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Backup Documents 12/16/2003 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING DECEMBER 16, 2003 12/16/2003 16:43 2392634864 NAPLESDATLY PAGE 02/04 Naples Daily News Nap103, FL 341.02 Affidavit of Publication Naples Daily News -------------------------------------------------- --------------------------- ------- -------- --------- ---- - ----- --- +--_--- ------- ---- --- - -- - - -- HOARD OF C=TY, COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 200213 58 ?27198 NOTICE OF PUBLIC MEE State of FJ.orida County of Collier Before the undersigned authority, personally appeared 8. iamb, who on oath says that she se Nee as ASSiStant Corporate Secretary of the Nraplee Daily News. a daily newsppaper published at Naples, in Collier County, Florida that the attached copy of adveztioing was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naplaa, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, .Florida, each day and has been entered as second class mail matter at the post office in Naples, in $aid Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further gays that she has neither paid nor promised any person, firm or corporation any discoun.c, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 12/14 AD SPACE: 120.000 INCH FILED ON- 12/15/03 1 1 ----- ^- --------- -----`-- --- + -- ----- ---- -- _-•.!!. (C Sirjrxature of Affiant /// � C Sworn to and Subscribed before me this day of 20 C1,3 Personally known by me ,Horrien gustrong RES rid? MYCOMMIS910N# DDIS4689 .' . #6rrDiII fMWj T#OY FAO ;NL4#ANCL. NK-. etswrovttb�rvcd ate . ' sbstF�pi��•��c►Flt' IRfRS i i COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS A�_ AGENDA December 16, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice - Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. December 16, 2003 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and /or Adopted with changes - 5/0 B. November 14, 2003 — Community Redevelopment Agency Approved as presented — 510 C. November 18, 2003 — Regular BCC Meeting Approved as presented — 510 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to designate December 17, 2003, as A Commemoration of the First Manned Powered Flight. To be accepted by Duke Vasey, Chairman, Collier County Airport Authority. Adopted - 5/0 B. Proclamation to designate Sunday, December 21, 2003, as National Homeless Persons' Day. To be accepted by Mary Soucek, Chairperson and Petro Jones, Incoming Chairperson, Catholic Charities of Collier County. Adopted - 510 2 December 16, 2003 5. PRESENTATIONS A. Recommendation to recognize Amy Tozier, Case Manager, Human Services Department as Employee of the Year 2003. Recognized 6. PUBLIC PETITIONS A. Item continued from the December 2 2003 BCC Meetin .Public Petition request by Mr. Charles H. Gunther regarding the removal of the Gateway Triangle from the Community Redevelopment Agency. No Action Taken 7. BOARD OF ZONING APPEALS A. Item continued from the December 2 2003 BCC Meetin ADA- 2003 -AR- 4351 Anthony P. Pires, Jr., of Woodward, Pires and Lombardo, P.A., representing Keith and Sue Orschell, requesting an appeal to interpretation AR -4119 pursuant to Division 1.6 and Sections 2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the rural agricultural (A) zoning district for property located at 6167 Adkins Avenue in Section 12, Township 49 south, Range 25 east, Collier County, Florida. Appeal Denied and Planning Directors Interpretation Accepted - 5/0 Staff to look at code and come up with something more definitive - 4/1 (Commissioner Henning opposed) B. This item requires that all nnrficiPants be sworn in and ex parte disclosure b provided by Commission members CU- 2002 -AR -2354, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Uses 3 and 4 of the "E" Estates District to add a child care and pre - school to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. Resolution 2003 -462 Adopted with changes - 510 8. ADVERTISED PUBLIC HEARING A. Public Hearing for the 2003 Cycle 2 Growth Management Plan Amendments (adoption hearing). 3 December 16, 2003 CPSP- 2003 -4 Approved -5/0 CPSP- 2003 -5 Approved -5/0 with amendments CPSP- 2003 -6 Approved -5/0 CPSP- 2003 -7 Approved -5/0 CPSP- 2003 -8 Approved -5/0 with changes CPSP- 2003 -9 Approved -5/0 Ordinance 2003 -67 — Adopted 510; Transmitting Amendments to DCA — Approved 510 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDZ- 2003 -AR -3905, Terry Kepple, PE, of Kepple Engineering, Inc., representing Stewart Marcus, requesting a rezone from "RSF -1" to "PUD" Planned Unit Development to be known as the Carlisle Regency PUD. The project will consist of a maximum of 35 residential dwelling units and is located at the southeast corner of the intersection of Orange Blossom Drive and Yarberry Lane, in Section 2, Township 49 south, Range 25 east, Collier County, Florida, consisting of 11.7+ acres. Ordinance 2003 -66 Adopted w /changes — 510 Moved from Item #17D C. This item requires that all participants be sworn in and ex pane disclosure be provided by Commission members PUDZ- 2003 -AR -3665, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVey - Knopke, LLC, requesting a rezone from the "A' rural agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.976 dwelling units /acre. The property to be considered for this rezone is located on the east side of Goodlette -Frank Road; north of Orange Blossom Drive, south of Vanderbilt Beach Road, and adjacent to the south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 south, Range 25 east, Collier County, Florida, consisting of 24.21+ acres. Ordinance 2003 -68 Adopted — 4/0 (Commissioner Coyle out) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Ochopee Fire Control District Advisory Committee. 4 December 16, 2003 Resolution 2003 -463 Appointing Jane Bee and Julianne Ballard, re- appointing John Powell - Adopted - 4/0 (Commissioner Coyle out) B. Appointment of member to the Golden Gate Estates Land Trust Committee. Resolution 2003 -464 Appointing Jeffery Scott Carl - Adopted - 4/0 (Commissioner Coyle out) C. Appointment of members to the Golden Gate Community Center Advisory Committee. Resolution 2003 -465 Re- appointing Kaydee Tuff and Vicki Clavelo - Adopted - 4/0 (Commissioner Coyle out) D. Appointment of member to the Environmental Advisory Council. Resolution 2003 -466 Appointing Joseph Gammons - Adopted - 4/0 (Commissioner Coyle out) E. Appointment of members to the Development Services Advisory Committee. Resolution 2003 -467 Appointing William J. Varian and re- appointing Blair A. Foley, Thomas Masters, Peter Van Arsdale, Marco Espinar and Brian E. Jones - Adopted - 4/0 (Commissioner Coyle out) F. Confirmation of member representing the EDC to the Revenue Commission. Resolution 2003 -468 Appointing Jamison Savage - Adopted - 4/0 (Commissioner Coyle out) G. Staff analysis and drafting of an ordinance to regulate the Landscaping Mitigation Bank. (Commissioner Henning) Approved - 4/0 (Commissioner Coyle out) H. Board of County Commissioners item for discussion, public input and consideration of decision relating to Charter County Form of Government. (Commissioner Henning and David Weigel) Denied 510; Motion to appoint a Charter Commission w/ set dollar amount in cooperation with Supervisor of Election to be placed on 2004 General Election Ballot - 510 10. COUNTY MANAGER'S REPORT 5 December 16, 2003 A. To obtain Board approval to award RFP #03 -3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Norman Feder, Administrator, Transportation Services) Approved — 5/0 B. Item continued from the December 2 2003 BCC MeetjR& Provide information to the Board of County Commissioners on hours of operation for construction activities including excavating operations. (Joseph K. Schmitt, Administrator, Community Development) Denied (hours of operation) - 5/0; Recommendation to review hours of operation on a site -by -site basis with County Manager regarding safety and noise issues Moved to Item #14A C. Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and returning net adjustment to General Fund. (Gene Schmidt, Executive Director, Airport Authority D. Provide information and clarification on the provisions set forth by Code of Laws Section 74 -201, the Collier County Consolidated Impact Fee Ordinance, 2001 -13, as amended, regarding impact fee assessments for changes of use or new /added development /intensity. (Joseph K. Schmitt, Administrator, Community Development) Motion to continue to use existing procedures — Approved 4/1 (Commissioner Henning opposed) E. Authorize staff to proceed with financing requirements to purchase a 49.81 - acre parcel of land located in the northeast quadrant of the intersection of Goodlette -Frank Road and Golden Gate Parkway, providing for drainage improvements, transportation improvements and environmental protection. Fiscal impact not to exceed $20,300,000. (Norman Feder, Transportation Services Administrator.) Resolution 2003 -469 Adopted — 510 F. Award a contract to Southwest Utility Systems, Inc., for construction of the Vanderbilt Beach Road Reclaimed Water Main, Bid #03 -3529, Project 74034, in the amount of $845,415. (Jim DeLony, Administrator, Public 6 December 16, 2003 Utilities) Approved — 510 G. Approve a Development Agreement with Stock Development LLC, which among other things, resolves a long- standing issue involving the Lely Resorts PUD and Development Order, and which agreement includes (1) the conveyance to the County, at no cost, of needed right -of -way along Collier Boulevard, and Rattlesnake - Hammock Road and for certain intersection improvements; (2) allows for needed stormwater management projects; (3) requires developer to construct, in place of a six lane roadway, a four lane roadway from Rattlesnake - Hammock Road to Lely Resort Boulevard; (4) requires developer to construct sidewalks, and provide bicycle racks and easements for County bus shelters; (4) requires developer to pay County $200,000 for County's overlay of Lely Boulevard; and (5) requires the County give final acceptance for the maintenance of certain roadways which were previously preliminarily accepted by the County. (Norman Feder, Administrator, Transportation Services Division) Approved — 510 H. Direct County Attorney to file appropriate motions to pursue the recovery of funds deposited with the Registry of the Court. (Mike Smykowski, Director, Office of Management and Budget) Approved — 510 I. Recommend that the Board of County Commissioners approve an agreement with the agency for Health Care Administration and Naples Community Hospital for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $438,915 in Federal Matching Funds annually. (John Dunnuck, Administrator, Public Services) Approved — 510 I That the Board of County Commissioners approve an agreement and plan to provide out of county transports for Naples Community Hospital (NCH) Healthcare Systems Facilities. (John Dunnuck, Administrator, Public Services) Approved — 5/0 7 December 16, 2003 K. Item continued from the December 2 2003 BCC Agenda. Approve a Tourist Development Tax Category "A" Funding Policy for beach renourishment and beach park facilities. (Jack Wert, Tourism Director) Approved - 510 Added L. A request for a permit to conduct a carnival hosted by the Naples Junior Chamber of Commerce. (Staff request) CP- 2003 -09 Approved — 510 Added M. Approve an interim agreement between Schenkel Shultz and Collier County to act as architect for the Naples Jail project and retain services of TKW Consulting Engineers, Inc., TLC Engineering for architect, Walker Parking Consultants and Goetz and Stopes Landscaping, retroactive to December 3, 2003 after declaration of emergency. (Staff request) Approved — 510 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY Moved from Item #10C A. Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and returning net adjustment to General Fund. (Gene Schmidt, Executive Director, Airport Authority Approved — 510 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. s December 16, 2003 ------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Lien Resolutions -Code Enforcement Case Numbers: 2003050858/01ga Hirshhorn; 2003070722 /Aurora Bros; 2003051051 /Buitrago, Alvaro; 2003060548/Cook, Wesley; 2003070586 /Stonestreet, William; 2003060299 /Tsalach Investments, LLC; 2003060608 /Baron, Mimon; 2003070986/Lora, Bulfrano; 2003070987/Lora, Bulfrano; 2003070985/Lora, Bulfrano; 2003080288 /Condon, Lelly; 2003081510/CNC Investments LLC; 2003081093 /Shelton, Randolph; 2003080966/Ramos, Luis & Maryorie; 2003090114 /Galloway, Barbara; 2003070674/Dion, Cheryl; 2003071414 /Tremblay, Claudette, 2003080361/Seva Est., Armand and 2003080930/Wilkinson- Meffert Const. Co. Resolution 2003 -431A thru Resolution 2003 -449 2) Petition AVESMT2003- AR4290 to disclaim, renounce and vacate the County's and the public's interest in a portion of the 10 foot wide utility easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1040, Pages 1987 through 1993, and to accept a 15 foot wide relocation utility easement, located in Section 33, Township 48 south, Range 25 east, Collier County, Florida. Resolution 2003 -450 3) Requesting Board approval of direction to staff and the County Attorney's Office to take all actions reasonably necessary to amend the Stipulated Settlement Agreement and Court Order pertaining to SDP- 88 -93, Dorset Park, to reflect approval of the Capital Center Conceptual Plan of Development for property located at the northwest corner of Coach House Lane and Airport- Pulling Road in Section 23, Township 49 south, Range 25 east, Collier County, Florida. 4) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002 -030. -in the amount of $1,385.15 5) Recommend that the Board of County Commissioners recognize a modification to United States Fish and Wildlife Service Cooperative 9 December 16, 2003 Agreement No. 1448 - 40181 -98 -J -021 to extend the period of performance from September 1, 2003 to December 31, 2003. 6) Request to approve for recording the final plat of "Pelican Marsh Unit Twenty Six ". - located in Section 34, Township 48 South, Range 25 East, Collier County. 7) Request Board approval to allow Collier HMA to continue to utilize the name "Collier Regional Medical Center" or "Greater Collier Regional Medical Center" for their proposed new hospital and medical office site on Collier Boulevard in Collier County. 8) Ratification of a Conditional Building Permit issued to Kelly and Wendy Paffel, for the construction of a swimming pool, deck, and cage that allows for a three (3) foot encroachment into the twenty (20) foot wide lake maintenance easement located in Pebblebrooke Lakes. 9) That the Board of County Commissioners approve a resolution that authorizes the Engineering Services Department to petition the South Florida Water Management District to delegate a portion of the Environmental Resource Permitting Program. Resolution 2003 -451 10) Approve Professional Services Agreement No. 03 -3473 in the amount of $337,466, for planning services to be provided by HDR, Inc., for a comprehensive zoning overlay for the Bayshore /Gateway Triangle Redevelopment. B. TRANSPORTATION SERVICES Withdrawn 1) Request the Board approve a resolution which permits the Transportation Services Division Administrator to accept on behalf of the County private donations of plants for the public benefit, and where appropriate, to give such plants for buffering to private property owners who have been impacted by public projects. 2) Approve a budget amendment for the Forest Lakes MSTU to transfer $587,000 from Reserves for future construction to Capital and 10 December 16, 2003 Operating Expenditure Budget. 3) Approve two Florida Communities Trust, Florida Forever Grant Contract Agreements, one in the amount of $1,909,200, reimbursement for the purchase of the Barefoot Beach Outparcel and one in the amount of $1,100,000, reimbursement for the purchase of mitigation lands for the Lely Area Stormwater Improvement Project and authorize the appropriate division administrator to execute all documents in connection with each project, as contemplated in the agreements. 4) Board approval to reject all bids received under Bid #03 -3567 "Pine Ridge Industrial park M.S.T.U. Drainage Maintenance ". 5) Approve the purchase of right -of -way Parcels 120 and 121 required for the expansion of Santa Barbara Boulevard and Golden Gate Parkway (Project No. 62081). Total fiscal impact: $602,808. - w/ Parkway Church of Christ, Inc., a Florida Non - Profit Corporation, f/k/a/ golden Gate Church of Christ, Inc., a Florida Non - Profit Corporation 6) Approve Change Order No. 13 in the amount of $234,015.51 to Ajax Paving Industries, Inc., for the Goodlette -Frank Road Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. - allowing two additional lanes from Center Street to Orange Blossom Drive C. PUBLIC UTILITIES 1) Award Annual Bid #04 -3575 for underground utility supplies to various vendors in the estimated amount of $1,000,000. -as detailed in the Executive Summary 2) Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $66.00 to record the liens. -as detailed in the Executive Summary 11 December 16, 2003 3) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record lien. Resolution 2003 -452 4) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. Resolution 2003 -453 5) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. Resolution 2003 -454 6) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. Resolution 2003 -455 7) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. Resolution 2003 -456 8) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to 12 December 16, 2003 record the lien. Resolution 2003 -457 9) Recommendation to approve the sole source purchase of cartridge filters from George S. Edwards Company Incorporated in the amount of $164,000. 10) Approve a budget amendment for County -Wide Sand Search, Project 90527, in the amount of $425,000. 11) Approve a work order, under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for responding to permit agency comments and requests for information as part of County -Wide Sand Search, Project 90527, not to exceed $100,000. 12) Approve a work order, under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for an environmental assessment in support of a lease agreement with the U.S. Minerals Management Services as part of County -Wide Sand Search, Project 90527, not to exceed $50,000. 13) Approve Work Order CDM- FT -04 -02 for utility engineering services related to South County Regional Water Treatment Plant Lime Softening Process, Project 70057, in the amount of $690,664. - w/ Camp, Dresser, & McKee, Inc. 14) Approve Work Order HS-FT-04-01 for utility engineering services related to North County Regional Water Treatment Plant Wellfield Reliability, Project 71006, in the amount of $622,350. - w /Hazen and Sawyer, P.C. 15) Approve Work Order CDM- FT -04 -01 to Camp Dresser and McKee Engineers for engineering services related to telemetry and scada upgrades for Manatee Pump Station in the amount of $120,696 for Project 70124. 16) Authorize a work order under Contract No. 03 -3427 to Professional Service Industries, Inc. (PSI) in an amount not to exceed $375,500 to 13 December 16, 2003 assist in the preparation of conceptual plans and construction documents to upgrade and reconstruct the facilities at the Immokalee, Marco Island, Naples Airport and Carnestown Recycling and Hazardous Waste Collection Centers. 17) Approve a blanket purchase order with U.S. Filter for maintenance and repair of odor control units at both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the amount of $163,231. 18) Approve a Utility Facilities Reimbursement Agreement with Southern Development Company, Inc. (Home Center Plaza). - estimated cost $72,630 19) Approve Contract 03 -3517 with Greeley and Hansen, LLC, for "Professional Engineering Services for Water Main Projects" in the amount of $889,999 for Projects 70151, 70152 and 70153. 20) Approve Work Order WMI- FT -04 -01 under Contract 01 -3290 with Wilson Miller Inc., in the amount of $161,500 for professional services associated with rezoning and site development planning for the site of the proposed Northeast Regional Water Reclamation Facility and Water Treatment Plant, Project Numbers 70154 and 73155. 21) Approval of a budget amendment for $47,100 for the operation of the Public Utilities Operations Center. 22) Approve Budget Amendments to transfer carry forward funds in the amount of $119,000 from the Solid Waste Department and $189,000 from the Pollution Control Department to fund the office renovation project for the Public Utilities Offices on the Third Floor of Building H. 23) Approve a scope increase to the project to renourish Hideaway Beach with Upland Sand to include renourishment of Hideaway South Point, Project 90541. - estimated cost increase $61,280 14 December 16, 2003 24) Approve a budget amendment to reallocate funds in the amount of $253,000 for the South County Water Reclamation upgrades to the Chemical Feed Systems, Project 72008. D. PUBLIC SERVICES 1) Approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for training and medical /rescue equipment. Resolution 2003 -458 2) Approve Work Order #PBS- 02 -33, Contract 02 -3349 in the amount of $67,940 to Professional Building Systems, General Contractors for the construction of a restroom facility at Roberts Ranch. 3) Approval of a Sole Source Agreement with Medtronic Physio - Control for the maintenance and upgrade of Lifepak Monitors for the Emergency Medical Services Department in the amount of $34,896. 4) Request to appropriate $15,474 to carry forward for the purchase of Automatic External Defibrillators (AED's), which will be placed in high - volume Collier County Government Buildings. 5) Approval of the annual contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department at an FY04 cost to the County of $1,462,200. 6) Approve a lease agreement with the Children's Museum of Naples Inc., for vacant land at the North Naples Regional Park at an annual rent of $100. Resolution 2003 -459 E. ADMINISTRATIVE SERVICES 1) Recommendation to award Bid No. 04 -3580, On -Call Electrical Repairs and New Installation, to be used by various County departments for maintenance and repairs. (Estimated dollar amount of $100,000) -as detailed in the Executive Summary 15 December 16, 2003 2) Approve a budget amendment to acknowledge receipt of a $1,000 gift from Wal -Mart Stores Inc., for the installation of a County Government and Museum Sign at the south entrance of the US -41 Main Government Complex. 3) Approve and execute an agreement to provide the District School Board of Collier County, Florida, $102,917.65 from the GAC Land Trust to purchase playground equipment and sunscreens at Sabal Palm Elementary School. 4) Approval of the 2004 contract renewal with Corporate Benefit Services of America, Inc., for group health insurance claims adjusting services. - as detailed in the Executive Summary 5) Report and ratify staff - approved change orders and changes to work orders to Board - approved contracts. -as detailed in the Executive Summary 6) Approval of the purchase of Group Health Excess Insurance for Calendar Year 2004. -as detailed in the Executive Summary 7) In compliance with the purchasing policy, report to the Board of County Commissioners that there were no interest penalty payments for violations of the Florida Prompt Payment Act during the Fiscal Cycle beginning October 1, 2003 and ending September 30, 2003. F. COUNTY MANAGER 1) Approval of a resolution designating the Tourism Department, which operates as The Greater Naples, Marco Island, Everglades Convention and Visitors Bureau, as the Official County Tourism Promotion Agency. Resolution 2003 -460 2) Approval of Budget Amendment Report — BA #04 -073 in the amount of $25,000 — engineering fees for Vanderbilt Beach Beautification Master Plan. 16 December 16, 2003 3) Award Bid #02 -3392, Emergency Management Public Safety Wind Protection Project, to Teragram Inc D /B /A Allsafe Shutters in the amount of $82,000 to provide wind protection to eight (8) public safety facilities in Collier County. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 1) Authorize the Making of Offers of Judgment for Parcels 806, 106, 111 and 115B in the Immokalee Road Project (Wilson to Collier Boulevard #60018). -as detailed in the Executive Summary 2) Authorize the Making of Offers of Judgment for Parcels 117, 118A, 130, 114, 121 and 122 in the Immokalee Road Project (Wilson to Collier Boulevard #60018). -as detailed in the Executive Summary 3) Approve the stipulated final judgment relative to the acquisition of Parcel 218 in the lawsuit styled Collier County v. Kathryn Hankins, et al, Case No. 99- 1296 -CA, Golden Gate Boulevard Project No. 63041. - in the amount of $400.00 4) Approve the stipulated final judgment relative to the acquisition of Parcel 203 in the lawsuit styled Collier County v. Douglas Terry, et 17 December 16, 2003 al, Case No. 00- 1297 -CA, Golden Gate Boulevard Project No. 63041. -in the amount of $2,000 5) Recommendation that the Board approve a retention agreement for legal services on an "as needed" basis with the Law Firm of Nabors, Giblin and Nickerson, P.A., to meet County purchasing policy contract update requirements. - as detailed in the Executive Summary 6) Approve the Stipulated Final Judgment relative to the Acquisition of Parcels 119A, 119B and 719 in the lawsuit styled Collier County v. Daniel F. Johnston, et al, Case No. 02- 1446 -CA (Goodlette -Frank Road Project #60134). -in the amount of $44,250 7) Approve the Mediated Settlement Agreement as to Parcel 194 in the lawsuit entitled Collier County v. Robert W. Pieplow, et us, et al, (Immokalee Road Project 60018) total cost $44,275. 8) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 117, 133, 717A, 717B and 733 in the lawsuit styled Collier County v. Calusa Bay Master Associations Inc., et al, Case No. 02- 2040-CA (Goodlette -Frank Road Project No. 60134). - in the amount of $402,100 9) Approve the Stipulated Final Judgment relative to the easement acquisition on Parcel 326 in the lawsuit entitled Collier County v. Agnaldo Delima, et al, (Golden Gate Boulevard Project). - in the amount of $1,200 10) Accept a Child Dependency Grant -In -Aid of $43,952.76 from the State of Florida, Justice Administrative Commission (JAC) and authorize Chairman to sign the Amendment. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY 18 December 16, 2003 PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition AVPLAT2003- AR3673 to disclaim, renounce and vacate the County's and the public's interest in a portion of the 10 foot wide drainage easement located along the rear of Lot 23, according to the plat of "The Lodgings of Wyndemere Section One" as recorded in Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida, located in Section 19, Township 49 south, Range 26 east. Resolution 2003 -461 B. This item has been deleted. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members An Ordinance amending Collier County Ordinance No. 72 -1, as amended, which created the Collier County Lighting District; to add Trade Center of Naples, Trade Center of Naples Replat of Lots 44 and 45, Industrial Village, Industrial Village No. 2, Kathleen Court, Lot 155 J &. C Industrial Park, and J & C Industrial Park to the Collier County Lighting District; by deleting Imperial Golf Estates Unit 1, Imperial Golf Estates II, Imperial Golf Estates I11, Imperial Golf Estates I Access Road, Imperial Golf Estates 4, Imperial Golf Estates Unit 5, and Railhead Industrial Park from the Collier County Lighting District; providing for inclusion in Code of Laws and Ordinances; providing conflict and severability; providing an effective date. Ordinance 2003 -65 Moved to Item #8C D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDZ- 2003 -AR -3665, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates 19 December 16, 2003 McVey - Knopke, LLC, requesting a rezone from the "A' rural agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.976 dwelling units /acre. The property to be considered for this rezone is located on the east side of Goodlette -Frank Road; north of Orange Blossom Drive, south of Vanderbilt Beach Road, and adjacent to the south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 south, Range 25 east, Collier County, Florida, consisting of 24.21+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. 20 December 16, 2003 ir� AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 16, 2003 Move Item 10C to 14A: Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and returning net adjustment to General Fund. (Staff request.) Add Item 10L: A request for a permit to conduct a carnival hosted by the Naples Junior Chamber of Commerce. (Staff request.) Add Item 10M: Approve an interim agreement between Schenkel Shultz and Collier County to act as architect for the Naples Jail project and retain services of TKW Consulting Engineers, Inc., TLC Engineering for architect, Walker Parking Consultants and Goetz and Stopes Landscaping, retroactive to December 3, 2003 after declaration of emergency. (Staff request.) Withdraw Item 16(B)1: Request the Board approve a resolution which permits the Transportation Services Division Administrator to accept on behalf of the County private donations of plants for the public benefit, and where appropriate, to give such plants for buffering to private property owners who have been impacted by public projects. (Staff request.) Move Item 17D to 8C: PUDZ- 2003 -AR -3665, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVey - Knopke, LLC, requesting a rezone from the "A" rural agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.976 dwelling units /acre. The property to be considered for this rezone is located on the east side of Goodlette -Frank Road; north of Orange Blossom Drive, south of Vanderbilt Beach Road, and adjacent to the south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 south, Range 25 east, Collier County, Florida, consisting of 24.21+ acres. (Staff request.) NOTE: Item 10B will be heard after 1:00 p.m. Provide information to the Board of County Commissioners on hours of operation for construction activities including excavating operations. Item 16(B)5: Pursuant to s.125.355(b) Fla. Stat. , approval of this purchase which exceeds the average appraised price of two appraisals will require an extraordinary vote (4 of 5) by this Board. Approve the purchase of the right -of- way parcels 120 and 121 requested for the expansion of Santa Barbara Boulevard and Golden Gate Parkway Project #62081. Total fiscal impact $602,808. Item 16(K)3: The County Attorney was able to settle with the property owner for $1000 rather than $800, and received the executed judgment from the owner on December 12, 2003. Therefore, the additional deposit is $600 rather than $400. Also, the correct case number for this item is No. 00- 1296 -CA rather than 99-1296 - CA. PROCLAMATION 4 WHEREAS, on December 17, 1903, the Wright Brothers accomplished the first manned powered flight of a 'heavier than air" aircraft, and thus opened the door to some of the greatest accomplishments' and adventures ever witnessed by humankind, and, WHEREAS, Collier County, Florida, has provided county aviation facilities, and, WHEREAS, Collier County, Florida; is home to aeronautical service providers including Airworks Enterprises, Hornet Flight Training, Ian broom Air Shows, Marco Aviation, Suncoast Sporty /ones, Wings, Inc., Chevron and others; and, WHEREAS, Collier County, Florida, is home to the Lorenzo Walker Instituti of Technology, a school for instruction of aviation skills, a US Air Force Auxiliary, Marco Island Senior Squadron, Civil Air Patrol, and Collier Model Aeronautic Club, and, WHEREAS, aviation is a growing ec� engine and as a transportation source, FLORIDA TOM HENNIN6, A. 40-WAWk DWIGHT E. BROOK, CLERK as: of Collier FLIGHT 4B+ PROCLAMATION WHEREAS: researchers have shown that over 13 million adults nationwide have been homeless at some point in their lives and the number of individuals and families needing assistance from social service programs continue to increase at an alarming rote; and, WHEREAS: nearly 34.6 million people across the nation were living in poverty last year of which over 12.1 million of them were children with many of whom have no place to call home, and, WHEREAS: in Collier County, it is estimated that at any point in time there are over 8010 men, women, and children homeless; and, DONE AND ORDERED BOARD OF COUNTY COMMISSIONERS COLLIE COU , FLORIDA TOM HEVAIIA49, 08/26/2003 13:45 7744010 COUNTY MGR OFER- OE COLLIER COUNTY F40RIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board. Please place the following as a: XXX Normal Legal Advertisement Other: 1- (Display Adv., location, etc.) w warrawrerwrrwr• arwwwwtr *rarawrwrarraarxraeraaarrr•r *ww rrrrrrr •rrrwraratw•:'�a ongiimmg Dept! Div: Cown,Dev.Serv.1Planning Person: Petition No. (If none, give brief description): ADA- 2003- AR4351 - PAGE 02 "7A IW Date: d J S= O 3 Petitioner. (Name & Address): Amnorty P. pires, h., of Woodward, fires and Lombardo, P.A., 3200 Tamiami Trail N. Suite t00, Naples, Florida 34103 Nana; & Address of any persons) to be notified by Clerks Office. (It rnorc space is needed, attach separate- sheet) Keith and Sue Orscheil 6266 Adkins Avenue Naples, Florida 34112 Hearing before BCC BZA Other Requested Hearing date: 9ZEM Based an advaUsensentAgpliming 114" betowhaffiriV& Newspaper49,y to be used: (Complete only if inVoataat): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & coaunon location & Size: ADA- 2003- AR4351, Anthony P. Fires, Jr., of Woodw u d, Pires and Lombardo, P.A., representing Keith and Sue Orschell, requesting an appeal to Interpretation AR -4119 by virtue of Divisio 1 1.6 and Sections 2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile Some in the "A" Agricultural zoning district for property located at 6167 Adkins Avenue in Section 12, Township 49 South, Range 251:ast, Collier County, Florida. Companion petitions), if any & proposed hewing date: Does Petition Fee include advertising cost? Yes No U Yes, what account shonid be chuged for advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: aranent Head D County Manager Date List Attacbmem: DISTRIBUTION - INS171 C 0M— A. For bea dap befora BCC or BZA: Initfating person le one copy and obtain Division Read approval beta e subraittfog to County Manager. Mote: If legal document Is ova k be sore that my nomI my kpl review, or n quart for saaa4 k mbini ted to County Attert� before submitting to County Minster. `Tire Manows Oak& *n d isdr&eoe fi`'`x .., , County Manager agenda flies to Requesting Division Origtwl Clark's Office S. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. • rwrawwwwwwwrwwarwwwwwwrwwwwwrwwwwwwwwwwwrrwrrrwwwwwrraarrwrarwrawawrwrwwwwwr •ww•••••awwwwwawwwwwwwrrw FOR CLERK'S OFFICE USE ONLY: Date Received: k1d tvLA03 Date of Public hearing 3 Date Advertised: 08/26/2003 13:45 7744010 COUNTY MGR OFER_ OE PAGE 01 "74 [ ] Urgent [ j For Review [ ] Please Comment [ I Please Reply poi re c COLLIER COUNTY OFFICE OF THE COUNTY MANAGER 3301 EAST TAMIAMI TRAIL NAPLES FL 34112 Phone 239 -774 -8383 Fax 239 - 774-4010 To: Pctyck Fax Number; From: Ca Manager's Office Date: Total Pages: [ ] Urgent [ j For Review [ ] Please Comment [ I Please Reply poi re c 0#7A w June 2, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition: ADA- 2003 -AR -4351 Dear Georgia: Please advertise the above referenced petition on Sunday, September 7, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk A Enclosure Charge to: Account 113 - 138312- 649110 07A. '- - NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 23, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition ADA- 2003 -AR -4351, Anthony P. Pires, Jr., of Woodward, Pires and Lombardo, P.A., representing Keith and Sue Orschell, requesting an appeal to 'Interpretation AR -4119 by virtue of Division 1.6 and Sections 2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the "A" Agricultural zoning district for property located at 6167 Adkins Avenue in Section 12, Township 49 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) 74 s August 26, 2003 Anthony P. Pires, Jr. Woodward, Pires and Lombardo, P.A. 3200 Tamiami Trail N. Suite 200 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition ADA- 2003 -AR -4351 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure of 74 August 26, 2003 Keith and Sue Orschell 6266 Adkins Avenue Naples, FL 34112 Re: Notice of Public Hearing to Consider Petition ADA- 2003 -AR -4351 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: legals @naplesnews.com ATTN:GEORGIA re: ada- 2003 -ar -4351 to run on sunday, 9/7/03 pls confirm receipt of this request thanks georgid teri ADA- 2003 -AR -4351 .doc ADA- 2003 -AR -4351 .doc Teri Michaels From: postmaster @clerk. col Iier.fl.us Sent: Tuesday, August 26, 2003 3:45 PM To: Teri Michaels Subject: Delivery Status Notification (Relay) I' ILI ATT424802.txt ATTN:GEORGIA 1XI This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Teri Michaels From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, August 26, 2003 3:37 PM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA Ll ATTN:GEORGIA <<ATTN:GEORGIA>> Your message To: legals @naplesnews.com Subject: ATTN:GEORGIA Sent: Tue, 26 Aug 2003 15:45:07 -0400 was delivered to the following recipient(s): legals on Tue, 26 Aug 2003 15:37:21 -0400 4-, 0 r.. a� �n a C�7 z H 1p R Cs G •L '', d A A U O LO Q M O O N Q D Q v v A A U O LO M v cr- M 0 O N Q O Q v v '^'-';p4 9 M O O N N 00 Ln 7 w v 0 u �C L (U En a) fu 0 N E � Cp _u V• M L O O 3 M Mo N oN M S +' o 0 cn CV Q o i (6 N Lo M \ o 0- w C7 E 3 � ON c= 3 a ='CM i O cn m Q N L Q C7 cu u >; a Z M Q1 � ca Z ��'a c� p vii E O v C�J Q N o 4 cn Y N N s. O Q c in o L Q N O S N w LL (ii CL C0) O C > O L L O li y FO- o 0) A A U O LO Q M O O N Q D Q v v A A U O LO M v cr- M 0 O N Q O Q v v '^'-';p4 9 M O O N N 00 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on September 7th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 9th day of September ,2003 (Signature of notgry public) A r Harriett Bushong MY COMMISSION # DD234689 EXPIRES July 24, 2007 �� OF `40P• BONDED THRU TROY FAIN INSURANCE, INC NOTE: All Persons wish- ing to speak on any agenda Item must repls- ter with. the Count Ad- on any Item, The selec- tion of an individual to speak on behalf of an organization or proup Is encouraged. if recog- nized by the Chair, a spokesperson for a grout .or organization may be allotted 10 min- �mta to speak on an m. Persons wishing to have written or graphic ma• terlels Included In the Board agend$ paci-ats must subm t said ma• terial a minimum of 3 weeks prlor.to_ the re- en days prior to tli Public hearing. All ma terial used In presents tions before the Boar will become a -perme neat part of the record. Any ppperson who decide: theaeoard willdneed a re pcord of the proceeding: therefore, may need tt ensure that a verbatin ngs is made, which re• cord Includes the tests• mony and evidence upon which the appeal Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MTOM HENNING, CHAIR - DWIGHT E. BROCK, CLERK BY: / /s /Terl Michaels,) (DSEAL3 Clerk eok 7 No 274179 10/24/2003 14:45 7744010 COUNTY MGR OFER_ OE COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: PAGE 02 74 (Display Adv., location, etc.) #t *#A * * * # # ** # * # #A * * # ##w#rwwAR ## fA Originating Dept/ Div. Comm. Dcv.Serv.fPlanning Person: Date: Petition No. (if none, give brief description): ADA- 2003 -AR -4351 Petitioner: (Name & Address): Antnony P. Pires, Ir., of Woodward, Pires and Lombardo, P.A., 3200 Tamismi Trail N. Suite 200, Naple Florida 34103 Name & Address of any person(s) to be notified by Clerk's Office: (it more space is needed, attach separate sheet) Keith and Sue Orschcll 6266 Adkins Avenue Naples, Florida 34112 Hearing before SCC BZA Other Requested Hearing date- 12/2/03 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: ADA - 2003- AR4351, Anthony P. Pires, Jr., of Woodward, Pires and Lombardo, P.A., representing Keith and Sue Orschell. requesting an appeal to Interpretation AR -4119 by vime of Division 1.6 and Sections 2.7.3.5.2.2.. 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the "A" Agricultural zoning district for property located at 6167 Adkins Avenue in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? es No It Yes, what account should be charged for advertising costs: 113 - /38/2- �`ftQl�b Reviewed by: Approved by:. epartment Head // Date County Manager Dates List Attachments: DISTRIBUTION IN TRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Nate: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. M# AwRA* A# A#*# A# A## AA#*##### AAwRAA*# AAAAAAAA*#*## A4AAAAAARAAA * *'MA * * *#AA111'1► *AA'A * *M' �'y"*' 7 CLERK'S OFFICE USE ONLY: Date Received: /D Date of Public hearing: 4Z/o 3 Date Advertised: 3 !0!24/2003 14 :45 7744010 COUNTY MGR OFER_ OF PAGE 01 Opp To: Fax Number: COLLIER COUNTY OFFICE OF THE COUNTY MANAGER 3301 EAST TAMIAMI TRAIL NAPLES FL 34112 Phone 239 - 774 -8383 Fax 239 - 7744010 Trish, Minutes & Records 774.8408 From: Mary -lo County Manager's Office Date: October 24, 2003 Total Pages: 2 [ ) Urgent j) For Review [) Please Comment [) Please Reply Trish, Just one sheet...figured it was o. k. to fax. _Efqoy your weekend. October 27, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition: ADA- 2003 -AR -4351 Dear Georgia: Please advertise the above referenced petition on Sunday, November 16, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk Enclosure Charge to: Account 113 - 138312- 649110 74 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition ADA- 2003 -AR -4351, Anthony P. Pires, Jr., of Woodward, Pires and Lombardo, P.A., representing Keith and Sue Orschell, requesting an appeal to Interpretation AR -4119 by virtue of Division 1.6 and Sections 2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the "A" Agricultural zoning district for property located at 6167 Adkins Avenue in Section 12, Township 49 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A. Houtzer, Deputy Clerk (SEAL) 4 OP7 County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE g 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds August 26, 2003 Anthony P. Pires, Jr. Woodward, Pires and Lombardo, P.A. 3200 Tamiami Trail N. Suite 200 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition ADA -2003 -AR -4351 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 4" a 4+.(— Linda A. Houtzer Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- qoflierc1erk@c1erk.co1Her.fl.us �� f oun�y; �f Collier ' CLERK OF THE 'CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor iCustodian of County Funds November 6, 2003 Mr. And Mrs. Keith Orschell 6266 Adkins Avenue Naples, FL 34112 Re: Notice of Public Hearing to consider Petition ADA- 2003 -AR -4351 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK xllx'� 4"/i Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collie_ rclerk@clerk.collier fl us Linda A. Houtzer From: postmaster @clerk.collier.fl.us Sent: Monday, October 27, 2003 9:03 AM To: Linda A. Houtzer Subject: Delivery Status Notification (Relay) �' LI AT58750.txt ADA- 2003 -AR -4351 I This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Linda A. Houtzer From: System Administrator [postmaster @naplesnews.com] Sent: Monday, October 27, 2003 8:54 AM To: Linda A. Houtzer Subject: Delivered: ADA- 2003 -AR -4351 Li ADA- 2003 -AR -4351 «ADA- 2003 -AR- 4351» Your message To: Georgia (E -mail) Subject: ADA- 2003 -AR -4351 Sent: Mon, 27 Oct 2003 09:02:51 -0500 was delivered to the following recipient(s): legals on Mon, 27 Oct 2003 08:54:11 -0500 1 ADA- 2003 -AR -4351 Linda A. Houtzer From: legals [legals @naplesnews.com] Sent: Monday, October 27, 2003 2:28 PM To: Linda A. Houtzer Subject: RE: ADA- 2003 -AR -4351 CAP - - - -- Original Message---- - From: Linda A. Houtzer [mailto: Linda. Houtzer@clerk.collier.fl. us] Sent: Monday, October 27, 2003 9:03 AM To: Georgia (E -mail) Subject: ADA- 2003 -AR -4351 Good Morning Georgia, Please run the attached on Sunday, November 16, 2003. Thank You, «ADA- 2003- AR- 4351.doc>> «ADA- 2003- AR- 4351.doc>> Linda Houtzer Deputy Clerk 10/28/2003 . Page 1 of 1 74 Linda A. Houtzer From: Linda A. Houtzer Sent: Thursday, November 06, 2003 9:53 AM To: Georgia (E -mail) Subject: ADA- 2003 -AR -4351 Georgia, In checking our file, I find that I do not have a confirmation to run for this notice. It was sent on Oct. 27. If you have received it, please send the confirmation. If not: Please run this ad on Sunday, November 16, 2003. Thank you, Linda ADA- 2003 -AR -4351 ADA - 2003 -AR -4351 .doc doc Minutes and Records Linda A. Houtzer From: postmaster @clerk.collier.fl. us Sent: Thursday, November 06, 2003 9:53 AM To: Linda A. Houtzer Subject: Delivery Status Notification (Relay) FA ATT172134.bct ADA- 2003 -AR -4351 74— , This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 .�A Linda A. Houtzer From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, November 06, 2003 9:43 AM To: Linda A. Houtzer Subject: Delivered: ADA- 2003 -AR -4351 0 ADA- 2003 -AR -4351 «ADA- 2003- AR -4351>> Your message To: Georgia (E -mail) Subject: ADA- 2003 -AR -4351 Sent: Thu, 6 Nov 2003 09:52:35 -0500 was delivered to the following recipient(s): legals on Thu, 6 Nov 2003 09:43:28 -0500 1 ADA- 2003 -AR -4351 Linda A. Houtzer From: legals [legals @naplesnews.com] Sent: Thursday, November 06, 2003 11:55 AM To: Linda A. Houtzer Subject: RE: ADA- 2003 -AR -4351 rcvd to run nov. 16 georgia - - - -- Original Message---- - From: Linda A. Houtzer [ma i Ito: Linda. Houtzer @clerk.collier.fl.us] Sent: Thursday, November 06, 2003 9:53 AM To: Georgia (E -mail) Subject: ADA- 2003 -AR -4351 Georgia, #074 Page 1 of 1 In checking our file, I find that I do not have a confirmation to run for this notice. It was sent on Oct. 27. If you have received it, please send the confirmation. If not: Please run this ad on Sunday, November 16, 2003. Thank you, Linda Minutes and Records «ADA- 2003- AR- 4351.doc>> «ADA- 2003- AR- 4351.doc>> 11/6/2003 7 A AD- 2003•AR -4351 i:.Aw. NEARING NAPLES DAILY NEWS dUVIIC heart Published Daily in e, Adm Naples, FL 34102 Building, Co Rovernmel 3301 East Ta Naples, Fig Affidavit of Publication meeting w 9:00 A.M. State of Florida The Board w Petition newspaper has heretofore been continuously published in said Collier , tfi Wood County of Collier an L and Lombard resenting Kai Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE ' "' °" 1 ° 1 NOTE: All Persons ing to speak or a item in the matter of Public Notice ter with genda must the Courd was published in said newspaper 1 time in the issue P Item to be addreised Indlyidual speakers wit be on November 16th, 2003 limited to 5 minute: on any Item. The selec tion of an Individual tc Speak on behalf of ar organization or 0roup I: encouraged. if recog. Affiant further says that the said Naples Daily News is a newspaper nized by the Chair, e spokesperson for s published atNa Naples, in said Collier County, Florida, and that the said P P h'� group or organlzatior, may De allotted newspaper has heretofore been continuously published in said Collier 10 min. to speak on an County, Florida; distributed in Collier and Lee counties of Florida, l em each day and has been entered as second class mail matter at the post 4rsons wishing to have office in Naples, in said Collier County, Florida, for a period of t graphic year next preceding the first publication of the attached copy of further that he has tennis Included in the Board aGcoda packets advertisement; and affiant says neither paid nor must sudmit said ma. promised any person, firm or corporation any discount, rebate, terlai a Tminimum of 3 weeks pr9or to the re- commission or refund for the purpose of securing this advertisement for spectiv public hearing. publication the said newspaper. /'X In any written ma. terlai Intenyded to rd �e submitt da4o s, shn the appropriate County ( Signature of affiant) staff a minimum of sev- en days prior to the P hearing. All ma- Sworn to and subscribed before me 1°1.1`°1 "' I'm r, This 18th day of November ,2003 Any person who to appeal a dec the Board will ne cord of the roc pertaining t9er, therefore, may ensure that a v — record of the p (Signature of notary public) trigs Is made, w cord includes th moray and ev upon which the Is based. BOARD OF COUNT` LL E'ONEYCO R COUNT, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, riFGk A. Houtzer, on 41 !"7A ADA- 2003 -AR -4351 MAUREEN SCHOCH 6167 Adkins Ave., Naples 34112 1. Cover letter from Maureen Schoch - facts you should know 2. Photos of the first replacement mobile home (1981 doublewide) and the second replacement mobile home (new 2003 triplewide). 3. Additional photos of the new 2003 triplewide 4. Letter from Maureen Schoch dated 12 -15 -03 5. Letter from Margaret Wuerstle, Notice of Official Interpretation of Collier County Land Development Code Ordinance 91 -102 (Documents relating to the lust and second mobile homes on the property) 1. Dated 1 -10-71 - Permit 71494, original permit for 1971 singlewide mobile 2. Dated 10 -1 -97 - Declaration of singlewide mobile as real property 3. Dated 10 -9 -97 - Permit 97100518, permit for demo. of original 1971 singlewide 4. Dated 10 -28 -97 - Permit 97100520, Permit for 1981 doublewide 5. Dated 3 -10-98 - C.O. for 1981 doublewide 6. Dated 4 -2 -98 - Permit for demolition of original 1971 singlewide (reapplied) 7. Dated 1 -7 -03 - Permit for demo. of 2nd mobile, the 1981 doublewide 8. Dated 1 -7 -03 - Inspection job card (final building) for demo. of 1981 doublewide (Documents relating to the x� istingtnplewide an gyred home) 1. Dated 2 -5 -03 - Permit 2003010885, Permit for 2003 triplewide 2. Dated 1 -29 -03 - Permit for new septic system 3. Dated 1 -03, Septic engineer's plot plan for new septic 4. Dated 2 -11 -03 - Recorded Notice of Commencement for triplewide 5. Dated 12 -23 -02 - Copy of official survey showing old septic, well and doublewide 6. Dated 10 -02 - Plot plan showing existing doublewide and proposed triplewide 7. Dated 3 -28 -03 - Inspection History showing all fees paid & all inspections complete 8. Dated 4/7/03 - C.O. on new triplewide 9. Dated 9/4/03 - Mobile home converted to real property; mobile home titles retired Collier County Board of County Commissioners Administration Building, County Government Center 3301 East Tamiami Trail Naples, Florida Dear Sirs: Dec. I5, 2003 6167 Adkins Ave. Naples, FL. 34112 RE: ADA- 2003- AR4351 As you deliberate on this replacement mobile home, please consider these facts: THE AREA: This property is in an Ag -zoned pocket neighborhood off County Barn Rd. It's completely different from the subdivisions, apartments and commercial enterprises that surround it on Davis, Rattlesnake Hammock and 951. It's an old (for Naples) neighbor- hood, with many homes from the 70's. Lot sizes vary from of 1 to 5 acres, with 2 -1/2 acre lots predominating. Some parcels are still vacant. Most of the roads are still unpaved. THE PEOPLE: Despite the agricultural zoning, few residents here engage in agricultural pursuits. They just want a little land to garden, or the freedom to park their pickup in the driveway without being hassled by some condo or homeowners' association. The majority of residents here are like those in Golden Gate Estates...the "worker bees" of Naples. Many own a small business, or work in the building trades. But the point is, it's mostly working Mille in this neighborhood — NOT retirees. THE HOMES: Most of the homes here are under 1,500 sq. ft., and many are under 1,000 sq. ft. There is a wide variety of home styles and building materials, with numerous frame dwellings as well as concrete block. Most are site - built, but there are quite a few mobile homes too, including one right across the street from the subject property. THE SUBJECT PROPERTY: There has been a completely legal, duly permitted, continuously occupied mobile home on this 2 -1 /2 acre parcel for nearly 33 years. (See enclosed documentation.) The original singlewide mobile was permitted in 1971 and occupied until 1997. It was replaced by a doublewide, which was permitted in 1997, C.O'd in `98, and occupied by us from `98 'til January of 2003. The current home is the third legal mobile home to be placed on this property. It was permitted in January 2003, and C.O.'d in April. THE FIRST MOBILE HOME -- A SINGLEWIDE. PERMIT DATE: JAN. 10, 1971. The first known building permit for this property was issued to an Ed Johnson on 1- 10 -71. (See enclosed permit.) He got a permit to install a 1971 singlewide mobile home. This original mobile was occupied by a variety of families during the next 26 years. In July, 1997 my husband and I bought the property, and moved into the existing singlewide. 7 THE 2ND MOBILE HOME - A DOUBLEWIDE. PERMIT DATE: OCT. 28, 1997. A few months after moving into the original singlewide, we applied to replace it with a newer (1981) doublewide. (See photos and permits, enclosed.) We carefully followed standard procedure. The existing septic and well were inspected, and passed the then - current codes. We requested and received all necessary permits, paid all required fees, and passed all inspections, receiving our C.O. for the replacement mobile on March 10, 1998. (See documentation packet #2) After receiving our C.O. on the doublewide, we demo'd and removed the original singlewide. For the next five years, we lived fulltime in that replacement doublewide while we saved for a larger, better -built home. THE CURRENT MOBILE - A TRIPLEWIDE. PERMIT DATE: FEB. 11, 2003. On January 14, 2003, we applied to replace our `81 mobile with a new Wind Zone III home, to be located on the same exact spot as the existing mobile. Once again, we followed standard procedure, just as we had in 1997. This time there were more stringent requirements -- but we met each and every one. After receiving our building permit, we vacated the existing mobile (the replacement doublewide), demo'd and removed it from the property. We then had the new home brought in and placed where the old one used to be. We used licensed contractors for all trades. Current codes demanded a new, larger septic, so we put one in. Once again, we complied with all county requirements, paid all the fees, and passed all the inspections. We received our C.O. on April 7, 2003 and immediately moved in. (See documentation, packet #3.) THE SUBJECT HOME. Cost: $111,000. With its 168 ft. setback, the home is barely visible from the road. However, it's very attractive, with natural cedar log siding and extensive landscaping. It's a triplewide, with over 1,800 sq. ft. under air, and it's probably one of the largest homes in the neighborhood. It's also very well- built, not only meeting all applicable Wind Zone III codes, but exceeding them in many respects. (We have superior insulation, roof & floors 16" on center, 5/8 inch sheetrock, dual pane windows and doors throughout, etc.) The cost of the home itself was $62,000, but with sales tax, transportation, set -up, permits, grading, texturing, painting, ceramic tile and the new septic, the total cost was over $111,000 -- excluding the cost of the land itself. A lanai, pool and cage are planned for the near future. CONVERTED TO REAL PROPERTY. On September 4, 2003, in accordance with the new Florida law, we retired the mobile home titles and converted the home to real property. Axles and wheels were removed, and all requirements were met. Legally, the home is now real property. (See recorded documents enclosed). Respectfully, eaureen and Lee Schoch ADA- 2003 -AR -4351 6167 AWNS AVE., NAPLES REPLACEMENT MOBILE HOM� THE OLD Old doublewide —1981 Skyline, 1000 sq. ft. Permit 97100520, C.OA 3/10/98. This mobile replaced the original mobile, a singlewide, permit 71 -494, a legal dwelling iu continuous use on the property since 1971 THE NEW Replacement Mobile - 2003 Prestige, 1835 sq. ft. Permit 2003010885, C.O.'D 4/7/01. Triplewide. Wind Zone II1. Western red cedar siding, dual pane windows throughout, upgraded insulation, floors & roof 16" O.C., new septic, etc. TWs shows the`81 doublewide being removed from property to make way for the new home. Feb. `03 Removal permit 2003010373 Above: The new replacement mobile, viewed from the south, north and east. SC13OCH RESIDENCE New in March, 2003 1839 sq.ft. home on 2 ac. 4 BR, 2 -1/2 BA, cedar log siding, dual pane windows, upgraded insulation, roof & floors 16" on center, 5/8" sheet - rock, etc. Manufactured home converted to REAL PROPERTY 8/03 LEFT- View from South Lee & Maureen 6167 Adkins Av Naples, FL Aug 2003 ABOVE -View from East LEFT - View from North May 5, 2003 Ms. Margaret Wuerstle Joseph K. Schmitt Planning Services Director Development Services Director 2800 North Horseshoe Drive 2800 North Horseshoe Drive Naples, FL. 34104 Naples, FL. 34104 RE: Keith and Sue Orschell's request for a formal interpretation on my building permit No. 2003010885, a replacement mobile home Dear Ms. Wuerstle: The May 1 st letter to you from Anthony P. Pires, Jr. (representing the Orschells) contains both inaccuracy and omissions. Inacovr�r. On p. 2, paragraph 3, Mr. Pires states: "The new, replacement mobile home is not only larger than the one it replaces, it is also located on a &fferent Portion of the subject property." Not true. The new replacement mobile is located Precisely where the old one was. Being a triplewide, it has a larger footprint, but it sits exactly where the old one used to be (1 68 ft. from the road), and conforms to all setback requirements, as did the old mobile. (See enclosed site plan and spot survey). Qrnission #1: Mr. Pires fails to mention that our home has already received its Certificate Of Occupany. (See enclosed C.O. dated April 7, 2003.) Omission #2: Mr. Pines acknowledges that the new mobile replaces one that was duly permitted in Oct., 1997 and C.O.'d in March, 1998, but he conveniently omits the fact that THAT mobile was ALSO a replacement mobile home. He fails to mention that there has been a fully legal, continuously occupied mobile home on this property for over 32 years — since 1971. The Ends When we purchased the property in 1997, there was already a singlewide mobile here; it already had a septic, well and 150 amp service, and in fact we moved in and lived in it for 7 months, until we were able to afford to replace it with a better one. The fiir4t mobile on this land was duly permitted on Jan. 10, 1971 by the original occupant, Ed Johnson, (Permit No. 71 -494), who on that date requested and received 150 amps of electric service for a singlewide mobile home. A copy of Ed Johnson's 1971 permit for that original mobile is enclosed, along with documents showing that we obtained all necessary permits, complied with everything the county requested and paid all county fees for removal of that original singlewide mobile and the setting of the doublewide replacement mobile in 1998. P. 1 of 2 6167 Adkins Ave. REPLACEMENT MOBILE HOME May 4, 2003 Also enclosed are documents showing that in 2003, we again obtained all necessary permits, complied with everything the county requested and paid all county fees for removal of the second mobile and the setting of its replacement, the new Wind Zone III triplewide in which we now live. We never took any pictures of the original singlewide mobile, but I have enclosed photos showing the second mobile home, both in 1998 while we were living in it as well as a picture taken last February on the day it was being removed. To complete the record, I also included photos of our new, log -sided manufactured home, so you can see and compare the "old" and the "new ". I don't know why the Orschells have mounted this vendetta against me and my new home. I've never met them or even knew they existed until yesterday when I received a copy of their letters to you requesting a "formal interpretation" of my building permit and complaining about my "nonconforming" home. Though it may be technically "nonconforming ", in reality my home conforms very well to the neighborhood, which is a mixture of mobiles and predominantly tiny, site -built homes, all on 1 to 5 -acre lots, on streets that are primarily unpaved. Far from being a detriment to the neighborhood, my new home is actually one of the nicest (and largest) homes in the immediate area. It's attractive, well- landscaped, and like the mobile it replaced, it sits 168 feet back from the road. Please keep me informed on this matter. After receiving my building permit from you, I demolished my existing home and spent my life's savings to purchase this new home. In the months that followed, I passed every inspection and paid every fee, received my C.O. and moved in. I cannot afford to be blindsided now by these neighbors from the next block. Thank you. Sincerely, Maureen Schoch 6167 Adkins Ave., Naples 34112 (239) 417 -0855 7a May 27, 2003 COLLIER COUNTY GOVERNWWIW assaaanitj -.t a®d lie I aR SurVICes DIVNIub,_ Planning Services Deparamemt • 2800 North Horseshoe Drive • Naples, Florida 34104 - CURRENT PLANNING Dear Property Owner: This is to advise you that you own property located within 300 feet of the property lines of the land for which the following described official interpretation is effective: Notice of Official Interpretation 9f Collier County Land DeveW went Code Ordinance Pursuant to Division 1.6 of the Collier County Land Development Code (I.DC), Ordinance 91 -102, as amended, public notice is hereby given of an official interpretation.. The interpretation is : W"-2003-AR-4119 Anthony P. Pines, of Woodward, Pines & Lombardo, P.A., representing Kefth and Sue Orschell, requesting a format dam coming the replacement or enlargement of a mobile home on property zwed "A" Agricultural. Property is located at 6167 Adkins Avenue. This formal interpretation requs an iretation of certain provisions of Division 1.8 of the LDC Ourticularly Sections 1.8.10 and 1.8.11) and Sccdm 2.2.2. Request for rendering of an official Corr of the Collier County Land Devek9mart Code (LDC) as it relates to "the npiacement-or enlarg of a mobile horse on pnVerty zoned "W 'Agricultural." Specifically, a determioabo® on whether building permit number 2003010585, for properly located at 6167 Adkins Avenue, Naples, Florida was issued in compliance with the perdna t regulations of the Collier County Land Development Code. The Collier County Land Development Code addresses nonconfortnities in Section 1 .-8. "WiWW thls— section a subsection exists, Section 1.8.11., which specifically addresses nonconforming mobile homes in the agricultural district only. Sec. 1.8.11. Improvements or addittons to nonconforming mobile homes. - Improvemmu or additions to noncor jornmg mobile hornet containing conforming uses, w the A- agriculture district onry shall be perristtted :j the addition or improvement complies jolly with the setback and other applicable regulations The section addresses nonconforming mobile homes that contain a conforming use and their replacement within the agriculture district. The improvement or addition must meet the setbacks of the district. This is a departure from the manner in which the LDC treats all other nonconforming structures. All other ar 7A nonconforming structmm addressed by the LDC carrot incaeaw or cnluW its nanoonf- rmity. The me allows a distinction for mobile homes in agriculture districts, only requiring that the setbacks for the agricultural district are meet. Also, the section qualifies the two of mobile homes applicable to this section, as ones that contain conforming uses. For the purpose of this section, a tonforming use is limited to that of a residence. This section does not provoke mobile homes used for other principal uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins -Avwue has.been_determined.by the LCa mmmni4 slit and EvvironmcenW- Sczv�ices D_ivisiQzAQ - meet both of these qualifying requirements of use and dimensional compliance. For a copy of the actual inteapmetad letter, please contact the Collier County Planning Services Department at 403-2400 by prone, or by mail at 2800 North Horseshm Drive, Naples, FL 34104, attention Cecilia Martin. Within 30 days of publication of this public notice, any affected property owner or aggrieved or adversely affected ley may appeal the', to the Board of Zoning Appeals - An affected Pm'Perty owner is defined as an owner of property located within 300 feet of the property lines of the land for which the . nicirprPtati, is effective. An aggrieved or adversely affected party is defined as any person rsson or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Dmdgpment, Code. A request for appeal must be filed m writing and must state the basis for the appeal and include any pertinent nation, eahibits, or other back -up inforn nation in support of the appeal. The appeal must be a000anpaaned by a $500.00 application and PI ocessing fee. (If payment is in the fiorm of a decdc, it should be made out to the Collier Cmmty Board of Commissioners.) An appeal can be hand did or mailed to my attention at the addross provided. Please do not hesitate to contact me by phosre at 403 -2461 should you have any fmrdw questions on this matter. e toia�on is kept on file and may be reviewed at the Developm eat Services Cent Wcated at-the-address listed above. Please contact the staff member noted below at 403 -2400 to set up an app if you wish to review the file, ly- uerstle, AICP Plannin 'ces DhVCtor Community Development and Environmental Services MW /cm A PA d-M 3 -AN L /35 APPr.TC.-VT'tON FOR DUILDING PF:RMIT 7 COLLIER COUNTY, FLC)1' IaA Permit Number 71 -4514 1-10 -71 Date Name of Owner. Ed Johnson Contractor Phone _ Job Address Architect Contractor Ralph P*_lectric Address Address Lot Block Unit Subdivision Sunset EstatRe m If no record plat, metes k bounds: W a a w, Permit to (Build- ter- Repair -Move) Electric Changeover v oSize x Height No. of Stories A copy of the approved plans and specifications shall be kept at the b n site during construction. , PLOT PLAN Zoning A_1 Building or Structure will face Use Increase Power to 150 Ampp feet from East line z feet from South line = feet from West line 0 'r feet from North line Floor Space Sq. Feet Utility Sq. Feet Septic Tank Gallons Drainfield Porch_ Sq. Feet Plumbing Stub Inches below Finish Floor Grade. Car Porte Sq. Feet Other Sq. Feet _ Total Sq. Feet Estimated Cost Building Permit $ Elec' ical Permit $ ?' Plc- -nbing Permit $ Septic Tank $ Total $ IW S Central Sewer Name Yes Central Water Name Yes Well Permit No. Septic Tank Gallons Drainfield Sq. Ft. Septic Tank No.- Plumbing Stub Inches below Finish Floor Grade. Sanitarian The above application has been examined and is hereby -ubject to the payment of $ 5,) by - as provided by the Collier County Building Code. Payment Received: "r` '`' `= 1'''tT Building Official mL<_ ..___.___ a ....,�L .......• ..��..�...i ...:a�.:.. F. ..,.... ♦l.o C...... A,#. ;—.-A Dam ;t ;A it i Ah —iii. DR-42 RP FL MW RP RP r7 PARCEL OR PROPERTY VENTIFICATION NUMBER TAG NUMBER DECLARATION OF MOPILE HOME AS REAL PROPERTY To the Appraiser and Collector of 0 6-o-HI U-A, _County, Florida: 1, the undersigned, request that the mobile home described below be assessed as real property. Said fflobft home, of which I am to registered owner, 7 previously licensed as a motor vehicle. SOME WIDE Ok" DOUBLE WIDE ❑ TRIPLE WIDE ❑ DESCRIPTION OF MOBLE HOPE: ' Does your mobile horne have an sunchrrient or*utgfty building? Yes ❑ No 0 Y' %1=AC2 &MAKII ;;;Ar�" inr--n 01 NAME OF MCOEL V r4WWVUf-r%&.P I 1UW-LV-" V 4._... T C. -rz —1. —.11-r- --\ / —.-. -I.- zz -w- \ / S-n7t- -,= I -m—r- n-\ A-F-m- --zT-s 4-j L-v—An-: i i � \ /' rnmrvnnm NEW () FAIR GOOD POOR ( ) REPOSSESSED The said mobile txwne was penman w* affiKed on Jamory 1 of Ow current yew, is now perawmwidy aff mad, mid It is my worom dw ft same remain pem=xv* affavd to dw fogawkV lands owned by me. An assessment farad vabrem twoban has been made on said kinds for the current 1w yew DESCRIPTION OF LAND Moble Home Assessed For Year(s) PC-1 oc ( r7 , in '-hereby make apomation for the issuance of an "RP' License PlydaAwgWrtity The above described mobile home as rekl-p�. Thestateffft'! Of W-WW and belief. DATE OF REAPPUCANT SIT PROPERTY APPRAISER TO COMPLETE THIS PORTION Owner has presenled Registration Cerilftsm at Sne of applicatkuL ( ) YES NO Owner has presented 13M of Sob at *W of 8WbsWft ( ) YES ( ) No I certily that on foregakV return was MW In the office of the property appraiser addressed, and that the above described rnob8e home ft km*xlod In an assessment farad valaran taxation of the property of the peirson d s r mobNe home. 7 L!7 di OM M Of C. d q Rgemen 0 0 LC Itoflec nATF I PROPERTY APPRALSER )ERMIT #: 97100518 ISSUED: 10 -09 -97 (ASTER #: LJ ; J: COLLIER COUNTY ARD OF COUNTY COMMISSIONERAL BO PERMIT 7A PERMIT TYPE: DEMO VALID #: 642 BY: FROLOFF_E APPLIED DATE: 10 -09 -97 APPROVAL DATE: 10 -09 -97 COA #: N/A rOB ADDRESS: 6167 ADKINS AVE FOB DESCRIPTION: DEMOLISH EXISTING MOBILE HOME JOB PHONE: (941)417 -0855 ;UBDIVISION #: 100 - Acreage BLOCK: 076 LOT:.000 'LOOD MAP: 0605 ZONE: X ELEVATION: 'OLIO #: 0000000421840001 TOWNSHIP- RANGE- SECTION: 50 26 16 )WNER INFORMATION: CONTRACTOR INFORMATION: ;CHOCH, MAUREEN ;167 ADKINS AVE C 4APLES, FLB003 341120000 CERTIFICATE #: PHONE: 'CC CODE: 998 - EXPRESS /RESIDENTIAL OTHER :ONSTRUCTION CODE: 10 / OTHER JOB VALUE: $ 200.00 TOTAL SQFT: SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: SEPTIC N WATER: WELL N 'ONTACT NAME: OWNER /BUILDER :ONTACT PHONE: (941)417 -0855 Per Collier County Ordinance No. 96 -83. as amended, all work under the approved building permit shall comply with all applicable laws, codes, ordinances and additional stipulations and /or Conditions of Permit. The approved permit expires if work authorized is not commenced within six (6) months from date of issue as evidenced by the successful completion of the foundation inspections as stated in Ordinance No. 96 -83 104.6.1.b as amended. Fee Resolution No. 96 -594 provides for additional fees for failing to obtain permits prior to commencing construction. The permittee further understands that only licensed contractors may be employed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued. k 90TICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that nay be found in the public records of this county, and there may be additional permits required from other governmental antities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. BOARD OF COUNTY COMMISSIONERS 7A PERMIT ERMIT #: 97100520 PERMIT TYPE: BRMH SSUED: 10 -28 -97 BY: GARRETT_S VALID #: 807 APPLIED DATE: 20 -09 -97 APPROVAL DATE: 10 -27 -97 9STER #• COA #: N/A )B ADDRESS: 6167 ADKINS AVE )B DESCRIPTION: REPLACEMENT MOBILE HOME TIEDOWN JOB PHONE: (941)417 -0855 JBDIVISION #: 100 -Acreage BLOCK: 076 FOOD MAP: 0605 ZONE: X ELEVATION: LOT:.000 )LIO #: 0000000421840001 TOWNSHIP - RANGE- SECTION: 50 26 16 INER INFORMATION: CONTRACTOR INFORMATION: 'HOCH, MAUREEN 67 ADKINS AVE ` PLES, FLB003 341120000 CERTIFICATE #: PHONE: CODE: 900 - MOBILE HOMES NSTRUCTION CODE: 10 / OTHER 3 VALUE: $ 1,000.00 TOTAL SQFT: 1,008 PBACKS FRONT: 50.00 REAR: 50.00 LEFT: 30.00 RIGHT: 30.00 VER: SEPTIC SEPTIC Y WATER: WELL WELL Y 4TACT NAME: OWNER /BUILDER 4TACT PHONE: (941)417 -0855 r Collier County Ordinance No. 96 -83. as amended, all work under the approved building permit shall comply th all applicable laws, codes, ordinances and additional stipulations and /or Conditions of Permit. The proved permit expires if work authorized is not commenced within six (6) months from date of issue as idenced by the successful completion of the foundation inspections as stated in Ordinance No. 96 -83 4.6.1.b as amended. Fee Resolution No. 96 -594 provides for additional fees for failing to obtain permits for to commencing construction. The permittee further understands that only licensed contractors may be ployed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued. CE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that be found in the public records of this county, and there may be additional permits required from other governmental ties such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A _ NOTICE OF COMMENCEMENT MAY RESULT IN YOUR %YING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY, IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2025 COLLIER COUNTY j� BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF OCCUPANCY This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 97100520 CO TYPE: FINAL ADDRESS: 6167 CO NBR: 110554 STATUS: ISSUED ISSUED DATE: March 10, 1998 ADKINS SUBDIVISION: 100 Acreage LOT: .000 BLOCK: 076 SLUC CODE: 2 UTILITY COMPANY_: JOB DESC: REPLACEMENT MOBILE HOME TIEDOWN OWNER: SCHOCH, MAUREEN 6167 ADKINS AVE NAPLES FLB003 341120000 LEGAL DESCRIPTION 16 50 26 W1 /2 OF W1 /2 OF SE1 /4 OF SE1 /4 OF NW1 /4 LESS N 30FT AVE T.R.S.: 50 26 16 Note: A new certificate is required is the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. Collier County Board of County Commissioners Printed on: 3/10/98 2:37:04PM rn -plus for Windows 95 /NT Paae 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS F7 PERMIT RMIT #: 2003010373 PERMIT TYPE: DEMO VALID #: 373 SUED: 01-07 -03 BY: MCCAULEYKATY APPLIED DATE: 01 -07 -03 APPROVAL DATE: 01 -07 -03 STER #: COA #: B ADDRESS: 6167 ADKINS AVE B DESCRIPTION: COMPLETE REMOVAL OF EXISTING MH JOB PHONE: BDIVISION #: 100 - Acreage BLOCK: 076 LOT: .000 DOD MAP: 0605 ZONE: X ELEVATION: LIO #: 0000000421840001 SECTION - TOWNSHIP -RANGE 16 50 26 IER INFORMATION: CONTRACTOR INFORMATION: HOCH, MAUREEN 67 ADKINS AVE PLES, FLC053 341122949 CERTIFICATE #: PHONE: CODE: 998 - EXPRESS /RESIDENTIAL OTHER iSTRUCTION CODE: 10 / OTHER 3 VALUE: 100.00 TOTAL SQFT: PBACKS FRONT: REAR: LEFT: RIGHT: VER: SEPTIC N WATER: WELL N 4TACT NAME: MAUREEN 4TACT PHONE: (941)417 -0855 x Collier County Ordinance No. 2002 -01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional ipulations or conditions of this permit This permit expires if work authorized by the permit is not commenced within six (6) months from the date of nuance of the permit Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further iderstands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of ccupancy is issued. )TICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL (D STATE LAWS REQUIRE THE PERMITTEE (EITHER TIRE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF 1 INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE FORMATION, CONTACT DEP AT (239) 332 -6975. addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in public records of this county, and there may be additional permits required from other governmental entities such as water nagement districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF 3MMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO 'OUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. COLLIER COUNTY � R BOARD OF COUNTY COMMISSIONERS ?ERMIT #: 98040132 PERMIT TYPE: DEMO VALID #: 768 ISSUED: 04 -02 -98 BY: GARRETT_S APPLIED DATE: 04 -02 -98 APPROVAL DATE: 04 -02 -98 MASTER #: COA #: JOB ADDRESS: 6167 ADKINS AVE JOB DESCRIPTION: DEMO EXIST MOBILE HOM /REAPP' #97100518 JOB PHONE: SUBDIVISION #: 100 -Acreage BLOCK: 076 LOT•.000 'LOOD MAP: 0605 ZONE: X ELEVATION: 'OLIO #: 0000000421840001 TOWNSHIP - RANGE- SECTION: 50 26 16 )WNER INFORMATION: CONTRACTOR INFORMATION: :CHOCH, MAUREEN _ 1167 ADKINS AVE 1APLES, FLC053 341122949 CERTIFICATE #: PHONE: 'CC CODE: 998 - EXPRESS /RESIDENTIAL OTHER ONSTRUCTION CODE: 10 / OTHER OB VALUE: $ 200.00 TOTAL SQFT: ETBACKS FRONT: REAR: LEFT: RIGHT: EWER: SEPTIC N WATER: WELL N ONTACT NAME: MAUREEN ONTACT PHONE: (941)417 -0855 Per Collier County Ordinance No. 96 -83. as amended, all work under the approved building permit shall comply with all applicable laws, codes, ordinances and additional stipulations and /or Conditions of Permit. The approved permit expires if work authorized is not commenced within six (6) months from date of issue as evidenced by the successful completion of the foundation inspections as stated in Ordinance No. 96 -83 104.6.1.b as amended. Fee Resolution No. 96 -594 provides for additional fees for failing to obtain permits prior to commencing construction. The permittee further understands that only licensed contractors may be employed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued. )TICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that Ly be found in the public records of this county, and there may be additional permits required from other governmental itities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR SAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. INSPECTION JOB CARD • COLLIER COUNTY, FLORIDA FOR INSPECTIONS PHONE 643 -9757 7 A MASTER NBR ISSUED 1/7%2003 IT NBR" 2003010373 FB DESC.: COMPLETE REMOVAL OF EXISTING MH OB LOCATION: 6167 ADKINS AVE UBDIVISION: 100 Acreaae ONTACT NAME: MAUREEN .B.A. ETBACKS FRONT: REAR: SPECIAL: EQ DESCRIPTION 15 FINAL BUILDING 101 r Q LOT .000 BLOCK 076 CONTACT PHONE: (941)417 -0855 LEFT: DESCRIPTION RIGHT: FLOOD ZONE: X NOISE ORDINANCE 90 -17 - NOISE LIMITATIONS are in effect at all times. Work permitted: RESIDENTIAL Areas - 6:30AM to 7:00PM Monday thru Se curday NON - RESIDENTIAL Area. (mare than 500 feet from l:esidentai_' Area) 6: OOAM to 6: OOPM Monday thru Saturday. No Work on ,Sundays d°t No ltdays. NARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND "O OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. FS 713.135 CDPR2 022 COLLIER COUNTY BOARD OF t:OUNTY COMMISSIONERS 4 DA 00V3 �V �13s1 PERMIT :�1-37A PldiT #• 2003010885 PERMIT TYPE: BR`4H VALID #: 885 ISSUED: 02 -11 -03 BY: MCCAULEYKATY APPLIED DATE: 01 -14 -03 APPROVAL DATE: 02 -05 -03 MASTER #: 2003010885 COA #: JOB ADDRESS: 6167 ADKINS AVE JOB ?HONE: (239)417 -0855 JOB DESCRIPTION: MOBILE HOME REPLACEMENT /150A SUBDIVISION #: 100 — acreave BLOCK: 076 LOT: .000 FLOOD MAP: 0605 ZONE: X ELEVATION: FOLIO #: 0000000421840001 SECTION— TORNSHIP —RANGE OWNER INFORMATION: CONTRACTOR INFORMATION: SCHOCH, MAUREEN TRANSIT MOBILE HOME MOVING 6167 ADKINS AVE P.O. BOX 3896 NAPLES, FL 341122949 N. IFT. MYERS, FL 33918 — CERTIFICATE #: 17243 PHONE: (941) 850 -6880 FCC CODE: 900 — MOBILE HOMES CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 62,000.00 TOTAL SQFT: 1,835 SETBACKS FRONT: 50.00 REAR: 50.00 LEFT: 30.00 RIGHT: 30.00 SEWER: SEPTIC SEPTIC Y WA'rER: WELL WELL N CONTACT NAME: MAUREEN CONTACT PHONE: (239) 417 -0855 Per Collier County Ordinance No. 2002 -01, as it may be amended, all wort: must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if -.rork authorized by the permit is not commenced within sac (6) months from the date of issuance ofthe permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the stricture must not be used or occupied until a Certificate Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE O THE INTENDED WORK TO THE STATE DEPAR'T'MENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332 -6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IIJ YOUR PAYING TWICE FOR IMPROVEMENTS T( YOUR PROPERTY. IF YOU INTENT) TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. (77- A) COLLIER COUNTY HEALTH DEPARTMENT PERMIT Permit No:%d To: Sr �rY SEPTIC SYSTEM PERMn'S ARE VALID FOR 18 MONTHS For Inspection Phone 403 -2456 or 643 -9757 (3 digit #805) Address of Installation: 1AA 1 - SEPTIC SYSTEM Septic Tank _ Gals 5' Shoulders V Mounded System Stabilized Drainfieid LIVT_ -Sq. Ft. WARNING << Septic Tank Outlet Invert Le _Inches __-c above reference point. Soil Analysis Engineer's Certification of oils Removal Required: ✓� 1 Sodded Slopes Required: ✓- Engineer's Certification of Installation Gutters Required: Date Issued: I - 2 q-M Other: INSPECTIONS Construction inspection Passed: F-3 Yes E2, No (If Yes, system may be covered) Inspection By: Date: Final Cover Inspection Passed: Inspection By: Date: C_ =? Yes t NO THIS CARD MUST BE DISPLAYED AT INSTALLATION SITE S89033'00*E 164.71' ? bo rn Ar vr 00 pp z rn 0 C: z CD 0 ir a ;u 30 T) pr O Z o (A OTL 0 a rn r, rn 0 W 0S :;9 C: 0> 52 m 0� ?i 0 Lw Z O 52 m Commencement give notice in Section 713.13 Florida Statutes that its, described as s_e: _ ynog #cZ 0krj j ii be commenced within 30 days after recording of this notice pon the real property situated at the following iddress: 4 4 /q p )_-;" r A V 4t - )ermit # Z6-0-2-0 10 ICE - .egal description for said property being as follows: =olio # O O K Z l� �l OGO_L * ** 3126788 OR: 3216 PG: 2200 * ** t1GDi n is Silleng neon$ of Calm CO1iN!'T, It, 7 02/11/20/3 at 09:10M 011G8'i' I. Bf10C1, CUK Be M 6.60 COW 1.00 vise 1.00 MU-. TUNI? =in son i9OVING P O 1113116 M " oils 11 33918 SPACE ABOVE FOR: RECORDING DATA Dwned by% /f V rLa Q s✓ SCLL o r�„T ....�. 3wner's Address: G r G 7 d lct ti• r tiJ ` �� 3 �� L�= - -- name and Address of fee simple title holder (if other than owner): The firm making said improvements under direct c.ontract(s) is: Contractors name: H_ /Voth # #J [*-4. Contractor s address: P o d o ,. IP-7 re„_y , T r —rte The name and address of the Surety on the paymant bond(s), if any, as provided under Section 713.23 Florida Statutes W. and the amount of such bond is: S The name and address of the lender is: Copy of Notice to Owner and other documents. as provided in Section 713.13(1)(3)7 and Section 713.130)(b) Florida Statutes is also to be sent to: as designated by Owner. Expiration date df Notice of Commencement: (1 year from date of recording unless specified differently) — 2 -7ii—nitute of owner 114 1461 -_ ) printed name of owner at address State of Florida. County of Sworn to and sub d before me this , day ofd, Z_ _ ° as identladation." who is p onally known t me or has produced ell B. Weiland P�e� -y Hu.._�..aW# CC Ji6W "4 � =2004 FMjm - State of Florida ±EO fl },•- tx ��a Signature Public Co. Inc. •.• :Man :nred. Typed, or Stamped Name of Notary (seat) g;cg LEGEND FJR. ow RAW- nF -WAY) F.CAL ■ Fwi COIIOF m "MammT FPJL ADKINS AVENUE' � _ _ ! I FJU! AtB9'39roD'V. ASFir 7' K o,a w . I Of E UGDISED 8Y5/E'S6 P.K. PAAOR KUM AX ■1 F-M N O�Oi E LR) AIS701D i E ft B BI,F' 5 SKETCH OF SURVEY LEGEND FJR. ■ FOUM 5/0' " ROD F.CAL ■ Fwi COIIOF m "MammT FPJL D POI- PJL NN. F.T. FOUb TAC M& Raw Um swr&lOR PA PONS OF vn R9iiC1 L8. UGDISED 8Y5/E'S6 P.K. PAAOR KUM AX A06-COMOMW LR) AIS701D ft mFlaarE fl.Y. Im 1/4 coom somm es Im Now rwrim - aF -var LBE (w Rwr-p- van POLL Y AVENUE lT6 VEST l/E Lr l %T V8 r 19FE SOLt:FLEASi V4 � w SlsIFFBAST Vt �' 1VE A�tiMiESi V4 SESi/OF K. lOLIlA7Fp !F MM AWMr 26 rASi. CQ.CEA CWJTY. FLaUK LESS rw NORM w FEET. er�rBS: 13 "UM BEAN A�SSUIED KARNG OF S29'29'1M PQ.LT 2) THIS PROPERTT IS SULECT TO EASENDLTS• RESERVATIWS No RESTRD:TIDRS ff RECORD. t I t t �W v � w �Ig u � , �IJJ I� L I t I i Pl . / ■ M F BAV� •■ONES. P.L.S. CERTMATE MUFDER 4320 BATE 13F SURVET. MXWST 21. 2002 ADDED WELL; DECEMBER 23. aW MDR VALID ►/1TFltDtT THE SIQNTURE AND T►E OR<GR10L RAND SEAL. IF A n wmm L]CEIhED SURVETIR AND MAPPER 'MAUREEN SCHOCH BOUNDARY SURVEY .a ... °� . - I �0 11,11L. m EVYKM .1 MEW TRrK.fWDE MOBLEHOME 6'w IV Alto F7 4 l6% ADO /US ter, 2,evZ PLOT PLAN - MauwmSchoch 6167 Adkko Ave" Nq**, FL 3411 Lot 76 Set 16, TOVWNKP WS, Range 25 E 2 IJ2 ACRES PlOt ;PhL-A bv� mob 1 L/ "Lear- 9f 7)t 6 q Fi 1-?Ike FAW & X6174 -- -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INSPECTION HISTORY HISTORY PRINT 41T NBR: 2003010885 JOB DESC:MOHILB ROME /150A STATUS:INSPECT LOCATION: 6167 ADKINS AVE 3IVISION 100 / acreage BLOCK:076 LOT: .000 PER NBR: 2003010885 TRS: UNIT: TRACT: TAZ: 0 ER: WELL SEWER: SEPTIC COA: FLOOD ZONE: X Ut NAME: SCHOCH, MAUREEN JOB PHONE: (239)417 -0855 P NBR: 17243 DBA: TRANSIT MOBILE HOME MOVING JOB VALUE:,.- PACT NAME:MAUREEN CONTACT PHONE:(239)417 -0855 3ACKS RONT: 50.00 REAR: 50.00 LEFT: PECIAL:O.K. FOR REPLACEMENT PER MPB )RTANT DATES: ? PLCCATION APPROVAL ISSUED CO '14/2003 2/5/2003 2/11/2003 ACTIONS: Z INFO: MOBILE HOME REPLACEMENT 30.00 RIGHT: 30.00 EXTENDED EXPIRATION CANCEL EXPIRATION 8/10/2003 T NBR SUB STATUS START DATE END DATE STATUS SUB CLASS DBA 121 ACTIVE 2/5/2003 ACTIVE EL ELLSWORTH HEATING & COOLING, !43 ACTIVE 2/5/2003 ACTIVE PB TRANSIT MOBILE HOME MOVING 147 ACTIVE 2/5/2003 ACTIVE SP K. GODDARD CONSTRUCTION, INC. 117 ACTIVE 2/5/2003 ACTIVE ME WHALEY'S AIR CONDITIONING INC PSRd(TTB POSTED REGIONAL /COMMUNITY PARK IMPACT N 179.00 1/27/2003 MIT NBR STATUS TYPE CERT NBR DBA N 24.00 JOB DESC 3010885 INSPECT BRMH 17243 TRANSIT MOBILE HOME MOILMOBILE HOME REPLACEMENT /150A s CODE STATUS DESCRIPTION WAIVE AMOUNT DUE ENTER DATE di1PP POSTED BLDG. PERMIT APPLICATION FEE N 100.00 1/14/2003 ?SSA POSTED SEPTIC APPLICATION FEE N 140.00 1/14/2003 PNP POSTED COMMUNITY /REGIONAL PARKS IMPAC N 179.00 1/27/2003 3PK POSTED REGIONAL /COMMUNITY PARK IMPACT N 179.00 1/27/2003 IBR POSTED LIBRARY IMPACT FEE— UNINC. N 24.00 1/27/2003 RR2 POSTED DIST 2 ROAD IMPACT FEE — SINGLE N 1,157.00 1/27/20(33 .4si POSTED EMS IMPACT FEES UNINC. N 11.00 1/27/2003 PNP POSTED BLDG PERMITS — NAPLES N 238.00 2/5/2003 ]ST POSTED HEALTH DEPT. SEPTIC TANK N 280.00 2/5/2003 ?SG POSTED MICROFILM SURCHARGE N 3.00 2/5/2003 ICR POSTED BLDG. PERMIT APP. FEE CREDIT N — 100.00 kSA POSTED SEPTIC APPLICATION FEE N — 140.00 2/5/2003 )RE PMiDING HEALTH DEPT SEPTIC —TANK REINSP N 45.00 3/28/2003 $Ri MAU Lums r umftm �__ -- �� 2/11/2003 DAY S 0 2/11/2003 90 ST NOTICE OF COMMENCM4ENT OR 3216 PG 2200 /ND 0 3/19/2003 - 90 3/19/2003 lowerY ST TIE DOWN 8:42 AM 3/18/03 INSPECTION PER MAjTRBEN ( MER /CRS 3/19/2003 lowerY SET UP ALL 9/2003 90 ST FINAL BUILDING Premanufactured home SS 10 DAY SPOT SURVEY 0 PLBG /VERIFY METER# WITH UNIT# 0 3/19/2003 90 3/19/2003 nargi PB FINAL 0 3/19/2003 90 3/19/2003 nargi ME FINAL MECHANICAL A/C p 3/19/2003 90 3/19/2003 megger EL FINAL ELECTRICAL 0 3/19/2003 90 3/19/2003 MCFEE_9 RW SITE DRAINAGE 0 3/19/2003 90 3/19/2003 MCFEE-Ji LS LANDSCAPING 3/24/2003 FORMARMICHAEL 0 3/11/2003 91 SIP SEPTIC - IN PROGRESS IN PROGRESS PASSED, 813 INSPECTION REQUIRED /DMD 90 3/19/2003 MCFEE_H 0 3/19/2003 LS EXOTIC VEG REMOVAL 0 3/28/2003 91 3/28/2003 QUINNVIVIAN SP FINAL SEPTIC PASSED -- 813 RE ' FEES D $45.00 / RS PASSED cbFR2025 COLLIER COUNTY V A momm OF CC11J1dw COMMISSIONERS CERTIFICATE OF OCCUPANCY This Certificate its issued persuant to the requirments of the Standard wilding Code certifying that at the time of issuance this structure was in compliance with the various arturiances of the county xvguy.ati.ng tPaildinq c9ftetruation or uve. For the following: PSRPJIT NBR: 2003010$e3 CO MDR: :226222 STATUS: IMID CO TYKE: FINAL issumL DATE: April 07, 2003 ADDRESS: 6267 ADKINS AV8 3U ► BIOLv': 100 acreace LOTS .000 BLOCK: 076 T.R.S.: 6432- CORE: 2 UTILITY CCXPANY: JOB DESC i MORr &E HOME REPLACSM$t+TT/ 150A MMSER OF b=ZRS : gwm: . SCHOCH. MAUREEN 6167 ADRIHS AVE NAPL HS FL 341122949 LZOAL DESCIU ION 46 50 26 W112 OF W1 /2 OLD SE1 /4 OF SE114 Of 'W1/4 ME', N 30FT Note: A new certificate in required if the use of the building or premLoes is alumged, or if alterations are made to the building or property described. A new certificate voids arty certificate cE prior date. s 31lier County Hoard of County Cosmltissi.onors Printed at1: 4/7/2003 9:2701AM -Plus for Windows 95 /NT page 1 of 1 U, T CERTiNCATE OF -FITLF I-NIXORRU-ASTRAT!. %A 9:47 HDATE ELPIh=S ;74kTqs NEIU�,ME PzS!F' ;-:NT C, I zTjE rl-Al E! .%!7ER CR P-CjRlo`l r L–L So f YIE LE M�N -� i 1rEb1CLE.:VESS=- ,' 17. iDENTIMATIC�4 _j /02CA P P CL# CR FE TA 9/0 VESSELT"P-- 7- EE CRP 167 AT kPLES, FL 34112 aferenoe: VIN # TITLE # H-10RU, T4 TA Fly C N 1-, 5;,!-, iW;'. 7 N18956C -- 87302377 200243958 - r-- , FEE iN-i- REG Al- 3 TA:1. G:-!P,*g TOITAi it z ,ar Sir or maaam: ie transaction !you have roque a ed (C,-A-NCEL TITLE) has been completed. 1� referenced`" �Zti. 46 AND SEXANQ 0 the ab�q6 referenced" jile home has be'611-1 retiredlin accordanc with section 319.2fU Florida EWa ADDKE�. \; i It', -I I, S you have any questions, you may contact the agency listed beli ow: SEL'-ER NFORILAAMON J TY 71v Contact: � 111HEK �RU, iOUS OW-4ER-1- - - COLLIER COUNTY TAX NAPLES, FL --f 7 74- TAX AfN;D 0SF RFPORT 13 EXEMPT PURCHASER HOLDS VALID FLORIDA SALES OR E- =-,kAF`TiON CERTIFICA`TiP USE TAX FOR THE ,EASUV.S; C:ECoED V',-:H0.E-AiESSEL WILL BE USE 0 L US I V E LY FOR f E 1, 1 TA L LEqTOR-S OFFICE tT-,-',,BL.DG C -1 341112 LERCIRSALEST EXR,IF7 GUS 11NDIC`,TE. I'OTAI- PURCH-ViC MR-1 !N(11 L)Nt:1JD B1,L;%6;,'CE CUE -SFL;-F.R, BANK' 011i FiEf,", OTHEM SE'i.NG PRICE VERWIED APPLIU NT CERTIFIGIMON 0E TI'iLED-,,'A1-1- 1'jU F 7, A I U C , --7,; -I'l E -1U L] 1 CERTIFY7 L-I.ATTI-Ii.- C)IFTITLE IS LOST CIR DE5TROM-1. ❑- 1'.. F I CERTIFY 7Fir�F-FliS tvl')101� VFi il--LEA ESSEL *WAS REP0SSESSED UPON DE�--ALKT 0,1 HE 1-10,4 1.,\'STRIJiMENFAND F� XGW IN M, PIOSSES�-Ir)�,- IME HEREBY CERI it- - FF,`-T 11WE !/WFULI.2Y OWN THE ASCAIE DESCRIBED AM:� MAItE;-APPLIi-,IJIDN 117 LF. !F LIEN IS B,=ING RE r E.j, NOTICE IS HEREBY GIVEENI IS P-N F."JSTING WRIT EN LF-Pl A.BCOVP A'2,fD �1� 7" L' I z - 'NT!' -1 - AGf UENPO'LDER E'i,3Pj�'AB� IVE. �AOV; F! i,?; AGR�-E TO DEFEND "I -iE TITLE VINS I'AU CLI- IM— MDEF-, PE h5 A OF FE R j LJ R)f, i !., i� c, !,4R Ii rHAT I HAVE REA D 1 HE 'C, R P-GO i: :, P, r' U OF WTA N' I:, T� !A < T,1 I E- F., " �.,TS STAT i H P, I P I,; i167 iAPLES,',FL 34112 .eferen6e: VIN # -- N18956B TITLE # -- 87302337 Correaondence• 200243962- -R-ENTW4CLE E V�)S REG, FEE Wil �il-�,-. F1 Ef" NU;-leif ►ear it or madam: be �'TE PFZEV� - ransaction iyou nave 'M126EN iNF0RNWWNtitwL,-! retired in 'T 7 _7 A" F USED r ues d (CANCEL TITLE) has been completed. the ab [im"68twi"Ye home has bele ordan!j.�W. el ith section 319.261. Florida St f you have any questions, you may contact the agency listed below: SELLER iNFORMATHOIN DFZ` S;: CI T" SALES TAX AND U5 -,-:;.NSF ER (1 IS EXENIPT FR',�;tvl FLORIDA SALES OR USE TAX FOR OR THE R E-A S ON Contact: goLULLE ,OUNTY TAX CCOLLE TA?41AMI- -TMf NAPLES, FL 341 2 -E REPORT PURCHASER HOLDS V A L T I EXEMPTION CERTIFICFE '-J EXCLUSIVELY FOR REIIII.AL 'S OFFICE G C-1 IS 71. 1-3� -A� !13"_!-) �T� T -E-UNG PR-'1�V74,!FED AIPIPLICAN'T T B,-- L-1 FlFREl3YCC-,.TP-, -i i.:%-.-THI: VI-H!(-LD`VESSF!- TO GE I'll VQA- N0 -: Jr. Ei-mv!�--AXE OF T!? LE IS LOST OR r,--,TRO'(� D. U - -: I , I H;', ,I( I17OR % ;:l-llCLCA1ES5EL`vVA5 REPOSSESi;i:C, ,j,-,r i,4 r) IS !,-.'YAi F0 1 7-1 - M,; THE ABOVE-- L,�-SCRIEED V' HK-1-E!, P - P:ZJ !S /01 X1 TIN ;F: dLN INS 1 j-UP. zR ,GREE ,,- T O DE F TI-D E:i-0 `.,H= 11I1.E U REW, T , - i�� .! "." � ; �,c ; A STATE Oi? rLORID 7 i i "t FK-,NTU'WTjTLr J.1r %.JR60015012 7794 EXPIRES TRMZ RabIDEN E C 1, iiS�JED SE. "AY YEA!i --E] W, CAI' )EAR CGZE F- — -- F----� VIE P i C LE kT EL I D E�M, F MM '0 VAKE L!'=�, h 19/0 E, %IESS�l —;�RE - I VESSELUSE , Ep. --f- fF i167 iAPLES,',FL 34112 .eferen6e: VIN # -- N18956B TITLE # -- 87302337 Correaondence• 200243962- -R-ENTW4CLE E V�)S REG, FEE Wil �il-�,-. F1 Ef" NU;-leif ►ear it or madam: be �'TE PFZEV� - ransaction iyou nave 'M126EN iNF0RNWWNtitwL,-! retired in 'T 7 _7 A" F USED r ues d (CANCEL TITLE) has been completed. the ab [im"68twi"Ye home has bele ordan!j.�W. el ith section 319.261. Florida St f you have any questions, you may contact the agency listed below: SELLER iNFORMATHOIN DFZ` S;: CI T" SALES TAX AND U5 -,-:;.NSF ER (1 IS EXENIPT FR',�;tvl FLORIDA SALES OR USE TAX FOR OR THE R E-A S ON Contact: goLULLE ,OUNTY TAX CCOLLE TA?41AMI- -TMf NAPLES, FL 341 2 -E REPORT PURCHASER HOLDS V A L T I EXEMPTION CERTIFICFE '-J EXCLUSIVELY FOR REIIII.AL 'S OFFICE G C-1 IS 71. 1-3� -A� !13"_!-) �T� T -E-UNG PR-'1�V74,!FED AIPIPLICAN'T T B,-- L-1 FlFREl3YCC-,.TP-, -i i.:%-.-THI: VI-H!(-LD`VESSF!- TO GE I'll VQA- N0 -: Jr. Ei-mv!�--AXE OF T!? LE IS LOST OR r,--,TRO'(� D. U - -: I , I H;', ,I( I17OR % ;:l-llCLCA1ES5EL`vVA5 REPOSSESi;i:C, ,j,-,r i,4 r) IS !,-.'YAi F0 1 7-1 - M,; THE ABOVE-- L,�-SCRIEED V' HK-1-E!, P - P:ZJ !S /01 X1 TIN ;F: dLN INS 1 j-UP. zR ,GREE ,,- T O DE F TI-D E:i-0 `.,H= 11I1.E U REW, T , - i�� .! "." � ; �,c ; - ST".: - G' iXV L IMWW'L 6XF,RES "!RAYS... W-11��.,Icl- R--- RESV=NT QW1, E 7E -F 1�1_-,-Z, R". �Ay G YEm 7- T I J Lj L—L VEHICLE iVEaSEL OEWFICAMN` R. f."VT MAKE 2 t iY E C'-,As_ Pr�C%LTON VESS-Ei uz-- VE S S E L T Y ?7 INIA f /0 4 eV049" =U;:L OR FE.I.rj, —f- --- E CRAI ZOOM,, 67 ADXII;S AVE PLES, - FL 34112 ference: VIN # N18956A TITLE # 87302301 200243984 j q i 1.i4::. REG FEE IM7 REG. A- -,,or Madam: .,;AT E 14 T 9 transaction lyou have r4qu""e';',s4edL"")(0ANCRL TITLE) has been completed_ DAIE�f UE- FM#0�'ill,4A�ANDSEX &-C - --` -V1.1 1 -)0;" �E 4 c "1 6 13 j:lff.NlNF0R�*fKjpNt-t 9 for the ab�ve remeren igi4 mobile home has b� 01 reti. �in accordancI4 with section 319-261. Florida you have any quopt3.mnP3 ,mu v may contact the agency listed below: Cl T, "AlL 7sp Contact: SELLER NFORMATIOX�! -,vy, 6F�F.I-F.l` T77771- FALEE,, 0I :ER f4f�EV;(Dus ov.��1JI-VrMN I M iaft COLLIER COUNTY TAX COLLEC'TOR'S OFFICE E TAMIAMf TRAIL7.-,BLDG C-1 NAPLES, FL 34112 4i) 774 �A :X-V Fp U( IrP 4S' SALES TAX AND USE RF�101lZT TRAfl:S;-'Ef-Z OF TITL�-' IS EX E P ;P T FR G vl !-1ARG-HASER HOLOS VALID FLORIDA SALES OP EX .,IPTiON CERTIFICATE USE TA;K FOR HE REACON(S? Cl-.> EGKED VEHICLEiVESSE! :ILL BE '-'3ED L-I ExcLLJ.S!VEU-�' Fc-;17 RENT \L ,7" ,,)«i R,' L ilEiS- I!;:)! R U D'i 1 11 111' I'Vi D'- I f ,.F�-LNIG PRICE VERIFIED t�PPLICAM - C F- R T I F C-N !,VT HEREM ffrh -T F THIS STATE I C E V�HICL E.PVESSEL UP0,N' L)F,-kI-T-f 0 -, ill" 0 , V6 rll� I°, llrt IS V ViVE HEREBY GEF-cT;F7'.-FH,,l.T !Pvl,E THE ABOVE OESCRIBED VE SEC? 0VE�-SPL, A,,1D MAK ".4PPLICATIC"N FOR Tj `LIE. !F Lip is IS 1.11NG 1, f, -. NOTICE IS HEREBY Gl\tEN' -V,; THEFE :S AN EXISTING VVIRITTEN, LIEN .111r, I.IE' '. /F, i:CLE:�,�-SSEL D�Sl,;:L"J�',EI) LIENHOLDER. S!-iOWN ABOVE, f1j'VE FUR f c-,ER AGREE TO DEFEND THE TITLE AGAINC'f ALL "'U�-AR,-7-!A7i HAVE REATD T!": FCIREG-.`NG OF .PM F"" COLLIER COUNTY FLI REQUEST FOR LEGAL To: Clerk to the Board: G OF PUBLIC HEARINGS the following as a: XXX Normal Legal Adverti ent O Other: (Display Adv., location, etc.) Originating Dept/ Div: Co ev ry ./Planning Person: Fred Reischl Date: $ ,ag_ bw Petition No. (If none, give brief description): CU2002 -AR -2354, Faith Community Church Petitioner: (Name & Address):Pastor Roy Shuck of Faith Community Church of the Nazarene, Inc., 6455 22nd Ave. NW, Naples, Fl. 34119 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before 17 BCC 0 BZA 0 Other Requested Hearing date: CO hearing. `2-1 Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other Based on advertisement appearing 15 days before 0 Legally Required Proposed Text: (Include legal description & common location & Size: CU- 2002 -AR -2354, William Hoover, AICP, of Hoover Planning & Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Use 3 & 4 of "E" Estates to add a Child Care and Pre - School to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 & 16, Golden Gate Estates Unit 97. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 /lTkviewed by: Approved by: �aA Division H Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to 0 Requesting Division O Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: `. Date Received: Y-3Q - n 3 Date of Public hearing: 0 3 Date Advertised: �� 3 (03 tt-36 -03 R 441 q- a.3 -0 3 SU,,, . 9 -7- 03 78 RESOLUTION NO. 03- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "3" AND "4" FOR CHILD CARE AND PRE - SCHOOL USES IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "3" and "4" of Section 2.2.3.3 of the Land Development Code in an "E" Estates Zone for Child Care and Pre - School Uses on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by William Hoover of Hoover Planning and Developement, Incorporated, representing with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "3" and "4" of Section 2.2.3.3 of the Land Development Code of the "E" Estates Zoning District for Child Care and Pre - School Uses in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 1 IK`w. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this day of , 2003. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: 44arjJ orie M. Student Assistant County Attorney CU- 2002- AR- 2354/FR/sp BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA U.", 2 TOM HENNING, CHAIRMAN 7 -" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2002 -AR -2354 The following facts are found: 1. Section 2.2.3.3.3 and Section 2.2.3.3.4 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: CHAIRMAN: EXHIBIT "A" * ** OR: 2381 PG: 10258 * ** EXHIBIT "A" PARCEL ONE: Tracts 15 and 16, Golden Gate Estates Unit 97, according to the plat thereof recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida, IM-and-mraptW9 IM-and-mad the Easterly 600 feet thereof. PARCEL TWO: The Easterly 6100 feet of Tract 15, Golden Gate Estate Unit 97, according to the plat thereof recorded in flat ]Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida, Less and excevtin[s the Easterly 300 feet thereof. Exhibit "B" WWflWoon Pun (MUMERIM) II Isa DRALWAGr rASSM"r Ch ( I 1 I I � I 1 I I � I I � I I y r� O O I I r I IESTATES I I I I Exhibit "C" v 71 Z FAITH CO3lXUNITY CHURCH in vamwom mw MFRM ROIOA K» - - - - - � _ _ _ _ I r'n lV n lT Il11VA J. 1I,SF SITF PLAN � * i : MK — i Cb M O O N in e4 a e O N O Q Ua� x •i ' O CA O p r v ce as v 71 Z FAITH CO3lXUNITY CHURCH in vamwom mw MFRM ROIOA K» - - - - - � _ _ _ _ I r'n lV n lT Il11VA J. 1I,SF SITF PLAN � * i : MK — i Cb M O O N in e4 a e O N O Q Ua� 1411ROMIT13M 1. Site Development Plan approval is required prior to use of the site as a pre - school or childcare facility. The Site Development Plan shall include the following: a. Turn lanes shall be provided by the petitioner at the petitioner's cost, at the intersection of 22nd Avenue NW and Oakes Boulevard. The turn lanes provided shall be a northbound left -turn lane, a southbound right -turn lane, and an eastbound right -turn lane. The turn lanes shall be shown on the Site Development Plan for the expansion of the church buildings (shown as Phase II on the Traffic Impact Study dated April 2, 2002). The turn- lane construction shall be complete and approved by Collier County prior to any construction that would expand the existing buildings. b. The Site Development Plan shall indicate signage and pavement striping. c. The Site Development Plan shall indicate a sidewalk, to be constructed within the 22nd Avenue NW access easement, in front of the church. d. Fifteen -foot Type "B" buffers are required along all property lines; and a landscape area, a minimum of 10 feet wide, shall be provided in front of all buildings. e. A fence or wall along 22 Avenue NW shall be indicated on the Site Development Plan, pursuant to Subsection 2.6.11.4.2 of the Land Development Code. f. Terminal landscape islands with trees, and landscape islands with trees every 10 parking spaces, shall be required for grassed parking areas. Curbing for these landscape islands is required and may be constructed of pressure - treated wood. 2. The use as a school is limited to pre - school through kindergarten. 3. The number of parking spaces for the school use shall be in accordance with Division 2.3 of the LDC. The required parking area for the school shall be paved. EXHIBIT "D" 78 ate, June 1, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2002 -AR -2354, FAITH COMMUNITY CHURCH Dear Georgia: Please advertise the above referenced notice on Sunday, June 8, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 113 - 138312- 649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, June 24, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 2002 -AR -2354, William Hoover, AICP, of Hoover Planning & Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting conditional uses "3" and 114" of "E" Estates Zoning District to add a Child Care and Pre - School to the existing Faith Community Church Pursuant to Section 2.2.3.3 of the Collier County Land Development Code for property located in Section 29, Township 48 South, Range 26 East, Collier County, Florida. The property to be considered for the conditional use is located at 6455 22nd Avenue NW, further described as part of Tracts 15 & 16, Golden Gate Estates Unit 97. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) �qi%'pE Cl 0,- U � y Dwight E. Brock Clerk June 2, 2003 County of Collier CLERK OF THE CIRCUIT COURT COWER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101.3044 William Hoover, AICP Hoover Planning & Development, Inc. 3785 Airport Road N. -Suite B -1 Naples, FL 34104 V 7g 0� CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to Consider Petition CU- 2002 -AR -2354, .Faith Community Church Dear Pastor Shuck: Please be advised that the Board of County Commissioners will consider the above referenced petition on Tuesday, June 24, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK f ��o M A Teri Michaels Deputy Clerk Enclosure J � SC Dwight E. Brock Clerk June 2, 2003 County of Collier CLERK OF THE CIRCUIT COURT COWER COUNTY COURTHOUSE 3301 1AMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 Pastor Roy Shuck Faith Community Church of the Nazarene, Inc. 6455 22nd Avenue NW Naples, FL 34119 a Ir � CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to Consider Petition CU- 2002 -AR -2354, Faith Community Church Dear Pastor Shuck: Please be advised that the Board of County Commissioners will consider the above referenced petition on Tuesday, June 24, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2003. You are invited to attend this public hearing. Sincerely, 01 DWIGHT E. BROCK, CLERK Teri Michaels Deputy Clerk Enclosure 76 �t Teri Michaels To: Subject: legals @naplesnews.com ATTN:GEORGIA re: cu- 2002 -ar -2354 (faith comm.church) CU- 2002 -AR -2354. doc T CU- 2002 -AR -2354. doc Teri Michaels From: postmaster @clerk. col Iier. fl. us Sent: Monday, June 02, 2003 12:31 PM To: Teri Michaels Subject: Delivery Status Notification (Relay) lid LJ ATT25509.txt ATTN:GEORGIA ! This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com Teri Michaels -1 From: System Administrator [postmaster @naplesnews.com] Sent: Monday, June 02, 2003 12:27 PM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA LI ATTN:GEORGIA <<ATTN :GEORGIA» Your message To: legals @naplesnews.com Subject: ATTN :GEORGIA Sent: Mon, 2 Jun 2003 12:30 :04 -0400 was delivered to the following recipient(s): legals on Mon, 2 Jun 2003 12:26:55 -0400 78 M O O N N A A U O 3 V) O co O ry �1 S t V O u V D V V L d O u p V 3 M S i N 4- a� M O CO E A N OV < ' O � E N M O a N Ln v w O C N U 00 Q N U, L'�— N v O Z (O N � Q C ¢ O O No �� N O N .i rn 3 0 v 0 LL Q1 H (A L V O Q N (d Ci O O O O y W 0) Z N L N v Q O M O a, w OD r V 7 f6 [� O 0 m L O LL U. c// 0 0 0 f V/ 78 M O O N N A A U O V) �t LO co O ry O S N V O u V D V V L d O u p V M S i N 4- a� M O CO E A N OV < ' LO U E N M O a N Ln v w O C N ct v Q N U, L'�— N v O Z (O N � Q C ¢ O O No �� N O N .i rn = 0 v 0 LL Q1 H (A L V 78 M O O N N NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily; a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on June 8, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 9th day of June, 2003 of @TAL;� CC << ;f N D. FLORA o My Comm Fxp. 12/10/04 N a No. CC 983546 I I Personally Known I l Other 1.0. 7 x t NOTICE RI PUBLtC HEARING Ing District to al Child Care and School to the exi: Faith Community Ct Pursuant to Sec 2.2.3.3 of the Co County Land Devi ment Code for prof located In Seettor Township 48 So Range 26 East, Cc County. Florida. All Persons. Item amust r the Count clon oT an moivtaual to speak on behalf of an organization or proue Is encouraged. If recog- nized by the Chair, a spokesperson for a grou t or organization may be allotted 30 min- utes to speak on an Item. a Any person who decide: to appeal a decision o the Board will need a re cord of the proceeding; fertalninli thereto am therefore, may need tr ensure that a verbatin record of the proceed ings Is mado, which re cord Includes the testl mony and eevldenc upon which the' appea Is based. COMMISISONERS O U N T' COLLIER COUNTY FLORIDA TOM CHAIR DWIGHT E. BROCK CLERK By: ' /s erl Michaels �� 'rk _ Sunflower Maureen A. Kenyon From: Martin, Cecilia Sent: Wednesday, July 16, 2003 10:38 AM To: Minutes and Records Cc: Reischl, Fred; Bellows, Ray; Burgeson, Barbara Subject: BCC Petitions continued and readvertised from 7/29 to 9/9 78 Page 1 of 1 Trish /Marie: As a follow up to our phone conversation this morning and previous E -mails to minutes and records, I am reverifying that the following petitions will be readvertised for the 9/9/03 BCC meeting, as requested, due to the 5 week continuance from the 7129/03 meeting. Thanks. VA -02 -AR -2525 -FR- Little Hickory CU -02 -AR -2354 -FR -Faith Community Church PUD- 02- AR- 2357 /DOA -02 -AR -2358 -RB Parklands PUD /DRI amendments - These are the ads that were killed for the 7/29 BCC to be advertised for the 9/9/03. CCSL- 01 -5 /AR -1922 - BB Vanderbilt Beach Hotel -This one was advertised for the 7/29 BCC meeting, but according to Barbara the resolution language will be changed and have to be readvertised for the 9/9/03 meeting. BCC meeting. Cecifia Martin Current alfanning Tfanning Tech 403 -2467 U l 7/21/2003 J Patricia L. Morgan , J From: Reischl, Fred Sent: Tuesday, July 08, 2003 8:36 AM To: Martin, Cecilia; Johnson, Connie; Filson, Sue; Brock, Mary; Oldham, Laurie; Minutes and Records Subject: Faith Community Church Good 3lorning! The conditional Vse petition for (Faith Community Church (CV- 2002,gR- -2354) has been continued until the BCC meeting of September 9th. ,hanks! cFred Fred R,eisch� AICB 1 incipa((Pfanner 239 - 403 -2400 fredreischf0co(fergov.net <maifto fredreischC@codiergov.net> << ... OLrE_06j... >> 1� 06 40 r-\)(.\ Au3ut;�' z4, 2-003 65u nd-�) 78 July 8, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2002 -AR -2354, FAITH COMMUNITY CHURCH Dear Georgia: Please advertise the above referenced notice on Sunday, August 24, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. sincerely, Trish Morgan, Deputy Clerk P.O. /Account # 113- 138312 - 649110 NOTICE OF PUBLIC HEARING 78 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 9, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 2002 -AR -2354, William Hoover, AICP, of Hoover Planning & Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting conditional uses 113" and "4" of "E" Estates Zoning District to add a Child Care and Pre - School to the existing Faith Community Church Pursuant to Section 2.2.3.3 of the Collier County Land Development Code for property located in Section 29, Township 48 South, Range 26 East, Collier County, Florida. The property to be considered for the conditional use is located at 6455 22nd Avenue NW, further described as part of Tracts 15 & 16, Golden Gate Estates Unit 97. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) rl Patricia L Morgan To: Subject: Georgia (E -mail) Advertising - CU- 2002 -AR -2354 Please run the attached on Sunday, August 24, 2003 in the newspaper. rlhankyou, Trish Minutes z� 1§cords fwl _1 CU- 2002 -AR -2354. CU- 2002 -AR -2354. doc doc Patricia L. Morgan From: postmaster @clerk.colIier.fl.us Sent: Tuesday, July 08, 2003 3:35 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) ATT147457.txt Advertising - CU- 2002 -AR -2354 This is an automatically generatedDelivery Status Xotification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. &gafs@naplesnews.com Patricia L. Morgan From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, July 08, 2003 3:30 PM To: Patricia L. Morgan Subject: Delivered: Advertising - CU- 2002 -AR -2354 Advertising - CU- 2002 -AR -2354 «Advertising - CV-2002-AR-2354 >> `Your message 7o: Georgia (E-mail) Subject: Advertising - CV-2002-AR-2354 Sent: 7ue, 8 yu[2003 15.•35:26 -0400 was delivered to the fo(fowing recipient(s): Cegafs on 7ue, 8 Ju12003 15:29 :51 -0400 I"w i-78 -"% t '" ,� , Maureen A. Kenyon From: Reischl, Fred Sent: Tuesday, July 08, 2003 8:36 AM To: Martin, Cecilia; Johnson, Connie; Filson, Sue; Brock, Mary; Oldham, Laurie; Minutes and Records Subject: Faith Community Church Good Morning! The Conditional Use petition for Faith Community Church (CU- 2002 -AR -2354) has been continued until the BCC meeting of September 9th. Thanks! Fred Fred Reischl, AICP Principal Planner 239 -403 -2400 fredreischl @colliergov.net <mailto :fredreischl @colliergov.net> << ... OLE Obj ... >> 1 79 Maureen A. Kenyon From: Martin, Cecilia Sent: Friday, August 15, 2003 9:10 AM To: Minutes and Records; Oldham, Laurie; Schmitt, Joseph; Johnson, Connie; Brock, Mary; Filson, Sue; Bedtelyon, Linda Cc: Reischl, Fred Subject: FW: Faith Community childcare This was originally sent up for advertising for the 9/9 BCC meeting, minutes and records has not advertised for that meeting yet, per this E -mail will advertise and change the date to the 9/23 meeting. • - - - -- Original Message - - - -- • From: reischl_f • Sent: Friday, August 15, 2003 9:04 AM • To: Minutes and Records; martin _c; oldham_1; Schmittioseph; johnson_c; • filson_s; brock_m; bedtelyon_1 • Subject: Faith Community childcare > The petitioner wishes to reschedule petition CU- 2002 -AR -2354 for the > 9/23/03 Board meeting. > Thanks! > Fred > Fred Reischl, AICP > Principal Planner > 239 - 403 -2400 > fredreischl @colliergov.net <mailto :fredreischl @colliergov.net> > << ... OLE Obj ... >> 1 78 Maureen A. Kenyon From: Reischl, Fred Sent: Friday, August 15, 2003 9:04 AM To: Minutes and Records; Martin, Cecilia; Oldham, Laurie; Schmitt, Joseph; Johnson, Connie; Filson, Sue; Brock, Mary; Bedtelyon, Linda Subject: Faith Community childcare The petitioner wishes to reschedule petition CU- 2002 -AR -2354 for the 9/23/03 Board meeting. Thanks! Fred Fred Reischl, AICP Principal Planner 239 - 403 -2400 fredreischl @colliergov.net <mailto :fredreischl @colliergov.net> << ... OLE Obj ... >> 78 Patricia L Morgan From: Martin, Cecilia Sent: Friday, August 15, 2003 9:10 AM To: Minutes and Records; Oldham, Laurie; Schmitt, Joseph; Johnson, Connie; Brock, Mary; Filson, Sue; Bedtelyon, Linda Cc: Reischl, Fred Subject: FW: Faith Community childcare This was originatty sent up foradvertising for the 919 BCC meeting, minutes and records has not advertised for that meeting yet, per this E-mad wilt advertise and change the date to the 9123 meeting. > - - - -- Original Message---- - > From: reischC f > Sent: Friday, August 15, 2003 9: 04 AVf > To: Yinutes and wscordr martin c; otdham_�- Schmittioseph, johnson _c; > fifson s; brock_m; bedtetyon t > Subject: Faith Community childcare > The petitioner wishes to reschedule petition CV-2002 ,4R- -2354 for the > 9123103 Board meeting. > 'Banks! > Fred > Fred 12eischl, AICB > Brincipat Flanner > 239 - 403 -2400 > fredreischlacolliergov.net <maitto fredreischt@cotliergov.net> > << ... OGE Obi...» 14;1�4 78 'low il Patricia L Morgan From: Reischl, Fred Sent: Friday, August 15, 2003 9:04 AM To: Minutes and Records; Martin, Cecilia; Oldham, Laurie; Schmitt, Joseph; Johnson, Connie; Filson, Sue; Brock, Mary; Bedtelyon, Linda Subject: Faith Community childcare ,The petitioner wishes to reschedule petition Cv- 2002,4 - -2354 for the 9123103 Board meeting. ghanks! Tred (Fred 1Reischl,, AICB lnrincipafBfanner 239 - 403 -2400 fredreischf@coffiergov. net <maifto fredreischf @coffiergov. net> << ... OLE 06i...» 079 Wq I August 18, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re:Request to Kill Notice of Public Hearing to Consider CU -2002- AR -2354, FAITH COMMUNITY CHURCH, Scheduled for advertisement on Sunday, August 24, 2003, and READVERTISE SAME ON SUNDAY, SEPTEMBER 7, 2003. Dear Georgia: Please kill the above referenced petition that was scheduled to be advertised on Sunday, August 24, 2003, and readvertise the attached notice on Sunday, September 7, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 113 - 138312- 649110 NOTICE OF PUBLIC HEARING 78 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 23, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 2002 -AR -2354, William Hoover, AICP, of Hoover Planning & Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting conditional uses 113" and "4" of "E" Estates Zoning District to add a Child Care and Pre - School to the existing Faith Community Church Pursuant to Section 2.2.3.3 of the Collier County Land Development Code for property located in Section 29, Township 48 South, Range 26 East, Collier County, Florida. The property to be considered for the conditional use is located at 6455 22nd Avenue NW, further described as part of Tracts 15 & 16, Golden Gate Estates Unit 97. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) "I 78 August 18, 2003 William Hoover, AICP Hoover Planning & Development, Inc. 3785 Airport Road N. -Suite B -1 Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition CU- 2002 -AR -2354, Faith Community Church Dear Pastor Shuck: Please be advised that the Board of County Commissioners will consider the above referenced petition on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels Deputy Clerk Enclosure 78 August 18, 2003 Pastor Roy Shuck Faith Community Church of the Nazarene, Inc. 6455 22nd Avenue NW Naples, FL 34119 Re: Notice of Public Hearing to Consider Petition CU- 2002 -AR -2354, Faith Community Church Dear Pastor Shuck: Please be advised that the Board of County Commissioners will consider the above referenced petition on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels Deputy Clerk Enclosure Teri Michaels To: Subject: legals @naplesnews.com ATTN:GEORGIA hi georgia re: cu- 2002 -ar -2354, faith comm. church kill for 8/24/03 & readvertise for 9/7/03 as per attached notice pls confirm receipt of the attached advertisement thanks! teri CU- 2002 -AR -2354( 9- 23- 03).doc CU- 2002 -AR -2354( 9- 23- 03).doc 1 Teri Michaels From: postmaster @clerk. col Iier.fl.us Sent: Monday, August 18, 2003 9:22 AM To: Teri Michaels Subject: Delivery Status Notification (Relay) ATf135878.txt ATTN:GEORGIA 78 ti This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Iegals@naplesnews.com Teri Michaels From: System Administrator [postmaster @naplesnews.com] Sent: Monday, August 18, 2003 9:14 AM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA LLI ATTN:GEORGIA <<ATTN:GEORGIA>> Your message To: legals @naplesnews.com Subject: ATTN :GEORGIA Sent: Mon, 18 Aug 2003 09:21:57 -0400 was delivered to the following recipient(s): legals on Mon, 18 Aug 2003 09:14:27 -0400 i 78 '- , 0 an ca a l i l w s C7 v z Q E 00 O 9 U p C O N D co ca C � N C N to -p cc L G o U- c� 2 0 w O LL U Z � Q N 0 LU O � � O v 70 °) 0 -C, oil r M 0 O N 00 00 A A U O .a M O U M i- N O C d' d M S N U ry Cf Q O } O _ L i N i C3 N v v M L S � N L v s � u u 'a L U) u 4 S U s Q O 0 U N U S } Q M o cq C) _ O d } N I- N oG0 0Q 'co d' O LO *-i U ' LO M L } M i u Ln 3 a1 Ul v� c LU M U L Q Z C N E O N @J Q 0 ON \ 00 'rn �- � Lo L vi v L O O O O ++ v •� N U 4- U � to d } L i U. {A S L .Y C L } oil r M 0 O N 00 00 a NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on September 7th, 2003 Affrant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affilant) Sworn to and subscribed before me This 9th day of September ,2003 (Signature of notary public) /.• • Harriett Bushong -.*: MY COMMISSION # DD2U689 EXPIRES July 24, 2007 BONDED THRU TROY FAIN INSURANCE, INC NOTICE OF PUBLIC HEARING Government Cent 3301 East Tamiaml Ti Naples, Florida. 1 meeting will begin 9:00 A.M. :are anasre -I to the existing Community Pursuant to See- 33 of the Collier Land DevelOp- ode for property I In Section 29, hip 48 South, r, Florida The y to be consid- r the conditional located at 6455 venue NW, fur• (scribed as part s 15 & 16 Golden sates unit All Persons wish - speak on any Rem must regls- t the County Ad- on any Item. Tne selec- tion of an Individual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chair, a spokesperson for a group or organization may a allotted 10 min- utes to speak on an Item. Iphic ma-1 ad in the ! L packets, said ma num of 3 o the re -1 aa perma- record. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORI- DA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK putYSClerk erl Michaels, (SEAL) Seot.9 No. 261942, Page 1 of 1 gee+ k Maureen A. Kenyon From: Reischl, Fred Sent: Monday, September 15, 2003 6:46 AM To: Minutes and Records; Martin, Cecilia; Oldham, Laurie; Brock, Mary; Hoffman, Eleanor; Filson, Sue Subject: FW: Faith Community Church Conditional Use for Child Care Center AR -2354 (Faith Community Church) has been continued from 9/23 to 10/28 at the request of the County Manager & the consent of the petitioner to help shorten the agenda. Thanks! Fred - - - -- Original Message---- - From: Bill Hoover [mailto:billh @hooverplanning.com] Sent: Saturday, September 13, 2003 7:56 AM To: reischl_f Subject: Re: Faith Community Church Conditional Use for Child Care Center Thanks! - - - -- Original Message - - - -- From: reischl f To: BIII Hoov_e_..r_(E -mail 2) Sent: Friday, September 12, 2003 3:54 PM Subject: FW: Faith Community Church Conditional Use for Child Care Center - - - -- Original Message---- - From: johnson_c Sent: Friday, September 12, 2003 3:31 PM To: reischl_f Subject: RE: Faith Community Church Conditional Use for Child Care Center Jim Mudd said that if the readvertising was minimal the County would stand the expense - this also included changing the public information signs. - - - -- Original Message---- - From: reischl_f Sent: Friday, September 12, 2003 3:24 PM To:johnson_c Cc: henning_t; 'Bill Hoover' Subject: RE: Faith Community Church Conditional Use for Child Care Center Hi Connie This is AR -2354 Cecilia is off for the rest of the day, so I don't know if it needs to be readvertised. I'll check Monday. Thanks, Bill! Fred [reischl_fj : Bill Hoover [ mailto :billh @hooverplanning.com] Sent: Friday, September 12, 2003 1:11 PM To: Fred Reischl Cc: Tom Henning Subject: Faith Community Church Conditional Use for Child Care Center Per your request earlier today regarding volunteers postponing their scheduled hearings on the 9- 23-03 BCC Meeting, I have spoken to Pastor Shuck. He has agreed to postpone his Conditional Use hearing until 10 -28 -03 if there is no additional cost to his church. Please note that both the pastor and I are scheduled to be out of town the week of the 10 -14 -03 BCC meeting so that date will not work. Thanks and please advise me if the church's Conditional Use will not be rescheduled for the 10 -28 -03 BCC Meeting. 9/15/2003 Sunflower Patricia L. Morgan From: Martin, Cecilia Sent: Tuesday, October 14, 2003 2:28 PM To: Minutes and Records; Johnson, Connie; Oldham, Laurie; Brock, Mary; Filson, Cc: Reischl, Fred Subject: CU -03 -AR -2354 continuance Faith Community Church Page 1 of 1 Please be advised this petition is being continued from 10/28/03 to the 12/16/03 BCC meeting. This will go past the 5 week requirement and will have to be readvertised per this E -mail. Thank You. Cecilia Martin Current Manning (Planning Tech 403 -2467 10/14/2003 AV October 15, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2002 -AR -2354, FAITH COMMUNITY CHURCH Dear Georgia: Please advertise the above referenced notice on Sunday, November 30, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Clerk P.O. /Account # 113- 138312 - 649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 16, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 2002 -AR -2354, William Hoover, AICP, of Hoover Planning & Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting conditional uses 113" and 114" of "E" Estates Zoning District to add a Child Care and Pre - School to the existing Faith Community Church Pursuant to Section 2.2.3.3 of the Collier County Land Development Code for property located in Section 29, Township 48 South, Range 26 East, Collier County, Florida. The property to be considered for the conditional use is located at 6455 22nd Avenue NW, further described as part of Tracts 15 & 16, Golden Gate Estates Unit 97. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A Houtzer, Clerk (SEAL) Linda A. Houtzer To: Georgia (E -mail) Subject: CU- 2002 -AR -2354 Hi Georgia Please run attached on Sunday, November 30, 2002 in the newspaper. Thanks, Linda L _J I_J CU- 2002 -AR -2354, CU- 2002 -AR -2354 doc (1).doc Minutes and Records 8w;P 9 �klq Linda A. Houtzer To: Georgia (E -mail) Subject: CU- 2002 -AR -2354 Hi Georgia, The correct date for the ad to run is Sunday, November 30, 2003. Sorry for the typo. Linda Minutes and Records CU- 2002 -AR -2354 Linda A. Houtzer From: legals [legals @naplesnews.com] Sent: Wednesday, October 15, 2003 4:39 PM To: Linda A. Houtzer Subject: RE: CU- 2002 -AR -2354 rcvd to run nov. 30 georgia - - - -- Original Message---- - From: Linda A. Houtzer [mai Ito: Linda. Houtzer @clerk. col Iier.fl.us] Sent: Wednesday, October 15, 2003 4:34 PM To: Georgia (E -mail) Subject: CU- 2002 -AR -2354 Hi Georgia Page 1 of 1 78 Please run attached on Sunday, November 30, 2002 in the newspaper. Thanks, Linda Minutes and Records «CU- 2002- AR- 2354.doc>> «CU- 2002 -AR -2354 (1).doc>> 10/16/2003 791 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on November 30th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of afiant) Sworn to and subscribed before me This 2nd day of December ,2003 (Signature of notary public) Harriett Bushong MY COMMISSION 8 DD234689 EXPIRES July 24, 2007 BONDED THRU TROD FAIN INSURANCE, INC NOTICE OF PUBLIC 14EARINNG egin ith to uc Pursuant pn 2.233 of the Cc ount Land De ve at do Sc Ion In e ownshlp 48 So ange 26 East, Cc ounty, Florida. ropey to be col red o' the conch se Is located at herd described as Unit 97 iaTE: All Persons on any nem. I FM x'_' tlon of an individual to speak on behalf of an organization or group Is encouraged. I recog- nized by the Chair, a spokesperson for a groupp or organization may m allotted 10 min- utes to speak on an Item. I a mrnrmu" vi -i g prior to the re Iva public hearing. y case, written ma- Is Intended to e Jared byy the Board be submitted to Lppropriate County a minimum of sev- ays: I gOor40,the c !doing, ' A" ma- used In prosanta. before tha Board become a perma- part of the record. person dd Ides ' will a ref iW ereto and More, may need to re that a verbatim mony and evidence upon which the appeal Is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORI- TOM HENNING. CHAIR- MAN DWIGHT. E. BROCK. CLERK CLlerk s/Llnda A Houtzer, G5EALi Nov. 30 No. 340330 ORIGINAL DOCUMENTS CHECKLIST & ROUTING7LIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENTO 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line throuph muting lin— si thr,,,,a6 ttn ..,..,...l— .1. Route to Addressee(s) List in routing order y11"AliJL, ullu Office lorwara to sue rrtson Initials nne #5 . Date 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) 2. 1Z.@3 �� , /_ ,O� (( Agenda Item Number 7B 3. by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document RESOLUTION Number of Original ONE 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff MIKE BOSI Phone Number 659 -5745 Contact a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) Agenda Date Item was 1Z.@3 �� , /_ ,O� (( Agenda Item Number 7B Approved b the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document RESOLUTION Number of Original ONE Attached I contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRITCTIONR Rr C14PI WY Tc'r I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 U 1 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other arties except the BCC Chairman and the Clerk to the Board t�� 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. r.Pg 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Mg 1j Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The -County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: June 1, 2005 To: Mike Bosi, Principal Planner Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -462 Enclosed please find one (1) copy of the document referenced above, (Agenda Item #711) which was adopted by the Board of County Commissioners on Tuesday, December 16, 2003. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosure 7 B RESOLUTION NO. 03 -462 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "3" AND "4" FOR CHILD CARE AND PRE - SCHOOL USES IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "3" and "4" of Section 2.2.3.3 of the Land Development Code in an "E" Estates Zone for Child Care and Pre - School Uses on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by William Hoover of Hoover Planning and Developement, Incorporated, representing with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "3" and "4" of Section 2.2.3.3 of the Land Develbpment Code of the "E" Estates Zoning District for Child Care and Pre - School Uses in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 1 TO =4 � mr, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this �, day of 7 «-1 mbA.r '2003. ATTEST: DWIGt, :'BIZOCK, Clerk ,Attest a1sr. 4provltd_ o Fprrir and uff�iEiQncy: Marjoide M. Student Assistant County Attorney CU- 2002 -AR- 2354 /FR /sp BOARD OF ZONING APPEALS COLLIER COU Y, FL DA 0 BY: TOM H , C AIRMAN 2 Item * '.� mod.— Agendal a .1 / _ h 3 Date l i [!i V De f „+10S- 0 Rec' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2002 -AR -2354 The following facts are found: 1. Section 2.2.3.3.3 and Section 2.2.3.3.4 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress (I L Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effectsQt'/ Daffect Aff ect mitigated by ffect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us in district Yes No Based on the above findings, - us hould, (should not) be recommende for approval. EXHIBIT "A" with stipulations, (copy attached) DATE: 5�0 * ** OR: 2381 P0: 0258 :x�t EXHIBIT "A» PARCEL ONE: Tracts 15 and 16, Golden Gate Estates Unit 97, according to the plat thereof recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida, JL%und cz= ng the Easterly 600 feet thereof.. PARCEL TWO: The Easterly 600 feet of Tract 15, Golden Gate Estates Unit 97, according to the plat thereof recorded in Plat ]hook 7, Pages 95 and 96, of the Public Records of Collier County, Florida, less and exc„ ing the Easterly 300 feet thereof. Exhibit "B" II I � � I I I fill L `! chW O O "O! I IETATM I I I I Exhibit "C" BREWWOOD PUD (COMMERICAL) r N �; to ruJ y ' o MaffiMrsa inc. o ti00 YwL!'w00D DI Y! IIts !'li Oi1 M100 PAX 040 n7-UM Exhibit "C" BREWWOOD PUD (COMMERICAL) r x to y ' o °D o $ a a FAITH COMMUNHY CHURCH CONDITIONAL USE SITE PLAN rr M O O N in" M O � r4OC Q � G U 06o .• tii co 7 , A CU- 2002 -AR -2354 CONDITIONS 1. Site development plan approval is required prior to commencement of Phase Two of the pre- school or childcare facility. The site development plan shall provide for the following: a. Turn lanes shall be provided by the petitioner at the petitioner's cost, at the intersection of 22nd Avenue NW and Oakes Boulevard. The turn lanes provided shall be a northbound left -turn lane, a southbound right -turn lane, and an eastbound right -turn lane. The turn lanes shall be shown on the site development plan for Phase Two of the pre - school and childcare facility. b. The site development plan shall indicate signage and pavement striping. c. The site development plan shall indicate a sidewalk, to be constructed within the 22nd Avenue NW access easement, in front of the church. d. Fifteen -foot Type `B" buffers are required along all north and east property lines; and a landscape area, a minimum of 10 feet in width, shall be provided in front of all buildings. e. A fence or wall along 22nd Avenue NW shall be indicated on the site development plan, pursuant to Subsection 2.6.11.4.2 of the Land Development Code (LDC). f. Parking areas adjacent to the north and east property lines shall be set back 50 feet from the property line and shall be buffered by a wall, six feet in height, constructed of decorative concrete block or pre -cast masonry material, with landscaping, six feet in width, outside the wall. As an alternative to a wall, parking areas shall be set back 50 feet from the north and east property lines and the parking area shall be planted with vegetation which provides a 100 percent visual screen from the ground to a height of six feet. g. Terminal landscape islands with trees, and landscape islands with trees every 10 parking spaces, shall be required for grassed parking areas. Curbing for these landscape islands is required and may be constructed of pressure- treated wood. 2. The use as a school is limited to pre - school through kindergarten. 3. The number of parking spaces for the school use shall be in accordance with Division 2.3 of the LDC. The required parking area for the school shall be paved. EXHIBIT "D" 7 6 4. The development of the childcare and preschool facilities shall occur in two phases. Phase One shall be limited to a maximum of 65 children/students. Phase Two shall be limited to a maximum of 120 children/students. Phase Two development shall commence only upon the completion of construction of the segment of Livingston Road from Vanderbilt Beach Road to Immokalee Road; the completion of construction of the segment of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Collier Boulevard from Vanderbilt Beach Road to Immokalee Road. EXHIBIT "D" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: L y q I N • Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Marcia R. Kendall Date: December 1, 2003 Petition No. (If none, give brief description): Various: CPSP- 2003 -4; CPSP - 2003 -5; CPSP- 2003 -6; CPSP- 2003 -7; CPSP- 2003 -8; CPSP- 2003 -9. Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing date: December 16, 2003 Based on advertisement appearing 10 -5 days before hone-7 Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A ❑ Legally Required t• Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 111-13°317— Rev' wed by: Approved by: (0491 a Division flewr Date County Manager Date List Attachments: Advertisement Request and two (2) Maps DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head . ppra l submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal revi ^w, c: for same, is submitted to County Attorney before submitting to County Manager. The Manager's office wilt copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *:k *:k:k ** Kok****: k****: k: k: k*% k******************* * *** *:K:k*** *%k:k*** *:k:k #***** * ****#ok*** **** **** * ******* **** i::k* *,.':** *:::* FOR CLE'RK'S OFFICE USE ONL : Date Received: IA t Date of Public hearing: J 1 Le Date Advertised: �_�2� f d'D� ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTER PLAN, THE RECREATION AND OPEN SPACE ELEMENT, THE IMMOKALEE AREA MASTER PLAN; THE INTERGOVERNMENTAL COORDINATON ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, THE TRANSPORTATION ELEMENT, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND THE ADDITION OF AN ECONOMIC ELEMEMT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seg., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, staff initiated amendments to the Future Land Use Element (FLUE) to add a new policy referencing the two Inter -local Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting sites of existing and future school and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying what zoning districts allow or prohibit school and school support facilities; and WHEREAS, staff initiated amendments to the Future Land Use Map (FLUM) Series to add new maps depicting sites containing existing school and school support facilities, and depicting undeveloped sites for future school and school support facilities. WHEREAS, staff initiated amending the Intergovernmental Coordination Element (ICE) to reflect the two Inter -local Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; and WHEREAS, staff initiated amendments to the Golden Gate Area Master Plan to reference the two Inter -local Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners, and to cross - reference the FLUE and ICE policies and FLUM Series; and WHEREAS, staff initiated text amendments to the Goals, Objectives and Policies of the Future Land Use Element and the Recreation and Open Space Element to incorporate the Community Character /Smart Growth principles adopted by the Community Character /Smart Growth Advisory Committee; and ::: 84 WHEREAS, staff initiated the adoption of the County Manatee Protection Plan (MPP) and amend the Goals, Objectives and Policies of both the County's Conservation and Coastal Management Element and the Future Land Use Element; and WHEREAS, staff initiated the adoption of the Goals, Objectives and Policies of a new Economic Development Element to the Growth Management Plan; and WHEREAS, staff initiated amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element (FLUE) to revise Transportation Concurrency Management policies to establish real time checkbook concurrency; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of Proposed TCMA's within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for Fairshare Developer Contributions to the multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment within the TCMA; and WHEREAS, staff initiated amendment to the Future Land Use Element (FLUE) Airport Noise Area Overlay, and the Future Land Use Map (FLUM) to bring into compliance noise contour changes approved by the Board of County Commissioners on June 14, 2000 via Ordinance No. 2000 -43; and WHEREAS, Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on August 11, 2003; and WHEREAS, the Department of Community Affairs did review and did not make written objections to these amendments to the Future Land Use Element, the Future Land Use Map and Map Series, the Golden Gate Area Master Plan, the Recreation and Open Space Element, the Immokalee Area Master Plan, the Intergovernmental Coordination Element, the Capital Improvement Element, the Transportation Element, the Conservation and Coastal Management Element; and adding an Economic Element, to the Growth Management Plan and transmitted its findings of no objection in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Future Land Use Element, Future Land Use Map and Map Series, amendments to the Growth Management Plan on November 18, 2003; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the Notice of Proposed Change application; the documents entitled Collier County Growth Management Plan Amendments, and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on December 4, 2003, and the Collier County Board of County Commissioners held on December 16, 2003; and 2 met. fMNMea WHEREAS, all applicable substantive and procedural requirements of law have been NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND MAP SERIES. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Future Land Use Map and Map Series, the Immokalee Area Master Plan, the Potable Water Sub - Element and Sanitary Sewer Sub - Element of the Public Facilities Element, the Golden Gate Area Master Plan Element and Golden Gate Area Master Plan Future Land Use Map and Map Series, and the Capital Improvement Element, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: TOM HENNING Chairman Approved as to form and legal suffiency: AA:R�JORI,E M. STUDENT sstant ounty Attorney Adoption Ordinance CPSP- 2003 -4, CPSP- 2003 -5, CPSP- 2003 -6, CPSP- 2003 -7, CPSP- 2003 -8, 3 CPSP- 2003 -9 !I 8A Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP SERIES CPSP- 2003 -4 #1. NEW POLICY 5.14 [page 4 ] Policy 5.14 Public educational plants and ancillary plants: a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on -site facilities including sports stadiums gymnasiums and recreation areas) and ancillary plants (support facilities including administrative offices, transportation facilities maintenance yards and bus barns) are depicted on the Future Land Use Map Series This includes four sites where educational plants have been approved but construction either has not commenced or is not completed More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document Expansion of these educational plants and ancillary plants on these existing sites as well as expansions to the sites themselves are subject to the provisions outlined in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 F S on May 15, 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners, and subiect to the implementing land development regulations to be adopted. b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants Most of these sites are consistent with locational criteria in the FLUE, GGAMP or TAMP as applicable and are allowed within the existing zoning district on the property; these sites are depicted on the Future Land Use Map Series. As consistency is achieved for the remaining sites via future GMP amendments and /or zoning amendments and /or conditional use approvals these sites will be added to the Future Land Use Map Series. Development of the mapped sites shall be subiect to the provisions of the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777 F.S. on May 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted C. Existing sites for future public ancillary Plants: The Collier County School Board has acquired sites for which ancillary Plants are Planned for future development; these sites contain no existing ancillary plants. Most of these sites are consistent with locational criteria in the FLUE, GGAM_ P, or TAMP, as applicable and are allowed within the existing zoning district on the property; these sites are depicted on the Future Land Use Map Series As consistency is achieved for the remaining sites via future GMP amendments and /or zoning amendments and /or conditional use approvals these sites will be added to the Future Land Use Map Series. Development of the mapped sites shall be subject to the provisions of the two 1 Words underlined are added; words st=uc'.- th -, uy : are deleted. Words double underlined are added; words double struck through are deleted - both since Transmittal Hearings. • Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 F.S., on May 15, 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP or [AMP as applicable and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series as provided for in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subiect to the provisions of the two Interlocal Agreements and subject to the implementing land development regulations to be adopted P Prior to site acquisition e Collier County School District will provide notification to i et 4 adjacent property owners At the public hearing to consider the land acquisition &II public commentary received as a result of these notices will be provided to the Collier County School Board e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19 2002 or the Rura Lands Stewardship Area Overlay adopted nn October 2 Z all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT) Golf Course (GC) Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC) Business Park (BP), and Industrial (1) zoning districts. (2) Educational plants are permitted by right in all other zoning districts However, for a high school facility to be located in any residential zoning district or residential component of a PUD, a formal compatibility review and determination is required as set forth in the Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners. f. Zoning district provisions for future ancillary _plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19 2002 or the Rural Lands Stewardship Area Overlay adopted on October 22 2002 all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF -1 through RSF -6) Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC) Golf Course (GC), and Conservation (CON) zoning districts (2) Ancillary plants are permitted by right in the General Commercial (C -4) Heavy Commercial (C -5), and Industrial (1) zoning districts (3) Ancillary plants are permitted by conditional use approval in all other zoning districts #2. FUTURE LAND USE MAP SERIES [page 74 1Z FUTURE LAND USE MAP SERIES Future Land Use Map 2 Words underlined are added; words stiFide _ th,,.,...gh are deleted. Words double underlined are added; words double struck through are deleted - both since Transmittal Hearings. "8q -, Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9,5.10,5.11) Natural Resources Wetlands Map Wellhead Protection Areas Bayshore /Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Existing Sites For Future Public Educational Plants and Ancillary Plants #3. FUTURE LAND USE MAP SERIES see two NEW Maps titled: "Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities)" and "Existing Sites For Future Public Educational Plants and Ancillary Plants" Words underlined are added; words str,dek thi=e gh are deleted. Words double underlined are added; words double struck through are deleted - both since Transmittal Hearings. 84 t Exhibit A GOLDEN GATE AREA MASTER PLAN ELEMENT IMMOKALEE AREA MASTER PLAN ELEMENT INTERGOVERNMENTAL COORDINATION ELEMENT CPSP- 2003 -4 GOLDEN GATE AREA MASTER PLAN ELEMENT #1. NEW POLICY 1.1.7 [page 7] Policy 1.1.7: The sites containing existing public educational plants and ancillary plants and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the GGAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777. F.S., on May 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. IMMOKALEE AREA MASTER PLAN ELEMENT #1. NEW POLICY 11.1.7 [page 31 Policy 11.1.7: The sites containing existing public educational plants and ancillary plants and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the IAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. INTERGOVERNMENTAL COORDINATION ELEMENT #1. POLICY 1.2.6 [page 2] The County shall continue to coordinate with the Collier County School Board on the site selection for new ss#eels public educational plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants in accordance with the two Interlocal Agreements adopted in accordance with Comer Sections 163.3177(6)(h) and 163.31777, F.S, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners june -25, 19 9 §. Exhibit A, CPSP- 2003 -4 G, Comp, Comp Plan Amendments, 2003 cycle dw /6- 13,16,17 -03 [7/30103 DCA final revision to transmittal] Words underlined are added; words st=rt*e3e thre-a� are deleted. Words double underlined are added; words double struck through are deleted - both since Transmittal Hearings. m w ! � EXISTING PUBLICEDUCATIONAL PLANTS (SCHOOLS) I�R� AND ANCILLAR Y PLANTS (SUPPORT FACILITIES) COLLIER COU=PUBLICSCHOOLS _ ` r a CITY r OF NAPLES LEE COUNTY t 17 q� 4s EVERGLADES �? >� O7 SEAGATE 13 N w +a SCALE 16 B • �T SUPPORT SECTION '...wFl/7E DATE: 6/2003 FILE: ESFM- 2003.DWG -1' - ,BOUL£YARD I)GE RaW �9 SHADOWLAWN 15 GOLDEN GATE 21 CENTER SIOUTH ® VINEYARDS 10 AVALON i6 21 20 :. HIGHLANDS (5 LELY 14 - WY. LAUREL OAK 23 LAKE TRAFFORD �6 POINCIANA 12 TOMMIE BARFIELD q� 4s EVERGLADES �? >� O7 SEAGATE 13 N w +a SCALE 0 1MI. 2MI. 3MI. 4M1. B PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION'. DATE: 6/2003 FILE: ESFM- 2003.DWG LDEN TERRACE i ^*37 ;r .. 1 Oi CALUSA PARK O7 SEAGATE 13 NAPLES PARK 19 SABAL PALM O2 OSCEOLA ® LAKE PARK 14 LDEN TERRACE 20 CENTER NIORTH �3 PELICAN MARSH �9 SHADOWLAWN 15 GOLDEN GATE 21 CENTER SIOUTH ® VINEYARDS 10 AVALON i6 BIG CYPRESS 22 HIGHLANDS (5 LELY 11 MANATEE 17 LAUREL OAK 23 LAKE TRAFFORD �6 POINCIANA 12 TOMMIE BARFIELD 16 CORKSCREW 24 PINECREST LEGEND: FACILITIES 25 VILLAGE OAKS 43 1 LEGEND: EXISTING MIDDLE SCHOOLS TRANSPORTATION FACILITY (BY BCHS) 26 OAKRIDGE 29 MANATEE GOLDEN GATE 43 ADMINISTRATION CENTER LEGEND: EXISTING MIDDLE SCHOOLS TRANSPORTATION FACILITY (BY BCHS) 26 OAKRIDGE 29 MANATEE GOLDEN GATE 46 27 PINE RIDGE 30 EAST NAPLES 33 GULFVIEW FORMER ADMINISTRATION CENTER 28 CORKSCREW 31 IMMOKALEE LEGEND: OCIS77NG HIGH SCHOOLS 34 13ARRON COLLIER 36 GULF COAST 38 GOLDEN GATE NAPLES 37 LELY 39 IMMOKALEE l LEGEND: OTHER SCHOOLS 40 BETHUNE 41 WALKER INSTITUTE OF TECHNOLOGY Y 4Q EVERGLADES SCHOOL LEGEND: FACILITIES 43 ADMINISTRATION CENTER 44 TRANSPORTATION FACILITY (BY BCHS) 45 IMMOKALEE TRANSPORTATION FACILITY 46 BUS BARN (C.R. -864) 47 FORMER ADMINISTRATION CENTER P'Q n SCALE �' P 0 1Ml. 2M1. 3MI. 4MI. e PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 7/2003 FILE: ESFM- 2003.DWG - LEGEND: = EDUCATIONAL PLANT SITE c;l«oEN GATE PKWY. a ' = ANCILLARY PLANT SITE = EDUCATIONAL AND /OR ANCILLARY PLANT SITE \ N A... CITY OF , NA IMPR8T n [ AVIS dpWLa:VAN6 -:. _ R4T7Cl =SNAP RATTLESNAKE A'OAO■ HAMMOCK X ' ROAD SITE SITE *l J� SCALE �' P 0 1Ml. 2M1. 3MI. 4MI. e PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 7/2003 FILE: ESFM- 2003.DWG - LEGEND: = EDUCATIONAL PLANT SITE ' = ANCILLARY PLANT SITE = EDUCATIONAL AND /OR ANCILLARY PLANT SITE \ N A... SCALE �' P 0 1Ml. 2M1. 3MI. 4MI. e PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 7/2003 FILE: ESFM- 2003.DWG - 8 A Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP RECREATION AND OPEN SPACE ELEMENT CPSP- 2003 -5 FUTURE LAND USE ELEMENT Urban - Mixed Use District 7. TFadationall NeighbGFhoGd Design Residential Mixed Use Neighborhood Subdistrict [page 25] The purpose of this pFevisieR subdistrict is to encourage human- scaled, pedestrian- oriented, interconnected residential neighborhood projects that include a mix of commercial uses,. iRGlydiRg retail, GffiGe, a civic amenities,, and institutional uses that complement each other. RGSideRtial uses are Gft8R IOGated abGVe retail 616eG. The purpose of the commercial component is to provide retail, office and personal service uses to serve the needs of the subject neighborhood and surrounding residential neighborhoods where there is no existing nearby opportunity for those commercial needs to be met. Within the commercial component mixed use residential /commercial is allowed. The commercial component may be located internal to the project or along the boundary: if externally located, frontage and access should be restricted so as not to promote strip commercial development. A grid pattern is usually the basis for the transportation network and typically includes interconnections for vehicles, pedestrians and bicycles. Within one year of the effective date of this subdistrict, the Land Development Code shall be amended. as necessarv. to implement this subdistrict. The mu1„ street ...,.,,senent of thn Tnir, ;g ---- •- r..._..- - -__ ....._.. ..... ._a_. -..._ ...- .,......, r,_....... -.-,. _......, .,.J-..,... ..,.,..,.y., ...,.,..,... ,....,.,,.,yam Projects utilizing this Subdistrict shall comply with the following standards and criteria: a. Uses in the commercial component are limited to those allowed in the C -1, C -2 and C -3 zoning districts as contained in the Collier County Land Development Code. b. The boundaries of the commercial component shall be no closer than 1/2 mile radial distance from the boundaries of the nearest site zoned commercial, developed commercial or designated in the Growth Management Plan for commercial uses. c. The commercial component shall be no larger than 10 acres in size and shall not exceed 80,000 square feet of gross leasable floor area. d. A maximum of one acre of land for commercial uses is allowed for each five acres of land for residential uses. e. No single tenant in the commercial component shall exceed 15.000 square feet of gross leasable floor area, except that a grocery store or supermarket shall not exceed 45,000 square feet of gross leasable floor area. f. The maximum floor area ratio for commercial uses is 0.25. g. For freestanding residential uses, acreage to be used for calculating density is exclusive of the commercial component and of any component acreage for a use with a residential equivalency, e.g. ALF -adult living facility. For properties not located in the Urban Residential Fringe eligible density shall be as allowed by the Density Rating System, or as allowed under the existing Words in single 94ike flir-augh are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in dRugle stpike i mttg4 are deletions, and words in double underline are additions - since Transmittal. �84 residential zoning district, or as otherwise allowed by Policy 5.1. For properties located in the Urban Residential Fringe, eligible density shall be as allowed by that Subdistrict. h. For residential uses located within the commercial component of the project — whether located above commercial uses in the same building, in an attached building, or in a freestanding building - density is calculated based upon the gross project acreage. For properties not located in the Urban Residential Fringe, eligible density is the base density allowed by the Density Rating System, less any reductions. For properties located in the Urban Residential Fringe eligible density shall be as allowed by that Subdistrict. L The project is encouraged to contain a grid street system so as to afford maximum opportunity for interconnections with surrounding properties and to provide multiple route alternatives. j. The commercial component shall be interconnected with the residential neighborhood by streets, sidewalks or other pedestrian pathways, and bike lanes, unless precluded by the existence of wetlands or other environmentally sensitive habitats. In such instance where this preclusion exists, no less than one type of interconnection shall be provided. k. The project shall provide street, sidewalk and bike lane interconnections with adjacent properties, where possible and practicable. I. All buildings shall be limited to five stories in height, inclusive of under building parking. m. The commercial component of the project shall be internally located with no direct access to adjacent external roadways, or the commercial component must have frontage on a road classified as an arterial or collector in the Transportation Element. n. If the commercial component is not internally located, then its frontage shall be no greater than twice its depth. o. For protects located along an arterial or collector road, the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adjacent arterial or collector roadway. Urban - Commercial District 8. Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed -use projects are intended to be developed at a human - scale, pedestrian- oriented, and interconnected with adjacent projects — whether commercial or residential. Within one year of the effective date of this subdistrict, the Land Development Code shall be amended, as necessary, to implement this subdistrict. Projects utilizing this Subdistrict shall comply with the following standards and criteria: 1. This subdistrict is applicable to the C -1 through C -3 zoning districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C -1 through C -3 zoning districts. 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subject property. 3. Residential density is calculated based upon the gross commercial project acreage. For Property in the Urban Residential Fringe Subdistrict, density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict but within the Coastal High Hazard Area, density shall be limited to four dwelling units per acre. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, density shall be limited to sixteen dwelling units per acre. 4. In the case of residential uses located within a building attached to a commercial building or in the case of a freestanding residential building, building square feet and Words in single °*...'. are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in ds-WO "ApAte4f;oug-h are deletions, and words in double _ underline are additions - since Transmittal. acreage devoted to residential uses shall not exceed fifty percent (50 %) of the gross buildinq square feet and acreage of the project. 5. Street, sidewalk and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. Urban - Mixed Use District 14. Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed -use projects are intended to be developed at a human - scale, pedestrian- oriented, and interconnected with adjacent projects — whether commercial or residential. This subdistrict is allowed in the Urban - Mixed Use District subject to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban - Commercial District. Urban - Commercial District 1. Mixed Use Activity Center Subdistrict [page 41 - new 5`h paragraph] For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. Mixed use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed. Such mixed -use projects are intended to be developed at a human - scale, pedestrian- oriented, and interconnected with adjacent projects — whether commercial or residential. Street, sidewalk and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. Density is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. Policy 5.1: [page 17] All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11., are not increased. However, for these properties approved for commercial and residential uses, an increase in the number of dwelling units may be permitted if accompanied by a reduction in commercial area such that the overall intensity of Words in single str-ik are deletions, and words in single under] ine are additions - as Transmitted on 7/29/03. Words in ,',,.., ' tWike khrHug -h are deletions, and words in double underline are additions -since Transmittal. �•I L overall intensity may result for these properties approved for commercial uses, residential units may be added as provided for in the Commercial Mixed Use Subdistrict. FUTURE LAND USE DESIGNATION DESCRIPTION SECTION: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7 Residential Mixed Use Neighborhood_ Subdistrict 8. Orange Blossom Mixed -Use Subdistrict 9. Goodlette /Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed -Use Subdistrict 12. Research and Technology Park Subdistrict 13. Buckley Mixed -Use Subdistrict 14. Commercial Mixed Use Subdistrict B. URBAN — COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston /Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road /Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict I. URBAN DESIGNATION [page 21] b. Non - residential uses including: 12. Commercial uses subject to criteria identified in the Urban -Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, , Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed -use Subdistrict, Goodlette /Pine Ridge Commercial Infill District, and Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Commercial Mixed Use Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, aPA Interchange Activity Center Subdistrict, a.R4 Livingston /Pine Ridge Commercial Infill Subdistrict, a-Rd Henderson Creek Mixed Use Subdistrict, aPA Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, ate Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict, and in the Bayshore /Gateway Triangle Redevelopment Overlay. 1 .................... ............................... 0 N N N N N ... 0 0 E 0§ a a N N 0 0 0 .000.0.. 1 Words in single strike = are deletions, and words in single underline are additions - as Transmitted on 4 7/29/03. Words in 4004 .'-"'@ ` are deletions, and words in double underline are additions - since Transmittal. FUTURE LAND USE MAP See two attached maps: Future Land Use Map — Existing Future Land Use Map — Proposed: change name of "Traditional Neighborhood Design Subdistrict" to "Residential Mixed Use Neighborhood Subdistrict ", and add "Commercial Mixed Use Subdistrict" under both the Urban — Mixed Use District and Urban — Commercial District. RECREATION AND OPEN SPACE ELEMENT The proposed text amendments to the Recreation and Open Space Element (ROSE) will be added after Policy 1.6.1, beginning on page 4 of the ROSE, and are as follows: [all new, beginning on page 4] GOAL 2: THE COUNTY SHALL DEVELOP A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Objective 2.1 By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify general areas where neighborhoods might request sites for future neighborhood Parks. Policy 2.1.1 The Parks and Recreation Department will develop a Neighborhood Park Plan and identify those sites or general areas for neighborhood parks on a Neighborhood Park Master Plan. This Plan will be developed by the year 2010 with citizen input to determine the types of recreational facilities particular communities would like to see within their neighborhoods. Policy 2.1.2 The Land Development Code shall be amended to include a new definition of useable open space that will provide for an open space area to be used as a neighborhood park for the recreational needs of the surrounding area. Policy 2.1.3 New neighborhood parks will be carefully sited and intentionally integrated into existinq residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED) Neighborhood parks may also be co located with churches, schools, or other recreational facilities Policy 2.1.4 Investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of neighborhood parks Policy 2.1.5 Encourage the development of sidewalks and bike lanes from the surrounding residential communities to park sites. Words in single stfike thfough are deletions, and words in single underline are additions - as Transmitted on 5 7/29/03. Words in dli-ke thffsugh are deletions, and words in doubic underline are additions - since ....._._------- -- Transmittal. GOAL 3: THE COUNTY SHALL DEVELOP A COMMUNITY AND REGIONAL PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Objective 3.1 By the year 2010 the Parks and Recreation Department will develop a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal and Immokalee Urban Areas and Northern Golden Gate Estates This plan will include the identification of future community and regional park sites (or general areas) park improvements cost estimates and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites. Policy 3.1.1 The Parks and Recreation Department will acquire land to meet the needs of the Community and Regional Park Plan including sufficient land to allow for a portion of these sites to remain in passive open space. Policy 3.1.2 The Parks and Recreation Department will design and construct the new community and regional parks. Policy 3.1.3 Continue to partner with the Collier County Public Schools to co- locate parks in conjunction with new school sites as they are identified and developed. Policy 3.1.4 Continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for community and regional parks. Policy 3.1.5 Investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of community and regional parks. Policy 3.1.6 Encourage the development of sidewalks and bike lanes from the surrounding residential communities to park sites. Policy 3.1.7 By the year 2010 the Parks and Recreation Department and the Transportation Operations Department will investigate the utilization of the existing canal and power line easements to create a greenway system throughout the coastal and Immokalee urban areas and Northern Golden Gate Estates. CPSP -03 -5 exhibit A Adoption to CCPC G, Comp, Comp Plan Amendments, 2003 cycle GMP Am dw/11 -19 -03 t ike thr-augh Words in single � are deletions, and words in single underline are additions - as 'Transmute on 7/29/03. Words in `' tti i@ . ,rik@ i "rt' are deletions, and words in double underline are additions - since Transmittal. T 48 S T 47 S T 48 S T 48 S T 50 S T 51 S T 52 S T 59 S 8A J- :.I G k a �- W " k Fog, MI �$ IF X i 4Y2 �F M J A! bbb -sY tl3 3M E ffiE "obi ec ❑Q®® MR, M®®IE W 0 � f a � W W N C W m N W n N C 5 I i W m � H � W W Z J T F W W N wti wy l Y 9 B4 1 1 9 Lt 1 1 8 94 1 13 84 1 1 3 08 L 1 8 19 1 1 S ZS 1 1 9 £9 1 W Iee W Im s W C A ° I M s 4HE W eke t T 48 S T 47 S T 48 S s »i 1 � ❑❑ � ❑ 06 ❑: wN 4 !� a log $ ytlg g� $ I m s W N 6 Q W rc w N Q +Ti O � N � Lu J W cc U ff L S 8trS 118 L4 1L4 1 T 48 S T 60 S T Si S 5�5 T 53 S i C W Im w .L ffi nV K 2 y art: � 4 �v �� £F� gib ••i� 8ai �qq�F W 9�CN is " At .5 Pc @a= �Eo S 8Y 1 S 8y 1 1 S 05 1 1 S l9 1 I S Z5 1 1 S E4 1 I '7 "'8 n Manatee Protection Plan (NR- SP- 93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps based upon the Plan's marina siting criteria.' ********************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FLUE, URBAN DESIGNATION [page 2241 "I. URBAN DESIGNATION: Urban Designated Areas will accommodate the following uses: b. Non - residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water- dependent and water - related uses (see Conservation and Coastal Management Element, Objective 444 10.1 and subsequent policies and the Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 ); 4. Child care centers; 5....17." FLUE, A. Urban - Mixed Use District [page 44 0 "This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non - residential land uses, including mixed -use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed -use sites of water - dependent and water - related land uses are permitted within the coastal region of this District. Mixed -use sites of water - dependent and water - related uses and other recreational uses may include water - related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water - dependent and /or water - related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Note: Collier County's Land Development Code allows for the construction of private boathouses and docks as an accessory use to permitted uses in the following zoning districts: Rural Agricultural (A), Residential Single Family, (RSF 1 -6), Residential Multiple Family (RMF 1 -6, 12, 16), Residential Tourist (RT), Village Residential (VR), and Mobile Home (MH). Marinas are a permitted use in the Commercial (C -3) and Commercial (C -4) Districts. Marinas are permitted as a conditional use in the RT District. Marinas and boat ramps are permitted as a conditional use in the Community Facility (CF) District. Boat yards and marinas are permitted as a conditional use in the VR District. The Collier County Manatee Protection Plan (NR- SP- 93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria." Words underlined are added; words 6461di threug# are deleted: 2 Words double underlined are added, words double struck through are deleted - both since Transmittal Hearings. Exhibit A ECONOMIC ELEMENT dPSP- 2003 -7 ECONOMIC ELEMENT GOAL 1: Collier County will achieve and maintain a diversified and stable economy by providing a positive business climate that assures maximum employment opportunities while maintaining a high quality of life. OBJECTIVE 1.1: Collier County will encourage the conservation and enhancement of those natural, cultural, and social resources that represent the foundation of the county's existing retirement, recreation, and tourist - oriented economy, in order to place Collier County in a competitive position to enable the retention and expansion of these and other business opportunities. POLICY 1.1.1: Collier County will encourage the development of diverse cultural facilities through public, private, or public /private partnerships that meet the needs of the residents and visitors of Collier County. POLICY 1.1.2: Collier County will support the opportunity for development and support of hospitals, nursing homes and additional medical related facilities in order to promote a continuum of care to enhance the quality of life throughout the county. POLICY 1.1.3: Collier County will cooperate with state entities and other social service providers to encourage the establishment of programs and facilities that assist the elderly population of Collier County. POLICY 1.1A Collier County will work with the sheriff, fire districts municipalities and other appropriate entities to provide a strong public safetv program capable of protecting the citizens of Collier County and their yopert rL POLICY 1.1.5: Collier County will support recycling programs in Collier County to protect natural resources, conserve energy, prolong the useful life of landfills and maintain a positive public image. POLICY 1.1.6: Collier County will support the protection of the environment that sustains the commercial fishing and tourist industries by opposing the leasing of off -shore tracts for the purpose of oil exploration and drilling The county will oppose off -shore oil drilling in the region south of latitude 27 degrees north to the state waters north of the Florida Keys and west to longitude 86 degrees west. POLICY 1.1.7: Collier County will encourage the preservation of sensitive natural resources, including beaches, wetlands, estuaries clean air and water, historic resources, scenic vistas and other unique natural resources Words underlined are added; words slthrough are deleted, Words double underlined are added; words double stfau& thrioug4 are deleted — both since Transmittal Hearings. s , POLICY 1.1.8: Collier County in response to the current and proiected needs of its residents will encourage a diverse mix of housing types, sizes, prices, and rents. OBJECTIVE 1.2: Collier County will support programs that are designed to expand and enhance the tourism industry. POLICY 1.2.1: Collier County will continue to support the area's domestic and international tourism oroarams to ensure continuation and expansion of the tourism industry. POLICY 1.2.2: Collier County will continue to support the local tourism industry and work with the community to position Collier County as a friendly and hospitable visitor destination. POLICY 1.2.3: Collier County will support appropriate entities toward positioning Collier County as a major aviation international port of entry. POLICY 1.2.4: Collier County will support the research efforts of appropriate entitles to accurately measure the economic impact of tourism and provide information for planning, marketing and management of tourism for both the private and public sectors. POLICY 1.2.5: Collier County will support the development of ecotourism in Collier County. OBJECTIVE 1.3: Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify Collier County's economic base. POLICY 1.3.1: Collier County will support efforts to formulate an economic development plan to assist local organizations in fostering the expansion and diversification of Collier County's economic base. POLICY 1.3.2: Collier County, in support of appropriate entities will support a coordinated local regional national and international marketing program that will identify and attract industrial commercial, and office space users. POLICY 1.3.3: Collier County will support the preparation of an annual report on the progress of economic development in Collier County. POLICY 1.3.4: Collier County will support a marketing program to actively pursue and encourage businesses to relocate to Collier County. POLICY 1.3.5: Collier County will study the economic incentives utilized by various Florida cities and counties that may also be utilized by Collier County to place the county in a competitive position to attract new businesses. Words underlined are added; words stfuek thfough are deleted, Words double underlined are added; words double swu@k t6p-oug4 are deleted — both since Transmittal Hearings. �r POLICY 1.3.6: Collier County, in coordination with appropriate entities, will support the expansion of international banking and finance to better accommodate the needs of international visitors to the area and that of local firms engaged in global markets. POLICY 1.3.7: Collier County will support the location of business and industry in the Foreign Trade Zone located at the Immokalee Airport. POLICY 1.3.8: Collier County, in coordination with appropriate entities, will continue programs that encourage and assist in the location of new companies that build on the traditional economic base. POLICY 1.3.9: Collier County will support the preparation of an annual report on the progress of existing industry expansions and traditional industry starts. POLICY 1.3.10: Collier County will support the protection and promotion of its existing water port developments. POLICY 1.3.11: Collier County will actively pursue state and federal funding for transportation improvements to the local, regional, state, and national highway system in Collier County. POLICY 1.3.12: Collier County, in coordination with other appropriate entities, will support the establishment and retention of small businesses throughout the County. POLICY 1.3.13: Collier County will encourage agriculture industry programs to maintain or improve its economic viability, provide necessary support and promote Collier County produce. OBJECTIVE 1.4: Collier County will support the economic development goals, efforts and community involvement of nonprofit organizations, civic associations and local groups and programs. POLICY 1.4.1 Collier County will support the economic development initiatives of regional nonprofit organizations. POLICY 1.4.2 Collier County will support the economic development goals and efforts of countywide organizations. POLICY 1.4.3 Collier County will support the economic development efforts of localized organizations. OBJECTIVE 1.5 Collier County will encourage the expansion and development of educational facilities and programs that complement economic development and diversification. Words underlined are added; words stfuek thr-eug-4 are deleted, Words double underlined are added; words double are deleted — both since Transmittal Hearings. IM, POLICY 1.5.1: Collier County will continue to coordinate with and assist the Collier County School Board in the orderly and rational expansion of educational facilities that enhance economic growth and a desired quality of life. POLICY 1.5.2: Collier County will promote the development of programs and facilities at institutions of higher learning including business and commerce, health services technologies, and education careers. POLICY 1.5.3: Collier County will encourage institutions of higher learninq to develop cooperative and integrated curriculums that enhance and increase the productivity of the local work force and attract industries and skilled workers. OBJECTIVE 1.6: Collier County will maintain a system of development regulations that will promote the accomplishment of the goals objectives and policies of this element. POLICY 1.6.1 Collier County will periodically review its land development regulations for consistency with the Collier County Growth Management Plan to promote the accomplishment of the goals, objectives and policies of this element. Words underlined are added; words stnae k thfe g-h are deleted, Words double underlined are added; words double sfm@k t4raoag4 are deleted — both since Transmittal Hearings. Exhibit A CAPITAL IMPROVEMENTELEMENT !TRANSPORTATION /FUTURE LAND USE ELEMENTS CPSP- 2003 -8 [CIE — Page 12] Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan final plat or building permit is issued; or B. The necessarv_facilities and services are under construction or the contract for such facilities and services has been let at the time a final site development plan final plat or building permit is issued; or C. The necessary facilities and services are in the first year of the Schedule of Capital Improvements and the Collier County Annual Budget adopted following each AUIR at the time a final site development plan, final plat or building permit is issued; or D. The necessary facilities and services are in the first year of FDOT 5 -Year Work Program at the time a final site development plan, final plat or building permit is issued; or E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this GMP and meets the applicable requirements of Policies 5.5 through 5.8 of the Transportation Element. F. The necessary facilities and services are the subject of a binding commitment with the Developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. Words underlined are added; words stfue k thfeugh are deleted. Words double underlined are added; words double are deleted — both since Transmittal Hearings. 00" 1 194'' wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww [Transportation — Page 14] Policy 5.2: Project traffic that is less thaR 1% or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development for de minimis impact shall be pursuant to Section 163.3180(6), F.S. Policy 5.3 The County wM conducted a Traffic Impact Vesting Affirmation Review ever the Rext yeaf in 2003 to determine for planning purposes only which developments are may be vested for concurrency. No legal determination of vested status for projects was made and even though the initial review indicated vesting, this finding does not provide a legal presumption that a protect is vested. All previously approved proiects must go through a vesting review pursuant to Section 3.15.7.2.6. of the Land Development Code, the be generated by these developmeRtS. During this pFeGess of Yesting , Words underlined are added; words str -aelE thfeugh are deleted. 2 Words double underlined are added; words double e t1woo are deleted — both since Transmittal Hearings. ■. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww [Transportation — Page 14] Policy 5.2: Project traffic that is less thaR 1% or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development for de minimis impact shall be pursuant to Section 163.3180(6), F.S. Policy 5.3 The County wM conducted a Traffic Impact Vesting Affirmation Review ever the Rext yeaf in 2003 to determine for planning purposes only which developments are may be vested for concurrency. No legal determination of vested status for projects was made and even though the initial review indicated vesting, this finding does not provide a legal presumption that a protect is vested. All previously approved proiects must go through a vesting review pursuant to Section 3.15.7.2.6. of the Land Development Code, the be generated by these developmeRtS. During this pFeGess of Yesting , Words underlined are added; words str -aelE thfeugh are deleted. 2 Words double underlined are added; words double e t1woo are deleted — both since Transmittal Hearings. Policy 5.4 To optimize the County's transportation analysis, the County shall prepare an analysis of the transportation system within the urban area utilizing SYNCHRO or other current traffic analysis techniques and tools by January 2004. Policy 5.5 Pursuant to Rule 9J- 5.0055(6)(a)3., F.A.C. and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of the GMP, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR -4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below. 1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J- 5.0055(3)(c) 1 -4, F.A.C. 2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.5 are exempt from the transportation requirements of 9J- 5.0055(3)(c) 1 -4, F.A.C. Policy 5.6 Developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification trom the Transportation Planning Division that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: .�_- -/ - • •./ • ,• � • �-�- -� � i-'i Otis, I', • /. • • -• /- -/ u glTransit subsid increase trap: Words underlined are added; words stfuek thfough are deleted. Words double underlined are added; words double are deleted — both since Transmittal Hearings. 1 h) Bicycle and Pedestrian facilities that would be expected to red travel and automobile work trips_ generated by the developmei i) Including residential units as a portion of a commercial project An applicant seeKing an exception from concurrence requirements Tor transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification all be required as a condition of development approval. Developments within the South U.S. 41 TCEA that whje4 do not provide certification shall meet all concurrency requirements. Whether or not a concurrence exception is requested, developments will be subject to a concurrence review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Policy 5.7 The County shall designate Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads are in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of this Element. The following Transportation Concurrence Management Areas are designated: 1 Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR -6). Policy 5.8 Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of this element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. Policy 5.9 Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and /or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in a�ee Policy 5.8, a proportionate share payment iqursuaRt tG Rule 9j 5.0055(g), F.A.G. shall be required as follows: Words underlined are added; words str-uc-lc thr-eag -h are deleted. 4 Words double underlined are added; words double are deleted — both since Transmittal Hearings. s` a. Proportionate share payments shall be calculated using the formula established in Rule 9J-2.045(2)(h), F.A.C. The facility cost for a constrained roadway link shall be established using a typical lane mile cost as determined by the Collier County Transportation Administrator of adding lanes to a similar area /facility type as the constrained facility. b. Proportionate share payments shall be utilized by Collier County to add trip capacity within the impacted TCMA road segment(s) and /or to enhance mass transit or other non - automotive transportation alternatives, which adds trip capacity within the impact fee district or adjoining impact fee district. p,. Proportionate share payments under this section are determined subsequent to a finding of concurrence fora proposed project within a TCMA and do not influence the concurrence determination process. I No impact will be de minimis if it exceeds the adopted level -of- service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. [FLUE — Page 44=]2] Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, TCEA, TCMA, add projects to the Capital Improvements Element, enter into a binding commitment with a Developer of to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. [FLUE - ] Policy 2.4 Pursuant to Rule 9J- 5.0055(66)(a) 3., F.A.C. and the Urban Infill and Urban Redevelopment Strategy contained in this element of the GMP, development located within the South U.S. 41 Transportation Concurrence Exception Area (TCEA) (See map TR -4) may be exempt from transportation concurrence requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policies 5.5 and 5.6 of the Transportation Element of the GMP. Developments within the South U.S, 41 TCEA that obtain an exception from concurrence requirements for transportation pursuant to the certification process described in Transportation Element Policy 5.6 of this GMP, and that include Affordable Housing (as C per Section 2.7.7 of the ollier County Land Development Code, as amended) as part of Words underlined are added; words stfeey th -eugh are deleted. 5 Words double underlined are added; words double are deleted — both since Transmittal Hearings. i Z their plan of development shall not be subject to the Traffic Congestion Density eduction, as contained in the Density Rating System of this Future Land Use Element Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrence requirements Whether or not a concurrence exception is requested, developments will be subiect to a concurrence review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Policy 2.5 The County shall designate Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads a in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of #f- the TransportatLQn Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element ef the -GMP. New Development within each TCMA shaLj2a consistent with the criteria set forth-io—Qbiective 6. and Polici es 6.1 through 6.S of this The following Transportation Concurrence Management Areas are hereby designated: 1 Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side: the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See map TR -51 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side: Collier Boulevard on the east side; Davis Boulevard on the south side and; Livingston Road (extended) on the west side (See map TR -6). [FLUE - New Objective /Page 19] Objective 6 Transportation Concurrence Management Areas (L MAs )ar aeoaraphi .ally compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a JQMA all occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and furth r the achievement of the following _identified Important state planning goals and poll i -ss discouraging the, nroliferat' urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit higyplinn walking and other alternatives to the single occupant automobile Transportation Con curreny Management Areas are hereby established in the specific geographic areas described in Policy 2.5 of this Element Policv 6.1 Collier County's designated Transportation Con currenc Manaa .meet Area (TCMAs) all discourage the proliferation of urban sprawl by promoting residential an Words underlined are added; words str-tiek thfough are deleted. 6 Words double underlined are added; words double stm@k �hraeug4 are deleted - both since Transmittal Hearings. Policy 6.4 I rezoning within the Transportation Conc urrency Manag .ment Area. (TCMAs) is encouraged to be in the form of a Planners Unit Development (PUD) Anv dev lopmen contained in a TCMA, whether submitt .d as a PUD or non -PUD r .zone shall be require to be consistent with the native vegetation preservation muirernents contained within Policy 6.1.1 of the Conservation and QQastaLManagement Element All new development. infill development or redevelopment within a Transportation Concurrence Management Area is subject to the historical and archaenlnnir+ai preservation criteria, as contain .d in nbiective 11.1 and PQkies 11 1 1 thro igh 11.1.3 of the Conservation and Coastal Management Element [FLUE Density Rating System /Page 38] a. Density Bonuses 7. Residential redevelopment or infill development that meets the criteria established in Policies 6.1 through 6.5 of this Element, and which occurs within a desianat Transportation Concurrence Management Area (TC AA) may add 3 residential Unots p gross Acre, density bonus shall not be available it the proposers development located within the Coastal High Hazard Area Additionally, in no instance shall the total project density exceed 16 units per gross acre. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Congestion Area If the project were within the Traffic Congestion Area, an area identified as subject to long -range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport - Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Furthermore this density reduction shall not apply to develppments located within the South U.S. 41 Traffic Con currency Exception Area (as identified yvithio Transportation Element. Map TR -4. and Poli .ies 5.5 ard 5.6, and FLUE Policy 2.4) that obtain an exception from concurrence requirements for transportatipn pursuant to the certification process described in Transportation Element Poliry 5.6 of this GM oni-1 at include Affordable Ho using (as per Section 22.7 of the Collier County Lan evelopment Code, as amended) as part of th it plan of development Words underlined are added; words stfuek thr-auo are deleted. g Words double underlined are added; words double mtFu@4 ilwough are deleted — both since Transmittal Hearings. EXHIBIT A Fil p N O �+h o n 1O II N ow o 0 E n orb � � M N � II II 11 G C U U U m L i ¢ >z Q W O H M M O L CL C O CL X LLJ � V t � r� d O V r- 0 u 5 U o 0 2 ID III U� COUNTY BARN RD U O � � Y cd M O U O p O z Q Lt y z W Y cd co o 00 kn M M M O U � cc c 0 / C3 z r m O Q� t- Q ■wm O AIRPORT PULLING RDA ' BAYSHORE DR a Z r x o ui m z a cy) a a W O tf) � Q = i o C) Fil p N O �+h o n 1O II N ow o 0 E n orb � � M N � II II 11 G C U U U m L i ¢ >z Q W O H M M O L CL C O CL X LLJ � V t � r� d O V r- 0 u 5 U o 0 2 ID III LU Z J F- z Z) O U LLI W J EXHIBIT A w a Oo W J q m J O (7 �� a• COLLIER BLVD LOGAN BLVD i i • i w VINEYARD BLVQ U Q Y , m � LIVINGSTON RD LIVINGSTON RD # _ -- m � f w e o - — •�^' z L w' OF C1�X1G0 ,• a AIRPORT PULLING RD � 2 -- w z n. w J GOODLETTE -FRANK RD I TAMIAMI TRL N; GULF SHORS DR lwv, 1, Lri O 0 w .8A i y U4 Ul c o E E N t' D B. N � V m C Zc nm oa r C N O C N N f N V L V Q 0U U� O Lc) i � Q r o C L 0 Z a m m� U-10 I l: , Lry SrIO� � I O VANDERBILT DR LEU am OF C1�X1G0 ,• a AIRPORT PULLING RD � 2 -- w z n. w J GOODLETTE -FRANK RD I TAMIAMI TRL N; GULF SHORS DR lwv, 1, Lri O 0 w .8A i y U4 Ul c o E E N t' D B. N � V m C Zc nm oa r C N O C N N f N V L V Q 0U U� O Lc) i � Q r o C L 0 Z a m m� U-10 I l: , Fl w so ❑ C w m . z wuj Z _ -- EZ a 0 w I � Z w ti EXHIBIT A Y � • ■ "Ilk D a. SANT:BARBARA BLVD i a i r Y CL w LIVINGSTON RD ¢ 9 OLD m a ❑ c 0 °1 Q� T ~ Wm- GOODLETTE RD N uS 1 a� N � �a O m0 U � (n N IL O C o v N f� U o~ t9 W Q Q a N y E ry U N � W L V O U 5 d b U U � � m N w z Z } �y f m r Z COLLIER BLVD Lo 0 ■ "Ilk D a. SANT:BARBARA BLVD i a i r Y CL w LIVINGSTON RD ¢ 9 OLD m a ❑ c 0 °1 Q� T ~ Wm- GOODLETTE RD N uS 1 a� N � �a O m0 U � (n N IL O C o v N f� U o~ t9 W Q Q a N y E ry U N � W L V O U 5 d b U U � � EXHIBIT A P 0 � U of s :N U � C C c or r % CD E c I � � w i Lo LL ,w y U, r N O C O � a � r �f K IL — - 1ST BIS I ... • L� W > i VENGLLOES 8LVV EVERGUOES BLW y�' Ill-- Jl L.y( ei. �' �q'•. 4A VIA- EF—P '•C v m a o 0 U � C7 j h w 3 U r Exhibit A Future Land Use Element CPSP- 2003 -9 V. OVERLAYS AND SPECIAL FEATURES [Pg. 50 74] -O E.. Airport Noise Area Overlay [Pg. 62�1Q4] The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 60" 65, 70 and 75 Ldn (day -night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 60 65 Ldn contour, the least severe impact of these theee four noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 60 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. Words underlined are added; words stFUsk throb are deleted. Words double underlined are additions, words double are deleted - both since transmittal. `8 W O , T 48 S T 41 S T 48 S T 48 S T 58 S T 51 S W Z: • �„S'',. CC W m rA iv W LT. W p 3 P C IN JR W IMMINIM1a W 3Y S z � K � �I�i� N , C W JF }f �� N C .. 1111111011111.1 ❑x ❑2 II-imum ® � 3� r y �j a a� �a,•$ ��3' F� .z ✓ lo i � �/' j ��i W W O , YW U a� ; W Z: • �„S'',. CC W m rA iv W LT. W p N P C 1 W IMMINIM1a W 3Y �I�i� N , C W N � Q Q YW U a� g W Z: • �„S'',. Rn W m rA iv W LT. aD T N � ae z U p W v W P Vp s P 1 W T 62 S T 53 S c S 3 • W I to C o �a o f M�xtic �• as y � u �.1 W Z: • �„S'',. Rn R iv - Y 1 IMMINIM1a �I�i� , W JF }f �� N C .. F� .z ✓ lo i � �/' j ��i �� I Ti C .ems �. YQ o �a o f M�xtic �• S 84 1 S [4 1 1 0 8f 1 I 8 84 1 1 8 89 1 1 8 l8 1 I S E9 1 1 8 £9 1 �a Rn R iv - Y 1 IMMINIM1a �I�i� , S 84 1 S [4 1 1 0 8f 1 I 8 84 1 1 8 89 1 1 8 l8 1 I S E9 1 1 8 £9 1 �a "8A December 1, 2003 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 89 -05 CP- 2003 -4 thru 2003 -9 Dear Pam: Please advertise the above referenced notice and map on Friday, December 5, 2003, and again on Wednesday, December 10, 2003. This advertisement should be a full page advertisement and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk Enclosures P.O. /Account # 111- 138317 - 649100 . s Ann P. Jennejohn To: Pam Perrell (E -mail) Subject: Amends 89 -05 Hi Pare, Could you please advertise the attached on Friday, December S and (again) on Wednesday December 10, 2003. Thank you, Ann Amends 89 -05 Minutes & Records ORD(s).doc i TCMA -TCEA- Concur rency MAP.pdf CPSP Amends School Map 2003 -2 89- 05.doc - Ad Only.pd... i TCMA -TCEA- Concur rency MAP.pdf Ann P. Jennejohn From: postmaster @clerk.collier.fl.us Sent: Monday, December 01, 2003 3:28 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) ATT74543.bct Amends 89 -05 i This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Monday, December 01, 2003 3:18 PM To: Ann P. Jennejohn Subject: Delivered: Amends 89 -05 IE Amends 89 -05 <<Amends 89 -05» Your message To: Pam Perrell (E -mail) Subject: Amends 89 -05 Sent: Mon, 1 Dec 2003 15:26:15 -0500 was delivered to the following recipient(s): legals on Mon, 1 Dec 2003 15:17:58 -0500 1 "8q Amends 89 -05 Ann P. Jennejohn From: legals [legals @naplesnews.com] Sent: Monday, December 01, 2003 3:31 PM To: Ann P. Jennejohn Subject: RE: Amends 89 -05 Pam handles these legals with a map. I have forwarded this info. to her her phone # is 263 -4832 if you need more inf. georgia - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Monday, December 01, 2003 3:26 PM To: Pam Perrell (E -mail) Subject: Amends 89 -05 Hi Pam, Page 1 of 1 Could you please advertise the attached on Friday, December 5 and (again) on Wednesday December 10, 2003. Thank you, Ann Minutes & Records <<Amends 89 -05 ORD(s).doc>> <<CPSP Amends 89- 05.doc>> <<School Map 2003 -2 - Ad Only.pdf>> <<TCMA- TCEA - Concurrency MAP.pdf>> 12/1/2003 Exhibit A CONSERVATION AND COASTAL MANAGEMENT ELEMENT FUTURE LAND USE ELEMENT CPSP- 2003 -6 MARINA SITING CRITERIA FOR ALL REMAINING COASTAL AREAS WITHIN COLLIER COUNTY CCME, Policy 7.1.2(2)(h) [page 31] i CCME, OBJECTIVE 7.2 [page 32] "Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through 7.2.4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents." CCME, Policy 7.2.1 [page 32] "The County shall apply the marina siting criteria contained in o„r..,, 7.4 .2 rrn(h) of this the Collier County's Manatee Protection Plan (NR- SP- 93 -01), May 1995 in order to direct increased boat traffic away from sensitive manatee habitats." CCME, Policy 7.2.3 [page 32] "In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 10.1.51. The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed." CCME, OBJECTIVE 10.1 [page 37] "Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Words underlined are added; words StFUGI< thFGugh are deleted: Words double underlined are added, words double struck through are deleted - both since Transmittal Hearings. .. _ -01 Mill! - ... i CCME, OBJECTIVE 7.2 [page 32] "Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through 7.2.4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents." CCME, Policy 7.2.1 [page 32] "The County shall apply the marina siting criteria contained in o„r..,, 7.4 .2 rrn(h) of this the Collier County's Manatee Protection Plan (NR- SP- 93 -01), May 1995 in order to direct increased boat traffic away from sensitive manatee habitats." CCME, Policy 7.2.3 [page 32] "In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 10.1.51. The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed." CCME, OBJECTIVE 10.1 [page 37] "Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Words underlined are added; words StFUGI< thFGugh are deleted: Words double underlined are added, words double struck through are deleted - both since Transmittal Hearings. VV8 14 r Exhibit A CONSERVATION AND COASTAL MANAGEMENT ELEMENT FUTURE LAND USE ELEMENT CPSP- 2003 -6 MARINA SITING CRITERIA FOR ALL REMAINING COASTAL AREAS WITHIN COLLIER COUNTY CCME, Policy 7.1.2(2)(h) [page 31] beat slips per 400 feet Gf SheF9!;Re feF all CCME, OBJECTIVE 7.2 [page 32] "Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through 7.2.4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents." CCME, Policy 7.2.1 [page 32] "The County shall apply the marina siting criteria contained in elea}er -the Collier County's Manatee Protection Plan (NR -SP 93-01), May 1995 in order to direct increased boat traffic away from sensitive manatee habitats." CCME, Policy 7.2.3 [page 32] "In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 44y 10.1.51. The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR- SP- 93 -01) May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed." CCME, OBJECTIVE 10.1 [page 37] "Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Words underlined are added; words fig# are deleted: Words double underlined are added, words double struck through are deleted - both since Transmittal Hearings. NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 2 time in the issue on December 5`s and 10th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I, Signature of affiant) Sworn to and subscribed before me Tais 12th day of December ,2003 (Signature of notary public) - °; . Harriett Bushong MY COMMISSION # DD234689 EXPIRES -` July 24, 2001 BONDED iHRU TROY FAIN INSURANCE ING e X Is i ,n 1G h; l: P� :c tc -I PUBLIC NOTI F. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTIC p rB I NOTI R E I NO'>it[ NOTICE OF INTENT TO CONSIDER ORDINANCE _. �tp Notice is hereby given that on Tuesday, December 16, 2003 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 E. Tamiaml Trati, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance, 2003 2nd Cycle Amendments to tf1 Collier County Growth Management Plan. The meeting will commence at 8:00 A.M. The title of the proposed Ordinance is as follows -The purpose'oF*W#WlM9_ Is to-coneft-ra recommendation on amendments to the Growth Management Plan. The Ordinance title is as follows: � ORDINANCE NO. 03- AN ORDINANCE AMENDING, ORDINANCE NO. •89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE ELEMENTAND FUTURE LAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTER PLAN, THE RECREATION, AND OPEN SPACE ELEMENT, THE IMMOKALEE r AREA MASTER PLAN; THE INTERGOVERNMENTAL COORDINATON ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, THE TRANSPORTATION ELEMENT, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND THE ADDITION OF AN ECONOMIC ELEMEMT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. • CPSP- 2003.4: • Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Intedocal Agreements ad ' County School Board and the Board of County Commissioners; referencing the Future Land Use M adopted in May 2003 by the Collier sites and school support facilities; referencing a map of existing school and school support Map (PLUM) Series depicting existing and future school zoning districts which allow and which do not allow school and school support facilitiespport facflRles in the FLUE support document; and, Identifying • Amending the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school support facilities. • Amending the Intergovernmental Coordination Element (ICE) to refer to the two Interlocal Agreements adopted In May 2003 between the Collier County _. School Board and the Board of County Commissioners. "- � :••Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted In May 2003 between the Collier County School Board and the Board of County Commissoners and to cross - reference the FLUE and ICE policies and FLUM series. • Amending the Imrh6kalee Area Master Plan to reference the two Interlocal Agreements adopted In May 2003 between the Collier County School Board and the Board of County CommisEoners and to cross - reference the FLUE and ICE policies and FLUM Series.' [Coordinator: David Week31 4 • CPSR2003 -5, Petition requesting text amendments to the Future Land Use Element and the Recreation and Open Space Element in order to incorporate the Communi Character /Smart Growth principles adopted by the Community Character /Smart Growth Advisory Committee, mostly pertaining to mixed use (residential and commercial) development. [Coordinator: David Weeks] • CPSP- 2003 -6, Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the County's Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP). [Coordinator: Darren Murphy] • CPSP- 2003.7, Petition requesting the adoption of a new Economic Element Including goals, objectives and policies to the Growth Management Plan. [Coordinator: David Weeks] • CPSR2003 -8, Petition Requesting amendments to the Capital Improvement - Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2)Transportation Concurrency Management Areas (TCMAs), and to adopt a map of the proposed TCMAs within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fa'•share do- 'oper contributions to the Multimodal Transportation Work rrogram c. a TCMA when directly Impacting a deficient road segment, [Coordinator: Stan Utsinger) . , CPSP 2M '9, Petition requ lMg changes to Overlays and - $peclaf i q Features Section of the Land Use Designation Descri*h' Section poiAftf 4 the Future Land Use Element and revisions to the Future Land Use Map (FLUM) to amend certain noise cotttpurs to correlatEf w ;the noise contours previously ch g plevalp amendment adopted,g4; a LW Amendt>Yertt,. , .. ' scheduled for January 7, 2004. [Coordinator: Marcia Kendall) All Interested parties are Invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for Inspection at the Collier Cour>plerk's,Otfl thtloo►t f4drhitsisilation Building, Collier County Government ' Center'East Napkta and at Comprehensive Planning Section, 2800 N Horseshoe Drive, Naples; Florida between the hours of 8:00 A.M. and 5:00 RM., Monday through Friday. Any questions pertaining to these documents should be { directed to the Comprehensive Planning Section. Written comments filed with the s Clerk to the Board's Office prior to December 16, 2003, will be read and considered at the public hearing. .. ff e persondeckiiie to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record Includes Me testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS' COLLIER COUNTY, FLORIDA TOW HENNING, CHAIRMAN/ } DWIGHT E. BROCK, CLERK .0 •Y_,•,. a2EI� a2IE... 1127E 8NF BYE', /s/Patilcla Morgan Deputy Clerk C ,wv � (staroom JACMMft M"Maomarp=uceoAOOri a�waw►• r—, WG °° ® "•'a` 1)r f0 wl- w O ow G ww..,w 0 — ©w ww� 0 owner G P�w ® ,.x, •.. ®wait ® ww wo•, ®wr „raw ®••^*• ®•Nbl iWY ® W OwYT ®IO,� wx %� ®w,14p ®,w1 ®rMMt i f�ir� 1�0QA��w 'Xmi ® .w.:nm, awn, •, w 'x . 0 �••� bw.w.ww an. � of A 11 1 830E 1137E 832 E a33E. M at {E • .0"y PRO" MOM .. ` , TWA. TNNM'OR A"M OO J=VaW, MWME isiff MA .. kd �. TM, TTWANDOWATM aor1oUFW$ rwyEXCEpTM APIA 71 ew. ww kVr res• corn ♦ � a �ti '6111vr County k nt n •Plo.rida TM �w �i, TORN C ,wv � (staroom JACMMft M"Maomarp=uceoAOOri a�waw►• r—, WG °° ® "•'a` 1)r f0 wl- w O ow G ww..,w 0 — ©w ww� 0 owner G P�w ® ,.x, •.. ®wait ® ww wo•, ®wr „raw ®••^*• ®•Nbl iWY ® W OwYT ®IO,� wx %� ®w,14p ®,w1 ®rMMt i f�ir� 1�0QA��w 'Xmi ® .w.:nm, awn, •, w 'x . 0 �••� bw.w.ww an. � of A 11 1 830E 1137E 832 E a33E. M at {E • .0"y PRO" MOM .. ` , TWA. TNNM'OR A"M OO J=VaW, MWME isiff MA .. kd �. TM, TTWANDOWATM aor1oUFW$ rwyEXCEpTM APIA 71 ew. ww kVr res• corn ♦ � a 18A EXECUTIVE SUMMARY = PUBLIC HEARING FOR THE 2003 CYCLE 2 GROWTH MANAGEMENT PLAN AMENDMENTS. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners to review the 2003 cycle 2 amendments to the Collier County Growth Management Plan and consider adopting, adopting with changes, or not adopting, said amendments. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan (GMP). • Resolution 97 -431, as amended, provides for a public petition process to amend the Collier County GMP. • The 2003 cycle 2 amendments include six County- initiated amendment petitions; there are no private sector - initiated amendments in this cycle. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing on July 18 „2003. The BCC held their Transmittal hearing on July 29, 2003. The Transmittal hearing recommendations of both the CCPC and BCC are contained in the CCPC adoption hearing Staff Report. • The Objections, Recommendations and Comments (ORC) Report from the Florida Department of Community Affairs (DCA), dated October 13, 2003, contained several objections, recommendations and comments relative to petition CPSP- 2003 -8, transportation concurrency management, and a comment relative to petition CPSP- 2003 -6, manatee protection plan. The ORC Report is contained in the back -up materials. • Staff's response to the ORC Report is contained in the CCPC Staff Report and in a document referenced in that Staff Report ( "CPSP- 2003 -8 Staff Response to Florida Department of Community Affairs' Objections, Recommendations & Comments Report "). • All six petitions have been modified since Transmittal hearings, as noted in this Summary. • The CCPC held their Adoption hearing on December 4, 2003. • This Adoption hearing considers amendments to the following Elements of the Plan: 0 Future Land Use Element (FLUE) and Future Land Use Map (FLUM) and Map Series 0 Golden Gate Area Master Plan ( GGAMP) 0 Immokalee Area Master Plan (TAMP) 0 Recreation and Open Space Element (ROSE) 0 Conservation and Coastal Management Element (CCME) 0 Transportation Element (TE) 0 Capital Improvement Element (CIE) 0 New Economic Element (EE) The underlying text of the FLUE, GGAMP and CIE, and the FLUM, has been modified since Transmittal hearings so as to reflect the 2002 cycle of GMP amendments. These previously adopted amendments were found "in compliance" with Florida Statutes by DCA and no Challenges were filed; as a result, these amendments are now in effect. Lim FISCAL IMPACT: There -are fiscal impacts to Collier County as a result of some of these amendments to the Growth Management Plan. Specifically: 1) Petition:QPSP- 2003 -4 will require future amendments to the Future Land Use Map as the School Board acquires new sites for future schools and support facilities. Existing staff resources will be used to prepare the amendments but legal advertising costs, or a portion thereof, will come from general revenue funds. [Total legal ad costs are in excess of $16,000 for the required four public hearings. However, GMP amendments are processed in a cycle typically containing several petitions that would share those advertising costs. Accordingly, it is anticipated that the cost to taxpayers would be far less than the $16,000 +.] 2) Petition CPSP- 2003 -5 will require the development of parks plans for neighborhood, community and regional parks; will require acquisition of land for these parks; and, will require design and construction of these parks. However, development of community and regional parks is already a GMP requirement based upon adopted Level of Service Standards. It is presumed that existing staff resources will be utilized to prepare parks plans, and that impact fees will be utilized for the capital expenditures for site acquisition and parks development for community and regional parks. Land acquisition and development for neighborhood parks is paid for by ad valorem taxes. 3) Also, some of these GMP amendments will require subsequent Land Development Code amendments; these will be prepared using existing staff resources. GROWTH MANAGEMENT IMPACT: This is an Adoption public hearing for the 2003 cycle 2 amendments to the Collier County Growth Management Plan. The Florida Department of Community Affairs (DCA) will have 45 days to review the adopted Plan amendments for compliance with Chapter 163, F.S. and Rule 9J -5 F.A.C., and to file a "Notice of Intent" to find the amendments "in compliance" or not "in compliance." If determined to be "in compliance ", and timely challenge to that determination is not filed by an affected party within 21 days, then the amendments will become effective. ENVIRONMENTAL ISSUES: No particular issues have been identified relative to protected plant or animal species, groundwater resources, or soils. Prior to development, subsequent development order approvals must be obtained (e.g. rezoning, subdivision plat and /or site development plan); these development orders would be reviewed for compliance with various environmental protection standards contained in the Land Development Code. Also, as applicable, subsequent development orders are subject to review for compliance with state and federal environmental protection regulations. HISTORICAUARCHAEOLOGICAL IMPACT: None of these amendments to the GMP contain lands identified as being in areas of historical or archaeological probability. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: Adopt the 2003 cycle 2 GMP amendments as modified since Transmittal hearings, as reflected in the CCPC Staff Report and in Exhibit "A" to the adoption ordinance. EAC RECOMMENDATION: Growth Management Plan amendments such as these (routine cycle amendments) are not reviewed by the EAC. CCPC RECOMMENDATION: The Collier County Planning Commission held their required public hearing on December 4, 2003. Due to deadline requirements, this Executive Summary was prepared prior to the CCPC hearing. Accordingly, the CCPC recommendations will be presented at the BCC hearing. A. PETITION CPSP - 2003 -4 _ 1. Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying zoning districts which allow and which do not allow school and school support facilities. 2. Amending the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school support facilities. 3. Amending the Intergovernmental Coordination Element (ICE) to refer to the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM Series. 4. Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM Series. 5. Amending the Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and Board of County Commissioners and to cross - reference the FLUD and ICE policies and FLUM Series. [coordinator: David Weeks] Petition CPSP- 2003 -4 has been modified regarding notice procedures when the School Board intends to acquire land for a future school or support facility, and to recognize that the means by - which land uses are allowed within the Rural Lands Stewardship Area Overlay are different from lands outside of the Overlay, as pertains to schools and support facilities. The proposed changes are reflected in the CCPC Staff Report. B. PETITION CPSP- 2003 -5 Petition requesting amendments to the Future Land Use Element and Future Land Use Map, and the Recreation and Open Space Element, in order to incorporate the recommendations of the Community Character /Smart Growth Advisory Committee, including establishment of the Residential Mixed Use Neighborhood Subdistrict and Commercial Mixed Use Subdistrict - both providing for mixed use residential /commercial development; adding specific provision for mixed use residential /commercial development within the Mixed Use Activity Center Subdistrict; and, adopting goals, objectives and policies specific to developing neighborhood, community and regional park systems. [Coordinator: John David Moss /David Weeks]. Petition CPSP- 2003 -5 has been substantially modified since Transmittal hearings to provide clarity and ease in implementation. The proposed changes are reflected in the CCPC Staff Report. C. PETITION CPSP- 2003 -6 Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP). [Coordinator: Darren Murphy] Petition CPSP- 2003 -6 has been modified slightly since Transmittal hearings to correct a policy reference. The proposed changes are reflected in the CCPC Staff Report. D. PETITION CPSP- 2003 -7 Petition requesting the adoption of a new Economic Development Element including goals, objectives and policies to the Growth Management Plan. [Coordinator: John David Moss & Randy Cohen]. Petition CPSP- 2003 -7 has been modified slightly since Transmittal hearings to delete specific reference to the Tourist Development Council. Other such specific entity references were deleted at the Transmittal hearings but this reference was inadvertently not removed. The proposed changes are reflected in the CCPC Staff Report. E. PETITION CPSP- 2003 -8 Petition requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of the proposed TCMA within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fairshare developer contributions, to the Multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment. [Coordinator: Stan Litsinger] Petition CPSP- 2003 -8 has been modified since Transmittal hearings in response to the ORC Report. The proposed changes, and support for those changes, are reflected in Attachment "A ", CPSP- 2003 -8 Staff Response to Florida Department of Community Affairs' Objections, Recommendations & Comments Report. F. PETITION CPSP - 2003 -9 Petition requesting change to Overlays and Special Features of the Land Use Designation Description Section of the Future Land Use Element, and revisions to the Future Land Use Map, to amend certain noise contours to correlate with the noise contours previously changed by a Land Development Code (LDC) amendment adopted on June 14, 2000, and an LDC amendment scheduled for adoption in January 2004. [Coordinator: Marcia Kendall]. Petition CPSP- 2003 -9 has been modified slightly since Transmittal hearings to further adjust the noise contours depicted on the Future Land Use Map. Though not easily discernable, the proposed changes are reflected on the Future Land Use Map attached as Exhibit "A" to the adoption ordinance. RECOMMENDATION: That the Board of County Commissioners adopt, or adopt with changes, and transmit to DCA and other required agencies, or not adopt, the 2003 cycle 2 Growth Management Plan amendments (CPSP- 2003 -4, -5, -6, -7, -8 and -9), as noted above and as recommended by the CCPC. r PREPARED BY: `-� "''�'� DATE: 1.1 Q 3 DAVID WEEKS, AICP CHIEF PLANNER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: DATE: %. / °U? STAN LITSIN R, AIC DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT APPROVED BY: VSEPH -r, DATE: S HMITT TOR VY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION EX SUM Adoption 2003 cycle II G, Comp, Comp Plan Amendments, 2003 cycle GMP Am dw/11 -26 -03 5 NOTE: The back -up material for this Executive Summary is abbreviated (due to the tremendous volume of materials, the size of some maps /plans, and the color copy of some documents which do not photocopy well in black and white). The complete back -up material for these Growth Management Plan amendments will be provided to the BCC approximately one week prior to the Dec. 16 hearing. The complete back -up material for these Growth Management Plan amendments is available for review, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., in the Comprehensive Planning Department, located in the Collier County Development Services Center at 2800 North Horseshoe Drive (phone: 239 - 403 - 2400). Also, on December 4, the day of the Board of County Commissioners' public hearing on these amendments, the complete back -up material will be available for review in the hallway outside the BCC Meeting Room, 3rd Floor, W. Harmon Turner Administration Building, at the Collier County Government Center, 3301 East Tamiami Trail. 1 J07% F 'A' Memorandum To: Collier County Board of County Commissioners From: Kristy Nimnuan, Planning Technician Date: December 8, 2003 Subject: Transmittal Cycle Growth Management Plan Amendments BCC Meeting: December 16, 2003 In an effort to minimize copying fees as well as reduce staff time used to assemble these amendments, we are requesting that the notebooks and all contents within them be available for pick -up by staff on December 17-2003. the day after the scheduled public hearing Please leave them with Sue Filson BCC office oor. Staff will then reuse the notebooks and all contents, forwarding to the Florida Department of Community Affairs. Cc: Joseph K. Schmitt, Administrator (w /o attachment) Stan Litsinger, AICP, Comprehensive Planning Director File /copy for public review (w /attachment) Comprehensive Planning Department Collier County 2002/2003 GROWTH MANAGEMENT PLAN AMENDMENTS ADOPTION HEARINGS CCPC December 4, 2003 BCC December 16, 2003 " A , *,r CCPC Recommendations from their December 4 2003 Public Hearing on the 2003 cycle 2 Growth Management Plan Amendments A. CPSP - 2003 -4 Petition requesting amendments to the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying zoning districts which allow and which do not allow school and school support facilities; requesting amendments to the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school support facilities; requesting amendments to the Intergovernmental Coordination Element (ICE) to reference the two Interlocal Agreements adopted in May 2003; and, requesting amendments to the Golden Gate Area Master Plan and Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 and to cross - reference the FLUE and ICE policies and FLUM Series. CCPC Recommendation: By vote of 8/0, the CCPC recommended the BCC adopt petition CPSP- 2003 -4 as presented by staff, subject to two changes: 1) amend FLUE Policy 5.14d. to expand the notice requirement when the School Board is considering acquisition of a site from "adjacent" property owners to those within 500 feet if in the urban area, and to those within 1,000 feet if outside the urban area (same notice requirements as apply to rezone petitions); and, 2) amend FLUE Policy 5.14e. to add the requirement that high schools proposed in the E, Estates zoning district also must undergo a compatibility review and determination, the same as for residential zoning districts. The CCPC- recommended changes are depicted below. Speakers: A representative of the School District was in attendance and addressed the CCPC regarding the notice requirement in FLUE Policy 5.14d. #1. FUTURE LAND USE ELEMENT New Policy 5.14 Policy 5.14: Public educational plants and ancillary plants• a. Existing public educational plants and ancillary Plants: The sites containing existing public educational plants (schools and associated on -site facilities including sports stadiums gymnasiums and recreation areas) and ancillary plants (support facilities including administrative offices transportation facilities maintenance yards and bus barns) are depicted on the Future Land Use Map Series This includes four sites where educational Plants have been approved but construction either has not commenced or is not completed More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document 1 Words underlined are added; words &tFae'n44Fetisa are deleted. Words do bl JQ1 und erlined are added; words hfough are deleted — both since Transmittal hearings. Words shaded and doub] rid rlin d are added; words are deleted — by the CCPC at their Adoption hearing. L Expansion of these educational plants and ancillary plants on these existing sites, as well as expansions to the sites themselves are subject to the provisions outlined in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and .163.31777, F.S., on May 15 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted. b Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants Most of these sites are consistent with locational criteria in the FLUE GGAMP or IAMP as applicable and are allowed within the existing zoning district on the property' these sites are depicted on the Future Land Use Map Series As consistency is achieved for the remaining sites via future GMP amendments and /or zoning amendments and /or conditional use approvals these sites will be added to the Future Land Use Map Series Development of the mapped sites shall be subject to the provisions of the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 F S on May 15 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners, and subiect to the implementing land development regulations to be adopted. C. Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants Most of these sites are consistent with locational criteria in the FLUE GGAMP or IAMP as applicable and are allowed within the existing zoning district on the property' these sites are depicted on the Future Land Use Map Series. As consistency is achieved for the remaining sites via future GMP amendments and /or zoning amendments and /or conditional use approvals these sites will be added to the Future Land Use Map Series Development of the mapped sites shall be subject to the provisions of the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F S on May 15 2003 by the Collier County School Board and on May 27. 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted. d Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE GGAMP or IAMP as applicable, and allowed by existing zoning on the site these sites will be added to the Future Land Use Map Series, as provided for in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 F S on May 15 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners Future development of these sites will be subject to the provisions of the two Interlocal Agreements and subject to the implementing land development regulations to be adopted 9feeaeg pPrior to site acquisition the Collier County School District will provide notification to 4PPO-Oted asilacent property owners. [CCPC: In the preceding sentence, delete "adjacent" and add text so that the sentence reads as follows: Prior to site acquisition the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban designated area of the Future Land Use Element of the Growth Management Plan notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition 2) for sites not located within the Urban designated area of, the Future Lang Words underlined are added; words stFaek thfeugh are deleted. a L, ,_ .ti_ Words double underlined are added; words �� -� ■= ®ems are deleted -both since Transmittal hearings. Words Shaded and double underlined are added; words are deleted - by the CCPC at their Adoption hearing. 8A Use Element of the Gromdb_Maoagament Plan notices shall he cent to a-111-owners of property 1 000 linear feet of the nrnnprt., line° of the Tito under considerakQn fora nuisitinn 1 At the public hearing to consular the land acquisbm AaII public commentary received as a result of these notices will be provided to the Collier County School Board e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19 2002 or the Rural on OQtQber 22, 2GQ2,,-all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT) Golf Course (GC) Conservation (CON) Travel Trailer Recreational Vehicle Campground (TTRVC) Business Park (BP), and Industrial (1) zoning districts 12) Educational plants are permitted by right in all other zoning districts However for a hiah school facility to be located in any residential zoning district or E Estates zoning district or residential component of a PUD a formal compatibility review and determination is required, as set forth in the Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777 F S on Mav 15 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners f. Zoning district provisions for future ancillary plants: Except to the extent that such would-be in conflict with the Rural Fringe Mixed Use District adopted on June 19 2002 orlbe Rural Lands Stewardship Area nverlav arinnte on October zz Z all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Familv (RSF 1 throuah RSF 6) Mobile Home (MH) Travel Trailer Recreational Vehicle Campground (TTRVC) Golf _ Course (GC), and Conservation (CON) zoning districts 2 Ancillary plants are permitted by right in the General Commercial (C-4), Heavy Commercial (G5). and Industrial (1) zoning districts (3) Ancillary plants are permitted by conditional use approval in all other zoning districts #2 FUTURE LAND USE ELEMENT Future Land Use Map Series List FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9, 5.10, 5.11) Natural Resources Wetlands Map Wellhead Protection Areas Bayshore /Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Existing Sites For Future Public Educational Plants and Ancillary Plants #3 FUTURE LAND USE MAP SERIES see two NEW Maps titled: Words underlined are added; words &6%e'_ "hf__alr are deleted. Words double underlined are added; words ugk are deleted — both since Transmittal hearings. Words shaded and doublf, underfined are added; words are deleted — by the CCPC at their Adoption hearing. • 1 "Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities)" and "Existing Sites For Future Public Educational Plants and Ancillary Plants" #4 GOLDEN GATE AREA MASTER PLAN ELEMENT New Policy 1.1.7 Policy 1.1.7: The sites containing existing public educational plants and ancillary plants and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants within the GGAMP area are depicted on the Future Land Use Map Series in the countywide FLUE and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 F S. on May 15, 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. #5 IMMOKALEE AREA MASTER PLAN ELEMENT New Policy 11.1.7 Policy 1.1.7: The sites containing existing public educational plants and ancillary plants and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants within the [AMP area are depicted on the Future Land Use Map Series in the countywide FLUE and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subiect to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 F S on May 15 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted All future educational plants an_ d ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. #6 INTERGOVERNMENTAL COORDINATION ELEMENT Revise Policy 1.2.6 Policy 1.2.6: The County shall continue to coordinate with the Collier County School Board on the site selection for new seheels public educational plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants seheal faG in accordance with the two Interlocal Agreements adopted in accordance with Chapter Sections 163.3177(6)(h) and 163.31777, F.S.,, on May 15 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners June 25, 4 ° °6. B. CPSP- 2003 -5 Petition requesting amendments to the Future Land Use Element and Future Land Use Map, and the Recreation and Open Space Element, in order to incorporate the recommendations of the Community Character /Smart Growth Advisory Committee, including establishment of the Residential Mixed Use Neighborhood Subdistrict and Commercial Mixed Use Subdistrict - both providing for mixed use residential/ 4 Words underlined are added; words stfuek through are deleted. Words double underlined are added; words a ' ' ° "'o•• are deleted — both since Transmittal hearings. Words shaded and doubt e underlined are added; words ohadod ond dotwo siwoii shpotigh are deleted —by the CCPC at their Adoption hearing. � J commercial development; adding specific provision for mixed use residential/ commercial development within the Mixed Use Activity Center Subdistrict; and, adopting goals, objectives and policies specific to developing neighborhood, community and regional park systems. CCPC Recommendation: By vote of 8/0, the CCPC recommended the BCC adopt petition CPSP - 2003 -5 as presented by staff, subject to three changes: 1) amend the Residential Mixed Use Subdistrict, paragraph I., in the FLUE, from a five story height to a specific number of feet — staff to meet with the Community Character /Smart Growth Advisory Committee to derive this figure; 2) amend FLUE provisions where zoning district reference occurs to indicate it is the zoning district as exists on date of adoption of this Plan amendment (requested by County Attorney's Office); and, 3) in Objective 3.1 and Policy 3.1.7 of the Recreation and Open Space Element, clarify by indicating the excluded areas. The CCPC- recommended changes are depicted below except for the height change; staff will attempt to meet with the Community Character /Smart Growth Advisory Committee to discuss the height change but, if unsuccessful, staff will propose a height figure. Speakers: None. 5 Words underlined are added; words s6- dek threugh are deleted. Words do Ie underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double and rlin d are added; words are deleted — by the CCPC at their Adoption hearing. A WA 'n nnnr sm 5 Words underlined are added; words s6- dek threugh are deleted. Words do Ie underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double and rlin d are added; words are deleted — by the CCPC at their Adoption hearing. A WA 5 Words underlined are added; words s6- dek threugh are deleted. Words do Ie underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double and rlin d are added; words are deleted — by the CCPC at their Adoption hearing. mulm- 11, Words underlined are added; words °" ^ are deleted. Words double underlined are added; words 4@o4 @I@ `` - "" °` are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC at their Adoption hearing. P MIMIMI 7jwo o RRIMM _.�- ___ -_- - _ - ._._ -.. _. _.- •ate--- -.-�� -a - -. _..�_- �a-a�-- .�_a.-a Wa •��-� � iii. -_. fmf mum MEN 3 Words underlined are added; words °" ^ are deleted. Words double underlined are added; words 4@o4 @I@ `` - "" °` are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC at their Adoption hearing. _. .. .., . _ its p iAFi - the 1 n 1 �+ n cl + 4 +' 1 7 Words underlined are added; words 4RWk4hFeug4 are deleted. Words double underlined are added; words kobio siffi@k thPoo&4 are deleted — both since Transmittal hearings. Words shaded and double and rlin d are added: words are deleted — by the CCPC at their Adoption hearing. 8A. y Urban - Mixed Use District 7, TraditiGnal Neighlb Fheed Design Residential Mixed Use Neighborhood Subdistrict The purpose of this pFeYiscieR subdistrict is to encourage ,, B enghh.. —GtwRt m iypi all human- scaled , TAi-rtva �l}.jfea-- �s�e� -.o.�r %i- lf� ®� aviFeet��9��*� __, pedestrian - Oriente interconnected residential neighborhood projects that il�clude a mix of commercial uses, ' civic amenities, and institutional uses that complement each other. The purpose of the commercial component is to provide retail. office and personal service uses to serve the needs of the subject neighborhood and surrounding residential neighborhoods where there is no existing nearby opportunity for those commercial needs to be met Within the commercial component mixed use residential /commercial is allowed The commercial component may be located internal to the project or along the boundary: if externally located frontage and access should be restricted so as not to promote strip commercial development A grid pattern is u 1 ii the basis for the transportation network and typically includes interconnections for vehicles, pedestrians and bicycles. Within one year of the effective date of this subdistrict. the Land Words underlined are added; words '^ate are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC at their Adoption hearing. M. adjacent external roadways or the commercial component must nave trontage on a roau classified as an arterial or collector in the Transportation Element n. If the commercial component is not internally located, then its frontage shall be no greater than twice its depth o. For projects located along an arterial or collector road the number and type of access points shall be limited as appropriate so as to minimize disruption of traffic flow on the adjacent arterial or collector roadway. #3. FUTURE LAND USE ELEMENT Establish Commercial Mixed Use Subdistrict in the Urban — Commercial District Urban - Commercial District Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses The residential uses may be located above commercial uses in an attached building or in a freestanding building Such mixed use projects are intended to be developed at a human -scale pedestrian- oriented. and interconnected with adjacent projects — whether commercial or residential Within one year of the effective date of this subdistrict the Land Development Code shall be amended as necessary to implement this subdistrict. Projects utilizing this Subdistrict shall comply 1. This subdistrict is applicable to the with the followina standards and criteria C -1 through C -3 zoning districts anCL to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C -1 through C -3 zoning districts. 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the 3. Residential density is calculated based subject property upon the gross commercial project acreage For property in the Urban Residential Fringe Subdistrict density shall be as limited by that Subdistrict For property not within the Urban Residential Fringe Subdistrict but within the Coastal High Hazard Area density shall be limited to four dwelling units per acre. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal Hiah Hazard Area density shall be limited to sixteen dwelling units per acre 4. In the case of residential uses located within a building attached to -a commercial building or in the case of a freestanding residential building. building square feet and acreage devoted to residential uses shall not exceed fifty percent (70 %) of the gross uilding square feet and acreage 5. Street pedestrian pathway and of the proiect. bike lane interconnections with adjacent properties where possible and practicable are encouraged #4. FUTURE LAND USE ELEMENT Establish Commercial Mixed Use Subdistrict in the Urban — Commercial District Urban - Mixed Use District Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses The residential uses may be located above commercial uses, in an attached building. or in a freestanding building. Such mixed -use proiects are intended to be developed at a human - scale._ pedestrian- oriented. and 10 Words underlined are added; words st^ eugh are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words shojed and 4suble 96m@k ihwug4 are deleted — by the CCPC at their Adoption hearing. 84 interconnected with admacent projects — whether commercial or residential, This subdistrict is allowed in the Urban - Mixed Use D-is&ict subiect to sub - the sta6a. • Rd.criteria set forth 1• Commercial Mixed Use Subdistrict-in the Urban - CommerQ:iaLDiBtrricL #5. FUTURE LAND USE ELEMENT Amend Mixed Use Activity Center Subdistrict Urban - Commercial District 1. Mixed Use Activity Center Subdistrict For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. • • - l- - •1 L- • - •-1 •-•- .1 •. • • •. Lff !1 r. • W -- 1: - 1 L • I I ; 11 - !- #6. FUTURE LAND USE ELEMENT Amend Policy 5.1 Policy 5.1: All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11} are not increased. However, for these properties approved for commercial and residential uses, an inf rP.aca in the number of dwelling units may be permitted if accompanied by a reduction in commercial area such thaLtNe overall inten�it of development allowed by -the new zoning district is not increased Further though an inrrcace in overall intensity may result_ for th ae properties approved far commercial uses, residential units may be added as provided for in the Commercial Mixed Use Subdistrict. #7. FUTURE LAND USE ELEMENT Amend Policy 1.1 11 Words underlined are added; words stmek t feuo are deleted. Words double underlined are added; words are deleted - both since Transmittal hearings. Words shaded and double underlined are added; words are deleted - by the CCPC at their Adoption hearing. B. URBAN — COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston /Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road /Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict #8. FUTURE LAND USE ELEMENT Amend Urban Designation 1. URBAN DESIGNATION b. Non - residential uses including: 12. Commercial uses subject to criteria identified in the Urban -Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional NeighbeFhead Design , Residential Mixed Use Neighborhood GoPWF Subdistrict, Orange Blossom Mixed -use Subdistrict, Goodlette /Pine Ridge Commercial Infill District, eAd Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Commercial Mixed Use Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, efw Interchange Activity Center Subdistrict, aod Livingston /Pine Ridge Commercial Infill Subdistrict, QAd Henderson Creek Mixed Use Subdistrict, aod Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, oad Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict, and in the Bayshore /Gateway Triangle Redevelopment Overlay. #9. FUTURE LAND USE MAP See two attached maps: 12 Words underlined are added; words st^ uekthraugh are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted— by the CCPC at their Adoption hearing. 8 Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed -Use Subdistrict 9. Goodlette /Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed -Use Subdistrict 12. Research and Technology Park Subdistrict 13. Buckley Mixed -Use Subdistrict 14. Commercial Mixed Use Subdistrict B. URBAN — COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston /Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road /Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict #8. FUTURE LAND USE ELEMENT Amend Urban Designation 1. URBAN DESIGNATION b. Non - residential uses including: 12. Commercial uses subject to criteria identified in the Urban -Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional NeighbeFhead Design , Residential Mixed Use Neighborhood GoPWF Subdistrict, Orange Blossom Mixed -use Subdistrict, Goodlette /Pine Ridge Commercial Infill District, eAd Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Commercial Mixed Use Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, efw Interchange Activity Center Subdistrict, aod Livingston /Pine Ridge Commercial Infill Subdistrict, QAd Henderson Creek Mixed Use Subdistrict, aod Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, oad Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict, and in the Bayshore /Gateway Triangle Redevelopment Overlay. #9. FUTURE LAND USE MAP See two attached maps: 12 Words underlined are added; words st^ uekthraugh are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted— by the CCPC at their Adoption hearing. Future Land Use Map — Existing Future Land Use Map — Proposed: change name of "Traditional Neighborhood Design Subdistrict" to "Residential Mixed Use Neighborhood Subdistrict ", and add "'Commercial Mixed Use Subdistrict" under both the Urban — Mixed Use District and Urban — Commercial District. #10. RECREATION AND OPEN SPACE ELEMENT Add Goals 2 and 3 and subsequent Objectives and Policies GOAL 2: THE COUNTY SHALL DEVELOP A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Objective 2.1 By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify -general areas where neighborhoods might request sites for future neighborhood parksi 814d iFA1YF@V@R4@R4@ ...� .. Policy 2.1.1 The Parks and Recreation Department will develop a Neighborhood Park Plan and identify those sites or general areas for neighborhood parks on a Neighborhood Park Master Plan. This Plan will be developed by the year 2010 with citizen input to determine the tvpes of recreational facilities particular communities would like to see within their neighborhoods Policy 2.1.2 - The Land Development Code shall be amended to include a new definition of useable open space that will provide for an open space area to be used as a neighborhood park for the recreational needs of the surrounding area Policy 2.1.3 New neighborhood parks will be carefully sited and intentionally integrated into existing residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED) Neighborhood parks may also be co located with churches schools, or other recreational facilities Policy , ra too .. Policy 2.1.5 Encourage the development of pedestrian nath�hiav5 and bike lanes from the surrounding msidential communities to park saes COAL 3• THE COUNTY SHALL DEuF� np A COMML1Nn'y elan QC/'`IAAIAI nAOV �..�.T. - NTS .. TO PROVIDE USFnRi F naFN eDA�C T� v�FFT THE REORFe•rinNe� NEEDS OF RESIDE WITHIN TH �OMM �NITV Objective 3y By the year 2010, the Parks and Recreation Department will develop a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 13 Words underlined are added; words &tFuek4hfeu0 are deleted. Words do Bble underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double nd rlin d are added; words are deleted — by the CCPC at their Adoption hearing. MON 15 to 20 minute drive of residents within the Ise coastal Urban designated area eAd The Immokalee Urban designated area, A and Northern Golden Gate Estates (this excludes Conservation designated areas Agricultural /Rural designated areas Southern Golden Gate Estates and the outlying Urban designated areas of Copeland Port of the islands. Plantation Island and Chokoloskee) This plan will include the identification of future community and regional park sites (or general areas) park improvements cost estimates and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites. Policy 3.1.1 le i 949�4The Parks and Recreation Department will acquire land to meet the needs of the Community and Regional Park Plan including sufficient land to allow for a portion of these sites to remain in passive open space. Policy 3.1 -21 I I I Ry 2949, 4The Parks and Recreation Department will design and construct the new community and regional parks. Policy 3.1.3 ; Continue to partner with the Collier County Public Schools to co- locate oeawwm4iW parks in conjunction with new school sites as they are identified and developed. Policy 3.1.4 14 Continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for community and regional parks. Policy 3.1.5 2wM Investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of sr€, community= and regional parks. Policy 3.1.6 244 Encourage the development of and bike lanes pat4s from the surrounding residential communities to park sites. Policy 3.1.7 244 By the year 2010 the Parks and Recreation Department and the Transportation Operations Department will investigate the utilization of the existing canal and power line easements to create a qreenway system throughout the GF@at@F Naples coastal Urban designated area 0444 Immokalee Urban designated area Afsas and Northern Golden Gate Estates (this excludes Conservation designated areas Agricultural /Rural designated areas Southern Golden Gate Estates and the outlying Urban designated areas of Copeland Port of the Islands. Plantation Island and Chokoloskeel C. CPSP- 2003 -6 Petition requesting adoption of the Collier County Manatee Protection Plan, and requesting amendment of the goals, objectives and policies of the Conservation and 14 Words underlined are added; words stFaek threHgh are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words oiqad@d ond dowO 1@ swoek thF8t*O are deleted — by the CCPC at their Adoption hearing. Coastal Management Element and the Future Land Use Element, to establish the Manatee Protection Plan. CCPC Recommendation: By vote of 8/0, the CCPC recommended the BCC adopt petition CPSP- 2003 -6 as presented by staff. Speakers: One person spoke, seeking clarification of the amendment. #1 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Delete Policy 7.1.2(2)(h) Policy 7.1.2(2) #2 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Revise Objective 7.2, Policies 7.2.1 and 7.2.3, and Objective 10.1 Objective 7.2 Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through 7.2.4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents. Policy 7.2.1 The County shall apply the marina siting criteria contained in Pelie y 7.1.2 J7\/h1 f .h ` the Collier County's Manatee Protection Plan (NR- SP- 93 -01) May 1995 in order to direct increased boat traffic away from sensitive manatee habitats. Policy 7.2.3 In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. tBeference Policy 44=- 10.1.51_ The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed. 15 Words underlined are added; words &Waek4hfough are deleted. Words double end rlin d are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC at their Adoption hearing. - ` - -- - - - - - -- - ... -- _ - #2 CONSERVATION AND COASTAL MANAGEMENT ELEMENT Revise Objective 7.2, Policies 7.2.1 and 7.2.3, and Objective 10.1 Objective 7.2 Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through 7.2.4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents. Policy 7.2.1 The County shall apply the marina siting criteria contained in Pelie y 7.1.2 J7\/h1 f .h ` the Collier County's Manatee Protection Plan (NR- SP- 93 -01) May 1995 in order to direct increased boat traffic away from sensitive manatee habitats. Policy 7.2.3 In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. tBeference Policy 44=- 10.1.51_ The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed. 15 Words underlined are added; words &Waek4hfough are deleted. Words double end rlin d are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC at their Adoption hearing. Objective 10.1 Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR-SP- 93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities and boat ramps based upon the Plan's marina siting criteria. #3. FUTURE LAND USE ELEMENT Revise Urban designation I. URBAN DESIGNATION: Urban Designated Areas will accommodate the following uses: b. Non - residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water- dependent and water - related uses (see Conservation and Coastal Management Element, Objective 444 10.1 and subsequent policies and the Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 GORtained on the Land [)eyeaepment Gede); 4. Child care centers; 5....17. #4. FUTURE LAND USE ELEMENT Revise Urban - Mixed Use District A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non - residential land uses, including mixed -use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed -use sites of water - dependent and water - related land uses are permitted within the coastal region of this District. Mixed -use sites of water - dependent and water - related uses and other recreational uses may include water - related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water - dependent and/or water - related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Note' Collier County's Land Development Code allows for the construction of private boathouses and docks as an accessory use to permitted uses in the following zoning districts' Rural Agricultural (A) Residential Single Family, (RSF 1 -6), Residential Multiple Family (RMF 1 -6 12 16) Residential Tourist (RT) Village Residential (VR), and Mobile Home (MH) Marinas are a permitted use in the Commercial (C -3) and Commercial (C -4) Districts. Marinas are permitted as a conditional use in the RT District. Marinas and boat ramps are permitted as a conditional use in the Community Facility (CF) District. Boat yards and marinas are permitted as a conditional use in the VR District The Collier County Manatee Protection Plan (NR- SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities and boat ramps based upon the Plan's marina siting criteria. 16 Words underlined are added; words stmeugh are deleted. Words double underlined are added; words 4@ %b h -` ``__" "` are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words okad@d and ElmAio 9imaii ihfougk are deleted — by the CCPC at their Adoption hearing. D. CPSP- 2003 -7 Petition requesting adoption of an Economic Element to the Growth Management Plan, including goals, objectives and policies (new Element). CCPC Recommendation: By vote of 8/0, the CCPC recommended the BCC adopt petition CPSP- 2003 -7 as presented by staff. Speakers: None. #1 ECONOMIC ELEMENT New Element GOAL 1: Collier County will achieve and maintain a diversified and stable economy by Providing a positive business climate that assures maximum employment opportunities while maintaining a high quality of life Objective 1.1: Collier County will encourage the conservation and enhancement of those natural. cultural. and social resources that represent the foundation of the county's existing retirement, recreation, and tourist- oriented economy in order to place Collier County in a competitive position to enable the retention and expansion of these and other business opportunities. Policy 1.1.1: Collier County will encourage the development of diverse cultural facilities through public, private or public /private partnerships that meet the needs of the residents and visitors of Collier County. Policy 1.1.2: Collier County will support the opportunity for development and support of hospitals, nursing homes and additional medical related facilities in order to promote a continuum of care to enhance the quality of life throughout the county. Policy 1.1.3: Collier County will cooperate with state entities and other social service Providers to encourage the establishment of programs and facilities that assist the elderly population of Collier County. Policy 1.1.4: Collier County will work with the sheriff, fire districts municipalities and other appropriate entities to provide a strong public safety proaram capable of protecting the citizens of Collier County and their property. Policy 1.1.5: Collier County will support recycling programs in Collier County to protect natural resources, conserve energy, prolong the useful life of landfills and maintain a positive public image. Policy 1.1.6: Collier County will support the protection of the environment that sustains the commercial fishina and tourist industries by opposing the leasing of off shore tracts for the purpose of oil exploration and drilling The county will oppose off shore oil drilling in the region south of latitude 27 dearees north to the state waters north of the Florida Keys and west to longitude 86 degrees west 17 Words underlined are added; words &tF�h Feuglr are deleted. Words double underlined are added; words 9@0bio are deleted — both since Transmittal hearings. Words shaded and do bi . underlined are added; words shaded and are deleted— by the CCPC at their Adoption hearing. Policy 1.1.7: Collier County will encourage the preservation of sensitive natural resources including beaches wetlands estuaries clean air and water, historic resources, scenic vistas and other unique natural resources. Policy 1.1.8: Collier County, in response to the current and projected needs of its residents will encourage a diverse mix of housing types, sizes, prices, and rents. Objective 1.2: Collier County will support programs that are designed to expand and enhance the tourism industry. Policy 1.2.1: Collier County will continue to support the area's domestic and international tourism programs to ensure continuation and expansion of the tourism industry. Policy 1.2.2: Collier County will continue to support the local tourism industry and work with the community to position Collier County as a friendly and hospitable visitor destination. Policy 1.2.3: Collier County will support appropriate entities toward positioning Collier County as a major aviation international port of entry. Policy 1.2.4: Collier County will support the research efforts of appropriate entities to accurately measure the economic impact of tourism and provide information for planning marketing and management of tourism for both the private and public sectors. Policy 1.2.5: Collier County will support the development of ecotourism in Collier County, Objective 1.3: Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify Collier County's economic base. Policy 1.3.1: Collier County will support efforts to formulate an economic development plan to assist local organizations in fostering the expansion and diversification of Collier County's economic base. Policy 1.3.2: Collier County, in support of appropriate entities will support a coordinated local regional national and international marketing program that will identify and attract industrial commercial and office space users. Policy 1.3.3: Collier County will support the preparation of an annual report on the progress of economic development in Collier County. Policy 1.3.4: Collier County will support a marketing program to actively pursue and encourage businesses to relocate to Collier County. Policy 1.3.5: Collier County will study the economic incentives utilized by various Florida cities and counties that may also be utilized by Collier County to place the county in a competitive position to attract new businesses. 18 Words underlined are added; words stpae gh are deleted. Words double underlined are added; words &aW&Offle are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC their Adoption hearing. 8 A :', Policy 1.3.6: Collier County, in coordination with appropriate entities will support the expansion of international banking and finance to better accommodate the needs of international visitors to the area and that of local firms engaged in-alobal markets Policy 1.3.7: Collier County will so port the location of business and industry in the Foreign Trade Zone located at the Immokalee Airport Policy 1.3.8: Collier County, in coordination with appropriate entities will continue Programs that encourage and assist in the location of new companies that build on the traditional economic base. Policy 1.3.9: Collier County will support the preparation of an annual report on the progress of existing industry expansions and traditional industry starts Policy 1.3.10: Collier County will support the protection and promotion of its existing water port developments. Policy 1.3.11: Collier County will actively pursue state and federal funding for transportation improvements to the local regional state and national highway system in Collier County. Policy 1.3.12: Collier County, in coordination with other appropriate entities will support the establishment and retention of small businesses throuahout the Countv. Policy 1.3.13: Collier County will encourage agriculture industry programs to maintain or improve its economic viability, provide necessary support and promote Collier County produce. Objective 1.4: Collier County will support the economic development goals efforts and community involvement of nonprofit organizations civic associations and local groups and programs. Policy 1.4.1 Collier County will support the economic development initiatives of regional nonprofit organizations. Policy 1.4.2 Collier County will support the economic development goals and efforts of countywide organizations. Policy 1.4.3 Collier County will support the economic development efforts of localized organizations. Objective 1.5 Collier County will encourage the expansion and development of educational facilities and proarams that complement economic development and diversification Policy 1.5.1: Collier County will continue to coordinate with and assist the Collier Countv School Board in the orderly and rational expansion of educational facilities that enhance economic growth and a desired quality of life 19 Words underlined are added; words 4FH&44ugh are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlie d are added; words shmiled and 98146 86m@11 ikFw4g4 are deleted — by the CCPC at their Adoption hearing. �t Policy 1.5.2: Collier County will promote the development of programs and facilities at institutions of higher learning including business and commerce health services, technologies, and education careers. Policy 1.5.3: Collier County will encourage institutions of higher learning to develop cooperative and integrated curriculums that enhance and increase the productivity of the local work force and attract industries and skilled workers. Objective 1.6: Collier County will maintain a system of development regulations that will promote the accomplishment of the goals objectives, and policies of this element. Policy 1.6.1 Collier County will periodically review its land development regulations for consistency with the Collier County Growth Management Plan to promote the accomplishment of the goals objectives and policies of this element. E. CPSP- 2003 -8 Petition requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element (FLUE) to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of the proposed TCMA within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and, to add policies providing for fair -share developer contributions to the Multi -modal Transportation Work Program of a TCMA when directly impacting a deficient road segment. CCPC Recommendation: By vote of 8/0, the CCPC recommended the BCC adopt petition CPSP- 2003 -8 as presented by staff, subject to one change: revise CIE Policy 1.5.3 to reflect a two year time period instead of one year — that the necessary facilities and services be in the first or second year of the Schedule of Capital Improvements and the Collier County Annual Budget. Speakers: One person spoke, requesting the time period be changed from one year to two years. #1 CAPITAL IMPROVEMENT ELEMENT Revise Policy 1.5.3 Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan final plat or buildingpermit is issued; or 2 p Words underlined are added; words ...f:. gh are deleted. Words double underlined are added; words a_._'-'- ok %e ' ``"""_'' are deleted — both since Transmittal hearings. Words chaded and double underlined are added: words are deleted — by the CCPC at their Adoption hearing. SA B. The necessary facilities and services are under construction or the contract for such facilities and services has been let at the time a final site development plan, final plat or building permit is issued; or C. The necessary facilities and services are in the first or second�year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR at the time a final site development plan, final plat or building permit is issued; or D. The necessary facilities and services are in the first or second year of FDOT 5 -Year Work Program at the time a final site development plan, final plat or building permit is issued; or E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this GMP and meets the applicable requirements of Policies 5.5 through 5.8 of the Transportation Element. F. The necessary facilities and services are the subject of a binding commitment with the Developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. 21 Words underlined are added; words stFaek through are deleted. Words double underlined are added; words @I@obis awaek ihpoog4 are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words skadog and d@tAi@ s6wok 6hrsti are deleted — by the CCPC at their Adoption hearing. M" r-lmmww- IN -4 1; w-I - 21 Words underlined are added; words stFaek through are deleted. Words double underlined are added; words @I@obis awaek ihpoog4 are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words skadog and d@tAi@ s6wok 6hrsti are deleted — by the CCPC at their Adoption hearing. Ur *A W-1 r2vFWr2r2u IN 21 Words underlined are added; words stFaek through are deleted. Words double underlined are added; words @I@obis awaek ihpoog4 are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words skadog and d@tAi@ s6wok 6hrsti are deleted — by the CCPC at their Adoption hearing. 8A is #2 TRANSPORTATION ELEMENT Revise Policies 5.2 and 5.3 Policy 5.2: Project traffic that is less -tom 1% or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development for de minimis impact shall be pursuant to Section 163.3180(6), F.S. Policy 5.3 The County w14 conducted a Traffic Impact Vesting Affirmation Review ewe -ne)d year in 2003 to determine for planning purposes only which developments are may be vested for concurrency_ No legal determination of vested status for proiects was made and even thouah the initial review indicated vestinq, this findinq does not provide a legal presumption that a project is vested. All previously approved projects must go through a vesting review pursuant to Section 3.15.7.2.6. of the Land Development Code, magRitude 9f tFaffie that will be 9GReFated by these develepmeRtS. D61FiRg this pFGG96r,, 9f Y96tiRg affirmatien, Fevisiens te appFGV9d final site development plaRS and fiRal subdiVisieR plats tha #3 TRANSPORTATION ELEMENT New Policies 5.4 - 5.9 Policy 5.4 To optimize the County's transportation analysis, the County shall prepare an analysis of the transportation system within the urban area utilizing SYNCHRO or other current traffic analysis techniques and tools by January 2004. Policy 5.5 Pursuant to Rule 9J- 5.0055(6)(a)3., F.A.C_ and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of the GMP, the South U.S. 41 Transportation Concurrence Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MaPTR -4) may be exempt from transportation concurrency requirements so long as impacts to the transportation system are mitigated usina the procedures below. 1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FINS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Capital Improvement Policy 1.5.3 2 2 Words underlined are added; words stmek through are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words ohojod and dmilql@ sipw@k ihpougk are deleted — by the CCPC at their Adoption hearing. 2. Any proposed development within the concurrence exception area that would reduce the _.. LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy-5.5 are exempt from the transportation requirements of Capital Improvement Policy 1.5.3 Fhg". Policy 5.6 Commercial 9 developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Planning Division that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: trips averam vehicle occupancy for work trigs generated by the develop b) Parkinci charge that is expe!Qted to increase the average vehid far work trips generated by the develQpmenj and/or On6-rease transit ridershio. cICash subsidy that is expapted to increase the average vehicle occupancy for rk trivs generated by the development and/or increase trans't d) Flexible work schedujga_�� hour automQbjie-wDA trips oenerated by the developmeD-t_ e) Compressed work weekjhaLw-o-ujd-b2-exppr,.Wd to reduce vehicle miIea-QLtra-v-ej and peak hour work trips generated by the development, fj Telecommuting that would reduce the yebid-e-miles of tr�vel and 12eak hour work generated by (- •- - ••ll "l MTransit subsi�d �h� reduce auto trips generated by the developme-W and increase transit riders ( • Bicycle and Pedestrian facilities That • • be expected to reduce vehicle miles of travel and automobile work tr"ps generated by the !- - •III " / vehicle i) Including residential units as a portion of a commercial prooect JhaLAQmjd reduce of jj Provding transit shelters the development 11 be coordinated with Colher Coun Trannaiifl- -19TOTGRUMINVAIM. line -'41M SYMMI[Mal b) Providing transit shelters within the development (must be coordinated with Collier County al c) Providing bicycle and 12edeatrian facilities, with connectlons to adacent commercial • affordable l• l• 11 Il .Il • of l' _t within the development. Vehicular • adiacent commercial w-( l s are! •1111" al! reside-itial II Z.l An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above 2 3 Words underlined are added; words stnae-k through are deleted. Words double underlined are added; words are deleted - both since Transmittal hearings. Words shaded and double underlined are added; words shaded and dembi@ mimek 6h are deleted - by the CCPC at their Adoption hearing. techniques relied upon to obtain certification shall be required as a condition of development approval. Developments within the South U.S. 41 TCEA that w4iGh do not provide certification shall meet all concurrence requirements. Whether or not a concurrence exception is requested developments will be subiect to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Policy 5.7 The County shall designate Transportation Concurrence Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads are in place that provide multiple, viable alternative travel paths or modes for common trips Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of this Element The following Transportation Concurrency Management Areas are designated: 1. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1 -75 right -of -way on the east side: Pine Ridge Road on the south side; and the Gulf of Mexico on the west side (Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side: Collier Boulevard on the east side: Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Mar) TR -6). Policy 5.8 Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of this element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. Policy 5.9 Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and /or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1 % of the maximum service volume at the adopted LOS), vet continue to maintain the established percentage of lanes miles indicated in e Policy 5.8, a proportionate share Payment shall be required as follows: a. Proportionate share payments shall be calculated using the formula established in Rule 9J- 2.045(2)(h), F.A.C. fees -iR effeGt at that tip The facility cost for a constrained roadway link shall be established usinq a tvvical lane mile cost as determined by the Collier County Transportation Administrator of addinq lanes to a similar area/facility type as the constrained facility. 2 4 Words underlined are added; words stnaek through are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words shad@d Ond &bibl@ shpougli are deleted — by the CCPC at their Adoption hearing. RO= b. Proportionate share payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass transit or other non - automotive transportation alternatives which adds. trip capacity within the impact fee district or adioining impact fee district. finding of • for ••• -• prQoeQt within a TCMA . • •• not influence the concurrency determination-process. • Its- •' �' 11 1 ll ". --� l- .�� -� - - • - - .1�. • • • l • - • / - " - _- •I • - � l 1 - _l•! l !l -� HAW-011TA110"ORRIMUN 1/� L. -� _ - � •�• •1. - 1. 1 - •._ - #4 FUTURE LAND USE ELEMENT Revise Policy 2.2 Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, TCEA, TCMA, add projects to the Capital Improvements Element enter into a binding commitment with a Developer 8=0e� 9+n p +Offl71ill sr to construct the needed facilities r defer development until improvements can be made or the level of service is amended to ensure available capacity. #5 FUTURE LAND USE ELEMENT New Policies 2.4 and 2.5 Policy 2.4 Pursuant to Rule 9J- 5.0055(6)(a) 3., F.A.C. and the Urban Infill and Urban Redevelopment Strategy contained in this element of the GMP. development located within the South U.S. 41 Transportation Concurrence Exception Area (TCEA) (See map TR -4) may be exempt from transportation concurrence requirements. so Iona as impacts to the transportation system are mitigated using the procedures set forth in Policies 5.5 and 5.6 of the Transportation Element of the GMP. SWt �- vim] 0 •11 "l U7 =eo =Ps W11 Mot WillpsirENWIVAUITs M.e l� l l - ►•ll .1! 1/� 1- ll"" I" _• 'll' • • •- - 1011SWINIns 111,711 ORION -1! �- - ••Il- ••- �- • -• •. • - • .1 • •- - •� l• 1• •- • - a rem .l' •l�- no 19- --• • 2 5 Words underlined are added; words s..�gh are deleted. Words double underlined are added; words eistAi@ s6po@k sogli are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC at their Adoption hearing. 3m rlts within the South l concurrence exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Policy 2.5 The County shall designate Transportation Concurrence Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads fife is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of 4146 the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element ofm��. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6. and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrence Management Areas are hereby designated: 1. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side. and; Livingston Road (extended) on the west side (See Map TR -6). #6 FUTURE LAND USE ELEMENT New Objective 6 and Policies 6.1 - 6.5 Oblectove Transportation . - u.i.• -i aeouraphically compact designated in local government •u• - -n - ilans where intensive development exists, • • THIM1100IMM. 117 • • I - • or--m F. 111 •u•• - •• • • 1�. .�-� - - �- -• - .• -• _i- •- s-•• .• Collier County's designated Transportation Concurrence Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by promoting redevelopment of areas wherein current zoning was approved Drior to the establishment of this Growth Management Plan (January 10. 1989). Infill development and redevelopment within the TCMAs shall be with Obiective 5. and relevant subseauent Q 2 6 Words underlined are added; words stf:uek through are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words 9hikied md dekoWe HIM& ikF@wgk are deleted — by the CCPC at their Adoption hearing. W8 A Policy 6.5 II new development, infill development or redevelopment within a Transportation Concurrencv anaaement Area is subiect to the historical and archaeological preservation criteria, as contained i biective 11 1 and Policies 11 1 1 through 11 1.3 of the Conservation and Coastal Manaaement Element. #7 FUTURE LAND USE ELEMENT Revise Density Rating System Density Rating System a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 7. Residential redevelopment or infill development that meets the criteria established in Policies 6.1 through 6.5 of this Element, and which occurs within a designated Transportation Concurrencv Management Area (TCMA) may add 3 residential units per gross Acre. This density bonus shall not be available if the-proposed development is located within the Coastal Hiah Hazard Area. Additio_ nally.-in no instance shall the t_o_t_a__I project density exceed 16 units per gross acre. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Congestion Area If the project were within the Traffic Congestion Area, an area identified as subject to long - range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport - Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Furthermore . this density reduction shall not apply to developments located within the South U.S. 41 TCEA (as identified within Transportation Element Map TR -4 and Policies 5.5 and 5 6 and FLUE Poiicv 2 4) that obtain an exception from concurrence requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6 of this GMP. and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code as amended) as part of their plan of development This reduction shall likewise not be applied to Developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6 5 and Transportation Policies 5.7 and 5.8. and that include Affordable Housing (as per Section 2 8 Words underlined are added; words stFuek�f:eagh are deleted. Words double underlined are added; words are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC at their Adoption hearing. A 2.7.7 of the Collier County Land Development Code as amended) as part of their plan of development• E. CPSP- 2003 -9 Petition requesting change to Overlays and Special Features of the Land Use Designation Description Section of the Future Land Use Element, and revisions to the Future Land Use Map, to amend certain noise contours around the Naples Municipal Airport to correlate with the noise contours previously changed by a Land Development Code (LDC) amendment adopted on June 14, 2000, and an LDC amendment scheduled for adoption in January 2004. CCPC Recommendation: By vote of 8/0, the CCPC recommended the BCC adopt petition CPSP- 2003 -9 as presented by staff. Speakers: None. #1 FUTURE LAND USE ELEMENT Revise Overlays and Special Features, Airport Noise Area Overlay V. OVERLAYS AND SPECIAL FEATURES E. Airport Noise Area Overlay The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 60" 65, 70 and 75 Ldn (day -night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 60 66 Ldn contour, the least severe impact of these theee four noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 60 66 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. #2 FUTURE LAND USE MAP Revise Noise Contours Around the Naples Municipal Airport see new Future Land Use Map CCPC Recommendation Adoption 2003 cycle 2 petitions G, Comp, Comp Plan Amendments, 2003 cycle GMP Am dw/12 -8 -03 2 9 Words underlined are added; words s.F.•rougft are deleted. Words double underlined are added; words koWe simell 1:1--otigh are deleted — both since Transmittal hearings. Words shaded and double underlined are added; words are deleted — by the CCPC at their Adoption hearing. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: December 4, 2003 SUBJECT: 2003 CYCLE 2 GROWTH MANAGEMENT PLAN AMENDMENTS, PETITION NUMBERS: CPSP- 2003 -4, CPSP- 2003 -5, CPSP- 2003 -6, CPSP- 2003 -7, CPSP - 2003-8, CPSP- 2003 -9 (Adoption Hearing) ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE MAP AND MAP SERIES, GOLDEN GATE AREA MASTER PLAN (GGAMP), IMMOKALEE AREA MASTER PLAN (TAMP), CAPITAL IMPROVEMENT ELEMENT, RECREATION AND OPEN SPACE ELEMENT, CONSERVATION AND COASTAL MANAGEMENT ELEMENT, TRANSPORTATION ELEMENT, AND NEW ECONOMIC ELEMENT Transmittal hearings on these amendments were held on July 17, 2003 (CCPC) and on July 29, -. 2003 (BCC). The respective Transmittal recommendations /actions are presented below, under each petition. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT: I. In their ORC (Objections, Recommendations and Comments) Report, prepared in response to review of the Transmitted GMP amendments, the Florida Department of Community Affairs (DCA) raised one comment in regards to the Collier County Manatee Protection Plan ( CCMPP), petition CPSP- 2003 -6. This comment was based upon the fact that the CCMPP is dated and the data and analysis upon which it is based may not represent the best available data. The DCA comments, with accompanying recommendations are: 'We would encourage the County to update the plan as part of the forthcoming evaluation and appraisal report and the EAR -based amendment process by incorporating new data and, if necessary, revising the guidelines in the manatee protection plan, accordingly." 11. DCA had several objections, recommendations and comments regarding petition CPSP -2003- 8, transportation concurrency management. Please see the attached ORC Report. STAFF RESPONSE TO ORC REPORT: I. The above comment relative to petition CPSP- 2003 -8 has been taken into consideration, and the County's Environmental Services Department (ESD) has already set -up the Collier County Manatee Protection Stakeholder group as a means of updating the CCMPP's policies and accompanying data and analysis. However, due to the nature and complexity of collecting data on dispersed manatee populations within the jurisdictional waters of this County, along with analyzing Words underlined are added; words &4uas � are deleted. Words double underlined are added; words double are deleted — both since Transmittal. 8A the vast amount of data under rigorous scientific standards, the staff of the ESD, at this time, are unable to provide the updated CCMPP as part of the forthcoming evaluation and appraisal report. Nonetheless, ESD staff fully intend on updating the CCMPP when the best available data is assessed. II. Relative to petition CPSP- 2003 -8, please refer to attached document titled "CPSP- 2003 -8 STAFF RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' OBJECTIONS RECOMMENDATIONS & COMMENTS REPORT ". PROPOSED AMENDMENTS A. PETITION CPSP- 2003 -4 1. Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying zoning districts which allow and which do not allow school and school support facilities. 2. Amending the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school support facilities. 3. Amending the Intergovernmental Coordination Element (ICE) to refer to the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM Series. 4. Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM Series. 5. Amending the Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM Series. [Coordinator: David Weeks] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: Staff recommended the map titled "Existing Sites for Future Public Educational Plants and Ancillary Plants be modified to add one site inadvertently omitted (site EE located in Golden Gate Estates), and to add a legend and modify map symbols so as to distinguish between educational plant sites and ancillary plant sites. By vote of 6/0, the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff, subject to modification of FLUE Policy 5.14d., as noted below. The CCPC was concerned that there was insufficient notice provided to the public prior to site acquisition for the location of new schools and support facilities, therefore insufficient opportunity for the public to participate in the site selection process. A representative of the Collier County School Board was in attendance to answer questions and to support the petition. TRANSMITTAL HEARING: BCC ACTION: The Board of County Commissioners approved (vote: 5/0) Transmittal of this petition to DCA, per the CCPC and staff recommendations, with the addition of one sentence, noted below. The amendment, as approved for Transmittal by BCC, is shown below. Words underlined are added; words 4Fal44Fe*0 are deleted. Words double underlined are added; words double are deleted — both since Transmittal. 8 A _, Subsequent to Transmittal hearings, two changes have been proposed by staff: 1) provide for an exception for lands within the Rural Lands Stewardship Area as the base standards for that area are different for other "A" -zoned properties; and, 2) change the pre -site acquisition notice procedure from a County requirement to a School Board requirement. These changes are reflected below and are found in Exhibit "A" to the Ordinance. BCC Transmittal version: #1. NEW POLICY 5.14 [page 19] Policy 5.14 Public educational plants and ancillary plants: d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE GGAMP or IAMP as applicable and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series as provided for in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777 F.S. on Mav 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners Future development of these sites will be subject to the provisions of the two Interlocal Agreements and subiect to the implementing land development regulations to be adopted [this next sentence added by CCPC 4] During the consistency review process prior to site acquisition as set forth in the Interlocal Agreements, Collier County will provide notification to impacted property owners [this next sentence added by BCC 4] All public commentary received as a result of these notices will be provided to the Collier County School Board Staff - recommended Adoption version: #1. NEW POLICY 5.14 [page 19] Policy 5.14 Public educational plants and ancillary plants: d._ Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE GGAMP or IAMP as applicable and allowed by existing zoning on the site these sites will be added to the Future Land Use Map Series as provided for in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777 F S on May 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners Future development of these sites will be subiect to the provisions of the two Interlocal Agreements and subiect to the implementing land development regulations to be adopted �aT�oo p Prior to site acquisition the Collier County School District will provide notification to adjacent property owners At t e Public hearing to consider the land acguiSitinn Aall public commentary received as a result of these notices will be provided to the Collier County School Board e. _Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19 2002 or the Rural Lands Stewardship Area Overlay adopted on October 22. 2002, all future educational plants shall be allowed in zoning districts as follows: Words underlined are added; words 4Fae� are deleted. Words double underlined are added; words double airuoj, tiwaagh are deleted — both since Transmittal. (1) Educational plants are prohibited in the Residential Tourist (RT) Golf Course (GC) Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC) Business Park (BP), and Industrial (1) zoning districts. -- (2) Educational plants are permitted by right in all other zoning districts. However, for a hiah scnooi racimy io oe iocaiea in any residential zoninq district or residential component of a PUD, a formal compatibility review and determination is required as set forth in the Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners. f. Zoninq district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19 2002 or the Rural Lands Stewardship Area Overlay adopt d on October 22 2002 all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF -1 through RSF -6) Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC) Golf Course (GC), and Conservation (CON) zoning districts. (2) Ancillary plants are permitted by right in the General Commercial (C -4) Heavy Commercial (C -5), and Industrial (1) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts PROPOSED AMENDMENTS B. PETITION CPSP- 2003 -5 Petition requesting amendments to the Future Land Use Element and Future Land Use Map, and the Recreation and Open Space Element, in order to incorporate the recommendations of the Community Character /Smart Growth Advisory Committee, including establishment of the Residential Mixed Use Neighborhood Subdistrict and Commercial Mixed Use Subdistrict - both providing for mixed use residential /commercial development; adding specific provision for mixed use residential /commercial development within the Mixed Use Activity Center Subdistrict; and, adopting goals, objectives and policies specific to developing neighborhood, community and regional park systems. [Coordinators: John David Moss and David Weeks] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: By vote of 4/1 (Richardson opposed), the CCPC recommended that BCC not Transmit the petition to the Florida Department of Community Affairs at this time. The CCPC was concerned that there were still too many issues yet to be resolved, as evidenced by the Staff Report and their own questions. The CCPC suggested staff and the Community Character /Smart Growth Committee resolve the issues and refine the language then bring it back for consideration at some future date. There were three speakers. One person spoke in favor of the petition and stated existing mixed - use provisions in the GMP are not working, and that a combination of mandates and incentives are needed. Two speakers recommended fewer mandates; one suggested more encouragement language, the other stated mandates ignore what the market will support. TRANSMITTAL HEARING: BCC ACTION: The Board of County Commissioners approved Transmittal of this petition to DCA, 5/0, per staff recommendations, which was to transmit, then finalize language prior to Adoption. Staff and the Community Character /Smart Growth Advisory Committee have since amended the Transmitted language, as shown below, and reflected in Exhibit "A" to the Ordinance. Following the recommended language is staff's explanation and rationale for the proposed changes. Words underlined are added; words sa •e'' .h _ b are deleted. Words double underlined are added; words double . wk=9 -@u0 are deleted — both since Transmittal. FUTURE LAND USE ELEMENT CPSP- 2003 -5 E019 Staff and Community Character /Smart Growth Advisory Committee - recommended Adoption version: [NOT to adopt the Transmitted Goals 2 and 3 and subsequent Objectives and Policies] GOAL GO ICS n ANNING CCCnRTS SHAT 1 �Cnn/±h117C TLIC \ /AL1ATInA REGARDINGn A1 IAI r__ W.A. R ARE `REATGan W)�RI/+AI QCTT h'QQ IbInl IIInnl�j!G_ RRII; I$pA�r�A�1�C��il §Tc Cnnnn Anl G' AQ EsO Qnl 1"1" AI 1 1Tii i3 i4 T Tn nnn ICP►T f R@e@88E)FY apaAMORtS, Words underlined are added; words sEf}cgk are deleted. Words double underlined are added; words double s�6 are deleted — both since Transmittal. - •- - .. - - -- - - - - - - --- - - -- - - -- - - -- - - -- - - -- - -• - - -- - Words underlined are added; words t c <<w^n are deleted. Words double underlined are added; words double are deleted — both since Transmittal. - M- ---------- -- - --------- - Words underlined are added; words s :ucl: t ri,� are deleted. Words double under]ined are added; words double are deleted — both since Transmittal. Urban - Mixed Use District 7• TradatmeRal Residential Mixed Use Neighborhood Subdistrict [page 25) The purpose of this pFev+siOR subdistrict is to encourage the develeprneRt of TraditieRal ThrNDE; ACA4=1 fie-- }eh b� ee Cont ra - "r^ + human - scaled pedestrian- oriented, interconnected residential neighborhood projects that include are eon a mix of commercial uses, ' civic amenities} and institutional us s that complement each other. The purpose of the commercial component is to provide retail, office and personal service uses to serve the needs of the subdect neighborhood and surrounding residential neighborhoods where there is no existing :nearby opportunity for those commercial needs to be met. Within the commercial component mixed use residential/commercial is allowed The commercial component may be located internaLtQ the proiect or along the boundary; if externally located frontage and access should be restricted so as not to promote strip commercial development. A grid pattern is use the basis for the transportation network and typically includes interconnections for vehicles Pedestrians and bicycles. Within one year of the effective date of this subdistrict, the Land Development Code shall be-amended, as necessary to implement this siiWua_tYl Proiects utilizing this Subdistrict shall mommy - -_ _- ...._.- with the following standards ...�.. �..� �..._....��... standards and criteria: u111A VIILVIIG. a. Uses in the commercial component are limited to those allowed in the C-1, C-2 and C-3 zoning b. districts as contained in the Collier County The boundaries of the commercial component Land Development Code shall be no closer than 1/2 mile radial distance from the boundaries of the nearest site zoned commercial developed commercial or c. designated in the Growth Management Plan for commercial uaes. The commercial compon nt shall be no larger. than 10 acres in size and shall not exceed d. 80.000 square feet of gross leasable floor A maximum of one acre of land for commercial area uses is allow d for each five acres of land for e. residential uses. NQ single tenant in the commercial component shall exceed 15.000 square feet of gross leasable floor area except that a grocery store or supermarket shall not exceed 45,000 square f. g. feet of gross leasable floor area. The maximum floor area ratio for commercial For freestanding residential uses, acreage uses is 0 25 to be used for calculating d .nsity is exclusive of the ommer dal component and of any component acreage for a use with a residential eauivalencv a. ALF -adult living facility. For properties not located in the Urban Residential Fringe eligible density shall be as allowed by the Density Ratinn System. or as allowed under the existing Words underlined are added; words etFdc--a r�i• are deleted. Words double underlined are added; words double are deleted — both since Transmittal. residential zonina district or as otherwise allowed by Policy 5.1. For prop rti s located in the Urban Residential Fringe ligible density shall be as allowed by that cu bdistrict h. F r residential uses located within the commercial component of the proi , :t - whether located - above commercial uses in the same building in an attached building or in a freestanrlinrr building - density is calculated based upon the cross project acreage. For properties not I cated in the Urban Re3dential Fringe eligible density is the base density allowed-by-the Density Rating Syst m le s any reductions. For proeerties located in the Urban Residential Fringe, eligible density shall be as allowed by that Stjbrfictftt L The project is encouraged to contain a grid street system so as to afford--maximum •+ opportunity for interconnections with surrounding properties and to provide multiple route alternatives j. The commercial component shall be in with the residential neighborhood by streets, sidewalks or other pedestrian pathways and bike lanes, unless precluded by the existence of wetlands or other. environmentally sensitive habitats. In such instance where this preclusion exists, no less than one type of interconnection shall be provided k. The groiect shall provide street, siduAmlk and bike lane interconnections with adjacent properties, where possible and pra ticable. - I. All buildings shall be limited to five stories in height, inclusive of under building narking M. The commercial component of the project shall he internally located with no direct accesc to adjacent external roadways, or the commercial component must have frontage on a road classified as an arterial or collector in the Transportation Element. n. If the commercial component is not internally located then its frontage shall be no greater than twice its depth. o. For projects located along an arterial or collector road the number and type of a cess Points shall be limited as appropriate so as to minimize dd ruption of traffic flow on the adjacent arterial or collector roadway. Urban - Commercial District Commercial Mixed Use Subdistrict [new] The ur s of this -5ubdistricLJs to encourage the development and r development of commercially zoned properties with a mix of residential and commercial uses, The-Lesidential uses may be located above commercial uses, in an attached building, or in a freestanding buiWinn Such mixed -use projects are intended to be developed at a human scale pedestrian-oriented. and interconnected with adjacent prof cts - whether commercial or residential Within o the - z• -_--. • �- �.�.�...��...�. Within iu iii i Vi ,e yGCll VI U IC effective date of this subdistrict, the Land Development Code shall be amended, as necessary, to implement this subdistrict Projects utilizing this Subdistrict shall comply with the following standard and criteria 1. This subdistrict is applicable to the C -1 through C-3 zoning districts, and to commercial P Ds and the commer dal component of mixed us PUDs where those commercial uses are comparable to those found in the Q-1 through Q-3 zoning districts. 2. Commercial uses and--development standards shall be in accordance with the commercial zonina district on the subject prop rtv.. 3. Residential density is paigulated calculated based upon the gross commercial project acreage For Droperty in the Urban Resid ntial Fringe Subdistrict, density shall be as limited by that Subdistrict. For property not within the Urban_ Residential Fringe Subdistrict but within the Coastal High Hazard Area density shall be limited to four dwelling 1lnits per acre. For ro r v not within the Urban, Residenti hdistrict and-Dot within the Coastal Hdah Hazard Area, density shall be limited to sixteen dwelling units per acre 4. In th_e case of residential uses located within a building attached to a commercial building or in the case of a freestanding residential building. building square feet and acreage devoted to residential uses shall not _exceed fifty percent (50 %) of the gross building square feet and acreage of the groiect 5. Street sidewalk and bike lane interconnections with adjacent properties where possible and practicable, are encouraged Words underlined are added; words stRiek-Ilifeugk are deleted. Words double underlined are added; words double &k ?,moo are deleted - both since Transmittal. Urban - Mixed Use District Commercial Mixed Use Subdistrict [new] 8A may be located above commercial uses in an attached building or in a freestanding building Such mixed -use projects are intended to be developed at a human scale pedestrian oriented and interconnected with adiacent protects — whether commercial or residential This subdistrict is allowed in the Urban -.Mixed Use District subject to the standards and criteria set forth under the- Commercial Mixed Use Subdistrict in the Urban - Commercial District. Urban - Commercial District 1. Mixed Use Activity Center Subdistrict [page 41 - new 5t" paragraph] For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. Mixed use developments - whether consisting of residential units located L an attached building or in a freestanding bujldina are allowed Such above commercial se-s V mixed use projects are intended_ to be developed at a human -scale nedestria n- oriented and intGrrnnne-nted with adjacent projects — whether commercial or residential Street side e.lane interconnections with adjacent properties where possible and practicable are encouraged, D nsjty is calculated based upon the gross project acreage within the Activity Center.... If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Be idential Frjnae Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a protect is located is not within the Urban Residential Frjnae within the hot indaries of a S district but is within the Mix d Use Activity Center that Coa tal High Hazard Area he eligible density shall be limited to four the boundaries of a Mixed Use Activity dwelling snits Center which per acre If is within the Urban such a protect is located within Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. Policy 5.1: [page 17] All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.111 are not increased. However, for these properties approved for commercial and residential uses an increase in the number of dwelling units may be permitted if accompanied by a r duction in commer ial area such that the overall intensity of development allowed by then new zoning district is not increased. Further, though an increase in overall Intensity may result for these properties approved for comm rcial uses, residential units may be added as provided for in the Commercial Mixed Use ict Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict Words underlined are added; words stfu k-t Feugh are deleted. 10 Words double underlined are added; words double are deleted - both since Transmittal. 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7• BAaWential Mixed Use N iahborhood Subdistrict 8. Orange Blossom Mixed -Use Subdistrict 9. Goodlette /Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed -Use Subdistrict 12. Research and Technology Park Subdistrict 13. Buckley Mixed -Use Subdistrict 14. Commercial Mix d Use Subdistrict B. URBAN — COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston /Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road /Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed U ubdistrict I. URBAN DESIGNATION [page 21] b. Non - residential uses including: 12. Commercial uses subject to criteria identified in the Urban -Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, TraditieRal Resident al Mixed Use Neighborhood Gen4ef Subdistrict, Orange Blossom Mixed -use Subdistrict, Goodlette /Pine Ridge Commercial Infill District, a Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Commercial Mixed Use Su- bdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, a Interchange Activity Center Subdistrict, a4id Livingston /Pine Ridge Commercial Infill Subdistrict, aiid Henderson Creek Mixed Use Subdistrict, a Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, a=Fid Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict. and in the Bayshore /Gateway Triangle Redevelopment Overlay. FUTURE LAND USE MAP SERIES See two attached maps: Future Land Use Map — Existing Future Land Use Map — Proposed: change name of `Traditional Neighborhood Design Subdistrict" to "Residential Mixed Use Neighborhood Subdistrict ", and add "Commercial Mixed Use Subdistrict" under both the Urban — Mixed Use District and the Urban — Commercial District. RECREATION AND OPEN SPACE ELEMENT CPSP- 2003 -5 The proposed text amendments to the Recreation and Open Space Element (ROSE) will be added after Policy 1.6.1, beginning on page 4 of the ROSE, and are as follows: [all new, beginning on page 41 Words underlined are added; words 4FJe ;4 are deleted. 1 1 Words double underlined are added; words double s€ are deleted — both since Transmittal. RA GOAL 2: THE COUNTY SHALL DEVELOP A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS -- WITHIN THE COMMUNITY. Objective 2.1 By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park _Plan to identify general areas where neighborhoods might request sites for future neighborhood arks Policy 2.1.1 The Parks and Recreation Department will develop a Neighborhood Park Plan and identify those sites or general areas for neighborhood parks on a Neighborhood Park Master Plan. This Plan will be developed by the year 2010 with citizen input to determine the types of recreational_ facilities particular communities would like to see within their neighborhoods Policy 2.1.2 The Land Development Code shall be amended to include a new definition of useable open space that will provide for an open space area to be used as a neighborhood park for the recreational needs of the surrounding area. Policy 2.1.3 New neighborhood parks will be carefully sited and intentionally integrated into existinq residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED) Neighborhood parks may also be co located with churches schools, or other recreational facilities Policy 2.1.4 Investigate the utilization of tax its or other incentives for proaerty owners who wish to dediQate land to the County to meet the recreational needs of neighhrwhnod parks Policy 2.1.5 Encourage the development of sidewalks and bike lanes from the surrounding residential communities to park sites -� rill -A � ■ ■ _ • l ll 11! Obiective 3A 2=rr2 By the year 2010, the Parks and Recreation Department will develop a Community and Regional Park Plan to provide larqer parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal and Immokalee Urban Areas and Northern Golden Gate Estates. This plan will include the identification of future community and regional park sites or general areas) park improvements cost estimates and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites Policy 3.1.1 — 1# r. --FThe Parks and Recreation Department will acquire land to meet the needs of the Communitv and Regional Park Plan including sufficient land to allow for a portion of these sites to remain in aassive open space Words underlined are added; words are deleted. 12 Words double underlined are added; words double &4o@k46F@oO are deleted - both since Transmittal. Policy 3.1.2 24a 8A By==2= 0=4The Parks and Recreation Department will design and construct the new community and regional parks. Policy 3.1.3 24F& Continue to partner with the Collier County Public Schools to co locate OeffifftwigiW parks in conjunction with new school sites as they are identified and developed Policy 3.1.4 2---2=rr4 Continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for community and regional parks Policy 3.1.5 292A Investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of noielhborhe community and regional arks. Policy 3.1.6 2--iM Encourage the development of sidewalks and bike lanes from the surrounding residential communities to park sites. Policy 3.1.7 2;w2W By the year 2010, the Parks and Recreation Department and the Transportation Operations Department will investigate the utilization of the existing canal and power line easements to create a greenway system throughout the GragtR,_, hlaploa coastal and Immokalee urban areas and Northern Golden Gate Estates. CPSP- 2003 -5 Revisions - Explanation and Rationale: The primary concern with petition CPSP- 2003 -5 at time of Transmittal was an overall lack of clarity as to intent and purpose, and, as a result, the inability to implement. As reflected above via double underline and double strike - through, significant revisions are proposed to the Transmitted text. The major accomplishments of these revisions are as follows: • Establish the new Residential Mixed Use Neighborhood Subdistrict (via modification of the existing Traditional Neighborhood Design Subdistrict) to promote mixed -use development; specifically, allowing residential developments to include a commercial component, and allowing residential uses within that commercial component. • Establish the Commercial Mixed Use Subdistrict to promote mixed -use development; specifically, allowing commercial development to include residential uses, e.g. residential units over commercial uses. • Modify the Mixed Use Activity Center Subdistrict to specifically allow residential uses within a commercial development, e.g. residential units over commercial uses. • Modify FLUE Policy 5.1 to allow for mixed residential /commercial development on commercial properties deemed consistent by policy that would not otherwise be allowed due to the increase in overall intensity of development. • Make several housecleaning changes necessitated by the creation of the new Subdistricts. • Propose not to adopt the Transmitted FLUE Goals 2 and 3 and subsequent objectives and policies as these were the major cause of lack of clarity and confusion as to intent and purpose. These GOPs dealt with mixed -use development, scale of development, and streetscapes. The mixed -use component has been addressed in the above revisions; a future GMP amendment will revisit the scale of development and streetscape design. Words underlined are added; words 4F&e < ;fe4,h are deleted. 13 Words double underlined are added; words double Ok% are deleted — both since Transmittal. a For the Residential Mixed Use Neighborhood Subdistrict, staff offers the be ow information tc support the proposed criteria. As a reference source, staff used "Dollars & Cents of Shopping Centers: 1995" published by the Urban Land Institute. That book includes the following description: "The neighborhood shopping center provides for the sale of daily living needs — convenience goods like food, drugs, hardware, and personal services. A supermarket is the principal tenant in this type of shopping center." The book analyzed 306 neighborhood shopping centers in the U.S., 118 of which were located in the South. As to neighborhood shopping center size, all expressed in gross leasable area: national average: ±65,000 s.f. South regional average: ±61,000 s.f. national median: ±64,000 s.f. South regional median: ±61,000 s.f. National upper decile (largest 10 %): ±95,000 s.f. South regional upper decile: ±89,000 s.f. 1. Commercial uses limited to C -1 thru C -3 zoning districts as these have been historically considered to allow mostly neighborhood commercial uses. 2. The 1/2 mile spacing criteria is based upon acceptable walking distances and to insure some level of reasonable separation between commercial areas. 3. The proposed 80,000 s.f. is considerably larger than the average and median center size in the South region and the nation, yet is smaller than the largest centers, thereby providing some flexibility in size for the Collier County market. Using a generally accepted rule of thumb of 10,000 s.f. per acre, the 10 -acre maximum size can easily accommodate the maximum 80,000 s.f. Though the 1994 Urban Area Build -out Study, Phase I, used an average of 8,500 s.f. per acre for retail uses, that is still sufficient to accommodate the 80,000 s.f. maximum proposed. The flexibility afforded by having a larger acreage figure should serve to account for site - specific circumstances that may affect a given parcel's developability, e.g. presence of wetlands that cannot be developed. 4. The literature indicates the national median tenant size in a neighborhood center is far less than 10,000 s.f. with only two exceptions — drug stores (9,431 s.f.) and general merchandise stores (11,770 s.f.). The proposed 15,000 s.f. figure still allows for significant variation above the median for the Collier County market. The national median for supermarkets in neighborhood shopping centers is 25,000 s.f. Staff research of four Publix stores in Collier County indicates the sizes are far larger than this national average, although these tend to be located in community shopping centers - not neighborhood centers, thus are intended to serve a larger market. ( Publix is used as they are the most common supermarket in Collier County. The 4 stores: King's Lake Square shopping center on Davis Blvd. — 40,940 s.f.; Naples Lakes shopping center at Collier Blvd. /Rattlesnake Hammock Rd. — 44,627 s.f.; Shops at Hammock Cove shopping center at US -41 East/Thomasson Drive — 44,627 s.f.; Naples Walk shopping center at Airport - Pulling Rd. /Vanderbilt Beach Rd. — 51,295 s.f.) Staff believes the proposed 45,000 s.f. figure is reasonable, considering the local store size variation, the maximum center size of 80,000 s.f., and that staff is not promoting a given store chain or even a chain store at all. It is possible that the maximum store size, combined with the maximum center size, may be self - limiting such that only an independent grocery store may locate in the neighborhood center. 5. The maximum floor area ratio of .25 (10,890 s.f. /acre) is taken from the PUD Neighborhood Village Center Subdistrict, an existing FLUE provision that allows commercial uses in a residential development. 6. For residential units located within the commercial component of a project, e.g, residential units over commercial uses, allowing the gross project acreage to be used in calculating the allowable number of dwelling units - not just the commercial component acreage - is seen as a necessary incentive. Existing mixed -use provisions (residential over commercial) have not been utilized; it is hoped that a higher density may provide the needed incentive to bring about such mixed -use development. However, as each project will be viewed on a case by case Words underlined are added; words 4Paek4hFeuO are deleted. 14 Words double underlined are added; words double are deleted — both since Transmittal. basis via the rezone process, compatibility and /or pubic facility impact considerations may dictate that the maximum density /number of dwelling units not be granted for a given project. (The gross density would be calculated at 4 DU /A, or 3 DU /A if located within the Traffic Congestion Area, or 1.5 DU /A if within the Urban Residential Fringe Subdistrict which lies east of CR -951.) 7. Interconnections are important to the function as a truly neighborhood center, whether the commercial component be internally located or along the exterior road frontage. Though the center is not intended to serve only the immediate residential community - it is acknowledged that it will provide goods and services to a larger surrounding area and to pass -by traffic - it is intended to be designed in a pedestrian /cyclist friendly manner so as to lessen dependency upon the automobile, and to afford the opportunity to drive to the center without having to drive onto the arterial and collector road network. 8. Allowing a maximum height of 5 stories total potentially allows for a greater number of dwelling units to be located within the commercial component of the project, part of the incentive to promote such development. It also allows greater flexibility in design, and may be needed to make a project financially feasible given additional building code requirements and costs associated with certain number of building stories, e.g, elevator requirement. However, as each project will be viewed on a case by case basis via the rezone process, compatibility considerations may dictate that this maximum height not be granted for a given project. 9. The frontage /depth ratio is an effort to prevent creation of a strip commercial development, especially when combined with access limitations. For the Commercial Mixed Use Subdistrict, staff offers the below information to support the proposed criteria. a. The C -1 thru C -3 zoning districts allow the lower intensity commercial uses, and also already allow mixed residential /commercial uses as a conditional use. The C -4 and C -5 districts allow the most intense commercial uses where mixed residential /commercial may not be appropriate. b. Allowing density at 16 DU /A is seen as a necessary incentive. Existing mixed -use provisions (residential over commercial) have not been utilized; it is hoped that a higher density may provide the needed incentive to bring about such mixed -use development. c. Due to recent discussions pertaining to a specific project, staff believes it appropriate to limit potential density in the Coastal High Hazard Area (CHHA). Staff intends to comprehensively review the issue of allowable residential density in the CHHA; as a result of that review, staff may propose amendments in several places in the FLUE to more consistently address allowable density in the CHHA. Potentially, this could result in a higher, or lower, density being proposed for the CHHA. d. Staff believes it appropriate to place a ceiling on the amount of residential to insure a reasonable mix of commercial and residential uses; otherwise, the potential exists for a ludicrous ratio, e.g. 95% residential and 5% commercial. After all, this subdistrict applies to commercial properties. PROPOSED AMENDMENTS C. PETITION CPSP- 2003 -6 Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP). [Coordinator: Darren Murphy] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: At the CCPC hearing, staff recommended the marina siting criteria maps not be adopted in to the Future Land Use Element; that the CCME Objective 10.1 be modified to state the Manatee Protection Plan does restrict the location of marinas, and that it may restrict the number of wet slips, the construction of dry storage facilities, and boat ramps (a member of the local marine industries Words underlined are added; words 4fuek4hfoegh are deleted. 15 Words double underlined are added; words double are deleted — both since Transmittal. 84 1 association assisted in drafting this new text); and, that the Urban -Mixed Use District in the FLUE be modified to add informational text advising what zoning districts in the LDC allow marinas, boat yards, boat docks, boathouses and boat ramps. By vote 6/0, the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff. One person spoke, neither for nor against, seeking clarification that the amendment does not add new regulatory requirements. Staff advised that it does not as the Manatee Protection Plan is already in existence as are implementing regulations in the Land Development Code. TRANSMITTAL HEARING: BCC ACTION: The BCC approved Transmittal of this petitio n 5/0, per CCPC and staff recommendations. The amendment, as approved by BCC, is Exhibit "A" to the Ordinance. Below is recommended by staff. CCPC /BCC Transmittal version: the amended language to CCME Policy to DCA found in 10.1, as MARINA SITING CRITERIA FOR ALL REMAINING COASTAL AREAS WITHIN COLLIER COUNTY CCME, Policy 7.2.3 [page 32] "In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 44.10.1.5)." PROPOSED AMENDMENTS D. PETITION CPSP - 2003 -7 Petition requesting the adoption of a new Economic Development Element including goals, objectives and policies to the Growth Management Plan. [Coordinators: John David Moss & Randy Cohen]. TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: By vote of 6/0, the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff, subject to rodification of Policy 1.1.5 to identify other benefits of recycling, and modification of several objectives and policies to eliminate reference to specific entities. The CCPC was concerned that identifying specific entities where policies indicate the County will support them might be construed as a requirement to support them, e.g., financially, and that indicating support of specific entities may not be appropriate when the specific programs and activities of those entities are not known and /or are beyond County control. There were no speakers. TRANSMITTAL HEARING: BCC ACTION: The BCC approved Transmittal of this petition to DCA 5/0, per CCPC and staff recommendations. The amendment, as approved by BCC, is found in Exhibit "A" to the Ordinance. Below are the amended policies and objective, as recommended. CCPC /BCC Transmittal version: POLICY 1.2.4: Collier County will support the research efforts of he TawFist appropriate entities to accurately measure the economic impact of tourism and provide information for planning, marketing and management of tourism for both the private and public sectors. Words underlined are added; words stnie' -h are deleted. 16 Words double underlined are added; words double i are deleted — both since Transmittal. • ,1 PROPOSED AMENDMENTS E. PETITION CPSP- 2003 -8 Petition requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of the proposed TCMA within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fairshare developer contributions, to the Multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment. [Coordinator: Stan Litsinger] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: At the CCPC hearing, staff recommended numerous modifications, as reflected in the text below. By vote of 4/2 (Strain and Young opposed), the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff, subject to modification of CIE Policy 1.5.3C. and D., as noted below. The CCPC was concerned that most projects would not impact roadways until close to three years after their original approval because of the time needed to obtain subsequent development order approvals and to complete actual construction, therefore a time period of less than three years was inappropriate. There were four speakers. They were in support of a three -year time frame and opposed to the one year proposed by staff, and one speaker questioned the rationale for using "85V in Transportation Element Policy 5.8. TRANSMITTAL HEARING: BCC ACTION: The BCC approved Transmittal of this petition to DCA 3/2 (Coletta and Henning opposed), per CCPC and staff recommendations. Subsequent to Transmittal, primarily in response to the ORC Report, staff has proposed substantial revisions. These are shown in the attached document titled "CPSP- 2003 -8 STAFF RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' OBJECTIONS RECOMMENDATIONS & COMMENTS REPORT" and are reflected in Exhibit "A" to the Ordinance. PROPOSED AMENDMENTS F. PETITION CPSP- 2003 -9 Petition requesting change to Overlays and Special Features of the Land Use Designation Description Section of the Future Land Use Element, and revisions to the Future Land Use Map, to amend certain noise contours to correlate with the noise contours previously changed by a Land Development Code (LDC) amendment adopted on June 14, 2000, and an LDC amendment scheduled for adoption in January 2004. [Coordinator: Marcia Kendall] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: By vote of 6/0, the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff. TRANSMITTAL HEARING: BCC ACTION: The BCC approved Transmittal of this petition to DCA 5/0 per CCPC and staff recommendation. A letter received from the Naples Airport Authority (NAA) shortly after the Transmittal hearing(s) requested that a further change be made to the noise contour area depicted on the FLUM. The amendment, as approved for Transmittal by BCC and modified per NAA's request, is found in Exhibit "A" to the Ordinance. Words underlined are added; words strue'�a through are deleted. 17 Words double underlined are added; words double are deleted — both since Transmittal. STAFF RECOMMENDATION: A That the CCPC forward the 2003 cycle 2 GMP amendments (petitions CPSP- 2003 -4, CPSP -2003- 5, CPSP- 2003 -6, CPSP- 2003 -7, CPSP- 2003 -8, CPSP- 2003 -9) to the BCC with a recommendation - to adopt - with modifications since Transmittal hearings, as noted in this Staff Report - and transmit to the Florida Department of Community Affairs. Prepared By: Date: a6 — 03 Marcia R. Kendall, Plann Comprehensive Planning Department Reviewed By: L I-e Date: David Wee s, AICP, Chief Planner Comprehensive Planning Department / / -2,6--o3 Approved By: Date: (J.7 Stan Litsinger, AIC , Director Comprehensive Planning Department Approved By: Date: J seph K. Sch itt, Administrator ommunity Development and Environmental Services Division COLLIER COUNTY PLANNING COMMISSION: "J/9�1 MR. RUSSELL BUDD, CHAIRMAN 2003 cycle 2 GMP amendments - Adoption (petitions CPSP- 2003 -4, -5, -6, -7, -8, -9). Staff Report for December 4, 2003 CCPC hearing. NOTE: This petition has been advertised for the December 16, 2003 E3CC hearing. CCPC Staff Report Adoption 2003 cycle 2 G, Comp, Comp Plan Amendments, 2003 cycle GMP Am mk- dw /11 -26 -03 Words underlined are added; words _'_° t,,.eugh are deleted. is Words double underlined are added; words double are deleted — both since Transmittal. OtJ- Memorandum To: Collier County Board of County Commissioners From: Kristy Nimnuan, Planning Technician Date: December 8, 2003 Subject: Growth Management Plan Adoption Advertisement Due to the short time frame, we have yet to receive the "Certified Advertisement" from Naples Daily News, which ran in the paper on December 5th, and 10th, 2003. Therefore, I have enclosed a copy of the (uncertified) advertisement for review. As soon as the "Certified Ad" is received, it will be placed in this notebook, prior to the DCA meeting. Thank you. Cc: Stan Litsinger, AICP, Comprehensive Planning Director Comprehensive Planning Department Notice is hereby given that on Tuesday, December 16, 2003 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 , Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance, 2003 2nd Cycle a is to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows The purpose of the hearing is to consider a recommendation on amendments to the Growth Management Plan: The Ordinance title is as follows: ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE ELEMENTAND FUTURE LAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTER PLAN, THE RECREATION AND OPEN SPACE ELEMENT, THE IMMOKALEE AREA MASTER PLAN; THE INTERGOVERNMENTAL COORDINATON ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, THE TRANSPORTATION ELEMENT, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND THE ADDITION OF AN ECONOMIC ELEMEMT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. • CPSP•2003.4: • Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying zoning districts which allow and which do not allow school and school support facilities. • Amending the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school support facilities. • Amending the Intergovernmental Coordination Element (ICE) to refer to the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners. • Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM series. • Amending the Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM Series. [Coordinator: David Weeks] • CPSP- 2003 -5, Petition requesting text amendments to the Future Land Use Element and the Recreation and Open Space Element in order to incorporate the Community Character /Smart Growth principles adopted by the Community Character /Smart Growth Advisory Committee, mostly pertaining to mixed use (residential and commercial) development. [Coordinator: David Weeks] • CPSP - 2003.6, Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the County's Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP). [Coordinator: Darren Murphy] • CPSP - 2003 -7, Petition requesting the adoption of a new Economic Element including goals, objectives and policies to the Growth Management Plan. [Coordinator: David Weeks] • CPSP - 2003 -8, Petition Requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2)Transportation Concurrency Management Areas (TCMAs), and to adopt a map of the proposed TCMAs within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency; Exception Area (TCEA), and to adopt a map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add polic(es;prgvidilig,fgr ,,,% fairshare developer contributions to the Multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment.' [Coordinator: Stan Litsinger] Y CPSP- 2003 -9, Petition requesting changes to Overlaysars . ec(ahl rv� T, Features Section of the Land Use Designatlon Descripfjo'nlSelbn of i,' the Future Land Use Element and revisions to the Future ;land ' Use Map (FLUM) to amend certain noise contours to correlate with the noise contours previously changed by a Land Development Code',> amendment adopted on June 14, 2000, and a LDC Amendment scheduled for January 7, 2004. [Coordinator: Marcia Kendall] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the.Collier County Clerk's Office, 4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Section, 2800 N. Horseshoe_ Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday througA'Fdday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior, to December 16, 2003, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will. need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal Is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ""-•'M HENNING, CHAIRMAN/ GHT E. )3ROCK, CLERK By: /s /Patricia Morgan Deputy Clerk I 825 E I R20E Collier County Florida PROPOSED TCMA 9 pE x�ies — PROPOSED TCEA a 0 �w �w �p � ,�•.,R � °.µrmu,.a. mom, PROPOSED TOW 828E i 828E I R30E 831E R32E 839E 834 E LEOe"D m TCMA. TW44W TATION CONCURREl4CY AUNAGEMWr AREA k TCEA. TPoWBPOWATION CONCURR&CY MCEPnCN AREA .y 8 A PUBLIC NOTICE PUBLIC is NAPLES DAILY NEWS Published Daily Naples, FL 34102 Notice is hereby given that a public hearing Affidavit of Publication Commissioners Meeting Room, 3rd Floor, F State of Florida The purpose of the hearing is to consider a County of Collier Area Master Plan, the Recreation and Open the Transportation Element, the Conservatio Before the undersigned they serve as the authority, personally follows, appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in AN ORDINANCE AMENDWG Collier County, Florida; distributed in Collier and Lee counties UNINCORPORATED AREA OF ( of Florida; that the attached copy of the advertising, being a LAND USE MAP AND MAP SEF AREA MASTER PLAN: THE INI ELEMENT, THE CONSERVATIC in the matter of PUBLIC NOTICE SEVERABILITY AND PROVIDIN( ° CPSP- 2003 -4: was published in said newspaper 1 time in the issue Amending the Future Land on November 23rd, 2003. Use County School Board Affiant further says that the said Naples Daily News is a newspaper Naples, in Collier County, Florida, and the Bo sites and school support facilitie zoning districts published at said and that the said which allow and newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, Amending the FLUM Series to ad each day and has been entered as second class mail matter at the post sites for future schools and schoc office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of Amending the advertisement; and affiant further says that he has neither paid nor. firm Intergovernmental School Board and the promised any person, or corporation any discount, rebate, t Board of CI commission or refund for the purpose of securing this advertisement for publication in the said newspaper. t Amending the Golden Gate Area N arid the Board of County Commis, (Signature of afiant) Amending the Immokalee Area Me and the Board of County Commiss [Coordinator: David Weeks) Sworn to and subscribed before me This 25th day of November, 2003 CPSP-2003 -5, Petition requesting text at in order to incorporate the Community C [Coordinator; David Weeks) ° CPSP- 2003 -6, Petition requesting the ad, ( Signature of notary, public) Conservation and Coastal Management E �,,..••.e;; Harriett Bushong MY COMMISSION # DD234689 EXPIRES [Coordinator: Darren Murphy] as 7uy 24, 2007 BONDED THRU TROY FAIN INS URANCE, INC INS CPSP- 2003 -7, Petition requesting the adc [Coordinator: David Weeks) ° CPSP-2003 -8, Petition Requesting amend Element (CIE), Transportation Element, an revise Transportation Concurrency Managf real time checkbook concurrency manage) (2) Transportation Concurrency Manageme a map of the proposed TCMAs within the U Future Land Use Map (FLUM); to establish Concurrency Exception Area (TCEA), and t I TCEA within the Urban Designated Area on t policies providing for fairshare developer cc I MUltiModal Transportation Work Prooram nt ' I PUI3LTC NOT[CG PLn3LTC NOT[CP LT , C NOTICP PtJDLTC NOTICn PUBLIC NOTICE PUBLIC NOTICF3 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be hold by the Collier County Planning'Commission on Thursday, December 4, 2003 at 8:30 A.M. in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida. The purpose of the hearing is to consider a recommendation on amendments to the Future Land Use Element and Future Land Use Map and Map Series, the Golden Gate Q!pWaster Plan, the Recreation and Open Space Element, the Immokaloe Area Master Plan, the Intergovernmental Coordination Element, the Capital Improvement Element, ns ortation Element, the Conservation and Coastal Element and adding en Economic Development Element of the Growth Management Plan. The Ordinance title is as a ORDINANCE N0.63- 8 AN OfiDINANCC`;AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE r UNINCORPORATED AREA OF COLLIER 000NTY, FLORIDA BYPROVIDING FOR: AMENDMENTSTOTI- IE FUTURE LANDUSE ELEMENT AND FUTURE ti -EAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTEIR PLAN, THE RECREATION AND OPEN SPACE.ELEMENT; THE IMMOKALEE AREA MASTER PLAN; THE INTERGOVERNMENTAL COORDINATON ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, THE TRANSPORTATION ELEMENT, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND THE ADDITION OF AN, ECONOMIC ELEMEMT PROVIDING FOR SEVERABIL" AND PROVIDING FOR AN EFFECTIVE DATE. G. OPSIP- 2003 -4: • "Aitnendind -tho Future Land Use ElemenC (FLUE) to add a now policy referencing the two Interlocal Agreements adopted in May,2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities referencing a map of existing school and school support facilities in the FLUE support documents and, identifying ar,,ku w., ,;oning'dl$tflct5 e4j ich allow ar1d, v]ilcly do not allow school and school Support facilitles. 4 ,I S•, Amending the.EL' UM'Sdrlos to. sdd new :r raps depicting silos upon which schools and school support facilities are located, and depicting, undeveloped sites E Jor future schools and school support facilities. Amending the Jntorgovornment-�iI'Goordlnation Element (ICE) to refer to the two Intorlocal Agreements adopted in May 2003 between the Collier County School Board and the Board,of:County:4mmissioners. r Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and Y}%e'Board of County ComrnissionersPnd to cross- reforonce the FLUE and ICE policies and FLUM series. Amending thy Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board 18nd tl aMoprd of'P06hly,Commissioners'and to cross - reference the FLUE and ICE policies and FLUM Sorios. "[' *' 'h'atbr DavldllNeeks] - - y�K%Y� 2�Utl3t5 }5otlflon requoson j text amor drnents to the Goals, Objectives and Policies of the Future Land Use Element and tho Recreation and Open Space Element in order to incorporate the Community Character /Smart Growth principles adopted by the Community Character /Smart Growth Advisory Committee. [Coordinator: David Weeks] CPSP- 2003 -6, Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the County's Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP). [Coordinator: Darren Murphy] CPSP- 2003 -7, Petition requesting the adoption of a now Economic Development Element including goals, objectives and policies to the Growth Management Plan. [Coordinator: David Weeks] - CPSP- 2003 -8, Petition Requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; tc establish two (2)Transportation Concurrency Management Areas (TCMAs),.and to adopt a map of the proposed TCMAs within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fairshare developer contributions to the Multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment. CPSP- 2003 -9, petition requesting changes to Overlays and Special Features Section of the Land Use Designation Description Section of the Future Land Use Element and revisions to.the Future Land Use Map (FLUM) to amend certain noise contours to correlate with the noise contours previously changed by a Land Development Code amendment adopted on June 14, 2000, and a LDC Amendment scheduled for January 7, 2004. [Coordinator: Marcia Kendall] All interested parties are invited to appear and bo.heard. Copies of the proposed amendment are available for Inspection at the Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Sectibm (239. 403 - 2300). Written comments filed with the Comprehensive Planning Section prior to Decombor 4, 2003, will be road and considered at the public hear jig. If a person doci des to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, ho will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Russell A. Buda, Chairman Collier County tanning Commission ygrm,,! Ct PA.-! T.E x H i II 25 E - I II IU li I 11 27 E -I n 20 P —n20 F—] 0 AO E n nl P n 7Z E II IIJ F. - II 94 F 'vo DEPARTMENT OF COMMLNITY AFFAIRS O13JECTION*S, RECOMMENDATIONS AND COMMUNTS REPORT COLLIER COUNT" Y'S CONMP EFIENSIVE PLAN AMENDMENT 03 -2 October 13, 2003 Division of Community Planning This report is prepared pursuant to Mule 3J'- 11.010, F.A.C. 70 3�VO CIAITLIAIH"IJ I�u.�nn � l 8A' INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the Collier County proposed Comprehensive Plan amendment, pursuant to Section 163.3184, Florida Statutes (F.S), The objections relate to specific requirements of relevant portions of Chapter 9J -5, Florida Administrative Codes (F.A.C), and Chapter 163, Part 11, F.S. The; objections include a recommendation of an approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. The County should address each of these objections when the plan is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items that the County considers not applicable to its amendment. If that is the case, a statement, justifying its non - applicability, pursuant to Rule 91'- 5.002(2), F.A.C., must be submitted. The Department will make a determination on the non - applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments that follow the objections and recommendations are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive; concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, Organizations and individuals. These comments are advisory to the Department and nay not form bases of Departmental objections unless they appear under the "Objections" heading in this report. OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSTVE PLAN AMENDMENT 03 -2 COLLIER COUNTY L CONSISTENCE' WITH. RULE 9J-5, FAC, & CHAPTER 163, FS. Collier County has proposed several amendments to its comprehensive plan. The significant amendments in the package pertain to Amendment Number CPSP2003 -8 regarding changes to the County's Concurrency Management System, involving the Future Land Use Element, Transportation Element and the Capital Improvements Element, and Amendment CPSP- 2003 -6 where the County is incorporating the adopted boat facility siting plan into the comprehensive plan. The Department has identified several objections to Amendment Number CPSP2003 -8, and comments on Amendment CPSP- 2003 -6. OBJECTIONS A. Concurrency Management System: 1. Ability to Achieve and Maintain Adopted Level of Service Standards_ Rule 9J- 5.0055(1)(a) & (b), RuXe 9J- 5.016(44,' Florida Administrative Code (FAQ: The County is required through its scheduling of capital project and the cone- urrency management system to set forth a frnanciallyfeasible plan which demonstrates that the adopted level of service standards will be achieved and maintained. The County proposes to amend its concurrency management system (CMS) by reducing from three years to one year the period upon which developers can rely on items listed in the schedule of capital improvement, to meet concurrency. The County is also proposing not to utilize the option provided by Rule 9J- 5.0055(3)c., FAC, which allows reliance upon binding executed agreements, enforceable development agreements pursuant to 163.3220, FS, or development orders issued pursuant to .Chapter 380, FS; The Department has the following concerns with the amendment: a. Adequate data and analysis has not been provided to support the proposed change, which demonstrates that the County can achieve and maintain the adopted level of service standards (LOS) in view of the proposed stricter standards for meeting concurrency. The data and analysis provided includes two maps and two tables regarding the traffic conditions in the County. The first map shows vested traffic in 2003 with planned 2004 roadway improvements and shows the roads that will not meet level of service standards, while the second map shows vested 2010 traffic with 2011 planned improvements and the roads that will not meet level of service standards. The tables show the percentage of proposed qA -tgW,l -1-11 . Transportation Concurrency Management Area (TCMA) east/west and north/south roadway "lanemiles" that will achieve adopted level of standards based on a 110% roadway capacity using 2003 "vested traffic" and 2004 improvements. However, these data and analyses do not adequately support the changes to the CMS for the following reasons: 1. The existing traffic. conditions and the projected traffic conditions for the short term of five years (i.e., for 2004, 2005, 2006, 2007, and 2008), and the corresponding financially feasible five -year scheduled roadway improvements (for 2004, 2005, 2006, 2007, 2008, anal 2009) that will correct any identified deficiencies, in order to shove that the County can achieve and maintain the adopted level of service standards are not included. In the absence of this type of analysis, it is difficult to assess the impact of the proposed revisions to the CMS on the County's ability to achieve and maintain the adopted LOS standards. 2. The conditions shown in the 'Tables and the maps are based on 110% of the roadway capacity. The use of 110 % artificially creates additional roadway capacity in the County that would not have been present if the analysis had been based on the normal 100 %. No justification has been provided for the use of 110 % instead of the normal 100 %. 3. The map is based on "vested traffic" but the phrase "vested traffic" is not defined in the plan. Also, the traffic volume considered to be "vested traffic" has not been provided for evaluation. Chapter 163.3180(2)c, Florida Statutes (FS), and Rule 9J- 5.005(2)(a), & (c), 9J- 5.0055(1)(a) & (b), (2)(a)L, (3)(c), & 9J- 5.016(4)1., FAC. Recommendation: for the short term (at least the next five years, i.e., 2004 to 2008), include data and analysis and discussion. that demonstrates, on a year -by- year basis, the projected traffic conditions, and the corresponding financially feasible capital improvements plan (i.e., for the years 2005 to 2009) to correct any identified deficiencies and which shows that the County can achieve and maintain the adopted level of service standards for at least a five -year period. For the long term (the planning horizon of the plan; or ten years; whichever is greater), include data and analysis that projects traffic volumes, estimates level of service, and identifies improvements needed to maintain the adopted standards. Long -term improvements should be moved into the five -year financially feasible capital improvements plan during the annual update as needed. 2. Inconsistent Concurreacy Provisions: Item F of CIE Policy 1.5.3, and FLUE Policy 2.2 would grant concurrency subject to a binding commitment with the developer to make fair share funding to the County. While fair share contribution is a method for mitigating the transportation impacts of a multiuse development of regional impact pursuant to Chapter 163.3180(12), F.S., and 9J- 2.045, FAC, it is 2 MOM not one of the options allowed for meeting concurrency, pursuant to Chapter 163, FS and 93'-5, FAC, However, we understand that the County wants to apply this Option in only developments located in the TCMA.. Chapter 1.633180(2)c, FS., 9J- 5.0055(l)(a) & (b), (2)(a)l,, (3)(c), & 9J- 5.016(4)1., FAC. FAC. Recommendation: Revise to remove the option of using fair share payment as an option for meeting concurreney. B Transportation Concurrence Exception Area (TCEA): 1. Inadequate Data and Apalvsis For the TCEA: a. The County proposes to designate the southern portion of the County, in the vicinity of Airport Pulling Road and Bayshore Drive as a Transportation Concurrency Exception Area (TCEA.). Pursuant to the requirements of Rule 9J -5, FAC, the designation must be coordinated with the FDOT and the )Metropolitan Planning Organization (MPO). According to the statement on page 7 of the supporting data and analysis, the designation was coordinated with the FDOT and the MPO; however, no evidence of such coordination, in the form of correspondence from those agencies, was provided. b. Rule 9J- 5.0055(6)(d), FAC, requires that the guidelines and /or policies and Programs irnplernenting the TCEA be supported by data and analysis, including short -term, as well as long -term traffic analysis, demonstrating consideration of the impacts of the proposed development within the TCEA on the FIRS. The proposed. TCEA is not supported by the requisite data and analysis, including short and long range traffic analysis demonstrating that the impact of the proposed development within the TCEA on the FIEIS was considered. Chapter 163.3180(5)(d), FS., Rule 9J- 5.005(2)(a), & (c) and Rule 9J- 5.0055(6)(d), FAC. Recommendation: Include documentation from the FDOT and the MPO indicating their support for the Boundaries of the proposed TCEA. Include a traffic analysis for the short and long term that specifically considers the impacts of the TCEA on the FIHS. The analysis must demonstrate that the guidelines, and/or policies and,programs to address transportation needs of the area have given consideration to the impact of proposed development within the TCEA on the FMS. 2. Lack of Objectives and Policies to Implement the TCEA: Rule 9J- 5.0055(6)(a)2, FAC requires that the local comprehensive plan contain objectives and policies which specify actions and-programs to promote urban redevelopment. The comprehensive plan currently does not contain adequate objectives and policies that establish the actions and programs to promote 'urban redevelopment 3 nn -I- 8A within the TCEA. The data and analysis that is provided in support of the amendment identifies existing Future Land Use Elemeat Policies 4.4, 4.7, 5.1, and 5.9 through 5.12 and states that these policies promote izifill development in the TCEA; However, These policies lack the guidelines and programs to.promote redevelopment in this area. For example, the proposed amendment does not include provisions that will direct high intensity development to the TCEA so as to ensure that residential density and commercial intensity in the TCEA be no less than 5 units per acre and 1.0 FAIL respectively. Also, incentives that will attract infill and redevelopment to the TCEA, including affordable housing, have not been established. Chapter 163.3180(5)(d), FS., & W- SM55(6)(d), FAC, Recommendation: Include, with the amendment, specific and measurable objectives, to promote infill and redevelopment within the TCEA, and stating the pleasurable targets to be achieved, with respect to redevelopment in the TCEA, within the planning timet'rame. The objectives should be associated with clearly stated implementing policies with meaningful guidelines, programs and activities, as well as incentives that will attract redevelopment to the TCEA. Also, the County should provide incentives to developers to provide affordable housing as an additional way to shorten trip lengths. 3. lnadeouate Guidelines to Implement the TCEA. Rule 9J- 5.0055(6)(c), pAC, states that to implement the TCEA the local government should adopt as an amendment to its plan, guidelines and /or policies which sped programs to address transportation needs ofsuch areas and Rule 9,1= 5.60.5(6), FAC requires that the comprehensive plan include meaningful and predictable standards for use and development of land and which shall provide meaningful guidelines for the content of the detailed land development regulation. To this end, proposed Policy 5.6 lists nine items, four of which, if met, a certificate of concurrency shall be issued and the project will be exempt froze concurrency requirements; they are: a, Preferential parking, for carpools and vanpools, b. Parking charge, c. Cash subsidy, d. Flexible work schedules, e. Compressed work week, f Telecommuting, g. Transit subsidy, h. Bicycle and pedestrian facilities and i. Including residential units as a portion of a commercial project. However, the measures listed above do not include meaningful guidelines for their implementation. In the absence of this type of guidance it would be difficult to effectively utilize these tools to address the transportation needs of 0 C n -Dn" 1 8A the TCEA. Furthermore, it has not been shown how the combination of any four of the items listed above will promote mobility within the TCEA. Chapter 163.3180(5)(d), FS., Rule 9J- 5.0055(6)(c) & 9J- 5.005(6), FAC. .Recommendation: Revise the policy to include ineariingfiil and predictable standards and guidelines, pursuant to the requirements of ku1e 9J- 5.005(6), F.A,C., for implementing the plan, and show how the utilization of any four of the listed strategies by a developer shall address the transportation needs of the TCEA. Por example: with respect to bicycle and pedestrian facilities, it should be required that a developer construct pedestrian and bicycle paths along the entire length of the subject property and they be joined with an existing bicycle and pedestrian path (or allow room for such connection if none existed in the area) in order to provide au connected and viable system that will serve community needs. By establishing this guideline in the plan it will provide predictability and assurance that a new development or redevelopment within the TCEA will provide these facilities and, eventually, mobility in the TCEA would be enhanced. Similarly, the County should require that, in order to receive the exception from concurrency, a certain defined level of residential units be included in commercial projects located in the TCEA., and in addition, specify that some of those units be affordable, in order to provide affordable housing in the TCEA. Also, the County should require that, in order to receive the exception from concurrency, any .residential project must provide a certain amount of affordable touts. Finally, any of the items above for which the County cannot establish meaningful standards and guidelines should be excluded from the list of options. Comment: Transportation Policy 5.5 provides that among the conditions that have to be met prior to approval of a proposed development within the TCEA is that if a particular development would create impact that will reduce the 'LOS standard on FIRS roadways within the County by more than 5 percent, that project would be required to "meet the concurrency requirements specified in Rule 9J- 5.0055(3)(c)1 -7 ", and if a project will reduce the LOS standard on a FLHS roadway by less than 5 percent and meet 'the other requirements specified in proposed Policy 5.6, that project would be deemed to have met coacurrency. . Policy 5.5 makes reference to Rule 9J- 5.0055(3)(c)1 -7. The reference should be to the proposed CIE Policy 1.5.3, which lists the conditions for granting concurrency in the County, and not to Rule 9J -5, FAC. in addition, the correct citation is Rule 91'- 5.0055(3)(c)1 -4; and not Rule 9J- 5.0055(3)(c)1 -7. Revise to delete reference to Rule 9J-5.0455(3)(c)1 -7, and refer to CIE Policy 1.5.3. C. Transportation Cancurrencv Iy,IanNement Area: Proposed Policy 5.7 of the Transportation Element identifies certain areas of the County that will be treated as Transportation Concurrency Management Areas where areawide level of service determination will be applied in order to promote infill development or 5 D T 7C)" J redevelopment that will support efficient mobility altematives and public transit. Although statements are included in Attachment 2 saying that the size and boundaries of the TCMAs are consistent with the requirements of Rule 9,- 5.0055(5), FAC, the data.and analysis that support that. position. are not included. The Department has the following concerns vvith.the proposal: 1. Size of the TCMAs: Persuant to Chapter 163.3180(7), F.S., a transportation concurrency management area must be a compact geographic area with an existing network of roads where multiple, viable alternative travel paths or modes are available for common trips. Neither of the two proposed TCMAs appears to qualify as a compact geographic area inasmuch as the northwest! TCMA is more than 40 square miles, while the central TCMA is about 20 square miles. Furthermore, data and analysis have not been provided which (1) show that the road network within the TCMAs serve common origins and destinations, and (2) shove that the roads within the TCMA constitute an integrated and connected network offering multiple, viable alternative travel paths or modes for common trips. Finally, no documentation has been provided indicating that the county has coordinated the designation of the proposed TCMAs with the FDOT and the MPO and that they support the proposed designations and their boundaries. The roadway patterns within each proposed TCMA lack connectivity, and do not appear to form the type of network grid that will provide viable alternative travel pathways for trips of common origins and destinations on functionally similar roadways for which the areawide level of service standards methodology will be applied. Furthermore, no data and analysis have been presented which identifies: 1) the trips of common origins and destinations, 2) the travel pattem within and through the TCMA, and 3) the viable alternative travel pathways that could be taken to get to a particular destination. Also, the predominant land use pattern in the County is large gated communities that push traffic to the major arterial and collector roads and does not allow for secondary roads that would support a viable traffic flow. Finally, a traffic study, coordinated with the FDO T and the MPO, that shows the existing and projected traffic conditions in these areas and the need for TCMA designation in order to correct the deficiency, has not been provided. Chapter 163.3180(7), FS., Rule9J- 5.005(2)(x) & (e), .F"AC & 9j- 5-0055(5)(q)2,, 3., & (b), PAC. Recomme-adatioin: Limit the size of each proposed TCMA to a compact geographic area, with a demonstrated road network grid and travel pattern that will provide viable alternatives for common trips with similar origins n 84 and destinations within each TCMA_ Only certain areas within each proposed TCMA appear to have the grid characteristics needed for viable alternative travel pathways for trips of common origins and destinations. Finally, provide traffic studies, coordinated with -the FDOT and the MPO, justifying the boundaries of the TCMA, the existing problems in the area and the need for traffic management in order to correct the deficiency while promoting infill. and redevelopment activities. The County should explore land use options that would help generate secondary roads to distribute traffic and allow for viable travel opportunities. 2, Lacy of Specific Objectives and Policies to Implement TCMA.: Pursuant to Rule 9J-5.0055(5)(c), FAC, the local comprehensive plan shall contain adequate objectives and policies that speck actions and programs to promote infill and redevelopment. An evaluation of the comprehensive plan shows that it does not contain adequate objectives and policies that could direct infill and redevelopments activities to the TCMA. The County proposes to rely on the existing objectives and policies in the plan, however, these objectives and policies were initially formulated to achieve a different purpose and as a result, lack the necessary objective targets upon which to measure the success of the TCMA program; also the policies, in the plan, do not state clear guidelines that will promote infill and redevelopment in each TCMA. Chapter 163.3180(7), FS., and Rule 9J-5.003(82); 9J- 5.003(90), & 9J- 5.0055(5)(c), FAC Recommendation: Include, with the amendment, specific and measurable objectives that state the accomplishments to be expected during the planning timeframe in each TCMA with respect to infill and redevelopment. Each objective should be accompanied by clearly stated policies, with meaningful guidelines, programs and activities that will be undertaken to achieve the stated objective, which shall form the basis for the more detailed land development regulation. Also, the County should provide incentives to developers to provide affordable ho ing as an additional way to shorten trip -lengths. 3 Inadequate Demonstration of Transportation Manauement Strateav and Inteerated System: Pursuaht to Rule 9J- 5.0055(5)(a)6., PAC, the support document for the TCMA should demonstrate that the planned roadway improvements and other services and programs such as transportation system management (TSM) and transportation demand management (TDM) and incentives to use public transit will accomplish ,nobility within and through each concurrency management area- 7 8A in lieu of data and analysis demonstrating compliance with this provision, item 6 of the staff support documentation simply asserts that this requirement has been met, basically by restating the requirement, the plpnned roadway improvements and other services and programs, such as transportation system managemeni (TSM) and transportation demand management (TDM) strategies and incentives to tese public transit will accomplish mobility within and through. each TCMA. Furthermore, Rule 9J- 5.0055(5)(c), FAC, requires the local government to "adopt and maintain an integrated and internally consistent transportation, land use and capital improvements planning program for each coneurrency management area to maintain the established areawide level ofservice standards" Although two maps are included showing the percentage of the roadways in each TCMA that will achieve the adopted level of service (LOS) standards, in 2004 and 2011, respectively, and a table showing the roadways that will achieve the LOS standard in 2004, based on a 110% capacity, the planned roadway improvements and other services and programs that will accomplish mobility within and through each TCMA has not been presented. The data and analysis do not demonstrate that an integrated and internally consistent transportation, land use and capital improvement planning program has been adopted that will achieve and maintain the areawide LOS standard within the TCMAs over the short term (at least five years) and long -term at least 10 years or the planning horizon of the plan, whichever is greater). Chapter 163.3180(7), FS., and Rule 9J- 5.003(90), 93- 5.005(2)(a) & (c) (6), and 9J- 5.0055(5)(a)1, 6., (b), & (c), FAC. Recommendation: Include, with the amendment, specific objectives and associated policies, with meaningful guidelines and standards that would enable the accomplishment of mobility needs of each TCMA.. Also, include an integrated and internally consistent transportation, land use and capital improvement planning program that will achieve and maintain the areawide LOS standard within the, TC.NiAs over the. short term (at least five years) and long -term (at least 10 years or the planning horizon of the plan, whichever is greater). 4. Iuadequate Gaidellnes for Implementing TCMA: Transportation Policy 5.8 states that each TCMA shall maintain 85 % of its lane miles at or above the adopted LOS standard. However, the basis for selecting the 85 % has not been established in the plan. In addition, although, areawide LOS standard may be established for specified facilities in a TCMA, and must be maintained as the basis for issuing development orders, the areawide LOS is required to be for functionally similar roadways serving common origins and destinations. The County has not identified, in this amendment, the specific functionally similar roadways, with E3 common origins and destinations, for which areawide LOS standard shall be applied. Also, the adopted service volumes for those roads have not been included. Chapter. 163.3180(7), FS., and 9J- 5.005(6), 91- 5.0055.(5)(b), & (c), FAC. Recommendation- Provide inforniation justifying the use of 85 % as the cut off point for meeting LOS standards. The discussion should include relevant data and analysis to support it, in addition, specify the functionally similar east -west and north -south roadways, with common origins and destinations, for which areawide LOS standards shall be applied. Areawide "LOS standards, as well as the adopted service volumes for those roads, may only be established for facilities with similar functions and serving conunon origins and destination. It is not permissible to average the 'LOS for collection and arterial roads. The proposed area should be compact and contain the network grid for which the areawide LOS standards would be applicable, and show that these roads can provide viable travel alternatives to trips of common origins and destinations. Comment: 1. The existing FLUE Policy 2,2 lists the remedial actions that will be used to correct identified deficiencies. The list is proposed to be expanded to include T CEA, TCMA, and other.measures that will be used. However, one of the existing items listed, i.e., the establishment of "an area of significant influence for roads" does not appear to relate to the correcting of deficiencies. Revise the policy to clearly state how the delete the reference to the designation of "an area of significant influence for roads" as a remedial action to correct roadway deficiency or provide additional language explaining the significance of this designation. 2. Policy 5.9 makes reference to the items listed in "paragraph 1" of the policy, when there is no paragraph one, The correct reference should be to Policy 5.8. Also, the reference to Rule 9J- 5.0055(9), FAC, in Policy 5.9 only applies to multiuse DRIB. It is recommended that the County revise the policy to delete the reference.to paragraph l and instead refer to Policy 5.8. Also, the reference to Rule 9J- 5,0055, FAC should be deleted. Amendment CPSP - 2003, -6: This amendment would incorporate the County's existing manatee protection plan into the comprehensive plan. Comment: Although the Department endorses the Collier County Manatee Protection Plan, - the plan is dated and the data and analysis upon which it is based may not represent the best available data. We would encourage the County to update the plan as part of the forthcoming evaluation and appraisal report and the EAR-based amendment process by incorporating new data and, if necessary, revising the guidelines in the manatee protection plan, accordingly. Il. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendments are not consistent with the State Comprehensive plan including the following goal and policies: Public Facilities Goal (17)(a) and Policies (b)1., & 2.; regarding the provision of public facilities; Recommendation: ,Revise the proposed amendments, as indicated in the objections and recommendations of this report, in order to be, consistent with the above goals and policies of the State Comprehensive Plan. 14 8A a c; CPSP- 2003 -8 ATTACHMENT A STAFF RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' OBJECTIONS RECOMMENDATIONS & COMMENTS REPORT Prepared by Collier County Comprehensive Planning Department December 2003 1 INTRODUCTION [**tf Rule 9J -5, Florida Administrative Code (F.A.C.) authorizes the establishment of Transportation Concurrency Management Areas (TCMAs) as an alternative transportation concurrency approach promoting infill development and redevelopment within selected portions of urban areas and supporting use of more efficient mobility alternatives, such as transit, carpools, vanpools, and bicycles and walking (when appropriate). The Rule also allows local governments to establish Transportation Concurrency Exception Areas ( TCEAs) in order "to reduce the adverse impact transportation concurrency may have on urban infill development and redevelopment." Establishment of the proposed TCMAs and TCEA, in concert with the imposition of a real -time concurrency management system by Collier County will facilitate growth management within the County's urban transportation network without hindering the County's ability to apply a wide range of strategies to address known problem areas, without the need to resort to growth moratoria as a solution to traffic problems. The use of a real -time concurrency management system provides Collier County with the ability to analyze the transportation impacts of new development as part of the County's development review process. However, even with such a system in place, the County cannot prevent previously zoned but unbuilt (no final local development order), or "statutorily vested," development from affecting constrained and /or deficient roadway segments indefinitely. The TCMAs and TCEA provide an alternative means of analyzing new development proposals for transportation concurrency by enabling the County to establish area -wide level of service standards (LOSS) and through averaging traffic volumes over a defined geographical roadway network, wherein alternative traffic routes and alternative modes of travel are available. In responding to the Objections and Recommendations made within the Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments (ORC) Report, it is important to note the following aspects of the Collier County Growth Management Plan (GMP): • Taken as a whole, the GMP provides an "Urban Infill and Urban Redevelopment Strategy" that seeks to direct most future growth into the identified Urban Area. • The proposed TCMAs and TCEA are consistent with, and further, this strategy. The following report identifies the DCA Objections, Recommendations and Comments, followed by the Collier County staff responses. 2 OBJECTIONS A. Concurrency Management System: 1. Ability to Achieve and Maintain Adopted Level of Service Standards: Rule 9J- 5.0055(1)(a) & (b), Rule 9J- 5.016(4) 1, Florida Administrative Code (FAC); The County is required, through its scheduling of capital projects and the concurrency management system to set forth a financially feasible plan which demonstrates that the adopted level of' service standards will be achieved and maintained. The County proposes to amend its concurrency management system (CMS) by reducing from three years to one year the period upon which developers can rely on items listed in the schedule of capital improvements, to meet concurrency. The County is also proposing not to utilize the option provided by Rule 9J- 5.0055(3) c, FAC, which allows reliance upon binding executed agreements, enforceable development agreements pursuant to 163.3220, FS, or development orders issued pursuant to Chapter 380, FS. The Department has the following concerns with the amendment: a. Adequate data and analysis has not been provided to support the proposed change, which demonstrates that the County can achieve and maintain the adopted level of service standards (LOS) in view of the proposed stricter standards for meeting concurrency. The data and analysis provided includes two maps and two tables regarding the traffic conditions in the County. The first map shows vested traffic in 2003 with planned 2004 roadway improvements and shows the roads that will not meet level of service standards, while the second map shows vested 2010 traffic with 2011 planned improvements and the roads that will not meet level of service standards. The tables show the percentage of proposed Transportation Concurrency Management Area (TCMA) east /west and north/south roadway "lanemiles" that will achieve adopted level of service standards based on a 110% roadway capacity using 2003 "vested traffic" and 2004 improvements. However, these data and analyses do not adequately support the changes to the CMS for the following reasons: 1. The existing traffic conditions and the projected traffic conditions for the short term of five years (i.e., for 2004, 2005, 2006, 2007, and 2008), and the corresponding financially feasible five -year scheduled roadway improvements (for 2004, 2005, 2006, 2007, 2008, and 2009) that will correct any identified deficiencies, in order to show that the County can achieve and maintain the adopted level of service standards are not included. In the absence of this type of analysis, it is difficult to assess the impact of the proposed revisions to the CMS on 91 • 1 10 Al the County's ability to achieve and maintain the adopted LOS standards. 2. The conditions shown in the Tables and the maps are based on 110% of the roadway capacity. The use of 110% artificially creates additional roadway capacity in the County that would not have been present if the analysis had been based on the normal 100 %. No justification has been provided for the use of 110% instead of the normal 100 %. 3. The map is based on "vested traffic" but the phrase "vested traffic" is not defined in the plan. Also, the traffic volume considered to be `'vested traffic" has not been provided for evaluation. Chapter 163.3180(2) c, Florida Statutes (FS), and Rule 9J- 5.005(2)(a), & (c), 9J- 5.0055(1)(a) & (b), (2)(a) 1, (3)(c), & 9J- 5.016(4) 1, FAC. Recommendation: For the short term (at least the next five years, i.e., 2004 to 2008), include data and analysis and discussion that demonstrates, on a year -by -year basis, the projected traffic conditions, and the corresponding financially feasible capital improvements plan (i.e., for the years 2005 to 2009) to correct any identified deficiencies and which shows that the County can achieve and maintain the adopted level of service standards for at least a five -year period. For the long term (the planning horizon of the plan, or ten years, whichever is greater), include data and analysis that projects traffic volumes, estimates level of service, and identifies improvements needed to maintain the adopted standards. Long -term improvements should be moved into the five -year financially feasible capital improvements plan during the annual update as needed. STAFF RESPONSE General Response: In the introduction to the above series of objections and recommendations, Department of Community Affairs (DCA) staff noted: The County is also proposing not to utilize the option provided by Rule 9J- 5.0055(3) c, FAC, which allows reliance upon binding executed agreements, enforceable development agreements pursuant to 163.3220, FS, or development orders issued pursuant to Chapter 380, FS. County staff did intend to allow use of "development agreements ". FLUE Policy 2.2 was amended to add the following phrase, "enter into a binding commitment with a developer to construct the needed facilities ". In response to the Department's concerns, staff is proposing to add the phrase "if applicable," to provision F., of the proposed amendment to CIE Policy 1.5.3. The revised policy would read as follows: F OR - - Mr-IN I f- (In the following text, a single underline or single strikethrough represents Policy 1.5.3, as previously submitted. A double underline or double strikethrough represents proposed additional language.) Capital Improvement Element (CIE) Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. The necessary facilities and _ services are in place at the time a final site development plan final plat or building permit is issued; or B. The necessary facilities and services are under construction or the contract for such facilities and services has been let at the time a final site development plan, final plat or building permit is issued; or C. The necessary facilities and services are in the first year of the adopted Collier County Budget following each AL1IR at the time a final site development plan, final plat or building permit is issued; or D. The necessary facilities and services are in the first year of FDOT 5 -Year Work Program at the time a final site development plan, final plat or building permit is issued; or E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this GMP and meets the applicable requirements of Policies 5.5 through 5.8 of the Transportation Element =or F. The necessary facilities and services are the subiect of a binding_ commitment with the Developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element if a licable or to construct the needed facilities. (Note: At Transmittal, an earlier version of this paragraph was included in the Transmittal Resolution, but was inadvertently left out of the Staff Report.) - - - Mr-IN I - M-11 ON I. 6. A nlnn -am any read pfejeet whieh is needed to --i.A-i el of sefviee Response to Objection A.La.l: Ability to Achieve and Maintain LOS The ability to achieve and maintain LOS standards to keep up with growth is being achieved through an aggressive work program that not only covers major widening projects but also a wide variety of Transportation System Management, Transportation Demand Management, Transit and Bicycle/Pedestrian projects. Currently the County has a $417 million dollar work program to meet its transportation needs. This aggressive work program has helped to address a backlog of projects and will allow us to keep up with the growth of the County. The included spreadsheet titled "Collier County Concurrency Projections Based on Committed Traffic Growth" addressed the year -by- year traffic projections of committed traffic from approved Development projects through 2011 (see Exhibit A). Included are the projects that can be built within that time frame based on the revenue projections from gas taxes, impact fees and bonding. The County 0 k4 h has also been successful obtaining grants but this is not included in the revenue estimates, although, this will continue to be pursued by staff. TCEA & TCMAs Based on the programmed improvements, most of the roadway segments are projected to meet the LOS standards through 2011. The exceptions to those are the reasons that the TCEA and TCMAs were developed. In the Northwest TCMA, segments of US 41 and Vanderbilt Beach Road are projected to fall below the LOS standard and both are constrained facilities. In the East Central TCMA, segments of Davis Boulevard, Golden Gate Parkway, Santa Barbara Boulevard and Collier Boulevard are projected to fall below the LOS standard within the analysis period. Golden Gate Parkway and Santa Barbara Boulevard are constrained by policy while Davis Boulevard and Collier Boulevard have interim improvements programmed but may fall below their LOS standard before the major improvements can be constructed by the State. Major Road Improvements Major widening projects that will occur over the next ten years within the Northwest TCMA include: Immokalee Road (4 to 6 lanes), the construction of a new roadway, Livingston (north section) East -West (4 lanes), and the widening of Goodlette Frank Road (4 and 6 lanes). Major projects in the East Central TCMA include: widening Santa Barbara Boulevard (4 to 6 lanes), Collier Boulevard (4 to 6 lanes), Davis Boulevard (2 and 4 lanes to 6 lanes) and the widening of the existing portion of Green Boulevard (2 to 4 lanes) and the planned new construction of Green Boulevard over the Interstate to Livingston Road (new 4 lane facility). TSM /TDM Improvements & Transit Enhancements In addition to the widening projects that are programmed in the CIE, the County and the MPO are actively developing Transportation System Management (TSM), Transportation Demand Management (TDM) and Enhancements to the transit system to address the specific transportation needs in the TCEA, TCMAs and the rest of the County. Currently, the County and MPO are in the process of updating the analysis of the roadway network using Synchro. This modeling program will be used in the MPO's Congestion Management System to determine TSM improvements throughout the roadway system. This has particular application within the TCEA/TCMA areas where widening beyond six lanes is sometimes no longer an option. The use of Synchro is the best tool for determining how beneficial each TSM improvement is to the capacity of the subject roadway. In addition, the County has been proactive in pursuing grant funding for TSM improvements from various sources as well as currently undergoing a major signal interconnection project in several different phases (the first phase will come on line within the next three months) that includes video monitoring of traffic congestion for real time timing changes. 7 East - Central TCMA $ p !l+1. Within the proposed East Central TCMA (see Exhibit B) there are several recently completed, under construction or proposed TSM projects that are in progress to obtain more capacity from the existing road network. Major intersection improvements are currently under construction at Davis Boulevard and CR 951 (Collier Boulevard) to add turn lanes, receiving lanes at the interso ction and a divided median to add capacity until the widening project (right -of -way is programmed and construction should be funded around 2009) can start. Also under construction are new turn lanes at Golden Gate Parkway and Coronado Parkway. An additional westbound left at Golden Gate Parkway and Collier Boulevard is currently being studied to address the heavy left turn and back- ups at that location. Intersection improvements at Green Boulevard and Sunshine Boulevard are planned for later this year to address delay and safety issues at this intersection. Within the last year a triple left northbound turn lane and dual right eastbound turn lane at Logan Boulevard and Pine Ridge Road have been built to help address heavy turning movements heading to the west in the morning and back to the east at night. The intersection of Radio Road and Davis Boulevard has been totally rebuilt and realigned to address back -ups and safety issues at this location. Northwest TCMA Within the Northwest TCMA fsee Exhibit Q. there are also several recently completed, under construction or planned TSM projects that are in progress to gain capacity on various roadways. An additional left turn lane eastbound has been added at the intersection of Naples Boulevard and Pine Ridge Road to allow better timing and operations at this intersection and within the Pine Ridge corridor. Turn lane improvements are planned for the intersection of Wiggins Pass Road and US 41, including the addition of a northbound left turn lane and a receiving lane on Wiggins Pass Road as well as an exclusive eastbound left turn lane to improve the timing and operations at this intersection. Intersection improvements are also being planned for the intersection of 111TH Avenue and Vanderbilt Drive and 111TH Avenue and 7TH Street. These improvements include the addition of an eastbound left turn lane at Vanderbilt and a westbound left turn lane at 7TH Avenue. Recently completed TSM projects within this TCMA include the addition of a southbound left turn lane and a northbound right turn lane at Wiggins Pass and Vanderbilt Drive. South U.S. 41 TCEA There are also a few Transportation System Management projects that are being planned for the South US 41 Transportation Concurrency Exception Area (see Exhibit D). The addition of a southbound left turn lane at the intersection of Airport- Pulling Road and US 41 is being studied. Recently completed improvements at Rattlesnake Hammock Road and US 41 and planned additional construction (by a Developer) between US 41 and Thomason Drive will help the operations of that signal and provide better interconnection in this area. Transportation Demand Management programs have been implemented on a spot -by -spot basis and have included variable hours, carpooling and transit subsidies but N. will be further focused in on the TCMA and TCEA areas. In regards to specifics to the TCEA area, a transit subsidy was implemented for the County Government Center to entice increased ridership relative to this DRI. The County's transit system is only two years old but is well above the five -year ridership projections and is increasing at astounding levels. Currently, as is shown on the attached maps (TR -4, 5 &6), the transit system is expanding and at last count the ridership was approaching nearly 60,000 passengers per month. Transit shelters are being added to the system to add to the comfort and safety of the riders and this adds to the passenger numbers. Bicycle & Pedestrian Facilities In addition, the County's Land Development Code has been tightened up to ensure that bicycle and pedestrian facilities are built as Development occurs. This includes sidewalks on both sides of the road and paved shoulders or bike lanes on Collector or Arterial roads. The County has added a lot of miles of sidewalks and paved shoulders/bike lanes with the large road widening program and continues to get grants and use additional funding from the program to fill in gaps in the sidewalk system and add sidewalks to road facilities that currently don't have any. Response to Objection A.La.2: Use of 110% of Road Capacity With regard to DCA Objection A. La.2, above, the Objection is not relevant since the data is actually based on 100% road capacity. The tables and maps were mislabeled based on an earlier analysis that was done to see how constrained facilities (allowing capacity to 110% of service volume) would affect the results. The analysis was later revised to 100% capacity but the table and map references were incorrectly not revised. The submitted analysis is based on 100% capacity (see Exhibit E). Response to Objection A.La.3: Vested Traffic Not Defined or Volume Provided Within Objection #3, the Objection states: The map is based on "vested traffic" but the phrase "vested traffic" is not defined in the plan. Also, the traffic volume considered to be "vested traffic" has not been provided for evaluation. Definition of Vested Traffic. The Transportation Analysis provides the requested traffic volume information. However, a definition of "vested traffic" can be derived from page 3 of the transmitted amendment packet, specifically under Item B., the explanation for the proposed changes to Policy 5.3. This paragraph reads as follows: "This amendment recognizes the completion of the analysis of current background traffic and future phased traffic impact on the financially feasible road network that will be generated by the 300+ PUDs, some of which may be vested for transportation concurrency, and platted subdivisions such as Golden Gate Estates. This vested traffic X analysis was undertaken to build wild a database in support of these phase two concurrency management amendments." As the paragraph above explains, the County previously conducted an analysis of the "vested traffic" generated by the County's 300+ approved PUDs, as well as platted subdivisions, such as Golden Gate Estates (staff notes that the latter would also include Golden Gate City). The logic was that the transportation impacts of these developments are already approved or "vested," (i.e., committed for transportation planning purposes). Vested Traffic Volume The development of committed or vested traffic was undertaken to evaluate the impacts of development traffic to the roadway system to help determine the impacts of a "checkbook" concurrency system, to determine what planned improvements would be needed to meet the development of these projects and to establish a baseline for the first year of the Concurrency Management System. These projects are ones that, from a planning analysis standpoint are vested for transportation concurrency (meet statutory requirements, have built required infrastructure, have paid transportation impact fees through a Developers Contribution Agreement, etc.) and would not necessarily be analyzed when a checkbook concurrency system was fully operational. The traffic impact of these developments was analyzed using the FSUTMS model to indicate what the projected traffic would be on each of the roadway links through 2011. A twenty percent internal capture rate was used for each of the developments and the model determined the distribution of the trips. In addition to these projects, the platted areas of Golden Gate Estates were included in this analysis since the single - family homes will keep developing (and by themselves are not analyzed as part of an ongoing concurrency system) and collectively have a large impact on the roadway system. Each of the projects' remaining density was modeled and applied to the roadway system over an assumed seven year build -out matching the average build -out for projects in Collier County. When the total amount of units and commercial space was added up and divided by the seven years it matched up very well with the yearly absorption rates experienced by the County for household units and commercial space over the last several years. This is where the growth is occurring and is expected to occur over the next few years and was a good way of determining the impact of this growth on the transportation system. The results of this analysis, year -by -year Level -of- Service, is illustrated in the spreadsheet labeled "Collier County Concurrency Projections Based on Committed Traffic Growth" (ineluded with this Nun see Exhibit A). The use of this data for the baseline of the concurrency system ensures that vested traffic will be accounted for as new developments come forward and are debited off of the remaining available capacity. Staff notes that, in the Transmittal version of the proposed amendments, the Transportation Analysis for the TCMAs contained maps that referred to "Vested Traffic." In order to avoid confusion, Transportation Planning staff has prepared reyised Yer-si .... 10 PPil_ 4l .. " numerous attached exhibits using the phrase "committed traffic.." in stead of "vest traffic." OBJECTIONS A.2. Inconsistent Concurrence Provisions: Item F of CIE Policy 1.5.3, and FLUE Policy 2.2 would grant concurrency subject to a binding commitment with the developer to make fair share funding to the County. While fair share contribution is a method for mitigating the transportation impacts of a multiuse development of regional impact pursuant to Chapter 163.3180(12), F.S., and 9J- 2.045, FAC, it is not one of the options allowed for meeting concurrency, pursuant to Chapter 163, FS and 9J -5, FAC. However, we understand that the County wants to apply this option in only developments located in the TCMA. Chapter 163.3180(2) c, FS, 9J- 5.0055(l.)(a) & (b), (2)(a) 1, (3)(c), & 9J- 5.016(4) 1, FAC. Recommendation: Revise to remove the option of using fair share payment as an option for meeting concurrency. STAFF RESPONSES: CIE Policy 1.5.3.F, has been amended (see above) to address this recommendation. Also, staff is recommending the creation and adoption of new Transportation Element Policy 5.9, as follows: Transportation Element New Policy 5.9 Policy .9 Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and /or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS) vet continue to maintain the established percentage of lane miles indicated in Policy 5.8 a proportionate share payment shall be required as follows: a. Proportionate share payments shall be calculated using the formula established in Rule 9J- 2.045(2)(h) F.A.C. The facility cost for a constrained roadway link shall be established using a typical lane mile cost as determined by the Collier County_ Transportation Administrator of adding lanes to a similar area/facility type as the constrained facility. b. Proportionate share payments shall be utilized by Collier County to add trip ca acity within the impacted TCMA road segments) and /or to enhance mass transit or other non - automotive transportation alternatives which adds trip capacity within the impact fee district or adjoining impact fee district 11. 1;= C. Proportionate share payments under this section are determined subsequent to a finding of concurrence for a proposed project within a TCMA and do not influence the concurrence determination process. d No impact will be de minimis if it exceeds the adopted level -of- service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR -7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. OBJECTIONS: B. Transportation Concurrency Exception Area (TCEA): 1. Inadequate Data and Analysis for the TCEA: a. The County proposes to designate the southern portion of the county, in the vicinity of Airport Pulling Road and Bayshore Drive as a Transportation Concurrency Exception Area (TCEA). Pursuant to the requirements of Rule 9J -5, FAC, the designation must be coordinated with the FDOT and the Metropolitan Planning Organization (MPO). According to the statement on page 7 of the supporting data and analysis, the designation was coordinated with the FDOT and the MPO; however, no evidence of such coordination, in the form of correspondence from those agencies, was provided. b. Rule 9J- 5.0055(6)(d), FAC requires that the guidelines and /or policies and programs implementing the TCEA be supported by data and analysis, including short -term, as well as long -term traffic analysis, demonstrating consideration of the impacts of the proposed development within the TCEA on the FIHS. The proposed TCEA is not supported by the requisite data and analysis, including short and long -range traffic analysis demonstrating the impact of the proposed development within the TCEA on the FIHS was considered. Chapter 163.3180(5)(d), FS, Rule 9J- 5.005(2)(a), & (c), and Rule 9J- 5.0055(6)(d), FAC. Recommendation: Include documentation from the FDOT and the MPO indicating their support for the boundaries of the proposed TCEA. Include a traffic analysis for the short and long term that specifically considers the impacts of the TCEA on the FIHS. The analysis must demonstrate that the guidelines, and /or policies and programs to address transportation needs of 12 V_ t.: the area have given consideration to the impact of proposed development within the TCEA on the FIHS. STAFF RESPONSES: Correspondence from FDOT and the MPO is a will be forwarded to DCA in the near future. A complete response to these Objections/Recommendations is included under Objection C.2, below. With regard to DCA Objection B. Lb, above, the only FIRS facility in Collier County is I -75 and the remaining developable vacant land within the TCEA is not large enough to impact the operations of I -75. The short-term traffic analysis of I -75 has warranted the widening of this facility to six lanes and currently this improvement is programmed through the right -of -way phase. In addition, the long term traffic analysis indicates that portions of I -75 in Collier County will need to be widened to 8 and 10 lanes and this is being explored through the legislation that has been put forth that may establish a toll authority to make this happen in Lee and Collier County's. OBJECTIONS 2. Lack of Obiectives and Policies to Implement the TCEA: Rule 9J- 5.0055(6)(a) 2, FAC, requires that the local comprehensive plan contain objectives and policies which specify actions and programs to promote urban redevelopment. The comprehensive plan currently does not contain adequate objectives and policies that establish the actions and programs to promote urban redevelopment within the TCEA. The data and analysis that is provided in support of the amendment identifies existing Future Land Use Element Policies 4.4, 4.7, 5. 1, and 5.9 through 5.12 and states that these policies promote infill development in the TCEA. However, these policies lack the guidelines and programs to promote redevelopment in this area. For example, the proposed amendment does not include provisions that will direct high intensity development to the TCEA so as to ensure that residential density and commercial intensity in the TCEA be no less than 5 units per acre and 1.0 FAR respectively. Also, incentives that will attract infill and redevelopment to the TCEA, including affordable housing, have not been established. Chapter 163.3180(5)(d), FS, & 9J- 5.0055(6)(d), FAC. Recommendation: Include, with the amendment, specific and measurable objectives, to promote infill and redevelopment within the TCEA, and stating the measurable targets to be achieved, with respect to redevelopment in the TCEA, within the planning timeframe. The objectives should be associated with clearly stated implementing policies with meaningful guidelines, programs and activities, as well as incentives that will attract redevelopment to the TCEA. Also, the 13 County should provide incentives to developers to provide affordable housing as an additional way to shorten trip lengths. STAFF RESPONSES As noted previously, the majority of the geographic area covered by the proposed TCEA (and the TCMAs, for that matter) is already developed. The average density and intensity for the project area currently exceeds the referenced figures (5 units per acre, and 1.0 FAR, respectively). Also, as noted within the staff analysis submitted with the proposed amendments, approximately 80�c of the proposed TCEA is within the existing Bayshore- Gateway Triangle Community Redevelopment Area (see Exhibit D). The only types of development that can physically occur within the TCEA (at the present time) are redevelopment and infill development. A unique aspect of the Collier County Future Land Use Element (FLUE) is the degree to which the FLUE relies on land use designations to enforce the provisions of the GMP. These designations are shown on the adopted Future Land Use Map (FLUM), referenced in FLUE Goal 1, Objective 1. 1, and the policies contained therein. The designations include broad geographic designations, districts, subdistricts and planning overlays. As an example of some of these, the County's Mixed Use Activity Centers are referred to within the FLUE as: Urban Future Land Use Designation, Urban Commercial District, Mixed Use Activity Center Subdistrict. A specific number also designates each of the Centers. Thus, the Center located near the intersection of Airport- Pulling Road and Pine Ridge Road is designated Mixed Use Activity Center #13. Though not considered Goals, Objectives and Policies, these "Future Land Use Designations" are part of the adopted portion of the FLUE, and therefore enforceable. Information regarding certain designations that encourage infill development, redevelopment and affordable housing creation were included in the supporting data and analysis transmitted with the proposed amendments. However, none of these designations appear to have been referenced within the Department of Community Affairs' Objections, Recommendations and Comments Report (ORC Report). This leads Comprehensive Planning staff to the conclusion that DCA staff did not understand that these designations are part of the adopted portion of the GMP and have the weight of Goals, Objectives and Policies. Within the Future Land Use Designations contained within the FLUE is a description of the County's Density Rating System (or DRS). The DRS regulates the density of residential development, primarily within the Urban Designation, Urban Mixed -Use District of the FLUE. This area includes the majority of the land area within the TCEA and the two TCMAs. The DRS consists of a series of bonuses and reductions, applicable to residential development and residential portions of mixed -use development within the Urban Area. Within the DRS, the following provisions act as incentives or regulations to guide infill, redevelopment and the creation of affordable housing into the TCEA. (Note: 14 R e The following numbered items are quoted directly_ from the DRS discussion within the FLUE. Numbered items not referenced below do not apply to the TCEA.) 1. Conversion of Commercial Zoning If the project includes conversion of commercial zoning that is not located within a Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of commercial zoning that is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. (Staff Note: This provision allows a developer of a residential project, or mixed use project containing residential, to add to the project's density by conversion of pre -GMP commercial zoning to residential. This provision has two purposes: 1) to encourage the elimination of ' non- conforming commercial zoning within the Urban Designation, and 2) to promote residential redevelopment within the Urban Area.) 3. Affordable Housing To encourage the provision of affordable housing within the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91 -102, adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, Affordable Housing projects must provide appropriate mitigation consistent with Policy 13.1.2 of the Conservation and Coastal Management Element. Additionally, the Affordable Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.7.7 of the Land Development Code. (Staff Note: The portion of this provision relating to the Rural Lands Stewardship Area Overlay does not affect the proposed TCEA. However, a portion of the TCEA is within the Urban Coastal Fringe Subdistrict. This provision would allow a density of up to 12 units per acre within the TCEA, north of US 41, if the development in question included Affordable Housing (subject to the criteria expressed above). South of US 41, within the Urban Coastal Fringe, this provision is one of only two means that a development can exceed a density of 4 units per acre. This provision was established for the purpose of incentivising infill and redevelopment containing affordable housing. 4. Residential In -fill To encourage residential in -fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: -- (a) The project is 20 acres or less in size; 15 8 A (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (e) There is no common ownership with any adjacent parcels; (f) The parcel in question was not created to take advantage of the in -fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands. (h) Projects qualifying under this provision may increase the base density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Within one year, the County will adopt LDRs to implement this "by right" Rural -to -Urban transfer process, subject to the above criteria, excluding (c). (Staff Note: This provision has two purposes: 1) to encourage infill within the Urban Area (north of U.S. 41 within the TCEA, including the TCEA and TCMAs; and 2) to require TDR credits from Rural Fringe Sending Areas to be used for Urban infill.) 6. Transfer of Development Rights To encourage preservation /conservation of natural resources, density transfers are permitted as follows: (a) Within that portion of the Urban designated area subject to this Density Rating System, density may be increased above and beyond the density otherwise allowed by the Density Rating System in accordance with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the Land Development Code adopted by Ordinance #91 -102, on October 30, 1991, as amended; (b) From Sending Lands in conjunction with qualified infill development; and, (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre. In no case shall density be transferred into the Coastal High Hazard Area from outside the Coastal High Hazard Area. Lands lying seaward of the Coastal High Hazard Boundary, identified on the Future Land Use Map, are within the Coastal High Hazard Area. (Staff Note: This provision recognizes that the County's two existing TDR programs may be used to increase residential density within the Urban area. The program referred to within item (a), above is for the purpose of encouraging transfer of density out of environmentally sensitive portions of the Urban Designated Area. Within the TCEA, this transferred density could only be applied to the area located north of U.S. 41 and east of Airport Road. Items (b) and (d), above, refer to the TDR program 16 associated with the Rural Fringe Mixed -Use District. Item (d) does not apply to the TCEA. The Density Rating System contains one density reduction factor: the Traffic Congestion Area. This factor applies to all of the proposed TCEA (Map TR -4). The Traffic Congestion Area also applies to a portion of the East Central TCMA (Map TR -6), and the majority of the Northwest TCMA (Map TR -5). 1. Traffic Congestion Area If the project were within the Traffic Congestion Area, an area identified as subject to long -range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport - Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. (Staff Note: Regardless of any Density Bonus provisions that may apply to a particular proposed development, this provision subtracts I unit of density if the proposed project is located within the Traffic Congestion Area. On the surface, this factor would seem to provide a disincentive to infill or redevelopment projects. However, wise use of the Bonus provisions previously described (e.g., affordable housing or conversion of-non- compliant commercial uses to residential) can, in practice, overcome the reduction (but only up to a maximum density of 16 units per acre).) Comprehensive Planning staff believes that the referenced provisions of the Density Rating System meet the requirement of the DCA Recommendation, under Objection #2, above, of being "specific and measurable objectives, to promote infill and redevelopment within the TCEA." Staff also believes that these provisions provide an incentive for developers to create affordable housing, although not (as stated in the Recommendation) for the purpose of shortening trip lengths. However, to provide further incentive for redevelopment within the TCEA and the TCMAs, including an incentive for the creation of Affordable Housing, staff proposes the following additional amendments: Staff - Recommended Changes to Proposed Future Land Use Element (FLUE) Policy 2.4 Explanation: The purpose of the following changes to proposed FLUE Policy 2.4 is to provide further encouragement for proposed developments within the TCEA to obtain an exception from 17 L`. concurrency requirements through the certification program, as described in Transportation Element Policy 5.6. The proposed changes will also establish an additional incentive for the creation of new affordable housing within the TCEA. Revised FLUE Policy 2.4: (In the following text, a single underline represents Policy 2.4, as previously submitted. A double underline represents proposed additional language.) Pursuant to Rule 9J- 5.0055(6)(a) 3 F.A.C. and the Urban Infill and Urban Redevelopment Strategy contained in this element of the GMP development located within the South U.S. 41 Transportation Concurrency Exception Area TCEA See ma TR41 may be exempt from transportation concurrence re uirements so long as impacts to the transportation system are mitigated using the procedures set forth in Policies 5.5 and 5.6 of the Transportation Element of the GMP Developments within the South U.S. 41 TCEA that obtain an exception from concurrence requirements for transportation pursuant to the certification process described in Transportation Element Policy 5.6 of this GMP and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code as amended) as part of their plan of development - shall not be subiect to the Traffic Congestion Density Reduction, as contained in the Density Rating System of this Future Land Use Element Developments within the Northwest and East- Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5 and Transportation Policies 5.7 and 5 8 and that include Affordable Housing (as per Section 2 7 7 of the Collier County and Development Code as amended) as part of their plan of development shall not be subject to the Traffic Con estron Density Reduction as contained in the Density Rating System of this Future Land Use Element Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements Whether or not a concurrence exception is requested, developments will be subject to a concurrence review for the purpose of reserving_ capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. In addition to the above, staff is proposing to amend the Traffic Congestion Area provision of the Density Rating System of the FLUE to read as follows: 1. Traffic Congestion Area If the project were within the Traffic Congestion Area, an area identified as subject to long -range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the IN r western coastal Urban Designated Area seaward of a boundary marked by Airport- Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Furthermore this density reduction shall not apply to developments located within the South U.S. 41 TCEA (as identified within Transportation Element. Map TR -4. (see Exhibit Dl and Policies 5.5 and 5 6 and FLUE Policy 2.4) that obtain an exception from concurrence requirements for transportation pursuant to the certification process described in Transportation Element Policy 5.6 of this GMP and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plan of development. This reduction shall likewise not be applied to Developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6 5 and Transportation Policies 5.7 and 5.8, and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code as amended) as part of their plan of development. OBJECTIONS B. 3. Inadequate Guidelines to Implement the TCEA: Rule 9J- 5.0055(6)(c), FAC, states that to implement the TCEA the local government should adopt as an amendment to its plan, guidelines and /or policies which specify programs to address transportation needs of such areas and Rule 9J- 5.005(6), FAC, requires that the comprehensive plan include meaningful and predictable standards for use and development of land and which shall provide meaningful guidelines for the content of the detailed land development regulation. To this end, proposed Policy 5.6 lists nine items, four of which if met, a certificate of concurrency shall be issued and the project will be exempt from concurrency requirements; they are: a. Preferential parking for carpools and vanpools, b. Parking charge, C. Cash subsidy, d. Flexible work schedules, e. Compressed work week, f. Telecommuting, g. Transit subsidy, h. Bicycle and pedestrian facilities and i. Including residential units as a portion of a commercial project. 19 • 1 R However, the measures listed above do not include meaningful guidelines for their implementation. In the absence of this type of guidance it would be difficult to effectively utilize these tools to address the transportation needs of the TCEA. Furthermore, it has not been shown how the combination of any four of the items listed above will promote mobility within the TCEA. Chapter 163.3180(5)(4), FS, Rule 9J- 5.0055(6)(c), & 9J- 5.005(6), FAC. Recommendation: Revise the policy to include meaningful and predictable standards and guidelines, pursuant to the requirements of Rule 9J- 5.005(6), F.A.C., for implementing the plan, and show how the utilization of any four of the listed strategies by a developer shall address the transportation needs of the TCEA. For example: with respect to bicycle and pedestrian facilities, it should be required that a developer construct pedestrian and bicycle paths along the entire length of the subject property and they be joined with an existing bicycle and pedestrian path (or allow room for such connection if none existed in the area) in order to provide a connected and viable system that will serve community needs. By establishing this guideline in the plan it will provide predictability and assurance that a new development or redevelopment within the TCEA will provide these facilities and, eventually, mobility within the TCEA would be enhanced. Similarly, the County should require that in order to receive the exception from concurrency, a certain defined level of residential units be included in commercial projects located in the TCEA, and in addition, specify that some of those units be affordable, in order to provide affordable housing in the TCEA. Also, the County should require that, in order to receive the exception from concurrency, any residential project must provide a certain amount of affordable units. Finally, any of the items above for which the County cannot establish meaningful standards and guidelines should be excluded from the list of options. Comment: Transportation Policy 5.5 provides that among the conditions that have to be met prior to approval of a proposed development within the TCEA is that if a particular development would create impact that will reduce the LOS standard on FIRS roadways within the County by more than 5 percent, that project would be required to "meet the concurrency requirements specified in Rule 9J- 5.0055(3)(c), 1 — 7 ", and if a project will reduce the LOS standard on a FIRS roadway by less than 5 percent and meet the other requirements specified in proposed Policy 5.6, that project would be deemed to have met concurrency. Policy 5.5 makes reference to Rule 9J- 5.0055(3)(c), 1 -7. The reference should be to the proposed CIE Policy 1.5.3, which lists the conditions for granting concurrency in the County, and not to Rule 9J -5, FAC. In addition, the correct citation is Rule 9J- 5.0055(3)(c), 1 -4; and not Rule 9J- 5.0055(3)(c), 1 -7. Revise to delete reference to Rule 9J- 5.0055(3)(c), 1 -7, and refer to CIE Policy 1.5.3. CI STAFF RESPONSES: The incorrect reference has been corrected. The revised text of Policy 5.5 is shown below: Policy 5.5 Pursuant to Rule 9J-5.0055(6)(a) 3 F.A.C. and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of the GMP, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR -4) may be exempt from transportation concurrency requirements so lop age s impacts to the transportation system are mitigated using the procedures below. 1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIRS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Capital Improvement Element Policy 1.5.3. 2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.5 are exempt from the transportation requirements of Capital Improvement Element Policy 1.5.3. Policy 5.6 has been revised to reflect the DCA recommendation. The revised policy is shown under the staff responses to Objection C.2. OBJECTIONS: C. Transportation Concurrency Management Area: Proposed Policy 5.7 of the Transportation Element identifies certain areas of the County that will be treated as Transportation Concurrency Management Areas where areawide level of service determination will be applied in order to promote infill development or redevelopment that will support efficient mobility alternatives and public transit. Although statements are included in Attachment 2 saying that the size and boundaries of the TCMAs are consistent with the requirements of Rule 9J- 5.0055(5), FAC, the data and analysis that support that position are not included. The Department has the following concerns with the proposal: 1. Size of the TCMAs: Pursuant to Chapter 163.3180(7), F.S., a transportation concurrency management area must be a compact geographic area with an existing network of roads where multiple, viable - alternative travel paths or modes are available for common trips. Neither 21 of the two proposed TCMAs appears to qualify as a compact geographic area inasmuch as the northwest TCMA is more than 40 square miles, while the central TCMA is about 20 square miles. Furthermore, data and analysis have not been provided which (1) show that the road network within the TCMAs serve common origins and destinations, and (2) show that the roads within the TCMA constitute an integrated and connected network offering multiple, viable alternative travel paths or modes for common trips. Finally, no documentation has been provided Indicating that the county has coordinated the designation of the proposed TCMAs with the FDOT and the MPO and that they support the proposed designations and their boundaries. The roadway patterns within each proposed TCMA lack connectivity, and do not appear to form the type of network grid that will provide viable alternative travel pathways for trips of common origins and destinations on functionally similar roadways for which the areawide level of service standards methodology will be applied. Furthermore, no data and analysis have been presented which identifies: 1) the trips of common origins and destinations, 2) the travel pattern within and through the TCMA, and 3) the viable alternative travel pathways that could be taken to get to a particular destination. Also, the predominant land use pattern in the County is large gated communities that push traffic to the major arterial and collector roads and does not allow for secondary roads that would support a viable traffic flow. Finally, a traffic study, coordinated with the FDOT and the MPO, that shows the existing and projected traffic conditions in these areas and the need for TCMA designation in order to correct the deficiency, has not been provided. Chapter 163.3180(7), F.S., Rule 9J- 5.005(2)(a) & (c), FAC & 9J- 5.0055(5)(a) 2., 3., & (b), FAC. Recommendation: Limit the size of each proposed TCMA to a compact geographic area, with a demonstrated road network grid and travel pattern that will provide viable alternatives for common trips with similar origins and destinations within each TCMA. Only, certain areas within each proposed TCMA appear to have the grid characteristics needed for viable alternative travel pathways for trips of common origins and destinations. Finally, provide traffic studies, coordinated with the FDOT and the MPO, justifying the boundaries of the TCMA, the existing problems in the area and the need for traffic management in order to correct the deficiency while promoting infill and redevelopment activities. The County should explore land use options that would help generate secondary roads to distribute traffic and allow for viable travel opportunities. 22 STAFF RESPONSES: Correspondence from FDOT and the MPO is attached. However, Comprehensive Planning staff has responded to the remaining issues, as follows: General: Size of the TCMAs and Common Origins and Destinations The size of the TCMAs were determined based on the need to serve common origins and destinations while covering the roadways that are projected to fall below the LOS standard within the next few years. The northwest TCMA (see Exhibit C) includes the north -south roadways from US 41 to Livingston Road and east -west roadways from the County line to Pine Ridge Road. The need for this TCMA was driven by the projections that US 41 would fall below the LOS standard by 2008 and the area was determined by looking at the travel patterns in this part of the County. The attached maps (see Exhibit F. G and Hl reflect the analysis of trips in the model, by line width, of north -south arterial roads just south of Immokalee Road and between Golden Gate Parkway and Pine Ridge Road. The select link assignment analysis used in preparing these maps looks at all vehicles on a particular link and tells where they came from and where they are going. The maps (see Exhibits F. G and Hl show that each of these roadways serves the same trips from Lee County and the Immokalee Area into and out of the City of Naples. The analysis of zonal trips indicates that many of the trips originate in Lee County, Immokalee and Golden Gate Estates and head towards the zones in and around Naples. Also attached i" are spreadsheet diagrams) indicating the predominant direction of traffic for the AM and PM peak hours to also help determine common origins and destinations (see Exhibits 1 and J). For these areas the predominant AM peak hour direction is southbound and westbound and the PM peak hour direction is northbound and eastbound. Essentially this shows that the corridors are used for Lee County and Estates traffic to go to the commercial and industrial areas around and in the City of Naples in the morning and home in the afternoon. In addition, the eastern boundary including Livingston Road is needed since, besides US 41 and roads that connect to US 41, this is the only other north - south road in this area that connects up into Lee County. Due to the lack of longer interconnecting roadways the east -west roads carry a lot of north -south travel and vice - versa for travelers to get where they want to go. The need for the East Central TCMA was driven by segments of Santa Barbara, Golden Gate Parkway, Davis Boulevard and Collier Boulevard that at various times are projected 23 8A to fall below LOS standards. Attached is the select link analysis of.the model along each of the corridors that shows the majority of trips going between Golden Gate City /Golden Gate Estates and the commercial and industrial areas in and around the City of Naples (see Exhibits F. G and H). The analysis of interzonal trips indicates that a significant amount of the trips on the roadways in the TCMA are made from the Estates to the zones in and around the City of Naples using Collier, Santa Barbara and Livingston to go north - south and Davis Golden Gate Parkway and Pine Ridge to get over to those north -south roadways. The East Central TCMA '""F= f4e—e6 t Net_ �,�Travel aAnalysis (see Exhibit 11 indicates that the predominant AM peak direction is southbound and westbound and the predominant PM peak hour direction is northbound and eastbound. This shows that these roadways are serving the same origins and destinations. In addition to serving the same origins and destinations, the north and south travel alternatives for Santa Barbara is Livingston to the west and Collier to the east and the east -west alternatives to Golden Gate Parkway is Pine Ridge to the north and Davis Boulevard to the south. Response to Specific Objections: In Objection C.1, above, the Department of Community Affairs (DCA) asserts the following specific objections relative to the size of the TCMAs proposed in the Comprehensive Plan Amendments. 1. "Neither of the two proposed TCMAs appears to qualify as a compact geographic area inasmuch as the northwest TCMA is more than 40 square miles, while the central TCMA is about 20 square miles. " 2. "The roadway patterns within each proposed TCMA lack connectivity, and do not appear to form the type of network grid that will provide viable alternative travel pathways for trips of common origins and destinations on functionally similar roadways for which the areawide level of service standards methodology will be applied. " 3. "The predominant land use pattern in the County is large gated communities that push traffic to the major arterial and collector roads and does not allow for secondary roads that would support a viable traffic flow. " 4. "A traffic study coordinated with FDOT and the MPO that shows the existing and projected traffic conditions in these areas and the need for TCMA designation has not been provided. " 1. Compact geoggrqphic area: "Compact" is a relative term. The term is not defined in either Chapter 163 FS or in Rule 9J -5 FAC, nor is a minimum (or maximum) TCMA size provided. Relative to a typical Central Business District neither TCMA might be considered "compact ". However, relative to Collier County as a whole or even to the urbanized western quarter of the County, both TCMAs are compact. The northwest TCMA contains approximately 26,639.07 acres (or 1.6% of the total County area) and the central TCMA contains approximately 11,524.97 24 -- acres (or 0.7% of the County). The size of the TCMA must be in relation to the achievement of its purpose. The purpose is to provide a managed network of roadways to link common origins and destinations. This network can only be provided by the arterials that currently exist in each proposed TCMA area, which in turn translates into the size of the proposed TCMAs. Because of the coarseness of the roadway grid, reducing the size of the TCMAs would eliminate a real network of multiple travel paths. Note that the northwestern tip of the Northwest TCMA (containing approximately 1.5 square miles) has been trimmed to make the TCMA have a more regular grid pattern fSe Exhibit Q. 2. Roadwav pattern: The roadways that are subject to concurrency within the TCMAs do form a grid of functionally similar roadways that serve alternative travel paths for trips between common origins and destinations. While the grid is rather coarse, it is made up of functionally similar facilities (arterials) and does provide connectivity. The Transportation Analysis will show how alternative travel paths do exist for many trips with common origins and destinations. Unfortunately, long existing development patterns, often consisting of large gated communities, prevent establishing a system of collector roadways that would relieve pressure on the existing arterial system. Because alternative parallel facilities cannot be built to yield a "finer" grid, Collier County must focus on working with the network already in place. 3. Predominant land use pattern is large gated communities. This observation is correct and is a primary reason that the TCMAs were proposed in the first place. Additional new facilities will not be forthcoming. The focus within the TCMAs has to be on traffic operations improvements and transit since the ability to add lanes to the numerous constrained links within the TCMAs is essentially non- existent. 4. Traffic study has not been provided. The "Staff Analysis of Proposed Transportation Concurrency Management Areas" dated July 2003 was included in the Amendment Transmittal Package. Two figures included in that analysis presented 2003 and 2010 projected LOS conditions. Note that the bulk of the projected deficient links (many of them constrained) are included in the proposed TCMAs. The presence of these potentially deficient but constrained links was the reason the TCMAs were originally developed. Coordination is ongoing with FDOT and the MPO. Staff is attempting to get letters of support from the two agencies; however, at this time it is unsure if formal support can be obtained in time to include in this response to the ORC report. Please note, however, that chapter 163.3180(7) FS does not mention either FDOT or MPO and that Rule 9J- 5.0055(5)(b) says only that "A local government should coordinate with the Department of Transportation, and if applicable, the local metropolitan planning organization when designating transportation concurrency management area boundaries." The rule is totally silent about either FDOT or MPO support of the proposed boundaries. 25 . l Implications of Not Establishing the TCMAs Within the Northwest TCMA, Collier County has previously established in the Future Land Use Element the following urban subdistricts as a way to encourage higher densities, promote proximity between residential and nonresidential uses (commercial, industrial, etc.) and allow continuing infill development (see Exhibit Cl: • Seven mixed -use activity center subdistricts. • Parts of two interchange activity center subdistricts. • Two business park subdistricts. • Goodlette -Pine Ridge commercial infill subdistrict • Orange Blossom mixed -use subdistrict. Similarly, the East Central TCMA contains (see Exhibit B): • Parts of two interchange activity center subdistricts. • Two mixed -use activity center subdistricts. • The Golden Gate Urban Commercial In -fill Subdistrict. • The Golden Gate Estates Commercial Infill Subdistrict. Without relief from the strict adherence to link -by -link concurrency, the intent of the FLUE to provide more non - residential uses within the overwhelmingly residential areas covered by the TCMAs will be thwarted. The legislature recognized, in Chapter 163.3180 (5) (a), F.S. that "often the unintended result of the concurrency requirement for transportation facilities is the discouragement of urban infill development and redevelopment. Such unintended results directly conflict with the goals and policies of the state comprehensive plan..." If link- specific traffic concurrency is implemented in the area, projects may soon run into an adverse impact on a constrained link, which will then force development to the east where capacity currently exists. As a result, some of the mixed -use activity centers would remain underdeveloped and the business parks only partly occupied. Mean trip lengths will likely increase along with vehicle miles of travel. Collier County transportation impact fees are not used to support transit or small -scale traffic operations projects such as intersection or signal improvements. The TCMA provisions proposed in the current comprehensive plan update require every project impacting a deficient link within a TCMA to pay a portion of the cost towards improvements such as transit or refinements to traffic operations. With only link - specific concurrency, this additional funding source is denied to the county. Impact fees will still be paid and used to add additional through lanes to the network where not constrained. OBJECTIONS: C.2. Lack of Specific Obiectives and Policies to Implement TCMA: Pursuant to Rule 9J- 5.0055(5)(c), FAC the local comprehensive plan 26 shall contain adequate objectives and policies that specify actions and programs to promote infill and redevelopment. An evaluation of the comprehensive plan shows that it does not contain adequate objectives and policies that could direct infill and redevelopment activities to the TCMA. The County proposes to rely on the existing objectives and policies in the plan, however, these objectives and policies were initially formulated to achieve a different purpose and as a result, lack the necessary objective targets upon which to measure the success of the TCMA program; also the policies, in the plan, do not state clear guidelines that will promote infill and redevelopment in each TCMA. Chapter 163.3180(7), FS, and Rule 9J- 5.003(82); 9J -5.003 (90) & 9J- 5.0055(5)(c), FAC. Recommendation: Include, with the amendment, specific and measurable objectives that state the accomplishments to be expected during the planning timeframe in each TCMA with respect to infill and redevelopment. Each objective should be accompanied by clearly stated policies, with meaningful guidelines, programs and activities that will be undertaken to achieve the stated objective, which shall form the basis for the more detailed land development regulation. Also, the County should provide incentives to developers to provide affordable housing as an additional way to shorten trip lengths. STAFF RESPONSES: With regard to Objection C.2, above, the County Future Land Use Element (FLUE) does contain incentives to promote development of affordable housing within the Urban Designation. These incentives are in the form of Density Bonus provisions. The Density Bonus provisions also contain incentives for infilt and redevelopment. Under these provisions, a proposed development may be eligible to construct between 0 and 16 units per gross acre, depending upon the bonuses that the particular project is eligible for. Applicable Density Bonus provisions are determined at the time of development review. The characteristics that may make a development eligible for a Density Bonus include: 1. Conversion from commercial to residential zoning. 2. Proximity to a Mixed Use Activity Center. 3. Having affordable housing within the development. 4. Being a residential infill project. 5. Having direct access to two or more arterial or collector roadways. 6. Being a project that involves transfer of development rights from environmentally sensitive areas. As noted above, the Density Bonus Provisions are part of the portion of the FLUE that is formally adopted by the Collier County Board of County Commissioners. As such, these 27 SA provisions are considered to have equal weight to the FLUE's Goals, Objectives and Policies. As already noted, much of the area comprised by the two Transportation Concurrency Management Areas (TCMAs) and the Transportation Concurrency Exception Area (TCEA) is already developed or approved for development. A change in County Goals, Objectives and Policies would therefore not affect these developments. In order to address the Department's Objection, staff is proposing changes to transmitted FLUE Policy 2.5. Additionally, staff is proposing a new Objective 6 and accompanying policies (within the FLUE). These are as follows: Policy 2.5 (Note: Single - underlined language for this policy represents currently proposed language. Double- underlined language or double- struck -out language represents proposed changes.) The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads of@ is in place that provides multiple viable alternative travel paths or modes for common trips Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of d+i-s the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element @` `h" G- -P. New development within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1 Northwest TCMA — This area is bounded by the Collier — Lee County Line on the north side; the west side of the I -75 right -of -way on the east side; Pine Ridge Road on the south side; and the Gulf of Mexico on the west side (See Map TR -5). 2 East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard (CR 951) on the east side; Davis Boulevard (SR 84) on the south side and; Livingston Road (extended) on the west side (See Map TR-6). Future Land Use Element (FLUE) New Objective 6. Transportation Concurrence Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities and promoting public transit bicycling. walking 0 .. and other alternatives to the single occupant automobile. Transportation Concurrence Management Areas are hereby established in the specific geographic areas described in Policy 2.5 of this Element. Future Land Use Element (FLUE) New Policy 6.1: Collier County's designated Transportation Concurrence Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by promoting redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Objective 5. and relevant subsequent policies of this Element. Future Land Use Element (FLUE) New Policy 6.2: In order to be exempt from link specific concurrence. new commercial development or redevelopment within Collier County's designated Transportation Concurrence Management Areas (TCMAs) shall utilize at least two 121 of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/ r increase transit ridership. C) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h) Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. D Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. Providing transit shelters within the development (must be coordinated with Collier County Transit). Future Land Use Element (FLUE) New Policy 6.3: 29 • In order to be exempt from link specific concurrence, new residential development or redevelopment within Collier County's designated Transportation Concurrence Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must he coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial Future Land Use Element (FLUE) New Policy 6.4: All rezoning within the Transportation Concurrence Management Areas (TCMAs) is encouraged to be in the form of a_Planned Unit Development (PUT)). Any deyPlnr,menr contained in a TCMA, whether submitted as a PUD or non -PUD rezone shall be required to be consistent with the native vegetation preservation requirements contained within Policy 6. 1.1 of the Conservation_ and Coastal Management Element Future Land Use Element (FLUE) New Policy 6.5: All new development, infill development or redevelopment within a Transportation Concurrence Management Area is subject to the historical and archaeological preservation criteria, as contained in Objective 11.1 and Policies 11 1 1 through 11 1.3 of the Conservation and Coastal Management Element Staff is also proposing to amend the County's Density Rating System, as contained in the FLUE, to create an incentive to attract residential redevelopment and infill development into the TCMAs. This amendment will consist of an additional set of density bonus provisions for residential projects (or projects containing residential units) within a TCMA. Future Land Use Element (FLUE) Density Rating System a. Density Bonuses New Bonus 47. Residential redevelopment or infill development that meets the criteria established in Policies 6.1 through 6.5 of this Element, and which occurs within a designated Transportation Concurrence Management Area (TCMA) may add 3 residential units per gross acre. This density bonus shall not be available if the proposed development is 30 located within the Coastal High Hazard Area Additionally, in no instance shall the total project density exceed 16 units per gross acre b. Density Reductions 1. Traffic Congestion Area If the project were within the Traffic Congestion Area, an area identified as subject to long -range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport - Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Furthermore this dens y reduction shall not apply to developments located within the South U.S. 41 T FA (as identified within Transportation Element Man TR 4 and Policies 5.5 and 5.6. and FLUE Policy 2 41 that obtain an exception from concurrence requirements for transportation pursuant to the certification process described in Transportation Element Policy 5.6 of this MP and that include Affordable Housing (as per Section 2.7.7 of the Co-- i er (n„nt v Land Development Code, e, as amended) as part of their plan of development This reduction shall likewise not be applied to Developments within the Northwest and East-Central T MAs that meet the requirements of FLUE Policies 6.1 through 6.5. and Transportation Policies 5.7 and 5 8 and that include Affordable Housing (as per Section 2,7.7 of the Collier County Land Development Code as amended) as part of their plan of development Finally, staff is making the following changes to proposed Transportation Policy 5.6, which relates to the Transportation Concurrency Exemption Area (Map TR -4) (see Ems. it D): (In the following text, a single underline or single strikethrough represents Policy 5.6, as previously submitted. A double underline or double strikethrough represents proposed additional language.) Transportation Element New Policy 5.6 Commercial & developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain certification from the Transportation Planning Division that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: 31 1 a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash Subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit_ ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership, h)Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j) Providing transit shelters within the development (must be coordinated with Collier County Transit). Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrence requirements for transportation shall obtain certification that at least four (3) of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. 32 MINE a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash Subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit_ ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership, h)Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j) Providing transit shelters within the development (must be coordinated with Collier County Transit). Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrence requirements for transportation shall obtain certification that at least four (3) of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. 32 An applicant seeking an exception from concurrence reauirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrence review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Note that, with regard to a comparison of the TDM strategies required (for certification) within the TCEA, as opposed to those required within the TCMAs, staff believes that developments within the TCEA should be held to a higher standard. Therefore, commercial projects within the TCEA must meet four TDM strategies (as opposed to 2 in the TCMAs) and residential projects must meet three TDM strategies (again, as opposed to 2 in the TCMAs). OBJECTIONS: 3. Inadequate Demonstration of Transportation Management Strategy and Integrated System: Pursuant to Rule 9J- 5.0055(5)(a) 6., FAC, the support document for the TCMA should demonstrate that the planned roadway improvements and other services and programs such as transportation system management (TSM) and transportation demand management (TDM) and incentives to use public transit will accomplish mobility within and through each concurrency management area. In lieu of data and analysis demonstrating compliance with this provision, item 6 of the staff support documentation simply asserts that this requirement has been met, basically by restating the requirement: the planned roadway improvements and other services and programs, such as transportation system management (TSM) and transportation demand management (TDM) strategies and incentives to use public transit will accomplish mobility within and through each TCMA. Furthermore, Rule 9J- 5.0055(5)(c), FAC, requires the local government to "adopt and maintain an integrated and internally consistent 33 M� transportation, land use and capital improvements planning program for each concurrency management area to maintain the established areawide level of service standards. " Although two maps are included showing the percentage of the roadways in each TCMA that will achieve the adopted level of service (LOS) standards, in 2004 and 2011, respectively, and a table showing the roadways that will achieve the LOS standard in 2004, based on a 110% capacity, the planned roadway improvements and other services and programs that will accomplish mobility within and through each TCMA has not been presented. The data and analysis do not demonstrate that an integrated and internally consistent transportation, land use and capital improvement planning program has been adopted that will achieve and maintain the areawide LOS standard within the TCMAs over the short term (at least five years) and long -term (at least 10 years or the planning horizon of the plan, whichever is greater). Chapter 163.3180(7), FS, and Rule 9J- 5.005(2)(a) & (c) (6), and 9J- 5.0055(5)(a) 3., 6., (b), and (c), FAC. Recommendation: Include, with the amendment, specific objectives and associated policies, with meaningful guidelines and standards that would enable the accomplishment of mobility needs of each TCMA. Also, include an integrated and internally consistent transportation, land use and capital improvement planning program that will achieve and maintain the areawide LOS standard within the TCMAs over the short term (at least five years) and long -term (at least 10 years or the planning horizon of the plan, whichever is greater). STAFF RESPONSES: As noted previously, the County's transit system, although only two years old, has already exceeded its five -year ridership projections. Use of the transit network will continue to increase whether or not the County implements the TCEA and TCMAs. Future Land Use Element Objective 6 and its policies, as shown above, seek to provide requirements aimed at: increasing transit ridership, increasing use of bicycle and pedestrian facilities, and provide incentives for the use of carpools and vanpools. They also include provisions that would create "off- street" connections between adjacent commercial and residential projects. Finally, the County is in the process of restructuring its transportation, capital improvement and land use provisions to create the type of integrated planning program described in the Department's recommendation. Adoption of the TCMA and TCEA provisions is part of this process. 34 w1j'_ OBJECTIONS: CA Inadequate Guidelines for Implementing TCMA: Transportation Policy 5.8 states that each TCMA shall maintain 85 % of its lane miles at or above the adopted LOS standard. However, the basis for selecting the 85% has not been established in the plan. In addition, although, areawide LOS standards may be established for specified facilities in a TCMA, and must be maintained as the basis for issuing development orders, the areawide LOS is required to be for functionally similar roadways serving common origins and destinations. The County has not identified, in this amendment, the specific functionally similar roadways, with common origins and destinations, for which areawide LOS standard shall be applied. Also, the adopted service volumes for those roads have not been included. Chapter 163.3180(7), F.S., and 9J- 5.005(6), 9J- 5.0055(5)(b), & (c), FAC. Recommendation: Provide information justifying the use of 85 %n as the cut off point for meeting LOS standards. The discussion should include relevant data and analysis to support it. In addition, specify the functionally similar east -west and north -south roadways, with common origins and destinations, for which areawide LOS standards shall be applied. Areawide LOS standards, as well as the adopted service volumes for those roads, may only be established for facilities with similar functions and serving common origins and destinations. It is not permissible to average the LOS for collector and arterial roads. The proposed area should be compact and contain the network grid for which the areawide LOS standards would be applicable, and show that these roads can provide viable travel alternatives to trips of common origins and destinations. Comment: The existing FLUE Policy 2.2 lists the remedial actions that will be used to correct identified deficiencies. The list is proposed to be expanded to include TCEA, TCMA, and other measures that will be used. However, one of the existing items listed, i.e., the establishment of "an area of significant influence for roads" does not appear to relate to the correcting of deficiencies. Revise the policy to delete the reference to the designation of "an area of significant influence for roads" as a remedial action to correct roadway deficiency or provide additional language explaining the significance of this designation. 2. Policy 5.9 makes reference to the items listed in "paragraph 1" of the policy, when there is no paragraph one. The correct reference should be to Policy 5.8. Also, the reference to Rule 9J- 5.0055(9), FAC, in Policy 5.9 only applies to multiuse DRIs. It is recommended that the County revise 35 the policy to delete the reference to paragraph 1 and instead refer to Policy 5.8. Also, the reference to Rule 9J- 5.0055, FAC, should be deleted. STAFF RESPONSES: The discussions contained in the staff responses to Objections A.l.a, 1 — 3, and C.1, are relevant to the above Objection as well. Based on the County's LOS projections for each year in the year -by -year analysis, County Transportation Planning staff expects the parallel N -S and E -W lane miles operating at the adopted LOS or better within each TCMA to total more than 85 %, in some years just barely over 85% (see Exhibit E). Thus, there would not be any need to impose building moratoria due to operating deficiencies. However, if the pace of development was to significantly increase (i.e., beyond County staff build -out projections) within one of the TCMAs, then a proposed development may trip the threshold, resulting in denial of DO approval. A table showing a year -by -year analysis of the lane miles within each of the TCMAs is included with this adoption packet se Exhibit El. The basis for establishing 85% of the lane miles above LOS standard came from the analysis of conditions in the two TCMAs and what was used in other areas of the State. From the projections of what percentage may be under LOS standard through 2011 it was determined that 85% would be a logical number and achievable (see spreadsheets indicating the percentage of lane miles operating above LOS standard — Exhibit E). In addition, from researching the issue it was determined that the City of Orlando had previously used this same level of lane - miles. 36 o«�c x oo�o� a a§ao� a " o�ao x x x osa�� o�ao, g a o c 8 a o c e W. a 0 U a .I- I NO 111111111 11 III IIIIII NO 01111101110111111 oil 11111 I III 1 111111 .. mi 11 11111 11 a 0 U a .I- I ,— A . o . A I " o , i J 0 . 8 a a . L-� t 0 0 � 8A IQ ION III 111011 1111111 IN Ion I in 0 � 8A IQ .4 0 i � c � a. Wo I 0 a a r a 8 a 8 a a i A a c ga� gEC gyc W a a *,*?P*8 4 "'. llft�- - IBM NONE 0 Dial is 111111 -12 a a *,*?P*8 4 "'. llft�- - Sao sa�� .Ei I �a T Mug u �8 11111 Hill 111111111 �a T Mug u �8 a oaov 8aoh $ . O 8 a o ❑ ^� U :9 v Z K O a a 9 O 4 Viper Software by The Urban Analysis Group Collier County Year 2025 Cost Feasible Model Select Link on US 41, Goodlette-Frank Rd, and Airport-Pulling Rd. a en Golden Gate Parkway and Pine Ridge Road Licensed to Tampa Bay Engineering --Collier County Year 2025 Cost Feasible Model Select Link on CR 951, Santa Barbara Blvd. and Livingston Rd *Vmm Between Golden Gate Parkway and Pine Ridge Road 11/2V2003 Viper The Urban Analysis Group Licensed to Tampa Bay Engineering M, 11/2V2003 Viper The Urban Analysis Group Licensed to Tampa Bay Engineering Collier County Year 2025 Cost Feasible Model Select Link on US 41, Goodlette-Frank Rd., Airport-Pulling Rd., and Livingston Rd. -First Link South of Immokalee Road mw I , t I - - - - - - --- - - LVipe, Software by The Urban Analysis Group _____ PERCENT OF PROPOSED TCMA LANE MILES ACHIEVING LOS STANDARD 2004 - 2011 SUMMARY North /South East/West Roadways ( %) Roadways ( %) Total ( %) NW TCMA 2004 100.00% 96.53% 98.70% 2005 100.00% 96.53% 98.70% 2006 100.00% 96.53% 98.70% 2007 100.00% 96.53% 98.70% 2008 92.64% 96.53% 94.10% 2009 92.64% 96.53% 94.10% 2010 92.64% 96.53% 94.10% 2011 92.83% 96.53% 94.20% EC TCMA 2004 100.00% 88.21% 93.77% 2005 96.55% 88.21% 92.14% 2006 85.45% 88.21% 86.91% 2007 85.45% 88.21% 86.91% 2008 85.48% 86.64% 86.07% 2009 85.48% 85.07% 85.26% 2010 85.48% 87.23% 86.39% 2011 85.48% 87.23% 86.39% November 24, 2003 x Z Q LU 02 Z LL �". 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CO Q7 > -D T o OD 00 fl-I cn Po M go 0 PO ID -n ID a a -n T z 0 oz 3 9 0 1 3 < i; - z Z 0 — M CD 0 Z -o 3 3 CD 'o 0 CD CD 0 II y -n 0 Z N 0 3 0 :5 M �T M 3 0 z 0 Z w CD I M 3 (D I C 0 M 3 • M Cl) 4 0 M Z 0 Z M 0 33 M Z ORDINANCE NO. 03 AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTER PLAN, THE RECREATION AND OPEN SPACE ELEMENT, THE IMMOKALEE AREA MASTER PLAN; THE INTERGOVERNMENTAL COORDINATON ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, THE TRANSPORTATION ELEMENT, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND THE ADDITION OF AN ECONOMIC ELEMEMT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, staff initiated amendments to the Future Land Use Element (FLUE) to add a new policy referencing the two Inter -local Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting sites of existing and future school and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying what zoning districts allow or prohibit school and school support facilities; and WHEREAS, staff initiated amendments to the Future Land Use Map (FLUM) Series to add new maps depicting sites containing existing school and school support facilities, and depicting undeveloped sites for future school and school support facilities. WHEREAS, staff initiated amending the Intergovernmental Coordination Element (ICE) to reflect the two Inter -local Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; and WHEREAS, staff initiated amendments to the Golden Gate Area Master Plan to reference the two Inter -local Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners, and to cross - reference the FLUE and ICE policies and FLUM Series; and WHEREAS, staff initiated text amendments to the Goals, Objectives and Policies of the Future Land Use Element and the Recreation and Open Space Element to incorporate the Community Character /Smart Growth principles adopted by the Community Character /Smart Growth Advisory Committee; and WHEREAS, staff initiated the adoption of the County Manatee Protection Plan (MPP) and amend the Goals, Objectives and Policies of both the County's Conservation and Coastal Management Element and the Future Land Use Element; and WHEREAS, staff initiated the adoption of the Goals, Objectives and Policies of a new Economic Development Element to the Growth Management Plan; and WHEREAS, staff initiated amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element (FLUE) to revise Transportation Concurrency Management policies to establish real time checkbook concurrency; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of Proposed TCMA's within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for Fairshare Developer Contributions to the multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment within the TCMA; and WHEREAS, staff initiated amendment to the Future Land Use Element (FLUE) Airport Noise Area Overlay, and the Future Land Use Map (FLUM) to bring into compliance noise contour changes approved by the Board of County Commissioners on June 14, 2000 via Ordinance No. 2000 -43; and WHEREAS, Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on August 11, 2003; and WHEREAS, the Department of Community Affairs did review and did not make written objections to these amendments to the Future Land Use Element, the Future Land Use Map and Map Series, the Golden Gate Area Master Plan, the Recreation and Open Space Element, the Immokalee Area Master Plan, the Intergovernmental Coordination Element, the Capital Improvement Element, the Transportation Element, the Conservation and Coastal Management Element; and adding an Economic Element, to the Growth Management Plan and transmitted its findings of no objection in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Future Land Use Element, Future Land Use Map and Map Series, amendments to the Growth Management Plan on November 18, 2003; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the Notice of Proposed Change application; the documents entitled Collier County Growth Management Plan Amendments, and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on December 4, 2003, and the Collier County Board of County Commissioners held on December 16, 2003; and **8A WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND MAP SERIES. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Future Land Use Map and Map Series, the Immokalee Area Master Plan, the Potable Water Sub - Element and Sanitary Sewer Sub - Element of the Public Facilities Element, the Golden Gate Area Master Plan Element and Golden Gate Area Master Plan Future Land Use Map and Map Series, and the Capital Improvement Element, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day Of 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: TOM HENNING Chairman Approved as to form and legal suffiency: MARJORIE M. STUDENT Assistant County Attorney Adoption Ordinance CPSP - 2003 -4, CPSP- 2003 -5, CPSP - 2003 -6, CPSP - 2003 -7, CPSP- 2003 -8, C PS P- 2003 -9 3 Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP SERIES GOLDEN GATE AREA MASTER PLAN ELEMENT IMMOKALEE AREA MASTER PLAN ELEMENT INTERGOVERNMENTAL COORDINATION ELEMENT CPSP- 2003 -4 #1. FUTURE LAND USE ELEMENT New Policy 5.14 Policy 5.14: Public educational plants and ancillary plants: a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on -site facilities including sports stadiums gymnasiums and recreation areas) and ancillary plants (support facilities including administrative offices, transportation facilities, maintenance yards and bus barns) are depicted on the Future Land Use Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed More detailed descriptions or depictions of all of the sites containinq these existinq educational plants and ancillary plants are contained in the FLUE Support Document Expansion of these educational plants and ancillary plants on these existing sites as well as expansions to the sites themselves, are subiect to the provisions outlined in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 F S on May 15, 2003 by the Collier Countv School Board and on May 27 2003 by the Board of County Commissioners, and subiect to the implementing land development regulations to be adopted. b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. Most of these sites are consistent with locational criteria in the FLUE. GGAMP, or TAMP as applicable and are allowed within the existing zoning district on the property; these sites are depicted on the Future Land Use Map Series. As consistency is achieved for the remaining sites via future GMP amendments and /or zoning amendments and /or conditional use approvals these sites will be added to the Future Land Use Map Series. Development of the mapped sites shall be subject to the provisions of the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S. on May 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners and subiect to the implementing land development regulations to be adopted C. Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants. Most of these sites are consistent with locational criteria in the FLUE. GGAMP, or TAMP, as applicable, and are allowed within the existing zoning district on the property; these sites are depicted on the Future Land Use Map Series As consistency is achieved for the remaining sites, via future GMP amendments and /or zoning amendments_ and /or conditional use approvals, these sites will be added to the Future Land Use Map Words str-iiek tfif ugh are deleted; words underlined are added. Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S. on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. d Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or TAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series, as provided for in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subiect to the provisions of the two Interlocal Agreements, and subiect to the implementing land development regulations to be adopted. Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban designated area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 500 linear feet of the Property lines of the site under consideration for acquisition; 2) for sites not located within the Urban designated area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition. At the public hearing to consider the land acquisition, all public commentary received as a result of these notices will be provided to the Collier County School Board. e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC), Business Park (BP), and Industrial (1) zoning districts. (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district, or E, Estates zoning district, or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. f. Zoning district provisions forfuture ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF -1 through RSF -6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (2) Ancillary plants are permitted by right in the General Commercial (C -4), Heavy Commercial (C -5), and Industrial (1) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts. Words stfuek thfough are deleted; words underlined are added. '1 #2 FUTURE LAND USE ELEMENT Future Land Use Map Series List FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9, 5.10, 5.11) Natural Resources Wetlands Map Wellhead Protection Areas Bays ho re/G ateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Existing Sites For Future Public Educational Plants and Ancillary Plants #3 FUTURE LAND USE MAP SERIES see two NEW Maps titled: "Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities)" and "Existing Sites For Future Public Educational Plants and Ancillary Plants" #4 GOLDEN GATE AREA MASTER PLAN ELEMENT New Policy 1.1.7 Policy 1.1.7: The sites containing existing public educational plants and ancillary plants and the undeveloped sites owned by the Collier Countv School Board for future public educational plants and ancillary plants, within the GGAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S. on May 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. #5 IMMOKALEE AREA MASTER PLAN ELEMENT New Policy 11.1.7 Policy 1.1.7: The sites containing existing public educational plants and ancillary plants and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the TAMP area, are depicted on the Future Land Use Map Series in the countywide Words t.^^'�h are deleted; words underlined are added. 8A t FLUE, and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policv 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. #6 INTERGOVERNMENTAL COORDINATION ELEMENT Revise Policy 1.2.6 Policy 1.2.6: The County shall continue to coordinate with the Collier County School Board on the site selection for new sshe2fs public educational plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants ssheel -mss in accordance with the two Interlocal Agreements adopted in accordance with Comer Sections 163.3177(6)(h) and 163.31777, F.S.1 on May 15, 2003 by the Collier Count School Board and on May 27, 2003 by the Board of County Commissioners juRe 25, 19 . CPSP -03-4 exhibit A Adoption per CCPC rec. G, Comp, Comp Plan Amendments, 2003 cycle GMP Am dw/12 -5 -03 Words str-uek thfeugh are deleted; words underlined are added. 4 P, .•,. EXISTING PUBLIC EDUCATIONAL PLANTS (SCHOOLS)' AND ANCILLARYPLANTS (SUPPORT FACILITIES) COLLIER COUNIYPUBLICSCHOOLS _ CITY OF f NAPLES y L 33 AN7POR 9. l.T I r - O7 � VANDERS10'. -SE4CH LEE COUNTY 19 SABAL PALM _._._.—.—.—._._.- i -- 4 I_ f 14 GOLDEN 20 34 BARRON COLLIER 36 GULF COAST 38 GOLDEN GATE GOLDEN GATES TERRACE a -- ': 27 2 44 43 _._ j y 8i 16 �i GOLDEN GATE 21 INTERMEATE 40 BETHUNE ` MITE SOtAFYARD . > _p PINE !LOGE ROAD AVALON 13 BIG CYPRESS 22 HIGHLANDS IMAIOIG LELY 11 MANATEE 17 LAUREL OAK 23 " © POINCIANA ... TOMMIE 18 CORKSCREW 24 PINECREST CITY OF f NAPLES y L 33 AN7POR 9. l.T I r - O7 � VANDERS10'. -SE4CH 9'eLYol' � 19 SABAL PALM r i -- 4 I_ LAKE PARK 14 GOLDEN 20 34 BARRON COLLIER 36 GULF COAST 38 GOLDEN GATE GOLDEN GATES TERRACE a -- ': 27 2 44 43 _._ j y 8i 16 �i GOLDEN GATE 21 INTERMEATE 40 BETHUNE ` MITE SOtAFYARD . f _p PINE !LOGE ROAD AVALON i6 BIG CYPRESS 22 HIGHLANDS OS LELY 11 MANATEE 17 LAUREL OAK 23 " © POINCIANA ... TOMMIE 18 CORKSCREW 24 PINECREST 20 i 5 ty - -_ 25 VILLAGE OAKS a "32 .. GOLDEN GATE PKWY „ -;. 21 CITY OF f NAPLES y L 33 AN7POR 9. l.T I r . n LESNAKE OAD 75 O7 CALUSA PARK O7 SEAGATE 9'eLYol' � NAPLES PARK 19 SABAL PALM Y .. uatl LAKE PARK 14 GOLDEN 20 . n LESNAKE OAD 75 O7 CALUSA PARK O7 SEAGATE 13 NAPLES PARK 19 SABAL PALM O2 OSCEOLA OS LAKE PARK 14 GOLDEN 20 34 BARRON COLLIER 36 GULF COAST 38 GOLDEN GATE NAPLES 3Q LELY 39 IMMOKALEE TERRACE CENTER NI ORTH O3 PELICAN MARSH O9 SHADOWLAWN 15 GOLDEN GATE 21 INTERMEATE 40 BETHUNE CENTER SOUTH ® VINEYARDS 10 AVALON i6 BIG CYPRESS 22 HIGHLANDS OS LELY 11 MANATEE 17 LAUREL OAK 23 LAKE TRAFFORD © POINCIANA 12 TOMMIE 18 CORKSCREW 24 PINECREST BARFIELD 25 VILLAGE OAKS EVERGLADES CITY N SCALE w + 0 1Mi. 2MI. 3MI. 4MI. Sy PREPARED BY. GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 6/2003 FILE: ESFM- 2003.DWG 43 ADMINISTRATION CENTER LEGEND: EXISTING MIDDLE SCHOOLS 26 OAKRIDGE 29 MANATEE 32 GOLDEN GATE IMMOKALEE TRANSPORTATION FACILITY 46 27 PINE RIDGE 30 EAST NAPLES 33 GULFVIEW FORMER ADMINISTRATION CENTER 28 CORKSCREW 31 IMMOKALEE LEGEND: EXISTING HIGH SCHOOLS 34 BARRON COLLIER 36 GULF COAST 38 GOLDEN GATE NAPLES 3Q LELY 39 IMMOKALEE J LEGEND: OTHER SCHOOLS 40 BETHUNE 41 WALKER INSTITUTE OF TECHNOLOGY Z' i 42 EVERGLADES SCHOOL LEGEND. FACILITIES 43 ADMINISTRATION CENTER 44 TRANSPORTATION FACILITY (BY BCHS) 45 IMMOKALEE TRANSPORTATION FACILITY 46 BUS BARN (C.R. -864) 47 FORMER ADMINISTRATION CENTER EXISTING SITES FOR FUTURE PUBLIC I)WA40KALEE ROAD ED UCA TIONAL PLANTS AND ANCILLAR Y PLANTS COLLIER COUNTYPUBLIC SCHOOLS C TF 0 A = EDUCATIONAL AND/OR a ANCILLARY PLANT SITE M-4 NAX-E ROAL) TLES RATTLESNAO HAMMOCK I I 2M1. 3ml. 4MI. a ROAD SITE SITE VA ir. sE4ctf co '00AD LEGEND: LL GOLDEN CITY OFi NAPLES EDUCATIONAL PLANT SITE 0 A = EDUCATIONAL AND/OR a ANCILLARY PLANT SITE M-4 NAX-E ROAL) TLES RATTLESNAO HAMMOCK I I 2M1. 3ml. 4MI. a ROAD SITE SITE VA ir. sE4ctf co '00AD LEGEND: EDUCATIONAL PLANT SITE SITE M -7 GOLDEN GATE SCOLA-VAM ANCILLARY PLANT SITE 'MbGE PINE: ROAD WMM BOULEVARD INTERMEDIATE CENTER 0 HUNTER BLVD. X MR ALLEY (S-R- 84) lAITERSTA 7E - 75 0 A = EDUCATIONAL AND/OR a ANCILLARY PLANT SITE M-4 NAX-E ROAL) TLES RATTLESNAO HAMMOCK I I 2M1. 3ml. 4MI. a ROAD SITE SITE COMM UNITY DEVELOPMENT AND ENMRONMENTAL SERVICES DIVISION LEGEND: EDUCATIONAL PLANT SITE SITE M -7 ANCILLARY PLANT SITE 0 A = EDUCATIONAL AND/OR a ANCILLARY PLANT SITE SCALE i I I 2M1. 3ml. 4MI. a PREPARED BY. GRAPHICS AND TECHNICAL SUPPORT SECTION COMM UNITY DEVELOPMENT AND ENMRONMENTAL SERVICES DIVISION LEGEND: EDUCATIONAL PLANT SITE ANCILLARY PLANT SITE 0 A = EDUCATIONAL AND/OR a ANCILLARY PLANT SITE SCALE i I I 2M1. 3ml. 4MI. a PREPARED BY. GRAPHICS AND TECHNICAL SUPPORT SECTION COMM UNITY DEVELOPMENT AND ENMRONMENTAL SERVICES DIVISION DATE: 7/2003 FILE: ESFM-2003.DWG 0 Exhibit A 8 A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP RECREATION AND OPEN SPACE ELEMENT CPSP- 2003 -5 FUTURE LAND USE ELEMENT Urban - Mixed Use District 7. Traditional Neighborhood Design Residential Mixed Use Neighborhood Subdistrict [page 25] The purpose of this pFsy+s'9R subdistrict is to encourage the develepmeRt of TraditiGnal human- scaled, pedestrian- oriented, interconnected residential neighborhood projects that include a mix of commercial uses, ' civic amenities., and institutional uses that complement each other. Residential uses are Gft eGated above retail usesz The purpose of the commercial component is to provide retail, office and personal service uses to serve the needs of the subject neighborhood and surrounding residential neighborhoods where there is no existing nearby opportunity for those commercial needs to be met. Within the commercial component mixed use residential /commercial is allowed. The commercial component may be located internal to the project or along the boundary, if externally located frontage and access should be restricted so as not to promote strip commercial development. A grid pattern is usually the basis for the transportation network and typically includes interconnections for vehicles pedestrians and bicycles. Within one year of the effective date of this subdistrict the Land Development Code shall be amended, as necessary, to implement this subdistrict. The main G GAGGJAG WhiGh will regulate aGGeSS, PeFmitted uses, square feetage aRGVer aGreage thrpqhn'�_sl !()t #GRtage Gl1FneRGiGR6, street widths, setbaGks, and etheF standards that are !Rte to the TNI) GGRGept. Projects utilizing this Subdistrict shall comply with the following standards and criteria: a. Uses in the commercial component are limited to those allowed in the C -1 C -2 and C -3 zoning districts as contained in the Collier Countv Land Development Code as of the date of adoption of this Plan amendment (December 16, 2003). b. The boundaries of the commercial component shall be no closer than '/z mile radial distance from the boundaries of the nearest site zoned commercial developed commercial or designated in the Growth Management Plan for commercial uses c. The commercial component shall be no larger than 10 acres in size and shall not exceed 80,000 square feet of gross leasable floor area. d. A maximum of one acre of land for commercial uses is allowed for each five acres of land for residential uses. e. No single tenant in the commercial component shall exceed 15,000 square feet of gross leasable floor area, except that a -grocery store or supermarket shall not exceed 45,000 square feet of gross leasable floor area. f. The maximum floor area ratio for commercial uses is 0.25. g. For freestanding residential uses acreage to be used for calculatinq densitv is exclusive of the commercial component and of any component acreage for a use with a residential equivalency, e. -g. ALF -adult living facility. For properties not located in the Urban Residential Fringe eligible Words in single strike :"r-eug,i are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in a9-o"1-o strike • are deletions, and words in double underline are additions - since Transmittal. 8Aj y density shall be as allowed by the Density Rating System or as allowed under the existing residential zoning district, or as otherwise allowed by Policy 5.1. For properties located in the Urban Residential Fringe, eligible densitv shall be as allowed by that Subdistrict h. For residential uses located within the commercial component of the project — whether located above commercial uses in the same buildinq in an attached buildinq or in a freestandinq buildinq - density is calculated based upon the gross project acreage For properties not located in the Urban Residential Fringe, eligible density is the base density allowed by the Density Rating System, less any reductions. For properties located in the Urban Residential Fringe, eligible density shall be as allowed by that Subdistrict. i. The project is encouraged to contain a grid street system or portion thereof, so as to afford maximum opportunity for interconnections with surrounding properties and to provide multiple route alternatives. j. The commercial component shall be interconnected with the residential component of the project by streets, sidewalks or other pedestrian pathways and bike lanes unless precluded by the existence of wetlands or other environmentally sensitive habitats In such instance where this preclusion exists, no less than one type of interconnection shall be provided k. The project shall provide street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable. I. All buildings shall be limited to five stories in height, inclusive of under building parking m. The commercial component of the project shall be internally located with no direct access to adjacent external roadways, or the commercial component must have frontage on a road classified as an arterial or collector in the Transportation Element n. If the commercial component is not internally located then its frontage shall be no greater than twice its depth. o. For projects located along an arterial or collector road the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adjacent - arterial or collector roadway. Urban - Commercial District 8. Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses The residential uses may be located above commercial uses, in an attached building or in a freestanding buildinq_ Such mixed -use proiects are intended to be developed at a human -scale pedestrian- oriented and interconnected with adiacent proiects — whether commercial or residential Within one year of the effective date of this subdistrict, the Land Development Code shall be amended as necessary, to implement this subdistrict. Proiects utilizing this Subdistrict shall comply with the following standards and criteria: 1. This subdistrict is applicable to the C -1 through-C-3 zoning districts and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C -1 through C -3 zoning districts 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subiect property. 3. Residential density is calculated based upon the gross commercial project acreage For Property in the Urban Residential Fringe Subdistrict density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict but within the Coastal High Hazard Area, density shall be limited to four dwelling units per acre For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, density shall be limited to sixteen dwelling units per acre Words in single strike thfough are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in daubio ; `pik@ tlwo gh are deletions, and words in double underline are additions - since Transmittal. 4. In the case of residential uses located within a building attached to a commercial building or in the case of a freestanding residential building building square feet and acreage devoted to residential uses shall not exceed fifty percent (70 %) of the gross building square feet and acreage of the project. 5. Street, pedestrian pathway and bike lane interconnections with adjacent properties where possible and practicable, are encouraged. Urban - Mixed Use District 14. Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building or in a freestandinq buildinq Such mixed -use projects are intended to be developed at a human - scale, pedestrian- oriented and interconnected with adjacent projects — whether commercial or residential. This subdistrict is allowed in the Urban - Mixed Use District subject to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban - Commercial District. Urban - Commercial District 1. Mixed Use Activity Center Subdistrict [page 41 - new 5`h paragraph] For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. Mixed use developments - whether consisting of residential units located above commercial uses in an attached building, or in a freestanding building -are allowed. Such mixed -use projects are intended to be developed at a human - scale, pedestrian- oriented, and interconnected with adjacent projects — whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable are encouraged Density is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict Policy 5.1: [page 17] All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.111 are not increased. However, for these properties Words in single 4f,* � are deletions, and words in single underline are additions - as Transmitted on 3 7/29/03. Words in d @uble -:'... th -e-igh are deletions, and words in double underline are additions - since Transmittal. 8A- aipproved a for commercial and residential uses an increase in the number of dwelling units may be permitted if accompanied by a reduction In commercial area such that the overall intensity of development allowed by the new zoning district is not increased Further, though an increase in overall intensity may result for these properties approved for commercial uses residential units may be added as provided for in the Commercial Mixed Use Subdistrict FUTURE LAND USE DESIGNATION DESCRIPTION SECTION: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7• TFaditieRal PleighbeFheed DesigR Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed -Use Subdistrict 9. Goodlette /Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed -Use Subdistrict 12. Research and Technology Park Subdistrict 13. Buckley Mixed -Use Subdistrict 14. Commercial Mixed Use Subdistrict B. URBAN — COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston /Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road /Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict I. URBAN DESIGNATION [page 21] b. Non - residential uses including: 12. Commercial uses subject to criteria identified in the Urban -Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, , Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed -use Subdistrict, Goodlette /Pine Ridge Commercial Infil District, aP4 Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Commercial Mixed Use Subdistrict and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, ap'd Interchange Activity Center Subdistrict, aP4 Livingston /Pine Ridge Commercial Infill Subdistrict, a4!id Henderson Creek Mixed Use Subdistrict, ate Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, Words in single : tME e4«gh are deletions, and words in single underline are additions - as Transmitted on 4 7/29/03. Words in dou- 1_- Spike t1119 are deletions, and words in double underline are additions - since Transmittal. ,94 `4 0 ow a444 Livingston Road Commercial Infill Subdistrict, and-Commercial Mixed Use Subdistrict and in the Bays ho re/Gateway Triangle Redevelopment Overlay. � m E 06 0 0 a M E A M 0 a N 0 0 0 N N 0 0 E X X 0 0 t a 0 0 a a K E K 0 0 0 0 2 0 0 a a a a H 0 0 a 0 0 0 N H 0 0 0 N r 0 a 0 a a/ N 0 a H a 0 0 N 0 a 0 a a 1 FUTURE LAND USE MAP See two attached maps: Future Land Use Map — Existing Future Land Use Map — Proposed: change name of "Traditional Neighborhood Design Subdistrict" to "Residential Mixed Use Neighborhood Subdistrict ", and add "Commercial Mixed Use Subdistrict" under both the Urban — Mixed Use District and Urban — Commercial District. 1 .................. ............................... a W N 0 0 0 0 N 0 0 0 E 0 M N N M 0 ............. 1 RECREATION AND OPEN SPACE ELEMENT The proposed text amendments to the Recreation and Open Space Element (ROSE) will be added after Policy 1.6.1, beginning on page 4 of the ROSE, and are as follows: [all new, beginning on page 4] GOAL 2: THE COUNTY SHALL DEVELOP A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Obiective 2.1 By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify general areas where neighborhoods might request sites for future neighborhood parks. _. Policy 2.1.1 The Parks and Recreation Department will develop a Neighborhood Park Plan and identify those sites or general areas for neighborhood parks on a Neighborhood Park Master Plan. This Plan will be developed by the year 2010 with citizen input to determine the types of recreational facilities particular communities would like to see within their neighborhoods. Policy 2.1.2 The Land Development Code shall be amended to include a new definition of useable open space that will provide for an open space area to be used as a neighborhood park for the recreational needs of the surrounding area. Policy 2.1.3 New neighborhood parks will be carefully sited and intentionally integrated into existinq residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED) Neighborhood parks may also be co- located with churches, schools, or other recreational facilities Policy 2.1.4 Investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the Countv to meet the recreational needs of neighborhood parks Policy 2.1.5 Encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. Words in single stfike *�,� are deletions, and words in single underline are additions - as Transmitted on 5 7/29/03. Words in d@46- stpiko t4i are deletions, and words in double underline are additions - since Transmittal. ;0 GOAL 3: THE COUNTY SHALL DEVELOP A COMMUNITY AND REGIONAL PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Objective 3.1 By the year 2010, the Parks and Recreation Department will develop a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal Urban designated area the Immokalee Urban designated area, and Northern Golden Gate Estates (this excludes Conservation desi nated areas, Agricultural /Rural designated areas, Southern Golden Gate Estates and the outlyina Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee) This plan will include the identification of future community and regional park sites (or general areas) park improvements, cost estimates, and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites. Policy 3.1.1 The Parks and Recreation Department will acquire land to meet the needs of the Community and Regional Park Plan, including sufficient land to allow for a portion of these sites to remain in passive open space. Policy 3.1.2 The Parks and Recreation Department will design and construct the new community and regional parks. Policy 3.1.3 Continue to partner with the Collier County Public Schools to co- locate parks in conjunction with new school sites as they are identified and developed. Policy 3.1.4 Continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for community and regional parks Policy 3.1.5 Investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of community and regional ap rks. Policy 3.1.6 Encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. Policy 3.1.7 By the year 2010, the Parks and Recreation Department and the Transportation Operations Department will investigate the utilization of the existing canal and power line easements to create a greenway system throughout the coastal Urban designated area the Immokalee Urban designated area, and Northern Golden Gate Estates (this excludes Conservation designated areas. Agricultural /Rural designated areas Southern Golden Gate Estates and Words in single strife through are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in Elou le St -ik@ tiffe .`4 are deletions, and words in double underline are additions - since Transmittal. ,I the outlying Urban designated areas of Copeland, Port of the Islands Plantation Island and Chokoloskee). CPSP -03 -5 exhibit A Adoption per CCPC rec. G, Comp, Comp Plan Amendments, 2003 cycle GMP Am dw/12 -5 -03 Words in single strike are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in ' ' sliFi O "� `� are deletions, and words in d o uble underline are additions - since Transmittal. Ij- c C, T 46 8 T 47 S T 48 S I T 49 9 I T SD S I T 51 S I T 52 S T 53 S LU CA oz C.4 CL Lu cc U6 T �t H 11, flilff MOD 2 2-1 fly I IE MH 4 a Elm 17 1 D I =1® 2 -9 A' td g �5,h- zi N tg 6 iq �5 R --T--- 1-1 F' Ij- c C, CL. j uo- Z LU CA oz Lu cc U6 Ij- c C, T �t flilff MOD 2 -9 A' Ij- c C, Ile- 3 it 1 1 8 it I 1 8 91P 1 1s St 1 1 8 as 1 I S is 1 1 S Z9 1 I s Eg 1 I' MOD 2 -9 A' Ile- 3 it 1 1 8 it I 1 8 91P 1 1s St 1 1 8 as 1 I S is 1 1 S Z9 1 I s Eg 1 I' Af a L Z 4 W O 1. ¢ 6 W N ¢ J U. G W co :1 W n Sa i W W m ¢ Z Q J W W CC N U. T 49 S T 50 S T 51 S-e -V 52 S I T 53 S T 48 S I T 47 S T 48 S M � z 0 F Q � o 4 n jj r W M M f s W � ft I W Z m T,, s Wtl gEg 3 ig$ySgv 34 7 g3y�Y iil iif i1 ❑ it d $ ❑ H ❑ ? ' ❑ ® y a w N g.3QO :E°FFFFy s o ya'33a $gW£a 9y i 4 g a >> ¢ ❑Oe ®® b.H ❑i1®®® m8mM -1 W O 1. ¢ 6 W N ¢ J U. G W co :1 W n Sa i W W m ¢ Z Q J W W CC N U. T 49 S T 50 S T 51 S-e -V 52 S I T 53 S x •s x .s O I¢ M � 4 r W M M f s W � ft I W Z m T,, x •s x .s O I¢ F - S 94 1 S [ir 1 S 9t 1 3 St 1 9 09 1 S t9 1 S Z4 1 S E5 1 14- N �R¢ ��o 3 Z m T,, �ea w t 1 ¢ � YY• 8z o �.�+ F - S 94 1 S [ir 1 S 9t 1 3 St 1 9 09 1 S t9 1 S Z4 1 S E5 1 14- N �R¢ ��o 0 —� Exhibit A CONSERVATION AND COASTAL MANAGEMENT ELEMENT FUTURE LAND USE ELEMENT CPSP- 2003 -6 MARINA SITING CRITERIA FOR ALL REMAINING COASTAL AREAS WITHIN COLLIER COUNTY CCME, Policy 7.1.2(2)(h) [page 31] ACT _. _ _ �. ,� ... -_ - CCME, OBJECTIVE 7.2 [page 32] _ "Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through 7-2.4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents." CCME, Policy 7.2.1 [page 32] "The County shall apply the marina siting criteria contained in PeliG i 7.1.2 (7)(h) of this element the Collier County's Manatee Protection Plan (NR- SP- 93 -01) May 1995 in order to direct increased boat traffic away from sensitive manatee habitats." CCME, Policy 7.2.3 [page 32] "In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 44- 10.1.5). The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed." CCME, OBJECTIVE 10.1 [page 37] "Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Words underlined are added; words StF6lGk thFaugh are deleted: 8A '440 Manatee Protection Plan (NR- SP- 93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities and boat ramps, based upon the Plan's marina siting criteria." FLUE, URBAN DESIGNATION [page 18-19 20] "I. URBAN DESIGNATION: Urban Designated Areas will accommodate the following uses: b. Non - residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water- dependent and water - related uses (see Conservation and Coastal Management Element, Objective 44-4 10.1 and subsequent policies and the Manatee PreteG +inn P Collier County Manatee Protection Plan (NR- SP- 93 -01) May 1995 Genta4ned IR the Land PeveleprneRt Gede); 4. Child care centers; 5....17." FLUE, A. Urban - Mixed Use District [page 44-221 "This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non - residential land uses, including mixed -use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed -use sites of water - dependent and water - related land uses are permitted within the coastal region of this District. Mixed -use sites of water - dependent and water - related uses and other recreational uses may include water - related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water - dependent and /or water - related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Note: Collier County's Land Development Code allows for the construction of private boathouses and docks as an accessory use to permitted uses in the following zoning districts: Rural Agricultural (A), Residential Single Family, (RSF 1-6) Residential Multiple Family (RMF 1 -6, 12, 16), Residential Tourist (RT), Village Residential (VR) and Mobile Home (MH) Marinas are a permitted use in the Commercial (C -3) and Commercial (C -4) Districts Marinas are permitted as a conditional use in the RT District Marinas and boat ramps are permitted as a conditional use in the Communitv Facility (CF) District Boat yards and marinas are permitted as a conditional use in the VR District The Collier County Manatee Protection Plan (NR- SP- 93 -01) Mav 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities and boat ramps, based upon the Plan's marina siting criteria." Words underlined are added; words struek threug# are deleted: Exhibit A ECONOMIC ELEMENT CPSP- 2003 -7 ECONOMIC ELEMENT GOAL 1: Collier County will achieve and maintain a diversified and stable economy by providing a positive business climate that assures maximum employment opportunities while maintaining a high quality of life. OBJECTIVE 1.1: Collier County will encourage the conservation and enhancement of those natural, cultural, and social resources that represent the foundation of the county's existing retirement, recreation, and tourist - oriented economy in order to place Collier County in a competitive position to enable the retention and expansion of these and other business opportunities. POLICY 1.1.1: Collier County will encourage the development of diverse cultural facilities through public, private, or public /private partnerships that meet the needs of the residents and visitors of Collier County. POLICY 1.1.2: Collier County will support the opportunity for development and support of hospitals, nursing homes and additional medical related facilities in order to promote a continuum of care to enhance the quality of life throughout the county. POLICY 1.1.3: Collier County will cooperate with state entities and other social service providers to encourage the establishment of programs and facilities that assist the elderly population of Collier County. POLICY 1.1.4: Collier County will work with the sheriff, fire districts municipalities, and other appropriate entities to provide a strong public safety program capable of protecting the citizens of Collier County and their-property. POLICY 1.1.5: Collier County will support recycling programs in Collier Countv to protect natural resources, conserve energy, prolong the useful life of landfills and maintain a positive public image. POLICY 1.1.6: Collier County will support the protection of the environment that sustains the commercial fishing and tourist industries by opposing the leasing of off -shore tracts for the purpose of oil exploration and drilling The county will oppose off -shore oil drilling in the region south of latitude 27 degrees north to the state waters north of the Florida Keys and west to longitude 86 degrees west. POLICY 1.1.7: Collier County will encourage the preservation of sensitive natural resources, including beaches, wetlands, estuaries clean air and water, historic resources, scenic vistas and other unique natural resources Words underlined are added; words sty iek t faug-h are deleted, "" 8 A POLICY 1.1.8: Collier County, in response to the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes, prices, and rents. OBJECTIVE 1.2: Collier County will support programs that are designed to expand and enhance the tourism industry. POLICY 1.2.1: Collier County will continue to support the area's domestic and international tourism programs to ensure continuation and expansion of the tourism industry. POLICY 1.2.2: Collier County will continue to support the local tourism industry and work with the community to position Collier County as a friendly hospitable visitor destination. POLICY 1.2.3: Collier County will support appropriate entities toward positioning Collier County as a major aviation international port of entry. POLICY 1.2.4: Collier County will support the research efforts of ##e- T-e� appropriate entities to accurately measure the economic impact of tourism and provide information for planning, marketing and management of tourism for both the private and public sectors. POLICY 1.2.5: Collier County will support the development of ecotourism in Collier County. OBJECTIVE 1.3: Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify Collier County's economic base. POLICY 1.3.1: Collier County will support efforts to formulate an economic development plan to assist local organizations in fostering the expansion and diversification of Collier County's economic base. POLICY 1.3.2: Collier County, in support of appropriate entities, will support a coordinated local, regional, national, and international marketing program that will identify and attract industrial, commercial, and office space users. POLICY 1.3.3: Collier County will support the preparation of an annual report on the progress of economic development in Collier County. POLICY 1.3.4: Collier County will support a marketing program to actively pursue and encourage businesses to relocate to Collier County. POLICY 1.3.5: Collier County will study the economic incentives utilized by various Florida cities and counties that may also be utilized by Collier County to place the county in a competitive position to attract new businesses. Words underlined are added; words st fue. are deleted, POLICY 1.3.6: Collier County, in coordination with appropriate entities, will support the expansion of international banking and' finance to better accommodate the needs of international visitors to the area and that of local firms engaged in global markets. POLICY 1.3.7: Collier County will support the location of business and industry in the Foreiqn Trade Zone located at the Immokalee Airport. POLICY 1.3.8: Collier County, in coordination with appropriate entities, will continue programs that encourage and assist in the location of new companies that build on the traditional economic base. POLICY 1.3.9: Collier County will support the preparation of an annual report on the progress of existing industry expansions and traditional industry starts. POLICY 1.3.10: Collier County will support the protection and promotion of its existing water port developments. POLICY 1.3.11: Collier County will actively pursue state and federal funding for transportation improvements to the local, regional, state, and national highway system in Collier County. POLICY 1.3.12: Collier County, in coordination with other appropriate entities, will support the establishment and retention of small businesses throughout the County. POLICY 1.3.13: Collier County will encourage agriculture industry programs to maintain or improve its economic viability, provide necessary support and promote Collier County produce. OBJECTIVE 1.4: Collier County will support the economic development goals, efforts and community involvement of nonprofit organizations, civic associations and local groups and programs. POLICY 1.4.1 Collier County will support the economic development initiatives of regional nonprofit organizations. POLICY 1.4.2 Collier County will support the economic development goals and efforts of countywide organizations. POLICY 1.4.3 Collier County will support the economic development efforts of localized organizations. OBJECTIVE 1.5 Collier County will encourage the expansion and development of educational facilities and programs that complement economic development and diversification. POLICY 1.5.1: Collier County will continue to coordinate with and assist the Collier County School Board in the orderly and rational expansion of educational facilities that enhance economic growth and a desired quality of life. Words underlined are added; words are deleted, POLICY 1.5.2: Collier County will promote the development of programs and facilities at institutions of higher learning, including business and commerce, health services, technologies, and education careers. POLICY 1.5.3: Collier County will encourage institutions of higher learning to develop cooperative and integrated curriculums that enhance and increase the productivity of the local work force and attract industries and skilled workers. OBJECTIVE 1.6: Collier County will maintain a system of development regulations that will promote the accomplishment of the goals, objectives, and policies of this element. POLICY 1.6.1 Collier County will periodically review its land development regulations for consistency with the Collier County Growth Management Plan to promote the accomplishment of the goals, objectives and policies of this element. Words underlined are added, words s 1Fthf eugk are deleted, Exhibit A CAPITAL IMPROVEMENTELEMENT /TRANSPORTATION /FUTURE LAND USE ELEMENTS CPSP- 2003 -8 [CIE — Page 121 Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or B. The necessary facilities and services are under construction or the contract for such facilities and services has been let at the time a final site development plan, final plat or building permit is issued; or C. The necessary facilities and services are in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR at the time a final site development plan, final plat or building_ permit is issued; or D. The necessary facilities and services are in the first or second year of ` FDOT 5 -Year Work Program at the time a final site development plan, final plat or building permit is issued; or E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this GMP and meets the applicable requirements of Policies 5.5 through 5.8 of the Transportation Element. F. The necessary facilities and services are the subject of a binding commitment with the Developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. Words underlined are added; words st ek thfoo are deleted. 8A [Transportation — Page 14] Policy 5.2: Project traffic that is less than 1% or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development for de minimis impact shall be pursuant to Section 163.3180(6), F.S. Policy 5.3 The County wi4 conducted a Traffic Impact Vesting Affirmation Review ever the RGYA in 2003 to determine for planning purposes only which developments are may be vested for concurrency_ No legal determination of vested status for projects was made and even though the initial review indicated vesting, this finding does not provide a legal presumption that a project is vested. All previously approved projects must go through a vesting review pursuant to Section 3.15.7.2.6. of the Land Development Code-:the GGhedule Gf wheR these develepmeRtS will be built and the FRagRitude ef tFaffiG that i , vested status. Words underlined are added; words are deleted. o Policy 5.4 To optimize the County's transportation analysis, the County shall prepare an analysis of the transportation system within the urban area utilizing SYNCHRO or other current traffic analysis techniques and tools by January 2 Policy 5.5 Pursuant to Rule 9J- 5.0055(6)(a)3., F.A.C. and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of the GMP, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR -4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below. and peak hour work trips generated by the development. f) 1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Capital Improvement Policy 1.5.3. 2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.5 are exempt from the transportation requirements of Capital Improvement Policy 1.5.3. Policy 5.6 Commercial dOevelopments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Planning Division that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership. djFlexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. elCompressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. MTransit subsidy that would reduce auto trips generated by the development and increase transit ridership. hjBicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would reduce Words underlined are added; words sly are deleted. vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrence requirements for transportation shall obtain certification that at least four (3) of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential proiect. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). C) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Developments within the South U.S. 41 TCEA that wf}& do not obtain e certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Policy 5.7 The Countv shall desianate Transportation Concurr_encvManagement_Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads are in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: 1 Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR -6). Policy 5.8 Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of this element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is Words underlined are added; words stfuek *h,-ot nh are deleted. w made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. Policy 5.9 Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and /or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), vet continue to maintain the established percentage of lanes miles indicated in 9a;aqfaoh -4. awe Policy 5.8 a proportionate share payment shall be required as follows: a. Proportionate share payments shall be calculated using the formula established in Rule 9J- 2.045(2)(h), F.A.C. fees OR effeGt at that tk4; ^. The facility cost for a constrained roadway link shall be established using a typical lane mile cost as determined by the Collier County Transportation Administrator of adding lanes to a similar area /facility type as the constrained facility. b. Proportionate share payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and /or to enhance mass transit or other non - automotive transportation alternatives, which adds trip capacity within the impact fee district or adjoining impact fee district. C. Proportionate share payments under this section are determined subsequent to a finding of concurrence for a proposed project within a TCMA and do not influence the concurrence determination process. d. No impact will be de minimisif_it exceeds the adopted level -of- service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. [FLUE — Page 44-121 Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, TCEA, TCMA, add projects to the Capital Improvements Element, enter into a binding commitment with a Developer T ansn ^vT uci^on FIemeRt. er to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. Words underlined are added; words stfiae k rh. -eugh are deleted. • 1 0 [FLUE - Page 13 Policy 2.4 Pursuant to Rule 9J- 5.0055(6)(a) 3., F.A.C. and the Urban Infill and Urban Redevelopment Strategy contained in this element of the GMP, development located within the South U.S. 41 Transportation Concurrence Exception Area (TCEA) (See map TR -4) may be exempt from transportation concurrence requirements so long as impacts to the transportation system are mitigated using the procedures set forth in Policies 5.5 and 5.6 of the Transportation Element of the GMP. Developments within the South U.S. 41 TCEA that obtain an exception from concurrence requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6 of this GMP, and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plan of development shall not be subiect to the Traffic Congestion Density Reduction as contained in the Density Rating System of this Future Land Use Element. Developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Policies 5.7 and 5.8, and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code as amended) as part of their plan of development shall not be subject to the Traffic Congestion Density Reduction, as contained in the Density Rating System of this Future Land Use Element. Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrence requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrence review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Policy 2.5 The County shall designate Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads are is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of this -the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element of the —GMR. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrence Management Areas are hereby designated: 1 Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (See map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (See map TR -6). Words underlined are added; words k thfo gh are deleted. 0 I [FLUE - New Objective /Page 19] Obiective 6 Transportation Concurrence Management Areas (TCMAs) are geographically compact areas designated in local -government comprehensive plans where intensive development exists, or such development is planned New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources protecting historic resources maximizing the efficient use of existing public facilities and promoting public transit bicycling walking and other alternatives to the single occupant automobile Transportation Concurrencv Management Areas are hereby established in the specific geographic areas described in Policy 2.5 of this Element. Policy 6.1 Collier County's designated Transportation Concurrence Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by romotin redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Objective 5, and relevant subsequent policies of this Element Policy 6.2 In order to be exempt from link specific concurrence new commercial development or redevelopment within Collier County's designated Transportation Concurrence Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership C) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. q) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. Words underlined are added; words sti-dek thfeuo are deleted. • h) Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development 0 Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. D Providing transit shelters within the development (must be coordinated with Collier County Transit). Policy 6.3 In order to be exempt from link specific concurrence new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two (2) of the followinq Transportation Demand Management (TDM) strategies as may be applicable: a) Including neighborhood commercial uses within a residential project b) Providing transit shelters within the development (must be coordinated with Collier County Transit). C) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties Policy 6.4 All rezoning within the Transportation Concurrency Management Areas (TCMAs) is encouraged to be in the form of a Planned Unit Development (PUD) Any development contained in a TCMA, whether submitted as a PUD or non -PUD rezone shall be required to be consistent with the native vegetation preservation requirements contained within Policy 6.1.1 of the Conservation and Coastal Management Element Policy 6.5 All new development, infill development or redevelopment within a Transportation Concurrence Management Area is subject to the historical and archaeological Preservation criteria, as contained in Objective 11.1 and Policies 11.1.1 through 11.1.3 of the Conservation and Coastal Management Element [FLUE Density Rating System /Page 38] a. Density Bonuses 7. Residential redevelopment or infill development that meets the criteria established in Policies 6.1 through 6.5 of this Element and which occurs within a designated Transportation Concurrence Management Area (TCMA) may add 3 residential units per gross Acre. This density bonus shall not be available if the proposed development is located within the Coastal High Hazard Area Additionally, in no instance shall the total project density exceed 16 units per gross acre b. Density Reduction Words underlined are added; words str-uek4hfeugh are deleted. 8A Consistency with the following characteristic would subtract density: 1. Traffic Congestion Area If the project were within the Traffic Congestion Area, an area identified as subject to long -range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport - Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Furthermore, this density reduction shall not apply to developments located within the South U.S. 41 TCEA (as identified within Transportation Element Map TR -4, and Policies 5.5 and 5.6, and FLUE Policy 2.4) that obtain an exception from concurrence requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6 of this GMP and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code as amended) as part of their plan of development. This reduction shall likewise not be applied to Developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5 and Transportation Policies 5.7 and 5 8 and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plan of development Words underlined are added; words °+^ugh are deleted. 9 O w r w Q c: .i L1u U)_ Wm AIRPORT PULLING RD/ / i i i It T EXHIBIT A COUNTY BARN RD Y U O 2 Q Lu Q Z V) W I A V a� U O c 05 0 � O w �} O Q O O z y L' Li m m ( 7 z a rH as 00 � O � Q CD O O 0 D] L U �p O DR o N M M M O U •� a, o 00 N O w r w Q c: .i L1u U)_ Wm AIRPORT PULLING RD/ / i i i It T EXHIBIT A COUNTY BARN RD Y U O 2 Q Lu Q Z V) W I A V i o =° O N � o � [ham r r N N U � U ago 0 SEE o ^o O o M or c, N � II II II C U U U - c m tV C i d clic Q > Z a W O F— L 0 CL C 0 H a W L) � L 0 0 W V c 0 U mE Q'w a� 05 0 w �} O O z y L' Li m m ( 7 z a a M � O � Q CD O O 0 7BAYSHORE DR i o =° O N � o � [ham r r N N U � U ago 0 SEE o ^o O o M or c, N � II II II C U U U - c m tV C i d clic Q > Z a W O F— L 0 CL C 0 H a W L) � L 0 0 W V c 0 U mE Q'w a� 05 0 w z z 4 2 O z y L' Li m m ( 7 z a a M � O � Lo CD O O i o =° O N � o � [ham r r N N U � U ago 0 SEE o ^o O o M or c, N � II II II C U U U - c m tV C i d clic Q > Z a W O F— L 0 CL C 0 H a W L) � L 0 0 W V c 0 U mE Q'w w Z J z D O U LLI LLI J Lb S� EXHIBIT A w �o Z � W m J O O COLLIER BLVD f LOGAN BLVD j VINEYARD BLV� UJ1 •...rte ■ ■ ■• Q LIVINGSTON RD LIVINGSTON RD_ I o ; X14 z W AIRPORT PULLING RD ! 4� VANDERBILT DR cl �¢ m �O m �- M�X,GO GUFF O GULF SHORE DR _ r¢ 8A O N Z o U� %SI U� c c m a r >_ t0 � N NO U m C C U7 m C d C %.0 o N N a � C H A L L cam. 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ER-ES BLVD XT } s- U� u c O E �+ C >_ l0 O Q ND C C _N oa _ o m _ o m ao c n H W N 7 O C9 O Z ;: 0 v i E- W > W O Z Q 2 o 0 d a 0 0 o m U m T U � U � C N > O — W U Exhibit A 8 A Future Land Use Element CPSP- 2003 -9 V. OVERLAYS AND SPECIAL FEATURES [Pg. 74] E. Airport Noise Area Overlay [Pg. 104] The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 60, 65, 70 and 75 Ldn (day -night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 60 65 Ldn contour, the least severe impact of these three four noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 60 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. Words underlined are added; words struGli threugh are deleted. i i i T 48 S T 47 S T 48 S c i i c o v e 4 i rb� a g cggi 4•!®❑ D <x Ell 1 ❑❑0 six Na Y; }a; dads gs €bt�g W g.b n 3$v3 OE2 'owns* W Q � i W W W N W W m N S W N CL S Q W m N Z -j > W =q W c i L6 T 48 S I T 50 S T 51 S T 52 S T 53 S 8 t W W IC � � W i O I i e � y i Wiry _ y � tvs y gi � J y E�nOO W 3��d ua bN +� ac ��P S S4 1 S t4 1 1 9 8f 1 1 3 Bi 1 I S 09 1 1 S LS 1 I S Z5 1 1 3 £5 1 —� i c W W IC � � W i O I i e � y i Wiry _ y � tvs y gi � J y E�nOO W 3��d ua bN +� ac ��P S S4 1 S t4 1 1 9 8f 1 1 3 Bi 1 I S 09 1 1 S LS 1 I S Z5 1 1 3 £5 1 —� • INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING This Agreement is entered into by and between the Collier County Board of County Commissioners (hereinafter referred to as "County ") and the District School Board of Collier County, Florida (hereinafter referred to as "School Board "), together the Parties. WHEREAS, the Parties recognize their mutual obligation and responsibility for the education, nurturing and general well -being of the children of Collier County; and WHEREAS, the Parties recognize the benefits to the citizens and students of their community by more closely coordinating their comprehensive land use and school facilities planning programs to ensure: (1) better coordination of new schools in time and place with land development; (2) greater efficiency for the School Board and the County by the placement of schools to take advantage of existing and planned roads, water, sewer, parks, and drainage systems; (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the County; (4) the location and design of schools so that they serve as community focal points; (5) the location and design of schools with parks, ballfields, libraries, and other community facilities to take advantage of joint use opportunities; and (6) the location of new schools and expansion and rehabilitation of existing schools so as to reduce pressures contributing to urban sprawl and support existing neighborhoods; and WHEREAS, Section1013.33 (10), Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of its comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the School Board, and describe the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires each county, all the municipalities within that county, and the district school board to establish by interlocal or other formal agreement executed by all affected entities, the joint processes described above consistent with their adopted intergovernmental coordination element; and M0 1 el WHEREAS, the Parties enter into this Agreement in fulfillment of the above referenced statutory requirements and in recognition of the benefits accruing to their citizens and students described above; and WHEREAS, the parties hereto are authorized to enter into this Interlocal Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2., and Section 1013.33(2)(x), Florida Statutes; and WHEREAS, upon the Department of Community Affairs (DCA) acceptance of this Agreement, and upon the commitment of the Parties hereto to abide by and seek fulfillment of the terms and conditions of the Agreement, that DCA shall recognize the Agreement as fully satisfying Florida Statutes Sections 1013.33 and 163.3177 requirements for cooperative planning for all Parties involved, both individually and collectively. _ NOW THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the Parties hereby agree as follows: Section 1. Recitals The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. The following procedures will be used to coordinate public facilities planning acid land use planning: Section 2. Joint Workshop Meetings 2.1 A staff working group from the County and School Board will meet on an as needed basis, but no less frequently than twice per year, to formulate recommendations and discuss issues regarding coordination of land use and school facility planning, including such issues as population and student enrollment projections, development trends, school needs, co- location and joint use opportunities, and ancillary infrastructure improvements needed to support the schools and ensure safe student access. Representatives from the Southwest Florida Regional Planning Council will also be invited to attend. The School Board staff, in coordination with the County Manager will be responsible for making meeting arrangements and providing the necessary notification for the first meeting in 2003. Thereafter, the process for meeting notification will be established by a majority of the members of the working group then present. 2.2 One or more of the elected members of the County L Commission and the School Board will meet every other year in joint workshop session. Additional workshops may be s�. held upon request by either the County Commission or the School Board. The joint workshop sessions will be opportunities for the County Commission and the School Board to build consensus, and set direction regarding coordination of land use and school facilities planning, including, but not limited to the following: population and student estimates and projections, development trends, school needs, off -site improvements, and joint use opportunities. The County Manager and School Board Superintendent will be jointly responsible for making meeting arrangements and providing notification for the joint workshop. Section 3. Student Enrollment and Population Projections 3.1 In fulfillment of their respective planning duties, the County and the School Board agree to coordinate their respective plans based upon agreed upon projections of the amount, type and distribution of population growth and student enrollment. 3.2 The School Board shall utilize the Department of Education (DOE) five -year county -wide student enrollment projections. The School Board may request that the DOE projections be adjusted to reflect actual enrollment and development trends not anticipated by the DOE projections. In formulating such a request the School Board will coordinate with the County regarding future population projections and growth. Five - year population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the County are reflected in the updated projections. 3.3 The County staff, in coordination with the School Board will use information on County growth and development trends for unincorporated areas, such as census information on population and housing characteristics, persons -per- household figures, historic and projected growth rates, and the information described in Subsection 4.2 of this Agreement, to project residential units by type for five years (single family, multi - family and mobile home) and allocate these units into sub - county planning sectors, such as student attendance zones consistent with county -wide projections. The planning sectors will be established by mutual consent of the School Board and the County. The allocation of residential units by type and planning sector will be provided to the School Board by September 1 st of each year. 3.4 The School Board will evaluate the planning sector projections prepared by the County. The School Board working with the County will develop and apply student generation multipliers for residential units by type for schools of each type, including, but not limited to, traditional public elementary, middle and high schools, as well as, charter, alternative and vocational schools, considering past trends in student enrollment within specific planning sectors in order to project school enrollment. The school enrollment projections will be included in the Educational Facilities Report provided to the County each year as specified in Subsection 4.1 of this Agreement. 3.5 Population Projections: Coordination regarding the update of the County population projections, their allocation into planning sectors, and conversion into projected student enrollment will occur on an annual basis at the staff working group meeting described in Subsection 2.1 of this Agreement. The revised projections and the variables utilized in making the projections will be reviewed and established by agreement of the staff working group. Section 4. Coordinating and Sharing of Information 4.1 Educational Facilities Report: By November 1St of each year, the School Board shall submit to the County an Educational Facilities Report. The report will contain information in tabular, graphic, and textual formats detailing existing and projected school enrollment, existing educational facilities, their locations, the number of portable units (hereinafter "portables ") in use at each school, and projected facility needs. The Report will also contain the School Board's capital improvement plan, including planned facilities with funding over the next 5 years, and a description of any unmet needs. The Report will- provide data for each individual school concerning school capacity based on DOE criteria and enrollment of each individual school based on actual student counts. The Report will show the generalized locations in which new schools will be needed, along with planned renovations, expansions and closures of existing schools. The Report will indicate properties the School Board has already acquired through developer donation, or properties for which there is a developer obligation to provide property to the School Board, at the School Board's discretion, or properties acquired through other means that are potential school sites. -' 4.2 Growth and Development Trends: On September 1 st of each year, the County will provide the School Board with a report on annual growth and development trends. The report will contain information in tabular, graphic and textual formats and will include information regarding development approvals for the preceding year as follows: (a) the type, number, and location of residential dwelling units, which have received zoning approval, final subdivision plat approval, or site plan approval; (b) a summary of all comprehensive plan amendments to include a description of any land use changes and the location of the affected area; (c) the number of building permits issued for new residential dwelling units and the location of such residential dwelling units; (d) information regarding the conversion or redevelopment of housing or other structures into residential dwelling units which are likely to generate new students; and (e) identification of any developm9nt orders issued which contain a requirement for the provision of a school site as a condition of development approval. The estimated number of students generated from the development approvals from new residential dwelling units will be used in the data and analysis to support the annual update of the School Board's Five -year Capital Facilities Plan. Section 5. School Site Selection 5.1 The School Board will establish an informal site evaluation committee for the purpose of reviewing potential sites for new schools and proposals for renovation, expansion and closure of existing schools, and making suggested recommendations to the District Site Selection Committee, the Superintendent and the School Board. The site evaluation committee will be a standing committee and will meet on an as needed basis. In addition to appropriate members of the school district staff, the informal site evaluation committee will include at least one County staff member appointed by the County Manager. The committee 5 membership will be expanded as needed to include additional County staff. When the need for a new school site is identified in the district facilities work program, the site evaluation committee will develop a list of potential sites in the area of need identified in the educational plant survey. The list of potential sites and list of schools proposed for renovation, expansion or closure will be submitted to the County for an informal assessment regarding consistency with the County comprehensive plan including: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, and land use compatibility. In addition, consistency with community vision and other issues such as student assignment that have a bearing on site suitability will be commented upon. The issues identified in Subsection 5.2 of this Agreement will also be considered by both the County and site evaluation committee as each potential site and each school proposed for renovation, expansion or closure is evaluated. Based on the information gathered during this review, the site evaluation committee will make a recommendation to the District Site Selection Committee concerning the selection of potential school sites in order of preference, and, if applicable, schools proposed for renovation, expansion or closure in order of preference. 5.2 The following matters will be considered by the informal site evaluation committee, the County and the School Board when evaluating potential school sites or the expansion or rebuilding of existing schools, including charter schools: a. The location of school sites that will provide logical focal points for community activities such as the community facilities itemized in Subsection 9.1 and serve as the cornerstone for innovative urban design standards, including opportunities for shared use and co- location of community facilities. b. The location of new elementary and middle schools proximate to residential neighborhoods. C. The location of new schools within reasonable walking distance of the residential dwelling units served by the schools, as practicable, under the student assignment program. d. The location of new high schools on the periphery of residential neighborhoods, with access to major roads. e. Compatibility of the school site with present and projected uses of adjacent property. f. Encouragement of community redevelopment and revitalization and efficient use of existing infrastructure and discouraging urban sprawl. g. Land availability, site acquisition and development costs, and degree of urbanization. h. Safe access to and -from the school site by pedestrians and vehicles. i. Availability of public facilities and services necessary to serve the proposed school, concurrent with the impacts of the school. j. Environmental constraints that could preclude development of a public school on the site if mitigation is not available or practicable. k. Impact on archaeological or historic sites listed in the National Register of Historic Places or designated by the County as a locally significant historic or archaeological resource. Soil characteristics that indicate the proposed site is suitable for development or is adaptable for development and outdoor educational purposes with the provision of drainage improvements. M. The proposed location in relation to County stormwater management plans or watershed management plans. n. The proposed location in relation to the velocity flood zone, a floodway, or the Coastal High Hazard Area, as delineated in the County Growth Management Plan. -- o. The ability of the site to accommodate the required parking, circulation and queuing of vehicles. 7 P. The proposed location in relation to any airports considering the requirements of Section 333.03, Florida Statutes, which regulates the construction of public educational facilities in the vicinity of an airport. 5.3 As early as practicable, but no less than 60 days prior to acquiring or leasing property that may be used for a new public educational facility, or initiating the renovation or expansion of an existing school, the School Board shall provide written notice of same to the County. The County, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site or the proposed renovation or expansion of an existing school is consistent with the land use categories and policies of the County's Growth Management Plan. This preliminary notice does not constitute the County's determination of consistency pursuant to Section 1013.33(11), Florida Statutes. Section 6. Supporting Infrastructure In conjunction with the preliminary consistency determination described at Subsection 5.3 of this Agreement, the School Board and the County will jointly determine the need for, and timing of, on -site and off -site infrastructure improvements necessary to serve each new school or the proposed renovation, or expansion of an existing school, and will enter into a written agreement as to the timing and location, and the entity or entities responsible for constructing, operating and maintaining the required improvements. Section 7. Comprehensive Plan Amendments, Rezonings, and Development Approvals 7.1 The County will include a nonvoting representative appointed by the School Board on the local planning agency, or equivalent agencies, to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The County may, at its discretion, grant voting status to the School Board representative. The School Board will receive local planning agency's agendas and appropriate backup materials from the County and will review and comment as ~ appropriate. 84 7.2 The County will provide the School Board notification of all land use applications and development proposals pending before it that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided at least 14 days prior to approval of the application. This notice requirement applies to amendments to the Growth Management Plan, Future Land Use Element and Map rezonings, developments of regional impact, and other major residential or mixed -use development projects. 7.3 After notification by the County, the School Board will advise the County of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned in order to accommodate the impacts. School capacity will be reported consistent with DOE criteria. 7.4 Based on the DOE definition of adequate capacity, if sufficient capacity is not available or planned to serve the development at the time of impact, the School Board shall specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, County, and developer may collaborate to find a means to ensure that sufficient school capacity will be available to accommodate the residential development, such as, developer contributions, project phasing, required facility improvements and school impact fees. 7.5 In reviewing and approvirig land use applications, rezoning requests and development proposals, the County will consider, if applicable, the following issues when requested by the School Board: a. Providing school sites and facilities within planned neighborhoods. b. Insuring the compatibility of land uses adjacent to existing schools and reserved school sites. C. The co- location of parks, recreation and community facilities with school sites. d. The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks. e. Insuring the development of traffic circulation plans to serve schools and the surrounding neighborhood. 0 f. Providing off -site signalization, signage, access improvements and sidewalks to serve all schools. g. The inclusion of school bus stops and turnarounds in new developments. h. Encouraging the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments. i. School Board comments on Growth Management Plan amendments and other land -use decisions. j. Available school capacity or planned improvements to increase school capacity. 7.6 In formulating community development plans and programs, the County will consider the following issues: a. Target community development improvements in older and distressed neighborhoods near schools. b. Coordinate County programs and capital improvements that are consistent with and meet the capital needs identified in the School Board's school facilities plan. C. Encourage.developments and property owners to donate school sites at predevelopment prices, assist with the construction of new facilities or renovation to existing facilities, and provide transportation alternatives. d. Address and resolve multi - jurisdictional public school issues. Section 8. Educational Plant Survey and Five -Year District Facilities Work Program 8.1 At least one year prior to preparation of the educational plant survey update, the staff working group established in Subsection 2.1 of this Agreement will assist the School Board in an advisory capacity in the preparation of this update. The staff working group will evaluate and make recommendations regarding the location and need for new i I educational facilities, or improvements to existing educational facilities in terms of consistency with the County Growth Management Plan, and relevant issues listed at Subsections 5.2, 7.5 and 9.1 of this Agreement. 8.2 The School Board will provide the proposed annual update of the five -year district facilities work program to the County for review and comment for consistency with the County Growth Management Plan prior to adoption. The County may provide written comments to the School Board within 30 days following receipt of the proposed work program. Section 9. Co- location and Shared Use 9.1 Co- location and shared use of facilities are important to both the School Board and the County. The School Board will look for opportunities to co- locate and share use of school facilities and civic facilities when preparing the Educational Plant Survey. Likewise, co- location and shared use opportunities will be considered by the County when preparing the updates to its Growth Management Plan, Schedule of Capital Improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co-- location and shared use will be considered for libraries, parks,-recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, where applicable, co- location and shared use of school and governmental facilities for health care and social services will be considered. 9.2 A separate agreement between the School Board and the County or appropriate entity, will be developed for each instance of co- location and shared use which addresses legal liability, operating anti- maintenance costs, scheduling of use, and facility supervision. Section 10. Oversight Process The School Board and the County Commission shall each appoint a citizen member to serve on an oversight committee to monitor implementation of this Interlocal Agreement. Oversight Committee members shall be invited to attend all meetings referenced in Sections 2 and 5 hereof and shall receive copies of all reports and documents produced pursuant to this Agreement. The committee shall appoint a chairperson, meet at least annually, and report to the County Commission and the School Board and the general public on the implementation of this Agreement together with its effectiveness. ?1 Section 11. Site Plan Review Projects initiated by the School Board shall.comply with applicable site development plan review requirements as set forth in a separate interlocal agreement entitled Agreement Between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to Establish Educational Plant and Ancillary Plant Site Development Review Processes and Substantive Criteria Including the Consideration of Future Amendment's to the County's Growth Management Plan and Implementing Land Development Regulations," which further refines and delineates the provisions and scope of a School Board Review process for site plan review of future School Board projects. Section 12. Resolution of Disputes If the Parties to this Agreement are unable to resolve any issue relative to this Agreement and with in which they may be in disagreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. Section 13. Amendment and Termination of Agreement Either party may elect to withdraw from participation in this Agreement upon official action of its governing body and after 30 days written notice to the other party to this Agreement. Section 14. Execution This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument and be the agreement between the parties. Section 15. Expiration The term of this Agreement shall be for a period of ten years; provided however, that either party can request a review of the Agreement every two years. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by the Parties by their duly authorized officials on the date set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Dwigt- 6t3'rb&, `C rk. ii'tn °3 e By Tom Henning, Chairma 5-2-1 -03 y { Approved as to form and legal sufficiency: David C. eigel, Coun y Attorney ATTEST: Aw 84' Date: - ®3 COLLIER COUNTY SCHOOL BOARD By: By Dr. H. B/enjarAin Marlin, Superintendent Linda Abbott, Chairman 404857_1 13 Date: �/(P D3 n az 614 . INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE COLLIER COUNTY SCHOOL BOARD TO ESTABLISH EDUCATIONAL PLANT AND ANCILLARY PLANT SITE DEVELOPMENT REVIEW PROCESSES AND SUBSTANTIVE CRITERIA INCLUDING THE CONSIDERATION OF FUTURE AMENDMENTS TO THE COUNTY'S GROWTH MANAGEMENT PLAN AND IMPLEMENTING LAND DEVELOPMENT REGULATIONS THIS AGREEMENT made by and between Collier County, a political subdivision of the State of Florida, (hereinafter referred to as the "County ") and the Collier County School Board, a public agency of the State of Florida, hereinafter (referred to as the "School Board "), together the "Parties." WHEREAS, the County and the School Board have established and maintained a cooperative and productive relationship with regard to the exchange of information on matters of mutual interest including, but not limited to, the coordination of planning efforts to ensure that support services are available for public educational facilities in the unincorporated area of Collier County; and WHEREAS, Section 101 3.33(l), Florida Statutes (2002), sets forth the policy of the State with regard to the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other services; and WHEREAS, Section 1013.33(9), Florida Statutes, in order to encourage and facilitate such planning, provides that the School Board and the County must share and coordinate information related to existing and planned public school facilities, proposals for development, redevelopment or additional development, and infrastructure required to support the public school facilities concurrent with the proposed development; and WHEREAS, the County and School Board have shared such information for numerous years and continue to share such information so that each entity can assist the other in reaching its goals and objectives; and WHEREAS, Section 1013.33(l 1), Florida Statutes, sets forth the policy of the State with regard to an expedited review process to determine consistency with the local government's comprehensive plan and land development regulations, and where this Agreement details a consistency review process; and WHEREAS, Section 1013.33(12), Florida Statutes, sets forth the policy of the State with regard to an expedited review process and any development review shall not exceed 90 days, and where this Agreement details a School Board Review process; and WHEREAS, Section 1013.33(13), Florida Statutes, provides that a local governing body may not deny the site applicant on the adequacy of the site plan as it relates solely to the needs of the school if the site is consistent with the comprehensive plan's Iand use policies and categories in which public schools are identified as allowable uses. The local government may not deny the application but it may impose reasonable development standards and conditions in accordance with Section 1013.51(1), Florida Statutes, and consider the site plan and its adequacy as its relates to environmental concerns, health, safety, welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed to; and WHEREAS,., Section 1013.33(14), Florida Statutes, authorizes the School Board and the County to establish,!, by agreement, an alternative process for reviewing a proposed Educational Plant or Ancillary Plant, including the identification of off -site impacts of a proposed Educational Plant or Ancillary Plant, and where this Agreement details a School Board Review process to delineate a formal procedure pursuant to State law; and WHEREAS, through this Agreement the County and the School Board wish to maintain and enhance their cooperative and productive relationship regarding the exchange of information relating to planning efforts and public facilities. NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the parties hereby agree as follows: 1. The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. 2. This Agreement is made pursuant to Section 1013.33, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, Chapter 1013, Florida Statutes, and terms used herein shall have the meaning set forth in such legislation. Specifically, the following terms as used in this Agreement shall be defined as follows: A. "Adjacent" means lying near or adjoining. B. "Ancillary Plant" is comprised of the building, site, and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program. C. "Auxiliary Facility" means the spaces located at educational plants which are not designed for student occupant stations. D. "Compatibility Review" means a review pursuant to the Architectural and Site Design Standards contained within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR Letters of Compliance are requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. E. "Consistency Review" means a review process whereby the County will determine prior to the School Board's acquisition of property whether such property is consistent with the locational criteria of the Growth Management Plan's Future Land Use Element and Map, Golden Gate 2 Area Master Plan and Immokalee Area Master Plan, and whether the Plant or Facility is a permitted use, conditional use or prohibited use in the zoning district on the site, pursuant to Section 4 of this Agreement. F. "County's implementing land development regulations" means the Collier County Land Development Code, including the zoning regulations and development regulations contained and referenced therein. G. `Educational Facilities" means the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. H. "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant. I. "Locational Criteria" means the land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan. J. "School Board Review" ( "SBR ") means the site development plan review process for School Board projects as outlined in this Interlocal Agreement pursuant to Sections 5 and 6 of this Agreement. K. "State Requirements for Educational Facilities" ( "SREF ") means the Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended. L. "1996 Interlocal Agreement" means the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 2207, pages 1729 et seq., which bears an effective date of June 25, 1996. The Growth Management Plan's Future Land Use Element (FLUE), Golden Gate Area Master Plan Element (GGAMP) and Immokalee Area Master Plan Element (LAMP) and the Collier County Land Development Code (LDC) in effect at the time that the SBR Letters of Compliance are requested will determine the land use categories and zoning districts that permit or prohibit Educational Plants and Ancillary Plants within Collier County. A. Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District of the FLUE of the GMP adopted on June 19, 2002, Collier County will initiate and consider at duly advertised public hearings, amendments to the FLUE, GGAMP, and IAMP, and the LDC, to allow all future Educational Plants and Ancillary Plants in zoning districts as follows: I'. (1) Ancillary Plants will be permitted by right in the General Commercial (C-4); Heavy Commercial (C -5); and Industrial (I) Zoning Districts. (2) Ancillary Plants will be prohibited in the RSF -1 through RSF -6; Residential Single Family; Mobile Home (MI -I); Travel Trailer - Recreational Vehicle Campground (TTRVC); Golf Course (GC); and Conservation (CON) Zoning Districts. (3) Ancillary Plants will be permitted by conditional use approval in all other Zoning Districts. (4) Educational Plants will be prohibited in Residential Tourist (RT); Golf Course (GC); Conservation (CON); Travel Trailer- Recreational Vehicle Campground (TTRVC); Business Park (BP); and Industrial (I) Zoning Districts. (5) Educational plants will be permitted by right in all other zoning districts. Provided further, however, that for a high school facility to be located in any residential zoning district (RSF VR, Village Residential) or any residential component of a PUD, a formal Compatibility Review and determination will be required pursuant to Section 5(B) of this Agreement. In the event that the County denies an application based on the Compatibility Review, the School District may request an appeal to the Board of County Commissioners (BCC) as outlined in Section 7 of this Agreement. B. The parties recognize that Planned Unit Development (PUD) zoning is prevalent in Collier County, and as such, Educational Plants and Ancillary Plants as defined in Section 2 of this Agreement, are permitted uses in PUD designations if specifically set forth in the PUD Document and approved by the BCC as a permitted principal use. To assist in increasing the number of PUDs that may permit Educational Plants and Ancillary Plants, Collier County will, during review of each PUD subject to the sunsetting provision of Section 2.7.3.4 of the LDC, consider the appropriateness, in cbnjunction with the School Board, of adding Educational Plants and Ancillary Plants as a permitted use in the PUD. The County will consider the School Board's input in determining whether an Educational Plant or Ancillary Plant should be included as a permitted principal use within any new PUD, during the PUD rezone application process. Furthermore, Collier County will initiate and consider amendments to the LDC at duly advertised public hearings that will limit the review of any such PUD amendment for the sole purpose of adding Educational Plants and Ancillary Plants, to the review of the Plant facilities only and the impacts associated with those added uses without further right by the County to review other issues or change other sections of the PUD Document. rd C. Educational Plants or Ancillary Plants, whether permitted as a principal use within a PUD or in a conventional zoning district or by way of conditional use approval, will be subject to the SBR process pursuant to Sections 5 and 6 of this Agreement. D. Existing Educational Plants and Ancillary Plants. (1) Existing Educational Plants and Ancillary Plants shall be deemed consistent with the FLUE, GGAMP or LA-N2, as applicable. All existing, developed Educational Plant and Ancillary Plant sites, inclusive of the four Educational Plants under construction at time of this Agreement (Site E: Sabal Palm, Golden Gate Intermediate Center - South, Golden Gate Intermediate Center - North, and Golden Gate High School) will be identified on the Future Land Use Map (FLUM) or Map Series to be adopted as part of the FLUE, at the initiation of Collier County, at its expense. The addition of these sites on the FLUM is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, or to proceed with the construction of any facilities. (a) On -site expansions shall be subject to the procedures established in Section 6.G.(2) of this Agreement. (b) Expansions beyond the boundaries of the existing sites as demonstrated by the legal description shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. E. Existing Undeveloped Sites Acquired by the School District for Educational Plants. (1) In order to meet fixture needs and maximize the use of the public's tax dollars and to comply with the legislative mandate to plan for future schools, the School Board has acquired a number of sites for future Educational Plants and Ancillary Plants. With the exception -as noted in subsections (o), (p) and (q) below, for the three sites in the Rural Fringe Area, these sites have been determined to be consistent with the locational criteria of the GMP only and GMP amendments will be proposed to include these sites on the FLUM. Once iocational consistency has been determined for the sites delineated in subsections (o), (p) and (q) below, GMP amendments will be proposed to include these sites on the FLUM. The sites are as follows: (a) Intermediate Center South -444 Terrace S.W., proposed elementary school; (b) Intermediate Center North -50th Terrace S.W., proposed elementary school; 5 (c) Intermediate Center on Hunter Blvd., proposed elementary school; (d) School Site G — Golden Gate Commerce Park PUD, proposed elementary school; (e) School Site I — future E/W Livingston Road, proposed elementary/middle school; M School Site M — Lely Resort PUD, proposed elementary/middle school; (g) Livingston Road School Site, East side of Livingston Road, proposed elementary/middle school; (h) Rattlesnake Hammock Road Site — adjacent to South County bus compound, proposed transportation facility (i) School Site BB — west side. of Livingston Road, proposed middle school; (j) School Site E — 18d' Avenue N.E., proposed elementary/middle school; (k) School Site F — SW corner of Everglades Blvd. and 60"' Avenue N.E., proposed elementary/middle school; (?) School Site J — N.W. corner of Everglades Blvd. and 12'h Avenue S.E., proposed elementary/middle school; (m) School Site EE — 18t` Avenue N.E., proposed elementary/middle school; (n) School Site BBB — Oil Well Road, Orange Tree PUD, proposed elementary/ middle/high school or transportation facility; (o) School Site H and CC — Blue Sage Drive, proposed elementary/middle school (see subsection 3. E: (2) below); (p) School Site L and EEE — north of 13"' Street N.W. proposed elementary/ middle/high school and transportation facility (see subsection 3.E.(2) below); (q) School Site DD and DDD — south of 20th Street S.E., proposed elementary/middle/high school (see subsection 3.E.(2) below); 0 84 (r) h=okalee School Site — north side of Lake Trafford Road, proposed elementary/middle schools; and (s) Immokalee Maintenance and Transportation Satellite — State Road 29, proposed transportation facility. (2) Sites delineated in Subsections 3.E.(1) (o), (p), and (q) of this Agreement are within the Rural Fringe Area, an area subject to the Final Order No. AC -99 -002 issued June 22, 1999, by the Governor and Cabinet of the State of Florida sitting as the Administration Commission. Pursuant to the Final Order, amendments to the GMP were adopted on June 19, 2002, including the Rural Fringe Mixed Use District. These amendments were subsequently found to be "in compliance" by the Florida Department of Community Affairs, but two challenges were filed to that compliance finding. Accordingly, those amendments are not yet in effect. This affects the consistency determination for those three sites. Also, the sites delineated in subsection 3.E.(1)(o) of this Agreement, designated Rural Fringe Neutral Lands, are in an area that is subject to a specific requirement for performance of a Red - cockaded Woodpecker Study. The results of that study could lead to a GMP amendment to change the land use designation, thereby affecting the consistency determination for those sites. Furthermore, sites delineated in subsection 3.E.(1)(q) of this Agreement are partially within the Rural Fringe Neutral Lands and partially in the Rural Fringe Sending Lands. The Sending Lands designation provides for submittal of environmental data to demonstrate the appropriateness of a land use designation change. This could potentially result in a land use designation change for the Sending Lands thereby affecting the consistency determination for those sites. (3) The parties acknowledge that due to the changes in the population figures and legislation, certain of the above sites may be designated for other purposes if consistent with all elements of the GMP, and applicable portions of the LDC as set forth in this Agreement, in effect at the time a SBR Letter of Compliance is requested. (4) If consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, and not within a PUD, or within a PUD that allows Educational Plants as a permitted principal use, then the Educational Plant shall be allowed as a matter of right. All such sites will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. For sites within the Rural Fringe Area designated as Neutral Lands, the .site area and school size shall be subject to 7 the General Education Facilities Report submitted annually by the School Board to the BCC. All such sites must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (5) If consistent with the locational criteria in the FLUE, GGAMP or LAMP, as applicable, but within a PUD that does not allow Educational Plants as a permitted principal use, then the Educational Plant shall only be allowed if an amendment to the PUD is adopted by the BCC at a duly advertised public hearing to make the Educational Plant a permitted principal use. Such a PUD amendment shall be initiated by the Collier County School Board at its expense. (6) For part of the sites delineated in Subsection E.(1)(q) above which is in the Sending Area of the Rural Fringe which is not consistent with the locational criteria in the FLUE, GGAMP or LAMP, or for the sites delineated in Subsections E.(1)(o), (p) and (q) of this Agreement in the Rural Fringe area whose consistency with the locational criteria changes based upon Subsection E.(2) of this Agreement, as applicable, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such a site consistent with the locational criteria. Such a GMT amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, any such site must be located within a zoning district that allows the Educational Plant as a permitted principal use. Otherwise, a rezone petition must be filed and approved by the BCC at a duly advertised public hearing and remain valid in order for the use to be allowed as a matter of right. - The filing and expense of any necessary rezone petition shall be the responsibility of the Collier County School Board. (7) Any future expansions beyond the boundaries of the existing Educational Plant sites, as demonstrated by the legal, description, shall be subject to the Consistency Review and SBR process set forth in Sections 4, 5 and 6 of this Agreement. (8) For any GMP amendment which is initiated to add the sites to the FLUM or Map Series, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. F. Existing Undeveloped Sites Acquired by the School District for Ancillary Plants. (1) If consistent with the locational criteria in the FLUE, GGAMP or LAMP, as applicable, and within a zoning district that allows the Ancillary Plant as a permitted principal use, then the Ancillary Plant shall be allowed as a matter of right. All such sites will be IFOO� identified on the FLUM or Map Series 'to be adopted as part of the FLUE, at the initiation of Collier County at its expense. (2) The sites delineated in Subsections 3.E.(1) (h), (n) and (p), of this Agreement, are consistent with the locational criteria in the FLUE, GGAMP or LA-MP, as applicable, but not within a zoning district that allows the Ancillary Plant as a permitted principal use, and those plants shall only be allowed if a rezone petition, or a conditional use petition, as applicable, is filed at the initiation of the Collier County School Board at its expense, and is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Ancillary Plant as a permitted principal or conditional use, and such rezone or conditional use approval remains valid. Sites delineated in Subsections 3.E.1(h) and (n) of this Agreement will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. The sites delineated in Subsection 3.E.(1)(p) of this Agreement are in the Rural Fringe Area, as noted and discussed in Subsection 3.E.(2) of this Agreement. Once locational consistency has been determined for the sites delineated in Subsection 3.E.(1)(p), a GMP amendment will be proposed to include the sites on the FLUM or Map Series, at Collier County's expense. (3) Sites delineated in Subsection 3.E.(1)(p) of this Agreement may not be consistent with the locational criteria of the FLUE, GGAMP or IAMP, as applicable, pursuant to the Rural Fringe issues detailed in Subsection 3.E.(2) of this Agreement. Should this site become inconsistent, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such site consistent with the locational criteria. Additionally, this site must also be located within a zoning district that allows the Ancillary Plant as a permitted principal use, otherwise a rezone petition, or conditional use petition, as applicable, must be filed and approved by the BCC or BZA at a duly advertised public hearing. The approval must remain valid in order for the .use to be allowed as a matter of right. The filing and expense of any necessary rezone or conditional use petition shall be the responsibility of the Collier County School Board. Subsequent to the amendment to the appropriate Element becoming effective, Collier County will, at its expense, initiate an amendment to the Future Land Use Map or Map Series to add the site. (4) The parties acknowledge that due to the change in the population figures and legislation, certain of the sites listed in Subsection 3.E.(1) of this Agreement may be designated for other purposes if consistent with all elements of the GMP, and the applicable W UM Portions of the LDC as set forth in this Agreement, in effect at the time that a SBR Letter of Compliance is requested. (5) Any future expansions beyond the boundaries of the existing Ancillary Plant sites as demonstrated by the legal description, shall be subject to the Consistency Review and the SBR process ' as set forth in Sections 5 and 6 of this Agreement. (6) For any GNP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. G. Future Sites for Educational and Ancillary Plants. (1) If consistent with the locational criteria of the FLUE, GGAMP or LAMP of the GMP, as applicable, and within a zoning district that allows the Educational or Ancillary Plant as a permitted principal use, then the plant shall be allow_ ed as a matter of right. Once acquired, the site will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. (2) If consistent with the locational criteria in the FLUE, GGAMP or LAMP, as applicable, but within a PUD that does not allow Educational Plants or Ancillary Plants as a permitted principal use, then the Educational or Ancillary Plant, as applicable, shall only be allowed if an amendment to the PUD to make the Plant a Permitted principal use, at the initiation of the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hearing. Subsequent to acquisition by the Collier County School Board, Collier County will, at its expense, initiate an amendment to the FLUM or Map Series to add the site. (3) If consistent with the locational criteria of the FLUE, GGAMP or LAMP, as applicable, and not within a PUD, but within a zoning district that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if a rezone petition or conditional use petition, as applicable, is filed, at the initiation of the Collier County School Board at its expense, and such amendment or conditional use, as applicable, is approved by the BCC or BZA at a duly advertised public hearing to make the Educational or Ancillary Plant a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. Subsequent to acquisition by the Collier County School Board, Collier County will, at its expense, initiate an amendment to the FLUM or Map Series to add the site. 10 a 0 .- (4) If not consistent with the locational" criteria of the FLUE, GGANP or IAMP, as applicable, and within a PUD that does not allow Educational or Ancillary Plants as a permitted principal use, then the plant shall only be allowed if an amendment to the appropriate Element to make such site consistent with the locational criteria is filed, at the initiation of the Collier County School Board at its expense, and is approved by the BCC and becomes effective. Such a GMT amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the plant shall only be allowed if an amendment to the PUD, initiated by the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. (5) If not consistent with the locational criteria in the FLUE, GGAMP or LAMP, as applicable, not within a PUD, and in a zoning district that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if an amendment is filed, at the initiation of the Collier County School Board at its expense to the appropriate GMP Element so as to make such a site consistent with the locational criteria of same, and- such amendment must be approved by the BCC at a duly advertised public hearing and thereafter become legally effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the Plant shall only be allowed if a rezone petition or conditional use petition, as applicable, initiated by the Collier County School Board at its expense, is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. (6) Any future expansions beyond the boundaries of the Educational or Ancillary Plant -site as demonstrated by the legal description, shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. (7) For any GNP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. (8) It is understood, pursuant to Section 3A of this Agreement, that conditional use petitions will not be required for an Educational Plant. 11 H. All proposed development to take place on all existing, proposed and future sites for Educational Plants . and Ancillary Plants must be consistent with each and every other applicable Element of the GMP. 4. The following process will be followed with respect to future Educational Plant' and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GAP will be reviewed during the SBR process. A. Consistency Review: The Consistency Review will be conducted as follows: (1) Prior to the purchase of a site for an Educational Plant or Ancillary Plant, the School District will request a pre - application meeting with the County. (2) The County will schedule a pre - application meeting with the School District within three (3) weeks of a request being submitted to the County. (3) The County will review the proposed site for consistency with the FLUE, GGAMP, IANIP, as well as the LDC and fundamental planning and design principles including compatibility with surrounding uses, complementary pattern of development, landscaping and buffering concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on -site and off -site negative impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GAP will be determined during the SBR Review process. The following additional information will be submitted to determine major issues that may affect site feasibility: - (a) Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and. date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property. (b) Future Land Use Designation A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each Iand use designation. 12 (c) Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. (d) Growth Management. Identification of any Area of Critical State Concern and Development of Regional Impact. (e) Timing and Impact of Development. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identification of the year. (f) Public Facilities and Transportation. The School Board will indicate the proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public facilities that will serve the proposed site. (g) The School Board will identify any flood zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. (4) Within 45 days of the submission of the information outlined in Section 4.A(3) of this Agreement, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on- site and off -site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this locational Consistency Review. (5) Letter of Consistency: After the County review, the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the County's determination of consistency as required by Section 1013.33(11) Florida Statutes. (6) After the County has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School 13 •1 MUM District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. (7) After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GAP, the County and School District will enter into a written agreement as part of the pre- application process detailed in Section 6 (D)(2) of this Agreement, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. 5. SCHOOL BOARD REVIEW The County will conduct an expedited site plan review for all Educational Plants and Ancillary Plants to ensure compliance and/or consistency with the GMT, fundamental planning and design principles, compatibility with surrounding uses, complementary pattern of development, configuration of the traffic circulation systems, consideration of natural resources and mitigation of negative impacts, as follows: A. Collier County Utilities Standards and Procedures, Ordinance No. 01 -57, as amended. (1) In accordance with Ordinance No. 01 -57, that portion of the water and/or wastewater system that lies in the public rights -of- way or in County utility easements (CUE) shall be conveyed to the Collier County Water /Sewer District, prior to the issuance of the Certificate of Occupancy. (2) All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. (3) Division 3.16 of the LDC designed to protect local government water supply wellfields from land uses that may pollute shall apply. (4) Off -site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. (5) The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. (6) South Florida Water Management District (SFWMD) Permits shall be submitted prior to the issuance of an SBR approval. 14 ,J B. Compatibility Review. The County will conduct a Compatibility Review which will take into account the Architectural and Site Design Standards contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. In addition, the Utility Billing and Customer Service (UBCS) Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this Compatibility Review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in Section 7 of this Agreement in .the event that the County denies the application based on non - compliance with the items listed in this paragraph. C. Landscaping and Buffering. Division 2.4 of the LDC in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the LDC allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. hi the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The administrative deviations shall be requested in the format set forth in Section 2.8.2.5 of the LDC. D. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (1) On a site by sife basis, County staff will determine the necessity for an Environmental Impact Statement (EIS) to be submitted. (2) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. (3) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with Collier County's LDC and GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) agency permits. 15 • ,1 (4) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/ wetlands preserve or protected species preserves. (5) The GMP requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. (6) An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. (7) All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. E. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including but not limited to fire flow requirements and fire sprinkler requirements. F. Collier County Stormwater Management Policies as follows: (1) A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. (2) SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. (3) Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. (4) If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. 16 r G. Public Educational Plants and Ancillary Plants 'are deemed to be essential .public services and as such are subject to a Capital Improvement Element (CIE) review for a public facility adequacy analysis. H. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. I. Off -Site Impacts - In accordance with Section 6 of the InterlocaI Agreement for Public School Facility Planning, the School District and Collier County will jointly determine the need for, and timing of, on -site and off -site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and LDC, and will enter into a written agreement at the preapplication stage pursuant to Section 6.D.(2) of this Agreement, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: (1) The School District shall be responsible for off -site improvements that are determined to be necessary to mitigate the off -site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off -site improvements necessitated by the Educational Plant or Ancillary Plant. Off -site improvements include, but are not necessarily limited to, the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County - Transportation Services Division and the Public Utilities Division. (2) Turn Lanes - The School District shall be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improvement(s) determined by Collier County Transportation Staff shall be in place prior to the issuance of the first permanent Certificate of Occupancy. When said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), are determined to be necessary, right -of -way and/or compensating right -of -way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. All turn lane design criteria used shall be in accordance with the minimum 17 • standards as adopted by the Florida Department of Transportation (FDOT) Design Standards as required by Chapter 316, Florida Statutes. The turn lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. (3) Sidewalks — As part of the SBR process, the School Board and County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through the school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks. (4) The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s), will be determined based upon the percentage of usage and impact. (5) Any and all traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. (6) All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. (7) The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. 18 r. (8) Any off -site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with Collier County regulations. (9) In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to the improvements required to mitigate the off -site transportation impacts but only as they relate to such expansion. SCHOOL BOARD REVIEW PROCESS. The SBR for School Board projects shall be reviewed under the following expedited process: A. The SBR application will be reviewed only as to the criteria set forth in Section 5 of this Agreement. B. The SBR application submittal shall be in accordance with Section 3.3 of the LDC, but only as to those submittal requirements which are consistent with. the review criteria set forth in Section 5 of this Agreement. C. The Parties will develop a checklist that defines the items to be submitted for a SBR review application. D. Prior to commencing construction or site preparation, the School District shall request a pre - application meeting with the County. The County will schedule a pre - application meeting with the School District within three (3) weeks of a request being submitted to the County. (1) The County will review the development proposal for compliance with the Letter of Consistency required in Section 4.A of this Agreement. (2) The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required offsite improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement. E. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. (1) The County shall have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. 19 • (2) Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and School District. Once an affirmative determination has been rendered, the School District may obtain building permits and commence construction. (3) Failure by the County to issue a Letter of Compliance within 90 days after determining the application package sufficient for review shall be considered an approval. However, if within 90 days, the County denies the application based on non- compliance with the relevant standards of this Agreement, the SBR shall be considered denied and the School District shall be authorized to pursue an appeal. F. Letter of Compliance: After the expedited review and the County's determination of compliance with the terms of this Interlocal Agreement, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this Agreement, the Planning Services Director shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in Section 7 of this Agreement. G. The parties agree that the School District shall not request reviews and that County review is not requested or required for: (1) The placement of temporary or portable classroom facilities; or (2) Proposed renovation or construction on existing school sites, with the exception of construction that: (a) changes the primary use of a facility, (b) includes a stadium, (c) results in a greater that five percent (5 %) increase in K- 12 student capacity, or (d) encroaches upon the established setbacks as set forth in this Agreement H. Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant, to Rule 4A -58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to j concurrency issues related to water and sewer capacity and to the proper 20 sizing of water meters and grease traps. Tqb 'other reviews will be required for temporary or portable classroom facilities. I. SBR and Consistency Review Fees: The County will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. 7. APPEAL: In the event that the County denies the application based on non- compliance with relevant standards of this Agreement, or in the event the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of this Agreement, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. A request for appeal shall be filed in writing with the Planning Services Director. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. The BCC shall hold an advertised public hearing on the appeal and shall consider the decision of the Planning Services Director, the position of the School District and public testimony. In the event that the BCC upholds the decision of the Planning Services Director, the School District shall then be authorized to pursue any legally available action or remedy to resolve this matter. In the event that the BCC upholds the position of the School District, the BCC shall direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. S. The County will initiate an amendment to the Land Development Code to exempt Ancillary Plant conditional use approvals from expiration, as long as the Plant is listed on the School Board Capital Outlay Plan from the time the conditional use is granted until the property is developed. 9. Any GMP amendments that the County is required to consider pursuant to this Agreement shall be initiated in the next available amendment cycle. Any LDC amendment that the County is required to consider pursuant to this Agreement shall be initiated in the third LDC amendment cycle in 2003. Exceptions to this time line are for sites that may be impacted by the Rural Fringe GNP amendments, as noted in subsection 3.E.(2) of this Agreement, and FLUM or Map Series amendments for sites yet to be acquired by the School Board. 10. As set forth in the preamble to this Agreement, the purpose of this Interlocal Agreement is to meet the intent and requirements of Section 1013.33, Florida Statutes. In the event that Section 1013.33, Florida Statutes, is amended or repealed to delete or exempt the coordination of public educational facilities construction with local government comprehensive plans and implementing land development regulations, then notwithstanding the term of this Agreement set forth below, this Agreement shall become null and void. 11. This Agreement replaces and supercedes the 1996 Interlocal agreement defined herein. With such replacement, it is understood and agreed by the parties that the School Board has agreed to replace the 1996 Interlocal Agreement process with 21 �p the expedited and abbreviated Consistency Review and SBR`process based upon the good faith representations of the County in pursuing and implementing the GMP amendments and the LDC amendments contemplated in this Agreement. 12. Should any GMT amendment or LDC amendment required to be initiated under this Agreement fail to obtain the required approval by the BCC, then the parties shall renegotiate the provisions related to the failed amendment. The renegotiation of such amendment only affects the validity of that portion of the agreement related to the failed amendment, and the remainder of the Agreement remains in full force and effect. 13. Between the effective date of this Agreement and the effective date of any GNP amendments or implementing LDC amendments that are not dependent upon the adoption of the GMP Amendments, any of which are required to be initiated or considered by the County under this Agreement, the provisions of this Agreement shall control, to the extent that the Agreement is not inconsistent with the current GMP. The parties understand that this provision's intent is to follow the procedures set forth in this Agreement, such as the consistency review process, the School Board Review process, and the determination of zoning based on the Agreement so long as the property is deemed an allowable use in the GNP, regardless of the current LDC provisions, except as limited by the PUD provisions of this Agreement. This provision is supported by the zoning in progress rule as set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). 14. The term of this Agreement shall be for a period of six years; provided, however, both parties agree that this Agreement shall be reviewed and, if necessary, updated every two (2) years. 15. This Agreement may be executed in any number of counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument and be the Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials on the dates set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DWIG14 O > By. y By., TOM HENNING, C Date: Ma Vi O(7 (: ow 22 Approved as to form and legal sufficiency: ADvildrWeizgel, Coun4 Attorney ATTEST: By: - r - z Dr. H. Be a in / Marlin, Superintendent Date: 5/ / Marlin, 404765_1 COLLIER COUNTY SCHOOL BOARD By: I a Abbott, Chair Date: 23 MARINA SITING CRITER,,,,.A8 LEGEND 0 Adequate Depth Native Habitat (> d ft MLW) MARINA SITING LEGEND � Adequate Depth (> 4 ft MLW) D�� A S!S 1� US 41 NAPLES NAPLE$r' BAY CRITERIABA (5� Native Habitat 0 Lam_`_ GORDON RIVER :u tir -� I30L.LAR SAY E.E K NALDERMAWN £ CREE :N":7 US 41 MARINA SITING CRITERIA LEGEND Adequate Depth (5� Native Habitat (> 4 ft MLW) UPPER CLAM MAY INNER CUM MAY C LAS PASS OUTER CLAW 8AY VENETIAN w SAY DOCTORS PASS MOORINGS BAY US 41 PINE R1 ROAD _ MARINA SITING CRITERIA 8A LEGEND Adequate Depth (: a rr u,Lw) E� Native Habitat US 41 SR 951 • t ` L a ME tip_► �� i + � w ' � ♦ r Exhibit "A" ORDINANCE NO. 2000- gam_ 0 • AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9. ENFORCEMENT; ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF - STREET PARKING AND LOADING; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DOCK FACILITY, FLOOR AREA RATIO AND COMMERCIAL EQUIPMENT; APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and U WHEREAS, the LDC may not be amended more than two times in each calen4kTyeiputt to A Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91 -102, comma' g�ia c ndar year 2000; and m CO a WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on May 31, 2000 and June 14, 2000, and did take action concerning these amendments to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. Words fiW&Gk4hFau0 are deleted, words underlined are added. r 1 a A SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et gN., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act "), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163 - 3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP ") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et q. Fla. Stat., and Rule 9J -5, F.A.C. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. Words stmele dmugh are deleted, words Wd= erlined are added. 2 2.2.23.3.5. Future'uses. Except as specifically provided herein, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created except in compliance with these the requirements of these APOs. 2.2.23.3.6. Existing uses. No building permit shall be granted that would allow the establishment or creation fer [e€] of an airport hazard or permit a nonconforming use or structure to be made or become higher, or to become a greater hazard to air navigation than it was on the initial effective date of this sestien Section 2.2.23. 2.2.23.4. Naples Municipal Airport noise zones, land use restrictions, sound level requirements (SLR) for buildings or structures, and SLR design requirements. 2.2.23.4.1. Purpose. The purpose of this section (2.2.23) is to establish standards for land use and for sound level reduction requirements with respect to exterior noise resulting from the legal and normal operations at the airports within Collier County. This section establishes noise sur-fames zones of differing intensities and land use in the vicinity of the Naples Municipal Airport, as identified in the most recent Naples Airport FAA Part 150 Study; establishes permitted land uses in the noise suf€aees; zones; establishes soundproofing requirements for residential development within the noise suf€aees- zones; and establishes notification procedures to prospective purchasers of real estate within the noise zones. 2.2.23.4.2. Airport noise zones. Noise zones. In addition to the prior three noise zones, there is There a;re hereby created and established these a fourth noise zones D; There are now noise zones A, zeee B, And ;-,Pee C. and D. Such zones are shown on the Naples Airport noise zone map(s) which are incorporated and made a part herein and are described in section 2.2.23.4.2.2 below. The noise zones contained herein are based on a projection of future noise aircraft flight operations at the Naples Municipal Airport. The purpose of these noise zones is to define and set forth specific regulations for all properties within the described areas 2. Noise zone boundaries. C. Zone C. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone B and extending outward therefrom to the Paghe>mest boundary indicated on the noise zone map as "D ". The outer contour of noise zone C approximates a noise level of 65 Ldn. aft44s -her d. Zone D. This new noise zone commences at the boundary indicated on the noise zone map as the outer boundary of noise zone C and extending outward therefrom to the furthermost boundary indicated on the noise zone map. The outer contour of noise zone D approximates a noise level of 60 Ldn and is the Naples Airport noise zone (This area is referenced in the 1996 Naples Airport FAA Part 150 Study). Application. a. Where boundaries of a described noise zone are shown to extend over a portion, but not all of a platted lot or un- subdivided property, the owner or owners of the entire property will be notified of potential noise impact in accordance with section 2.2.23.5. Words slmelcFeug# are deleted, words underlined are added. 21 lu. APPENDIX III. ACTIVITIES AND /OR LAND USES GUIDANCE CHART WITH SOUNDPROOFING REQUIREMENTS (SEE SECTION 2,2.23) :7s Ldi3 44—q&4An ate- e identified , f me-Fle f 3s 30 of 25 l S, Land . Use Noise Zones A B D 75 Ldn 75 -70 Ldn 70 -65 Ldn 65 — 60 Ldn RESIDENTIAL Single—Units detached NR SLR-30 SLR-25 SLR -25 Townhouses— Attached Du ex Mobile homes NR SLR-3 SLR -25 SLR -25 Multifamily NR SLR -30 SLR-25 SLR -25 Words ateugh are deleted, words underlincd are added. 71 CF.. Motels— Residential NR SLR -30 SLR -25 SLR -25 Motels — Tourist NR SLR -30 SLR -25 SLR -25 Other residential NR SLR -30 SLR -25 SLR -25 NR Not recommended, the land use is not compatible within the identified noise zone. However, if the applicant chooses to develop within the identified noise zone, a sound level reduction (SLR) of 35 must be incorporated into the design and construction of the structure. SLR Sound level reduction. 35.30,o The land use is eenerally compatible, however, a sound level reduction (SLR)of 25 35.30 or 25 must be incorporated into the design and construction of the structure. Permitted No sound level requirement required. Note: This table is a general guide. The responsibility for determining the acceptability and permissible land uses remains with the authority of the board of county commissioners. All other land uses not specified above shall be permitted in the noise zones pursuant to the applicable zoning district and shall not be required to meet SLR requirements. Words sWie eugh are deleted, words underlined are added. 72 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 2000 -43--1 0 Which was approved by the Board of County Commissiqftgrsin U� �' J the 14th day of June, 2000, during Special Session. o c' `•n WITNESS my hand and the official seal of the Board r-M c,a co'" County Commissioners of Collier County, Florida, this 16th day of June, 2000. DWIGHT E. BROCK Clerk of Courts .ant1 ,Clerk Ex- officio to Bda'rd of County Commissioners'-'- By: Ka en Sch Ch Deputy Clerl� •, >> "" g �� 17 July 2003 �Q CITY OF NAPLES AIRPORT AUTHORITY 160 AVIATION DRIVE NORTH - NAPLES, FLORIDA 34104 -3568 13:� ADNE[NISTRAl'ION (ia) 643 -0733/ PAX 6434084 OPERATIONS 643- 0404/]FAX 643 -1791, E -MAIL, administradon@DYnaples.com Mr. Joseph Schmitt, Division Administrator Collier County Cornrnunity Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104) Dear Mr. Schrritt``: 6.1 As you are aware, in accordance with FAR Part 150, the airport updated its current and future noise exposure maps. The most current maps are dated 2000/2005. Copies of the revised exposure maps, depicting the 60 Ldn noise contours have previously been sent to County Staff for updates to the Collier County Land Development Code (LDC). The last update made to the LDC was in 2000. At that time staff had not yet received FAA approval of the 2000/2005 noise contours, therefore the noise contour adopted in Ordinance 2000 -43 was for the years 1998 /2003 and included Stage 2 aircraft operations. The Airport Authority is now formally requesting that an amendment, to the County's LDC Section 2.2.23 Appendix E — Airport Noise Zone Map, be made in the next Amendment Cycle. As you can tell by the new 2005 noise contour map, the noise zones have substantially been reduced due to the reduction of Stage 2 operations and other noise abatement measures implemented_. This is the same noise contour map that the City of Naples recently adopted. Acceptance of noise exposure maps does not constitute an FAA determination that any specific parcel of land lies within a particular noise contour. Responsibility for interpretation of the effects of noise contours upon sub- adjacent land uses, including the relationship between noise contours and specific properties, rests with the sponsor, with the state, or in our case, the local governments. We will prepare a map on CD —Rom and transmit it to your graphics department. If you need additional maps, or if you have further questions, please feel free to contact me at 239- 643 -0733. Sincerely, Theodore D. Soliday Executive Director Cc: Timothy Billings, Chief Graphics Technician w /CD NAPLES MUNICIPAL AIRPORT Pn,..a «, R.cyaea Papa. Me Best tiff Airpoir in fhe Counf py 1 zo TOTAL P.03 r8 A ORDINANCE NO. 03- 67 AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTER PLAN, THE RECREATION AND OPEN SPACE ELEMENT, THE IMMOKALEE AREA MASTER PLAN; THE INTERGOVERNMENTAL COORDINATON ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, THE TRANSPORTATION ELEMENT, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND THE ADDITION OF AN ECONOMIC ELEMEMT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, staff initiated amendments to the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting sites of existing and future school and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying what zoning districts allow or prohibit school and school support facilities; and WHEREAS, staff initiated amendments to the Future Land Use Map (FLUM) Series to add new maps depicting sites containing existing school and school support facilities, and depicting undeveloped sites for future school and school support facilities. WHEREAS, staff initiated amending the Intergovernmental Coordination Element (ICE) to reflect the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; and WHEREAS, staff initiated amendments to the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners, and to cross - reference the FLUE and ICE policies and FLUM Series; and WHEREAS, staff initiated text amendments to the Goals, Objectives and Policies of the Future Land Use Element and the Recreation and Open Space Element to incorporate the Community Character /Smart Growth principles adopted by the Community Character /Smart Growth Advisory Committee; and I RA WHEREAS, staff initiated amendments to the Goals, Objectives and Policies of both the County's Conservation and Coastal Management Element and the Future Land Use Element to incorporate the County Manatee Protection Plan; and WHEREAS, staff initiated the adoption of the Goals, Objectives and Policies of a new Economic Development Element to the Growth Management Plan; and WHEREAS, staff initiated amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element (FLUE) to revise Transportation Concurrency Management policies to establish real time checkbook concurrency; to establish two (2) Transportation Concurrency Management Areas (TCMAs), and to adopt a Map of Proposed TCMAs within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fairshare developer contributions to the multimodal transportation work program of a TCMA when directly impacting a deficient road segment within the TCMA; and WHEREAS, staff initiated amendments to the Future Land Use Element Airport Noise Area Overlay, and the Future Land Use Map to bring into compliance noise contour changes approved by the Board of County Commissioners on June 14, 2000 by Ordinance No. 2000 -43; and WHEREAS, Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on August 11, 2003; and WHEREAS, the Department of Community Affairs did review the amendments to the Future Land Use Element, the Future Land Use Map and Map Series, the Golden Gate Area Master Plan, the Recreation and Open Space Element, the Immokalee Area Master Plan, the Intergovernmental Coordination Element, the Capital Improvement Element, the Transportation Element, the Conservation and Coastal Management Element; and the Economic Element to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Future Land Use Element, Future Land Use Map and Map Series, amendments to the Growth Management Plan on December 16, 2003; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on December 4, 2003, and the Collier County Board of County Commissioners held on December 16, 2003; and WHEREAS, all applicable substantive and procedural requirements of law have been met. 2 1" 8 A ' "' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Future Land Use Map and Map Series, the Immokalee Area Master Plan, the Golden Gate Area Master Plan Element, the Transportation Element, the Recreation and Open Space Element, the Intergovernmental Coordination Element, the Capital Improvement Element, the Coastal and Conservation Management Element, and the new Economic Element, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this fbday of h�rnbC' , 2003. q.�Tt =ST•:� • • . �^ n OWIGHT E.'PRb K, Clerk 1t as raw -$ sigadtli et'Wy. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ly, - " - TOM H NG Chairman Approved as to form and legal suffiency: `T7 11 VO�I /1A Al 1 - 4.t/ a MARJO IE M. STUDENT � Assistant County Attorney Adoption Ordinance CPSP- 2003 -4, CPSP- 2003 -5, CPSP- 2003 -6, CPSP- 2003 -7, CPSP- 2003 -8, CPSP- 2003 -9 3 8 A 11* ". i4i Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP SERIES GOLDEN GATE AREA MASTER PLAN ELEMENT IMMOKALEE AREA MASTER PLAN ELEMENT INTERGOVERNMENTAL COORDINATION ELEMENT CPSP- 2003 -4 #1. FUTURE LAND USE ELEMENT New Policy 5.14 Policy 5.14: Public educational plants and ancillary plants: a. Existinq public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on -site facilities including sports stadiums gymnasiums and recreation areas) and ancillary Plants (support facilities including administrative offices, transportation facilities, maintenance yards and bus barns) are depicted on the Future Land Use Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document Expansion of these educational plants and ancillary plants on these existing sites as well as expansions to the sites themselves, are subject to the provisions outlined in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 Florida Statutes, on May 15, 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. b. Existinq sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. Most of these sites are consistent with locational criteria in the FLUE GGAMP or TAMP as applicable and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series. As consistency is achieved for the remaining sites via future Growth Management Plan amendments and /or zoning amendments and /or conditional use approvals these sites will be added to the Future Land Use Map Series. Development of the mapped sites shall be subject to the provisions of the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes on Mav 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted C. Existinq sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development, sites contain no existing ancillary plants. Most of these sites are consistent with locational criteria in the FLUE, GGAMP, or TAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series As consistency is achieved for the remaining sites, via future GMP amendments and/or zoning amendments and /or conditional use approvals, these sites will be added to the Future Land Use Map Words s thFaugh are deleted; words underlined are added. intenocai Agreements agopted in accordance with Sections 163.3177(6)(h) and 163 31777 Florida Statutes, on May 15, 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted. d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP or IAMP as applicable and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series as Provided for in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, Florida Statutes on May 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners Future development of these sites will be subject to the provisions of the two Interlocal Agreements and subject to the implementing land development regulations to be adopted Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban Designated Area of the Future Land Use Element of the Growth Management Plan notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition ^2) for sites not located within the Urban Designated Area of the FLUE of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition At the public hearing to consider the land acquisition, all public commentary received as a result of these notices will be provided to the Collier County School Board. e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19 2002 or the Rural Lands Stewardship Area Overlay adopted on October 22 2002 all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT) Golf Course (GC) Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC) Business Park (BP), and Industrial (1) zoning districts (2) Educational plants are permitted by right in all other zoning districts However, for a high school facility to be located in any residential zoning district or Estates (E) zoning district or residential component of a PUD a formal compatibility review and determination is required, as set forth in the Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777. Florida Statutes on May 15 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners f. Zoning district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19 2002 or the Rural Lands Stewardship Area Overlay adopted on October 22 2002 all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF -1 through RSF 6) Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC) Golf Course (GC), and Conservation (CON) zoning districts (2) Ancillary plants are permitted by right in the General Commercial (C -4) Heavy Commercial (C -5), and Industrial (1) zoning districts (3) Ancillary plants are permitted by conditional use approval in all other zoning districts Words stme-k threugh are deleted; words underlined are added. #2 FUTURE LAND USE ELEMENT Future Land Use Map Series List FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9, 5.10, 5.11) Natural Resources Wetlands Map Wellhead Protection Areas Bayshore /Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Existing Sites For Future Public Educational Plants and Ancillary Plants #3 FUTURE LAND USE MAP SERIES see two NEW Maps titled: "Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities)" and "Existing Sites For Future Public Educational Plants and Ancillary Plants" #4 GOLDEN GATE AREA MASTER PLAN ELEMENT New Policy 1.1.7 Policy 1.1.7: The sites containing existina public educational plants and ancillary plants and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary Plants, within the GGAMP area are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Aareements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 Florida Statutes on Mav 15 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners and subject to the implementing land development regulations to be adopted All future educational Plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. #5 IMMOKALEE AREA MASTER PLAN ELEMENT New Policy 11.1.7 Policy 1.1.7: The sites containina existina public educational plants and ancillary plants and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary Plants, within the IAMP area are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE. Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163 31777 Florida Statutes on May 15 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners and subject to the implementing land development reaulations to be adopted All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. Words stile tkeeglt are deleted; words underlined are added. 3 ,3 #6 INTERGOVERNMENTAL COORDINATION ELEMENT Revise Policy 1.2.6 Policy 1.2.6: The County shall continue to coordinate with the Collier County School Board on the site selection for new sslaeels public educational plants and ancillary Plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants ssheel fasilit+es in accordance with the two Interlocal Agreements adopted in accordance with Slam Sections 163.3177(6)(h) and 163.31777 Florida Statutes on May 15, 2003 by the Collier County School Board and on May 27 2003 by the Board of County Commissioners june 25, CPSP -03 -4 exhibit A Adoption per CCPC rec. G, Comp, Comp Plan Amendments, 2003 cycle GMP Am dw /12- 5- 03 -DCA Final/mk/12 -12 -03 Words s44c are deleted; words underlined are added. 4 Exhibit A BA EXISTING SITES FOR FUTURE PUBLIC IN1140KALEE ROAD EDUCATIONAL PLANTS AND ANCILLAR Y PLANTS COLLIER CO UNYY PUBLIC SCHOOLS SITE F -,-4 r .T SITE SITE - k 3B C i r f F LEE OUNTY - BBB r - 1_ RA+aAU. BLVD. -- SITE L EE T T -REACH � I I ! � 9 GOLDEN GA7E �j _ _ - �outtvARO = -pm ROAD = *WnF !awE A n - INTERMEDIATE - - -- __ CENTER ON HUNTER BLVD GOLDEN f 51T� OI7V RADK)R�Ip' ALLKig70R OF p NAPLES y �t - ALLEV ($.R M) —. _.. IN197STA7E -7b -- AIRPORT L I - JuTiL.EBmw 'RATTLESNAKE L ,IN1MK)CKR0AD HAMMOCK -- - ROAD SITE �sl SI E / yN' 2� LEGEND: • - EDUCATIONAL P'_ANT SITE = ANCILLARY PLANT S1 7E { . = EDUCATIONAL AND /OR = ANCILLARY PLANT SITE — = N IS- rNO SCALE 0 IMI. 2MI, J! M I. 4M I. 8 PREPARED BY. GRAPHICS AND TECHNICAL SUPPORT SEC-ION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 12/2003 FILE: ESFM- 2003.DWG ' Exhibit A EXISTING PUBLIC EDUCA77OXAL PLANTS (SCHOOLS) AND ANCILLARYPLAMS (SUPPORT FACILITIES) COLLIER COUNTYPUBLICSCHOOLS I� EE COUNTY l 8 RoW 28 78 - _ -. 02 N@L RMD _.. -; RAN(wA BLVD.----- - -r _} 35 CITY OF II NAPLES WE 9 � 37 j, 75 Oi CALUSA PARK 07 SEAGATE 13 NAP-ES PARK 19 SABA- PALM �2 OSC70LA © LAKE ?ARK 14 T0RRACE 20 BARRON COLLIER 36 GULF COAST 38 GOLDEN GATE S� NAPLES 37 LELV ,yg IMMOKALEE CENTERS NORTH �3 PELICAN PELICAN MARS1- �9 SHADOWLAWN 15 GOLDEN GATE 21 INTERMEDIATE BET, TUNE TE,H �4 VINEYARDS 10 AVALON 16 BIG CYPRESS 22 HIGHLANDS 05 LELY 11 MANATEE 17 LAUREL OAK 23 LAKE TRAFFORD 0 POINCIANA 12 TOMMIE 18 CORKSCREW 24 PINECREST BARFIELD 25 VILLAGE OAKS LEGEND: EXISTING MIDDLE SCHOOLS 26 OAKRIDGE 29 MANATEE 32 GOLDEN GATE 27 PINE RIDGE 30 EAST NAPLES 33 GULFVIEW 63 ADMIN STRATTON CENTER 28 CORKSCREW 31 IMMOKALEE 45 IMMOKALEE TRANSPORTATION FACILITY 46 LEGEND: EXIS77NG HIGH SCHOOLS 47 r +. BARRON COLLIER 36 GULF COAST 38 GOLDEN GATE S� NAPLES 37 LELV ,yg IMMOKALEE LEGEND: OTHER SCHOOLS BET, TUNE 41 WALKER INSTITUTE OF TECHNOLOGY EVERGLADES SCHOOL LEGEND: FACILITIES u- N EVERGLADES f MARCO' v� CI'Y - fSIcAN� M SCALE W e 0 1MIL 7MI. 3M1. 4M1 S t 5; PREPARED 8Y: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 12/2003 FILE: ESFM- 2003.DWG 43 ADMIN STRATTON CENTER 4q TRANSPORTATION FACILITY (BY BCHS) 45 IMMOKALEE TRANSPORTATION FACILITY 46 BUS BARN (C.R. -864) 47 FORMER ADMINISTRATION CENTER one I Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP RECREATION AND OPEN SPACE ELEMENT CPSP- 2003 -5 FUTURE LAND USE ELEMENT Urban - Mixed Use District 7. NeighbGFheed Design Residential Mixed Use Neighborhood Subdistrict [page 25] The purpose of this pFevis OR Subdistrict is to encourage the deyelepm9W of Traditional human- scaled, pedestrian- oriented, interconnected residential neighborhood projects that include are G9WGFed_�_�reupd_ -a lvillage-gFeen wk# a mix of commercial uses., induding Fetail, effiGe, civic amenities, and institutional uses that complement each other. ResideRtial 6i6es aFe 0#8R leGated abgye retail use6. The purpose of the commercial component is to provide retail, office and personal service uses to serve the needs of the subject neighborhood and surrounding residential neighborhoods where there is no existing nearby opportunity for those commercial needs to be met. Within the commercial component mixed use residential /commercial is allowed. The commercial component may be located internal to the project or along the boundary, if externally located, road frontage and access should be restricted so as not to promote strip commercial development. A grid pattern is usually the basis for the transportation network and typically includes interconnections for vehicles pedestrians and bicycles. Within one year of the effective date of the regulations establishing this Subdistrict the Land Development Code shall be amended, as necessary, to implement this Subdistrict The -main Projects developing pursuant to the regulations governing this Subdistrict shall comply with the following standards and criteria: a. Uses in the commercial component are limited to those allowed in the C -1 C -2 and C -3 zoning districts as contained in the Collier Countv Land Development Code in effect as of the date of adoption of this Plan amendment (December 16, 2003). b. The boundaries of the commercial component shall be no closer than 1/2 mile radial distance from the boundaries of the nearest site zoned commercial developed commercial or designated in the Growth Management Plan for commercial uses. c. The commercial component shall be no larger than 10 acres in size and shall not exceed 80,000 square feet of gross leasable floor area. d. A maximum of one acre of land for commercial uses is allowed for each five acres of land for residential uses. e. No single commercial use in the commercial component shall exceed 15,000 square feet of gross leasable floor area, except that a grocery store or supermarket shall not exceed 45,000 square feet of gross leasable floor area. f. The maximum floor area ratio for commercial uses is 0.25. g. For freestanding residential uses, acreage to be used for calculating density is exclusive of the commercial component and of any acreage component for a use with a residential equivalency, Words in single stfike through are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in are deletions, and words in ouble underline are additions - since Transmittal. 8A � imw e.g. ALF -adult living facility. For properties not located in the Urban Residential Fringe eligible density shall be as allowed by the FLUE Density Rating System, or as allowed under the existing residential zoning district, or as otherwise allowed by FLUE Policy 5.1. FoLprogerties located in the Urban Residential Fringe, eliqible density shall be as allowed by that Subdistrict. h. For residential uses located within the commercial component of the project — whether located above commercial uses in the same building, in an attached building, or in a freestanding building - density is calculated based upon the gross project acreage For properties not located in the Urban Residential Fringe, eligible density is the base density allowed by the Density Rating System, less any reductions. For properties located in the Urban Residential Fringe, eligible density shall be as allowed by that Subdistrict. L The project is encouraged to use a grid street system, or portion thereof, so as to afford maximum opportunity for interconnections with surrounding properties and to provide multiple route alternatives. j. The commercial component shall be interconnected with the residential component of the project by streets, sidewalks or other pedestrian pathways, and bike lanes unless precluded by the existence of wetlands or other environmentally sensitive habitats. In such instance no less than one type of interconnection shall be provided. k. The project shall provide street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable. I. All buildings shall be limited to five stories in height, inclusive of under building parking m. The commercial component of the project shall be internally located with no direct access to adjacent external roadways, or the commercial component shall have frontage on a road classified as an arterial or collector in the Transportation Element. n. If the commercial component is not internally located then its frontage shall be no greater than twice its depth. o. For projects located along an arterial or collector road the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adjacent arterial or collector roadway. Urban - Commercial District 8. Commercial Mixed Use Subdistrict [new] The purpose of this Subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses The residential uses may be located above commercial uses in an attached building or in a freestanding building Such mixed -use projects are intended to be developed at a human -scale pedestrian- oriented and interconnected with adjacent projects — whether commercial or residential Within one year of the effective date of this Subdistrict, the Land Development Code shall be amended as necessary, to implement developing pursuant to the regulation governing this Subdistrict Projects developing pursuant to the regulations governing this Subdistrict shall comply with the following standards and criteria: 1. This Subdistrict is applicable to the C -1 through C -3 zoning districts and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C -1 through C -3 zoning districts 2. Commercial uses and development standards shall be in accordance with the commercial zoninq district on the subject property. 3. Residential density is calculated based upon the gross commercial project acreage For property in the Urban Residential Fringe Subdistrict density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict but within the Coastal High Hazard Area, density shall be limited to four dwelling units per acre Words in single str-ike thfaugh are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in are deletions, and words in double underline are additions - since Transmittal. •1 • For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, density shall be limited to sixteen dwelling units per acre. 4. In the case of residential uses located within a building attached to a commercial buildina or in the case of a freestanding residential building, building square footage and acreage devoted to residential uses shall not exceed seventy percent (70% ) of the gross building square footage and acreage of the project. 5. Street, pedestrian pathway and bike lane interconnections with adjacent properties where possible and practicable, are encouraged. Urban - Mixed Use District 14. Commercial Mixed Use Subdistrict [new] The purpose of this Subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building Such mixed -use projects are intended to be developed at a human - scale, pedestrian- oriented and interconnected with adjacent projects — whether commercial or residential. This Subdistrict is allowed in the Urban - Mixed Use District subject to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban - Commercial District. Urban - Commercial District 1. Mixed Use Activity Center Subdistrict [page 41 - new 5th paragraph] For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. Mixed use developments - whether consisting of residential units located above commercial uses in an attached building, or in a freestandina building - are allowed. Such mixed -use proiects are intended to be developed at a human - scale, pedestrian- oriented, and interconnected with adjacent proiects — whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable are encouraged Density is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict Policy 5.1: [page 17] All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, Words in single strike through are deletions, and words in single underline are additions - as Transmitted on 3 7/29/03. Words in double orike t4stigh are deletions, and words in double underline are additions - since Transmittal. R A " permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.111 are not increased. For these properties approved for commercial and residential uses, an increase in the number of dwelling units may be permitted if accompanied by a reduction in commercial area such that the overall intensity of development allowed by the new zoning district is not increased. Further, though an increase in overall intensity may result, for these properties approved for commercial uses, residential units may be added as provided for in the Commercial Mixed Use Subdistrict. FUTURE LAND USE DESIGNATION DESCRIPTION SECTION: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Neighberheed DeGigR Residential Mixed Use Neighborhood_ Subdistrict 8. Orange Blossom Mixed -Use Subdistrict 9. Goodlette /Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed -Use Subdistrict 12. Research and Technology Park Subdistrict 13. Buckley Mixed -Use Subdistrict 14. Commercial Mixed Use Subdistrict B. URBAN — COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston /Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road /Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict I. URBAN DESIGNATION [page 21] b. Non - residential uses including: 12. Commercial uses subject to criteria identified in the Urban -Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, , Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed -use Subdistrict, Goodlette /Pine Ridge Commercial Infill District, a44d Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Commercial Mixed Use Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, e'PA Interchange Activity Center Subdistrict, aPA Livingston /Pine Ridge Commercial Infill Subdistrict, and Henderson Creek Words in single stfike thFOugh are deletions, and words in single underline are additions - as Transmitted on 4 7/29/03. Words in dsohie siFike 44sog4 are deletions, and words in double underline are additions - since Transmittal. R A I" Mixed Use Subdistrict, aPA Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, a44d Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict and in the Bays h ore/G ateway Triangle Redevelopment Overlay. Fn UTURE LAND USE MAP See two attached maps: Future Land Use Map — Existing Future Land Use Map — Proposed: change name of "Traditional Neighborhood Design Subdistrict" to "Residential Mixed Use Neighborhood Subdistrict ", and add "Commercial Mixed Use Subdistrict" under both the Urban — Mixed Use District and Urban — Commercial District. RECREATION AND OPEN SPACE ELEMENT The proposed text amendments to the Recreation and Open Space Element (ROSE) will be added after Policy 1.6.1, beginning on page 4 of the ROSE, and are as follows: [all new, beginning on page 4] GOAL 2: THE COUNTY SHALL DEVELOP A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Objective 2.1 By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify general areas where neighborhoods might request sites for future neighborhood Parks. Policy 2.1.1 The Parks and Recreation Department will develop a Neighborhood Park Plan and identify those sites or general areas for neighborhood parks on a Neighborhood Park Master Plan. This Plan will be developed by the year 2010 with citizen input to determine the types of recreational facilities particular communities would like to see within their neighborhoods. Policy 2.1.2 The County shall amend the Land Development Code to include a new definition of useable open space that will provide for an open space area to be used as a neighborhood park for the recreational needs of the surrounding area. Policy 2.1.3 New neighborhood parks will be carefully sited and intentionally integrated into existing residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED). Neighborhood parks may also be co- located with churches schools or other recreational facilities Policy 2.1.4 The County shall investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of neighborhood parks. Words in single stfile thfaugh are deletions, and words in single underline are additions - as Transmitted on 5 7/29/03. Words in are deletions, and words in d_o_u_b_le underline are additions - since Transmittal. FO*M Policy 2.1.5 The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. GOAL 3: THE COUNTY SHALL DEVELOP A COMMUNITY AND REGIONAL PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Objective 3.1 By the year 2010, the Parks and Recreation Department will develop a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, AgriculturaMural designated areas, Southern Golden Gate Estates, and the outlying Urban Designated Areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). This plan will include the identification of future community and regional park sites (or general areas), park improvements, cost estimates, and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites. Policy 3.1.1 The Parks and Recreation Department will acquire land to meet the needs of the Community and Regional Park Plan, including sufficient land to allow for a portion of these sites to remain in passive open space. Policy 3.1.2 The Parks and Recreation Department will design and construct the new community regional parks. Policy 3.1.3 The County shall continue to partner with the Collier County Public Schools to co- locate Parks in conjunction with new school sites as they are identified and developed. Policy 3.1.4 The County shall continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for community and regional parks. Policy 3.1.5 The County shall investigate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of community and regional parks. Policy 3.1.6 The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. Policy 3.1.7 By the year 2010, the Parks and Recreation Department and the Transportation Operations Department will investigate the utilization of the existing canal and power line easements to Words in single ik stf,�„ethr-augh are deletions, and words in single underline are additions - as Transmitted on 7/29/03. Words in are deletions, and words in double underline are additions - since Transmittal. s� create a areenway system throughout the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural /Rural designated areas, Southern Golden Gate Estates, and the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). CPSP -03 -5 exhibit A Adoption per CCPC rec. G, Comp, Comp Plan Amendments, 2003 cycle GMP Am dw/12- 5- 03- DCA/mk- 12 -12 -03 /final 12 -19 -03 Words in single stfike thr-ough are deletions, and words in single underline are additions - as Transmitted on 7 7/29/03. Words in are deletions, and words in double underline are additions - since Transmittal. T 48 S T 47 S T 48 S Elo 4 .°� d � 3 66 1 b �a N r. 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Q4 U. �PL I S 04 1 I S 14 1 ii { I � 3 p yOff I F b �q �^� �.S � W I� �< N ¢ W yy O yyyl a� � F �$n W 2 N ti S Si 1 1 8 56 1 1 8 09 1 1 8 l9 1 I S Z9 1 1 8 £9 1 1-.2 n S 14 1 ii { I � 3 p yOff I F b �q �^� �.S � W I� �< N ¢ W yy O yyyl a� � F �$n W 2 N ti S Si 1 1 8 56 1 1 8 09 1 1 8 l9 1 I S Z9 1 1 8 £9 1 1-.2 � F �$n W 2 N ti S Si 1 1 8 56 1 1 8 09 1 1 8 l9 1 I S Z9 1 1 8 £9 1 1-.2 �$n W 2 N ti S Si 1 1 8 56 1 1 8 09 1 1 8 l9 1 I S Z9 1 1 8 £9 1 1-.2 Exhibit A CONSERVATION AND COASTAL MANAGEMENT ELEMENT FUTURE LAND USE ELEMENT CPSP- 2003 -6 MARINA SITING CRITERIA FOR ALL REMAINING COASTAL AREAS WITHIN COLLIER COUNTY CCME, Policy 7.1.2(2)(h) [page 31] i CCME, OBJECTIVE 7.2 [page 32] "Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through 7.2.4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents." CCME, Policy 7.2.1 [page 32] "The County shall apply the marina siting criteria contained in ekwAef�t-the Collier County's Manatee Protection Plan (NR- SP- 93 -01), May 1995 in order to direct increased boat traffic away from sensitive manatee habitats." CCME, Policy 7.2.3 [page 32] "In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Coastal and Conservation Management Element, Policy 44-. 10.1.5 of this Element). The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed." CCME, OBJECTIVE 10.1 [page 37] "Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Words underlined are added; words 6tFUGk thMugh are deleted: .. VA M-11.1 i CCME, OBJECTIVE 7.2 [page 32] "Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through 7.2.4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents." CCME, Policy 7.2.1 [page 32] "The County shall apply the marina siting criteria contained in ekwAef�t-the Collier County's Manatee Protection Plan (NR- SP- 93 -01), May 1995 in order to direct increased boat traffic away from sensitive manatee habitats." CCME, Policy 7.2.3 [page 32] "In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Coastal and Conservation Management Element, Policy 44-. 10.1.5 of this Element). The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed." CCME, OBJECTIVE 10.1 [page 37] "Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water - dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Words underlined are added; words 6tFUGk thMugh are deleted: P A -.4 Manatee Protection Plan (NR- SP- 93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities and boat ramps, based upon the Plan's marina siting criteria." FLUE, URBAN DESIGNATION [page 18-18 2_]0 1. URBAN DESIGNATION: Urban Designated Areas will accommodate the following uses: b. Non - residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water- dependent and water - related uses (see Conservation and Coastal Management Element, Objective 444 10.1 and subsequent policies and the Collier County Manatee Protection Plan (NR- SP- 93 -01) May 1995 GORtained in the Land Develepment Gede); 4. Child care centers; 5....17." FLUE, A. Urban - Mixed Use District [page 1149-22 "This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non - residential land uses, including mixed -use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed -use sites of water - dependent and water - related land uses are permitted within the coastal region of this District. Mixed -use sites of water - dependent and water - related uses and other recreational uses may include water - related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water - dependent and /or water - related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Note: Collier County's Land Development Code allows for the construction of private boathouses and docks as an accessory use to permitted uses in the following zoning districts: Rural Agricultural (A), Residential Single Family, (RSF 1 -6) Residential Multiple Family (RMF 1 -6, 12, 16), Residential Tourist (RT), Village Residential (VR) and Mobile Home (MH). Marinas are a permitted use in the Commercial (C -3) and Commercial (C -4) Districts Marinas are permitted as a conditional use in the RT District Marinas and boat ramps are permitted as a conditional use in the Community Facility (CF) District Boat yards and marinas are permitted as a conditional use in the VR District The Collier County Manatee Protection Plan (NR- SP- 93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities and boat ramps, based upon the Plan's marina siting criteria." CPSP -03 -6 exhibit A Adoption per CCPC rec. G, Comp, Comp Plan Amendments, 2003 cycle GMP DCA/mk- 12 -12 -03 Words underlined are added; words G#U& thFOugh are deleted: 2 Exhibit A ECONOMIC ELEMENT CPSP- 2003 -7 ECONOMIC ELEMENT 8 - 7,111.10 GOAL 1: Collier County will achieve and maintain a diversified and stable economy by providing a positive business climate that assures maximum employment opportunities while maintaining a high quality of life. OBJECTIVE 1.1: Collier County will encourage the conservation and enhancement of those natural, cultural, and social resources that represent the foundation of the County's existing retirement, recreation, and tourist - oriented economy, in order to place the County in a competitive position to enable the retention and expansion of these and other business opportunities. POLICY 1.1.1: Collier County will encourage the development of diverse cultural facilities through public, private, or public /private partnerships that meet the needs of the residents and visitors of the County. POLICY 1.1.2: Collier County will support the opportunity for development and establishment of hospitals, nursing homes and additional medical related facilities in order to promote a continuum of care to enhance the quality of life throughout the County. POLICY 1.1.3: Collier County will cooperate with state entities and other social service providers to encourage the establishment of programs and facilities that assist the elderly population of the County. POLICY 1.1.4: Collier County will work with the sheriff, fire districts, municipalities, and other appropriate entities to provide a strong public safety program capable of protecting the citizens of the County and their property. POLICY 1.1.5: Collier County will support recycling programs in the County to protect natural resources, conserve energy, prolong the useful life of landfills, and maintain a positive public image. POLICY 1.1.6: Collier County will support the protection of the environment that sustains the commercial fishinq and tourist industries by opgosinq_the leasinq of off -shore tracts for the purpose of oil exploration and drilling. The County will oppose off -shore oil drilling in the region south of Latitude 27 degrees north to the state waters north of the Florida Keys and west to Longitude 86 degrees west. POLICY 1.1.7: Collier County will encourage the preservation of sensitive natural resources, including beaches, wetlands, estuaries, clean air and water, historic resources, scenic vistas and other unique natural resources. Words underlined are added; words sti-aek thfaugh are deleted, 8A _. POLICY 1.1.8: Collier County, in response to the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes, prices, and rents. OBJECTIVE 1.2: Collier County will support programs that are designed to expand and enhance the tourism industry. POLICY 1.2.1: Collier County will continue to support the area's domestic and international tourism programs to ensure continuation and expansion of the tourism industry. POLICY 1.2.2: Collier County will continue to support the local tourism industry and work with the community to position the County as a friendly and hospitable visitor destination. POLICY 1.2.3: Collier County will support appropriate entities toward positioning the County as a major aviation international port of entry. POLICY 1.2.4: Collier County will support the research efforts of appropriate entities to accurately measure the economic impact of tourism and provide information for planning, marketing and management of tourism for both the private and public sectors. POLICY 1.2.5: Collier County will support the development of ecotourism in the County. OBJECTIVE 1.3: Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base. POLICY 1.3.1: Collier County will support efforts to formulate an economic development plan to assist local organizations in fostering the expansion and diversification of the County's economic base. POLICY 1.3.2: Collier County, in support of appropriate entities, will support a coordinated local, regional, national, and international marketing program that will identify and attract industrial, commercial, and office space users. POLICY 1.3.3: Collier County will support the preparation of an annual report on the proaress of economic development in the County. POLICY 1.3.4: Collier County will support a marketing program to actively pursue and encourage businesses to relocate to the County. POLICY 1.3.5: Collier County will study the economic incentives utilized by various Florida cities and counties that may also be utilized by Collier County to place it in a competitive position to attract new businesses. Words underlined are added; words sti-ae k thf:aug4-* are deleted, "a*, 8A POLICY 1.3.6: Collier County, in coordination with appropriate entities, will support the expansion of international banking and finance industry to better accommodate the needs of international visitors to the area and that of local firms engaged in global markets. POLICY 1.3.7: Collier County will support the location of business and industry in the Foreign Trade Zone located at the Immokalee Airport. POLICY 1.3.8: Collier County, in coordination with appropriate entities, will continue programs that encourage and assist in the location of new companies that build on the traditional economic base. POLICY 1.3.9: Collier County will support the preparation of an annual report on the progress of existing industry expansions and traditional industry starts. POLICY 1.3.10: Collier County will support the protection and promotion of its existing water port developments. POLICY 1.3.11: Collier County will actively pursue state and federal funding for transportation improvements to the local, regional, state, and national highway system in the County. POLICY 1.3.12: Collier County, in coordination with other appropriate entities will support the establishment and retention of small businesses throughout the County. POLICY 1.3.13: Collier County will encourage agriculture industry programs to maintain or improve its economic viability, provide necessary support and promote Collier County produce. OBJECTIVE 1.4: Collier County will support the economic development goals efforts and community involvement of nonprofit organizations, civic associations and local groups and programs. POLICY 1.4.1 Collier County will support the economic development initiatives of regional nonprofit organizations. POLICY 1.4.2 Collier County will support the economic development goals and efforts of countywide organizations. POLICY 1.4.3 Collier County will support the economic development efforts of localized organizations. OBJECTIVE 1.5 Collier County will encourage the expansion and development of educational facilities and programs that complement economic development and diversification. POLICY 1.5.1: Collier County will continue to coordinate with and assist the Collier County School Board in the orderly and rational expansion of educational facilities that enhance economic growth and a desired quality of life Words underlined are added; words stf+iek thr-ough are deleted, .o... 8 A ' -- POLICY 1.5.2: Collier County will promote the development of programs and facilities at institutions of higher learning, including business and commerce, health services, technologies, and education careers. POLICY 1.5.3: Collier County will encourage institutions of higher learnina to develop cooperative and integrated curriculums that enhance and increase the Productivity of the local work force and attract industries and skilled workers. OBJECTIVE 1.6: Collier County will maintain a system of development regulations that will promote the accomplishment of the goals, objectives, and policies of this Element. POLICY 1.6.1 Collier County will periodically review its land development reaulations for consistency with the Collier County Growth Management Plan to promote the accomplishment of the goals, objectives and policies of this Element. CPS P-03-7 exhibit A Adoption with CCPC recommendation G, Comp, Comp Plan Amendments, 2003 cycle GMP dw /12 -5 -03 — DCA/mk- 12 -12 -03 Words underlined are added; words suck through are deleted, Exhibit A CAPITAL IMPROVEMENTELEMENT /TRANSPORTATION /FUTURE LAND USE ELEMENTS CPSP- 2003 -8 [CIE — Page 12] Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued: or B. The necessary facilities and services are under construction or the contract for such facilities and services has been let at the time a final site development plan, final plat or building permit is issued: or C. The necessary facilities and services are in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR at the time a final site development plan, final plat or building permit is issued: or D. The necessary facilities and services are in the first or second year of FDOT 5 -Year Work Program at the time a final site development plan, final plat or building permit is issued; or E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this Plan and meets the applicable requirements of Policies 5.5 through 5.8 of the Transportation Element. F. The necessary facilities and services are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. MOTWMM MAW s r..:t....� _ Words underlined are added; words stfitek thr-eugh are deleted. P* [Transportation - Page 141 Policy 5.2: Project traffic that is less - thaR 1% or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development with a de minimis impact shall be pursuant to Section 163.3180(6), Florida Statutes Policy 5.3 The County wi4 conducted a Traffic Impact Vesting Affirmation Review 9YeFhe -nxt yeas in 2003 to determine for planning purposes only which developments are may be vested for concurrency_ No legal determination of vested status for projects was made and even thouah the initial review indicated vestina, this findina does not provide a leaal presumption that a project is vested. All previously approved projects must go through a vesting review pursuant to Subsection 3.15.7.2.6. of the Land Development Code, t#e I I I Words underlined are added; words stfiaek through are deleted. the neGessary fa6lities, required te these and eliminate peFtiens 9i estimated date Gf PFGjeGt [Transportation - Page 141 Policy 5.2: Project traffic that is less - thaR 1% or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development with a de minimis impact shall be pursuant to Section 163.3180(6), Florida Statutes Policy 5.3 The County wi4 conducted a Traffic Impact Vesting Affirmation Review 9YeFhe -nxt yeas in 2003 to determine for planning purposes only which developments are may be vested for concurrency_ No legal determination of vested status for projects was made and even thouah the initial review indicated vestina, this findina does not provide a leaal presumption that a project is vested. All previously approved projects must go through a vesting review pursuant to Subsection 3.15.7.2.6. of the Land Development Code, t#e I I I Words underlined are added; words stfiaek through are deleted. • 0 j Policy 5.4 To optimize the County's transportation analysis, the County shall prepare an analysis of the transportation system within the urban area utilizing SYNCHRO or other current traffic analysis techniques and tools by January 2004. Policy 5.5 Pursuant to Rule 9J- 5.0055(6)(a)3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of the Plan, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR -4) may be exempt from transportation concurrence requirements, so Ions as impacts to the transportation system are mitigated using the procedures below. 1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIRS) roadways within the County by more than 5% of the capacity at the adopted LOS standard shall meet the transportation concurrency requirements specified in Capital Improvement Element, Policy 1.5.3. 2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.6 are exempt from the transportation requirements of Capital Improvement Element, Policy 1.5.3. Policy 5.6 Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrence requirements for transportation will provide certification f= the Transportation Planning Division that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: alPreferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership, c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e)Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. MTransit subsidy that would reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. 0 Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. Words underlined are added; words stfiiek thf:eagh are deleted. WE Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain certification that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (shall be coordinated with Collier County Transit). C) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adiacent commercial properties with shared commercial and residential parking. An applicant seeking an exception from concurrence requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrence requirements. Whether or not a concurrence exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 5.7 The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads are in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Mana ement Areas are designated: 1 Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side: the west side of the 1 -75 right -of -way on the east side: Pine Ridge Road on the south side: and, the Gulf of Mexico on the west side (Mar) TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side and; Livingston Road (extended) on the west side (Map TR -6). Policy 5.8 Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Transportation Element, Policies 1.3 and 1.4 of this Element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above the proposed development shall not be permitted where such condition occurs unless modification of Words underlined are added; words stFuek threuo are deleted. 4 8A the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the Plan. Policy 5.9 Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and /or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.8 of this Element, a proportionate share payment shall be required as follows: a. Proportionate share payments shall be calculated using the formula established in Rule 9J- 2.045(2)(h), Florida Administrative Code. The facility cost for a constrained roadway link shall be established using a typical lane mile cost as determined by the Collier County Transportation Administrator of adding lanes to a similar area/facility type as the constrained facility. b. Proportionate share payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road seament(s) and /or to enhance mass transit or other non - automotive transportation alternatives which adds trip capacity within the impact fee district or adjoining impact fee district. C. Proportionate share payments under this Policy shall be determined subsequent to a finding of concurrence for a proposed project within a TCMA and do not influence the concurrence determination process. d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. [FLUE — Page 44-12 Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, a TCEA, TCMA, add projects to the Capital Improvements Element enter into a binding commitment with a Developer to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. [FLUE - Page 13 Policy 2.4 Pursuant to Rule 9J- 5.0055(6)(a) 3., Florida Administrative Code and the Urban Infill and Urban Redevelopment Strategy contained in this Element development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See Map TR -4) Words underlined are added; words s*•-^ek thf:atigh are deleted. may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policies 5.5 and 5.6 of the Transportation Element. Developments within the South U.S. 41 TCEA that obtain an exception from concurrence requirements for transportation, pursuant to the certification process described in Transportation Element, Policy 5.6, and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plan of development shall not be subiect to the Traffic Congestion Density Reduction as contained in the Density Rating System of this Element. Developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5, and Transportation Policies 5.7 and 5.8 and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code, as amended) as part of their plan of development shall not be subject to the Traffic Congestion Density Reduction, as contained in the Density Rating System of this Element. Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrence requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 2.5 The County shall designate Transportation Concurrence Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrence Management Areas are hereby designated: 1 Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side, the west side of the 1 -75 right -of -way on the east side; Pine Ridge Road on the south side: and, the Gulf of Mexico on the west side (See Map TR -5). 2. East Central TCMA — This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side: Davis Boulevard on the south side and: Livingston Road (extended) on the west side (See Map TR -6). [FLUE - New Objective /Page 19] Objective 6 Transportation Concurrence Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a TCMA Words underlined are added; words stF:uek thf:etigIi are deleted. 6 shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Transportation Concurrencv Management Areas are hereby established in the specific geographic areas described in Policy 2.5 of this Element. Policy 6.1 Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by promoting redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Objective 5, and relevant subsequent policies, of this Element. Policy 6.2 In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the averaae vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the averaae vehicle occupancy for work trips generated by the development and /or increase transit ridership. C) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and /or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h) Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. 0 Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. D Providing transit shelters within the development must be coordinated with Collier County Transit). Policy 6.3 In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Words underlined are added; words stfuek thfough are deleted. #Wb 84 Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential moiect. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties. Policy 6.4 All rezoning within the Transportation Concurrence Management Areas (TCMAs) is encouraged to be in the form of a Planned Unit Development (PUD). Any development contained in a TCMA, whether submitted as a PUD or non -PUD rezone shall be required to be consistent with the native vegetation preservation requirements contained within Policy 6.1.1 of the Conservation and Coastal Management Element. Policy 6.5 All new development, infill development or redevelopment within a Transportation Concurrence Management Area is subject to the historical and archaeological Preservation criteria, as contained in Objective 11.1 and Policies 11.1.1 throuqh 11.1.3 of the Conservation and Coastal Management Element. [FLUE Density Rating System /Page 38] a. Density Bonuses 7. Residential redevelopment or infill development that meets the criteria established in Policies 6.1 through 6.5 of this Element, and which occurs within a designated Transportation Concurrence Management Area (TCMA) may add 3 residential units per gross acre. This density bonus shall not be available if the proposed development is located within the Coastal High Hazard Area. Additionally, in no instance shall the total project density exceed 16 units per gross acre. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Congestion Area If the project were within the Traffic Congestion Area, an area identified as subject to long -range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport - Pulling Road (including an extension north to the Lee County boundary), Davis Words underlined are added; words str-aek thr-eagh are deleted. 8 • 1 Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Furthermore, the density reduction shall not apply to developments located within the South U.S. 41 TCEA (as identified within Transportation Element Map TR -4, and Transportation Element, Policies 5.5 and 5 6 and FLUE Policy 2A that obtain an exception from concurrence requirements for transportation pursuant to the certification process described in Transportation Element Policy 5 6 and that include affordable housing (as per Section 2.7.7 of the Collier County Land Development Code as amended) as part of the plan of development. This reduction shall likewise not be applied to developments within the Northwest and East - Central TCMAs that meet the requirements of FLUE Policies 6.1 through 6.5 and Transportation Element Policies 5.7 and 5.8, and that include Affordable Housing (as per Section 2.7.7 of the Collier County Land Development Code as amended) as part of the plan of development CPSP -03 -8 exhibit A Adoption per CCPC recommendation G, Com, Comp Plan Amendments, 2003 cycle GMP DCA/mk/12 -12 -03 Words underlined are added; words s*•^iek thr-eugh are deleted. 9 e � • `. � }, \\ �� § §( ) COUNTY s RN R § ) / q n 2 k \ ® - < § ƒ ¥ I - 7:; ƒ k CL ƒ % 7 ;k �f \ •/ 4 ) / W \ & 2 a d: _ ISE \ § 0 Q ® . � 0 c . 6\ 0 J) . .. k >\ ui AIRPORT PULLING RD /- - >1 BAYSHO w DR «e. , . o o 2 \ ` \ E - \ & n $ 3 ! ! ! })) R Lu C) 2 0 !2gT CD Q 1001111 W� F- z 0 LU LU -.1 COLLIER BLVD IT LIVINGSTON RD fill 0 AIRPORT PULLING RD low Lu Z -J W ED O 0 LOGAN BLVD VINEYARD BLVD l m: - - L LIVINGSTO-N"RD Lu ad VANDERBILT DR G\J\-' of oepco a w Lu Z EL :S" O:ee OR —jG U :L IF cv) Z. 04 ui m CL IL I fn Lo 6 C, x x w 0 w w z CL ❑ w O ❑ w Z a i COLLIER BLVD a rLu Luco CL a L aw t � a w LIVINGSTON RD 4 z w J O AIRPORT PULLING RD GOODLETTE RD N ❑ ❑ at �;, J i m In ;WW W d > c .�\ Lu 0 8 Handout for CPSP - 2003 -8 Revisions to Proposed New Density Bonus #7 (Note: Recognizing expressed concerns regarding the relationship between the proposed Transportation Concurrency Management Areas (TCMAs) and the Transportation Concurrency Exception Area (TCEA) and affordable housing, staff proposes the following revisions): Revised New Density Bonus #7: ?A / //44,0 3 4E w r C, N � �O U C N N r } C d O C app .o a oN VI a O C N 5� � m 3 w LO 52 Lq N O z O m m N N `, w Sl a r �a7 1 Fs N C N y IL N m O O N C d' d O O �O O co U m U V y C m f6 o Fw�c� Exhibit A Future Land Use Element CPSP- 2003 -9 V. OVERLAYS AND SPECIAL FEATURES [Pg. 74] E. Airport Noise Area Overlay [Pg. 104] The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 60. 65, 70 and 75 Ldn (day -night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 60 65 Ldn contour, the least severe impact of these t1Fee four noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 60 66 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. CPSP -03 -9 exhibit A GMP Amendments G, Comp, Comp Plan Amendments DCA/mk/12 -12 -05 Words underlined are added; words stlru& through are deleted. T 48 8 T 41 S T 48 8 I T 40 8 T 50 8 z S W a y y a 60a 'a'� 1w" cc 0 El 1:,-,E] 0 " z � a � '2 t E s S IRPI � W O W W O C p Q � W W W 3 � S 94 1 _m W W m N Q W n « a 0 W W O C p Q � W W W � S 94 1 T 51 S F N V � � m T52S T53S i I� M / Of S Lt 1 1 8 of 1 1 9 Si 1 1 8 09 1 1 8 39 1 W W Y � 4 « a g�j4q W Sj FF�N �gg �3 S L9 1 1 8 E9 1 1 7 0 a F N V � � m T52S T53S i I� M / Of S Lt 1 1 8 of 1 1 9 Si 1 1 8 09 1 1 8 39 1 W W Y � 4 « a g�j4q W Sj FF�N �gg �3 S L9 1 1 8 E9 1 1 7 shol 84 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -67 Which was adopted by the Board of County Commissioners on the 16th day of December, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of December, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board ',)f; County Commissioners It j �� By: Patric ia�.L. '.Morgan, Deputy Cleo'1�}y1 18A Collier County Growth Management Plan 1999 Capital Improvement Elemi 1997 EAR -Based as Amen TRANSPORTATION ELEMENT PUBLIC FACILITIES: SANITARY SEWER SUB - ELEMENT POTABLE WATER SUB- ELEMENT DRAINAGE SUB- ELEMENT SOLID WASTE SUB- ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE SUB- HLFMENT HOUSING ELEMENT RECREATION & OPEN SPACE ELEMENT SERVATION & COASTAL MANAGEMENT ELEMENT TERGOVERNMEN'l At. COORDINATION ELEMFNT FUTURE LAND USE ELEMENT GOLDEN GATE. AREA MASTER PLAN IMMOKALEF, MASTER PLAN 1996 ELEMENTS AS AMENDED MARCO ISLAND MASTER PLAN • COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT i SYMBOL DATE AMENDED (I) February 23, 1999 (II) May 9, 2000 (III) November 19, 2002 (IV) September 10, 2003 ORDINANCE NO. Ordinance No. 99 -14 Ordinance No. 2000 -31 Ordinance No. 2002 -60 Ordinance No. 2003 -44 Indicates adopted portion Note: the support document will be updated as current information becomes available. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 I. * II. *II * IV. * V, VI. TABLE OF CONTENTS INTRODUCTION CAPITAL IMPROVEMENT GOALS, OBJECTIVES AND POLICIES I. IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS: Roads Projects Drainage Projects EMS Projects Jail Projects Library Buildings Projects Library Collection Government Buildings Projects Parks Projects Water Projects Sewer Projects Landfill Projects COST AND REVENUES PROGRAMS TO ENSURE IMPLEMENTATION ANALYSIS (Support Documents) Public Facility Requirements Capital Improvements Projects Capital Improvement Financing Capacity Collier County School Board Capital Improvement Program Timing & Location of Capital Improvements: Current Local Practices Financing Plan Collier County Fifth Annual Update & Inventory Report (AUIR) on Public Facilities Adopted portions i Page CIE - 1 CIE - 2 CIE - 15 CIE - 22 CIE - 23 CIE - 24 CIE - 25 CIE - 26 CIE - 27 CIE - 28 CIE - 29 CIE - 30 CIE -31 CIE - 32 CIE - 34 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G 8A 8A I. INTRODUCTION In 1985 and 1986 the Florida Legislature significantly strengthened the requirements for county and city comprehensive plans. One of the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act is the requirement that the comprehensive plan must contain a Capital Improvement Element to "... consider the needs for and location of public facilities ..." (Section 163.3177(3), Florida Statutes). The Capital Improvement Element (CIE) must identify public facilities that will be required during the next five years, including the cost of the facilities, and the sources of revenue that will be used to fund the facilities. One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements the statutes defines the phrase 'level of service" as "... an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J -5.003 (41), Florida Administrative Code). CIE — 1 I 8H CAPITAL IMPROVEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1.1: Identify and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities are needed in order to achieve and maintain the standards. Policy 1.1.1: The County shall establish standards for levels of service for two categories of public facilities, as follows: Category A public facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and parks and recreation facilities. The standards for levels of service of Category A County provided public facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan. The standards for levels of service of Category A facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. Category B public facilities are facilities for the County's library, jail, and emergency medical services. The standards for levels of service of Category B public facilities shall apply to the County's annual budget, but not apply to development orders issued by the County. Public facilities shall include land, structures, the initial furnishings and equipment (including ambulances, fire apparatus, and library collection materials), design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE— 2 Policy 1.1.2: The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q= (SxD) -I Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. A. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. (tl) (III)(IV) B. The County Commission will review all rezone requests and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County -Wide density or intensity of permissible development with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall roadway system. The County Commission shall not approve any such rezone request or FLUE amendment that significantly impacts either: (1) a deficient roadway segment or; (2) the BEBR high range growth rate population projections through the five years of the annually updated Capital Improvement Plan, on a continuously rolling basis, and then 95% of the BEBR high range growth rate thereafter, for the variable "D ", unless one of the following simultaneously occurs: 1. Specific mitigating stipulations are approved in conjunction with the rezone to restore or maintain the Level of Service on the impacted roadway segment; (II) 2. The adopted population standard used for calculation of "Q" in the formula Q = (S x D) — I is amended based on appropriate data and analysis; 3. The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone or amendment to the Future Land Use Element. (III) C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased County -Wide population greater than 3% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or as generating a volume of traffic equal to or greater than 3 %of the adopted LOS standard service volume of an impacted roadway. D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to all limits and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. (II) (III) 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 CIE — 3 8A 3. Public facilities that provide levels of service in excess of the standards adopted in — this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B and D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this policy. Policy 1.1.3: The determination of location of improvements to expand public facilities will take into consideration'the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. Policy 1.1.4: Public facility improvements within a category are to be considered in the following order or priority: A. Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of the Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: (111) 1. previously approved development orders permitting redevelopment, (111)2. previously approved development orders permitting new development, (111)3. new development orders permitting redevelopment, and (111) 4. new development orders permitting new developments. D. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that maybe needed by future growth beyond the next five fiscal years, or 2. providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities. (111) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE— 4 MOOA Policy 1.1.5: The standards for levels of service of public facilities shall be as follows: (III) Category A Public Facilities Arterial and collector roads, including state highways not on the Florida Intrastate Highway System FIHS) (111) All Roadways: A1.1 Arterials and collector roads: Level of Service as indicated below on the basis of peak hour, traffic volume: Level of Service "E" on the following designated roads: Roads Airport- Pulling Road Golden Gate Parkway Goodlette -Frank Road Goodlette -Frank Road Pine Ridge Road US 41 Airport- Pulling Road Airport- Pulling Road Davis Boulevard Golden Gate Parkway Livingston Road Vanderbilt Beach Road From Pine Ridge Road Airport- Pulling Road Pine Ridge Road Golden Gate Parkway US 41 Collier Boulevard US 41 Pine Ridge Road US 41 US 41 Golden Gate Parkway US 41 To Golden Gate Parkway Santa Barbara Boulevard Golden Gate Parkway US 41 Logan Boulevard Old US 41 Golden Gate Parkway Vanderbilt Beach Road Airport- Pulling Road Airport- Pulling Road Radio Road Gulfshore Drive (111) A1.2 Level of Service "D" peak hour on all other County and State (not on the FIHS) arterial and collector roads. (1))(11)(111) A2 State and Federal Roads: Collier County sets and adopts the LOS standards for state roads with the exception of those on the Florida Intrastate Highway System (FINS). In Collier County FDOT sets and maintains the LOS for 1 -75. The standards for 1 -75 are as follows: EXISTING TRANSITIONING RURAL AREA URBANIZED AREA URBANIZED AREA 1 -75 B C C A3 County Surface Water Management Systems: A3.1 Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74 -50 and 90 -10. A3.2 Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/Water Management Subelement of the Public Facilities Element. (111) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE — 5 8A (1)(IV) A4 County Potable Water Systems: A4.1 County systems County Water District - 185 gallons per capita per day Goodland Water District - 185 gallons per capita per day (111)(IV)A4.2 City of Naples = 185 gallons per capita per day in the unincorporated, service area City of Everglades - 185 gallons per capita per day in the unincorporated service area A4.3 Private potable water systems: Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Subelement of this Growth Management Plan. (1) A5 County Sanitary Sewer Systems: (III) A5.1 County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day (111)(IV) A5.2 City of Naples = 145 gallons per capita per day in the unincorporated service area A5.3 Private sanitary sewer systems: Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer Subelement of this Growth Management Plan. (II) A6 ; / County Solid Waste Disposal Facilities: A6.1 Two years of constructed lined cell capacity at the average disposal rate for the previous five (5) years A6.2 Ten years of permittable capacity at the average disposal rate for the previous five (5) years. (111) A7 County Parks and Recreation Facilities: A7.1 Regional Park land = 2.9412 acres per 1,000 /pop. A7.2 Community Park land = 1.2882 acres per 1,000 /pop. (111) A7.3 Recreation facilities = $240.00 capital investment per capita Category B Public Facilities: B1 County Library Buildings: 0.33 square feet per capita (1)(11)(111) B2 (111) B3 (111) B4 County Library Collection: 2.05 books per capita by FY 10 County Jail: 0.0024 beds per capita (2.4 beds per 1000 population) County Emergency Medical Service: .000068 EMS units per capita (1 UniU15,000 Population) (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 CIE— 6 8A FINANCIAL FEASIBILITY OBJECTIVE 1.2: Provide public facilities in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority,to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy 1.2.1: The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, and which, have not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 1.2.2: Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of facilities needed by future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Policy 1.2.3: Public facilities financed by County enterprise funds (i.e., potable water, sanitary sewer and solid waste) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). (111) Policy 1.2.4: Public facilities financed by non - enterprise funds (i.e., roads, surface water management, parks, library, emergency medical service, and jail shall be financed from current revenues and assets (pay -as- you -go financing) and Revenue Bonds approved by the Board of County Commissioners. Debt financing shall not be used to provide excess capacity in non - enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital improvements or for excess capacity. Policy 1.2.5: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE— 7 8A '" Policy 1.2.6: The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. (II) Policy 1.2.7: The County shall continue to collect impact fees for Parks and Recreation, EMS and Library facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation, EMS and Library improvements necessitated by such development. Policy 1.2.8: If, for any reason, the County cannot provide revenue sources identified as needed funding for specific projects within the adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: A. Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capital Improvements that exceed the adopted levels of service for the growth during the next five (5) fiscal years; B. Remove from the adopted Schedule of Capital Improvements through a plan amendment facility improvements or new facilities that reduce the operating cost of providing a service or facility but do not provide additional facility capacity; C. Where feasible, transfer funds from a funded Non - Capital Improvement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update. D. Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. E. Do not issue development orders that would continue to cause a deficiency based on the facility's adopted level of service standard. Policy 1.2.9: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13 %. Whereas Florida Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self- imposed level of constraint. Current bondable revenues are ad valorem taxes and State - shared revenues, specifically gas taxes and the half -cent sales tax. The Enterprise Funds operate under revenue bonding ratios set by the financial markets and are, therefore, excluded from this debt policy. CIE— 8 f 8 PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA OBJECTIVE 1.3: Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the following categories: A. Maintenance of existing public facilities; B. Beach, shore and waterway access; C. Beach renourishment. Policy 1.3.1: The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element. Policy 1.3.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development (thus obligations for infrastructure expenditures) to a maximum of four dwelling units per gross acre within portions of the coastal high hazard area. (111) Policy 1.3.3: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and will develop a program to expand the availability of such including funding options for acquisition. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE — 9 8A PROVIDE NEEDED IMPROVEMENTS OBJECTIVE 1.4: The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. (111) Policy 1.4.1: The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements may be modified as follows: A. The Schedule of Capital Improvements shall be updated annually. B. Pursuant to Florida Statutes 163.3187, the Schedule of Capital Improvements may be amended two times during any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. C. Pursuant to Florida Statutes 163.3177, the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. Policy 1.4.2: All Category A public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. t:.q Policy 1.4.3: The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. Projects for which appropriations have been made in the annual budget will not be removed once they have been relied upon for the issuance of a final site development plan, final plat, or building permit. The County shall include in the capital appropriations of its annual budget additional public facility projects that conform to Policy 1.1.2 (B.2) and Policy 1.1.4 (C) and (E). (III) Policy 1.4.4: The County shall determine, prior to the issuance of final site development plans, final plats and building permits whether or not there is sufficient capacity of Category A public facilities to meet the standards for levels of service for existing population and the proposed development. No final site development plan, final plat, or building permit shall be issued unless the levels of service for the resulting development will achieve the standards in Policy 1.1.5 Category A, and the requirements for Concurrency Management as outlined in the policies within Objective 1.5 of this element are met. (III) Policy 1.4.5: Public facilities and services provided by Collier County with public funds in accordance with the 5 -year Schedule of Capital Improvements in the Capital Improvements Element will be limited to Service Areas established within the boundaries designated on Map PW -1 titled, "Collier County's Three (3) Water and /or Sewer Districts Boundaries" and PW -3 titled, "Rural Transition Water & Sewer District" appearing in the Public Facilities Element for water and sewer. Road improvements will be provided as designated on the Schedule of Capital Improvements appearing in the Capital Improvement Element. All other public facilities and service types will be provided on a County -Wide availability basis. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 =60 CIE -10 CONCURRENCY MANAGEMENT (III) OBJECTIVE 1.5: To ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be consistent with Chapter 163, Part II, Florida Statutes and Rule 9J- 5.0055, Florida Administrative Code. The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of Category A public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of service standards. Policy 1.5.1: The concurrency requirement for the Potable Water, Sanitary Sewer, Drainage and Solid Waste Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: (III) A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or (III) B. The necessary facilities and services are under construction at the time a final site development plan, final plat or building permit is issued; or C. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur. (III) Policy 1.5.2: The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: A. Compliance with any one of the standards set forth in Policy 1.5.1 A, B and C is met; or (III) B. At the time the final site development plan, final plat or building permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construction of the required facilities within one year of the issuance of the final site development plan, final plat or building permit; or (III) C. The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable final site development plan, final plat, or building permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE -11 8A (III) Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. Compliance with any one of the standards set forth in Policies 1.5.1 A, B, and C and 1.5.2 B and C is met ;or (111) B. In areas in which Collier County has committed to provide the necessary public facilities and services in accordance with its five -year schedule of capital improvements, the concurrency requirement of the Transportation Level of Service Standards shall be achieved or maintained if all of the following standards of the Concurrency Management System, based upon an Adequate Capital Improvements Program and adequate implementing regulations are met: 1. A Capital Improvement Element and a five -year Schedule of Capital Improvements which, in addition to meeting all of the other statutory and rule requirements, must be financially feasible. The Capital Improvement Element and Schedule of Capital Improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five -year work program. 2. A five -year Schedule of Capital Improvements which must include both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a priority to be eliminated during the five -year period under the Schedule of Capital Improvements. 3. A realistic, financially feasible funding system based on currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the building permit and which public facilities are included in the five -year Schedule of Capital Improvements. 4. A five -year Schedule of Capital Improvements which must include the estimated date of commencement of actual construction and the estimated date of project completion. (III) 5. A five -year Schedule of Capital Improvements which must demonstrate that all actual construction of the road facilities is scheduled to commence in or before the third year of the five -year Schedule of Capital Improvements. 6. A plan amendment is required to eliminate, defer or delay construction of any road project which is needed to maintain the adopted level of service standard and which is listed in the five -year Schedule of Improvements. (11)(111) Policy 1.5.4: The County shall continue to implement a Concurrency Management System, as identified Division 3.15 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective 1.5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. 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F F @ ( / k k } \ \� \ \ 6 / cc LU ( / § § _ , , ` ` 4 §\ _ 4. ./ § - \ \ - - 0\ \ \ \ \ ) 0 \ \ 0 § � � \ ) ) ) ) \ \ \ \ \ \ \ \ k ( k k k ( k k ( \ ( k \ \ \g /\\ \ ROOM c�{{ O a R N O W 0 O fD N O N O Z v C A C v O T a N O N of r d E d O Z C O C d E '6 C m E Q C R .A O [`7 W U W N b J W C N r � Z W W j O ¢ w N a i LL J a G r m a U a w m Y m Y r z 0 z U O ¢ W r J O O J O Z O 'L U F U U 7 r ¢ Z W U v o w ° O r 0 O U C W r w J a i U c d c d E E � o � y A O W .� `_ ro u ¢ .0 ¢ 'o U ¢ C (J C C C 6 C 6 o IL C % 7 M r jp r 'O rU 'O U D Z LLL Q z LL a ¢ m U O w w m m m m W w p a U N �- 0 O fD N O N O Z v C A C v O T a N O N of r d E d O Z C O C d E '6 C m E Q C R .A O [`7 W U COSTS & REVENUES BY TYPE OF PUBLIC FACILITY) r 8 A 'll) In the table below, the left column itemizes the types of public facilities and the sources of revenue. The center column contains the 5 -year (FY02 -06) amounts of facility specific revenues. The right column is a calculation of expenses vs. revenues for each type of public facility. All deficits are accumulated as a subtotal. Below the subtotal deficit is the source of additional revenue that will be used by the County to fund the deficit in order to maintain the standards for levels of service listed in CIE Policy 1.1.5. COUNTY ROADS PROJECTS /EXPENSES $602,875,000 LESS Available Revenues: Gas Taxes $ 83,080,000 Road Impact Fees 150,000,000 Carry Forward /Grants /Misc. 61,277,000 Revenue Bonds 192,920,000 General Fund Transfer (FY 03) 4,200,000 Commercial Paper Loans 48,538,000 602,875,000 Deficit 0 DRAINAGE PLANS AND PROJECTS 18,808,000 LESS Available Revenues: SFW MD 326,000 FDEP 9,874,000 10,260,000 Naples 60,000 Deficit (8,548,000) WATER & SEWER SYSTEMS 155,422,000 LESS: Impact Fees /User Fees 155,422,000 Balance 0 SOLID WASTE/LANDFILL Balance PARKS & RECREATION LESS Available Revenues: 45,073,000 Park Impact Fees Bonds /Revenue 44,323,000 Boating Improvement Funds 750,000 45,073,000 Balance 0 (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE 32 8A PROGRAMS TO ENSURE IMPLEMENTATION Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in the Capital Improvement Element will be achieved or exceeded. (III) 1. Development Order Review As part of the review of all applications for final site development plans, final plats, and building permits, the County will determine whether or not there will be sufficient capacity of Category A public facilities to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders having negative impacts on Category A Public Facilities other than final site development plans, final plats, building permits, the County will determine whether or not sufficient capacity of Category "A" public facilities are planned for construction concurrent with the impacts on levels of service that will be created by the proposed development during the next five fiscal years. (III) 2. Impact Fees Impact Fee Ordinances will require the same standard for the level of service as is required by Policy 1.1.5. (111) 3. Annual Budget The annual budget will include in its capital appropriations all projects in the Schedule of Capital Improvements that are planned for expenditures during the next fiscal year. (111) 4. Semiannual Report The mandatory semiannual report to the Department of Community Affairs concerning amendments to the comprehensive plan due to emergencies, developments of regional impact and selected small developments will report on changes, if any, to adopted goals, objectives and policies in the Capital Improvement Element. (111) 5. Update of Capital Improvement Element The monitoring of and adjustment to the Capital Improvement Element to meet the changing conditions must be an ongoing process. Beginning in August of each year, the element will be updated in conjunction with the County's budget process and the release of the official BEBR population estimates and projections. The update will include: Revision of population projections; 2. Updates of facility inventory; 3. Update of unit costs; 4. Update of facilities requirements analysis to project 10 year needs (by fiscal year) in order to program projects to meet the service standards. 5. Update of revenue forecasts in order to evaluate financial feasibility and the County's ability to finance capital improvements needed to meet the Service standards 6. Revise and develop capital improvement projects for the next five years. The first year's schedule of projects will be incorporated into the County's budget effective October 1 st. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE 34 8A Update of the public school and health facilities analysis. (III) 6. Concurrency Management System The County has established a Concurrency Management System by adoption of the Adequate Public Facilities Ordinance, as amended. The system consists of the following components: (III) A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the capacity and levels of service of public facilities compared to the standards for levels of service adopted in Policy 1.1.5 of this Element. The AUIR summarizes the actual capacity of existing public facilities and forecast the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. The annual approval of the AUIR and the identified needed projects and revenues by the Board of County Commissioners constitutes evidence of the capacity and levels of service of Category A public facilities for the purpose of issuing development orders during the 12 months following the approval of the AUIR B. Public facility capacity review. The County shall use the procedures specified in Implementation Programs 1 and 6 to enforce the requirements of Policies 1.5.1, 1.5.2 and 1.5.3 of this Element. C. Review of changes in planned capacity of public facilities. The County shall review each amendment to this Capital Improvement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. D. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County -Wide public facilities are applied to development orders based on levels of service throughout the County. Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. Levels of service are compared to adopted standards on an annual basis. Annual monitoring is used, rather than case -by -case monitoring, for the following reasons a. annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b. annual monitoring covers seasonal variations in levels of service (III) 7. Second 5 -year Evaluation and Appraisal Report The required second 5 -year evaluation and appraisal report will address the implementation of the goals, objectives and policies of the Capital Improvement Element. The monitoring procedures necessary to enable the completion of the 5 -year evaluation include: (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 CIE 35 z a. Review of annual reports of the Concurrency Management System; Review of semiannual reports to DCA concerning amendments to the Comprehensive Plan; and Review of annual updates of this Capital Improvement Element, including updated supporting documents. CIE 36 COLLIER COUNTY GROWTH MANAGEMENT PLAN TRANSPORTATION ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 Symbol Date Amended ** October 28, 1997 (I) February 23, 1997 (II) May 9, 2000 (III) November 19, 2002 Ordinance No. Ordinance No. 97 -62 Ordinance No. 99 -13 Ordinance No. 2000 -32 Ordinance No. 2002 -60 8A ** This is the EAR -based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element- a Roman Numeral is not assigned. * Indicates adopted portions Note: the support document will be updated as current information becomes available. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 8A. LIST OF TABLES /MAPS /FIGURES MAP (111) TR —1' Financially Feasible Plan and Traffic Circulation Map- Year 2025. 19 (111) TR — 2' Total Transportation Needs Plan - Year 2025. 20 (111) TR — 3' Future Roadway Functional Classification and Multi -Modal Facilities 21 (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 m (III) A. FUTURE SYSTEM NEEDS (111) 1. Travel Demand The MPO Long Range Transportation Plan's Financially Feasible Plan and Needs Plan as adopted on March 23, 2001, are hereby incorporated to define the major roadway needs for Collier County. The 2025 Financially Feasible Plan is presented as Map TR -1 and shows the needed roadway improvements that can be funded through the year 2025. Map TR -2 shows the total projected roadway improvements needed by 2025. Note that the Financially Feasible Plan does not include all needs identified through the Urban Area Transportation Study. It only includes the projects that can be funded from reasonably anticipated revenues. While the total 2025 needs are estimated to require funding of approximately 1.7 billion dollars, the cost feasible plan reflects funding of approximately $1.5 billion. Based on recent efforts to treat transportation as a top priority, the Board of County Commissioners has committed to increase revenues so that future needs are fully met. As directed by the Board of County Commissioners, efforts are underway to develop measures to close the 0.2 billion dollar shortfall between the total needs plan and cost feasible plan through public /private partnerships such as reserving right of way and drainage. Appendix A presents the 2025 Transportation Plan resulting from the Urban Area Transportation Study prepared by the MPO as additional data and analysis. Map TR — 1 also serves as the Traffic Circulation Map that presents the number of lanes on Collier County Roadways in 2025. Map — TR 3 shows the functional classification of the roadways and the multi -modal facilities in the county. The refinement of these plans to incorporate updates to the MPO's Plan, development of a collector road system and results of corridor specific studies, shall occur on a regular basis upon approval of the Collier County Board of County Commissioners (BCC). (III) 2. Traffic Circulation Constraints In many parts of the Naples Urban Area, traffic circulation movements are constrained by the natural features of the landscape such as the Gordon River. Still other parts offer constraints of the man -made variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others not yet built) block the way of logical extensions of urban collector and arterial roads. The single most noticeable constraint is the Gordon River as it extends from the Naples Bay northward under the East Tamiami Trail (US 41) to its connection with the Golden Gate canal system. The characteristics of the highway network at this location resembles an "hour- glass ". On the western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge, while to the east, US 41 and Davis Boulevard do likewise. The result is the typical "bottleneck" effect when too much traffic volume is forced through a constricted area. The other contributing factor to current and future congestion problems is associated with the northwest/southeast configuration of the East Trail (US 41). Because this roadway converges with the east/west and north /south roadways at an angle it has the impact of forcing or "squeezing" the travel demand into the confined area of the Gordon River corridor. This one roadway serves both the north /south and the east/west travel demand in the East Naples area. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 Travelers at the southeastern corner of the Urban Area have only one route into the central City of Naples, i.e., the East Trail, whereas travelers in the northeast reaches of the Urban Area have a multitude of choices along the roadway grid for a route to downtown Naples. In developing plans for new and expanded roadways that make up the long range network, the County has kept in view these natural and man -made traffic circulation constraints. Even though environmental concerns are usually addressed through the permitting process, it is important to consider various highway alternatives in light of the sometimes fragile ecological features. (11)(111) 3. Five -year Capital Facility Program 2002 - 2006 Table 1 and Figure 1 present the Collier County Transportation Work Program for the FY 2002 — FY 2006 time frame. The improvements shown on this table and figure represent a sub -set of the needs identified in the Collier County 2025 Needs Plan (Map TR — 2) and are included in the current Capital Improvement Element (CIE) Schedule of Capital Improvements, as amended annually, for funding within the next five years. (III) 4. Future Traffic Circulation Map Series - Year 2025 Rule 9J -5.007 requires a map or map series that presents the following: number of lanes on each facility; roadway functional classification; and multi -modal facilities (ports, airports, and rail lines). Map TR — 1 (The 2025 Financially Feasible Transportation Plan) serves as the 2025 Traffic Circulation Map showing the number of lanes on Collier County Roadways. Map — TR 3 shows the 2025 roadway functional classification and _. the multi -modal facilities in the county. (111) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 8A . (III) B. INTERMODAL & MULTI -MODAL TRANSPORTATION 1. Non- Motorized Travel Today in Collier County, there exists the potential for an integrated network of bicycle and pedestrian facilities that would provide a safe, clean, healthy, and efficient opportunity for travel throughout the urban area. To help create a more balanced and livable transportation system, one that provides for bicycling and walking, Collier County has undertaken new roles and responsibilities not previously performed. The Collier County Comprehensive Pathway Plan, developed by the Naples (Collier County) Metropolitan Planning Organization (MPO) staff, was adopted by the MPO in December, 1994. The purpose of the Pathway Plan is to plan for the future needs of bicyclists, pedestrians and other non - motorized travel modes. The Plan is a tool to guide the MPO's Bicycle /Pedestrian Program within six essential areas: (1) establishment; (2) engineering; (3) education; (4) enforcement; (5) encouragement; and (6) economics. These interrelated areas address Collier County's non - motorized issues, constraints, needs and opportunities. The Pathway Plan is currently being implemented in Collier County. The Pathway Plan documents the extent of the existing pathway system. Many of the major highways have sidewalks incorporated into their design. It is a policy of this plan that all future capacity improvements described in this plan shall include provisions for both bicycles and pedestrians. In addition, the Subdivision Regulations of Collier County provide for bicycle and pedestrian facilities throughout a development. The 2020 Pathway Plan also provides for the systematic completion of an integrated system. It is a policy of this Plan that Collier County will annually adopt a 5 Year Pathway Work Program that establishes pathway priorities. The County, to the greatest extent possible, will identify state and federal funds and provide local funds for the implementation of the 5 Year Pathway Work Program. In addition to providing bicycle and pedestrian facilities, the County will encourage their use, and promote safe bicycle and pedestrian practices through the continued support and implementation of the Comprehensive Pathway Plan. (111) 2. Aviation Airport Master Plans were prepared for the Immokalee Regional Airport, Everglades Airpark, and the Marco Island Executive Airport. These plans provide insight as to existing facilities and conditions and make recommendations regarding potential opportunities and necessary future facilities at the three airports. a. Existing Facilities The development of separate master plans for Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport required the collection and evaluation of information relative to each of the airports and surrounding areas including the following: • Physical inventories and descriptions of facilities and services currently provided by each of the airports • Background information pertaining to aircraft fleet mix and historical activity levels • Regional plans and studies potentially affecting future airport development activity (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 .8A Immokalee Regional Airport: The airport is located on a 1,100 acre site in the north - central part of the County, approximately 40 miles northeast of Naples. Located on the northeast side of Immokalee, the airport is only one mile from the Central Business District. Primary access to the airport is via State Route 29 to County Route 846, which intersects with Airpark Boulevard to the south of the airport. Little development has occurred at the airport since its transfer of ownership in 1960 from the United States Government. Both landside and airside facilities are located at the airport. Landside facilities include the aircraft storage hangars, fueling facilities, etc. Airside facilities included at Immokalee are three runways, each 5,000 feet long and 150 feet wide. Taxiways are available as well. The airside facilities presently available provide for opportunities that are not available at other general aviation airports within the County. The three 5,000 foot runways and pavement strength provide operational capability exceeded only by Naples Municipal Airport. Additionally, only a portion of the 1,100 acres at the Immokalee Regional Airport is currently being used for airfield purposes. Large tracts of land remain available for future development of additional landside facilities and future economic development activity. Everglades Airpark: Everglades Airpark was initially purchased and developed by Collier County in 1968. The airport purchase was funded through monetary assistance provided by the Federal Aviation Administration, a National Park Grant, and Collier County. Little development has taken place since its opening, other than the required maintenance projects. Situated outside the boundaries of Everglades National Park and the Big Cypress National Preserve, the airport is surrounded on three sides by water. The airport is immediately surrounded by lands zoned as areas of environmental concern. Facilities at Everglades Airpark include a single runway that is 50 feet wide and 2,400 feet long, a taxiway, and runway lighting. Parking facilities, fueling and hangar facilities are also available. A terminal building /pilots lounge has been recently constructed, which provides a number of services. Marco Island Executive Airport: In the late 1960's, plans for a resort- oriented area south of Naples were conceived. Deltona, the developer of the Marco Shores project, determined that along with the upscale resort area, an airport was needed capable of accommodating small air carrier and general aviation aircraft. Construction of the airport began in 1972, and was completed in 1976. Through a land swap with the State of Florida, the County recently acquired the airport property in exchange for property within the Fakahatchee Strand. Existing airfield facilities include one runway, which is 5,000 feet long and 100 feet wide, a taxiway, various navigational aids, as well as airfield lighting. Automobile parking facilities are available adjacent to the terminal building. b. Future Potential Opportunities Immokalee Regional Airport: According to the Immokalee Regional Airport Master Plan, a number of factors support the notion that this airport could become a regional airline /aircraft maintenance base in the future. The length, width, and pavement strength of the existing airfield is capable of accommodating nearly all of the aircraft in the national regional airline fleet. There is ample open land available for future development of additional hangar space. 8 A '' The establishment of the airport in conjunction with the Southwest Florida International Airport as a Foreign Trade Zone (FTZ) could provide some opportunities for expanded air cargo operations. The Immokalee Regional Airport can offer space for industrial development and warehousing taking advantage of the FTZ. Such services could involve turbo -prop, business jet, or even smaller commercial jet activity. Additionally, the shipping of fresh produce from the airport may be a possibility. Considering the large agricultural base in the Immokalee area, specialty produce opportunities could be developed for movement by air to restaurants and retailers within the region, or nationally. The regional climate may offer an incentive as well for future flight training facilities. The weather in Southwest Florida is ideal for training operations. The airport has the land area available on site to support this type of operation and development of the necessary hangar and terminal facilities. Everglades Airpark: Land and environmental constraints at the Everglades Airpark provide little in the way of increased operations. The general intent of the Everglades Airpark Master Plan is demand -based rather than time - based. This means that reasonable levels of activity potential that are derived from this forecasting effort will be related to planning levels rather than dates in time. The demand levels, combined with airfield limitations suggest that the Airpark will continue to serve primarily single engine and twin- engine piston aircraft. The waters surrounding Everglades Airpark are currently utilized by seaplanes. The waters surrounding the Airpark provide a unique opportunity to increase seaplane operations, by providing daily sight- seeing flights and overnight excursions to coastal areas with campground facilities. Marco Island Executive Airport: According to the Marco Island Executive Airport Master Plan, Collier County Airport Authority should continue its efforts on operating the airport as an attractive, efficient, and safe facility. It was recommended that the Airport Authority continue to market and develop the airport as a facility to serve primarily corporate type aircraft indicative of the visitor and resident clientele of the Marco Island Area, and attract and maintain scheduled commuter service for the community. (III) C. Estimated Development Timelines And Costs The development timelines and costs are included in the Master Plans for each of the airports. The short term planning horizon covers items of highest priority as well as items that should be developed as the airport approaches the short term activity milestones. Priority items include improvements to safety and pavement maintenance. Also included, are improvements to facilities that are inadequate for present demand. Because of their priority, those items will need to be incorporated into County, State, and FAA programming. When short term horizon activity levels are reached, it will then be time to program for the intermediate term based upon the next activity milestones. Similarly, when the intermediate term milestones are reached, it will then be time to program for the long range. The cost estimates within each of the airport master plans were increased by 30% in order to allow for engineering and other contingencies that may be experienced by the project. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 5 8A . 2. Mass Transit (11)(111) a. Purpose Collier County initiated deviated fixed route service for public transportation on February 15, 2001. Private services offered in the County are fixed route "trolleys" which operate during the winter season in Naples and on Marco Island, and a network of para- transit providers that offer transportation services to the disadvantaged. The Transportation Disadvantaged (TD) program is coordinated by Collier County, which has been designated as the Coordinated Provider by the Naples Metropolitan Planning Organization (MPO). The TD services offer home pick -up and delivery transportation for the elderly, handicapped, and economically disadvantaged in the County. The "trolley" systems mentioned above are run primarily for the tourist segment of the population and have fixed routes that visit the major shopping, beach and hotel interest points. (III) b. Future System Needs On August 3, 1999 the Board of County Commissioners adopted the Public Transportation Development Plan (PTDP), and agreed to become the Governing Agency for Transit in Collier County. The PTDP contains estimates of un -met need in Collier County, both for the existing TD services, and for general public transportation. It contains planning level discussions on demand centers, route locations, vehicle sizes and types of services. The Public Transportation Operating Plan (PTOP) was adopted by the MPO on December S, 2000 and by the Collier County Board of County Commissioners on January 9, 2001. The PTOP, and future updates, are hereby incorporated by reference. Other services proposed in the start up public transportation system are a vanpool program, circulator service in Immokalee, an Immokalee to Naples shuttle service, and a Commuter Assistance Program. Although the PTPD final report suggested the need for numerous public transportation services in Collier County, the scale and growth rate of the initial system was such that no local funding contribution was predicted to be required until fiscal year 2006. This situation is the result of gradual changes in the requirements for local matching funds that accompany state and federal grant funds. Collier County is already spending funds on public transportation that meet the match requirements. C. PERSPECTIVES (III) 1. Land Use Issues The Transportation Element is closely related to the Future Land Use Element. It has long been the pattern that the development of land necessitates improvements and expansion to the transportation system. The two elements are so closely tied, in fact, that changes or shifts in the land use patterns can drastically impact the performance of (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 8A the roadway system. It is for this reason that the County requires most land development proposals (e.g., DRI, rezone, and provisional use requests) to submit a Traffic Impact Statement. An analysis of the proposal's impact is prepared and submitted to the recommending and approving authorities. As an alternative to this pattern of demand driving the transportation system improvements, the County has begun to explore ways to have the roadway system guide the patterns and densities of development. The County can determine the type of roadway system it wishes to maintain at the adopted level of service and then take steps to permit the type of land uses that will be consistent with that system. In this way, the County will be in a better position to keep the demand for transportation services from outstripping the supply of the roadway system. The County has also recognized the importance of good site planning as it relates to a projects ingress and egress from the major roadway system. Inadequate control of access points, median openings and signalized intersections can accelerate the deterioration of the systems overall level of service just as fast as the increases in traffic volumes. The County has developed and adopted policies to control the number, location and type of access points to the road network. These policies are based on the Collier County Access Management Policy (Resolution No. 92 -42) and follow -up Resolution No. 01 -246, and existing road and land use conditions. An access management plan map exists for each mixed -use activity center. The purpose of the access management plans is to minimize the adverse impacts to safety, capacity and operating conditions of the roadways, while providing adequate access to those properties. Access points on state controlled roads are subject to approval by the Florida Department of Transportation. 3. Marco Island Airport Impacts The Marco Island Airport, located east of SR -951 approximately 4.5 miles south of US 41 is a facility having a runway length of approximately 5,000 feet. Access to the facility is from SR -951 via Mainsail Drive. The facility currently provides only general aviation services to the southern urban area. Adjacent to the air strip is the Marco Shores Golf Club Community consisting of a golf course and a phase one residential area of 240 condominium units. All other lands surrounding the facility are under State ownership and are environmentally sensitive. Peak season -peak hour traffic counts taken in 1988 at the intersection of Mainsail Drive at SR -951 reveal 120 vehicles using Mainsail Drive during the period of 8:00a.m. and 10:00a.m. This count would include both residential and airport generated traffic. A 1985 analysis of Marco Island Airport operation is part of the Continuing Florida Aviation System Plan indicates the following current conditions: In 1994, Marco Island Airport had approximately 30 based aircraft with 15,000 annual general aviation operations. By 2005, the facility is expected to have 35 based aircraft and 21,000 annual operations. The airport has been served by regional airlines in the past. If commercial commuter service was ever resumed it could be expected to generate an additional 8,000 operations per year by 2005. The current limited use of this publicly owned facility places no significant impact on SR -951. 7 • (III) 3. Inter- agency Coordination Cooperation In Collier County, the responsibility for providing transportation facilities rests with several different agencies. Long -range transportation planning is the primary charge of the Naples (Collier County) Metropolitan Planning Organization (MPO). The MPO staff is housed in the Transportation Services Division, Transportation Planning Department. The Collier County Transportation Planning Department provides staff services to the MPO. The MPO coordinates its planning activities with the City, County, and State Department of Transportation. The programming and construction activities are handled by the City of Naples, City of Marco_Isiand, Collier County, and the Florida Department of Transportation. Each agency's construction programs are monitored by the MPO to ensure inter - agency consistency. 4. Funding of Roadway Improvements In Collier County the pursuit of additional funding for roadway improvements has led to the implementation of numerous funding alternatives. The County has adopted the maximum allowable local option gas taxes in addition to a one -cent voted gas tax. Impact fees for roadway construction were initiated in 1985 and up -dated in 2000, and 2002. Municipal Service Taxing Units have been used to implement area specific projects. On the State level, local governments through the Metropolitan Planning Organization have directed their attention to the under - funded State roads in Collier County. One of the MPO's roles is to ensure that local governments in its jurisdiction direct equitable state and federal funding to the highest priority projects. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60D. 8A (III) D. IMPLEMENTATION STRATEGY As part of the Transportation Element, the County established minimum acceptable level of service standards on the existing highway system. For County facilities, the level of service standard to be maintained is "D" or "E" as measured on a peak hour basis. Several County and State facilities have been given a minimum LOS "E" standard. To maintain the adopted LOS on roadways, the County has implemented a concurrency management regulatory program that ties issuance of development orders to the demonstration of adequate capacity on all roadway segments that would be significantly impacted by new development. In summary this program maintains an inventory of the following for each arterial and collector roadway segment: • Actual traffic on each segment as determined through an annual traffic counting program, • The peak hour service capacity as determined by engineering analyses performed by the Transportation Division, and • Capacity that will be used by new development for which a Certificate of Adequate Public Facilities has been issued. In order to prevent sudden unanticipated LOS failures, the County will adopt, within one year or sooner, a "real time" "checkbook accounting" concurrency management process. See the Adequate Public Facilities Ordinance (Division 3.15 of the Land Development Code) for details of this process. (III) 1. Monitoring Division 3.15 of the Land Development Code is also known as the Collier County Adequate Public Facilities Ordinance (APFO). It describes the annual count program done on County roads to determine their annual average daily traffic (AADT). It describes how the relationship between that AADT and the segment's adopted level of service (LOS) standard determines the road segment's level of service. The current levels of service at which road segments are operating are reported annually in the Annual Update and Inventory Report (AUIR). This report indicates which segments are operating at levels of service worse than their adopted standard LOS. It also contains predictions of when certain segments will reach levels of service that exceed their adopted standard LOS. Although traffic volumes are expressed as AADT, LOS calculations are done to ensure adequate levels of service. Peak season, peak hour traffic conditions are skewed in Collier County because of the heavy influx of seasonal residents and tourists. As such, it is deemed an inappropriate and unreasonable imposition on taxpayers to provide a roadway system designed for the peak of the peak season. Therefore, the LOS calculations are based on traffic conditions experienced for 10 months of the year with the peak seasonal and tourist months of February and March omitted from the analysis. (III) 2. LOS Determination And BCC Findings The annual average daily volumes will be calculated and the peak hour volume interpreted based upon the available data consistent with omitting February and March tourist months from the analysis. The Transportation Division shall maintain and update a list of all roadway segments, for which a level of service standard has been adopted, that shows the current LOS as well as the adopted LOS standard found in this plan. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 8 A 00 If the volume of traffic of any segment is found to exceed its adopted LOS, a report of the Division's findings will be transmitted to the Board of County Commissioners. The APFO describes the consequences of a road segment operating at a LOS that exceeds its adopted LOS standard. 2.1 Constrained Roadways Constrained facilities are roadways which have been designated by action of the Board of County Commissioners once it has been determined that the facility will not be expanded by two or more through lanes due to physical, environmental or policy constraints. Physical constraints primarily occur when a roadway is developed to the maximum six lane standard or when intensive land use development is immediately adjacent to roads, thus making expansion cost prohibitive. Environmental and policy constraints primarily occur when decisions are made not to expand a road based on environmental, historical, archaeological, aesthetic or social impact considerations. Constrained roadways are identified by action of the BCC upon the recommendation of the Transportation Administrator. Roadways identified as constrained shall be subject to growth restrictions such that further LOS degradation does not occur once the roadway is determined to be operating below Level -of- Service standard. Constrained roadways are subject to growth restrictions that only allow for an increase in annual daily traffic volume of 10% above the service volume at Level -of- Service standard resulting in LOS operations not to exceed 110% of service volume. If the service volume is exceeded by 10 %, only de minimis growth could be applied to the roadway segment. (111) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 10 0 1 • E. GOALS, OBJECTIVES AND POLICIES GOAL 1: TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOTH THE MOTORIZED AND NON - MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. (11)(111) OBJECTIVE 1: The County will maintain the major roadway system at an acceptable Level of Service by implementing improvements as identified in the annual AUIR or by working directly with other responsible jurisdictions to implement needed improvements to their facilities. Policy 1.1: The County will annually adopt a Schedule of Capital Improvements covering a period no less than five (5) years, which shall include those projects needed to maintain the network at the adopted Level of Service standard. Policy 1.2: The County shall annually appropriate the funds in the ensuing fiscal year to accommodate those phases of projects listed in the first year of the Schedule of Capital Improvements. Programming decisions are based on the AUIR, and annually incorporated in the Schedule of Capital Improvements in the CIE. (11)(111) Policy 1.3: County arterial and collector roads as well as State highways not on the Florida Intrastate Highway System (FIHS) shall be maintained at Level of Service "D" or better as addressed in_paragraph G -1 of the Transportation Element except: Level of Service "E" or better shall be maintained on the following designated roadways. Roadway From To Airport - Pulling Road Pine Ridge Road Golden Gate Parkway Golden Gate Parkway Goodlette -Frank Road Goodlette -Frank Road Pine Ridge Road US 41 Airport - Pulling Road Airport - Pulling Road Davis Boulevard Golden Gate Parkway Livingston Road Vanderbilt Beach Road Airport - Pulling Road Pine Ridge Road Golden Gate Parkway US 41 Collier Boulevard US 41 Pine Ridge Road US 41 US 41 Golden Gate Parkway US 41 Santa Barbara Boulevard Golden Gate Parkway US 41 Logan Blvd. Old US 41 Golden Gate Parkway Vanderbilt Beach Road Airport- Pulling Road Airport- Pulling Road Radio Road Gulfshore Drive Level of Service "D" or better shall be maintained on all other county and state arterial and collector roads. The Collier County Transportation Division shall determine the traffic volumes that correspond to the different LOS thresholds on county roads. The Transportation Division (111) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 11 8A shall install, as funds permit, permanent traffic count stations to better identify traffic characteristics of county roads. Based on the traffic count data the Transportation Division shall develop a financially feasible Roads component for the Capital Improvement Program of the CIE. (11)(111) Policy 1.4: Collier County sets and adopts the LOS standards for State Roads with the exception of those on the Florida Intrastate Highway System (FIHS). In Collier County FDOT sets the LOS standards for I -75. The standards for I -75 are as follows: Existing Transitioning Rural Area Urbanized Area Urbanized Area 1-75 B C C OBJECTIVE 2: The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. Policy 2.1: The County shall include in its Schedule of Capital Improvements in the Capital Improvement Element those projects necessary to maintain the adopted Level of Service on the roads identified on the Five (5) Year Work Program. (11)(111) Policy 2.2: The County shall annually appropriate the funds necessary to implement those projects shown in the (first year) of the Schedule of Capital Improvements. OBJECTIVE 3: The County shall provide for the protection and acquisition of existing and future right -of -ways. Policy 3.1: The County has implemented an advanced Right -of -Way Preservation and Acquisition Program. (III) Policy 3.2: The County includes in its annual Capital Improvement Element funding specifically earmarked for use in an advanced Right -of -Way Acquisition Program. Studies shall be conducted periodically to identify the long range right -of way needs of the transportation system based on buildout. Following their, completion, the Transportation Administrator will present a program of funding in actions to protect and acquire needed right -of -way. (11)(111) Policy 3.3: The County shall acquire sufficient amount of right -of -way to facilitate no less than a cross section of (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, and shoulder sufficient for pull offs and landscaping areas. Exceptions to the right -of -way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build -out will be less than the standard. (111) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 IPJ 8A (III) Policy 3.4: Collier County shall acquire rights -of -way for transportation improvements in fee simple, unless otherwise determined appropriate by the BCC based upon recommendation of the Transportation Administrator. OBJECTIVE 4: The County shall provide for the safe and convenient movement of pedestrians, and motorized and non - motorized vehicles through the implementation of the Collier County Comprehensive Pathway Plan. Policy 4.1: The County shall, incorporate the Collier County Comprehensive Pathway Plan by reference and update the Plan as needed. (11)(111) Policy 4.2: The County shall provide for support services, and resources within the Collier County Metropolitan Planning Organization to coordinate the Bicycle /Pedestrian Program. (11(III) Policy 4.3: The County shall provide an interconnected and continuous bicycle and pedestrian system by making the improvements identified on the 2020 Pathway Facilities Map series as funds permit. The County's pathway construction program should be consistent with the Comprehensive Pathway Plan. The Pathway Advisory Committee shall, to the maximum extent feasible, provide recommendations on the choice of projects to be included in the pathway construction program, and the order in which they are constructed. Policy 4.4: The County shall annually adopt a 5 Year Pathway Work Program which establishes pathway priorities to retrofit existing streets to accommodate bicycles and pedestrians. Policy 4.5: The County shall, to the greatest extent possible, identify state and federal funds and provide local funds for the implementation of the 5 Year Pathway Work Program. (III) Policy 4.6: The County shall provide for the safe movement of motorized vehicles through implementation of its Land Development Code and highway design standards ordinances and shall incorporate both bike lanes, sidewalks and pathways as deemed appropriate in new construction and reconstruction of roadways. (III) Policy 4.7: The County shall incorporate bike lanes in roadway resurfacing projects as is physically possible and will not result in a safety or operational problem. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 13 8A (III) Policy 4.6: The County shall follow the most current bicycle and pedestrian facilities design and construction standards developed by the Florida Department of Transportation to the extent which is physically and safely possible. OBJECTIVE 5: The County will coordinate the Transportation System development process with the Future Land Use Map. (III) Policy 5.1: The County Commission will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and /or projected to operate at an unacceptable Level of Service within the five year planning period, unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact shall use the following to determine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5% of the adopted LOS standard service volume. (Ili) Policy 5.2: Project traffic that is less than 1 % of the adopted peak hour service volume represents a de minimis impact. (III) Policy 5.3 The County will conduct a Traffic Impact Vesting Affirmation Review over the next year to determine which developments are vested for concurrency, the schedule of when these developments will be built and the magnitude of traffic that will be generated by these developments. During this process of vesting affirmation, revisions to approved final site development plans and final subdivision plats that decrease the impact of the development through such methods as reducing density, making additional provisions for mixed use development to capture trips or providing additional transportation system interconnections may be considered without risking vested status. OBJECTIVE 6: The County shall coordinate the Transportation Element with the plans and programs of the State, Region, and other local jurisdictions. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 14 • MUNT (II) Policy 6.1: The Transportation Element shall incorporate to the greatest degree possible, the long range plans of the Collier County Metropolitan Planning Organization. (III) Policy 6.2: The Transportation Element shall consider any and all applicable roadway plans of the City of Naples, City of Marco Island, Florida Department of Transportation, Southwest Florida Regional Planning Council and Lee County. (III) Policy 6.3: The Transportation Element shall be consistent in its interface into the arterial /collector system within the City of Naples and the City of Marco Island. Policy 6.4: The Transportation Element shall consider the State's adopted Five (5) Year Work Program, the Florida Transportation Plan, and the State Land Development Plan. (II) (111) Policy 6.5 The Collier County MPO's adopted Long Range Plan has identified a need for an interchange at 1 -75 and Golden Gate Parkway and a grade separated overpass at Airport Pulling Road and Golden Gate Parkway. The above projects are now in the MPO Transportation Improvement-Program along with the six - laning of Golden Gate Parkway. The County shall insure that the three projects mentioned above will be fully coordinated in timing and design. OBJECTIVE 7: The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on -site traffic circulation. (III) Policy 7.1: Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system's capacity and integrity. Policy 7.2: The County shall require the submission of a neighborhood traffic impact assessment as a part of all rezone and conditional use applications. This study will analyze the proposed project's impact on surrounding neighborhood streets. Policy 7.3: The County shall implement, through its Zoning Ordinance, the provision of safe and convenient on -site traffic flow and the need for adequate parking for motorized and non - motorized vehicles as a primary objective in review for Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development applications process. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 15 • 8A (III) Policy 7.4: The County shall develop corridor management plans that take into consideration urban design and landscaping measures that will promote positive development along the major arterial entrances to the urban area. Such plans shall take into account the Community Character Plan and the initiatives of Smart Growth as the Board of County Commissioners may annually appropriate funding for these plans. (III) Policy 7.5 The County shall develop Corridor Access Management Plans. Such plans shall be designed to make median modifications and other operational improvements, including removal of traffic signals, necessary to recapture lost capacity and enhance safety. OBJECTIVE 8: The County shall establish and maintain a " Concurrency Management System" for the scheduling, funding, and timely construction of necessary road facilities. (III) Policy 8.1 Each year, the county will use short term projections of previous years' traffic volume growth to estimate the year in which LOS deficiencies will occur on county roads. This information will be used to prepare the annual update of the county's schedule of Capital Improvements in a manner that ensures the maintenance of concurrency on road facilities. (III) Policy 8.2 Pursuant to Chapter 163.3180 F.S., and in accordance with the Collier County Adequate Public Facilities Ordinance (Land Development Code Division 3.15), development proposals shall be required to submit traffic impact analyses. (III) OBJECTIVE 9: The County shall encourage neighborhood involvement and safe and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, not classified as arterials or collectors through the implementation of the Collier County Neighborhood Traffic Management Program (NTMP). Policy 9.1 The County shall incorporate the Neighborhood Traffic Management Program by reference and update as needed. Policy 9.2 The County shall provide for support services, resources and staff to coordinate the Program. (III) Policy 9.3 The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. Policy 9.4 The County shall define on a project by project basis, the acceptable amount of rerouted traffic as a result of a traffic management project (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 16 • Policy 9.5 The County shall route through traffic to the major roadways designated in the Transportation Element of the Collier County Growth Management Plan. Policy 9.6 The County shall review impacts on emergency vehicle access or response time to neighborhoods. (III) Policy 9.7 Roadways identified as collector or arterial facilities are not eligible for the NTMP. (III) Policy 9.8 The County shall consider a variety of traffic calming devices to achieve the NTMP'S objectives for a project. Such traffic calming devices shall be planned and designed in conformance with sound engineering and planning practices. Primary funding for such plans shall come from the local funding initiatives such as MSTUs or MSTBUs for the area to benefit from the traffic calming. Policy 9.9 To implement the NTMP, certain procedures shall be followed in processing neighborhood traffic management requests in accordance with applicable codes and related policies and within the limits of available resources. At a minimum, the procedures shall provide for: - submittal of project proposals; - evaluation of proposals by staff; - citizen participation in plan development and evaluation; - methods of temporarily testing traffic management plans when needed; - communication of any test results and specific findings to area residents and affected neighborhood organizations before installation of permanent traffic calming devices; and appropriate County Commission review. OBJECTIVE 10 The County shall encourage safe and efficient mobility for the rural public. Policy 10.1 The County shall develop a program to examine the maintenance and operational needs of the rural roadway system. This program will address the mobility needs of the rural resident to include the availability of roads for rural -to -urban travel, as well as for hurricane evacuation purposes. Policy 10.2 The County shall continue to improve transit services for the Transportation Disadvantaged in the rural areas through the Community Transportation Coordinator (CTC). (II) Policy 10.3 The County shall incorporate herein by reference the Corridor Management Plan for the (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 17 8A Tamiami Trail Scenic Highway, which formed part of the application for Scenic Highway designation authorized by the Board of County Commissioners on November 3, 1998. OBJECTIVE 11 The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities Policy 11.1 The County shall incorporate by reference the Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport Master Plans. Policy 11.2 The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master plans. OBJECTIVE 12: The County shall encourage the efficient use of transit services now and in the future. (II) Policy 12.1: The Collier County Metropolitan Planning Organization, through the Transportation Disadvantaged Program shall assist the local community transportation coordinator in the implementation of the most efficient and effective level of service possible for the transportation disadvantaged. (11)(111) Policy 12.2: The County Transportation Division and the Collier County Metropolitan Planning Organization shall coordinate the development and maintenance of transit development plans with the Florida Department of Transportation. (11)(111) Policy 12.3 Collier County shall be the managing authority of the Collier Area Transit (CAT) system. Policy 12.4: The County shall, in recognition that the potential for public transit service between Bonita Springs in Lee County and Naples exists, consider any intergovernmental efforts necessary. (II) Policy 12.5: The County shall participate in the MPO planning process through an interlocal agreement with the City of Naples and the City of Marco Island, and in a Joint Participation Agreement with the FDOT. (III) Policy 12.6: The County will participate in the MPO planning process as a voting presence on the MPO Board and the Technical Advisory Committee (TAC). Policy 12.7: Following the adoption of any transit development plan, the County shall initiate the development of transit right -of -way and corridor protection strategies, including ordinances and policy additions. (III) = Plan Amendment on November 19, 2002 by Ordinance No. 2002 -60 18 TR - 1 ! 8A COLLIER COUNTY 2025 LONG RANGE FINANCIALLY FEASIBLE PLAN Rd v3 a I� r �s1 m Ba eR esa mmekalae 0 � � m. m A at ell ie N R o Rd Delve Blvd I R es eH ack Rd p y ? s n T� I a 2 - Lanes ra.F N4 - Lanes P 6 -Lanes VL), 8 - Lanes Interchanges IrWater Bodies n �' Interstate Highway f 6' Roads Q US Highway�yrn Ij County Boundary 4 1 t r 'T S 2 0 2 4 Mlles 9 l 20 h E -. r, TR -2 8A • COLLIER COUNTY 2025 LONG RANGE NEEDS PLAN s LEE ec)W ri LINE N � l w 2 -Lanes N4 - Lanes 6 - Lanes t t' 8 - Lanes Water Bodies Interstate Highway Roads 4(r' Q US Highway $AP i 2 _ I C O ounty -� unda4 'Miles 21 m m6 Y m_ • CR 658 m 8 m m m 3 n m <n IL Q W Q J V J Q Z O M � V Z H � H Z O 0 OC W J O V • ox Fgure Sunnnar �heet Construction Schedule FY02 FY03 FY04 FY05 FY06 2002 2003 2004 2005 2006 Description Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 atr2 Otr3 Qtr4 Q[rt Qtr2 atr3 Qtr4 Qtrt Qtr2 Q03 Qb4 Qtr1 Qtr2 Qtr3 Qtr4 Livingston Rd. Phase II (Golden Gate Pkwy. to Pine Ridge) Livingston Rd. Phase III (Pine Ridge Rd. to Immokalee Rd. Livingston Rd. Phase IV ( immokalee Rd. to Lee County Line Immokalee Rd.(CR 951 to 43rd Ave. N. Golden Gate Pkwy ( Livingson Rd. to 66th St. and 60th to Santa Barbara Blvd. Goodlette -Frank Road (Pine Ridge Road to Vanderbilt Beach Road Vanderbilt Beach Road (Airport Pulling Road to Collier Boulevard Santa Barbara Boulevard /Logan Blvd. (Davis to Pine Ridge Road Immokalee Road US 41 to 1 -75 County Barn Road (Davis Blvd. to Rattlesnake Hammock Road Golden Gate Parkway Grade Separted Overpass (Bears Paw to Livingston Rd. Immokalee Road /1 -75 Interchange Rattlesnake- Hammock Road(Polly Ave. to Collier Blvd. Collier Blvd. (Golden Gate Blvd. to Immokalee Rd.) 13th Street SW Improvement (16th Ave. SW to Golden Gate Blvd. Collier Blvd. (Davis Blvd. S. to US 41 Goodlette -Frank Road (Pine Ridge Road to Golden Gate Parkway) Represents actual Construction schedule. Encumbrances of funds and lettings typically 30 to 60 days prior to start-up construction. _ Recently Completed Projects: Livingston Rd. Phase 1 (Radio Rd. to Golden Gate Prky), Pine Ridge Rd. (Airport Rd. to Logan Blvd.), Immokalee Rd. (1 -76 to Collier Blvd.), Airport Rd.(Pine Ridge Rd. to Vanderbilt Beach Rd.), Golden Gate Blvd. (Collier Blvd. to Wilson Blvd.). Updated Oct. 03, 2002 23 0 Name Proposed Transportation 5 Year Work Program - FY03 Revisions �J (Dollars shown In Thousands) v FY02 I I FY03 I I FY04 I I FY05 I I FY 06 Golden Gate Blvd/951 - Wilson 7,864 R/CA 7,884 Pine Ridge Road(Alrport -Logan 4,809 CA 4,809 Livingston Road/GGPKWY -Ratllo 105 GI 105 Immokslee Rd/CR951 - Wilson -43rd 30,900 D /R/M /C 3,675 34,575 Immok RdA75 -CR951 5,306 CA 500 D 5,806 Livingston Ro8d1GGPKWY -PRR 13,094 RICA 25 13,119 Livingston Road1PRR -IMMK 25,918 R/C/I 1,260 250 27,42B Golden Gate Pkwy /Nrport-SBB 1,225 D /R/1 14,632 CA 15,857 Golden Gate Pkwy Overpass 1,800 29,974 CA 625 CA 200 C11 32,599 Livingston Road NAmmk - Imperial 11,452 D /R/I1C 400 11,852 Vanderbilt Bch Rd/Alrport -CR951 2,113 D /RA 24,384 CA 500 CA 500 CA 27,497 Immokelee RdA1S41.175 7,874 D/R 27,500 CA 500 CA 250 CA 36,124 CR951 Collier Blvd.Ammk Rd -GG BI 250 AM 79500 C/C 500 CA 2,700 R 5,005 15,955 Radio Road- Alrport- Livingston Rd 25 S 250 AM 275 EAN Livingston Rd/Old 41 -N/S LR 2,500 R 2,500 Goodlette Frank RtlNBR - PRR 15,473 R/CA 1,250 250 CA 16,973 Logan Boulevard/PRR to IMMK - 250 S 400 D 4,000 R 4,650 Santa Barbara Blvd/PRR - Davis Sly 4,934 D/R 7,122 30,125 CA 500 250 42,931 Radio Road Intersection 1,806 C 1,806 Radio Rd -LR -Santa Barbara 25 S 250 S 300 D/M 2,000 C 2,575 Livingston Road Extension TBD - 600 DAVC /I 10,000 R 10,600 CR951 Collier Blvd/Davis Blvd- GGPKWY 1,900 D 1,900 Goodlette Frank Rd/PRR- GGPKWY 200 S 1,000 D 1,200 County Barn Road/Davis - CR864 226 D/R 1,215 RIM 11,300 C11 250 12,991 Goodlette Frank Rd/Immk - VBR 1,200 D 5,000 R 6,200 Vanderbilt Beach Rd/CR951- Wilson 300 S 3,000 D 3,300 Green Blvd Ext Liv - CR951 400 S 3,500 D 3,900 Immokalee Rd Oil Well to SR29 1,800 S 3,500 D • 5,300 Vanderbilt Drive Wigg - BBR 1,000 D 6,500 R 7,500 Rattlesnake Polly to CR951 6,800 D/M/CA 1,100 R 7,900 Davis - Radio to CR951 1,100 D 7,100 R • 8,200 10% Contingency 3,048 2241 488 2465 8,262 144,721 108,061 86,815 55,706 83,270 478,573 Total Base Operations & Maintenance Bridge RepalrsAmprovements 47 50 50 50 50 247 Major Intersection Improvements 971 1,000 1,000 1,000 1,000 4,971 Intersection Safety/Capacity Impro 1,000 750 750 750 750 4,000 New Traffic Signals 820 750 750 750 750 3,820 Shoulder Safety Program 40 50 50 50 50 240 Pathways/Sidewalks Bike Lanes 523 50 50 50 50 723 Subtotal Base Operations & Malmen 3,401 2,650 2,650 2,650 2,650 14,001 Impact Fee Credits Threshold 1 2,000 2,000 2,000 2,000 1 2,000 10,000 Subtotal Enhanced O & M Collector Roads/Minor Arterial Rot Advanced ROW Total Funding Request All Funds Total Revenue + Carry Forward New Debt Service Work Plan + Debt Service BCC Dec. Approved Work Program Variance from Appvd/Revised Kay., S = Study D = Design M = Mitigation C = Construction 1 10,148 6,600 6,600 6,600 6,600 159,670 106,572 93,490 36,305 50,430 2,661 14,739 6,575 32,651 46,090 R = ROW E = Exflitratlon AM = Access Management • = Advanced Reimbursement 24 36,548 446,467 102,716 a 3 m • B F 3.C➢ z� or c B R r A O 2 K 8 2 c 'o yY A ri 0 K A A n Ba" 3 C 6 k F n F S F m S S S 9 tl 6� 0 F O O C O O O O C O C C O O O O A C C O O °0 0 0 0 0 0o A o n v o o n' n n o s o v o n p pn Q "te y L F F F - nC N K � 7 R Q R f boo nP o 8 g 8 P n� n~ 8 B & 'f B F 3.C➢ z� or c B R r A O 2 K 8 2 c 'o yY A ri 0 K A A n Ba" 3 C 6 k a E F a s s 8A E n S' a' I R' la �� . n e$ 6- 3C i G a i A E F z d 8 6 G k - 5 6 G E S M x _ F �r q Fj ,FeCq RFF A P Q A � P E RF c 181181 cv o °o o i 0 -11-1 0 pp y yy QQ 3 $$$ iyy E . g 8 8 8 g b 8 8 S ^6 b 8 o a >1 III n o n 1 n o v I G ' s - s "s s os - t E n S' a' I R' la �� . n e$ 6- 3C i G a i A E F z d 8 6 G k w r R f H 8A a 3 I.fa. �p `ag S8 J, I® Q� 4 p� A E 0 n A C i 8 r` °o Y O yK M 'o .Aa b n Y 8 G R °v v` c °o s 8 R p A i O O O v O O O n n n h O n O v. e _ o 0 O ? n yy py 3 3 FF 3 u. S �o o� K n K a 3 I.fa. �p `ag S8 J, I® Q� 4 p� A E 0 n A C i 8 r` °o Y O yK M 'o .Aa b n Y 8 G R R E 3 i i K 8 I 8A _ $ _ _ & _ P _ _ _ $ 8 8 Y 3 - 8 ww m P P C c I I c c n n o 0 0 o n n n n v v v v v v v v 8§ 8 9 8 `8 9 s s 8 9 9 g i s s g� s a `8 t 1 - 8 r v n n n v c c n I a RIF F F F x F. i NI I I I i I i i 1 Ts-- � art d Y. n L .a8 im E y� K 6 e I • • l e SAO agg„ fg8 �_8 0r 8 yg3G 6 0 n z Y g z i 0 K M A D A S s s 0 6 Bill IN slim I ME M E liiiinill oil e SAO agg„ fg8 �_8 0r 8 yg3G 6 0 n z Y g z i 0 K M A D A S s s 0 6 ]I 0. e °. 8 S 2' "s 's' R 0 8A �"� n y z B a B c c 8A COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Sanitary Sewer Sub - Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Sanitary Sewer Sub - Element Symbol DATE AMENDED ORDINANCE NO. ** October 28, 1997 Ordinance No. 97 -58 (I) October 22, 2002 Ordinance No. 02 -54 (II) February 11, 2003 Ordinance No. 03 -07 (III) June 19, 2002 ** *Ordinance No. 02 -32 (IV) September 10, 2003 Ordinance No. 03-44 ** The above Ordinance No. 2002 -32 was adopted on June 19, 2002. However, due to legal challenges, it did not become effective until the Florida Department of Community Affairs issued its Final Order on July 22, 2003. ** This is the EAR -based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. Indicates adopted portions Note: The support document was completely updated with the adoption of Ordinance No. 2003- 44. That update was prepared by Greeley and Hansen, Consultants to the Collier County Public Utilities Engineering Dept. The support document will continue to be updated as current information becomes available. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 8A V. GOALS,OBJECTIVES AND POLICIES GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES (1)(IV) OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and /or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. (IV) Policy 1.1.1: Continue the development of the Collier County Water -Sewer District consistent with the Capital Improvements element to provide for future growth. (1)(III)(IV) Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries map (Figure SS -1); the Existing and Future Sewer Service Areas map, which includes the Rural Transition Water and Sewer District (Figure SS -2); the Rural Transition Water and Sewer District — Mirasol map (Figure PW -2.1 in the Potable Water Sub - element); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and Compact Rural Developments one hundred (100) acres or less in size may be served by central sewer facilities; Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central sewer facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central sewer facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent wastewater authority, or some other non - County utility provider. For the purposes of this policy and policies 1.1.4, 1.5.1,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central sewer facilities includes decentralized community treatment systems; and, innovative alternative wastewater treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 25 8A A decentralized community wastewater system shall not exceed a design capacity of 10,000 gallons per day, shall provide an advanced secondary level of treatment, and shall be operated by a public or private entity with responsibility for operations and maintenance in accordance with applicable regulations. System facilities on individual lots or parcels shall have a utility easement to allow for access and maintenance of the system by the operating entity. The system shall be designed to meet the adopted level of service standards set forth in Policy 1.2.1 of this Sub - Element. (IV)Policy 1.1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, the County will establish and implement a program requiring that private sector sanitary sewer service utilities establish and file with the Collier County Utilities Division an annual statement of their policy and service criteria, including level of service provided, consistent with the goals, objectives and policies of this Plan, for the expansion and /or replacement of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. Also, County Ordinance 80 -112 requires any new development connecting to private STP submit capacity availability information with building permit applications. (111)(IV)Policy 1.1.4: Permit development of package sewage treatment plant systems in areas identified in Policy 1.1.2, on an interim basis until County service is available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County sewer service becomes available, said septic systems will be required to connect to the County regional system. (1) Within the Rural Lands Stewardship Overlay, consistent with policy 1.1.2: septic systems are permitted within Hamlets; septic systems may or may not be permitted in Compact Rural Developments one hundred (100) acres or less in size, depending upon the permitted uses in the Compact Rural Development; and, septic systems are not permitted in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size. However, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Policy 1.1.5: Continue enforcement of ordinances requiring connection of existing and new development to central sanitary sewer systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88 -4. Policy 1.1.6: The County will give planning and budgetary priority to regional sanitary sewer system projects which will provide the means for phase out and connection of existing package sewage treatment plants and areas of high concentrations of septic tanks where such facilities may reasonably be expected to adversely affect public health and safety or the environment. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 26 8A (IV) Policy 1.1.7: Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra - structure or other purposes, wholly or partially within the Collier County Water -Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water -Sewer District for operation and ownership in accordance with Collier County Ordinance 01 -57, adopted October 23, 2001, and District construction and operating policies. OBJECTIVE 1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202„ F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. (IV) Policy 1.2.1: The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: FACILITY /SERVICE AREA (IV)Collier County Facilities North Sewer Service Area South Sewer Service Area (IV)Marco Island Sewer District Unincorporated Service Area (Marco Shores) (IV)City of Naples Facilities Unincorporated Service Area (IV)Everglades City Facilities Unincorporated Service Area LEVEL OF SERVICE STANDARD 145 gpcd 100 gpcd 100 gpcd 145 gpcd 100 gpcd Independent Districts /Private Sector Systems The standards hereby adopted are the following sewage flow design standards (Source: Chapter 10D -6, Florida Administrative Code) unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. TYPE OF ESTABLISHMENT Commercial Airports a . Per passenger b. add per employee GALLONS PER DAY (GPD) 5 20 Barber and Beauty Shops (per chair) (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 Bowling Alleys (toilet wastes only per lane) SS- 27 100 100 • Country Club a. per resident member 100 b. per member present 25 c. per employee 20 Dentist Offices a . per wet chair 200 b. per non -wet chair 50 TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Doctors Offices (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided 20 b. showers provided 35 Food Service Operations a . ordinary restaurant (per seat) 50 b . 24 hour restaurant (per seat) 75 c . single service articles only (per person) 25 d . bar and cocktail lounge (per person) 30 e . drive -in restaurant (per car space) 50 f . carry out only 1 . per 100 square feet of floor space 50 2 . add per employee 20 Hotels and Motels a. Regular (per room) 100 b. Resort hotels, camps, cottages (per person) 75 c . add for establishments with self service laundry facilities (per machine) 400 Office Building (per worker) 20 Service Stations (per bay) 500 Shopping Centers without food or laundry (per square foot of floor space) 0.1 Stadiums, Race Tracks, Ball Parks (per seat) 5 Stores (without food service) a. private toilets, for employees only (per employee) 20 b . public toilets (per square foot of floor space) 0.1 Theaters a. Indoor, auditoriums (per seat) 5 b. Outdoor, drive -ins (per space) 10 Trailer /Mobile Home Park (per trailer space) 200 Travel Trailer /Recreational Vehicle Park a. Travel trailer (overnight), without water and sewer hook -up (per trailer space) 50 SS- 28 • b. add for water and sewer hook -up (per trailer space) 100 Swimming and bathing facilities (per person) 10 Institutional Churches (per seat) 3 TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Hospitals (per bed) 200 Nursing, rest homes (per person) 100 Parks, public picnic a . with toilets only (per person) 5 b. with bathhouse, showers and toilets (per person) 10 Public institutions other than schools and hospitals (per person) 100 Schools (per student) a . day type 15 b . add for showers 5 c . add for cafeteria 5 d . add for day school workers 15 e . boarding type 75 Work/Construction camps semi - permanent (per worker) 50 Residential Residences a. Single family (per bedroom) 150 b. apartment (per bedroom) 150 c. Mobile home not in a trailer park (per bedroom) 150 d. Other (per occupant) 75 Footnotes: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty -six percent (66 %) of the total establishment wastewater flow. 2. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to above average sewage volume expected from restroom facilities. Policy 1.2.2: In order to ensure these LOS standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.2.3: These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of sanitary sewer treatment facilities. Policy 1.2.4: SS- 29 18A .- Annually review historical sanitary sewer demand records and adjust these LOS standards if so indicated by said annual review. Objective 1.3: The County will continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage. Policy 1.3.1: Include sludge de- watering and stabilization facilities with all County wastewater treatment plants to produce sludge de- watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. OBJECTIVE 1.4: The County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Policies. Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater plants. Policy 1.4.2: Connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.3: Connect existing and future privately owned land suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial /industrial parks, when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.4: At such time that effluent will be available, permit the construction and connection of dual water systems to the county's effluent system (i.e., separate potable water and treated wastewater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy 1.4.5: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and /or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and master metered by the County. (IV) Policy 1.4.6: The County will seek to expand the availability of irrigation water from supplemental water sources connected to the reclaimed water system. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 OBJECTIVE 1.5: SS- 30 $A The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. (I)(II)(III)(IV)Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban -Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Boundaries on Figure SS -1 of the Sanitary Sewer Sub - element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water and Sewer District Boundaries on Figure SS -2 of the Sanitary Sewer Sub - element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. (IV)Within Section 15 (Township 48 South, Range 26 East) of the approved Mirasol PUD, which is designated Neutral, central sanitary sewer systems may be permitted. This area is depicted on the Rural Transition Water and Sewer District - Mirasol map (PW -2.1). Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and /or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. (1)(IV)Policy 1.5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.1.2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is permitted to connect to these collection lines. Under criteria may be eligible for central sanitary sewer service from Collier County Utilities, or a private sector /independent district, within the Receiving Areas identified in the Rural Transition Water and Sewer District, depicted on the Existing and Future Sewer Service Areas map (Figure SS -2) of the Sanitary Sewer Sub - element, subject to availability. Qualifying criteria will be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas of the Rural Fringe Mixed Use District. Criteria for central sanitary sewer service eligibility may include, but are not limited to, plans for development which utilize creative planning techniques such as clustering, density blending, rural villages, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Sanitary Sewer collection lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands, however, no properties designated as Sending Lands may connect to the collection lines. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 31 s A 9 8A OLLIER COUNTY SEWER DISTRICT ma mxrc m.aww, SS -1 s s A (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 32 r8A FIGURE SS -2 - i F [ .;i NORTH i SERVICE AREA b. ,}. I a mi:j �: .... .r• •. ......... �.. R [ A ` +' souTr `• .,J SERVICE AREA r ,w°"'"woui •emu• EXISTING AND FUTURE .................. SEWER SERVICE AREAS «,.a I (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 33 9 2 =f•:L bF "-Mel 6 x W S'f 1vf +f• 'fF1a`A Z V Q- $ .C11a♦ _ Q LLI c i a. W U :J LLJ L' e � W •'1< u ♦ktl O } i 9 6 a e sE .k 3 99 k Yd eo e 1 ; 3, EIlI�iltBi�� #I aal � ;a !kH .3 (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 34 s x x t 0 z s^ .g •5 s .g s-0 o° prnr. ��T:• :off L .. y » i, W U Q �¢w W d o ..a W g _ W -li W a sF _+j ° i 1 i cwn a,a LApS. a °a °. as a i Q � I R� gat. i tU��" •I' � ' �'�t 'yg�� bt r, B3g49 pia X66 3 €�9 s� �3I 3 a R� (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 35 TYLa 98-14 CAPITAL IMPROVEMENT PROJECTS FY 2W3 -2007 PROJECT DESCRIPTIONS WASTEWATER AND RECLAIMED WATER Granary and Hanson UC Octaaer M2 Funaryps (A) Pro(act No. Prvje Noma Description WASTEWATER PROJECTS EalMing Wastaayatar, 413 (6 vrIII Rslatem larelaela 41WGD ]3Qi1 NCWRFSMGDE tin >qxm Canpwtlm deapanabn of M evbtly NCVIRF ym BS n 135M00. Md 2 rear derNn. one mwentlon Meh.am mweaLlent mar.amw dwme Omuq Ohp.3 knk, a mw aamar aMa. DhhMCOOn belt, skidp dewsatung apanrlon. 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CR951 n pmpoaaa Omngs Tme WRF, This Nrca moan m ES mrrseucba al, MmmYa• R xmgYd msWl at ' 41WGD 731W East Sere, Intemonnso Sattlsn 00 endmsartat ng5•nk Boman aNd. sane main hdn Messer Pump saaly. eayr n VamemR 313. bspn PA. 41WGD 73150 Eaal Sauer lntemonneq Boaster Star. Oeaw anal ppnaaupMr w boxes' PUnpnp atom bar Sean B•Nara 6NaiLapu SNa. lore mein. 41NGD ]3151 Maetar wan StWomVandemLL Beach Rd.6 Blvd. Duo aW pnaPUCtbn dmwMSstm Pomp satavr as East saaar INr . 413rGD 73152 1 Medlar Purra, S41bmVandelOM Beam Rd. 6 Uvl Wn Rd. Nsw Maur Punp SWbn 4131GD 73153 MBWWPU $la3on. Immclsalas Rd. East Am .1 MP81 Selw NarRaast 9amke Nan. 13154 SCWRF In)aclbn Welk Design and instal erraal deg LllscLLnwvPat ne SCWRF b pmyba GaStiMal 13155 New NEWRF uirs Sae Purcnem 147 ac areal Dawn, T. Water d WRF and WTP. r41310D ]3156 New NOrmeaw Wale, Ractamation F.Ift S". deagn anal ca'n'can d mw 2d m9u WRF ay 20011, W eparuan m a o mpd dy2Dl0.emar.,amnnw 5.0 m9d 12019 wrPmaleaa 112 m9al m he Orapa Tram pmWdy b mpY s Vu existing Orange Tmw stand am Farm; Inamf new cussmron 1 Nameass 9.rvke Nee. ]315] New SEW RF -land Ac0ulcmon Study Sand p1 p0vaa W M1v axsan d up m W.5 mqa ImmdO wRF h SdMeast SvrvNe A. ]3156 Up= Lak aan0 FM to 16' Sway, dasn em conswctlon da mw l8-aa]r ban mein can Master nnmo, Saw 3.0510 Meaar Pun Bataan 319 • 12'same man . ]3168 Pumping Station Upgretlas uppadsa b6xi 9Maaaw analpamph9 aueone u nandaa m lmep me mR row,. 413rT3D ]316] GroMh Mans t Ptah U 9 ulalam Banmry Seam Sulaaamanlb OaM Mans t PW 41YGD ]3190 VBR 1W FM - IslanESmlk RelmDUfsement 41YGD ]3195 MPS 3.14 Hera Naw LaNrPUm 91aam 413IGD ]3 825 MPS 1.04 Nee Masser Pump IIMtion On Bsnemr MGx aoaFnM 41YGD ]3945 Pumping Stalidr lmlaovameme Impwemerm m enamp as W1bu am pumpsng steam as manes 1 ap gam wan 9mwN. sfnn Cal Nana man0ed br appaea aawa m avass" lrSmmukc nntlel in mm ImaN m meat,p , 41NGD 73968 NCWAF WW cam 4n and hslaa mm rasp adc aaat am mw OW naak, Ntlm. 41WD 73949 SCWRIF Exiamnsda, 2001 Seeman M SCWRF W Is mgd MMDF. 41YGD 73950 NCWRF 30.8 MMADF EIgenslon (Pmce1 =20.1 mpdMMDF) Bassas motif sMrgd"O (aalwaquO mpmrtlm el ate pant TTh Hurl pane wM aea 5.e 6.0 MMDF F(CS d dMM mganNnd ee WRF. The pcand pmk wine aft twe Of mpO MDF N.5 end MMDFI. TM eat t.The saN n mauraecpecgaf2a.1 mpd at Wand Masmile ay2005. The samralpuree apanssm xal nrvR h e mpa0ay 01 OO.s mpl MMOF oral Na m miw Oy2010. Naw WaslavmMr 413 Project, 41YGO W W] land ACgNSRln Study for East CanlrN WRF sw a "ma"ar alas tar aaetim d p w 12.1 m9d (mmdB WRF h Eert central Seryha Area. 41310D WWII East Central WRF Land AqWsftaor, Pummae 50 w Mo all EW Camru area W sae dWA9, 413/GD WW10 Sewtheest WRF LarMA at0ion purdusa N w eM at In East Cenaal ama W star q WRF. 413tt9D WW12 East Central WRF Sally. deNpr.4 SammuNm d•mw 40 mpd WRF aY 2009 anti en mPananna fi.Om a Y014 Ygepanl2 hAnaCnNne gentlal mw4veMren. 413IGD WW13 SoulaeaslWRF Slay, malPl and mr0lydbr Ora mw ] e mpd WPf ay 2012 oral m ran uma m 5.0 mqp aY 2019IepmNabblOS mpSlh Ma0mmrva pgenml new cusromms. IDeamuN •Mr 2010.1 asv er._rm u.ww cao P.s.I as Nmeamr (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 36 1NLaable FurKVrYpa (A) PMJ*d No. pno1w Names Oeevbdon 413MaD WW15 Service to Golden Gel. CM tiMCOnryecauM pa opben clew, COyulLy, costs N be hLlmadb d.oaamYY.nM WdYeclrMbeCan 413MiD W W 19 RWMW Ex. a- Force Main a W Sbdy. da¢r and Lten.pxeon d. ace 6atm bra m.b epm MMbr Pump.p spoon 149.00b Airport spend Road a- lose maw,. 413 /G1) 2002 -I Livingston Road FM Upsne- Regional! Pak to I.R. sent'. betel rq mrubwtlonaulnp. olaWYp lbMSl lace mabro20.ncn brw mew, sour Foagexaw P.k b I.R. 41WO 2002.2 VBR FM- Logan Blvd. To GoodsNe 3bby,deeps and amapntfoo q8 as titan 24bm Ma m.n ban Logan BNd. To (iopd.bFmk Road. 413fGD 2002 -3 Goodl.da M FM - VER to NCWRF ft*. deals snd Len.bucelpn d. nes9 some men from VandbaY Beam RCIdb NCWRF Ealsilmo WaabwaW 411 rnsnl Proiscle 414IR,RAE 70027 Clean Water Ad Sbk Mgt Shad, CMn W.YrAd RYkMw Mw..Yraar. 414RLRAE 70075 50. ASepsmW Sdsean Saaaan 414/R.R&E 7=fl) Gcodlells Rd FM Rebcalbn 0oodbb-Fank Road Fain Lang enpmromards (Jd-P1ns A" Hoed bJd Vendettas anm RUN R.Uaw, 12,960 LF of Is- FM and a.W LF d 21• FMae pan plydM Bp1a1 414Ri,R&E 7=11? Server System M.pp^9 CMWp..atd ga.rrrr maps M M MYr.M wYYgYr ap.mm.ne b oa uaee0 M bulk" dal Wal.4. TM ma. N be Wad m bnraauy.aamn sand as. nM.rce Mbul brpl'raea aarp.plMMM oaar aasYaeM.y.Ym. Add•blary. M map$ Nn tested byM PWE➢Banrn n pan" W hpxa ewnaot q Wr.y.Ymb k.p up Nt enIkWNOpoap. 41WR,RAE 73095 FDOT MntP to Con her MM rbatlm d seaamalnepm v.rboa FWT 41YR.ME 7385a Cnty Sam Seater Une Relocate selflessness Haps"Od, M Is Oava BNB.. A.buw, user m.ha M ma amass, u ROM impsap, comands, aasae.d MF eoge. 4144Y.R&E 73080 Pon "PnnCe Seater Wpan eeFaM6n evYwY mYdM ayebm eervkq 4 sabre 00PMau- PWnRoad M.ablYllld• aourte. 41WHAE 73085 CCDOT Utility Rebcalee Rekxarn of abaa a a mey, be nadM plan awYraroE COdey med cpnabuclbn a9bddu. 41V ,ME ]30]1 Energy EBcitaxy Ernplooemame at* and! LnprmanL.YUbal rpor .dn b lnrpwe gnaw Vftwsy at M USanenr, Ynb Yq .rYaJ. Ot4IR,RAE ]30]1 Publk Ulltitlea OpeatMY Center Rsburaxon"peonecru arnd e9upamdeedsae bowel b amanmlbeegnaat. afsba bcmM sea dMetle" to a se st BO2r Sneeay Sense NoanaWd.MN db.tM aabrapaw, be hdq. 414IR,RAE ]30]8 lbnderson Cask Sever lmgovemente To dada as 1Iss"b. rorareyapr is pmeaWaa WE arts Ban Som of Hbaanm Cask M. 414IR,ME 73082 Stations Rama, 8. .rnd Db aYem MWMtlpn MelMYr cpYMne dbatmmt 4148 RAE 73083 S. Lip Rehab Design .n W andba eeaa rulsba..tlon M aea9.aeer cordon, deparmenl. 414M.RAE 7312] Sludge SlWiaation Management "bo"o"m, 41d/R,RAE 731W Rookery Bay FM and! PSI mllpmostannems, I.,manseb Ropow, say wMw,r bananbkn 414I11,R6E 73181 1 Take Pavkpe Phne Off- LInB(4) TNe plpMcl Nabwthe Cbmry to l.M aarumke to weepaeror cusbmes nth Cpu mw rrvb laMwl 414A.RE 7311% City Isemnstrapent nlsr- eonrrct Fom.man Mraarrstwsl d 414A,fl&E 731W SSU ae,00mbed Ueda. 414IR,fl6E 73181 Sant CamN IAl Analysis pmode.a s stess anabobY PmW Yea •M1arn W aoary.b.M rb M..tlpacm es rscmtmvndetl bM SoM CnYrCOny RpiaWWRF IMaipl Rappn (JUr Mn110eelamrMrre .wl aeaNrew b M SCWIIF- 414/R RAE 73185 Aeeet Management Assistance vmbe.aWrce n sin q Hs a u awe. 41418.R6E 73168 Odor/Comslon control Muepea pools" to"WPM aral rpamenl odor and obbabn donee m b MwuYaaYl cahem esahapp 4141RRAE ]3381 VBR - AI Pd. to CHOI off relocate Rabat ealsits, ems month page uoasupson. d14TLRAE ]3302 CHOI- 1300 to knm0k. Rd. rebuts Rebus saw mMMined unnuNOn. 4141R.RAE 73308 RMIrSH Rd. - P to CR951 rebus Rabat assfir, tea man Mmad mn"pmn. 414/R,RAE 73915 South Cray Rog WWiP Wok nardu bpaamwr of Paden been, Ryot BFP Faed puns, n.btwnYCbnMmoaa spin. 414/R,RAE 73922 Telembry oddYMYm/m 530da90amW�Waona ab l3 matW ■earn ova Ms Y02. 4141R,RAE 73543 W mmoiudes Road FM Caen• WFM and hmY aoanlp spurn . 414IH,HAE 73944 Bltitng System lne putpas d w pmlecl a 0. rpaep of M ban, system splea , wmray Wad byte Dept. d R.v.na M W.br and WWe.o.m. Tn dln9nl weave Opeerlpe n.ve upon alYrgaganlkYt uOebelsa. adoluawry. ne eoewens ouWbd M M numbrd w.bma. Mt CoYrCamry Ma ernd N unmw p wn. 414M,PAE 73849 SCWRF Expansion Ml espapeonds CWRF 016 411/RRAE 73850 WMRF Exporad fl, 30.6m MMDF EVanspon 0NCWRF bdaa fagot MMDF lingo 1.241 map woF1. 4WR RAE TED 2003 FDOT Jame 'ace tad bMnbutlon a assermbn, tam vsnooa FOOT m - 414IR,RAE TSD Speiser Lars RSneb arnd sand bamaYUa.wrraruOaYWn Mae.Ywbraaace4a 414/6 RAE TBD F`,pmpAJtt SsOpn Renee Paan m.mar.rnd ■aYrrtreoab�a ".aw.l a "ors bb axwnas. 414/R,R6E TBD Orlor/Caro.bn Control Maays"prpPSln b lNemyle and mprmad o4oresd arb.ot mnd m raematpn MnuYxW CWaclbn 4",RAE TED CCDOT LAtiIIy Relocates Rsbabn d plebes as may be n..ded gben.caYrard Coom, road omanmym Wad.w. Mw Waaterabr 414 P 411 /R,RAE WW14 1>boommssabnIng of Pullout IIsy WRF a ant damnmlopaa,ft 0 Pelson Boy WRF- 41 RAE lKW4 NCWRF Oxidation Delon 1n pavements I StodY, Noon pre ConebNCmn d martnp b NCWRF Oddeun Debt tor. aar.,onu . armor..• nor.• =„ .1. (IV) = Plan Amendment by Ordinance No. 2003 -" on September 10, 2003 SS- 37 TABLE 6514 FundRW» (A) Propct NO. Project Neme Da4erpHOn RECLAIMED WATER PROJECTS EmUnga ReelatlnW WOW 413 I'Miscips 413131) 74020 Back P10a6ure3usl" Vatuee haul tea ammue sumaniag Ww at at roostned water meYres9emOlum na•a, saro maenwa 413 D 74021 Golden Gate Canal Supplemental Wale, System S", daeon" construction d snawan m was wmace aewr ka meemg peak son amanm. 413160 74029 1 Effluent MO ant Master Man Cate update ~1 r portion W countnaw w ater mower pawn 413•GD 74030 ASR Radaimed Water Wells Dauer. gmrr eat mrbbud One ASR Yw anal a4oW, awn aahx:l up m eenn MR ureW ate purpose d mleewgsumus ravftae. wawrduIN o3 peeks uw ruYft Ouwq peek aeadnu does.. m nw cusmmen. Also Ml Wee monllm wow puma and telenen, 413/GD 74034 VanderoiH BO Reclaim WM 20' Coweud M' rocohbd aeon mein emng Varaibik B Rao roar Aagrl Road VYawse C. c4 mYnsua Mwa mtlw NS nwcondn,M YNcpa wYYq wewmsn wtdl -75. 413/31) 74035 Radio RdlSanle BarMm Blvd. 18'Redamed WM Gpne0uc116',eC4YNe aebr meat ebq R•eb HaeC wW Senw Buren BM. Fran be mcwnaywmmscnwvx bOW.4Aw A ApwtoY almab mute Y aMp Ore FPL ewmMlMbasn pevh Bad. a Redo Rd. 413/GD 74038 Radio Rd M' Rai WM GoneakAM'rwaerxn aehr man a" Radio Roan rnn Bmnoce m Fokwa as qn of ea5 kamonwd 113/30 74078 ReelYmed Water Boomer Punap Sotka, - NOM New Beerier P, h Station. 413ATD 7MT7 NCWRF 24'Redalmed Water M&y NCWRF 1. VwablHiH Sania Rd New Radeenedwale,yonernakunalahr 419130 ]40]8 NCWRF 24' Raderned Water hain-Autag LhAndaton Rd, VBR New galmaeweYr]ranYn4Ya Wh 413/313 74125 Suppemental Initiation Water Study. dssw. Cwntruolon d suRaunnwl aedr dcawa W r.d.ewd aewr 4131GD TBD 2002 GmMh Maraegankart PlenU upoeY woan arena 1plan wm•Ymwrlw No ears 413Ma1) 74037 Miscellaneous E01u•rd Inapquerreare AkecaYnepua Effluent kn arnemenw New Rephlmed Water 413 Profects 1131061) RW1 Hamered Water Boomer PS - North SA ParndasiPT and aw2001. daogrorq recenmendWnWrdn ReWna PWm Au Yaot. 413/31) RW2 Interoornent In S uh SA - M'Ractemad WM ft*. In. aW coneWlmn 0 extrad aewr M.recamwwed in Water haouro P 2001. 413** RW3 Interoonned to writ, 20'Reclalme0 WM Study. owagn,aW Cmrpuceon d ak Wned aeW hie recwnarwmed In Water R•rwm Running actual. A uu 2031. ExWn RadsimW Water 414 P O 414/R,R3E 71015 1 MW. Effluent inaparourearuents AAwanpe lorannuel awmvemeas m ad reolaned aewr OSmnWmn 414R,R3E 74019 Cmy Bam Rd Eff LJae Relocate Rewsaake NS R0.bMb8 wawYrdMF1'Oe. wemrmw kx nod 414M.RBE 71021 Golden Gate Canal supplarkental Water systean InWlmn of Nwmwkl bbP;= tlanaew nom erecwt 41YR,RAE 74023 Pmben BRY In A. 414/R,RAE 74MB GoodoHe Rd Redelm WM - Relocate pq®NY -FMk Road FWrLanny ImgWwnMb N44 PMRwpa Rwdlo C VarmbY Beam Road) RSkwate 4.400 LF d20' wou.,l men M padd mss war N pnMd w134. 414/R,RBE 74W0 Radaimed Water ASIR S", rea aW ewumeeaorr of new radana0water MR wain. 41VR,R3E 74031 Renato SCWRF Redakned Wtr Sig Tank Rapers m nec4med aatersmroa oat Includes npaks mael seas, cadwcan b aW• io 414JR,R5E 74033 ReWmad Water Teommry Ape o4are0y m 31 rocYYwd water ter saes and 7 nw aewrael seen. 7lbnen is Yee In NoM snub Mrs, 7 nwwer vases, ene 12 eat h ate BeIM Sewka awa. 41415.58E 741739 Patman Mv Wei6 Ada too ww aeY war vw4a4 [aGlnwvnwwtla eW mwob. 414/R.RaE 74047 Redalndd W&Wr Aulomaic Read Mmem Add auluneac reed male's ms area. menMa900anaon. 414JR,RBE 710]5 Emools Lakes Rechdrnsl Weler Pum Station Jo,naws to whilrwd Water Ps 41,LR.R&E 74125 Supplemental inigetion Water Funde are m benwy routers and anp4menl • dgpwmenw wbr suppry Io ar Pnmi rocYmw aedr urea ter algeaa. IrKY06s IMrmYW RO WeaeNdaW Retuned Water LM. 414Ai.nE 74300 Immok. Rd. U541 to 175 eat mlocale Pwrbaned aeewnparade nmuaa ion ate marcweucnn. 411JR.R8E ]4301 VBR - AI d Rd. to CR951 eff relooste RecYiad aewrpMMnbcatlonloraw man mnebucucri. 414/R,RBE 74302 DR9$1 -GGB to lmmok. Rd. mkrate Rsowknbl teem erommm� ter ww meaownmmn. 11YR RBE )4303 G'P - AI nto $BB an miocate Rwwmed weM eremceeon ter ww dart wmaucuan. I I1M.R8E )4307 Mwc. toff cent lm mvements Ebuwu knew t; 114JR,R&E 74308 1 PMCan Bay R•tlaYnel Water PS Cnnew I AOd Crame•I F•Fan WdbnW P9 rte e6nxmurwwosw.epa. r.w ee, nom. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 SS- 38 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES' ELEMENT Potable Water Sub - Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 Symbol DATE AMENDED •* October 28, 1997 (I) October 22, 2002 (II) February 11, 2003 (III) June 19, 2002 (IV) September 10, 2003 • • ORDINANCE NO. Ordinance No. 97 -57 Ordinance No. 02 -54 Ordinance No. 03 -07 ** *Ordinance No. 02 -32 Ordinance No. 03-44 * ** The above Ordinance No. 2002 -32 was adopted on June 19, 2002. However, due to legal challenges, it did not become effective until the Florida Department of Community Affairs issued its Final Order on July 22, 2003. •* This is the EAR -based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. * Indicates adopted portions Note: The support document was completely updated with the adoption of Ordinance No. 200344. That update was prepared by Greeley and Hansen, Consultants to the Collier County Public Utilities Engineering Dept. The support document will continue to be updated as current information becomes available. (IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003 • V. GOALS, OBJECTIVES AND POLICIES r GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. (IV) OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. (IV) Policy 1.1.1: Continue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. Policy 1.1.2: Continue to implement a program for the protection of existing and potential potable water supply sources. (IV)Policy 1.1.3: Identify sufficient quantities of water sources to meet the County's estimated growth- related needs. (1) OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector - potable water service utilities provide, repair and /or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth, as provided for in the following policies. Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and provide for future growth. (I)(m)(w)Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map (Figure PW -1); the Existing and Future Potable Water Service Areas map (Figure PW -2), which includes the Rural Transition Water and Sewer District; within the Rural Transition Water and Sewer District - Mirasol map (Figure PW- 2.1); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 Igrir� 8A facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non - County utility provided. For the purposes of this policy and policies 1.2.4, 1.5.1,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central potable water facilities includes decentralized community treatment systems; and, innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy 1.2.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, require to the extent of the County's authority private sector potable water service utilities, establish and file with the County a statement of their policy and criteria, consistent with the goals, objectives and policies of this Plan for the expansion, replacement, and /or repair of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. (1)(III)(IV)Policy 1.2.4: Permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW -1); within the Existing and Future Potable Water Service Areas map (Figure PW -2), which includes the Rural Transition Water and Sewer District; within the Rural Transition Water and Sewer District— Mirasol map (Figure PW -2.1); in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands within an area to receive County water service, but in which County water service is not currently available, non - County potable water supply systems shall only be allowed on an interim basis until County service is available. (IV) Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries map (Figure PW -1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW -1 on an interim basis until a potable water supply system is available; [individual potable water supply wells may be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW -2), on an interim basis until County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available]; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW -1, and outside of Towns, Villages and those Compact Rural (IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003 PW- 24 8A Developments greater then one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay — all areas where potable water supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. [Text in brackets reflects merger of amendments to this policy by Ord. No. 2002 -32 and 2002 -54.] (IV) Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 01 -73, adopted December 11, 2001. (IV) Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water -Sewer District for operation and ownership in accordance with Collier County Ordinance 01 -57, adopted October 23, 2001, or its latest revision, and District construction and operating policies. OBJECTIVE 1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. (IV) Policy 1.3.1: The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: (IV) Review of water usage data indicates the LOS standard for finished water should remain at 185 gpcd. Review of the historical ratio of residential to non - residential demand indicated that approximately 17% of the total water usage is non - residential. Thus the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 PW- 25 LEVEL OF SERVICE FACILITY /SERVICE AREA (IV) COLLIER COUNTY FACILITIES County Water and Sewer District Goodland Water District (IV) Marco Island Water District Unincorporated Service Area (Marco Shores) (IV) CITY OF NAPLES FACILITIES Unincorporated Service Area (IV) EVERGLADES CITY FACILITIES Unincorporated Service Area E:V LEVEL OF SERVICE STANDARD 185 gpcd 185 gpcd 185 gpcd 185 gpcd 185 ,g pcd INDEPENDENT DISTRICTS /PRIVATE SECTOR SYSTEMS The standard hereby adopted is the following "wastewater" flow design standards, unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. (Source: Chapter 10D -6, Florida Administrative Code) TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Commercial b. Airports 75 a. per passenger 5 b. add per employee 20 Barber and Beauty Shops (per chair) 100 Bowling Alleys (toilet wastes only per lane) 100 Country Club f. a. per resident member 100 b. per member present 25 c. per employee 20 Dentist Offices 20 a. per wet chair 200 b. per non -wet chair 50 Doctors Offices (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided 20 b. showers provided 35 Food Service Operations a. Ordinary Restaurant (per seat) 50 b. 24 hour Restaurant (per seat) 75 c. Single Service articles only (per person) 25 d. Bar and Cocktail Lounge (per person) 30 e. Drive -in Restaurant (per car space) 50 f. Carry Out only i. per 100 square feet of floor space 50 ii. add per employee 20 g. Institutions (per meal) 5 (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 PW- 26 Fj • Hotels and Motels a. Regular (per room) 150 b. Resort Hotels, Camps, Cottages (per person) 75 c. add for establishments with self service laundry facilities (per machine) 400 Office Building (per employee per 8 hour shift) 1 20 Service Stations (per water closet and per urinal) 250 Shopping Centers without food or laundry (per square foot of floor space) 0.1 Stadiums, Race Tracks, Ball Parks (per seat) Stores per square foot of floor space 0.1 Swimming and Bathing Facilities, public (per person) 10 Theaters a. indoor, Auditoriums (per seat) 5 b. Outdoor, Drive -ins (per space) 10 Trailer /Mobile Home Park (per trailer space) 200 Travel Trailer /Recreational Vehicle Park a. Travel Trailer (overnight), without water and sewer hookup (per trailer space) 75 b. Travel Trailer (overnight), with water and sewer hook -ups (per trailer space). 100 INSTITUTIONAL Churches (per seat) 3 Hospitals (per bed) (does not include kitchen wastewater flows) 20 Nursing, Rest Homes (per bed) (does not include kitchen wastewater flows) 100 Parks, Public Picnic a. with toilets only (per person) 5 b. with bathhouse, showers and toilets (per person) 10 Public Institutions other than Schools & Hospitals (per person) 100 Schools (per student) a. day -type 15 b. add for showers 5 c. add for cafeteria 5 d. add for day school workers 15 e. boarding -type 75 Work/Construction Camps Semi - permanent (per worker) 50 RESIDENTIAL Residences PW- 27 J 8A a. Single or multiple family (per dwelling unit) 1 bedroom and 600 square feet or less heated or cooled area bedrooms 150 and 601 - 1000 square feet heated or cooled area 300 3 bedrooms and 1001 - 2000 square feet heated or cooled area 450 4 or more bedrooms and more than 2000 square feet heated or cooled area 600 b. Other (per occupant) 75 FOOTNOTES: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty -six percent (66 %) of the total establishment wastewater flow. 2. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to, above average sewage volume expected from restroom facilities. Policy 1.3.2: In order to ensure these Level of Service Standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.3.3: These Level of Service Standards are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy 1.3.4: Annually review historical potable water demand records and adjust these Level of Service Standards if so indicated by said annual review. OBJECTIVE 1.4: The County will continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 1.4.2: Continue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible. Policy 1.4.3: Continue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial /industrial parks when economically feasible. (IV) Policy 1.4.4: Promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscaping irrigation, as described in Division 2.4 of the Collier County Land Development Code. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 PW- 28 8A �* (IV) Policy 1.4.5: Promote and enforce the Water Irrigation Ordinance for Collier County, Ordinance 02 -17, adopted April 9, 2002, to reduce potable water use for irrigation. Policy 1.4.6: At such time as excess effluent is available, permit construction and connection of dual water systems to the County's effluent transmission system (i.e., separate potable water and treated wastewater effluent) in new subdivisions when the construction and or connection of a dual water system will not negatively impact the potable water systems regulatory compliance or operation. (IV) Policy 1.4.7 Deleted OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. (0(0)(Ogiv)POlicy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban -Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW -1 of the Potable Water Sub - element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW -2 of the Potable Water Sub - element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Within Section 15 (Township 48 South, Range 26 East) of the approved Mirasol PUD, which is designated Neutral, central potable water systems may be permitted. This area is depicted on the Rural Transition Water and Sewer District - Mirasol map (Figure PW -2.1). (IV) Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and /or package potable water treatment systems through the development order approval process to ensure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all FDEP permits. (IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003 PW- 29 8A (1) Policy 1.5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in, Policies 1.2.2 and 1.2.4, central potable water systems ale permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central potable water system distribution lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is permitted to connect to these distribution lines. (III)(IV)Policy 1.5.4 [Adopted as Policy 1.5.3 but re- numbered since the above Policy 1.5.3 became effective first] (IV) Under criteria, projects may be eligible for central potable water service from Collier County Utilities, or a private sector /independent district, within the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW -2) of the Potable Water Sub - element, subject to availability. Qualifying criteria will be limited to the requirements and incentives established in the Future Land Use and the Conservation and Coastal Management Elements of the Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas of the Rural Fringe Mixed Use District. Criteria for potable water service eligibility may include, but are not limited to, plans for development which utilize creative planning techniques such as clustering, density blending, rural villages, and TDRs from identified environmentally sensitive areas. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Potable Water distribution lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands may connect to the distribution lines. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 PW- 30 • A (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 PW- 31 FIGURE PW —t 'r .......... - 1 _ NCRRTP� �� • _• • - � vs a:ra � w5mmcl dMOMV 0 t 1 umo _ Ny/M�[Wp I�Sx�ANO YMEN OISTiki -' —IN •�� A. 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FOjft b1NmYn NrLalaV••n9rlrwP wiw.pw 712M.M -E 20023 flub RancY R•aE USBU u•awYn NW wlw MM —ME 20024 811at AlaN mr6 Pwl«n 6rl 112�S1R6E 2002 .3 BCRW1P lInW NwiwNlLaapr «bawvl+«.drw bFnM Nrvb I1ZR.RLE W1 RERNFP RO Membvb P49W NWYVrn m�4r w«Y.b W«1 11] .ME W91 SERWTP RO MWnMN I RTYOtrw+igYwl 4 1. 111W.&wM&.(FO byl,q W 2, 41N.R6E -Ra 1, PWplaa ?6 EnOaM nl(F~by Urr FM) zaz (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 PW- 36 E:� COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Drainage Sub - Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT DRAINAGE SUB - ELEMENT Symbol Date Amended Ordinance No. ** May 9, 2000 Ordinance No. 2000 -25 * ** May 9, 2000 Ordinance No. 2000 -26 (1) May 9, 2000 Ordinance No. 2000 -27 ** Ordinance No. 2000 -25, rescinded and repealed in its entirety Collier County Ordinance No. 99 -63, which had the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM). *** Ordinance No. 2000 -26, amended Ordinance No. 89 -05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98 -0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98 -56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97 -59) and Drainage (Ord. No. 97 -61) sub - elements of the Public Facilities Element, Housing Element (Ord. No. 97 -63), Golden Gate Area Master Plan (Ord. No. 97 -64), Conservation and Coastal Management Element (Ord. No. 97 -66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97 -67); and re- adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Indicates adopted portions Note: the support document will be updated as current information becomes available. TABLE OF CONTENTS SECTION I INTRODUCTION AND HISTORY A. Drainage Systems B. Drainage and Stormwater Management LEVEL OF SERVICE (LOS) STANDARDS EXISTING CONDITIONS A. Drainage Features B. Stormwater Management Master Planning IV. CONCLUSIONS AND RECOMMENDATIONS * V. GOALS, OBJECTIVES, AND POLICIES VI. APPENDIX I SECTION II I. REGULATORY FRAMEWORK A. Federal Regulations B. State Regulations C. Local Regulations 11. DRAINAGE BASIN INFORMATION A. Main Golden Gate System B. District No. 6 System C. Cocohatchee River System D. Gordon River Extension E. Henderson Creek Basin F. Faka -Union System G. Southern Coastal Basin H. Barron River System I. Miscellaneous Interior Wetland Systems III. REFERENCES IV. APPENDIX II Water Management Level of Service for Planned Unit Developments Collier County Drainage Structure Inventory Collier County Channel Inventory Drainage Atlas Maps (Reduced in Size) *INDICATES ADOPTED PORTIONS • • Pace D -1 -1 1 D- 1 -13 D- 1 -15 D- 1 -21 )15I1111111101 D -1I -67 • V. GOALS OBJECTIVES AND POLICIES GOAL 1: PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1.1: Via the Annual Update and Inventory Report on Public Facilities (AUIR) process, annually update the Drainage Atlas Maps and Channel /Structure Inventory components of the adopted Water Management Master Plan to verify the existing watershed basin boundaries within Collier County. Verify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards for inclusion of needed programming of operational funds in the Annual County Budget and capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Policy 1.1.1: Monitor adopted procedures that are in place to ensure that existing natural systems, existing developments, and proposed developments will receive beneficial consideration from proposed water management procedures and projects. Future updates and revisions shall reflect changed conditions in the new techniques. Policy 1.1.2: Outline how to implement procedures and projects to ensure that at the time a development permit is issued, adequate water management facility capacity is available or will be available when needed to serve the development. Policy 1.1.3: Continue to develop public drainage facilities to maintain the groundwater table as a source of recharge for the potable water aquifers and meet the water needs for agricultural and commercial operations and native vegetation. Policy 1.1.4: Continue on -going efforts to evaluate the feasibility of restoring surface water flow into historical flow -ways and utilizing them to help control discharge into the estuaries. Policy 1.1.5: Three (3) detailed basin studies are planned within the 5 year planning time frame as follows: Basin Starting Date Completion Date Gordon River Extension FY 96/97 FY 98/99 Belle Meade FY 98/99 FY 200012001 Immokalee FY 2000/2001 FY 2002/2003 8 A As the studies are completed, the results will be made available to the property owners located within the basin boundaries for their use in petitioning the Board of County Commissioners to create a taxing /assessment unit to fund the proposed implementation of the studies recommendations. Policy 1.1.6: Initiate sub -basin studies on the Secondary Drainage System and portions of the basin within the Urban Area. The status of several of the critical sub -basin studies is as follows: Sub Basin Starting Date Completion Date • Lely Main /Branch /Manor N/A 1985 • Harvey FY 95/96 FY 96/97 • US -41 Outfall Swales N/A 1986 • Implementation of these projects is currently underway. OBJECTIVE 1.2: Maintain adopted drainage level of service standards for basins and sub - basins identified in the Water Management Master Plan. Policy 1.2.1: The following levels of service for drainage are hereby adopted for the purpose of issuing development permits: A. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74 -50 and 90 -10 and Land Development Code Ordinance 91 -102 as amended. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS BASIN MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin Cypress Canal Basin Harvey Canal Basin I -75 Canal Basin Green Canal Basin Airport Road Canal South Basin Corkscrew Canal Basin Orange Tree Canal Basin 951 Canal Central Basin LEVEL OF SERVICE D D D D C D D D C E:� DISTRICT NO. 6 SYSTEM Rock Creek Basin D C -4 Canal Basin C Lely Main Canal Basin D Lely Canal Branch Basin D Lely Manor Canal Basin D Haldeman Creek Basin D Winter Park Outlet Basin D COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Palm River Canal Basin D COCOHATCHEE RIVER SYSTEM (continued) West Branch Cocohatchee River Basin C East Branch Cocohatchee River Basin D Airport Road Canal North Basin D 951 Canal North Basin D GORDON RIVER EXTENSION Gordon River Extension Basin D Goodlette -Frank Road Ditch Basin D HENDERSON CREEK BASIN Henderson Creek Basin D FAKA -UNION SYSTEM Faka -Union Canal Basin D Miller Canal Basin D Merritt Canal Basin C Prairie Canal Basin C SOUTHERN COASTAL BASIN US -41 Outfall Swale No. 1 Basin D US -41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D i:3 8 A Policy 1.2.3: Enlarge the scope of the Water Management Master Plan to include recommendations for changing Levels of Service together with analysis of capital requirements. OBJECTIVE 1.3: Beginning with fiscal year1996 -97, a five year schedule of capital improvement needs for water management facilities will be maintained and updated annually in conformance with the review process for the Capital Improvement Element of this plan. Policy 1.3.1: Develop procedures to update water management facility demand and capacity information. Policy 1.3.2: Prepare periodic summaries of capacity and demand information for each water management facility and service area. Policy 1.3.3: Water management capital improvement projects will be evaluated and ranked according to the priorities stated in the Capital Improvement Element of this plan. Policy 1.3.4: Major emphasis shall be given to improving existing drainage facilities in and around urban and estates designated areas (on the adopted Future Land Use Map) to maintain their use. OBJECTIVE 1.4: Beginning with fiscal year1996 -97, develop policies and programs to correct existing deficiencies and provide for future facility needs for those projects which have been outlined in the adopted Water Management Master Plan and any future individual basin studies. Policy 1.4.1: Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. These projects shall be undertaken in coordination with the Big Cypress Basin /South Florida Water Management District 5 Year Plan. Policy 1.4.2: Correct existing deficiencies and provide for future facility needs through the formulation and implementation of annual work programs. Encourage innovative funding sources including utilization of special taxing or assessment districts. Policy 1.4.3: Develop a public awareness program to inform the governmental leadership and general public of the need to utilize total watershed management concepts within the existing drainage systems and the environmental enhancements that will result from their implementation. 8A G OBJECTIVE 1.5: Continue to regulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the adopted Land Development Code (Ordinance 91 -102 as amended). Policy 1.5.1: Annually review all appropriate Water Management Ordinances and regulations to determine their effectiveness in protecting the functions of the natural drainage features and natural groundwater aquifer recharge areas. Policy 1.5.2: Develop any appropriate new Ordinances and regulations necessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas. (I) OBJECTIVE 1.6: The functions of natural drainage features shall be protected through the application of standards that address the quality and quantity of discharge from stormwater management systems. This objective is made measurable through the following policies: (1) Policy 1.6.1 Projects shall be designed and operated so that off -site discharges will meet State water quality standards, as set forth in Chapter 17 -302, F.A.C., as it existed on August 31, 1999. (1) Policy 1.6.2 Retention and detention requirements shall be the same as those provided in the South Florida Water Management District's Basis of Review, Section 5.2, as it existed on August 31, 1999. (1) Policy 1.6.3 Allowable off -site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off -site discharge rates are as follows: a. Airport Road North Sub -Basin 0.04 cfs /acre (North of Vanderbilt Beach Road) b. Airport Road South Sub -basin 0.06 cfs /acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs /acre d. Lely Canal Basin 0.06 cfs /acre e. All other areas 0.15 cfs /acre In special cases, projects may be exempted by the County from these allowable off -site discharge rates providing any of the following applies: 1. The project is exempt from allowable off -site discharge limitations pursuant to Section 40E- 400.315, FAC. 2. The project is part of an existing SFWMD permit which allows discharge rates different than those listed above. 3. It can be documented that the project currently discharges off -site at a rate higher than those listed above. The documentation shall be an engineering study prepared by a registered professional engineer, which utilizes the applicable criteria in the 8A COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Solid Waste Sub - Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Solid Waste Sub - Element Symbol Date Amended Ordinance No. ** October 28, 1997 Ordinance No. 97 -60 ** This is the EAR -based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. * Indicates adopted portions Note: the support document will be updated as current information becomes available. 8A TABLE OF CONTENTS Page * GOALS, OBJECTIVES AND POLICIES 1 SUPPORT DOCUMENT 1.0 SOLID WASTE DEFINITIONS AND CLASSIFICATIONS 3 2.0 HISTORICAL BACKGROUND g 3.0 PRESENT OPERATIONS 7 3.1 Composition of Solid Waste 3.2 Sources of Solid Waste 3.3 Financial 3.4 Collection and Disposal of Solid Waste 3.4.1 Collection Facilities 3.4.1.1 Litter and Illegal Dumping 3.4.1.2 Mandatory Collection 3.4.2 Collier County Disposal Facilities 3.4.2.1 Naples Landfill 3.4.2.2 Immokalee Landfill 3.4.3 Environmental Considerations 3.4.4 Hazardous Waste 4.0 LEVEL OF SERVICE 11 5.0 SUMMARY 12 TABLES OF REFERENCES 13 8 A .' GOALS.OBJECTIVES AND POLICIES GOAL 1: PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOSAL IN A MANNER TO ASSURE THEIR PUBLIC HEALTH AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES OF COLLIER COUNTY. OBJECTIVE 1.1: (COLLECTION) The maintenance of a safe, dependable and efficient solid waste collection system. Present Level of Service includes two(2) franchise collection areas and three transfer stations: a. Unincorporated County service area; b. Immokalee service area; C. Three (3)transfer stations; 1. Naples Transfer Station 2. Marco Transfer Station 3. Carnestown Transfer Station Policy 1.1.1: Continue to maintain and regulate collection costs to ensure efficient and dependable service affordable to all users. Policy 1.1.2: Maintain mandatory collection ordinance 90 -30 as amended. Policy 1.1.3: Continue to evaluate economic transfer and disposal systems including transfer stations. Policy 1.1.4: Assure public awareness and participation in solid waste collection issues by requiring all issues to be addressed in advertised public meetings. OBJECTIVE 1.2: (DISPOSAL) Continue to utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and to investigate improved methods and implement practices that meet this objective. Policy 1.2.1 : Monitor groundwater wells and continue to closely evaluate the test data. Develop remedial actions if conditions are not satisfactory. Worl Policy 1.2.2: Implement and maintain leachate and gas management systems at landfills as needed. Policy 1.2.3: Pursue State and Federal grants and participation in feasibility projects on improved techniques for landfill operations and other methods of solid waste disposal. Policy 1.2.4: Maintain the land inventory required for future landfills to meet the recommended Level of Service standards. Policy 1.2.5: The Level of Service for Solid Waste Sub - Element shall be: a. Tons of solid waste per capita per year, used to determine landfill disposal capacity, is based on the average of the last five complete fiscal years actual lined cell tonnage activity. b. Two (2) years of constructed lined landfill cell capacity at the disposal rate calculated per 1.2.5.a. c. Ten (10) years of permittable landfill capacity at the disposal rate calculated per 1.2.5.a. Policy 1.2.6: Define the cost of continued landfilling in the County over the next 5,10 and 20 years taking into consideration all operating and capital costs. Policy 1.2.7: Assure public awareness and participation in solid waste disposal issues by requiring all issues to be addressed in advertised public meetings. Policy 1.2.8: The Collier County Solid Waste Department shall continue to hold its hazardous waste collection day at least once per year targeting residential households but also allowing small businesses to participate to some extent. OBJECTIVE 1.3: (RECYCLE AND RECOVERY) Maintain and update the Solid Waste Master Plan as directed by the Board of County Commissioners. Policy 1.3.1 : Maintain and improve programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Maintain and enhance the current county -wide single family through fourplex residential curbside recycling program. b. Maintain and enhance the current county -wide multi - family residential recycling program. c. Maintain and enhance the current program to encourage and assist commercial business recycling activities county -wide. m j 8 A d. Continue and enhance the separation of material received at the landfill into recyclable categories. Policy 1.3.2 : Continue investigation of cost saving methods for landfills: a. Landfill mining to recover and recycle cover material. Landfill mining provides a method of clean -up of unlined landfills and for recycling existing acreage for new landfills. b. Investigate methane gas recovery and use. Policy 1.3.3: Assure public awareness and participation in solid waste recycling issues by requiring all issues to be addressed in advertised public meetings. 8A COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Natural Groundwater Aquifer Recharge Sub - Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT Symbol Date Amended Ordinance No. ** May 9, 2000 Ordinance No. 2000 -25 * ** May 9, 2000 Ordinance No. 2000 -26 (I) May 9, 2000 Ordinance No. 2000 -27 ** Ordinance No. 2000 -25, rescinded and repealed in its entirety Collier County Ordinance No. 99 -63, which had the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM). * ** Ordinance No. 2000 -26, amended Ordinance No. 89 -05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98 -56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97 -59) and Drainage (Ord. No. 97 -61) sub - elements of the Public Facilities Element, Housing Element (Ord. No. 97 -63), Golden Gate Area Master Plan (Ord. No. 97 -64), Conservation and Coastal Management Element (Ord. No. 97 -66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97 -67); and re- adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Indicates adopted portions Note: the support document will be updated as current information becomes available. 8 A �" GOALS, OBJECTIVES AND POLICIES GOAL 1: THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND /OR CONTAMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE 1.1: On a biannual basis, beginning in October 1998, review and revise (as necessary) existing map delineations of recharge areas that are most sensitive to contamination from land development and other surface activities. The review and any map revisions will be based on geologic, hydrogeologic, hydrologic, and updated anathropogenic contaminant data aggregated during the previous biennium. Policy 1.1.1: Continue to revise 3- dimensional computer models of ground water flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. Policy 1.1.2: Continue to identify areas and revise previous identifications of areas that are especially vulnerable to contamination because of land use, drainage, geomorphic, soil, hydrogeological, and other conditions, such as the presence /absence of confining units. Policy 1.1.3: Identify existing land uses and land use activities that possess the greatest potential for ground water contamination. See Policy 1.5.4. Policy 1.1.4: Update criteria for determining and mapping sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. (1) Policy 1.1.5: Annual recharge amounts for the Surficial and Lower Tamiami aquifers are those described in the SFWMD's Publication WRE 4327, Mapping Recharge (Infiltration /leakage) throughout the South Florida Water Management District, August, 1995 (Map 1 and Map 2). (1) OBJECTIVE 1.2: Ground water quality shall meet all applicable Federal and State water quality standards. (1) Policy 1.2.1 Discharges to sinkholes or other karst related features with a direct hydrologic connection to the Surficial or Intermediate Aquifer Systems shall be prohibited. r 8A (1) Policy 1.2.2 Non - agricultural developments requiring an ERP permit from the SFWMD shall preserve groundwater recharge characteristics as required by the SFWMD and set forth in the SFWMD's Basis for Review, as it existed on October 31, 1999. Ground water recharge shall also be protected through the application of the retention /detention requirements and allowable off -site discharge rates for non - agricultural developments specified in Policies 1.6.2 and 1.6.3 in the Drainage Sub - Element. (1) Policy 1.2.3 Standards for protecting the quality of ground water recharge to the public water supply wellfields identified in the FLUE are the same as those provided in Policy 3. 1.1 of the Conservation and Coastal Management Element. (1) Policy 1.2.4 The Collier County Rural and Agricultural Area Assessment shall consider the ground water recharge characteristics in the County's rural area including the information contained in SFWMD publication WRE #327. (1) Policy 1.2.5 Collier County shall evaluate the necessity for adopting more stringent ground water recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. OBJECTIVE 1.3: Continue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, comparing analyze concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Policy 1.3.1: Continue the existing water quality monitoring program to provide base -line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 1.3.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 1.3.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 1.3.4: Gather and use appropriate data to refine and improve the data base used in the County's 3- dimensional ground water model. • Policy 1.3.5: By 1 October 1997, establish a water resources planning group composed of appropriate County, City of Naples, and SFWMD staff to provide guidance for ground water resource development, utilization, and conservation. OBJECTIVE: 1.4: Continue current activities of providing the public with educational materials concerning ground water protection issues in Collier County via annual technical publications of ground water quality data collected, general information publications, speakers' bureau presentations, K -12 classroom presentations, and in- service teacher workshops and seminars. Policy 1.4.1: Advise the public on the appropriate disposal methods for hazardous wastes. Policy 1.4.2: Provide information that can be understood by the general public on Collier County's groundwater system, its vulnerability to contamination and measures needed to protect it from contamination. OBJECTIVE: 1.5: The County will implement existing plans to preserve critical ground water recharge areas and ground water resources, and on a biennial schedule, beginning in October 1988, review, evaluate, and revise (if warranted) those plans and actions, based on geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous biennium. Policy 1.5.1: Develop technical criteria for determining which areas are critical to the County's long- term ground water needs. Policy 1.5.2: Identify the critical areas and appropriate protective mechanisms. Policy 1.5.3: Identify costs, funding mechanisms and private property rights. Policy 1.5.4: By 1 October 1997, implement a local petroleum storage tank cleanup program, especially in identified wellfield protection zones, operating within available State funding. Policy 1.5.5: By 1 October, 1997, increase household and Conditionally Exempt Small Quantity Generator (CESQG) hazardous waste collection. (1) GOAL 2, and OBJECTIVE 2.1, and Policies 2.1.1 - 2.1.4 [deleted] - -- -- __ 8 A � 1 • �� F.A11111° 1 Y s • tLl • ai >1 y LO V z � r �- LO r co j 0 V d' A l� � � r V ' l � Lq • � 1 • �� F.A11111° 1 Y s • • Lq r � I l v d 7j co n 7 nl Q ' V L G' ray L1 �c {gl • Re.,� /ill%% �^ • O P - I 1 1 1 LL L 7 O • O r � 8A �noaeee ie % %:' ff61111f1f�al + Ifitllil�I��A eftli�l�l + f f 0 -0 CO Q I C 0) o- N L IZ X O (n''''. '' O I l v d 7j n 7 nl G' �c {gl • Re.,� /ill%% �^ • • • • • • 8A �noaeee ie % %:' ff61111f1f�al + Ifitllil�I��A eftli�l�l + f f 0 -0 CO Q I C 0) o- N L IZ X O (n''''. '' O 8 A :I« COLLIER COUNTY /CITY OF NAPLES COMPREHENSIVE PLAN HOUSING ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NAPLES CITY COUNCIL October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN/ CITY OF NAPLES COMPREHENSIVE PLAN Symbol Date Amended Ordinance No. ** May 9, 2000 Ordinance No. 2000.25 * ** May 9, 2000 Ordinance No. 2000 -26 (1) May 9, 2000 Ordinance No. 2000 -27 ** Ordinance No. 2000 -25, rescinded and repealed in its entirety Collier County Ordinance No. 99 -63, which had the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98.0324GM). * ** Ordinance No. 2000 -26, amended Ordinance No. 89 -05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98.56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97 -59) and Drainage (Ord. No. 97 -61) sub - elements of the Public Facilities Element, Housing Element (Ord. No. 97 -63), Golden Gate Area Master Plan (Ord. No. 97 -64), Conservation and Coastal Management Element (Ord. No. 97 -66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97 -67); and re- adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Indicates adopted portions Note: the support document will be updated as current information becomes available. 8A TABLE OF CONTENTS PAGE NO. `Goals, Objective and Policies 3 Objective 1 4 Objective 2 5 Objective 3 5 Objective 4 6 Objective 5 7 Objective 6 8 Objective 7 9 GOALS. OBJECTIVES AND POLICIES GOAL 1: TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE 1: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and future very-low, low and moderate income residents of the County, including those households with special needs such as rural and farmworker housing in rural Collier County. JOINT CITY /COUNTY POLICIES Policy 1.1: Utilize intergovernmental agreements between the County and the City of Naples to coordinate SHIP, CDBG, and other State, Federal and private funds to improve coordination and efficiency in the provision of housing delivery assistance. Policy 1.2: Collier County and the City of Naples will work together to accomplish the community wide goal of creating a sufficient supply of market rate and below market rate housing. This effort will include consolidating the City and County housing programs and activities, including State and Federally funded programs such as SHIP and CDBG, in an effort to provide greater efficiency. Policy 1.3: The City and County will explore the development of a fair share affordable housing ordinance that will require commercial and residential developments to address the lack of affordable housing. The local jurisdiction will evaluate a broad range of options including the development of an affordable housing impact fee, the requirements that a percentage of units developed will be "set aside" for below market rate housing, provide for the transfer of development rights, an option whereby land could be donated to a nonprofit and /or placed in a land bank, or other alternatives that will assist in mitigating the rising need for affordable housing as the population increases. Policy 1.4: Affordable housing will be distributed equitably throughout the County using strategies which include, but are not limited to, density bonus agreements, and impact fee waivers or deferrals. In addition, affordable housing will be located where adequate infrastructure and services are available. CITY POLICIES None COUNTY POLICIES *Policy 1.5: Review the feasibility of incorporating the Collier County Housing Authority and the Collier County Housing and Urban Improvement office activities into one agency to provide greater coordination and efficiency in housing delivery services. 3 I 8A OBJECTIVE 2: By 2000, create a non - profit housing development corporation, formed with a cross section of representatives from business, government, housing advocates, and the community at large, which will assist the City and County in achieving a new goal of 500 dwelling units per year for very-low, low and moderate income residents of Collier County. JOINT CITY /COUNTY POLICIES Policy 2.1: Increase the supply of housing for all segments of the community including very low, low and moderate income residents and those with special needs including farmworker housing, through the use of existing programs such as low income housing tax credits, density bonuses and impact fee waivers or deferrals. Policy 2.2: Solicit input from the Chamber of Commerce, Economic Development Council, Collier Building Industry Association (CBIA), Naples Area Board of Realtors, Naples Area Apartment Association, Collier County Banking Partnership, the Affordable Housing Commission, and the Collier County Housing Authority to identify potential nonprofit board representation and members, and to develop a mission statement for the non- profit housing agency. The non - profit housing development Corporation will partner with other entities to apply for State and Federal housing funds available to non - profit corporations. This effort will result in the development of a more comprehensive housing delivery system that ensures the development of housing for all residents of Collier County through a partnership with private developers, non - profits, local governments and other interested parties. Policy 2.3: The County and City staff will continue to provide community organizations with brochures and up -dates on various housing programs, grant opportunities, technical assistance and other information that will promote affordable housing opportunities for very low, low and moderate income residents. Policy 2.4: By 1999, the County and the City will review existing codes and ordinances and amend as needed to allow for flexible and innovative residential design that encourages mixed use developments and variety of housing designs, styles, and price ranges. Policy 2.5: By 1998, the County and the City will review the existing permit processing systems in an effort to reduce the processing time and cost of housing, and especially for affordable housing, to identify areas that can be streamlined. Policy 2.6: Provide ongoing technical support and assistance to private developers and non - profit housing organizations in their efforts to secure State or Federal funding. Policy 2.7: Increase the utilization of existing impact fee ordinances to facilitate the development of affordable housing through the provisions of waivers and /or deferrals. 4 • t CITY POLICIES *Policy 2.8: Provide financial, technical and support assistance to the residents of the Carver /River Park neighborhood through continued coordination with property owners, property managers and renters. COUNTY POLICIES *Policy 2.9: Review the County's Density Bonus Ordinance every two years to reflect changing community needs and market conditions. Encourage the blending of affordable housing density bonus units into market rate developments and review the feasibility of approving density bonus at an administrative level. *Policy 2.10: Through the adoption of local incentives, such as density bonus agreements and impact fee waiver /deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworker families. *Policy 2.11: The County Housing and Urban Improvement Department will coordinate with independent water and sewer districts to ensure that the necessary infrastructure and facilities for new housing developments are in place, and consistent with the County's Concurrency Management System. *Policy 2.12: The County will adopt and implement policies which address site locations for farm worker housing, including strategies such as density bonus agreements, impact fee waivers or deferrals, and adequate infrastructure and services. OBJECTIVE 3: By 2000, increase the number of housing programs and amount of funding available to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including strategies such as Down Payment/Closing Cost Assistance, Rehabilitation and Emergency Repair, Demolition with New Construction, and Impact Fee Waivers or Deferrals. JOINT CITY /COUNTY POLICIES Policy 3.1: Utilize Federal, State and local resources for housing rehabilitation programs that repair and maintain the existing housing stock. Apply for additional funding such as, but not limited to, HOME and Florida Fix as funds become available. Policy 3.2: Local governments will seek out and apply for additional funding to help provide more affordable housing and will support applications from for profit and not - for - profit organizations who apply for State and Federal funding. 8A Policy 3.3: Utilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very low, low and moderate income residents. By leveraging Federal, State and local dollars, increase by five percent (5 %) per year the number of loans made by area lending institutions to very low, low and moderate income residents for home improvements, rehabilitation and first time homebuyer's assistance. CITY POLICIES *Policy 3.8: Through the Neighborhood Planning Process, the City will identify local housing issues and develop programs as needed to address these concerns. *Policy 3.9: By 1998, the City will initiate a study of the Old Naples area to determine architectural and development standards to protect and preserve the existing residential character of the area. *Policy 3.10 By 1998, the City will study and make recommendations to amend the Code of Ordinances to limit "megahouses" within the City. By 2000, these changes will be reviewed to determine their effectiveness. *Policy 3.11: By 1999, the City will review the need for a housing maintenance code to address the conservation of housing stock and the preservation and protection of residential neighborhoods. COUNTY POLICIES Policy 3.12: Collier County will apply for Community Development Block Grant (CDBG) urban entitlement county status through the U.S. Department of Housing and Urban Development which will result in an annual allocation of federal funding available to assist very-low, low and moderate income households. OBJECTIVE 4: By 2000, the County and City will conduct a comprehensive housing survey to identify substandard dwelling units. Through continued enforcement of each jurisdictions housing codes, and the provision of housing programs, the number of substandard units associated with a lack of plumbing and /or kitchen facilities throughout the County shall be reduced by 5% per year through rehabilitation or demolition. JOINT CITY /COUNTY POLICIES Policy 4.1: By 2001, use the comprehensive housing inventory to develop and implement new programs to reduce substandard housing employing existing methods such as housing code inspections, rehabilitation, and demolition with new construction and develop new programs as needed. 6 A*0 1 Policy 4.2: Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet housing code or cannot economically be rehabilitated. Policy 4.3: Review and amend the existing relocation policy of the City and the County, and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. Policy 4.4: In the event of a natural disaster or government intervention, replacement housing shall comply with all applicable Federal, State and local codes and shall consider commercial accessibility, public facilities, places of employment, and housing income. Policy 4.5: Dwelling units will be maintained in a safe and sanitary condition, including adequate light, ventilation, sanitation and other provisions as required by the County and the City minimum housing codes. This will be accomplished through housing code inspections and enforcement, and housing rehabilitation programs using State, Federal, local and /or private resources. CITY POLICIES None COUNTY POLICIES (1) Policy 4.6: By June 1, 2001, Collier County will conduct an inventory to determine the number of non - conforming and sub - standard mobile home housing units in the Immokalee Urban Area and develop an incentive plan to upgrade these units through the following activities: 1. Assign a team of staff members from the following departments to implement the program: Code Enforcement, Building Review, Planning and Housing and Urban Improvement. 2. Coordinate with other agencies that monitor and inspect mobile home parks. 3. Create and incorporate into the Collier County Land Development Code, flexible development standards that will be based on minimum life and safety standards. 4. Provide economic incentives to encourage the replacement of sub - standard units. (1) Policy 4.7: Within one year of inventory completion, the County shall complete a review of the residential density caps established in the Immokalee Area Master Plan to determine if and where it may be appropriate to increase such caps to encourage the development of new affordable housing units for farmworkers, very low and low income individuals. 8A OBJECTIVE 5: Collier County and the City of Naples will annually monitor all identified historically significant structures to determine that these structures are being conserved, maintained, and /or rehabilitated. JOINT CITY /COUNTY POLICIES Policy 5.1: Ensure the coordination of the Housing Element policies with the Future Land Use policies relevant to historic preservation. All structures that are listed on the National Register of Historic Places, or as contributing structures within the Old Naples National Register Historic District, or structures that are designated as locally significant historic resources will be encouraged to maintain their historic value through the provision of technical assistance. Policy 5.2: By 1999, the County and City will review the land development regulations, building code, FEMA regulations, and other requirements, and amend as necessary to encourage the conservation, maintenance and rehabilitation of historically significant structures. CITY POLICIES *Policy 5.3: The City will implement Objective 6 and all associated policies in the Future Land Use Element as they pertain to historically significant structures including the criteria for designation of locally historic resources found in Chapter 12 of the Support Document. *Policy 5.4: By 2000, coordinate with Future Land Use policies and study potential incentives to encourage the conservation, maintenance and rehabilitation of historic structures and make recommendations to City Council. COUNTY POLICIES *Policy 5.5: The conservation and rehabilitation of housing which is of historic significance shall be accomplished by working with private sector groups and private developers. *Policy 5.6: The Land Development Code that regulates the rehabilitation, demolition or relocation of historically significant housing will be emended as needed. *Policy 5.7: Every five years, the Historical Housing Construction Survey will be updated to ensure further identification of historically significant housing. The Collier County Probability maps will be updated as each new historic structure or residence is listed on the National Register or is locally nominated. *Policy 5.8: By 1999, the Historic /Archaeological Preservation Ordinance shall be updated to include any new historically significant housing and to include any changes in State or Federal regulations concerning historically properties. 8 8A OBJECTIVE 6: By 1999, the County and City will ensure that local land development regulations are in compliance with State and Federal regulations regarding group homes and foster care facilities locations. JOINT CITY /COUNTY POLICIES Policy 6.1: Provide non - profit organizations with information on Federal, State and local housing resources that will assist them in the provision of special needs housing. On an annual basis, or as needed, provide technical assistance and support as organizations apply for funding assistance. Policy 6.2: Review the County and City Fair Housing ordinances and procedures and consolidate fair housing implementation in order to provide consistency and coordination between the jurisdictions. Policy 6.3: By 1999, review existing County and City land development regulations and building codes to ensure compliance with State and Federal regulations, and amend as necessary, to provide for group homes and foster care facilities licensed by the State of Florida. Policy 6.4: Group homes and foster care facilities will be allowed in residentially zoned neighborhoods where adequate infrastructure, services and resources are available. The location of these facilities will be in compliance with local land use regulations and consistent with Chapter 419, F.S. CITY POLICIES None COUNTY POLICIES None OBJECTIVE 7 Although mobile home parks currently exist within Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, any new mobile home parks will be restricted to areas outside of the urban coastal fringe. JOINT CITY /COUNTY POLICIES None CITY POLICIES *Policy 7.1: The City formally recognized the existence of one mobile home park in the city limits through a Planned Development rezone process. This rezone process recognized that the Naples Mobile Home Park does provide affordable housing opportunities to those living in the 141 mobile homes and 31 recreational vehicle spaces within this complex. 9 8A *Policy 7.2: Additional mobile home developments will not be permitted in the city limits due to the City's low elevation, susceptibility to flooding, storm surges and high winds in hurricane and tropical storms and that mobile homes are particularly vulnerable to damage. COUNTY POLICIES *Policy 7.3: The County has numerous sites where mobile homes are a permitted use and these sites will continue to be available for mobile home development. However, due to the low lying elevations, susceptibility to flooding, storm surges and high winds from hurricanes and tropical storms, and that mobile homes are particularly vulnerable to damage, no additional sites will be zoned for mobile home development within coastal Collier County. (1) OBJECTIVE 8 The number of new and rehabilitated units shall increase by 50 units per year to address those households with special needs such as rural and farmworker housing in rural Collier County. (1) Policy 8.1: The County will coordinate with the USDA and other State and Federal Agencies to provide technical and financial assistance, impact fee waivers and deferrals and increased density, consistent with the Immokalee Area Master Plan, for a 300 bed facility to provide housing for unaccompanied agribusiness workers. (1) Policy 8.2: The County will prepare a housing assessment of single family, multi - family, and mobile home units and mobile home parks in the Immokalee Urban Area to determine the number of units that do not meet health and safety codes and the minimum housing code and target affordable housing and code enforcement programs to correct the conditions. (1) Policy 8.3: Funding for rehabilitation of both owner and rental units will be provided through USDA funding and State SHIP funding and leveraged with additional funding sources to the maximum degree possible. (1) Policy 8.4: Farmworker housing sites will be evaluated and selected to ensure that housing for this group is located in close proximity to such things as employment locations, transportation opportunities, shopping opportunities, and health care facilities. (1) Policy 8.5: Collier County will continue to make available all first -time homebuyer programs including SHIP, CDBG, and other State, Federal, and Private funds to Farmworkers through a multi - lingual marketing approach coordinated with local outreach services. The County anticipates that 50 farmworkers per year will become homeowners by implementing special outreach programs to encourage homeownership in the farmworker community. 10 • (1) Policy 8.6: When Collier County is awarded entitlement community status, CDBG funds will be used to provide additional farmworker- housing opportunities. In addition to housing units that currently qualify for assistance under SHIP program guidelines, special consideration of CDBG funds will be aimed at units that current SHIP program guidelines prohibit from assistance (i.e. mobile home units). Farmworkers will also be encouraged to take advantage of any other CDBG, SHIP, Local, State, Federal, and private programs through multi - lingual outreach programs to the farmworker community. 8A ;, COLLIER COUNTY GROWTH MANAGEMENT PLAN RECREATION AND OPEN SPACE ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN RECREATION AND OPEN SPACE ELEMENT Symbol Date Amended Ordinance No. ** October 28, 1997 Ordinance No. 97 -53 ** This is the EAR -based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. * Indicates adopted portions Note: the support document will be updated as current information becomes available. 100 GOALS, OBJECTIVES AND POLICIES GOAL 1: PROVIDE SUFFICIENT PARKS, RECREATION FACILITIES AND OPEN SPACE AREAS TO MEET THE NEEDS OF RESIDENTS AND VISITORS OF COLLIER COUNTY. OBJECTIVE 1.1: Continue to ensure that a comprehensive system of parks and recreation facilities is available from among facilities provided by the County, other governmental bodies and the private sector. Policy 1.1.1: The following level of service standards for facilities and land owned by the County or available to the general public are adopted: STANDARD OF SERVICE_ A. 1.2882 acres of community park land /1000 population B. 2.9412 acres of regional park land /1000 population C. Recreation facilities. Facilities in place which have a value (as (X) defined) of at least $179.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County as set forth in Table A applying the values to the number of each facility type, adding up all values and dividing the total by the County population. 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in place facility value. Policy 1.1.2: Encourage the continuation and expanded use of public school and other public and private facilities by the general public to maximize the benefit from available facilities. Policy 1.1.3: Ensure that economically disadvantaged individuals will not be restricted from any participation due to financial hardships. Policy 1.1.4 Acquire suitable lands for new park sites in areas where major population growth is expected. 8A Policy 1.1.5: Continue to correct or improve existing parks and recreation facilities deficiencies which are necessary in order to meet the level of service standards. Policy 1.1.6: The County shall continue to establish and implement a program with appropriate criteria to designate or acquire open space areas and natural reservations. OBJECTIVE 1.2: Protect designated recreation sites and open space from incompatible land uses through development of appropriate design criteria and land use regulations. Policy 1.2.1: Continue to update land development regulations outlining specific definitions and standards applying to recreation and open space land provisions for natural reservations and open space. Policy 1.2.2: Continue to rezone all County owned recreation sites and open space under appropriate recreation rezoning. OBJECTIVE 1.3: Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public. Policy 1.3.1: All public developed recreation facilities shall have, where appropriate, automobile, bicycle or pedestrian access facilities. Policy 1.3.2: Continue to ensure that access to beaches, shores and waterways remain available to the public and develop a program to the availability of such access and a method to fund its acquisition. OBJECTIVE 1.4: Continue formal mechanism to improve and coordinate efforts among levels of government and the private sector in order to provide recreational opportunities. Policy 1.4.1: Maintain and improve the existing system which encourages developers to provide recreation sites and /or facilities which are consistent with park and recreation guidelines. Policy 1.4.2: Continue to develop and implement a formal program for coordinating County programs with other government agencies. 8A " OBJECTIVE 1.5: Continue to operate existing program for enforcing existing future developer commitments for recreation facilities and open space. Policy 1.5.1: Continue to inventory new developer recreational facilities commitments as approved. This inventory will be updated on an annual basis. Policy 1.5.2: Enforce commitments of developers for recreation facilities and open spaces through appropriate actions of County agencies. OBJECTIVE 1.6: Whenever possible and practical, utilize County owned property for recreational uses. Policy 1.6.1: Continue to coordinate inventory of properties with appropriate County and State agencies to determine availability for recreation uses. E 8A COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 Symbol Date Amended Ordinance No. ** May 9, 2000 Ordinance No. 2000 -25 * ** May 9, 2000 Ordinance No. 2000 -26 (I) May 9, 2000 Ordinance No. 2000 -27 (II) October 22, 2002 Ordinance No. 2002 -54 (III) June 19, 2002 * * * ** Ordinance No. 2002 -32 * Indicates adopted portions ** Ordinance No. 2000.25, rescinded and repealed in its entirety Collier County Ordinance No. 99 -63, which had the effect of rescinding certain EAR -based Objectives and policies at issue in Administration Commission Case No. ACC -99- 02 (DOAH Case No. 98- 0324GM). * ** Ordinance No. 2000 -26, amended Ordinance No. 89 -05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98 -56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97 -59) and Drainage (Ord. No. 97 -61) sub - elements of the Public Facilities Element, Housing Element (Ord. No. 97 -63), Golden Gate Area Master Plan (Ord. No. 97 -64), Conservation and Coastal Management Element (Ord. No. 97 -66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97 -67); and re- adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Ordinance No. 99 -82, amended Ordinance No. 89 -05, as amended, the Collier County Growth Management Plan, pursuant to the Final Order dated June 22, 1999, in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM). This Ordinance was found "in compliance" by DCA, that determination was Challenged, an Administrative Law Judge issued a Recommended Order that sided with DCA, and DCA issued a Final Order finding the Ordinance "in compliance." * * * ** The above Ordinance No. 2002 -32 was adopted on June 19, 2002. However, due to legal challenges, it did not become effective until the Florida Department of Community Affairs issued its Final Order on July 22, 2003. Note: the support document will be updated as current information becomes available. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 • GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES. OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida ", published by the Florida Game and Fresh Water Fish Commission. Policy 1.1.1: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto August 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and management standards. Policy 1.1.3: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long -term direction for the Collier County Environmental Resources Management Program. Policy 1.1.4: Ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.5: Avoid unnecessary duplication of effort and continue coordination and cooperation with private, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1.1.6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. Policy 1.1.7: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. • 8A Policy 1.1.8: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: Maintain the framework for an integrated, computer -based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and /or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inventory. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and /or compiled data will be organized by established water -shed and sub -basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. (II) OBJECTIVE 1.3: Pursuant to Administration Commission Final Order AC -99 -002 dated June 22, 1999, the County has completed the phased delineation, data gathering, management guidelines and implementation of the Natural Resource Protection Area (NRPA) program as part of the required Collier County Rural and Agricultural Assessment. Through this Assessment, the County has determined that the NRPA program is not the only mechanism to protect significant environmental systems. Accordingly, within the Rural Lands Stewardship Area Overlay in the Future Land Use Element, the County has delineated Stewardship Sending Areas that will function to protect large environmental systems. Pursuant to the following policies, the County shall protect identified environmental systems through the NRPA and Rural Lands Stewardship programs. (II) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 b * ** *(11)(111) Policy 1.3.1: [Note: The Assessment has been completed, and GMP amendments adopted, for the entire Assessment area; this included establishing NRPAs on the Future Land Use Map. There are no longer any interim NRPAs or any study areas. The GMP amendments adopted for the Assessment area are now in effect; accordingly, the Final Order issued on June 22, 1999 by the Administration Commission, which included a partial moratorium for the Assessment area, is no longer in effect.] The purpose of the NRPA program is to direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; Pursuant to the Final Order, the general areas of CREW Lands, Belle Meade and South Golden Gate Estates have been mapped and identified as NRPAs on the Future Land Use Map. These areas shall be further refined as the Assessment is implemented as a collaborative and community -based effort. All available data shall be further considered and refined during the Assessment to determine the final boundaries of these NRPAs. As part of the Assessment, the County shall evaluate the merits of including additional areas into these boundaries including, but not limited to, the area of Northern Belle Meade. During the Assessment for the Rural Fringe area, the County has determined that CREW Trust lands, the Belle Meade, and a portion of the Northern Belle Meade shall be identified as NRPAs. The County also has determined that the South Golden Gate Estates is a NRPA. The specific boundaries have been identified as NRPAs on the Future Land Use Map. The status of the other interim NRPAs and study areas shown on the Future Land Use Map will be addressed at the completion of the Assessment. Within the remaining study areas, the following shall be the primary focus of addition study: In addition to the moratorium referenced above, the County shall give notice to the Florida Department of Community Affairs of all applications to develop or otherwise impact the above special study areas. b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria for the NRPAs are those contained in the NRPA Overlay within the Future Land Use Element. d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8A (II) Policy 1.3.2 The overall purpose and description of the Rural Stewardship program is defined in the Rural Lands Stewardship Area (RLSA) Overlay found in the in the Future Land Use Element. A Stewardship Credit system has been established as the primary basis for the protection of Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention Areas (WRAs). The RLSA Overlay also contains policies to direct incompatible land uses away from FSAs, HSAs and WRAs in order to protect wetlands, upland habitats and listed species within the RLSA. (II) Policy 1.3.3: Continue with management guidelines as defined within the County LDC that provide for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. (II) Policy 1.3.4: Guided by the Technical Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. (II) Policy 1.3.5: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub -basin management plans. (II) = Plan Amendment by Ordinance No. 2002 -54 on October 22. 2002 �A 4 GOAL 2: THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems. Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy 2.1.2: The Plans will provide for various tasks such as monitoring land- disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Policy 2.1.3: The Plans will also evaluate structural and non - structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2.1.4: All Watershed Management Plans should address the following concepts: a. Appropriate wetlands are conserved; b. Drainage systems do not unacceptably affect wetland and estuary ecosystems; C. Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt -water intrusion are lessened; e. The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; and f. The needs of the watershed's natural resources and human populations are balanced; The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and h. Non - structural rather than structural methods of surface water management should be considered first in and proposed new works. Policy 2.1.5: 1 8 " - As appropriate, integrate environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2.1.6: Promote intergovernmental cooperation between Collier County and the municipalities of Naples and Everglades City for consistent watershed management planning. Policy 2.1.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run -off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage in wetlands are encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy 2.2.5: By December 31, 1998, identify stormwater management systems that are not meeting State water quality treatment standards. OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. r 8A Policy 2.3.2: -- Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4: Continue to implement and refine a water quality and sediment monitoring program for the estuarine system Policy 2.3.5: Continue to have staff coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum, this agreement includes the following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run -off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3.6: Restrict development activities where such could adversely impact coastal water resources. OBJECTIVE 2.4: By June 30, 1998, complete a draft agreement with the Florida Department of Environmental Protection regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The agreement shall identify the process for notifying FDEP of development projects within the watersheds of these preserve areas. Policy 2.4.1: At a minimum the County shall notify Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2: The County shall request the Department of Environmental Protection staff to participate in the development of future coastal and watershed management plans. Policy 2.4.3: The County will request the cooperation of the Department of Environmental Protection to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. 8 A " GOAL 3: THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL (1) OBJECTIVE 3.1: Ground water quality shall meet all applicable Federal and State water quality standards by January 2002 and shall be maintained thereafter. (1) Policy 3.1.1: Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) W -1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) W -2 is the land area between the W -1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ground water travel time to the potable water wellfield). c) W -3 is the land area between the W -2 boundary line and the twenty -five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W -4 is the land area between the W -3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk management zones as follows: a) Future solid waste disposal facilities: prohibited in all wellfield risk management zones. b) Future solid waste transfer stations: prohibited in W -1, W -2, W -3. c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes: prohibited in W -1, W -2, W -3. d) Future non - residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids: provide for absorption or secondary containment in W -1, W -2, W -3. e) Future domestic wastewater treatment plants: prohibited in W -1. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. g) Land application of domestic residuals: limit metal concentrations, nitrogen based on uptake ability of vegetation), and require a conditional use. h) Future petroleum exploration and production and expansions of existing: prohibited in W -1 and W -2, conditional use required in W -3 and W -4. i) Future on -site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to discharge in zone W -1 subject to complying with construction standards and provision of an automatic dosing device and a low- pressure lateral distribution. j) On -site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W -1, W -2, and W -3 shall meet all construction and operating standards contained in 64E -10, F.A.C. as the rule existed on August 31, 1999 and shall implement a ground water monitoring plan. I 8 3. Conditional uses shall be granted only in extraordinary circumstances and where impacts of the development will be isolated from the Surficial and Intermediate Aquifer. (1) OBJECTIVE 3.2: The County shall implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper construction of wells and promote aquifer protection. (1) Policy 3.2.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. (1) Policy 3.2.2: Implement the South Florida Water Management District's well construction standards in the Collier County Well Construction Ordinance that will provide for inspections and penalties if well drillers do not follow these standards. (1) Policy 3.2.3: A committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff will continue to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. (1) Policy 3.2.4: The County will inform well contractors and drillers and the public on the necessity for proper well construction and hold. workshops for well drillers on proper techniques for well construction in Collier County. (1) Policy 3.2.5: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. (1) OBJECTIVE 3.3: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub - Element.) (1) Policy 3.3.1: Maintain and refine a 3- dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. (1) Policy 3.3.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands ". (1) Policy 3.3.3: Continue to identity and delineate existing land uses that possess the greatest potential for wellfield contamination. 10 8 A (1) Policy 3.3.4: Continue to establish and apply technically and legally defensible criteria for determining and mapping zones of protection. (1) Former OBJECTIVE 3.3 and Policies 3.3.1, 3.3.2, 3.3.3, 3.3.4 (deleted] OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub - Element.) Policy 3.4.1: Continue the existing water quality monitoring program to provide base -line data, evaluate long -term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3- dimensional ground water model. 8A GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: Collect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database tracking all permitted wells and wells having consumptive use permits. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.3: Compile from appropriate local, State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. OBJECTIVE 4.2: The County will promote conservation of its water supply and by April 1, 1998, develop a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2.4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial /industrial parks, and incorporate these into future planning for effluent disposal. Policy 4.2.5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Policy 4.2.6: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. 12 8a GOAL 5: THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5.1.1: The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy 5.1.4: Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1). Policy 5.1.5: Monitoring shall be required to determine compliance with State water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. OBJECTIVE 5.2: Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Policy 5.2.1: The Program will define reclamation standards for the protection and restoration of wildlife habitat. OBJECTIVE 5.3: On biennial basis, beginning in October, 1998, review and refine estimates of types and quantities of existing minable mineral resources in Collier County, based in information collected during previous biennium. Policy 5.3.1: Work with the Florida Department of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. 13 8A GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. (11)(111) OBJECTIVE 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. pq(m) Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural - Industrial District and Rural- Settlement Area District as designated on the FLUM, native vegetation shall be preserved on -site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non - agricultural development except for single - family dwelling units situated on individual lots or parcels. The standards and criteria provided for in this policy may change for the area governed by the Golden Gate Area Master Plan, which is currently under restudy, by Plan amendment. The following standards and criteria shall apply to the vegetation retention requirements referenced above: (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (111) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 IN Coastal High Hazard Area Non - Coastal Hi In Hazard Area Less than 2.5 acres 10% Less than 5 acres. 10% Residential and Mixed Use Equal to or greater Greater than 5 acres Development than 2.5 ac. 25% and less than 20 acres. 159%. Equal to or greater than 20 ac. 25% Golf Course 35% 35% Commercial and Industrial Less than 5 acres. 10% Less than 5 acres. 10% Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50 %, not to exceed 25% of the 50 %, not to exceed 25% of the Industrial District only) project site. project site. The following standards and criteria shall apply to the vegetation retention requirements referenced above: (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition. (111) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 IN ' 8A (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. All on -site or off -site preserve areas shall be identified as separate tracts and protected by a permanent conservation easement to prohibit further development, consistent with the requirements of this policy. (4) Selection of preservation areas shall reflect the following criteria in descending order of priority: a. Onsite wetlands shall be preserved pursuant to Policy 6.2.4 of this element; b. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 of this element. Parcels containing gopher tortoises shall protect the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent gopher tortoise preserves. c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1. Any upland habitat that serves as a buffer to a wetland area, 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. d. Exceptions to these priorities are noted in (7) below. (5) Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. (6) A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, and maintenance of permitted facilities. (7) Exceptions, by means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowing these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements can not be relocated as to protect the existing native vegetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re- create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. (8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement. (9) Preservation areas shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (10) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 16 18A space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (II)(III)Policy 6.1.2 For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except that, for Section 24, Township 49 South, Range 26 East, located in the North Belle Meade Overlay, a minimum of 70% of the native vegetation present, not to exceed 70% of the total site area, shall be preserved. c. Non -NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or 80% of the total site area; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or 90% of the total site area, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. I. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15 -foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under -story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co- located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 75% or less canopy coverage of melalueca or other invasive exotic plant species. The vegetation retention requirements specified in this policy are calculated on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover, emphasizing the largest contiguous area possible. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. All onsite or offsite preserve areas shall be identified as separate tracts and protected by a permanent conservation easement to prohibit further development, consistent with the requirements of this policy. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 17 � 8A �. (4) Selection of the presence areas shall reflect the following criteria in descending order of priority: a. Onsite wetlands shall be preserved pursuant to Policy 6.2.5 of this element; b. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 of this element. Parcels containing gopher tortoises shall protect the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent gopher tortoise preserves. c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1. Any upland habitat that serves as a buffer to a wetland area. 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. (5) Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. (6) A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, and maintenance of permitted facilities. (7) Off -site preservation shall be allowed to provide flexibility in the project design. a. Within Receiving and Neutral Lands, off -site preservation shall be allowed for up to 50% of the vegetation retention requirement. 1. Off -site preservation areas shall be allowed at a ratio of 1:1 if such off -site preservation is located within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. b. Within non -NRPA Sending Lands, off -site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controlling. 1. Off -site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3:1. c. Off -site preservation shall not be allowed in NRPA Sending Lands. (8) Density Bonus Incentives shall be granted to encourage preservation amounts greater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development regulations to implement this incentive program. (9) On -site preservation areas shall also conform to the Open Space requirements as specified in the Future Land Use Element. These preservations shall be part of and counted towards the Open Space requirements. (10) Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Objective 6.5 of this element; (11) Preservation areas shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors; (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 Wd 60 1 (12) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (II)Policy 6.1.3 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, native vegetation shall be preserved pursuant to the RLSA policies found in the Future Land Use Element. (11)(111)Policy 6.1.4 fre- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Applicants for development permits shall submit and implement plans for invasive exotic plant removal and long -term control. (2) Maintenance plans shall describe specific techniques to prevent re- invasion by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation in the Land Development Code and update it as necessary. (11)(111) Policy 6.1.5 [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 Agriculture shall be exempt from the above preservation requirements contained in Policies 6.1.1, and 6.1.2 of this element provided that any new clearing of land for agriculture shall not be converted to non - agricultural development for 25 years. For any such conversions in less than 25 years, the requirements of Policy 6.1.1 and 6.1.2 of this element shall be applied to the site at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re- create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. Agricultural clearing within the Rural Lands Stewardship Area (RLSA) Overlay shall be allowed and guided by the RLSA policies found in the FLUE. (11)(111) Policy 6.1.6 (re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 - The requirements of this Policy shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 19 f gq Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S ( +/ -360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing landfill operations; exotic removal will be required on the entire +/- 360 acres. (11)(111) Policy 6.1.7 (re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. This shall be accomplished by: (1) Providing incentives for retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation requirements for new landscaping; and, (3) Wet detention ponds within the Urban Designated area shall have a littoral shelf with an area equal to 2.5% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Wet detention ponds within the Rural Fringe Mixed Use District, shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. (4) Stormwater management systems within the Rural Lands Stewardship Area (RLSA) Overlay shall be designed pursuant to the RLSA policies found in the Future Land Use Element. (II)(III)Policy 6.1.8 (re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] An Environmental Impact Statement (EIS) is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. An EIS shall be required for: 1. Any site with an ST or ACSC -ST overlay, or within the boundaries of Sending Lands or NRPAs. 2. All sites seaward of the Coastal High Hazard Area boundary that are 2.5 or more acres. 3. All sites landward of the Coastal High Hazard Area boundary that are ten or more acres. 4. Any other development or site alteration, which in the opinion of the development services director, would have substantial impact upon environmental quality. The EIS requirement does not apply to a single family or duplex use on a single lot or parcel. The EIS requirement may be waived subject to the following: 1. Agricultural uses as defined in 9J- 5.003(2), including aquaculture for native species. 2. After inspection by County staff and filing of a written report, any land or parcel of land has been so altered as to have irreparable damage to the ecological, drainage, or groundwater recharge functions; or that the development of the site will improve or correct the existing ecological functions or not require any major alteration of the existing landforms, drainage, or flora and fauna elements of the property. For the purpose of this policy, major alteration shall mean greater than 10% of the site. 3. Exemptions shall not apply to any parcel with an ST or ACSC -ST overlay, or within the boundaries of Sending Lands or NRPAs except for single family homes or as otherwise allowed by the ST or ACSC -ST criteria. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 20 8A — (11)(III)Policy 6.1.9 (re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 The County shall provide for adequate staff to implement the policies supporting Objective 6.1. (11)(111) OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. (11)(111) Policy 6.2.1 As required by Florida Administrative Code W5- 5.006(1)(b), wetlands identified by the 1994 -95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. (11)(111) Policy 6.2.2 Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of jurisdictional wetland boundaries are further described by the delineation methodology in Section 373.421 Florida Statutes. (11)(111) Policy 6.2.3 Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. The process outlined within this policy is _ primarily based on directing concentrated population growth and intensive development away from large connected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the Urban boundary. Many fall within public lands or lands targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRPA or Sending designations in the Rural Fringe. Protection measures for wetlands and wetland systems located within the Eastern Lands portion of the County's Rural and Agricultural Assessment (depicted on the FLUM) will be adopted prior to November 1, 2002. Within the Urban and Estates designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, this shall be deemed to presence and protect wetlands and their functions. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems by the following mechanisms: (1) Conservation Designation Best available data indicates that 76% of all wetlands found in Collier County are contained within the boundary of the land designated as Conservation on the Future Land Use Map. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 21 8A The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. The allowed land uses specified in the FLUE's Conservation Designation (Reference FLUE Land Use Designation Section IV.) will accommodate limited residential development and future non - residential development. These limitations support Collier County's comprehensive process to direct concentrated population growth and intensive land development away from large connected wetland systems. (2) Big Cypress Area of Critical State Concern Overlay (ACSC) Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District on the Future Land Use Map provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay specifies that site alterations shall be limited to 10% of the total site. A large percentage of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (Land Use Designation Section V.) (3) Natural Resource Protection Areas (NRPAs) Major wetland systems and regional flow -ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map. These areas identify high functioning wetland systems in the County and represent an additional 12 %± of County wetlands that are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses for NRPAs are also subject to native vegetation and preservation standards of 90 %. (Reference the NRPA Overlay in the FLUE.) (4) Rural Fringe Mixed Use District Sending Lands Best available data indicates that 16,000± acres of wetlands are contained within designated Sending Lands constituting 70 %± of land cover in these areas. Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive - based Transfer of Development Rights Program that allows land owners within these Sending Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use District Receiving Lands. Incompatible land uses are also directed away from Sending Lands by restricting allowable uses. (Reference FLUE Rural Fringe Mixed Use District.) Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90 %. (Reference CCME Policy 6.7. 1) (5) Flowway Stewardship Areas (re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -541 Within the Rural Lands Stewardship Area (RLSA) Overlay as designated on the Future Land Use map, Flowway Stewardship Areas (FSAs) are primarily privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the primary wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures Collier County shall allow for more intensive development to occur in Rural Fringe Receiving Lands, North Golden Gate Estates, the Rural- Settlement Area District, and the Urban Designated Areas subject to the land uses identified in the Future Land Use Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan. These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands within the coastal portion of the Urban Designated Area, the County finds that the wetland systems in these areas are more fragmented and altered than those systems located within the Conservation Lands, ACSC and NRPA overlays, and Rural Fringe Sending Lands. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 22 r gA On a project- specific basis, wetlands and wetland functions shall be protected through the - following mechanisms: (1) Federal and State jurisdictional agency review and wetland permitting; (2) Vegetation preservation policies supporting CCME Objective 6.1; (3) Wetland protection policies supporting CCME Objective 6.2; and (4) Clustering provisions specified in the FLUE (Reference FLUE Rural Fringe Mixed Use District.) . (11)(111) Policy 6.2.4: Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. This policy shall be implemented as follows: (1) Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. (2) The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of single - family residences which are not part of an approved development or are not platted. (3) Collier County will work with the jurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public entity such as CREW lands; public or private mitigation banks; and other areas appropriate for mitigation, such as flow ways and areas containing habitat for listed species. (4) Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford /Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in Policy 6.2.5 shall apply in this area. As part of the County's Evaluation and Appraisal Report (EAR), the County shall identify this area and map its boundaries on the Future Land Use Map. (11)(111) Policy 6.2.5: Within the Rural Fringe Mixed Use District, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment described below in paragraph (2), and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: a. The acreage requirements of Policy 6.1.2 of this element shall be met by preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph (2) of this policy. Wetlands having functionality assessment scores of at least 0.65 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.1.2 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands having a functionality assessment score greater than 0.65 shall be required to be retained exceeding the acreage required by Policy 6.1.2 of this element. b. Wetlands utilized by listed species or serving as corridors for the movement of wildlife -- shall be preserved on site. c. Wetland flowways through the project shall be maintained. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 23 18A d. Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. e. Upland vegetative communities may be utilized to meet the vegetative preservation requirements of Policy 6.1.2 of this element when the wetland functional assessment score is less than 0.65. (2) In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg -001, dated September 1997, and updated August 1999, until such time as the District adopts the proposed Unified Wetland Mitigation Assessment Method, described in draft form and identified as F.A.C. Chapter 62- 345 - Uniform Wetland Mitigation Assessment Method. The applicant shall submit to county staff, agency accepted WRAP scores. County staff shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph (1) above. (3) All direct impacts shall be mitigated for pursuant to the requirements of paragraph (6) of this policy. (4) Single family residences shall follow the requirements contained within Policy 6.2.7 of this element. (5) The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50 -foot vegetated upland buffer adjacent to a natural water body, and for other wetlands a minimum 25 -foot vegetated upland buffer adjacent to the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50 %. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: 1. Passive recreational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. e. A structural buffer may consist of a stem -wall, berm, or vegetative hedge with suitable fencing. (6) Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions. a. Mitigation Requirements: 1. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. However, in no case shall the acreage proposed for mitigation be less (III) = Plan Amendment by Ordinane No. 2002 -32 on June 19, 2002 24 8A . than the acreage being impacted. 2. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. 3. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. 4. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (6)a.1, (6)a.2, and (6)a.3 of this policy. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. 5. Mitigation requirements for single - family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Policy 6.2.7 of this element. b. Mitigation Incentives: 1. Collier County shall encourage certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and vegetation retention requirements. Density bonuses shall be limited to no more than 10% of the allowed density. 2. Preferred mitigation activities that would qualify for these incentives include, but are not limited, to the following: (a) Adding wetland habitat to or restoring wetland functions within Rural Fringe Mixed Use District Sending Lands, (b) Creating, enhancing or restoring wading bird habitat to be located near wood stork, and/or other wading bird colonies. 3. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific criteria in the LDC to implement this incentive program, and to identify other mitigation priorities. (11)(111) Policy 6.2.6 (this Policy reflects merger of Ordinance No. 2002 -32 and 2002 -541 Within the Urban Designation and the Rural Fringe Mixed Use District, [required] wetland preservation, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.5(5)d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. (11)(111) Policy 6.2.7 Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. This policy shall be implemented as follows: (1) For single - family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland - related permits before Collier County issues a building permit. (2) Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single - family building permits that federal and (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 25 8 A state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. (3) Within one (1) year of the adoption of these amendments, Collier County shall work with federal and state agencies to identify properties that have a high probabilities of wetlands or listed species occurrence. The identification process will be based on Hydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if it is sufficiently accurate to require federal and state wetland approvals prior to issuing a building permit within these areas. The County shall use this information to inform property owners of the potential existence of wetlands on their property. (11) Policy 6.2.8 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, wetlands shall be preserved pursuant to the RLSA Overlay policies found in the Future Land Use Element. (11)(111) Policy 6.2.9 [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] The County shall provide for adequate staff to implement the policies supporting Objective 6.2. (11)(III)OBJECTIVE 6.3 The County shall protect and conserve submerged marine habitats. (11)(111) Policy 6.3.1 The amount of permitted wet slips for marinas shall be no more than 18 boat slips for every 100 feet of shoreline where impacts to sea -grass beds are less than 100 square feet. When more than 100 square feet of sea -grass beds are impacted, then no more than 10 boat slips for every 100 feet of shoreline are allowed. (11)(111) Policy 6.3.2 Impacts to sea -grass beds shall be minimized by locating boat docks more than 10 feet from existing sea -grass beds. Where this is not possible, boat docks shall be sited to impact the smallest areas of sea -grass beds possible, be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feet. (11)(111) Policy 6.3.3 The protection of sea -grass beds shall be a factor in establishing new, or revising existing, speed zones to regulate boat traffic. (11)(111) OBJECTIVE 6.4 The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. (11)(111) Policy 6.4.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 26 i 8A (11)(111) Policy 6.4.2: Continue to meet with the appropriate counties at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. (11)(111) Policy 6.4.3: The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. (11)(111) OBJECTIVE 6.5: (this Objective reflects merger of Ordinance No. 2002 -32 and 2002 -541 The County shall protect natural reservations from the impact of surrounding development. For the purpose of this Objective and its related policies: natural reservations shall include only Natural Resource Protection Areas (NRPAs) and designated Conservation Lands on the Future Land Use Map; and, development shall include all projects except for permitting and construction of single - family dwelling units situated on individual lots or parcels. This Objective and its Policies shall apply only to the Rural Fringe Mixed Use district [except as noted in Policy 6.5.3]. (11)(111) Policy 6.5.1: All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. (111) Policy 6.5.2: The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: (1) The required open space shall be used to provide a buffer between the project and the natural reservation. Open space allowed between the project's non -open space uses and the boundary of the natural reservation shall include those areas of natural preserves, natural or man -made lakes, golf courses, recreational areas, required yard set -back areas, and other natural or man -made open space requirements. Existing agricultural operations shall be allowed within the open space requirements with additional agricultural clearing allowed subject to best management practices, consistent with the provisions of the Right to Farm Act. a. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary: (1) preservation areas; (2) golf course roughs maintained in a natural state; (3) stormwater management areas; (4) pervious nature trails and hiking trails limited to use by nonmotorized vehicles. b. The uses in paragraph a above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. Within the Rural Fringe Mixed Use District, these more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation. c. In addition, where woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adjacent natural reservation, the open spaces identified in sub - sections 1.a.(1) through (3) are considered acceptable for placement within a buffer as specified below: (1) Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests — 1,500 feet; (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 27 Am -A (2) Wading bird roost — 300 feet; (3) These buffer distances shall only apply to the identified entity within the natural reservations. (4) These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan. d. Existing native vegetation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Policy 6.1.1 and 6.1.2 of this element. e. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the project to the natural reservation. The County shall consider the recommendations from the USFWS and the FFWCC in the delineation of the corridors. Appropriate accommodations include: (1) Use of fences, walls or other obstructions to encourage wildlife to use natural corridors or to separate wildlife corridors from areas of human activity, (2) Location of roads away from identified corridors; (3) Use of appropriate roadway crossings, underpasses and signage where it is unavoidable for roadways to cross wildlife trails; (4) Any other techniques recommended by the USFWS and the FFWCC. f. Outside of this open space buffer, other permitted uses shall be located in such a manner as to place the most intensive land uses the furthest distance from the natural reservation. g. The County shall consider the recommendations by the USFWS and the FFWCC when considering the placement of open space next to natural reservations and setback distances from listed species as noted above. Any such changes shall be deemed consistent with the Growth Management Plan. (2) The wildlife protection criteria of Policy 7.1.1 shall also apply. (3) Within the Rural Fringe Mixed Use District, stormwater management systems discharging directly to the natural reservation shall meet the Outstanding Florida Water criteria of one - half inch of dry retention or retention pretreatment as specified in Section 5.2.2(b), of the SFW MD's Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, August 2000. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review. (II)Policy 6.5.3: [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] Criteria contained in the County's Rural Lands Stewardship Area (RLSA) Overlay shall apply to development within the RLSA that is contiguous to natural reservations. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 W P I1 1 GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. (11)(111) OBJECTIVE 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. (11)(111) Policy 7.1.1 Incompatible land uses are directed away from listed species and their habitats by the following mechanisms: (1) Conservation Designation on the Future Land Use Map The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational and economic benefits. These areas have been demonstrated to have high wildlife value. The allowed land uses specified in the FLUE's Conservation Designation will accommodate limited residential development and future non - residential development. These limitations help direct many incompatible land uses away from listed species and their habitats contained in this Future Land Use Designation. (Reference FLUE: Future Land Use Designation, Description Section.) (2) Big Cypress Area of Critical State Concern Overlay (ACSC) The land development regulations contained in the ACSC Overlay district provide standards that facilitate the goal of directing incompatible land uses away from listed species and their habitats. (Reference FLUE: Future Land Use Designation, Description Section.) (3) Natural Resource Protection Areas (NRPAs) The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats (Reference CCME: Objective 1.3). These areas describe large, intact and relatively unfragmented habitats important for many listed species. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs are specified in the FLUE. (Reference the FLUE for the specific requirements.) The NRPA Overlay is intended to direct incompatible land uses away from listed species and their habitats. (4) Sending Lands (Transfer of Development Rights): Sending Lands are those lands that have a high degree of environmental value and sensitivity and generally include wetlands, uplands, and habitat for listed species. Due to their high environmental value, Sending Lands are targeted for preservation and conservation either through acquisition or through incentives for private property owners. Privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are considered to be Sending Lands. Allowable land uses within Sending Lands are specified in the FLUE: Future Land Use Designation, Description Section, B. Rural Fringe Mixed Use District. These limitations help direct many incompatible land uses away from listed species and their habitats. (5) Habitat Stewardship Areas (HSAs)[re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] Listed animal and plant species and their habitats shall also be protected through the establishment of Habitat Stewardship Areas (HSAs) within the RLSA Overlay. HSAs are privately owned agricultural areas, which include areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat and help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of Credits resulting in the (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 29 � 8A a elimination of incompatible uses and the establishment of protection measures. (Reference FLUE: RLSA Overlay.) (6) All other policies supporting Objective 7.1 of this element. [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] (11)(111) Policy 7.1.2 [this Policy reflects merger of Ordinance No. 2002 -32 and 2002 -54] Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission ( FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors 1. The following references shall be used, as appropriate, to prepare the required management plans; a. South Florida Multi- Species Recovery Plan, USFWS, 1999. b. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. c. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. d. Ecology and Development - Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. e. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large -scale Development Sites in Florida, Nongame Techincal Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. 2. The County shall consider any other techniques recommended by the USFWS and the FFWCC, subject to the provisions of paragraph (3) of this policy. 3. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the listed species habitats first, as a part of the retained native vegetation requirement contained in Policy 6.1.1 and Policy 6.1.2 this element. The County shall also (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 30 • t • consider the recommendations of other agencies, subject to the provisions of _.. paragraph (3) of this policy. (b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (c) Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on -site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (e) For the red - cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on -site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi - Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear -proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. (g) For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fells concolor coryl) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire - adapted preserved vegetative communities and provide browse for white - tailed deer. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (h) In order to protect the West Indian Manatee (Trichechus manatus) and its habitat, a marina siting rating system based on water depth, native marine habitat and manatee abundance shall be used to limit new or expanded wet -slip densities to no more than 18 boat slips per 100 feet of shoreline for all multi -slip docking facilities with ten (10) slips or more, and for all marina facilities. All multi -slip docking facilities with ten slips or more, and all marina facilities, shall adopt and implement a Manatee Awareness and (III) = Plan Amendment by Ordinance No. 200232 on June 19, 2002 11 • Protection Plan to include an Education and Public awareness program and the posting and maintaining of Manatee awareness signs. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of Policy 7.1.2(3) of this element. (i) In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of Policy 7.1.2(3). Q) The Management Plans shall contain a monitoring program for developments greater than 10 acres. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. (II)Policy 7.1.3 For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, listed species shall protected pursuant to the RLSA policies found in the Future Land Use Element. (11)(111) Policy 7.1.4 [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] All development shall comply with applicable federal and state permitting requirements regarding listed species protection. (11)(111) Policy 7.1.5 [re- numbered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] The County shall provide for adequate staff to implement the policies supporting Objective 7.1. (11)(111) OBJECTIVE 7.2 Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.1 through 7.2.4, the County's objective is to minimize the number of manatee deaths due to boat related incidents. (11)(III)Policy 7.2.1: The County shall apply the marina siting criteria contained in Policy 7.1.2 (2)(h) of this element in order to direct increased boat traffic away from sensitive manatee habitats. (11)(III)Policy 7.2.2: Sea -grass beds shall be protected through the application of Policies 6.3.1, 6.3.2 and 6.3.3 of this element. (11)(III)Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5). The County shall maintain the manatee protection speed zones that were adopted in the Collier County Manatee Protection Plan and make revisions as needed. The County shall continue to work with (111) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 32 j 8A appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed. (II)(III)OBJECTIVE 7.3 Historical data from 1996 -1999 shows that the average number of sea turtle disorientations is 5% of total nests. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. (11)(111) Policy 7.3.1 The County shall apply the lighting criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlings from adverse lighting conditions. (11)(111) Policy 7.3.2: County staff shall conduct regular inspections to ensure coastal properties comply with proper lighting conditions and with applicable prohibitions of overnight storage of furniture and other equipment during sea turtle season (May 1 through October 30). (11)(111) Policy 7.3.3: The County shall update the public awareness materials designed to inform coastal residents and visitors how they can protect sea turtles. (11)(111) OBJECTIVE 7.4 The County shall continue to improve marine fisheries productivity by building additional artificial reefs. (11)(111) Policy 7.4.1: The County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. (11)(111) Policy 7.4.2: The County will coordinate its activities with the Florida Department of Environmental Protection, the Marine Extension Office and other appropriate agencies. (III) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 33 8A GOAL 8: THE COUNTY SHALL MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: All activities in the County shall comply with all applicable federal and State air quality standards. Policy 8.1.1: The County will rely on the Florida Department of Environmental Protection, the Florida Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Florida Division of Forestry, or the local fire departments as appropriate. Policy 8.1.3: The local fire departments, Florida Department of Environmental Protection, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them. Policy 8.1.4: Automobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8.1.5: By January 1, 2000, the County shall investigate the need for a more comprehensive local air quality monitoring program. 34 8A . GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULOUS AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1: The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established underTitle III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9.1.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. OBJECTIVE 9.2: The County shall verify the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. Policy 9.2.1: During the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. 35 Policy 9.2.2: The verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields. OBJECTIVE 9.3: The Collier County Solid Waste Department collection day at least once per year. shall continue to hold its hazardous waste Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. (1) OBJECTIVE 9.4: The County shall continue to implement its local storage tank compliance program. Policy 9.4.1: The County shall implement provisions of the contract with the Department of Environmental Protection under the Super Act provisions in order to avoid any duplication of effort. (1) Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. (1) Policy 9.4.3: Unless otherwise provided for in CCME Policy 3.1.1, storage tank systems shall adhere to containment provisions required in 62 -761, F.A.C., as it existed on August 31, 1999. (1) OBJECTIVE 9.5 and Policy 9.5.1 [deleted] 36 8A GOAL 10: THE COUNTY SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.1: Priorities for shoreline land use shall be given.to water dependent uses over water related land uses and shall be based on type of water- dependent use, adjacent land use, and surrounding marine and upland habitat considerations. Policy 10.1.1: Priorities for water - dependent uses shall be: a. Public Boat Ramps; b. Marinas; 1. commercial (public) marinas over private marinas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non - polluting water- dependent industries or utilities. Policy 10.1.2: No deep water ports shall be allowed. Policy 10.1.3: Priorities for water - related uses shall be: a. Recreational facilities b. Marine supply /repair facility c. Residential development Policy 10.1.4: The following priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetative communities for water dependent/water related land uses shall apply: a. areas presently developed, b. disturbed uplands, c. disturbed freshwater wetlands, d. disturbed marine wetlands, e. viable, unaltered uplands, f. viable, unaltered freshwater wetlands, g. viable, unaltered marine wetlands. Policy 10.1.5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7.2.3.) 37 18A Policy 10.1.6: New marinas shall conform to the following criteria: a. Marinas must provide vehicular parking and sewage pump -out facilities; b. Fueling facilities shall be designed to contain spills from on -land equipment and shall be prepared to contain spills in the water. C. Marina facilities must be accessible to all public services essential to ensure their safe operation. d. Marinas and multi -slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy 10.1.7: Marinas and other water- dependent and water - related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Policy 10.1.8: All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate the economic need and feasibility for such development. Policy 10.1.9: These policies shall serve as criteria for the review of proposed development in "ST" designated lands. OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site -plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project. 38 8A Policy 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Policy 10.2.4: All public access facilities shall include parking facilities and roadway access. Policy 10.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy 10.3.6: Prohibit construction of structures seaward of the undeveloped coastal barriers. Exception shall be for crossovers, and where enforcement would not allow such property. In the latter event, require construction function of such coastal barrier system. 39 Coastal Construction Control Line on passive recreational structures access any reasonable economic utilization of that minimizes interference with natural • • Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 10.3.11: Shoreline hardening structures (e.g., rip -rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 10.3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy 10.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 10.3.15: Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies related to coastal barrier systems. OBJECTIVE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. 40 Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Policy 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. Policy 10.4.10: Vehicle traffic or traffic on the beach and primary emergency and approved maintenance purposes. Th e with the existing Vehicle On The Beach Ordinance. 41 dunes shall be prohibited except for County shall enforce this requirement a • 8A Policy 10.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10.4.12: In permitting the repair and /or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, b. Where appropriate, repaired structures will be redesigned Policy 10.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy 10.5.2: Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 10.5.7: Pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. 42 8A Policy 10.5.8: Prohibit shoreline armoring processes and encourage non - structural methods for stabilizing beaches and dunes. Policy 10.5.9: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.5.10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy 10.5.11: The County will waive all other non - safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. Policy 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. (1) OBJECTIVE 10.6: The County shall conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. (1) Policy 10.6.1: In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10. 5, development within the County's coastal zone shall also meet the following criteria: 1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5 acres: a. Wiggins Pass Unit FL -65P, b. Clam Pass Unit FI -64P, c. Keywaydin Island Unit P -16, d. Tigertail Unit FI -63 -P, e. Cape Romano Unit P -15. 2. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed pristine habitats (Reference Policy 10.1.4). 3. Beachfront developments shall restore dune vegetation. 4. Projects on coastal barriers shall be landscaped with native Southern Floridian species. 5. Boathouses, boat shelters and dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds except where a continuous bed of seagrass exists off of the shore of the property , in which case facility heights shall be at least 3.5 feet NVGD, terminal platforms shall be less than 160 square feet and access docks shall not exceed a width of four (4) feet. 43 8A GOAL 11: THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE -USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. Policy 11.1.1: Continue in effect regulations regarding development and other land alteration activities that ensure the conservation, sensitive re -use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. Policy 11.1.2: There shall be no loss of historic or archaeological resources on County -owned property and historic resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: a. During the development permit review process, historic or archaeological sites shall be identified and shown on the site plans; b. The County shall establish waivers for non - safety related set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed development; c. As an alternative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division of Historic Resources or the approved alternate prior to development. Should a site be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites; e. Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development regulations. Policy 11.1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. 45 • • GOAL 12: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE -- THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. (1) OBJECTIVE 12.1: The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update, and reduce that time frame by 1999, to 27.2 hours. Activities will include on -site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Policy 12.1.1: A comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings shall be printed in each local newspaper. This information shall be made readily available to all hotel /motel guests. (1) Policy 12.1.2: Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Policy 12.1.3: The County shall continue to identify shelter space that complies with Red Cross standards for 45,000 persons by 1998 and 60,000 by 2002. Shelter space will be determined at the rate of 20 square feet per person. Policy 12.1.4: The County shall continue to maintain requirements and standards for hurricane shelters for all new or existing mobile home subdivisions in the process of expanding, which are 26 units or larger in size to provide emergency shelter on -site or provide funding to enhance existing public shelters off -site. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population during the June - November time frame. On -site shelters shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level utilizing the current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures designated as "essential facilities" in the latest Standard Building Code, Table 1205. Shelters shall be constructed with adequate emergency electrical power and potable water supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities and first -aid equipment. A telephone and battery- operated telephone is also required within the shelter. Policy 12.1.5: The directors of the Transportation and Emergency Management Departments will review, at least annually, evacuation route road needs to assure that necessary improvements are incorporated within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table 1 of the Appendix. 46 8A Policy 12.1.6: The County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan prior to June 1st of each year by integrating all regional and State emergency plans in the identification of emergency evacuation routes. Policy 12.1.7: The County's land development regulations include mitigation policies addressing flood plains, beach and dune alteration and storm water management. (1) Policy 12.1.8: Upon approval of the "Local Hazard Mitigation Strategy" by the Department of Community Affairs Collier County will begin implementation of the Local Mitigation Projects as listed in the Plan. (1) Policy 12.1.9: Construct all new Public Safety facilities to be floodproofed and designed to meet 160 mph wind load requirements. (1) Policy 12.1.10: The County will continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). (1) Policy 12.1.11: The County will continue to work with the Board of Regents, State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area be designed and constructed to meet the Public Shelter Design Criteria in "State Requirements for Educational Facilities" (1997), Section 5.4(15). (1) Policy 12.1.12: The County will continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants and from funds identified in the annual Shelter Deficit Studies. (1) Policy 12.1.13: All new nursing homes and assisted living facilities that are licensed for more than 15 clients will have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities. (1) Policy 12.1.14: The County will consider establishing one -way evacuation routes on County maintained roads for storm events that have the potential for inundating low -lying populated areas. The County will coordinate with FDOT to consider one - waying State maintained roads that are primary evacuation routes for vulnerable populations. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly 47 t 8A owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 12.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Policy 12.2.2. The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re- evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 12.2.3: The County shall participate in the National Flood Insurance Program (NFIP) Policy 12.2.4: The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. (1) Policy 12.2.5: The County shall consider the coastal high- hazard area as that area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update. Policy 12.2.6: The County shall require that all new sanitary sewer facilities in the coastal high- hazard flood area be flood proofed, be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable, and new septic tanks shall be fitted with back -flow preventers. Policy 12.2.7: The County shall continue to assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Policy 12.2.8: Public facilities that are dependent on county funding shall not be built in the coastal high- hazard area unless the facility is designed for public access or for resource restoration. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post- hurricane disasters. Policy 12.3.1: The Comprehensive Emergency Management Plan shall comply with the policies under this objective, and shall contain step -by -step details for post disaster recovery. Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re -entry of the 48 r 8Af H population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3: The recovery task force shall include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. Policy 12.3.4: The recovery task force shall review and decide upon emergency building permits, coordinate with State and Federal officials to prepare disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Policy 12.3.5: Immediate repair and clean -up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Policy 12.3.6: Structures in the coastal high- hazard area which have suffered damage to pilings, foundations, or load- bearing walls on one or more occasion shall be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. Policy 12.3.7: The County shall develop and adopt a Post - disaster Recovery, Reconstruction and Mitigation Ordinance prior to May 30, 1997, to evaluate options for damaged public facilities including abandonment, repair in place, relocations, and reconstruction with structural modifications. This process shall consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy 12.3.8: Within 30 days of a hurricane resulting in disaster the County shall identify non - public structures in the coastal high- hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post- disaster recovery. OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. Policy 12.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. 49 Policy 12.4.2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy 12.4.3: The County, in cooperation with the Collier County Health Department and other public service groups shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. 50 8A GOAL 13: THE COUNTY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. Policy 13.1.1: There will be no unnecessary duplication of existing Regional, State, or Federal permitting programs. Policy 13.1.2: The County may adopt regulations to strengthen existing permitting programs. Policy 13.1.3: Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. It fulfills an important need not presently adequately met by existing Regional, State, or Federal regulation. b. The regulation can be effectively and efficiently administered by authorized increases to County staff. C. The cost to the County of implementing the regulation shall have been identified and considered. 51 8A COLLIER COUNTY GROWTH MANAGEMENT PLAN INTERGOVERNMENTAL COORDINATION ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN INTERGOVERNMENTAL COORDINATION ELEMENT Symbol Date Amended Ordinance No. ** October 28, 1997 Ordinance No. 97 -56 ** This is the EAR -based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. * Indicates adopted portions Note: the support document will be updated as current information becomes available. INTERGOVERNMENTAL COORDINATION ELEMENT 8A � GOALS, OBJECTIVES AND POLICIES GOAL 1: PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH BROWARD, DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF EVERGLADES AND NAPLES, COLLIER COUNTY SCHOOL BOARD, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERATIVE, SPRINT /UNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE DIVISION (MSTU), FLORIDA WATER SERVICES, FLORIDA CITIES WATER COMPANY, MEDIA ONE, AND CABLEVISION INDUSTRIES, THAT MAY BE IMPACTED BY COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS. OBJECTIVE 1.1: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, establish intergovernmental communication and level of service coordination mechanisms to be used by Collier County, Cities of Everglades and Naples, adjacent counties, the Collier County School Board, the State, and any other entity that provides a service but may not have land use authority. Policy 1.1.1: Collier County will continue to utilize existing coordination mechanisms, e.g., interlocal planning agreements, joint meetings and any other mechanism described in this element which promotes consistent planning activities. Policy 1.1.2: The Collier County Comprehensive Planning Section of the Planning Services Department shall be the designated liaison to disseminate information on proposed Growth Management Plan amendments by the County which effect any of the entities listed in Objective 1.1. Policy 1.1.3: The Collier County Comprehensive Planning Section of the Planning Services_Department shall prepare and review an annual level of service monitoring report of the Growth Management Plan. The purpose of this report is to provide the affected entities with the information in order to evaluate and coordinate level of service standards. Policy 1.1.4: The Collier County Comprehensive Planning Section of the Planning Services Department shall recommend procedures to be taken if the entity that has maintenance responsibility does not plan for the necessary improvements in a timely manner in order to maintain the County adopted level of service. Policy 1.1.5: 8A - In situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, or solid waste, the County will coordinate its adopted level of service standard within the parameters allowed by the Concurrency Management System of the Capital Improvement Element of this Plan. OBJECTIVE 1.2: Coordinate Collier County's land use planning strategy, including an assessment of proposed development, with that of other government and private entities. Policy 1.2.1: Collier County will continue to identify, develop, and pursue areas where intergovernmental land use planning and level of service agreements are needed between respective governmental or private entities. Policy 1.2.2: These intergovernmental planning agreements shall include provisions for review and comment on Collier County land use plans along jurisdictional lines, facility planning for water, sewer, roads, and any other public facilities that may have an impact on other entities or cause inconsistencies between comprehensive plans. Policy 1.2.3: Continue to participate in cooperative planning programs with other governmental entities. Policy 1.2.4: Where appropriate, mutual planning and management programs for natural resources shall be undertaken. This shall include but not be limited to a mutual program for the management of Naples Bay with the City of Naples; a mutual program for the management of certain estuarine areas that fall under the jurisdiction of more than one local entity; a mutual program for management of groundwater resources with Lee and Hendry Counties; and a mutual program for delineation and management of watersheds. Policy 1.2.5: The County shall coordinate plans, programs, regulations and activities for the provision of housing with those of adjacent governments, particularly the City of Naples. Policy 1.2.6: The County shall continue to coordinate with the Collier County School Board on the site selection for new schools and the provision of infrastructure, particularly roads, to support existing and proposed school facilities in accordance with the Interlocal Agreement adopted in accordance with Chapter 163.3177 F.S. on June 25, 1996. Policy 1.2.7: Adopt, and make part of the County's Growth Management Plan, the SWFRPC Dispute Resolution, Rule 291 -7, dated April 1994, a voluntary regional dispute process to reconcile differences on planning, growth management, and other issues among local governments, regional agencies and private interest. OBJECTIVE 1.3: The County shall continue to coordinate annexation plans of all incorporated areas in the County. 8A Policy 1.3.1: Collier County will identify any proposed annexation areas in the Future Land Use Element and indicate these areas on the Future Land Use Map or map series. OBJECTIVE 1.4: By January 1, 1999, the County shall complete an evaluation of informal and formal coordination mechanisms between the County, other units of local, regional, state, and federal government and any private entity which provides an essential public service that affects Levels of Service and /or land use planning in the County. Policy 1.4.1: By January 1, 1998, the County shall establish the criteria to be used to complete an update of the evaluation of informal and formal coordination mechanisms between the County, other units of local, regional, state, and federal government, and private entities which provide an essential public service that affect Levels of Service and /or land use planning in the County. Policy 1.4.2: By January 1, 1998, the County shall implement procedures and activities that will improve communications between the County and other units of local, regional, state, and federal government, and private entities which provide an essential public service that affect Level of Service and /or land use planning. These procedures and activities will be based on data derived from the update of the evaluation of informal and formal coordination mechanisms. COLLIER COUNTY "8A GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol Date Amended Ordinance No. +. May 9, 2000 Ordinance No. 2000 -25 + +. May 9, 2000 Ordinance No. 2000 -26 (I) May 9, 2000 Ordinance No. 2000 -27 (Il) May 9, 2000 Ordinance No. 2000 -30 (III) May 9, 2000 Ordinance No. 2000 -33 (IV) December 12, 2000 Ordinance No. 2000 -87 .. ++ March 13, 2001 Ordinance No. 2001 -11 (V) March 13, 2001 Ordinance No. 2001 -12 *Ordinance (VI) May 14, 2002 * * ** No. 2002 -24 (VII) October 22, 2002 Ordinance No. 2002 -54 (Vill) February 11, 2003 Ordinance No. 2003 -07 (IX) June 19, 2002 * * + ** * Ordinance No. 2002 -32 (X) September 9, 2003 Ordinance No. 2003 -43 (XI) September 10, 2003 Ordinance No. 2003 -44 * Indicates adopted portions •' Ordinance No. 2000 -25, rescinded and repealed in its entirety Collier County Ordinance No. 99 -63, which had the effect of rescinding certain EAR -based objectives and policies at Issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM). *'• Ordinance No. 2000 -26, amended Ordinance No. 89 -05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98 -56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97 -59) and Drainage (Ord. No. 97 -61) sub - elements of the Public Facilities Element, Housing Element (Ord. No. 97 -63), Golden Gate Area Master Plan (Ord. No. 97 -64), Conservation and Coastal Management Element (Ord. No. 97 -66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97 -67); and re- adopts Policy 2.2.3 of the Golden Gate Area Master Plan. *•'• Scrivener's Ordinance correcting omissions on Flue Map *•• *• Ordinance No. 2002 -24 was adopted on May 14, 2002. However due to legal challenge to Petition CP- 2002-2, Buckley Mixed Use Subdistrict, that Subdistrict did not become effective until the Florida Department of Community Affairs Issued Its Final Order on May 8, 2003. *• "• The above Ordinance No. 2002 -32 was adopted on June 19, 2002. However, due to legal challenges, it did not become effective until the Florida Department of Community Affairs Issued its Final Order on July 22, 2003. Note: The support document will be updated as current information becomes available. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 • TABLE OF CONTENTS SUMMARY OVERVIEW A. PURPOSE B. BASIS C. UNDERLYING CONCEPTS Protection of Natural Resource Systems Coordination of Land Use & Public Facilities Management of Coastal Development Provision of Adequate & Affordable Housing Attainment of High Quality Urban Design Improved Efficiency and Effectiveness in the Land Use Regulatory Process Protection of Private Property Rights D. SPECIAL ISSUES Coordination of Land Use and Public Facility Planning Level of Service Standards Vested Rights E. FUTURE LAND USE MAP 8A Page 2 3 3 4 4 -7 II. *IMPLEMENTATION STRATEGY • GOALS, OBJECTIVES AND POLICIES • FUTURE LAND USE DESIGNATION DESCRIPTION SECTION Urban Designation Density Rating System Agricultural /Rural Designation Estates Designation Conservation Designation Overlays and Special Features * FUTURE LAND USE MAP SERIES *Future Land Use Map *Mixed Use & Interchange Activity Centers *Properties Consistent by Policy (5.9, 5.10, 5.11) *Natural Resources - Wetlands (1)* Wellhead Protection Areas (IV)* Bayshore /Gateway Triangle Redevelopment Overlay Map (IX)* Stewardship Overlay Map (IX)* Rural Lands Study Area Natural Resource Index Maps Support Document: Public Facilities Natural Resources - Waterwells, Cones of Influence River, Bays, Lakes, Floodplains, Harbors, and Minerals (includes lands acquired for conservation and lands proposed for acquisition for conservation) Soils III. SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS (Separate Table of Contents) (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 7 -10 10 11 -109 110 I. OVERVIEW ,VII)(IX)A. PURPOSE The geographic framework for growth in Collier County is established by the Future Land Use Element. As such, the Element is central to planning for: protection and management of natural resources; public facilities; coastal and rural development; and, housing and community character and design. The Element is also important to the County's system of land development regulations and to private property rights. The purpose of the Future Land Use Element is to guide decision - making by Collier County on regulatory, financial and programmatic matters pertaining to land use. Most directly, this Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy in this Element is closely coordinated with a strategy for provision of public facilities as found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan, and with the strategies to protect and conserve natural resources as found in the Conservation and Coastal Management Element. (VII)(IX) B. BASIS (reflects merger of Ordinance No. 2002 -32 and 2002 -541 This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. Moreover, this Element includes a strategy for the protection of natural resources and agri- business in the Rural Fringe Mixed Use District [and] Rural Lands Stewardship Area by employing various regulations and incentives to direct incompatible land uses away from such natural resources and to enhance the economic viability of agri- business. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulation Act" and Chapter 9J -5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provide detailed requirements on the scope and content of the Element. Finally, major contributions to this Element have been provided by the public through the following: • Collier County Citizens Advisory Committee in conjunction with the Evaluation and Appraisal Report adopted by the Board of County Commissioners in April, 1996, • The Rural Fringe Area Oversight and Eastern Lands Area Oversight Committees; • The Environmental Advisory Council; • The Collier County Planning Commission, which is the local planning agency; and (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8A^ • Other groups and individuals, through both written and verbal input, at, or as a result of, hundreds of duly advertised public workshops and meetings. C. UNDERLYING CONCEPTS The land use strategy established by this Element is based on a series of concepts, which emerge from the foundation cited earlier. The policy direction and implementation mechanisms closely relate to these underlying concepts. (VII)(IX) Protection of Natural Resource Systems [reflects merger of Ordinance No. 2002 -32 and 2002 -54] Collier County is situated in a unique, sensitive and intensely interactive physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna, including many species that are Federally and /or State listed, warranting special protection; extensive and highly productive estuarine systems; and, many miles of sandy beach. In addition to their habitat value, these natural resources perform functions that are vital to the health, safety and welfare of the human population of the County, and serve as a powerful magnet to attract and retain visitors and residents. Therefore, protection and management of natural resources for long -term viability is essential to support the human population, ensure a high quality of life, and facilitate economic development. Important to this concept is management of natural resources on a system -wide basis. The Future Land Use Element is designed to protect and manage natural resource systems in several ways: • Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land development away from areas of great sensitivity and toward areas more tolerant to development. • Within the Urban Designated Areas this Element encourages Planned Unit Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Development Regulations (LDRs), development is guided to the portions of the property that is of lesser environmental quality, thus, in effect, constituting an on -site transfer or clustering of development rights. • A broader "off- site" Transfer of Development Rights (TDR) provision [and] Stewardship Credit System, set forth in this Element and primarily applicable to the Rural Fringe Mixed Use District [and] Rural Lands Stewardship Area is a key component of the County's overall strategy to direct incompatible land and uses away from important natural resources, including large connected wetland systems and listed species and their habitat. • An Area of Critical State Concern Overlay is included on the Future Land Use Map to ensure implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. • The County has designated several interim Natural Resource Protection Area (NRPA) overlays as permanent NRPAs, which are intended to maintain the connection between, and the preservation of, large connected wetland systems and critical habitat areas for listed species by allowing very limited land uses and through high native vegetation preservation standards and buffers from adjacent land uses. These permanent NRPA overlay areas are primarily located within the Rural Fringe Mixed Use District where these large connected wetlands systems and habitat areas occur. (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 • • The County's Land Development Regulations provide standards for protection of groundwater, particularly in close vicinity to public water supply wells by implementing policies set forth in the Natural Groundwater Aquifer Recharge Element. • Natural resources are also protected through close spatial and temporal coordination of land development with the availability of adequate infrastructure (public or private facilities) to ensure optimized accommodation of human impacts, particularly in relation to water supply, sewage treatment, and management of solid waste. This coordination is accomplished through the provision of public facilities as detailed in the Capital Improvements and Public Facility Elements and through the Level of Service Standards (LOS) found herein. Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi- objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human systems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levels and an approximation of natural discharge to estuaries. The watershed management plans will have implications for both water management and land use practices. (Vil)(IX) Coordination of Land Use and Public Facilities At the heart of Florida's Growth Management Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through LOS standards. The LOS standards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding LOS standards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvements and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the standards serve to assure the availability of adequate facilities, whether public or private. The Urban Service Area concept manifested in this Element is crucial to successful coordination of land development and the provision of adequate public facilities. It is within Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are primarily concentrated for the provision of roads, water supply, sewage treatment and water management. Nevertheless, facilities and services such as parks, schools, emergency and other essential services, and improvements to the existing road network are anticipated outside of the Urban Designated Area, primarily within the areas known as North Golden Gate Estates and the Rural Fringe Mixed Use District. In the case of designated Receiving Lands within the Rural Fringe Mixed Use District, in order to protect natural resources and private property rights, extension of central sewer and water is permitted in order to: support the TDR program; allow for maximum utilization of clustering of allowable residential density; foster the development of rural villages; and, as an incentive to encourage the use of other innovative planning techniques. It is important that the Urban Designated Area not be so large that public facilities cannot be (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 � 1 • efficiently and effectively planned for and delivered; and not be so small that the supply of land available for development is extremely limited with resultant lack of site selection options and competition leading to elevated land prices. It is also important that the time frames for land use and public facility planning be coordinated as discussed later in this Overview. (VII)(IX) Management of Coastal Development Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk in natural hazard areas. Extensive populated areas in Collier County are vulnerable to periodic salt -water inundation from tropical storms or hurricanes. It is extremely important that an acceptable balance between at -risk population and evacuation capability be achieved. In addition, public and private investment in such vulnerable areas must be carefully considered. This issue is addressed here and in the Conservation and Coastal Management Element through several measures. A Coastal High Hazard Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category 1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning areas. Within the Coastal High Hazard Area maximum permissible residential density is limited in recognition of the level of risk, the existing deficiency of evacuation shelter space and existing patterns of density. The Coastal High Hazard Area is also identified in the Conservation and Coastal Management Element and policies are provided therein. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. Provision of Adequate and Affordable Housing An emerging issue in Collier County is the availability of adequate and affordable housing for low and moderate - income populations. The Future Land Use Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element. Attainment of High Quality Urban Design The report of the Regional /Urban Design Team for the Naples area, dated April 1987, and subsequent recommendations of the R /UDAT Citizen Committee, provide another underlying concept. While the Growth Management Plan as a whole provides the requisite foundation for superior urban design through a sound framework for growth (protection of natural resources, thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future Land Use Element provides several additional measures. Major attention is given to the patterns of commercial development in Collier County. Concern about commercial development relates to transportation impacts both on a micro (access to road network) and macro (distribution of trip attractors and resultant overall traffic circulation) level and it relates to aesthetics and sense of place. Within the Traffic Circulation Element a commitment to adopt standards for road access has been accomplished through the Access Control Policy adopted by Resolution and the Access Management Plans for Mixed Use Activity Centers included in the Land Development Regulations. The Future Land Use Element (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19. 2002 ` 8A includes improved locational criteria for commercial development. The Mixed Use Activity Centers are intended to provide for concentrated commercial development but with carefully configured access to the road network. Superior urban design is therefore promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points. A second urban design initiative relates to Corridor Management Plans. The Future Land Use Element committed to the completion of such plans for two roadways initially and to extend the concept to other roads in the future. The plans will identify an urban design theme for a particular road and recommend a package of Land Development Regulations (land use, height, setback, landscaping, signage, lighting, etc.) and public works (landscaping, lighting, signage, etc.) to achieve that theme. The City of Naples and Collier County have cooperated on the first roads to be treated with this approach. The Streetscape Master Plan adopted by the Board of County Commissioners identifies appropriate landscaping treatments for the different corridors in the County. Collier County has also adopted Design Standards for all commercial development into the Land Development Code. These development standards include building design, parking lot orientation, pedestrian access, vehicular movement, landscaping and lighting. These standards will provide for quality development that is responsive to the Community's character. Attention has been devoted to improving the land use regulatory process through straightforward requirements and procedures. This has led to the style and structure of this Plan; a reorganization of the development review process; and the compilation of all Land Development Regulations into a single, unified Land Development Code. Protection of Private Proaerty Rights Important to every facet of this Element is maintenance of a careful balance between private property rights and the general public interest. Although sound land use management by definition establishes limits on use of property, care has been taken to ensure the limits are rational; fair; based on the health, safety and welfare of the public; and that due process is provided. Of particular importance is the issue of vested rights, which is addressed later in this Overview. D. SPECIAL ISSUES Coordination of Land Use and Public Facility Planning It is important that the time frames of land use planning and public facilities planning be coordinated. During the development of the Urban Area Buildout Study it became clear that an incongruity existed in that under the1989 Collier County Comprehensive Plan, enough land in the western coastal area was designated Urban for approximately 275,000 dwelling units (inclusive of the City of Naples) with a population of 458,000, with buildout occurring between 2019 and 2046, depending on the growth rate of the County. Of this, approximately 120,000 dwelling units were built as of April 1, 1996 (inclusive of the City of Naples). In the Immokalee Urban Area, enough land had been included for approximately 39,000 dwelling units with a build -out time horizon of 2105. These buildout time frames are contrasted by the time frames for public facility planning which are at 10 years for all facilities except roads where a 2020 financially feasible plan exists for the County. The 2020 plan is designed to accommodate • approximately 246,500 dwelling units and a population of 393,100 (inclusive of the City of Naples). As previously discussed, Level of Service Standards for public facilities which are binding on land development are adopted for roads, water supply, sewage treatment, water management, parks and solid waste. Of these, the first are most closely tied to the development of a property - adequate roads, water, sewer and water management must be on or adjacent to a property in order for it to be developed. Parks and solid waste are a matter of ensuring adequate countywide capacity. To narrow the issue further, it is recognized that the approach to adequate water management is regulatory - a level of on -site storm flood protection is required. In the case of water and sewer, the County has provided utility systems, which are substantial and expanding. Thus, the critical issue becomes coordination of land use and transportation time frames. The difficulties that this incongruity - in land use planning and transportation planning time frames - could lead to, include: - An internally inconsistent Plan; - Failure to reserve adequate right -of -way at time of zoning; - Condemnation of land after zoning or after development in order to obtain adequate right of way; - Temporary prohibitions on issuance of Development Orders due to violations of Level of Service Standards: and - Progressive lowering of Level of Service Standards. The Comprehensive Plan responds to the time frame discrepancy through immediate action and through process oriented commitments. First, the Traffic Circulation Element includes an Objective to coordinate with the Future Land Use Element and a policy to complete long range transportation planning. The Urban Area Buildout Study was prepared to assist in the development of a long range "vision" of the Coastal Urban Area with a specific focus on the infrastructure improvements needed to accommodate the Urban area's potential growth based on the Future Land Use Map. Phase I, completed in 1994, provided a comprehensive review of the urban area population while Phase II was an analysis of infrastructure needed to accommodate that population. Second, the Density Rating System has been adjusted to moderate maximum permissible densities in areas subject to long range congestion. Third, commercial development opportunities in the form of Mixed Use Activity Centers are provided to include a mixture of uses which has the potential to lessen the impact on the transportation system. Fourth, the Level of Service Standards that are binding on the issuance of Development Orders are adopted as part of this Element, as well as the Capital Improvements Element. Finally, a Zoning Reevaluation Program has been established and implemented which reviewed and modified, where possible, zoning with a higher density or intensity than provided for in the 1989 Comprehensive Plan. The areas identified as subject to long range traffic congestion consist of the western coastal Urban Designated Area seaward of a boundary marked by Airport Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). The basis for this determination was the 2015 Transportation Plan which forecasts future land use based on existing development, potential development and population projections. The land use forecasts are the basis for projected • unconstrained traffic circulation from which, once compared to the existing roadway network, future roadway needs are derived. The 2020 Financially Feasible Road Plan, as well as the Needs Assessment Plan, which represents buildout of the Urban Area, have not met with public acceptance. Therefore, the strategy discussed above is promoted, which include: extend time frame of transportation planning; moderate maximum permissible densities in areas subject to long range congestion; provide commercial development opportunities which serve to modify the overall traffic circulation pattern; and re- evaluate existing zoning. Level of Service Standards Standards for adequate service for roads, water, sewer, water management, parks and solid waste are adopted as a part of the Capital Improvements Element. While a major purpose of the standards in the Capital Improvements Element is to drive the funding of facility expansion commensurate with the demand created by population growth, the major purpose for inclusion in this Element is to serve as a regulatory tool. Objective 2 states: ... No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System found in the Capital Improvements Element... As discussed in the previous section, implementation of the Standards will rely on the following strategies: Parks - Annual Certification of Adequate Capacity; Solid Waste - Annual Certification of Adequate Capacity; Water Management - Project- Specific Regulatory Requirement; Sewage - Project- Specific Capacity Test (may be provided publicly or privately as a central or individual system); Water - Project- Specific Capacity Test (may be provided publicly or privately as a central or individual system); and Roads - Project- Specific Capacity Test. It is recognized that difficulties may arise in situations where the County is not providing the facility or service but is responsible for implementation of a regulatory Level of Service Standard. This is the case with State Roads running through the County; with independent and City of Naples water and sewer districts within the County; and conversely, with County Roads running through the City of Naples. In these instances effort has been made to coordinate the "regulatory" Level of Service Standard with the "funding" Level of Service Standard. However, if there is a failure by the service provider, adjustment to the regulatory effort may be forced. For example, if the State Department of Transportation allows a road to fall below its "funding" standard, (which is the same as the County's "regulatory" standard) and there is no commitment to accelerate funding and construction, four options are available: A moratorium may be imposed but may not be sustainable if there is no commitment to improve the road by a definite and reasonable time; - The County may improve the road; - The private sector may improve the road; or - The regulatory Level of Service Standard may be lowered through a Comprehensive Plan amendment process. Vested Rights The issue of vested rights for approved but unbuilt development is an important consideration in the Future Land Use Element. The issue emerges with regard to existing zoning which is inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential dwelling units in relation to the difficulty of forecasting development trends and resultant facility needs; with regard to transportation planning time frames and right -of -way needs; and with regard to approved but unbuilt commercial zoning (C -1 -C -5 and PUD) in 1995 which found that of the approximately 4,152 acres of commercially zoned land, 1,780 acres, or 43 %, are developed. This Comprehensive Plan responds to the vested rights issue by establishing a program which reviewed all previously approved zoning. Within three years after Plan was adopted, all zoning was reviewed. If it is was determined to be inappropriate and is not vested, the zoning was adjusted to an appropriate classification. Annually thereafter, zoning will be re- evaluated on the fifth anniversary of its approval as identified in the Land Development Regulations. (See Appendix C of the Support Document for a complete discussion of the vested rights issue). (VII)(IX) E. FUTURE LAND USE MAP The Future Land Use Map depicts the desired extent and geographical distribution of land uses in the County. Mixed -use categories are used to generally describe the character of allowed development. Within each of these categories, a range of uses is permitted based upon specific standards as described in the Designation Description Section of this Element. These uses include residential, commercial, industrial, agricultural, recreational, conservation, educational, community, and public facilities. The Future Land Use Map series includes additional map series: Future Land Use Map - Mixed Use Activity Centers and Interchange Activity Centers Future Land Use Map - Properties Consistent by Policy (5.9, 5.10, 5.11) Future Land Use Map - Natural Resources: Wetlands; Future Land Use Map — Stewardship Area Overlay; Future Land Use Map — Rural Lands Study Area Natural Resource Index Maps The following Future Land Use Maps are located in the Support Document: Future Land Use Map - Public Facilities, which shows existing and planned public facilities; Future Land Use Map - Natural Resources: Waterwells, Cones of Influence, Rivers, Bays, Lakes, Floodplains, Harbors and Minerals (this map also shows those properties proposed for public acquisition by the State Department of Environmental Protection Conservation and Recreational Lands Program (CARL) and the South Florida Water Management District's Save Our Rivers Program); Future Land Use Map - Natural Resources: Soils. (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 SI] IMPLEMENTATION STRATEGY GOALS OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION- MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE 1: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub - districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and S6bdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Design Subdistrict (II) 8. Orange Blossom Mixed -Use Subdistrict 9. Goodlette /Pine Ridge Commercial Infill Subdistrict (V) 10. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict (VI)11. Henderson Creek Mixed -Use Subdistrict (VI)12. Research and Technology Park Subdistrict (VI)13. Buckley Mixed -Use Subdistrict B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict (V) 3. Livingston /Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict (VI) 5. Research and Technology Park Subdistrict (VI) 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict (VI) 7. Livingston Road Commercial Infill Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict 2. Research and Technology Park Subdistrict 11 (VI) = Plan Amendment adopted by Ordinance No. 2002 -24 on May 14, 2002 • (IX)Policy 1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRICULTURAL(RURAL- MIXED USE DISTRICT 1. Rural Commercial Subdistrict B. RURAL FRINGE MIXED USE DISTRICT C. RURAL —INDUSTRIAL DISTRICT D. RURAL — SETTLEMENT AREA DISTRICT Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. (lv)(vll)(IX)(XI) Policy 1.5: [re- lettered to reflect merger of Ordinance No. 2002 -32 and 2002 -54] Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore /Gateway Triangle Redevelopment Overlay G. Coastal High Hazard Area Boundary H. Traffic Congestion Area Boundary I. Incorporated Areas OBJECTIVE 2: The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, add projects to the Capital Improvements Element or defer development until improvements can be made or the level of service is amended to ensure available capacity. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2002 12 Policy 2.3: Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. OBJECTIVE 3: 1 Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.1: Land Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review process and include the following provisions: a. The Collier County Subdivision Code shall provide for procedures and standards for the orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries and adequate infrastructure for development. (VII)(IX) b. Protect environmentally sensitive lands and provide for open space. This shall be accomplished in the Rural Fringe Mixed Use District through various Land Use Designations that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses and through the adoption of permanent NRPA Overlays and integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code, and in part through implementation of the Rural Lands Stewardship Area Overlay. This shall also be accomplished through regulations such as minimum open space and native vegetation preservation requirements, and /or through incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural /Rural Designated Area. c. Drainage and stormwater management shall be regulated by the implementation of the South Florida Water Management District Surface Water Management regulations. (I)d. Identified potable water wellfields are depicted on the Future Land Use Map Series as wellhead protection areas. Policy 3.1.1 of the Conservation and Coastal Management Element specifies prohibitions and restrictions on land use in order to protect these identified wellfields. e. Regulate signage through the Sign Ordinance, which shall provide for frontage requirements for signs, shared signs for smaller properties, definitions and establishment of an amortization schedule for non - conforming signs. 13 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 • f. The safe and convenient on -site traffic flow and vehicle parking needs shall be addressed through the site design standards as well as site development plan requirements which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, landscaping and buffering criteria. g. Ensure the availability of suitable land for utility facilities necessary to support proposed development by providing for a Public Use Zoning District for the location of public facilities and other Essential Services. h. The protection of historically significant properties shall be accomplished, in part, through the adoption of the Historic /Archaeological Preservation Regulations which include the creation of an Historic /Archaeological Preservation Board; provides for the identification of mapped areas of Historic /Archaeological probability; requires a survey and assessment of discovered sites; and provides a process for designation of sites, structures, buildings and properties. The mitigation of incompatible land uses with the area designated as the Naples Airport Noise Zone shall be accomplished through regulations which require sound - proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Map; recording the legal descriptions of the noise contours in the property records of the County and through an inter -local agreement to notify the Naples Airport Authority of all development proposals within 20,000 feet of the airport which exceed height standards established by the Federal Aviation Administration. (Xn j. No development orders shall be issued which are inconsistent with the Growth Management Plan. Some projects and properties may be inconsistent with densities and use intensities established in the Future Land Use Designation Description Section, but are found to be consistent with this Plan via one or more of Policies 5.9 through 5.13. Policy 3.2: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91 -102). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff in a single organizational unit and through streamlining procedures. OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.1: A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 14 P 8A Policy 4.2: A detailed Master Plan for the Immokalee has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Public Facilities, Housing , Urban Design, Land Development Regulations and other considerations. Major purposes of the Master Plan shall be coordination of land use and transportation planning, redevelopment or renewal of blighted areas and elimination of land uses inconsistent with the community's character. Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 4.4: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. The Plans identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the following road corridors: Goodlette -Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette -Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. Policy 4.5: An Industrial Land Use Study has been developed and a summary incorporated into the support document of this Growth Management Plan. The study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. Upon completion of the Economic Plan, a study will be undertaken to identify the need for additional Industrially designated land within the Coastal Urban Area. (XI)Policy 4.6: Access Management Plan provisions for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map have been developed and incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. (XI) = Plan Amendment by Ordinance No. 2003.44 on September 10, 2003 15 f 8A (XI) b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution #01 -247, adopted June 26, 2001). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions, which are created, shall be encouraged to dedicate cross - access easements, rights -of -way, and limited access easements, as necessary and appropriate, in order to ensure that the above - mentioned standards (a. - c.) are complied with. Policy 4.7: Redevelopment Plans for existing commercial and, residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette -Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport - Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport- Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and, g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. (XI) Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the five years of the annually updated Capital Improvement Plan, on a continuously rolling basis, population projections shall be calculated using BEBR's high range growth rate; thereafter, projections shall be calculated based upon 95% of the BEBR high range growth rate. (1) Policy 4.9: Prepare a Rural and Agricultural Area Assessment, or any phase thereof, and adopt plan amendments necessary to implement the findings and results of the Assessment, or any phase thereof, pursuant to the Final Order (AC -99 -002) issued by the Administration Commission on June 22, 1999. The geographic scope of the assessment area, public participation procedures, interim development provisions, and the designation of Natural Resource Protection Areas on the Future Land Use Map are described in detail in the Agricultural /Rural Designation Description Section. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 W, • (1) Policy 4.10: Public participation and input shall be a primary feature and goal of the planning and assessment effort. Representatives of state and regional agencies shall be invited to participate and assist, in the assessment. The County shall ensure community input through each phase of the Assessment which may include workshops, public meetings, appointed committees, technical working groups, and established advisory boards including the Environmental Advisory Committee and the Collier County Planning Commission in each phase of the Assessment. (VII) OBJECTIVE 5: In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element; the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. Policy 5.1: All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 are not increased. Policy 5.2: All proposed development shall be reviewed for consistency with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners shall not be permitted. (VII)(IX) Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural /Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91 -102, adopted October 30, 1991, as amended. 17 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 (VII)(IX) Policy 5.5: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (Orangetree PUD), and the Rural Fringe Mixed Use District before servicing new areas. (VII)(IX) Policy 5.6: Permit the use of clustered residential development, Planned Unit Development techniques, mixed -use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques. Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Policy 5.8: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be permitted within the Urban Designated Area subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91 -102, adopted October 30, 1991) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. (XI) Policy 5.9: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re- evaluation Program described in former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90 -23, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. (XI) Policy 5.10: Properties for which exemptions based on vested rights, dedications, or compatibility determinations, and compatibility exceptions have been granted, as provided for in the Zoning Re- evaluation Program established pursuant to former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90 -23, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re- evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 1E:3 p V A Policy 5.11: Properties determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy 5.12 Properties rezoned under the former Industrial Under Criteria, or with the provision contained in the former Urban - Industrial District which allowed expansion of industrial uses adjacent to lands designated or zoned Industrial provision as adopted in Ordinance 89 -05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. (1) Policy 5.13 The following properties identified by Ordinance #98 -82; 98 -91; 98 -94; 99 -02; 99 -11; 99 -19; 99- 33; and 2000 -20; located in Activity Centers #1, 2, 6, 8, 11 & 18 were rezoned pursuant to the Activity Centers boundaries designated in the 1989 Comprehensive Plan, as amended. Those properties were rezoned during the interim period between the adoption of the Future Land Use Element in October, 1997 which was not effective due to the notice of intent finding the Future Land Use Element not `in compliance ". Those properties, identified herein, which have modified the boundaries of the 1997 Activity Centers are deemed consistent with the Future Land Use Element. NIL FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non - residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: (IV) a. Residential uses including single family, multifamily, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non - residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water- dependent and water - related uses (see Conservation and Coastal Management Element, Objective 11.1 and subsequent policies and the Manatee Protection Plan contained in the Land Development Code); 4. Child care centers; (1)5. Community facilities such as churches group housing uses, cemeteries, schools and school facilities co- located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; 6. Safety service facilities; 7. Utility and communication facilities; 8. Earth mining, oil extraction, and related processing; 9. Agriculture; (V) 10. Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and /or cl (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 21 8A local roadway connection to the arterial road, provided the portion of the local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and (c) The use will be compatible with surrounding land uses. 11. Support medical facilities such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies provided the dominant use is medical related and located within 1/4 mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short -term leased facility due to the potential for relocation. (II)(IV)(V)(VI)(XI)12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed -Use Subdistrict, Goodlette /Pine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Henderson Creek Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston /Pine Ridge Commercial Infill Subdistrict, Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, and in the Bayshore /Gateway Triangle Redevelopment Overlay. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and /or location of the commercial use and /or limiting access to the commercial use. 14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban - Mixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (IV) 15. Hotels /motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as permitted in the Bayshore /Gateway Triangle Redevelopment Overlay. 16. Business Park uses subject to criteria identified in the Urban -Mixed Use District, Urban Commercial District and Urban - Industrial District. 17. Research and Technology Park uses subject to criteria identified in the Urban -Mixed Use District, Urban Commercial District and Urban - Industrial District. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 21 8A A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non - residential land uses, including mixed -use developments such as' Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed -use sites of water - dependent and water - related land uses are permitted within the coastal region of this District. Mixed -use sites of water - dependent and water - related uses and other recreational uses may include water - related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water- dependent and /or water - related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. (XI) Priorities for shoreline land use shall be given to water dependent principal uses over water - related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element' (Objective 10.1 and subsequent policies), the following land use criteria shall be used for prioritizing the siting of water - dependent and water - related uses: a. Presently developed sites; b. Sites where water - dependent or water - related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. ' Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban — Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 22 8A (IV)(XI) 2. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between the City of Naples and Collier- Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowe6in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore /Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a' Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts encompassed by the Marco Island Master Plan but outside the incorporated area of Marco Island. (IX)(XI) 3. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural /Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2.7.7 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c" below. Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided in c. below, but are subject to the following conditions: a. All rezones are encouraged to be in the form of a planned unit development; b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on -site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal /out -fall system made necessary by new development in the area; and, c. Properties eligible for the Affordable Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2.7.7 of the Land Development Code, except that, Section 2.7.7.3 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30 %). The following properties are eligible for an Affordable Housing .Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 23 8A 1. Property located on the East side of Collier Boulevard (C.R. 951), approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R. 864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida, and further described as follows: THE NORTH '/2 OF THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4 AND THE NORTHWEST % OF THE SOUTHEAST Y4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH THIRTY FEET FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100 FEET. THEREOF, AND; THE NORTHEAST '/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4, LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND; THE SOUTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 114 AND THE SOUTH Y2 OF THE WEST 1/2 OF THE NORTHEAST '/4 OF THE SOUTHWEST Y4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND; AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST Y2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND TOGETHER WITH; A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS THE NORTH 50 FEET OF THE SOUTH '/2 OF THE NORTHWEST '/4 OF THE SOUTHWEST Y4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA, AND; THE NORTH 1/2 OF THE NORTH Y2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST '/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SOUTHWEST 1/4 LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE NORTH '/2 OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4 OF THE SOUTHWEST '/4, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; (X) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 23.1 • THE EAST' /2 OF THE NORTHEAST Y4 OF THE SOUTHWEST Y4, LESS THE NORTH 328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA. CONTAINING 55 ACRES, MORE OR LESS. (XI) 4. PUD Neighborhood Village Center Subdistrict The purpose of this Subdistrict is to allow for small -scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the Village Center designated for small - scale retail, offices, and service facilities exceed 15 acres. These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district, of the Land Development Code shall be amended within one (1) year to provide standards and principles regulating access, location or integration within the PUD of the Village Center, allowed uses, and square footage and /or acreage thresholds. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 23.2 ' 8A (XI) 5. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park -like environment with low structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban -Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a Business Parks shall be permitted to include up to 301/o of the total acreage for non- industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. Similarly, Business Parks shall be permitted to include up to 30% of the total building square footage for non - industrial uses of the type identified in Paragraph c below. The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance or rezone ordinance so as to demonstrate compliance with this requirement. b Access to arterial road systems shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. c Non - industrial uses may include uses such ascertain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels /motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses that serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. d When the Business Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban -Mixed Use District, the industrial uses shall be limited to light industry such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non - industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. e Business Parks must be a minimum of 35 acres in size. f Business Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interchange Activity Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. h When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Transportation Element. i Business Parks are encouraged to utilize PUD zoning. j The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban -Mixed Use District is 500 acres, exclusive of open space and conservation areas. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 24 8A (XI) 6. Office and In -fill Commercial Subdistrict The intent of this Subdistrict is to allow low intensity office commercial or in -fill commercial development on small parcels within the Urban -Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right -of -way, except for an intervening local street; and "commercial" refers to C -1 through C -5 zoning districts and commercial components of PUDs. a. The subject site is in the Urban -Mixed Use District. b. The subject site abuts a road classified as an arterial or collector on the Collier County Functional Class Map, as adopted in the Transportation Element. c. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. d. The site abuts commercial zoning: (i) On one side and non - commercial zoning on the other side; or, (ii) On both sides. e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case by case basis. g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, the project uses may include those of the highest intensity abutting commercial zoning district. h. The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management Plan on October 28, 1997. i. For those sites that have existing commercial zoning abutting one side only: (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met; and, (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 25 8A (ii) uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non - commercial zoning on the other side. j. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met. k. Lands zoned for support medical uses pursuant to the 1/4 mile support medical uses" provision in the Urban designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. I. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban -Mixed Use District or in the Urban - Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict. m. Land adjacent to areas zoned C -1/T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict,' except through aggregation as provided in Paragraphs i. and j. above. n. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. o. At time of development, the project will be served by central public water and sewer. p. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. q. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban -Mixed Use District is 250 acres. 7. Traditional Neighborhood Design Subdistrict The purpose of this provision is to encourage the development of Traditional Neighborhood Design (TND) projects. TNDs are typically human - scale, pedestrian - oriented, interconnected residential neighborhood projects that are centered around a village green with a mix of commercial uses including retail, office and civic amenities that complement each other. Residential uses are often located above retail uses. A grid pattern is the basis for the transportation network. The main street component of the TND is appropriately integrated in the TND and sized in proportion to the scale of the project with a maximum of 15 acres of commercial permitted. Standards shall be developed in the Land Development Code which will regulate access, permitted uses, square footage and /or acreage thresholds, lot (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 25.1 �0 frontage dimensions, street widths, setbacks, and other standards that are integral to the TND concept. (II) 8 Orange Blossom Mixed -Use Subdistrict The intent of this district is to allow for limited small -scale retail, office and residential uses while requiring that the project result in a true mixed -use development. The Activity Centers to the North and South provide for large -scale commercial uses, while this subdistrict will promote small scale mixed -use development with a pedestrian orientation to serve the homes both existing and future in the immediate area. This Subdistrict is intended to be a prototype for future mixed -use nodes, providing residents with pedestrian scale development while also reducing existing trip lengths for small -scale commercial services. Commercial uses for the purpose of this section are limited to those allowed in the C -1, C -2 and C -3 zoning districts except as noted below. The development of this subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. b. A unified planned development with a common architectural theme which has shared parking and cross access agreements will be developed. c. Retail uses will be capped at a maximum of 5,000 sq. ft. per acre for the total project. d. Office uses will be capped at a maximum of 7,000 sq. ft. per acre for the total project. e. Residential development will be subject to the density rating system. f. Maximum lot coverage for buildings is capped at 17.5% for the total project. g. No more than 25% of the total built square footage will be devoted to single story buildings. h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport Road and Orange Blossom Road will provide secondary accesses facing those streets. i. All four sides of each building must be finished in a common architectural theme. j. A residential component equal to at least 25% of the allowable maximum base density under the density rating system must be constructed before the subdistrict completes an aggregate total of 40,000 square feet retail of office uses. k. Residential units may be located both on the North and South side of Orange Blossom Drive. I. Integration of residential and office or retail uses in the same building is encouraged. m. Pedestrian connections are encouraged to all perimeter properties where feasible and desired by adjoining property owners. n. No building footprint will exceed 5,000 square feet. Common stairs, breezeways or elevators may join individual buildings. o. No building shall exceed three stories with no allowance for under building parking. p. Drive - through establishments will be limited to banks with no more than 3 lanes architecturally integrated into the main building. q. No gasoline service stations will be permitted. r. All buildings will be connected with pedestrian features. s. Twenty foot wide landscape Type D buffers along Orange Blossom Drive and Airport - Pulling Road and a 20 foot wide Type C buffer along all other perimeter property lines will be required. t. Parking areas will be screened from Airport - Pulling Road and Orange Blossom Drive. 26 u. The Office and Infill Commercial Subdistrict provision is not applicable to any properties adjacent to this Subdistrict. 9. Goodlette /Pine Ridge Commercial Infill Subdistrict This subdistrict consists of 31 acres and is located at the northeast quadrant of two major arterial roadways, Pine Ridge Road and Goodlette -Frank Road. in addition to uses allowed in the Plan, the intent of the Goodlette /Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance. The subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis will be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. Access to the Goodlette /Pine Ridge Commercial Infill Subdistrict may feature a traffic signalized access point on Goodlette -Frank Road, which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Development intensity within this district will be limited to single -story retail commercial uses, while professional or medical related offices, including financial institutions, may occur in three -story buildings. A maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross leasable area on the south +/ -23 acres. No individual retail tenant may exceed 65,000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District, the .87 +/- acre wetland area located on the northeastern portion of the site will be preserved. (V) 10. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict This Subdistrict is located on the north side of the intersection between the two (2) major roadways of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 33.45 acres of land. The intent of the Vanderbilt Beach /Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring residential areas. The Vanderbilt Beach /Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring residents and assist in minimizing the road network required in this part of Collier County. This subdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. Development intensity for this Subdistrict shall be limited to a maximum of 200,000 square feet of gross leasable floor area. Rezonings are encouraged to be in the form of a PUD zoning district which must contain development standards to ensure that all commercial uses will be compatible with neighboring residential and institutional uses. In addition to retail uses and other uses permitted in the Plan, financial institutions, business services, and professional and medical offices shall be permitted. Retail uses shall be limited to a single -story. Financial 27 r 8 A services and offices shall be limited to three stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within the Subdistrict shall be required to have common site, signage and building architectural, elements. The property shall provide for potential interconnection yvith adjacent properties. (VI)11. Henderson Creek Mixed -Use Subdistrict The Henderson Creek Mixed -Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trial East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development, to serve the South Naples, Royal Fakapalm and Marco Island areas. The primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples, Royal Fakapalm and Marco Island areas. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. For purposes of this Subdistrict, the term "regional commercial' is defined as: Retail uses typically dominated by large anchors, including discount department stores, off -price stores, warehouse clubs, and the like, some of which offer a large selection in a particular merchandise category. Regional retail uses also typically utilize square footages ranging from 20,000 to over 100,000 square feet. Regional commercial uses generally have a primary trade area of 5 to 10 miles, with a typical store separation of 5 miles for any individual regional commercial business. Specific requirements and limitations for the Henderson Creek Mixed -Use Subdistrict are as follows: • Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and U.S. 41. hese access points shall be connected by a loop road that is open to the public. • Vehicular and pedestrian interconnections shall be provided between the residential and commercial portions of the Subdistrict. • The unified plan of development within the Subdistrict shall include provisions for vehicular and pedestrian interconnection to properties to the north. • Commercial components of this Subdistrict shall front on Collier Boulevard. • Commercial uses are limited to a maximum of 40 acres and 325,000 square feet of gross leasable floor area. • The maximum intensity of commercial uses are those allowed in the 0-4, General Commercial, Zoning District. • At least one regional commercial use is required to occupy a minimum of 100,000 square feet of gross leasable floor area. Each remaining regional commercial use must occupy a minimum of 20,000 square feet of gross leasable floor area. • Non - regional commercial uses prohibited in this Subdistrict include grocery stores, fitness centers, auto repair, auto sales, and personal service uses. • Non - regional commercial uses are limited to a maximum of 10% of the total allowed commercial square footage (32,500 square feet). • A maximum of four out - parcels are allowed, all of which must abut Collier Boulevard. All out - parcels shall provide internal vehicular access. All out - parcels are limited to non - regional commercial uses. No out - parcel shall exceed five acres. • Commercial development shall be restricted to one -story buildings with a maximum height of 35 feet. W 81i • Residential development shall be limited to a maximum of 360 dwelling units, subject to the Density Rating System. However, a minimum of 200 affordable housing units shall be provided. • Residential dwellings shall be limited to a maximum height of two habitable stories. • Both commercial and residential development shall be designed in a common architectural theme. • Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by the Board of Collier County Commissioners. • The type of landscape buffers within this Subdistrict shall be no less than that required in mixed use activity centers. (VI)(XI) 12. Research and Technology Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation /aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non - industrial uses, designed in an attractive park -like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban -Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non - target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph j below. Similarly, up to 20% of the total building square footage, exclusive of square footage for residential development, may contain non - target industry uses of the type identified in Paragraph d below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. Similarly, a minimum of 60% of the total building square footage, exclusive of square footage for residential development, shall be devoted to target industry uses identified in Paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance so as to demonstrate compliance with this requirement. b. Access to arterial and collector road systems shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. c. The target industries identified by the Economic Development Council of Collier County are aviation /aerospace industry, health technology industry, and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD -ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation /aerospace and health and information technologies; office uses in connection with on -site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 29 al e. h. k. M. Non - target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C -1 through C -3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban - Mixed Use District, the industrial uses shall be limited to those target industry uses, The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. Research and Technology Parks must be a minimum of 19 acres in size. Research and Technology Parks located within Interchange Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interchange Activity Center Subdistrict for commercial and industrial land uses. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and /or through pedestrian and vehicular interconnections. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. Building permits for non - target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 f. 9• h. k. M. Non - target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C -1 through C -3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and conveniencp sales and services, computer. related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District'shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban - Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. Research and Technology Parks must be a minimum of 19 acres in size. Research and Technology Parks located within Interchange Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interchange Activity Center Subdistrict for commercial and industrial land uses. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and /or through pedestrian and vehicular interconnections. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. Building permits for non - target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 30 P- - — Vn. Research and Technology Parks must be compatible with surrounding land uses. Ago o. Research and Technology Parks must utilize PUD zoning. The maximum additional acreage eligible to be utilized for a Research and Technology Park Subdistrict within the Urban -Mixed Use District is 1000 acres, exclusive of open space and conservation areas. (VI) 13. Buckley Mixed Use Subdistrict The intent of this Subdistrict is to allow for limited small -scale retail, office and residential uses while requiring that the project result in a true mixed -use development. The Activity Centers to the North and South provide for large -scale commercial uses, while this Subdistrict is intended to promote small -scale mixed use development with pedestrian orientation to serve existing and future residential development in the immediate area. This Subdistrict is intended to be an example for future mixed -use nodes, providing residents with a pedestrian scale development while also reducing existing trip lengths for small -scale commercial services. Commercial uses for the purpose of this section are limited to those allowed in the C -1, C -2 and C -3 Zoning Districts except as noted below. The development of this Subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. b. A unified planned development with common architectural theme, which utilizes shared parking and cross accesses. c. Retail uses will be capped at a maximum of 3,250 square feet per acre for the total project. d. Office uses will be capped at a maximum of 4,250 square feet per acre for the total project. e. Residential development for multi - family dwelling units will be subject to a maximum of 15 dwelling units per acre for the total project. f. Maximum lot coverage for buildings is capped at 35% for the total project. g. No more than 25% of the total built square footage will be devoted to single story buildings. h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport Road will provide secondary accesses facing the street. i. All four sides of each building must be utilized in a common architectural theme. j. A residential component equal to at least 25% of the allowable maximum density must be constructed before completion of an aggregate total of 40,000 square feet retail or office uses. k. Residential units may be located throughout the Subdistrict. I. Integration of residential and office or retail uses in the same building is encouraged. A minimum of 40% of the commercial square footage shall be within mixed use buildings (residential and commercial). m. Pedestrian connections are encouraged to all perimeter properties. n. No building footprint will exceed 15,000 square feet. Common stairs, breezeways or elevators may join individual buildings. o. No building shall exceed three stories in height with no allowance for under building parking. (VI) = Plan Amendment by Ordinance No. 2002 -24 on May 14, 2002 31 • 1 • p. Drive - through establishments will be limited to banks with no more than three drive - through lanes; these drive- through lanes must be architecturally integrated into the main building. q. No gasoline,service stations will be permitted r. All buildings will be connected with pedestrian features. s. A twenty -foot wide landscape Type D buffer shall be required along Airport - Pulling Road. A twenty- foot wide Type C landscape buffer shall be required along all other perimeter property lines. ' , t. Parking areas must be screened from Airport - Pulling Road and from any properties adjacent to this Subdistrict. (VI) = Plan Amendment by Ordinance No. 2002 -24 on May 14, 2002 31.2 t 8 A .� Map 5A GOODLETTE/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT ®INDICATES BOUNDARY OF GOODLETTE /PINE RIDGE COMMERCIAL INFILL SUBDISTRICT 32 MEMO LN Jill ®INDICATES BOUNDARY OF GOODLETTE /PINE RIDGE COMMERCIAL INFILL SUBDISTRICT 32 � 8A MAP 5H 33 r r • ! I CC !!C`...'...... \ • �'f /N111111MNIIIIIIIIIIIry ' �lmmuunlg nm 3e = r e 9 • 3 _r'I 'I� �f�,_ Eee l,S I €•• lean I e31e = •I. Inug a w i4 ";� � mnmmnml � �t f{ �., «-c €11 �.:l non■ -.., 1' 1111 11 1x111 ■ nnn - �� aaF rri lum um� a 5 E s€ �N 4N g Wnanrx!!1' , Finlnnn III I al IN 1plMl I N y44 IIIIIN _ I _IC , 411111111111 ..11 •• � n nr In nil 33 r 8 34 r 8A 35 (VI) = Plan Amendment by Ordinance No. 2002 -24 on May 14, 2002 �8A (IV)(VI)(VII)(XI) DENSITY RATING SYSTEM This Density Rating System is only applicable to areas designated: Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, and those properties specifically identified within the Urban Residential Fringe Subdistrict, which are eligible to apply for an Affordable Density Bonus only, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan; and, Agricultural /Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of the commercial and industrial portions of a project, except where authorized in a Subdistrict, such as the Orange Blossom Mixed -Use Subdistrict, and except for mixed residential and commercial uses as provided for in the C -1 through C -3 zoning districts in the Collier County Land Development Code, via conditional use. This Density Rating System only applies to residential dwelling units. This Density Rating _. System is not applicable to accessory dwellings that are not intended and not designed for permanent occupancy and not intended for rental or other commercial use; such accessory dwellings include guest houses, servants quarters, mother -in -law's quarters, cabanas, guest suites, and the like. (XI) a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in Policy 5.1 of the Future Land Use Element. 1. Conversion of Commercial Zoning If the project includes conversion of commercial zoning which is not located within an Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 36 8A If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross.acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreage of the entire project. Density�bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Congestion Area. (VII) 3. Affordable Housing To encourage the provision of affordable housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91 -102, adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, Affordable Housing projects must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element: Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable Housing Density Bonus may be utilized within the Agricultural /Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.7.7 of Land Development Code. (IX) 4. Residential In -fill To encourage residential in -fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3. residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 20 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (e) There is no common ownership with any adjacent parcels. (f) The parcel in question was not created to take advantage of the in -fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands. (h) Projects qualifying under this provision may increase the base density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Within one year, the County will adopt LDRs to implement this "by right" Rural -to -Urban transfer process, subject to the above criteria, excluding (c). (IX) = Plan Amendment by 2002 -32 on June 19, 2002 37 " 8A 5. Roadway Access If the project has direct access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department)'or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic Congestion Area. 37.1 8A (VII)(IX) 6. Transfer of Development Rights To encourage preservation /conservation of natural resources, density transfers are permitted as follows: (a) Within that portion of the Urban designated area subject to this Density Rating System, density may be increased above and beyond the density otherwise allowed by the Density Rating System in accordance with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the Land Development Code adopted by Ordinance #91 -102, on October 30, 1991, as amended; (b) From Sending Lands in conjunction with qualified infill development; and, (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre. In no case shall density be transferred into the Coastal High Hazard Area from outside the Coastal High Hazard Area. Lands lying seaward of the Coastal High Hazard Boundary, identified on the Future Land Use Map, are within the Coastal High Hazard Area. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Congestion Area If the project is within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport - Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. c. Density Conditions: The following density condition applies to all properties subject to the Density Rating System. 1. Maximum Density The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Section 2.2.24.10 of the Land Development Code adopted by Ordinance #91 -102, on October 30, 1991, as amended. (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 38 LA (IX) d. Density Blending: This provision is intended to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts. In the case of such properties, which were in existence and under unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in aggregate may be distributed throughout the project, regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted. 1. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Sub - District or Urban Residential Fringe Sub - District and either the Rural Fringe Mixed Use District Neutral or Receiving Lands: (a) The project must straddle the Urban Residential Sub - District or Urban Residential Fringe Sub - District and either the Rural Fringe Mixed Use District Neutral or Receiving Lands; (b) The project in aggregate is a minimum of 80 acres in size; (c) At least 25% of the project is located within the Urban Mixed Use District. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the project unless interim provisions for sewer and water are authorized by Collier County; (d) The project is currently zoned or will be rezoned to a PUD; (e) Density to be shifted to the Rural Fringe Mixed Use District from the Urban Residential Sub - District is to be located on impacted lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and /or habitat on -site and to maximize the connectivity of such native vegetation and /or habitat with adjacent preservation and /or habitat areas; (f) The entire project shall meet the applicable preservation standards of the Rural Fringe Mixed Use District. These preservation requirements shall be calculated upon and apply to the total project area. (g) Section 15 (Township 48 South, Range 26 East), which straddles the boundary of the Urban Residential Sub - district and the Rural Fringe Mixed Use District, is designated Neutral, and is in the approved Mirasol PUD, may utilize this density blending provision, subject to the above criteria. 2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Fringe Sub - District and Rural Fringe Mixed Use District Sending Lands: (a) The project must straddle the Urban Residential Fringe Sub - District and the Rural Fringe Mixed Use District Sending Lands; (b) The project in aggregate must be a minimum of 400 acres; (c) At least 25% of the project must be located within the Urban Residential Fringe Sub - District. The project must extend central water and sewer (from the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; (d) The Project is currently zoned or will be zoned PUD; (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 39 ' 8A (e) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to be located on impacted or disturbed lands, or it is demonstrated _ that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on -site and to maximize the connectivity of such native vegetation and /or wildlife habitat with adjacent preservation and /or habitat areas; (f) The Urban portion of the project shall comply with the native vegetation requirements identified in the Conservation and Coastal Management Element (for Urban designated lands). For those lands within the project designated as Sending, the native vegetation preservation requirement shell be 90% of the native vegetation, not to exceed 60% of the total project area designated as Sending. Wetland areas that are impacted through the development process, but which result in enhanced wetland function, including habitat and /or flowways, shall be considered as part of the native vegetation requirement set forth in this provision and shall not be considered as impacted areas. These wetland areas and /or flowways may be used for water storage provided that the water discharged in these areas is pre - treated. (g) Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. H. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non - residential uses. 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3,000 acres, including 3 Interchange Activity Centers ( #4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. (1i)(Iv)(v)(vl)(xi) The Mixed -Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed -Use Subdistrict, Goodlette /Pine Ridge Commercial Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, Livingston /Pine Ridge Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict and the (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 lX 8A - Bayshore /Gateway Triangle Redevelopment Overlay and by Policies 5.9, 5.10, and 5.11 of the Future Land Use Element. Mixed Use Activity Centers are intended to be mixed -use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process based on consideration of the factors listed below. For residential development, if a project is within the boundaries of a Mixed Use Activity , Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. The factors to consider during review of a rezone petition are as follows: - Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. - The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the - Mixed Use Activity Center; - Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; - Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; - Adequacy of infrastructure capacity, particularly roads; - Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; - Natural or man -made constraints; - Rezoning criteria identified in the Land Development Code; - Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code; - Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and a site plan /master plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; - Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; - Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. The actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 at # 1 Immokalee Road and Airport Road ' 8A # 6 Davis Boulevard and Santa Barbara Boulevard # 8 Airport Road and Golden Gate Parkway #11 Vanderbilt Beach Road and Airport Road #12 US 41 and Pine Ridge Road #13 Airport Road and Pine Ridge Road #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport Road #17 US 41 and Rattlesnake- Hammock Road #18 US 41 and Isles of Capri Road #20 US 41 and Wiggins Pass Road The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, range from 80 to 100% commercially zoned and/or developed property. Activity Center #6 is approximately 60% commercially zoned and/or developed. For purposes of these specifically designated Activity Centers, the entire Activity Center is eligible for up to 100 %, or any combination thereof, of each of the following uses: commercial , residential and /or community facilities. Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area -wide Development of Regional Impact. Property owners within Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake- Hammock Road and CR 951 #14 Goodlette -Frank Road and Golden Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, mix and location of uses permitted within a designated Mixed Use Activity Center and may be permitted to modify the designated configuration. The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification during final site design; however, the approved amount of commercial development shall not be exceeded. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51 % of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51 % ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51 % ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent 42 properties within the Activity Center. Any publicly owned land within the quadrant will be excluded front acreage calculations to determine unified control; (XI) 2• The permitted land uses for a Master Planned Mixed Use Activity Center shall be name as for designated Activity, Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial uses permitted at Activity Center # 3 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be for residential and /or community facility uses. The maximum amount of commercial uses permitted at Activity Center #7 is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be for residential and /or community facility uses. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, development shall be limited to a total of 185,000 square feet of the following uses: personal indoor self- storage facilities — this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor /builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys — these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor /builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores — all as accessory uses only, accessory to offices for various contractor /builder construction trade specialists or accessory to warehouse space for various contractor /builder construction trades occupants; management associations of various types of buildings or provision of services to buildings /properties; and, fitness centers. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and/or community facility uses. Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and /or community facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existing site Features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network; and (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 43 • 1 • 4, Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) into the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: • The intersection around which the Mixed Use Activity Center,is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications in the Traffic Circulation Element. • The Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. • Market justification is provided demonstrating need for a Mixed Use Activity Center at the proposed location. 2. Interchange Activity Center Subdistrict Interchange Activity Centers have been designated on the Future Land Use Map at each of the three Interstate 75 interchanges and include numbers 4, 9 and 10. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity, Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers #4 and #10 allow for a mixture of land uses - which may include 100% or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non - residential uses, institutional uses, hotel /motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as identified below in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway' to Naples. The IMP process shall be initiated by the property owners and /or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable vision statement for Activity Center # 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. (III) Subsequent to the development of the vision statement, new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full array of commercial uses; residential and non - residential uses; institutional uses; Business Park; hotel /motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during review of a rezone petition shall be in compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Center, which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses that serve regional markets and derive specific benefit when located in the Interchange Activity Centers shall be allowed, provided each such use is reviewed and found to be compatible with existing and approved land uses. Industrial uses shall be limited to: manufacturing, warehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and /or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and /or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site specific development details will be reviewed during the Site Development Plan review process. - Landscaping, buffering and /or berming shall be installed along the Interstate; - Fencing shall be wooden or masonry; - Wholesale and storage uses shall not be permitted immediately adjacent to the right -of -way of the Interstate; - Central water and sewage systems shall be required; - State Access Management Plans, as applicable; - No direct access to the Interstate right -of -way shall be permitted; -Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plan provisions, or State Access Management Plans, as applicable; - Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U -turn movements; - The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; -A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. 45 o � H i (V)(VI) 3. Livingston /Pine Ridge Commercial Infill Subdistrict This Subdistict consists of two parcels; one parcel consists of 17.5 acres and is located at the southeast quadrant of Livingston Road, a collector roadway, and Pine Ridge Road, a minor arterial roadway. The second parcel consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridge Road. In addition to uses allowed in the Plan, the intent of the Livingston /Pine Ridge Commercial Infill Subdistrict is to ' provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well - planned access points to improve current and future traffic flows in the area. (VI) a. Southeast Quadrant If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to adjacent properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50 -foot buffer of existing native vegetation will be preserved along all project boundaries located adjacent to areas zoned agricultural. (VI) b. Northwest Quadrant The feasibility of interconnections to the adjacent properties to the North and West will be considered and, if deemed feasible, will be required during the rezoning of the subject property. This quadrant shall be limited to general and medical office uses, provided that the total building square footage does not exceed 40,000 square feet. Building height shall be limited to three stories with a 50 foot maximum height. 45.1 U 8A - (V)(VI) 3. Livingston /Pine Ridge Commercial Infill Subdistrict This Subdistict consists of two parcels; one parcel consists of 17.5 acres and is located at the southeast quadrant of Livingston Road, a collector roadway, and Pine Ridge Road, a minor arterial roadway. The second parcel consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridge Road. In addition to uses allowed in the Plan, the intent of the Livingston /Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment'for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well - planned access points to improve current and future traffic flows in the area. (VI) a. Southeast Quadrant If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to adjacent properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this Quadrant may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50 -foot buffer of existing native vegetation will be preserved along all project boundaries located adjacent to areas zoned agricultural. (VI) b. Northwest Quadrant The feasibility of interconnections to the adjacent properties to the North and West will be considered and, if deemed feasible, will be required during the rezoning of the subject property. This quadrant shall be limited to general and medical office uses, provided that the total building square footage does not exceed 40,000 square feet. Building height shall be limited to three stories with a 50 foot maximum height. 4. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park -like environment with low structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth under the Business Park Subdistrict in the Urban -Mixed Use District. (VI)5. Research and Technology Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation /aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry - and non - industrial uses, designed in an attractive park -like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth under the Research and Technology Park Subdistrict in the Urban Mixed Use District. ER 8A 47 (VI) 6. Livingston Road /Eatonwood Lane Commercial Infill Subdistrict This Subdistrict consists of 12'.5 acres located on the west side of Livingston Road, south of Pine Ridge Road, and north of Eatonwood Lane. The Subdistrict allows professional and medical offices and indoor self- storage facilities to serve surrounding residential areas within a Convenient travel distance to the subject property. The Subdistrict is designed to be compatible with neighboring commercial and residential uses. The maximum allowed development intensities include 91,000 square'feet of professional or medical office use in buildings containing a maximum height of 35 feet, or 200,000 square feet of indoor self- storage area in buildings containing a maximum of three stories and at a maximum height of 50 feet. Should a mix of office and indoor self- storage facilities develop on the property, for each two square feet of indoor self- storage area, one square foot of office area shall be reduced from the maximum allowable office area permitted. Access to the property within the Subdistrict shall be from Eatonwood Lane and shall be located as far to the west as reasonably possible. Additional access to the property, in the form of a right -in /right -out onto Livingston Road, may be allowed where compliance can be established with Collier County Access Management Standards. (VI) 77. Livingston Road Commercial Infill Subdistrict Road Commercial Infill Subdistrict This Subdistrict consists of 6.0 acres located on the west side of Livingston road and south of Eatonwood Lane. The Subdistrict allows professional and medical offices to serve surrounding residential areas within a convenient travel distance to the subject property. Non - commercial indoor storage by occupants of the building(s) is also a permitted use. The Subdistrict is designed to be compatible with neighboring commercial and residential uses, through the development standards provided herein, along with other planning considerations. The maximum allowed development intensities include a maximum of 52,500 square feet of professional or medical office use in buildings containing a maximum of three stories, which could include two stories over parking, and at a maximum height of 50 feet. If access cannot be obtained via Eatonwood Lane, then access to the property within the Subdistrict shall be from Livingston Road; shall be located at the southerly end of the site; shall be limited to right -in and right -out only; and, shall include shared access with the property to the south. :i] 8A .- 49 w 50 8A C. Urban - Industrial District The Industrial Land Use District is reserved primarily for industrial type uses and comprises approximately 2,200 acres. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The C -5, C -4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban - Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; C. Storage and warehousing; d. Wholesaling; e. Distribution; I. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; j. Business services; k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; I. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park -like environment with low structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a Subdistrict in the Urban Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Urban -Mixed Use District. (VI)2. Research and Technology Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation /aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry - and non - industrial uses, designed in an attractive park -like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a subdistrict in the Urban - Industrial District subject to the criteria set forth under the Research and Technology Park Subdistrict in the Urban Mixed Use District. 51 8 q �. II. AGRICULTURAURURAL DESIGNATION (1)(VII)(IX) Rural & Agricultural Area Assessment [Note: The assessment has been completed for the entire Assessment area.] The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the Final Order (AC -99 -002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearing Case No. 98- 0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. The Geographic Scope of the Assessment Area shall be as follows: Includes: All land designated Agricultural /Rural, except as noted below; Big Cypress Area of Critical State Concern (ACSC), except as noted below; Conservation lands outside the Urban Boundary, except as noted below; and, South Golden Gate Estates. Excludes: All Urban designated areas; Northern Golden Gate Estates; The Settlement District. The Assessment has been completed, and the Interim Development Provisions are no longer applicable, for these areas: The Agricultural /Rural area encompassed by the Rural Lands Stewardship Area Overlay, which includes a portion of the Big Cypress Area of Critical State Concern; The Conservation designated lands within the Eastern (Rural) Lands Study Area, known as the Okaloacoochee Slough State Forest - which includes a portion of the Big Cypress Area of Critical State Concern, and the Corkscrew Marsh CREW Trust Lands; and The Conservation designated lands lying outside of both the Eastern (Rural) Lands Study Area and the Rural Fringe Study Area, which includes the largest portion of the Big Cypress Area of Critical State Concern. The Rural Fringe Mixed Use District, Other privately -owned lands generally located north of Everglades City; and, North Belle Mead, Belle Meade, and CREW NRPAs. The Assessment, or any phase thereof, shall be a collaborative, community -based effort with full and broad -based public participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the following: 1. Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area -based allocations, clustering and open space provisions and (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 52 8A mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. (1)(VII)(IX) Interim Development Provisions for the Agricultural /Rural Assessment Area ]Note: The Assessment has been completed, and GMP amendments adopted, for the entire Assessment area; these amendments are now in effect. Accordingly, these Interim Development Provisions established in the Final Order issued June 22, 1999 by the Administration Commission, are no longer applicable.] Amendments based on the Assessment shall be completed by June 22, 2002 for the Rural Fringe Area, and by November 1, 2002 for the balance of the Assessment Area. Residential and other uses in the Area for which completed applications for development approval, rezoning, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County prior to June 22, 1999, shall be processed and considered under the Comprehensive Plan as it existed on June 22, 1999. If the County elects to address a specific geographic portion of the Area as a phase of the Assessment, the interim land use controls shall be lifted from the specific geographic area upon completion of the applicable phase of the Assessment and the implementing Comprehensive Plan amendments for that phase becoming effective. Until the Assessment is complete and comprehensive plan amendments to implement the Assessment, or any phase thereof, are in effect the only land uses and development allowable in the area shall be those set forth in the Agricultural /Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22, 1999 for the Agricultural /Rural District, except the following uses are prohibited and shall not be allowed: 1. New golf courses or driving ranges. 2. Extension or new provision of central water and sewer service into the Area. 3. New package wastewater treatment plants. 4. Residential development except farmworker housing or housing directly related to support farming operations, or staff housing (12 du /ac) and other uses directly related to the management of publicly -owned land, or one single family dwelling unit per lot or parcel created prior to June 22, 1999. 5. Commercial or industrial development except gas and telephone facilities, electric transmission and distribution facilities, emergency power structures, fire and police stations, emergency medial stations. 6. Transient residential such as hotels, motels, and bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection and transfer sites for resource recovery. 10. Landfills 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch making plants. 15. Recreational Vehicle Parks 53 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8 A These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment. (1)(VII)(IX) Natural Resource Protection Areas (NRPAs) (this provision reflects a merger of Ordinance No. 2002 -32 and 2002 -541 The following areas shall be generally mapped and identified as NRPAs: These NRPAs are designated on the Future Land Use Map: 1. Within these areas, only agriculture and directly - related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22,1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment; 3. The general location shall be identified on a map as the interim NRPAs and shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. (1)(VII)(IX) [this section reflects merger of Ordinance No. 2002 -32 and 2002 -54] The Agricultural /Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of low intensity in an effort to maintain and promote the rural character of these lands. The following uses and densities are generally permitted under this Designation subject to the Interim Development Provisions, where applicable — but may not be permitted in all Districts and Subdistricts, and may be subject to specific criteria, conditions, development standards; permitted densities may be greater, or lesser, than that stated below, in some Districts and Subdistricts. Alternatively, the Rural Lands Stewardship Area Overlay contains specific provisions for uses, intensities and residential densities for Stewardship Receiving Areas participating in the Stewardship Credit System. a. Agricultural uses such as farming, ranching, forestry, bee - keeping; b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non - conforming lots of record; c. Habitat preservation uses; d. Parks, open space and recreational uses, golf courses; (IX)e. Essential services, which are defined as facilities and services, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare; (IX) f. Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: 54 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 M • Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. • The site shall be subject to all applicable State or Federal regulations. (IX) g. Communication and utility facilities, except for central water and sewer facilities as noted above [outside Rural Fringe Area only]; (IX) h. Migrant labor housing as provided in the Land Development Code; (IX) i. Earthmining, oil extraction and related processing; (IX) j. Asphalt plant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation; (IX) k. Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to farming, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and /or location of the commercial use and /or limiting access to the commercial use; (VII)(IX) I. Commercial uses as principal uses, as provided for within the Rural Commercial Subdistrict and Rural Villages within the Rural Fringe Mixed Use Subdistrict, and based upon the criteria set forth therein, respectively; (IX) m. Industrial uses as provided for within the Rural- Industrial Subdistrict and for Research and Technology Parks within Rural Villages in the Rural Fringe Mixed Use Subdistrict, and based upon the criteria set forth therein, respectively; (V)(IX) n. Travel trailer recreational vehicle parks, provided the following criteria are met: 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and /or local roadway connection to the arterial road, provided the portion of local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and 3. The use will be compatible with surrounding land uses. (1)(VII)(IX) A. Agricultural /Rural - Mixed Use District The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide for low- density residential development, and other uses identified under the Agricultural /Rural Designation. These areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of low intensity in an effort to maintain and promote the rural character of these lands. Residential uses are allowed as listed below, subject to the Interim Development Provisions. a. Low density residential dwelling units, at a maximum density of one dwelling unit per five gross acres, except for legal non - conforming lots of record; (Vll)(IX) b. Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses; (VII)(IX) c. Group housing uses subject to the following density /intensity limitations: • Family Care Facilities: 1 unit per 5 acres; 55 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 • Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. (VII)(IX) d. Staff housing as may be incidental to, and in support of, safety service facilities and essential services. (VII)(IX) e. Farm labor housing limited to 10 acres in any single location: • Single family /duplex/mobile home: 11 dwelling units per acre; • Multifamily /dormitory: 22 dwelling units /beds per acre. (VII)(IX) f. Sporting and Recreation camps within which the lodging component shall not exceed 1 cabin /lodging unit per 5 gross acres, which may be achieved through clustering; g. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. (1)(VII)(IX) 1. Rural Commercial Subdistrict Within the Agricultural /Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met and subject to the Interim Development Provisions: a. The project, or that portion of a larger project, which is devoted to commercial development, is 2.5 acres or less in size; (IX) b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center, except that the southwest quadrant at the intersection of US 41 and S.R. 29, is eligible for commercial zoning under this provision; (VII)(IX) c. The proposed uses are limited to office, retail, and personal services intended to serve the rural population and the traveling public, and are identified as those uses permitted in the C -1, C -2 and C -3 Zoning Districts of the Land Development Code; (VII)(IX) d. Commercial intensity shall not exceed 10,000 square feet of gross leasable floor area per acre; (VII)(IX) e. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and (VII)(IX) f. The project is buffered from adjacent properties. (IX) B. Rural Fringe Mixed Use District The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi - rural, rapidly developing, large -lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural Fringe Mixed Use District do not represent a significant portion of the County's active agricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 56 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 • 3,835 separate and distinct property owners. Alternative land use strategies have been developed for the Rural Fringe Mixed Use District, in part, to consider these existing conditions. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural /Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights -of -way within this area, and to protect private property rights, the following innovative planning and development techniques are required and /or encouraged within the District. (IX)1. Transfer of Development Rights (TDR), and Sending and Receiving Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District and within designated areas of the Agricultural /Rural Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the following: (IX) A) Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been identified as being most appropriate for development and to which residential development units may be transferred from areas designated as Sending Lands. Based on the evaluation of available data, these lands have a lesser degree of environmental or listed species habitat value than areas designated as Sending and generally have been disturbed through development, or previous or existing agricultural operations. Various incentives are employed to direct development into Receiving Lands and away from Sending Lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within Receiving Lands, the following standards shall apply, except for those modifications that are identified in the North Belle Meade Overlay: 1. Maximum Density: The base residential density allowable for designated Receiving Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum density achievable in Receiving Lands through the TDR process is one (1) dwelling unit per acre. Once the maximum density is achieved through the use of TDRs, a density bonus of no more than 10% of the maximum density per acre shall be allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the COME. This maximum density is exclusive of the Density Blending 57 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8A provisions. Dwelling Units may only be transferred into Receiving Lands in whole unit increments (fractional transfers are prohibited). 2. Clustering: Where the transfer of development rights is employed to increase residential density within Receiving Lands, such residential development shall be clustered in accordance with the following provisions: a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub - elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Receiving Lands, interim private water and sewer facilities may be approved. b) The maximum lot size allowable for a single - family detached dwelling unit is one acre. c) The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. 3. Minimum Project Size: The minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. 4. Emergency Preparedness: a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Impacts on evacuation routes, if any, must be considered as well. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. b) Applicants for new developments proposed for Receiving Lands shall work with the Florida Division of Forestry, Collier County Emergency Management staff, and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. 5. Permitted Uses: Uses within Receiving Lands are limited to the following: a) Agricultural uses such as farming, ranching, forestry and bee - keeping; b) Single- family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. c) Multi- family residential structures shall be permitted under the Residential Clustering provisions of this plan subject to the development of appropriate development standards to ensure that the transitional semi -rural character of the Rural Fringe Mixed Use District is preserved. These development standards include, but are not limited to: building heights; design standards; and, buffers and setbacks. d) Rural Villages, subject to the provisions set forth in II. B.3 of this element. 58 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 WOW • e) Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. f) Group housing uses subject to the following density /intensity limitations: • Family Care Facilities: 1 unit per 5 acres; • Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. g) Staff housing as may be incidental to, and in support of, safety service facilities and essential services; h) Farm labor housing limited to 10 acres in any single location: • Single family /duplex/mobile home: 11 dwelling units per acre; • Multifamily /dormitory: 22 dwelling units /beds per acre. i) Sporting and Recreational camps within which the lodging component shall not exceed 1 unit per 5 gross acres; j) Essential services. k) Golf courses or driving ranges, subject to the following standards: (1) The minimum density shall be as follows: (a) For golf course projects utilizing Density Blending Provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. (b) For golf course projects not utilizing Density Blending Provisions, including freestanding golf courses: the minimum density shall be one (1) dwelling unit per five (5) gross acres, and one additional dwelling unit per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non - irrigated and retained in a natural state. The additional required density for such golf course development shall be achieved by acquiring TDRs from Sending Lands. (2) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. (3) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (4) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the timing and application of irrigation water; (e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality 59 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 M) n) o) P) • (5) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture- sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. (b) As available, golf courses shal consistent with Sanitary Sewer policies; utilize treated effluent reuse water Sub - Element Objective 1.4 and its (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze - tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (6) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip- rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements (7) Site preservation and native vegetation retention requirements shall be the same as those set forth in CCME Policy 6.1.2. These areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. Commercial development as permitted as part of an approved Rural Village. Within one year of adoption of these amendments, the County will develop appropriate standards for commercial development within Rural Villages, with particular focus on design, scale, and access provisions that will maintain the rural character or semi -rural character of the District. Research and Technology Parks, consistent with the Research and Technology Park Subdistrict provided for in the Urban designation, and within an approved Rural Village. Within one year of adoption of these amendments, the County will develop appropriate standards for Research and Technology Parks within Rural Villages, with particular focus on design, scale, and access provisions that will maintain the rural character or semi - rural character of the District. Zoo, aquarium, botanical garden, or other similar uses. Public and private schools, subject to the following criteria: • Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. • The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. • The site shall be subject to all applicable State or Federal regulations. Facilities for the collection, transfer, processing and reduction of solid waste. CL (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 q) Community facilities, such as, places of worship, childcare facilities, cemeteries, social and fraternal organizations. r) Sports instructional schools and camps. s) Earthmining, oil extraction and related processing. t) Asphalt and concrete batch - making plants. u) Travel trailer recreational vehicle parks, provided the following criteria are met: 1) The subject site is adjacent to an existing travel trailer recreational vehicle park site; and, 2) The subject site is no greater than 100 the size of the existing adjacent park site. 6. Density Blending: Subject to the provisions set forth in the density rating system. 7. Open Space and Native Vegetation Preservation Requirements: a) Usable Open Space: Within Receiving Lands projects greater than 40 acres in size shall provide a minimum of 70% usable open space. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. Open water beyond the perimeter of the site, street right -of -way, except where dedicated or donated for public uses, driveways, off - street parking and loading areas, shall not be counted towards required Usable Open Space. b) Native Vegetation Preservation: Native vegetation shall be preserved as set forth in CCME Policy 6.1.2. B) Neutral" Lands: Neutral Lands have been identified for limited semi -rural residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. A lower maximum gross density is prescribed for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses permitted within Receiving Lands are not authorized in Neutral Lands. Within Neutral Lands, the following standards shall apply: 1. Maximum Density: 1 dwelling unit per 5 gross acres (0.2 units per acre). 2. Clustering: Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: a) If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub - elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. b) The maximum lot size is one acre. c) The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. 61 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8A d) The minimum project size shall be at least 40 acres. 3. Permitted Uses: a) Agricultural uses such as farming, ranching, forestry and bee - keeping; b) Single- family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. c) Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. d) Group housing uses subject to the following density /intensity limitations: • Family Care Facilities: 1 unit per 5 acres; • Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. e) Staff housing as may be incidental to, and in support of, safety service facilities and essential services; f) Farm labor housing limited to 10 acres in any single location: • Single family /duplex/mobile home: 11 dwelling units per acre; • Multifamily /dormitory: 22 dwelling units /beds per acre. g) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres; h) Essential services. i) Golf courses or driving ranges, subject to the following standards: (1) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. (2) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (3) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the timing and application of irrigation water; (e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality (4) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture - sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. 62 11X1 = Plan Amendment by Ordinance No. 2002.32 on June 19. 2002 1 8A • (b) As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub - Element Objective 1.4 and its policies; (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze - tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (5) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip- rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements (6) Site preservation and native vegetation retention requirements shall be the same as those set forth in the Rural Fringe Mixed Use District criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. j) Zoo, aquarium, botanical garden, or other similar uses. k) Public and private schools, subject to the following criteria: • Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. • The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. The site shall be subject to all applicable State or Federal regulations. 1) Facilities for the collection, transfer, processing and reduction of solid waste. m) Community facilities, such as, places of worship, childcare facilities, cemeteries, social and fraternal organizations. n) Sports instructional schools and camps. o) Earthmining, oil extraction and related processing. 3. Native vegetation and preservation requirements: Native vegetation shall be preserved as set forth in CCME Policy 6.1.2 (IX) C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. 1. Sending Lands are located entirely within the Rural Fringe Mixed Use District, and are depicted on the Future Land Use Map. Based upon their location, Sending Lands are the principal target for preservation and conservation. Private Property owners of lands designated as Sending Lands may transfer density to Receiving Lands within the Rural Fringe Mixed Use District, and to lands within the Urban Designated Area subject to limitations set forth in the Density Rating System. All privately owned lands within the Rural Fringe Mixed 63 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 i 8A Use District that have a Natural Resource Protection Area (NRPA) Overlay are designated Sending Lands. 2. Maximum Transfer Rate: Dwelling Units may be transferred from Sending Lands at a maximum rate of 0.2 dwelling units per acre (1 dwelling unit per five acres). Transfers may only occur in whole number increments (fractional transfers are prohibited). In the case of legal nonconforming lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one dwelling unit may be transferred from said lot or parcel. To ensure appropriate compensation to land owners within Sending Lands, the Board of County Commissioners may adjust the maximum transfer rate; such an adjustment shall require a Growth Management Plan Amendment. The basis of such adjustment shall be an analysis of property values within Sending Lands, and may include consideration of proximity of such properties to the urban area. 3. Limitations and Procedures: a) Transfers shall not be allowed from sending lands where a conservation easement or other similar development restriction prohibits residential development. b) The transfer of units shall be recorded in public records utilizing a legal instrument determined to be appropriate by the County Attorney's Office. Said instrument shall clearly state the remaining allowable lands uses on the subject property after all, or a portion, of the residential density has been transferred from the property. c) Where residential density has been transferred from Sending Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. 4. Permitted Uses: Permitted uses are limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act). b) Detached single - family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of.less than 40 acres, which existed on or before June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. c) Habitat preservation and conservation uses. d) Passive parks and other passive recreational uses. e) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. f) Essential Services necessary to serve permitted uses identified in Section 5.a) through 5.e) such as the following: private wells and septic tanks; utility lines, except sewer lines; sewer lines and lift stations, only if located within non -NRPA Sending Lands, and only if located within already cleared portions of existing rights -of -way or easements, and if necessary to serve the Rural 64 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 • Transition Water and Sewer District; and, water pumping stations necessary to serve the Rural Transition Water and Sewer District. g) Essential Services necessary to ensure public safety. h) Oil extraction and related processing. Where practicable, directional - drilling techniques and/or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. 5. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services not identified above in 5f). Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Sending designated lands. During this one -year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. (2) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (3) Commercial uses accessory to permitted uses 5.a), 5.c) and 5.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. b) In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subject to the following additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required EIS as specified in Policy 6.1.7 of the Conservation and Coastal Management Element. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. 6. Where residential density is transferred from Sending Lands, allowable uses shall be limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. b) Cattle grazing on unimproved pasture where no clearing is required; c). Detached single - family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d) One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the purpose of this provision, a preexisting lot or parcel is one that was in existence on or before June 22, 1999 and is: 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; 65 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8A or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. e) Habitat preservation and conservation uses. f) Passive parks and passive recreational uses. g) Essential services, as authorized in Sending Lands. h) Oil extraction and related processing, excluding earth mining. 7. Native Vegetation shall be preserved as set forth in CCME Policy 6.1.2. 8. Adjustment to the Sending Land Boundaries. For all properties designated Sending Lands where such property is contiguous to a Sending Land /Neutral Land boundary or Sending Land /Receiving Land boundary, the County will provide written notice to the property owners to advise of the opportunity to submit additional data and analysis to the County in an attempt to demonstrate a change to the boundary is warranted. Said written notice will be provided within three months of the effective date of these Rural Fringe amendments. Within one year from the date these notices are sent, the County will initiate a Growth Management Plan amendment to consider boundary changes, based upon the data and analysis, as may be warranted. Under the following conditions, adjustments may be proposed to Sending Land boundaries: a) The property is contiguous to Neutral or Receiving Lands; b) Site specific environmental data submitted by the property owner, or other data obtained by the County, indicates that the subject property does not contain characteristics warranting a Sending designation; c) An adjustment to the Sending land boundary requires an amendment to the Future Land Use Map. (IX) D) Additional TDR Provisions: Within one year of adoption of this plan amendment, Collier County will amend its land development regulations to adopt a formal process for authorizing and tracking the Transfer of Development Rights. This process will include, at a minimum: 1. The establishment of a simple, expeditious process whereby private property owners may, by right, "sell' residential dwelling units from lands designated as "Sending Lands ". Said units may then be "transferred" by right to lands designated as "Receiving Lands ", or to Urban Lands where authorized. Once established, the TDR program shall be administratively reviewed and approved, requiring no further public hearing or Board approval if consistent with the provisions for administrative approval. 2. The establishment of a process for tracking and recording all transfers of residential units in the public records of Collier County. This shall include the identification of the entity or department responsible for on -going administration of the TDR program. In addition, the County shall consider the feasibility of establishing a 'TDR Bank," to be administered by the County or some other not - for- profit governmental or quasi - governmental public agency established for this purpose. The County shall consider and evaluate the funding options and sources of revenues for such a TDR Bank as part of the FY04 budget review M, (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 i 8A process. Sources of funds to consider include, but are not limited to, General Fund revenues, and federal and state grants and loans. A primary objective of the TDR Bank is to make funds available to support the TDR program by offering initial minimal purchase prices of TDRs. As part of these considerations, projections for an annual budget for administration of the TDR program shall be developed which would include the projected costs and funding appropriation for the FY04 associated with initial purchase of residential development rights. 3. The establishment of a process to evaluate the TDR program and the degree to which it is being utilized, culminating in an annual report to the Board of County Commissioners on the Rural Fringe Mixed Use District TDR program. 4. The TDR process shall be the only mechanism to achieve increased density within Receiving Lands, excluding the Density Blending provisions of this Plan, and any density bonuses authorized in the Rural Fringe Mixed Use District. 5. A 25 -year prohibition on utilizing TDRs where a parcel within Sending Lands has been cleared for agricultural purposes after June 19, 2002. (IX) 2. Buffers Adjacent to Major Public Rights -of -way: In order to maintain and enhance the rural character within the Rural Fringe Mixed Use District, within one year of adoption of this amendment, Collier County will adopt land development regulations establishing buffering standards for developments adjacent to existing or proposed arterial and collector public roadways. These standards shall include, but are not limited to: applicability provisions, including establishing a minimum project size below which these requirements shall not apply; the degree to which water features, including water management lakes and canals, may be a part of this buffer; credits for existing native vegetation that is to be retained; and, credits toward any open space and native vegetation preservation requirements. (IX) 3. Rural Villages: Rural Villages may be approved within the boundaries of the Rural Fringe Mixed Use District in order to: maximize the preservation of natural areas and wildlife habitat within the Rural Fringe Mixed Use District; to reduce the need for residents of the District and surrounding lands to travel to the County's Urban area for work, recreation, shopping, and education; and, to enhance the provision of limited urban and rural levels of service through economies of scale. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one quarter mile of Neighborhood Centers. Neighborhood Centers may include small scale service retail and office uses, and shall include a public park, square, or green. Village Centers shall be designed to serve the retail, office, civic, government uses and service needs of the residents of the village. The Village Center shall be the primary location for commercial uses. Villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between villages and the low density rural development, agricultural uses, and conservation lands that may surround the village. Villages shall be designed to include the following: a mixture of residential housing types; institutional uses; commercial uses; and, recreational uses, all of which shall be sufficient to serve the residents of the Village and the surrounding lands. In addition, the following criteria and conditions shall apply, except for those modifications that are identified in the North Belle Meade Overlay: A) Process for Approval: Within one year of the date of adoption of this amendment, the 67 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 a C) • Collier County Land Development Code shall be amended to include provisions for the establishment of Rural Villages. These provisions will establish specific development regulations, standards, and land use mix requirements. Subsequent to the creation of these provisions, applications shall be submitted in the form of a Planned Unit Development (PUD) rezone and, where applicable, in conjunction with a Development of Regional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supercede the DRI process. Locational Restrictions: 1.A Rural Village shall not be located any closer than 3.0 miles from another Rural Village. 2. No more than one Rural Village may be located in each of the distinct Receiving Areas depicted on the FLUM. 3.A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively, access to the Village may be via a new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. 4.A Rural Village shall be located where other public infrastructure, such as potable water and sewer facilities, already exist or are planned. Rural Village Sizes and Density: 1. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within Receiving Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. The Rural Village size is exclusive of the required green belt area. Rural Villages shall include a Village Center and a minimum of two distinct neighborhoods. 2. The minimum and maximum gross density of a Rural Village shall be 2.0 units per gross acre and 3.0 units per acre, respectively. The density calculation for a Rural Village may include the base residential density permitted for the green belt area, if such density is shifted to the Rural Village area. 3. Density may be achieved as follows: a) The base density for the Agricultural /Rural Designation of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a greenbelt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. b) The additional density necessary to achieve the minimum required density for a Rural Village shall be achieved by an equal amount of TDRs and bonus units. That is, for each TDR acquired one bonus unit shall be granted. c) Additional density between the minimum and maximum amounts established herein may be achieved through TDRs, and /or through a 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers, and /or through a density bonus of no more than 10% of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. Within one (1) year of the effective date of these Rural Fringe amendments, the County will amend the land development code to establish the following: a definition of "workforce housing ;" minimum qualifications for the above referenced density bonus; and, a minimum percent of the allowable density that shall meet the definition of workforce /affordable housing within a rural village. W (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8A — D) Land Use Mix: 1. Acreage Limitations a) Neighborhood Center - 0.5% of the total Village acreage, not to exceed 10 acres, within each Neighborhood Center. b) Neighborhood Center Commercial — Not to exceed 40% of the Neighborhood Center acreage and 8,500 square feet of gross leasable floor area per acre. c) Village Center - Not to exceed 10% of the total Village acreage. d) Village Center Commercial - Not to exceed 30% of the Village Center acreage and 10,000 square feet of gross leasable floor area per acre. e) Research and Technology Parks — Consistent with the provisions of the Research and Technology Park Subdistrict in the Urban Mixed Use District, excluding paragraph j; the Park shall not exceed 4% of the total Village acreage. f) Civic Uses and Public Parks - Minimum of 15% of the total Village acreage. E) Open Space and Environmental Protection: 1. Greenbelts: In addition to the requirements for parks, village greens, and other open space within the Rural Village, a greenbelt averaging 500 feet in width but not less than 300 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanent un- developable edge surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall only be designated on Receiving Lands. The allowable residential density shall be shifted from the designated Greenbelt to the Rural Village. The greenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations, or provide for wellfield or aquifer protection, Golf courses and existing agriculture operations are permitted within the greenbelt, subject to the native vegetation preservation requirements specified below in paragraph 2. However, golf course turf areas shall only be located within 100 feet of the Greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared, or disturbed areas (see CCME Policy 6.1.2(1)). 2. Open Space and Native Vegetation Retention. a) Native Vegetation shall be preserved as set forth in the Conservation and Coastal Management Element Policy 6.1.2. b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a minimum of 70% of Open Space shall be provided. 3. An environmental impact statement for the Rural Village and surrounding greenbelt area shall be submitted an accordance with Policy 6.1.7 of the CCME. F) Fiscal Neutrality: A Rural Village may only be approved after demonstration that the Village will be fiscally neutral to county taxpayers outside of the Village. 1. An analysis shall be conducted and submitted in conjunction with the PUD rezone and /or DRI application evaluating the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. This evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support the Village. Additionally, this analysis shall demonstrate that the costs of providing necessary facilities and services shall be fiscally neutral to County taxpayers outside of the Village. At a minimum, the analysis shall consider the following: a) Stormwater /drainage facilities; 69 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 L1 b) Potable water provisions and facilities; c) Reuse or "Grey" water provisions for irrigation; d) Central sewer provisions and facilities; e) Park facilities; f) Law enforcement facilities; g) School facilities; h) Roads, transit, bicycle and pedestrian facilities and pathways; i) Solid Waste facilities. (VII) Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program. Accordingly, there shall be no degradation to the adopted level of service for public facilities and infrastructure identified above. G) As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character _and shall include requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or - Neighborhood Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In addition, the following shall be addressed: 1. Rural Village, Village Center and neighborhood design guidelines and development standards: • A formal street layout, using primarily a grid design and incorporating village greens, squares and civic uses as focal points. • Neighborhoods and the village center will be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discourage high -speed traffic. • Consideration shall be given to the location of public transit and school bus stops. • Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. • The siting of both schools and housing units within the village shall consider the minimization of busing needs within the community. • Each Rural Village shall be served by a binary road system that is accessible by the public and shall not be gated. The road system within the village shall be designed to meet County standards and shall be dedicated to the public. • A Rural Village shall not be split by an arterial roadway. • Interconnection between the Rural Village and adjacent developments shall be encouraged. 2. Specific allocations for land uses including residential, commercial and other non - residential uses within Rural Villages, shall include, but are not limited to: • A mixture of housing types, including single - family attached and detached, as well as multi - family. Housing that is provided for lower income residents and for entry level and workforce buyers shall receive a credit of 0.5 units for each unit constructed. Collier County shall develop, as part of the Rural Village Overlay, a methodology for determining the rental and fee - simple market rates that will qualify for such a credit, and a system for tracking such credits. • A mixture of recreational uses, including parks and village greens. 70 (IX) = Plan Amendment by Ordinance No. 2002.32 on June 19, 2002 8A • Civic, community, and other institutional uses. • A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as development extends outward from the Village Centers. • A mixture of retail, office, and services uses. 3. Specific development standards, including but not limited to, maximum net densities; required yards; landscaping and buffering, and building heights. 4. If requested by the Collier County School Board during the PUD and /or DR] review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools. Accordingly, schools, if requested, shall be located within or adjacent to the Village Center. Where a school site is requested and provided, a credit toward any applicable school impacts fees shall be provided based upon an independent evaluation /appraisal of the value of the land and /or improvements provided by the developer. (IX) 4. Exemptions from the Rural Fringe Mixed Use District Development Standards — The requirements of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. (1)(VII)(IX) C. Rural - Industrial District The Rural - Industrial District, which encompasses approximately 900 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, subject to the Interim Development Provisions. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C -5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ( "oil extraction and related processing ") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: a. Manufacturing; b. Processing; 71 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 • C. Storage and warehousing; d. Wholesaling; e. Distribution; (VII)(IX) f. High technology; (VII)(IX) g. Laboratories; (VII)(IX) h. Assembly; (Vll)(IX) i. Computer and data processing; (VII)(IX) j. Business services; (VII)(IX) k. Other basic industrial uses as described in the Industrial Zoning District in the Land Development Code; (VII)(IX) I. Business Park uses as described in the Business Park Zoning District of the Land Development Code; and, (VII)(IX) M. Support commercial uses, such as child care centers and restaurants. (V)(IX)D. Rural - Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards. III. ESTATES DESIGNATION The Estates Land Use Designation encompasses lands which are already subdivided into semi -rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population growth far removed from supportive services and facilities. Expansion of the area shall be discouraged. Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific land uses. (VII)(IX) V. CONSERVATION DESIGNATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. (VII)(IX)The Conservation Designation is intended to protect certain vital natural resource areas of the County, which are primarily owned by the public, although private in- holdings and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, 72 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 r 8 yI Fakahatchee Strand State Preserve, Collier- Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor- Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation Designation may periodically change as properties are acquired by public entities or private land management or conservation groups. (1)(VII)(IX) Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non - residential uses. The following uses are authorized in this Designation. (VII)(IX) a. For privately held lands, single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross acres for private in- holdings within the Big Cypress National Preserve - each dwelling unit must be physically situated on a minimum five acre parcel, or minimum 3 acre parcel for private in- holdings within the Big Cypress National Preserve. This Plan does not allow residential density on publicly owned lands. (VII)(IX) b. For publicly and privately held lands, dormitories, duplexes and other types of housing, as may be incidental to, and in support of, conservation uses; (VII)(IX) c. Group housing uses subject to the following density /intensity limitations: • Family Care Facilities: 1 unit per 5 acres; • Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45; (VII)(IX) d Sporting and Recreational camps incidental to Conservation uses on public lands; or, on privately held lands, within which the lodging component shall not exceed 1 unit per 5 gross acres, which may be achieved through clustering; (VII)(IX) e. Habitat preservation and conservation uses; (VII)(IX) f. Passive parks, and other passive recreational uses; (VII)(IX) g. Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act); (VII)(IX) h. Essential Services necessary to serve permitted uses identified in Section a through g above such as the following: private wells and septic tanks; utility lines, except sewer lines; sewer lines and lift stations, only if located within non -NRPA Conservation Lands, and only if located within already cleared portions of existing rights -of -way or easements, and if necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas and /or the Rural Transition Water and Sewer District; and, water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas and /or the Rural Transition Water and Sewer District. (VII)(IX) i. Essential Services necessary to ensure public safety. (VII)(IX) j. Oil extraction and related processing. Where practicable, directional - drilling techniques and /or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. (VII)(IX) The following uses may be permitted as Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services not identified above in Paragraph h. and i. Within one year, Collier County will review essential services currently allowed in the Land 73 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8A Development Code and will define those uses intended to be conditionally permitted in Conservation designated lands. During this one -year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Conservation designated lands shall be approved. (2)Staff housing in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code, as it existed on June 19, 2002. (3) Commercial uses accessory to permitted uses e, f and g above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. b) In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subject to the following additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required EIS as specified in Policy 6.1.7 of the Conservation and Coastal Management Element. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural /Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28 -25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern ". Those regulations include the following: 1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non - permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. b. Any non - permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re- vegetation shall be accomplished with pre- existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) 74 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 jA eom Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: Alf wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17 -301, Florida Administrative Code, as amended. e. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. f. Man -made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2. Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use _ land for agricultural purposes or to convert land to such use. 75 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 ' 8A 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re- establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run -off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the 100 - year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J -1, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern ". (IX) B. North Belle Meade Overlay The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for in Receiving, Neutral, NRPA and non -NRPA Sending Lands. Development and preservation standards within this Overlay shall be as provided herein. (IX) A. IN GENERAL The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1 -75 to the south. This area, designated as the North Belle Meade Overlay, comprises ±24 sections of land (± 15,552 acres, depending on the size of individual sections) and is depicted on the Future Land Use Map and North Belle Meade Overlay Map. The NBM Overlay area is unique to the Rural Fringe area because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife, including endangered species. Within the NBM Overlay area are also areas that have been previously impacted by canal construction and past clearing and agricultural practices which have altered the natural hydroperiod. The challenge for the NBM Overlay area is to achieve a balance of both preservation and opportunities for future development that takes into account resource 76 (IX) = Plan Amendment by Ordinance No. 2002.32 on June 19, 2002 ' 8A protection and the relationship between this area and the Estates developing around the NBM Overlay area. Accordingly a more detailed and specific plan for the NBM Overlay is set forth herein. Unless otherwise specifically stated, no other Goals, Objectives and Policies of the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element in the Growth Management Plan or implementing LDRs, including specifically but not limited to wetlands and wildlife protection, shall be applicable to the NBM Overlay Receiving Lands other than this NBM Overlay Plan and its implementing LDRs. On Receiving Lands any development shall comply with the non - environmental administrative review procedures of Collier County for site development plans and platting. Within the NBM Overlay there are four distinct areas, as depicted on the Future Land Use Map and Map series, that require separate treatment based on existing conditions within this area. These areas include the Natural Resource Protection Area (NRPA), the Receiving and the Sending Areas for the transfer of development rights, and a Neutral area, which is neither a Sending nor a Receiving Area comprising two sections of land. It is the intent to perform the physical planning of the NBM Sending Lands within twelve (12) months after the effective date for Red Cockaded Woodpeckers, Greenways and Wildlife Crossings. (IX) Planning Considerations 1. Wildlife Crossing and Wildlife Corridor * The County should support construction of a wildlife crossing under 1 -75 connecting the NBM and South Belle Meade (SBM), and the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuge to the east. (IX) 2. Transportation *An existing access road (presently providing access to County water wells) along the northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and improved, and an extension of Wilson Boulevard should be provided through Section 33, Range 27 East comprising a collector or arterial road extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27, or in the alternate a haul road along an extension of Wilson Boulevard to service earth mining activities with a connection through Sections 32 and 31 to Landfill Road. * Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right -of -way shall be a sufficient size to accommodate collector road requirements should there be a demonstrated need. " Within one year of June 19, 2002, the alternative alignments for east -west roadway, connecting County Road 951 to an extension of Wilson Boulevard, shall be evaluated and assessed for the Board's consideration. The roadway's alignment shall be determined with public input and taking into consideration the following, at a minimum: 1. Usefulness as a route for truck traffic generated from any earth mining operations in NBM; 2. Usefulness as a link in the County's major roadway network; 3. Avoidance of residential neighborhoods, to the extent feasible and prudent; 4. Avoidance of environmentally sensitive wildlife habitat, wildlife corridors, or greenways, to the extent feasible and prudent; 77 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 r 8A 5. The costs of construction, including any related design, permitting, and mitigation costs; and 6. The costs of acquiring necessary right -of -way. Alignments considered for such east -west roadway shall include extension of the existing Landfill Road, extension of the existing Keane and Brantley Roads, extension of the existing Green Boulevard, and any other alignment deemed feasible and prudent. In consideration of the recommended alignment, the Board shall consider the level of public benefit as provided in subparagraph 2 above in determining the proportionate public /private funding in subparagraphs 5 and 6 above and the method and timing of any public resource allocation to the project. *The western 1/4 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern Y2 of the western 1/4 of Sections 22 and 27, which would consist of lake excavation areas between the Wilson Boulevard extension road right -of -way and the NRPA. Other than the new and improved Wilson Boulevard extension and service haul road as described above, all new roads and improvements in the Sending Area shall be routed so as to avoid traversing publicly owned natural preserves, parks and recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, or greenways, unless there is no feasible and prudent alternative. Other than the referenced Wilson Boulevard extension and service haul road, any new roads and improvements to existing roads within sending areas shall be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. The portion of Wilson Boulevard that traverses through the Sending Area shall be designed with aquatic species crossings and small terrestrial animal crossings. The implementing Land Development Regulations for the NBM Overlay shall address bike lanes and pedestrian pathways. (IX) 3. Greenway *A NBM Greenway shall be created within the NRPA or sending lands following natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl. (IX) 4. Red Cockaded Woodpeckers (RCW) *RCW nesting and foraging habitat shall be mapped and protected from land use activities within Sending Lands, and Section 24 designated Neutral Lands. Although RCW nesting and foraging habitat shall be mapped within all Sending areas within the NBM Overlay, this shall be accomplished by a study specific to Section 24 conducted by Collier County within one year of the effective date of the NBM Overlay. Within Section 24, the Neutral designation may be adjusted based upon the findings of the updated RCW nesting and foraging habitat study. (IX) B. NRPA The NBM NRPA includes seven sections of lands and three partial sections or a total of ± 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty -nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. This consideration combined with the fragmented ownership M (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 8A pattern and the state's desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. (IX) Planning Considerations 1. Consolidation * The County should amend the Land Development Code to encourage further consolidation of small parcels. 2. Public Acquisition * The County and the property owners should support acquisition of privately owned land in the NBM NRPA area as a mechanism for protection. 3. Sending Area * The NBM NRPA shall be designated as a sending area for the Transfer of Development Rights (TDR). 4. TDRs *Owners of lands located in the NBM NRPA may transfer their development rights to Sections 21 and 28 and the west 1/4 of section 22 and 27, and /or other suitable locations within the Rural Fringe Area at a ratio of 1 unit per 5 acres from Sending Lands, or one unit per individual deeded parcel or lot that existed as of June 22, 1999, whichever is greater. (IX) C. RECEIVING AREAS Within the NBM Overlay, Receiving Areas are identified for clustering of residential dwelling units, central water and sewer service, and for the transfer of development rights and comprise t 3,368 acres in the northern and northwestern portions of the NBM Overlay. The Receiving Areas are generally located in the northern portion of NBM Overlay and are generally contiguous to Golden Gate Estates. Two sections are directly to the south of the APAC Earth Mining Operation. The Receiving Area exhibits areas of less environmental sensitivity than other portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within the Receiving Area of the NBM Overlay, are located Sections 21, 28 and the west 1/4 of Sections 22 and 27, which have been largely assembled under one property ownership. These lands are located south of the existing APAC earth mining operation and have been largely impacted by agricultural operations. The location of Sections 21 and 28 is just to the south and west of Wilson Boulevard located in the southern_portion of north Golden Gate Estates. Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21, 28 and the western halves of Sections 22 and 27 are reported to contain Florida Department of Transportation grade rock for road construction, these uses are encouraged to remain and expand. However, until June 19, 2004, mining operations and an asphalt plant may be expanded only to the western half of Section 21 and shall not generate truck traffic beyond average historic levels. If by June 19, 2004, an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the Board and the mining operator for an east -west connection roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use. If no such designation has been made by June 19, 2004, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use, 79 (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 unless the mine operator upon failure to attain Board selection of an alignment commits by June 19, 2004 to construct a private haul road by June 19, 2006 without the allocation of any public funds. The County's existing excavation and explosive regulations shall apply to all mining operations in these areas. The extension of Wilson Boulevard to the south with an ultimate connection to the vicinity of Interstate 75, will serve to alleviate traffic congestion on Golden Gate Boulevard and serve as an alternate evacuation route for Golden Gate Estates. Sufficient area for right -of -way is available at the present time for the extension of this roadway. Additional right -of -way area may be required outside of Sections 21 and 28. Because of the proximity of Sections 21 and 28 and west 1/4 of section 22 and 27 to Golden Gate Estates, as well as other locations in the NBM Overlay Receiving Area, they are a logical locations for the development of a Rural Village or Neighborhood Village Center with a mix of uses which may include clustering of residential uses and civic and institutional uses, including limited retail uses at an intersection to be established with Wilson Boulevard. (IX) Planning Considerations 1. North Belle Meade Rural Village The standards for the Rural Villages /Commercial in the NBM Overlay Receiving Area shall be generally the same as provided for in the Rural Fringe Mixed Use District, however, because of the NBM Receiving Area's location adjacent to Estates, the NBM NRPA, and other Sending lands, it does not have access to existing commercial uses, which should be encouraged on NBM Receiving Lands. The following exceptions shall apply: ' The minimum gross density shall be 1.5 dwelling units per gross acre and a maximum of 3 units per gross acre. A minimum of .5 dwelling units per gross acre shall be acquired through the transfer of development rights. Sidewalks shall be required on both sides of the streets in the NBM Rural Village Greenbelts shall not be required for any NBM Receiving Lands including any Rural Village. ' Schools should be located within the NBM Rural Village whenever possible in order to minimize busing of students and to co- locate schools with public facilities and civic structures such as parks, libraries, community centers, public squares, greens and civic areas. Elementary schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adjacent to the Rural Village Center, provided such local streets provide adequate access as needed by the School Board. (IX) D. SENDING AREAS Within the NBM Overlay are t 4,598 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and t5 and 3/4 sections west of the NRPA. The sending areas are locations where residential development is discouraged. AW (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 ` 8A Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. (IX) Planning Considerations 1. TDRs *Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. 2. Mitigation Credit * Lands located in the NRPA and the adjoining buffer areas, which will be dedicated to a public or private entity for conservation use may also be credited towards meeting any governmental mitigation requirements and on a one to one acreage basis towards meeting the onsite vegetation preservation requirements of NBM Receiving Lands. 3. Habitat Protection * The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NBM Sending Lands. 4. Public Acquisition *The County should support the public acquisition of Sending areas in the NBM Overlay, particularly in locations where endangered or threatened species are located. (IX) E. NEUTRAL LANDS Within the NBM Overlay there are t 1,280 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two 1/2 sections located at the northeast corner of this Overlay and Section 24 located in the northwest portion of this Overlay. The preservation standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral Lands. The County will perform an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. (IX) C. Natural Resource Protection Area Overlay The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect endangered or potentially endangered species and to identify large connected intact and relatively unfragmented habitats, which may be important for these listed species. NRPAs may include major wetland systems and regional flow -ways. These lands generally should be the focus of any federal, state, County or private acquisition efforts. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. Belle Meade; 5. South Golden Gate Estates; 6. Okaloacoochee Slough (interim); and 7. Camp Keais (interim). NRPAs located in the Rural Fringe Mixed Use District, or on nearby or adjacent Conservation Designated Lands are identified as Sending Lands. Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands. Natural Resource Protection Areas (NRPAs) that are not identified as "interim" above shall have the following standards: (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 81 8A 1. Vegetation Retention and Site Preservation - Calculated at the higher value of 90% of the native vegetation present, or 90% of the total site area, or as may otherwise be permitted under the Density Blending provisions of the FLUE. Applicable standards provided for in CCME Policy 6.1.2 shall also apply; 2. Listed species protection shall be provided for as specified in CCME Policy 7.1.2; 3. Permitted and conditional uses for publicly owned lands within an NRPA Overlay shall be those as set forth under the Conservation Designation. 4. For privately owned lands within a NRPA Overlay and designated Sending lands or Estates, respectively, permitted and conditional uses shall be those as set forth in the Rural Fringe Mixed Use District for Sending Lands. 5. For privately owned lands within a NRPA Overlay and designated Estates, permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan, in recognition of Florida's private property rights laws. As these privately owned Estates Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to Conservation. 6. There are approximately 15 sections of privately owned land within a NRPA Overlay that are not designated Sending and are not located within the Rural Fringe Mixed Use District (where all Sending Lands are located). Eight (8) of these sections, known as the "hole- in -the- doughnut," are located within the South Golden Gate Estates NRPA and surrounded by platted Estates lots, almost all of which have been acquired by the State under the Florida Forever program as part of the Picayune Strand State Forest. The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. Uses on these lands are limited to restoration and mitigation and, at the completion of this restoration process, these lands will be deeded to a land management entity for conservation purposes. As these privately owned Agricultural /Rural Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to Conservation. Until such time, in recognition of Florida's private property rights laws, permitted and conditional uses for these privately owned lands shall be those set forth in the Agricultural /Rural Mixed Use District. (VII) D. Rural Lands Stewardship Area Overlay (VII) Goal Collier County seeks to address the long -term needs of residents and property owners within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment. Collier County's goal is to protect agricultural activities, to prevent the premature conversion of agricultural land to non - agricultural uses, to direct incompatible uses away from wetlands and upland habitat, to enable the conversion of rural land to other uses in appropriate locations, to discourage urban sprawl, and to encourage development that utilizes creative land use planning techniques. (VII) Objective To meet the Goal described above, Collier County's objective is to create an incentive based land use overlay system, herein referred to as the Collier County Rural Lands Stewardship Area Overlay, based on the principles of rural land stewardship as defined in Chapter 163.3177(l 1), F.S. The Policies that will implement this Goal and Objective are set forth below in groups relating to each aspect of the Goal. Group 1 policies describe the structure and organization of the Collier County Rural Lands Stewardship Area Overlay. Group 2 policies relate to agriculture, Group 3 policies relate to natural resource protection, and Group 4 policies relate to conversion of land to other uses and economic diversification. Group 5 are regulatory policies that ensure that land that is not voluntarily included in the Overlay by its owners shall nonetheless meet the minimum requirements of the Final Order pertaining to natural resource protection. (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 82 8A (VII) Group 1: General purpose and structure of the Collier County Rural Lands Stewardship Area Overlay _. (VII) Policy 1.1 To promote a dynamic balance of land uses in the Collier County Rural Lands Stewardship Area (RLSA) that collectively contribute to a viable agricultural industry, protect natural resources, and enhance economic prosperity and diversification, Collier County hereby establishes the Rural Lands Stewardship Area Overlay (Overlay). The Overlay was created through a collaborative community based planning process involving county residents, area property owners, and representatives of community and governmental organizations under the direction of a citizen oversight committee. (VII) Policy 1.2 The Overlay protects natural resources and retains viable agriculture by promoting compact rural mixed -use development as an alternative to low- density single use development, and provides a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. The strategies herein are based in part on the principles of Florida's Rural Lands Stewardship Act, Chapter 163.3177(11) F.S. The Overlay includes innovative and incentive based tools, techniques and strategies that are not dependent on a regulatory approach, but will complement existing local, regional, state and federal regulatory programs. (VII) Policy 1.3 This Overlay to the Future Land Use Map is depicted on the Stewardship Overlay Map (Overlay Map) and applies to rural designated lands located within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC -99 -002. The RLSA generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line, and includes a total of approximately 195,846 acres, of which approximately 182,334 acres is privately owned. The Overlay Map is an adopted overlay to the Future Land Use Map (FLUM). (VII) Policy 1.4 Except as provided in Group 5 Policies, there shall be no change to the underlying density and intensity of permitted uses of land within the RLSA, as set forth in the Baseline Standards, as defined in Policy 1.5, unless and until a property owner elects to utilize the provisions of the Stewardship Credit System. It is the intent of the Overlay that a property owner will be compensated for the voluntary stewardship and protection of important agricultural and natural resources. Compensation to the property owner shall occur through one of the following mechanisms: creation and transfer of Stewardship Credits, acquisition of conservation easements, acquisition of less than fee interest in the land, or through other acquisition of land or interest in land through a willing seller program. (VII) Policy 1.5 As referred to in these Overlay policies, Baseline Standards are the permitted uses, density, intensity and other land development regulations assigned to land in the RLSA by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption of Interim Amendments and Interim Development Provisions referenced in Final Order AC -99 -002. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, except as provided for in Group 5 Policies. No part of the Stewardship Credit System shall be imposed upon a property owner without that owners consent. 83 (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 ' 8A (VII) Policy 1.6 Stewardship Credits (Credits) are created from any lands within the RLSA that are to be kept in permanent agriculture, open space or conservation uses. These lands will be identified as Stewardship Sending Areas or SSAs. All privately owned lands within the RLSA are a candidate for designation as a SSA. Land becomes designated as a SSA upon petition by the property owner seeking such designation and the adoption of a resolution by the Collier County Board of County Commissioners (BCC), which acknowledges the property owner's request for such designation and assigns Stewardship Credits or other compensation to the owner for such designation. Collier County will update the Overlay Map to delineate the boundaries of each approved SSA. Designation as an SSA shall be administrative and shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs. A Stewardship Agreement shall be developed that identifies those allowable residential densities and other land uses which remain. Once land is designated as a SSA and Credits or other compensation is granted to the owner, no increase in density or additional uses unspecified in the Stewardship Agreement shall be allowed on such property. (VII) Policy 1.7 The range of Stewardship Credit Values is hereby established using the specific methodology set forth on the Stewardship Credit Worksheet (Worksheet), incorporated herein as Attachment A. This methodology and related procedures for SSA designation will also be adopted as part of the Stewardship Overlay District in the Collier County Land Development Code (LDC). Such procedures shall include but no be limited to the following: (1) All Credit transfers shall be recorded with the Collier County Clerk of Courts; (2) a covenant or perpetual restrictive easement shall also be recorded for each SSA, shall run with the land and shall be in favor of Collier County, Department of Environmental Protection, Department of Agriculture and Consumer Services, South Florida Water Management District, or a recognized statewide land trust; and (3) for each SSA, the Stewardship Agreement will identify the specific land management measures that will be undertaken and the party responsible for such measures. (VII) Policy 1.8 The natural resource value of land within the RLSA is measured by the Stewardship Natural Resource Index (Index) set forth on the Worksheet. The Index established the relative natural resource value by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the index value for the land. Both the characteristics used and the factors assigned thereto were established after review and analysis of detailed information about the natural resource attributes of land within the RLSA so that development could be directed away from important natural resources. The six characteristics measured are: Stewardship Overlay Designation, Sending Area Proximity, Listed Species Habitat, Soils /Surface Water, Restoration Potential, and Land Use /Land Cover. (VII) Policy 1.9 A Natural Resource Index Map Series (Index Map Series) indicates the Natural Resource Stewardship Index value for all land within the RLSA. Credits from any lands designated as SSAs, will be based upon the Natural Resource Index values in effect at the time of designation. Any change in the Characteristics of land due to alteration of the land prior to the establishment of a SSA that either increases or decreases any Index Factor will result in an adjustment of the factor values and a corresponding adjustment in the credit value. The Index and the Index Map Series are adopted as a part of the RLSA Overlay. 84 (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 8A (VII) Policy 1.10 _. In SSAs, the greater the number of uses eliminated from the property, and the higher the natural resource value of the land, the higher the priority for protection, the greater the level of Credits that are generated from such lands, and therefore the greater the incentive to participate in the Stewardship Credit System and protect the natural resources of the land. (VII) Policy 1.11 The Land Use Matrix, Attachment B, lists uses and activities allowed under the A, Rural Agricultural Zoning District within the Overlay. These uses are grouped together in one of eight separate layers in the Matrix. Each layer is discrete and shall be removed sequentially and cumulatively in the order presented in the Matrix, starting with the residential layer (layer one) and ending with the conservation layer (layer eight). If a layer is removed, all uses and activities in that layer are eliminated and are no longer available. Each layer is assigned a percentage of a base credit in the Worksheet. The assigned percentage for each layer to be removed is added together and then multiplied by the Index value on a per acre basis to arrive at a total Stewardship Credit Value of the land being designated as a SSA. (VII) Policy 1.12 Credits can be transferred only to lands within the RLSA that meet the defined suitability criteria and standards set forth in Group 4 Policies. Such lands shall be known as Stewardship Receiving Areas or SRAs. (VII) Policy 1.13 The procedures for the establishment and transfer of Credits and SRA designation are set forth herein and will also be adopted as a part of a Stewardship District in the LDC (District). LDRs creating the District will be adopted within one (1) year from the effective date of this Plan amendment. (VII) Policy 1.14 Stewardship Credits will be exchanged for additional residential or non - residential entitlements in a SRA on a per acre basis, as described in Policy 4.18. Stewardship density and intensity will thereafter differ from the Baseline Standards. The assignment or use of Stewardship Credits shall not require a GMP Amendment. (VII) Policy 1.15 Land becomes designated as an SRA upon the adoption of a resolution by the Collier County Board of County Commissioners (BCC) approving the petition by the property owner seeking such designation. Any change in the residential density or non - residential intensity of land use on a parcel of land located within a SRA shall be specified in the resolution reflecting the total number of transferable Credits assigned to the parcel of land. Density and intensity within the RLSA or within an SRA shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. (VII) Policy 1.16 Stewardship Receiving Areas will accommodate uses that utilize creative land use planning techniques and Credits shall be used to facilitate the implementation of innovative and flexible development strategies described in Chapter 163.3177 (11), F.S. and 9J- 5.006(5)(1). 85 (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 8A (VII) Policy 1.17 Stewardship Credits may be transferred between different parcels or within a single parcel, subject to compliance with all applicable provisions of these policies. Residential clustering shall only occur within the RLSA through the use of the Stewardship Credit System, and other forms of residential clustering shall not be permitted. (VII) Policy 1.18 A blend of Local, State, Federal and private revenues, such as but not limited to Florida Forever, Federal and State conservation and stewardship programs, foundation grants, private conservation organizations, local option taxes, general county revenues, and other monies can augment the Stewardship program through the acquisition of conservation easements, Credits, or land that is identified as the highest priority for natural resource protection, including, but is not limited to, areas identified on the Overlay Map as Flow way Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs), Water Retention Areas (W RAs) and land within the Big Cypress Area of Critical State Concern (ACSC). (VII) Policy 1.19 All local land or easement acquisition programs that are intended to work within the RLSA Overlay shall be based upon a willing participant/seller approach. It is not the intent of Collier County to use eminent domain acquisition within this system. (VII) Policy 1.20 The County may elect to acquire Credits through a publicly funded program, using sources identified in Policy 1.18. Should the County pursue this option, it shall establish a Stewardship Credit Trust to receive and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within Stewardship Receiving Areas. (VII) Policy 1.21 The incentive based Stewardship Credit system relies on the projected demand for Credits As the primary basis for permanent protection of flowways, habitats and water retention areas. The County recognizes that there may be a lack of significant demand for Credits in the early years of implementation, and also recognizes that a public benefit would be realized by the early designation of SSAs. To address this issue and to promote the protection of natural resources, the implementation of the Overlay will include an early entry bonus to encourage the voluntary establishment of SSAs within the RLSA. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as a HAS located outside of the ACSC and one -half Stewardship Credit per acre of land designated as HAS located inside the ACSC. The early entry bonus shall be available for five years from the effective date of the adoption of the Stewardship Credit System in the LDC. The early designation of SSAs, and resulting protection of flowways, habitats, and Water retention areas does not require the establishment of SRAs or otherwise require the early use of Credits, and Credits generated under the early entry bonus may be used after the termination of the bonus period. The maximum number of Credits that can be generated under the bonus is 27,000 Credits, and such Credits shall not be transferred into or used within the ACSC. 86 (VII) = Plan Amendment by Ordinance No. 2002.54 on October 22, 2002 "8A (VII) Policy 1.22 • The RLSA Overlay was designed to be a long -term strategic plan with a planning horizon - Year of 2025. Many of the tools, techniques and strategies of the Overlay are new, Innovative, incentive based, and have yet to be tested in actual implementation. A comprehensive review of the Overlay shall be prepared for and reviewed by Collier County and the Department of Community Affairs upon the five -year anniversary of the adoption of the Stewardship District in the LDC. The purpose of the review shall be to assess the participation in and effectiveness of the Overlay implementation in meeting the Goal, Objective and Policies set forth herein. The specific measures of review shall be as follows: 1. The amount and location of land designated as FSAs, HSAs, WRAs and other SSAs. 2. The amount and location of land designated as SRAs. 3. The number of Stewardship Credits generated, assigned or held for future use. 4. A comparison of the amount, location and type of Agriculture that existed at the time of a Study and time of review. 5. The amount, location and type of land converted to non - agricultural use with an without participation in the Stewardship Credit System since its adoption. 6. The extent and use of funding provided by Collier County and other sources of Local, State, Federal and private revenues described in Policy 1.18. 7. The amount, location and type of restoration through participation in the Stewardship Credit System since its adoption. 8. The potential for use of Credits in urban areas. (VII) Group 2 — Policies to protect agricultural lands from premature conversion to other uses and continue the viability of agricultural production through the Collier County Rural Lands Stewardship Area Overlay. (VII) Policy 2.1 Agriculture lands will be protected from premature conversion to other uses by creating incentives that encourage the voluntary elimination of the property owner's right to convert agriculture land to non - agricultural uses in exchange for compensation as described in Policy 1.4 and by the establishment of SRAs as the form of compact rural development in the RLSA Overlay. Analysis has shown that SRAs will allow the projected population of the RLSA in the Horizon year of 2025 to be accommodated on approximately 10% of the acreage otherwise required if such compact rural development were not allowed due to the flexibility afforded to such development. The combination of stewardship incentives and land efficient compact rural development will minimize two of the primary market factors that cause premature conversion of agriculture. (VII) Policy 2.2 Agriculture lands protected through the use of Stewardship Credits shall be designated as Stewardship Sending Areas (SSAs) as described in Policy 1.6. The protection measures for SSAs are set forth in Policies 1.6, 1.7 and 1.17. (VII) Policy 2.3 Within one (1) year from the effective date of these amendments, Collier County will establish an Agriculture Advisory Council comprised of not less than five nor more than nine appointed representatives of the agriculture industry, to advise the BCC on matters relating to Agriculture. The Agriculture Advisory Council (AAC) will work to identify opportunities and prepare strategies to enhance and promote the continuance, expansion and diversification of agriculture in Collier County. The AAC will also identify barriers to the continuance, expansion and diversification of the agricultural industry and will prepare recommendations (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 87 r 8 to eliminate or minimize such barriers in Collier County. The AAC will also assess whether exceptions from standards for business uses related to agriculture should be allowed under an administrative permit process and make recommendations to the BCC. (VII) Policy 2.4 The BCC will consider the recommendations of the AAC and facilitate the implementation of strategies and recommendations identified by the ACC that are determined to be appropriate. The BCC may adopt amendments to the LDC that implement policies that support agriculture activities. (VII) Policy 2.5 Agriculture is an important aspect of Collier County's quality of life and economic well- being. Agricultural activities shall be protected from duplicative regulation as provided by the Florida Right -to -Farm Act. (VII) Policy 2.6 Notwithstanding the special provisions of Policies 3.9 and 3.10, nothing herein or in the implementing LDRs, shall restrict lawful agricultural activities on lands within the RLSA that have not been placed into the Stewardship program. (VII) Group 3 — Policies to protect water quality and quantity and maintain the natural water regime, as well as listed animal and plant species and their habitats by directing incompatible uses away from wetlands and upland habitat through the establishment of Flow way Stewardship Areas, Habitat Stewardship Areas, and Water Retention Areas, where lands are voluntarily included in the Rural Lands Stewardship Area program. (VII) Policy 3.1 Protection of water quality and quantity, and the maintenance of the natural water regime shall occur through the establishment of Flowway Stewardship Areas (FSAs), as SSAs within the RLSA Overlay. FSAs are delineated on the Overlay Map and contain approximately 31,100 acres. FSAs are primarily privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the primary wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures described in Group 1 Policies. Not all lands within the delineated FSAs are comparable in terms of their natural resource value; therefore the index shall be used to differentiate higher value from lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that FSA lands score within a range of 0.7 to 2.4; approximately 96% score greater than 1.2 while 4% score 1.2 or less. The average Index score of FSA land is 1.8. (VII) Policy 3.2 Listed animal and plant species and their habitats shall be protected through the establishment of Habitat Stewardship Areas (HSAs), as SSAs within the RLSA Overlay. HSAs are delineated on the Overlay Map and contain approximately 40,000 acres. HSAs are privately owned agricultural areas, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat to help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of Credits, resulting in the elimination of incompatible uses and the establishment of protection measures described in (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 88 8A Group 1 Policies. Not all lands within the delineated HSAs are comparable in terms of their habitat value; therefore the index shall be used to differentiate higher value from lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that HAS lands score within a range of 0.6 to 2.2. There are approximately 13,800 acres of cleared agricultural fields located in HSAs. The average Index score of HAS designated lands is 1.3, however, the average index score of the naturally vegetated areas within HSAs is 1.5. (VII) Policy 3.3 Further protection for surface water quality and quantity shall be through the establishment of Water Retention Areas (WRAs), as SSAs within the RLSA Overlay. WRAs are delineated on the Overlay Map and contain approximately 18,200 acres. WRAs are privately owned lands that have been permitted by the South Florida Water Management District to function as agricultural water retention areas. In many instances, these WRAs consist of native wetland or upland vegetation; in other cases they are excavated water bodies or may contain exotic vegetation. The Overlay provides an incentive to permanently protect WRAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures described in Group 1 Policies. Not all lands within the delineated WRAs are comparable in terms of their natural resource value; therefore the index shall be used to differentiate higher value from lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that WRA lands score within a range of 0.6 to 2.4; approximately 74% score greater than 1.2 while 26% score 1.2 or less. The average Index score of WRA land is 1.5. (VII) Policy 3.4 Public and private conservation areas exist in the RLSA and serve to protect natural resources. Corkscrew Marsh and Okaloacoochee Slough State Forest include approximately 13, 500 acres. Analysis shows that they score within an Index range of 0.0 to 2.2; with an average Index score of 1.5. Because these existing public areas, and any private conservation areas, are already protected, they are not delineated as SSAs and are not eligible to generate Credits, but do serve an important role in meeting the Goal of the RLSA. (VII) Policy 3.5 Residential uses, General Conditional uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1 -4) as listed in the Matrix shall be eliminated in FSAs in exchange for compensation to the property owner as described in Policy 3.8. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. Where practicable, directional - drilling techniques and /or previously cleared or disturbed areas shall be utilized for oil and gas extraction in FSAs in order to minimize impacts to native habitats. Other layers may also be eliminated at the election of the property owner in exchange for compensation. The elimination of the Earth Mining layer shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within a FSA. (VII) Policy 3.6 Residential Land Uses listed in the Matrix shall be eliminated in Habitat Stewardship Sending Areas in exchange for compensation to the property owner as described in Policy 3.8. Other layers may also be eliminated at the election of the property owner in exchange for compensation. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 89 8A (VII) Policy 3.7 General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less. Asphaltic and concrete batch making plants are prohibited in all HSAs. Where practicable, directional - drilling techniques and /or previously cleared or disturbed areas shall be utilized for oil and gas Extraction in HSAs in order to minimize impacts to native habitats. In addition to the requirements imposed in the LDC for approval of a Conditional Use, such uses will only be approved upon submittal of an EIS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. As an alternative to the foregoing, the applicant may demonstrate that such use is an integral part of an approved restoration or mitigation program. Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida Department of Environmental Protection. Compliance with the following standards shall be considered by Collier County as meeting the requirement for minimization of impact: Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel. Areas previously cleared shall be used preferentially to native vegetated areas. • Buffering to Conservation Land shall comply with Policy 4.13. (VII) Policy 3.8 Compensation to the property owner may occur through one or more of the following mechanisms: creation and transfer of Stewardship Credits, acquisition of conservation easements, acquisition of less than fee interest in the land, or through other acquisition of land or interest in land through a willing seller program. (VII) Policy 3.9 Agriculture will continue to be a permitted use and its supporting activities will continue to be permitted as conditional uses within FSAs and HSAs, pursuant to the Agriculture Group classifications described in the Matrix. The Ag 1 group includes row crops, citrus, specialty farms, horticulture, plant nurseries, improved pastures for grazing and ranching, aquaculture and similar activities, including related agricultural support uses. In existing Ag 1 areas within FSAs and HSAs, all such activities are permitted to continue, and may convert from one type of Agriculture to another and expand to the limits allowed by applicable permits. Once the Stewardship Credit System is utilized and an owner receives compensation as previously described, no further expansion of Ag 1 will be allowed in FSAs and HSAs beyond existing or permitted limits within property subject to a credit transfer. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 90 (VII) Policy 3.10 8A Ag 2 includes unimproved pastures for grazing and ranching, forestry and similar activities, including related agricultural support uses. In existing Ag 2 areas within FSAs and HSAs, such activities are permitted to continue, and may convert from one type of Agriculture to another and expand to the limits allowed by applicable permits. Once the Stewardship Credit System is utilized and an owner receives compensation as previously described, no further expansion of Ag 2 or conversion of Ag 2 to Ag 1 will be allowed in FSAs or HSAs beyond existing or permitted limits within property subject to a credit transfer. (VII) Policy 3.11 In certain locations there may be the opportunity for flow -way or habitat restoration. Examples include, but are not limited to, locations where flow -ways have been constricted or otherwise impeded by past activities, or where additional land is needed to enhance wildlife corridors. Priority shall be given to restoration within the Camp Keais Strand FSA or contiguous HSAs. Should a property owner be willing to dedicate land for restoration activities within the Camp Keais Strand FSA or contiguous HSAs, four additional Stewardship Credits shall be assigned for each acre of land so dedicated. An additional two Stewardship credits shall be assigned for each acre of land dedicated for restoration activities within other FSAs and HSAs. The actual implementation of restoration improvements is not required for the owner to receive such credits and the costs of restoration shall be borne by the governmental agency or private entity undertaking the restoration. Should an owner also complete restoration improvements, this shall be rewarded with four additional Credits for each acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the permit agency authorizing said restoration. This policy does not preclude other forms of compensation for restoration which may be addressed through public - private partnership agreement such as a developer contribution agreement or stewardship agreement between the parties involved. The specific process for assignment of additional restoration credits shall be included in the Stewardship District of the LDC. (VII) Policy 3.12 Based on the data and analysis of the Study, FSAs, HSAs, WRAs, and existing public /private conservation land include the land appropriate and necessary to accomplish the Goal pertaining to natural resource protection. To further direct other uses away from and to provide additional incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keels Strand, all land within 500 feet of the delineated FSAs that comprise the Slough or Strand that is not otherwise included in a HSA or WRA shall receive the same natural index score (0.6) that a HSA receives if such property is designated as a SSA and retains only agricultural, recreational and /or conservation layers within the matrix (VII) Policy 3.13 Water Retention Areas (WRAs) as generally depicted on the Overlay Map have been permitted for this purpose and will continue to function for surface water retention, detention, treatment and /or conveyance, in accordance with the South Florida Water Management District ( SFWMD) permits applicable to each WRA. WRAs can also be permitted to provide such functions for new uses of land allowed within the Overlay. WRAs may be incorporated into a SRA master plan to provide water management functions for properties within such SRA, but are not required to be designated as a SRA in such instances. WRA boundaries are understood to be approximate and are subject to refinement in accordance with SFWMD permitting. (VII) Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 91 8A (VII) Policy 3.14 During permitting to serve new uses, additions and modifications to WRAs may be required or desired, including but not limited to changes to control elevations, discharge rates, storm water pre- treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFW MD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the WRAs unless there is compensating mitigation or restoration in other areas of the Overlay that will provide comparable habitat function. Compensating mitigation or restoration for an impact to a W RA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough. (VII) Group 4- Policies to enable conversion of rural lands to other uses in appropriate locations, while discouraging urban sprawl, and encouraging development that utilizes creative land use planning techniques by the establishment of Stewardship Receiving Areas. (VII) Policy 4.1 Collier County will encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA. Collier County will also encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of Stewardship Receiving Areas (SRAs). Incentives to encourage and support the diversification and vitality of the rural economy such as flexible development regulations, expedited permitting review, and targeted capital improvements shall be incorporated into the LDC Stewardship District. (VII) Policy 4.2 All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for designation as a SRA, except land delineated as a FSA, HSA, W RA or land that has been designated as a Stewardship Sending Area. Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies. Due to the long -term vision of the RLSA Overlay, extending to a horizon year of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S., the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominately of agriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA designation include approximately 74,500 acres outside of the ACSC and 18,300 acres within the ACSC. Approximately 2% of these lands achieve an Index score greater than 1.2. Because the Overlay requires SRAs to be compact, mixed -use and self sufficient in the provision of services, facilities and infrastructure, traditional locational standards normally applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the principles of the Rural Lands Stewardship Act as further described herein. (VII) Policy 4.3 Land becomes designated as a SRA upon petition by a property owner to Collier County seeking such designation and the adoption of a resolution by the BCC granting the designation. The petition shall include a SRA master plan as described in Policy 4.5. The basis for approval shall be a finding of consistency with the policies of the Overlay, including (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 92 8A required suitability criteria set forth herein, compliance with the LDC Stewardship District, and assurance that the applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses. Within one year from the effective date of this amendment, Collier County shall adopt LDC amendments to establish the procedures and submittal requirements for designation as a SRA, to include provisions for consideration of impacts, including environmental and public infrastructure impacts, and provisions for public notice of and the opportunity for public participation in any consideration by the BCC of such a designation. (VII) Policy 4.4 Collier County will update the Overlay Map to delineate the boundaries of each approved SRA. Such updates shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs. (VII) Policy 4.5 To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as a SRA. The master plan will demonstrate that the SRA complies with all applicable policies of the Overlay and the LDC Stewardship District and is designed so that incompatible land uses are directed away from wetlands and critical habitat identified as FSAs and HSAs on the Overlay Map. (VII) Policy 4.6 SRA characteristics shall be based upon innovative planning and development strategies referenced in Chapter 163.3177 (11), F.S. and 9J- 5.006(5)(1). These planning strategies and techniques include urban villages, new towns, satellite communities, area -based allocations, _- clustering and open space provisions, and mixed -use development that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost - efficient delivery of public facilities and services. Such development strategies are recognized as methods of discouraging urban sprawl. (VII) Policy 4.7 There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The Characteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and OJ- 5.006(5)(1). The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in a SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 93 8A (VII) Policy 4.7.1 Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and /or neighborhoods that have individual identity and character. Towns shall have a mixed -use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Design criteria for Towns shall be included in the LDC Stewardship District. Towns shall not be located within the ACSC. (VII) Policy 4.7.2 Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed -use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Design criteria for Villages shall be included in the LDC Stewardship District. (VII) Policy 4.7.3 Hamlets are small rural residential areas with primarily single - family housing and limited range of convenience - oriented services. Hamlets shall be not less than 40 or more then 100 acres. Hamlets will serve as a more compact alternative to traditional five -acre lot rural subdivisions currently allowed in the baseline standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Attachment C. Hamlets may be an appropriate location for pre -K through elementary schools. Design criteria for Hamlets shall be included in the LDC Stewardship District. To maintain a proportion of Hamlets to Villages and Towns, not more than 5 Hamlets, in combination with CRDs of 100 acres or less, may be approved as SRAs prior to the approval of a Village or Town, and thereafter not more than 5 additional Hamlets, in combination with CRDs of 100 acres or less, may be approved for each subsequent Village or Town. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 94 8A (VII) Policy 4.7.4 Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. An example of a CRD is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco- tourists, but may not provide for the range of services that necessary to support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth on Attachment C based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required, however for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with Attachment C. To maintain a proportion of CRDs of 100 acres or less to Villages and Towns, not more than 5 CRDs of 100 acres or less, in combination with Hamlets, may be approved as SRAs prior to the approval of a Village or Town, and thereafter not more than 5 additional CRDs of 100 acres or less, in combination with Hamlets, may be approved for each subsequent Village or Town. There shall be no more than 5 CRDs of more than 100 acres in size. The appropriateness of this limitation shall be reviewed in 5 years pursuant to Policy 1.22. (VII) Policy 4.8 An SRA may be contiguous to a FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Policy 4.13. A SRA may be contiguous to and served by a W RA without requiring the W RA to be designated as a SRA in accordance with Policy 3.12 and 3.13. (VII) Policy 4.9 A SRA must contain sufficient suitable land to accommodate the planned development in an environmentally acceptable manner. The primary means of directing development away from wetlands and critical habitat is the prohibition of locating SRAs in FSAs, HSAs, and WRAs. To further direct development away from wetlands and critical habitat, residential, commercial, manufacturing /light industrial, group housing, and transient housing, institutional, civic and community service uses within a SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. In addition, conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. The Index value of greater than 1.2 represents those areas that have a high natural resource value as measured pursuant to Policy 1.8. Less than 2% of potential SRA land achieves an Index score of greater than 1.2. (VII) Policy 4.10 Within the RLSA Overlay, open space, which by definition shall include public and private conservation lands, underdeveloped areas of designated SSAs, agriculture, water retention and management areas and recreation uses, will continue to be the dominant land use. Therefore, open space adequate to serve the forecasted population and uses within the SRA is provided. To ensure that SRA residents have such areas proximate to their homes, open (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 95 space shall also comprise a minimum of thirty -five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. Lands within a SRA greater than one acre with Index values of greater than 1.2 shall be retained as open space. As an incentive to encourage open space, such uses within a SRA, located outside of the ACSC, exceeding the required thirty -five percent shall not be required to consume Stewardship Credits. (VII) Policy 4.11 The perimeter of each SRA shall intensity uses within the SRA to I edges of SRAs shall be well def adjoining property. Techniques s recreation /open space placement be designed to provide a transition from higher density and ower density and intensity uses on adjoining property. The ined and designed to be compatible with the character of uch as, but not limited to setbacks, landscape buffers, and may be used for this purpose. Where existing agricultural activity adjoins a SRA, the design of the SRA must take this activity into account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. (VII) Policy 4.12 Where a SRA adjoins a FSA, HSA, WRA or existing public or private conservation land delineated on the Overlay Map, best management and planning practices shall be applied to minimize adverse impacts to such lands. SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact the adjacent FSA, HSA, WRA or conservation land. Detention and control elevations shall be established to protect such natural areas and be consistent with surrounding land and project control elevations and water tables. (VII) Policy 4.13 Open space within or contiguous to a SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the Overlay Map. Open space contiguous to or within 300 feet of the boundary of a FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set -back areas, and other natural or man- made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. (VII) Policy 4.14 The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. No SRA shall be approved unless the capacity of County collector or arterial road(s) serving the SRA is demonstrated to be adequate in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. A transportation impact assessment meeting the requirements of Section 2.7.3 of the LDC, or its successor regulation shall be prepared for each proposed SRA to provide the necessary data and analysis. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 96 8A (VII) Policy 4.15 SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and Attachment C. An appropriate mix of retail, office, recreational, civic, governmental, and institutional uses will be available to serve the daily needs and community wide needs of residents of the.RLSA. Depending on the size, scale, and character of a SRA, such uses may be provided either within the specific SRA, within other SRAs in the RLSA or within the Immokalee Urban Area. By example, each Village or Town shall provide for neighborhood retail /office uses to serve its population as well as appropriate civic and institutional uses, however, the combined population of several Villages and Hamlets may be required to support community scaled retail or office uses in a nearby Town. Standards for the minimum amount of non - residential uses in each category are set forth in Attachment C, and shall be also included in the Stewardship LDC District. (VII) Policy 4.16 A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand. The level of infrastructure provided will depend on the type of development, accepted civil engineering practices, and LDC requirements. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. Infrastructure to be analyzed includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. Transportation infrastructure is discussed in Policy 4.14. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, the Immokalee Water Sewer Service District, Collier County, or other governmental entity. Innovative alternative water and wastewater treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on an interim basis until services from a centralized /decentralized community system are available. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. (VII) Policy 4.17 The SRA will be planned and designed to be fiscally neutral or positive to the Collier County tax base at the horizon year based on a modified per capita cost/benefit fiscal analysis (Modified per capita cost/benefit fiscal analysis per Burchell et.al.,1994, Development Impact Assessment Handbook, ULI.). The BCC may grant exceptions to this policy to accommodate affordable housing, as it deems appropriate. Techniques that support fiscal self- sufficiency such as Community Development Districts shall be encouraged. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater managmenet, solid waste, parks, law enforcement, and schools. Development phasing and funding mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to the County Concurrency Management System. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 97 8A (VII) Policy 4.18 Eight Credits shall be required for each acre of land included in a SRA, except for open space in excess of the required thirty -five percent as described in Policy 4.10 or for land that is designated for a public benefit use described in Policy 4.19. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents of rural areas, the SRA designation entitles a full range of uses, accessory uses and associated uses that provide a mix of services to and are supportive to the residential population of a SRA, as provided for in Policies 4.7, 4.15 and Attachment C. Such uses shall be identified, located and quantified in the SRA master plan. (VII) Policy 4.19 The acreage of a public benefit use shall not count toward the maximum acreage limits described in Policy 4.7. For the purpose of this policy, public benefit uses include: public schools (preK -12) and public or private post secondary institutions, including ancillary uses; community parks exceeding the minimum acreage requirements of Attachment C, municipal golf courses; regional parks; and governmental facilities excluding essential services as defined in the LDC. The location of public schools shall be coordinated with the Collier County School Board, based on the interlocal agreement 163.3177 F.S. and in a manner consistent with 235.193 F.S. Schools and related ancillary uses shall be encouraged to locate in or proximate to Towns, Villages, and Hamlets subject to applicable zoning and permitting requirements. (VII) Policy 4.20 Lands within the ACSC that meet all SRA criteria shall also be restricted such that credits used to entitle a SRA in the ACSC must be generated exclusively from SSAs within the ACSC. Further, the only form of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and CRDs of 100 acres or less and the only form of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and Hamlets. Provided, however, that two Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations, shall be allowed in areas that have a frontage on State Road 29 and that, as of the effective date of these amendments, had been predominantly cleared as a result of Ag Group I or Earth Mining or Processing Uses. This policy is intended to assure that the RLSA Overlay is not used to increase the development potential within the ACSC but instead is used to promote a more compact form of development as an alternative to the Baseline Standards already allowed within the ACSC. No policy of the RLSA Overlay shall take precedence over the Big Cypress ACSC regulations and all regulations therein shall apply. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 98 8A (VII) Group 5 - Policies that protect water quality and quantity and the maintaining of the natural water regime and protect listed animal and plant species and their habitats on land that is not voluntarily included in the Rural Lands Stewardship Area program. (VII) Policy 5.1 To protect water quality and quantity and maintenance of the natural water regime in areas mapped as FSAs on the Overlay Map prior to the time that they are designated as SSAs under the Stewardship Credit Program. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1 -4) as listed in the Matrix shall be eliminated in FSAs. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. Where practicable, directional - drilling techniques and /or previously cleared or disturbed areas shall be utilized for oil or gas extraction in FSAs in order to minimize impacts to native habitats. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a free or lesser interest in the land, shall constitute compensation for the loss of these rights. (VII) Policy 5.2 To protect water quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the Overlay Map that are within the ACSC, all ACSC regulatory standards shall apply, including those that strictly limit non - agricultural clearing. (VII) Policy 5.3 To protect water quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, And W RAs on the Overlay Map that are not within the ACSC, if a property owner proposes to utilize such land for a non - agricultural purpose under the Baseline Standards referenced in Policy 1.5 and does not elect to use the Overlay, the following regulations are applicable, shall be incorporated into the LDC, and shall supercede any comparable existing County regulations that would otherwise apply. These regulations shall only apply to non- agricultural use of land prior to its inclusion in the Overlay system: 1. Site clearing and alteration shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding area. 3. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. 4. An Environmental Impact Statement shall be prepared by the applicant and reviewed by Collier County in accordance with County regulations. 5. Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent structures. (VII) Policy 5.4 Collier County will coordinate with appropriate State and Federal agencies concerning the provision of wildlife crossings at locations determined to be appropriate. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 99 8A (VII) Policy 5.5 For those lands that are not voluntarily included in the Rural Lands Stewardship program, non - agricultural development, excluding individual single family residences, shall be directed away from the listed species and their habitats by complying with the following guidelines and standards: 1. A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission ( FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. 2. Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site is capable of supporting wildlife and can be anticipated to be potentially occupied by listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. a. Management plans shall incorporate proper techniques to protect listed species and their habitats from the negative impacts of proposed development. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses and signage shall be used where roads must cross wildlife corridors. i. The following references shall be used, as appropriate, to prepare the required management plans: 1. South Florida Multi- Species Recovery Plan, USFWS, 1999. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. 3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. 4. Ecology and Development - Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. 5. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large -scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. ii. The County shall consider any other techniques recommended by the USFWS and FFWCC, subject to the provision of paragraph (3) of this policy. iii. When listed species are directly observed on site or indicated by evidence, such as denning, foraging, or other indications, priority shall be given to preserving the listed species habitats first, as a part of the retained native vegetation requirement of a minimum of 40 %. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 100 8A The County shall also consider the recommendation of other agencies, subject to the provisions of paragraph (3) of this policy. b. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. c. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on -site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. d. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi- Species Recover Plan, May 1999, subject to the provisions of paragraph (3) of this policy. e. For the red - cockaded woodpecker Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on -site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi - Species Recovery Plan, May 1999, subject to the provision of paragraph (3) of this policy. f. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear -proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. g. For projects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Gold courses within the Rural Lands Area shall be designed and managed using standards found within this Overlay. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire - adapted preserved vegetation communities and provide browse for white - tailed deer. These requirements shall be consistent with the UFWS South Florida Multi- Species Recover Plan, May 1999, subject to the provisions of paragraph (3) of this policy. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 101 h. The Management Plans shall contain a monitoring program for 8 A developments greater than 10 acres. The County shall, consistent with applicable policies of this Overlay, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. (VII) Policy 5.6 For those lands that are not voluntarily included in the Rural Lands Stewardship program, Collier County shall direct non - agricultural land uses away from high functioning wetlands by limiting direct impacts within wetlands. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: 1. There are two (2) major wetlands systems within the RLSA, Camp Keais, Strand and the Okaloacoochee Slough. These two systems have been mapped and are designated as FSA's. Policy 5.1 prohibits certain uses within the FSA's, thus preserving and protecting the wetlands functions within those wetland systems. 2. The other significant wetlands within the RLSA are W RA's as described in Policy 3.3. These areas are protected by existing SFWMD wetlands permits for each area. 3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site clearing and alteration limitations, nonpermeable surface limitations, and requirements addressing surface water flows which protect wetland functions within the wetlands in those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These wetlands will be protected based upon the wetland functionality assessment described below, and the final permitting requirements of the South Florida Water Management District. a. The County shall apply the vegetation retention, open space and site preservation requirements specified within this Overlay to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: i. The acreage requirements specified within this Overlay shall be met by preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph (b) of this policy. The vegetative preservation requirements imposed by Policy 5.3 shall first be met through preservation of wetlands having a functionality assessment score of 0.65 or greater. Within one year, from the effective date of this Amendment, the County shall develop specific criteria in the LDC to be used to determine those instances in which wetlands with functionality assessment score of 0.65 or greater must be preserved in excess of the preservation required by Policy 5.3. ii. Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. Wetland flowway functions through the project shall be maintained. iii. Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely change the hydoperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 102 requirements, projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review, January 2001. Upland vegetative communities may be utilized to meet the vegetative, open space and site preservation requirements of this Overlay when the wetland functional assessment score is less than 0.65. b. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg -001, dated September 1997, and updated August 1999, until such time as the District adopts the proposed Unified Wetland Mitigation Assessment Method, described in draft form and identified as F.A.C. Chapter 62- 345 - Uniform Wetland Mitigation Assessment Method. The applicant shall submit to county staff WRAP scores, County staff shall review shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph 3 above. c. All direct impacts shall be mitigated for pursuant to the requirements of paragraph (f) of this policy. d. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. e. The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50 -foot vegetated upland buffer adjacent to a natural water body, and for other wetlands a minimum 25 -foot vegetated upland buffer adjacent to the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50 %. A structural buffer shall be required adjacent to wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: i. The buffer shall be measured landward from the approved jurisdictional line. ii. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. iii. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. iv. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. v. A structural buffer may consist of a stem -wall, berm, or vegetative hedge with suitable fencing. f. Mitigation shall be required for direct impacts to wetland in order to result in no net loss of wetland functions. (VII) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 103 M � 1 • Mitigation Requirements: i. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. Priority shall be given to mitigation within FSA's and HSA's. ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. iii. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. iv. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (f)i, ii, and iii of this policy. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. g . Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed above (3.e.iv.) and shall not include any other activities that are detrimental to drainage, flood, control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. VII)(IX) E. Airport Noise Area Overlay The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65, 70 and 75 Ldn (day -night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. (IV)(IX) F. Bayshore /Gateway Triangle Redevelopment Overlay The Bayshore /Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore /Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on March 14, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore /Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections (IX) = Plan Amendment by Ordinance No. 2002 -32 on June 19, 2002 104 18A between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning overlays will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed -Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C -1 through C -3 zoning district uses plus hotel /motel use. Mixed -use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non - residential /non - commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water - dependent and water - related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 4. Properties with access to US -41 East are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #9, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore /Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards to be approved by the Board of County Commissioners at a later time. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties with access to Bayshore Drive, as identified in the Bayshore Drive Mixed Use Zoning Overlay District, are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the property must meet the specific development standards that will apply to residential and mixed -use development along the Bayshore Drive corridor, and must comply with the standards identified in Paragraph #9, below. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. The Bayshore Drive Zoning Overlay will be developed and adopted into the Land Development Code in the present or next available amendment cycle. Expansion of existing commercial zoning boundaries along Bayshore Drive within the Bayshore Drive Mixed Use Zoning Overlay District will not be allowed until the zoning overlay is in place. Non - commercially zoned properties within the Bayshore Drive Mixed Use Zoning Overlay District may be eligible for in -fill, low- intensity commercial development provided they meet the criteria listed below: 105 `8A a. If one parcel in the proposed project abuts commercial zoning on one side, the commercial zoning may be applied for the entire project site. The following requirements must be met: joint access and /or vehicular interconnection; pedestrian interconnection; and the entire project site must comply with Division 2.8 of the Land Development Code, as may be modified by the Bayshore Drive Mixed Use Zoning Overlay. b. The depth of a parcel for which commercial zoning is sought may exceed the depth of the abutting commercially zoned property. Adequate buffers must be provided between the commercial uses and non - commercial uses and non - commercial zoning. c. The project must be compatible with existing land uses and permitted future land uses on surrounding properties. 7. Parcels currently within the boundaries of Mixed Use Activity Center #16 will continue to be governed by the Mixed Use Activity Center Subdistrict. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. 8. Existing zoning districts for some properties within the Bayshore /Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 9. To qualify for 12 dwelling units per acre, mixed use projects within the Bayshore /Gateway Triangle Redevelopment Overlay must comply with the following standards: a. Buildings containing only commercial uses are limited to a maximum height of three stories. b. Buildings containing only residential uses are limited to a maximum height of three stories except such buildings are allowed a maximum height of four stories if said residential buildings are located in close proximity to US -41. Buildings containing mixed use (residential uses over commercial uses) are limited to a maximum height of four stories. d. Hotels /motels will be limited to a maximum height of four stories. e. For purposes of this Overlay, each 14 feet of building height shall be considered one story. f. For mixed -use buildings, commercial uses are permitted on the first two stories only. g. Each building containing commercial uses only is limited to a maximum building footprint of 20,000 square feet gross floor area. h. One or more zoning overlays may be adopted which may include more restrictive standards than listed above in Paragraphs a —g. fGTV " 8A 10. For properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. For properties within the Coastal High Hazard Area (CHHA), only the affordable housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses as provided in #4 and #5 above for that portion of the Overlay lying within the CHHA, except that 156 dwelling units with direct access to US -41 East shall not be counted towards this 388 dwelling unit limitation. These 388 dwelling units correspond with the number of dwelling units to be rezoned from the botanical gardens sites, as provided for below, resulting in a shift of dwelling units within the CHHA. There is no such density bonus limitation for that portion of the Overlay lying outside of the CHHA. 12. The Botanical Garden, Inc. properties located in Section 23,Township 50 South and Range 25 East and shown on the Bayshore /Gateway Triangle Redevelopment Overlay Map, shall be limited to non - residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and /or recreational open space uses. 13. Within one year of the effective date of this amendment establishing the Bayshore /Gateway Triangle Redevelopment Overlay, the properties to be developed with a botanical garden or other non - residential use, will be rezoned from the present 388 residential zoning districts to a non - residential zoning district(s). No portion of the dwelling unit density bonuses within the CHHA can be utilized until a corresponding number of dwelling units has been rezoned from the botanical gardens site(s), as provided for above. tVlll) G. URBAN -RURAL FRINGE TRANSITION ZONE OVERLAY Sections 13, 14, 23, and 24, Township 48 South, Range 26 East consisting of +2,562 acres which overlap the Urban and Agricultural /Rural boundary line, north of the intersection of Immokalee Road and County Road 951, are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers (USACOE) and Florida Department of Environmental Protection, a total of +1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural /Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow -way and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. Sections 13, 14 and 24 in the Agricultural /Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flowway and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. (VIII) = Plan Amendment by Ordinance No. 2003 -7 on February 11, 2003 107 18A . These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. To resolve potential land use conflicts and protect environmental resources, an Urban -Rural Fringe Transition Zone Overlay is created which encompasses all four sections, and all development proposed within the Overlay area shall comply with the following performance standards: Approximately 533 acres of wetlands, which exist on the property, are currently in a conservation easement. An additional 300 acres of wetlands will be placed in conservation easement status. Together these 830 + acres of wetlands have the potential to be connected to wetland sites off -site thereby providing an environmental and wildlife corridor connection. 2. Native vegetation or other natural areas (inclusive of conservation areas) shall cover a minimum of 40% of the gross land area (or its equivalent off -site) exclusive of existing rock quarries. 3. Seventy percent (70 %) of the gross land area shall be devoted to open space, including but not limited to, lakes (including existing rock quarries), golf courses and conservation areas. 4. To the greatest extent practical, the existing rock quarries shall be incorporated into the regional water management system and utilized to accommodate the passing through of off -site water flows and may be used for recreational purposes. 5. Development on the property shall connect to the County's regional water and wastewater facilities, which exist at the southwest corner of the property at the intersection of Immokalee Road and County Road 951, which regional service area is expanded to include all of the property. 6. The maximum number of residential units on the entire Heritage Bay property shall not exceed 3,450 (not including 200 ALF units). This number may be allocated and developed among all of the Sections, in conformance with the environmental preservation requirements referenced in Sub - paragraph 1, above, and shall be clustered, in order to achieve conformance with the other performance standards applicable to this Overlay. 7. Development of the property shall be designed to encourage internal vehicle trip capture by providing commercial and recreational uses and shall provide for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways shall be connected and shall provide access to the Activity Center located in the southwest corner of the property. 8. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road and three "Village Centers" totaling approximately 26 acres within the residential part of the Heritage Bay development. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and (VIII) = Plan Amendment by Ordinance No. 2003 -7 on February 11, 2003 108 A 1 50,000 square feet of office uses. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. For golf course(s) located in Sections 13, 14, and 24, for each five (5) gross acres of land area utilized as part of the golf course(s) ( "golf course" shall include the clubhouse area, rough, fairways, greens, and lakes, but excludes any area dedicated as a conservation area, which is non - irrigated and retained in a natural state) one (1) transfer of development right (TDR) credit shall be acquired from areas identified by the County as "Sending Lands ". In the event that construction of approved golf course(s) commences in Sections 13, 14 or 24 prior to the effective date of the County's applicable TDR program, the developer shall provide, in a manner and form acceptable to the County, financial assurances to guarantee sufficient funds to purchase the necessary number of TDR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TDR credits shall be equal to the required number of TDRs multiplied by the estimated value of a TDR as established by the applicable County TDR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23. 2001. If the construction of approved golf course(s) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TDR program, then the developer shall be required to acquire the appropriate TDR credits for golf course(s) within 90 days following implementation of the County's TDR program. In the event that an applicable TDR program has not been implemented by the County and is not effective within forty -eight (48) months from the adoption date of this plan amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf course(s) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph relating to the guaranteed funds for TDR credits shall be null and void. (VIII) = Plan Amendment by Ordinance No. 2003 -7 on February 11, 2003 109 / FUTURE LAND USE MAP SERIES 8A • Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9,5.10,5.11) Natural Resources Wetlands Map (1)(XI) Wellhead Protection Areas (V) Bayshore /Gateway Triangle Redevelopment Overlay Map (VII)Stewardship Overlay Map (VII) Rural Lands Study Area Natural Resource Index Maps (IX) North Belle Meade Overlay Map (XI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 o. a T 409 T47S T 48 8 T488 T008 T51S T52S T558S J W ~ TS �aa ^88^ "p. BCa I �S Bf l & C1 184 1 S Cf 1 a + fi�aa� Rp �B 3V yy C3 # ° a q tlpN 9§a!4_ a Y •4 ,2 = ,F F ( gg 99�S�S El yy q p �1 E a y 3 6 StliB@ cc yg9� a e 9� 7 S y p a5 SF ■� tlFOL iy ¢f66s'f #4 #Y tl 87 F ri 5 r 4 _ 0 �1 y? go Im 0 •r S r ? r! SY° yg��o c tan.;- C No $'sgp�ge93�g9a yrri r= a iO ()E2Fo,N i®ENE■ 0 ~� T i o. a W CA J W ~ TS �aa ^88^ "p. 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I I Ali i �k3 r !" 'r � I cfur O N � J O I Q A n COLLIER COUNTY V WELLHEAD PROTECTION AREAS m NJ IMMOKALEE _N WATER AND SEWER DISTRICT WELLFIELDS CR 846 CR 846 ORANGETREE WELLFIELD CR 858 CR 846 N EAST GOLDEN GATE WELLFIELD COASTAL U G.G. BLVD RIDGE WELLFIELD PINE COLLIER RIDGE COUNTY UTILITIES WELLFIELD N G P WY \� 1 75 SR 84 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE WATER TREATMENT iO PLANT WELLFIELD m tr j U J m N Q U 0_ J LS w R/ N rn N EVERGLADES CITY WELLFIELD A U US 41 AMENDED - SEPTEMBER 10, 2003 Ord. No. 2003 -44 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENNRONMENTAL SERNCES OIM90N SOURCE: COLLIER COUNTY POD ON CONTROL AND PREVENTION DEPT. OATS: 9/2003 FlIE: WFPZRI2- 2003.0WG k k $ /m { {� / - 3 ! ) /G2!} � i « \ \ � \ ] y $ !`| ƒ !\ /! } � { ! 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No. 2003 -7) SCALE I PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION 0 1500 FT. 3000 FT, COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 2/2003 FILE: FLUE— 2003- 1— A4.DWG LEGEND URBANRRURAL FRINGE TRANSITION ZONE OVERLAY COLLIER COUNTY GROWTH MANAGEMENT PLAN GOLDEN GATE AREA MASTER PLAN Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN GOLDEN GATE AREA MASTER PLAN Symbol Date Amended ** May 9, 2000 * ** May 9, 2000 (I) May 9, 2000 (II) May 9, 2000 (III) May 9, 2000 (IV) March 13, 2001 (V) May 14, 2002 (VI) September 10, 2003 Ordinance No. Ordinance No. 2000 -25 Ordinance No. 2000-26 Ordinance No. 2000 -27 Ordinance No. 2000 -28 Ordinance No. 2000-29 Ordinance No. 2001 -12 Ordinance No. 2002-24 Ordinance No. 2003-44 Ordinance No. 2000 -25, rescinded and repealed in its entirety Collier County Ordinance No. 99 -63, which had the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM). Ordinance No. 2000 -26, amended Ordinance No. 89 -05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR -based objectives and policies at issue in Administration Commission Case No. ACC -99 -02 (DOAH Case No. 98- 0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98 -56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97 -59) and Drainage (Ord. No. 97 -61) sub - elements of the Public Facilities Element, Housing Element (Ord. No. 97 -63), Golden Gate Area Master Plan (Ord. No. 97 -64), Conservation and Coastal Management Element (Ord. No. 97 -66), and the Future Land Use Element and Future Land Use Map (Ord. No. 97 -67); and re- adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Indicates adopted portions Note: the support document will be updated as current information becomes available. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 o r 8A TABLE OF CONTENTS • Page I. INTRODUCTION 2 II. OVERVIEW 4 A. County -Wide Planning Process B. Golden Gate Planning Process III. IMPLEMENTATION SECTION 5 A. Goals, Objectives and Policies 5 B. Land Use Designation Description 11 1. Urban 11 2. Estates 25 3. Agricultural /Rural Settlement 34 IV. SUPPORT DOCUMENT V. APPENDIX 1 - CONDITIONAL USES VI. APPENDIX 2 - COMMERCIAL LAND USE NEEDS VII. APPENDIX 3 - GGAMP QUESTIONNAIRE RESULTS VIII. APPENDIX 4 - PUBLIC PARTICIPATION SCHEDULE LIST OF MAPS Map Pane 1 Golden Gate Area Master Plan Study Areas 3 (1) 2 Golden Gate Area Future Land Use Map 6 (I) 3 High Density Residential Subdistrict 14 (I) 4 Urban Mixed Use Activity Center 15 (IV)(VI) 5 Golden Gate Urban Commercial Infill Subdistrict and Golden Gate Estates Commercial Infill Subdistrict 17 (1)(VI) 6 Activity Center and Pine Ridge Road Mixed Use Subdistrict Infill Subdistrict 19 7 Santa Barbara Commercial Subdistrict 21 (1) 8 Golden Gate Parkway Professional Office 24 Commercial Subdistrict (1)(VI) 9 Golden Gate Estates Neighborhood Centers 28 (1)(VI) 10 Wilson Boulevard /Golden Gate Boulevard Center 30 (1)(VI) 11 Collier Boulevard /Pine Ridge Road Center 33 (VI) 12 Golden Gate Boulevard /Everglades Boulevard Center 35 (VI) 13 Immokalee Road /Everglades Boulevard Center 36 (VI) 14 Randall Boulevard Commercial Subdistrict 37 (VI) 15 Golden Gate Parkway Interchange Conditional Uses Area 38 (VI) 16 Commercial Western Estates Infill Subdistrict 39 (VI) 17 Southern Golden Gate Estates Natural Resource Protection Area Overlay 40 (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 1 I. INTRODUCTION Collier County has experienced a tremendous rate of population growth since 1980 and the trend is anticipated to continue. In response to the anticipated population increase and the Growth Management Act of 1985, Collier County adopted a revised Growth Management Plan in January of 1989 as part of a statewide effort to effectively manage growth. The Golden Gate Area (see Map 1) has grown at an even higher rate than the County -Wide rate since 1980 and is projected to contribute significantly to County -Wide growth in the future. The Golden Gate Area was previously subject to the regulations outlined in the County's Growth Management Plan. However, in 1991, the unique characteristics of the area resulted in adoption of a separate Master Plan for Golden Gate. This Master Plan became a separate Element of the County's Growth Management Plan and supersedes Objective 1, Policy 1.1, and Policy 1.3 of the County -Wide Future Land Use Element. All other Goals, Objectives, and Policies contained in the Future Land Use Element and all other Elements are applicable. In addition, the Golden Gate Area Future Land Use Map will be used instead of the County -Wide Future Land Use Map. In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal (EAR) for Collier County. As a result of the recommendations made in the EAR, Ordinance 91 -15, which adopted the original Golden Gate Area Master Plan was repealed and a new Ordinance 97 -64 was adopted. This plan includes three major sections: The OVERVIEW section provides an introduction to County -Wide and Golden Gate Area planning efforts. The IMPLEMENTATION STRATEGY places the Plan into effect. Strategies have been developed to address land use, public facilities, and natural resources. This section also includes the Goals, Objectives, and Policies, and the Golden Gate Area Future Land Use Map. The SUPPORT DOCUMENT outlines data and information used to develop the implementation strategy and the Goals, Objectives, and Policies. 0 PREPARE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 9B.DWG DATE: 12/96 MAP 1 GOLDEN GATE AREA MASTER STUDY AREAS PLAN P 8A COLLIER COUNTY, FLORIDA HENDRY CO. II. OVERVIEW A. COUNTY -WIDE PLANNING PROCESS As mandated by Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulations Act" and Chapter 9J -5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance ", Collier County adopted a new Growth Management Plan in January of 1989. This legislation requires all Counties and municipalities throughout the State of Florida to develop a plan, which consists of the following elements: 1. Land Use; 2. Transportation; 3. Housing; 4. Public Facilities; 5. Capital improvement; 6. Recreation and Open Space; 7. Intergovernmental Coordination; 8. Housing; and 9. Conservation and Coastal Management (Coastal Counties). Chapter 163, F.S. and Rule 9J -5 also require that the Growth Management Plan be evaluated every 7 years and prepare an Evaluation and Appraisal Report (EAR) to determine how the existing Growth Management Plan has carried out its Goals, Objectives and Policies. In April 1996, the Board of County Commissioners adopted the EAR. The Golden Gate Area Master Plan has been readopted to carry out the recommendations of the EAR. B. GOLDEN GATE AREA PLANNING PROCESS Collier County's Future Land Use Element is divided into two sections. The first section outlines the Goals, Objectives and Policies. The second section is the Land Use Data and Analysis. Policy 4.1, contained within the Goals, Objectives and Policies section, states the following: "A detailed sector plan for Golden Gate Estates shall be developed and incorporated into this Growth Management Plan by August, 1991. The sector plan shall address Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations." In February 1991, the Board of County Commissioners adopted the original Golden Gate Area Master Plan after assistance and recommendations from a Citizens Steering Committee. III. IMPLEMENTATION STRATEGY This section places the plan into effect. Implementation strategies include the Goals, Objectives and Policies, and the Land Use Designation Description Section. GOAL 1: TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING WHILE BALANCING THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS. OBJECTIVE 1.1: Unless otherwise permitted in this Master Plan, new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map. The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on all development orders effective with the adoption of this Master Plan. Standards and permitted uses for Golden Gate Area Future Land Use Districts and Subdistricts are identified in the Land Use Designation Description Section of this Element. Policy 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 1. URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict b. High Density Residential Subdistrict 2. URBAN - COMMERCIAL DISTRICTS a. Activity Center Subdistrict (IV)(VI) b Golden Gate Urban Commercial In -fill Subdistrict C. Commercial Under Criteria Subdistrict (VI) d. Interchange Activity Center Subdistrict (VI) e. Pine Ridge Road Mixed Use Subdistrict (VI) f. Santa Barbara Commercial Subdistrict NO g. Golden Gate Parkway Professional Office Commercial Subdistrict Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: Policy 1.1.3: The AGRICULTURAURURAL Future Land Use Designation shall include the following Future Land Use District: SETTLEMENT AREA DISTRICT (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 ESTATES - MIXED USE DISTRICT a. Residential Estates Subdistrict b. Neighborhood Center Subdistrict C. Randall Boulevard Commercial Subdistrict (VI) d. Commercial Western Estates Infill Subdistrict (VI) e. Conditional Uses Subdistrict (VI) f. Southern Golden Gate Estates Natural Resource Protection Area Overlay (VI) g. Golden Gate Estates Commercial Infill Subdistrict Policy 1.1.3: The AGRICULTURAURURAL Future Land Use Designation shall include the following Future Land Use District: SETTLEMENT AREA DISTRICT (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 e E I� F LEGEND INEILL COMNERCIPL ❑ 41iLEMENI PREP NEE IN GATE ■ pC lY CEN", ❑ ■ WLOEN RAONLILTY COMRCIAL PROFESSIONAL 8DISIB COMMERCIAL SVBDIS1RICi SANTA © SENIORS OOD COMMERCIAL. BARBARA SJBBISTXICI CENTERS ❑ LRBAN RESIDENTIAL ^ , IABDALI ■ COMMERCIAL A16DIS..ICl , / DENSITY BARB ■ C NE RI DBE ROAD ® V MINED D E iRICi NRPP BKRLA Y ISIEAN ESIAIEl PILL SUBDISTRICT ■ INTERCHANGE ACIIVRV CENTER AS DESCRIBES IN CWNiY AIDE COMPREXENS`£ PLAN. NTYE THIS MAP CANNOT EE INTERPRETED NmWT INS CAMS. EC11E5 IPI AMR LMO USE OELMPi CN VESCRIPTION SECTCH OF THE CIXCEN CAIE AREA NA5 l PLAN. NAPLES IMMOKALEE ROAD venttM nTATY G wLl wlmu.T m VANDERHILT BEACH ROAD p W RD, V1 OA yl O O a Rte lope Irow eeil6i AM NMD _ E C7 tY1T1 2 RIAL caLtEI1GtL - MWC1 14 1995 tMPtIItCT O Gs w ¢ R, J •yAT W U y G.G. PKWY. q� O A' �141WI 6 40 5 z 6 6 E DAVIS BOULEVARDLY AM NMD S.R. R4 K 6 AMENDED - MWC1 14 1995 N O Gs w ¢ R, y •yAT W U q� O A' �141WI E MAP 2 GOLDEN GATE AREI 8 A FUTURE LAND USE MAP NAPLES 1MMOKALEE ROAD A i > OIL WELL ROAD W z, RAN DALL BOULEVARD 3 GOLDEN GATE 0 1 MI 3 MI, PREPARED BY: CRAPMCS AND TECHNICAL SLPPDI SECIION CON.D.iV DEVELOPMENT AND ENVRCNMENIAL SERMCES MASON EILE'. CGfLO -CP- 31101- 01BDMC DATE. 9 /2003 PLOT; A 7XABPPL R 26E I R27E 6 A QW W IN O R 28E AM NMD �.AIB 199S AMENDED - MWC1 14 1995 A' �141WI ORD, NO 20G3-44 MAP 2 GOLDEN GATE AREI 8 A FUTURE LAND USE MAP NAPLES 1MMOKALEE ROAD A i > OIL WELL ROAD W z, RAN DALL BOULEVARD 3 GOLDEN GATE 0 1 MI 3 MI, PREPARED BY: CRAPMCS AND TECHNICAL SLPPDI SECIION CON.D.iV DEVELOPMENT AND ENVRCNMENIAL SERMCES MASON EILE'. CGfLO -CP- 31101- 01BDMC DATE. 9 /2003 PLOT; A 7XABPPL R 26E I R27E 6 A QW W IN O R 28E Policy 1.1.4: Conditional Use requests shall adhere to the guidelines outlined in the Conditional Use Description Section. Policy 1.1.5 Conditional Use requests shall be approved by the Board of County Commissioners by a Super Majority (4/5) vote. Policy 1.1.6: No development orders shall be issued inconsistent with the Golden Gate Master Plan with the exception of those unimproved properties granted a positive determination through the Zoning Re- evaluation Program and identified on the Future Land Use Map Series as properties consistent by Policy and those development orders issued pursuant to conditional uses and rezones approved based on the County -Wide Future Land Use Element (adopted January 10, 1989, Ordinance 89 -05) which was in effect at the time of approval. Any subsequent development orders shall also be reviewed for consistency with the Growth Management Plan based on the County -Wide Future Land Use Element. OBJECTIVE 1.2: Ensure public facilities are provided at an acceptable level of service. Policy 1.2.1: Requests for new uses of land shall be subject to level of service standards and ` concurrency requirements for public facilities as outlined in the Capital Improvement Element of the Growth Management Plan. Policy 1.2.2: The Golden Gate Area Master Plan shall be updated on an annual basis to reflect changes in programmed public facility improvements. Policy 1.2.3: The Collier County Transportation Department shall continue to explore alternative financing methods to accelerate paving of lime -rock roads in the Estates. Policy 1.2.4: Consistent with Florida Chapter Law #89 -169, Florida Cities Water Company shall provide updated water and sewer service data to the Collier County Utilities Division on an annual basis. Policy 1.2.5: Due to the continued use of individual septic systems and private wells within a densely platted urban area, Florida Cities Water Company is encouraged to expand their sewer and water service area to include all of that area known as Golden Gate City at the earliest possible time. Policy 1.2.6: The Golden Gate Fire District in cooperation with County entities if appropriate, shall investigate the establishment of permanent drafting stations strategically located along the canals in Golden Gate Estates as a water resource to fight fires within the area. • 1 • OBJECTIVE 1.3: The County shall continue to protect and preserve the valuable natural resources within the Golden Gate study area. Policy 1.3.1: The Planning Services Environmental Review staff shall coordinate with all other units of local governments involved in land use activities, permitting, and regulating to ensure that all Federal, State and local natural resource protection regulations are being enforced. Policy 1.3.2: The Golden Gate Area Master Plan shall be updated within a reasonable time period after the date set forth for completion in Policies 1.1 and 1.3 of the Conservation and Coastal Management Element of the Growth Management Plan. OBJECTIVE 1.4: Provide a living environment, which is aesthetically acceptable and enhances the quality of life. Policy 1.4.1: The County's Code Enforcement Board shall strictly enforce the Land Development Code to control illegal storage of machinery, vehicles, and junk, and the illegal operation of commercial activities within the Golden Gate Area. GOAL 2: THE COUNTY RECOGNIZES THAT THE SOUTHERN GOLDEN GATE ESTATES PROJECT (SGGE), AS PART OF THE FEDERAL SAVE OUR EVERGLADES PROGRAM, THAT AREA WHICH LIES SOUTH OF STATE ROAD 84 TO US 41, IS AN AREA OF SPECIAL EVIRONMENTAL SENSITIVITY AND IS BIOLOGICALLY AND HYDROLOGICALLY IMPORTANT. OBJECTIVE 2.1: Immediately upon adoption of this Objective public infrastructure will be handled by the following policies. Policy 2.1.1 Minimal road maintenance to include traffic signage, right -of -way mowing and road surface patching /grading will continue. Policy 2.1.2 Consistent with the Public Facilities Element, public water and sewer facilities shall not be expanded into SGGE. Policy 2.1.3 Special taxing districts associated with infrastructure improvements shall not be created for or expanded into SGGE. Policy 2.1.4 The County shall apply Chapter 28 -25, F.A.C., "Boundary and Regulations for the Big Cypress Area of Critical State Concern" to those Golden Gate Estates units located within the Big Cypress Area of Critical State Concern. Mor, OBJECTIVE 2.2: In order to further its goal of protecting this area of special environmental sensitivity, the County will coordinate with DEP in an effort to assist the State's acquisition of privately owned property within SGGE to the extent consistent with the recognition of existing private property rights. Policy 2.2.1: The County shall direct inquiries and make information available regarding options for the sale or donation of land to the State, or other inquiries regarding acquisition, to the Florida DEP, Bureau of Land Acquisition's designee, as provided by DEP. Policy 2.2.2: The County will designate a member of the Community Development and Environmental Services Division to act as liaison between property owners and DEP so as to provide accurate information regarding the acquisition of land in SGGE. Policy 2.2.3: Immediately upon adoption of this policy, implement a system for reviewing applications for development in SGGE, which will include the following two step procedure: Step I: Pre - application Procedure: (1) A. Notice to DEP, Bureau of Land Acquisition, of the application within 5 days of receipt; (1) B. Notice to the applicant of DEP's acquisition program, the lack of public infrastructure and the proposed restoration program for SGGE; (1) C. Within the notice of DEP's acquisition program, the applicant shall be encouraged to contact DEP's, Bureau of Land Acquisition to determine and negotiate whether DEP intends to purchase applicant's property at fair market value; (1) D. Prior to the processing of an application for development approval (Step II) the applicant shall provide to the County proof of coordination with DEP. Upon execution of a contract for sale, the pre - application shall be placed in abeyance pending completion of the purchase by DEP: Step II: Application Review Procedure: E. The County shall review the environmental impacts of the application in order to minimize said impact; F. The County shall apply Section 2.2.24.3.2, Development Standards and Regulations for ACSC -ST of the County's Unified Land Development Code or Chapter 28 -25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern ", whichever is stricter; and, (1) G. The County shall provide a maximum review and processing time of 180 days from the date of commencement of the pre - application procedure before any development permits are issued. • OBJECTIVE 2.3: In order to further this Goal, Collier County recognizes the DEP's Work Plan and time frames for completion of the reappraisal and purchase of lands in SGGE as follows: • Reappraisal of lands by December 1998, using the Uniform Standards of Professional Appraisal Practices, without limiting conditions. • Complete purchase of the SGGE project by December 31, 2000. Policy 2.3.1: Recognizing the time frames described in Objective 2.3 above, if either the reappraisal or purchase is not completed by the dates specified in the Work Plan, the Board of County Commissioners will initiate the process to amend the Growth Management Plan to delete Goal 2 and its related Objectives and Policies during the first amendment cycle following the first scheduled completion date of December, 1998 described in the Work Plan. (VI) GOAL 3: PROVIDE FOR BASIC COMMERCIAL SERVICES FOR PURPOSES OF SERVING THE RURAL NEEDS OF GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS, AND PRESERVING RURAL CHARACTER. (VI) OBJECTIVE 3.1: The placement and designation of Neighborhood Centers within Golden Gate Estates shall meet locational and rural design criteria, to be established as part of the Phase II Golden Gate Area Master Plan Restudy Amendments, to be transmitted during the 2003 Plan Amendment Cycle. (VI) Policy 3.1.1: Neighborhood Centers within Golden Gate Estates shall be subject to the locational and rural design criteria established within the Estates - Mixed Use District, Neighborhood Center Subdistrict. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 10 8A B. LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the three land use designations shown on the Golden Gate Area Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or in special studies completed for the County. 1. URBAN DESIGNATION: URBAN MIXED USE AND URBAN COMMERCIAL Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated areas accommodate the majority of population growth and that new intensive land uses be located within them. The boundaries of the Urban Designated areas have been established based on several factors including: • patterns of existing development, • patterns of approved but unbuilt development, • natural resources, water management, and hurricane risk, • existing and proposed public facilities, • population projections, and • land needed to accommodate growth. The Urban Designation will also accommodate future non - residential uses including essential services as defined by the most recently adopted Collier County Land Development Code. Other permitted non - residential land uses may include: parks, open space and recreational use; • water - dependent and water - related uses; • child care centers; • (1) community facilities such as churches, cemeteries, schools and school facilities co- located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable, fire and police stations; • community facilities such as churches, cemeteries, schools and school facilities co- located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable, fire and police stations; • utility and communication facilities. • support medical facilities such as physician's offices, medical clinics, treatment, research and rehabilitative centers and pharmacies (as long as the dominant use is medical related) may also be permitted provided they are granted concurrent with or located within '/< mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, Golden Gate Urgent Care. Stipulations to ensure that the construction of such support medical facilities are concurrent with hospitals or such medical centers shall be determined at the time of zoning approval. • Group Housing shall be permitted within the Urban Mixed Use District and Urban Commercial Districts subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91 -102, adopted October 30, 1991 and consistent with locational requirements in Florida Statutes (Chapter 419.01 F.S.). 11 • 1 • Group Housing includes the following type facilities: • Family Care Facility if occupied by not more than six (6) persons shall be permitted in residential areas. • Group Care Facility, • Care Units, • Adult Congregate Living Facilities, and • Nursing Homes. a. Urban -Mixed Use District This district is intended to accommodate a variety of residential and commercial land uses including single - family, multi - family, duplex, and mixed use (Planned Unit Development). 1) Urban Residential Subdistrict All land within the urban mixed use designation is zoned and platted. However, any parcel to be rezoned residential is subject to and must be consistent with the Density Rating System: DENSITY RATING SYSTEM: a) BASE DENSITY - Four (4) residential units per gross acre, which may be adjusted depending upon the characteristics of the project. In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. b) The following densities per gross acre may be added to the base density: i. Conversion of Commercial • 16 dwelling units - if the project includes conversion of commercial zoning which is not located within an Activity Center or which is not consistent with adopted siting criteria for commercial land use, a bonus of up to 16 dwelling units may be added for every one acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. ii. Proximity to Activity Center • 16 dwelling units - Within an Activity Center • 3 dwelling units - Within 1 mile of Activity Center iii. Affordable Housing as defined by the Affordable Housing Density Bonus Ordinance ( #90 -89 adopted November 22, 1990) • 8 dwelling units iv. Residential In -fill - if the project is 10 acres or less in size; located within an area with central public water and sewer service; compatible with surrounding land uses; has no common site development plan with adjoining property; no common ownership with any adjacent parcels; and the parcel in question was not created to take advantage of the in -fill residential density. • 3 dwelling units v. Roadway Access - Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Services Division) or the road is scheduled for completion during the first five years of the Capital Improvement Schedule. 12 F 8 • Add 1 dwelling unit - if direct access to two or more arterial or collector roads as identified in the Traffic Circulation Element. c) There are Density Bands located around Activity Centers. The density band around an Activity Center shall be measured by the radial distance from the center of the intersection around which the Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the entire project. Density bands shall not apply within the Estates Designation. 2) High Density Residential Subdistrict To encourage higher density residential and promote mixed uses in close proximity to Activity Centers, those residential zoned properties permitting up to 12 dwelling units per acre which were located within and consistent with the Activity Center designation at Golden Gate Parkway and Coronado Parkway established by the 1989 Collier County Growth Management Plan and subsequently removed by the creation of a new Activity Center via the adoption of the Golden Gate Area Master Plan are recognized as being consistent with this Master Plan and are outlined on Map 3. b. Urban Commercial Districts 1) Activity Center Subdistrict The Activity Center designated on the Future Land Map is intended to accommodate commercial zoning within the Urban Designated Area. Activity Centers are intended to be mixed -use (commercial, residential, institutional) in character. The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The size and configuration of the Activity Center is outlined on Map 4. The standard for intensity of uses within each Activity Center is that the full array of commercial uses may be allowed. Hotels and motels that locate within an Activity Center will be allowed to develop at a density consistent with the Zoning Ordinance. All new residential zoning shall be consistent with the Density Rating System. Existing commercially zoned and developed areas, which are not within an Activity Center or do not meet other commercial siting criteria, will be allowed to expand only to the extent permitted under the zoning classification for that property. Expansion involving aggregation of additional property occurring after adoption of this Plan shall be subject to the policies of this Plan. 13 MAP 3 HIGH DENSITY RESIDENTIAL SUBDISTRICT 1989 BOUNDARIES OF ACTIVITY CENTER O nF7 =1 _J r I 211M 11l ❑o° PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 68.DWG DATE: 11/96 14 • • ACTIVITY CENTE., �I MAP 4 f ^ J� URBAN MIXED USE ACTIVITY CENTER F \j,J( URBAN GATE PARKWAY AND CORONADO PARKWAY COLLIER COUNTY, FLORIDA loll If. Tai PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP -].DWG GATE: 12/96 URBAN MIXED USE ACIVTY CENTER GOLDEN GATE PARKWAY AND CORONADO PARKWAY LEGEND ® AC SLALf CENTER BOUNDARIES OSOOFT�OEL 15 "' 8A (IV)(VI) (2) Golden Gate Urban Commercial In -fill Subdistrict This Subdistrict is located at the southwest quadrant of C.R. 951 and Golden Gate Parkway. Due to the existing zoning and land use pattern in proximity to the Commercial In -fill Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: (VI) a) Commercial uses shall be limited to: • Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991. b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan); (VI) c) Projects within this Subdistrict shall make provisions for shared parking arrangements with adjoining commercial developments when appropriate. (VI) d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments. (VI) e) Access to projects shall not be permitted from Collier Boulevard. f) Any project located within the in -fill area at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, less and except an easement for Santa Barbara Boulevard right -of -way, shall be subject to the following additional development restrictions 1. The site shall be limited to thirty -five thousand (35,000) square feet of building area. 2. Land uses shall be restricted to offices only. 3. All principal structures shall be required to have a minimum setback of one hundred (100) feet from the project's northern boundary. 4. The northern seventy -five (75) feet of the western sixty (60) percent of the site shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. 5. The western sixty (60) percent of the site shall have an outdoor pedestrian - friendly patio area(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a waterfall or water feature of at least one hundred (100) square feet in area, and brick pavers. 6. A twenty -five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 16 8A 7. A minimum buffer of thirty -five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the project's northern boundary. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary. Where feasible, existing native vegetation shall be retained within these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner; and a seven (7) foot wall, fence, or hedge that will, within two (2) years of planting, grow to a minimum height of seven (7) feet and be a minimum of ninety -five (95) percent opaque. 6. All buildings shall have tile or metal roofs, or decorative parapet walls above the roof line, and buildings shall be finished in light subdued colors except for decorative trim. 9. Building heights shall be limited to one (1) -story and a maximum of thirty -five (35) feet. 10. All lighting facilities shall be architecturally - designed, and limited to a height of twenty -five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. 11. There shall be no ingress or egress on Santa Barbara Boulevard. 3) Commercial Under Criteria Subdistrict Within the Urban -Mixed Use District certain in -fill commercial development may be permitted. This shall only apply in areas already substantially zoned or developed for such uses. The following standards, which limit the intensity of uses, must be met: a) The subject parcel: • Must be bounded on both sides by improved commercial property or commercial zoning consistent with the Golden Gate Area Master Plan; or, • Must be bounded on both sides by commercial property granted an exemption or compatibility exception as provided for in the Zoning Re- evaluation Ordinance; and • Should not exceed 200 feet in width, although the width may be greater at the discretion of the Board of County Commissioners. • Uses that meet the intent of the C -1/T Commercial Prof essional/Transitional District are only required to be bounded on one side by improved commercial property or consistent commercial zoning or commercial property granted an exemption or compatibility exception as provided in the Zoning Re- evaluation Ordinance. (IV) = Plan Amendment CP- 2000 -7 adopted by Ordinance No. 2001 -12 on March 13, 2001 16.1 MAP 5 ! V n C.R. 951 COMMERCIAL INFILL DISTRICT Q „ Collier County, Florida �11N� RI GE HO D FPL G EE B VD. 17 4L SUPPORT SECTION .MENTAL SERVICES DIVISION (VI) 4) Interchange Activity Center Subdistrict On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Interchange Activity Center at 1 -75 and Pine Ridge Road as detailed in the County -Wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County -Wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center. (VI) 5) Pine Ridge Road Mixed Use Subdistrict Adjacent to the Interchange Activity Center on the west side of 1 -75 and on the north side of Pine Ridge Road is a property comprising 16.23 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use Subdistrict and consists of Tracts 1, 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. The intent of the Pine Ridge Road Mixed Use Subdistrict is to provide for a mix of both retail and office uses to provide for shopping, and personal services for the surrounding residential areas within a convenient travel distance, and to provide commercial services in an acceptable manner along a collector roadway, Livingston Road. Well- planned access points will be used to improve current and future traffic flows in the area. Within this Subdistrict no more than 35,000 square feet of office - related uses on t 3.2 acres are permitted within the eastern portion of this property which includes a portion of Tract 28 and a portion of Tract 13. A maximum of 80,000 square feet of gross leaseable retail or office area, as allowed in the Commercial Intermediate District (C -3) of the Collier County Land Development Code as of the effective date of the adoption of this Subdistrict [Ordinance No. 03 -01, adopted January 16, 2003], are permitted within the western 10.52 acres of this property. The C -3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning approval to insure appropriateness in relationship to surrounding properties. Building heights shall be limited to 35 feet. A rezone to such permitted principal uses shall be encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the subject property, with special attention to be provided for shared access. Water management, uniform landscaping, signage, screening and buffering will be provided at the time of rezoning to ensure compatibility with nearby residential areas, and subject to the following additional criteria: • There shall be no access onto Livingston Woods Lane. • There shall be a minimum setback area along the north property line of 75 feet. • Driveway access, parking and water management facilities may be allowed within the 75' setback area along the north property line but none of these uses shall be located closer than 30 feet to the north property line. • No freestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted. • The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. • Within the western 10.52 acres, a loop road /easement will be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this Subdistrict. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 18 8A 19 (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 ■ si■ m ■■■ IIIIII� 19 (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 (VI) 6) Santa Barbara Commercial Subdistrict 8 " ' � The intent of this Subdistrict (Map 7) is to provide Golden Gate City with additional opportunities for small scale commercial development. Such development is intended to serve the surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain low intensity uses which generate /attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site 'design and ease in compliance with parking requirements and other development standards. The types of uses permitted are low intensity retail, offices, personal services, and institutional uses, such as churches and day care centers. This Subdistrict is intended to promote commercial development opportunities. Therefore, in order to reduce the potential conflicts that may result from residential and commercial uses in close proximity, existing residential uses must cease to exist no later than ten (10) years after the effective date of the adoption of this Subdistrict. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this Subdistrict, within one additional year. This requirement to cease existing residential uses does not apply to owner - occupied dwelling units. Within one year of the effective date of the adoption of this Subdistrict, the Land Development Code shall be amended to provide specific uses and development standards to implement this Subdistrict. These shall include: 1. Landscaping and buffering requirements. 2. Architectural design standards. 3. Requirement to cease residential uses. 4. Prohibition of automobile service stations and similar repair facilities. This does not preclude convenience marts with gasoline pumps. 5. Encouragement of shared parking with adjacent projects, wherever possible. 6. A minimum project area requirement of 1 acre. 7. Encouragement of shared access. 8. Encouragement of pedestrian traffic by requiring sidewalks and requiring adjacent projects to coordinate location of sidewalks. (VI) 9. Building height limitation of two stories maximum, not to exceed 35 feet. 10. Signage Restrictions. 11. Variance provision applicable to the above items, except Number "4 ". (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 20 I , n - �- I — I �. i 1 r i h- 1 I C� i t� I . PREPARED 13 : GRAPHICS AND XCNNICAL SUPPCNi SEPiQV CGUMUNIiv DEVELDPMEN? AND EWRONKHTAL SERNCES DIMSPN nl: GCMP- 39.DWG DAIS: 8 /98 21 vl- .... I _ ® 4IMI BAABAYA f0YY8.ClAt SU ➢➢fSTRICf 0 N.x .... I _ ® 4IMI BAABAYA f0YY8.ClAt SU ➢➢fSTRICf 0 jA elem (11)(VI) 7) Golden Gate F'arKway yroresslonal V111Ge L U1111ntlIG1a1 auuuwuwL The provisions of this district (see Map 8) are intended to provide Golden Gate City with a viable Professional Office Commercial District with associated small -scale retail as identified under item A, below. The Professional Office Commercial District has two purposes: to serve as a bona -fide entry way into Golden Gate City; and to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail uses, and community facility uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential uses. (VI) A. For projects contained wholly within the original Professional Office District with a minimum depth of 150 feet as measured from the property line adjacent and parallel with Golden Gate Parkway, the following small -scale retail uses are permitted: 1. Apparel and accessory stores. 2. Auto and home supply stores (Auto accessory dealers - retail, automobile parts dealers - retail and speed shops - retail only). 3. Eating places (except carry-out establishments, drive - through only establishments, commissary restaurants, concession stands, contract feeding, food service - institutional, hamburger stands, hot -dog stands, Ice cream stands, Industrial feeding, refreshment stands, snack shops, soft drink stands and tea rooms). 4. Food stores (except Convenience Food stores - retail, grocery stores and supermarkets). 5. General merchandise stores. 6. Home furniture, furnishing, and equipment stores. 7. Libraries. B. Miscellaneous repair services (no electronic repair, except computer repair only in conjunction with sales). 9. Miscellaneous retail. 10. Paint, glass, and wallpaper stores. 11. Personal services (except coin operated laundries, beauty shops and barbershops). 12. United States Postal Service. (VI) B. Properties that qualify under item A, above, will be subject to the following: All uses listed shall be in accordance with the Standard Industrial Classification Codes within the C -2 zoning district as identified in the Collier County Land Development Code with the exceptions noted above. Item A.2, above, shall be consistent with the LDC uses listed in the C -3 zoning district with the exceptions noted above. Ordering devices and/or order windows at fast food restaurants shall not be visible from Golden Gate Parkway. Vehicular access through adjacent properties to 53rd Street SW may by allowed at time of rezone upon completion of appropriate cross access easements. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 22 24 MAP ar:. GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL DISTRICT 8A comer co001Y, EmrmG Tm�FONAOG PARKWAY •25r AVENUE svr 1. -- oril" 1 PARKWAY �0 \ PLAZA �xz A P, N aie(W 1,1 IRRG sIET0ry n cr DARNErr A 41e A e i e m sf C�i G "B ,f x 9° P jH e`P`f 1 9ry e ry 0 > e z ra S GOLDEN GA a rz MIDDLE SCHOP. ,re M1tHP �� ex x♦e Ax N � I II M1 6S 9 x'�Of x. s�. a ry` v. S cr_ � e \ v xe NJf�Jf Ep �z� M1Wa u�� e ' l T I z x�� EAN SOBAREAPA A � • flv �g I p GOLDEN GATE PARKWAY MR rL exx9 C fiI x n n m xx z� zo 19 rr lie a '21 ex v v nx9lH PLACE SI W,r r\ x ulv �29rR PUGF SW. �WOf j0� 5�� >� PARKLIKE LAKE Iy x ¢m �e rx xe �o� �e SI. JOHN AN 9GHOOL E n N� 1 12 2. CI I � r 9c nvNVE S 3111 AVENUE 2Ix F9RI.- w 31Sr PLnCEe5 W5 �111 fi a xol i. 2. N 12ND nrLI., Fw ' ,TI l 1. nxA nvcnuE sw- 9 -�i GOLDEN cA ..nrvnl COLOEN GALE PMNWAY RE90ENDAL DIFMCr LEGEND PREPARED BY GRAPHICS AND TECHNICAL SUPPORT SECTION PROFESSIONAL OFFICE DISTRICT In COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 23B.DWG DATE: 12/96 0 zoon NooK* 24 2. ESTATES DESIGNATION This designation is characterized by low density semi -rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non - conforming lots as small as 1.14 acres. Intensifying residential density shall not be permitted. , The Estates Designation also accommodates future non- residential uses including: Conditional uses and essential services as defined in the Land Development Code, • Parks, open space and recreational uses, Group Housing shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91 -102, adopted October 30, 1991 and consistent with locational requirements in Florida Statutes (Chapter 419.01 F.S.). (1) Schools and school facilities in the Estates Designation north of 1 -75, and where feasible and mutually acceptable, co- locate schools with other public facilities, such as parks, libraries and community centers to the extent possible. Group Housing includes the following type facilities: • Family Care Facility if occupied by not more than six (6) persons shall be permitted in residential areas. • Group Care Facility, • Care Units, • Adult Congregate Living Facilities, and • Nursing Homes. All of the above uses shall be consistent with all of the Goals, Objectives and Policies of the Golden Gate Area Master Plan. a. Estates -Mixed Use District 1) Residential Estates Subdistrict - Single- family residential development may be allowed within the Estates Mixed Use Subdistrict at a maximum density of one unit per 21/4 gross acres unless the lot is considered a legal non - conforming lot of record. (VI) 2) Neighborhood Centers Subdistrict - Recognizing the need to provide basic goods, services and amenities to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. (VI) a) The Collier County Land Development Code shall be amended to provide rural design criteria to regulate all new commercial development within Neighborhood Centers. (III)(V)(VI) b) Locations Neighborhood Centers are located along major roadways and are distributed within Golden Gate Estates according to commercial demand estimates. (See Map 9). The centers are designed to concentrate all new commercial zoning, and conditional uses, as allowed in the Estates Zoning District, in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial anc conditional use development. Four Neighborhood Centers are established as follows: (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 25 8A • Wilson Boulevard and Golden Gate Boulevard Center. This center consists of all four quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wilson Boulevard to minimize connections to these two major roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates 2.15 acres to project buffering and right -of- way for Golden Gate Boulevard and Wilson Boulevard. The NW quadrant of the Center is approximately 4.98 acres in size and consists of Tract 144, Unit 11 of Golden Gate Estates. The SW quadrant of the Center is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate Estates. • Collier Boulevard and Pine Ridge Road Center. The center at Collier Boulevard and Pine Ridge Road is located on both sides of the intersection. Tracts 109 -114, Unit 26, Golden Gate Estates are included in this center as eligible for commercial development. (See Map 11). The E1/2 of Tract 107, Unit 26 is also included within this center but is only to be used for buffer, water management and open space. • Everglades Boulevard and Golden Gate Boulevard Center. This Center consists of all four quadrants at the intersection of Everglades and Golden Gate Boulevards (See Map 12). The NE quadrant of the Center is approximately 5.46 acres in size and consists of Tract 1, Unit 77 of Golden Gate Estates. The SE quadrant of the Center is approximately 5.46 acres in size and consists of Tract 97, Unit 81 of Golden Gate Estates. The NW quadrant of the Center is approximately 5.46 acres in size and consists of Tract 128, Unit 76 of Golden Gate Estates. The SW quadrant of the Center is approximately 5.46 acres in size and consists of Tract 96, Unit 81 of Golden Gate Estates. • Immokalee Road and Everglades Boulevard Center. The Immokalee Road and Everglades Boulevard Center is located in the SW and SE quadrants of the intersection (see Map 13) and the parcels lie east and south of the Fire Station. The portion of the Center lying south of the Fire Station is approximately 5.15 acres in size and consists of Tract 128, Unit 47. The southeast quadrant of the Center, lying east of the Fire Station is approximately 4.05 acres in size and consists of Tracts 113 and 16, Unit 46. (I)(V)(VI) c) Criteria for land uses at the centers are as follows: • Commerical uses shall be limited to intermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102, adopted October 30, 1991), except as prohibited below. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 26 8A The Neighborhood Center located at the intersection of Pine Ridge Road and CR -951 may be developed at 100% commercial and must provide internal circulation. Any rezoning is encouraged to be in the form of a PUD. This Neighborhood Center may also be utilized for single family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities. Parcels immediately adjacent to commercial zoning within the Neighborhood Centers located at the intersections of Golden Gate Boulevard and Wilson Boulevard, Golden Gate Boulevard and Everglades Boulevard, Everglades Boulevard and Immokalee Road may qualify for Conditional Use under the transitional conditional use provision of the Conditional Use Subdistrict of this Master Plan Element. A single project shall utilize no more than 50% of the total allowed commercial acreage. This percentage may be increased at the discretion of the Board of County Commissioners. The project shall make provisions for shared parking arrangements with adjoining developments. Access points shall be limited to one per 180 feet commencing from the right -of -way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed; • Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible. • Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment, except when the roadway median between the two parcels has no opening. • Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that for valid, approved conditional uses, no such buffer is required. Projects shall provide a 25 -foot wide landscape buffer abutting the external right -of -way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet height within one year. A minimum of 50 % of the 25 -foot wide buffer row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet height within one year. A minimum of 50% of the 25 -foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees must be retained within this 25 foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention /detention areas shall be allowed in this buffer area if left in natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11`h Avenue S.W. Also, vehicular interconnection shall be provided to the adjacent property(s) in the Pine Ridge Road /Collier Boulevard Neighborhood Center. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 27 8A ', Projects within the Neighborhood Center Designation that are submitted as PUDs shall provide a functional public open -space component. Such public open -space shall be developed as green space within a pedestrian - accessible courtyard, as per Section 2.4.5.4 of the Collier County Land Development Code, as in effect at the time of P.U.D. approval. The following principal permitted uses are prohibited within Neighborhood Ce'nters Drinking Places (5813) and Liquor Stores (5921) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) Crematories (7261) (Does not include non - crematory Funeral Parlors) Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Waterslides, etc. (7999) General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) Libraries (8231) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters and Soup Kitchens. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 27.1 8A MAP 9 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Cdlla County, Florid. SEPTEMBER 10, 2003 Qd. Na Z MD 'o BY. CRMNCS /,110 IEOMCAI Tft SEM 9ECiNN �� MTV.ETSL.PY]iT A110pW1.NYFNT,LL Sf11W.Y5tlN9tl1 D 1 i lY 28 (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 GMLp GR 61AIO XJOl.l1D9 m.N LEGEND IOm - 8A (VI) 3) Randall Boulevard Commercial Subdistrict - Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. See Map 14. a) The Criteria for the subdistrict are as follows: All commercial development is encouraged to be in the form of a PUD. Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. Shared parking shall be required with adjoining developments whenever possible. b) Limitation of Uses - Uses shall be limited to the following: • Automobile Service Station; • Barber & Beauty Shops; • Convenience Stores; Drug Stores; • Food Markets; • Hardware Stores; Laundries - Self Service Only; Post Offices and Professional Offices; Repair Shops - Radio, TV, Small Appliances and Shoes; Restaurants, including fast food restaurants but not drive -in restaurants • Shopping Center; Veterinary Clinics with no outside kenneling. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 29 • MAP 10 WILSON BOULEVARD /GOLDEN GATE BOULEVARD CENTER Collier County, Florida 1MMOXALEE ADOPTED — SEPTEMBER 10. 2003 Ord. No. 2003 -44 0 1 /2� —Ml. 1 MI, PREPARED BY CRAB M AND TECHNICAL WPPMT $ CtM CDMOUNI Y DEVELOPMENT AND ENNRONN NTAL YRNCES UN ON PDE CHIP —ASDMO OAR B /2000 LEGEND GIXDEN DAZE SErnFMENT ESTATES AEA uncNBaRNOOo CEH ER (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 Kn • (VI) 4) Commercial Western Estates Infill Subdistrict The purpose of the Subdistrict is to allow for limited commercial and /or medical office uses,, in recognition of the subject property's unsuitability for single - family residential development. Limited commercial and /or medical uses at this location will also assist in reducing the distance and the number of vehicular trips generated within the general area through trip capture. The standards contained in this Subdistrict are designed to ensure that uses within the Subdistrict will be compatible with nearby residential development. A loop road shall be required through the property to connect. Vanderbilt Beach Road with Collier Boulevard will also sere to lessen vehicular trips through the intersection. a) Size and Location: The Subdistrict includes a 6.23 -acre parcel, located at the southwest corner of Vanderbilt Beach Road and Collier Boulevard (see Map 15). The parcel is identified as Tract 105, Unit 2, Golden Gate Estates. b) Permitted Uses and Development Intensity: Within the subject property, 3.93 acres of office /medical use is permitted with a maximum of forty -one thousand four hundred and ninety (41,490) square feet of gross leaseable area permitted or approximately 6,660 square feet per gross acre. The balance of the area, comprising +2.3 acres, shall remain in open space. Uses allowed within this subdistrict shall be those office uses, medical uses, and financial institutions permitted whether by right or by conditional use, within the C -1 zoning district, as contained in the Collier County Land Development Code, Ordinance 91 -102, as of the effective date of the adoption of this Subdistrict [Ordinance No. 03 -01, adopted January 16, 2003]. c) Development Standards: 1. All permitted uses within this Subdistrict shall be encouraged to be submitted in the form of a Planned Unit Development (P.U.D.) for the subject property with special attention to be provided for shared access, water management, uniform landscaping, signage, screening and buffering to ensure compatibility with nearby residential areas. 2. Building height shall be limited to two stories, with a maximum height of thirty- (30) feet, except that portions of the property within one hundred (100) feet of the buffer described in item #3, below, shall be limited to one story with a maximum height of twenty -five (25) feet. 3. There shall be a setback of seventy -five (75) feet in width abutting Estates -zoned property. Where feasible, existing native vegetation shall be retained within this setback area. Water retention /detention areas shall be allowed in this setback area provided that the area is left in a natural state, and drainage conveyance through the setback area shall be allowed, as necessary, in order for stormwater to reach an external outfall. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 31 • 4. The buffer area along Collier Boulevard /CR -951 and Vanderbilt Beach Road shall be 25 feet in width and shall conform to the vegetative requirements of a Type "B" buffer as provided for in the Collier County Land Development Code, in effect as of the date of adoption of this amendment [Ordinance No. 03 -01, adopted January 16, 2003]. 5. A loop road shall be constructed, internal to the subject property. This road shall be open to the public, in order to connect Vanderbilt Beach Road and Collier Boulevard, so as to provide an alternative to use of the intersection. The maximum gross leaseable floor area of each individual office /medical /financial building footprint shall be 6,000 square feet. However, buildings may be connected by architectural treatments, and shall be designed to appear similar to residential structures through the treatment of roof lines and other architectural embellishments. 7. No development of property within the Subdistrict shall commence until the abutting segment of Collier Boulevard is four- laned. (VI) 5) Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates zoning district within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses, as identified within Section 2.6.9.2 of the Collier County Land Development Code, may be allowed anywhere within the Estates Zoning District, and are defined as: • electric or gas generating plants, • effluent tanks, • major re -pump stations, • sewage treatment plants, including percolation ponds, • hospitals and hospices, • water aeration or treatment plants, • governmental facilities (except for those Permitted Uses identified in Section 2.6.9 of the Land Development Code), • public water supply acquisition, withdrawal, or extraction facilities, and • public safety service facilities, and other similar facilities. b) Golden Gate Parkway and Collier Boulevard Special Provisions: Conditional uses shall only be permitted on Golden Gate Parkway, east of Livingston Road and west of Santa Barbara Boulevard, and on the west side of Collier Boulevard, north of Green Boulevard and south of Vanderbilt Beach Road Extension, if the subject parcel is directly bounded by existing conditional uses on two (2) or more side yards, with no intervening rights -of -way or waterways, except for the following: (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 31.1 • 1. Essential services, as provided in Paragraph a), above; and In consideration of the improvements associated with the proposed interchange at Interstate 75 and Golden Gate Parkway, the existing conditional use (church and related facilities) located at the southeast corner of Golden Gate Parkway and 66'" Street S.W. may be expanded in acreage and intensity along the south side of Golden Gate Parkway between 66'" Street S.W. and 64`h Street S.W., but the total project area shall not exceed 21 acres. Additionally, the parcel proposed for expansion shall not be subject to the requirement that it be directly bounded on at least two side yards by conditional uses. 3. The parcel located immediately south of the Commercial Western Estates Infill Subdistrict, on the west side of Collier Boulevard, and at the southwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, shall be eligible for a transitional conditional use designation. C) Neighborhood Center Transitional Conditional Use Provisions: Conditional uses shall be allowed immediately adjacent to designated Neighborhood Centers subject to the following criteria: 1. Properties eligible for conditional uses shall abut the arterial or collector road serving the Neighborhood Center, 2. Such uses shall be limited to transitional conditional uses that are compatible with both residential and commercial such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities, 3. All conditional uses shall make provisions for shared parking arrangements with adjoining developments whenever possible, 4. Conditional uses abutting Estates zoned property shall provide, at a minimum, a 75 -foot buffer of native vegetation in which no parking or water management uses are permitted, 5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall, whenever possible, share parking areas, access and curb cuts with the adjoining commercial use, in order to facilitate traffic movement. d) Transitional Conditional Uses: Conditional uses may be granted in Transitional Areas. A Transitional Area is defined as an area located between existing non - residential and residential areas. The purpose of this provision is to allow conditional uses in areas that are adjacent to existing non - residential uses and are therefore generally not appropriate for residential use. The conditional use will act as a buffer between non - residential and residential areas. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 31.2 e) • The following criteria shall apply for Transitional Conditional Use requests: • Site shall be directly adjacent to a non - residential use (zoned or developed); • Site shall be 2.25 acres, or more, in size or be at least 150 feet in width and shall not exceed 5 acres; • Conditional uses shall be located on the allowable acreage adjacent to the non - residential use; • Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; and • Site shall not be adjacent to parks or open space and recreational uses; • Site shall not be adjacent to permitted Essential Service, as identified in Section 2.6.9 of the Land Development Code, except for libraries and museums; and Project shall provide adequate buffering from adjacent properties allowing residential uses. Special Exceptions to Conditional Use Locational Criteria: Temporary Use (TU) Permits for model homes are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates -Mixed Use District. Conditional Use permits for excavation, as provided for in the Estates zoning district, are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates -Mixed Use District. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 31.3 LI • (1)(VI) 6) Southern Golden Gate Estates Natural Resource Protection Overlay Southern Golden Gate Estates is identified as a Natural Resource Protection Area (NRPA) Overlay on the Golden Gate Area Future Land Use Map, subject to the following provisions: 1. Within these areas, only agriculture and directly - related uses and one single family dwelling unit per parcel or lot created 'prior to June 22, 1999, shall be allowed. 2. These interim development standards shall not be interpreted to affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment. 3. These areas shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. (VI) 7) Golden Gate Estates Commercial Infill Subdistrict This subdistrict consists of two infill areas. The two areas are located at the northwest corner of Collier Boulevard and Green Boulevard and at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Due to the existing zoning and land use pattern in proximity to the Estates Commercial In -fill Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: • Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991. b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan). C) Projects within this Subdistrict shall make provisions for shared parking arrangements with adjoining commercial developments when appropriate. d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 32 8A e) Access to projects shall not be permitted from Collier Boulevard. f) Any project located within this subdistrict at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, less and except an easement for Santa Barbara Boulevard right -of -way, shall be subject to the following additional development restrictions: 1. The site shall be limited to thirty-five thousand (35,000) square feet of building area. 2. Land uses shall be restricted to offices only. 3. All principal structures shall be required to have a minimum setback of one hundred (100) feet from the project's northern boundary. 4. The northern seventy -five (75) feet of the western sixty (60) percent of the site shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. 5. The western sixty (60) percent of the site shall have an outdoor pedestrian - friendly patio(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a waterfall or water feature of at least one hundred (100) square feet in area, and brick pavers. 6. A twenty -five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. 7. A minimum buffer of thirty -five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the project's northern boundary. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary. Where feasible, existing native vegetation shall be retained within these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner; and a seven (7) foot wall, fence, or hedge that will, within two (2) years of planting, grow to a minimum height of seven (7) feet and be a minimum of ninety-five (95) percent opaque. 8. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 9. Building heights shall be limited to one (1) -story and a maximum of thirty -five (35) feet. 10. All lighting facilities shall be architecturally designed, and limited to a height of twenty -five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. 11. There shall be no ingress or egress on Santa Barbara Boulevard. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 32.1 MAP 11 COLLIER BOULEVARD /PINE RIDGE ROAD CENTER Collier County, Florida PINE BEACH ROAD E=. Y w ADOPTED - SEPTEMBER 10. 2003 Ord. No. 2003 -M 0 1/2 MI. 1 MI. vwARED Bv: wMALS AND TECHI'ot sloranT YcnoN C011YIM11Y OEYFLWYENT AHD E4NRCMMEMT. SFT S pN rhC LYLP -N.DMV DAM' p/M 8A LEGEND 11 coamN SATE NDDNBONIpOo ESTATES COOTIE 33 (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 • 1 i (IV)(VI)3. AGRICULTURAURURAL DESIGNATION -SETTLEMENT AREA DISTRICT Settlement Area District This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty - one hundred (2,100) dwelling units and twenty -two (22) acres of neighborhood commercial uses and hotel /motel use are `bested." This area is now known as the Orange Tree PUD and the types of uses permitted include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognizes the property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above - referenced vested status. The geographic expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), shall be prohibited. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County. (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 34 8A Apo I A Is I �ZFAA 0/04 IVA me ve FEE, - 35 - (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 MAP 13 IMMOKALEE ROAD /EVERGLADES BOULEVARD CENTER Collier County, Florida IMMOKALEE ADOPTED - SEPTEMBER 10. 2003 Ord. No. 2003 -K C� 0 1/2 MI. 1 MI. MMARED 01 M4 M AND ME MCAL NPP T MCMM C .UMTY XM O MMT AND ENWC TAL "MCES MM nu G -"M DATL S /MM IMMOKALEE ROAD 11 LEGEND 11 GaDEN GATE —04T ESTATES AREA M 36 (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 0 8A APE Vol 37 (VI) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 MAP 15 GOLDEN GATE PARKWAY INTERCHANGE CONDITIONAL USES AREA Collier County, Florida OVEN ®r M T I IRAN LEGEND cOlDD1 GATE ADOPTED - SEPTEMBER I0. 2003 ESTAIl9 OrQ No. 2007 -44 0 1/2 Ml. i MI. rrcnuRn eN ax4rwes AYO rewrveAL swroRT SECCT101 IY DEHLOPMEMT 62003 TAI $ERNCES pN510M TE; ryL Gri1P -A0.0NU DATE; 9/2003 rWoY 38 (VI) =Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 8A MAP 16 COMMERCIAL WESTERN ESTATES INFILL SUBDISTRICT Collier County. Florida I LEGEND fiE6 10, Y003 ADOPTED - 6EPTEM2003 MDEN CATS ESTATES Ord. No. -R" 0 1/2 MI. 1 MI. PREPARED BV: fAAPND3 AID TEENNIM DX' ff ¢C110N C WKW dE0EE0 WT A ENNIROKRENTAE DA s OINAON PIE: IXAIF- Qvu Wm 9/3000 39 (VI) =Plan Amendment by Ordinance No. 2003 -44 on September 70, 2003 40 MAP 17 Q n SOUTHERN GOLDEN GATE ESTATES Q N NATURAL RESOURCE PROTECTION AREA OVERLAY F NAPLES IMMOKALEE ROAD 0 V C a > OIL WELL ROAD W .J c F O�O W NAPLES IMMOKALEE ROAD RANDALL BOULEVARD F U W z .. GOLDEN GATE BOULEVARD PINE RIDGE RD WHITE BLVD. 0 6 d s U 0 a OI ! O O 0 C m > J F N 2 C p tll 1 U �y G.O. PKWY. a 0 O O O C j W P 6 INTEASTA TE.y5 S.R._84 DAVIS BLVD. EXT. S.R.a 0 z a N� ti JTRtir a O K W W K 6 W J V) O � H F OW AMENDCD - SEPTEMBER 10 2003 0 IA 2 ui. Ord. No. 2003 -44 q J PREPARED BY GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- UCA -99 -4A PAO DATE: 9/2003 R 26E R27E R28E 40 8A COLLIER COUNTY GROWTH MANAGEMENT PLAN IMMOKALEE AREA MASTER PLAN Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN IMMOKALEE AREA MASTER PLAN Symbol Date Amended Ordinance No. •• October 26, 1997 Ordinance No.97 -65 (I) October 24, 2000 Ordinance No. 2000 -66 (II) May 14, 2002 Ordinance No. 2002 -25 (III) October 22, 2002 Ordinance No. 2002 -54 (IV) September 10, 2003 Ordinance No. 2003 -44 ** This is the EAR -based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. Indicates adopted portions Note: the support document will be updated as current information becomes available. (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 8A TABLE OF CONTENTS Page *III. IMPLEMENTATION STRATEGY *A. Goals, Objectives and Policies 1 *B. Land Use Designations and Future Land Use Map 4 SUPPORT DOCUMENT - STUDY AREA INVENTORY /ASSESSMENT A. Introduction 1 B. History of Immokalee 1 C. Demographics 4 D. Land Use - Existing and Future 7 E. Natural Resources 21 F. Public Facilities 33 LIST OF TABLES IN SUPPORT DOCUMENT 1 Estimate of Permanent Population 4 2 Age Distribution (1980 and 1990 Census) 5 3 Racial Comparison (1980and 1990 Census) 6 4 Estimated Population: Permanent, Seasonal & Peak Season 7 Totals - Immokalee 1990, 1995 & 2000 5 Existing Land Use (1995) 10 6 Commercial Land Comparison 12 7 Future Land Use Designation Acreages 15 8 Residential Housing Potential 18 9 Park Acreage Demand 19 10 Suitability of Soil Associations for Septic Tank 26 Installations 11 Projected Sanitary Sewer Demand 36 12 Traffic Counts (1997 -2002) 46 13 Road Improvements (FY97 -02) 46 15 Immokalee Student Enrollment (1989 & 1996) 51 TABLE OF CONTENTS (continued) LIST OF FIGURES IN SUPPORT DOCUMENT Page 1 Immokalee Planning Community Map 3 2 Immokalee Existing Land Use Map 11 3 Immokalee Traffic Analysis Zone (TAZ) Map 16 4 Approximate Locations of Major Freshwater Wetlands 22 5 Groundwater Availability in Collier County 21 6 General Soil Associations of Collier County Development 25 Potential 7 Commercial Mineral Extraction Sites in Collier County 28 8 Native Habitats in Collier County 29 9 Approximate Location of Major Remnant Xeric Oak and /or 30 Sand Pine Communities in Collier County 10 Approximate Locations of Major Hammocks 31 11 Wellfield Protection Zones - Immokalee Water & Sewer 34 District 12 Immokalee Water and Sewer District 37 13 Immokalee Water & Sewer District Potable Water Facilities 38 14 Immokalee Water & Sewer District Sanitary Sewer Facilities 39 15 Major Drainage Basins - Collier County 41 16 Immokalee Landfill 43 17 Existing Roadway Network, Immokalee 45 18 Immokalee Bicycle /Pedestrian Facilities 52 APPENDIX I : APPENDIX I -A APPENDIX II : APPENDIX III : APPENDIX IV: APPENDIX V : Detailed Population Study for Immokalee Estimating Population in Immokalee Public Participation Meetings Building Immokalee Together Project Immokalee Main Street Immokalee /Florida Enterprise Zone Program 8A The IMMOKALEE HOUSING STUDY and the SOUTH IMMOKALEE REDEVELOPMENT AREA STUDY are available as separate documents. Contact the Collier County Comprehensive Planning Section for further information. 8A III. IMPLEMENTATION STRATEGY This section is where the plan is placed into effect. Implementation strategies include Goals, Objectives, and Policies, and the Land Use Designation Section. A. GOALS OBJECTIVES AND POLICIES POPULATION GOAL I: TO MAINTAIN A HIGH QUALITY OF POPULATION ESTIMATES THAT EMPLOY AN APPROPRIATE MIX OF CENSUS METHODOLOGIES CONSISTENT WITH FLORIDA STATE PLANNING REQUIREMENTS AND THE UNIQUE NEEDS OF THE IMMOKALEE COMMUNITY. OBJECTIVE 1.1: Provide accurate annual estimates of the housing units and the population residing in the Immokalee community. Policy 1.1.1: Employ timely Immokalee population estimates in establishing and maintaining adequate housing and Level Of Service (LOS) Standards to ensure the community is adequately served by the Immokalee urban area's sanitary sewer, solid waste collection, sub - surface drainage, and potable water systems; roads; and recreational facilities. Policy 1.1.2: Provide for an uncomplicated and efficient process of gathering and monitoring the population - related information generated by the independent Immokalee Water and Sewer and Fire districts; the Collier County Public Schools; State of Florida entities including, but not limited to, the departments of Agriculture, Community Affairs, Health and Rehabilitative Services, and Labor and Employment Security; and Federal entities including but not limited to the Public Health Service and the U.S. Postal Service. T T90 1 LAND USE GOAL II: ENHANCE IMMOKALEE'S QUALITY OF LIFE, NATURAL BEAUTY, ENVIRONMENTAL QUALITY AND SMALL -TOWN CHARACTER, ITS STABLE NEIGHBORHOODS, AND ITS STATUS AS THE URBAN HUB FOR THE SURROUNDING AGRICULTURAL REGION. OBJECTIVE 11.1: Unless otherwise permitted in this Master Plan for Immokalee, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Subdistricts shall be binding on all Development Orders effective with the adoption of the Master Plan for Immokalee. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; maintain and develop cohesive neighborhood units; promote a sound economy; and discourage undesirable growth and development patterns. (This objective shall supersede Objective 1 in the County- wide Future Land Use Element of the Growth Management Plan.) Policy 11.1.1: The Immokalee Master Plan Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A Residential Designation 1. Low Residential District 2. Mixed Residential District 3. High Residential District 4. PUD Commercial District B Commercial Designation 1. Commercial District - S.R. 29 and Jefferson Ave. 2. Neighborhood Center District 3. Commerce Center - Mixed Use District (IV) 4. Recreational Tourist District C Industrial Designation 1. Industrial District 2. Commerce Center - Industrial District 3. Business Park District (1) D Overlays and Special Features 1. Urban Infill and Redevelopment Area Standards and permitted uses for each Immokalee Master Plan Future Land Use District and Subdistrict are identified in the Designation and Description Section. (This Policy shall supersede Policies 1.1 and 1.3 in the County -wide Future Land Use Element of the Growth Management Plan. In addition, the Immokalee Master Plan Future Land Use Map shall be used instead of the County -wide Future Land Use Map.) 2 (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 8A Policy 11.1.2: Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance. Policy 11.1.3: Land use transition between lower and higher intensity uses shall be achieved through the use of natural vegetative open space buffers, physical barriers such as berms, hedges or other landscape cover, setbacks and height limitations as described in the zoning and landscape sections of the Land Development Code. Policy 11.1.4 Land uses that meet the residential needs of the Immokalee community (e.g. day care, health care needs, schools, grocery shopping, recreation) shall be designated within a reasonable walking distance of those portions of the community which are or will likely become heavily pedestrian in nature. Policy 11.1. 5: Existing agricultural activities may continue within the Urban Designated Area. New agricultural uses are permitted as long as they do not become either a nuisance or create noxious conditions. Policy 11.1.6: By 1998, the Comprehensive Planning Section will review existing land uses and zoning patterns within the South Immokalee Redevelopment District and prepare a zoning overlay that will address incompatibility of land uses and inappropriate land development standards that will act as an incentive to encourage new construction and rehabilitation in the area. 3 W4 LAND USE DESIGNATION DESCRIPTION SECTION The following section describes land use designations shown on the Immokalee Master Plan Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Residential Designation This designation is intended to accommodate a variety of residential land uses including single - family, duplexes, multi - family, and mobile homes, which does not preclude seasonal, temporary and migrant farmworker housing. 1. Low Residential District The purpose of this designation is to provide for a low density residential district. Residential dwellings shall be limited to single - family structures and duplexes. Multi- family dwellings shall be permitted provided they are within a Planned Unit Development. Mobile home development shall be permitted in the form of mobile home sub - divisions or parks and as a mobile home overlay as defined by the Land Development Code. A density less than or equal to four (4) dwelling units per gross acre is permitted. 2. Mixed Residential District The purpose of this designation is to provide for a mixture of housing types within medium density residential areas. Residential dwellings shall include single - family structure, multi - family dwellings, individual mobile homes, and duplexes on a lot by lot basis. A density less than or equal to six (6) dwellings units per gross acre is permitted. 3. High Residential District The purpose of this designation is to provide for a district of high density residential development. Residential dwellings shall be limited to multi - family structures and less intensive units such as single family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. A density less than or equal to eight (8) dwelling units per gross acre is permitted. Nonresidential Uses Non - residential uses permitted within the Residential designation are limited to those uses that are compatible and /or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day -care centers and essential services as defined in the Land Development Code. Special Provisions 1. Density Bonuses a. Proximity to Neighborhood Center and Commerce If 50% or more of a project is within a Neighborhood Center or the Commerce Center -Mixed Use District, then the maximum density allowed within the Neighborhood Center or Commerce Center -Mixed Use District of twelve (12) units per acre can be 8A averaged in with the density of the portion of the project outside of the Neighborhood Center for the entire project; however, appropriate buffering to adjacent lower intensity uses must be achieved. b. Affordable Housing Provision of Affordable Housing as defined in the Housing Element would add eight (8) dwelling units per gross acre above the maximum density of the district; however, no density may exceed sixteen (16) units per acre. This bonus may be applied to an entire project or portions of a project provided that the project is located within Neighborhood Center (NC), Commerce Center Mixed Use (CC -MU), and all residential districts. c. Residential In -fill To encourage residential in -fill, three (3) residential dwelling units per gross acre may be added if the following criteria are met: the project is ten (10) acres or less in size; at the time of development, the project will be served by central public water and sewer; at least one abutting property is developed; the project is compatible with surrounding land uses; the property in question has no common site development plan with adjacent property; there is no common ownership with any adjacent parcels; and the parcel in question was not created to take advantage of the in -fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. d. Roadway Access If the project has direct access to two (2) or more arterial or collector roads or if there is project commitment for provision of interconnection of roads with existing or future adjacent projects, one (1) residential dwelling unit per gross acre may be added above the maximum density of the district. 8A (III) 2. Density and Intensity Blending This provision is intended to encourage unified plans of development and to preserve the high quality wetlands, wildlife habitat, and other natural features that exist within areas of the Immokalee Urban Area, which are proximate to Lake Trafford and Camp Keais Strand. In the case of properties which are contiguous to Lake Trafford or Camp Keais Strand, which straddle the Immokalee Urban Area and the Rural Lands Stewardship Area Overlay (RLSA) as depicted on the countywide Future Land Use Map, and which were in existence and under unified control as of October 22, 2002, the allowable gross density and /or intensity may be shifted from the Urban designated lands to lands within the RLSA which are contiguous and under unified control, and which are designated as a Stewardship Receiving Area (SRA) in the RLSA. The density and /or intensity may be shifted on an acre per acre basis. This Density and Intensity Blending provision is further subject to the following conditions and limitations: a. The project in aggregate must be a minimum of 200 acres in size and the Urban portion must be designated Recreational /Tourist District (RT) in the Immokalee Area Master Plan; b. It must be demonstrated the lands designated Urban have a high natural resource value as indicated by the presence of Group 1 or Group 2 FLUCCS Codes and a score of greater than 1.2 (both as identified on the Stewardship Credit Worksheet in the RLSA; C. Density and Intensity may only be shifted from lands within the Immokalee Urban Area containing this high natural resource value (as measured above) to the lands within a contiguous SRA, on an acre per acre basis, providing such lands were under unified control as of October 22, 2002; and d. Lands within the Urban area, from which the density and /or intensity has been shifted, shall be placed in a conservation easement in perpetuity. Commercial Designation The designation is intended to accommodate a variety of commercial land uses including neighborhood oriented commercial uses, commerce center uses, general highway commercial and commercial development within Planned Unit Developments. Migrant Labor Camps are also permitted within the Commercial designations. 1. Commercial District The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial that serve the needs of the traveling public generally C -1 through C -4 Commercial Zoning Districts as identified in the Land Development Code. These commercial uses must be located on a major arterial or collector roadway. A. The development criteria as established in Section 2.27 of the Land Development Code must be met for future development within the Commercial District along SR -29 as identified on Zoning Maps: 6932N; 6932 S; 6933N; 6933 S; 7904 N; and 7905 N. B. The development criteria as established in Section 2.2.28 of the Land Development Code must be met for future development within the Commercial District along Jefferson Avenue as identified on Zoning Map 6933 S. (III) = Plan Amendment by Ordinance No. 2002 -54 on October 22, 2002 5.1 � 1 • 2 Neighborhood Center District The purpose of this land use classification is to provide for centers of activity that serve the needs of the surrounding neighborhoods. The centers should contain a mix of neighborhood oriented uses such as day care center, parks, schools, and governmental activities. Other development criteria that shall apply to all neighborhood centers includes the following: a. To achieve a neighborhood character, these centers are encouraged to be anchored by elementary schools, neighborhood scale parks, and /or churches. b. A center should be limited to 80 -120 acres in size, and will serve a population ranging between 5,000 to 7,500 people, or accommodate a service area of one (1) mile radius. C. The Neighborhood Centers should be no closer than one (1) mile. d. Non - residential uses shall be at least 20% of the size of the Neighborhood Center. e. Residential development within the designated Neighborhoods Centers shall permit a maximum density of twelve (12) units per gross acre. Residential dwelling units shall be limited to multi - family structures and less intensive units such as single - family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. f. Commercial development shall be permitted within a Neighborhood Center provided all of the following criteria are met; Commercial uses shall be limited to barber and beauty shops; drug stores; deli; meat market; bicycle services; restaurant; dry cleaning; veterinary clinics; medical offices; laundry facilities; any other convenience commercial uses which is compatible in nature with the foregoing uses. The Collier County School Board will be notified of any proposed use to avoid conflict with the nearby schools; and No commercial use shall be permitted within a Y4 mile of an existing school property line within a Neighborhood Center; and 3. Access to the commercial development must in no way conflict with the school traffic in the area; and 4. The design of any proposed commercial development must take into consideration the safety of the school children; and 8A 5. The projects within the Neighborhood Centers shall encourage provisions for shared parking arrangements with adjoining developments; and 6. Driveways and curb cuts shall be consolidated with adjoining developments; and 7. Projects directly abutting residentially zoned property shall provide, at a minimum, a 50 foot setback and landscape buffer; and 8. Projects shall provide a 10 foot wide landscaped strip between the abutting right -of -way and the off - street parking area. From time to time new Neighborhood Centers may be proposed. No two centers may be closer than one mile from each other. New Neighborhood Centers would require market justification and must meet size, spacing and use criteria expressed earlier. 3. Commerce Center - Mixed Use District The purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated Area and surrounding agricultural area. The Mixed -Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, community park and other employment generating uses. Other permitted commercial uses shall include transient lodging facilities at 26 dwelling units per acre. The appropriate zoning districts include C -1 through C -4 as identified in the Land Development Code. In considering new commercial zoning, priority shall be given to protecting existing residential uses. Residential development is permitted within the mixed -use Subdistrict at a maximum density of twelve (12) units per gross acre. Residential dwellings shall be limited to multi - family structures and less intensive units such as single - family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. The mixed -use district will be controlled via a series of performance standards that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping. 8A 0 Commercial development shall be permitted within a Planned Unit Development provided the following size and development criteria are met. There are three (3) categories for PUD Commercial. The commercial component within a PUD will be allowed to develop up to the maximum acreage specified in the table below: In addition to the above criteria, the following standards must also be met: a. Commercial zoning shall be no closer than one (1) mile to the nearest commerce center and no closer than one mile from the nearest PUD commercial zoning of ten acres or greater in size; The configuration of the commercial parcel shall be no more frontage than depth unless otherwise authorized by the Board of County Commissioners; C. Commercial zoning or development shall be no closer than a 1/4 mile from the nearest existing elementary school boundary; and d. No construction in the commercial designated area shall be allowed until 30% of the project has commenced construction unless otherwise authorized by the Board of County Commissioners. Non - commercial Uses In addition to those mixed -uses permitted within the Commercial Designations, uses such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day -care centers and those essential services as defined in the Land Development Code are permitted. (IV) 5. Recreational/Tourist District The purpose of this District is to provide centers for recreational and tourism activity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract tourists and residents while preserving the environmental features of the area. Uses permitted in this district include: passive parks, nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities including: hotel /motel, rental cabins, bed & breakfast establishments, campsites, restaurants; recreational vehicles; sporting and recreational camps; low- intensity retail; single family homes; agriculture; and those essential services as defined in the Land Development Code. Residential development is permitted at a density of less than or equal to four (4) dwelling units per gross acre. Transient lodging is permitted at a maximum density of eight (8) units per acre. Rezones are encouraged to be in the form of a Planned Unit (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 8 CATEGORY I CATEGORY 11 CATEGORY 111 PUD Acres 80+ 160+ 300+ Maximum Commercial Acres 5 acres 10 acres 20 acres Permitted Zoning C -2 C -3 C -2, C -3 & C -4 In addition to the above criteria, the following standards must also be met: a. Commercial zoning shall be no closer than one (1) mile to the nearest commerce center and no closer than one mile from the nearest PUD commercial zoning of ten acres or greater in size; The configuration of the commercial parcel shall be no more frontage than depth unless otherwise authorized by the Board of County Commissioners; C. Commercial zoning or development shall be no closer than a 1/4 mile from the nearest existing elementary school boundary; and d. No construction in the commercial designated area shall be allowed until 30% of the project has commenced construction unless otherwise authorized by the Board of County Commissioners. Non - commercial Uses In addition to those mixed -uses permitted within the Commercial Designations, uses such as parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day -care centers and those essential services as defined in the Land Development Code are permitted. (IV) 5. Recreational/Tourist District The purpose of this District is to provide centers for recreational and tourism activity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract tourists and residents while preserving the environmental features of the area. Uses permitted in this district include: passive parks, nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities including: hotel /motel, rental cabins, bed & breakfast establishments, campsites, restaurants; recreational vehicles; sporting and recreational camps; low- intensity retail; single family homes; agriculture; and those essential services as defined in the Land Development Code. Residential development is permitted at a density of less than or equal to four (4) dwelling units per gross acre. Transient lodging is permitted at a maximum density of eight (8) units per acre. Rezones are encouraged to be in the form of a Planned Unit (IV) = Plan Amendment by Ordinance No. 2003 -44 on September 10, 2003 8 8A Development (PUD). The minimum acreage requirement for a PUD shall be two (2) contiguous acres. Industrial Designation This designation is intended to accommodate a variety of industrial land uses such as Industrial, Commerce Center - Industrial, and Business Parks. 1. Industrial District The purpose of this designation is to provide industrial type uses including those uses related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories, assembly, storage, computer and data processing, business services, limit commercial such as child care centers, and restaurants and other basic industrial uses but not including retail, as described in the Land Development Code for the Industrial and Business Park Zoning Districts. Accessory uses and structures customarily associated with the uses permitted in this district, including offices, retail sales, and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permitted 2. Commerce Center - Industrial District The purpose of this designation is to create a major Activity Center that serves the entire Immokalee Urban Designated Area and surrounding agricultural area. The Industrial District shall function as an employment center and shall encourage industrial and commercial uses as described in the Land Development Code for the Commercial (C -1 through C -5), Industrial and Business Park Zoning Districts. Higher intensity commercial uses including packing houses, industrial fabrication operation and warehouses shall be permitted within this District. Accessory uses and structures customarily associated with the uses permitted in this district, including offices, retail sales, and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures are also permitted. 3. Business Park District Business Parks are intended to include a mix of industrial uses and offices designed in an attractive park -like environment with low structural density where building coverage ranges between 25% to 45% and where large landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall comply with the following: a. Business Parks shall be permitted to develop with a maximum of 40% commercial uses, of the type identified in "c" below, to reserve land within the industrially designated areas for the intended industrial uses and to ensure compatibility. b. Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Traffic Circulation Element. c. Commercial uses shall include, and shall be limited to, uses such as offices, financial institutions, cultural facilities, and fitness centers /facilities, and shall only be permitted within those areas zoned Business Park or Planned Unit Development within the Industrial Designation. 8 d. Business Parks must be a minimum of 35 acres in size. The Planned Unit Development and /or rezoning ordinance document for Business Park projects shall contain specific language regarding the permitted non - industrial uses and development characteristic guidelines consistent with those stated above. Non - Industrial Uses In addition to those industrial uses permitted within the Industrial Designation, uses such as those essential services as defined in the Land Development Code are permitted. u overlays and Special Features 1. Urban Infill and Redevelopment Area The Urban Inf ill and Redevelopment Area is consistent with criteria outlined in Section 163.2514(2) (a) -(e), Florida Statutes. The intent of this delineation is to comprehensively address the urban problems within the area consistent with the goals of this plan. This designation is informational and has no regulatory effect. 10 w O m Ir ^j w w Q L w w J Q Y O 2 H Iw m N C 5 94 1 I _ S L4 1 &i �A SS P�e i? ii is fy J N Ir w a � L w w J Q Y O 2 H Iw m N C 5 94 1 I _ S L4 1 &i �A SS P�e i? ii is fy 8A Objective 11.2: By2005, improve the physical appearance of the commercial building stock by 10% in the Main Street Program area. Policy 11.2.1 Beginning in 1997, the Building - Immokalee Together Project in conjunction with the Main Street Project shall provide a comprehensive approach to the redevelopment of South Immokalee. Items to be addressed include: compatibility traffic impacts parking buffering setbacks architectural character signage re- use /redevelopment incentives pedestrian circulation economic incentives Policy 11.2.2 Alternative funding sources will be investigated by 1998 in order to promote or expedite the implementation of the Building Immokalee Together Project and the Main Street Program. 12 8A OBJECTIVE 11.4: Provide land use designations, criteria and zoning which recognize the needs of that significant portion of Immokalee's population which is primarily pedestrian in nature. Policy 11.4.1: Implementation of the Comprehensive Bikeway /Pedestrian Plan will be consistent with the goals of the Building Immokalee Together Project and the Main Street Project. These two projects should be considered when funding priorities are reviewed to assure a concentrated approach to redevelopment. 14 8A OBJECTIVE 11.5: Recognizing the increasing need for farm labor, to ensure an adequate number of decent, safe, healthful, and affordable housing units for farm workers in Immokalee, sites for housing for farm workers which complies with section 10D -25 of Florida's Administrative Code and the Housing Code of Collier County shall be designated so as to keep pace with the population. Policy 11.5.1: New development for housing for seasonal, temporary or migrant workers shall be permitted in any land use designation provided they are permitted under Section 10D -25 and do not conflict with the zoning districts or Land Use map. Policy 11.5.2: Transient housing for farm laborers as identified as "Migrant Labor Camps ", as defined by Section 10D -25 of F.A.C., can also be developed in commercial land use area if they conform to the requirements delineated in the General Commercial Zoning District (C -4) of the Land Development Code regarding development standards, parking, landscaping and buffering requirements and are permitted under Section 10D -25 of F.A.C. 15 8A HOUSING GOAL III: CREATE AN ENVIRONMENT WITHIN WHICH ALL WORKING, DISABLED AND RETIRED RESIDENTS, AND THEIR IMMEDIATE RESIDENT FAMILIES, WILL HAVE A REASONABLE OPPORTUNITY TO PROCURE SAFE, HEALTHFUL, AND AFFORDABLE HOUSING CONSISTENT WITH THE DESIRED DEVELOPMENT CHARACTER OF THE AREA AS IDENTIFIED IN THE IMMOKALEE MASTER PLAN. OBJECTIVE 111. 1: Collier County shall promote the conservation and rehabilitation of housing in Immokalee neighborhoods. Policy III. 1.1: Expansion of urban facilities and services should enhance or maintain the viability of existing urban residential areas. Needed public infrastructure improvements in these areas should receive priority in the Capital Improvement Element. Policy III. 1.2: Assist in upgrading existing neighborhoods through active code enforcement, removing blighting influences, and concentrating capital improvements, in such neighborhoods. 16 8A OBJECTIVE: 111.3 By January 1998 the County will have in place a pilot plan of innovative programs and regulatory reforms to reduce the costs of development and maintenance of safe, healthful, and affordable housing for low and very low income households in Immokalee. Policy 111.3.1: By December 1997, the Community Development and Environmental Services Division will develop two pre- approved housing plans and their specifications for use by low income families and non profit developers. The project will explore the development of 1, 2, 3, and 4 bedroom housing, expandable housing and duplex prototypes. Policy 111.3.2: By September 1998, the County Attorney's Office will research those steps under law to provide deferral for at least two years the ad valorem taxes and special assessments for new apartments built for and rented to very low and low income households. Policy 111.3.3: The Housing and Urban Improvement Department of the Community Development and Environmental Services Division will continue to improve and implement a process to network the resources among the private developers and contractors especially among appropriate County officials, and those Immokalee residents in the market for affordable housing so as to create a full public /private partnership to address housing starts. Policy 111.3.4: The Code Enforcement Department will prioritize the enforcement of codes related to substandard housing that are a serious threat to the publics health, safety and welfare and when needed will enforce policies on demolition of such structures and the Code Enforcement Board will be used to levy appropriate fines. Policy 111.3. 5 Community Development and Environmental Services Division will research and develop strategies to replace and provide affordable housing through non- profit providers in and around the South Immokalee area that is compatible with the Redevelopment Plan. EM 3 A 00m, OBJECTIVE 111.4: There shall be an annual effort to coordinate with federal, state, local, and private agencies to seek funding to meet the housing needs as identified in the Housing Element of the Comprehensive Plan and to assure consistency with federal, state, and local regulations in regards to migrant land camps. Policy III. 4.1: The County's Housing and Urban Improvement Department of the Community Development and Environmental Services Division will meet with representatives of the Rural Economic Development Administration to improve the County's ability to attract more government grants and loans to develop housing for very low and low income households. Policy III. 4.2: By September 1998,the Community Development and Environmental Services Division will review the State of Florida's Environmental Health and Housing Code requirements for those units licensed as migrant labor camps and make modifications as determined appropriate to the Collier County Housing Code based on the review. Policy 111.4.3: The County Manager or his designee shall be responsible for collaborating to make an annual report to the Board of County Commissioners on identified "living quarters for five or more seasonal, temporary or migrant farm workers" as defined in 10D -25 F.A.C. and prepared by HRS. The report shall include recommendations on improvements needed to ensure County code and F.A.C. compliance and suggested amendments to County codes which are restricting needed rehabilitation and new developments. Policy 111.4.4: Continue to cooperate with all private groups seeking to furnish shelters for the homeless, and /or abused women and children in Immokalee. 19 8A CONSERVATION GOAL IV: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT OF ITS NATURAL RESOURCES AS DICTATED IN THE GROWTH MANAGEMENT PLAN. OBJECTIVE IV.1: The County shall protect and preserve natural resources within and adjacent to the Immokalee Urban Designated Area in accordance with the Growth Management Plan. Policy IV.1.1: The Immokalee Master Plan shall be updated as appropriate to reflect the recommendations resulting from the programmatic commitments of the Conservation and Coastal Management Element of the Growth Management Plan. • RECREATION GOAL V: PROVIDE AMPLE HIGH QUALITY AND DIVERSE RECREATIONAL OPPORTUNITIES TYPICALLY PROVIDED BY THE PUBLIC IN A COMMUNITY THE SIZE OF IMMOKALEE, FOR ALL IMMOKALEE CITIZENS IN A COST EFFICIENT MANNER. OBJECTIVE V.1: Collier County shall implement a parks and recreation program for Immokalee that is equivalent to Collier County standards, taking into consideration plans that reflect citizens' recreational preferences and offer recreational opportunities to all age groups. Policy V.1.1: By September 1998, Collier County's Public Services Division shall complete and publish for public comment, and adopt a 5 year plan and budget for parks and recreation that would meet the needs and characteristics of the total population (seasonal and permanent) of Immokalee. The plan and budget will be based upon such things as a survey of the preferences and priorities of Immokalee's seasonal and permanent population. The survey should include: a. Questions concerning community -wide and neighborhood park recreation issues. Differentiates by neighborhood the estimates of the population's priorities among alternative combinations of types of parks and recreation sites, facilities, equipment, and services. C. Be conducted during peak permanent and seasonal population periods. Policy V.1.2: Future parks will be encouraged to locate within the designated Neighborhood Centers but will not be limited to these areas. This may be accomplished through funding methods, including but not limited to, the County purchase of land, private sector land donations, or through an interlocal agreement between Collier County and the Collier County School Board. 21 8A TRANSPORTATION GOAL VI: THE FUTURE LAND USE PATTERN SHALL BE SUPPORTED BY A NETWORK OF ROADS, PEDESTRIAN WAYS, AND BIKEWAYS THAT MAINTAINS IMMOKALEE'S SMALL -TOWN CHARACTER, YET ACHIEVES EFFICIENT AND SAFE TRAFFIC MOVEMENT. OBJECTIVE VIA: The County shall provide for the safe and convenient movement of pedestrians, motorized and non - motorized vehicles. Policy VI.1.1: The County's Metropolitan Planning Organization Section of the Community Development and Environmental Services Division shall complete a transportation study for the Immokalee Urban Designated Area by September 1999. Once completed and accepted by the Board of County Commissioners, the Immokalee Master Plan shall be amended to incorporate the transportation study. The study will review existing roadway conditions, identify deficiencies and make recommendations considering all of the following: a. Consider all recommendations in the Collier County 5 Year Bicycle Ways Plan; b. Give highest priority to completion of the grid network with consideration of those segments identified in the Transportation section of the Support Document; C. Identify all right -of -way on a thoroughfare rights -of -way protection map; and d. Establish a loop road. Policy VI.1.2: The Traffic Circulation Map will graphically depict Immokalee's future roadway network, and identify specific roadway improvements needed to implement the Immokalee Master Plan Future Land Use Map and will be updated as new information is available. These improvements will be prioritized and placed into the Capital Improvement Element after further transportation analysis is completed. Policy VI.1.3: The Collier County 5 Year Bicycle Ways Plan shall give priority to linking existing and future residential neighborhoods to each other, designated neighborhood centers, commercial, employment and public service areas. This plan will reflect the unique needs of the Immokalee community and also take into consideration the need for pedestrian walkways in Immokalee. Policy VI.1.4: Existing and future bikeways shall be graphically depicted on the Traffic Circulation Map of the Immokalee Master Plan, and shall become part of the Collier County 5 Year Bicycle Ways Plan. 22 8A , ECONOMIC GOAL VIII: ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE IMMOKALEE COMMUNITY. OBJECTIVE VIII.1: Prepare a plan for economic development for the Immokalee Area. Policy VIII.1.1: By 1997, the Community Development and Environmental Services Division shall prepare a county -wide economic plan that will include an Action Plan with recommendations and incentives to enhance and diversify the local economy. Policy VIII.1.2: The Community Development and Environmental Services Division and the Airport Authority shall promote the development of the Immokalee Airport and surrounding commercial and industrial areas as set forth in the Immokalee Airport Master Plan. Policy VI11.1.3: Develop and initiate a program in 1997 to promote the incentives of Enterprise Zone designation. Policy VIll.1.4: The Community Development and Environmental Services Division will coordinate with the Collier County Sheriff's Department on investigating and pursuing any funding opportunities available under the Safe Neighborhood Act to assist with enhancing the Immokalee community. Crime Prevention Through Environmental Design (CPTED) principles shall be encouraged in all development standards. Policy VIII.1.5: Coordinate with the Collier County School Board to ensure that the employment skills and training needed are available for the types of industries located in the Immokalee Community. 23 e�: ff »..o'' '..Ti t }. j'' ,6 � .. e �e� � P3. o-` �E 1tru� F f� ". ei�� n i � ..e K� f ��L .A� . 1f• i r �Ye �!. � � ° •'.' SiaT1sF� � e F' °Y A� 5 � `` i� �k: r P' 7 �,i. i�1 ,, � A '' t i y � v u , •y `i a ` ' E r''�1 "�.. � � `' � 1 �� ■ fr,'P.g y k t �' �, 8A MARCO ISLAND MASTER PLAN Prepared By: Collier County Planning Department, Comprehensive Planning Section 0 The Marco Island Vision Planning Advisory Committee November 12,1996 8A TABLE OF CONTENTS Page * I. INTRODUCTION 1 * II. OVERVIEW 2 * III. IMPLEMENTATION STRATEGY 11 IV. SUPPORT DOCUMENT -STUDY AREA INVENTORY/ ASSESSMENT A. Introduction 1 B. History of Marco Island 1 C. Demographics 8 D. Land Use - Existing and Future 14 E. Public Facilities 22 F. Capital Improvements 58 G. Public Participation 60 LIST OF TABLES IN SUPPORT DOCUMENT Table No. 1 Comparisons of 1990 Census and Telephone Surveys 9 2 Population Estimates 1994 and Buildout 10 3 Occupancy Rates - Estimates and Projections 11 4 Estimated Growth in Dwelling Units 12 5 Estimate of Permanent Population (1990 Census) 13 6 Age Distribution (1990 Census) 13 7 Racial Comparisons (1990 Census) 14 8 Existing Land Use Acreage 15 9 Commercial Land Use Acreage 16 10 Residential Housing Potential 18 11 Future Land Use Designation Acreages 19 12 Potable Water Demand (1993 and 1994) 26 13 Projected Potable Water Demand 27 14 Wastewater Demand (1993 and 1994) 35 15 Estimate Number of Sewer Units 36 16 Major Road Segments 40 17 Minor Road Segments 41 18 Maximum Service Volumes 44 19 1994 Average Daily Volumes 44 8A LIST OF TABLES IN SUPPORT DOCUMENT (continued) Table No. 20 Current and Projected Peak Traffic Counts 45 21 Current and Projected Off - Season Traffic Counts 46 22 Current and Projected Traffic Counts 46 23 Recreational Sites and Facilities Inventory 52 24 Community Park Demand 52 25 Student Enrollment (FY91- FY95) 56 P�Iblic School Population -1994 and Buildout 57 _ oposed Project List 61 * Adopted Portions LIST OF FIGURES IN SUPPORT DOCUMENTATION APPENDIX I: APPENDIX II: APPENDIX III: APPENDIX IV: APPENDIX V: APPENDIX VI: APPENDIX VII: APPENDIX VIII: APPENDICES Public Participation Process Detailed Population Study Water Conservation Plan Class II Waters Description Proposed Roadway Paving Survey Traffic Counts Traffic Capacity Analysis Design Charrette Report ii Paee 1 Marco Island Existing Land Use Map 20 2 Marco Island Vacant & Developed Property Map 21 3 Marco Island Water and Sewer District 23 4 Marco Island Water Service Territory Boundary 24 5 Potable Water Demand vs. Capacity 30 6 Marco Island Sewer Service Territory Boundary 32 7 Demand vs. Sewer Capacity 38 8 Future Traffic Circulation Map - Year 1999 43 9 Future Traffic Circulation Map - Year 2004 49 10 Marco Island Park Map 53 11 Marco Island Master Plan Process 64 APPENDIX I: APPENDIX II: APPENDIX III: APPENDIX IV: APPENDIX V: APPENDIX VI: APPENDIX VII: APPENDIX VIII: APPENDICES Public Participation Process Detailed Population Study Water Conservation Plan Class II Waters Description Proposed Roadway Paving Survey Traffic Counts Traffic Capacity Analysis Design Charrette Report ii APPENDIX IX: APPENDIX X: APPENDIX XI: APPENDIX XII: APPENDIX XIII: APPENDIX XIV: APPENDIX XV: APPENDIX XVI: APPENDIX XVII: APPENDIX XVIII: APPENDIX XIX: APPENDIX XX: APPENDIX XXI: APPENDICES (continued) Education Sub - Committee Report Beach Report Waterways Sub - Committee Report Library Service Sub - Committee Report Cultural Subcommittee Meeting Minutes Employment Survey (April 10, 1995) Business Needs and Services Subcommittee Report DEP Water Quality Test Results HRS Letter SSU Letter on Facility Site Capacity Soil Analysis Report 1992 Water Quality Studies 1994 Subdivision Status • L� Meeting Minutes of all Vision Planning Advisory Committee Meetings are available in a separate volume. iii • I. INTRODUCTION The residents of Marco Island requested the Board of County Commissioners to develop a comprehensive plan to guide the future development of this Island community. It became apparent early in the planning process that the lack of planning for Marco Island, over the past 25 years had resulted in a situation where the solution of near term needs must be assigned a higher priority than true visionary planning. Marco Island is currently subject to the regulations outlined in the County's Growth Management Plan. For those areas not specifically addressed in this Master Plan, the policies of the Growth Management Plan will apply. Marco Island is currently one million gallons per day short of drinking water during peak season. The traffic situation on Marco Island, especially during peak season, is a major concern of the residents. A determination on whether there is a need for additional wastewater treatment facilities on Marco Island must be resolved. With the exception of two small parcels, all the vacant land on Marco is privately owned and is being developed at a rapid pace. If "land banking" is not completed before the few remaining parcels are developed, Marco may be denied the opportunity of having a place for cultural and/or community activities. ` These concerns, plus other factors, have resulted in the development of this Plan and its implementation. This plan consists of three sections: 1. The Overview Section, which describes the purpose, the planning process, the unique characteristics of Marco Island and a summary overview of the plan. 2. The Implementation Strategy, is the tool to effectuate the plan which includes the goals, objectives, and the implementation policies developed to address land use, open space and recreation, and public facilities. This section also includes the Future Land Use Map and Land Use Designation Descriptive Section. 3. The Support Document provides data and information used to develop the Goals, Objectives, and Policies outlined in the Implementation Strategy. 8A 11. -OVERVIEW A. PURPOSE OF MARCO ISLAND MASTER PLAN The Collier County Board of Commissioners authorized on March 22, 1994, the preparation of a Master Plan for Marco Island. The purpose of the plan is to provide the framework and direction under which the growth and development of Marco Island can occur while preserving its tropical environment, reflecting its unique residential and commercial characteristics, and fulfilling the needs of its residents into the foreseeable future. B. COUNTY -WIDE PLANNING PROCESS As mandated by Chapter 163, Florida Statues, the "Local Comprehensive Planning and Land Development Regulations Act" and Chapter 9J -5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance ", Collier County adopted a new Growth Management Plan in January of 1989. This legislation requires all counties and municipalities throughout the State of Florida to develop a plan which consists of the following elements: 1. Land Use; 2. Traffic Circulation, Mass Transit, and Aviation; 3. Housing; 4. Public Facilities; 5. Capital Improvements; 6. Recreation and Open Space; 7. Intergovernmental Coordination; and 8. Conservation and Coastal Management C. THE SCOPE OF THE MARCO ISLAND MASTER PLAN Marco Island is defined for the purpose of this Master Plan as that area encompassed by the bridge connecting Route 951 to the Island and the bridge on Route 92, where it crosses the Marco River. Goodland is not included in this Master Plan. The Marco Island Master Plan addresses the specific needs of Marco Island. The Master Plan includes: 1. The demographics of Marco Island pertinent to planning infrastructure requirements. 2. A projection of buildout in terms of dwelling units and population. 3. The current status of the major elements of the infrastructure. 4. The infrastructure needs at buildout. 5. The goals and objectives for the infrastructure. 6. The policies and procedures to achieve the goals and objectives. 7. A plan for each element of the infrastructure. 8. Future Land Use Designations and Map 9. A data base and the procedures for monitoring and reporting on plan implementation. -z- 8A D. CHARACTERISTICS OF MARCO ISLAND Every community has its own personality, needs, and potential. Each community is unique and Marco Island is no exception. It is important to know and understand those factors that make a community unique and how those factors influence the goals or a community. The principal characteristics unique to Marco Island that will affect the ^: faster Plan are as follows: * It is a residential community composed basically of residents with a need for services and sufficient businesses to support the desired lifestyle of the residents. * It is a second or "part -time" residence for a large number of the property owners. * It has a significant change in seasonal population. * It is an Island with fixed boundaries (the Gulf) with no possibility of expanding these boundaries to accommodate growth. * It has an environment and climate that attracts large numbers of visitors desiring to utilize the beaches and facilities. * It has experienced a rapid growth in dwelling units and population with little or no infrastructure planning to accommodate future growth. E. WORKING RELATIONSHIPS Subsequent to the Commission authorization of a Master Plan for Marco Island on March 22, 1994, Marco residents initiated the planning process. Members representing the various interests of Marco Island including: Marco Island Civic Association, Marco Island Taxpayers Association, Marco Island Association of Condominiums, Marco Island Chamber of Commerce, Marco Island Board of Realtors, the area churches and residents not affiliated with any civic organization formed an ad hoc committee. A Marco Island Vision Planning Advisory Committee was formed by ordinance with members of the groups identified above. The working relationship between the residents, the Marco Island Vision Planning Advisory Committee, the staff and the County Commissioners is outlined in section G of the Support Documentation - Public Participation Proposal- and Appendix I. The plan was conceived and authorized as a joint effort between the Marco Island Vision Planning Advisory Committee and the staff with the Committee taking the lead in working with the residents to determine the objectives, needs and priorities and the staff taking the lead in defining procedures and policies. It was to be Marco's plan as determined by consensus of the residents of Marco Island. -3- Ordinance #92 -42 adopted on January 10 1995 officially authorized a "Marco Island Vision Planning Advisory Committee" (see Appendix I). The official function, powers, and duties of this Committee as defined in the ordinance are as follows: A. To aid and assist in the preparation of the Marco Island Master Plan. This duty would include assistance with data collection, conducting surveys, elicit citizen input, develop policy recommendations, and review and make recommendations on the Capital Improvements Element as it relates to Marco Island. B. To provide recommendations to the Board of County Commissioners on policies related to the development of the Master Plan. C. To provide a forum for broad citizen input and participation. D. To provide information to the general public and keep the citizens of Marco Island involved and informed of the planning process as it relates to the formulation of the Marco Island Master Plan. E. To perform or assist with any other function or duty as it relates to the development of the Marco Island Master Plan as requested by the Board of County Commissioners. F. The Committee meetings shall be open to the public. F. PUBLIC INPUT An important element of the Master Plan was the involvement of the residents of Marco Island. Several mechanisms were utilized to inform and to solicit input from the residents. The initial information meeting was held on April 26,1994. The purpose of this meeting was to seek input and advise the citizens regarding of the Master Plan planning effort. The meeting agenda included a definition of the Master Plan, what it entailed, a description of the work to be done, and the approach and procedures for performing the work, the purpose and needs for the Master Plan, and the channels of communication available to the residents to comment on the Plan. The presentations at this meeting were made by the Collier County Planning staff, Harold Vann, Marco Island resident, and John Norris, Marco Island District Commissioner. A telephone survey was made in August 1994 of the residents of Marco Island, over 800 residents were contacted. The purpose of this survey was to determine the population, the population mix, and the issues and priorities as conceived by the residents. A second survey was made in February, 1995; over 1100 residents were contacted. The results of these surveys are included in Appendix II. Information workshops were held to allow the residents an opportunity to express their views on the needs and priorities, proposed solutions and the programs to meet these needs. -4- 8A The following public meetings were conducted: April 26, 1994 Kickoff public meeting August 1994 Telephone census November 30,1994 Public Workshop December 27,1994 Public Workshop January 3, 1995 Public Workshop January 10, 1995 Public Workshop January 18, 1995 Public Workshop February 1995 Telephone census March 8,1995 Newspaper poll March 31, 1995 Community Urban Design Workshop April 1, 1995 Community Urban Design Workshop April 2,1995 Community Urban Design Workshop April 3, 1995 Community Urban Design Workshop July 27, 1995 Community Workshop January 30, 1996 Community Workshop February 8, 1995 Community Workshop In addition to the scheduled public meetings, input was obtained by public discussions with the following civic organizations on the island: Marco Island Civic Association Marco Island Taxpayers Association Marco Association of Condominiums Members of Chamber of Commerce Members of Realtor Association Rotary Clubs Cruise Club -5- 8A Additional input was obtained from seven subcommittees that held public meetings on their assigned area of concern. The Marco Island Vision Planning Advisory Committee held 25 meetings which were specifically designed to keep the public aware of the issues, develop alternative solutions, review the progress, and to provide a conduit for input. There was continuous press coverage. The results of the public surveys, the minutes of the public meetings, including a copy of the results of the Community Urban Design Workshop are found in Appendix II and Appendix VIII. G. CONCERNS EXPRESSED BY MARCO ISLAND RESIDENTS The concerns expressed in the public meetings in the approximate order of priority are as follows: - WATER SUPPLY AND COST - TRAFFIC CONGESTION AND ROAD SAFETY - BICYCLE AND PEDESTRIAN PATHS - IMPACT OF DEVELOPMENT ON 951 CORRIDOR - BEACH PRESERVATION - LACK OF TROPICAL AND RELAXED APPEARANCE OF ISLAND - PARKS AND RECREATION FACILITIES - COMMUNITY AND CULTURAL FACILITIES - DRAINAGE - ZONING - ORDINANCE ENFORCEMENT - ELECTRIC POWER AVAILABILITY AND BACKUP - ROAD MAINTENANCE - SIGNAGE - MAINTENANCE OF VACANT PROPERTY 8A H. PLANNING GUIDELINES The public input established the broad planning guidelines listed below: 1. Marco Island is primarily a residential community. The infrastructure planning will be based on the assumption that the commercial component of the island will be developed to meet the needs of the residents. Guided by sound zoning and the economics of the marketplace, the Marco community should adapt to the changes in its population characteristics as single family dwelling units increase between now and buildout in a manner that will enhance the tropical nature of the island, improve the quality of life of the residents, and increase overall property values. This vision is consistent with the Deltona Public Offering Statement to prospective buyers, dated October, 1970, which reads: "Marco Island is being developed into a residential community and land is restricted for residential purposes, with sufficient land restricted for commercial purposes to reasonably serve the community." 2. Criteria for managing the use of the waterways internal to the island boundary and those adjacent to the island should be developed in a manner that will enhance the lifestyle and preserve the value of the community. 3. The character of Marco Island should reflect a blend of an informal, tropical, and cultural lifestyle. 4. Elements of the island's infrastructure will be designed to support a projected peak of 50,000* people at buildout, under the assumption that the residents will accept a high level of traffic congestion, crowded commercial facilities and, in general, a somewhat less than desirable level of comfort during the peak season of January, February, and March. 5. The planning process should consider all practical methods of growth, management, within the existing confines of Marco Island and take all practical steps to manage the external impacts (outside the two Marco bridges) areas, such as the 951 corridor leading to the island. * 50,000 population includes 45,000 residents, renters, hotel guests, (assuming 100% occupancy) 5,000 day visitors and service people. I. APPROACH The first step in the planning process was to develop a reliable and reconstructible source of data on the existing number of dwelling units and the population of Marco Island "bridge to bridge ", and project the rate of growth, the number of units, and the population at buildout. These data were used in planning the needs at buildout. These data and the surveys and methodology used to generate these data are included in the support documents. -7- 8A The second step was to develop the.current status of the infrastructure elements. For example, the committee worked with Southern States Utilities to determine capacity vs. demand for water and sewer in 1994 and at buildout. The committee worked with Lee County Electric to determine the power needs and capacity in 1994 and at buildout. Traffic counters were placed on the major roads and traffic counts were taken during the season peak (March) and the season low (August/ September). Projections of buildout traffic were made from these data. The Beach Re- nourishment Committee provided the data base on beaches. The Chamber of Commerce provided the data base for the business needs. These reports are included in the Appendices. Wherever subcommittees were formed an effort was made to involve established organizations with charters and interest in the element where data was needed. For example, the President of the Marco Art League chaired the Vision Planning Subcommittee to explore the need for community and cultural needs. This process provided the following benefits to the planning process: 1. All involved parties were using the same data base and definitions in defining status and making projections for buildout. 2. There was a general agreement between the Vision Planning Committee, the County staff, the involved party, such as Southern States Utilities, Lee County Electric, and the civic groups on the data and the issues. 3. The approach involved a large number of Marco residents in the planning process. For example, approximately 150 Marco residents assisted in each of the two island -wide census conducted by the Vision Planning Advisory Committee and the ad hoc subcommittee to review the needs for community and cultural needs was composed of members of the Art League, the Historical Society, the Marco Players, the Lions Club, the Shrine Club, the Concert Choir Club, etc., representing Marco organizations with a membership of over 5,000 residents. 4. Each of the seven ad hoc working subcommittees had a member representing a substantial number of Marco residents. The seven subcommittees were: Education, Zoning /Land Use, Transportation/ Roundabout, Cultural Activities /Facili ties, Waterways, Business Needs and Services, and Alternative Funding. The input to the planning process involved a sufficient number of Marco residents so that the act of data generation resulted in a "mini" consensus prior to obtaining general public consensus. J. SUMMARY OF MARCO'S MOST CRITICAL NEEDS Concerns expressed in the public workshop meetings, which were also supported by the results evident from the collection of data on Marco Island infrastructure, are summarized below in the approximate order of priority: 8A Marco Island is provided with potable water service by Southern States Utilities (SSU). The existing 1994 capacity is 9 million gallons /day. The demand in March 1994 (a very dry period) was 10.309 million gallons per day. The projected need, based on existing demand for potable water at buildout is 14 to 15 million gallons per day. The wastewater treatment service for Marco Island is provided by SSU. Less than half of the island has available sewer, the remaining portion uses septic systems. As of December 1994 there were 2,297 single family dwellings on Marco Island connected to septic tanks. There are approximately 5,000 additional single family dwelling units yet to be constructed on Marco. There are indications that the fecal coliform count in the canals and surrounding water may exceed the recommended limits for Class II waters. The traffic congestion during the peak season (January, February, March) on the main roads on Marco Island is a major concern of the residents. Marco Island does not have the alternative of constructing new roads to split the traffic and is limited in the ability or desire to add lanes to the existing roads. These limitations make it necessary to concentrate on traffic calming techniques that will take traffic "off the road ", by creating a network of roads, bicycle paths, and pedestrian facilities that will create and maintain safe and efficient traffic movement without expanding road lane widths. The lack of an adequate drainage system on Marco Island results in serious flooding of the roads during periods of heavy rain. This condition creates a traffic safety problem as well as a traffic flow problem and could be critical during a forced evacuation. Little vacant land is under public ownership. With one exception the undeveloped sites suitable for cultural, community activities, and /or park facilities, are privately owned. Development on Marco is occurring at a rapid pace and unless some judicial "land banking" is done, before this property is developed, Marco may be denied the opportunity of having additional public recreation facilities in the future. Some portions of the Collier County Land Development Code are not the same as the Marco (Deltona) deed restrictions. However, it is not the County's intention to enforce private deed restrictions, but the County may create development standards specific to the residential and commercial character of Marco Island to create the type of development consistent with the tropical small town environment of Marco Island and would be enforceable by the County. , Beautification efforts on Marco Island have been limited to beautification and maintenance of the median strips on Collier Boulevard and portions of Barfield Drive. These boundaries are not conducive for creating a tropical environment island -wide requested by the residents of Marco Island. Public input along with technical input from the parties involved has molded a general consensus between the public, the Vision Planning Advisory Committee, and the responsible parties on the plans listed in this Plan to resolve these issues. 8A Outside factors can have a significant effect on long and even short range projection and planning. For example, the demand for potable water on Marco Island was 10.3 million gallons per day in March 1994. These data indicated a consumption of 324 gallon per capita day. The demand for potable water in March of 1995 (one year later) was 9.4 million gallons per day. These data indicated a consumption of 291 gallons per capita day. The difference in water consumption is influence by whether the season is dry or a wet season. Between 1984 and 1992 an average of 500 units per year were being constructed. Between 1990 and 1993 the rate of growth had slowed to the construction of (average) 155 units per year. In 1994 there were 194 construction permits issued. The future economy can have a major effect on rate of growth. If long range planning is delayed until all future data are confirmed and exact costs are in hand, the long range plan becomes a definition of the present and many desirable options are no longer available. -10- III. IMPLEMENTATION STRATEGY This section describes the goals, objectives, and policies to implement the plan and will be adopted by ordinance. Goals, objectives, and policies included in the Collier County Growth Management Plan and not specifically addressed in this Master Plan, including the Housing and Conservation and Coastal Management Elements, will apply with equal force on Marco Island. A. GOALS OBTECTIVES AND POLICIES POPULATION GOAL I: DEVELOP AND MAINTAIN RELIABLE POPULATION ESTIMATES AND OTHER DEMOGRAPHIC DATA THAT ARE NEEDED TO DETERMINE AND /OR PROJECT INFRASTRUCTURE REQUIREMENTS, EVALUATE THE NEEDS FOR ADEQUATE SERVICES AND TO MONITOR AND MAINTAIN THE DESIGNATED LEVEL OF SERVICES (L.O.S.). OBJECTIVE I.1: Within one year of Plan's effective date, the county will cause to have made, accurate annual estimates of the dwelling units and the population residing on Marco Island. These estimates are to be made for both the peak (February) and minimum (August) seasons. The population estimates will include residents, renters, and hotel guests. The estimate will be consistent with the methodology used to determine population listed in the support documents. POLICY I.1.1: These population and dwelling unit estimates will be used to establish and maintain level of service (L.O.S.) standards that will ensure the community is adequately served by the area's sanitary sewers, solid waste collection, drainage, potable water, EMS, and roads. POLICY I.1.2 The Number of Dwelling Units (Table One) and Marco Island Population (Table Two) will be updated by the County on an annual basis. POLICY I.1.3: The county will utilize accurate demographic data to ensure the availability of sufficient and appropriately located land for wastewater treatment, solid waste, drainage, potable water, utilities, roads, public facilities and other infrastructure elements necessary to support approved renewal and /or planned growth. -11- A .. TABLE TWO MARCO ISLAND POPULATION ESTIMATES YEAR PEAK AUGUST LOW 1994 31,791 12,716 2000 34,585 15,560 2005 37,627 18,813 2010 40,935 21,695 2015 44,535 24,048 2016 45,292 25,363 Buildout 45,311 24,921 Note: Peak population is based on 100% occupancy and August low population is based on an increasing occupancy rate of 40% in 1995 to 55% at buildout of the dwelling units listed in Table One. Source: Collier County Planning Department, January 1996. -13- E:� FUTURE LAND USE GOAL II: TO ENHANCE MARCO ISLAND'S QUALITY OF LIFE, ENVIRONMENTAL QUALITY AND TROPICAL SMALL TOWN CHARACTER BY MANAGING GROWTH AND ASSURING A STABLE RESIDENTIAL COMMUNITY WITH SUFFICIENT BUSINESS TO SERVE THE NEEDS OF THE RESIDENTS. OBJECTIVE II.1. New, revised, or redeveloped uses of land shall be consistent with the designations shown on the Marco Island Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations and Districts shall be binding on all Development Orders effective with the finding of compliance by the Florida Department of Community Affairs of the Master Plan for Marco Island. Policy II.1.1 Marco Island will maintain the gross density of 4 units per acre and be considered under the Urban Coastal Fringe Future Land Use Designation. Policy II.1.2 The Marco Island Urban Coastal Fringe Future Land Use Designation shall include the following Future Land Use Districts: A. Residential 1. Low Residential District 2. Medium Residential District 3. High Residential District 4. Residential Mixed Use District B. Commercial 1. Community Commercial District 2. Village Commercial District 3. Mixed Use Town Center District C. Recreation/Community Facility District D. Preservation/Conservation Standards and permitted uses for each Marco Island Master Plan Future Land Use District are identified in the Designation and Description Section of this plan. This Policy shall supersede Policy 1.1 of the FLUE of the Growth Management Plan. -14- • Policy II.1.3 Mixed Use Town Center District shall allow a mixture of higher density residential (maximum density of 12 dwelling units per acre when specific development standards are followed), community facilities, and appropriate commercial uses (ranging from C -1 to C -5) with specific development standards. Development standards and appropriate commercial uses will be developed via an area -wide master plan that will be implemented as an overlay or other appropriate method. This plan will be prepared by the Community Development and Environmental Services Division within one year of Plan's effective date. Once completed, the Town Center Overlay will be incorporated into the Land Development Code (LDC). The density will remain at four units per acre and hotel units will be allowed at a maximum density of 26 units per acre until the Mixed Use Town Center Overlay is adopted in the LDC. Policy ILIA Village Center District shall allow a mixture of higher density residential (maximum density of 8 units per acre when specific development standards are followed), community facilities, and appropriate commercial uses (ranging from C1 -05) with specific development standards. Development standards and identification of commercial uses appropriate to the area will be developed via an area -wide master plan that will be implemented as an overlay or other appropriate method. This plan will be prepared by the Community Development and Environmental Services Division within one year of Plan's effective date. Once completed, the Village Center Overlay will be incorporated into the Land Development Code. The density will remain at four units per acre until the Village Center Overlay is adopted in the LDC. Policy II.1.5 Any building permit that is issued prior to the effective date of the adoption of the overlay district as outlined in the Marco Island Master Plan for a use or development standard that has been modified by the overlay district will be considered to be vested for purposes of application of the overlay provisions. Policy II.1.6 Uses and development standards allowed by existing zoning will be permitted until overlays are developed and adopted except for multi - family residential development in the Mixed Use Town Center District and Village District which allows for a density higher than 4 units per acre. -15- • OBJECTIVE II.2 Development and design standards for Marco Island will create a tropical small town character. Policy II.2.1 Within one year of Plan's effective date, the County will implement overlays or other appropriate methods for the Mixed Use Town Center, Village Commercial District and appropriate Community Commercial Districts, such as the Marco Lake area, that will include, but not be limited to, identification of allowable uses, design guidelines and development standards for signage, architectural standards, landscaping, setbacks, height, parking and installation of pedestrian facilities and consideration for future transit. Overlays will be developed with input from the public and appropriate Collier County Departments. Policy II.2.2 Within two years of Plan's effective date, the County will implement a residential overlay or other appropriate method, for appropriate areas of Marco Island that will include, but not be limited to, development standards for set - backs, building height and boat dock requirements. Overlays will be developed with input from the public and appropriate Collier County Departments. IME 8A FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designation and districts shown on the Future Land Use Map. These districts generally indicate the types of land uses for which zoning may be requested. However, these land use districts do not guarantee that a zoning request will be approved. URBAN COASTAL FRINGE DESIGNATION In order to maintain and preserve the unique environment of Marco Island and facilitate hurricane evacuation, the gross density of the island will be limited to a maximum of 4 dwelling units per acre. This designation is intended to accommodate a variety of residential and commercial uses. Land Use Districts A. RESIDENTIAL Low Density Residential District - Residential dwellings shall be limited to single - family structures. Non - residential uses permitted within this district are limited to those uses that are compatible and /or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, schools, day -care centers, family care facilities, and essential services as defined in the Land Development Code. A density less than or equal to four (4) dwelling units per gross acre is permitted. Medium Density Residential District - Residential dwellings shall include single- family structures, multi- family dwellings, and duplexes. Non - residential uses permitted within this district are limited to those uses that are compatible and /or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, schools, day -care centers, family care facilities, and essential services as defined in the Land Development Code. A density less than or equal to six (6) dwelling units per gross acre is permitted. -17- 8A High Density Residential District - Residential dwellings shall be limited to multi- family structures and less intensive units such as single family and duplexes provided they are compatible with the district. Non - residential uses permitted within this district are limited to those uses that are compatible and /or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, schools, day -care centers, family care facilities, and essential services as defined in the Land Development Code. A density less than or equal to sixteen (16) dwelling units per gross acre is permitted. Residential Mixed Use District - Residential dwellings shall be limited to multi- family structures. Hotels and motels, and family care facilities are permitted. Non - residential uses permitted within this district are limited to those uses that are compatible and /or.support the character of the area. The allowed uses include: parks, open space and recreational uses, churches, schools, libraries, cemeteries, and essential services as defined in the Land Development Code. A density less than or equal to sixteen (16) residential dwelling units per gross acre is permitted and a density less than or equal to twenty-six (26) hotel/ motel units per gross acre is permitted. Accessory uses for permitted uses in the residential districts will be allowed. B. COMMERCIAL Community Commercial District - The purpose of this district is to provide for centers of activity that serve the needs of the surrounding community. These commercial areas are shown on the Marco Island Future Land Use Map. Mixed use residential/ commercial uses are permitted. Non - commercial uses permitted within this district include parks, open -space and recreational uses, churches, libraries, cemeteries, schools, day -care centers, family and group care facilities, care units and those essential services as defined in the Land Development Code. OWN 8A Village Commercial District - The purpose of this district is to provide a mixture of residential uses and appropriate commercial uses to maintain the historic village character of the area. New residential development is permitted within this district at a maximum of eight (8) units per gross acre when specific development standards are followed. Density will remain at four (4) units per gross acre until the development standards are adopted in the Land Development Code (LDC). Those standards will be developed within one year of Plan's effective date. All residential dwelling unit structures and accessory uses are allowed provided they are compatible with the district. A variety of commercial uses (ranging from C -1 to C -5) will be permitted that serve the needs of the residents and traveling public while maintaining the village atmosphere. Specific development criteria that encourage pedestrian and bicycle access, open view corridors of the waterfront, strengthen the historic character of the area and identify permitted commercial uses, that may include mixed use residential/ commercial will be identified in the Village Commercial Overlay or other appropriate method that will be developed as part of the Land Development Code. Non - commercial uses permitted within this district include parks, open -space and recreational uses, churches, libraries, cemeteries, schools, day -care centers, family and group care facilities, care units, and those essential services as defined in the Land Development Code. A density less than or equal to eight (8) residential dwelling units per gross acre is permitted. Mixed -Use Town Center District - The purpose of this district is to create a major activity center that serves the community of Marco Island. The Mixed -Use District shall function as a center of residential, commercial and entertainment activities on the Island. Uses permitted within this district shall include commercial (as specified by the Mixed Use Town Center Overlay ranging from C -1 to C -5), offices, governmental, institutions, and residential. Residential development is permitted within this district at a maximum density of twelve (12) dwelling units per gross acre when the specific development standards are followed. Those standards will be developed within one year of Plan's effective date. The density will remain at 4 units per acre until the Mixed -Use Town Center Overlay or other appropriate method is adopted in the LDC. Residential dwellings shall be limited to multi- family structures. -19- 8A The Mixed Use Town Center District shall be controlled via a series of development standards that address such issues as signage, lighting, architectural compatibility, lot size, parking, and landscaping as identified in the Mixed -Use Town Center Overlay or other appropriate method that will be developed as part of the Land Development Code. The specific development criteria will encourage pedestrian and bicycle access, open view corridors of the waterfront, strengthen the Town Center concept and identify permitted commercial uses, that may include mixed -use residential/ commercial. Non - commercial uses permitted within this district include parks, open -space and recreational uses, churches, libraries, cemeteries, schools, day -care centers, family and group care facilities, care units, and those essential services as defined in the Land Development Code. A density less than or equal to twelve (12) residential dwelling units per gross acre is permitted. Accessory uses for permitted uses in the commercial districts will be allowed. C. RECREATION /COMMUNITY FACILITY DISTRICT The purpose of this District is to create recreation/ community facility districts to serve the Marco Island community. Uses permitted within this district shall include parks, open space and non - commercial recreational uses, churches, beach access /parking facilities, schools, utility sites, government facilities, day -care centers, and family and group care facilities, hospitals, civic and cultural facilities, and those essential services defined in the Land Development Code. Conditional Uses permitted include archery ranges, cemeteries, community centers, golf ranges, marinas, boat ramps, private clubs, yacht clubs, public swimming pools, and tennis facilities. D. PRESERVATION /CONSERVATION DISTRICT The purpose of this district is to preserve and conserve natural resources and habitat on privately or publicly owned land. Uses permitted in this district include passive parks, nature trails, nature preserves, and wildlife sanctuaries. E. SPECIAL PROVISIONS Affordable Housing Provisions of Affordable Housing Density Bonus as defined in the Land Development Code would allow a maximum of eight (8) dwelling units per gross acre above the maximum density of the district, however, no density may exceed twelve (12) units per acre except when Transfer of Development Rights (TDRs) are applied. This bonus may be applied to an entire project or portions of a project provided that the project is located within the Mixed Use Town Center District or the Medium and High Density Residential Districts. -20- • POTABLE WATER GOAL III: ASSURE A SUFFICIENT, DEPENDABLE, AND HIGH QUALITY POTABLE WATER SUPPLY TO MEET THE NEEDS OF MARCO ISLAND ON A TIMELY BASIS, AT A REASONABLE COST, AND, AT A MINIMUM, IS IN COMPLIANCE WITH ALL FEDERAL AND STATE REQUIREMENTS TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC. OBJECTIVE III.1: The County will assure that all federal and state requirements and the designated level of service standards are met by the suppliers of potable water to Marco Island. POLICY III.1.1: Within one year of Plan's effective date, the Collier County Community Development and Environment Services Division will initiate a mechanism to obtain quarterly reports from the suppliers of potable water that contains the following information: a) Monthly demand (usage) for the present and the preceding 5 years. b) Projected usage (year by year) to buildout. c) The current sources of supply and the current capacity to process and distribute the source of supply. d) The plan and schedule to meet any demand in excess of either the current source or existing capacity. A copy of the reports will be provided to the Collier County Community Development and Environment Services Division. -22- - 8A OBJECTIVE III.2.: Within one year from the date of Plan's effective date, a comprehensive program will be implemented for the Marco Island area, that will reduce the per capita consumption of water from the actual 290 gallons per day to 200 gallons per day which is the LOS in the Growth Management Plan. Policy III.2.1: The County will support the potable water supplier's Conservation Program (included in Appendix III) and receive their monthly monitoring reports on water usage and review their quarterly progress reports to track the success of the program. Policy III.2.2: Within two years of the Plan's effective date, a landscaping ordinance will be adopted that limits the amount of sod in a landscape plan to 50% of lot size (calculated on the remaining parcel size after the dwelling unit foot print is subtracted) for all new development on Marco Island and encourages the use of native and drought tolerant plants permitted on Marco Island. Policy III.2.3: The County will encourage, to the best of their ability, the use and development of reclaimed water service on Marco Island. The County will take the steps necessary to encourage a reclaimed water service on Marco Island that will reduce the demand for potable water by 2 million gallons per day by December 2000 either through water conservation or the use of reclaimed water. Policy III.2.4: Within one year of the Plan's effective date, the County will adopt a water restriction ordinance for Marco Island that will restrict lawn irrigation, without an emergency being declared, to different times and days of the week depending on both address location and even /odd numbering, for areas that do not have reclaimed water service available for irrigation. -23- 111F, W OBJECTIVE III.3: The County shall support the potable water supplier's efforts to expand the capacity and dependability of the existing facility. POLICY III.3.1: The County, will encourage the potable water supplier to provide an adequate water supply to meet future demands that take into account quality, quantity, and cost. Policy III.3.2 The County, will encourage the water supplier to investigate the feasibility of upgrading the dependability of the water system and its projection from contamination to allow for full recovery of service within 2 weeks of any category 3 hurricane for 80% of their customers. Policy II1.3.3 The County will encourage, to the extent practical, the water supplier to investigate the feasibility of expanding its water treatment procedures and water source options. -24- SANITARY SEWER SYSTEM GOAL IV: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND AND COST EFFECTIVE WASTEWATER TREATMENT FACILITIES AND SERVICES. OBJECTIVE IVA: The County will encourage that wastewater treatment, collection, treatment and disposal facilities are made available to correct any possible deficiencies and to meet future growth, that meet or exceed the level of service standards established in this Plan. POLICY IV.1.1: The level of service (LOS) for wastewater treatment capacity will be 100 gallons per capita per day (gpcd) for Marco Island. This LOS contrasts with a calculated actual value of 88 gallons per capita day for 1994, and the County's Growth Management Plan Level of Service (LOS) of 121 gallons per capita day. POLICY IV.1.2: The County will encourage the Department of Health and Rehabilitative Services (HRS) to annually request the Department of Environmental Protection (DEP) to conduct annual water. quality tests in and adjacent to the waterways of Marco Island to be conducted within one year of the Plan's effective date. The purpose of these tests is to determine the fecal coliform and fecal strep count and to identify the source of these counts. These tests are to be taken in areas with a high concentration of septic tanks, areas with all units connected to sewer, areas where no development has occurred, and areas far enough away from septic tanks to provide a "background" for comparing data. The test results will be made available to the public. POLICY IV.1.3: The water in the canals shall meet the criteria cited in Chapter 62- 302.530 of the Florida Administrative Code for Class II Waters. This code cites the bacteriological quality criteria for fecal coliform bacteria to be most probable number shall not exceed a median value of 14 colonies per milliliter, with not more than 10% of samples exceeding 43 colonies per 100 milliliters nor any samples exceeding 800 colonies per 100 milliliters. -26- • POLICY IV.1.4: The test results will determine if there are water concerns and whether further installation of additional wastewater treatment facilities should be considered. The results from the testing will be presented to the residents of Marco Island at public meetings. If the results of the tests (as described) demonstrate that fecal coliform count exceeds the criteria for Class II Waters, then a County referendum will be taken, at the next regularly scheduled election, of the affected residents of Marco Island on whether to recommend to the Board of County Commissioners that it consider wasterwater treatment expansion. The referendum results will be presented to the Board of County Commissioners. If the referendum results are in favor of wastewater treatment expansion, it will be recommended to the Board of County Commissioners that a plan be prepared by the Division of Public Works. The plan shall begin the process to install wastewater treatment facilities and provide the capacity for connecting existing units on septic tanks and all new units on the wastewater treatment system. If the tests demonstrate that the fecal coliform count is within the criteria for Class II Waters, then septic tanks will be permitted as long as the fecal coliform and fecal strep count stays within the criteria. Policy IV.1.5 At a regularly scheduled election, the residents of Marco Island will determine by referendum a funding source to investigate and report to the residents of Marco Island other technologies for wastewater collection and /or treatment besides the conventional gravity sewer and septic tank systems. If the referendum fails this policy will be deleted. Policy IV.1.6 The County will encourage Health and Rehabilitative Services (HRS) to conduct an educational campaign on septic tank use and maintenance. -27- OBJECTIVE IV.2: The County, to the best of its ability, will promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and ground water supplies by developing and implementing an integrated, comprehensive strategy for the following policies. POLICY IV.2.1: The County, to the best of its ability, will encourage the installation of a reclaimed water line of sufficient capacity to distribute 2 MGD of effluent from the existing on -island waste treatment plant, or equivalent in terms of water conservation, to the most economically suitable and usable areas by December 2000. POLICY IV.2.2: The County, to the best of its ability, will coordinate the installation of the reclaimed water line and the sewer collection line to be most cost effective. POLICY IV.2.3: The County will provide preliminary design plans showing the size and location of the reclaimed water line and the sewer collection line as part of the conceptual design /streetscape plan identified in the Transportation Element of this Plan. These data will be used to coordinate the plans for road modification and the installation of bicycle paths and sidewalks. WX-M 8A TRANSPORTATION Goal V: TO ACHIEVE A NETWORK OF ROADS, BICYCLE PATHS, PEDESTRIAN FACILITIES AND TRANSIT THAT WILL CREATE AND MAINTAIN SAFE TRAFFIC MOVEMENTS THAT ENHANCE THE TROPICAL SMALL TOWN ENVIRONMENT OF MARCO ISLAND. Objective V.1 The Marco Island Future Traffic Circulation Map shall supersede the Future Traffic Circulation Map found in the Growth Management Plan as it applies to Marco Island and it will be used as a frame work to guide the future roadway planning on Marco Island. Policy V.1.1 Effective with the Plan's effective date, the number of road lanes will not be expanded, except for the development of a transit only lane. Policy V.1.2 By the year 2000, road capacity will be improved by intersection improvements. Policy V.1.3 To resurface all roadways on Marco Island, not scheduled for near term modifications, that have not been resurfaced within the last 15 years, estimated at 60 miles of roads. This program will be completed by December 1998. -29- FUTURE TRAFFIC CIRCULATION MAP w MARCO ISLAND `8 9141, PREPARED BT: GRAPHICS AND TE6 NICAL SUPPORT YCTIUN COMMUNITY DEKLOPMENT AND ENNROJMENTAL SERNCES DMSION DAIS: 1/96 Pa. HMI -]B %.DWG 2 LANE - M LANE POSSIBLE INTERSECTION MPROVEMENTS 9141, PREPARED BT: GRAPHICS AND TE6 NICAL SUPPORT YCTIUN COMMUNITY DEKLOPMENT AND ENNROJMENTAL SERNCES DMSION DAIS: 1/96 Pa. HMI -]B %.DWG 8A Objective V.2: To facilitate a smooth flow of traffic at safe speeds on all parts of Marco Island. Policy V.2.1 Effective with the Plan's effective date, all roadway travel lanes will not exceed 12 feet in lane width, to keep traffic moving at safe speeds similar to the preliminary design displayed on Exhibit C. Policy V.2.2 By the year 2000, roundabouts, raised crosswalks and other devices and street designs that calm and slow traffic may be used as needed to keep traffic speeds at safe and prudent levels. Policy V.2.3 To enhance pedestrian movements and safety, commercial and multi- family driveways will be managed to the maximum extent feasible through the use of reduced neck openings, a small turn radius and medians and shall be incorporated into the Marco Island development standards by the year 2000. Vegetation along property lines shall not hinder the motorists view of pedestrians and other sidewalk users. -31- [4' Exhibit C 1 I i 1O r r s�•' , 'a -32- YQ Typical 100' Section Two Lane Median Divided Roadway SAN MARCO RD. COLLIER BLVD. BALD EAGLE DR. SOUTH BARFIELD DRIVE a u� qn MARCO ISLAND snxra Typical 80' Section Two Lane Median Divided Roadway NORTH BARFIELD DRIVE HEATHWOOD DRIVE WINTERBERRY DRIVE ELKCAM CIRCLE KENDALL & MARCO ISLAND n�Or o� 8A Objective V.3: The 24 miles of roads identified on the Marco Island Facility Map will be modified to correct existing deficiencies and to enhance traffic movement. Policy V.3.1 Within one year of the Plan's effective date, a conceptual design /streetscape plan shall be initiated for each of the roads identified on the Facility Map and based on the preliminary concept plan displayed on Exhibit D, with public input and approval for the roads displayed on the Marco Island Facility Map that will at a minimum contain: 1. storm drainage system 2. median placement, width, and landscaping 3. location and placement of pedestrian crossings 4. location and placement of right and left turn lanes 5. type and location of street trees and other street landscaping; 6. placement of potential sewer and reclaimed water lines; 7. type and location of street lamps, to include high and low angle lighting; 8. type and location of street furniture; 9. an implementation schedule with priorities established; and 10. a financing mechanism Policy V.3.2 By 1999, the County will identify, by referendum held at a regularly scheduled election, an appropriate funding source from Marco Island for the 24 miles of roadways displayed on the Marco Island Facility Map for desired improvements as outlined in the Conceptual Design/ Streetscape Plan. (Sources may include impact fees, gasoline tax, sales tax, Municipal Service Taxing Unit (MSTU), state revenue sharing and other sources that may be identified.) Policy V.3.3 The Collier County Neighborhood Traffic Management Program (NTMP) will be available on all roads on Marco Island, except as provided for in the NTMP manual. Residents of Marco Island will be informed of the procedures to participate in the program. -33- MARCO ISLAND FACILITY TYPES 8 II CIO ARTERIAL ROAD COLLECTOR ROAD LOCAL COLLECTOR ROAD 34 PREPARED BY GRAPHICS AND TECHNICAL SUPPORT SECPON COMMUNITY DEVELOPMENT AND ENNRCNMENTAL SEANCES DINSIDN DATE'. 9/96 FILE! WI -J,DWL 8 Exhibit D I, t. d ..... .... ... ... MARCO ISLAND 10 It .... ... .... 01 Urban Design T m Framework r m,T-, . ........ Plan MAIL AIL -13 5 19 '6 M_ cz LEGEND I KEY 14 Adi,,ial AM Rwndabi,ul 6AM Gaewq C.... 12 ftblk Park SUW T,t,i, 411firti,ni Nblic facility OpPnoun,tl Patti" Rmi,vicini Bike Path 18 3 7 4 rk, EuAn�, -35- 8A Objective V.5 To complete a continuous bicycle and pedestrian transportation system by January 1, 2000. Policy V.5.1 All major roadways, as identified on the Marco Island Future Pedestrian and Bicycle System Map, will have a completed pedestrian system of 5' to 8' wide sidewalks, to be determined by the Conceptual Design /Streetscape Plan, by January 1, 2000. Policy V.5.2 All streets to the maximum extent possible, not identified on the Marco Island Future Pedestrian and Bicycle System Map, will have a completed pedestrian system of not less than 4' wide sidewalks by January 1, 2000. A procedure will be established to require the construction of sidewalks in front of vacant residential lots prior to the construction of the dwelling unit. Policy V.5.3 All major roadways, as identified on the Marco Island Future Pedestrian and Bicycle System Map, will have a completed bicycle system of 5 wide designated bicycle lanes by January 1, 2000. Policy V.5.4 Within one year of the Plan's effective date, South Collier, as identified on the Marco Island Future Pedestrian and Bicycle System Map, will be restriped to provide 6' wide designated bicycle lanes. Policy V.5.5 Within one year of the Plan's effective date, South Barfield Drive, as identified on the Marco Island Future Pedestrian and Bicycle System Map, will be restriped to provide 6' wide designated bicycle lanes, maintaining two lanes of traffic on both sides of the road. Policy V.5.6 Hernando Drive, Kendall Drive, and Tigertail Court, as identified on the Marco Island Future Pedestrian and Bicycle System Map, will have, to the extent possible, 5' designated bicycle lanes, serving Tigertail Beach, by January 1, 2000. Policy V.5.7 New commercial development, major renovations, and expansions shall be required in the Marco Island development standards to provide, at the time of construction, the pedestrian and bicycle facilities necessary to link the development to the pedestrian and bicycle system identified on the Bicycle and Pedestrian System Map. These facilities will be consistent with those identified on the map. -37- MARCO ISLAND FUTURE BICYCLE AND PEDESTRIAN SYSTEM 8 A ............ e' DIAF LArvas ......... 8' SIDAVALKS 6' SIDZWAL8S tu PREPARED BY GRAPHICS AND TECHNICAL SUPPORT SECI'ON COMMUNITY QEVELOPMENT AND ENVRONMENTA•_ 5ERVICE5 OIVIS!ON DATE'. 9/H AILE'. CCHP- 3? .DWG 8A Policy V.5.8 New public facilities, such as parks and community facilities, shall be required, in the Marco Island development standards, to provide at the time of construction, the pedestrian and bicycle facilities necessary to link the facility to the pedestrian and bicycle system identified on the Bicycle and Pedestrian System Map. These facilities will be consistent with those identified on the map. MWE • • Objective V.7 To reduce the need for single occupant automobile trips through strong incentives provided in support of walking, bicycling and transit. Policy V.7.1 Bicycle and pedestrian support facilities (bike racks, benches, water fountains, trash receptacles, etc.) shall be provided at all public recreational facilities by January 1, 2000. Policy V.7.2 Bicycle and pedestrian support facilities(bike racks, benches, water fountains, trash receptacles, etc.) shall be encouraged at all commercial destinations through amendments to the Land Development Code (LDC) which will provide incentives (i.e. a reduction in parking requirements) for providing the support facilities. Amendments to the LDC will be completed within one year of Plan adoption. -41- 8A Objective V.8 To encourage & promote public transportation to satisfy the trip making demands of Marco Islands tourists, employees, and residents. Policy V.8.1 Develop an overall transit master plan for Marco Island that considers the needs of Marco's permanent and part -time residents, businesses (employers & employees), and tourists. Policy V.8.2 To the maximum extent possible, meet the increases in Marco Island's travel demand through new and expanded public transportation services and other non - motorized modes. Policy V.8.3 Allow only the development of safe, efficient, convenient, and aesthetically acceptable transit alternatives that protect the quality of Marco Island's environment. Policy V.8.4 Alternative fuels (i.e., electric, solar, natural gas) and technologies (i.e., personal rapid transit, street cars, water taxi) shall be thoroughly evaluated for application to serve Marco Island's future Public Transportation needs. Policy V.8.5 The Land Development Code shall be amended to include geometric design criteria for potential transit routing to provide for adequate stopping areas, safe pedestrian crossings and proper visibility to facilitate efficient transit operations for all future non - single - family development. Policy V.8.6 Land use incentives shall be developed that encourage developers to construct transit and non- motorized facilities as part of new and existing development. -42- • Objective V.9 To provide for the safe and predictable movement of pedestrians, bicyclists and motorists. Policy V.9.1 Within one year of the Plan's effective date, the Metropolitan Planning Organization (MPO) will publish and distribute important bicycle, pedestrian and motorist safety messages through bike shops, schools, libraries, radio and television announcements. Policy V.9.2 Within one year of the Plan's effective date, the Safe Cycling Program and Pedestrian Safety Program, developed by the MPO to improve the traffic, bicycle, and pedestrian safety related knowledge and skill levels of bicyclists and pedestrians, shall be conducted on Marco Island annually. Policy V.9.3 In cooperation with the Collier County School Board, the MPO shall continue to support the bicycle safety program currently conducted at Tommy Barfield Elementary School by providing technical assistance. Policy V.9.4 The MPO shall assist in updating and re- publishing the Marco Island Bicycle Guide as major changes occur in the bicycle system. Policy V.9.5 Within one year of the Plan's effective date, the commercial, multi - family, and condominium units along major roadways, shall be encouraged to provide signage that reminds motorists to scan the sidewalk and yield to sidewalk users when exiting driveways. -43- • RECREATION AND OPEN SPACE GOAL VI: TO ENHANCE MARCO ISLAND'S OPEN SPACE AND RECREATIONAL OPPORTUNITIES WHILE MAINTAINING ITS TROPICAL SMALL TOWN CHARACTER. OBJECTIVE VIA To develop additional recreational and open space sites on Marco Island and maintain and enhance the existing sites. Policy VI.1.1 Within one year of the Plan's effective date, if feasible, the purchase of vacant property parks and /or community/ cultural centers. the County will investigate and negotiate, on Marco Island that is suitable for future Policy VI.1.2 Within one year of the Plan's effective date, the County will investigate and negotiate if feasible, Tract K on Marco Island to transfer ownership from the Collier County School Board to Collier County Board of County Commissioners and develop as a community park. Policy VI.1.3 Within one year of the Plan's effective date; the County will investigate designating Tract D on Heathwood Drive as a Neighborhood Park /open space and begin public input on potential improvements. Policy VI.1.4 Public meetings will be held by the Parks and Recreation Department, to seek input from the residents of Marco Island on the design of all public recreational facilities to be built or expanded on Marco Island. Policy VI.1.5 Within one year of the Plan's effective date, the County will investigate and create a mechanism to establish a dedicated 20 foot pedestrian promenade easement along major bulkheaded undeveloped parcels of property zoned commercial and a 10 foot wide dedicated easement from the promenade to the nearest public access. Policy VI.1.6 Within one year of the Plan's effective date, the County will create a separate Marco Island Community Park Impact Fee District for Marco Island. Policy VI.1.7 After the County has reviewed and made recommendations on the Level Of Service (LOS) standard for community parks through the Evaluation and Appraisal Report (EAR), a re- evaluation of the LOS will be done for Marco Island to assure that it is compatible with the policies outlined in this Plan. -44- A1 Objective VI.2 Ensure that public access to beaches and waterways of Marco Island are maximized and maintained. Policy VI.2.1 Within one year of the Plan's effective date, the County will investigate acquiring additional beach access across from Spruce Avenue and, if feasible, will add the project to the Capital Improvements Element. Policy VI.2.2 The County shall coordinate with the appropriate State Agencies to obtain final approval of a Beachfront Management Plan for Marco Island by 1997. Policy VI.2.3 At a regularly scheduled election, the residents of Marco Island will determine by referendum a funding source to investigate the feasibility of connecting the northwest and southwest and the northeast and southeast quadrant of waterways that are currently blocked by roads. Policy VI.2.4 At a regularly scheduled election, the residents of Marco Island will determine by referendum a funding source to prepare a plan for the maintenance of navigable waterways, including canals on Marco Island. The Plan shall contain permitting feasibility, a maintenance schedule, and costs. If the referendum fails this policy will be deleted. -46- 8A CAPITAL IMPROVEMENT PLANNING GOAL VII: THE CAPITAL IMPROVEMENT PROJECTS IDENTIFIED IN THIS PLAN WILL BE PROVIDED IN A TIMELY AND EFFICIENT MANNER AS FINANCIALLY FEASIBLE. OBJECTIVE VII.1 The following list of projects and schedule (exhibit E) will be used as a frame work to guide the future capital improvements that will improve and replace existing infrastructure in order to enhance the tropical small town environment of Marco Island: 1. Design and construction of a reclaimed water line to provide 2 million gallons of water per day to appropriate customers. Design Phase will begin within one year after funding source has been identified and construction will be completed by the year 2000. 2. If the water quality study indicates a high level of fecal coliform, and based on referendum results, it is the desire of Marco Island Residents to install the sewer lines, then sewer collection lines will be installed on the island. Design phase will begin within one year of determination of need. The system, if warranted, will be completed by the year 2000. y 3. Design and construction of a sub - surface piped drainage system as defined in the conceptual design /streetscape plan to serve the major roadways identified on the Future Traffic Circulation Map. Design will begin within one year of the completion of the conceptual/ design plan and the funding source is identified. Construction will be completed by the year 2000. 4. Design and construction of bicycle and pedestrian facilities as identified on the Marco Island Future Bicycle and Pedestrian System Map and consistent with the conceptual design /streetscape plan. Design will begin within one year of the completion of the conceptual/ design plan and the funding source is identified. Construction will be completed by the year 2000. 5. Design and reconstruction of existing roadways to improve traffic circulation as determined by the conceptual design/ s tree tscape plan. Design will begin within one year of the completion of the conceptual/ design plan and the funding source is identified. Construction will be completed by the year 2000. -47- 8A 6. Resurfacing of all other roads that are not under the conceptual design plan by December 1998. 7. If feasible, design and Construction of neighborhood park features for Tract D on Heathwood Drive. Design will begin within one year of identification of funding source. Construction will be completed by 2000. 8. If feasible, the purchase of vacant property that is suitable for future parks and /or community centers and design and construction of identified improvements on these properties. If feasible, purchase will made as soon as funding source is identified and design and construction will be completed by the year 2000. 9. If feasible, the purchase of vacant property to create an additional beach access point, and design and construction of identified improvements. If feasible, purchase will be made within one year of identification of funding source. Design and construction will be completed by the year 2000. Policy VII.1.1 Within one year of the Plan's effective date, the conceptual design/ s tree tscape plan identified in the Transportation Element will be initiated and used to establish criteria for setting priorities and coordination of improvements. Policy VII.1.2 The results of the conceptual design /streetscape plan and the reclaimed water line and, if appropriate, sewer collection lines will be incorporated into an overall construction plan with segment phasing and schedule to be initiated by 1997. Policy VII.1.3 By 1997, annual maintenance costs will be calculated for all capital projects and a funding source will be identified prior to the start of construction. Policy VIIJA Timelines provided in this Plan are contingent upon appropriate funding levels and may be modified. -49- 8A . OBJECTIVE VII.2 Appropriate funding sources to be used exclusively on Marco Island for design, construction, and maintenance for projects listed in this Plan will be selected by referendum by the residents of Marco Island. All referendums will be scheduled consistent with county- wide policies and election cycles. Policy VII.2.1 A County referendum will be taken at a regularly scheduled election of the residents of Marco Island to select a funding sources to implement the projects and policies identified in this Plan. Policy VIII.2.2 The County will analyze all existing funding sources to determine if any of the funds can be allocated to any of the projects outlined in this Plan. Policy VIII.2.3 The Plan will be modified and amended if dedicated funding sources from Marco Island are not approved by referendum so that the County is not required to fund any of the programs that are above the base level of services provided to all residents of the County. -so- COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARIN *8B To: Clerk to the Board: Please place the following as a: a XXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) ****** w****«, r*****, r, r.«*** w«***, r*****, rr►*, r***, rrr*******, r*****************, r**, r*, r, rrr * * * « * *,r,r * * * * * * * * * * * * *,r * ** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Fred Reischl Date: l2, ( 0 Petition No. (If none, give brief description): PUDZ- 2003 -AR -3905, Carlisle Regency PUD Petitioner: (Name & Address): Terrance Kepple, Kepple Engineering, Inc., 3806 Exchange Ave., Naples, Fl. 34104 Name & Address of any persons) to be notified by Clerk's Office: Stewart I. Marcus, Tr., 3225 Aviation Ave., Ste. 700, Coconut Grove, Fl. 33133 I Hearing before 0 BCC 0 BZA 0 Other Requested Hearing date: December 16, 2003 based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: PUDZ- 2003 -AR -3905, Terry Kepple, of Kepple Engineering, Inc., representing Stewart Marcus, requesting a rezone from "RSF -1" to "PUD" Planned Unit Development to be known as the Carlisle Regency PUD. The project will consist of a maximum of 35 residential dwelling units and is located at the southeast corner of the intersection of Orange Blossom Drive and Yarberry Lane, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1.17± acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 113 - 138312- 649110 Reviewed by: epartment Head Date List Attachments: 0 No If Yes, what account should be charged for advertising costs: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: t �l l " (� -% Date of Public hearing: Date Advertised: ORDINANCE NO. 03 - 89 .; AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NUMBER 91 -102, AS AMENDED), WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9502S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -1" TO PLANNED UNIT DEVELOPMENT (PUD) TO BE KNOWN AS THE CARLISLE REGENCY PUD LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND YARBERRRY LANE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.9± ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Terrance Kepple, PE, of Kepple Engineering Inc., representing Stewart I. Marcus, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from "RSF -1" to Planned Unit Development (PUD) in accordance with the Carlisle Regency PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9502S as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form Legal ficiency Patrick G. White Assistant County Attorney P UDZ-2003 -AR-3 905/FR/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA offi TOM HENNING, CHAIRMAN ' d 2ND RE- SUBMITTAL PUDZ- 2003 -AR -3905 PROJECT #2002100034 DATE: 9/30/03 FRED REISCHL Carlisle Regency PUD A Planned Unit Development Prepared for: Stewart Marcus 3225 Aviation Ave. Ste 700 Miami, Florida, 33133 Prepared by: Kepple Engineering, Inc. 3806 Exchange Ave. Naples, FL 34104 Date Filed Date Revised Date Reviewed by CCPC Date Approved by BCC Ordinance Number Exhibit "A" Table of Contents Table of Contents List of Exhibits Statement of Compliance Section I Property Ownership and Description Section II Project Development Requirements Section III Residential Areas Plan Section IV Development Commitments I Page I II 1 2 -3 4 -5 6 -10 11 -14 P 86 List of Exhibits Exhibit "A" PUD Master Plan Exhibit "B" PUD Water Management Plan II ii STATEMENT OF COMPLIANCE The development of approximately 11.7 +/- acres of property in Collier County, as a Planned Unit Development to be known as Carlisle Regency PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Carlisle Regency PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons. 1. The location of the subject property in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1G of the FLUE. 5. The project development is planned to protect the functioning of natural drainage features and natural ground water aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 6. The project is located within the Urban Mixed Use District, Urban Residentaial Subdistrict. The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density 4 dwelling units /acre Traffic Congestion Area - 1 dwelling unit/acre Maximum Permitted Density 3 dwelling units /acre 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. 1 •i 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 project name of the Carlisle Regency PUD. 1.2 LEGAL DESCRIPTION The subject property being 17.9 +/- acres, is located in Section 2, Township 49 South, Range 25 East, and is fully described as: SE 1/a of NW 1/ of SE 1 /a, Sec 2, Twp 49, Rng 25 E less W 30 feet for R/W 1.3 PROPERTY OWNERSHIP The subject property is owned by: Stewart Marcus, Trustee 3225 Aviation Ave. Ste 700 Miami, FL 33133 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the South side of Orange Blossom Dr. immediately east of Yarberry Lane. B. The project site is currently zoned RSF -1 and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Airport Rd. Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Airport Rd canal, via the Carlisle PUD detention system. The peak discharge rate from the design storm will be limited to 0.06 cubic feet per second/acre per Collier County Ordinance No. 90 -10. Natural ground elevation is approximately 10.0 feet NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. 2 W40 8 The water management system for the project proposed the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site detention system prior to discharge to the Carlisle PUD water management system and Airport Road canal. The water management system will be permitted by Collier County in accordance with the South Florida Water Management District ( SFWMD) requirements. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.06 cfs /acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre- treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. The site was used as a farm many years ago and the vegetation consists primarily of exotic vegetation with some minimal second growth Slash Pine and Cabbage Palm. 1.6 PROJECT DESCRIPTION The Carlisle Regency PUD is an age- restricted residential project composed of a maximum of 35 residential units. These residential units are projected to be developed as: detached single - family homes or two - family dwellings. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carlisle Regency Planned Unit Development Ordinance ". 3 fit SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Carlisle Regency 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 LDC and GMP 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, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carlisle Regency PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall 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 Adequate Public Facilities of the Collier County LDC at the earliest, or next, to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 35 dwelling units shall be constructed in the residential areas of the project. The gross project area is 11.7 +/- acres. The gross density shall be a 4 i maximum of 2.99 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", the PUD Master Plan, which 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 LDC, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the LDC, 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 dedication to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 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 2.6.33.4 of the Collier County LDC. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the LDC. 2.6 PROVISION 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 also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off -site removal shall be limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 5 SECTION III 0"88 RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 35 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 following: A. Permitted Principal Uses and Structures: 1. Single family dwellings (includes zero -lot line). 2. Two family dwellings and duplexes. 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, walking paths, picnic areas, recreation buildings, verandas, and shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units, (Sec. 2.5, as applicable). 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including those within any natural habitat areas. 2 7. Recreational facilities, such as boardwalks, walking paths an i c areas within any natural habitat areas. 8. Supplemental landscape planting within natural habitat areas. 9. Any other accessory use deemed comparable by the Community Development and Environmental Services Administrator. 10. Carports and garages. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carlisle Regency PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. B. Off Street Parking and Loading Requirements: As required by Division 2.3 of the LDC in effect at the time of building permit application. 7 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE FAMILY Minimum Lot Area (per unit) 6,000 Sq. Ft. Minimum Lot Width 50' Interior Lots (1) 60' Corner Lots Front Yard Setback 20' Side Yard Setback 0' & 10' or both 5' Rear Yard Setback: Principal Structure 20' Accessory Structure 10' PUD Boundary Set- back: 2 stories with a maximum of 35' Principal Structure NA Accessory Structure 1200 Sq. Ft. Lake Setback 20' Distance Between 10' Principal Structures: Distance Between 10' Accessory Structure: Maximum Height; Principal Building 2 stories with a maximum of 35' Accessory Building 20' /Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. Minimum carport or garage per unit 1 car garage 8 8 TWO FAMILY 5,000 Sq. Ft. 90' Interior Lot (1) (45') (2) 110' Corner Lots (55') (2) 20' 0' & 10' or both 5' 20' 10' NA NA NA 20' 10' 10' 2 stories with a maximum of 35' 20' /Clubhouse 35' 1100 Sq. Ft. 1 car garage (1) Lot width may be calculated per LDC for cul -de -sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2 family structure is on an individually platted lot. 8 C. Open Space/Natural Habitat Preserve Area Requirements 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the LDC, shall be provided on -site. 2. A minimum of twenty five (25) percent of the viable naturally functioning native vegetation on -site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on -site, as described in Section 3.9.5.5.3 of the LDC. D. Landscaping and Buffering Requirements: 1. Landscape requirements shall be in accordance with the Collier County LDC, at time of permitting. 2. Preservation of existing vegetation on the perimeter of the project will constitute the required landscape buffering, if the existing vegetation meets or exceeds the minimum requirement. 3. A minimum of 2 canopy trees is required for each lot. E. Architectural Standards 1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet. F. Signs Signs shall be permitted as described within Division 2.5 of the Collier County LDC. 9 4.1 PURPOSE 4.2 4.3 4.4 *"% RR SECTION IV DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC 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, its successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. PUD 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 LDC, 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. SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in two (2) or three (3) phases. B. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Er a M C. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 4.5 ENGINEERING A. This project shall be required to meet all applicable County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of Division 3.2, Subdivision, of the Collier County LDC. 4.6 WATER MANAGEMENT A. The water management system shall be permitted by Collier County in accordance with SFWMD requirements. B. An Excavation Permit will be required for all lakes in accordance with Division 3.5 of the Collier County LDC and SFWMD rules. C. Lake setbacks from the perimeter of the PUD may be reduced to twenty -five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES A. Central water distribution shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights - of -way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. All water facilities constructed on private property and not required by the County to be located within County Utility Easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the water facilities within the project the facilities shall be tested and inspected to insure they meet Collier County State and Federal requirements at which time they shall be conveyed to the Collier County Water /Sewer District, when required by the Public works Divisions, Water Department, prior to being put into service. B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution system shall be reviewed and approved by the Engineering Review Services Department prior to 11 :�"'-88 M ow" i commencement of construction. C. The tie -in to the County Regional Water system shall be made to the existing water main on Orange Blossom Drive. Main sizing on the site shall be determined by Section 3.2.8.4.8. of the Collier County LDC. Potable water for fire -flows shall be of sufficient quantity, as determined by the North Naples Fire Control District, for the purpose of fire fighting at the furthest point from the proposed tie -in. D. Utility -stubs for future system interconnects with adjacent properties shall be provided as determined by the Public Works Division and the developer during the design phase of the project. 4.8 SEWER A. Sewage collection system shall be constructed throughout the project by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights -of -way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposed pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the sewer facilities within the project, the facilities shall be tested and inspected to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Development Services, Engineering Review Section, prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the sewer facilities and prior to issuance of certificates of occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by Public Works, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. B. All construction and technical specifications and proposed plats, if applicable, for the proposed sewage collection system shall be reviewed and approved by the Engineering Review Department prior to commencement of construction. 4.9 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required 12 by the LDC. B. Arterial, level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site - related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, and Division 3.15 of the LDC, as amended. E. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right - of -way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. 13 K. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. 4.10 PLANNING A. Pursuant to Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 4.11 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Review Department Staff. B. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Review Staff. C. An exotic vegetation removal monitoring and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Review Department Staff for review and approval prior to final site development plan/construction plan approval. D. Existing native vegetation shall be preserved in accordance with the LDC requirements. 14 DELETED ITEMS (DO NOT PRINT) A. The applicant shall be responsible for the installation of arterial level street lighting at the project entrance onto Orange Blossom Dr., prior to the issuance of any Certificate of Occupancy. B. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the Development. C. Road Impact Fees shall be paid in accordance with Ordinance 92 -22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Road impact fees shall be computed in accordance with the applicable category as set forth in the referenced Ordinance. D. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways. If access is to be controlled by means of a gatehouse or card- controlled gate, the gate or gatehouse shall be designed, located and operated so as not to permit such vehicular backup. A minimum throat length for vehicle stacking shall be 75'. Where the expected Peak Hour traffic volumes are equal to or greater than 30 vehicles, the minimum throat length shall be 100'. E. The applicant shall contribute a fair share toward the cost of traffic signals at the project entrance, if and when deemed warranted by the County. Such traffic signals shall be owned, operated and maintained by the County. F. Compensating right -of -way will be provided for construction of turn lanes required for access to this project. Turn lane design shall meet the minimum standards required by Collier County for the turning movements. 15 YT T 0 T 1 1 1 T 0 u 0 u 'n 1 r r 0 T ;l 1 — -T — — ��3 b ids, 9 n j �5 osR o \\,�\s U ; J yy�y rrjY� rE °.� n- 0 a� a ti a, 0 ti b U 0 a 0 is M d U ------------- i U z1 CCq oz I } i d m q d a amol uo�;uaja�j A, X;unOO 'x3 U i� i. a �a c AI f £ U Z� �; of ,(}iipnp i zv i i ai S ll pnp l *jDM I ------ - -- - -- ---- --------- ---- ---- - -�. _M� ------ --- --- ----- ---- ------ --- --- ; --------------------------------- �\ J ataa�� Puod im ISM NW } NNW a \� C ♦ -� o &R Z ° &g 1Y �117�0 O N; W ,331 J iI ;N for �ww I�h �Nr;pp1'�' �ZNFJ OZ -F�-S i z1 oz I } i ^r November 19, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ- 2003 -AR -3905 — Carlisle Regency PUD Dear Georgia: Please advertise the above referenced notice on Sunday, November 30, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account 4 113 - 138312 - 649110 •r t NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, December 16, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NUMBER 91 -102, AS AMENDED), WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9502Sy BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -1" TO PLANNED UNIT DEVELOPMENT (PUD) TO BE KNOWN AS THE CARLISLE REGENCY PUD LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND YARBERRY LANE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.9 + /- ACRES] AND PROVIDING AN EFFECTIVE DATE. Petition PUDZ- 2003 -AR -3905, Terry Kepple, of Kepple Engineering, Inc. representing Stewart Marcus, requesting a rezone from "RSF -1" to "PUD" Planned Unit Development to be known as the Carlisle Regency PUD. The project will consist of a maximum of 35 residential dwelling units and is located at the southeast corner of the intersection of Orange Blossom Drive and Yarberry Lane, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1.17 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ann Jennejohn, Deputy Clerk (SEAL) ,County of Collier: 11 CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 19, 2003 Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Ave. Naples, FL 34104 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3905 - Carlisle Regency PUD Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK NM- . Ann Je e j oh Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collienfl.us Email- collierclerkna clerk collier fl us County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 19, 2003 Stewart I. Marcus, Tr. 3225 Aviation Ave., Ste. 700 Coconut Grove, FL 33133 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3905 - Carlisle Regency PUD Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.fl us Ann P. Jennejohn To: Subject: Georgia (E -mail) Advertising PUDZ- 2003 -AR -3905 Please advertise the attached on Sunday, November 30th, 2003 Thanks Georgia! Ann PUDZ- 2003 -AR -390 5(1).doc Minutes & Records wC PUDZ - 2003 -AR -390 5.doc 1 0: 8 . Ann P. Jennejohn From: postmaster @clerk.collier.fl.us Sent: Wednesday, November 19, 2003 2:42 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) ATT580141.txt PUDZ- 2003 -AR -390 5 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jennejohn 88 From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, November 19, 2003 2:32 PM To: Ann P. Jennejohn Subject: Delivered: PUDZ- 2003 -AR -3905 ,;, W PUDZ- 2003 -AR -390 5 <<PUDZ- 2003 -AR- 3905» Your message To: Georgia (E -mail) Subject: PUDZ- 2003 -AR -3905 Sent: Wed, 19 Nov 2003 14:41:50 -0500 was delivered to the following recipient(s): legals on Wed, 19 Nov 2003 14:32:14 -0500 1 PUDZ- 2003 -AR -3905 Ann P. Jennejohn From: legals [legals @naplesnews.com] Sent: Wednesday, November 19, 2003 2:52 PM To: Ann P. Jennejohn Subject: RE: PUDZ- 2003 -AR -3905 rcvd to run nov. 30 georgia - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Wednesday, November 19, 2003 2:42 PM To: Georgia (E -mail) Subject: PUDZ- 2003 -AR -3905 Please advertised the attached on Sunday, November 30, 2003 Page 1 of 1 Thanks again! Ann Minutes & Records «PUDZ- 2003- AR- 3905.doc>> «PUDZ- 2003- AR- 3905(1).doc>> 11/19/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on November 30th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of l year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 2nd day of December ,2003 1k. , (Signature of notary public) ?o °: Harriett Bushong MY COMMISSION # DD234689 EXPIRES July 24, 2001 BONDED THRU TROY FAIN INSURANCE, INC im PUP AR•3905 ORDINANCE rO in on Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for Inspection. All Inter- am ►do =b heard. NOTE: All persons wish - Ing to speak on any agendet tta must regis- ter with thm e County ad- s as 1011OWS: ndtVtdua� speaKers wm No 6 ANCE OF THE )F COUNT Amited. -to minutes on , item The selec- tton of+tn individual to IIONF�RS OF speak on behalf of an DUMB T FLORI• organization or group Is )ING THE COL encouraged. t recog- iTY E nized by the Chairman. for T CODE D JMBER 9 •102, I a spokesperson al, groupp or organization RED), NlHICH THE GOIPRE• may be allotted 10 min - utes to speak on an CONING . EGU- Item. zOR THE UNIN- TED AREA OF Persons wishing to ,OUNTY. FLORI- have written or graphic materials Included In MENDING THE ZONING ATLAS zoNIN the Board agenda Pack• ets must submit said D'95025, LING 20N- material a minimum of 3 weeks prior to the re- ISIFIC�FION OF KIN SCRIBED sPe�cctyiive public hearing. ,OPERTY FROM TO PLANNED In case, d written b b the Board KV E KNOWN AS 1 BE KNOWN AS tUSLE REGENCY Conskfered shall be submitted to the appro� prlate County staff a mfllimum of sev. GATED AT THE LST CORNER OF en days prior to the ppublic (tearing. All ma' rERSECTION OF YARBER M terlal used in presenta' tions before the Boarc 4ND will become a Perma corner Dn of 1.17 + Any person who decides to appeal a decision of the Board will need a re- rnony and eviden unan which the apps BOARD OF COUNTYI COMMISSIONERS COLLIER COUNTY, FLORIDA TTOON HENNING, CHAIR - CLERK HT E. BROCK, By: /s /Ann Jennelohn, 0 Cleft Nov. 30 No_ 3 +Z ORDINANCE NO. 03 - 6 6 89 " AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NUMBER 91 -102, AS AMENDED), WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9502S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -1" TO PLANNED UNIT DEVELOPMENT (PUD) TO BE KNOWN AS THE CARLISLE REGENCY PUD LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND YARBERRRY LANE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.9+ ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Terrance Kepple, PE, of Kepple Engineering Inc., representing Stewart I. Marcus, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from "RSF -111 to Planned Unit Development (PUD) in accordance with the Carlisle Regency PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9502S as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this I (o" day of_bQdc 1het- aC;03 s 643 * �� \� Approvedhs to oirn ` Lego c r V�'V 11hh Patrick G. White Assistant County Attorney PUDZ - 2003 -AR -3 905 /FR/lo BOARD OF COUNTY COMMISSIONERS COLLIER CO"NG,CH A BY: TOM HE A CARLISLE REGENCY A RESIDENTIAL PLANNED UNIT DEVELOPMENT Prepared for: Stewart Marcus 3225 Aviation Avenue, Suite 700 Miami, Florida 33133 Prepared by: Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 Date Filed Date Revised Date Reviewed by CCPC Date Approved by BCC /;k - Ito-CA Ordinance Number 20o 3 - G G EXHIBIT "A" Table of Contents Table of Contents List of Exhibits Statement of Compliance Section I Property Ownership and Description Section II Project Development Requirements Section III Residential Areas Plan Section IV Development Commitments I � 1 Page I II 1 2 4 6 11 PUD Master Plan PUD Water Management Plan List of Exhibits II Exhibit "A" Exhibit `B" `8B STATEMENT OF COMPLIANCE The development of approximately 11.7 +/- acres of property in Collier County, as a Residential Planned Unit Development to be known as the Carlisle Regency PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Carlisle Regency PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons. 1. The location of the subject property in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1 G of the FLUE. 5. The project development is planned to protect the functioning of natural drainage features and natural ground water aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 6. The project is located within the Urban Mixed Use District, Urban Residentaial Subdistrict. The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density 4 dwelling units /acre Traffic Congestion Area - 1 dwelling unit /acre Maximum Permitted Density 3 dwelling units /acre 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. 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 project name of the Carlisle Regency PUD. 1.2 LEGAL DESCRIPTION The subject property being 11.7 +/- acres, is located in Section 2, Township 49 South, Range 25 East, and is fully described as: SE %4 of NW '/4 of SE '/4, Sec 2, Twp 49, Rng 25 E less W 30 feet for R/W 1.3 PROPERTY OWNERSHIP The subject property is owned by: Stewart Marcus, Trustee 3225 Aviation Ave. Ste 700 Miami, FL 33133 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the South side of Orange Blossom Dr. immediately east of Yarberry Lane. B. The project site is currently zoned RSF -1 and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Airport Rd. Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Airport Road canal, via the Carlisle Regency PUD detention system. The peak discharge rate from the design storm will be limited to 0.06 cubic feet per second /acre per Collier County Ordinance No. 90 -10. Natural ground elevation is approximately 10.0 feet NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. 2 The water management system for the project proposed the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site detention system prior to discharge to the Carlisle Regency PUD water management system and Airport Road canal. The water management system will be permitted by Collier County in accordance with the South Florida Water Management District ( SFWMD) requirements. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.06 cfs /acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre- treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. The site was used as a farm many years ago and the vegetation consists primarily of exotic vegetation with some minimal second growth Slash Pine and Cabbage Palm. 1.6 PROJECT DESCRIPTION The Carlisle Regency PUD is an age- restricted residential project composed of a maximum of 35 residential units. These residential units are projected to be developed as: detached single - family homes or two - family dwellings. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carlisle Regency Residential Planned Unit Development Ordinance ". 3 d*01,08 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Carlisle Regency 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 LDC and GMP 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, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carlisle Regency PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall 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 Adequate Public Facilities of the Collier County LDC at the earliest, or next, to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 35 dwelling units shall be constructed in the residential areas of the project. The gross project area is 11.7 +/- acres. The gross density shall be a 4 maximum of 2.99 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", the PUD Master Plan, which 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 LDC, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the LDC, 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 dedication to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 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 2.6.33.4 of the Collier County LDC. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the LDC. 2.6 PROVISION 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 also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off -site removal shall be limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 5 #"*P R "I SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 35 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 following: A. Permitted Principal Uses and Structures: 1. Single family dwellings (includes zero -lot line). 2. Two family dwellings and duplexes. 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, walking paths, picnic areas, recreation buildings, verandas, and shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units, (Sec. 2.5, as applicable). 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including those within any natural habitat areas. 3 • i L4 7. Recreational facilities, such as boardwalks, walking paths and picnic areas within any natural habitat areas. 8. Supplemental landscape planting within natural habitat areas. 9. Any other accessory use deemed comparable by the Community Development and Environmental Services Administrator. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carlisle Regency PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. A minimum distance of twenty three feet shall be maintained between a front - loaded garage and the inner edge of the sidewalk. 2. If the parcel is served by a non platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. A minimum distance of twenty three feet shall be maintained between a front - loaded garage and the inner edge of the sidewalk. B. Off Street Parking and Loading Requirements: As required by Division 2.3 of the LDC in effect at the time of building permit application. 7 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE FAMILY Minimum Lot Area (per unit) 6,000 Sq. Ft. Minimum Lot Width 50' Interior Lots (1) 60' Corner Lots Front Yard Setback 20' Garage (front access) 23' Garage (side access) 20' Side Yard Setback 0' & 12' or both 6' Rear Yard Setback: Principal Structure 20' Accessory Structure 10' PUD Boundary Set- back: Principal Structure NA Accessory Structure NA Lake Setback 20' Distance Between 10' Principal Structures: Distance Between 10' Accessory Structure: Maximum Height; Principal Building 1 story with a maximum of 35' story Accessory Building 20' /Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. Minimum carport or garage per unit 1 car garage • i TWO FAMILY 5,000 Sq. Ft. 90' Interior Lot (1) (45') (2) 110' Corner Lots (55') (2) 20' 23' 20' 0' & 12' or both 6' 20' 10' NA NA 20' 10' 10' 1 story with a maximum of 35' 20' /Clubhouse 35' 1100 Sq. Ft. 1 car garage (1) Lot width may be calculated per LDC for cul -de -sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2 family structure is on an individually platted lot. NOTE: Common area pool, clubhouse or recreational amenities setback (all yards):20 feet 88 C. Open Space /Natural Habitat Preserve Area Requirements 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the LDC, shall be provided on -site. 2. A minimum of twenty five (25) percent of the viable naturally functioning native vegetation on -site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on -site, as described in Section 3.9.5.5.3 of the LDC. D. Landscaping and Buffering Requirements: 1. Landscape requirements shall be in accordance with the Collier County LDC, at time of permitting. 2. Preservation of existing vegetation on the perimeter of the project will constitute the required landscape buffering, if the existing vegetation meets or exceeds the minimum requirement. 3. A minimum of 2 canopy trees is required for each lot. E. Architectural Standards 1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet. F. Signs Signs shall be permitted as described within Division 2.5 of the Collier County LDC. 9 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE RB ' The purpose of this Section is to set forth the commitments for the development of this project. 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 regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. These developer commitments will be enforced through the provisions agreed to and included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors and assigns, regardless of turnover or not to any property owners' association. The developer, its successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 4.3 PUD 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 LDC, 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. 10 R91**" 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in two (2) or three (3) phases. B. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. C. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 4.5 ENGINEERING A. This project shall be required to meet all applicable County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of Division 3.2, Subdivision, of the Collier County LDC. 4.6 WATER MANAGEMENT A. The water management system shall be permitted by Collier County in accordance with SFWMD requirements. B. An Excavation Permit will be required for all lakes in accordance with Division 3.5 of the Collier County LDC and SFWMD rules. C. Lake setbacks from the perimeter of the PUD may be reduced to twenty -five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES A. Central water distribution shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights - of -way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. All water facilities constructed on private property and not required by the County to be located within County Utility Easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the 11 AB water facilities within the project the facilities shall be tested and inspected to insure they meet Collier County State and Federal requirements at which time they shall be conveyed to the Collier County Water /Sewer District, when required by the Public works Divisions, Water Department, prior to being put into service. B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution system shall be reviewed and approved by the Engineering Review Services Department prior to commencement of construction. C. The tie -in to the County Regional Water system shall be made to the existing water main on Orange Blossom Drive. Main sizing on the site shall be determined by Section 3.2.8.4.8. of the Collier County LDC. Potable water for fire -flows shall be of sufficient quantity, as determined by the North Naples Fire Control District, for the purpose of fire fighting at the furthest point from the proposed tie -in. D. Utility -stubs for future system interconnects with adjacent properties shall be provided as determined by the Public Works Division and the developer during the design phase of the project. 4.8 SEWER A. Sewage collection system shall be constructed throughout the project by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights -of -way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposed pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the sewer facilities within the project, the facilities shall be tested and inspected to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Development Services, Engineering Review Section, prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the sewer facilities and prior to issuance of certificates of occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by Public Works, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. B. All construction and technical specifications and proposed plats, if applicable, for the proposed sewage collection system shall be reviewed and approved by the Engineering Review Department prior to commencement of construction. 12 Fa el:U411M 4.9 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site - related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, and Division 3.15 of the LDC, as amended. E. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right- 13 PR of -way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. L. Prior to issuance of the first CO, the developer shall improve Yarberry Lane to a width of 24 feet of paved right -of -way from Orange Blossom Drive to the entrance of the Carlisle Regency PUD. From the entrance of the Carlisle Regency PUD to the south property line, the developer shall taper the width of the paving to align with the existing paved right -of -way. 4.10 PLANNING A. Pursuant to Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 4.11 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Review Department Staff. B. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Review Staff. C. An exotic vegetation removal monitoring and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be 14 PR A* --4'*f submitted to Environmental Review Department Staff for review and approval prior to final site development plan/construction plan approval. D. Existing native vegetation shall be preserved in accordance with the LDC requirements. 15 PRj'0 -4 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8:30 A.M., Thursday, < >, <> , 2004, in the Board of County Commissioners Meeting Room, 3`d Floor, Administration Building, Collier Government Center, 3301 East Tamiami Trail, Naples Florida, to consider: [insert title of each petition with map] Petition Title here: <> Petition Title here: <> Petition Title here: <> MAP MAP MAP All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to < > < >, 2004, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which includes all testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Russell Budd, Chairman Revised CCPC Ad Form.doc NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8:30 A.M., Thursday, <>,<>. 2004, in the Board of County Commissioners Meeting Room, 3`d Floor, Administration Building, Collier Government Center, 3301 East Tamiami Trail, Naples Florida, to consider: [insert title of each petition with map] Petition Title here: <> Petition Title here: <> Petition Title here: <> MAP MAP MAP All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to < > < >, 2004, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which includes all testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Russell Budd, Chairman Revised CCPC Ad Form.doc (In my' F" Drive) 3 O 7 N (D C7 O C rt �C O a c A A A O b A m Q I� m n b n � y 10 v iu � A Ex. County Retention Lake Exhibit "A" Al 4 €P cv 4 w t �SP — J-- T T* N 1 �. T a Y 0 1 T 7 T f o 1 l� s a 0 at s 0 Ex. County Retention Lake EXHIBIT "B" t iff 'i STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -66 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day Of December, 2003. DWIGHT E. B' .,j . y V A r ICI Clerk of Courts-- and"o`1 k Ex- offici ° Count y CoEn�riioner By: Linda Deputy C1'erk ° "` COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) 8C � k Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Fred Reischl, AICP Date: Petition No. (If none, give brief description): PUDZ- 2003 -AR -3665, Lemuria PUD Petitioner: (Name & Address): Vir&ent A. Cautero, VCoastal Engineering Consultants, Inc, 3106 South Horseshoe Drive, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: Gates McVey - Knopke, LLC, 5405 Park Central Ct., Naples, FL 34109 Hearing before Cl BCC 0 BZA 0 Other Requested Hearing date: 17— 11 (0 I U3 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: PUDZ- 2003 -AR -3665, Vincent A. Cautero, of Coastal Engineering Consultants, Inc., representing Gates McVey - Knopke, LLC, requesting a rezone from the "A" Rural Agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.97 dwelling units /acres. The property to be considered for this rezone is located on the east side of Goodlette -Frank Road; north of Orange Blossom Drive; South of Vanderbilt Beach Road, and adjacent to and south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 South, Range 25 East, Collier County, Florida, consisting of 24.21± acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: o epartment Head ate County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: ? Date of Public hearing: f � ' I � Date Advertised: ! � � �Ji "0'J ORDINANCE NO. 03- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NUMBER 91 -102, AS AMENDED) WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9503N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT (PUD) FOR A DEVELOPMENT KNOWN AS THE LEMURIA PUD LOCATED ON THE EAST SIDE OF GOODLETTE -FRANK ROAD; (C.R. 851) NORTH OF ORANGE BLOSSOM DRIVE; SOUTH OF VANDERBILT BEACH ROAD (C.R. 862), AND ADJACENT TO AND SOUTH OF THE COLLIER COUNTY CARICA ROAD WATER STORAGE AND PUMP STATION IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.21 ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVey - Knopke LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Lemuria PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9503N, as described in the Collier County Land Development Code (Ordinance 91 -102, as amended), is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form nd Legal Sufficiency Patrick G. ite Assistant County Attorney PUDZ- 2003- AR- 3665/FR/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING , CHAIRMAN 00"' 8 LEMURIA A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING LEMURIA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Gates McVey - Knopke, LLC PREPARED BY: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" GACurrent\Reisch1\PUD\1 1 TABLE OF CONTENTS Statement of Compliance and Short Title Section I Legal Description, Property Ownership, and General Description Section II Project Development Section III Residential Section IV Recreation/Open Space Section V Conservation Areas Section VI General Development Commitments LIST OF EXHIBITS AND TABLES Master Plan 41`8C Page 3 4 6 16 20 21 22 EXHIBIT A G: \Current\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 2 .1*f f 0 WISP 8C STATEMENT OF COMPLIANCE The development of approximately 24.21 acres of property in Collier County, as a Planned Unit Development to be known as the Lemuria PUD shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential, conservation, and recreational facilities of the Lemuria PUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Mixed Use District, Urban Residential Subdistrict Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policies 5.1, 5.3, 5.4, 5.5, and 5.6 of the Future Land Use Element (FLUE). 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the FLUE. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with land development regulations as set forth in Objective 3 of the FLUE. 5. The project development will result in an efficient and economical extension of community facilities and services. 6. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forth coming regulations required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. The projected density of 2.97 dwelling units per acre is in compliance with the FLUE of the Growth Management Plan based on the following relationships to required criteria: Base density Density Band Activity Center Traffic Congestion Area Total Allowed 4.0 dwelling units per acre 0 .0 dwelling units per acre 0.0 dwelling units per acre -1.0 dwelling units per acre 3.0 dwelling units per acre 8. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. G:1Current\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 3 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 project name of the Lemuria PUD. 1.2 LEGAL DESCRIPTION The subject property being 24.21 acres, is described as: 1.3 PROPERTY OWNERSHIP AND UNIFIED CONTROL The subject property is currently under the ownership of Gates McVey - Knopke, LLC. A. Gates McVey - Knopke, LLC, for the purpose of development within the PUD district, will control the property described herein. All development will be performed in accordance with: 1. The PUD Master Plan of development officially adopted for the district; 2. Regulations and development standards as set forth in the PUD document and PUD Master Plan; 3. Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification; and 4. The Collier County GMP. B. Written agreements, contracts, deed restrictions, and sureties shall be provided to the County that are necessary for the completion of the development in accordance with the PUD Master Plan as well as for the continuing operation and maintenance of such areas, functions, and facilities that are not to be provided, operated or maintained at general public expense. C. All successors in interest are bound by the commitments made under this PUD. GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 4 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in Section 3, Township 49 South, Range 25 East. The project is located on the east side of Goodlette -Frank Road approximately 1,000 feet south of Vanderbilt Beach Road. B. The zoning classification of the subject property prior to the date of this approved PUD Document was A (Rural Agriculture). 1.5 PHYSICAL DESCRIPTION The project site is located within the Pine Ridge Canal Basin and flows north to the Cocohatchee River. Water management for the proposed project is planned to be of the lake retention type. The application for development approval includes a detailed analysis of the intended water management plan. Elevations within the project site range to 10.0 feet above mean sea level. Further, the seasonal high water table is approximately 6 to 18 inches below the surface of the ground. The entire site is in Flood Zone X based on FEMA Firm Panel 120067 0381E dated August 3, 1992. The soils on this site are primarily Immokalee fine sand. These soils are typical of the nearly level pine flatwoods that occur. Other soils include Basinger fine sand and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional. These soils, consistent with sloughs and depressions, edge the property in the northeast and southeast corners of the site. The surrounding areas that contained these wet soils have been altered by development. Only the far northern portion of the site remains undeveloped. Still, a bit farther north, the construction of Vanderbilt Beach Road, which runs east to west, has altered historical drainage into the undisturbed depressional soils to the north and the slough soils to the east and south of the project location. A soils map is included in the environmental impact statement. 1.6 PROJECT DESCRIPTION The project will consist of the following uses: Residential, conservation, recreation and open space, a lake, and infrastructure. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Lemuria Planned Unit Development Ordinance." GACurrent\Reischl\PUD\Lemuria FKA Bella Lago1PUD Doc 11 -17 -03 clean.doc 5 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Lemuria 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 (LDC) and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Lemuria PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. F. The Lemuria PUD will be developed as a residential community featuring two family and multifamily residential buildings and a clubhouse providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents. GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc G. The PUD Master Plan is illustrated graphically as Exhibit "A." A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size and configuration of the individual recreational areas, water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Sections 3.2.7 and 3.3 of the LDC. H. The Lemuria PUD is compatible with, and complementary to, existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 2.3 DESCRIPTION OF PROTECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A ", PUD Master Plan. There shall be four land use tracts, plus necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit "B." TYPE TRACT A Residential TRACTS B -1 & B -2 Conservation - Wetlands - Uplands DWELLING UNITS TRACTS C -1 & C -2 Infrastructure - Roadway - FPL/City of Naples Easement TRACTS D 1 & D -2 Recreation/Open Space Lake 72 N/A N/A ACREAGE 6.27 ACRES 0.41 ACRES 5.25 ACRES N/A 2.77 ACRES N/A 2.05 ACRES N/A 1.5 ACRES 6.03 ACRES 24.21 ACRES B. Areas illustrated as lakes by Exhibit A shall be constructed as lakes for water retention purposes. Such lakes shall be in the same general configuration and contain the same general acreage as shown by Exhibit A. Minor modification to all tracts, lakes or other boundary may be permitted at the time of preliminary subdivision plat, plat or site development plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County LDC or as otherwise permitted by this PUD document. G: \Current\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 7 ffS C. In addition to the various areas and specific items shown in Exhibit "A ", such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 COMPLIANCE WITH COUNTY ORDINANCES A maximum of 72 residential dwelling units, shall be constructed in the total project area. A. Regulations for development of the Lemuria PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the GMP which are in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein, or as represented on the Lemuria Master Plan, are part of the regulations which govern the manner in which the land may be developed. F. Division 3.3 of the LDC shall apply to the Lemuria PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.3.4. of the LDC. 2.5 RELATED PROTECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and /or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County subdivision code and the platting laws of the State of Florida. GACurrent\ReischllPUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 8 1?41, 8 C a" MV ,, B. Exhibit "A ", PUD Master Plan constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with requirements of Division 3.2 of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes /model home centers including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: A. One "wet" and one "dry" model may be constructed following SDP approval or administrative plat approval, prior to recording of a plat Project owner must apply for all models. B. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. GACurrent\Reischl\PUD\L.emuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 9 q0 1 11 �. il- o� D. All other regulations pertaining to model homes shall be consistent with Section 2.6.33.4 of the LDC. 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5. of the Collier County LDC. Minor changes and refinements as described herein may be approved by the Director of Zoning and Land Development Review, pursuant to Section 2.7.3.5.6 of the LDC in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association. The Developer will create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving the Lemuria PUD, in accordance with the provisions of Collier County Ordinance 90 -48 and Resolution 90 -292, together with any applicable permits from the South Florida Water Management District. 2.9 ROADWAYS Roadways within the Lemuria PUD may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval or site development plan approval. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. 2.10 LAKE SETBACK AND EXCAVATION The lake setback requirements described in section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Zoning and Land Development Review Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from the Lemuria PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 10 .- 11 8 C to ;4 2.11 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES, AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Lemuria PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Structural walled berms - vertical B. Fence or wall maximum height: Six feet (6), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation. C. Landscape buffers, berms, fences and walls may be constructed within the landscape buffer tract along the perimeter of the Lemuria PUD boundary prior to preliminary subdivision plat and site development plan submittal. D. Fences and walls which are an integral part of security and access control structures, such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures. Any clearing or alteration in Conservation Tract B -1, B -2, or B -3 shall be in accordance with the regulations in Section V and in accordance with preserve requirements in the GMP and LDC. E. Pedestrian sidewalks and /or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location. GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 11 2.13 FILL STORAGE Fill storage is generally permitted as a temporary (not to exceed 180 calendar days) principal use throughout the Lemuria PUD. Prior to stockpiling, the developer shall receive approval by the County Community Development and Environmental Services Administrator. 2.14 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. 2.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Lemuria PUD except in the Preserve /Open Space Area. General permitted uses are those uses which generally serve the developer and residents of Lemuria PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1. of the LDC. 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Piers with cabanas and cupolas 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. Sidewalks, with or without cupolas and benches. 7. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. GACurrent\Reischl\PUD\Lemuria FKA Bella Lago1PUD Doc 11 -17 -03 clean.doc 12 9. Fill storage subject to the standards set forth in Section 2.10 of this PUD. B. Development Standards: Development standards are noted in Table 1. 2.16 OPEN SPACE REQUIREMENTS The Collier LDC requires that residential projects maintain open space at a minimum of 60 percent of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts, and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 60 percent open space requirements of Section 2.6.32 of the LDC for residential developments. G:\Current\Reischl\PUD\LemuriaFKA Bella Lago1PUD Doc 11 -17 -03 clean.doc 13 • 2.17 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, a minimum of 25 percent of the existing native vegetation on site shall be retained, which equates to 5.50 acres, of native vegetation to be preserved. 2.18 SIGNAGE All signs will be in accordance with Division 2.5 of the Collier County Land Development Code in effect at time of their permitting. 2.19 SIDEWALKSBIKEPATHS A. Pursuant to Section 3.2.8.3.17 of the LDC and Section 2.9 of the Lemuria PUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 2.20 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. Roadways within the Lemuria PUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16 - Streets and access improvements GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 14 VW8 C "TV I 1. Section 3.2.8.4.16.5, Street Right -of -Way Width If rights -of -way are platted, the minimum right -of -way width shall be forty (40) feet. 2. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty -five (35) foot radius for intersections at project entrances. 3. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 2.21 DENSITY A. Acreage of the Lemuria PUD is approximately 24.21 + /- acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 72 units. The gross project density will be a maximum of 2.97 units per acre. G:\Current\Reischl\PUD\LemuriaFKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 15 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Lemuria PUD designated on the Master Plan as Tract "A," Residential. 3.2 MAXIMUM DWELLING UNITS The development shall include a maximum of 72 dwelling units. Residential development shall be limited to cleared and upland areas. 3.3 GENERAL DESCRIPTION Areas designated as Tract "A," Residential on the Master Plan are designed to accommodate residential uses as described by Section 2.13, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on Exhibit "A," PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan in accordance with Division 3.3 of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Two family and multifamily Residential dwelling units. 2. Model homes and model home centers, including offices for project administration, construction, sales and marketing. 3. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. G:\Current\Reischl\PUD\LemuriaFKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 16 ..A B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in this PUD, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the Board of Zoning Appeals. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Lemuria PUD residential area. B. Site development standards for dwelling units apply to individual residential lot boundaries. C. Standards for parking, landscaping, signs, and other land uses where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. During the site development plan review process, the developer shall identify the specific housing type intended for each tract. F. Residential dwellings shall be constructed in a similar architectural style and of similar building materials. G. Off -street parking and loading requirements shall be consistent with Division 2.3 of the Collier County LDC at the time of building permit application. GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 17 TABLE 1 Lemuria PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. See applicable section for actual setbacks. *1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 — For units with side entry garage, the garage may be constructed with a 12' front yard setback. *4 - Minimum lot width for cul -de -sac lots shall be consistent with the measurement standards established in Division 6.3 of the LDC. *5 - The sum of the side yards shall be a minimum of fifteen (15) feet. Zero lot line units shall provide the minimum 7.5 feet on the opposite side. In no case shall principal structures be less than fifteen (15) feet apart. *6 - Distance between principal structures not inclusive of garages. Distance between garages shall be no less than 10'. *7 - Setbacks for the preserve area will be 25' for principal structures and 10' for accessory uses. *8 — Side yard setback for accessory structures (screened patios, swimming pools, tennis courts and pavilions) shall be zero (0) feet. NOTE: Residential structures shall be a minimum of 100 feet from the northern property line. G: \Current\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 18 Two family Multi-Family Minimum Lot Area 3,500 SF N/A Minimum Lot Width *4 35' N/A Front Yard Setback (Principal and Accessory) 20' *3 20' Front Yard for Side Entry Garage 12' N/A Rear Yard Setback (Principal) 10' 10' Rear Yard Setback (Accessory) *1 10' 10' Side Yard Setback *8 0' or 75 *5,6 15' Maximum Height *2 35' 35' Floor Area Minimum (SF) 1,000 SF 750 SF Minimum Distance Between Principal Structures 15' *6 15' *6 Setback from PUD Boundary 40' 40' Setback from Preserve Boundary 10' or 25 *7 10' or 25' *7 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. See applicable section for actual setbacks. *1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 — For units with side entry garage, the garage may be constructed with a 12' front yard setback. *4 - Minimum lot width for cul -de -sac lots shall be consistent with the measurement standards established in Division 6.3 of the LDC. *5 - The sum of the side yards shall be a minimum of fifteen (15) feet. Zero lot line units shall provide the minimum 7.5 feet on the opposite side. In no case shall principal structures be less than fifteen (15) feet apart. *6 - Distance between principal structures not inclusive of garages. Distance between garages shall be no less than 10'. *7 - Setbacks for the preserve area will be 25' for principal structures and 10' for accessory uses. *8 — Side yard setback for accessory structures (screened patios, swimming pools, tennis courts and pavilions) shall be zero (0) feet. NOTE: Residential structures shall be a minimum of 100 feet from the northern property line. G: \Current\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 18 L 3.6 RESIDENTIAL SETBACKS AND SUMMARY TABLE FOR RESIDENTIAL AREAS General Application for Setbacks Generally, whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the following application: A. Front Yard Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. 2) If the parcel is served by a non - platted, private drive, setback is measured from the back of curb or edge of pavement, whichever is more restrictive. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line, whichever is more restrictive. 4) Principal buildings shall be set back a distance sufficient to provide for two back -to -back parking spaces, without encroaching into required sidewalks, one of which may be in an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk (minimum length 23 feet from the front of the garage). 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right -of -way or non - platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right -of -way, or other non - platted private drive from the common parking area. GACurrent\Reischl\PUD\L.emuria FKA Bella Lago\PUD Doc l I -17 -03 clean.doc 19 SECTION IV RECREATION /OPEN SPACE 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Lemuria PUD designated on the Master Plan as Tracts D -1 and D -2, Recreation/Open Space Areas. 4.2 GENERAL DESCRIPTION Areas designated as Tract "D," Recreation/Open Space, on the Master Plan are designed to accommodate passive and active recreation, and water management uses and functions. The approximate acreage of the Recreation/Open Space Areas is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails and preserves, shelters, lakes, cabanas and piers, and sidewalks. 2. Water management structures. 3. Lakes and water detention/retention areas. 4. Open spaces. 5. Recreational facilities, including clubhouse, pool(s), playground, and tennis courts. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: Not Applicable B. Maximum Height of Structures: 35 feet G: \Current \Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 20 SECTION V CONSERVATION AREAS 5.1 PURPOSE �r'*8 C .." The purpose of the conservation areas, depicted as Tracts B -1, B -2 and B -3, on the PUD Master Plan, is to preserve and protect native vegetation and naturally functioning habitat in their natural state. 5.2 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to federal, state and county permits when required. A. Permitted Principal Uses and Structures 1. Nature preserves 2. Water management structures 3. Boardwalks and shelters 4. Any other conservation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the conservation area. 5. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas as long as any clearing required to facilitate their use does not impact the minimum required vegetation. GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 21 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Lemuria PUD. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, its successor and assigns, shall be responsible for the commitments outlined in this document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer shall convey to any successor or assignee in title any commitments within this Document. 6.3 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with final site development plans and all applicable State and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply, except where specifically noted. B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.4 SCHEDULE OF DEVELOPMENU/MONITORING REPORT AND SUNSET PROVISION A. The Lemuria PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUDs. G: \Current\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 22 B. Recreational Facilities Provision: By the time building permits for 50 residential units are issued, the developer agrees to have constructed two (2) tennis courts and a parking area serving the tennis courts. C. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 6.5 ENGINEERING A. Except as noted herein, all project development will be consistent with Division 3.2 and 3.3 of the LDC. 6.6 UTILITIES A. Water distribution, sewage collection, and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 01 -57 as may be amended, except as may be provided in Section 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. 6.7 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to commencement of site work. B. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Lemuria PUD conceptual surface water management system is described in the Surface Water Management and Utilities Report, which has been included in the PUD Rezone application materials. GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 23 6.8 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Review Staff. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve /open space areas, shall be submitted to Environmental Services Review Staff for review and approval prior to final site plan/construction plan approval. C. This PUD shall be consistent with the Environmental sections of the Collier County GMP Conservation and Coastal Management Element and the Collier County LDC at the time of final development order approval. D. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Review Staff for review and approval prior to final site plan/construction plan approval. E. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with the LDC. In the event the project does not require platting, conservation easements shall be dedicated to the project homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. F. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be subject to review and approval by Environmental Services Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. G. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final construction plan submittal. The approved language shall be added to the construction plans. Off site relocation may be required if sufficient habitat is not found on site. GACurrenAReischl\PUD\Lemuria FKA Bella Lago1PUD Doc 11 -17 -03 clean.doc 24 8C H. All approved Agency (SFWMD, ACOE, FWC) permits shall be submitted prior to final plan /construction plan approval. 6.9 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site - related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have to responsibility for maintenance of any such facilities. G: \Current\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 25 8C ** I. If any required turn lane improvement requires the use of existing County right - of -way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Pedestrian/bicycle facilities shall be provided within and between all residential areas including the multi - family areas. L. The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Services Staff. 6.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit. 6.11 SIGNS All signs shall be in accordance with Division 2.5 of the LDC. 6.12 LANDSCAPING FOR OFF - STREET PARKING AREAS All landscaping for off - street parking areas shall be in accordance with Division 2.4 of the Collier County LDC in effect that the time of building permit application. The landscape buffer along the northern property line adjacent to the utility site shall be a Type "C" landscape buffer. 6.13 POLLING PLACES Pursuant to Section 2.6.30 of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in the interest GACurrent\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 26 that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation /public building /public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. G:\Current\Reischl\PUD\LemuriaFKA Bella Lago\PUD Doc 11 -17 -03 clean.doc 27 . I a. 1 N re 0 Z a it A. d Z 3^ N 3 N N N tl1N V1 N v114 W W W W W W W W W W W W KKKKKK KKUVK `��1001N < < « i J Wo � Ct W N rl N NtD .-N1, N MMO `;v N V ytO pOP O NONN 40 V 0 0 V N N rl t0 V N 1 ^-- M V t� in 1p LAJ ZI► t\�: N W a (n N Q Ot N N IA C4 v ^ n 0; Z Z Z W J W < n V M t7 000 = <N O at W N V to r W K m N tV Z J > >> U Y Z Z Z < to JZ N N N I O \O W La p O r W Z Z Z N< J 0 0 0< O d < 1 W UUC.1 U- Wr,W W O K mmm r K ? K r N M N N <mmm iv ci o0 0O9 (and) Ave vsmvo Exhibit "A" r W Z W V W Z V N N O W < N z I II I 1 I I W1 I , !/ 1 , i O O N N W J � U O O N Or N I'llo-H 2 �I u '^ of I U a a w x z a zz a d V M V 4Z 0 Mo WWZ Ol QIL4 WJt2 VA ! o C� 01 1-115 NOja U< OL0° Ld L u .. W n W � O � W V p =0 = N V o NM O< W � K of �p N W � t X pp � X u N W v K Im < < < W K t N N P,: ` W N N N O N to Ot V Q K = II Il II �► < < 0 O W L m W N Q! j >� a M ~ . 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W n W � O � W V p =0 = N V o NM O< W � K of �p N W � t November 19, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ- 2003 -AR -3665 — Lemuria PUD Dear Georgia: Please advertise the above referenced notice on Sunday, November 30, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 113- 138312 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, December 16, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: An Ordinance of the Board of County Commissioners of Collier County, Florida, amending the Collier County Land Development Code (Ordinance Number 91 -102, as amended) which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the official zoning atlas map numbered 9503NI by changing the zoning classification of the herein described real property from "A" rural agricultural to "PUD" Planned Unit Development (PUD) for a development known as the Lemuria PUD located on the east side of Goodlette -Frank Roads (C.R.851) north of Orange Blossom Drivel south of Vanderbilt Beach Road (C.R. 862), and adjacent to and south of the Collier County Carica Road Water Storage and Pump Station in Section 3, Township 49 South, Range 25 East, Collier County, Florida, consisting of 24.21 acresy and providing an effective date. Petition PUDZ- 2003 -AR -3665, Vincent A. Cautero, of Coastal Engineering Consultants, Inc. representing Gates - McVey - Knopke, LLC, requesting a rezone from the "A" Rural Agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.97 dwelling units /acres. The property to be considered for this rezone is located on the east side of Goodlette- Frank Roadj north of Orange Blossom Drivel south of Vanderbilt Beach Road, and adjacent to and south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 South, Range 25 East, Collier County, Florida, consisting of 24.21 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ann Jennejohn, Deputy Clerk (SEAL) County of Collier 8 C> CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 19, 2003 Vincent A. Cautero Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3665 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK arbo, Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.colller.fl.us Email- collierclerkna clerk collier fl us County of-Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL. EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 19, 2003 Gates McVey - Knopke, LLC. 5405 Park Central Court Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3665 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerkkclerk.collier fl us Ann P. Jennejohn To: Georgia (E-mail) Subject: Advertising-PUDZ-2003 -AR-3665 Please advertise the attached on Sunday November 30, 2003. Thankyou, Ann Minutes & Records PUDZ-2003-AR-366 PUDZ-2003-AR-366 5.doc 5.doc 1 Ann P. Jenneiohn 8C I From: postmaster @clerk.colIier.fl.us Sent: Wednesday, November 19, 2003 12:55 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) EJ ATT579552.bct Advertising - PUDZ -2 003 -AR- 3665... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com]' "" Sent: Wednesday, November 19, 2003 12:46 PM To: Ann P. Jennejohn Subject: Delivered: Advertising -PUDZ -2003 -AR -3665 LA Advertising- PUDZ -2 003 -AR- 3665... «Advertising -PUDZ -2003 -AR- 3665» Your message To: Georgia (E -mail) Subject: Advertising -PUDZ -2003 -AR -3665 Sent: Wed, 19 Nov 2003 12:55:14 -0500 was delivered to the following recipient(s): legals on Wed, 19 Nov 2003 12:45:36 -0500 1 Advertising -PUDZ -2003 -AR -3665 Ann P. Jennejohn From: legals flegals @naplesnews.com] Sent: Wednesday, November 19, 2003 1:22 PM To: Ann P. Jennejohn Subject: RE: Advertising -PUDZ -2003 -AR -3665 rcvd to run nov. 30 georgia WELCOME aboard - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Wednesday, November 19, 2003 12:55 PM To: Georgia (E -mail) Subject: Advertising -PUDZ -2003 -AR -3665 Page 1 of 1 ,.,A8C it Please advertise the attached on Sunday November 30, 2003. Thank you, Ann (yes, I'm NEW) Minutes & Records «PUDZ- 2003- AR- 3665.doc>> «PUDZ- 2003- AR- 3665.doc>> 11/19/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on November 30th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of afflant) Sworn to and subscribed before me This 2nd day of December ,2003 pUDZ•2003•AR•3665 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given i that on TUESDAY, De. camber 16, In the 2003 9eardroom. 3rd Floor, commence at 9:00 A.M. The title of the proposed ordinance is as eDWows; An Ordinance of the Board of County Com- mission,ers of Collies C nnt�Y�'�IV, i q ca ton of the hereir scribed real prop from "A" rural agr tural to "PUD" PIN Unit De lopment ( for a developn known as the Len PWD 1 fated on the Skis o Goodlette -1 Road; (C.R,851) nor Orange Blossom D eh Rv RBac of (C . and ad)4e,cent to south of the Co a rezone trom the 'A' Rural Agricultural zon- ing district to a "PUD" Planned Unit Develop- ment district to be knrn as the Lemuria', coowneesistgofs7? re Idential sttYYlRof units dwellli units /acres. The proper - tY to be considered for this rezone is located on the east side of Goodlet- im Copies of the proposed Ordinance are on file with the Clerk to the Board and are ovaliable for Inspection. All Inter- 9 are Invited to attend and be heard. NOTE: All persons wish - Ino to sneak on any be limited to 5 minutes on any Mel. The selec., tlon of an Individual to spa �� or prow Is encouraged. fi recog- i —A w. the Chairman. to$ to speak on sin. ersons wishing w Any person who decides to appeal a decision of the Board will need a re- cord of the the eedh d therefore, may need to ensure that a verbatim record of the proceed- ings is made, which re- cord .includes the testi- mony €€Iind evidence pIMIwhich the appeal BOARD OF COUNTY COMIMIS FLOl.L1 RN COUNTY, DA TOM HENNING, CHAIR- MAN C EIGHT E. BROCK,! B_y: /s /Ann lennalohn, Nov.30 No, 388767 Wignatur'e�`of notary public) ;.; Harriett Bushong .: :: MYCOMMISSION:f DD234689 EXPIRES July 24, 2007 BONDED iNRU TROY FAIN INSURANCE, INC pUDZ•2003•AR•3665 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given i that on TUESDAY, De. camber 16, In the 2003 9eardroom. 3rd Floor, commence at 9:00 A.M. The title of the proposed ordinance is as eDWows; An Ordinance of the Board of County Com- mission,ers of Collies C nnt�Y�'�IV, i q ca ton of the hereir scribed real prop from "A" rural agr tural to "PUD" PIN Unit De lopment ( for a developn known as the Len PWD 1 fated on the Skis o Goodlette -1 Road; (C.R,851) nor Orange Blossom D eh Rv RBac of (C . and ad)4e,cent to south of the Co a rezone trom the 'A' Rural Agricultural zon- ing district to a "PUD" Planned Unit Develop- ment district to be knrn as the Lemuria', coowneesistgofs7? re Idential sttYYlRof units dwellli units /acres. The proper - tY to be considered for this rezone is located on the east side of Goodlet- im Copies of the proposed Ordinance are on file with the Clerk to the Board and are ovaliable for Inspection. All Inter- 9 are Invited to attend and be heard. NOTE: All persons wish - Ino to sneak on any be limited to 5 minutes on any Mel. The selec., tlon of an Individual to spa �� or prow Is encouraged. fi recog- i —A w. the Chairman. to$ to speak on sin. ersons wishing w Any person who decides to appeal a decision of the Board will need a re- cord of the the eedh d therefore, may need to ensure that a verbatim record of the proceed- ings is made, which re- cord .includes the testi- mony €€Iind evidence pIMIwhich the appeal BOARD OF COUNTY COMIMIS FLOl.L1 RN COUNTY, DA TOM HENNING, CHAIR- MAN C EIGHT E. BROCK,! B_y: /s /Ann lennalohn, Nov.30 No, 388767 8C ORDINANCE NO. 03- 6 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NUMBER 91 -102, AS AMENDED) WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9503N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT (PUD) FOR A DEVELOPMENT KNOWN AS THE LEMURIA PUD LOCATED ON THE EAST SIDE OF GOODLETTE -FRANK ROAD; (C.R. 851) NORTH OF ORANGE BLOSSOM DRIVE; SOUTH OF VANDERBILT BEACH ROAD (C.R. 862), AND ADJACENT TO AND SOUTH OF THE COLLIER COUNTY CARICA ROAD WATER STORAGE AND PUMP STATION IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.21 ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVey - Knopke LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Lemuria PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9503N, as described in the Collier County Land Development Code (Ordinance 91 -102, as amended), is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of �ei"p�71f— , 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUN Y, FLOR A .qN ltl67 i!/.d j, . ATT BY: C . TOM HENNING , CHAIRMAN TCrfic'. AK 6_tttogt as to e ha' luan, S Appraed aso ;oz, t�, �1QMIA�IM'� 011. and Y,' 'Suffi Patrick G. White Assistant County Attorney PUDZ -2003 -AR -3 665 /FR/lo 'q LEMURIA 0 RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING LEMURIA, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Gates McVey- Knopke, LLC Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER o2D03 - (c S AMENDMENTS AND REPEAL G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 8C' TABLE OF CONTENTS Page Listof Exhibits ................................................... ..............................3 Statement of Compliance ................................... ..............................4 Section I Property Ownership and Description ...........................5 Section II Project Development Requirements .............................7 Section III Residential Areas Plan ................... .............................16 Section IV Recreation/Open Space ................. .............................20 Section V Conservation Areas ....................... .............................21 Section VI General Development Commitments .........................22 G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 2 LIST OF EXHIBITS 8C EXHIBIT A Legal Description EXHIBIT B Master Plan G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 3 �M 8C STATEMENT OF COMPLIANCE The development of approximately 24.21 acres of property in Collier County, as a residential Planned Unit Development to be known as the Lemuria PUD shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential, conservation, and recreational facilities of the Lemuria PUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Mixed Use District, Urban Residential Subdistrict Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policies 5.1, 5.3, 5.4, 5.5, and 5.6 of the Future Land Use Element (FLUE). 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the FLUE. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with land development regulations as set forth in Objective 3 of the FLUE. 5. The project development will result in an efficient and economical extension of community facilities and services. 6. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forth coming regulations required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. The projected density of 2.97 dwelling units per acre is in compliance with the FLUE of the Growth Management Plan based on the following relationships to required criteria: Base density Density Band Activity Center Traffic Congestion Area Total Allowed 4.0 dwelling units per acre 0 .0 dwelling units per acre 0 .0 dwelling units per acre -1.0 dwelling units per acre 3.0 dwelling units per acre 8. All final local development orders for this project are subject to Division 3.15 of the LDC. G: \Current \Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 4 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 project name of the Lemuria PUD. 1.2 LEGAL DESCRIPTION The subject property being 24.21 acres, is described in Exhibit A, Legal Description. 1.3 PROPERTY OWNERSHIP AND UNIFIED CONTROL The subject property is currently under the ownership of Gates McVey - Knopke, LLC. A. Gates McVey - Knopke, LLC, for the purpose of development within the PUD district, will control the property described herein. All development will be performed in accordance with: 1. The PUD Master Plan of development officially adopted for the district; 2. Regulations and development standards as set forth in the PUD document and PUD Master Plan; 3. Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification; and 4. The Collier County GMP. B. Written agreements, contracts, deed restrictions, and sureties shall be provided to the County that are necessary for the completion of the development in accordance with the PUD Master Plan as well as for the continuing operation and maintenance of such areas, functions, and facilities that are not to be provided, operated or maintained at general public expense. C. All successors in interest are bound by the commitments made under this PUD. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 5 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in Section 3, Township 49 South, Range 25 East. The project is located on the east side of Goodlette -Frank Road approximately 1,000 feet south of Vanderbilt Beach Road. B. The zoning classification of the subject property prior to the date of this approved PUD Document was A (Rural Agriculture). 1.5 PHYSICAL DESCRIPTION The project site is located within the Pine Ridge Canal Basin and stormwater drainage flows north to the Cocohatchee River. Water management for the proposed project is planned to be of the lake detention type. The application for development approval includes a detailed analysis of the intended water management plan. Elevations within the project site range from 9.0 to 10.0 feet above mean sea level. Further, the seasonal high water table is approximately 6 to 18 inches below the surface of the ground. The entire site is in Flood Zone X based on FEMA Firm Panel 120067 0381E dated August 3, 1992. The soils on this site are primarily Immokalee fine sand. These soils are typical of the nearly level pine flatwoods that occur. Other soils include Basinger fine sand and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional. These soils, consistent with sloughs and depressions, edge the property in the northeast and southeast corners of the site. The surrounding areas that contained these wet soils have been altered by development. Only the far northern portion of the site remains undeveloped. Still, a bit farther north, the construction of Vanderbilt Beach Road, which runs east to west, has altered historical drainage into the undisturbed depressional soils to the north and the slough soils to the east and south of the project location. A soils map is included in the environmental impact statement. 1.6 PROJECT DESCRIPTION The project will consist of the following uses: Residential, conservation, recreation and open space, a lake, and infrastructure. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Lemuria Residential Planned Unit Development Ordinance." G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 6 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE ^gC The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Lemuria 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 (LDC) and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. The definitions of all terms in this PUD document have the same meaning as the definitions set forth in Collier County LDC. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Lemuria PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless approved as a deviation in this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 for adequate public facilities at the earliest or next to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. F. The Lemuria PUD will be developed as a residential community featuring two family and multifamily residential buildings and a clubhouse providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents. G: \Current \Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 7 G. The PUD Master Plan is illustrated graphically as Exhibit B. A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size and configuration of the individual recreational areas, water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Sections 3.2.7 and 3.3 of the LDC. H. The Lemuria PUD is compatible with and complementary to existing and future surrounding land uses and is considered to be consistent with Policy 5.4 of the FLUE. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit B, PUD Master Plan. There shall be four land use tracts, plus necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit B. TYPE UNITS /SQ. FT ACREAGE TRACT A Residential 72 6.27 ACRES TRACTS B -1, B -2, B -3 Conservation - Wetlands N/A 0.39 ACRES - Uplands N/A 5.18 ACRES TRACTS C -1, C -2 Infrastructure - Roadway N/A 2.77 ACRES -FPL /City of Naples Utility N/A 2.07 ACRES TRACTS D -1, D -2 Recreation/Open Space N/A 7.53 ACRES 24.21 ACRES B. Areas illustrated as lakes by Exhibit B shall be constructed as lakes for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit B. Minor modification to all tracts, lakes or other boundary may be permitted at the time of preliminary subdivision plat, plat or site development plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County LDC or as otherwise permitted by this PUD document. G: \Current \Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 8 _8C C. In addition to the various areas and specific items shown in Exhibit B, such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 COMPLIANCE WITH COUNTY ORDINANCES A maximum of 72 residential dwelling units, may be constructed in the total project area. A. Regulations for development of the Lemuria PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the GMP which are in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein, or as represented on the Lemuria Master Plan, are part of the regulations which govern the manner in which the land may be developed. E. Division 3.3 of the LDC shall apply to the Lemuria PUD, except where a deviation is set forth herein or otherwise granted pursuant to Section 3.3.4. of the LDC. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County subdivision code and the platting laws of the State of Florida. B. Exhibit B, PUD Master Plan constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 9 8C .4 Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with requirements of Division 3.2 of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes /model home centers including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: A. One "wet" and one "dry" model may be constructed following SDP approval or administrative plat approval, prior to recording of a plat Project owner must apply for all models. B. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. D. All other regulations pertaining to model homes shall be consistent with Section 2.6.33.4 of the LDC. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 10 P C " 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5. of the Collier County LDC. Minor changes and refinements as described herein may be approved by the Director of Zoning and Land Development Review, pursuant to Section 2.7.3.5.6 of the LDC in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association. The Developer will create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving the Lemuria PUD with any applicable permits from the South Florida Water Management District. 2.9 ROADS Roads within the Lemuria PUD may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval or site development plan approval. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. 2.10 LAKE SETBACK AND EXCAVATION The lake setback requirements described in section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Zoning and Land Development Review Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from the Lemuria PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 11 8C 2.11 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES, AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Lemuria PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Structural walled berms - vertical B. Fence or wall maximum height: Six feet (6), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation. C. Landscape buffers, berms, fences and walls may be constructed within the landscape buffer tract along the perimeter of the Lemuria PUD boundary prior to preliminary subdivision plat and site development plan submittal. D. Fences and walls which are an integral part of security and access control structures, such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures. Any clearing or alteration in Conservation Tract B -1, B -2, or B -3 shall be in accordance with the regulations in Section V and in accordance with preserve requirements in the GMP and LDC. E. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 12 2.13 FILL STORAGE Fill storage is generally permitted as a temporary (not to exceed 180 calendar days) principal use throughout the Lemuria PUD. Prior to stockpiling, the developer shall receive approval by the County Community Development and Environmental Services Administrator. 2.14 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. 2.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Lemuria PUD except in the Preserve /Open Space Area. General permitted uses are those uses which generally serve the developer and residents of Lemuria PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services asset forth under Section 2.6.9.1. of the LDC. 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Piers with cabanas and cupolas 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. Sidewalks, with or without cupolas and benches. 7. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.10 of this PUD. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 13 tip: B. Development Standards: Development standards are noted in Table 1. 2.16 OPEN SPACE REQUIREMENTS The Collier LDC requires that residential projects maintain open space at a minimum of 60 percent of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts, and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 60% open space requirements of Section 2.6.32 of the LDC for residential developments. 2.17 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, a minimum of 25 percent of the existing native vegetation on site shall be retained, which equates to 5.49 acres of native vegetation to be preserved. 2.18 SIGNAGE All signs will be in accordance with Division 2.5 of the Collier County Land Development Code in effect at time of their permitting. 2.19 SIDEWALKS /BIKEPATHS A. Pursuant to Section 3.2.8.3.17 of the LDC and Section 2.9 of the Lemuria PUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. G: \Current\Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 14 P01, 2.20 DEVIATIONS TO SUBDIVISION DESIGN STANDARDS A. Roadways within the Lemuria PUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following deviations: 3.2.8.4.16 - Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right -of -Way Width If rights -of -way are platted, the minimum right -of -way width shall be reduced from sixty (60) feet to forty (40) feet. 2. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb), reduced from the required twenty five (25) feet for all internal project streets and a thirty -five (35) foot radius reduced from the required forty (40) feet for intersections at project entrances. 3. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets a reduction from the required 50 feet. 2.21 DENSITY A. Acreage of the Lemuria PUD is approximately 24.21 + /- acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 72 units. The gross project density will be a maximum of 2.97 units per acre. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 15 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Lemuria PUD designated on the Master Plan as Tract A, Residential. 3.2 MAXIMUM DWELLING UNITS The development shall include a maximum of 72 dwelling units. Residential development shall be limited to cleared and upland areas. 3.3 GENERAL DESCRIPTION Areas designated as Tract A, Residential on the Master Plan are designed to accommodate residential uses as described by Section 2.13, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on Exhibit B, PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan in accordance with Division 3.3 of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Two family and multifamily Residential dwelling units. 2. Model homes and model home centers, including offices for project administration, construction, sales and marketing. 3. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 16 8C B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in this PUD, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the Board of Zoning Appeals. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Lemuria PUD residential area. B. Site development standards for dwelling units apply to individual residential lot boundaries. C. Standards for parking, landscaping, signs, and other land uses where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table 1 shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. During the site development plan review process, the developer shall identify the specific housing type intended for each tract. F. Residential dwellings shall be constructed in a similar architectural style and of similar building materials. G. Off - street parking and loading requirements shall be consistent with Division 2.3 of the Collier County LDC at the time of building permit application. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 17 rte: TABLE 1 Lemuria PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. See applicable section for actual setbacks. * 1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 — For units with side entry garage, the garage may be constructed with a 12' front yard setback. *4 - Minimum lot width for cul -de -sac lots shall be consistent with the definitions_established in Division 6.3 of the LDC. *5 - The sum of the side yards shall be a minimum of fifteen (15) feet. Zero lot line units shall provide the minimum 7.5 feet on the opposite side. In no case shall principal structures be less than fifteen (15) feet apart. *6 - Distance between principal structures not inclusive of garages. Distance between garages shall be no less than 10'. *7 — Minimum setbacks for the preserve area will be 25' for principal structures and 10' for accessory uses. *8 — Minimum side yard setback for accessory structures (screened patios, swimming pools, tennis courts and pavilions) shall be zero five (5) feet. *9 — Setback requirements do not apply to$uard houses, gatehouses, and access control structures. * 10 — No residential units shall be closer than 100 feet from the property boundary between the Carica Road Water Storage and Pump Station Facility and the Lemuira PUD. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 18 Two Family Multi - Family Minimum Lot Area 3,500 SF N/A Minimum Lot Width *4 35' N/A Front Yard Setback (Principal and Accessory) 23' *3, 9, 10 23' *9, 10 Front Yard for Side Entry Garage 12' N/A Rear Yard Setback (Principal) 10' 10' Rear Yard Setback (Accessory)* 1 10' 10' Side Yard Setback *8 0' Or 7.5' *5,6 15' Maximum Height *2 35' 35' Floor Area Minimum (SF) 1,000 SF 750 SF Minimum Distance Between Principal Structures 15' *6 15' *6 Setback from PUD Boundary 40' 40' Setback from Preserve Boundary 10' or 25 *7 10' or 25' *7 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. See applicable section for actual setbacks. * 1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 — For units with side entry garage, the garage may be constructed with a 12' front yard setback. *4 - Minimum lot width for cul -de -sac lots shall be consistent with the definitions_established in Division 6.3 of the LDC. *5 - The sum of the side yards shall be a minimum of fifteen (15) feet. Zero lot line units shall provide the minimum 7.5 feet on the opposite side. In no case shall principal structures be less than fifteen (15) feet apart. *6 - Distance between principal structures not inclusive of garages. Distance between garages shall be no less than 10'. *7 — Minimum setbacks for the preserve area will be 25' for principal structures and 10' for accessory uses. *8 — Minimum side yard setback for accessory structures (screened patios, swimming pools, tennis courts and pavilions) shall be zero five (5) feet. *9 — Setback requirements do not apply to$uard houses, gatehouses, and access control structures. * 10 — No residential units shall be closer than 100 feet from the property boundary between the Carica Road Water Storage and Pump Station Facility and the Lemuira PUD. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 18 8C 3.6 RESIDENTIAL SETBACKS AND SUMMARY TABLE FOR RESIDENTIAL AREAS General Application for Setbacks Generally, whenever the word "setback" is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the following application: A. Front Yard Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. 2) If the parcel is served by a non - platted, private drive, setback is measured from the back of curb or edge of pavement, whichever is more restrictive. A minimum distance of twenty three feet shall be maintained between a front - loaded garage and the inner edge of the sidewalk. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line, whichever is more restrictive. A minimum distance of twenty three feet shall be maintained between a front - loaded garage and the inner edge of the sidewalk. 4) Principal buildings shall be set back a distance sufficient to provide for two back -to -back parking spaces, without encroaching into required sidewalks, one of which may be in an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk (minimum length 23 feet from the front of the garage). 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right -of -way or non - platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right -of -way, or other non - platted private drive from the common parking area. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 19 SECTION IV RECREATION /OPEN SPACE 4.1 PURPOSE NM The purpose of this Section is to identify permitted uses and development standards for the area within the Lemuria PUD designated on the Master Plan as Tracts D -1 and D -2, Recreation/Open Space Areas. 4.2 GENERAL DESCRIPTION Areas designated as Tract D, Recreation/Open Space, on the Master Plan are designed to accommodate passive and active recreation, and water management uses and functions. The approximate acreage of the Recreation/Open Space Areas is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails and preserves, shelters, lakes, cabanas and piers, and sidewalks. 2. Water management structures. 3. Lakes and water detention/retention areas. 4. Open spaces. 5. Recreational facilities, including clubhouse, pool(s), playground, and tennis courts. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: Not Applicable B. Maximum Height of Structures: 35 feet G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 20 SECTION V CONSERVATION AREAS 5.1 PURPOSE The purpose of the conservation areas, depicted as Tracts B -1, B -2 and B -3, on the PUD Master Plan, is to preserve and protect native vegetation and naturally functioning habitat in their natural state. 5.2 PERMITTED PRINCIPAL USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to federal, state and county permits when required. 1. Nature preserves. 2. Water management structures. 3. Boardwalks and shelters. 4. Any other conservation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the conservation area. 5. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas as long as any clearing required to facilitate their use does not impact the minimum required vegetation, as determined by the Collier County Environmental Services Department. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 21 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE NC The purpose of this Section is to set forth the development commitments for the Lemuria PUD. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the LDC shall apply to this project. The developer, its successor and assigns, shall be responsible for the commitments outlined in this document. These developer commitments will be enforced through the provisions agreed to and included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors and assigns, regardless of turnover or not to any property owners' association. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer shall convey to any successor or assignee in title any commitments within this Document. 6.3 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with final site development plans and all applicable State and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply, except where specifically noted. B. The PUD Master Plan (Exhibit B) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 22 6.4 SCHEDULE OF DEVELOPMENUMONITORING REPORT AND SUNSET PROVISION A. The Lemuria PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUDs. B. Recreational Facilities Provision: By the time building permits for 50 residential units are issued, the developer agrees to have constructed two (2) tennis courts and a parking area serving the tennis courts. C. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 6.5 ENGINEERING A. Except as noted in Section 2.20, all project development will be consistent with Division 3.2 and 3.3 of the LDC. 6.6 UTILITIES A. Water distribution, sewage collection, and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 01 -57 as may be amended, except as may be provided in Section 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County Water -Sewer District. D. No septic tanks are permitted within 300 feet of the City of Naples Public Water Supply Well. G: \Current \Reischl\PUD\Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 23 6.7 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to approval of a site development plan. B. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Lemuria PUD conceptual surface water management system is described in the Surface Water Management and Utilities Report, which has been included in the PUD Rezone application materials. 6.8 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Review Staff. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve /open space areas, shall be submitted to Environmental Services Review Staff for review and approval prior to final site plan/construction plan approval. C. This PUD shall be consistent with the Environmental sections of the Collier County GMP Conservation and Coastal Management Element and the Collier County LDC at the time of final development order approval. D. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Review Staff for review and approval prior to final site plan/construction plan approval. E. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with the LDC. In the event the project does not require platting, conservation easements shall be dedicated to the project homeowners' association or like entity for ownership and G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 24 Qh maintenance responsibility and to Collier County with no responsibility for maintenance. F. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be subject to review and approval by Environmental Services Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. G. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final construction plan submittal. The approved language shall be added to the construction plans. Off site relocation may be required if sufficient habitat is not found on site. H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plan/construction plan approval. 6.9 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site - related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 25 A modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right - of -way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Pedestrianibicycle facilities shall be provided within and between all residential areas including the multi - family areas. L. The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Services Staff. 6.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit. 6.11 SIGNS All signs shall be in accordance with Division 2.5 of the LDC. G: \Current \Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 26 6.12 LANDSCAPING FOR OFF - STREET PARKING AREAS All landscaping for off - street parking areas shall be in accordance with Division 2.4 of the Collier County LDC in effect that the time of building permit application. 6.13 POLLING PLACES Pursuant to Section 2.6.30 of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in the interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. G: \Current\Reischl\PUD \Lemuria FKA Bella Lago\PUD Doc 12 -11 -03 clean.doc 27 .L LEG AL Al (OFFICIAL ALL THAT PART OF COUNTY, FLORIDA, DESCRIPTION RECORD BOOK SECTION 3, TOWNSHIP 49 BEING MORE PARTICULARLY (AS PROVIDED) r 2647, PAGE 2718 SOUTH, RANGE 25 EAST, COLDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 3; THENCE SOUTH 01 DEGREE 37'17" EAST ALONG THE EASTERLY LINE OF SAID SECTION 3, A DISTANCE OF 1347.52 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 89 DEGREES 28'30" WEST. A DISTANCE OF 1090.57 FEET TO THE EASTERLY RIGHT OF WAY LINE OF GOODLETTE FRANK ROAD, AS RECORDED IN PLAT BOOK 13, PAGE 58; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: 1) THENCE NORTH 06 DEGREES 46'20" EAST, A DISTANCE OF 134.76 FEET; 2) THENCE SOUTH 83 DEGREES 13'40" EAST, A DISTANCE OF 15.00 FEET; 3) THENCE NORTH 06 DEGREES 46'20" EAST A DISTANCE OF 923.71 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89 DEGREES 28'30" EAST, A DISTANCE OF 85.59 FEET TO THE EASTERLY LINE OF A FLORIDA POWER AND LIGHT EASEMENT; THENCE ALONG SAID EASEMENT LINE SOUTH 06 DEGREES 46'20" WEST A DISTANCE OF 42.87 FEET; THENCE LEAVING SAID EASEMENT LINE SOUTH 80 DEGREES 39'29" EAST, A DISTANCE OF 559.61 ' FEET TO A POINT OF INTERSECTION WITH A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2315.48 FEET, AND A CENTRAL ANGLE OF 10 DEGREES 46'51", THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 435.68 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS NORTH 03 DEGREES 57'05" EAST, A DISTANCE OF 435.04 FEET, THENCE NORTH 01 DEGREE 26'20" WEST, A DISTANCE OF 3.99 FEET TO THE NORTHERLY LINE OF SAID SECTION 3; THENCE ALONG SAID LINE NOR"I 89 DEGREES 28'30" EAST. A DISTANCE OF 250.00 FEET, TO THE POINT OR PLACE OF BEGINNING. LESS AND EXCEPT A TRACT OR PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA. WHICH TRACT OR PARCEL IS DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF SAID SECTION 3, RUN SOUTH 01 DEGREE 15'18" EAST ALONG THE EAST LINE OF SAID SECTION 3 FOR 1347.51 FEET TO THE NORTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2148, PAGE 407, AS RECORDED IN THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN SOUTH 89 DEGREES 52'14" WEST ALONG THE NORTHERLY LINE OF SAID DESCRIBED LANDS FOR 949.33 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 89 DEGREES 52'14" WEST ALONG SAID NORTHERLY LINE FOR 40.32 FEET TO ITS INTERSECTION WITH THE EASTERLY LINE OF THE 100 FOOT FLORIDA POWER AND LIGHT EASEMENT DESCRIBED IN DEED BOOK 30, PAGE 27, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 07 DEGREES 08'12" EAST ALONG SAID EASTERLY LINE FOR 57.97 FEET; THENCE RUN SOUTH 82 DEGREES 51'48" EAST FOR 40.00 FEET, THENCE RUN SOUTH 07 DEGREES 08'12" WEST PARALLEL WITH THE EASTERLY LINE OF SAID 10D FOOT FLORIDA POWER AND LIGHT EASEMENT FOR 52.87 FEET TO THE POINT OF BEGINNING. ALSO LESS AND EXCEPT: THOSE CERTAIN LANDS DESCRIBED IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3111. PAGE 591, PUBLIC RECORDS OF COWER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 119A: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BELOW: COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 89. 50' 32" WEST ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE OF 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT- OF -INAY LINE OF FRANK BOULEVARD Exhibit "A" 8C COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA AND RUN SOUTH 89' S0' 32" WEST ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE OF 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF FRANK BOULEVARD (GOODLETTE -FRANK .ROAD) AS PER PLAT RECORDED IN PLAT BOOK 13. PAGE 58, OF THE' PUBLIC RECfjROS OF COWER COUNTY; FLORIDA (1 °30' R /W); THENCE RUN SOUTH OT 08' 12" 'WEST ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 1224.90 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH OT 08' 12" WEST. A DISTANCE OF 132.83 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THAT PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK 2060. PAGE 2299, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89' 52' 12" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 15.12 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT -OF -WAY LINE OF GOODLETTE -FRANK ROAD(100' R/W); THENCE RUN NORTH 07' 08' 12" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE. A DISTANCE OF 134.75 FEET; THENCE RUN SOUTH 82' 51' 48" EAST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. PARCEL 1198: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND RUN SOUTH 89. 50' 32" WEST ALONG THE NORTH LINE OF SAID SECTION 3. A DISTANCE OF 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF GOODLETTE -FRANK ROAD (130' R /W); THENCE RUN SOUTH Or 08' 12" WEST ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 301.18 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1788, PAGE 1091, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, FOR A E POINT OF BEGINNING; THENCE RUN NORTH 89' 52' 12" EAST ALONG SAID SOUTH LINE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1788, PAGE 1091, A DISTANCE OF 10.45 FEET; THENCE RUN SOUTH OW 37' 57" WEST ' A DISTANCE OF 925.08 FEET; THENCE RUN NORTH 82' 51' 48" WEST, A DISTANCE OF 18.50 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT -OF -WAY LINE OF GOODLETTE -FRANK ROAD; THENCE RUN NORTH 0T 08' 12" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 923.72 FEET TO THE POINT OF BEGINNING. PARCEL 719: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 89' 50' 32" WEST ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE OF 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF GOODLETTE -FRANK ROAD (130' R /W); THENCE RUN SOUTH 07' 08' 12" WEST ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 1291.99 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 82' 51' 48" EAST, A DISTANCE OF 31.25 FEET; THENCE RUN SOUTH O7' 08' 12" WEST, A DISTANCE OF 49.93 FEET; THENCE RUN NORTH 82' 51' 48" WEST, A DISTANCE OF 31.25 FEET, THENCE RUN NORTH 07' 08' 12" EAST, A DISTANCE OF 49.93 FEET TO SAID POINT OF BEGINNING. /LIMO -'DN 31U A..1181HX3 >!L' m m m O C�m c� _ �> > os oyn mt�i E FEPZG)0 s �. 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -68 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day Of December, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Linda A. Houtzer Deputy Clerk P C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -68 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day Of December, 2003. rr DWIGHT E Clerk of Ex- officio County Coi4r "- 47 By: Linda A . IitDutl$el Deputy Clerk 9A RESOLUTION NO. 2003 -463 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO APPOINT AND CONFIRM THE APPOINTMENT OF MEMBERS TO THE OCHOPEE FIRE CONTROL ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 75 -6 created the Ochopee Fire District and provides for the establishment of an advisory board; and WHEREAS, Collier County Ordinance No. 89 -98 confirmed the creation of the Ochopee Fire District Advisory Board and provides that the advisory broad shall be composed of five (5) members and such membership shall consist of one (1) member from each of the designated areas; and WHEREAS, there is currently a vacancy and terms are due to expire creating additional vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, Everglades City has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Jane Bee is hereby appointed to the Ochopee Fire Control Advisory Board to fulfill the remainder of the vacant term, said term to expire on December 31, 2004. 2. Julianne Ballard is hereby appointed to the Ochopee Fire Control Advisory Board for a 2 year term, said term to expire on December 31, 2005. 3. John Pennell is hereby reappointed to the Ochopee Fire Control District Advisory Committee for a two year term, said term to expire on December 31, 2005. 4. David Loving is hereby confirmed for reappointment to the Ochopee Fire Control District Advisory Board. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001 -55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of John Pennell and Councilman David Loving to this Board. This Resolution adopted after motion, second and unanimous vote. DATED: December 16, 2003 ATTEST: DWIGHT E. BROCK, Clerk .►test as n's A'pp f pv6d a �t� fc nl .3r; 1 legal sWiciency:...- , AA,04,--, David C. Weigel County Attorney BOARD gF COUNTY COMMISSIONERS COLLI COUN , FLORIDA a By: TOM HENNING, Chairman RESOLUTION NO. 2003 -464 9B A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO REAPPOINT MEMBERS TO THE GOLDEN GATE ESTATES LAND TRUST ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 87 -48 created the Golden Gate Estates Citizens Advisory Committee; and WHEREAS, Ordinance No. 87 -48 was amended by Ordinance No. 94 -40 which renamed the Committee the "Golden Gate Estates Land Trust Advisory Committee;" and WHEREAS, this Committee is composed of 5 members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Golden Gate Estates Land Trust Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Jeffrey Scott Curl, representing the Phase II category, is hereby appointed to the Golden Gate Estates Land Trust Committee to fulfill the remainder of the vacant term, said term to expire on October 13, 2005. This Resolution adopted after motion, second and majority vote. DATED: December 16, 2003 ATTEST: DWIGHT E. BROCK, Clerk . a tid ei+H ., r . ` . 'Cle ' "Slt ft #ure 1 Approved... ,�s1to;�pEm,�nd legal sufficiency: 4'-"� v �' David C. Weigel County Attorney DCW /kn : h; public; kay; advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman 003 -465 RESOLUTION NO. 2 9C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 75 -4 created the Golden Gate Municipal Services Special Taxing District and provides that the Board of County Commissioners shall appoint three to five electors residing within the District to serve on the Committee; and WHEREAS, the terms of two members will expire creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Kaydee Tuff is hereby reappointed to the Golden Gate Community Center Advisory Committee for a 2 year term, said term to expire on December 31, 2005. 2. Vicki A. Clavelo is hereby reappointed to the Golden Gate Community Center Advisory Committee for a 2 year term, said term to expire on December 31, 2005. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001 -55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Kaydee Tuff and Vicki Clavelo to this Committee. This Resolution adopted after motion, second and majority vote. DATED: Dege�mlp06,4003 ATTEST: ` { ' a DWI F., I �Ci� �a l•' L u r (r D-C - to Atte s .s' signa re only. Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/ kn : h; public; kay; adviso ryboa rds BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • By: TOM HENNING, Chairmaff 90 RESOLUTION NO. 2003 -466 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPOINTING JOSEPH D. GAMMONS TO THE ENVIRONMENTAL ADVISORY COUNCIL. WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County adopted Collier County Ordinance No. 99 -6 creating the Environmental Advisory Council; and WHEREAS, Collier County Ordinance No. 99 -6 provides that the Environment Advisory Council shall consist of 9 members; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Joseph D. Gammons is hereby appointed to the Environmental Advisory Council to fulfill the remainder of the vacant term, said term to expire on April 13, 2005. This Resolution adopted after motion, second and majority vote. DATED: December 16, 2003 ATTESTa v`trd�t`�� DWIGNT.' ,.8RCJCK1... k .� + P. r } Approved as to form and legal sufficiency: r David C. Weigel County Attorney DCW /kn:h; public; kay;advisory boards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA r B TOM HENNING, Chairma 9E RESOLUTION NO. 2003 -467 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT MEMBERS TO THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE. WHEREAS, Ordinance No. 93 -76, as amended, creating the Collier County Development Services Advisory Committee, provides that the Committee shall consist of fifteen (15) members that are residents of Collier County and include representatives from such groups as architects, general contractors, residential or builder contractors, environmentalists, land planners, land developers, landscape architects, professional engineers, utility contractors, plumbing contractors, electrical contractors, structural engineers, and attorneys; and WHEREAS, there are currently vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Development Services Advisory Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Blair A. Foley is hereby reappointed under the category of Engineer to the Collier County Development Services Advisory Committee for a 4 year term, said term to expire on December 14, 2007. 2. Thomas Masters is hereby reappointed under the category of Engineer to the Collier County Development Services Advisory Committee for a 4 year term, said term to expire on December 14, 2007. 3. Peter Van Arsdale is hereby reappointed under the category of Building Contractor to the Collier County Development Services Advisory Committee for a 4 year term, said term to expire on December 14, 2007. 4. Marco A. Espinar is hereby reappointed under the category of Environmental Planner to the Collier County Development Services Advisory Committee for a 4 year term, said term to expire on December 14, 2007. 5. Brian E. Jones is hereby reappointed under the category of Building Contractor to the Collier County Development Services Advisory Committee for a 4 year term, said term to expire on December 14, 2007. 6. William J. Varian is hereby appointed under the category of General Contractor to the Collier County Development Services Advisory Committee for a 4 year term, said term to expire on December 14, 2007. This Resolution adopted after motion, second and majority vote. DATED: December 16, 2003 ATTEST: DWIGHT o B �. CK, Clerk Deptitytc. -:4 i Approved as to�form and legal sufficiency: David C. Weigel County Attorney DCW /kn;h;kay;advisory boards 2 9'V BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairma RESOLUTION NO. 2003 -468 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CONFIRM AND APPOINT JAMISON SAVAGE TO THE COLLIER COUNTY REVENUE COMMISSION. WHEREAS, on March 11, 2003, the Board of County Commissioners of Collier County adopted Resolution No. 2003 -118, creating the Collier County Revenue Commission; and WHEREAS, the Collier County Revenue Commission is to be composed of nineteen (19) members from various civic and governmental associations; and WHEREAS, the Board of County Commissioners received a letter from Tammie Nemecek, Executive Director of the Economic Development Council of Collier County, Naples, Florida, requesting that Jamison Savage be replaced on the Collier County Revenue Commission as the Economic Development Council representative. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Jamison Savage, representing the Economic Development Council of Collier County, Naples, Florida, is hereby confirmed and appointed to the Collier County Revenue Commission to fulfill the remainder of the vacant term, said term shall expire on January 8, 2005. This Resolution adopted after motion, second and majority vote. DATED: December 16, 2003 ATTEST: DWIGHT E. BROCK, Clerk ADepity Ce�� IJ Apprav�i=,ps to�fei o a legal sffiie ,F t. t .I X4"-,,Of t' David C. Weigel County Attorney DCW /kn: h; public;kay;advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman 1 0 A; TRANSMAP Corporation RFP # 3505 Chronology of Material Events Date Event March 21, 2003 FRFP 3505 was released April 18, 2003 MAP submitted a sealed proposal response to RFP #3505. Team includes TRANSMAP, Dynatest, and ESRI May 28, 2003 1st Meeting of the selection committee to discuss the proposals - TRANSMAP voted #1 overall June 27, 2003 2nd Meeting of the selection committee to discuss the proposals - TRANSMAP was again voted #1 overall September 15, 2003 3rd Meeting of the selection committee to discuss the proposals - TRANSMAP again was chosen to be the best bid - even after learning of the possible disqualification November 14, 2003 Public Records Examination revealed that TRANSMAP also offered the lowest bud eta rice Issues 1. Proposal was not changed after submission. 2. First contact with Will Walter was on June 16th, 2003 to provide ESRI Authorized Reseller support at the vendor presentation on June 27 th , 2003. TRANSMAP and WilsonMiller personnel had no prior involvement June 16th, 2003, roughly two months after proposals were submitted. 3. On July 22nd 2003, TRANSMAP was disqualified because Will Walter had been involved at the County creating a possible Conflict of Interest giving TRANSMAP an advantage over other vendors. o 0 William E. Walter OA 2289 ArbourWalk Circle #324 Naples, Florida 34109 December 15, 2003 To Whom It May Concern: I, William E. Walter, do attest to the following items: 1) In reference to RFP# 3505, "Roadway Asset Inventory Database ", I was requested to review scope to ensure GIS deliverables were compatible with Collier County's Enterprise GIS system. I did comment that it appeared to be compatible in GIS deliverables section. I had no other direct influence on the preparation of this RFP. 2) At no time did I participate in development of a bid strategy or proposal Preparation with any Vendor for their response to RFP# 3505. 3) Upon the recommendation of ESRI Corporation and at the request of Transmap; I attended Transmap's June 27 vendor presentation to Collier County, as an ESRI Authorized Reseller. My sole role in this meeting was to be a subject matter expert on standard ESRI software products. Should you have any questions concerning the above issues, please contact me at 239 -404 -1113. Sincerely, William E. Walter The foregoing instrument was acknowledged before me this 15th day of December 2003, by Wjlliam E. Walter, who is personally known to me and did not take an oath. Z Notary Public COLLEEN C. HOFFERBER MY COMMISSION # DD 186462 EXPIRES: May 3, 2007 Bonded TTru Notary Public Urdwwdte s Cod' L�r Con-ftty Memorandum To: Asset Inventory Professional Services Selection Committee From: Michael A. Etelamaki, P.E., Director Road Maintenance Department Date: September 15, 2003 Subject: GIS Based Asset Management I have the following concerns: 1. My understanding is that we rejected all proposal based on IT's recommendation to design the business process first. 2. I have stated in the past that we are not getting the best - qualified firm or team for this project if we award to Space Imaging. 3. Road Maintenance /Stormwater Management needs a total solution to asset management, not just a GIS based inventory and a map linked to several Patchwork applications to emulate a work management and costing system. 4. GASB 34, NPDES Phase II and ICMA Performance Measures are some of the mandates that Collier County Road Main tenan ce/Stormwater Management is working under. The cost and performance information mandates need a total asset management solution now, not 3 -5 years from now. 5. There are alternatives to explore rather than jumping into a database that will require high maintenance by the Transportation GIS Analyst with little return on the investment for planning, scheduling, controlling and reporting work activities and to start making better management decisions. Quoting Barry Axelrod, "We should defer the inventory data collection activity until we have completed the requirement research above and have conducted an acquisition process and selected a vendor. Once we know the target application, the data collection follows. This is what we have been told by everyone we have talked to so far. In essence, in our rush to spend GIS money, we were doing it backwards. There money won't evaporate - it can roll into FY04. Let's do this right. First things first ". Transportation Services Division Road Maintenance Department tea• +� • co � c a mi � I • vow �« l � ii �► �c� 06 4 r © + Y r co „ e 4 r3E:k p D P K TRANSMAP Corporation— Intelligent Roadway 10 As Used In Hillsborough, Martin and Manatee Counties 10E RESOLUTION NO. 03 -469 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $25,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE COUNTY, INCLUDING THE REIMBURSEMENT OF CERTAIN EXPENSES INCURRED BY THE COUNTY IN CONNECTION THEREWITH, IF NECESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part 1, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. 10E "Board" means the Board of County Commissioners of the County. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex- officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12,199 1, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A -27" means the Loan designated as "Loan No. A -27" the proceeds of which are to be used to finance Project A -27. 2 IOE t�- "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non -Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A -27" means the costs and expenses relating to the acquisition of approximately 50 acres of real property located in the northeast quadrant of the intersection of Goodlette -Frank Road and Golden Gate Parkway and commonly known as the Fleishman property and as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non -Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similarterms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption 10E of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial PaperNotes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to finance Project A -27 and the most cost - effective means by which to finance Project A -27 is by the use of moneys obtained pursuant to the Program by means of Loan No. A -27. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A -27 pursuant to the terms of the Loan Agreement and the financing of Project A -27 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. 11 10E (G) Loan No. A -27 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non -Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (H) Due to the potential volatility of the market for tax - exempt obligations such as the Note or Notes to be issued evidencing Loan No. A -27, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The Countyhereby approves of Loan No. A -27 in the aggregate amount of not exceeding $25,000,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A -27. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A -27 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall determine the date or dates of funding of Loan No. A -27 and the amounts thereof in accordance with the terms of the Loan Agreement as appropriate to finance Project A -27 and is permitted by the Loan Agreement. The repayment of Loan No. A -27 shall be made in such amounts and at such time or times as shall be determined by the Finance Director and set forth in the applicable Note or Notes and as shall be permitted by the Loan Agreement; provided, however, the final principal payment with respect to the Loan may not be later than December 2, 2008. Loan No. A -27 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -27 -1 shall be 30 basis points or such other amount as Wachovia Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A -27. The County does hereby authorize the acquisition of Project A -27 and the reimbursement of any costs incurred by the County with respect to Project A -27 within the prior 60 days which are approved by Bond Counsel to the Program. 5 10E SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A -27 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A -27 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION S. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 0 DULY ADOPTED this 16th day of December, 2003. (SEAL) ATTEST:, Clerk Dwight,-_. Brock APPR'GVV,D AS- T,4 FORM AND LEGAL StIfVT�CIENCY: County Attorney David C. igel 10E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA O By: 44—j�� Chairman Tom Henning item # 10E Agenda Date 111663 ' L- -3 f2 �� je 10F -' Vanderbilt Beach Road Reclaimed Water Main Collier County Wastewater Department COLLIER COUNTY BID NO. 03 -3529 COLLIER COUNTY WATER -SEWER DISTRICT Design Professional: WilsonMiller, Inc. -- 3200 Bailey Lane, Suite 200 Naples, Florida 34105 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main TABLE OF CONTENTS 10F. A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE ONE ONLY) B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER PROPOSAL DOCUMENTS - D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirements EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT H1: Dispute Resolution Procedure EXHIBIT H2: Maintenance of Traffic (MOT) Policy EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by WilsonMiller, Inc, and identified as follows: Vanderbilt Beach Road Reclaimed Water Main as shown on Plan Sheets 1 through 12. — Bid No. 03 -3529 –Vanderbilt Beach Road Reclaimed Water Main _ PART A - PUBLIC NOTICE/ 1OF LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY WATER - SEWER DISTRICT COLLIER COUNTY, FLORIDA Vanderbilt Beach Road Reclaimed Water Main COUNTY BID NO. 03 -3529 Separate sealed proposals for the construction of Vanderbilt Beach Road Reclaimed Water Main, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 31st day of July, 2003, at which time all -- proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department Conference Room, Collier County Government Center, Purchasing Building, at 11:00 A.M. LOCAL TIME on the 16th day of July, 2003 at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Proposal for County Water -Sewer -- District, Collier County, Florida, Vanderbilt Beach Road Reclaimed Water Main for the Collier County Wastewater Department, County Bid No.03 -3529 and Bid Date of July 31, 2003 ". No bid shall be considered unless it is made on the Bid Proposal which is included in the Bidding Documents. The Bid Schedule (WS -P -1 through WS -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of Public Utilities Engineering Department, 3301 Tamiami Trail East, Naples FL 34112, or at the Purchasing Department, Purchasing Building, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $75.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is non - refundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F. W. Dodge Company 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 WS -PN -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1OF Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less "-' than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. -- The Successful Bidder shall be required to finally complete all Work within one hundred eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. — The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this 2nd day of July, 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, NAPLES, FLORIDA BY: /s/ Stephen Y. Carnell Stephen Y. Carnell Purchasing Director WS -PN -2 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main PART B - INSTRUCTIONS TO BIDDERS 1OF Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the °- project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his /her duties specified in this agreement to the Design _ Professional. 1.4 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.5 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages WS- P-1 through WS -P -12 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name, Bid Opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail East, -- Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. WS -IB -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main Ccr - +inn I Rirl rinnncit Pc1n111ramPntc 1OF 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check -- payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the Bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time, but no later than one hundred twenty (120) days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to- Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Proposals 4.1 Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his signature shall be inscribed. WS -I B -2 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 10 .,j 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. -- 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without -_ legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at.their respective addresses fumished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting his Bid, that he has — received all addenda issued and he shall acknowledge same in his Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is -- non - mandatory. In instances were the County has deemed the pre -bid to be mandatory, the Bidder's failure to attend the pre -bid conference shall result in the rejection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting his Bid, each Bidder certifies that he has: a. Examined all Bidding Documents thoroughly; WS -I B -3 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1® E i b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of his observations with the requirements of bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for µ` any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project - available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting his Bid, each Bidder shall, at his own expense, make such additional surveys and investigations as maybe necessary to determine his Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are — approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the -- total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation — for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at rt-- the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. WS -I B-4 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1 pllfif Award of contract shall be made to the lowest, responsive and quBidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject °- all bids proposing the use of any subcontractors who have been disqualified from bidding the County, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such -- award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption ( #21 -07- 019995 -53c) upon contract __. award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according _. to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that he is aware of his statutory responsibilities for sales tax under Chapter 212, Florida Statutes. Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed - response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that he is aware of his responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. WS -I B -5 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 14.2 The successful bidder shall be responsible for procuring and a in for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be - considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000 -58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. WS -IB -6 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 10F COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 - (239) 774 -8407 FAX (239) 732 -0844 http: / /colliergov.net ADDENDUM DATE: July 24, 2003 TO: Interested Bidders FROM:Kelsey Ward, Senior Purchasing & Contracts Agent ov SUBJECT: Addendum # 1 — Bid #03 -3529 "Vanderbilt Beach Road Reclaimed Water Main" Addendum #1 covers the following change for the above - referenced Bid: Changes to the drawings: The following is a summary of construction drawing changes since the original bid set. It is not intended to be a complete listing of all changes. The Bidder shall refer to the attached set of Construction Drawings, which shall take precedence over this list in case of discrepancies or missing information. Sheet Number Summary of changes to sheet 3 - STA 0 +00 -11 +00 -Change offset to 10' off FPL easement line 4 - STA 11 +00 -23 +00 -Change `Jack and Bore' of Tiburon Drive to `Open Cut' 9 - STA 69 +00 -80 +00 -Reduce offset from north ROW from 10' to 5' 10 - STA 80 +00 -End - Reduce offset from north ROW from 10' to 5' -At STA 85 +60t South Side of VBR, Replace `20" to 10" and 10" to 8" reducers and 8" sate valve, stubout and nlusz' with `20" olu2' Replace: the Contract Proposal (page WS -P -2) from the original packet with the attached revised Proposal Page WS -P -2. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Ron Dillard, Senior Project Manager, Public Engineering Utilities Department at 239/- 530 -5338 or me at 239/774 -8949 or by e-mail at KelseyWard @colliergov.net. cc: Ron Dillard, PUED _1M Revised Bid Schedule 1OF BID NO. 03 -3529 "VANDERBILT BEACH ROAD RECLAIMED WATER MAIN" Addendum No. 1 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE AMOUNT EM -1 Mobilization 1 LS EM -2 0" DR 25 PVC 7,355 LF EM -3 0" DR 18 PVC 488 LF EM-4 8" DR 18 PVC 40 LF EM -5 0" Ductile Iron Pipe 40 LF EM -6 Jack & Bore (36" Steel Casing) 188 LF EM -7 0" Gate Valve 6 EA EM -8 8" Gate Valve 2 EA EM -9 lAir Release Valves 4 EA EM -10 Relocate Existing 20" Gate Valve 1 EA EM -11 0" Reclaimed Water Main Dip Assembly 2 EA EM -12 " Force Main Dip Assembly 1 EA EM -13 " Water Main Dip Assembly 1 EA EM -14 8" Water Main Dip Assembly 0 EA EM -15 8" Stubout & Plug 2 EA EM -16 0" Reclaimed Water Main Connection 4 EA EM -17 Concrete Cradle Crossing 1 EA EM -18 Open- Cut/Restore Asphalt Driveway 2 EA EM -19 Open- Cut/Restore Limerock Driveway 2 EA EM -20 Landscape Removal /Restoration 1 LS EM -21 Silt Fence 8,500 LF EM -22 Maintenance of Traffic LS LF EM -23 Open Cut/Restore Tiburon Drive 1 LS OTAL Is WS -P -2 BID PROPOSAL 1OF COLLIER COUNTY WATER -SEWER DISTRICT COLLIER COUNTY, FLORIDA Vanderbilt Beach Road Reclaimed Water Main Bid No. 03 -3529 Full Name of Bidder Southwest Uti 1 ity Svstems , Inc. — Main Business Address 16341 Old US 41 South Fort Myers, Florida 33912 Place of Business 16341 Old US 41 South Fort Myers, Florida 33912 State Contractor's License # CU 0 0 2 6 5 81 Telephone No. 239- 267 -0200 Fax No. 239- 267 -7478 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA °- EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter called the Owner). _ The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the _ proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number 1 Date Issued 7/24/03 Contractor's Initials _. Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary _ machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the — requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that he will take full payment the sums set forth in the --- following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. WS -P -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main Revised Bid Schedule 1OF BID NO. 03 -3529 "VANDERBILT BEACH ROAD RECLAIMED WATER MAIN" Addendum No. 1 ITEM NO. DESCRIPTION ESTIMATED UNIT UNIT PRICE AMOUNT EM -3 0" DR 18 PVC QUANTITY LF 8U. UU 39,040.00 EM -1 Mobilization 1 LS $ 75,,000.00 $75,000.00 CM -L v UK z5 Fvu 7,355 LF 55.00 404, 525.00 EM -3 0" DR 18 PVC 488 LF 8U. UU 39,040.00 EM-4 " DR 18 PVC 40 LF 80.00 3,200.00 EM -5 0" Ductile Iron Pipe 40 LF 400.00 EM-6 Jack & Bore (36" Steel Casing) 188 LF 250.00 ..161000.00 47 000.00 EM -7 0" Gate Valve 6 EA 6,800.00 40, 800.00 EM -8 " Gate Valve 2 EA 900.00 1800.00 EM -9 it Release Valves 4 EA 3,500.00 14, 000.00 EM -10 Relocate Existing 20" Gate Valve 1 EA 3,500.00 3 , 500.00 EM -11 0" Reclaimed Water Main Dip Assembly 2 EA 8,500.00 17, 000.00 EM -12 " Force Main Dip Assembly 1 EA 2,500.00 2,500.00 EM -13 " Water Main Dip Assembly 1 EA 2,800.00 2,800.00 EM -14 " Water Main Dip Assembly 0 EA 3 , 0 0 0 . 0 0 00.00 EM -15 8" Stubout & Plug 2 EA 750.00 1,500.00 EM -16 0" Reclaimed Water Main Connection 4 EA 2,500.00 10, 000.00 EM -17 Concrete Cradle Crossing 1 EA 8,500.00 8,500.0o EM -18 pen- Cut/Restore Asphalt Driveway 2 EA 1,500.00 3,000.00 EM -19 pen- Cut/Restore Limerock Driveway 2 EA 1,200.00 2,400.00 EM -20 Landscape Removal /Restoration 1 LS 115,000.00 115, 000.00 EM -21 Silt Fence 8,500 LF 2.00 17, 000.00 EM -22 Maintenance of Traffic LS LF 18, 000.00 18, 000.00 EM -23 Open Cut/Restore Tiburon Drive 1 LS 2,850.00 2,850.00 OTAL $ 845, 415.00 WS -P -2 1nr MATERIAL MANUFACTURERS 4. The Bidder is required to state below, material manufacturers he proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON- RESPONSIVE. MATERIAL MANUFACTURER PVC PIPE J & M � 1. 2. 4. 5. 6. t Dated 7/31/03 Southwest Utility Systems, Inc. Bidder By: (?6424 ` Richard T. Cowart, President t 1 1 WS -P -3 �� Bid No. 03 -3529 - Vanderbilt Beach Road Reclaimed Water Main 1OF LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors 4 on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited . to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes noncompliant and or non - qualified subcontractors in his /her bid offer. Further, the County may direct the bidder /contractor to remove /replace subcontractor that is found to be noncompliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. Subcontractor Class of Work and address to be performed 1. Triple J Grassinq Sod /Landscapinq Fort Myers, FL 2. Cabana Drilling /Boring ti Fort Myers, FL — 3. 4. ti 5. 6. 7. Dated 7/31/03 Southwest Utility Sy,-4-ems, Inc. Bidder /� By: Richard T. Cowart, President WS -P -4 I� Bid No. 03 -3529 - Vanderbilt Beach Road Reclaimed Water Main STAT rvl_I_=_NT OF EXPERIENCE OF BIDDFR The Bidder is required to state below what work of similar magnitude is a ju ge Q Fis experge ' skill and business standing and of his ability to conduct the work as completely and as rapidly as required under the terms of the contract. Proiect and Location Reference 1. Southwest 3 Southeast Utility Expansion Phil Tunnah - MWH Constructors 2503 Del Prado Blvd. Suite 420 Cane Cnra1_ Flnri(ia Cane Coral. Florida 3'3904 2 Pine Island Central Utility Expansion w Cape Coral, Florida 3. Southwest 1 Southeast Utility Expansion Cape Coral, Florida 4. Bonita Sprinqs Utility Sewer Expansion Phase 4B Bonita Sprinqs, Florida 5. 6. 7. 8. Dated 7/31/03 Larry LAWS - MWH Constructors 2503 Del Prado Blvd Suite 420 CApe Coral, Florida 33904 Phil Tunnah - MWH Constructors 2503 Del Prado, Suite 420 Cape Coral, Florida 33904 Patrick Jenninqs, BSU 11860 East Terry Street Bonita Sprinqs, Florida 34135 Southwest Utility Systems, Inc. Bidder By: Richard T. Cowart, President WS -P -5 —13icl No. 9 - Vanderbilt Beach Road Reclaimed ?,'iair, Total $ 36, 000.00 Failure to complete the above may result in the Bid being declared non - responsive. Dated a 7/31/03 Southwest Utility Systems, Inc. Bidder By. Richard T. Cowart, President I� I I� l~ (� WS -P -6 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main TRENCH SAFETY ACT 10F . Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act, Chapter 553, Part VI, Florida Statutes. The Bidder further identifies the cost to be summarized below: 1 Trench Safety Units of Unit Unit Extended Measure Measure Quantit Cost .,Cost (Description) (LF.SY) Competant LS 1pPrson 1 $1,000.00 i 2.Slopinq IF 7,000 $3.00 $21,000.00 Dewaterinq LF 7,000 $2.00 $14,000.00 3. 4. 5. 6. Total $ 36, 000.00 Failure to complete the above may result in the Bid being declared non - responsive. Dated a 7/31/03 Southwest Utility Systems, Inc. Bidder By. Richard T. Cowart, President I� I I� l~ (� WS -P -6 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1OF Upon receipt of written notice of the conditional acceptance of this Bid; Bidder will execute the formal Contract attached within 10 calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of- 5% of amount of the bid dollars ($5-,- of bid ) is to become the property of — the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. -- If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within one hundred fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred eighty (180) consecutive calendar days, q computed by excluding the commencement date and including the last day of such period. Respectfully Submitted: j�. State of Florida w County of Lee. Richard T. Cowart being first duly sworn on oath deposes and says that the Bidder on the above Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Richard T. Cowart , also deposes and says that he has examined and carefully prepared his Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. I YRaWA "— Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main (a) Corporation 1OF The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of southwest utility systems, Incand the full names of its officers are as follows: I President Richard T. Cowart Secretary Kimberly A. Egger Treasurer Kimberly A. Egger Manager Kimberly A. Egger and it (does) or (does not) have a corporate seal. The is atitl I _l — (b) Co- Partnership N/A The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual N/A The Bidder is an individual whose full name is _if operating under a trade name, said trade name is Dated N/A legal entity WS -P -8 -=3id No. 03 -3529 - Vanderbilt Beach Road Reclaimed Water Main and let �► J. L- A 0 • F4 gel Witness /Sec etary Tr asurer Witness BY: Southwest Utii Name o iddemlvo • M .4 ystems, Inc. Signature/Title Richard T. Cowart, President 16341 Old US 41 South, Ft. Myers, FL State of Incorporation: Florida [Corporate Seal] STATE OF Florida COUNTY OF Lee st The foregoing instrument was acknowledged before me this day of ,v f , 2003, by Lich Ord 1 Cp wa r-± , as -E r e s e A,4- I of S"Jt S a /= /or, dc, corporation, on behalf of the corporation. He /she i me or has produced as identification and did (did not) take an oath. ( My Commission Expires: (AFFIX OFFICIAL SEAL) Ci (Signatu e of ary) Name: (Legibly Pr nt d) M" JMe 8WW MY CWM*Ww 00210104 Notary Public, State of yay Ex'W aMhy06,2o07 Commission No.: M601=6 I- Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main BID BOND 1OF KNOW ALL MEN BY THESE PRESENTS, that we SOUTHWEST UTILITY SYSTEMS, INC. FORT MYERS, FLORIDA (herein after called the Principal) and ATLANTIC MUTUAL _ INSURANCE COMPANY (herein called the Surety), a corporation chartered and existing under the laws of the State of NEW YORK with its principal offices in the city of _ NEW YORK, NY and authorized to do business in the State of _ FLORIDA are held and firmly bound unto the COLLIER COUNTY BOARD OF COUNTY _ COMMISSIONERS (hereinafter called the Owner, in the full and just sum of FIVE PERCENT OF AMOUNT OF THE BID dollars ($ 5% OF BID ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment welt and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: Vanderbilt Beach Road Reclaimed Water Main Bid No. 03 -3529 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100 %) Percent of the total Contract price each in a form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon - demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. WS -P -10 Bid No. D3 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1OF IN TESTIMONY Thereof, the Principal and Surety have caused these present to be duly signed and sealed this 31ST day of JULY 2003_ SOUTHWEST UTILITY SYSTEMS, INC. PrinW 4 n By. (Seal) ATLANTIC MUTUAL INSURANCE COMPANY T Surety (Seal) FRANCIS T. O'REARDON ATTORNEY -IN -F Countersigned FRANCIS T. O'REA ON Local Resident Producing Agent for JOHNSON & COMPANY 839 N. MAGNOLIA AVENUE, ORLANDO, FL 32803 WS-P-1 1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main � 1OF AtlanticMutual Atlantic Mutual Insurance Company P'04 er of Attorney Companies Centennial Insurance Company KNOW ALL MEN BY THESE PRESENTS, that the Atlantic Mutual Insurance Company and Centennial Insurance Company, corporations duly organized under the laws of the State of New York hereinafter called Companies, do hereby appoint Francis T. O'Reardon & Joann H. Bebout & Joseph D. Johnson, Jr. & L. Mitchell Johnson & Pamela P. Smith & Todd L. Johnson their true and lawful Attorneys -in -Fact to make, execute, seal and deliver on their behalf as surety any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require. Such bonds and undertakings when duly executed by the aforesaid Attomey(s) -in -Fact shall be binding upon the Companies as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary and sealed with its corporate seal. This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Trustees of Atlantic Mutual Insurance Company and the Board of Directors of Centennial Insurance Company adopted effective December 1, 1999 and now in full force and effect; _ RESOLVED that the Chairman, President or Senior Vice President -Surety may appoint other officers of the Company or agents of the Com- pany to act as its lawful Attomey -in Fact in any State, Territory or Federal District to represent this Company and to act on Its behalf within the scope of the authority granted to them in writing, which authority may include the power to make, execute, seal and deliver on behalf of this Company as surety, and as its act and deed, any and all bonds and undertakings of suretyship and such other documents as are required in the ordinary course of surety business; and that the Secretary, Assistant Secretary or any Officer of the Corporation be, and that each or any of them is, authorized to verify any affidavit or other statement relating to the foregoing and to any resolutions adopted by its Board of Trustees (or Board of Directors, as applicable); and that any such Attomey -in -Fact may be removed and the authority so granted may be revoked by the Chairman, President, Senior Vice President -Surety or by the Board of Trustees (or Board of Directors, as applicable). IN WITNESS WHEREOF, each of the Companies has caused this Power of Attorney to be signed and its corporate seal to be affixed by its autho- rized Officer this Fourth day of Janua 2000. Atlantic Mutual Insurance Company -- Centenni urance Company By Attest ,� •..� c.....&I.. Thomas P. Gorke, Senior Vice President Michael B. Keegan, Vice Pre ident�i+ c State of New Jersey . �y, C � .County of Passaic } SS '' ?NCE °` `,�,,p0 r On this LourLh day of Janua 2000, before me, a Notary Public of the State and County aforesaid residing therein, duly commissioned and sworn, personally came the above named officer of the Company who being by me first duly sworn according to law, did depose and say that he is the officer of the Company described in and which executed the foregoing instrument; that he knows the seal of the Company; that the seal affixed to such instrument is the corporate seal of the Company; and that the corporate seal and his signature as such officer were affixed and subscribed to the said instrument by order of the Board of Trustees (or Board of Directors, as applicable). .•...,MPq.... * Notary Public (Seal) -Z 4S L1G Fty J.ER.��y.: My commission expires February 18, 2007 ............. I, the undersigned Michael B. Keegan, Vice President of Atlantic Mutual Insurance Company and Centennial Insurance Company, do hereby cer- tify that the original power of attorney of which the foregoing is a full, true and correct copy, Is in full force and effect on the date of this Certificate and I do further certify that the Senior Vice President who executed said Power of Attorney was one of the Officers authorized by the Board of Trustees and Board of Directors to appoint an attomey -in -fact pursuant to the Board resolution stated above dated December 1, 1999. This Certi- ficate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Trustees of Atlantic Mutual Insurance Company and the Board of Directors of Centennial Insurance Company, adopted at a meeting duly called and held on the 1st day of December, 1999. RESOLVED, that the use of a printed facsimile of the corporate seal of the Company and of the signature of an Officer of the Company on any cer- tification of the correctness of a copy of an instrument executed by the Chairman, President or Senior Vice President -Surety pursuant to the Board resolution, dated December 1, 1999, appointing and authorizing an attomey -in -fact to execute in the name of and on behalf of the Company, surety bonds, undertakings and other instruments, shall have the same effect as if such seal and such signature had been manually affixed and made, is hereby authorized and approved. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of each of o the Companies to these presents this 31 ST day of JULY 20 03. ,/�- -- a Michael B. Keegan, Vice Pre ident 00 To verify the authenticity of this Power of Attorney, call 1- 800 -444 -6565 and ask for the Power of Attorney Clerk. THIS SHEET MUST BE SIGNED BY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST 1OF VENDOR I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: pBid Number; r-->Project Name; <::>Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified o enin date and time. (Otherwise bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Southwest lity Systems, Inc. Bidder Name Signature & Title Richard T. war e ident Date WS -P -12 �" Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 10F CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ex- Officio the Governing Board of the Collier County Water -Sewer District ( "Owner "), hereby contracts with Southwest Utility Systems, Inc. ( "Contractor ") of 16341 Old US 41, Fort Myers, Florida 33912 a Florida corporation to perform all work ( "Work ") in connection with Vanderbilt Beach Road Reclaimed -- Water Main, Bid No. 03 -3529 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by WilsonMiller, Inc. the Engineer and/or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Proposal and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, _ tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: eight hundred forty five thousand four hundred fifteen dollars and zero cents ($845,415.00). WS -CA -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main Section 4. Bonds. 1OF A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within one hundred fifty (150) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within one hundred eighty (180) calendar days from the Commencement Date (herein "Contract Time "). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the number of calendar days for substantial completion established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, eight hundred sixty -four dollars and thirty -two cents ($864.32) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of four hundred thirty -two dollars and sixteen cents ($432.16), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. The Project shall be deemed to be substantially — completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted -- liquidated damages as a penalty, WS -CA -2 — Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 10F which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at _ the time of contracting if Contractor fails to substantially or finally complete the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or _ Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County will count default days in calendar days. "— E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of eight hundred sixty -four dollars and thirty -two -- cents ($864.32) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the Contractor, or in the case of his default, the surety, shall pay the sum of four hundred thirty -two dollars and sixteen cents ($432.16) per day for each day the Contractor fails to reach Final -- Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract — by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the — Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. WS -CA -3 -- Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main I. Release of Contractor's Responsibility. 1OF The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was -- caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit H1: Dispute Resolution Procedure Exhibit H2: Maintenance of Traffic (MOT) Policy Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L : Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by WilsonMiller, Inc. and identified as follows: Vanderbilt Beach Road Reclaimed Water Main as shown on Plan Sheets 1 through 12. Section 7. Notices. _ A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department -- 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239 - 530 -5338 -- FAX: 239 - 530 -5378 Email: ronalddillard @colliergov.net WS -CA -4 -- Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1(1F B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Richard T. Cowart, President Southwest Utility Systems, Inc. 16341 Old US 41 Fort Myers, Florida 33912 Telephone: 239 - 267 -0200 FAX: 239 - 267 -7478 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire -- agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be - deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. WS -CA -5 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main Section 14. Change Order Authorization. 10F The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation `-` under the Contract Documents upon the Contractor. WS -CA -6 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main r s IN WITNESS WHEREOF, the parties have executed this Ag tE the date ( ) indicated -. below. TWO WITNESSES: iu y ' • :. 1b . n. .X A - aeX0 Type/P A Name p SE ND WIT SS Type /Print Name Date: _:K�,n. -2,�coL4 ATTEST: MEN@ D\,fight Brock, Clerk ` Attest as to Chaim$ signature only, Approved As To Form and Legal Sufficiency: Ro ert cha Assistant County Attorney CONTRACTOR: Southwest Utility Systems, Inc. By: /� _ %, / &M&Z)�M'/ i�L I ..✓1► •- - • - Affix the "(Corporate Seal)" OR type /print "(Corporate Seal)" OWNER: BOARD OF COUNTY COMMISSION,ffjS OF COLLIER COUNTY, FLORIDA;:E)�- OFFfbI0 THE GOVERNING BOARD 01� THE COLLIER COUNTY WATER- SEWER DISTRICT By: Tom Henning, ChajX ar, , WS -CA -7 Bid No. 03 -3 529 - Vanderbilt Beach Road Reclaimed Water Main J BOARD OF COUNTY COMMISSION,ffjS OF COLLIER COUNTY, FLORIDA;:E)�- OFFfbI0 THE GOVERNING BOARD 01� THE COLLIER COUNTY WATER- SEWER DISTRICT By: Tom Henning, ChajX ar, , WS -CA -7 Bid No. 03 -3 529 - Vanderbilt Beach Road Reclaimed Water Main p. 10F FRONT PAGE Attached to and part of Bond No: 08726615 In Compliance with Florida Statute Chapter 255.05 (1) (a), Public Work. All other Bond Page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Contractor Name: SOUTHWEST UTILITY SYSTEMS, INC. 16341 OLD US 41 SOUTH FORT MYERS, FL 33912 Contractor Phone No. 239- 267 -0200 Surety Company. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Address: 3910 KESWICK ROAD BALTIMORE, MD 21211 847 - 605 -6000 Owner Name: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Owner Address: 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 Owner Phone No.: 239- 732 -2667 Obligee Name: N/A (If contracting entity is different from the owner, the contracting public entity) Obligee Address: -" Obligee Phone No.: Bond Amount. $845,415.00 Contract No. (if applicable) #03 -3529 Description of Work: VANDERBILT BEACH ROAD RECLAIMED WATER MAIN -- Project Location: Legal Description: V EXHIBIT A J` PUBLIC PAYMENT BOND F Vanderbilt Beach Road Reclaimed Water Main CONTRACT NO. 03 -3529 BOND No. — Q872b615 KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST UTILITY SYSTEMS, I NC . 1:6341 OLD US 41 SOUTH; FORT MYERS, FL 33912 as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, located at 3910 KESWICK ROAD BALTIMORE, MD 21211 (Business Address) are held and firmfy Lind to COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS as Obligee in the sum of "FIGHT HUNDRED __( 845,415.00 ) for the payment w rE�6f we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the S�K day of--y ao, aooy , 2p0t with Obligee for VANDERBILT BEACH ROAD RECLAIMED WATER MAIN in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is bond is void; otherwise it remains in full :force. Any changes i, � or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2)_ In no event the Surety be liable -in the aggregate to claimants for more than the penal sum of this Payment Id, regardless of the number -of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this �4tL day of 2D0$, the name of each party being affixed and these presents duly signed by its 7der -sign representative, pursuant to authority of its governing body. WS-CA-A-1 3i "'0• 03-3 529 - Vanderbift Beach Road Reclaimed Water Main [9 v F- r V Signed, sealed and delivered i n the presence of: PRINt�IPAL: 1OF SOUTHWEST UTILITY S TEMS, INC. By: 6ww�/= Witnesses as to P ,K/• rinci Name: ,�lC.WOM-h co"Ae: Its: _ ?e.d5fD1FA1T' STATE OF or ci ', COUNTY OF Le P, T h foregoing instrument was acknowledged before me this day of .. 4A CA 200Y, by Co as .�� 5, dpi t of she a- F ; _ corporation, on behalf of the corporation. H /s is personally knowrl� to me OR has produced as identification and did (did not) take an oath. My Commission Expires: I• T (AFFIX OFFICIAL SEAL) (Sig tore of otary) NAME: (Legibly P inted) Mory J Notary Public, State of)^ 10104 a M Expires May 00, 2007 Commission No. ATTEST: SURETY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Printed Name) 3910 KESWICK ROAD R A I T IMOR, M_ D 2 1 2 1 1 847 - En5-6nnn (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) •o WS-CA-A-2 —.id No. 03 529 — Vanderbilt Beach Road Reclaimed Water kfain W L4 ' vtqnesses 1 STATE OF FLOR I DA COUNTY OF ORANGE 1OF As Attorney in Faci (Attach Power of Attorney) FRANCIS T. O'REARDON RESIDENT FLORJDA AGENT (LICENSE 0196833) 839 N. MAGNOLIA AVENUE ORLANDO, FL 32803 (Business Address) FRANCIS T. O'REARDON (Printed Name) 800- 331 -3379 (Telephone Number) The foregoing instrument was acknowledged before me this 7TH day of JANUARY 20 4 by FRANCIS T. O'REARDON as ATTORNEY -IN -FA �` of F I DR I TY AND DEPOSIT COMPANY OF MARYLAND Surety, on behalf of Surety_ He/ is personalty known to me OR has produced PERSONALLY KNOWN as — identification and who did {did not) take an oath. My Commission Expires: (Signature of Notary) Pamela P. Smith * MYCOMMISSION# DD010949 • 0. EXPIRES July 21, 2005 'R�,�kT.•' 90NDED THOU TRQY FAIN INSURANCE, INC. (AFFIX OFFICIAL SEAL) Name: PAMELA P. SMITH (Legibly Printed) Notary Public, State of FLORIDA Commission Nv.: DDO1094 WS- CA -A -3 b,d No. 03 -3529 — Vanderbilt Beach Road Reciaimed Warer Main Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Francis T. O'REARDON, Todd L. JOHNSON and oseph D. JO�NSON, JR., all of Orlando, Florida, EACH its true and lawful agent and Attorney -in -Fact, to make, ex =ec eal and , for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and ut ion bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as d amply intents and purposes, as if they had been duly executed and acknowledged by the regularly elected rs of th any at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify a extract rth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, *js ° m f orce. IN WITNESS WHEREOF, the said Vi ident W4 *istant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FI AND1 SIT COMPANY OF MARYLAND, this 21 st day of February, A.D. 2001. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp 9f P psi` �O Y L. L. Goucher Assistant Secretary M. P. Hammond Vice President State of Maryland County of Baltimore ss: On this 21st day of February, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. NOTA POA -F 031 -4509 Carol J. Fader Notary Public My Commission Expires: August 1, 2004 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of Assistant Secretary EXHIBIT A 10F ` PUBLIC PERFORMANCE BOND Vanderbilt Beach Road Reclaimed Water Main BOND NO. 08726615 CONTRACT NO. 03 -3529 KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST UTILITY SYSTEMS, INC. ^ 1 6341 OLD US 41 SOUTH, FORT MYERS, FL 3391 2 as Principal, and F I DELI TY AND DEPOS I T COMPANY OF MARYLAND as Surety, located at 3910 KESWI CK ROAD BALTIMORE, MD 21211 (Business Address) are held and firmly Ibound Nto COLL I ER COUNTY BOARD OF COUNTY COMM I SSaSNCUigee in the sum of E I GHT HUNDRED FORTY F1 VE ` FHFQyEENDA 0 --- - - - -- ($ 845.415.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 2%),N_ day of 2004 with Obfigee for VANDERB I LT BEACH ROAD RECLAIMED WATER MAIN �! in accordance with drawings and specifications, which contract is incorporated by reference and made f a part hereof, and is referred to as the Contract. !� THE CONDITION OF THIS BOND is that if Principal: F1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains �! because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. WS- CA -A -1 a Bid No. 03 -3529 — Vaaderbilt Beach Road Reclaimed Water Main 1OF The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or .other work to be performed thereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications_ This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, _ shall not apply to this bond. in no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this ._ Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this Kth'day of _ J«. , 200 , the name of each party being affixed and these presents duly signed by its undersigned epresentave, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: �l5 frwt �.t r'C./ Witnesses as t S T ATE OF COUNTY OF PRINCIPAL: SOUTHWEST UTILITY SYSTEMS, INC. By: Name: Its: ,?.:SI1)exiTT _ The fore oing instrument was acknowledged before me this day of -r-! -- 200 , b y a , as t ale-44 r of / a r— ©r - ( dc, corporation, on behalf of the corporation. He /she -e sonally known me OR has produced —as identification and did ;dim not; take an oath. WS-CAA-2a Bid No. 03 -.'529 —Vanderbilt Beach Road Reclaimed Water Main 10- tvly Commission Expires: (Signat e of o ry) Name: (�- (Legibly rinted) "AFF[X OFFICIAL SEAL) Notary Public, State of Mary Jane Banal ea, - tinkm B-8-210104 a, ti Commission NO. Expires May 06, 2007 �. TEST: SURETY: i iess as to Surety I A FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Printed Name) 3910 KESWICK ROAD BALTIMORE, MD 21211 847 -6o5 -6000 (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) FRANCIS T. 0`REARDON RESIDENT FLORIDA AGENT (LICENSE 0196833) 839 N. MAGNOLIA AVENUE ORLANDO, FL 32803 (Business Address) FRANCIS T. 0`REARDON (Printed Name) — 800 -3? 1 -33]9 (Telephone Number) VrVS -CA A -3a 4 D3 -3 39 — Vanderbilt Beach Road RecLLned Watcr Main e Pill- STATE OF FLOR I DA —COUNTY OF ORANGE 1OF The foregoing instrument was acknowledged before me this 7TH _ day of JANUARY —20W:4 by FRANCIS T. O'REARDON .FIDEIITY AND DEPOSIT COMPANY OF MARYLAND as ATTORNEY -IN -FACT of personally known to me OR has roduced Surety, on behalf of Surety. He/&)e is -- dentification and who did (did not) take an oath_ PERSONALLY KNOWN as -MY Commission Expires: (Signature of Notary) NoA 5''• Pamela P. Smith Name: PAMELA P. SMITH MYCOMMISSION# DD010949 EXPIRES luIy 21, 2005 (Legibly Printed) BONDED THRU IRO +FAI.N INSURANCE, INC. FFIX OFFICIAL SEAL) Notary Public, State of FLORIDA Commission No.: DD010949 :a Vanderbilt Beach Road Reclaimed -, a*_er Nlai:, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in - pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Francis T. O'REARDON, Todd L. JOHNSON and oseph D. JOHNSON, JR., all of Orlando, Florida, EACH its true and lawful agent and Attorney -in -Fact, to make, ex eal and , for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and ecution bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as damply intents and purposes, as if they had been duly executed and acknowledged by the regularly elected rs of th� any at its office in Baltimore, Md., in their own proper persons. 5 The said Assistant Secretary does hereby certify e extract �rth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and 's ° in force. IN WITNESS WHEREOF, the said Vi ident am ' sistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FI AND 1 rSIT COMPANY OF MARYLAND, this 21 st day of February, A.D. 2001. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'ry oeros�� Y: L. L. Goucher Assistant Secretary M. P. Hammond Vice President State of Maryland County of Baltimore I ss: On this 21 st day of February, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the -- FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. q 1' � .' F, `9 �PF� POA -F 031 -4509 Carol J. Fader Notary Public My Commission Expires: August 1, 2004 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of (� �t. IZ,, ,`J Assistant Secretary in f— - , ACORD CERTIFICATE OF LIABILITY INSW SP DATE (MM/DDl' UT -13 1 07/22/003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stewart & Sons Insurance, Inc. P.O. Box 60029 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Ft. Myers FL 33906 -0029 Phone : 239- 936 -8844 INSURED INSURER A: Cincinnati Ins. Co. INSURER B: FOCI Southwest Utility Systems,Inc. & /Or Southwest Towers , Inc . 16341 Old US 41 South Fort Myers FL 33912 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/D DATE (MW LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F:;71 OCCUR CAPS475067 08/01/03 08/01/04 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any on. fire) $100000 MED EXP (Any one person) $ 5000 PERSONAL d ADV INJURY $1000000 GENERAL AGGREGATE $ None GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JERC LOC PRODUCTS - COMPIOPAGG $ 2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Hired Physical CALP5480100 08/01/03 08/01/04 COMBINED SINGLE LIMB (Ea aoad�) $ 500000 BODILY INJURY (Per Pe—) $ X X BODILY INJURY (Per acddent) $ X X PROPERTY DAMAGE (Per accident) $ Dama e- $60000. GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR F–] CLAIMSMADE DEDUCTIBLE RETENTION $ CCC4497470 08/01/03 08/01/04 EACH OCCURRENCE $ 10000000 AGGREGATE $ 10000000 $ $ $ B WORKERS COMPENSATION AND EMPLOYERS'UABIUTY 001WC03AO1228 01/01/03 01/01/04 X I TO LIMITS I I ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE -EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $ 500 , 000 A OTHER Leased /Rent Equip. CAP5475067 08/01/03 08/01/04 $1000.Ded $374,000. DESCRIPTION OF OPERATIONS !LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Underground Utilities Collier Board of Commissioners is listed as Additional Insured regarding the General Liability. UtK I It-IGA I t HULUtK Y I ADDITIONAL INSURED; INSURER LETTER: _ UANGtLLA I IVN COLLI -7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Commissioners 3301 East Tamiaml Trail IMPOSE NO OBLIGATION OR LIABILITY OF AN KIND UPON THE INSURER, ITS AGENTS OR Naples FL 34112 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE / Stewart & Sons Pns. Inc.! ` ACORD 25 -S (7197) © ACORD CORPORATION 1988 EXHIBIT B 10F INSURANCE REQUIREMENTS - (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within _ ten (10) calendar days after Notice of Award is received by Contractor /Consultant/Professional. _ (5) The Contractor and /or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. - (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor /Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverage required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized -- to purchase such coverage and charge the Contractor for such coverage purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the Owner to purchase -- such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Contract Documents. -- (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor /Consultant/ Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WS- CA -B -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main " f%F R --- WORKERS' COMPENSATION AND EMPLOYERS' LIABIJYU Required by this Agreement? (check one) X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in �- the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable x Not Applicable COMMERCIAL GENERAL LIABILITY -- Required by this Agreement? (check one) X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant -- Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property WS- CA -B -2 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 10F Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: (check one) General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, -- as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named- as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. �- (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. ❑ Applicable x Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. ❑ Applicable x Not Applicable -` WS- CA -13-3 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main PROPERTY INSURANCE - BUILDERS RISK 10F (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Exhibit C or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and — made payable to the Owner as fiduciary for the insured, as their interests may appear. WS- CA -B-4 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main AUTOMOBILE LIABILITY INSURANCE 1OF Required by this Agreement? (check one) X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor /Consultant/ Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Con sultant/Profess ion aI and, if so, such policy may be in addition to and in excess of Employers' Liability, Commercial General Liability and Automobile Liability and Professional Liability coverage required herein and shall include all coverage on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. WS- CA -B -5 — Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main EXHIBIT C RELEASE AND AFFIDAVIT FORM 1OF COUNTY OF COLLIER STATE OF FLORIDA Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and its subcontractors, material men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, Ex- Officio the Governing Board of the Collier County Water -Sewer District ( "Owner ") relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 , for the period from to (2) Contractor certifies for itself and its subcontractors, material men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. -- Witnesses Its: CONTRACTOR: Date: WS- CA -C -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main President [Corporate Seal] STATE OF (_ COUNTY OF i The foregoing instrument was acknowledged before me this day of 2003, by as of a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did _ not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Name: (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: WS- CA -C -2 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1OF EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date % Less Retainage % Total earned Less Retainage Less previous payment (s) LESS AMOUNT DUE FOR LIQUIDATED DAMAGES AMOUNT DUE THIS APPLICATION: Project Name) $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the - revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) _. (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) WS- CA -D -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main TO: EXHIBIT E 10F CHANGE ORDER FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No.: Change Order No.: Date: Change Order Description: Original agreement amount .................... ............................... $ Sum of previous change orders amount .............. ..............................$ This Change Order Amount ................................. ..............................$ Revised Agreement Amount ................................ ............................... $ Original contract time in calendar days ................... ............................... Adjusted number of calendar days due to previous change orders ......... This change order adjusted time is ........................... ............................... Revised Contract Time in calendar days .................. ............................... Original Notice to Proceed date ............................... ............................... _. Completion date based on original contract time ......................... Revised completion date ............................... ............................... -- Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final ~- settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: PUED Project Manager Recommended by: Date: Design Professional WS- CA -E -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 1 O '' This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 WS- CA -F -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main Bid No.: _ Contractor: EXHIBIT G 10 FINAL PAYMENT CHECKLIST Project No.: Date: 2003 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: YES NO Calendar Days. Calendar Days. -� 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified project is in operating phase. 12. Other: If any of the above are not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) WS- CA -G -1 Bid No. 03- 3529 — Vanderbilt Beach Road Reclaimed Water Main EXHIBIT H � � F GENERAL TERMS AND CONDITIONS -1 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, _- screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a'complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the WS- CA -H -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main iQ 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager a complete list of all its proposed subcontractors and material men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The -- first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within ten (10) calendar days after receipt of each Application for Payment, the Project Manager shall either: 4.4.1 indicate his approval of the requested payment; _ 4.4.2 indicate his approval of only a portion of the requested payment, stating in writing his reasons therefore; or 4.4.3 return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, Florida Statutes and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and resubmit the Application for Payment. The Owner shall, within thirty (30) calendar days after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5. Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due, unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. 4.6. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. WS- CA -H -3 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 5.1.7 any other material breach of the Contract Documents. 0 F 5.2. If any conditions described in Subsection 5.1 are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. * that reveal non - compliance with the Contract Documents "- 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by the Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor thereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words -- indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. WS- CA -H -5 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 31.1. Weather conditions showing the high and low temperatures durin Burs the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the VVork; 3.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and subcontractors' personnel; 8.1.4. The number of Contractor's and subcontractors' personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project site; and 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All -- buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. UT� Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main OF -- 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change orders shall be included in the overhead and profit expenses and shall not be paid as a separate line item. _._ 10.5. Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6. The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. — 11.1. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the party making the Claim. WS- CA -H -9 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main Y.� k 13. INDEMNIFICATION AND INSURANCE. 13.1 IDEMNIFICATION. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contra ctorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.2. The Contractor's obligation to indemnify and defend the owner shall not be limited in any way by the agreed upon contract price as shown in this contract or the Contractor's limit of, or lack of, sufficient insurance protection. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. WS- CA -H -11 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 10 F '401114 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorney's fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. M 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. WS- CA -H -13 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main n — (3) If required by Owner, other data establishing payment or satisf idrf fall obligations, Y g ns, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued his recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. - 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. _ 21.2. No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 22. TESTS AND INSPECTIONS. 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. WS- CA -H -15 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 23.3. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers with suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner, Project Manager to exercise this right for the benefit of Contractor or any other party. 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall WS- CA -H -17 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main the Contract Documents have been caused ed� thereby. If the Pro' n�a er determines that Y J 9 a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and /or organizations who may -- be affected thereby; 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on -- or off the Project site; and 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, - roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety -` and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. WS- CA -H -19 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 0 F Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Contractor: - A. Required quantities of material. B. Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable -- C. Pricing and availability of goods and /or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions A. Contractor shall be required to maintain records of all County- furnished materials that it incorporates into the project from the stock of County - furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and /or 2. been incorporated into the project. B. Notwithstanding the transfer of County- furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all _., County- furnished materials. C. The transfer of possession of County - furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County - furnished materials. County- furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. D. The County shall purchase and maintain insurance sufficient to protect against any loss or -- damage to County- furnished materials. Such insurance shall cover the replacement cost of any County- furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. WS- CA -H -21 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main _ EXHIBIT H1 � � � " COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre -suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program "], to facilitate these procedures. 2. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. 3. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one - person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non - monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. WS -CA -H 1 -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main OF ' J e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. 5.2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7- calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48 -hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 — hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. WS -CA -H 1 -3 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 8. ADMINISTRATION OF MEDIATION: 1OF 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within twenty -one (21) calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in seven (7) calendar day increments. A request for a continuance must be submitted to the mediator no later than forty -eight (48) hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in twenty -four (24) hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, Chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8.8 A party is deemed to appear if the parry or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. WS-CA-111-5 Bid No. 03 -3529 —Vanderbilt Beach Road Reclaimed Water Main 1 n A c. No arbitrator or mediator will be employed b the Coni�c�F Earded'project, y N o� ct, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator, d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the Countyfor purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. WS-CA-1-11-7 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 1OF '"I Claimant Claim No. Vs. Respondent NOTICE OF CLAIM Claimant, hereby notifies Respondent of its Claim and requests the institution of the Collier County Alternative Dispute Resolution Procedure. Name of Project: __. Date of Contract: Date Claim: Summary of the Claim: Estimated Amount of Claim: Date: Claim Filed by: WS -CA -H 1 -9 Bid No. 03 -3 529 — Vanderbilt Beach Road Reclaimed Water Main COLLIER COUNTY ALTERNATIVE DISPUTE O RESOLUTION CLAIM FORM Claimant Claim No. Vs. REQUEST FOR PRE -SUIT MEDIATION Claimant, above - referenced Claim. Name of Project: Date of Contract: Party Requesting Arbitration: Date: Received by: Date Reguest Received: -- Comments: hereby requests PRE -SUIT MEDIATION of the WS-CA-1-11-11 - Bid No. 03 -3529 - Vanderbilt Beach Road Reclaimed Water Main EXHIBIT H2 MAINTENANCE OF TRAFFIC (MOT) POLICY 1OF OFFICE OF THE COUNTY ADMINISTRATOR ADMINISTRATIVE PROCEDURE CAA Instruction: 5807 Effective Date: March 13, 2000 (Revised: July 24`h, 2001;October 1, 200 1) Subject: Maintenance of Traffic (MOT) Policy PURPOSE: The purpose of this Instruction is to assure that all work being performed in county rights -of -way is performed following both The Manual On Uniform Traffic Control Devices (MUTCD) Standards (Current Edition) and Florida Department of Transportation (FDOT) standards (Current Edition), thus assuring a safe environment for workers, vehicular traffic and pedestrians on all county roadways, streets, bike paths and sidewalks. Short-term projects lasting I hour or less, shall not be held to the same planning and procedural requirements outlined in this policy, however, they shall still be subject to all MUTCD and FDOT standards. CONCEPT: This policy shall apply to all work performed in Collier County rights -of -way, including that performed by contractors working for the county, contractors working for developers, utility companies (including work performed by their personnel or sub - contractors) and all county work forces within each department of each division. Both departmental requirements (internal) as well as contractor (external) requirements are outlined in this policy. A copy of this policy shall be attached to all Right -of -Way Permits issued by Collier County's Planning Services Department or Collier County's Transportation Department and maintained with such permits, by the - contractor for compliance documentation. This instruction references MUTCD Section VI and the 600 Series of the Florida Department of Transportation Roadway & Traffic Design Standards. It shall be the sole responsibility of each contractor or department to be familiar and understand the MUTCD and FDOT Standards, including any and all changes, updates or revisions made to these instructions. GENERAL DEFINITIONS: Certified Work Zone Employee — Means any employee, who by acceptable certification, has obtained the knowledge, competency, has the experience and holds responsibility for developing and/or ensuring the proper setup of the Maintenance of Traffic Plan or Joint Maintenance of Traffic Plan. Collier County Work Zone Safety Inspector - Shall mean any Collier County employee, who by way of training certification and knowledge of traffic safety, has been designated by Collier County's Risk Management department as a "Work Zone Safety Inspector." Collier County Work Zone Violation Notice — Means the Collier County form that is used to notify a contractor of violations present in a particular work zone. This form is also used for documentation purposes should it be necessary to take /defend legal action suits (See attachment # 2). WS- CA -H2 -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1 "uF j Stop Work — Imminent Danger — The existence of any condition or practice which would reasonably be expected to cause death or serious physical harm before such condition or practice can be corrected. Work shall be completely stopped until all corrective measures have been applied. Stop Work — Noncompliance — A violation described in a notice has not been totally corrected within the w noted abatement time, and the abatement time should not be extended. Work shall be completely stopped until all necessary corrections have been made. All other related definitions may be found in Part VI of the MUTCD A. General Safety Requirements (Internal and External): _ 1. In addition to the safety requirements provided within this policy, each contractor /department shall have sole responsibility to follow all OSHA construction regulations. These regulations can be found in OSHA 29 CFR 1926. These regulations shall not be provided by Collier County and knowledge and understanding of these regulations are the responsibility of the contractor /department. EX. OSHA 29 CFR 1926.651, Subpart "P" Specific Excavation Requirements — outlines the minimum procedures required for performing trenching and excavation work in a safe manner. 2. Violations of OSHA regulations shall be documented and enforced in the same manner as violations of this policy. Failure to comply with any OSHA requirement may result in the same disciplinary action taken for a violation of this policy. B. Contractor Requirements (External): 1. Each contractor shall maintain at least one employee on -staff that has obtained a Work Zone Traffic Control Safety Certification from the International Municipal Signal Association (IMSA) or an approved, equivalent certification from the American Traffic Safety Services Association (ATSSA), the Florida Department of Transportation (FDOT) or any other agency, group or consulting firm that provides acceptable certifications in this area. Approval shall be obtained through Collier County's Risk Management Department. 2. Effective November 6, 2001 each contractor shall obtain one of the above mentioned certificates within sixty (60) days upon submission of a bid or prior to the start of any work activity and /or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown, loss of — contract or failure to bid any additional Collier County Projects until certification is obtained. 3. Each Contractor shall provide copies of certifications to Collier County's Risk management Department for documentation purposes. This file shall be evaluated for adequate certifications prior to any contract being awarded. A complete copy of the Collier County revised MOT Policy is available from Risk management at (239) 774 -8461. Risk Management Fax #: 239 - 774 -8048 Att: Safety Engineer WS- CA -H2 -3 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main lUh a. The contractor shall notify Collier County Risk Management and the Transportation Division's — Community Liaison. Collier County will assist in the public notification of said lane closures, however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. No lane closures will be permitted between the hours of 7:00 — 9:00 A.M. and between 3:30 P.M. and 6:30 P.M. Emergency closures do not fall under these requirements. If a closure is absolutely necessary during the times listed above, written permission must be obtained through Collier County's Risk Management Department and /or the - Transportation Operations Director prior to closing any lane. b. The contractor must also notify Collier County's Emergency Services Division or any of the — below listed agencies, when, the road closure may cut off a standard route used by Fire, EMS, Police or other emergency agencies. The contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. - C. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible in the event of an emergency. Notification of project termination shall also be made to above - mentioned parties as soon as the project is completed. d. Road closures must be limited, if possible, to single lane closures with traffic controlled by flaggers, temporary traffic lighting or other approved means of traffic control. e. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five - minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. £ If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minute durations, provisions must be made to maintain access to all developed properties, businesses, etc. Access may be granted by properly signed and/or marked detours or other approved methods. — g. The contractor shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signage and markings that will be used, and any other information deemed necessary by Collier County Risk Management, the Transportation Operations Director'or an appointed designee. The MOT Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures, other than for an emergency, are authorized without the prior approval of Collier County Risk Management, the Transportation Operations Director or an appointed designee. h. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County Risk Management, the Transportation Operations Director or an appointed designee shall be made as soon as practicable (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and /or property. WS- CA -H2 -5 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main OF 3. Should a contractor in the "upstream" (leading) section of the MCWZ complete their scope of work and desire to withdraw from the MCWZ, said contractor shall notify all other contractors in the MCWZ and provide adequate time for the NEW "Upstream" contractor to set up. The original "Upstream" contractor shall not withdraw from the project until all necessary safeguards are in place - to warrant such a withdrawal. 4. Once a contractor has withdrawn from the MCWZ and has done so in accordance with the requirements set forth above, said contractor no longer has any responsibility for maintaining any portion of the MCWZ. D. Collier County Departmental Requirements (Internal): 1. Each department must develop an MOT Plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path, or sidewalk, and obtain approval prior to the start of the project from their department's Work Zone Certified Employee. Risk management shall also be notified of the lane closure. 2. Should any changes to the MOT occur during any phase of the project, a revised MOT plan shall be immediately developed and initialed by the department's Certified Work Zone Employee. 3. All signs shown on the MOT plan must comply with the current MUTCD -- Part VI or the 600 series of the Florida Department of Transportation Design Standards. 4. All aspects of the MUTCD - Part VI shall be strictly followed and enforced at all times. All signs and barricades requiring lights shall have them attached and in good working order. Every attempt must be made to avoid road closures: Where it is not possible to completely avoid complete road closures, the following procedures shall be followed: a. If the Transportation Operations Director, or an authorized designee authorizes the road closure, the department involved shall notify the Sheriff's Dispatch by calling 793 -9300. Dispatch will notify all necessary organizations. b. Road closures shall be limited, if possible, to single lane closures with traffic controlled by flaggers. C. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five - minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGING METHODS. d. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minutes at a time, provisions must be made to maintain access to all developed properties. - Access may be by properly signed and /or marked detours or other approved methods. WS- CA -H2 -7 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1OF 'tl C. Inspectors may request that additional traffic control devices be added to the work zone based on the existing and /or potential hazards. Additional requests for traffic control shall only be made where situations exist that may be deemed too hazardous to be controlled using the minimum requirements as stated in the current edition of the MUTCD and /or 600 series of the FDOT indexes. d. The inspector shall remain on location until deficiencies are corrected or until the inspector feels that the work zone is safe. Upon complete correction of the existing and /or potential hazards, a copy of the inspection form must be given to the contractor for their files. 3. Should a contractor /department feel the inspector has made requests that are not warranted 'and /or if it is felt that the proposed existing and /or potential hazards do not exist; the following requirements shall be met: a. The inspector shall immediately contact Collier County's Risk Management Department and request a site visit. Should a member of Risk Management not be available, the contractor must make the minimum necessary corrections, as requested. b. The objections, described in detail, will be noted on the inspection form and shall be submitted to Risk Management for review. However, if the objection to the inspector's request are an obvious attempt to stall the corrective process anc'or hazards are blatantly obvious to the inspector, the contractor must make all requested corrections and any objections noted on the inspection form. C. Should such objections occur, the contractor /department may request a formal meeting with Collier County's Risk Management Department to discuss and address any concerns. This meeting shall not allow exemption to the contractor /department from any additional work zone safety issues that may have arisen during or after the objections in question. d. Objections to additional work zone safety issues that presented themselves at other locations and /or times, shall be handled on an individual basis unless it is deemed necessary to handle all — of the issues at the present time. e. Risk Management's decision for corrective action, based on the existing and /or potential work -° zone hazards, shall be final. 4. Contractor /department work zone files will be maintained in Collier County's Risk Management -' office. These files shall be inspected monthly for compliance. Contractors /departments with multiple "negative" inspection reports shall be contacted by Risk Management and a mandatory review meeting will be scheduled. Failure to attend this meeting may result in loss of additional contracts and/or notification to directors and administrators of existing problems. Review meetings will be conducted as follows: a. Review meetings will address the number of negative inspections, existing and /or potential hazards that existed during each inspection, if corrective actions were made in a timely manner, reasons for the continued lack of compliance and potential disciplinary action to be taken by Risk Management and /or Collier County. WS- CA -H2 -9 Bid No. 03 -329 — Vanderbilt Beach Road Reclaimed Water Main ATTACHMENT # 1 CONTACT/EMERGENCY PHONE NUMBERS WS- CA -H2 -11 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main "F lu ATTACHMENT # 2 VIOLATION NOTICE WS- CA -H2 -13 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main .4 ATTACHMENT # 3 JOINT MAINTENANCE OF TRAFFIC PLAN (JMOT) WS- CA -H2 -15 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main lOF I -k ATTACHMENT # 4 MAINTENENANCE OF TRAFFIC PLAN (MOT) WS-CA-H2-17 Bid No. 03-3529 — Vanderbilt Beach Road Reclaimed Water Main 10F ATTACHEMENT # 5 RIGHT -OF -WAY, JMOT & MOT SUBMITTAL PROCESS CHECKLIST WS- CA -H2 -19 ~ Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1OF ATTACHEMENT # 6 PLANNING SERVICES SUBMITTAL PROCESS CHECKLIST WS- CA -H2 -21 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main _ 1OF EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling; c. Submittal schedule; `- d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program /Risk Management Program; f. Quality Assurance /Quality Control Program; and g. Security Plan - 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. I S Vv` lo Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main 1 O r EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling; C. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program /Risk Management Program; f. Quality Assurance /Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. 3. CHANGE ORDERS Notwithstanding anything in the Contract Documents to the contrary, Change Orders may be approved by the County Manager or his designee as provided for in the County's purchasing policy effective at the time that the change order is processed. 4. LAYOUT OF WORK Adequate vertical and horizontal control shall be provided by the Project Manager to facilitate the proper layout of the work. The Contractor shall preserve all reference points and benchmarks furnished. In the event control points are disturbed, either willfully or through carelessness, the Contractor shall cause the control points to be replaced at no cost to the Owner. The Contractor shall carefully compare all lines and levels given on the plans with existing lines and levels and shall call any discrepancy to the attention of the Project Manager, in writing, for a proper determination before proceeding with the work. The WS-CA-1-1 06/24/03 10. HYDRANTS Existing fire hydrants adjacent to the project shall be kept accessible for fire apparatus at - all times and no material or equipment shall be placed within 25 feet of any hydrant. 11. TRAFFIC MAINTENANCE The Contractor shall protect his work throughout its length by the erection of suitable barricades where required. He shall further protect the work by installing and maintaining flashing lights or flares along or across through- fares. Whenever public walkways are temporarily disturbed, the Contractor shall provide a suitable bypass walkway. The Contractor shall comply with all applicable laws and ordinances relating to the driving or walking public. Prior to start of construction, the Contractor shall submit five (5) copies of a Traffic Maintenance Plan for approval including but not limited to: Placement of signs Timing of phases Transitions lengths Hours of traffic interferences Contact person (24 -hour availability) The Contractor shall supply all traffic control devices and shall conduct his work, operate his equipment and place his material in such a manner as to ensure the least amount of traffic interference or obstruction as possible. The Contractor may be allowed to restrict traffic for short periods of time provided that he first contacts the Collier County Transportation Department and Florida Department of Transportation for their restrictions and also provided that adequate traffic control devices are placed in accordance with applicable County and State Laws and Ordinances. After approval from the Collier County Transportation Department and Florida Department of Transportation, and prior to any proposed closing, the Contractor shall notify Police, Fire, EMS and applicable utility companies at least 48 hours prior to the -- actual road closing. The Contractor shall schedule his operation such that all streets, roadways and/or - driveways are usable and open to traffic at the end of each day and all open cuts through paved areas shall be repaved (at least with cold patch) within 48 hours. It shall be the Contractor's responsibility to notify property owners adjacent to the work in a timely and - reasonable manner when traffic on their driveway will be restricted. The cost of all traffic maintenance shall be included with the various contract items for pipelines, and no additional payment will be made therefore. WS- CA -I -3 06/24/03 OF •l The preconstruction record tape shall be taken by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio -video tape documentation. -° Audio -video tapes shall be new unused tapes as manufactured by Maxell or equal. The tapes shall be high grade, one half inch, high energy , extended still frame tapes capable of being played on a standard VHS, color video cassette recorder. The finished tape shall show bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or other forms or imperfection. The audio portion shall reproduce the commentary with proper volume and shall be clear and free from distortion and interruptions. The audio portion of the tape shall begin with a complete description of the beginning point of the construction scene; i.e., job name, street, direction of travel, direction of view. The video portion shall continuously show the time (hour, minute and second) and date. All taping shall be done during daylight hours with sufficient sunlight to properly illuminate the surrounding area. Taping shall not be done during inclement weather conditions. Taping on heavily traveled streets or roads may require the use of police escort at the option of the Project Manager. If police escort is required, all costs shall be borne by the Contractor. The cost of the color audio- visual preconstruction record shall be included in the appropriate contract items, and no separate payment will be made therefore. 16. WORK IN COUNTY STREETS AND HIGHWAYS All work within the Collier County Rights -of -way outside the FDOT right -of -way shall be in accordance with Ordinance #93 -64 and with the County Right -of -way Permit, and shall be subject to the requirements of the Collier County Development Services Division. Methods and materials of construction use in restoration within such streets and highways, including pavement, sidewalk, curb, curb and gutter removal and replacement, replacement of storm sewerage facilities, excavation and backfilling, and the storage of pipe, materials and equipment shall conform to the requirements of the Collier County Development Services Division and will be subject to the inspection and approval of the duly authorized representatives of the County. Ground surfaces shall be restored by sodding immediately adjacent to existing pavement areas, around drainage structures and on ditch slopes. In other areas, restoration shall be by seeding and mulching. The cost of surface restoration shall be included in the various WS-CA-1-5 06/24/03 10F "* 18. WORKING CONDITIONS The Contractor shall be responsible, in all respects, to conduct his operations in compliance with the U.S. Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Health and Safety Act of 1970 (PL 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91 54). 19. CONSTRUCTION OPERATIONS AND EQUIPMENT In general, the pipeline shall be laid in open cut, except when another method, such as Jacking, boring or tunneling is shown on the plans, specified or directed by the Project Manager. The work shall be kept in a neat, graded condition to provide positive surface drainage and prevent ponding of water. When the work is halted by rain, the Contractor shall clean up and grade the work site prior to daily shutdown. Excavations shall not be left open over a weekend. Excavations shall not be left open overnight unless properly barricaded. The Contractor shall, at all times and in all respects, employ equipment adequate for all site conditions to properly perform the work as shown on the plans, specified or directed by the Project Manager. The cost of any special equipment, labor or material required to complete the work in the locations shown on the plans or specified shall be included in the unit prices in the Proposal, and no separate payment will be made therefore. END OF SECTION WS-CA-1-7 06/24/03 lOF EXHIBIT J PART (1) - TECHNICAL SPECIFICATIONS - EXCAVATION AND PIPE LAYING 1. Terminology Figure 1 shows a trench cross - section which identifies the meaning and limits of terminology used in this specification for the terms foundation, bedding, haunching, initial backfill, pipe embedment and pipe zone and is not intended to specify the shape of the trench. Figure F -1 2. Responsibility for Materials 2.1 Pipe Storage and Handling 2.1.1 The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. Satisfactory protection from damage shall be provided. 2.1.2 All pipe, fittings and accessories shall be loaded and unloaded in such manner as to avoid shock or damage. Under no circumstances shall such material be dropped. Pipe shall not be skidded or rolled against pipe already on the ground. 3. Clearing and Grubbing 3.1 Clearing and Disposition of Materials 3.1.1 Where clearing and grubbing are necessary, the Contractor shall clear and grub the entire width of the right -of -way or easement except as may be noted in the Contract Documents or designated by the County. W S -C A41 -1 06/24/03 _ rlNk - I r � :EVER NIT L WA rILL of PIPr 'VTN•CLI�C - ZaE _ _ PIPE --_ �� wNENINC aj (•(, •f ' Figure F -1 2. Responsibility for Materials 2.1 Pipe Storage and Handling 2.1.1 The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. Satisfactory protection from damage shall be provided. 2.1.2 All pipe, fittings and accessories shall be loaded and unloaded in such manner as to avoid shock or damage. Under no circumstances shall such material be dropped. Pipe shall not be skidded or rolled against pipe already on the ground. 3. Clearing and Grubbing 3.1 Clearing and Disposition of Materials 3.1.1 Where clearing and grubbing are necessary, the Contractor shall clear and grub the entire width of the right -of -way or easement except as may be noted in the Contract Documents or designated by the County. W S -C A41 -1 06/24/03 0. F r 4.3.2 The trench width shall be ample to permit the pipe to be laid and jointed properly. The minimum width of the trench shall be at least three feet, six inches (3' -6 ") or eight inches (8 ") greater than the largest outside diameter of the pipe or bell, whichever is greater. 4.4 Trench Bottom - 4.4.1 The soil surface at the trench bottom shall be free of any protrusions which may cause point loading on any portion of the pipe or bell, and shall provide a firm, stable and uniform support for the pipe. 4.4.2 Over Excavation: During the course of construction, should the Contractor over excavate the trench more than six inches (6 ") (150 mm) below the bottom of the pipe, but less than twelve inches (12 ") (300 mm) below the bottom of the pipe, the Contractor shall fill that area of over excavation with acceptable USCS Class I, II or III (see Exhibit J, Part (4) Section 3 for definitions) embedment materi al and compact to a density approximately equal to the native soil. The Contractor shall fill any area of over excavation more than twelve inches (12 ") (300 mm) below the bottom of the pipe with USCS Class I material in the same manner as required for foundation bedding. 4.4.3 Ledge rock, hard pan, cobbles, boulders or stones larger than one and one half inches (1' /z ") (40 mm) shall be removed from the trench bottom to permit a minimum bedding thickness of six inches (6 ") (150 mm) under pipe. 4.4.4 Foundation Bedding: Class I bedding, to a depth specified by the Project Manager, shall be required as a foundation in wet, yielding or mucky locations. Foundation bedding shall be constructed by removal of the wet, yielding or mucky material and replaced with sufficient Class I material to correct the instability. Foundation bedding, if necessary, will be paid for per ton of material used except cases where the instability is caused by negligence of the Contractor. 4.4.5 In stable trenches, trench bottom may be either native undisturbed soils of USCS Class II, III, or IV, or thoroughly compacted USCS Class I, II, or III material from three inches (3") to six inches (6 ") depth to provide a stable, continuous support for the pipe system. In USCS Class V soil areas, foundation bedding is required. All foundation bedding shall be USCS Class I material. In no case shall pipe be bedded on solid rock. WS-CA-R-3 1 -3 06/24/03 1OF 6.2.2 Curved Alignment: In special cases where curved alignment is required on _ pressure lines, the deflection of alignment at a joint shall not exceed the appropriate permissible deflection as specified in the following table. These values indicate the maximum permissible deflection for eighteen -foot (18') lengths as noted. Gravity systems shall contain no deflections. Any deflection greater than the allowable deflection shall be made with appropriate fittings. TABLE FA Pipe Deflection Allowances - Polyvinyl Chloride (PVC) Pipe Maximum Permissible Deflection, Inches -- Size of Pipe, Inches Push -On- Joints, Inches 4 23 6 16 8 12 10 9 12 8 WS- CA41 -5 06/24/03 lOF 6.4 The Backhoe Method of Assembly 6.4.1 A backhoe may be used to assemble pipe of intermediate and larger sizes. The plain end of the pipe should be carefully guided by hand into the bell of the previously assembled pipe. The bucket of the backhoe may then be used to push the pipe until fully seated via a pipe sling only! Direct contact between the backhoe bucket and pipe shall not be permitted. 6.5 Field Cut Pipe Figure F -2 , 6.5.1 For shorter than standard pipe lengths, field cuts may be made with either hand or mechanical saws or plastic pipe cutters. Ends shall be saw cut square and perpendicular to the pipe axis, not burned. When pipe is cut in the field, the cut end shall be conditioned so that it can be used to make up the next joint as shown in Figure F -2. The outside of the cut end should be beveled about one quarter inch (1/4 ") at an angle of about thirty degrees (30 °). This shall be quite easily done with a coarse file .or a portable grinder. The contractor shall remove any sharp, rough edges which otherwise might injure the gasket. 6.6 Voids Beneath Bell for Elastomeric Seal Joints 6.6.1 The void beneath the bell on push joint pipe, to allow for connection to succeeding pipe, shall be no larger than necessary to accomplish proper joint assembly. When the joint has been made, the void under the bell and pipe shall be filled with proper bedding or haunching material and compacted to provide adequate support to the pipe throughout its entire length. W S -CA -J 1 -7 06/24/03 8. Initial Backfill 8.1 Initial Backfill shall extend from the springline to a minimum of one foot (1') above the top of the pipe. Placement of initial Backfill may be either by hand or -- mechanical means. Material for initial backfill may be USCS Class I, II, or III only. 8. l.1 Contractor shall keep the initial backfill free from rocks and clods, which could damage the pipe while the filling operation is being undertaken. The purpose of extending the initial backfill to levels over the top of the pipe shall be to protect the pipe from impact damage resulting from any deleterious objects in the final backfill. Machine compaction of initial backfill directly over the pipe is not desirable unless adequate cover has been provided to protect the pipe. Adequate cover will depend on the type of compaction equipment and shall be as specified by the Project Manager. In no case shall it be less than one foot (1'). 9. Final Backfill 9.1 Backfill Material 9.1.1 All backfill material shall be USCS Class I, II, III or acceptable dry, native Class IV materials, and shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks, or stones, or other deleterious material which in the opinion of the Project Manager is unsuitable. 9.1.2 Use of Excavated Material as Backfill: Excavated material may be used provided it conforms to USCS Class I, II, or III specifications except that it may include rocks up to four inches (4 ") in diameter. 9.2 Backfill Placement 9.2.1 Backfilling from the embedment zone to surface grade may be by hand or mechanical placement. In areas subject to traffic, backfill shall be compacted in maximum eight inch (8 ") lifts until ninety eight percent (98 %) of Modified proctor density is achieved in each lift. Whenever trenches are in or across driveways, paved areas, or streets, the Contractor shall be responsible for _ repairing any settlement or other damage which occurs as a result of his work within one (1) year of preliminary acceptance. In areas of open terrain, backfill shall be placed in maximum twelve -inch (12 ") lifts and compacted to achieve a - density equal to or greater than the surrounding undisturbed soil. Backfill in lifts of greater thickness may be permitted by the Project Manager if the Contractor can demonstrate by actual test results that the required densities can be and are - being achieved. W S- CA41 -9 06/24/03 11. Dewatering 1OF 11.1 All piping shall be laid in a dry trench excavation, unless otherwise approved by the Project Manager. Dewatering system shall be utilized in accordance with good standard practice and must be efficient enough to lower the ground water level in advance of the excavation and maintain it continuously to keep the trench bottom and sides firm and dry. If a sewer system is under construction, it shall not be used as a conduit to remove ground water from the pipe trench. The Contractor shall have on the job, or available for immediate use at all times, dewatering equipment adequate to handle the job for which it is intended. If well points are used sufficient header pipe and well points shall be provided to maintain a dry and workable trench, in advance of any pipe laying. 11.2 Water pumped or drained from the work shall be handled in accordance with current South Florida Water Management District and Collier County Department of Water Management rules, regulations, and procedures, and at a minimum in a suitable manner without damage to adjacent property, to work under construction or to street pavement, parks or private property. Water shall not be discharged onto streets without adequate protection of the surface at the point of discharge. No water shall be discharged into a wastewater system. No water containing settleable solids shall be discharged into storm sewers. _ 11.3 Any and all damage caused by dewatering shall be promptly repaired by the Contractor at his expense. All permits required for dewatering operations shall be obtained by the Contractor and a copy filed with the Project Manager. 12. Jack and Bore 12.1 Location 12.1.1 All jack and bores shall be as shown on the drawings, at the depth shown on the drawings, with the appropriate, required casing pipe. All piping through casings shall be restrained. 12.2 Installation 12.2.1 The spiral welded or smooth wall steel pipe encasement shall be a thickness of 0.25 inches minimum, except as noted. This pipe shall be installed by dry boring and jacking. As the dry boring operation progresses, each new section shall be jacked into place. The boring auger shall not be of a greater diameter than the outside diameter of encasement. All voids are to be filled with 1:3 Portland Cement Grout at sufficient pressure to insure that there will be no settlement of the roadway. 12.2.2 If mechanical boring is utilized to place the pipe, the tip of the drill head shall not precede the end of the pipe by more than two inches (2 "). W S -CA -J 1 -11 06/24/03 1OF Y �; TABLE F.5 CASCADE STAINLESS STEEL CASING SPACERS MINIMUM CASING PIPE INSIDE DIAMETER NEEDED FOR RESTRAINED CARRIER PIPE DUCTILE IRON MECHANICAL JOINT WITH MEGALUG RESTRAINT EBAA PRODUCT SIZE DIAMETER MINIMUM CASING I.D. 1104 4" 9.90" 13" 1106 6" 12.00" 15" 1108 8" 14.15" 17" 1110 10" 16.20" 19" 1112 12" 18.30" 21.5" 1114 14" 20.94" 23.5" 1116 16" 22.90" 25.5" 1118 18" 25.00" 28" 1120 20" 27.10" 30" 1124 24" 32.64" 35" 1130 30" 38.87" 41" 1136 36" 45.17" 48" 1142 42" 55.57" 58" 1148 48" 61.87" 64" W S -C A -J 1 -13 06/24/03 EXHIBIT J PART (2) - TECHNICAL SPECIFICATIONS - WATER MATERIALS PIPE MATERIALS 1.1 Ductile Iron Pipe (all sizes) l.l.I Ductile iron pipe shall be the class and size called for on the drawings. In the absence of a specified class on the drawings, Ductile iron pipe shall be a minimum of Pressure Class 150, as specified by AWWA Standards C150 and C 151, latest revisions. 1. 1.2 All Ductile iron pipe shall be lined with double thickness cement mortar lining and asphaltic seal coat in accordance with AWWA Standard C104, latest revision. Pipe and fittings shall have outside asphaltic coating as specified in AWWA Standard C151. Each piece of pipe shall bear a marking denoting the class to which it belongs. 1.1.3 Joints for Ductile iron pipe shall be mechanical or push on type designed in accordance with AWWA C111. Gasket lubricant for push -on joints shall be as specified by the pipe manufacturer and labeled with the trade name and the pipe manufacturer's name. Other types of lubricant (vegetable fat, oil etc.) are prohibited from use. 1.1.4 Restrained joints, where shown on the plans, shall be as specified in paragraph 3.2.2. A working pressure of 350 psi for sizes six inches (6 ") through twenty four inches (24 ") and 250 psi for pipe sized larger than 24" shall be required, and shall conform to AWWA C 110 or C 153. Unless otherwise noted, the pipe, joints, gaskets, and accessories shall be in accordance with standards as previously specified for Ductile iron pipe in this section. All fittings shall be lined with double thickness cement mortar lining and asphaltic seal coat in accordance with AWWA Standard C104, latest revision. 1.1.5 The distances shown in Table G.1 shall apply to minimum lengths (in feet) of pipe required to be restrained on each side of the fittings. Tees, crosses, and dead ends shall be considered equivalent to ninety degree (90 °) bends. Tees shall be installed with a thrust block poured opposite of the branch line in addition to restrained joints in the direction of the branch line. Restraining is not required in the direction of the main longitudinal direction for tees and valves where there is no change in direction. Dead ends shall be installed with a terminus thrust block as shown in the standard details. W S- CA42 -1 06/24/03 1 OF 2. VALVES 2.1 Gate Valves - 4" through 24" 2.1.1 Valves shall conform to the latest revision of AWWA Standard C509 or C515 for resilient seated gate valves. 2.1.2 The valves shall be cast iron or ductile iron body with non -rising stem (NRS) opening by turning stem counter clockwise and provided with two inch (2 ") square operating nut with the word "Open" and an "Arrow" cast in the metal to indicate direction to open. 2.1.3 The wedge shall be of cast iron completely encapsulated with urethane rubber. The urethane sealing rubber shall be permanently bonded to the cast iron wedge to meet ASTM tests for rubber metal bond ASTM D429. 2.1.4 Stems for NRS assemblies shall be cast bronze with integral collars in full compliance with AWWA. OS &Y stems shall be on bronze bar stock. The NRS stem stuffing box shall be the O -ring seal type with two (2) rings located above `- thrust collar; the two (2) rings shall be replaceable with valve fully open and subjected to full rated working pressure. The design of valves shall be such as to permit the replacement of O- ring(s) without undue leakage while the valves are wide open and in service. All valves of the same size and type shall be by the same manufacturer and shall be American made, cast and assembled. 2.1.5 All valves shall have a minimum safe working pressure of two hundred (200) psi. 2.1.6 There shall be two (2) low torque thrust bearings located above and below the stern collar. The stem nut shall be independent of wedge and shall be made of solid bronze. There shall be a smooth unobstructed waterway free of all pockets, cavities and depressions in the seat area. 2.1.7 The body and bonnet shall be coated with fusion bonded epoxy both interior and exterior. Each valve shall have manufacturer's name, pressure rating and year in which manufactured cast on the body. Prior to shipment from factory, each valve shall be tested by hydrostatic pressure equal to twice the specified working __. pressure. 2.1.8 Gate Valves shall be American Darling, Clow, U.S. Pipe or Kennedy. All gate valves shall be American made. 2.2 Butterfly Valves - 16" and Larger 2.2.1 All butterfly valves shall fully comply with AWWA C504, Class 150 -B, latest revision. WS- CA42 -3 06/24/03 10 F '4"0" 2.2.12 All surfaces of the valve shall be clean, dry and free from grease before painting. The valve surfaces except for disc, seating, and finished portions shall be evenly coated with a suitable primer to inhibit rust and with asphalt varnish in accordance with AWWA Standard 504, latest revision. 2.2.13 Prior to shipment from the factory, each valve shall be tested hydrostatically in accordance with AWWA Standard C504, latest revision. 2.2.14 Valves shall be Pratt, DeZurik or approved equal. All Butterfly valves shall be American made. 2.3 Valves for 2" Connections 2.3.1 All valves for air release system or bacterial sampling station shall be Mueller Oriseal Mark II or approved equal, ninety degree (90 °) turn on /off, with three- eighth inch (3/8 ") valve key. 2.3.2 Curb stops shall be Mueller Mark II Oriseal or equal. 2.3.3 Corporation stops shall be Mueller H 10045 or equal. 2.3.4 Ball valves shall be Ford Brass Ball Valves or equal. 2.4 Air Release Valves 2.4.1 Air release valves shall be float operated and both the air /vacuum and air release functions shall be performed by a combination valve housed in a single body. The float shall be stainless steel capable of withstanding a test pressure of 750 psig minimum. 2.4.2 The valve shall automatically exhaust large quantities of air during the filling of the pipeline. The air release port shall automatically release small pockets of air from the pipeline while the pipeline is in operation and under pressure. 2.4.3 The air release valve shall have a maximum working pressures of 150 psi, unless _._ otherwise indicated on the drawings, and shall have been tested at a pressure not less than 300 psi. - 2.4.4 The materials of construction shall be: Body, cover, and baffle of cast iron; float and all other trim shall be of stainless steel with the exception of Buna -N seat. No plastic parts shall be accepted. 2.4.5 Air release valves shall be Empire Specialty Company Model 945, Combinetic Series or equal. W S- CA42 -5 06/24/03 OF 3. Fittings and Appurtenances 3.1 Tees, Crosses, Reducers, etc. - 4 "- 12" Tees, Crosses 14" and Larger 3.1.1 All tees, crosses, reducers and other such materials shall be referred to as fittings. 3.1.2 All fittings shall be mechanical joint type and shall be cast from Ductile iron in accordance with ANSUAWWA C153/A21.53 with mechanical joint bells. Glands and gaskets shall be in accordance with requirements of ANSI/AWWA C111 /A21.11. The working pressure rating shall be 350 psi. Fittings shall have an asphaltic outside coating in accordance with ANSI/AWWA C153/A21.53. All fittings shall be restrained in accordance with paragraph 3.2.2 of these M- specifications. 3.1.3 Fittings shall be double cement lined and seal coated with an asphaltic material in accordance with AWWA C104. 3.1.4 Bolts and nuts for all flanged and mechanical joints shall be high strength steel meeting the current provisions of American National Standard AWWA C111 for rubber gasket mechanical joints for cast iron or Ductile iron pipe and fittings or shall be type 304 stainless steel. Bolt manufacturer's certification of compliance must accompany each shipment. 3.2 Fittings - Bends (Excluding Tees and Crosses) etc. - 6" and Larger 3.2.1 All bends and special fittings 6" and larger shall be restrained joint type. 3.2.2 Restraint shall be provided for horizontal or vertical alignment changes using Uni- Flange type collars that are epoxy coated and have high strength, low alloy hardware. The collars shall be EBBA Iron Sales, Inc., "Megalug," "Uni- Flange," or Romac Industries, Inc., "Grip Ring ". 3.2.3 Internal cement mortar linings and asphaltic seal coatings for pipe and fittings, where applicable, shall be in accordance with AWWA C104. External bituminous coatings for pipe and fittings shall be in accordance with AWWA C151 for pipe and AWWA C110 for fittings. 3.2.4 Restrained push -on joints for pipe and fittings shall be designed for a water working pressure of 350 psi in sizes six inches (6 ") through twenty four inches (24 ") and 250 psi for larger sizes. 3.2.5 Push -on joints with restraint shall be capable of being deflected after assembly. W S -C A42 -7 06/24/03 1 OF 4" Z114 3.4.7 All hydrants shall be Mueller Centurion, Kennedy Guardian or American Darling 5 1/4" B -84 -B. 3.4.8 All hydrants shall be of the year's manufacture when construction commenced and the year shall be clearly marked on the hydrant. 3.5 Blow -off Assembly 3.5.1 All dead end lines shall be temporarily ended with a blow off as shown on Standard Detail. After full bore flush the blow off shall be replaced with a fire hydrant. 3.6 Tracer Tape and Electronic Markers 3.6.1 Three inch (3") wide metallized warning tape, color blue, marked "Caution Water Line Below" shall be installed in the ditch over non - metallic pipe and shall be -- located twelve inches (12 ") below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. 3.6.2 Three inch (3") wide polyethylene warning tape, color blue, marked "Caution Water Line Below" shall be installed in the ditch over ductile iron pipe, twelve inches (12 ") below finished grade. 3.6.3 Electronic markers shall be installed in the trench six inches (6 ") above the water main pipe at all bends or changes in alignment and every 250 feet along the pipe between bends. The markers shall be "Omni Marker" Model 161 as manufactured by Radiodetection Corp. or Scotch Mark Model 1257 as manufactured by 3M Telecom Systems Group or approved equal. 3.7 Valve Boxes 3.7.1 Construction of Boxes: Valve boxes shall be cast iron from valve to finished grade, of the Roadway Extension type, of proper length and base size, with suitable detachable cover, and shall be coated inside and out with asphaltum paint. Valve boxes shall be Dewey Brothers VBX -TE 100 (6 5/16 inch cover) or approved equal. Valve boxes shall be made of close grained, gray cast iron in three pieces, as follows: a) The lower of base pieces, which shall be beveled at the bottom to fit around the stuffing -box gland, but must not rest on the valve bonnet or gear disc after installation. b) The upper barrel, which shall be flanged on the lower end, and of such size as to telescope over the lower base piece, the upper end being constructed in the form of a socket to receive the valve box cover. WS- CA42 -9 06/24/03 1OF `4 EXHIBIT J PART (3) - TECHNICAL SPECIFICATIONS - SEWER SYSTEM MATERIALS Pipe Materials 1.1 Ductile Iron Pipe (all sizes for all sewer applications) 1.1.1 Ductile iron pipe shall be of the size and class called for on the drawings. In the absence of a specified class on the drawings, all Ductile iron pipe installed in -- open, grassed, non - traffic areas shall have a minimum thickness conforming to Pressure Class 150 for gravity sewers and a Pressure Class 250 for force mains, as specified by AWWA Specification C150, latest revision. All mains and lines under traffic surfaces or pavement shall be Class 51 as specified by AWWA Specification C151, latest revision. 1. 1.2 All Ductile iron pipe used on the gravity sewer system shall be lined with polyethylene in accordance with ASTM D1248. A 40 mils (0.040 inch) nominal, [35 mils (0.035 inch) minimum] lining of polyethylene shall be furnished. The lining shall be a blend of high density and low density polyethylene powders complying with ASTM D 1248 compounded with an inert filler and carbon black to provide resistance to ultraviolet rays during storage above ground. Prior to preheating, seventy five percent (75 %) or more of the high temperature oxide film must be removed through proper preparation of pipe interior surface. Fittings shall be sandblasted. Pipe and fittings shall be uniformly preheated to a temperature adequate to provide uniform fusing of the polyethylene powders and proper bonding to the pipe and fittings. The lining at the ends shall be hermetically sealed and every pipe and fitting shall be subjected to and pass a 400 volt wet sponge, or equivalent, spark test. A sample cut from a production pipe shall pass the four (4) hour boil adhesion test as described in ASTM C541. Pipe and fittings shall be U.S. Pipe's POLYLINED pipe and fittings or equal. Pipe and fittings shall have an outside asphaltic coating as specified in AWWA Standard C151. Each piece of pipe shall bear a marking denoting the class to which it belongs. Ductile iron pipe and fittings, for force mains eight (8) inches in diameter and smaller, shall be interior coated with a 12 mil thickness of coal tar epoxy coating. Pipe and fittings, for force mains ten (10) inches in diameter and larger, shall be interior coated with either a 20 mil to 40 mil thickness polyethylene as specified above or a 12 mil thickness of coal tar epoxy coating in conformance with ASTM 1248. Pipe and fittings shall have an outside asphaltic coating as specified in AWWA Standard C151. Each piece of pipe shall bear a marking denoting the class to which it belongs. WS- CA43 -1 06/24/03 I OF `4 " the epoxy. It is recommended that the polyethylene lining be stripped back by chiseling, cutting, or scraping about one inch (1 ") to two inches (2 ") into well adhered lined area before patching. This ensures that all areas of undercutting (rusting) have been removed. Be sure to roughen an overlap of one inch (1") to two inches (2 ") of polyethylene lining in area to be epoxy coated. This roughening should be done with a rough grade emery paper (40 grit), rasp, or small chisel. Avoid honing, buffing, or wire brushing since these tend to make surface to be repaired too smooth for good adhesion. d) With area to be sealed or repaired absolutely clean and suitably roughened, apply a thick coat of a two -part coal tar epoxy such as Madewell 1104 or approved equal. The heavy coat of epoxy must be worked into the scratched surface by brushing. Mixing and application procedure for the epoxy must follow the epoxy manufacturer's detailed instructions. e) It is important that the entire freshly cut, exposed metal surface of the cut pipe be coated. To ensure proper sealing, overlap at least one inch (1 ") of the roughened polyethylene lining with this two part epoxy system. 1.2 Polyvinyl Chloride (PVC) Pipe (Gravity Lines Only) 1.2.1 PVC pipe shall have integral wall bell and spigot push -on joints and shall meet the requirements of ASTM D3034, Type PSM, SDR 26. All PVC Gravity Sewer Pipe shall be green in color. 1.2.2 Pipe joints shall include elastomeric gaskets and shall be integral bell type coupling, in accordance with ASTM F477 and D2122, latest revision respectively. Lubricant and gaskets are to be supplied with the pipe by the manufacturer of the pipe. Other types of lubricants are prohibited. Flexible gasketed joints shall be compression type conforming to ASTM D3201. 1.3 Polyvinyl Chloride (PVC) Pipe (Force Mains and Effluent Lines) 1.3.1 Polyvinyl chloride pipe (PVC) shall conform to AWWA C900 or C905 Specification, latest revision. Force mains shall be, minimum Class 100. Force mains with a system pressure greater than 50 psi and all Effluent mains shall be minimum Class 150. Both shall bear the seal of the National Sanitation Foundation (NSF) for the seal of the National Sanitation Foundation (NSF) for potable water pipe. All pipe shall be marked with the manufacturer's name, nominal size, type of plastic and pressure rating. Pipe O.D. shall be equivalent to cast iron pipe of the same nominal size. PVC pipe buried beneath roadways, parking lots or parking lot entrances shall meet AWWA C900 (DR 14) or C905 (DR 18) specifications, for Class 200 pipe. All sanitary sewer force mains shall be green in color. Effluent mains shall be Pantone Purple in color and marked WS- CA43 -3 06/24/03 iu a 0% F 2.2.3 The exterior and interior of the manhole shall be protected with two (2) coats of a two- component coal -tar epoxy. The first coat shall be thinned. The second coat shall be a minimum of eight (8) dry mils. The joint into the manhole shall be sealed with Ram -Nek, Kent -Seal or other acceptable product. 2.2.4 Components of the manhole shall be free of fractures, cracks, and undue roughness. Concrete shall be free of defects, which indicate improper mixing or placing, and surface defects such as honeycomb or spalling. Cracks or broken ends due to improper handling will not be acceptable. No lift holes will be allowed except in rise and corbel sections. These holes shall not penetrate the wall and shall be filled with non - shrink grout after installation. 2.3 Manhole Pipe Connections 2.3.1 Precast Manholes: Flexible, "boot type" rubber gaskets in pipe entrances with -- stainless steel bands shall be precast into the manhole as specified by the manufacturer. However, mortar or concrete shall be required both inside and outside the manhole at the pipe connection to guarantee a watertight seal and to -- match pipe and precast manhole inverts where necessary. 2.3.2 Doghouse Manholes: Doghouse manholes over existing sanitary sewer pipes are permitted, and in a number of instances, preferred. The concrete base shall be a minimum of eight inches (8 ") thick, with proper reinforcing rods to prevent cracking. This shall be poured upon a twelve -inch (12 ") base of gravel. Precast manhole rings may be set in the concrete over the existing pipe. Concrete should then be used to form both the bench and to seal the pipe entrances, both inside and especially outside. Once dry, the top of the pipe in the manhole shall be removed. 2.3.3 Connection to Existing Sewers: Where required or shown on the plans, connection to existing sewer shall be made in a manner, which will maintain existing flow on a continuous basis. Where flow cannot be maintained, interruption of service shall be minimized such that no bypass of sanitary sewage to any natural waterway or storm drain occurs nor shall such interruption create a public health hazard by sewage backup or overflow. Connections to existing sewers shall be made at manholes. New lines connecting to existing manholes shall be core bored and sealed with flexible boots and snap -in stainless steel inserts or "Link - Seal ". Connection of sewer pipe shall be a non - shrinking mortar. Existing manholes to which connections are made shall be rehabilitated to the _ degree necessary to correct any apparent signs of infiltration. Upon completion of the connection to existing sewers, existing lines no longer needed shall be sealed or plugged at the invert to reflect new flow patterns. W S- CA43 -5 06/24/03 10 "1� rings, or where approved by the Project Manager, red clay bricks. At no time will more than one (1) course of brick be utilized in making the adjustment. If adjustment exceeds this limit, then concrete riser rings shall be utilized in conjunction with the brick. Each concrete ring shall be set in a bed of mortar to insure a proper bond and seal between successive concrete rings. 4. Sewer Service Connections 4.1 Materials, Construction 4.1.1 All sewer service connections shall be of SDR 35 PVC as specified in Section 1.2 of Part (3), with elastomeric gaskets on pipe and fittings. 4.1.2 Service lines shall be connected to the sewer mains by means of a PVC wye fitting. The service branch of the wye fitting will be elevated depending on the -- depth of the sewer and the elevation of the property to be served. Forty -five degree (45 °) bends or other fittings shall be used to connect the service line at the wye branch. Service lines shall be installed at such grades as will adequately serve the properties, minimum 1% slope. 4.1.3 Service lines shall extend from the sewer to the property line and be plugged. Plugs shall be plastic with sealer. Service lines shall be six inches (6 ") for single residential properties and six inches (6 ") pipe and larger for commercial, industrial, and multiple residential services. Tracer tape and markers shall be installed at the end of each service or opposite wyes and locations recorded. Service lines will have a minimum of three feet (3') and a maximum of five feet (5') of cover at the property line. Service will be provided to each lot. All laterals shall have a vertical clean out installed at the property line. Clean outs shall extend 24 inches (24 ") above grade and should be capped. After final connection of the lateral to a structure the clean out shall be cut off at grade and capped. 5. Valves and Fittings on Pressure Lines All plug, gate, check and air release valves shall be American made, cast and assembled. 5.1 Gate Valves - 4" through 24" 5.1.1 Valves shall conform to the latest revision of AWWA Standard C509 or C515 covering resilient seated gate valves. 5.1.2 The valves shall be cast iron or ductile iron body with non -rising stem (NRS) opening by turning stem counterclockwise and provided with two inches (2 ") square operating nut with the word "Open" and an "Arrow" cast in the metal to indicate direction to open. Valve nuts shall be no more than 30" underground. WS- CA43 -7 06/24/03 1OFvy Contractor. Such direct taps shall be made in accordance with (UNI -B -8) Uni -Bell Recommended Practice. Service saddles or fittings shall be used with taps to all other types of pipe. Service saddles shall be used for taps larger than one inch (I") on all six inches (6 ") and larger C900 PVC pipe. Gasket shall be cemented in place and confined in a retaining groove. Saddles shall be brass double strapped. 5.1.2 Tapping sleeves and valves shall be used for all taps in excess of two inches (2 "). 5.1.3 Service saddles on ductile iron pipe shall be Ford 202B, and on PVC pipe shall be Ford S 90 or approved equal, with AWWA threaded corporation stop connections. 5.2 Corporation Stops for Service Connections 5.2.1 Corporation stops shall meet the requirements of AWWA C800, and shall be Mueller H15008, or approved equal; ends AWWA thread x compression, CTS. 5.3 Water Service Tubing 5.3.1 Water service connection tubing shall be polyethylene municipal service tubing. 5.3.2 Polyethylene tubing shall meet the requirements of AWWA Standard C901. Polyethylene tubing shall be 3406 polyethylene. 5.4 Polyethylene Service Tube Stiffeners 5.4.1 A solid ring, stainless steel insert shall be installed with each and every compression connections made with polyethylene tubing. 5.5 Air Release Valve Connections 5.5.1 Connections from corporation stops to air release valves shall be brass for rigidity. END WS- CA42 -11 06/24/03 1OF 5.2.5 Air release valves shall be Empire Specialty Company Model 929, Valmatic Model 48SBW or equal for raw sewage and Empire 945 or equal for effluent.. 5.2 ) NPT .6 Two -inch �" t.. ( — inlet and one -half inch (1/2) outlet shall be provided unless otherwise noted on the drawings. 5.3 5.3 5.3.2 5.3.3 Plug Valves Plug valves shall be used in all lift stations and on all sanitary sewer for Plug valves shall be manually actuated straight way valves of force mains. eccentric type with resilient faced lug the non - lubricated, Plugs areas shall be at least ei g y ht P o and joint ends to match the pipe. Port percent (80 %) of the full pipe area. Bodies shall be semi -steel with raised seats. The face of the seats shall nickel or rust - resistant alloy. Upper and lower plug stem bushings be of stainless steel and permanently lubricated. Valves shall be of the bolted b bs shall be of design. Packing on valves shall be adjustable and valves desig bonnet Without removing bonnet from the valve. Exposed nuts, boltsbsprinos recapping washers shall be zinc plated. Valves shall be suitable for controlling and sewa 5.3.4 All valves in lift stations shall be provided with hand wheel operating °ge. turning counterclockwise to open. Valves on force mains not in lift stat on be provided with two inch (2 ") inch square bronze operating nuts, with ns shall and an Arrow" cast thereon and shall be no more than 30" under ro th Open" shall be manufactured by DeZurik or approved equal. When an existing system, use resilient seat gate valves as per g Valves making a hot tap to P A W WA C -509. 5.3.5 All valves shall have a safe working pressure of 200 psi. 5.3.6 Valve exterior shall be painted with red oxide phenolic rimer paint. P 5.4 Check Valves 5.4.1 All check valve bodies shall be cast iron per ASTM A126 Class integral (not Wafer) flanges. B, having 5.4.2 The seat shall be centrifugally cast bronze with an O -ring place with stainless steel lock screws and be field replaceable) without in special tools. he use of 5.4.3 The shaft shall be single and continuous stainless steel, extendi he body with a lever and weight, using an air cushion cylinder, side both sides of t e mounted. Ws- CA43 -9 06/24/03 � fre OF b) The upper barrel, which shall be flanged on the lower end and of such size as to telescope over the lower base piece; the upper end being constructed in the form of a socket to receive the valve box cover. — c) The valve box cover, which shall have cast on the upper surface in raised letters, the word "sewer ". — 5.5.2 Valve Box Adjustment: All valve boxes shall be set plumb over the valve with the valve nut centered therein. The contractor shall adjust valve boxes to final grade at the time designated by the Project Manager. As shown on the Standard Details, the Contractor shall build a reinforced concrete collar 18" x 18" x 6" around the valve box head in pavement, flush to the grade of the top of the box. In unpaved areas, a similar concrete collar shall be poured with the top flush with the surrounding ground level. No extra payment shall be made for this item. 6. Tracer Tape 6.1 Three inch (3") wide metallized warning tape, color green, marked "Caution - Sewer Line Below" shall be installed in the ditch over the force main pipe and shall be twelve inches (12 ") below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. 6.2 Three inch (3") wide metallized warning tape, color orange, marked "Caution — Non - Potable Water Line Below" shall be installed in the ditch over the effluent pipe and twelve inches (12 ") below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. 7. Electronic Markers 7.1 Electronic markers shall be installed in the trench six inches (6 ") above the force main or effluent pipe at all bends or changes in alignment and every 250 feet along the pipe between bends. The markers shall be "Omni Marker" Model 162 as manufactured by Radiodetection Corp. or Scotch Mark Model 1258 as manufactured by 3M Telecom Systems Group or approved equal. END W S— CA43 -11 06/24/03 EXHIBIT J PART (4) - TECHNICAL SPECIFICATIONS — GENERAL MATERIAL SPECIFICATIONS FOR INSTALLATION OF PIPELINES Concrete and Cement 1.1 Cement 1.1.1 Portland Cement shall be of a standard brand and shall conform to the requirements of ASTM C150- latest edition, except as hereinafter stated. One bag of cement shall be considered as weighing ninety -four (94) pounds. Type I shall be used unless higher cement is specified, in which event Type III shall be used. For Type I, the maximum amount of tricalcium silicate shall be sixty (60) percent. Cement may be shipped either in paper or cloth sacks and the package shall have the brand and name of manufacturer plainly marked on the outside. All cement shall be stored in weatherproof buildings in such a manner as will prevent absorption of moisture by the lower layers. Shipment shall be segregated by lot for identification. Type I cement which has been in storage more than ninety (90) days shall be re- tested before use. Where carload shipments are used, a certificate from an approved testing laboratory shall be submitted prior to use of such cement on the job. 1.2 Fine Aggregate 1.2.1 Composition: Fine aggregate shall consist of natural sand and shall be graded from coarse to fine within the following limits shown on Table I.I. Sand failing to meet the minimum requirement for material passing the Number 50 and/or Number 100 Sieve may be used, provided other satisfactory inorganic fine materials are added. If two sands are used, each must be mixed, after separate weighing, in proportions as set by the Project Manager. TABLE I.1 U.S. Standard Percent of Total by Square Opening Sieve Weight Passing Min. Max. No. 4 97 100 No. 8 80 100 No. 30 25 75 No. 50 10 30 _ No. 100 2 10 No. 200 (By Washing) 0 4 WS-CA-J4-1 06/24/03 TABLE I.2 Passing Square Opening Sieve 21/2 Inch 2 Inch 1 Inch 1/2 Inch No. 4 TABLE I.3 Passing Square Opening Sieve 11 /2 Inch 1 Inch 1/2 Inch No. 4 No. 8 TABLE I.4 Passing Square ODenine Sieve 1 Inch 3/4 Inch 3/8 Inch No. 4 No. 8 Percent By eight -100 95-100 35- 70 10- 30 0- 5 Percent By Weight -100 90-100 25- 60 0- 10 0- 5 Percent By Weight -100 90-100 20- 55 0- 10 0- 5 1.3.4 Stockpiles: Stockpiles shall be constructed in layers not exceeding three feet (3') in height, and material shall be deposited in such manner as to prevent segregation of coarse and fine materials. Each type of aggregate shall be placed in a separate stockpile. Stockpile sites shall be cleared, grubbed and drained before using. WS-CA-J4-3 06/24/03 1.7.2 Where a central batching plant is not operated, each r 't have available an approved portable weighing device for use in proportioning. W Each batch shall be mixed for one and one -half (1' /2) minutes after charging has been completed, and during such mixing period, that drum shall operate with a peripheral speed of not less than one - hundred and fifty -three (153), nor more than two - hundred and twenty -five (225) feet per minute. The number of revolutions per minute shall be between fourteen (14) and twenty (20). Retempering concrete or use of concrete in which initial set has taken place will not be allowed. Transit mixed concrete from an approved batching plant and suitable truck mixer may be approved by the Project Manager. 1.8 Forms 1.8.1 Forms for concrete work may be of dressed lumber, plywood, metal or a combination thereof as may be approved by the Project Manager. Where dressed lumber is used, the boards shall be surfaced both sides with tongue and groove edges, and for forms exceeding four feet (4') in height, the thickness of individual boards shall not be less than one and one - quarter (1' /4) inches dressed. Forms shall be constructed mortar tight and with sufficient supports, walls and bracing to hold the concrete in line and shape without bulging. 1.8.2 Forms shall be held together by form ties so arranged as to permit the ends of the bolts to be removed to a depth of at least one and one -half (11 /2) inches beneath the surface of the concrete. The cavity, so formed, shall be filled as soon as possible with cement mortar proportioned so as to blend in with color and bond to the remaining portion of the wall. On thin walls not subject to hydrostatic pressure, wiring of forms will be permitted. 1.8.3 Forms for walls, basins, flumes or other exposed structures having straight outlines, shall be erected and set so as to be true in alignment and braced sufficiently to remain in that condition throughout pouring of concrete. Corners and edges shall finish true and plumb, and curved surfaces and edges shall finish true to radius. Concrete of the highest grade and form, only, will be acceptable. 1.8.4 Where forms are to be reused, they shall be cleaned thoroughly after dismantling, coated with form release agent and stored to prevent warping and twisting. W S- CA44 -5 06/24/03 1OF TABLE I.5 Pipe Sizes (O.D.) Wall Thickness 12 3/4" .188 16" .250 18" .250 20" .250 24" .250 30" .312 36" .375 48" .432 3. Embedment Materials 3.1 Classification 3.1.1 Embedment materials listed here include a number of processed materials plus the soil types defined according to the Unified Soil Classification System (USCS) in ASTM D2487. These materials are grouped into five (5) broad categories according to their suitability for this application. 3.1.2 Class I: Angular, one - quarter inch (1/4 ") to one and one -half inch (1' /z ") (6 to 40 mm) graded stone, including a number of fill materials that have regional significance such as coral, slag, cinders, crushed shells and crushed stone. (Note: The size range and resulting high void ratio of Class I material makes it suitable for use to dewater trenches during pipe installation. This permeable characteristic dictates that its use be limited to locations where pipe support will not be lost by migration of fine grained natural material from the trench walls and bottom or migration of other embedment materials into the Class I material. When such migration is possible, the material's minimum size range should be reduced to finer than one - quarter inch (1/4 ") (6 mm) and the.gradation properly designed to limit the size of the voids. An alternative to modifying the gradation is to use a geotextile fabric as a barrier to migration to fines.) 3.1.3 Class H: Coarse sands and gravels with maximum particle size of one and one -half inches (11 /z ") (40 mm), including variously graded sands and gravels containing small percentages of fines, generally granular and non - cohesive, either wet or dry. Soil Types GW, GP, SW and SP are included in this class. (Note: Sands and gravels, which are clean or borderline between clean and with fines, should be included. Coarse - grained soils with less than twelve percent (12 %), but more than five percent (5 %) fines are neglected in ASTM D2487 and the USCS, but should be included. The gradation of Class II material influences its density and pipe support strength when loosely placed. WS- CA44 -7 06/24/03 10F 4.2 Prime Coat 4.2.1 The material used for prime coat shall be cutback asphalt, meeting the requirements of Section 300 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, and all supplements thereto. The cover material for the prime coat shall be either sand (either bare or hot - asphalt coated) or screenings at the Contractor's option. The sand shall be nonplastic and free from any appreciable amount of silt, clay balls and root articles and from any noticeable sticks, trash, vegetation or other organic matter. Screenings shall be Miami Oolitic rock screenings meeting the specifications above. 4.3 Tack Coat 4.3.1 The tack coat shall be Emulsified Asphalt, meeting the requirements of Section 300 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, and all supplements thereto. -- 4.4 Asphaltic Concrete Type S -I or Type II 4.4.1 Except when otherwise directed by the Transportation Department hot bituminous mixtures shall conform with Sections 330, 331, or 332 for Type S -1 or Type II Asphaltic Concrete Surface Course of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. The Contractor shall furnish sufficient proof that the named source of material supply to be used meets Florida Department of Transportation Road Specifications. The Project Manager may require additional tests from time to time and the Contractor shall furnish all material necessary for said tests. "° W S- CA44 -9 06/24/03 EXHIBIT J PART (5) - TECHNICAL SPECIFICATIONS - EROSION AND SEDIMENTATION CONTROL 1. Erosion Control The method to be used in trench excavation and the equipment to be used for the purpose of erosion control is optional to the Contractor, unless otherwise noted in the plans or by local regulations. Consequently, an erosion control plan shall be -- prepared based upon the method to be used. It is the responsibility of the Contractor to prepare the erosion control plan, submit it to the Project Manager for review and comment, submit it for approval to the State and/or local authorities, prior to commencement of any land disturbing activities, and to provide the Project Manager with a copy of the approved plan. 2. Types of Controls 2.1 Location 2.1.1 The type of sedimentation and erosion control (SEC) devices to be employed on the project will depend on location and adjoining features of the land at that location. Unless noted on the plans, the Contractor shall construct SEC devices as directed by the Project Manager or deemed necessary by the Contractor. 2.2 Riprap Channel Construction Specifications 2.2.1 Clear the foundation of all trees, stumps, and roots. 2.2.2 Excavate the bottom and sides of the channel thirty inches (30 ") below grade at all points to allow for the placement of riprap as shown in the typical cross - section in the Standard Details. 2.2.3 Install extra strength filter fabric on the bottom and sides of the channel foundation, placing the upstream fabric over the downstream fabric with at least a one foot (1.0') overlap on all joints. The fabric is to be securely held in place with metal pins. 2.2.4 Place riprap evenly to the lines and grades shown on the drawings and staked in M the field. Riprap to be placed immediately following the installation of the filter fabric. 2.2.5 Riprap to meet specification for D.O.T. Class 2 Riprap. 2.2.6 Vegetate all disturbed areas following specifications shown in the vegetative plan. WS-CA-J5-1 06/24/03 1OF 2.5 Sediment Fence Construction Specifications 2.5.1 Construct sediment fence on low side of topsoil stockpile to prevent sediment from being washed into the drainage system. Fence to extend around approximately seventy percent (70 %) of the perimeter of the stockpile. 2.5.2 Locate posts down slope of fabric to help support fencing. - 2.5.3 Bury toe of fence approximately eight inches (8 ") deep to prevent undercutting. 2.5.4 When joints are necessary, securely fasten the fabric at a support post with overlap to the next post. 2.5.5 Filter fabric shall be of nylon, polyester, propylene or ethylene yarn with extra - strength - 501b. /linear inch (minimum) - and with a flow rate of at least 0.3 gal /ft. /minute. Fabric should contain ultraviolet ray inhibitors and stabilizers. 2.5.6 Post to be four inches (4 ") diameter pine with a minimum length of four feet (4'). 3. Siltation and Bank Erosion The Contractor shall take adequate precautions to minimize siltation and bank erosion in crossing canals or ditches, in discharging well point systems, or during other construction activities. W S- CA45 -3 06/24/03 1 O EXHIBIT J PART (6) - TECHNICAL SPECIFICATIONS - RESTORATION 1. Excess Material Unless otherwise noted in these contract documents, excavated material in excess of the quantity required for backfill, if deemed usable by the Project Manager, shall be removed by the Contractor at Contractor's cost to a site designated by the Project Manager. All unusable material shall be disposed of at the Contractor's expense unless otherwise noted in these Contract Documents. Contractor shall not place unusable materials within the limits of the Right -of -Way unless so directed by the County Transportation Department. 2. Work in Right -of -Way Contractors performing work within the public Right -of -Way shall be responsible to protect, during construction, all existing vegetation and facilities not authorized to be removed. Contractor shall be responsible for acquiring all state and local right -of -way permits. Contractor shall be responsible for restoring all vegetation or facilities damaged during construction. 3. Tree Cutting The indiscriminate cutting of trees or disfiguring of any feature of scenic value shall not be permitted. This includes methods such as the use of herbicides. The necessary trimming or cutting of trees by Contractor in the interest of public safety or continuity of facility service shall not be considered indiscriminate where such facilities cannot bypass the obstruction without violating the minimum clearance requirements. 4. Sidewalk/Dri veway Replacement 4.1 Materials Sidewalk/driveway repairs shall be done using materials matching those disturbed -- during construction. Rock, asphalt, concrete, etc. shall be as specified in Exhibit J, Part (4) of the contract documents. 4.1.1 Grassing Grassing, mulching, and watering operations when required are to begin within three (3) weeks after completion of construction or as otherwise directed and shall be continually watered until growth is initiated or until sufficient local shower activity will ensure growth. All requirements regarding grassing, mulching and watering shall be in accordance with the Florida Department of Transportation WS-CA-J6-1 06/24/03 10F surface shall be in accordance with the Standard Details (for both paved and unpaved roads) and/or special stipulations of the right -of -way permit. 5.1.3 Limerock from a Florida Department of Transportation approved pit shall be on the job site during open cutting. When the specified compacted limerock base is greater than six inches (6 "), the base shall be constructed in two (2) or more lifts. 5.2 Temporary Restoration 5.2.1 If the restoration is incomplete at the end of the day, the trench shall be backfilled __.. and made flush with existing pavement edges. Temporary asphaltic patches are permitted when restoration of the road is incomplete at the end of the day, but only with the approval of the Transportation Department. If approval is given for a temporary patch, the cut shall be properly backfilled, with compaction meeting the density requirements specified, primed, then the cold or hot mix asphaltic patch applied. At such time when the conditions are corrected, the temporary - cold or hot mix asphaltic patch used shall then be removed and the final asphaltic overlay shall be evenly applied, as required. The temporary patch may be utilized for a period from the commencement of the open cut, not to exceed ninety (90) -- days for each cut. 5.2.2 Upon backfill and completion of the base, if the hot mix asphalt is not immediately placed and when authorized a temporary cold or hot mix asphaltic patch with a smooth all- weather surface may be utilized. 5.2.3 Before a lane is open to traffic, an asphaltic patch must be provided where applicable. 5.3 Conditions of Open Cuts (if permitted) 5.3.1 On dead end streets, collector streets, and high traffic streets, trenching and pipe laying shall be performed in such a manner that at least one -way traffic is maintained at all times. 5.3.2 All trench lines across existing pavements, driveways, sidewalks, curbs, etc., shall be saw cut in straight parallel lines. 5.3.3 Contractor shall exercise care to minimize amount of pavement, sidewalk, driveways, and curbing to be removed. The final decision as to the amount of removal allowed shall rest with the Project Manager. 5.3.4 Pavement shall not be left unrepaired overnight. If Contractor wishes to repave all damaged areas at one time, and such request is approved by the Project Manager, a cold patch mix shall be utilized immediately until final pavement restoration. WS-CA-J6-3 06/24/03 r 1OF; 6.3 Placing Asphalt 6.3.1 Asphalt patches shall be filled by hand or by mechanical means. In either case, rolling shall immediately follow. When using mechanical spreaders for overlays or strip patches, the following paragraphs (6.3.1.1 through 6.3.1.6) shall be adhered to. 6.3.1.1 All asphaltic concrete mixtures (including leveling courses), other than those adjacent to curb and gutter or other true edges, shall be laid with the use of string lines to assure an accurate, uniform alignment of the pavement edge. 6.3.1.2 Depth of each layer shall be checked at frequent intervals, not to exceed twenty - five feet (25'). Any deviation from the required thickness, in excess of the allowable tolerance, shall be immediately corrected. 6.3.1.3 No layer shall be greater than two inches (2 ") when compacted. Where a surface course is constructed to a thickness greater than two inches (2 "), it shall be constructed in approximately equal layers, each not exceeding two inches (2 "). 6.3.1.4 Laying Width: Where necessitated by traffic conditions, mixture shall be laid in strips in such manner as to provide for the passage of traffic. Where the road is closed to traffic, mixture may be laid to the full width, by machines traveling in parallel. 6.3.1.5 Spreading Finishing: Upon arrival, mixture shall be dumped into the approved mechanical spreader and immediately spread and struck off to the full width required and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, will be secured. An excess amount of mixture shall be carried ahead of the screed at all times. Hand raking shall be done behind the spreader as necessary. 6.3.1.6 Correcting Defects: Before any rolling is started, the surface shall be checked, _ any irregularities adjusted, and all drippings, fat sandy accumulations from the screed, and fat spots from any source shall be removed and replaced with satisfactory material. No skin patching shall be done. When a depression is to be _. corrected while the mixture is hot, the surface shall be well scarified before the addition of fresh mixture. 6.4 Compaction 6.4.1 Compaction on small patches shall be accomplished through the use of five -ton rollers, first rolling the edges of the patch, then following with the center of the patch to prevent upheaval or separation at the joints. Do not over-roll. WS- CA46 -5 06/24/03 6.5 Protection of Finished Surface OJr 6.5.1 Sections of newly compacted asphaltic concrete, which are to be covered by additional courses, shall be kept clean until the successive course is laid. 6.5.2 Upon completion of the finished pavement, no dumping of any material directly on the pavement will be permitted. When shoulders are constructed after completion of the final surface, blade graders operating adjacent to the pavement during construction shall have a two inch (2 ") by eight inch (8 ") (or larger) board (or other attachment providing essentially the same results) attached to their blades in such a manner that it extends below the blade edge, in order to protect the pavement surface from damage by the grader blade. Vehicular traffic shall not be permitted on any pavement, which has not set sufficiently to prevent rutting or other distortion. 6.6 Density Density Required for Asphaltic Concrete Pavement: After final compaction, the density shall be at least ninety -five (95 %) of the laboratory compacted density of the paving mixture. 6.7 Defects 6.7.1 Rollers shall not be allowed to deposit gasoline, oil or grease onto the pavement, and any areas damaged by such deposits shall be removed and replaced as directed by the Project Manager. 6.7.2 All drippings, fat or lean areas, and defective construction of any description shall -_ be removed and replaced. 6.7.3 While rolling is in progress, surface shall be tested continuously and all discrepancies corrected to comply with the surface requirements. 6.7.4 Depressions, which develop before completion of the rolling, shall be remedied by loosening the mixture and adding new mixture to bring depressions to a true surface. Should depression remain after final compaction has been obtained, full depth of the mixture shall be removed and replaced with sufficient new mixture to form a true and even surface. All high spots, high joints and honeycomb shall be corrected as directed by the Project Manager. 6.7.5 Any mixture remaining unbonded after rolling shall be removed and replaced. Any mixture which becomes loose or broken, mixed or coated with dirt or in any way defective, prior to laying the wearing course shall be removed and replaced with fresh mixture which shall be immediately compacted to conform with the surrounding area. W S- CA46 -7 06/24/03 1OF 8.1.3 Seed Mixture and Sowing the Seed - All seed must have been tested within six (6) months of planting. A seed bag tag shall be submitted with final payment requests from each type or mixture of seed used. Seed mixtures shall be chosen to insure the development of the planting during the season of planting, and to insure future growth and permanence. 8.1.1.4 Mulching and Asphalt Tie -Down: All seeded areas will be mulched with one and — one half (11 /2) tons per acre of small grain straw spread uniformly, approximately one quarter (1 /a) of the ground should be visible to avoid smothering seedlings. Asphalt emulsion shall be used to anchor the straw applied at 150 gallons per ton of straw, where necessary. (Alternate methods may be used, if approved by the Project Manager.) 8.1.1.5 Maintenance: Care shall be taken to prevent run -off destruction to seeded area, and shall continue until turf is established. 8.1.1.6 Grassing, mulching, and watering operations when required are to begin within three (3) weeks after completion of construction or as otherwise directed, and shall be continually watered until growth is initiated or until sufficient local shower activity will ensure growth. All requirements regarding grassing, mulching and watering shall be in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision or as otherwise stipulated. Any yards or parts of right -of -way in front of private property that contain a grass mat shall be resodded with similar type sod. 8.1.2 Guarantee: The Contractor shall guarantee a live and vigorous stand of permanent grass at the time of acceptance of the work consisting of 80% coverage minimum for seeded grass with no bare spots greater than five (5) square feet. 9. Removal and Replacement of Existing Lawns and Shrubbery 9.1 Removal of Vegetation 9.1.1 Removal and/or replacement of existing lawns and shrubbery shall be accomplished in so far as practicable in accordance with the desires of the property owner, and in all cases shall be acceptable to the Project Manager. Where possible, sod lawn areas shall be removed in one foot (F) square or rolled sections, carefully preserved, and replaced on a prepared top soil base after all other construction operations are completed. Sod shall be rolled and watered as necessary to establish growth. In areas where the turf is not adequately thick to be removed as sod, the entire area that is damaged shall be replaced with a six inch (6 ") layer of topsoil, fertilized, raked and seeded with the same grass as is predominant in the existing lawn. The finished surface must be smooth and uniform throughout. WS- CA46 -9 06/24/03 10Fq r EXHIBIT J it PART (7) - TECHNICAL SPECIFICATIONS - GENERAL 1. SEPARATION FROM OTHER PIPE SYSTEMS 1.1 Parallel Water and Sewer or Effluent Lines 1.1.1 Sanitary sewer lines, storm sewers or force mains shall be separated from water mains by a minimum clear vertical distance of eighteen inches (18 ") and a horizontal distance of ten feet (10' -0 "). Reclaimed water (effluent) mains shall be separated from water mains, gravity sewers or force mains by a minimum clear vertical distance of eighteen inches (18 ") and a horizontal distance of five feet (5' -0 ") center to center or three feet (3' -0 ") outside to outside. When this standard cannot be maintained, the sewer line shall be concrete encased for a distance of ten feet (10') each way from the water line and any other conduit, with a minimum vertical clearance of twelve inches (12 ") being provided at all times. 1.2 Crossing Water and Sewer Lines 1.2.1 Water mains crossing over a sewer shall be (bottom of water main to top of sewer) separated by at least eighteen inches (18 ") unless local conditions or barriers prevent an eighteen -inch (18 ") vertical separation. All crossings with vertical clearance less than eighteen inches (18") shall be made using sewer pipe thickness Class 200 AWWA C900 PVC pipe, and water pipe of Class 51 Ductile iron pipe, for a distance of ten feet (10') each side of the crossing. The gravity sewer pipe in these locations shall be backfilled with USCS Class I bedding stone to a height of 6 inches above the crown of the pipe. 1.2.2 When water mains cross under a sewer, both mains shall be constructed of C900 Class 200 PVC pipe with joints equivalent to water main standards for a distance of ten feet (10') on each side of the point of crossing with no intermediate joints. Additionally, a section of water main pipe shall be centered at the point of crossing. 2. FLUSHING AND DISINFECTION OF WATER MAINS 2.1 Flushing Mains 2.1.1 All water lines shall be filled with potable water, pigged or swabbed, and flushed, under the supervision of Owner's personnel, via a full bore flush. All lines twelve (12) inches in diameter and larger shall be pigged to clear debris prior to full bore flushing. A section of pipe shall be inserted in the gap specified in the jumper shown in the Standard Details to connect the new construction to the existing facilities for the purpose of accomplishing the full -bore flush. After completion of the flush, the connection shall be removed. The facilities shall be capped and W S- CA47 -1 06/24/03 I OF r# such proportion that the required chlorine content is evenly distributed in the main. Air pockets shall be eliminated and system pressure applied. Following chlorination, all water shall be flushed from the lines until replacement water has a chlorine content not more than 0.1 ppm in excess of the residual in the water from the supplying main. 2.4 Bacteriological Testing 2.4.1 Water samples for bacteriological examination shall be taken by the Owner after receiving adequate notice (at minimum, forty eight (48) hours) from the Contractor. The lines shall not be placed in service until a negative bacteriological report is received. -- 3. TESTING OF GRAVITY SANITARY SEWER LINES 3.1 Watertight Construction 3.1.1 It is imperative that all sewers and force mains, manholes, and service connections be built watertight and that the Contractor adhere rigidly to the specifications for material and workmanship. Since of the water and sewage in the lines will be treated at the treatment plant, special care and attention must be given to securing watertight construction. After completion, the sewers or sections thereof will be tested and gauged. If infiltration or exfiltration is above the limits specified in Sections 3.4 and 3.5 below, the sewer construction work will be rejected. 3.2 Cleaning 3.2.1 Care shall be exercised during construction of the manhole to see that materials do not enter the sewer line. The invert and shelf of the manhole shall be kept clean of all mortar, broken brick, sand, or any other materials falling into the manhole. Such material shall be immediately removed. This condition shall be maintained until final acceptance of the work. Prior to testing of gravity sanitary sewer lines, the lines shall be thoroughly cleaned, using appropriate tools. 3.3 Gravity Sewers - Visual Inspections On completion of each block or section of sewer, or at such other times as the Project Manager may direct, the block or section of sewer is to be cleaned, tested and inspected. Each section of the sewer is to show, on examination from either end, a full circle of light between manholes. Each manhole, or other appurtenance to the system, shall be of the specified size and form, be watertight, neatly and substantially constructed, with the rim set permanently to design position and grade. All repairs shown necessary by the inspection are to be made; broken or cracked pipe replaced, all deposits removed and the sewers left true to line and grade, entirely clean and ready for use. W S- CA47 -3 06/24/03 b) Pressure loss from 3.5 to 3.0 psi shall not exceed 0.5 psi during the required testing time. C) Testing time in minutes shall be calculated as 0.625 x nominal pipe size (inches). 3.7 .2 Force Main Pressure Testing All force mains shall be subject to pressure testing at the following standards: System Operating Pressure Test pressure 50 PSI or less 100 PSI Greater than 50 PSI 150 PSI or 2 times the operating pressure, whichever is greater. Duration 2 hours 2 hours Allowable leakage on force mains shall be computed utilizing the standards for water loss in conformance with AWWA C600, the latest revision thereof. 3.7.3 Concurrently with the leakage test a hydrostatic test shall be performed using the 5 PSI, as specified in AWWA C600, see 4.1 Paragraph 4. 3.8 Gravity Sewer - Television Inspection Complete television inspection shall be required at the Contractor's expense prior to the project's preliminary acceptance inspection and at the one (1) year warranty inspection to ensure that the gravity sewer system is watertight and has no defects. Each section of line is to be videotaped in color on a standard high quality VHS tape and turned over to the Utilities Division Wastewater Department for review. The tape shall display data on pipe size, pipe type, invert depth, date, time, footage from manhole and location of main. All repairs shown necessary by this inspection are to be made; any broken or cracked pipe replaced and all deposits removed, leaving the sewers clean and ready for service. All joints or laterals shown to be leaking shall be excavated and repaired or sealed with an approved grout as supplied by Cues, Inc. Any time a line is repaired or sealed, a reinspection is required to ensure that the sewer is free of any leaks or defects. Any defective work or necessary correction shown during television inspections during construction must be corrected by the Contractor, at his expense, before the lines will be accepted by the County or appropriate Water Sewer District and placed into service. All corrective measures required and identified during warranty inspections must be accomplished by the Contractor, at his expense, before final release of the Performance Bond provided for the construction. WS- CA -J7 -5 06/24/03 1OF 7. DITCH/CANAL CROSSINGS 7.1 Permits 7.1.1 The Project Manager, with assistance from the Design Professional, will obtain the necessary construction permits for ditch or canal crossings from appropriate authorities. Contractor shall not begin work on any ditch or canal crossing until a copy of the approved permit is received from the Project Manager. The work shall be subject to any additional requirements of the governing authority. 7.2 Crossings 7.2.1 Aerial Crossing -- Pipes spanning elevated pier crossings shall be flanged ductile iron Pressure Class 350 pipe conforming to AWWA C115, C150 & C151. Pipe spanning on piers spaced further apart than normal pipe length of 18 or 20 ft. shall be multiple length pipe with interior flanged joints with a rubber gasket pipe such as Clow "Long -span Pipe ", Flanged US Pipe, Flanged American Pipe or approved equal. The pipe wall thickness and flanged joints shall be designed to safely span the °- elevated piers under working pressure without exceeding the allowable stresses and conform to AWWA C150. Limit pipe deflection at center of span with pipe full of water to 1/720 of span length. Submit aerial pipe and flange computations for review Submittal must be signed and sealed by a Florida registered Professional Engineer. Flanges shall conform to AWWA C150 and C115. All bolts and nuts used in aerial crossings shall be stainless steel. Gaskets shall be full faced or recessed "O- Ring" type to prevent leaks in pipe under stress in the aerial crossing. Outside surface of all pipe, flanges or spool pieces shall be shop coated with zinc primer, High Build Epoxy protective coat and a field applied finish coat of polyurethane high gloss. All exposed water lines shall be painted blue. All exposed sewer force mains shall be painted green. All exposed treated effluent lines shall be painted pantone purple. WS- CA47 -7 06/24/03 1OF '1 9.5 finless an approved detour is provided at any open cut crossings, a minimum of one -way traffic will be maintained during the daylight hours and two -way traffic at night. All traffic detours will be restricted to limits of the Right -of -Way with necessary flagmen and/or marking devices. These detours shall be approved by the Project Manager. Detour of traffic outside of the Right -of -Way will be considered with the approval of local governmental agencies and private concerns involved. 9.6 Crossing and Intersections Contractor shall not isolate residences and places of business. Access shall be m- provided to all residences and places of business whenever construction interferes with existing means of access. Access shall be maintained at all times. If pavement is disturbed, a cold mix must be applied at the end of the day. 9.7 Detours 9.7.1 Contractor shall construct and maintain detour facilities wherever it becomes necessary to divert traffic from any existing roadway or bridge, or wherever construction operations block the flow of traffic. The location of all detours will -° require prior approval of the Project Manager. 9.7.2 Furnishing of Devices and Barriers The Contractor shall furnish all traffic control devices (including signs), warning devices and barriers. Costs of such devices shall be incidental to construction and included in unit prices bid. 9.7.3 Maintenance of Devices and Barriers Traffic control devices, warning devices and barriers shall be kept in the correct position, properly directed, clearly visible and clean, at all times. Damaged, defaced or dirty devices or barriers shall immediately be repaired, replaced or cleaned as necessary. 9.8 Flagmen Contractor shall provide competent flagmen to direct traffic where one -way operation in a single lane is in effect, and in other situations as may required. Radios may be required if flagmen cannot maintain contact with each other. 9.9 During construction, all necessary signs, flagmen, and other safety devices shall be utilized. W S- CA47 -9 06/24/03 1OF 13. CONNECTION AND SHUTDOWN PLAN AND SCHEDULE When plans call for connection to existing facilities or the Contractor plans to shut down existing utilities or where damage to such facilities is likely in order to complete construction of items under this contract, the Contractor shall furnish the Project Manager with a written connection and shutdown plan and schedule at least two working days in advance of the Work, for approval by the Project Manager. The connection and shutdown plan shall identify the locations of all valves needed to isolate the point of connection in the event that the existing facilities are - damaged while making the connection. The plan shall also identify the next nearest isolation valves as a backup in the event that the nearest isolation valve fails to properly close. The connection and shutdown plan shall identify items such as valves, bypass piping, portable pumper trucks or any other means which the Contractor proposes to use in order to provide effective shutdown of the system. The connection and shutdown schedule shall include details of shutdown time and duration. No connections or construction where shutdown of or damage to existing utilities may occur shall begin prior to approval of the connection and shutdown plan and schedule by the Project Manager. 14. RECORD DRAWINGS °- During the entire construction process, the Contractor shall maintain records of all deviations from the contract drawings and specifications and shall then prepare "record drawings" showing accurately and correctly all work as it was actually constructed in red pencil. Stationing and offset dimensions of all valves, fittings, air release valves, sample points or other appurtenances shall be accurately located by a Licensed Land Surveyor and shall be accurately and legibly shown on these "record drawings ". Final disbursal of project monies shall not occur until or unless said "record drawings" are submitted to the satisfaction of the Design Professional through the Project Manager. The Design Professional shall supply one (1) set of blueprints for this sole purpose to the Contractor who shall safeguard same until presented back to the Project Manager as red -lined "record drawings" for approval. Record drawings shall show dimensions and elevations of underground utilities. All buried and concealed items including all valves, fittings, etc., shall be accurately located on the annotated drawings at a minimum of every 100 feet or at all changes in alignment both vertically as to top of pipe elevation and horizontally in relationship to not less than two (2) permanent features (e.g., WS- CA-J7 -11 06/24/03 10F '1 Where the relocation, disruption or special maintenance of existing utilities is expected and shown on the plans, the disruption to existing service shall be kept to a minimum time. The Contractor shall submit a schedule to the Project Manager for approval prior to commencing work. All costs associated with protecting, repairing, replacing, relocating or maintaining existing utilities shall be included in the unit prices in the Bid Schedule. 16. INSPECTION The Contractor shall provide proper facilities for inspection and access to the work at all times for authorized representatives of the Project Manager, Design Professional, Collier County or any agency having jurisdiction over any part of the work or work site. 17. COORDINATION AND COOPERATION In performing all work under the Contract, the Contractor shall coordinate his work with that of any adjacent contractor and shall cooperate with them in every reasonable way in order to minimize interference with their operation. 18. CLEANING The Contractor shall be responsible for the removal of all debris and waste products of construction which are a result of his work. Prior to final acceptance of the work, the work site shall be totally clean of all debris, rubbish and shall be thoroughly cleaned by the Contractor. The Contractor shall secure all required permits and shall arrange for progress and final inspections as the work develops. 19. BENEFICIAL USE OF FACILITIES It is the intent of these Specifications that all newly constructed facilities be placed in service as soon as an integrated portion of the new facilities can be constructed and accepted by the Owner. Acceptance or use by the County of any portion of the facilities prior to final acceptance shall not relieve the Contractor of any responsibility regarding such facilities, which are part of the Contract. END W S- CA47 -13 06/24/03 1OF PART (8) MEASUREMENT AND PAYMENT 1. GENERAL 1.1. Work Included 1.1.1. This section shall include Measurement and Payment for furnishing all w materials, labor, tools, equipment, and incidentals for performing all operations necessary to complete the Work under this contract. 1.1.2. The prices stated in the Proposal shall include all costs and expenses for performing and completing the Work under this contract. 2. PAYMENT ITEMS 2.1. Measurement And Payments 24.1. Mobilization/Demobilization: Measurement and payment shall be lump sum for complete mobilization and demobilization of the preparatory work and operations for beginning work on the Project, including but not limited to those operations necessary for the movement of personnel, equipment, supplies and incidentals to the Project site, and for the establishment of a temporary office, staging area, sanitary and other facilities and for removal and restoration of these facilities, as required by these Specifications. 2.1.2. Water or Reclaimed Water Mains: The unit price bid for the various sizes, classes, and types of pipes shall be compensation in full for furnishing all labor, material, equipment and incidentals necessary to install complete one linear foot of pipe, regardless of the depth of cover in accordance with these specifications. Price shall include pipe material including all material, fittings, restrained joints, locator disks and identification tape, clearing and grubbing, grassing, sodding, trenching, removal of pavement, driveways and sidewalks, rock excavation, backfilling, disposal of non - usable excavated -- material, bedding, tie -ins, laying, testing, flushing, cleanup and all appurtenances. Measurement for payment will be made along the centerline of installed pipe, excluding the lengths of fittings, valves and specials for which there is a separate pay item. 2.1.3. Jack & Bore: Payment for crossings will be based upon the linear foot quantity shown on the Plans, price stated in the Proposal for steel casing of the specified diameter. Payment shall constitute full compensation for all labor, materials, permits, and equipment required to complete the installation, within the limits shown. No additional payment for trench excavation and backfill, for furnishing and placing pipe, or for any other items will be made within the limits as shown on the Plans. Carrier pipe will be paid for separately. WS- CA-J8 -1 OF 44`4 2.1.12. Restore Limerock Driveway: The unit price bid shall be compensation in full for replacing each open cut limerock property access. The term "restore limerock driveway" shall include stabilized subgrade and limerock base as shown on the Plans. 2.1.13. Silt Fence: The unit price bid for silt fence shall be compensation in full for furnishing all labor, material, equipment and incidentals necessary to install complete one linear foot of silt fence prior to any construction and removal of same upon completion of project. 2.1.14. Maintenance of Traffic: Unless otherwise specified in the Contract Documents, the cost of labor, materials, and equipment required to provide and maintain temporary access to property owners shall be included in the Maintenance of Traffic pay item. "� WS- CA -J8 -3 EXHIBIT K PERMITS WS- CA -K -1 — Bid No. 03 -3529 –Vanderbilt Beach Road Reclaimed Water Main EXHIBIT L 1OF STANDARD DETAILS (if applicable) WS- CA -L -1 Bid No. 03 -3529 — Vanderbilt Beach Road Reclaimed Water Main JOG' • 4Q�! 1u v (" ; 1 X16181 Q, Date: December 22, 2003 To: Jeffery A. Klatzkow Office of the County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An agreement with Stock Development LLC regarding the Lely Resorts PUD and Development Order Enclosed please find two (2) copies of the documents referenced above, Agenda Item #10G, as approved by the Board of County Commissioners on December 16, 2003. If you should have any questions, please contact me at 732 -2646, ext. 7240. Thank you, Enclosure(s) JOG DEVELOPMENT AGREEMENT THIS EVELOPMENT AGREEMENT (this "Agreement ") is made and entered into this day , 2003, by and between STOCK DEVELOPMENT, LLC, a Florida limited liability company ( "Stock Development "), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "County "). WITNESSETH: WHEREAS, the County adopted Ordinance 92 -15 (as amended by Ordinance 92 -38) establishing Lely, a Resort Community Planned Unit Development (the "Lely PUD "); and WHEREAS, the County also adopted Development Order 85 -3 (as amended by Resolution 85 -249, Resolution 91 -5, and Resolution 92 -166) establishing a development of regional impact for Lely Resort (the "Lely Development Order "); and WHEREAS, Lely Development Corporation, a Florida corporation ( "Lely Development ") was the original developer under the Lely PUD and Lely Development Order; and WHEREAS, Stock Development has become the successor developer under the Lely PUD and Lely Development Order; and WHEREAS, there are various existing non - compliance issues with respect to the Lely PUD and Lely Development Order; and WHEREAS, Stock Development and the County wish to provide for a resolution of those issues through this Agreement; and WHEREAS, Stock Development and the County additionally wish to formalize other agreements with respect to commitments listed under the Lely PUD and Lely Development Order. NOW THEREFORE, in consideration of the sum of Ten and No /100ths Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Stock Development and the County do hereby covenant and agree as follows: Recitals. The foregoing recitals are true and correct and are incorporated herein as part of this Agreement. 2. Roadway Commitments. In lieu of the 6 -lane roadway known as Lely Resort Boulevard., which may be required pursuant to and all other requirements in Section 14.C.3 of the Lely Development Order, Stock Development, or its successor (the "Developer ") agrees to the following items: a. No later than December 1, 2003, Developer shall convey to the County, at no cost, a strip of land along Rattlesnake- Hammock Road for purposes of right -of -way. The land to be conveyed is set forth in the legal description attached hereto and made a part hereof as Exhibit "A ". b. No later than December 1, 2003, Developer shall convey an easement to the County, at no cost, acreage sufficient to manage stormwater in a wet detention system collected from Rattlesnake- JOG W "." 4 Hammock Road for a 25 -year storm event. This stormwater management system is associated with the roadway and not associated with the Lely Resort Master Property Owners Association's Stormwater Management System. The County is responsible for construction of these improvements. The easement to be conveyed shall be located in the area between Grand Lely Drive and the property boundary and is generally set forth in the legal description attached hereto and made a part hereof as Exhibit "B ", which may be reasonably modified by mutual agreement of the parties to adequately address the stormwater needs. The stormwater management system shall be constructed as a lake. The lake shall be constructed by the County in a manner that adequate landscaping to buffer the lake from adjacent property can be installed by the Developer. The County shall submit the lake plans to the Developer for review and approval. The Developer shall retain all fill removed from the property during lake construction. C. The County shall be responsible for all mitigation which may be required due to the County's construction of Rattlesnake Hammock Road and related stormwater improvements. d. County shall construct, at no cost to the Developer, a twelve inch water main extension to be stubbed out to the Grand Lely Drive right -of- way in the approximate location depicted in Exhibit "C ". e. Collier County staff shall cooperate with the Developer to amend the PUD Master Plan to extend Tract 52 and to allow property within the expanded Tract 52 to be developed with commercial uses, realign Grand Lely Drive and to permit approximately 10,000 square feet of neighborhood commercial within Tracts 13 13B, 13C and 13D. f. Developer will cooperate with the County to permit Stormwater collected on Collier Boulevard (C.R. 951) for the portion of Collier Boulevard between Rattlesnake Hammock Road and Grand Lely Drive to be incorporated into Lely Resort Master Property Owners Association's Stormwater Management System at no cost to the County. The County will construct the stormwater collection ponds and all necessary piping, etc. as needed on Developer's property such that it will be integrated into the Lely Resort Master Property Owners Association's Stormwater Management System. The Developer shall retain all fill removed from the property during lake construction. The tie -in to the Lely Resort Master Property Owners Association's Stormwater Management System is generally shown on Exhibit "D" attached hereto and made a part hereof. County will repair any damage, including, but not limited to, damage to Developer's berm, wall or landscaping caused by County's construction of the lakes and necessary piping. For that portion of CR -951 from Grand Lely Boulevard south to Triangle Boulevard, Developer shall cooperate with the County to attempt to incorporate the stormwater into its project and attempt to obtain CDD approval to allow the stormwater to flow into the CDD's stormwater system. There shall be no financial cost to the Developer. If this is not economically or legally feasible, the parties will negotiate in good faith to establish other tie -ins to the Lely Resort Master Property Owners IOG Association's Stormwater Management System property to effectuate the intent of this provision. g. Within 90 days of Developer's receipt of written notice from the County, Developer shall convey to the County, at no cost, sufficient right -of -way to provide for intersection improvements at the intersections of Grand Lely Drive and Collier Boulevard, and Collier Boulevard and Triangle Boulevard and warranted by traffic data and modeling for the Developer's project. h. By January 1, 2008, a 4 -lane roadway shall be constructed by Developer from Rattlesnake - Hammock Road to Lely Resort Boulevard or County's completion of the Santa Barbara Extension, whichever comes first. i. Developer agrees there will be no further access points other than the existing access points along Collier Boulevard (C.R. 951). j. Developer, at its sole cost, may install up to a 12 -foot wall and berm combination as sufficient noise abatement to road impacts along CR -951. The maximum height of the wall shall be ten feet. k. Developer will contribute 33.33% of all costs associated with signalization at the time traffic data warrants. 3. Sidewalk and Lighting Commitments. Stock Development, or its successor, agrees that, at its sole cost and expense, it shall complete the following the projects: a. An eight -foot sidewalk will be constructed on the east side of Celeste Drive from Grand Lely Drive to Triangle Blvd when development pursuant to each phase of the Site Development Plan (SDP) for any adjacent parcels to Celeste Drive is commenced or when the County's road widening project for Collier Blvd (CR 951) is commenced; whichever occurs first. The eight -foot sidewalk on the east side of Celeste Drive will also connect by eight -foot sidewalk to Collier Boulevard at Triangle Boulevard and Grand Lely Drive. b. An eight -foot sidewalk will be constructed parallel to U.S. 41 East, north of the canal, from Triangle Boulevard to the western end of the Lely Development property line by June 1, 2004 with an easement to the County to insure perpetual use by the public and maintenance of the sidewalk by the County. C. Tract 4, tract 26 and tract 54 will provide a 20' x 20' foot easement for bus shelters. Locations of said shelters are shown on Exhibit "E" attached hereto and made a part hereof. The construction, design, and permitting will be the responsibility of Collier County. d. A six foot sidewalk will be constructed on the north and /or west side of Triangle Boulevard from U.S. 41 East to County Road 951 when construction pursuant to each phase of the SDP for any adjacent parcels to Triangle Boulevard is commenced. lOG'"- I e. A six -foot sidewalk will be constructed on the south side of Wildflower Way from Lely Resort Boulevard to Lely High Boulevard by December 31, 2004. f. An eight -foot sidewalk will be constructed in the south side of Lely Cultural Parkway when tract 30 and /or tract 26 development pursuant to site development plans for either parcel is commenced and the eight -foot sidewalk will connect to Collier Boulevard (C.R. 951) and to Grand Lely Drive. g. A eight -foot sidewalk will be constructed on the east side of Grand Lely Drive from Lely Cultural Parkway to Rattlesnake Hammock Rd. and a eight foot sidewalk will be constructed on the North side of Lely Cultural Parkway from Edison Community College to Grand Lely Drive by December 31, 2005. Eight -foot sidewalks will be constructed on both sides of Grand Lely Drive from Rattlesnake Hammock Road to Lely Resort Boulevard by December 31, 2008. h. Fifteen multi - capacity bike racks will be provided to the County by June 1, 2004. i. Developer shall install arterial level lighting at Grand Lely Drive and CR -951, U.S. 41 and Lely Resort Boulevard and other areas where the lighting does not meet the standards for arterial lighting according to the standards in existence at the time the lighting was installed. j. The above commitments are described in Exhibit "E" and shall fully satisfy the sidewalk requirements for all existing roadways in Lely Resort. k. The above referenced sidewalk improvements shall be permitted by the County through one submittal package. The Developer shall not be required to modify any existing SDP to permit the sidewalk improvements. 4. Transportation Commitments. By execution of this Agreement and completion of the conditions contained herein, Stock Development, or its successor, will be deemed to have completely satisfied and fulfilled the Transportation conditions contained in Section 14.C.3 of the Lely Development Order and the Transportation portion of the General Development Commitments contained in Section 14.02.C. of the Lely PUD. 5. Vestine. The parties understand and agree that Stock Development may act in reliance upon this Agreement, and to the extent that such action and reliance occurs, the conditions contained herein shall be deemed to vest in Stock Development, or its successor. Additionally, by this Agreement, the Lely PUD shall be deemed to be vested with a total of 9,150 dwelling units. 6. Roadway Acceptance. The County hereby finally accepts for ongoing county maintenance those roadways and related drainage and sidewalks which have been preliminarily accepted and are set forth in Exhibit "F ". The acceptance of the roadways is with the understanding that there will be no traffic calming devices on Grand Lely Drive, Lely Resort Boulevard, Lely Cultural Drive and Triangle 4 l OG Boulevard. These roadways will be operated as collector roads. Developer will pay the County the sum of $200,000.00 on July 1, 2004, to be utilized by the County to repair Lely Resort Boulevard. 7. Successors or Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. 8. Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier, telecopier or facsimile transmission, or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Stock Development: Stock Development, LLC 5692 Strand Boulevard, Suite #1 Naples, Florida 34110 Attn: Brian Stock, Managing Member Phone: (239) 592 -7344 Facsimile: (239) 592 -7541 If to the County: Collier County Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Attn: Norman E. Feder, A.I.C.P Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or three (3) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via regular mail on the day of such transmission. Any such transmission received after 5:00 p.m. Eastern Standard Time (or Daylight Savings Time, whichever then applicable) shall be deemed to have been given on the next following business day. The addressees and addresses for the purpose of this paragraph may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 8. Amendment. This Agreement may not be changed or modified, except in writing by an instrument executed by the parties hereto. 9. Severability. If any term or provision of this Agreement or the application thereof to any party, person or circumstance shall, to any extent, be declared invalid or unenforceable by a court of law, the remainder of this Agreement, or the application of such term or provision to parties, persons or circumstances other than those to as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other terms and provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. l OG 10. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules, and this Agreement shall not be construed more strictly against one party than against another party merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all parties hereto have contributed substantially and materially to the negotiations and preparation of this Agreement. Venue for any legal action arising out of this Agreement shall lie in Collier County, Florida. 11. Agreement Not a Partnership or Joint Venture. Nothing in this Agreement is intended to create a partnership or joint venture between the parties and none of the parties to this Agreement shall be construed under this Agreement as being partners or joint ventures for any purpose. 12. Entire Agreement. This Agreement contains the entire agreement among the parties hereto, and supersedes any and all prior agreements, arrangements, or understandings, whether oral or written and whether recorded or unrecorded, between the parties hereto or their predecessors in interest, relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date and year first above written. p L s,. ATTMT: ko 11-4 5 � >'gA U. Appov$ dial ti f form and legal sufficiency: Jeffr f A. JIVtzkow Assistant o ty Attorney WITNESSES: (Print Name: LzAuda C 1J2iny&mAA) ) 6-4- PA 54-SA►J Vim. CaPec -�rv� 0 BOARD OF COUNTY COMMISSIONERS OF COLLIE COUN , FLORIDA 0 By: Tom Henning, Chairman 1 a —1 (.p- -01-0o STOCK DEVELOPMENT, LLC, a Florida limited liability company By. &.an 2 An�i -.,4 . Print Name: 1,-') A -r 961 M H 0 A' G r KJC' (Print Name: STATE OF FLORIDA ) ) ss. COUNTY OF COLLIER ) Title: The foregoing instrument was acknowledged before me, this IF 4% of 7%ewvv�r7 , 2003, by 37 ;an J�aek , as 1"an 4;," fMcmit'of Stock Development, LLC, a Florida limited liability company, on behalf of said company, who is (✓Tpersonally known to me or ( ) has produced as evidence of identification. ��NR E IBRI ��''i 23 087296 0� i 9 %1�d ^dedl�c'�.�e 1 NOTARY PUBLIC Name: Gave►-4 424-*g1&F (Type or Print) My Commission Expires: S:\ DATA \WPDATA \LITIGATE \Stock \12 -6 -03 Development Agreement.DOC s OG SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. lic SEE SHEET 2 OF 5 PROPERTY OWNER: ASSOCIATED REAL ESTATE MATCHLINE SW INC. REFERENCE. O.R. 1134, PGS. 936 - 938 STRAP NO.: 502621001.0005B21 SCALE: 1 = 80� AREA OF TAKE: 2.099 ACRES AREA OF REMAINDER: xxxx SO. FT. ± I I � � I � TREVA KAY MCLEAN + O.R. 800K 2513, PAGE 2542 N STRAP # 502616022.0005B16 tv I W U P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY N z OW 'W� b N� wa z� a b �Y b8 2� S J'J 3 O a W O ;H ^�N �W �gm 2a O U� h � 2� (.Q NI 1L w wIn h r n m1 z �I to DESCRIPTION: PARCEL I 2 Li w ~ � I oWN COUNTY TRANSPORTATION 2 W N�h Z � O qp)O I Zvi . - - -5 --- ----- tOn dug Q o 1 Professional engineers, planners, & land surveyors Q� Q X to DATE: SEPT. 25, 2003 C.Hler C.—tr: 6une 200, 7400 T—L-1 Tr I N.rt6; N.ple�, rL 94108 (04:)697 -sill Lee C.uatT: suite 101, 1626 H—dry sheet, Port My.,:, rL 90001 (041)961 -9111 I PROJECT N0.• p �� q 8315 � rte: (941)6ee -2206 t i VJ F• I �. � o % o U — W _.. — ck� _ _ Z Qoroi ^o O ti Q NON < I c m W Y co V F- 'jYiZv� O ^ G I p a N O ly! ! fpOLO I l� \ z Q Z 4owa I � a = _ co 1 S o ck� I w In Q CL ° x Y ( o Z O O ° O - — — — — — — — N' — — — I W 1� z O I� I �ti I V. u1 � ga I h eq �T UNr'kO 4 ti O O C Fi ly�cry O min ci -01 �Wc�OI o N oil iWvwz 4 +47.96 50.01' I � � I � TREVA KAY MCLEAN + O.R. 800K 2513, PAGE 2542 N STRAP # 502616022.0005B16 tv I W U P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY N z OW 'W� b N� wa z� a b �Y b8 2� S J'J 3 O a W O ;H ^�N �W �gm 2a O U� h � 2� (.Q NI 1L w wIn h r n m1 z �I WEST LINE OF NORTHEAST pUAR1FR SECTl4.,_ON 21. ll4p. 50 S, RCE 26 E. S�OJ-J�B J--OrW 5193,23 EAST LINE OF NDRTNWESl Ql1AR1ER SECDON 21, TWP. 50 S. RCE. 26 E. LELY DEVELOPMENT CORP. STRAP ,j' 502621002.0005821 yZ r1 U�W U wt lZNN vi LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 5 THIS LEGAL DESCRIPTION AND SKETCH ti DESCRIPTION: PARCEL 110 w ■■2■■ � N COUNTY TRANSPORTATION 2 W N�h Z � O qp)O 12/11/03 Wes° tOn 0000■■ waN 0 o Ilk Professional engineers, planners, & land surveyors Q� Q X to DATE: SEPT. 25, 2003 C.Hler C.—tr: 6une 200, 7400 T—L-1 Tr I N.rt6; N.ple�, rL 94108 (04:)697 -sill Lee C.uatT: suite 101, 1626 H—dry sheet, Port My.,:, rL 90001 (041)961 -9111 DRAWN BY: J - -AN PROJECT N0.• p �� q 8315 C—U l—t..( A.tn.d -tl— N... Ls 3604 .nd 18 6664 rte: (941)6ee -2206 ACAD NO: 8668 —SD2 FILE NO: 8668 v1 6 �O �N �2 �F v) WEST LINE OF NORTHEAST pUAR1FR SECTl4.,_ON 21. ll4p. 50 S, RCE 26 E. S�OJ-J�B J--OrW 5193,23 EAST LINE OF NDRTNWESl Ql1AR1ER SECDON 21, TWP. 50 S. RCE. 26 E. LELY DEVELOPMENT CORP. STRAP ,j' 502621002.0005821 yZ r1 U�W U wt lZNN vi LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 110 ■■2■■ CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION .... NOLI 00.08 REVSION: 00000 ■■■■■ ARUX & BY: 12/11/03 GE RGE W. HACI _ EY, P.S.M. NO. 5606 0000■■ mammon�RUNDAGE,O+�. Professional engineers, planners, & land surveyors SCALE: 1" = 60' DATE: SEPT. 25, 2003 C.Hler C.—tr: 6une 200, 7400 T—L-1 Tr I N.rt6; N.ple�, rL 94108 (04:)697 -sill Lee C.uatT: suite 101, 1626 H—dry sheet, Port My.,:, rL 90001 (041)961 -9111 DRAWN BY: J - -AN PROJECT N0.• p �� q 8315 C—U l—t..( A.tn.d -tl— N... Ls 3604 .nd 18 6664 rte: (941)6ee -2206 ACAD NO: 8668 —SD2 FILE NO: 8668 10G SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA PARCEL NO. lic PROPERTY OWNER: ASSOCIATED REAL ESTATE SW INC. REFERENCE: O.R. 1134, PGS. 936 - 938 _ STRAP NO.: 502621001.0005621 AREA OF TAKE. 2.099 ACRES AREA OF REMAINDER: xxxx So. FT. SEE SHEET 3 OF 5 SHADOWOOD VILLAS MATCHUNE PLAT BOOK 23, PAGES 86 THRU 87 7 TRACT "A' — I- [10' BIDE LANDSCAPE EASEMENT -I 20' WE DRAINAGE EASEMENT I SCALE: 1 = 80� PARKERS HAMMOCK ROAD I (60' WDE, INGRESS / EGRESS EASEMENT)I �w 12/11 O.R. BOOK 1072, PAGE 1518 0 O iiiiii�RUNDAGE,Btc. N N la Collier County: Sulte 200' 7400 Tatol —I r-11. North; Naples, FL 04105 (041)607 -9111 U $N Certltloate of Authort-Uou Noe. LB 0084 cad Is 3564 Tan (041)608 -2209 ti N aJ g I ZNQaOO O� NNro °z � n� I � i vi z a H ra I U O Q O J O W 1n N -(_ N I I o a cc CRAIG AND GLORIA PERLOWIN I 3 O.R. BOOK 3134, PAGE 2054 1 0 STRAP N 502616152.0005816 LOT 10 I N J o 0 a � I �a✓u Up to Q 01 3 ca Nv)o O � I 0) Z O Uj C) Q O cl� O 1( % R 1 LV Q) N 2 I --- Z- - - - - -- ONm Qa U) �Wo 3 � aQo m U ti 0 co 1 10 h r h I Q ¢ p 1L m I UO o � Q� I N CL O -J O O I (� 03 P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R 0 W = RIGHT —OF —WAY CONCRETE A LB 4161' N MATCHUNE SEE SHEET 1 OF 5 LEGAL_ DESCRIPTION AND SKETCH SHEET 2 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 110 ■��■ C.LI tIV 1: :: GNOLI ■yam:■ �w 12/11 ii ARHER & iiiiii�RUNDAGE,Btc. V H Collier County: Sulte 200' 7400 Tatol —I r-11. North; Naples, FL 04105 (041)607 -9111 Lea Count,: Suit. 101, 1820 Heudq Stz..t. Port l47er., FL 99001 (041)997 -9111 $N Certltloate of Authort-Uou Noe. LB 0084 cad Is 3564 Tan (041)608 -2209 Ury 3 i vi z a H o � N U� Z, LU 5 Qom m a g �a✓u Up to Q 01 Nv)o O � WWo to �^ C� N O qaN In % R m W ° 4 w Qa U) O 3 Q�fr O h r h o � U N Do {Jj w (� Y U r m Q at v Z Y 4 Q N MATCHUNE SEE SHEET 1 OF 5 LEGAL_ DESCRIPTION AND SKETCH SHEET 2 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 110 ■��■ C.LI tIV 1: :: GNOLI ■yam:■ 12/11 ii ARHER & iiiiii�RUNDAGE,Btc. Professional engineers, planners, & land surveyors Collier County: Sulte 200' 7400 Tatol —I r-11. North; Naples, FL 04105 (041)607 -9111 Lea Count,: Suit. 101, 1820 Heudq Stz..t. Port l47er., FL 99001 (041)997 -9111 Certltloate of Authort-Uou Noe. LB 0084 cad Is 3564 Tan (041)608 -2209 BOUNTY TRANSPORTATION DIVISION BY: GE RUE� W. HACK EY, P.S.M. NO. 5606 SCALE: 1" = 80' DATE: SEPT. 25. 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8668 —SD2A FILE NO: 8668 SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 110 PROPERTY OWNER: ASSOCIATED REAL ESTATE SW INC. _ REFERENCE. O.R. 1134, PGS. 936 - 338 STRAP NO.: 502621001.0005821 AREA OF TAKE: xxx SO. FT. AREA OF REMAINDER: xxxx so. FT. t ° ° N SCALE: 1" = 80' SEE SHEET 4 OF 5 MATCHUNE I 11 1 1 I3 I � 3 8 Z m + n N I Z q 1 H 3 (n CL k V W q � Z C) I C. I Q O + I BE N I W 0 1Z W yZj U 4 � J I� li S C I �- ti aW I I NN �o I ______. r7 7, , ___ QY _ 4_-j L 4 I +_48.27 N 3 Z O VN � 2 �K xNx n O d: w Wp$ M 2� �o LjLo Lj�N � Luo Ix Q q Y � U O ul �co q� ti W m N Lu Z Q O CL N O ti W MATCHUNE P.O.C. = POINT OF COMMENCMENT SEE SHEET 2 OF 5 P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY LEGAL, DESCRIPTION AND SKETCH SHEET 3 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 110 ■■ ■■■ CLIENT: COLLIER COUNTY TRANSPORTATION DISISION g NOId own ■■■■■ iiii OG SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 110 PROPERTY OWNER: ASSOCIATED REAL ESTATE SW INC, REFERENCE: O.R. 1134, PGS. 936 - 9384 STRAP NO.: 502621001.0005821 r AREA OF TAKE: XXx SO. FT. \ I i $ W I SCALE: ? = 80 AREA OF REMAINDER: xxxx SQ. FT. a z °a I zN un I P Z) Z) U) i �� I �� I '1 ON taj V pC �: it M ro w O � >- WI Z I �'� I Zl7NC) Lnv1 L`l2Fn= Q� I (" �q �1 �NIx " Liz ¢ z n W 2¢ QOW Q'� I m I �� m r;l OY�N =W i 5 OCN NW ~O� �a t0 `o n =pQ)t�p �zz04 4 �ia o ZV4 �°' r\ F XOerw 3N 1yzF� N (7 �o Q�NLn O W 31.1 hW (L �, v)O J¢ a; 1 WU �h 1 Op0"t N� 3 v z W Z ml �1n p x31: IL W 4 o' I iJ �ZJ 0] (W7l n' i- N I 2 Lvi °N 1/ K 1 +65.65 +6J, 7p WEST LINE OF NOR SO.p1' 50.08' SECRON 22, nlWFST QUARTER \ T°. 50 S., RGE. 26 E. S O4D1 2g1� 1286 JJ W 1 a b EAST UNE OF NORTNEAS, QUARTER SECTION 21, T14P. 50 S., RGE 26 E. N + W K�- ¢ >- 0)R �v o ° 3 N ry A (n 3 O Q� z o< a h QOW �N zo I F zmv (� ~mQ QVl D 4 (,) O o ID a) ° � Z 4k O a OJ �- ry V) QO Cad + WQ z Z Q c`� K N 4c N Om^ � I O Q ♦, O +22.73 - -- !2 F- W z(8, a I N Zp Ct ec 3 0 J4 ° I ° o ti ,n Ooh ~moo Ip y� �W ww y31P $ &I f✓ m W 1q� o WCL W WW k�4 vi i�W �r'aT 3. �Np a 19 3`I °38 6,.i "NN e UO O C4 (0 C) Io n �SZ �° 3 ►- 00 Q £ 52 to �tLl�l _° P.O.C. = POINT OF COMMENCMENT MATCHLINE P.O.B. = POINT OF BEGINNING SEE SHEET 3 OF 5 R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 4 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 110 ■uno■ CLIENT; COLLIER COUNTY TRANSPORTATION DIVISION iiiiAGNOLI mono■■■ mono■■■ BY: ■nonono■ ARBER & / GEORG W. HACKNEY, P.S.M. N0. 5606 ■nononono■ 12 11,/03 iiiiii�RUNDAGE,mc. Professional engineers, planners, & land surveyors SCALE:_ 1" = 80' DATE:SEPT 5 00 Cew.r County: Bute ROO, 7400 T-1-1 7r.il, North; N.ple., PL 34108 (941)697 -6111 DRAWN BY: A Lee C*-ty. Bette 101, 1826 Hendry Street, Port Y7erm, n 66901 (941)337 -3111 �_il PROJECT NO.: 8315 Certlfl.et..f Autnorl.enen N... LB $664 end aB 3084 hn (941)666 -2203 ACAD NO: 8668 -SD2C FILE NO: 8668 SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 110 ALL THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 21; THENCE SOUTH 3'38'30" WEST ALONG THE WESTERLY LINE OF SAID NORTHEAST 1/ 4 OF SECTION 21 A DISTANCE OF 50.07 FEET TO 1HE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864 — 100' ROW) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'15'45" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 2617.37 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID NORTHEAST 1/4 OF SAID SECTION 21; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 4'01'29" WEST ALONG SAID EASTERLY LINE OF SAID NORTHEAST 1/4 OF SECTION 21 A DISTANCE OF 27.55 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 239.40 FEET; THENCE LEAVING SAID LINE SOUTH 0'44'15" WEST A DISTANCE OF 11.00 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 38.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 474.45 FEET; THENCE LEAVING SAID LINE NORTH 75'38'31" WEST A DISTANCE OF 46.71 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 1857.94 FEET 10 AN INTERSECTION WITH THE AFOREMENTIONED WESTERLY LINE OF SAID NORTHEAST 1/4 OF SAID SECTION 21; THENCE NORTH 3'28'30" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 27.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1.778 ACRES OF LAND MORE OR LESS; THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ■m■■■ noma GNOLI ■ :: A ■uM RBER & :11mm"ii RUNDAGE,am. Professional engineers, planners, & land surveyors Collier County: SHWA 200, 7400 Tatnlarol Trail, North; Naples, FL 54108 (041)807 -8111 Lee County: Sint. 101, 1828 Hendry Street, Fort gyera, n 55001 (041)957 -5111 Certlrloatw of Authorlaatdon Noe. LH 5884 and 65 5884 Fax: (041)888 -2205 LEGAL_ DESCRIPTION AND SKETCH SHEET 5 OF 5 DESCRIPTION: PARCEL 110 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION BY: /`` 12/11,/03 G 0 GE W. HACKNE P.S.M. NO. 5606 SCALE: N. T, 5. DATE: SEPT. 25, 2003 DRAWN BY: JAN PROJECT NO.: 831 ACAD NO:8668 —SD2C FILE NO: 8668 10 G :fiv, +14 SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 710 —A SEE SHEET 2 OF 5 PROPERTY OWNER: ASSOCIATED REAL ESTATE MATCHUNE SW, INC. S, o � REFERENCE: o R 1134. PGS. 936 -938 50262100i.0005B21 SCALE: 1 STRAP NO.: = 80' p lit WV Y ri O z� 3 O � TREVA � KAY MCLEAN I r ` STRAP # 502616022.0005816 (0 I Q 0¢p P.O.C. = POINT OF COMMENCMENT P 0 B. = POINT OF BEGINNING V3 1n w l rn � z I p f7 to I z O ( � _ C) J `Z D 0 W LU N 4 r^ WQo Q) Z q00 ^o O W e 1- v) a c 4 m t0 `� O C" In a- W 1 00 N lVU1 O � 0 b o Y 5 I W C) LO Q o I O r 4 CL h A b I � C h I 3 U 41 V- Z I w41 O V N I ` Y 1g � Uq J1n� 0 I �� Q4o a J r �W x� 7.i I �tn m Gal IS 7J6'7p' W I wN J KHST LINE OF NORTHEAST QUARTER _50.07 SECTION 21, TWP, 50 S., RGE. 26 E. 4411 UN�"'zo w CL J 1 O CID En N n k z 'e W O U I 2 ii C cc CN ry WOQ fl WZE +47.96 50.01' p lit WV Y ri O z� 3 O � TREVA � KAY MCLEAN W + O.R. BOOK 2513, PAGE 2542 N ` STRAP # 502616022.0005816 N Q Q 0¢p P.O.C. = POINT OF COMMENCMENT P 0 B. = POINT OF BEGINNING V3 1n p lit WV Y ri O z� EAST LINE OF NORTHWEST pUARTERJ O h m SECTION 21, TKP. 50 S„ RGE 26 E. p: I w O NI (L n LELY DEVELOPMENT M CORP. ml STRAP N 502621002.0005621 R.O.W, = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 710 —A CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION �N h �44 iN �SZ y i e"N 92w N t� W H OF 5 GNOLI ■■■■■ BY: ■■■■■ ■■ ■■■URIIER & 12/11/03 GE �WH CK NEY, P.S.M. N0. 5606 ■■■■■■ muss ON muss■■■ RUNDAGE,um. SCALE: 1„ = 80' DATE: OCT 1, 200 Professional engineers, planners, & land surveyors c.m °� cent,: avite z66, 7400 Tw.tami Troll, xerth; Naples, n 94108 (941)897 -9111 DRAWN BY: JAN PROJECT NO.: 831-5 1625 Hendry �° county: rt.t. of Authorization Nos. Lin Street 5 and 10 3654 sra : (941)698 -2209 ACAD NO: 8672 —SD2 FILE NO: 8622 3 O v D: z � h m ti z °o w l rn � z p f7 -__ +0XO _ QMo 0 W LU N (n r^ WQo Q) W C) in w�' a- q ck� N O � 41 h n W V � h A b C U 41 I w41 O V Uq J1n� 0 �� Q4o a r x� In m IS 7J6'7p' W J KHST LINE OF NORTHEAST QUARTER _50.07 SECTION 21, TWP, 50 S., RGE. 26 E. EAST LINE OF NORTHWEST pUARTERJ O h m SECTION 21, TKP. 50 S„ RGE 26 E. p: I w O NI (L n LELY DEVELOPMENT M CORP. ml STRAP N 502621002.0005621 R.O.W, = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 710 —A CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION �N h �44 iN �SZ y i e"N 92w N t� W H OF 5 GNOLI ■■■■■ BY: ■■■■■ ■■ ■■■URIIER & 12/11/03 GE �WH CK NEY, P.S.M. N0. 5606 ■■■■■■ muss ON muss■■■ RUNDAGE,um. SCALE: 1„ = 80' DATE: OCT 1, 200 Professional engineers, planners, & land surveyors c.m °� cent,: avite z66, 7400 Tw.tami Troll, xerth; Naples, n 94108 (941)897 -9111 DRAWN BY: JAN PROJECT NO.: 831-5 1625 Hendry �° county: rt.t. of Authorization Nos. Lin Street 5 and 10 3654 sra : (941)698 -2209 ACAD NO: 8672 —SD2 FILE NO: 8622 um� SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY OWNHERER: : SEE SHEET 3 OF 5 assoctaTEO REAL ESTATE SM INC. SHADOWOOD VILLAS MATCHUNE REFERENCE: o.R. 1134. PGs. 936 -938 PLAT BOOK 23, STRAP NO.: 502621001.0005e21 PAGES 86 TNRU 87 TRACT "A" I ! 10' W10E LANDSCAPE EASEMENT _ _I /� FOUND J "r j' CONCRETE 20' WIDE DRAINAGE EASEMENT / MONUMENTI I! STAMPED "PRU LS 4161' P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: 802m GNOId noun iiiii ARBER & 1i18' RUNDAGE,.. Professional engineers, planners, & land surveyors Cower Count/: suits 200. 7400 remleml rr,n, North; Naples, Fr. 34100 (1?41)597-3111 Lee County: Suite 101, 1620 Hendry Street, Fort flyers, FL 330o1 (041)337 -3111 Certliloete of Authorlssnon Nos. Ls 3064 —4 E3 3004 F— (041)666 -2203 0 0 w e �w �a 0 2 J vl`{ i a m w N �W Ury r71 0 j" w z 81.50' o; n o ^ o: ii 1r m CL 3 O O 4 CO li ti 0 0 U 0 i Y 4 N Q z N SEE SHEET f OF 5 MATCHUNE w Q _ Otwl� �e ct Q�o C 1— W N U Z� 2 ti who 0 Z -j to cnn C14 m y p Q fl; 2 O p g ~ v 4 R z LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 5 DESCRIPTION: PARCEL 710 -A CLIENT: COLLIER COUNTY TWSPORTATION DIVISION BY: 12/11/03 'GEORtE W. HACKNE , P.S.M. NO. 5606 SCALE: 1 " = 80' DATE: OCT. 2. 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8672 -SD2A FILE NO: 8672 SCALE: 1 = 80 (60' PARKERS HAMMOCK ROAD I WIDE, INGRESS / EGRESS EASEMENT) I O.R. BOOK 1072, PAGE 1518 0 0 4+— 4 N tv l a 4d ^ N 00 8 tzn _ Opp pU� 2ND Q o qi to -- -- mop ^-- - - —�� I x �c I Llj U T Q 'mom I � O p "t 4 W O } C N N 1 � I z, a CRAIG AND GLORIA PERLOWIN 13 O.R. BOOK 3134, PAGE 2054 I U oSTRAP # 502616152.0005816 1 Z LOT 10 a (n I Z — 9d OO m co 1 rn 1 O Uj C) O O + '1' w v0 IN z •� 1 LrJ N --- � — - - - -- -ONE Z Ww� rL Y a o, 4 CiJ U O � n I P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: 802m GNOId noun iiiii ARBER & 1i18' RUNDAGE,.. Professional engineers, planners, & land surveyors Cower Count/: suits 200. 7400 remleml rr,n, North; Naples, Fr. 34100 (1?41)597-3111 Lee County: Suite 101, 1620 Hendry Street, Fort flyers, FL 330o1 (041)337 -3111 Certliloete of Authorlssnon Nos. Ls 3064 —4 E3 3004 F— (041)666 -2203 0 0 w e �w �a 0 2 J vl`{ i a m w N �W Ury r71 0 j" w z 81.50' o; n o ^ o: ii 1r m CL 3 O O 4 CO li ti 0 0 U 0 i Y 4 N Q z N SEE SHEET f OF 5 MATCHUNE w Q _ Otwl� �e ct Q�o C 1— W N U Z� 2 ti who 0 Z -j to cnn C14 m y p Q fl; 2 O p g ~ v 4 R z LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 5 DESCRIPTION: PARCEL 710 -A CLIENT: COLLIER COUNTY TWSPORTATION DIVISION BY: 12/11/03 'GEORtE W. HACKNE , P.S.M. NO. 5606 SCALE: 1 " = 80' DATE: OCT. 2. 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8672 -SD2A FILE NO: 8672 SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 710 -A PROPERTY OWNER: ASSOCIATED REAL ESTATE SEE SHEET 4 OF 5 sw, INC. REFERENCE: OR 1134, pcs. 936-938 MA TCHLINE STRAP NO.: 502621001.0005B21 o I I I I n --C= —=Zz::a— z N 3 W SCALE: ]" = 80' I ( v r � 3333ww $+ m z b '6'6 %n n PIorh X II N 0 0 is 1. n 0 ( I Hn22n 2 I� / �,ppp �Y�1pn totpp I ( ( I ( • � J J J � J J iii w 88.50' I� I � v ci O ° I I ( q N I oK ? . - -- n.sa N I I U O) N I l Q w t In Q in N to cc \ O WWo fo a 00 Q I I z I o `C a o voi Lj p N I o f M �Q� 4 �aL I I ( U U, N o3 M1 a h 00pv1 �O 1 x a °g �m O + I~ 3 2 W o O N I lie U IW ICI IJ ^{7p ~( ct s a I I I � O w w — — — — L - —N'- -� ` — — _ — -- _ — ,� 4-1 r r z N I� MATCHLINE P.O.C. = POINT OF COMMENCMENT SEE SHEET 2 OF 5 P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 710 -A ■■■ ■■ CLIENT: COLLIER COUNTY TR�A,AISPORTATION DISISION 'GNOM ••••• BY: ■■■■■UARBER & I■■■■■ 12/11/03 GEORGE W. I KNEY, P.S.M. NO. 5606 iiMHEURUNDAGE,... Professional engineers, planners, k land surveyors SCALE: 1„ = 80' DATE: OCT 2, 2003 C.M.r C.uat,F: se$. 200, 7400 T&Wo d Tr.a. Forth: N.F3.., n 54309 (941)697 -9111 L.. C—tr. S.R. 101, 1929 Hendry 9tr..t. Fort 1Uv., TL 93901 (941)337 -3111 DRAWN 8Y: JAN PROJECT NO.: 8315 C.rtln..t..1 Auth.rl..U.n N... la 3604 and Is 3664 F— (941)999 -2205 ACAD N0: 672 -SD2B FILE NO: 8672 EQeI SECTION 21, TOWNSHIP 50 SOUTH, RANGE COLLIER COUNTY, FLORIDA PARCEL NO. 710 —A PROPERTY OWNER: ASSOCIATEO REAL ESTATE 5W, INC. V) a y W I REFERENCE: OAR. 1134. EGS. 936 -938 to N 5 I STRAP NO.: 502621001.0005821 F- w I I 12 � 3 I --2 Z co K 1- to < �m;�o Q N Ln �t >E z I 0 U U Om� CA CL W�� m zl l�i Q Q n.cn ( O rx z U LU '0 1-- Lai ^ Q I U CL Q ZW o�W �OUq 00� U i n ism i U) ��I / -� 0 Z I I S O� W 1Y 'n was � We q i3 li O Q $ Z� O I LU F_ V) a y W N I to N 3 � y{ �z z F- w O O I 12 � � m z' --2 Z co 3Y� to �W W N V$1 � o� I 26 EAST I - -Z - -c= I SCALE: 1 " = 80' N V) a y o A 0 N I QW 3 � y{ �z I J o N 1�jm O O I 12 ,o m l ZMNo O C4 LU Z �I Z X N U) LO w �m;�o Q N Ln ow ti vi 0 U Om� CA CL W�� m zl l�i Q Q n.cn ( O rx z U LU Z�so: I � � I I I V) a y o A 0 HtiZ N QW 3 � d o: o 1 Co 3 z F 8 — — X o I W h OmOfY —° I m O g a N I m +25.00 N I a N IW w= a co 2' w ooh I �I ` OmtO (~j to ZIr jo i� �m N hW O� "EST LINE OF NOR111"EST QUARTER SECTION ?2, i)YP. SOS RCE. EAST LINE OF NORTHEAST OVAR,ER SECTION ?f, TWP. 50 S., RGE. 26 E. 3 3 3 3 W W V) tqy �Y!'1 %7w 6 Pr�-,r�inY N voanno oomr. i.o 3 � m tn22 �n2 Q rn z QO C94 + Wu O0i� 2 0 p Om� z ( O rx z Qom¢^ ,N) � � I U W m EL 4 U i n _ ��I / -� 0 Z >- " -- 3 z F 8 — — X o I W h OmOfY —° I m O g a N I m +25.00 N I a N IW w= a co 2' w ooh I �I ` OmtO (~j to ZIr jo i� �m N hW O� "EST LINE OF NOR111"EST QUARTER SECTION ?2, i)YP. SOS RCE. EAST LINE OF NORTHEAST OVAR,ER SECTION ?f, TWP. 50 S., RGE. 26 E. 3 3 3 3 W W tqy �Y!'1 %7w 6 Pr�-,r�inY N voanno oomr. i.o 3 � m tn22 �n2 rnl hon nno 'z .: n K v i 03 �o o: wP� Uo Q� 0.a n n 3 AJ J J J J J C3 O a W Q`ao ti �a W2°o p m U° W ZR 21 CL Ln a f0/1 m Q (r O Q _ Off* a K N K ,A zz� F- LQi l N z Q 0 0 a O N O W P.O.C. = POINT OF COMMENCMENT MATCHUNE P.O.B. = POINT OF BEGINNING SEE SHEET 3 OF 5 R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 4 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 710 —A ■■■ ■ CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION wMeNAGNOM RrVFS �. ■■■■■ BY: _ ■■■■■ ARBER & 12/11/03 GEO GE W. HACKNEY, .S.M, NO, 5606 ■■u■■ iiiiii13RUNDAGE,wc. Professional engineers, planners, & land surveyors SCALE: 1" = 80' DATE: OCT. 2. 2003 C.m.r C —ty; sett. 200, 7400 7 -4-1 Tr.u, N.rw; N.p1.., n 54100 (911)697 -311t DRAWN BY: JAN PROJECT N0.' 8315 I.. C.uu1.y; Butte 101, 1626 ff-dry 61r..t, port my—, n mol (911)387 -5111 C- Ua..t..f Iuth.ft -U.. N... LB 3064 —4 18 3084 per; (941)666 -2205 ACAD NO: 8672 —SD2C FILE NO: 8672 l OG SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 710 -A ALL THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED IN TWO SEPARATE PARCELS AS FOLLOWS; PARCEL 710 —A COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 21; THENCE SOUTH 3'38'30" WEST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 A DISTANCE OF 50.07 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864 — 100' R.O.W.) THENCE CONTINUING SOUTH 3'38'30" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 27.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 3' 38'30" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 10.01 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89'15'45" EAST ALONG A LINE 37.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 355.57 FEET; THENCE LEAVING SAID LINE SOUTH 0'44'15" WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 47.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A CISTANCE OF 700.00 FEET; THENCE LEAVING SAID LINE NORTH 0'44'15" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE: 37.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 801.68 FEET; THENCE LEAVING SAID LINE SOUTH 75'38'31" EAST A DISTANCE OF 46.71 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 48.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 377.92 FEET; THENCE LEAVING SAID LINE NORTH 0'44'15° EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 38.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 376.72 FEET; THENCE LEAVING SAID LINE NORTH 75'38'31" WEST A DISTANCE OF 46.71 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 1857.94 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.684 OF AN ACRE OF LAND MORE OR LESS; LEGAL DESCRIPTION AND SKETCH SHEET 5 OF 5 ITHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 710 —A ■u��■ ULI tIV I: UUL 00"n GNOLI ■amm■ - ■��■ ARBEft & 12/11/03 'Woli■��■ nURUNDAGE,mc. Professional engineers, planners, & land surveyors _ Collier County: Suite 200, 7400 Ta9nlaml Trall, North; Naples, FL 94104 (941)697 -3111 Lee County: suite till, 1420 lleadry Street, Port My—, FL 33901 (941)337 -3111 er Ctlfloate of Authed aUOa Nos. LS 3444 -4 Ell 3444 Paz: (941)440 -2203 W IN W. HACKNj Y, P.S.M. NO. 5606 SCALE:_. N.T.S. DATE: OCT, 2 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8672 —SD2C FILE NO: 8672 9 mo SECTION 21, TOWNSHIP 50 SOUTH, RANGE COLLIER COUNTY, FLORIDA PARCEL NO. 710 -8 PROPERTY OWNER: ASSOCIATED REAL ESTATE SL"! INC. ` REFERENCE: OR 1134 PGS. 936 -938 z I ws I F I STRAP NO.: 502621001.0005821 I 1 Z 1 x 3 I N1 N NZ a �� $a p wUa Wu1 o w V1 �� I LOw QOw a�m C9 w w ° Z o CL 9o� { o 0 Z 44ii F= � I V) N o I zR M n W W 3LU LU OYM 1 Ld Q 0.,C o �a �3 w 0, Z� C3 m 4 O w 1) z WAN I <0d-- O w T U rx Z J + I -N —.i VI (n L CL ~ N +65. BS 50.01' ti 3 N 6 J� Ld in orLLT x � W W vWj Ym °x�l 3 �in S fCa V1 O (L 3 3 cS K Q QOw ° a 1'mQ oUS to Q c; W d . C3 °p W x 04: � Q 1.. Q. 0 W - -- +22.73 2 8) 4 cn 'm o ! W (L V� QQ]w <� { in rol p g�� e Ua �O n o° -CAP I sN� �0 3i Zaab�N ca Q Q01'� � I� ti�l Why I�w W ~L 26 EAST SCALE: 1'" = 80' �N h) o 2 N o p cq xx N o ul atrN� �OLU ¢ a� U N O Ul n. w ZO 3 N OO � 2 N tr Z O w a 1p <1 N F C3 Naha Z � N 1, ti3�N 03 dr• W� cr Q Z O a �i w� ° c Q CL Ins -, �* -, !3 ct ct tD o c Q� °o 1 "i Oa Ww^ ♦\4� JQ� �N t(LN ( h � �A (3 c') �co Q 0 ti (n W N W z O O OL O N O W V) P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 710 -8 0080 CLIENT: COLLIER COUNTY TR, ?NSPORTATION DIVISION 0082AGNOLI �+ ■■■15■ BY: 1515■ RBER & o■ "� G_E ,l /W. �HY A G NE1, P.S.M. NO. 5606 0015 GE ii RUNDAGE,mc. Professional engineers, planners, do land surveyors SCALE: 1" = 80 DATE: OCT. 2. 2003 colu- C.—ty: Solt. 200, 7400 Tamlaml 'Trig, North; N.plee, FL 34100 (941)097 -3111 DRAWN BY:- JAN PROJECT NO.: 8315 Lee count): snit. 101, 1620 Nendq Street, Fort H7era, n 03901 (941)907 -5111 er ctifl..t. er Authorlr.tlea Me. LS 3064 end as 3684 F.r: (941)606 -2203 ACAD N0: 8672 —SD3 FILE NO: 8672 WEST LINE Of NORTHWEST !7 QUARTER —\ 22, THP, 50 S, RCE. 28 E� i3 S 04'0119 i29B.33 EAST I i LIN£ OF NORTHEAST QUARTER S£CRON 21, TWP, 50 S., RGE. 26 E �m U� Xh �>fg pir� N 3 y:n u,22w Ypp � N N N rn 03 dr• W� cr Q Z O a �i w� ° c Q CL Ins -, �* -, !3 ct ct tD o c Q� °o 1 "i Oa Ww^ ♦\4� JQ� �N t(LN ( h � �A (3 c') �co Q 0 ti (n W N W z O O OL O N O W V) P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 710 -8 0080 CLIENT: COLLIER COUNTY TR, ?NSPORTATION DIVISION 0082AGNOLI �+ ■■■15■ BY: 1515■ RBER & o■ "� G_E ,l /W. �HY A G NE1, P.S.M. NO. 5606 0015 GE ii RUNDAGE,mc. Professional engineers, planners, do land surveyors SCALE: 1" = 80 DATE: OCT. 2. 2003 colu- C.—ty: Solt. 200, 7400 Tamlaml 'Trig, North; N.plee, FL 34100 (941)097 -3111 DRAWN BY:- JAN PROJECT NO.: 8315 Lee count): snit. 101, 1620 Nendq Street, Fort H7era, n 03901 (941)907 -5111 er ctifl..t. er Authorlr.tlea Me. LS 3064 end as 3684 F.r: (941)606 -2203 ACAD N0: 8672 —SD3 FILE NO: 8672 E �e SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 710 -B ALL THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE '26 EAST, COLLIER COUNTY, FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 4'01'29" WEST ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864 - 100' R.O.W.); THENCE CONTINUE SOUTH 4'01'29" WEST ALONG; SAID EAST LINE A DISTANCE OF 27.55 FEET; THENCE LEAVING SAID EAST LINE NORTH 89'15'45" WEST ALONG A LINE 77.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY A DISTANCE OF 239.40 FEET; THENCE LEAVING SAID LINE SOUTH 0'44'15" WEST A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 0'44'15" WEST A DISTANCE OF 29.00 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 117.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 97.73 FEET; THENCE LEAVING SAID LINE NORTH 0'44'15" EAST A DISTANCE OF 29.00 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 88.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 97.73 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 2834 SQUARE FEET OF LAND MORE OR LESS; THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY ■ �■ S�� GNOLI ■��■ ARBER & iiiiii13RUNDAGE,mc. Professional engineers, planners, & land surveyors Conlar C—ty: SWW 800' 7400 Temleml Tr-U, North; Neves, TL 34100 (941)697 -9111 Lee Cou tr: suit. 101, 1686 Neadrr Street, Port Myers, rL 99901 (941)387 -8111 Certlfloete of A.thorls.tlou Nee. Ls 3684 —d s6 3664 re:: (941)cee -8903 LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 :SCRIPTION: PARCEL 710 -8 .TENT: COLLIER COUNTY TRANSPORTATION DIVISION VfSTON - -- - 12/11/0:3 BY: GE RGE W. HACKN Y, P.S.M. N0. 5606 SCALE: _ N T S DATE: _ OCT. 2 ?Q03 DRAWN BY: JAN PROJECT NO.:-8315 ACAD NO:B672 —S03 FILE NO: 8672 7 OG SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 108 ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHERLY 27.50 FEET OF THE AFOREMENTIONED NORTH 1/2 OF SECTION 21 LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND LYING EASTERLY OF THE NAPLES RETIREMENT, INC. PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 977, PAGES 404 AND 405 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 89'13'46" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 21 AND THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 1594.62 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 0'46'14° WEST A DISTANCE OF 50.00 FEET THE THE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'13'46" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 1049.24 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH 3'38'30" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 27.53 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'13'46" WEST ALONG A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL WITH THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 1038.33 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID NAPLES RETIREMENT, INC. PROPERTY; THENCE NORTH 18'20'38 "WEST ALONG SAID EASTERLY LINE A DISTANCE OF 29.10 FEET TO THE NORTHEASTERLY CORNER OF SAID PROPERTY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.659 ACRES OF LAND MORE OR LESS; ITHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ■mss■ 88" GNOU ::onn■ ■ ■t /t■ ARBER & 0000 1 iiiiii UNDAGE,.. Professional engineers, planners, & land surveyors Collier County: gotta 200, 7400 Samlaml 1Y.a, North; Naplo, FL 34108 (2U 6% -8111 ve County; suite tat. 1526 e.ndrF stre.t, Fort 1(�er., n 83.01 (641 937 -9111 C.rtlflo.t. e: Authorla.tlon N... Is seas and ss 3664 sax (041)665 -2203 LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 108 CLIENT: COLLIER COUNTY TRANSPORTATIONADIVISION BY: _ 12/11/03 GE R E W. HACKN94 P.S.M. NO. 5606 SCALE: N.T.S. DATE: SEPT. 25. 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD N0: X68 —SD1 A FILE NO: 8668 OG SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. lob SEE SHEET 2 OF 3 PROPERTY OWNER: LELY DEVELOPMENT CORP. MATCHUNE REFERENCE: Z - -� STRAP NO.: 502621002.0005B21 AREA OF TAKE: 0.659 ACRES SCALE: 1 80' . AREA OF REMAINDER: xxxx S0. FT. t I I o 1 I 0 N I 3 � I � W I o O ; cn N �. c o: W t, CC C V° a O F h H o '� N O N -�o IN 6. o Go 03 , oa a b () � W 2� N _ r cr N m27.50' CN W o I " Q GQC ° CL csMTie W I U d i, R' I U 47 � cc y y a 30 fa I JJJ g Z cs I D ZiZv w N 8W8 ( b N N �� 2 N I P.O.B. S 045' .t4' 50.00' N +88.54 c 50.00' U N rrrN � O I W IK`NI a loo��o I N�� ill wcma rah I Ge —I °d ° I z V) P.O. C. P.O.C. = POINT OF COMMENCMENT STA. 185 +02.50 P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 108 �� CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION ammo LI I��ON- ■ou�■ OMB E R & ■0:018m■ BY. 12/11/03 GEOR W. HACKNEY, S.M. N0. 5606 iiiiii RUNDAGE,etS. Professional engineers, planners, k land surveyors SCALE: 1 ° = 80' DATE: SEPT. 25. 2003 Coiner County: Suite 200. 7400 hmteml 7:011. North; L.. County: State 101, 1626 H.nbry W.A. port Neplee, n 8410e (041)567 My... n 88201 J941)997-9111 -x111 DRAWN 8Y: JAN PROJECT NO.: 8315 C.rtlfleet. of Iuthori -lion Noe. Ls 3664 end IS 9664 Fm 2411500 -2269 ACAD NO: 8668 —SD1 FILE NO: 8668 1 OG SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. toe PROPERTY OWNER: LELY DEVELOPMENT CORP. REFERENCE. STRAP NO.: 502621002.0005821 Z, _Q AREA OF TAKE: xxx SO. FT. SCALE: 1 " = 80' AREA OF REMAINDER: xxxx SQ. FT. t �2 _arc a N Q�II; ? a, < Lu¢d Qct ^f0 N En Q�OLn 2 p W^ ah I �H nl 41cpc� �� I a -1 '-K 1100 W I VOj 'Mz 0- S ml Q � O + VINB�� I� ��i1b Sk ib 1Ti 1n .- N K 1- ��`r�1 R� Y�Y I .' 0: N Q�W 50.01' 50.07' WEST LINE OF NORTHEAST pUARTEW SECTION 21, TWP. 50 S.. RGE 26 E S 03 38 30 W 5193, 23 EAST LINE OF NORTHWEST QUARTER IQ I N SECTION 21, TWp. 50 S, RGE. 26 E I 3 to N I no n Z a {NIn Q ccw bi In QWD I NC4 N �� I yjtOO O Q cc cc O QInto 347 Yc�o C1 N °.mbl I W _ W O O3 3 4 rn- � CLm p W wiz C.) C3 I lY 27.50' Z O N N z O Q N i= Q I Q O(o W 13 0 3 k U r7 ° o ° ^� I y cam, pIL Q� $ o �N + I > Q (°o O 2 N z N� W 2mr'28 ZZQ 14� I m MATCHUNE P.O.C. = POINT OF COMMENCMENT SEE SHEET 1 OF 3 P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 108 0�� CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 8808 NOLI mono■ iiiii0 TBER & 12/11/03 BY. GEO GE W. HACKN , P.S.M. NO. 5606 ■111.8 ■ iiiiii UNDAGE,.. Professional engineers, planners, k land surveyors SCALE: 1' = 80' DATE: SEPT. 25. 2003 c.u1.r c.—ir. s.te. 200, 7400 r.m1 7r.11, IXI—r x. 1.., n. 34100 (941)397 -81.11 DRAWN BY: JAN PROJECT NO.: 8315 1.. c..ntr: ore ., n. 33901 (041)387 -8111 c.ran..c..r �.ch- .- r� -.n-.d N.r, tf88'SSBSa .n t-.< (ugase -2203 ACAD N0: 8668 -SDI A FILE N0: 8668 10G - 'IV � SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST P.O.C. = POINT OF COMMENCMENT COUNTY, FLORIDA P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY PARCEL NO. eos -a. Boa —a & aoaCOLLIER I z 'n m Iol 30 2^z) 0 PROPERTY OWNER: LELY DEVELOPMENT CORP 1IL W c10: REFERENCE: O.R. xxxx PG YYYY W�ga SEE SHEET 2 OF 3 I RO6 E. E. STRAP NO.: 502621002.0005B21 gQaa MATCHUNE sD PARCEL 808 —B THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 808 —A, 808 -8 & 808 —C ■ ■ ■■■ CLIENT: COLLIER 3 / PROPOSED O.E. -1 1 (3397 S.F. 3) — BY: ■■■■■ ■■■■■ ARHER & STA. 207 +01.00 12/11/0:3 �g iiiiiiURUNDAGE,... ')' Professional engineers, planners, & land surveyors SCALE: 1" = 80' DATE:OCT, 1 2003 Collier C.=tp Suite 200, 7400 r w-9 W&H, North; Nepler, n. 84106 ( :kl)6 :7 –Sill 1.e Cr—tr. suite 101, 1626 Hendry Street, Pert my—, n 33901 (:41)597-9111 DRAWN BY: GWH PROJECT NO.: 8315 SCALE. 1 " = 80' N I S0046'14 W 7750 50046'14'WI� Js.s° I 18 0 0 39.5'0 J II O O I N 1 W N I PARCEL 808 —A 3 " STA. 205 +46.50 39.50 PROPOSED D.E. (2251 S.F. t) I o SDO'46'14 W -- SOO'46'14'WIN Ih � 4Qj 77.50 p 0 3 39.50 N a � a f Ji°v ci 39.50 IN o J w Z m cl� U u 1.o j Q q Q W Q kn ° ¢ to N ,y M o 04 3 Lu ¢ 11� � W m 27.50' Q N � co Ln N m 1 O z 111vZ��j —5D 0111 lVil o W w �Q� o Q za° 1 I °° 3 3 Vin > xQ moLq ° 6: UO 0 s o ora 1 �Q: J I 1 8 a 0 o 0 W N I w w�Wpy� " P.O.T. = POINT OF TERMINUS P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT -OF -WAY "�� I z 'n m Iol 30 2^z) 0 1IL W c10: W�ga SO�TA. K' CORNER SEN 21, Y_ 50 S.. I RO6 E. E. LEGAL DESCRIPTION AND P.O.C. gQaa +0 SKETCH SHEET 1 OF 3 sD 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 808 —A, 808 -8 & 808 —C ■ ■ ■■■ CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 33333 `GNOW — BY: ■■■■■ ■■■■■ ARHER & •0�• ■■ 12/11/0:3 G RGE W. HAC EY, P.S.M. NO. 5606 iiiiiiURUNDAGE,... Professional engineers, planners, & land surveyors SCALE: 1" = 80' DATE:OCT, 1 2003 Collier C.=tp Suite 200, 7400 r w-9 W&H, North; Nepler, n. 84106 ( :kl)6 :7 –Sill 1.e Cr—tr. suite 101, 1626 Hendry Street, Pert my—, n 33901 (:41)597-9111 DRAWN BY: GWH PROJECT NO.: 8315 C- Uh..te .1 luth.ri -tlen Nev. 1.ti 3664 —4 se 3864 F"; (:.. 1686 -2263 ACAD NO: 86672 –SD1 FILE N0: 8672 I OG SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 808 -A. 808 -8. & 808 -C PROPERTY OWNER: LELY DEVELOPMENT CORP. REFERENCE: O.R, xxxx, Pc. YYYY STRAP NO.: 502621002.0005B21 qm I 1 Q W Z( 3�N a coy i z��° zo`� co W L4 EN W �O 00 r {' ck� C14 2Nvm7 'c" -}• 4i j �n x 4 c Q c' u"77 W� O O Z WEST LINE OF NORTHEAST QUARTER SECT]ON 21, TWP_ 50 S., RCE. U �h 26 E. 'W l ° \ Z ¢ za ±73.33 pp O Do — co 50.00' cr, Z06, I Q 4 I (ice fy jQIlk c y to WO(L n ° Qccc �p o CL 11.001 OmNE'llm $ N v~I to V\' N Q�W Ln N °za GO n La Q0U r '2 O nN CL trj l 147.96 J 446. 50.0 co I 1 Q W Z( 3�N N coy i u Qo co W L4 EN W �O 00 r {' ck� C14 2Nvm7 'c" -}• 4i j �n x 4 c Q c' u"77 W� O O Z WEST LINE OF NORTHEAST QUARTER SECT]ON 21, TWP_ 50 S., RCE. U �h 26 E. 'W l ° \ Z ¢ za it) I Q 4 I (ice fy jQIlk N y to WO(L n 0 to W GO r O n m trj I W CC, (k � Y � O 12 I W N 4J Q 3 0 Z aMlk° O°o o IJ F N q 0, 14 Q 06 SCALE: 1" = 80' ,g s ^O 4 `L U Co W .� q 5� p l� H � N 3 � C� n n N� 479, n zOYy,� H 03 a w� 41 �y R MATCHUNE 0 N SEE SHEET 1 OF 3 m rL N m � O � O W° O `o IO �+ h d;4k D_ F- U) �i W W `N N zN a o '^ cl- U?7 30 N O ti V) P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCELS 808 -A, 808 -8 & 808 -C 0'0' CLIENT. COLLIER COUNTY TR D ANSPORTATION VISION .... AGNOLI i ■on.■ nouns WARDER & BY: H�� 12/11/03 EO G W. HACKNEY, P.S.M. NO. 5606 ow! IBRUNDAGEs,c. Professional engineers, planners, & land surveyors SCALE: i" = 80' DATE: OCT. 1. 2003 Cower Co=ty: Bulb 200, 740D Tamlaml Trail, North; Naplw FL 94108 (941)527 -sttl DRAWN BY: GWH PROJECT NO.: 8315 L.. County: Bulb tot, 1525 EanAry etr..t, Port Myra, I3. 29201 (941)987 -9111 _ C_1111 -b o1 4uthorlmauon No.. L6 3564 -d Is 3654 I-; (241)566 -2203 ACAO NO: 8672 -SDIA FILE N0: 8672 < N (U vl Z( 3�N ��? 21 i u Qo W L4 EN 0a 'c" [A 00h wu( 4 c Q c' u"77 W� O r�OZZ�a F WEST LINE OF NORTHEAST QUARTER SECT]ON 21, TWP_ 50 S., RCE. U �h 26 E. 'W l S 03'38'3— 0• w 5193.23 T \ 3 EAST UNE OF NORTHWEST QUARTEV R k, $ SECTION ?1, TWP. 50 S., RGE. 26 E. rL N m � O � O W° O `o IO �+ h d;4k D_ F- U) �i W W `N N zN a o '^ cl- U?7 30 N O ti V) P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCELS 808 -A, 808 -8 & 808 -C 0'0' CLIENT. COLLIER COUNTY TR D ANSPORTATION VISION .... AGNOLI i ■on.■ nouns WARDER & BY: H�� 12/11/03 EO G W. HACKNEY, P.S.M. NO. 5606 ow! IBRUNDAGEs,c. Professional engineers, planners, & land surveyors SCALE: i" = 80' DATE: OCT. 1. 2003 Cower Co=ty: Bulb 200, 740D Tamlaml Trail, North; Naplw FL 94108 (941)527 -sttl DRAWN BY: GWH PROJECT NO.: 8315 L.. County: Bulb tot, 1525 EanAry etr..t, Port Myra, I3. 29201 (941)987 -9111 _ C_1111 -b o1 4uthorlmauon No.. L6 3564 -d Is 3654 I-; (241)566 -2203 ACAO NO: 8672 -SDIA FILE N0: 8672 i OG SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCELS 808 -A, 808 -B & 808 -C ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED IN THREE SEPARATE PARCELS AS FOLLOWS; PARCEL 808 —A COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21 SAID CORNER ALSO BEING STATION 185 +02.50 OF THE CENTERLINE OF THE RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY; THENCE SOUTH 89'13'46' EAST ALONG THE NORTHERLY LINE OF SAID SECTION AND ALONG SAID CENTERLINE A DISTANCE OF 2044.00 FEET TO STATION 205 +46.50; THENCE LEAVING SAID SECTION LINE AND LEAVING SAID CENTERLINE SOUTH 0'46'14" WEST A DISTANCE OF 77.50 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF A DRAINAGE EASEMENT LYING 28.50 FEET ON EACH SIDE OF SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THENCE CONTINUE SOUTH 0'46'14" WEST A DISTANCE OF 39.50 FEET TO THE POINT OF TERMINUS; CONTAINING 2251 SQUARE FEET OF LAND MORE OR LESS; AND PARCEL 808 —B COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21 SAID CORNER ALSO BEING STATION 185 +02.50 OF THE CENTERLINE OF THE RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY; THENCE SOUTH 89'13'46' EAST ALONG THE NORTHERLY LINE OF SAID SECTION AND ALONG SAID CENTERLINE A DISTANCE OF 2198.50 FEET TO STATION 207 +01.00; THENCE LEAVING SAID SECTION LINE AND LEAVING SAID CENTERLINE SOUTH 0'46'14" WEST A DISTANCE OF 77.50 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF A DRAINAGE EASEMENT LYING 43.00 FEET ON EACH SIDE OF SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THENCE CONTINUE SOUTH 0'46'14" WEST A DISTANCE OF 39.50 FEET 1-0 THE POINT OF TERMINUS; CONTAINING 3397 SQUARE FEET OF LAND MORE OR LESS; AND PARCEL 808 —C COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 21; THENCE SOUTH 3'38'30" WEST ALONG THE EASTERLY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 50.07 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE AFORESAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE SOUTH 3'38'30" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 27.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 3'38'30" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 39.55 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'13'46" WEST A DISTANCE OF 89.00 FEET; THENCE NORTH 20'17'11" EAST A DISTANCE OF 41.91 FEET TO AN INTERSECTION WITH A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL WITH THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE SOUTH 89'13'46" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 76.98 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 3278 SQUARE FEET OF LAND MORE OR LESS; LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 808 —A, 808 —B & 808 —C �� CLIENT: COLLIER COUNTY TR SPORTATION ISION ��iiiwAGNOLI o"Uns ARBER & 8Y: .��N 12/11/03 GEO E W. HACKNEY, P.S.M. NO. 5606 iiiiii�RUNDAGE,a c. Professional engineers, planners, & land surveyors SCALE: N.T.S. DATE: OCT. 1. 2003 cower Count,: suit. zoo, 7400 Tamfamt Tra11, Worth; Naples, n 31103 (041)607 -9111 DRAWN BY: GWH PROJECT NO.: 8315 lea Couatr: Suite 101, 1323 Handy Street, Port Hyars. PL 33001 (M)337-3111 C- Ufi..te of duthorlrWon No.. L11 3884 sad ss 3364 p.:: (941)386 -2203 ACAD NO: 8672 —SDI A FILE NO: 8672 10 SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA PARCEL NO. ..1 07 PROPERTY OWNER: ASSOC)ATED REAL ESTATE SW, INC. REFERENCE: O,R, 1134, PGS. 9.36 -938 STRAP NO.: 502621001.0005821 _ AREA OF TAKE: xxx So. FT. AREA OF REMAINDER: xxxx So. FT t SCALE: 1 " = 80' w N M Z 2 J M °o C) ►_ o a. J Q N Ilk En En N Q Ltl 71NE TART L1 27.55 S 04'0129' W L2 11.00 S 00'44'15' W CURbE TAALF CUR DELTA E6Q41$ d$F CHORD CHORD BEAM C1 76'46'01' 920.00 269.2) 268.27 S 07'JJ'57` E P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: rrrr■ m�� GNOLI ■ur■ ■rrr■ ■rrr■ ARBER & ■rrrr■ sURUNDAGE,7NC. Professional engineers, planners, & land surveyors Collier count Sule 700, 7400 Temlaml 7rall, North; Nap1o, T6 a4100 (941)697 -3111 Lee Couat,7; Suite 101. 1973 Hendry Street, Fort 1[7an, p1. 33901 (941)337 -3111 Certltlo is of AutLOrlfetl0n Noe. LE 3064 and tie 3334 Tan (941)500 -9703 SEE SWEET 2 OF 3 MATCNUNE PARCEL 107 PROPOSED R.O.W. (3.899 ACRES t) LEGAL DESCRIPTION AND SKETCH_ SHEET 1 OF 3 DESCRIPTION: PARCEL 107 CLIENT: COLLIER COUNTY TR SP RTATION DIVISION BY: E RGE H CKNEY, P.S.M. NO. 5606 SCALE:_ 1" = 80' DATE: SEPT 29 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8668 -SD19 FILE NO: 8668 w �N ti v: N � 2 W ON Nb Zry O ( � o w� X},fin 2 �N° 2 N 0: ca Q N Cya 4 (/) a 1_ J O N 'L O 1= W f A O O U AN yx'1:14i ?vf z ZA LEGAL DESCRIPTION AND SKETCH_ SHEET 1 OF 3 DESCRIPTION: PARCEL 107 CLIENT: COLLIER COUNTY TR SP RTATION DIVISION BY: E RGE H CKNEY, P.S.M. NO. 5606 SCALE:_ 1" = 80' DATE: SEPT 29 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8668 -SD19 FILE NO: 8668 10r, SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY', FLORIDA PARCEL NO. j07 PROPERTY OWNER: ASSOCIATED REAL ESTATE SW. INC. REFERENCE: OR 1134. PGs 936 -938 RUNWAY AND TAXIWAY STRAP NO.: 5026 1001 0005821 EASEMENT AREA OF TAKE: _xxx s0. FT — O.R. BOOK 593, AREA OF REMAINDER: xxxx SQ. FT t PAGE 301 t� 236 +00 tMNG SOUTH AIRPARK SKYWAY DRIVE �� STRAP # 502616164.0005816 1 20' DRAINAGE EASEMENT '1 (O.R. )480, PGS. 015 -018)' � S _ 1 1 FOUND 4'x4' CONCRETE 1S - RATTLESNAKE HAMMOCK ROAD (C.R.864)D(100' R.O.W, tl SOUTH LINE OF SEC710N 16 u TIAP, 50 S., RGE. 26 E. /'SURVEY BASELINE AND SECTION LINE u S 897545 E 267771 NORTH LINE OF SECTION 21, TWP. 50 S., RCE. 26 E. I P.D.C. FOUND PK NAIL do DISK76 n�o STAMPED '3964' - - In EXIS77NO R.O.W. a - - -----¢ - _ -..L -- - - S 8975'45' E 2617,41 h I - - - FOUND 3'x3' CONCRETE - MONUMENT (TOP BROKEN) S 8975'45' E 239.40 P.O. a. L1NE TABU im LEtIft1H 8EB8IdlQ L1 2755 S 04'01'29' W L2 11.00 N 00'44'15' E L3 21.44 N 89'15'45' W h S 425889.56 SOUTHEAST CORNER NORTH LINE OF-/ SEC TION 22, N M RGE. 26 E. V c)) N 87'48'34' E Z � rc 2 u7 �rn °o Q Q O Q � O � Q 0 2 tl'Nh b � ^a Q �O In O m �O zN o 8 W W PARCEL 107 PROPOSED R.D.W. (3.899 ACRES t) MATCHUNE SEE SHEET 1 OF 3 P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT —OF —WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ■8 M- * GNOLI ■::: Memo: ARBER & NUMNSURUNDAGE,mc. Professional engineers, planners, & land surveyors Co1H.r CGu fr 2ults 200, 7400 TanximW hall, North; Naples, n 8410e (041)097 -9111 Ls Couutr: suit. 101, 1620 Hendry Stroll!, port myes , )4. 69001 (941)887 -9111 C.rl/fla.t. of luthorlratlon Nos. LE 3664 and ® 9664 Pax: (941)066 -2008 PW ZN 8N y� u �o a� h� W FUTURE DEVELOPMENT D.E. M.E. & A.E. NAPLES LAKES COUNTRY CLUB PLAT BOOK 33, PAGES 7 THRU 15 TBI/NAPLES LIMITED PARTNERSHIP STRAP N 506900 FD 15815 238 +00 FOUND 3'xJ' CONCRETE MONUMENT W/ 114'PIN� 25' RESERVED FOR RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY AOUISHION BY COUNTY STA AHEAD: 237 +66.58 SOUTH LINE STA BACK: 237 +66.56 SECTION 15, TWP. 50 S., .. _ .__...,, RGE. 25 E. N. 645951.53 S 425889.56 SOUTHEAST CORNER NORTH LINE OF-/ SEC TION 22, SECTION 16, TWP. 50 S., TWP. 50 S., RGE. 26 E. RCE. 26 E. N 87'48'34' E 4757.48 SCALE: 1" = 80' A: W i- N�p N a n M o i � � 2 J 110 N Q to N zN vj Ni CSMNO Z O � a; N ' ONit N �oi QmccqG Z 8 U N O U LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 DESCRIPTION: PARCEL 107 CLIENT: COLLIER COUNTY ANSI'ORTATION DIVISION BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE ;_ 1" = 80' DATE:SEPT. 29. 2003 DRAWN BY: JAN PROJECT NO.:_bZj_r> ACAD NO:8668 —SD19A FILE NO: 8668 100 SECTION 27, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 107 ALL THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 4'01'29" WEST ALONG THE EASTERLY LINE OF SAID SECTION 21 A DISTANCE OF 50.08 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (C.R.864) (100' - ROW); THENCE CONTINUE SOUTH 4'01'29" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 27.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 4'01'29" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 1130.11 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 15'56'57" WEST A DISTANCE OF 400.75 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 920.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'46'01" AN ARC DISTANCE OF 269.23 FEET; THENCE NORTH 0'49'04" EAST A DISTANCE OF 467.91 FEET; THENCE NORTH 89'15'45" WEST A DISTANCE OF 21.44 FEET; THENCE NORTH 0'44'15" EAST A DISTANCE OF 11.00 FEET TO AN INTERSECTION WITH A LINE 25.00 FEET SOUTHERLY OF AND PARALLEL WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE; THENCE SOUTH 89'15'45" EAST ALONG SAID LINE A DISTANCE OF 239.40 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF SAID SECTION 21 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 3.899 ACRES OF LAND MORE OR LESS; LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 107 ■•■■• CLIE 'Now iGNOLI 8888■ 8888■ ■118■ ARBER & 8150■■ iiiiii�RUNDAGE,�IC. Professional engineers, planners, & land surveyors Center Countp Su1te 200, 7400 Tamlami Troll, North: Naplaa, n 94108 (041)697 -9111 Ua County: SWta 101, 1626 H ree endry Stt, Fort YFen, n 999oi (041)927 -9111 Cartifloats of Authorization Non. Ib 3664 and 'X3 9664 Fos: (941)066 -2209 TY TRANSPORTATI BY: 'GEORGE W. HACKP SCALE: N.T.S. DRAWN BY: JAN ACAD NO:8668 —SD19A EY, P.S.M. NO. 5606 DATE: SEPT.. 29. 2003 PROJECT NO.:- 8315 FILE N0: 8668 101 " a Date: December 17, 2003 To: Barry Williams, Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An agreement between Collier County and Naples Community Hospital, Inc. for participation in the "Upper Payment Limit Program" Enclosed please find one document as referenced above , (Agenda Item #101), approved by the Board of County Commissioners on Tuesday, December 16, 2003. If you should have any questions, please contact me at 774 -8406. Thank you, Ann Jennejohn Collier County Clerk of Courts Enclosures 101 AGREEMENT THIS AGREEMENT is made and entered into thisda 1a1 " D by and between Collier County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "the County" and Naples Community Hospital, Inc. a Florida not - for - profit hospital incorporated under the laws of the State of Florida, hereinafter referred to as "the Hospital ". RECITALS: WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide health welfare programs for the residents of Collier County to the extent not inconsistent with general or special law, and WHEREAS, The establishment and maintenance of such programs are in the common interest of the people of Collier County, and WHEREAS, The County desires to contract with the Hospital to provide payments for health prevention programs, and mental health services to residents of the County, where no existing state or federal resources are available, and WHEREAS, The Hospital is willing to provide third party administrative (TPA) services for such services, subject to the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree as follows: ARTICLE I SERVICES TO BE PERFORMED The Hospital shall provide TPA services for the following services in the manner as described in Attachment A, Scope of Services: a. Immunization program provided by the Collier County Health Department. b. AIDS Prevention Program provided by the Collier County Health Department. c. Tuberculosis Program provided by the Collier County Health Department. d. Communicable Disease Program provided by the Collier County Health Department. e. Child Health Program provided by the Collier County Health Department. f. Healthy Start Prenatal Program provided by the Foundation for Women's Health. g. School Health Program provided by the Collier County Health Department. h. Adult Health Program provided by the Collier County Health Department. i. Dental Program provided by the Collier County Health Department. j. Community Mental Health Services provided by the David Lawrence Center, Inc. k. Hospital agrees to fund other health related programs and services as directed by the County. 2. The obligation of the Hospital to provide any services pursuant to this Agreement, or to pay for services provided by other parties approved by the County pursuant to this Agreement, shall be contingent upon designated funds being paid to Hospital by the state or county in advance of the obligation of the Hospital to provide any services or to pay for any services. In the event that sufficient designated funds are not on deposit with the Hospital, the Hospital shall have no obligations under this Agreement. 101 ARTICLE II PAYMENTS 1. The County shall make payments to the State of Florida under the Inter Governmental Transfer Program (IGT). ARTICLE III CLAIMS VALUATION AND CLAIMS PROCESSING 1. As the claims processing entity, the Hospital will provide quarterly financial reports to the County in such detail as reasonably requested by the County. ARTICLE IV TERMS OF AGREEMENT AND TERMINATION 1. The term of this Agreement shall be October 1, 2003 through September 30, 2004 with two annual renewals. The IGT program is authorized annually by the Florida Legislature and subsequent renewals are contingent upon Legislative continuation of the program. 2. Either party may terminate this Agreement, without cause, thirty (30) calendar days after receipt by the other party of written notice of intent to terminate. In the event of termination, the County shall pay for services rendered, prorated to the date of termination. The County shall continue to pay for any inpatient receiving services on the date of termination until the discharge of such patient. 3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to the breaching party, terminate this Agreement. Termination shall be upon no less than twenty -four (24) hours notice, in writing, delivered by certified mail, telegram or in person. Waiver by either party of a breach of any provisions of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. Prior to any notice of breach being effective, the notifying party must provide the party alleged to be in breach of this agreement five (5) business days in which to cure any alleged breach. 4. It is further agreed that in the event general funds to finance all or part of this Agreement do not become available, the obligations of each party hereunder may be terminated upon no less than twenty -four (24) hours notice in writing to the other party. Said notice shall be delivered by certified mail, telegram or in person. The County shall be the final authority as to the availability of funds and as to how any available funds will be allocated among it various service providers. ARTICLE V ASSIGNMENT The Hospital and /or its sub - contractor shall not assign or transfer this Agreement, or any interest, right or duty herein, without the prior written consent of the County, which 2 consent shall not be unreasonably withheld by the County. Without obtaining prior consent by the County, the Hospital shall be allowed to assign or transfer this Agreement, or any of the Hospital's obligations hereunder to affiliates or wholly owned subsidiaries of the Hospital. This Agreement shall run to the County and its successors. ARTICLE VI SUBCONTRACTING The parties agree that the Hospital shall be permitted to execute subcontracts for the purchase by the Hospital of such services, articles, supplies, and equipment, which is both necessary and incidental to the performance of the work, required under this Agreement. However, the Hospital expressly understands that it shall assume the primary responsibility for performing the services outlined in Article I of this Agreement. ARTICLE VII INSURANCE, SAFETY AND INDEMNIFICATION 1. Indemnity. The Hospital and/or its sub - contractor shall indemnify the County against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from the Hospital's failure to pay for services as directed by the County. The County shall indemnify the Hospital against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from or in any way connected with the performance of the County's responsibilities under this Agreement including the County's review of all invoices to insure that no violations of state or federal laws, rules or regulations occurs in payments made pursuant to this Agreement. 2. Insurance Required. The Hospital maintains insurance as described in the attached Insurance Exhibit that fully satisfies the insurance requirements of the County. ARTICLE IIIV BILLING PROCEDURES The Hospital has standard, acceptable billing procedures that Hospital will utilize in the performance of its obligations under this Agreement. County shall direct Hospital to make payments pursuant to this Agreement once County has verified the validity of invoices to be paid by Hospital. Hospital will not pay any invoices prior to approval by County. Hospital shall make payments to specific healthcare programs and services, such as the mental health programs of the David Lawrence Center that are pre- approved by the County for payment. Hospital shall use reasonable efforts to pay invoices approved by County within thirty (30) days of County approval. For the healthcare services provided by Hospital, the Hospital shall be reimbursed at the federally approved Medicare rates. The County shall be responsible for verifying invoices for such services prior to reimbursement to the Hospital. The Hospital has the right to balance bill the 3 1 Q patient for any difference between the Medicare rate and the amount the hospital is paid pursuant to the county's authorization. For providing TPA services, the Hospital shall be compensated monthly and in advance at the rate of $4750.00 (four thousand seven hundred and fifty dollars) per month. ARTICLE IX RECORDS The Hospital and /or its sub - contractor shall keep orderly and complete records of its accounts and operations related to the services provided under this Agreement for the entire term of the Agreement plus three (3) years. The Hospital and /or its sub - contractor shall keep open these records to inspection by County personnel at reasonable hours during the entire term of this Agreement. If any litigation, claim or audit is commenced prior to the expiration of the three (3) year period and extends beyond this period, the records shall be maintained by Hospital and be reasonably available until the litigation, claim, or audit has been resolved. Any person duly authorized by the County shall have reasonable access to and the right to examine any of said records during said period. ARTICLE X CIVIL RIGHTS 1. There will be no discrimination against any employee or person served on account of race, color, sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the Agreement. 2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement for breach of agreement. 3. The Hospital and /or its sub - contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served. 4. The Hospital and/or its sub - contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000c) in regard to employees or applicants for employment. 5. The Hospital and /or its sub - contractor shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served. ARTICLE XI OTHER CONDITIONS 1. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by the both parties hereto and attached to the original of this Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or regulations makes changes in the Agreement necessary. 2. This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are as though physically attached. No other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties hereto. 4 10i 3. The Hospital and /or its sub - contractor shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws, and shall comply with all fire, health and other applicable regulatory codes. 4. The Hospital and /or its sub - contractor agrees to comply with all applicable requirements and guidelines prescribed by the County for recipients of funds. 5. The Hospital and /or its sub - contractor agree to safeguard the privacy of information pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). IN WITHNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. BOARD OF COUNTY COMMISSIONERS COLLIER COU Y By: _ J. By D `Jj�:-Ga- a 00 Naples Community Hosp' I.,3-4c. By' itle: ATTEST: .- By: Date: 12- // 0/0 3 Approved legal sufficie r Assistant ounty Attorney 5 ATTACHMENT A SCOPE OF SERVICES Responsibilities of the Hospital: �1 The Hospital and/or its sub - contractor shall provide payments for health prevention programs identified in this Agreement to the Collier County Health Department. 2. The Hospital and /or its sub - contractor shall provide payments for community mental health services as identified in this Agreement to the David Lawrence Center, Inc. 3. The Hospital and/or its sub - contractor shall provide timely responses to contract requirements. Responses to inquiries from the Public Services Division, County Health Department or designee regarding any aspect of payment of services being provided shall be as indicated below. 4. The Hospital and /or its sub - contractor shall provide payments for emergency room, secondary, and tertiary care for those patients determined eligible by the County Human Services Department. 5. Secondary and tertiary services shall be provided upon the referring physician or designated physician's order. The referral order shall distinguish between a referral for specific therapeutic services and a diagnostic workup. 6. Nothing in this contract shall be construed to limit access for a patient to any service provided by the Hospital that is medically necessary and approved by the County. Collier County Responsibilities: 1. Provide Quarterly payments to the Agency for Health Care Administration -,z- a -Ua; IG: G1 F'M ;NUH AUMI N ISl RAT I ON ;239 436 5285 # 2/ 3 OArE ACORDL CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 10/03/2003 PRODUCER 877 -945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cart center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 century, Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 INSURERS AFFORDING COVERAGE Nashville, TN 372305191 INSURED xcH Healthcare Systams, Inc. INSURERA St. Paul Fire A Marine Insurance Company 24767 -001 po Box 413029 INSURERS: Steadfast Insurance Co. 26387 -001 Naples, FL 34101 INSURER C: Midwest Employers Casualt Co. 23612-000 INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR POLICIES AIN THE INE RAMC AFFORDED HATHE EEPOLICIES CED BY PAID HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH L-rR TYPE OF INSURANCE POLICYNUMBER PDOLIC EFFECTIYVfi PSA�E MM16 N D e mnw LIMITS GENERAL LIABILITY COMMERCIAL GENERALUABIUTY CLAIMS MADE OCCUR EACH OCCURRENCE S FIRE DAMAGE one lire) S MEDEXP one rson) S PERSONAL& ADV INJURY S GENERALAGGREGATE S PRODUCTS•COMPIOPAGO $ GEN'I AGGREGATE UMTAPPUESPER. POLICY J LOC A AUfOMOSILELIABILITY CZ06807231 10/1/2003 10/1/2004 COMBINED SINGLE LIMIT (EaaccidaN) $ 11000,000 X ANYAUTO ALLOWNEDAUTOS SWLYINJURY (Psrpemon) $ SCHEDULED AUTOS X HIREDAUTOS BODILYINJURY (PerecckWnt) S X NON- OWNEDAUTOS PROPERTY DAMAGE (Peracddent) S GARAGE LIABILITY ANYAUTO AUTO ONLY • EAACCIDENT S OTHER THAN EAACC AUTOONLY: AGO S S H EXCESSLIASILITY OCCUR ® CLAIMS MADE NPC280706507 10/1/2003 10/1/2004 EACHOCCURRENCE S 51000,000 AGGREGATE S 5 0 00. 000 S $ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND TM <S, O R $ E.L. EACH ACCIDENT S EMPLOYERS LIABILITY E.L. DISEASE -EA EMPLOYEE $ _ E.L. DISEASE • POLICY LIMIT 1 $ C OTHER Excess Workers Compensation 8 �• D 4 $1,000,000. Each Accident $1,000,000. Each Employee /Disease is are in Excess of $500,000. DESCRIPTION OF OPERATIONSA .00ATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROV ISIONS Professional Liability Policy # EPC280706507 10/1/2003 - 10/1/2004 Carrier: Steadfast Insurance Company /26387 -001 RSTRO DATE: 7/1/78 $15,000,000. Limit over SIR / SIR $3,000,000. Umbrella liability is excess of Hospital Professional Liability with a Self- Insured retention of $3,000,000 er claim, and General Liability with a Self- Insured retention o£ $1,000,000 per oc u 0 0 re - - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE tSSUING INSURER WILL ENDEAVOR TO MAIL _10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR er-nRO2&S(71971 Coll:e28620 Tpl:209687 Cer :3 VO 9195 RD CORPORATION 1988 ;239 436 5285 # 3/ 3 _ _ i rri U � L � w Q u >r CC C� CQ A 'b LV Ao 0A GA � � O O�y Q N ' u .s4 F, O b U = 'b 'c 0 O � o � U a A 00 v1 00 �O 01 V' g "0 M M M 01 � O N �--� O D, h O ,I: :t ' 00 c N O O O O oo O I'D 01 h O O IT 00 �O 00 O �O 01 h M o0 M l0 M d' V' N M M 00 h O M N 10 00 N N M M O� D a; V M 00 h M 00 O N N O M N le U W 69 69 69 69 69 69 69 69 64 69 b9 69 d9 U � L � w Q u >r CC C� CQ A 'b LV Ao 0A GA � � O O�y Q N ' u .s4 F, O b U = 'b 'c 0 O � o � U a A 69 69 69 69 (09 &q 69 69 69I 69 69 691 H9 .-, V) O Ln "0 01 h O �O O M 0� M I�0 D1 [� 10 M Q1 Ln Ln N W) %0 �0 I (t--- 00 [- VMl �n ONO N 69 69 69 69 69 69 69 69 691 69 I�O M O M M M O O M �o 00 O M 00 00 O 0 kn Ln W) 000 69 69 69 69 69 69 69 69 69 69 O M I0 M \0 O M 110 M 10 00 10 10 00 O) N 1.0 M M O Vl 00 N \O N N — N O O N 69 69 69 69 69 69 69 69 69 69 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O Z.0 h O O ON O O 01 N O M cV M O 69 69 69 69 69 69 69 69 691 69 .S cz cz 0 C u, u 0 A h h -4 lr� N ti tn in h 00 �o VD O [� h 00 V1 � N 6R 69 big O O O C O O O O O h M 01 69 691 69 O O O O O O O O O O O N 00 00 00 M 41 O 69 691 605 O O O O O O O O O O O N N O � M 69 69 6A N 4. a� U Q � U b q co MAPM 101 -O �W� en (r, a1 M N � O C 11Y '* 0�0 N O O h .-. It h � h �f O O oo O I'D 01 h M 00 00 �O M It d• 00 h O M �--� N 10 00 N N M M Q1 M C 4 69 69 69 69 (09 &q 69 69 69I 69 69 691 H9 .-, V) O Ln "0 01 h O �O O M 0� M I�0 D1 [� 10 M Q1 Ln Ln N W) %0 �0 I (t--- 00 [- VMl �n ONO N 69 69 69 69 69 69 69 69 691 69 I�O M O M M M O O M �o 00 O M 00 00 O 0 kn Ln W) 000 69 69 69 69 69 69 69 69 69 69 O M I0 M \0 O M 110 M 10 00 10 10 00 O) N 1.0 M M O Vl 00 N \O N N — N O O N 69 69 69 69 69 69 69 69 69 69 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O Z.0 h O O ON O O 01 N O M cV M O 69 69 69 69 69 69 69 69 691 69 .S cz cz 0 C u, u 0 A h h -4 lr� N ti tn in h 00 �o VD O [� h 00 V1 � N 6R 69 big O O O C O O O O O h M 01 69 691 69 O O O O O O O O O O O N 00 00 00 M 41 O 69 691 605 O O O O O O O O O O O N N O � M 69 69 6A N 4. a� U Q � U b q co MAPM 101 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the day of , 2003 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, Per Senate Bill 2 -A, the General Appropriations Act of FY 2003 -2004, passed by the 2003 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount up to $2,508,085. a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: 1. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education programs hospitals. 2. Increase the annual cap on outpatient services for adults from $500 to $1500. 3. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. 4. Special Medicaid payments to hospitals that provide enhanced services to low- income individuals. 2. The County will pay the State in the amount of $2,508,085. The County will transfer payments to the State in the following manner: a) The first quarterly payment of $627,022 for the months of July, August, and September is due upon receipt of the first quarter invoice. b) Each successive payment of $627,021 is due no later than the end of each quarter, December 31, 2003, March 31, 2004 and June 30, 2004. c) The State will invoice Collier County each quarter payments are due. 7 0 3. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 4. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 5. The county confirms that there are no pre - arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and/or the hospitals to re- direct any portion of the Medicaid supplemental payments in order to satisfy non - Medicaid activities. 6. This Letter of Agreement covers the period July 1, 2003 through June 30, 2004. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. County Signature Name Title State of Florida Kenneth L. Thurston, CPA Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration 10� Date: December 18, 2003 To: Barry Williams, Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Letter of Agreement Enclosed please find one document as referenced above , (Agenda Item #101), approved by the Board of County Commissioners on Tuesday, December 16, 2003. Please forward on to the appropriate parties for signature. Please return a fully executed original back to the Minutes & Records Department for the official file. If you should have any questions, please contact me at 774 -8406. Thank you, Ann Jennejohn Collier County Clerk of Courts Enclosures 10I 3 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the Ib day of , 2003 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, Per Senate Bill 2 -A, the General Appropriations Act of FY 2003 -2004, passed by the 2003 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount up to $2,508,085. a) The County and State have agreed that these fiends will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: 1. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education programs hospitals. Increase the annual cap on outpatient services for adults from 5500 to S1500. 3. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. 4. Special !Medicaid payments to hospitals that provide enhanced services to low- income individuals. 1 The County will pay the State in the amount of 52,508,085. The County will transfer payments to the State in the following manner: a) The first quarterly payment of 5627,022 for the months of July August, and September is due upon receipt of the first quarter invoice. b) Each successive payment of 5627,021 is due no later than the end of each quarter, December 31, 2003, March 31, 2004 and June 30, 2004. c) The State will invoice Collier County each quarter payments are due. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 4. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 5. The county confirms that there are no pre - arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and /or the hospitals to re- direct any portion of the Medicaid supplemental payments in order to satisfy non - Medicaid activities. 6. This Letter of Agreement covers the period July 1, 2003 through June 30, 2004. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. County Slat �re z�� —��2 Name Cha l r YY) oun, Title Appro, s t rm & legal suffi ' l Co my Attorney State of Florida L 4. 4�, K neth L. Thurston, CPA Assistant Deputy Sccrcta�y �WXlecliqaid Finance Agency for Health Care'.rdmin`i'sttatid; ATTEST:1 DWIGHT E. BROCf OLEAK Deputy Cler _., test as to Chairman's E i9ndtur a art 1..' - lipl Oj 4 Date: December 19, 2003 To: John Dunnuck, Administrator Public Services Administrator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An agreement to provide out of county transports for Naples Community Hospital Healthcare System (NCH)Facilities Please find enclosed one (1)original document as referenced above, Agenda Item #10J, as approved by the Board of County Commissioners on Tuesday, December 16, 2003. Kindly obtain the required signature(s) and return one fully executed original copy to Minutes and Records. If you should have any questions, please contact me at 732 -2646 ext.7240 Thank you, Enclosure 10i NCH HEALTHCARE SYSTEM TRANSPORTATION SERVICE AGREEMENT FOR DEDICATED AMBULANCE AND OTHER TRANSPORT SERVICES THIS AGREEMENT is made and entered into this !� day ofbelt 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as (COUNTY) and NCH HEALTHCARE SYSTEM, INC., hereinafter referred to .as "NCH ", effective D&h6�t'' ! (p , 2003, (hereinafter referred to as the "Effective Date "). RECITALS: WHEREA6, NCH desires to obtain professional health care transportation services for the transfer of patients from NCH facilities by entering into an Agreement with the COUNTY; and WHEREAS, the COUNTY desires to provide such services and has the necessary equipment, training, expertise, professional certifications and licenses to do so; and WHEREAS, the Agreement results in a benefit to the COUNTY, by reducing response times for transports and providing funding for the employment of three [3] additional EMS employees; and WHEREAS, the County is willing to provide one dedicated ambulance under the conditions as set forth herein; and NOW, THEREFORE, in consideration of the foregoing recitals, mutual covenants and promises, and provisions set forth herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: WITNESSETH: ARTICLE I RESPONSIBILITIES OF COUNTY 1.1 Provision of Services. COUNTY agrees to provide NCH with ambulance transport services pursuant to the terms and conditions set forth in this Agreement. The C& 1NTY shall provide one [1] ambulance. [hereinafter referred to as the "Dedicated Ambulance "] pursuant to this Agreement, staffed with one [1] COUNTY Certified Paramedic [hereinafter referred to as the "Dedicated Paramedic "] to exclusively service the needs of NCH as follows: I.I.I. The Dedicated Ambulance shall service the needs of the North Collier and Naples Community Hospitals [hereinafter referred to as the "NCH Facilities "] by providing patient transports Twenty Four [24] hours a day, seven [7] days a week, three hundred and sixty five [365] days a year. OJ 1.8 Billing. For all services provided by the Dedicated Ambulance, NCH shall pay the COUNTY the total sum of Two Hundred Fifty Thousand dollars [$250,618.00] during the term of this agreement. This sum will be paid in twelve [12] equal monthly payments of Twenty Thousand Eight Hundred Eighty -Four dollars and Eighty -Three cents [$20,884.83] with the first payment being due on , 2003. COUNTY shall not bill Medicare, Medicaid, third party payors, or the patient for any charges for transports provided by the Dedicated Ambulance pursuant to paragraph 1.1 above. 1.9 Out of County Transports. For out of county transports provided by the Dedicated Ambulance pursuant to paragraph 1.1 above. The COUNTY will bill the patient the rate established by Resolution per mile. After 90 days NCH will be billed at the rate of [$6.50] per mile. Should NCH have a need for a patient to be transported to an out of county facility that requires medical intervention outside the scope described under paragraph 1.1 above, NCH agrees to first attempt to utilize an ALS or BLS licensed provider from outside Collier County. In the event that NCH has to request the COUNTY to provide this type of transport, the COUNTY shall, subject to equipment, manpower, availability and its sole discretion, utilize its resources to provide NCH support and patient transport. County shall invoice NCH for all out of county transports from NCH facilities that remain uncompensated after a period of ninety (90) days. 1.10 USE OF OTHER VEHICLES OTHER THAN THE DEDICATED AMBULANCE. NCH shall pay the COUNTY for all ambulance services provided by the COUNTY to NCH for transfers from Marco Island Urgent Care Center and additional inter - facility transfers between its facilities requested by NCH using a vehicle other than the dedicated ambulance. Such services shall be outside the scope of services provided under paragraph 1.1 above. County shall invoice NCH for all out of county transports from NCH facilities that remain uncompensated after a period of ninety (90) days from the date the County sought payment from Medicare, Medicaid, third party payors, or the patient. 1.11 For all patients for which the NCH Facilities are responsible for payment, COUNTY shall invoice NCH on a monthly basis, each invoice reflecting the total amount due for the previous month's service. Invoices will also delineate the type of service provided; points of pick -up and discharge; date and time service was requested, pick -up time; distance of transport; added charges, if any; and NCH's authorization or reference number for each transport, if available. These rates shall be based upon the current COUNTY ambulance user fee - billing ordinance at time of service. 1.12 Availability of Records. COUNTY shall make any and al records related to this Agreement available for inspection and/or audit upon request by NCH. 1.13 E-quipment Records. COUNTY shall document the receipt of any NCH equipment necessary for the convenient transfer of patients, assume custody for such during the transfer, and return such to the appropriate department as soon as practicable after the transfer. 1.14 Patient Valuables. COUNTY shall document the receipt of patient valuables, assure custody for such upon receipt, and deliver such to a responsible party at the receiving facility. 3 10J 1.15 Documentation Records. COUNTY shall retain all records pertaining to this Agreement for a period of four [4] years after furnishing services as described herein. Upon request, the COUNTY shall provide to the Secretary of Health and Human Services or the Comptroller General or any of their duly authorized representatives, the Copies of the Agreement, books, documents, and records necessary to certify the nature, extent, and cost of any provided service. 1.15.1 Any provision of this Agreement performed under a sub contractual agreement valued at Ten Thousand Dollars [$10,000.00] or more over a 12 -month period shall also be retained for a period of four [4] years following receipt of services, and COUNTY shall afford the Secretary of Health and Human Services or the Comptroller General access to the sub contractual agreement, as well as to the subcontractor's books, documents and records necessary to verify the nature, extent and costs of the subcontract. 1.15 Patient s i2ight For Ambulance Service. COUNTY does not discriminate in the provision covered medical services hereunder, whether on the basis of a person's age, sex, marital status, sexual orientation, race, color, religion, ancestry, national origin, disability, handicap, health status, or other unlawful basis including, without limitation, the filing by a person of any complaint, grievance or legal action against NCH, COUNTY or a payor. ARTICLE II NCH RESPONSIBILITIES 2.1 Agreement to Meet. NCH agrees to meet with representatives of COUNTY on a regular basis, at mutually acceptable times, to review policies, procedures, and quality issues. 2.2 Timeliness of Payment. When acting in the capacity of guarantor of payment or when directly responsible, NCH shall reimburse COUNTY within thirty [30] days from date of receipt of invoice. 2.3 NCH will have at all times at least one Paramedic/EMT assigned to the Dedicated Ambulance who will meet all requirements for certification and licensure as required by Florida Law. 2.4 Exclusive Provider. NCH agrees to utilize COUI FTY as the exclusive ALS or BLS licensed provider for any medical transportation services that are to be provided between NCH Facilities requiring medical intervention when an actual representative of NCH requests these services within Collier County. 2.5 Disaster Services. In the event of a major disaster requiring the need for additional EMS transport units, NCH will allow the COUNTY, upon a request by the COUNTY to utilize the supplied Dedicated Ambulance as a resource to provide EMS departmental support and patient transportation. 2.6 NCH will provide the location for housing the Dedicated Ambulance and in the event material damage has been done to the vehicle, notify COUNTY immediately, but in no event later than three [3] hours after becoming aware of any incident. 4 10J 2.7 Insurance: NCH shall maintain at its own expense, professional liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. NCH shall maintain, at its own expense, comprehensive general liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. NCH agrees to furnish COUNTY with satisfactory evidence of such insurance upon request and name COUNTY as an additional insured on the Certificate of Insurance. NCH shall immediately advise COUNTY of any termination of such insurance or any reduction in the amount of such insurance. 2.8 NCH Paramedics and/or EMTs assigned to this unit will meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 2.9 Linen Exchange. NCH agrees to provide COUNTY linen exchange services. For all services provided, COUNTY shall pay NCH the total sum of [$ ] during the term of this agreement. This sum will be credited to NCH's account in twelve [12] equal monthly payments of [$ ] with the first payment being due on , 2003. ARTICLE III TERM AND TERMINATION 3.1 Term. The term of this Agreement shall commence on the date the COUNTY executes the Agreement and shall continue for a period of one [1] year. This Agreement may be extended for successive one [ 1 ] year terms upon the mutual assent of both NCH and COUNTY. NCH and COUNTY shall annually review the COUNTY's personnel costs, operational and the capital recovery costs associated with providing these services for adjustments within Sixty [60] days of the Agreement anniversary date. 3.2 Termination. Either party by giving the other party Thirty [30] day's advance written notice, may terminate this Agreement, without cause, at any time. ARTICLE IV OTHER PROVISIONS 4.1 Compliance with Applicable Laws Rules and Regulations. All services furnished by COUNTY and NCH shall be rendered in full compliance with all applicable Federal, State and local laws, rules, and regulations. It shall be COUNTY's sole responsibility to determine which laws, rules, and regulations apply to the services it renders under this Agreement. NCH shall be responsible for complying with all laws, rules and regulations pertaining to any service it renders under this Agreement. 4.2 Third Party Billing Information. NCH and COUNTY will use their best efforts to assist each other in obtaining patient and/or third party billing information. Each party shall cooperate with the other party in providing this information. 5 10J 4.3 COUNTY's Responsibility for Claims: COUNTY hereby agrees, and without waiver of its sovereign immunity limits, to the extent permissible, pursuant to Florida Statutes, Section-768.28 and other applicable Florida Law, indemnify and hold harmless NCH and to be responsible for the negligent acts of it's employees for damages, losses, liabilities fines, penalties, costs and expenses, [including, reasonable attorneys fees] with respect to or arising out of any demand, claim, investigation or action of any kind or nature resulting from personal injury to any person, or the damage to any property, arising or alleged to have arisen out of any of the COUNTY's negligent acts or omissions related to the performance of this Agreement. 4.4 Indemnification by NCH: NCH hereby agrees to indemnify and hold harmless, COUNTY, its Commissioners, their officers, directors, and employees for, from and against all damages, losses, liabilities [absolute and contingent], fines, penalties, costs and expenses [including, without limitation, reasonable attorneys fees, costs or expenses incurred in the investigation, defense or settlement of any claim covered by this indemnity] with respect to or arising out of any demand, claim, investigation or action of any kind or nature resulting from the personal injury to any person [including death], or the damage to any property, arising or alleged to have arisen out of any act or omission of NCH, its officers, directors, employees or agents, related to the performance of this Agreement. ARTICLE V MISCELLANEOUS PROVISIONS 5.1 Independent Contractor. It is understood and agreed that the personnel of COUNTY and NCH shall not be considered agents or employees of the other and shall not be under the supervision, management, direction or control of the other in the performance of their duties, except as identified under paragraph 1.1 above, and except as may be required by Florida Department of Health Services rules and regulations, if applicable. The employees of each party are not entitled to any of the benefits that the other party provides for its employees. 5.2 Governing Law. This Agreement shall be subject to and governed according to the laws of the State of Florida. 5.3 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. 5.4 Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, and any attempted assignment without ,3uzh consent shall be considered null and void. Notwithstanding the above, this Agti�Pment, or any or all of the services required herein, may be assigned, or subcontracted to any of COUNTY's affiliates. 5.5 Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party, reasonable attorneys' fees, costs, and expenses related to such action. n 10d 5.6 Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion[s] shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. 5.7 Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either delivered in person, by electronic transmission, deposited in the United States mail, postage pre -paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Collier County Government Center NCH Healthcare Systems 3301 E. Tamiami Trail 350 Seventh Street North Naples, Fl. 34112 Naples, Fl. 34102 Attn.: Leo Ochs, Assistant County Manager Attn.: James A. Warnken Either party with proper notice as listed above can change the notification addresses listed above. 5.8 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreement or understanding, whether oral or otherwise. No modification of this Agreement shall be valid unless in writing and signed by each of the parties hereto. 5.9 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 5.10 Reports. COUNTY agrees to provide NCH a monthly report of the services provided to NCH under the terms of this Agreement. The report shall detail at least the following information: • Date and time service was requested • Time provider arrived at the scene • Identity of the agency providing the service • Identity of specific provider representatives providing services NCH agrees to provide CC`T JNTY with a monthly report of the requests for services rn�,de to the COUNTY, including: • Date and time of request and identity of person making request. • Nature of services requested and services rendered. • Identity of persons responding to request. • Date and time of -esponse to request. 5.11 Dispute Resolution. If a dispute arises among the parties in connection with this Agreement, or any instruments delivered in connection herewith, including without limitation an alleged breach of any representation, warranty or covenant herein or therein, or a disagreement regarding the interpretation of any provision hereof or thereof [the "Dispute "], the parties agree to use the 7 following procedure in good faith prior to any party pursuing other available judicial or non - judicial remedies: a. Collier County Alternative Dispute Resolution Procedure which is attached as Exhibit «A,9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST,.-- DWIGHT F.. BROCK, CLERIC-, ►� eputy Cl'er kft •`� ��'� Approved 'as tc fgtm.and:lega Sufficiency: Jac deli Hubbard - Robinson Ass tant County Attorney BOARD OF CO TY COMMISSIONERS OF COLLIER CO Y, FL DA By. Tom Henning, Chairman NCH HEALTHCARE SYSTEM. Inc. I: James A. Warnken Approved as to form and legal Sufficiency: Burt L. Saunders, Esq. Attorney for the Naples Community Hospital EXHIBIT "A" COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES BETWEEN COLLIER COUNTY AND NCH HEALTHCARE SYSTEM, INC. [NCH1 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in contract disputes. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre -suit mediation. Arbitration is a quasi - judicial approach in which a dispute is resolved by a tier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program "], to facilitate these procedures. 2. DEFINITIONS: 2.1 Claim: A demand by a party to a contract for an equitable resolution of a legal claim for damages under the contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. 3. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding; arbitration. The parties may, by mutual consent, agree to a one - person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 3.2 A claim in excess of $250,000.00 brought pursuant to a contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non - monetary claims brought pursuant to a contract with the county must be submitted to binding arbitration. W 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and NCH. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the party's performance under the contract. 4. INITiA fiNG DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty -five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. Iff, W d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. 5.2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7- calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48 -hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 — hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. r . The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. 11 c. Unnecessary extensive examination or cross - examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and ::attorney fees. d. All arbitration shall be concluded within one -half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 12 I Oj 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7- calendar day increments. A request for a continuance must be submitted to the mediator no later than 48 -hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 — hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision - making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all Mmes be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretio*i of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 13 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally snare all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by NCH, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of contract involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either NCH or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in NCH in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall ;provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a. nature that could be construed to compromise his/her ability to impartially resolve disputer. c. No arbitrator or mediator will be employed by NCH or by any subcontractor or supplier of the project during the life of the Contract, except as a panel-member or mediator. 14 d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. Prepared and Approved as to form and legal sufficiency: Jacq line ubbard Robinson Assi nt County Attorney TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: 15 10,/ Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. MackieMispute Resolution Procedure ll MAYOR BONNIE R. MACKENZIE VICE MAYOR GARY GALLEBERG DUO b December 15, 2003 The Honorable Tom Henning, Chairman Board of Collier County Commissioners 3301 Tamiami Trail 3East 112 Naples, Florida iOK CITY COUNCIL R. JOSEPH HERMS WILLIAM R. MACILVAINE CLARK RUSSELL PENNY TAYLOR TAMELA WISEMAN Dear Chairman Henning, On December 15ro proposed which will be the - Naples• CAy`� Council b�e beach funding the p Tourist Development tax Category___- - -p Commissioners for approval on presented to the Board of Collier County December 16th, 2003 You its unanimous support The Naples CityrCo c3l�asked e toe xpre Deco mended by the County for this proposed new policy (with tie changes o beach from Naples Cay to Gordon ur Natural Resources Manager Manager last week) based on the assessment of o that, if adopted, it will allow 100% of ou Pass to remain eligible for 100% beach re nourishment and maintenance funding as a- " ligh use" beach. olio , while acknowledging the need for We understand the PrOPosed p Y nal b�eh -access, reserves 'sufficient funds beach °esll con derand additional maintenance and'we hope the Board ooCriate inter local agtee nt. y formalizing the policy through -an app- P w, reciate the Board's continued cooperation and congratulate We sincerely app the County Manager and his staff for resolving this matter in a manner acceptable to all interests. , Very truly yours, Bonnie R. MacKenzie Mayor Enclosure: Memo dated 12/10/03 from Jon Staiger, PhD. 735 EIGHTH STREET SOUTH •NAPLES, FLORIDA 34102 -6796 printed on Rycled Paper TELEPHONE 239) 21il@nap . AX (239) 213 -1010 ec C K- -i MEMORMDUM 10K Natural Resources ON THE GULF Management RECEIVED DEC 10 2003 TO: Dr. Robert E. Lee, City Manager CITY MANAGERS OFFICE ai er, Ph.D., Natural Resources Mana FROM: Jon C. St g ger, and David Lykins, Director of Community Services SUBJECT: Eligible beach length DATE: 10 December 2003 The Naples Headland, from Naples Cay south to Gordon Pass, is 8.1 miles in length. public access from street ends The Naples Beach has sufficient Public parks to consider 7.25 with parking areas, hotels, and high use, thus miles to be eligible for Category A fun eligible for full beach renourishment. The two gaps, a 0.2 -mile g section of the Park Shore beach, and of0the total headlandubeach 33rd Avenue south, total only 10. length. According to the Eligibility section of the TDC funding policy, "...if at least 80% of a beach area is classifie In eligible, otherwise ineligible gaps will be deemed eligible." our case, 89.5% of the headland b11Chei Pibleg ore� h Category A entire Naples Headland Beach is fully funding support as "high use" beach. JCS /Wordata /Coastal Advisory Committee /Naples beach eligibility memo 10 XII 03.doc RECMED r 1 ] f z7 7 /a MAYORS OFFICE Permit No. 2003-09 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: 10 WHEREAS, Naples Jaycess, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Naples Jaycess, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Naples Jaycess, has requested a waiver of the, Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO NAPLES JAYCEES, to conduct a carnival on December 31, 2003, from 5:00 PM to 11:00 PM, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A ") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this 1 �%Lh day of ,beP-em hey , 2003. .............. ATTEST�� ''••�, .. BOARD OF COUNTY COMMISSIONERS �. DWIGH`F'BOK°L' COLLIER COUNTY, FLORIDA: 6� 4 .4 TOM HENNING CHAIRMAN to CMir' �a sil a o 't 0 I.Y. Approved as toorrri and Te,gy 1 Suffi i ncy. 'Lr ilaijorie NYS dent Assistant County Attorney CARNY- 2003 -AR- 5165 /SM /C M /sp Page 1ofI f � 1 � Carny -03 -AR -5166 Naples Jaycees Carnival Naples Jaycees 10L New Year's Eve Fireworks Extravaganza Carnival Operation Petition a) Surety Bond -- We respectfully ask a waiver of the surety bond. Our agreement with Collier County for the use of the park outlines and binds the Naples Jaycees already. b) Attached is a copy of the current liability insurance coverage for Kids Fun Fair. It was faxed to Collier County Risk Management on 12 -12- 03. In addition, Risk Management has a copy of the Naples Jaycees insurance for the event. c) Attached a check for $275.00 d) Attached a copy of the Occupational License e) Following information: 1. Carnival Company: Kids Fun Fair PO BOX 546 Gibsonton, FL 33534 phone: 813 -672 -3107 Bobby Fairchild, Owner Event Sponsor: Naples Jaycees PO BOX 10416 Naples FL 34113 Phone: 239 -825 -5180 Win Turner, Past President 2. Activities will include: Swing Ride Mind Winder Fun House Inflatable Slide Inflatable Moon Bounce Inflatable T -Rex 4 Games of Skill Concession Stand Permit #0522 (cotton candy, snow cones, candy apples) Naples Jaycees will be selling: Pizza, Hot Dogs, Hamburgers, Glow Ropes, and Bottled Drinks Fireworks at 9:00 p.m. r ' IOLI 3. Names of Each Person conducting carnival activities Robert J. Fairchild 389 -74 -8280 Lauren E. Fairchild 284 -58 -5654 Kelly N. Fairchild 593 -58 -3719 Mathew R. Fairchild 594 -76 -1005 Thimas J. Fairchild 592 -08 -7098 Melvin Ray Timberlake 591 -68 -3705 Unity E. Timberlake 593 -32 -3079 Ronald L. Dykes 212 -98 -0184 Robin Anne Dykes 284 -58 -5674 Daniel Allen 266 -95 -4082 Eric Fouquet 595 -65 -1002 Desiree Fouquet 591 -70 -8876 4. See Attached Map 5. Carnival less than one day does not need a Food Establishment Operating Permit. Note: Kids Fun Fair has a Department of Agriculture permit for the food concession stand. 6. A dumpster will be located on the property to collect trash. In addition to 50 additional waste receptacles. Onsite bathrooms and 8 additional port-o -lets will be onsite during the event. 7. Met with the Collier County Sheriff's Office, the East Naples Fire Department on Monday 12 -9 -03. Both will have personnel onsite during the event. 8. The event will be open at 5:00 p.m. and close at 11:00 p.m. The carnival activities will conclude at 10:00 p.m. 9. See Attached Use Agreement 10. Sudgen Regional Park, 4284 Avalon Drive, East Naples 10L Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number D_ ate Post Date Pa ment Slip Nbr 450216 12/15/2003 2:57:51 PM 12/15/2003 AR 5165 Appl Name: NAPLES JAYCEES Appl Stage /Status: REVIEW STAGE NO. 1 /PENDING Address: PO BOX 10416 NAPLES FL 34102 Proj Name: NAPLES JAYCESS FIREWORKS EXTRAVAGANZA Type: TAZ:144 Subdiv Nbr: Project Nbr: 2003120038 Payor : TURNER Fee Information Fee Code Description GL Account I Amount I Waived 11 CIRC I FAIR & CIRCUS PERMITS 13113832634122000000 1 $275.001 1 i otai Payments 1 $275.001 Pa ment Code I Account/Check Number Amount CHECK 2004 $275.00 Memo: Total Cash Total Non -Cash Total Paid $0.00 $275.00 $275.00 Cashier /location: LEVYMIKE / 1 User: WILLOUGHBY C Collier County Board of County Commissioners Printed:12/15 /2003 2:58:24 PM CD -Plus for Windows 95 /NT 10L Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 450216 12/15/2003 2:57:51 PM 12/15/2003 AR 5165 Appl Name: NAPLES JAYCEES Appl Stage /Status: REVIEW STAGE NO. 1 /PENDING Address: PO BOX 10416 NAPLES FL 34102 Proj Name: NAPLES JAYCESS FIREWORKS EXTRAVAGANZA Type: TAZ:144 Subdiv Nbr: Project Nbr: 2003120038 Payor : TURNER Fee Information Fee Code Description GL Account Amount Waived 11 CIRC FAIR & CIRCUS PERMITS 113113832634122000000 $275.00 Total $275.00 Payments Payment Code I Account/Check Number Amouni CHECK 12004 $275 Oa Memo: Total Cash Total Non -Cash Total Paid $0.00 $275.00 $275.00 Cashier /location: LEVYMIKE / 1 User: WILLOUGHBY_C Collier County Board of County Commissioners Printed:12/15 /2003 2:58:24 PM CD -Plus for Windows 95 /NT r L otr I tiNv rmu I tl. I r ax - 741 —JJL'V 7v9 1.1 V.. 11 - d." i ve r .' ~ADDRESSING CRECICLIST e complete the following 1A submit to the Addressing Section for Review. Not all items 10L Pleas p :, ^�l avvl� to evory rmject Itcrns i bold Woe = rem. 1. Legd description of subject property or properties (copy bf lengthy description may be attached) - - i - _ . _ • %1, n. i t5 or-4 1-2 2. Folio (Property han one) of above attach to, or associate with, legal description more t 00 O 3. Street address or sscs (as applicable,ff already ass i:Y„r!1 4. Location awp, showing exact location of project/site in relation to nearest public road right - of -way (attach) c_ r:env of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 7. Proposed Street names Qr affucaDK) s. Site Development Plan Number (FOR EXZS7ING PROJECTS /SITES ONLY) SDP 9, petition Type — (Complete a separate Addressing Checklist for each Petition T,vpe) PPL (Plans &Plat Review) SDP (Site Development Plan) SDPA (SDP Amendment) PSP (Preliminary Subdivision Plat) FP SIM (SD,P Insubstantial Change) . L (Lot (Final Plat) SIP (Site Improvement Plan) LA (Lot Line Adjustment) SIPA (SIP Amendment) BL (Blasting Permit) SNP, ( Strect Name Change) ROW (Right -of -Way Permit) VegetationlExotic (Veg. Removal Permits) EXP (Excavation Permit)' Land Use Petition (Variance, Conditional Usc, VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, ctc.) Other - Desch , CA , ° 1 10. Projector development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing 11. Please Check One: LJ Checklist is to be Faxed Back _0 Personally Picked Up � � W, 12. Applicant Name �A (� 2,�- 82r — 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number ^_ Addreas Number Address Numb= Date Address Number _ Approved by NOM e Copy: zoning Dvector ' in t . P t' ' Copy. Petitioner R E C Copy: (4) County Administrator L io N W W V N W CL M Z Lo U? mod, M Q+ C t0 U h L VV I tNV F'KU I U I F aX : y41-.562 -byby Carny -03 -AR -5165 Naples Jaycees Carnival P �1 CARNIVAL OPERATION PETITION PETITION NO. CAA X -.S1 (p 5 DATE: PETITIONER'S NAME:_Nanles Jaycees TELEPHONE:_ 239- 7934719 PETITIONER'S ADDRESS: PO BOX 10416, Naples FL 34102 PETITIONERS E-MAIL ADDRESS: onfiref ies ncomcast.net FAX 239- 775 -2487 PROPERTY OWNER'S NAME: Collier County TELEPHONE 353 -0404 PROPERTY OWNER'S ADDRESS: 4284 Avalon Drive, East Naples OVMRS'S E -MAIL ADDRESS: FAX LEGAL DESCRITPION OF SUBJECT PROPERTY: GENERAL LOCATION: East N9n1eS off US 41 at Avalon Drive CURRENT ZONING: KrNATURE OF PETITION :�,P121�t11i4't THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EX pl ANATION, SEE NEXT PAGE) 3.e.1) X 3- e,4)_X 3.biX 3.e.2) X 3.e.8) X 3.d. X Comments: X-�S A HE ANA OF P TITIONER DATE REVIEWED by Board of County Commissioners: Approved: ❑ Disapproved: ❑ Conditions of Approval: SIGNATURE OF COUNTY ADMINISTRATOR FL VV LNV r-XUILI. -1 vec i� 'u,5 11 ;.et) w 1OL t :- -.1 —" - - --------- - =�W �. IN 01 `•t $ III I.! I : 4 0 LA 't FL DWI LNV F'KU I U I Fax :941- 662 -byby Uec 15 'W 11:2b F. UU _....,.. �p Output ._.. Page T of 1 r1P_G -A)0&S RiEV O LIWEI 10L http;ll arc. collierappraiser. eonliservleUcoxn. esri. esrimap .Esrinnap ?ServiceName -ccps desi... 12115/2003, ...... .. ��n+'. fiF:++ V�! i9. w4 .✓ul•ry��kLY�'.i"#Y.•y,..... :.: : W'�' �... L.c! w� W N � w ^ V � � W � O y ^M i �i y � M V � � � O 4� V � C V b�A "O t 10LQ p 4- a s E E U E a44v' O r, o Q) U Ov w o a � $ E 3 � Q x� x • *•.zoi rL Uttl tNv rKU1.t.1._,1. vec 1b 'UJ 11 ZIJ r. J( 10L EN pt"12U" BOOTH NOTIFICATION FORM -FOR TEMPORARY EVENTS 0-2=4f Event; N&pjes ALCees Fireworia ExAravalianza (PER OUR CONVERSATION WITH THE DEFARTME OF HEALTH, NO PERMIT 19 NEEDED , Name of Booth: Person in charge of Booth,. Types of Food Or Beverage to be Served: ---------- *O Florida Administrative Code, Chapter IOD-13 requires all food to co man approved scarce. 7 All food storage, preparation and utensil cleaning for this event sb not be done in private homes. Location of advanced food preparation: How will food be transported to event locatio etbod of keeping food b vd/or cold at event Method o ooking food at the location'., Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? . T.Cr For Inforir= contact: and Assistance Environmental Health & Engineering Department - (941) 403-2499 FL DEPT ENV PROTECT Fax:941- 332 -6969 Dec 15 '03 1129 F.08 Failure to comply with applicable food service rccluirements in accordance with Chapter 10D -139 Florida Administrative Code, may result in enforcement action. Do You, understand this completely? YES x No D I aert' that to the best of my knowledge and belief all of made od faith. I understand �Y and on any attachment$ are true, correct, complete, and mad 8 that these regulations include food intended to asumesres ons'�il ty public X there is a charge for the food. I agree p certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter IOD -13. Date: Signature of Applicant CARNIVAL ptTffloN AMICATION/ INDIHMAL 1100TH NOUPICA FION FORM FOR MM,PORARY BVENTS .. ,sawn" i'^ - �_..�r = � :�Yirlisl%+ ,:r .'�y� `v",,«:ii... �... r:^.rrs::�?'• .. .. � ... .__ , , .._ .... ... .. ....... 10 i 'r F L VV I LNV h KU I Ll, I Fax : J41-. 52 -b3b13 vec 15 ' US 11 gNSPA NOTIFICATION FORM FOR TEMPORARY EVENTS I Name of Event: Names 311cees Fireworks Extravasa Address of Event 428 yLjQuDjjve_(SvgdenRezion2lP ast aplys 1 Date(s) of Event:, 12/31/03 Fours of OPerstiou :,y5 -llpm Sponsor of Event:,_,_. Na ce r: PO BOX 1 Na FL 3 2 Address ofSpouso Peron in Charge of Food Service: Win Tarot Pbone•_ 5 -5180 Number of Food and Beverage Booths: 2 Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: male( ) Female ( ) Permanent: Male( ) Female ( ) Method of toilet waste disposal: Describe method of liquid kitchen waste dispos 1/ I Describe containers and method of s0li,�4aste disposal (garbage): Number of solid waste dis stainers provided: Describe facilities and the od of handwashing: Describe facilitie ad method of utensil washing, rinsing and sanitizing: Source of table water: For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403 -2499 uq ^,, : :;zrja�:.'i:•�h1'.'. �itiy `i :��„a .r.. ^eae;= ��+;'.,' >:�4;� •'.':��."., :'. .,. _ .... .......... .. ... .... ...... 10L t-L vtr I LINV rKU I tl. I C dX y41- JJL-Oyhy vec In W 11 ; JU r. lU As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health treasons. Do you understand this completely? YES X NO ❑ I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good ;faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D -13. Date: Signature of Sponsor's Agent CARNIVAL PETMON APPLICATION/ SPONSOR NOTIFICATION FORK FOR TE,NMURY EVENTS 10L Vt. LL Vv 1L X11 f VL - 10L I✓:O`L:LIER WUOV TEMPORARY USE PERMIT SPECIAL EVENT:. *THIS PERMIT SHALL-BE DISPLAYED ON SITE* TU- S'' 2.0 p *Temporary Sales _X-. *Temporary Sports, Religious, or Community Event ❑ Sign Only Temporary Seasonal Sates: OChristrnas Trees; ail f=ireworks; ❑ Pumpkins Type of Event: Business [dame: �� e � aufes Event Address: 4 Z �1iGC ��e,L A*n. I�3r-k Property ID # g-'Y-eliqw- Event Dates: This permit is effective from 07-130 ! 43 to /?- l 31 10-5 ( *Not fo exceed 14 consecutive days) '"• With the exception of Temnorary Seasona; Sales which can be permitted for a maximum of five (5) weeks * ** Property Owner: Name: ('4Ui1(f t1'i iSSfS f Address: 3 + 77� ►+Q + fi3 Phone: t3 9 - 393- 0404 Applicant: - : 'kkwdo —miih Name: NQ01f -� J-Wd Address: F. 0 • fix— 10+1('n Phone: l 4fW Gr\Cutten►\Applicauon 7arms\TEMP US1TU SE (ti32003).00c 7, 10L �. o (2) copies of a site plan, which depicts: property boundaries external roads *7` .............. ■ access points parking (improved un improved to be used by vehicles during event) 11111 building prop osed sign locations SITE INFORMATION Use: ❑ undeveloped 21 developed; type of busiriess '7,7.7 undeveloped; site Dian indicates designated parking areas (developed; site plan indicates a maximum of 10% of the parking area occupied by the special event Banner or Sign: sign or ban in conjunction with a temporarY Collier County Land Development Code Section ,2.6.33.6.2 aiI ows one temporary use permit (2 signs are allowed for properties With more banner NS ncludina balloons, k4UM SIZE 32 square feet, WIND SIG fi than I street frontage). MAXI ARE PfiOHISITE. unofficial flags; D streamers. ratatina devices an, 4 Traffic Safety: Authorization from the Collier County Sheriff's office may be required for certain events. M undeveiope": proposed access points a re shown on the site plan developed; access Points existing Health: if food is being prepared andlior sold on the site, or if sanitary facilities and /or sewage disposal is involved, you must cOntta--L the Collier County Health Department at 403-2499 to determine if an inspection is required. Noise: ❑ no music or noise proposed gl��, oise is anticipated from rZ f a Ire-, Alcoholic Beverages: �air-oholic bsve,-ages will not be sold or consumed ❑ a copy of tne pjoricla Beverage Commission permit is attached e -10L C'existing facilities will be available x4 portable facilities are shown on the site plan S6C ri GU rd: JX security will be provided ❑ security will not be provided nther Redui Ments: 7 Me .... . . . . . . ........... e of this permit, the applicant agrees to defend, hold harmless and B Y-0, i t anc C P in diM i6 Collier County and its agents from any a nd all liability which may arise as a .issuance of this applicable provisions of ul o the Jss is p�rmit and agrees to conform with ".- f, the Collier County Land Development Code. V p roperty owner or property manager of the to use the property as property, permit herein during the time period indicated. I understand that Collier County Land described ere calendar year (up to permits a total of 26 days per cale t ode Section .3.6.2 perm D&Velopmen C ive d, 4 consecutive days) for special even ts on this Property. nwnPrimana er 1 Fate Approval: annex This Permit does not constitute approvals which may also be necessary under other local, state federal regulations, including, but not iirnited to right-of-way permit, building permit, FAA, and fe Dermit FCC* fire district, & DEP. This TIJ is issued pursuant to information provided by the applicant (N , ote: . Any mechanical; rides am subject to approval from Board, of County Commissioners) TU permit fe .' $200.0 I C;ounnr Commissioners Checks payab e o. Board w COLLIER COUNTY COMMUK,,m-y D=v=l OPIVIENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive NaDie-,: F-1 34104 -402-2400 I "Yrc y i N3- a+ _ ,, wH:i• P<,•:,, tom'» ... '9�!,It+ :9::Qrii - _ : r.: '•ry�;r��itl ' ikn a?et)xlia'ic�l>..... ' ntt:'�`n'. 16,. j:Y�,','..�' �_.Fy';'�''.' -. "::. -'• •wNi }i4?rriY.r li:r. .p :r..tl* ".;7`7' 7, i1.1ii� rLile.a , ...r iMI 1 �I• , u . A � i tt.L+ .INXy illct�'ll d N t 1't I..k t r a^�1tj .... I t ll • ii.Ni:T��• •.l�Y1M. • ••• 1. .14"(11MiM!1'1a 1 I' I.i1 Jr,� Is IyY it, ;�l C1 r Sitll�)t r I IIIkI ia� li le ik {9" ryryyy Ibij�lI ld ti ru _., 1�j�r "IIasl ,iklla1,.. 1 ht wtiJd��1�4Hu} 1 >~ri'y�,'y; Jill! .lrr.«I;Str'H,(I� 1191{ii''.'` �91Co1 1'I"(�'r)yllilil.y .. 7. rkhar, )_il�li� {1111bik'�)''- I.;;•)I�u 17M �i G. � m /r P I�Ir m N eD ILA k-j I..h jL'I fA W � C MpM a � � J T � N 'O f'C O i 7C ^flan CD j� O t0 Uq .., a• 17M �i G. � m /r P I�Ir m N eD ILA k-j I..h jL'I fA W � C MpM a � � J T � N 'O f'C PERMIT NUMBER: 5" o4- O4 APPLICATION/PERMIT FOR MUSIC APPLICANT NAME: ADDRESS: PHONE NUMBER: SUBMITTAL DATE: EXPIRATION DATE: TYPE: NON - AMPLIFIED: AMPLIFIED: NON - ENCLOSED: ENCLOSED: COMMUNITY EVENT: Qo !2 U_ DEC 31, 2004 (CHECK ALL THAT APPLY) BUSINESS OR ESTABLISHMENT WHERE MUSIC WILL BE PRODUCED: NAME: La l_�: e r- (�.�.,,n �r Pic' `� / cl c/�c✓1 C-A ADDRESS: TELEPHONE: FAX: BUSINESS OWNERS NAME/PHONE: Y03- ZAJLV DESCRIPTION OF EVENT: t;:e- HOURS OF OPERATION: S (/ y" 1 -- c ; 30 HOURS OF MUSIC:, (ANY OTHER TIME IS A VIOLATION) IDENTIFICATION OF SOUND, METHOD, AND NUMBER OF LOUDSPEAKERS AND .OTHER AMPLIFYING DEVICES TO BE USED: I HEREBY CERTIFY THAT I AM THE OWNER OR AUTHORIZED AGENT OF THE ABOVE STATED BUSINESS/ESTABLISHEMENT: PRINT NAME: cx-,- -C r' SIGNATURE: DATE: f to 05 APPROVED: DENIED: AUTHORIZED ❑ AUTHORIZED BY: v_ COPY OF ORDINANCE PROVIDED TO APPLICANT: Yh§,�(NO:❑ FEE: _$40.00 10L 1211212003. 02:26 8136715417 KIDSFUN FAIR List of Equipment PAGE 02 lOL Swing Ride USAID # 4992 Mind Winder USAID # 8090 Fun Mouse USAID # 8403 Inflatable Slide Inflatable Moon Bounce Inflatable T -Rex 4 Games of skill Concession Stand Permit # 0522 (cotton candy, snow cones, candy apples, drinks) E.I.N:' 59- 3553673 Workers Names Robert J. Fairchild 389 -74 -8280 Lauren E. Fairchild 284 -58 -5654 Kelly N. Fairchild 593 -58 -3719 Mathew R. Fairchild 594 -76 -1005 Thomas J. Fairchild 592 -08 -7098 Melvin Ray Timberlake 591 -68 -3705 Unity E. Timberlake 593 -32 -3079 Ronald L. Dykes 212 -98 -0184 Robin Anne Dykes 284 -58 -5674 Daniel Allen 266 -95 -4482 Eric Fouquet 595 -65 -1002 Desiree Fouquet 594 -70 -8876 I L LLI I LI9v I ICU I LA- I 1 ❑l. • 741- JJL -V7V7 LCL 1L VJ 1L • 15 r . VV 12/lt�/2803 09:52 8136715417 R: 1Jx twq rna.+ • Kids Fun Fair IOL P.O. Box 548 Gftonton, FL 33534 813-872-3107 OfteftX iA6.At�8EE6�l�I ?Tads AgreorilI& , ordered � the (� deY of- moo bme me + , KIDe FUN FAIR 1NneMet�[ Mtlnad bi as the Pmdwor nerahrafter rdMrrad to se the $POfMOr. NATreeeet t: The Sponsor hereby comranos wish the Prodww to Present Vw appwrarroe of KIDS FUN FAR )n the dty of on wilt► tt+e eVSrrt adteduMd lot _eta 11 _. ail owMacted owiprmnt ride pUmctims. games and concession stonds.for 1. The Preduos► shop Nmah et no oast t4 th• spongy Insurantra In tf ae sum of i1,00C,000.00 Ions miliron the event. The Producer shall Pravlde Public Ltabilty end Property Damage' dollars) feted Provide, to Sponsor ■ certificate of said Insuranoa in Proof of. SPQIM OR d/AK" NO I *AA00At OtaARA I* "E FRODOCL!! TPW SPOWN SMALL PROVM at ro fist to the Produosr, a wiisbie location h7r the avoid knotlrrt as physical GWnm Producer mum new sooea to event doe one, (1) day Prior to smrtlny bme, for prepwwftn of &used. Sporlw shoo provide a water spigot trash dalmpetef and netroom faciAties Aar the Public, as doss to the event ere&. SPdr+sor shW S*Wfw any Nast tkr&ea m or permit rsprired for this ewnrL indudb+g fire or *01 eervloss, if required . t, rI n NUyU4UVA0WV that the pricb of tickets shell be one (51) dollar each and a diaoourt sheet of twsllw (12) Holdall shall W, 1br tnr ($10) dquom each. A Valtistberad for unAmkl®d rides shell sell fbr ten (SID) dollars each. AN **w sales we final end 4. Producer � �IAK prelvlds staff to set up and dismantle all Kids Fun Fair equipm+nt, operate inNted&s and/or fides WW Clash UP rstia! Irownsd by K de, Fyn. Fair 000cssslons and/or atlnwibns at" event sore a the con luabn of tfle dW. Produces aatsane eardushO rigor b town any end ail o&rnival equipmer"Nowsmactions. the (11 OpCI gi the revenue an .8parls". A,iir --a ol., Sethy'Ar w..! n:.^..ii+2 In1Rlbdratrahr It ME i2n091112C Of . event waft show clenwer In CAM OEM" D dMaion of monies are compuoed on the HET QOW& aftr' any ePPiial tastes nave been deducted fie Producer fe4dna the npht Io opersto and sea wean canofy, popoom, sno- cones, Gerdy gppwe, drt sw and funnel cakes. TM parlwa harp yr acknowledge VW this w a majw Indwernerd to the Producer bo enter talc this oontral 1. T. Producer 9M# have oonu* and dlroctwn Of aM its annicbons. Producer and Sponsor she" not be held liable' a norrpaftmunce des to Arts d God, Acts of war, strike, no% wrecks or ciroumatanoes above and beyond the contrail of Producer or Spotmor. Producer and 8poneor ahaA doWmine If rides era umase to operate due to incltrim"t woolhor or diaorderV cry A& In the case of such arlsryerrc,, I would be posstbM to me&adule the arart for 61100W agreed aPon tiny. In wlbaes$ whseW. the paftg hereto have caused this sgroetnent /o ms made ind executed by their respective ovthortasd arrft and COMM Fer live producer Telephone Print Name, Has ., 10L COLLIER COUNTY OCCUPATIONAL LICENSE TAX LICENSE NUMBER: 031771 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 403 -2477 VISIT OUR WEBSITE AT: www.colliertax.com THIS LICENSE EXPIRES SEPTEMBER 30, 2004 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION LOCATION: 4284 AVALON DR I FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED: TEMPORARY. USE - SPECIAL EVENT LEGAL. FORIVI"° . �, . BUSINESS PHONE: 825 -5180. " ', ' NAPLES JUNIOR CHAMBER OF COMMERCE, INC OZRNER, WINFORD COB IF 45 LIBERTY LANE NAPLES FL 34112 4P DATE 12/12/2003 CLASSIFICATION :NON - PROFIT ORGANIZATION = `TEMP/FIREWORKS _` AMOUNT CLASSIFICATION CODE: 03610701 N` =:F RECEIPT 5642.14 This document is an occupational license tax only. This is not certifk a nt 1' see i qua j red It does not permit the licensee to violate any existing regulatory zoningxlau+ 7 sae cou�.Y or,cities I' d nor does it exempt the licensee from any other license or permits that may be `�egitlred fi "law: _ art A r r , 1UL FILE -D 03 OCT 13 AM 10: 00 i'A1: y uf: TL TALLAHASSEE, FLORIDA 1 D'61201073 00O6 ao% 7- MIDI II JIII IIII I Ill ll�i f� hill �l{ I� IIf 11 lull l� �� HERE IF MAKING CKV4GES � �ilTendeeroe , 10.- ,., -:o- ....... -_ ..,.. OFFICERS ANDd MAUNOWSK1, DAN 51aeTromOSS 424 2215TH NW t7tY•ST•21:,'. NAPLES, FL 34120 11RE DVP awt LAND, TOM t:ImabOPM 172766TH ST.SW eltt.at -Zt MAPLES, FL 34116 root DVP:; f. w14 PYLE, JUDY SU@1ADMW 6362 TRAMMEZ ST. art•& -ZP NAPLES, FL 34113 TOLE DVW' . wrO FWWX:K TOM stmf,Amm 10M AVE N. dn•st•f! NAPLES, FL 34104 TR aali CAMPBELL, MATT st1OO1AOMM 2106 SCRUB OAK CIRCLE#= trty51.2► MAPLES, FL 34112 1= SEC tAIE : DUBUCHER, MIST satatAa gn 1727 66TH ST.SW 0"41114V NAPLES, FL 34116 t!. 1 Mreby prYy bltl M Im%wffd pn suppueo wllh I or suppememal repo" 1s of the corporation or the No* ar vusbe change. or on an &ttach w an Ro e SIGNATU RE: Q. Eiscoon Camoagn Finanoinp S5•Ij0 May Be trust FunO Contnouum, ❑ Ached to Few 1911x ft TOLE �j -{�- ❑Gorge G Va oe m A N a saw 4, FEI Number TOLE I ► Appped For wuF 55- 3412718 coy- si•E1p NoE A ppin,oy R Zq, l �"" a. CaeWy zip „+. Caurary �. �, Cerallcafe Ot Status Llea7raa ❑ $8.75 Additional O+'•s•tr, L n -ita _ _ — • , a NE1ne arts Addle or Wrrart Ua&rW �DIH1A.. 111y -sl.m t T. Name and "ram x Nwe Iatered pwd E hill” ROBINSON, ANGELA ataat "V-11 -- X I oLI a +O I 400 VALLEY STEAM DRNE ti 10 COV- SE•ZIP ' Street AVOWS (P.O. BOY Number IS Noi ACCapMt)Ip) 1; Amt NAPLES, FL 3411 �i: ❑ cwt. 1NIC f' . STE�11m� Z.`J1tL+, CS s � CDy •SI•Z+> � � Q �.� it :w pt' zpc"" . FL a The above names entity W=Is this awsrtlent 10r the purpose m envlpmp Its mplaeren ohice or repislereo &pent, or both, to Ole sons of I 1M 151, and accept ;,� 1rlemapatOrTOanpaterWegeM. MONATURE -' - al„rrrae,+rw pwrY Vr NwYrw�ly�rarir.iwMr /w M01Eti,�rr�laVMaV.�ww�rrr�wwryyl a1i � �ilTendeeroe , 10.- ,., -:o- ....... -_ ..,.. OFFICERS ANDd MAUNOWSK1, DAN 51aeTromOSS 424 2215TH NW t7tY•ST•21:,'. NAPLES, FL 34120 11RE DVP awt LAND, TOM t:ImabOPM 172766TH ST.SW eltt.at -Zt MAPLES, FL 34116 root DVP:; f. w14 PYLE, JUDY SU@1ADMW 6362 TRAMMEZ ST. art•& -ZP NAPLES, FL 34113 TOLE DVW' . wrO FWWX:K TOM stmf,Amm 10M AVE N. dn•st•f! NAPLES, FL 34104 TR aali CAMPBELL, MATT st1OO1AOMM 2106 SCRUB OAK CIRCLE#= trty51.2► MAPLES, FL 34112 1= SEC tAIE : DUBUCHER, MIST satatAa gn 1727 66TH ST.SW 0"41114V NAPLES, FL 34116 t!. 1 Mreby prYy bltl M Im%wffd pn suppueo wllh I or suppememal repo" 1s of the corporation or the No* ar vusbe change. or on an &ttach w an Ro e SIGNATU RE: Q. Eiscoon Camoagn Finanoinp S5•Ij0 May Be trust FunO Contnouum, ❑ Ached to Few 1911x ft TOLE �j -{�- ❑Gorge G Va oe m A . cloy -st•2M f ) 47� ear TOLE I ► ❑ wuF coy- si•E1p Owen TOLE I �t; ❑ Dww 11414 r= u i n �,&DbEa�1 I �•; ^� �. � W. n �t't O+'•s•tr, L n LPfaet iota I ,I`"! MAIE ❑tkarye �DIH1A.. 111y -sl.m t TOLE ; h�Y, i.� }t KQC ataat "V-11 -- X I oLI a +O I COV- SE•ZIP 1; Amt IDLE I {, ' ! CL.. ❑ cwt. 1NIC f' . STE�11m� Z.`J1tL+, CS CDy •SI•Z+> � � Q �.� it 8 mom I - DII& *no a0ea 1101 a d m rOr QM 1 awro &h all ne lo 5e ffo / latlaa SlaWfeE,. 11UfQxr CeN1y QIa117fe lnio"naaan sue also accurate and tnat TON tYpnslu/e shNl nave tae xerne &spat eMn S3 D mace unoer oam; that I am an cmiw or curocw I eo ID eseCLM Lnis reoort as rebwasa Dy Cnmwr OI7, FloMa& SMI MS; Inc that my name appears lo Block 10 or block 110 wan V I Omer ake emowrereC.. .n ED MAW; aao.ea 0Fa EN OR DRECTOL Oi,c i _ .... _ ' 03 11 : 24 P.02 FL -DEPT ENV PROTECT Fax:941- 332 -6969 Dec 15 _ { •�°`,'�' ADDRESSING CHECKLIST Please complete the following submit to the Addressing Section for Review. Not all itet ' 1 a ] to eve ro ct. Items i of art re 1. Legal description of subject property or properties (copy of lengthy description may be attached) _ _ _ .. • �/. nA16 v=-/ i a — PI-1, c C l Z�- a 2. Folio (Property LJ))'nU0pe1rt51 vi uvvr` 'kµ.. »�r..�, - - -- more than one) VV 3. Street address or addresses (as applicanie�ifi IA already I Mn 6 4. Location map, s wmg exact location of projectlsite in relation to nearest public road right - of -way (attach) 5. Copy of surveY (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed Street names (l app+xopK; 10L 8. Site Development Plan Number (FOR EXISTING PROJECT VSITES ONLY) SDP - _ 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) ❑ PPL (Plans & Plat Review) SDP (Site Development Plan) ❑ Subdivision Plat SDPA (SDP Amendment) PSP (Preliminary ) SDPI (SDP Insubstantial Change) .. ❑ FP (Final Plat) LLA (Lot Line Adjustment) SIP (Site Improvement Plan) BL (Blasting Permit) SIPA (SIP Amendment) ROW (Right -of -Way Permit) SNR (Street Name Change) vegetation/Exotic (Veg. Removal Permits) EXP (Excavation Permit) Land Use Petition (Variance, Conditional Use, VRSFP (Veg. Removal &Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) Other - Describe: in, condominium 10. project or development names proposed for, or already appearing documents (if applicable; indicate whether proposed or existing) 11. Please Cheep One: Checklist is to be Faxed Back P personally Pic i �OFu 2 '�' rte' 12. Applicant Name P -73�?�- 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY primary Number' o Zoo Address Number_. Address Number ) ate /z. - / � - 0 3 Address Number _ Approved by .Lz a� Copy: Zoning Director NOTE: e r re er a - Copy. petitioner R ^ �' etin t i Peti ' Copy: (4) County Admiinistrator .., .�i:.�yfl(N. .tn•:ys :'•�'j 2�n ai:r"'ii '.F!C'r. a . _. .._._...»..._. ..� ........ �a 'c M U N d GJ v d a Z co L9 M a M A c es U 10M DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15,2004 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Ronald M. Pennington The Madrid Club, #2F 3430 Gulf Shore Blvd. N Naples, FL 34103 -3647 Dear Mr. Pennington: 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 December 17, 2003 The dedicated efforts of upstanding citizens such as you are invaluable to the Board of County Commissioners, which relies heavily on the contributions of citizens volunteering their time and expertise to assist in accomplishing the Board's purpose. I want to personally thank you for your past service, and ask you to please consider returning to service by rejoining the Coastal Advisory Committee. Your efforts to help preserve, protect and enhance our beaches through service on the Coastal Advisory Committee would be of great benefit to the citizens of Collier County. Respec lly, Tom Henning, Chairma Collier County Board o Commissioners �IUC�X/X,2 Q� �QG��GLP /x IQG�!ei�2'�/Ly IQGiY�G�fi`GG<S 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 December 17, 2003 Frank Halas District 2 Tom Henning tff District 3 Fred Coyle District 4 Jim Coletta District 5 John A. Arceri 1228 Lamplighter Court Marco Island, FL 34145 Dear Mr. Arceri: The dedicated efforts of upstanding citizens such as you are invaluable to the Board of County Commissioners, which relies heavily on the contributions of citizens volunteering their time and expertise to assist in accomplishing the Board's purpose. I want to personally thank you for your past service, and ask you to please consider returning to service by rejoining the Coastal Advisory Committee. Your efforts to help preserve, protect and enhance our beaches through service on the Coastal Advisory Committee would be of great benefit to the citizens of Collier County. Respect ly, Tom Henning, Chairman Collier County Board of Commissioners RESOLUTION NO. 2003- 4 31 A A RESOLUTION OF THE BOARD OF COUNTY 16A1 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: OLGA HIRSHHORN & THOMAS G SCHESSLER LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" COST: $415.00 REFERENCE #: 2351 FOLIO #: 00738160005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, F1Qrioa, this[ day ofl,rKe 2003. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E;. BItOCK, 4�ler±<C COLLIER COUNT , FLOR A 3 .C.. BY: Deputy CIer _ :. At —=-- S Chd i r x" - S Tom Henning, Chairman signature only. Approved as to form and Legal sufficiency: Thomas C. almer, Assistan t County Attorney F: LIEN/ MSTR RESOLUTION RECORDED 60 P2 OR; 3480 PG; 1605 RECORDS 01/08/2004 at 10:42ANDWI COUNTY, FL DWIGHT B. BROCK, CLERK RBC FIB 28.50 Retn: COPIES 6.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 _ aft: 2421778 OR: 2502 M' 3186 too"" "On 1W tk mum now of MUM W H Wif ON taw 1. NMI tip8 tll — ftMel I.D. No. 00738160005 Quff CLMM D "Wn THIS Quf r CLAM DM made this 16 LLow �. �rhh power o0 oonv�, as �� min William D. Kramer, j�pp� aolarrxed . 14 and W" known as H bt S fair bq and GG • dually, ;� Ex6 0 `B" and refted to as selCM °ff" ufdress is 600 Admiralm in common each with ui and =' and Olga party, h' parade. Naples. FL 34102, hereinafter � �+ second said f svhereaf p�tq� iteration of the sum of $ 10.00, in herb dmn the laikTdi2MQwm8 ll does bereby remise, and partydbW in t, two, interost, claim anal o(`pillar, State of witspiece or paroei of land. asMal descry = is by mews and bounds within Section 12, if full My d0 'ed In >irn�bit 'A" algehed W16 � hp Y smade a South. 26 8 proPertY of William p jam Y and is not hones Or TO IUIVL AND Tp Of 00 100ond party. or hr �'p M�nY "ether � all and sirSuisur � aPP"� thereunto r In �� woo, right. title bmenM lion, aNitY. b die proper use. 6enietit anted f i� w'wwn. °.ti "'1�"N.�r.Mn.wr «..w N, •�!� w MrM..M,N „Nw,��+nr an nw., �N•�w.rw..r n,yr" �r �wrwr...a Y flna •the said tint Party ho signed and sealed thw Rants the day and WHISSIL STATE OP FLORIDA) COUNTY OF COLUNQ +tfote "ON" that on this day, before me, an offnoer Y afarank so take ' authorized in the state �8+ lnally me tint ' +a Z- ioe:ne ,fit trustee and joined htdrvi��, m me the faregWm instrument and wb as We Per *s) descxibad in and is 1 +kdged asatc before me. my hand and official .0 in January. W state tblk6 day of (SL) �) EA m esa. a� Expirdt: 7aa v — one �1. ....,, 44- life Ito. 3284. PnPWW by Widim D. NVks, Plorida 341 %. "+ RA., 1838 4o 71ar�ae SW RECORDia:'S �' 941 348.02y2 Of writing M! MU: Levil)i(ity A I I printin I � �[rsa *is�actory in t)iis c! �t when received. °Current O 00 0 lr IT wqr 1• AL WPSCR}pTj(M . " OR: 2502 PG: 3187 16A1 41. 1PIRSCR f rrION : Rtrg at the SoutAsast 4orner of Section 12. -Township h'• .Ranger 26 "ft, Cola iear County. Florida. thence S po ' 010N 333126 feet to 'a point in the North 'Right -of -uay. e *f NOW hl t thane N 51#0 36 , 0 0 W .i 672.10- feet along 8r g Nth *0 t«of -way 1lose of nl8haay 41 to L# concrete monumernt '} 4 Y #hie' W" Agie of beg Amin of the o i parcel here ih described = r. VA0,rfoe a0"Iavin N E 31+ 36. 00 "' N along the. North Right-of-way of 1119)V ey 41 to a point in the Last Right-of -way of Joae h hltne a dints Rear or 'S()2.80 feats thence H'00 4 p. 3 E along the `Wow oi' JosePhLane a distance of 456.85 feet f thence 8 50 36' 8 a distance of 163 5 4 feet; thence,$ 890 Sb' •30" 1; a 444. .0 of 43.24 feet= . thence 5 540 36 E a distance of ` .583..0.5 f6ats. 'Thence 3 00 13' 30 ". W a distance of 489-3b 9 3b feet to the true :`pace of 14eg3nning of the parcel herein described. Ut'�5:3� �:CtOt�� lt'. t� +iti c {v�LlRlen� T`•J when received. 0 w 00 0 a� 0 V OR; 3480 PG; 1608 BOARD OF COUNTY COMMISSIONERS 16AI THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN OLGA HIRSHHORN & THOMAS G SCHESSLER 600 Admiralty Parade Naples, Fl. 341027803 DATE: I a —( (p — a300:� REF. INV.# 2351 FOLIO #00738160005 LIEN NUMBER: LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations g on June 6, 2003, and ordered the abatement of a certain nuisance existing on the above ro e p P rtY prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR N ON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Two Hundred Fifteen (215.00) Dollars plus an administrative cost Two Hundred ($200.00) dollars for a total of FOUR HUNDRED FIFTEEN of (415.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY F: LIENS/ MSTR LNAL • •�: 2421778 OR: 2502 PG: 3186 . mum / MW ttloo M Ts tM 4MCUL saw of MM =M, n 'Ion"" 11/151!! K N:NN ltiW 3. RM, am VC 1!A 21.61 WW n Him 6W IOC -.11 t� • I Partxi T.D. No. 00738160005 y� ' QUIT CLAIM DEED THIS QUIT CLAIM DEED made this 6 day of January, 1999, between William D. Kramer, ae Trustee, with power ro convey as pmv ad under that certain trust agreement known as H 8t S T.and PPMW, xmentiam D. omas . WMMUM, that the said fuu party, for and in o msideration of the sum of $ 10.00. in hand paid by the said wooed ,the release and qau -shim arnoo the said second party sorever.ystl ryQhed does hereby remise, demand =said peaty has in and to the fat lot, tiths, intarnst, claim and MUM, lying and being In the Couaty of Collier, S q o �� wk piece or peace! of land, LA*W description is by me= and bounds within Section 12, TovwaMiipp S 1 South, Range 26 Fas4 as mesa fully described in Exhibit "A" attM*od bereft and hereby part hereof as if fully rewritten herein. This is commercial property and Is not homestead a property or adjacent to homestead property of William D. !Cramer. TO HAVE or In a=n AND TO HOLD the same Together with all and singular the appurtenances thereunto said of the second �Itiaittg and all the queue, right, tide. Interest. tics, txµuity and party, ether in law or equity, W the proper me. benefit and btthoof Pfu'U'• Whoem MM/WMftftwo*%MhIM WW1WIwW"W60600" "woof" Wft %to Mwawftem go "wpm *t*WVW,y,ww ow swwriw N �wlp, N awNrwww aU M�W M a*" al MwM •.Mrs F"*W IM glfNNtEO/. the said tint Party has signed and sealed time presents the day and Yaw &W above wrltgw. STATE OF FLORIDA) COUNTY OF COLLIER) MM I MUM =KM that on this day, before me, an officer duly authorized in the state aforesaid and In the county aforesaid to take adcnowkxkmrauts, p-xaonaliy the first William D. Kmaer, as trustee and joined individually. W ace. identified by his Florida s License W K656924 -31- 409.0 as the person(s) descxt'bod In and who executed before me due foregoing Instrument and who acknowledged same before me. WITNESS my hand and official seal inpavemy and state oresaW this (O day of January, 1999. S(Sign) (SHAT') J ! •� i� t / (Print) Commission Expires: aaiestiMcr 'wa"raarnrt� "q•vn,alsc Re#: Pile No. 3284. Pn:paoed by Wiliim D. Kroner, P.A., 183810th Te+raoe SW Napl a, Pbd& 34116. Telephone 941 348.0272 RECORDER'S MFMO: Legibility !i of writing, typ' u1 �- rn� or printin4 '�1� �� t unsatisfactory in this document when received. Q tom: rL� 00 d F--2 a� 0 Py MM I MUM =KM that on this day, before me, an officer duly authorized in the state aforesaid and In the county aforesaid to take adcnowkxkmrauts, p-xaonaliy the first William D. Kmaer, as trustee and joined individually. W ace. identified by his Florida s License W K656924 -31- 409.0 as the person(s) descxt'bod In and who executed before me due foregoing Instrument and who acknowledged same before me. WITNESS my hand and official seal inpavemy and state oresaW this (O day of January, 1999. S(Sign) (SHAT') J ! •� i� t / (Print) Commission Expires: aaiestiMcr 'wa"raarnrt� "q•vn,alsc Re#: Pile No. 3284. Pn:paoed by Wiliim D. Kroner, P.A., 183810th Te+raoe SW Napl a, Pbd& 34116. Telephone 941 348.0272 RECORDER'S MFMO: Legibility !i of writing, typ' u1 �- rn� or printin4 '�1� �� t unsatisfactory in this document when received. Q tom: rL� 00 d F--2 a� 0 OA: 2502 PG: 3187 16AI £ac USIT 'w/1,a i -910AL DeSCRIpT1oN LOW S 4 U flBS:CRIPTION: gng at the Southitaat Lorner of Section 12. -Township ak�th. Range 26 Cast, Collier County. Florida. thence S 61) ' 0" 3sw$6 feet to a point in the North'Right -of -way, s `° of RiOe�''y 41 thence N 40 • U. 3b d0 .. a •16'2.10• feet along �h� Nth . 4 Aht_of -war line of }lighw&y 41 to a. concrete monument 'off 14ar�e of beginning of the parcel hereiH described j hence 00 tt.inuing N 340 36' 00" W along the, North Right -of -way Rine of Highway 41 to a point in the East Right-of -way of Jose h IAne a distgnee of 802,80 feet, thence N.00 P. along the East Night -of-way Of JosophLane a distance of 456.85 feet r thence 30 36' E a distance of 163.,54 feet; thencerS 890 56' •30" E a 41" Ante of 4;3.P.; feet= thence S 340 36' E a distance of 583.0.5 f @ti. Thence 3 00 13' 30 W a distance of 489.36 feet to the true 11e0e of beginning of the parcel herein described. RECORDER'S MVM0: Legibility of writing, typing, or printing unsatisfactory in this document when received, 0 w 00 0 RESOLUTION NO. 2003- 4 3 2 , A RESOLUTION OF THE BOARD OF COUNT, 6 A 1 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Aurora Bros LEGAL DESCRIPTION: Lot 17, Block 13, Naples Manor Addition, according to the plat thereof, as recorded in Plat Book 3, pages 67 & 68, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2383 FOLIO #: 62102040003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolutio d duly adopted by the Board of County Commissioners of Collier County, Florida, thi4(g _gassed day of _, 2003. ATTEST: DWIGq'P E. BROCK, q�erk BY •G lice uty t a 'to Chairun's App roved ,asi0PO SIP 1 y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORID 0 BY: Tom Henning, Chairman ) a—i c0 —a003 Legal sufficiency: �D - PA) Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3326073 OR; 3480 PG; 1611 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/08/2004 at 10:42AK DWIGHT B. BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 * ** OR; 3480 PG; 1612 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A1 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Aurora Bros 2425 Landerro Cleveland, Ohio 44124 0000 DATE: a, _1 REF. INV.# 2383 FOLIO # 62102040003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 17, Block 13, Naples Manor Addition, according to the plat thereof, as recorded in Plat Book 3, pages 67 & 68, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 14, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003--4-3-3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE 16AI ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct abatement of certain nuisances, including prescribed administrative cost incurred be assessed against such property; and costs of d by the County, shall WHEREAS, reported to the Board the cost thereof to the County as to each parcel shall be calcul ated and of County Commissioners, together with a description of said Parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the Property against which made until paid; and g WHEREAS, the assessment shall become due and payable no later than twenty days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate Of twelve (20) percent t (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the ro ert having been abated of a public nuisance after due and proper notice thereof ONY Property, is hereby assessed the following costs of such abatement, p y described as follows, ereof to the Owner(s) of said ement to wit: NAME: Buitrago, Alvaro & Veronica LEGAL DESCRIPTION: Lot 3 Block 93, Unit 3, according to the Plat th ereof as recorded in Plat Book 5, at Page 97 through 105, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2335 FO—� #: #35992520003 The Clerk shall (by regular mail) mail a co of Assessment of Lien to the owners) of the above - described property. py of this Resolution along with the Notice the date of mailing that copy, the owner fails to deliver If within twenty (20) days of Resolution and Notice of Assessment shall be recorded in the official record payment in full to Collier County, the by recording shall constitute a lien against the above- described real r s of Collier Count allowed by law, shall also be a lien upon all other real and /or personal ro y' and Property owner(s) in Collier County. property, and to the extent p perty owned by the noted This Resolutionssed and duly adopted by the Board of County Comm' Collier County, Florida, thion D day o 003. Comm, of ATTEST: DWIGHT E. B p BOARD OF COUNTY COMMISSIONERS clerk COLLIER COUNTY, FLORIDA BY. 1.Dq`p4Ty.`Clr,rk BY: f o _ Ch$ irma's Tom Rennin g, airman Approved �s•�o forxr'a t9urt only. I _1 Legal suffidieqcy; • . 3326074 OR; 3480 PG; 16 3 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Thomas 01/08/2004 at 10:42AN DWIGHT B. BROCK, CLERK almer, Assistant County Attorney RIC FEE 10.50 Retn: COPIES 2.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7140 F: LIEN/ MSTR RESOLUTION OR: 3480 PG; 1614 q` 1 &A1 to BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Buitrago, Alvaro Veronica Silvia Buitrago 10033 SW 164te PL Miami, Fl. 33196 -0000 DATE: REF. INV.# 2335 FOLIO #35992520003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3 Block 93, Unit 3, according to the Plat thereof as recorded in Plat Book 5, at Page 97 through 105, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 8, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 3 4 16A1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Buitrago, Alvaro & Veronica LEGAL DESCRIPTION: Lot 14, Block 93, GOLDEN GATE, Unit 3, according to the Plat thereof as recorded in Plat Book 5, at Page 100, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2360 FOLIO #: #35992960003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution �ssed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ( n day ofoA. ,_;6 t03. C' G r -$w BOARD OF COUNTY COMMISSIONERS DW C 'T E: BROCY� C1,er COLLIER COUNT , FLORI A BY: -w C . BY: -- ��--� Depxtty .Cerk St as Gha i rWatt's Tom Henning, Chairman tf.I! only. Approved as to 'form and Legal sufficiency: Thomas Palmer, NAs, County Attorney F: LIEN/ MSTR RESOLUTION I a --1 Ca"-a&03 3326075 OR; 3480 PG; 1615 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/08/2004 at 10 :42AK DWIGHT B, BROCK, CLERK RBC FBI 10.50 Retn: COPIES 2.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BKT 7240 * ** OR: 3480 PG: 1616 * ** BOARD OF COUNTY COMMISSIONERS 16A1 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Buitrago, Alvaro Veronica Silvia Buitrago 10033 SW 164t' PL Miami, Fl. 33196 -0000 REF. INV.# 2360 FOLIO # 35992960003 DATE: (a _ l �_ a603 LIEN NUMBER: LEGAL DESCRIPTION: Lot 14, Block 93, GOLDEN GATE, Unit 3, according to the Plat thereof as recorded in Plat Book 5, at Page 100, of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 28, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 3 5 A RESOLUTION OF THE BOARD OF COUNTY 16A1 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Milbert, Cletus H & Anita F. LEGAL DESCRIPTION: Lot 22 Block 165, Unit 5, Golden Gate, according to the Plat thereof recorded in Plat Book 5, Page 118, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2348 FOLIO #: 36239720002 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution _passed and duly adopted by the Board of County Commissioners of Collier County, Florida, thiA(0 day ofCrjjdTLbCC, 2003. DWIdHT B: BR�QK, Clerk ,BY: D4q mp* -Chat APproued as toefQrin amid Legal s6 iciency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, LORID �.G . BY: Tom Henning, Chairman a, - ► (o -03 Thomas . Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3326076 OR: 3480 PG: 1617 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/08/2004 at 10:42AK DWIGHT B, BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 * ** OR; 3480 PG; 1618 * ** BOARD OF COUNTY COMMISSIONERS 6A1 THROUGH ITS CODE ENFORCEMENT DEPARTME COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Milbert, Cletus H & Anita F 790 Bennett Rd South Daytona, Fl. 32019 -0000 DATE ( a — I (_a, ad 03 REF. INV.# 2348 FOLIO #36239720002 LIEN NUMBER: LEGAL DESCRIPTION_ Lot 22 Block 165, Unit 5, Golden Gate, according to the Plat thereof recorded in Plat Book 5, Page 118, of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 14, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 3 6 A RESOLUTION OF THE BOARD OF COUNTY 16A1 COMMISSIONERS PROVID ING FOR TH ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OFO PUBLIC ANC INo 99E51 ACCORDANCE WITH R AS AMENDED as provided in Ordinance No. 99 -51, as amended, d by the direct cos shall WHEREAS, p rescribed administrative cost m abatement of certain nuisances, including P be assessed against such property; arcel shall be calculated and the WHEREAS, the cost thereof to together ywith a description of said parcel; and reported to the Board of County Commis g on the WHEREAS, such assessment shal l be a legal, valid and bindin g obligation up property against which made until paid; and a able no later than twenty (20) WHEREAS, the assessment shall become due and pay the Legal Notice of Assessment and interest shelleaccrue on the unpaid balance days ni the date of g beginning on the date this Resolution is recorded at the rate of twel p RESOLVED BY THE BOARD OF COUNTY BE IT NOW, THEREFORE, FLORIDA, that the property described as follows, Sa d COMMISSIONERS OF COLLIER COUNTY, proper notice thereof to the owner(s) having been abated of a public nuisance after due and p ro p property, is hereby assessed the following costs of such abatement, to wit: NAME: Wesley C. Cook PTION: Lot 10, Block 29, NAPLES PARK SUBDIVISION, rds Unit 3, of CollieroCounty, LEGAL DESCRI 5 of the Public the Plat thereof as recorded in Plat Book 3, at Page . , Florida REFERENCE #: 2352 FOLIO U #: # 62636920000 COST: $255.00 with the Notice regular mail) mail a copy of this Resolution along days of The Clerk shall (by ent of Lien to the owner(s) of the above - described property. in full w within Collier (County, the of Assessm the owner fails to deliver payment the date of mailing that copy, records ro ert ,and to the extent by recording shall constitute a lien against and Notice of Assessment shall be recorded in the official p oy, and County, te Resolution property the noted the above e b law, shall also be a lien upon all other real and /or personal owned by allowed y property owner(s) in Collier County. Resolution ssed d duly adopted by the Board of County Commissioners of This , 2003. Collier County, Florida, this � ) ay o BOARD OF COUNTY COMMISSIONERS ATTEST: Clerk COLLIER COUNTY FLORIDA BY- ap BY: Tom ",,ning_ ,man Deputy Cle_ ash a Chair s 1 _t (�' a 003 .cMMature only. 3480 PG. 1619 3326071 OR. apps, Le RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FI O1I0812004 at 10.- 42 DWIGHT B. BROCK, CLERK 10.! REC FBE COPIES Thomas C. Palmer, Assistant County Attorney 2° F: LIEN/ MSTR RESOLUTION Retn: CLERK TO THE BOARD INTEROFFICE 47H FLOOR 11T 1240 *** OR. 3480 PG; 1620 *fl BOARD OF COUNTY CO THROUGH ITS CODE ENFORCEMMISSIONERS COLLIER COUNTY, FLORIDA T DEPARTMEN16AJ LEGAL NOTICE OF ASSESSMENT OF LIEN WESLEY C. COOK 218 Broadway Pt Pleasant Beach, N.J. 87420 DATE: 1.) 'l (o REF. IIVV.# 2352 FOLIO # 62636920000 LEGAL DESCRIPTION: LIEN NUMBER: the Plat thereof as recorded Lot 10l Block Book 3, NAPLES PARK Florida SUBDIVISION, Unit 3 at Page 5, of the Public Records of Collier county, to �', You, as the owner(s) of the property above -desc ' maintained b ribed, as recorded in the records y the office of the Property Appraiser, are hereby Director, did determine a advised that the Code Enforcement public nuisance existed and constituted a violation of July 14, 2003, and ordered the abatement of ace county regulations on rtain nuisance existing on the above Prohibited by Ordinance No. 99 -51 and served a notice Property Of violation upon you, PROHIBITED ACCUMULATION The nuisance is: PROTECTED OVERGROWTH IN EXCESS OFDS9 GRASS, OR OTHER SIMILAR EIGHTEEN (18) INCHES IN NON - You failed to abate such nuisance; HEIGHT. whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00 Hundred ) Dollars Plus an administrative cost of Two ($200.00) dollars for a total of TWO HUNDRED ($255.00). AND FIFTY FIVE DOLLARS Such cost, by Resolution of the Board of Count Florida, shall become a lien on your property Y Commissioners of Collier County, when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPE MAY RESULT IN A LIEN AGAINST ALL OF y GIFTED IN THIS NOTICE ---- ._..__ OUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 3 7 _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE 16AI ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Stonestreet, William M. LEGAL DESCRIPTION: Lot 7 Block C, Riverwood, Unit 1, in accordance with and subject to the plat recorded in Plat Book 8, Page 53, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2364 FOLIO #: 69810840006 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this U ay oQCC9 m 03 ATTEST D WIQ1<I. gROCK, Cler ' BY: Dbpty.Cl'er .L to Chalr an-s S 9natuct only. Approved as to form and Legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNT FLORID BY: Tom Henning, Chairman Thomas C. Palmer, ssistant County Attorney F: LIEN/ MSTR RESOLUTION RECORDED 3326078 OR: 3480 PG; 1621 RECORDS COUNTY, FL 01/08/2004 at 10:42ANDWIGHT B. BROCK, CLERK RBC FEE 10.50 Retn: COPIES 2.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 * ** OR; 3480 PG-. 1622 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA 16A1 LEGAL NOTICE OF ASSESSMENT OF LIEN Stonestreet, William M. 28 Lakeshore Dr. Hudson, Ma. 17493 -0208 DATE REF. INV.# 2364 FOLIO # 69810840006 LIEN NUMBER: LEGAL DESCRIPTION i Lot 7 Block C, Riverwood, Unit 1, in accordance with and subject to the plat recorded in Plat Book 8, Page 53, of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 10, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 3 8 40 A RESOLUTION OF THE BOARD OF COUNTY 16AJ COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED Of WHEREAS, as provided in Ordinance N cost incurred by the the1Countys shall abatement of certain nuisances, including prescribed administrative be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment ate of twelve percent (l2 %) per annumalance beginning on the date this Resolution Is recorded at the NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the property described as follows, having been abated of a public nuisance after due and is hereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, NAME: TSALACH INVESTMENTS LLC LEGAL DESCRIPTION: Lot 19, Block 191, GOLDEN GATE UNIT of Col 6, er County, Florida Plat thereof as recorded in Plat Book 5, at Page 124, of the COST: $255.00 REFERENCEt 2338 FOLIO #: 36308280004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice 20) days of of Assessment of Lien to the owner(s) of the above-described payment r pery. if full w tt n tweet (County, the the date of mailing that copy, the owner falls to d Resolution and Notice of Assessment shall be recorded I official real property, and ier to thetext nt by recording shall constitute a lien against the above-described allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this� day of 03. ATT ATT—tST- BOARD OF COUNTY COMMISSIONERS E.. BROC1C, Clerk COLLIER COUN , FLORI A � BY: V B'Y ` Tom Henning, Chairman Diu u C eirnan's C� -aO03 sign 'e M11. Approved as to form and 3326079 OR: 3480 PG: 1623 Legal sufficiency: RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL '') � v� 01/08/2004 at 10:42AN DWIGHT B. BROCK, CLERK RIC FEE 10.50 Thomas C. Palmer, Assistant County Attorney COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 1240 F: LIEN/ MSTR RESOLUTION * ** OR; 3480 PG; 1624 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN TSALACH INVESTMENTS LLC 8005 T" Ave. S. Naples, Fl. 34102 -6629 16A1 DATE: - -1(-0<x3 REF. INV.# 2338 FOLIO #36308280004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 191, GOLDEN GATE UNIT 6, according to the Plat thereof as recorded in Plat Book 5, at Page 124, of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 8, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION N0.2003 -4 3 9 A RESOLUTION OF THE BOARD OF COUNTY 16A1 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BARON, MIMON LEGAL DESCRIPTION:: Lot 6, LELY COUNTRY CLUB, MUIRFIELD, according to the Plat thereof as recorded in Plat Book 14, at Page 75, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2354 FOLIO #: 55200240000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution�}} ssed and duly adopted by the Board of County Commissioners of Collier County, Florida, thiAV� ay of)+P_CQ ' 003. ATTEST: - DWIGIIT EC Clerk BY: . C I?eputy Clerk t to Cha i rear ,�;,.� na±6re only. Approve�,'as. to'form arid. Legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORID BY: 5 Tom Henning, Chairman 1 a -1 4Q -a4>03 Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3326080 OR: 3480 PG: 1625 RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/08/2004 at 10:42AN DWIGHT B. BROCK, CLERK RBC FBI 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 7240 OR: 3480 PG 1626 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BARON, MIMON 2375 Tamiami Trl N. STE 300 Naples, Fl. 34103 -4439 REF. INV.# 2354 FOLIO #55200240000 16A1 ,, DATE: I a —1 & , 0_1663 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, LELY COUNTRY CLUB, MUIRFIELD, according to the Plat thereof as recorded in Plat Book 14, at Page 75, of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 4 0 A RESOLUTION OF THE BOARD OF COUNTY 16A1 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated public nuisances after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatements, to wit: NAME: Lora, Bulfrano LEGAL DESCRIPTION: Lot 1, 2 and 3, Block 12, NAPLES MANOR EXTENTION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 102, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2407 FOLIO #: 62207280001 COST: $255.00 REFERENCE #: 2410 FOLIO #: 62207280001 COST: $255.00 REFERENCE #: 2411 FOLIO #: 62207280001 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolutio4KY, d duly adopted by the Board of County Commissioners of Collier County, Florida, this of�111�°Y9 2003. ATTEST: DWIGHT E. BRQC,Y,., Clerk BY: w� • iC D� r Jig natw'I oft , s Approvt;a ;; to'forT �anJ Legal s4fibieiiqy: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORID 0 BY: Tom Henning, Chairman I 3 --1 Co_aM3 i.. EO Thomas C. Palm( County Attorney F: LIEN/ MSTR RESOLUTION 3326081 OR: 3480 PG: 1627 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/06/2004 at 10:42AN DWIGHT B. BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK-TO-THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 OR; 3480 PG; 1628 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A1 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lora, Bulfrano 5213 Carlton St Naples, Fl. 34113 DATE: REF. INV.# 2407 FOLIO # 62207280001 LIEN NUMBER: REF. INV.# 2410 FOLIO # 62207280001 LIEN NUMBER: REF. INV.# 2411 FOLIO # 62207280001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, 2 and 3, Block 12, NAPLES MANOR EXTENTION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 102 of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine public nuisances existed and constituted a violation of county regulations on August 15, 2003, and ordered the abatement of certain nuisances existing on the above property prohibited by Ordinance No. 99 -51 and served notices of violation upon you. The nuisances are: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisances; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00) for each nuisance, for a total of SEVEN HUNDRED AND SIXTY FIVE DOLLARS ($765.00) ($255.00 X 3 abatements). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become liens on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNTS SPECIFIED IN THIS NOTICE MAY RESULT IN LIENS AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 41 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE 16A1 ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Condon, Kelly LEGAL DESCRIPTION: Lot 8 Block E, MYRTLE COVE ACRES, per Plat recorded in Plat Book 3, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2413 FOLIO #: 60783600000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution p4§sed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 1� ay of bkr, 2003. t ATTES i' DWIGIJ- "E...BROCK, 01&k Deoaty, Cke 'Y!1' to' inw*s Approved W_1,_l Y Legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNT FLORI BY: Tom Henning, Chairman 12 - (Co —aDD3 Thomas . Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3326082 OR: 3480 PG; 1629 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/08/2004 at 10:42AN DWIGHT B. BROCK, CLERK RBC FBB 10.50 COPIES 2,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 * ** OR: 3480 PG: 1630 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16AJ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Condon, Kelly 312 Southwind Ct. #102 N. Palm Beach, Fl. 33408 -5304 REF.INV.# 2413 FOLIO: 060783600000 DATE: 13 _1 t)3 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8 Block E, MYRTLE COVE ACRES, per Plat recorded in Plat Book 3, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 15, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 4 2 A RESOLUTION OF THE BOARD OF COUNTY 16A1 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CNC INVESTMENTS LLC LEGAL DESCRIPTION: Lot 16, Block 140, OF golden gate unit 4, according to the plat or map thereof, as recorded in Plat Book 5, at page 107 — 116 inclusive, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2404 FOLIO #: 36126560003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolutionay ed and duly adopted by the Board of County Commissioners of Collier County, Florida, this o1j d�0�03. ATTEST: DWIGHT E: Depil v,Qlei�4: test ;av, 0 thsI run 's Approve �S'IIi► Legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORI A �, ys • BY: U Tom Henning, Chairman 1 a - i Le —<-�-0o3 Thomas C. Palmer, ssistant County Attorney F: LIEN/ MSTR RESOLUTION 3326083 OR: 3480 PG: 1631 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/08/2004 at 10:42AN DWIGHT B. BROCK, CLERK REC FBI 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 * ** OR; 3480 PG; 1632 i** BOARD OF CO 16AJ COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CNC INVESTMENTS LLC 9141 Quarter Moon Dr. Naples, Fl. 34109 -0000 DATE: REF. INV.# 2404 FOLIO: 36126560003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 140, OF golden gate unit 4, according to the plat or map thereof, as recorded in Plat Book 5, at page 107 — 116 inclusive, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 15, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003 -4 4 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDNG FOR THE THE COST OF ASSESSMENT OF LIEN THE ABATEMENT OF UBL C NUISANCE, N 16A1 ACCORDANCE WITH ORDNANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Shelton, Randolph A. LEGAL DESCRIPTION: Lot 9 Block 29, Golden Gate Unit 2, in accordance with and subject to the plat recorded in Plat book 5, Pages 65 through 77, inclusive, Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2454 FOLIO #: 35753000005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution p sed d duly adopted by the Board of County Commissioners of Collier County, Florida, this J(Q y o Eft- fVh6e6-, 2003. ATTEST DWIGHT BROCI,`e `e s S tgriu �� Approved'a§ �Q, 7form -ands_' `' Legal sufficiency: ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA BY: Tom enning, 4Tn a n Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 1 a -� to —O OO 3 3326084 OR; 3480 PG; 1633 RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 01/08/2004 at 10:42AK DWIGHT B. BROCK, CLERK RBC FEB 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 7240 16g1 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Ramos, Luis C & Maryorie E. 485 20" Ave NW Naples, Fl. 34120 DATE: REF. INV.# 2400 FOLIO # 36312000005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 195, Golden Gate, Unit 6, according to the Plat thereof, of Record in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida You as the owner(s) of the property above- described, as recorded in the records ' raiser, are hereby advised that the Code Enforcement maintained by the office of the Property App Director, did determine a public nuisance existed and constituted a violation of county regulations on Di of a certain nuisance existing on the above property September 16, 2003, and ordered the abatement prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, O1R8 ITCHES IN SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN You failed to abate such nuisance; whereupon, it was abated by the expenditure of blic funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two pu red $200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS Hund ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 4 4 -1-641 A RESOLUTION OF THE BOARD OF COUN l Y COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Ramos, Luis C. & Maryorie E. LEGAL DESCRIPTION: Lot 3, Block 195, Golden Gate, Unit 6, according to the Plat thereof, of Record in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2400 FOLIO #: 36312000005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, thisf CiNay of M_,3?003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNT , FLORI A DeWy°Gl Tom Henning, Chairman Attest - N&. Ch A t o � 1.� -aL b0 3 Legal suf� iericy: Thomas C. Palmer, ssistant County Attorney F: LIEN/ MSTR RESOLUTION �< zd'J4032343 CODE ENFORCEMENT PAGE 02 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE .ENFORCEMENT DEpARTMlENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RAMON Lub C & Maryorie E. 445 21t Ave NW Naples, FL 34120 6ATE: xEF. iRV.# 24vo- � FOLIO # 3631100%ft UEN LEGAL: DES NLFMgEg; Record in Plat g . Lot 3; Block I Golden Gate, Ul 6, ace oak 5, Pages 124 through 134, of the P ordi�to the t , ther - f ublic Records of Colliea� Co P You, as the own �1'> Florida owner(s) of the property abov Maintained by the office of the P �� as Ceiurclod_ in_ the__s Y APpra�sor, are hereby advised that the Code Enforcement Director, did"determine a public nuisance r�i�� . September 16, 2003, and ordered the abatement Of a o certain nuisance existing on the above property Aw. 3f, P-40IE MTE W AEC *uwauve isc PROTECTED OVERGROWTH �� >ES R EIGHTEEN & &W OW INCHES S1 i1C, NgN� YOU failed to_ abate_ such_nui ES IN HEIGHT. �' it_ Waa _ by fie- e,E pdblie funds at a direet cost- �.t' F+!L u' y , ±�vt �5 -ag? neHars plus � - Flundrcd (5200.00) dollars for a total of Odtninrsh�ft 'cost, of T� TWO HUNDRED AND IqM FIVE DOLLARS ($ZSSOD� Such cost, by Resolution of the Board of County Florid a, shall my Commissioners of Collier County, a lies oa y _pr �y neck .. FAILURE TO Y pAy SAM MAY RESULT IN A LIEN AGAINST Tw"IaT" ALL,b?r YOUR PROPERTY IN CO .► *rn �, 0� P: LIEW MSrR LNAL 16,47 °•�� Z394032343 CODE ENFORCEMEt4T PAGE 03 RESOLUTIONNO.20M 44--4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVID ]VCr FOR THE ASSESSMEW- OF' LIEN FOR THE COST HE THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE W1TH ORDINANCE No, 995 AS AMENDED abatement of ceertaEin h:A� as Provided in sauces, including Ordma� No. 99 -51, as amended, the direct costa of be assessed`ageinst such -pasty g prescribed administrative cost incuuted by the County, shall WHEREAS, the cost thereof to the Courtly as to cacti reported to the Board of County Commissioners, Loge �, s a parcel shag be calculated and_ WHEREAS, such as Pt�aofsaidparo' . and >�Perty against which made until Paid:>� shall be a legal, valid and bindin X obligation upon the WHEREAS, the assessment shall days of the date of -the galNotiac of Assessment interest and payable no later than twenty begii� on the date this Resolution is record shall accnte on the_anpa (20) recorded at the rate of twelve balan,y NOW - Percent (12 %) per annum. COMMISSIONERS OF�CpOjBR'CBE IT" RESOLVEI) HY THE gpA� having been abated-of a Public nuisance after d andlDA, that the propert d OE P °pony, is hereby assessed the Proper notice Pro thereof o bed as fool following costs of such abatement, to wit: �� of s14 Mum- Reuss, Luis C. & Maryorie ) LEGAL i .Lot 3, Block Record to Plat Book S, Pagcs 124 throw 134, of tub public Records o � �� o� SST: �SS.Op Collier County, Florida $EFEttFlv�. 240M of As The Clerk .shall. (by ro6uar l mail sessment of Lieu to ) mail t-c"PY- of this - &elution . the date of mailing that cc �On11 with the Resolution copy, the owner fails to deliver a Irwithin twftty (2CT& and Notice of Assessmegt_� P. yment in iirl! to Coilter County* the 11 recording shall constitute alien against the aaboo "oII�� -Of Collier - Cwt},, allowedby law, shall also be a lien u Ascribed ProPertY owner(s) in Collier County. Pon all other real an&or person l� ProPertY, and to the oxt7 PIOPMIY owned by than" This Resolution passed and duly jollier dopted by the Board of County Commissioners of llier County, Florida, thisf i't►�ay of --003 A':'IV,ST: DWIGNT1r. gRpC�� Clerk �� e2- . BOARD OF-COUNTY Co COLLIER COUN iSSt FL 11NE14 ORI A Y: Tom -� 4a- �lj. -ad03 F. u6w JWM "SotuTm 16g1 01/08/2004 10:52 2394032343 CODE ENFORCEMENT PAGE 01 1641 4fcaa! Receo# - ier County Hurd of Cow ComM .io, e , CDPK1103 - Offtctat F%coo RAMOS, LUIS & MARYORIE 2340 HUNTER BLVD Payor : RAMOS Rw WdOFI11118160M Payments I Payment In full for case 2003t280W Collier County-sear" County.CornRgSskMwS_ CO-Rus for Windows 95/NT Total Cash 0 Total Non -Cash x155.00 Total Pall 5155.60 CaSNGOIosa .' GARRETT S / t User. POWERS J Print0d*IM2 "9:52:15 AM OR; 3480 PG; 1634 f BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMEN1 b A 1 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Shelton, Randolph A 2338 Immokalee Rd. Naples, F134110 -1445 REF. INV.# 2454 FOLIO # 35753000005 DATE: 10 `G _ LIEN NUMBER: LEGAL DESCRIPTION: Lot 9 Block 29, Unit 2, Golden Gate, in accordance with and subject to the Plat recorded in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 29, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003-4 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN 16AI ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and Y WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said Property, is hereby assessed the following costs of such abatement, to wit: NAME: Barbara L. Galloway LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" COST: $' 4 0 0.0 0 REFERENCE #: 2421 FOB #: 01131800000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, Resolution and Notice of Assessment shall be recorded in the official records of Collier Count, and Y� by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted Property owner(s) in Collier County. This Resolutio ssed and duly adopted by the Board of County Commissioners of Collier County, Florida, thi�� day of DCt nl ,,- 3 ATTEST;,,;[, DWI B BOARD OF COUNTY COMMISSIONERS BY -dept tY L , BY: AU i t0 --d i t" nm ' S Tom Henning, Chairman ApprO, eci`"L'si jo-�s and � Legal suffiCiefty. Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 26085 OR; 3480 PG; 1635 RECORDED RECORDS 01/08/2004 dt 10:42ANDWIGHT H. COUNTY, FL BROCK, CLERK RBC FEB 28,50 Retn: COPIES 6.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SftIW vow "a do nU*a V@M,4br and ft commouggs sf the mn qf$ 10. 00 ---------- Isim arm - qjh"4 Sawk 6* and bebw in tu c4mody qf Collier stop 4V lorldd .1040L- sm "A* ATnCM 8=220 AM MW A PART KMUIW. 1194-INF-If 10 easements, restrictions and reservations of record and twwx for the year 1992 and all subsequent years. -9190ARATM CW MW GMT - 10 4WINVOR lWOMM. "OON fie Okk *k Sk bdwwt. Iksk @PW and dd* whet ww4Vdwsaid "A #a 46W sea* 0*"-* of OW O*Pqw an &"IOU and ~(foe said wood wmfirmr. "PIP -I% SM."p—to, has s6wdand smW Ampranu *oft and ywfim 57, P.C. s 104 I"MTW VMWMWAd*M MVMbM A owe k. GALLOWAY soar Copeland, FL 33929 fm inn"a ralga" L. G&LUMAY 700 C4 Avenue Naples, FL 33964 armor FLORIDA IbwdwCaMbd"wdded ODLWMGF COLLM 60SAWkkkV4WUMdIWh& PATRICK R. GALLOWAY and BARBARA L. GALIGNAT, hush - - a - - - me►* eer 14th er AWALLIMMTRATOR NAASSB 48 "�VCORDW ES MCPMTION 7/18/93 of -writ,` r V Wjj,!n .1 r,-, C - CjV(!6 Po" . owl 6 A 1 ..... r ; : �� .... .... ... A►.1 Stapp Tex Class *C' PWUN!, propert -jI*r$M1 IDVIGIff E. CLEW( OF CIRCUIT M-.;.' P.C. It WOM VXA 14thdgy 'January 93 qr A.D. 19 by It, QNWAWAY and BARBARA L. WJJMAY, husband and wife, SARERM L. GALLOWAY,,.& married woman, **W OW 4&6 ad+'drws is 700 C4 Avenue, Naples, FL 33964 SftIW vow "a do nU*a V@M,4br and ft commouggs sf the mn qf$ 10. 00 ---------- Isim arm - qjh"4 Sawk 6* and bebw in tu c4mody qf Collier stop 4V lorldd .1040L- sm "A* ATnCM 8=220 AM MW A PART KMUIW. 1194-INF-If 10 easements, restrictions and reservations of record and twwx for the year 1992 and all subsequent years. -9190ARATM CW MW GMT - 10 4WINVOR lWOMM. "OON fie Okk *k Sk bdwwt. Iksk @PW and dd* whet ww4Vdwsaid "A #a 46W sea* 0*"-* of OW O*Pqw an &"IOU and ~(foe said wood wmfirmr. "PIP -I% SM."p—to, has s6wdand smW Ampranu *oft and ywfim 57, P.C. s 104 I"MTW VMWMWAd*M MVMbM A owe k. GALLOWAY soar Copeland, FL 33929 fm inn"a ralga" L. G&LUMAY 700 C4 Avenue Naples, FL 33964 armor FLORIDA IbwdwCaMbd"wdded ODLWMGF COLLM 60SAWkkkV4WUMdIWh& PATRICK R. GALLOWAY and BARBARA L. GALIGNAT, hush - - a - - - me►* eer 14th er AWALLIMMTRATOR NAASSB 48 "�VCORDW ES MCPMTION 7/18/93 of -writ,` r V Wjj,!n .1 r,-, C - CjV(!6 Po" fier �t 8 -1137 ae co 142 of the 'n` .> r tr, slot cli, ` +et 37.00 feq Z+4• MitrSt 547.95 fi ' 36• Wept 311.0 feet _ - ; tbenaetNtth 1 d 3 140.8 feet; tbescs North 88 d 6AJ . * #I t . 13p.0 feet; tbeace 1t ctb 88 deeq s 1�4et 120.0 feet; tbaasae !tort# 1 d LtASt X0.0 feet; thence "Uth 88 ogres 24 0 "t 130.0 feet to the degc'ees 36• o PibC.B 09' 000IN0. -p o ra 110Ar based on the East line th0Awt .1/4 of Section 13 as of the WIN 02, Meat. bed North 0 _ !parcel 2 s Of $won l cam at the Nast 1/4 Corner H. , sswnsbip 52 Sowth Rant, Collier County, elorida • Range 29 ,b4egceea 04126" Hest 987. : thence Barth 68 ins 07 feet, said corner described in Dee of ending of 8 -837 as Dead gook 42, P PabUo Records of Collier County, 142 of the tb thence 88o�sth i2 deyreea 06' West .00 feet; >; thence North 88 a 24 , Mstt 699.10 feet; a PLACE op WGI M 36 Heat 30.0 feet for 36• seat ip.p feet'; theme South South 88 degrees that 58.85 feet; tbenee North 88 1 degree 24 1 degrees 36 West 10.0 feet; thence North 1 degree 24• Bast w. 58.85 feet to the PLACE Parcel begin subject to an acc�iWN1WG, said easawent. and Utility based on Loa wa ° East line of the NS 1/4 Hest. being North 0 degrees 02 - %a _ woo W4 y,� 534d �ilEit �'�0,'', 6t.' gt116 4ECORDEWS MEMO: L,e 1 � y r)f .writin?, tyPi,,, or p -must iIr,satisfactor r" EXHIBIT °]►" when received in tl "s document a w .L� C> 0 b F--i W V OR; 3480 PG; 1638 ,1 BOARD OF COUNTY COMMISSIONERS 16AI THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Barbara L Galloway PO Box 196 Everglades City, Fl. 34139 -0196 DATE: t ci -1(o - a6 Q3 REF. INV.# 2421 FOLIO # 011318000001 LIEN NUMBER: LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 15, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Two Hundred Dollars ($200.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of FOUR HUNDRED DOLLARS ($400.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL M3 g 6A1 `} mf"d t %a poC+sMt+trJl Sta�q tex It Rscelrsd i Class 'C' hteay'.: a r�M�te Al h1 AMMi I n+ Oifa# IF1>fi1 eM�bNNk !i erS011iel fropert, ° ,x OVIG" E. RAW, CLERK OF CIRCUIT C%.:: C. WIN WN no am_ ::t d pia 14th aq, qr7!`JanuarY A.D. 19 93 , by tj .R, Qilir�4nir and BASBARA L. GALLOMIAY, husband and wife, m BARBARA L. GALLOMAY, a married woman, **M pest qpw esirwe is 700 C4 Avenue, Naples, FL 33964 desod imW or SLOW= UAMMMI%ft's • TAat 4t aiiJkxtlw'4t.1� ami i. gjtlw asau e!i 10.00--- - - - - -- . � etrittiwet� 4s ++eoeyiNsiierutjYstwaviyr�soes iwr�nesasR,sand tdloe ails weoNi J�ww. *9dwrots^ tip, isarat ek" aid dewmW wl� So 1a W tm pa4j ear to 61M j`ttari�p Vkw ar r/ ye � "�d WOO is tie CMft or an MMMMT -e A"acm NE WO AND NADs A VMkT MRMW. tipR:1"M TO easements, restrictions and reservations of record and truces for the year 1992 and all subsequent years. MQN 4W »If GWx - P-0 QKIM_ N 1RD4 JkW 00 b WAS 21msmwoojohwwM@NmdoWlardwgpwinamnewmwdpbdvmoV deft I I "dog At erkk v4k Wk bw# K tree6 sgsdtKr snd eiain W aftomw eldw said fs 466 or gattX to 4e G* No wn UK Sown and bAW(f ire SW $ and parttrArmr. 1111*04 Tie esid,Restp" ben s(jaed atd sealed tress premuts am deg and dear fiM pra"oe 0 it Pb s _ PATRICK R_ GALLOWAY P.O. Box 104 Copeland, FL 33929 .�® AY 700 C4 Avenue BrAIMOP FLORIDA cotAt'ffor COLLIER i Naples, FL 33964 a wa.ws...Vb.r1i. turwlew.aesw�w.m = awa.atraa.eoa.�n.ael»e..er� oft rwwb.eaaialecid RECORDER'S MEMO: LN tihitit`, KT1e _ poxArmicamTsts;ae /AA688648 EXPIRATION 7/18/93 of writing, typin,* or printin unsatisfictcry in tllia document when received., ! ECORDER-S MEMO: Leg if v,,ritinfy tYPin!, or pr;A4'r#ItIJL'Y BXHIBIT "A" in';atiffilctory in fhic ✓hen received. c1ocomem -aw Mist 30.o feet for 4; "01 thongs or 4+1 degree 36, 110.•_6 feet; thence North 99 degrees 120-0 feet; thence Xortb. 68 cormor 0 837 in cm 49 .2 142 Of th 6 Cft.tyr Florl a A 42 40 pot I - - 06', Met 37. 00 feet; 24 West 547.95 feet; Est `310.0 I degree 241 Wit 176.0 ffeeeett;tothence S�Outh 40 degrees 360' the PU= CW ! ECORDER-S MEMO: Leg if v,,ritinfy tYPin!, or pr;A4'r#ItIJL'Y BXHIBIT "A" in';atiffilctory in fhic ✓hen received. c1ocomem -aw Mist 30.o feet for 4; "01 thongs 4+1 degree 36, 110.•_6 feet; thence North 99 degrees 120-0 feet; thence 46! Xm'tb 06 degrees 120-0 feet; thence North Est `310.0 I degree 241 Wit 176.0 ffeeeett;tothence S�Outh 40 degrees 360' the PU= CW C) jim', om Q. CD 90MVISW based on the FAk8t line of the Sartbeist-1/4 of Section 13 as being north CA Nast. 0 "rc0l 2s Commencing at the East 1/4 corner oast 13, TOMIShIp 52 X..tb, Rang- 211 fast, Collier county" Florida; thence North Go :4*fncgmm 04-26- Nast 987-S7 feete said corner be . the piece of q=Um9 Of 9-837 as d68cilbed LA Deed book 42, Page 142 of the Public RSOOCft Of Collier County, Florida thence South 42 degrees • thence &Mtb 06Vast 37.00 feet; I degree 241 pest 699.10 feet; t1be"CS North 88 degrees 36• West 30.0 foot for * PIJ= Cw RMIMUM; thence South 88 degrees 3f But 10-0 feet; thence south I degree 249 "eat SO-85 feet; theme North 88 dOgises 361 vast 10.0 feet; thence north I degree S9.SS feet 24• East to the VUWx 01P DMINSING, said pdrool begin subject to easement. an access and utiljty based on the Bast line :;%I9TClO8 13 as being "Ort Of the US 1/4 "wt. h 0 degrees 021 O PU rn E- ! ECORDER-S MEMO: Leg if v,,ritinfy tYPin!, or pr;A4'r#ItIJL'Y BXHIBIT "A" in';atiffilctory in fhic ✓hen received. c1ocomem RESOLUTION NO. 2003- 4 4 6 _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE 16 Al ASSESSMENT OF LIEN FOR HECCOSTOF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Count be assessed against such property; and y, shall WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the Property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20 days of the date of the Legal Notice of Assessment and interest shall accrue on the un aid ba ) beginning on the date this Resolution is recorded at the rate of twelve percent 12% p lance ( )per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as foll having been abated of a public nuisance after due and proper notice thereof to the owners o fowl, property, is hereby assessed the following costs of such abatement, to wit: () said NAME: Cheryl L. Dion LEGAL DESCRIPTION: Unit 41, West Wind Mobile Home Estates, a Condominium according to the Declaration of Condominium thereof recorded in official record book 630 at pa es 1883 1932, inclusive, of the Public Records of Collier County, Florida g to COST: $255.00 REFERENCE #: 2380 FOLIO #: 81621640004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty 20 days the date of mailing that copy, the owner fails to deliver payment in full to Collier County, of Resolution and Notice of Assessment shall be recorded in the official records of Collier County, the by recording shall constitute a lien against the above - described real property, and to the to and allowed by law, shall also be a lien upon all other real and /or personal property owned b the extent property owner(s) in Collier County, y e noted This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this V day ofd ;003. ATTE�P - . , DW16f,ff E. BROCX;: Jerk BY, r; `fJevuty s ao Chairnan. A pP rOVd .+ 'a�#' kr, ;fo+.fifn and Legal suffiency: W ! ORI,y• BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORI A BY: Tom Henning, Chairman a 00 Thomas . Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 1 a -I l -aoa3 32 6086 OR: 3480 PG; 1641 RECORDED 01/08/2004 atF10:42AN DWIGHT B. COUNTY, FL BROCK, CLERK BBC FBI 10.50 Retn: COPIES 2.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 * ** OR; 3480 PG; 1642 * ** BOARD OF COUNTY CO 6 A 1 IRS MMISSIONE THROUGH ITS CODE ENFORCEMENT DEPARTMENT Cheryl L. Dion 101 Grassy Key Ln. Naples, Fl. 34112 -8403 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: i o _, . _ aoce REF. INV.# 2380 FOLIO # 81621640004 LIEN NUMBER: LEGAL DESCRIPTION: Unit 41, West Wind Mobile Home Estates, a Condominium, according to the Declaration of Condominium thereof recorded in official record book 630 at pages 1883 to 1932, inclusive, of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003 -4 4 7 16A1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: TREMBLAY, CLAUDETTE LEGAL DESCRIPTION: Lot 19, Block 100, Unit 3, Part — Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 101, of the Public Records of Collier County Florida. COST: $255.00 REFERENCE #: 2374 FOLIO #: 36000240009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above- described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution p assed and duly adopted by the Board of County Commissioners of Collier County; FIQn.6, this jay oodfrn_lp&_ ' 03. tJ ATTEST: BOARD OF COUNTY COMMISSIONERS DWI61HT E. Clerk COLLIER COUNTY, FLORIDA BY: s BY: Deputy Cl Tom Henning, Chairman s att; ply. Approved as to form and ia- ��, -abb3 legal sufficiency: 3326087 OR; 3480 PG; 1643 �►M ti----� RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Thomas C. Palmer, Assistant County Attorney 01/08/2004 at 10:42AR DWIGHT E. BROCK, CLERK RIC FBI 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 F: LIEN/ MSTR RESOLUTION * ** OR; 3480 PG; 1644 * ** BOARD OF COUNTY COMMISSIONERS 16A1 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Tremblay, Claudette DATE: Maurice Tremblay 50 Ardmore Rd West Hartford, CT 06110 -2430 REF. INV.# 2374 FOLIO # 36000240009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 100, Unit 3, Part — Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 101, of the Public Records of Collier County Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 7, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 4 8 16A1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SEVA EST, ARMAND, RAUL SEVA LEGAL DESCRIPTION: Lot 127, ISLES OF CAPRI #1, according to the plat thereof, recorded in Plat Book, 3, at Page 41, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2412 FOLIO #: 52344760009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution pssed and duly adopted by the Board of County Commissioners of Collier County, Florida, this (� dhy of 03. ATTEST,- BOARD OF COUNTY COMMISSIONERS DWI -E '91OCk; Jerk COLLIER COUNTY, FLORIDA BjL -��_ BY: . peput Tom enning, hairman �? tot loran's l a�.. 1 *re op. Approved, 4s o orm�Od legal sufficiency: 3326088 OR ; 3480 PG ; 1645 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Po_jv% 01/08/2004 at 10:42AN DWIGHT E. BROCK, CLERK Thomas C. Palmer, Assistant County Attorney RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 1240 F: LIEN/ MSTR RESOLUTION OR; 3480 PG: 16446 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT) b 1 Seva Est Armand Raul Seva 25 Dolphin Cir Naples, FL 34113 -4017 REF.INV.# 2412 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: FOLIO # 52344760009 I a - (_0 - WC)3 LIEN NUMBER: LEGAL DESCRIPTION: Lot 127, ISLES OF CAPRI #1, according to the plat thereof, recorded in Plat Book, 3, at Page 41, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 7, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 49 16 Ail A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON - MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot 3 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2389 FOLIO #: 35761120003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution ssed and duly adopted by the Board of County Commissioners of Collier County, Florida, thii 0 ay ofJD L 3. ATTES. ,l, �, BOARD OF COUNTY COMMISSIONERS i, DV�1W E:'AVOC1 ,'C e�rk COLLIER COUNTY FLORID o BY:'� \ L BY: g, D �I?, 'u D' t'f1 Tom Henning, airman l2 -1Le-aC9f�3 Approved as to f6fi and Legal sufficiency: 3326089 OR: 3480 PG: 1647 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/08/2004 at 10:42AN DWIGHT B. BROCK, CLERK Thomas 0. Palmer, Assistant County Attorney REC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 F: LIEN/ MSTR RESOLUTION * ** OR: 3480 PG: 1648 * ** 16A1 y .a BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson - Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 REF. INV.# 2389 FOLIO # 35761120003 DATE: ( a. -I to _ c;6&_A3 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 17, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL 3316175 OR: 3466 PG: 2872 RECORDED in OFFIC RB RDS of COLLIER COUNTY, FL 12/18/2003 at 08:2 N H CK, CLERK vv � C FIB 42.00 COPIES 9.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 RESOLUTION NO. 2003. 4 5 0 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2003- AR4290 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 1040, PAGES 1987 THROUGH 1993, AND TO ACCEPT A 15 FOOT WIDE RELOCATION UTILITY EASEMENT. LOCATED IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Clayton R. Miller, P.E., from Coastal Engineering Consultants, Inc., as agent for the petitioner, Collier Development Corporation, does hereby request the vacation of a portion of the 10 foot wide Utility Easement conveyed to Collier County by the Grant of Utility Easement recorded in Official Record Book 1040, Pages 1987 through 1993, Public Records of Collier County, Florida, and does hereby request Collier County to accept a 15 foot wide relocation Utility Easement; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 10 foot wide Utility Easement granted to Collier County by the Grant of Utility Easement recorded in Official Record Book 1040, Pages 1987 through 1993, 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 County's interests in the following described portion of the 10 foot wide Utility Easement be and are disclaimed, renounced and hereby vacated, and this action is declared to be in the Public's interest and will provide a public benefit: See Exhibit "A" attached hereto and incorporated herein. 1 of 2 16A2 OR: 3466 PG: 2873 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 15 foot wide Utility Easement more particularly described in Exhibit `B" attached hereto and incorporated herein, is hereby accepted as a relocation Utility Easement for the Utility Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution and the 15 foot wide relocation Utility Easement individually in the Official Records of Collier County, Florida. This Resolution is adopted this I(& day of C)ecember- , 2003, after motion, second and majority vote favoring same. DATED: ATTEST: DWIG 'E'�Chrk De S Approved as to form and legal fficiency: Patrick G. White, Esq. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • BY:_. Tom Henning, Chairman 10--- I,& -O- bb3 2of2 COASTAL 16 A; ENGINEERING � CONSULTANTS INC CECI Group Servlces Civil Engineering Survey & Mapping Coastal Engineering Real Estate Appraisal Environmental Assessment Wetsrte: www.coastalengineerirg.com A CECI GROUP COMPANY --- EXHIBIT "A" SHEET 1 OF 2 AVESMT2003- AR4290 FLEMINGS RESTAURANT PAVILION SHOPPING CENTER PORTION OF EXISTING 10' SID UTILITY E TO BE VACATED FOR WATER DISTRIBUTION DESCRIPTION 2 TEN T, FOOT FFLORIDA, SECTION 33, MORE PARTICULARLY 8DEESCRIB DESCRIBED 25 EAST, COL FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 33, RUN S00 °37'39 "E ALONG THE EAST LINE OF SAID SECTION 33 A DISTANCE OF 17.65 FEET TO THE EXTENDED NORTHERLY RIGHT -OF -WAY LINE OF VANDERBILT BEACH ROAD; THENCE N80 008'20 "W ALONG SAID EXTENDED RIGHT -OF -WAY LINE A DISTANCE OF 152.55 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF U.S. 41 AND THE NORTHERLY RIGHT -OF -WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE ALONG SAID WESTERLY RIGHT -OF -WAY LINE OF U.S. 41 N00 039'06 "W 565.41 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE S89020'54"W 37. 10 FEET UTILITY EASEMEONT AN FOR WA ER ION WITH THE EASTERLY LINE OF A TEN (10) O THROUGH H 199 OF THE RECORDED IN OFFICIAL RECORDS OF SAID COLLIER COUNTYIFLORIDA AND THE THROUGH 19 POINT OF BEGINNING; THENCE ALONG SAID EASEMENT LINE N22 049'35 "W 111.22 FEET; THENCE N63 008'00 "W 15.46 FEET; THENCE S22 049'35 "E 124.13 FEET; THENCE N25 025'25 "E 5.36 FEET; THENCE N89 020'54 "E 6.48 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES APPROXIMATELY 1,161 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. CO TAi.. NGIr EE� G CONSULTANTS, INC. FLOF.iDA B Sr;�fr'sS g TION NO. LB 2464 \ J RICHARD J. EWING! PROFESSIONAL StJR`,rE`: GR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 01.559A DATE SIGNED :B '"I#r-°2 9 C-.-), ov- rn rn b N 00 3106 S Horseshoe Dr.,� aples. Florida 34104 Phone (9L! 1) 643 -0324 Fax (941) 643 -1 143 E-'v1oi1 - ^`�c ��I� r��'`'ir 'l D �t i gig $ ^L_ N� IN. 4> 4.xo yyy O,� >N �01.•y O� x O .i ° H26spOF �� 1`\ Op f j�s•pn./ ` C,u,TN,q f�ROSS�tC � 7 (D RfMf 10, RkIH< C 7plp ��E� pS STET/ H 0 61 ^ � `r• ' f `'la:�ss,� c HrfR •,t 1 3:-� l• V ^�, �i / � „�� ~scab• �, I e M 1 , c x c� c Q n CX if. — — — — ,90,9S ,tY.90.69-00 N - �.—.— �b � Q^p N A, •l•o•x ,091 ii'OOO o —W, �,i� O- I=� {iI `,�s i� •s•n xox N N ll Z — �/'-- i o_ >�; _ -� ,lo o0 'INw -pi R o a^ 03 1 Oy-, io N fn rrr rrr= O,NAIrN�tn e c .iy. X -tir O . R.°. O IOTA fi UfZZ ZVI V, [ ZI, r�?fn �SA� ��p•,=•, aaL•�i �Q ^ Q, II II O °m SM:go &'.:R� 7 z� -��yyy sO �= tn'i+•oo�Z� o tl10N c; L7 AON w • NHG o��i O' `J V � O u ° LA C t 0, o $ $y S' y i u O O, • to tr to u^. o y ",°•• �^ n< 8 a o O in a > c 1 CL o p QQS� N� r > z F-! AY ^^ o LA !:02 gw0 � E =off o t S, ?? 3.F�i s> o >� :�RL� a 7A icy Mon �? � :6 R a o Y�° �F�R'Z 2 °�n v$Zi"o�R °� ,1 b . ?p 4a ° 06Zt,,dV-£OOZ.LWS3A`d > ` ? ;" Z 30 Z 1.33HS 6 Ry i0 'S c x c� c Q n CX if. Prepared by/Return to: Michael E. Botos, P.A. Edwards & Angell, LLP One North Clematis Street, Suite 400 West Palm Beach, Florida 33401 COUNTY UTILITY EASEMENT OR: 3466 PG: 2876 16p,2 ' , EXHIBIT "B" SHEET i OF 5 AV ESMT2003- AR4290 �4 day of K oyyytrt be r , 2003, between THIS EASEMENT made this � y COLLIER DEVELOPMENT CORPORATION, as the first party, and the BOARD OF COUNTY COMMISSIONERS, EX OFFICIO THE GOVERNING BOARD OF THE COUNTY WATER -SEWER DISTRICT O East, Naples, Florida, its successors and assigns, as the second party. WITNESSETH: That the first party, for and in consideration of the sum of $1.00 and other valuable considerations paid by the second party, countlputil y easement, to construct, enter hereby grants unto the second party, a non-exclusive y upon, own, and maintain utility facilities above and below ground on the following described lands being located in Collier County, Florida, to -wit: Lands described in Exhibit "A" attached hereto and made a part hereof. WITNESSETH: The first party agrees that it shall be responsible for all improvements such as pavement, curbs, sidewalks, etc., which lie within t caused as a result td second further agrees to repair any damages and /or replacement cos party's performance of maintenance on the water and sewer lines installed therein. IN WITNESS WHEREOF the said first party has caused these presents to be executed this 1()46 day of f`lntrombex , 2003. Signed, sealed and delivered in the presence of: Witness Print Name: Witness Print Name: e �` STATE OF e-r t OR: 3466 PG: 2877 16Al2 EXHIBIT `B" SHEET 2 OF 5 AV ESMT2003- AR4290 COLLIER DEVELOPMENT CORPORATION, a Florida corporation By: Print Name: Title: 11 eoltlrf COUNTY OF of The foregoing instrument was acknowledged before ' he this 104- -- t dads (' �,, , 2003 by Jj yy is rg of COLLIER DEVELOPMENT CORPO TION, a Florida, `�'aoidentificationnally known to me, or who has ❑ produced Public in and for O�tate and County aforesaid. �cd Print Notary Name: NANCY LYNN HALL MY COMMISSION x DD 031397 EXPIRES: June 24. MDS t -801} &NOTARY FL Notary Samce d Banding. Inc (seal) [JOINDER OF LESSEE ON FOLLOWING PAGE] Not -2- pMB PMB 225980_2/MBOTOS 16A2', JOINDER OF LESSEE OR: 3466 PG: 2878 EXHIBIT "B" SHEET 3 OF 5 AVESMT2003- AR4290 CFS I- PAVILION, LTD., a Florida limited partnership, as lessee under that certain Ground Lease, a memorandum of which has been r co in the foregoing is Records ent for Collier County, Florida, at ORB 986, Page 1731, hereby purpose of subordinating the Lessee's interest in said Ground Lease to the conveyance contained in the instrument. Signed, sealed and delivered in the presence of: Witness Print Name: p n Ca�,�..t� -► 411 � � Y Witness q f I Print Name: STATE OF \ -1 f t COUNTY OF CFS I- PAVILION, LTD., a Florida limited partnership By: COLLIER FINANCIAL SERVICES, INC., a Florida corporation, its general partner By: Print Name: Q V11 ' t axz' Title: 1 Q-0- The foregoing inst ment was acknowledged before me this In'*` day of ' P '�-- �,�,,ti�,` , 2003 by � � V1�i • 61 2-n- , the o cQ the°General Partner of of COLLIER FINANCIAL SERVICES, INC., a Florida corporation, me or CFS I- PAVILION, LTD., a Florida limited partnersas identificat on personally and he/she t d has the produced foregoing for and on behalf of said limited partnership. �O y of 4l 2003. Witnessed by hand and this notarial seal, this da o �� oo °e" `�'1 XtE Notary Public in and for the State and County LYNN HALL SION # DD 031397 aforesaid. /� S: June 24, zoos Print Notary Name: 1i l ervice & Bonding, Inc. (seal) -3- PMB PMB_225980_2/MBOTOS COASTAL ENGINEERING CONSULTANTS INC A CEC! GROUP COMPANY CECI Group Services Civil Engineering 164� Planning Services ^ I Survey & Mapping Coastal Engineering Real Estate Appraisal Website: www.coastalengineering.com EXHIBIT "B" SHEET 4 OF 5 AVESMT2003- AR4290 FLEMINGS RESTAURANT PAVILION SHOPPING CENTER PROPOSED 15' WIDE COUNTY UTILITY EASEMENT DESCRIPTION A RANGE FIFTEEN FOOT R COUNTYO,FFLORIDA, BEING MORE PARTICULARLY DESCRIBED RANG AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 33, RUN S00 °37'39 "E ALONG THE EAST LINE OF SAID SECTION 33 A DISTANCE OF 17.65 FEET TO THE EXTENDED NORTHERLY RIGHT -OF -WAY LINE OF VANDERBILT BEACH ROAD; THENCE N80 008'20 "W ALONG SAID EXTENDED RIGHT -OF -WAY LINE A DISTANCE OF 152.55 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF U.S. 41 AND THE NORTHERLY RIGHT -OF -WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE ALONG SAID WESTERLY RIGHT -OF -WAY LINE OF U.S. 41 N00 039'06 "W 565.41 FEET TO AN INTERSECTION WITH THE NORTH LINE OF A UTILITY EASEMENT FOR WATER DISTRIBUTION AS RECORDED IN O.R. BOOK 1040, PAGES 1987 THROUGH 1990 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE ALONG SAID LINE S89 °20'54 "W 10.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EASEMENT LINE N00 039'06 "W 81.16 FEET; THENCE N61 °24'00 "W 89.37 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID UTILITY EASEMENT RECORDED IN O.R. BOOK 1040, PAGES 1987 THROUGH 1990 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE S22 049'35 "E 24.06 FEET; THENCE LEAVING SAID LINE S61 024'00 "E 61.78 FEET; THENCE S00 039'06 "E 72.37 FEET; THENCE N89 020'54 "E 15.00 TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES APPROXIMATELY 2,285 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. COAST L E GINEERING CONSULTANTS, INC. FLORI ABU ` SS T RIZATION NO. LB 2464 RICHARD J. EWING, V.I- — at- PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 02.028 DATE SIGNED: 9 . 17- 0 3 2 cs. rn 3106 S. Horseshoe Drive, Naples, Florida 34104 • Phone (239) 643 -2324 Fax (239) 643 -1143 • E -Mail: engcollier @cecifi.com N 00 J tJ.:0 8Z0'ZC ON •ZO ON 0 ONa59> dM►££ I .0d -3-r-8 t '84M•W'W :NN . t :TIVOS £o /L t /90 Z- O W A w rUU Vs 'tl01801j 'xiNnoo 8311100 '1SV3 SZ 30108 'H1f10S 94 dIHSNM01 f£ N0 1103S UROSaa L40llHO'LaMS 03SOd08d t 30 1� Lua1a�✓ =1 a.lat7_ N O O � u n W O Q V, �xness�x s�rti��.� WOO•Ip WOO-611 £4ll- OZ£Z- EXHIBIT 'B" SHEET 5 OF 5 AVESMT2003- AR4290 h W 2 N" .- S W 3 O< W ^Z N <rh SO we n < 10 ;W 0 -ip0 mm nW O^ N ON y ,ZU ± W 30Pm LL-0 =W 80 <N 01-: W 0 O 3j JW <OW n7V3 mgum �- Z O S --02-co bW� O S W O VI O ; V SOW W W 5 W Z j MbSWZ<ZWSN WN -;-cW m S W VZJO^ r SZ1/1 m Ir 0 0 y ZS O my <Z fop �Z13100� y<j OLL UOn<3 <Djm< 0-0 Z W Z LA W J 3 1 Z Z W 01 W W O �� W� NUm�OmW <WW WQ 01 W� d W ~•ZF- Z3 <4011,JW04W RW7 w0Z1•-SmZ 'X 0 ~~ O N cc 2 ZZ WO >p -WJZO ZWM0:, N Q•p VS ZO ZnZO` >WSY00 WO11rmZJNY1 N < 1AZ WN C. OZJWWIOZOWZ mOOIJOn^ y VI ZNGQ V�yx ;Y11- mYZ O;W O <WW W O 303 OYW WW3WXOO VFS ME O NW pW�� 0O 0W "W GOW N 0 OOV -< Z .<Op0 wYrZV 5 :W >N v W -Q HFOJ O m N OOz_WW; '60 . D W Z zzY=W zM iZD <J N Z W V ` O O O 3W 2 W < O d W V 3 3 O V Z Y Z Z Z Z J 3:A O W W V Wz- OW NWS 0= y m V C VC ~ Z I C m= O 02-9 0.0 WO W 00 -cc Z^ vW O W Z b W S O Z Z U r W O ZW aOFYJ <OWW > m U Z r W W W W m < 3 W V S (7 C V O 3= W Z 1- S W~ - m 0 W J 1rZJ 30f..WW W, OJK ZW O 2 W-MO �_-. N <<SO V <W�•Wx -am-- 41 W TAI LAIR TEL NORTH S ry W N � < I'+1 � O W 150 R.O.W. MM� s � 40l dll0a9 YOOOVbO�n O�Of y�000vfOOrf00� ONmNO�f 01 ♦OHO ry�ONNHN•NM1N we Mio olb�iV ^ba mry10NmOb N100m NZ ZZVIZZw00Z H1f10S golf o N ^ O o V� 13 N r O T Z p t yy <a V p= F N R V �iIWyWY =¢ c23i `;"is3��5� -:�u0?1nGa JJ E — < R S W O> O L W W up�r V'-r �� p�rZr�00 a U E-r D 13315176 OR: 3466 PG: 2881 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL � X 16A2 12/19/2003 at 08:29AK DWIGHT B. BROCK, CLERK r CONS .05 RBC FIB 24.00 DOC-.70 .70 Prepared by /Return to: COPIES 5.00 Michael E. Botos, P.A. Retn: Edwards & Angell, LLP One North Clematis Street, Suite 400 CLERK TO THE BOARD West Palm Beach, Florida 33401 INTEROFFICE 4TH FLOOR BIT 7240 EXHIBIT "B" SHEET I OF 5 AVESMT2003- AR4290 COUNTY UTILITY EASEMENT THIS EASEMENT made this 10 11� day of NA �� jeyyd P_ r , 2003, between COLLIER DEVELOPMENT CORPORATION, as the first party, and the BOARD OF COUNTY COMMISSIONERS, EX OFFICIO THE GOVERNING 3301 6 TRD OF T aE COUNTY WATER -SEWER DISTRICT OF East, Naples, Florida, its successors and assigns, as the second party. WITNESSETH: That the first party, for and in consideration of the sum of $1.00 and other valuable considerations paid by the second party, receipt of which is hereby acknowledged, hereby grants unto the second party, a non - exclusive county utility easement, to construct, enter upon, own, and maintain utility facilities above and below ground on the following described lands being located in Collier County, Florida, to -wit: Lands described in Exhibit "A" attached hereto and made a part hereof. WITNESSETH: The first party agrees that it shall be responsible for all improvements d herein, and such as pavement, curbs, sidewalks, etc., within the easemen costs caused as a result the second further agrees to repair any damages and /or rep lacement party's performance of maintenance on the water and sewer lines installed therein. IN WITNESS WHEREOF the said first party has caused these presents to be executed this 10111 day of MQ VemU_C , 2003. Signed, sealed and delivered in the presence of: Witness Print Name: R Cf �Y11 Witness0.� i Print Name: Q-JL, r--- -- STATE OF 1-\ 16 A OR: 3466 PG; 2882 EXHIBIT `B'• SHEET 2 of 5 AVESMT2003- AR4290 COLLIER DEVELOPMENT CORPORATION, a Florida corporation By: Print Name: � 4 -�.sL� .�. -�•4G Title: 11 �1 COUNTY OF C U .Q. The foregoing instrument was acknowledged before me this 104''`' day of ,1 Su 2003 by �Q YY1 . , the i� c: sZ Pr a_ of COLLIER DEVELOPMENT CORPO TION, a Florida, `�'a °identificat on.ally known to me, or who has ❑ produced OYP#*,, NANCY LYNN HALL My COMMISSION � DD 031397 EXPIRES: June 24.2003 800 3NpTARY FL Notary service a Bon& (seal) [JOINDER OF LESSEE ON FOLLOWING PAGE] yl Notary Public in and for the State and County aforesaid. Print Notary Name: -2- PMB PMB_225980_2 /MBOTOS *16 1fJ 642, JOINDER OF LESSEE OR: 3466 PG: 2883 EXHIBIT "B" SHEET 3 OF 5 AVESMT2003- AR4290 CFS I- PAVILION, LTD., a Florida limited partnership, as lessee under that certain Ground Lease, a memorandum of which has been recorded in the Pubc Rnstroumsent fo�lthe County, Florida, at ORB 986, Page 1731, hereby purpose of subordinating the Lessee's interest in said Ground Lease to the conveyance contained in the instrument. Signed, sealed and delivered in the presence of: f�u- - - Witness Print Name: 1 Witness Print Name: STATE OF COUNTY OF C' L CFS I- PAVILION, LTD., a Florida limited partnership By: COLLIER FINANCIAL SERVICES, INC., a Florida corporation, its general partner By: ---- Print Name:Q Title: 0 1 U e ( -e—I ` The foregoing inst ment was acknowledged before me this U) day of 2003 byre ifY} . i 2 2 , the l) c,z �� 4-0 c�-- of COLLIER FINANCIAL SERVICES, INC., a Florida corporation, the General Partner as CFS I- PAVILION, LTD., a Florida limited partnership identification nand he/she executed the produced foregoing for and on behalf of said limited partnership. �O'a". f`(} uy�,�_ gA_ 2003. Witnessed by hand and this notarial seal, this __ day o ��,r,� Notary Public in and for the State and County NANCY LYNN HALL ?Itw�j MY COMMISSION # DD 031397 aforesaid. a 1 l EXPIRES: June 24, 2005 Print Notary Name: (seal) 1- 80P3NOTARY FL Notary Service d Bonding, Inc. -3 - PMB PMB_225980_21MBOTOS COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY FLEMINGS RESTAURANT PAVILION SHOPPING CENTER PROPOSED 15' WIDE COUNTY UTILITY EASEMENT DESCRIPTION CECI Group Services Civil Engineering Planning Services Survey & Mapping Coastal Engineering Real Estate Appraisal Website: www.coostalengineering . com EXHIBIT "B" SHEET 4 OF 5 AVESMT2003- AR4290 A FIFTEEN (15) FOOT WIDE STRIP OF LAND LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 33, RUN S00 °37'39 "E ALONG THE EAST LINE OF SAID SECTION 33 A DISTANCE OF 17.65 FEET TO THE EXTENDED NORTHERLY RIGHT -OF -WAY LINE OF VANDERBILT BEACH ROAD; THENCE N80 008'20 "W ALONG SAID EXTENDED RIGHT -OF -WAY LINE A DISTANCE OF 152.55 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF U.S. 41 AND THE NORTHERLY RIGHT -OF -WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE ALONG SAID WESTERLY RIGHT -OF -WAY LINE OF U.S. 41 N00 039'06 "W 565.41 FEET TO AN INTERSECTION WITH THE NORTH LINE OF A UTILITY EASEMENT FOR WATER DISTRIBUTION AS RECORDED IN O.R. BOOK 1040, PAGES 1987 THROUGH 1990 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE ALONG SAID LINE S89 °20'54 "W 10.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EASEMENT LINE N00 039'06 "W 81.16 FEET; THENCE N61 024'00 "W 89.37 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID UTILITY EASEMENT RECORDED IN O.R. BOOK 1040, PAGES 1987 THROUGH 1990 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE S22 049'35 "E 24.06 FEET; THENCE LEAVING SAID LINE S61 024'00 "E 61.78 FEET; THENCE S00 039'06 "E 72.37 FEET; THENCE N89 020'54 "E 15.00 TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES APPROXIMATELY 2,285 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. COAST L E GINEER.ING CONSULTANTS, INC. FLORI ABU LnRIZATION NO. LB 2464 Ir RICHARD J. EWING, V.P- PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 02.028 DATE SIGNED: tg . 1% c 3 3106 S. Horseshoe Drive, Naples, Florida 34104 • Phone (239) 643 -2324 Fax (239) 643 -1143 • E -Mail: engcollier @cecifl.com 9 w cr+ a� b 84-=_ oz. TAWAMI TRAIL NORTH U.S. 41 aWu �NdW 'p 0°0' 150 R.O.W. oa ►ryao N 00'39'06" W 565.41' bb�fD�"ts°jD� H0jlblS Nr -0, s t`� \ �• \ rr h _ 3rd 4 J1 n O % s � re �3J d N�SWs 3 06" oeb ,t 0 t y3 0 J r f I / I / I 831N3j �I I 4.7:,.LYt:r(Y3 V'1 \ C::�:::� ly s z ff� -00- Ijloao ®jalpo06uD :IIDV4 -3 401,4£ VOINOI! 'S3ldVN V m f109Z0'ZC 'ON 'd3N tl01NOl! IRV dlHSNM01 ££ 'A1Nf100 N3I1100 '1SV3 SZ 39NV8 'H1f105 N0I103S NI ONIAI 1N3W3SV3 Allllln A1Nf100 W00.6up 6usl S000•MMM 3AINO 30HS3SdOH H1f10S 90l£ £41,1 —£1£Z d YZ£Z -£1 £Z OH 7 dg0a0 1 3�I by y�_ o c ZO'ZO oN av7v SZ •7N S84 .dM.L ££ 735 03SOdONd V 30 x0iLdmosad d0 H0151XS ;�NydN,,o /N •0d 3'f'b :03M03H7 :311u S30IAa3N d S1d1lf1SN00 IVSltladdV 31tl153 1V38 i V/N •g•j•M'YI'W :NMyaO ITT r�T srVxnvssazl SrDNinaI3 ONI833NION3lV1SV00 JNIN33NION^3 ld1SVOO W 09 = ..l :31v75 £U /1, l /90 :31v0 n ONIN33NION3AlIA10 zA oo N EXHIBIT "B" Nv, W d Zs rA SHEET 5 OF 5 AVESMT2003- AR4290 _ ' � <nyaJZ \♦ N II a �0 .rWS ♦ N � u >" L. 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DWO a�H VI L,4 C Va O V� WU m Nd Oa- Waoa JZ WM �� >3 =�Z W40=NVa V HVI~NWnO O F O W3:W 3'W3: 3G 3:WW WW A ■/� OO VNpN JD UOJ W W <Oj 2O o= `J%.w J n`n O O N N r paY000YbOVaO SOY W Vt 82' = 3 o 30 W 4 Oy H Y W VI i W m H Z WW< .- <;= W W NOQ J Z W O V Zwt vaO OONO O M. ..0 W rW O 611 1Ji >� aF �'N4 Q ~W - ~oom OfY <NV010 = WOm IO MID 0I C:-;'* -1001 OZ r, 1a� II YW On 1AU ?pO N1�2_YF_ZV ON�VOJ ZNJLLVZMN X OO OOON 10N1DOaDNN000 VI VIZ ZZVIZZVaNN2 VO '�0 O 00 6d N W3p WO - -.W I= W10HO�y<j OOD Q ZW N<W �^ JWH V--1U 2 0. C I 6 E a 3 W OOVWH , oW O�< O Q 3 V �Z I = W; Vy Wr W W1U Q NN OW S W4OW 6 . 3 VO W V V 6 F O O U S V U Z,.8 Z Z Z Z F W W z J J J J J J J J J J J 3 1 8 vH� yZ U WZ n.l. W M rV N S Ww 00 ,zw F- U V = O6N O aNC `V� H W H~ EO 0Z <O , OO VyW 2O Q W O MZ 2 W v N =2J QO W VWQQS' 0 ~ > ON Z N p W O U = Q 3 4 a<�I 0 8 Z< WI 3= Z W F K J O Z W I- W 0 O W m r O ar 0<. M rW Z M Mo UYr-06 = O r ut oz. TAWAMI TRAIL NORTH U.S. 41 aWu �NdW 'p 0°0' 150 R.O.W. oa ►ryao N 00'39'06" W 565.41' bb�fD�"ts°jD� H0jlblS Nr -0, s t`� \ �• \ rr h _ 3rd 4 J1 n O % s � re �3J d N�SWs 3 06" oeb ,t 0 t y3 0 J r f I / I / I 831N3j �I I 4.7:,.LYt:r(Y3 V'1 \ C::�:::� a V cQ W m w Q% a'1 LV Gl> 00 Nr ly s z ff� V n r t�yy 0 by y�_ ✓� NQ I G5� a V cQ W m w Q% a'1 LV Gl> 00 Nr * ** 3315341 OR; 3467 PG; 0272 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/18/2003 at 09:44AN DWIGHT B. BROCK, CLERK R 6,00 This instrument prepared by: Retn: Janet Powers, Operations Manager Retn: TO THB BOARD Code Enforcement 2800 N. Horseshoe Drive INTEROFFICE 4TH FLOOR Naples, Florida 34112 BIT 7240 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Three Hundred and Eighty Five Dollars and Fifteen Cents ($1,385.15), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated January 28, 2003, recorded in O.R. Book 3208 Page 2208 et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Hada G. Olivella, has been satisfied in full. The West 310 feet of Tract 127, of that certain subdivision known as Golden Gate Estates, Unit No. 193, according to the map thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 7, Page 100. Folio No. 45852980003 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Hada G.. Olivella, and consents to this lien being discharged of record. DAtUd this .1 day of 1�°r ; 2003. `ATTt$T. BOARD OF COUNTY COMMISSIONERS 1jWIGH'T E. BROOK' Clerk COLLIER COUNTY, FLORIDA Clerk�JJ C TOM HENNING hairman Attest as tto 'ar s sig€laturf ut 2 -I(o —a-D03 A PP r ve M form and legal u jF n Jeffre�A. aTkow Assis nt r4unty Attorney B MEMORANDUM Date: December 17, 2003 To: Melissa Hennig Environmental Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Wildlife Service Cooperative Agreement No. 1448- 40181 -98 -J -021 Enclosed please find one (1)copy of the original agreement as referenced above, (Agenda Item #16A5), as approved by the Board of County Commissioners on December 16, 2003. If you should have any questions, please call me at 774 -8406. Thank you. Enclosures (1) In Reply Refer To: FWS /R4 /BA /CGS .16A 5 United States Department of the Interior FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta, Georgia 30345 October 24, 2003 Mr. William D. Lorenz Collier County Natural Resources Department 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Lorenz: Enclosed for your files is an executed copy of Modification No. 1 to Cooperative Agreement No. 1448-40181-98-J-021. If you have any questions concerning this modification, please contact Janice McNeill, Jamison Professional Services Contract Specialist, at the above address, Suite 310, or at telephone number (404)679 -4061. Sincerely, Mw 1 _ ••F Marsha Isaac Chief, Contracting and General Services Division Enclosure 16A5 AGREEMENT NO: 1448 - 40181 -98 -J -021 CHARGE CODE: NO CHANGE AMOUNT: NO CHANGE TIN: 59- 6000558 DUNS: 07 -699 -7790 MODIFICATION NO. 1 To COOPERATIVE AGREEMENT Between UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE And COLLIER COUNTY The purpose of this modification is to extend the Period of Performance with no impact to the amount of the Agreement. The Service Administrative Officer is also revised by this modification. 1. Article VI., PERIOD OF PERFORMANCE, is revised to read as follows: The Period of Performance for this Agreement is from September 1, 1998 to December 31, 2003. 2. Article VII., AWARD AMOUNT, is revised to read as follows: C. FUNDED PERIOD: September 1, 1998 to December 31, 2003 3. Article X., ADMINISTRATIVE OFFICER, is revised to read as follows: Janice McNeill /Evelyn Bradley Jamison Professional Services /RS Staffing U.S. Fish and Wildlife Service 1875 Century Bouleveard, Suite 310 Atlanta, GA 30345 Phone: (404) 679 - 4061/4068 Fax: (404) 679 -4057 Email: Janice mcneillnfws.gov evelyn bradleynfws.gov 16A5 All other terms and conditions remain the same. U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE BY: Anita Wender TITLE: Snpervbory Contracting Officer DATE: /Q /�11 03 BOARD OF COUNTY COMMISSIONERS COLLIER COU Y, FLO IDA 0 By: TOM HENNING, CHAIRMAN DATE: t a ( (.0' a00'�5 Attest as to Chairman's Signature ,only, ATTE$,T, , DW6irE ° $ , CLERK L Approved as to form and legal sufficiency: By: Marjorie M. 9tudent Assistant County Attorney 16A9 MEMORANDUM Date: December 17, 2003 To: Stan Chrzanowski Senior Engineer Engineering Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -451 Enclosed please find one (1) copy of the document referenced above (Agenda Item #16A9), as approved by the Board of County Commissioners on December 16, 2003. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure 16A9" RESOLUTION No. 2003- 4 51 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ENGINEERING SERVICES DEPARTMENT TO PETITION THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO DELEGATE A PORTION OF THE ENVIRONMENTAL RESOURCE PERMIT WHEREAS, In September 1980, the South Florida Water Management District ( "SFWMD ") delegated its review authority of Water Management Systems to Collier County for freestanding projects less than 40 acres in size containing no wetlands; WHEREAS, On November 18, 2003, the BCC authorized Engineering Services to file a Petition for Delegation to seek formal delegation from SFWMD of a portion of certain permitting, compliance, and enforcement responsibilities, associated with implementation of the Environmental Resource Permit program under part IV of Chapter 373 of the Florida Statutes; WHEREAS, the BCC desires the delegation to include County responsibility for (1) the Management and Storage of Surface Waters permit programs under subsections 373.414(11) -(16) of the Florida Statutes and (2) for the Management and Storage of Surface Waters permit programs under subsections 373.414(11) -(16) of the Florida Statutes; WHEREAS, 62- 344.400 F.A.C. requires the County to file a petition for delegation accompanied by a resolution approved by the BCC, which expresses support for the petition; WHEREAS, the BCC deems it appropriate and in the best interest of the public health, safety and welfare to adopt this resolution, which provides the requisite support for the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The BCC authorizes Engineering Services Department to Petition the South Florida Water Management District on its behalf to delegate a portion of the Environmental Resource Permit program. PASSEE,AND ULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this `(�Qt_t�� `day of 2003. ATTEST: Dwight E:M1ci� Clerk •�, �, gy Deputy �' 1�.,t'.' : �farm��`�� . •- °~ A rovefclr � � �; and legal s�ifflc�+rl�ymt; �''�u Jennifer A. Belpedio "= Assistant County Attorney BOARD OF COUNTY COMMISSIONERS. OF COLLIER UNTY LORIDA By: Tom Henning, Chai an 16P.10 I Contract 03 -3473 - "Consultant Services for Preparation of a Land Development Overlay for Bayshore /Gateway Triangle Community Redevelopment Area (CRA) District" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this /` day of 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER ") and HDR Engineering, Inc., authorized to do business in the State of Florida, whose business address is 2202 N West Shore Boulevard, Suite 250, Tampa, FL 33607 -5755 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional services of the CONSULTANT concerning Preparation of a Land Development Overlay for Bayshore /Gateway Triangle Community Redevelopment Area (CRA) District (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: i ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16A10 1.1. CONSULTANT shall provide to OWNER professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager "). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, E 1 Aacknowledging that the Project Manager shall have full authority to bind an obligate e CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public 3 16A10 i information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If'authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, 4 A 0 rate schedules and appraisals; and evaluating processes available fo is sing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator "). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and p erforme b htA n LTAN T hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any 6 designated portion of the Project and shall be performed and completed l fackloith the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty -four (24) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may 16A10 withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 8 the period of this Agreement and during the five 5 year Acptl ave; rovided, p 9 9 i)Y p1i(6 p however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, 6 16p10 or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 10 12.2. If, after notice of termination of this Agreement as provild6r Aplaph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 11 16A10 ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. 12 ARTICLE FIFTEEN c O MODIFICATION 16 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: HDR Engineering, Inc. 2202 N West Shore Boulevard Suite 250 Tampa, FL 33607 Fax: 813- 282 -2458 Attn: Paul A. Bowdoin, Sr. Vice President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. 13 ARTICLE SEVENTEEN MISCELLANEOUS 16A110 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 35 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to 14 services funded b the United States government. An suit or action brow h thr o Y 9 Y 9 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Consultant Services for Preparation of a Land Development Overlay for Bays ho re/Gateway Triangle Community Redevelopment Area (CRA) District the day and year first written above. ATTEST: Dwight Brock, Date: A ved as to nd egal suffi ie y: sistant County Attorney Witness Witn s BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FL IRIDP±,,A POLITICAL SUBDIVISION OF THE, STATE OF'-FLORIDA 1 <i By. commissioner ,` rman Attest as to %t�' M�0 signature aely, HDR Engineering, Inc. By: Paul A. Bowdoin - Senior Vice President Typed hfatne and Title (CORPORATE SEAL) 15 SCHEDULE A 16A10 SCOPE OF SERVICES Scope of Services Goal of Overlay The goal of the overlay will be to create a workable and comprehensive land development plan that specifically defines development standards and criteria for property within the redevelopment area. The scope of the plan will cover a full range of development standards. Furthermore, special consideration and treatment of residential areas will be a component of the community plan. A hallmark of the plan will be the creation of a unified vision for the future of the entire Redevelopment Area. CRA Board will have capable personnel immediately available to begin work on the below- stated tasks, by the earliest possible dates. Phase l — Project Organization and Analysis The Project Organization and Analysis Phase will include the review of relevant information and previous studies and plans. It will include a trip to Collier County for interviews, on -site analysis, and initial meetings with the CRA. 1.01 Project Kick -off The Consultant will meet with the CRA to review data and base map information, discuss project tasks and schedule, and review arrangements for the upcoming workshops for each subdistrict. 1.02 Assemble Base Maps /Designate Geographic Subdistricts The CRA will provide assistance to the Consultant to create the necessary base maps. The redevelopment area will be divided into two geographic subdistricts for purposes of phasing workshops and implementation plans. 1.03 Creating Public Awareness Consultant will develop an extensive community outreach program to maximize public relations in the Bays ho re/Gateway Triangle Redevelopment Area. Every property owner will receive a notice via 1St class mail of the scheduled community meetings. 1.04 Review all Relevant Information The Consultant will review any relevant information that the CRA deems necessary, which should include: Bayshore /Gateway Triangle Redevelopment Area Plan Existing Bayshore Drive Mixed Use Overlay District Plan County Comprehensive Plan County Land Development Code County Zoning Regulations County Development Guidelines Collier County Community Character Plan Existing and Proposed Drainage Plans Inadequacy in Road rights of way Other technical memoranda Any other conflicting or complementary County codes, studies, or plans. Analyze the current zoning designations for redevelopment area and the remainder of Collier County's Land Development Code to identify impediments to implementing the Overlay Plan. 16 16P,10 Identify various strategies including new zoning districts, overlay zones, and other code changes that will allow and encourage implementation of the Plan. Also included is a review of other CRA district plans. 1.05 Site Visit and Analysis of Physical Conditions The Consultant will focus on the existing physical conditions of the redevelopment area keeping in mind the goal of optimizing redevelopment and livability needs of the community. 1.06 Interviews The Consultant will meet with and interview local officials, redevelopment area residents, and stakeholders that the CRA and the Bayshore /Gateway Triangle CRA Advisory Board deems necessary. Interviews are used to gather ideas from these groups for drafting alternatives and building awareness and support for the upcoming workshops. 1.07 Support Documentation The support components in the Report would likely include, at a broad level: 1. Assessed Valuation Trends in Redevelopment area 2. Market and Location Analysis 3. Analysis of the Existing Transportation Framework with suggestions for improvement 4. Demographics 5. Recommendations on CRA tax increment fund expenditures 1.08 Draft Subdistrict Alternatives Based on the best possible analysis of information gathered in the above tasks, the Consultant will preliminarily formulate alternatives to the current regulatory setting within each subdistrict. These alternative land development standards will be presented at each subdistrict's respective workshop. 1.09 Design the Workshop The Consultant will tailor a minimum of four(4) community workshops for each delineated subdistrict. The Consultant will coordinate the logistics of the workshop with the CRA. The results of the workshop will guide the creation of the work products identified as part of this planning project. Phase 11— Subdistrict Community Workshops Each community workshop, to be held on location in the redevelopment area, will build consensus and re- establish a vision for redevelopment. The workshop will focus on community involvement and the creation of a unified vision for the future of the subdistrict/neighborhood. The Consultant will make solid recommendations on how existing land development regulations might be changed consistent with the overall goal of the Overlay. The Consultant will incorporate community feedback into the Overlay. These Workshops represent the next step to concepts already introduced to the community as part of the Redevelopment Plan. As such, the Consultant must become very familiar with the Adopted Redevelopment Plan and the accompanying community involvement that took place during its development. 17 I 6 2.01 Community Workshops At least four community workshops will be held for each of the subdistricts. The workshop session will begin with a welcome by the CRA, followed by a briefing to lay out proposed changes to the code, orient participants to maps, and set ground rules and goals for the session. The workshop will help participants to compare alternatives, forge a community consensus and form a recommendation for the area. Develop Overlay Plan(s) Based on Best Alternatives Based on community input and best planning practices, the Consultant shall develop a preferred set of land development code standards for each subdistrict, and recommend any other plans or programs deemed desirable to the redevelopment area. The scope of the plan will cover a full range of development standards. These standards would likely include but are not limited to the following: Reassessment and reassignment of Permitted, Prohibited, Accessory and Conditional Uses • General site design standards • Placement of buildings • Placement of parking and access • Street Frontage • Pedestrian and Streetscape Improvements • Minimum and maximum building heights • Architectural and Landscaping standards • Signage and Lighting • Open Space Standards In addition, standards that apply to the entire CRA district (i.e. all subdistricts) will also be identified. The Overlay Plan should be conveyed in graphical and written code form compatible with Collier County's LDC format. Phase M — Review and Presentation of the Overlay Plan The Zoning overlay plan will be further developed and presented in this Phase. The determination to proceed to Phase III tasks for all subdistricts at one time, or to phase the approach will have been determined in prior Phases. The review and presentation of the Redevelopment Area Overlay Plan will consist of a presentation to the affected community, the CRA Advisory Board, and the CRA Board. 3.01 Present Draft Overlay Plan to Redevelopment Area The Consultant will present the draft Overlay Plan to the redevelopment area community and the CRA Advisory Board at an evening meeting. Participants will be offered to comment on the plan. 3.02 Present Revised Draft Overlay Plan to Redevelopment Area The Consultant will present the revised draft Overlay Plan to the redevelopment area community and the CRA Advisory Board at an evening meeting. Participants will be offered to comment on the plan, prior to review by the CRA. 3.03 Present Draft Overlay Plan to the CRA Board 18 � The Consultant will present the draft Overlay Plan to the CRA oar for review10 . The Zoning Overlay standards shall be written in a format consistent with Collier County's Land Development Code by this point. Phase IV— Detailed Overlay Plan Outlining Development Standards Following the workshops and community presentations, the Consultant will make adjustments to the Overlay Plan and prepare the related work products. 4.01 Workshop Summary Report The Consultant will prepare a document including images from the work in progress, a brief narrative summarizing workshop findings, and a description of the process used to create the Overlay Plan. The Workshop Summary Report shall be concise and reproducible so it can be used to promote the redevelopment area with the business community and the public. 4.02 Overlay Plan The Consultant will finalize the draft Overlay Plan (see Tasks 2.02, 3.02). 4.03 Final Report Preferred Overlay Plan The Final Redevelopment Area Overlay Plan Report will include information gathered during the workshops, summarized appropriate support documentation, and the recommended Overlay Plan including Illustrative Plans and Exhibits. The preferred Overlay Plan will contain all elements typically outlined in a Land Development Code Zoning Overlay. These elements would likely include, but are not limited to the following: • Description of Each Zoning Overlay Subdistrict • Purpose and Intent • Applicability • Identification Map(s) • Illustrations • Definition of Newly Established Zoning Districts • Permitted Uses Associated with each Zoning District • Prohibited Uses Associated with each Zoning District • Accessory Uses Associated with each Zoning District • Conditional Uses Associated with each Zoning District • Parking Standards • Sign Requirements • Dimensional Standards: • Yard requirements • Building Heights o Floor Area • Building Setbacks • Fencing • Density • Landscaping Requirements • Buffer Requirements • Architectural Standards • Pedestrian and Streetscape Improvement Standards • Street Frontage Standards • Exemptions and Variance Procedures • Continuation of Existing Uses 19 16810 As well as any other standards or requirements deemed consistent with the overall goals of the Overlay Plan. Phase V— Implementation Final implementation of the zoning overlay(s) will require amendment(s) to the Land Development Code. The Consultant will play a central role in participating in the LDC Amendment (Public Hearing) Process, which requires review and approval by the Collier County Development Services Advisory Committee, Planning Commission, and Board of County Commissioners. 5.01 Final Presentation to the Bayshore /Gateway Triangle CRA Advisory Board The Consultant will make a final presentation on the revised Overlay Plan to the Bayshore /Gateway Triangle CRA Advisory Board. 5.02 Final Presentation to the CRA The Consultant will make a final presentation on the revised Overlay Plan to the CRA Board. 5.03 LDC Amendment Cycle Process The Consultant will assist CRA Staff in presenting and defending the zoning overlay plan(s) to the appropriate Advisory and Decision making Boards. END OF SCHEDULE A 20 SCHEDULE B 16A10 BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services ". B.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub - paragraphs: (a) expenses for transportation and subsistence incidental to out -of -town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project - related items in addition to those otherwise required in Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and 21 (d) expenses for renderings, models and mock -ups r u th b1 y O NER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE B. 22 I 6 10 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Phase 1- Proiect Organization and Analysis Phase H - Subdistrict Community Workshops Phase Ill - Review and Presentation of the Overlay Plan Phase IV- Detailed Overlay Plan Outlining Development Standards Phase V- Implementation Total Fee 23 $106,878.00 $103,042.00 $ 33,038.00 $ 76,320.00 $18,218.00 $337,466.00 16AI0 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE HDR Billing Rates/ Hour Personnel Rate /Hr. Officer $ 170.00 Sr. Project Manager $ 133.00 Project Principal Urban Design $ 138.00 Planner / Landscape Architect $ 83.00 Sr. Market Analyst $ 145.00 Sr. Traffic / Transportation Planner $ 135.00 Administrative / Clerical $ 57.00 24 0 0 0 N Ul I 0 0 cn 0 c� 16A10 H C] LTJ C=] CJ d LTJ SCHEDULE D INSURANCE COVERAGE 16A,10 (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 26 (7) Contractor/Consultant /Professional shall require each of its slc6thtlsO procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements 27 b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee 16A10 (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be 28 X10 maintained for a period of not less than five (5) years following the comp e ion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 _X—General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. 29 16A10 (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. Applicable X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. Applicable X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance 30 16 Ail 0 shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the.Work. (3) Property insurance shall be on an all -risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontrators in the Work. 31 (7) Waivers of Subrogation. The Owner and Contractor waive,1ll ' h JaQt (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. NIA All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $_ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $_ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 32 16A10 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any u.nderlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate _X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate 33 ILA1rn 1117 ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/01/2004 ATE (MM /DD/YY) 10/20/2003 TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER Lockton Companies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City Mo 64112 -1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL W. PURCHASING BUILDING "G" (816) 960 -9000 INSURERS AFFORDING COVERAGE INSURED HDR ENGINEERING, INC. INSURER A: ZURICH AMERICAN INS CO - O.P. KS INSURER B: AMERICAN GUARANTEE &LIAB ZURICH 1013472 ATT N: LOUIS J. PACHMAN INSURER C: SENTRY INSURANCE COMPANY 8404 INDIAN HILLS DRIVE INSURER 0: CONTINENTAL CAS V.O. SCHINNERER OMAHA, NE 68114 -4049 INSURER E: OHIO CASUALTY GROUP PROF RISK $ 5 000 SB L.Uvr_MAUES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I T12 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WIT FAILURE TO DO 30 SHALI_ PURCHASING BUILDING "G" EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GL03504583 1 06/01/2003 06/01/2004 MED EXP An one person) $ 5 000 CLAIMS MADE I] OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 POLICY PRO - X JECT X LOC B AUTOMOBILE X LIABILITY ANY AUTO BAP3504584 06/01/2003 06/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS BAP3504585 TAP3504586 X BODILY INJURY (Per accident) $ XXXXXXX HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC AUTO ONLY: AGG $ XXXXXXX ANY AUTO NOT APPLICABLE $ XXXXXXX E EXCESS LIABILITY X OCCUR CLAIMS MADE BX052852174 06/01/2003 06/01/2004 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ XXXXXXX UMBRELLA DEDUCTIBLE E FORM (EXCLUDES PROF. LIAB) XXXXXXX $ XXXXXXX RETENTION $ C WORKERS COMPENSATION AND 90- 14910 -01 06/01/2003 06/01/2004 X WCSTATIT 0TH - 'MS TORY E.L. EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE $ 1 000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER PLN113978408 06/01/2003 06/01/2004 PER CLAIM:$1,000,000, AGG: ARCHS & ENGS PROFESSIONAL $1,000,000. LIABILITY DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS COLLIER COUNTY AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY COVERAGE. Ac- d^ = Unr nco I . r .- CANCELLATION ATION ACORD 25 -S (7197) ® ACORD CORPORATION 7988 1896188 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BOARD OF COUNTY COMMISSIONERS COLLIER DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR - -TO -MAIL 30 DAYS WRITTEN COUNTY, FLORIDA ATTN: KELSEY WARD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WIT FAILURE TO DO 30 SHALI_ PURCHASING BUILDING "G" 3301 E. TAMIAMI TRAIL AUTHORIZED REPRESENTATIVE NAPLES FL 34112 ACORD 25 -S (7197) ® ACORD CORPORATION 7988 1® (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 34 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE 16A10 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, HDR Engineering, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning "Consultant Services for Preparation of a Land Development Overlay for Bayshore /Gateway Triangle Community Redevelopment Area (CRA) District" are accurate, complete and current as of the time of contracting. HDR Engineering, Inc. TITLE: Senior Vice President DATE: 35 MEMORANDUM Date: December 17, 2003 To: Amanda Townsend Parks and Recreation From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Florida Forever Grant Contract Agreements (2) (1)Barefoot Beach Outparcel (2)Lely Stormwater improvement Project Enclosed please find four (4) original documents as referenced above (Agenda Item #16133), as approved by the Board of County Commissioners on Tuesday, December 't.6, 2003. Please forward the documents on to the appropriate. parties for their signatures and return the fully executed documents back to the Minutes and Records Department for the official record. .A Y, If you should have any questions, please call me at 732 -2646, ext. 7240 Thank you. Enclosures Florida C ommmmuunufues Tr ust r, - fill Ms. Amanda Oswald Townsend i I Operations Coordinator 3300 Santa Barbara Blvd. Naples, FL 34116 RE: FCT Project Number: 03- 073 -FF3 Collier County The "Preserve the Preserve" Barefoot Beach Outparcel Dear Ms. Townsend: 16 B3 Enclosed please find a fully executed original of the Grant Contract for the above - referenced Florida Communities Trust Project. If you have any questions, please contact me at (850) 922 -2207 (SunCom 292 - 2207). Sincerely, Bryan Wirick Grants Specialist V DEPARTMENT OF COMMUNITY AFFAIRS • 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399 -2100 850/922 -2207 • SUNCOM 292 -2207 • FAX 850/921 -1747 �k§ FLOMDA COMMONITIES TKUST REMILS FCT Contract Number py- CT -T,.Ai o �? FLORIDA COMMUNITIES TRUST 03- 073 -FF3 THE "PRESERVE THE PRESERVE" BAREFOOT BEACH OUTPARCEL CSFA# - 52002 GRANT CONTRACT 16 83 THIS AGREEMENT is entered into on T /.i 200_% the date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY, local government of the State of Florida (Recipient). The intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement provisions of Sections 259.105. 259.105 1, and Chapter 380, Part III. Florida Statutes (F.S.). WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal management elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of twenty - two percent (22 %) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments and nonprofit environmental organizations through the FCT for acquisition of community -based projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation areas to implement local comprehensive plans; WHEREAS, the Bonds are issued as tax - exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; 03- 073 -FF3 11/10/2003 Preacquisition -1- 16 83 WHEREAS, Rule Chapter 9K -7, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Florida Forever Trust Fund; WHEREAS, the FCT Governing Board met on October 2 - 3, 2003, to score, rank, and select projects to receive approval for funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K -7, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K- 7.009(1), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, Rule 9K- 7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of local match, provided that real property owned by the Recipient was acquired by the Recipient within 24 months prior to the application deadline for which the application was made. The date of this application deadline was June 10, 2003; WHEREAS, the Recipient acquired the fee simple title to the entire Project Site on DECEMbER 2„l, 2.001 (Insert date[s])from RICKY !;TAUFFEP (Insert Seller name[s]); WHEREAS, the Recipient has requested disbursement of FCT Florida Forever Bond proceeds from FCT subsequent to the closing on the acquisition of the Project Site for the project costs expended for the acquisition of the Project Site by the Recipient; and WHEREAS, the purpose of this Agreement is to set forth the conditions of approval that must be satisfied by Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its cost reimbursement with the Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399 -2100, as soon as possible and before December 11, 2003. If Recipient requires more than one original document, the Recipient should photocopy the number of additional copies needed, and then execute each as an original document. Upon receipt of the signed Agreements, FCT will execute 03- 073 -FF3 11/10/2003 Preacquisition -2- the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. This Agreement between the parties sets forth the requirements and responsibilities for cost reimbursement and management of the Project Site, described in the application that was submitted and selected for funding by FCT (Application). 3. Approval for funding shall be until April 3, 2004 (Expiration Date). In the event that the Project Plan described in Section V. below has not been approved by the Expiration Date, this Agreement shall be terminated. The FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension must be made in writing to FCT, fully explaining the reason for the delay and why the extension is necessary. If the Recipient does not request an extension, or if an extension is not granted to the Recipient by the FCT, the Florida Forever award granted to the Recipient shall terminate and all obligations hereunder shall cease. 4. This Agreement may be terminated before its Expiration Date at the written request of the Recipient. Such a request shall fully describe the circumstances that compel the Recipient to terminate the project. A request for termination should be mailed to the FCT at the address given in paragraph 1 above. 5. This Agreement may be terminated before its Expiration Date by the FCT if it is determined by the FCT that no significant progress is being made toward Project Plan approval, non - performance by the Recipient of the requirements listed or that other circumstances are present that would, in all likelihood, preclude or prevent the successful reimbursement for the acquisition costs for the Project Site within the established time frame. Prior to termination, notice of the proposed termination shall be mailed to the Recipient at the address given in paragraph 13 below. 6. Recipient agrees to submit the documentation to FCT that is required in this Agreement as soon as possible so that the Project Site acquisition costs may be reimbursed in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being terminated by FCT. It is the responsibility of the Recipient and its representatives to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. The Recipient shall provide a monthly status report to FCT of progress towards reimbursement of the acquisition project costs. 03- 073 -FF3 11/10/2003 Preacquisition -3- 7. The FCT Florida Forever award granted to the Recipient will in no event exceed the lesser of Forty Percent (40.00 %) of the final total eligible project costs, as defined in Rule 9K- 7.002(29), F.A.C., or One Million Nine Hundred Nine Thousand Two Hundred Dollars And No Cents ($1,909,200.00), unless the FCT approves a different amount, after determination of the Maximum Approved Purchase Price as provided in Rule 9K- 8.007, F.A.C., and which shall be reflected in an addendum to this Agreement. The amount of the grant shall not exceed the Limitation of Award provided in Rule 9K- 7.003(3), F.A.C., and as advertised in the Notice of Application. 8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate of total project costs in its Application, as well as limits on awards in the notice of application period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total project costs, defined in Rule 9K -7.002 (29), F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that comply with requirements set forth in Rule 9K- 8.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above. 9. The FCT Governing Board has selected the Recipient's Application for funding to acquire the entire Project Site identified in its Application. The FCT reserves the right to withdraw or adjust the FCT award if the acreage that comprises the Project Site is reduced or the project design in changed so that the objectives of the acquisition cannot be achieved. Any request for modification of the boundary of the Project Site identified in the Recipient's Application may be considered by the FCT following the procedures for submission and review of boundary modification requests set forth in Rule 9K- 7.010, F.A.C. 10. The FCT funds shall be delivered either in the form of eligible project costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. FCT award funds shall only be delivered after FCT approval of the Project Plan and terms of the acquisition of the Project Site. FCT will prepare a grant reconciliation statement prior to the reimbursement that will evidence the amount of local match, if any is required, provided by the Recipient. Funds expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 11. The Recipient's local match, if any is required, shall be delivered either in the form of eligible project costs prepaid to vendors by the Recipient; purchase price paid to Seller; or eligible documented donation by Seller of land value. The funds expended by the Recipient for eligible project costs incurred by the Recipient will be recognized as part of the local match, if any is required, on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event that preacquired land or donated land value is the source of local match, if any is required, the value attributed to the local match shall be determined after an appraisal report(s) that complies with the procedures and requirements set forth in Rule 9K- 8.007, F.A.C. is reviewed and approved by FCT prior to FCT funds being delivered for the project. 03- 073 -FF3 11/10/2003 Preacquisition -4- 16 B3 12. The Recipient shall provide the required appraisal(s) for review by a date not to exceed 90 days after execution of this Agreement. FCT will review the appraisals and. upon approval, will determine the Maximum Approved Purchase Price as provided in Rule 9K- 8.007(5) and (6), F.A.C., for FCT reimbursement. 13. Recipient hereby notifies the FCT that the following administrator, officer, or employee is the authorized key contact, or project manager, on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: ANAWbA DSWAt -D TdyVN5END Title: (�PERPiT"101�1S COOKDIPAToR Address: 3300 SA KJTA BARBARA 8 LVD• NAPLES I, FL . 34 UG Phone: 239 -353-C;>+O`f Fax: 23R- 353 JOOZ Email: 43mandatowns6r)dO 1Jiergay.net All contact and correspondence from FCT to the Recipient will be through the key contact. The Recipient must notifil the FCT as to any change in the authorization of the key contact on behalf of the Recipient named above. This notification must be made in writing to the Executive Director and signed by the appropriate authorized administrator, officer, or employee or named in paragraph II1.4. below. 14. This Agreement may be amended at any time and must be set forth in a written instrument and agreed to by both the FCT and the Recipient. Such amendments shall become a part of this Agreement. II. AUDIT REQUIREMENTS Section 215.97, Florida Statutes, the Florida Single Audit Act, provides uniform state audit requirements for state financial assistance provided by state agencies over the audit threshold as defined in that Section as follows: 1. The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 2. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by FCT. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 03- 073 -FF3 11/10/2003 Preacquisition -5- 3. The Recipient shall also provide FCT with the records, reports or financial 16 83 statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 4. In the event that the Recipient expends a total amount of State financial assistance from all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. Section I.7. above indicates State financial assistance through FCT by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, except that State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by FCT as a grant appropriation. 03- 073 -FF3 11/10/2003 Preacquisition a. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. b. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified in (d) below , shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and State of Florida Auditor General Room 401 574, Claude Pepper Building I 11 West Madison Street Tallahassee, Florida 32302 -1450 d. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 and 10.650, Rules of the Auditor General. W 1.6 8 e. If the Recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 5. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non - compliance. 6. The Recipient shall retain all financial records, supporting documents statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Florida Statutes, by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. III. AFFIRMATIONS, ANNUAL STEWARDSHIP REPORT, AUTHORIZED EXECUTOR AND FEDERAL EMPLOYEE IDENTIFICATION NUMBER. By execution of this Agreement, the Recipient affirms that: 1. the Recipient is ready, willing and able to provide the local match, if any is required; 2. the Recipient reaffirms the representations made in its Application; 3. the Recipient shall, on January 30 of each year after FCT reimbursement for project costs for the acquisition of the Project Site, prepare and submit to FCT an annual stewardship report as required by Rule 9K -7.013 , F.A.C.; 4. the Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including but not limited to the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan, and Grant Award Agreement. 03- 073 -FF3 11/10/2003 Preacquisition -7- B Name: i17NN �U1�11�IUGI i Title: pUOLIC SERvices AtmlN ISTM-Vok Address: X381 'TAMlAM1 TRAIL S . NAPUVS,FL41N- Phone: 2 t- '1'�g'- 91+V9 Fax: 2.3F1- 732 -2525 Email: johndunnuCk @ Golbe -Nnv, net The Recipient must notify the FCT as to any change in the authorization of the administrator, officer or employee named in this paragraph to execute all documents on behalf of the Recipient. This notification must be made in writing to the Executive Director and signed by the appropriate administrator, officer or employee. 5. the Recipient hereby notifies the FCT that the Recipient's Federal Employer Identification Number is q - 60Wj5$ IV. MANAGEMENT PLAN APPROVAL 1. Prior to approval of the Project Plan (described in Section V below), and final disbursement of award funds by FCT, the Recipient must prepare a Management Plan that complies with Rule Chapter 9K- 7.011, F.A.C., and addresses the criteria and conditions set forth in Sections IV, VI, VII, VIII, and IX herein. Recipient is strongly urged to coordinate with the FCT staff in order to ensure that the FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the project and delivery of FCT funds. 2. The Management Plan, which is intended to explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement, shall include the following: 03- 073 -FF3 11/10/2003 Preacquisition a. An introduction containing the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. The identification of known natural resources including natural communities, listed plant and animal species, soil types, surface and groundwater characteristics. d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. -8- 16 B3 A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of how the management will be coordinated with other agencies and public lands, if applicable. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 1. A schedule for implementing the development and management activities of the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan must include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient must also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F.S., the Recipient(s) shall be required to provide the FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, the FCT may: require the Recipient to post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; require the Recipient to establish an endowment or other fund in an amount sufficient to ensure performance; require a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Nonprofit Environmental Organization Recipient is unable to, and may require 03- 073 -FF3 11 /10 /2003 Preacquisition -9- 401 the Local Government to be a named co-signer ner on the Grant Award Agreement; or require sib other assurances as the Governing Board may deem necessary to adequately protect the public interest. V. PROJECT PLAN APPROVAL 1. Prior to final disbursement of award funds by FCT, the Recipient must prepare a Project Plan that complies with Rule 9K- 8.011, F.A.C. This Project Plan is a compilation of the following items listed below, which must be reviewed and approved by FCT. The Project Plan shall include, and shall not be considered by FCT unless it includes all of the following documents, to be reviewed and approved by FCT to ensure that the interest of the State of Florida will be protected: 03- 073 -FF3 11/10/2003 Preacquisition a. The following closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between Recipient and R(Ck-4 0,)T- AUFFC-R (Insert name[s] of Seller[s]). (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcels. (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K- 8.006, F.A.C., and dated within 90 days of the date of acquisition of the parcel(s) by Recipient. (5) A copy of the title insurance policy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within 45 days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K- 8.012(4), F.A.C. b. A letter from FCT indicating approval of the Management Plan written according to Rule Chapter 9K -7.01 1, F.A.C., and as described in Section IV above. me M c. A statement of the total Project Cost as defined in Rule Chapter 9K- 7.002(29), F.A.C. d. A statement of the amount of the award being requested from the FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. Additional documentation as may be requested by FCT to provide Reasonable Assurance as set forth in Section IVA. above. 2. The FCT strongly encourages the Recipient to request a courtesy review of its Project Plan prior to submission of the Project Plan for approval and release of funds. FCT will recommend approval of complete and accurate Project Plans or disapproval of incomplete or insufficient project plans. Reimbursement for project costs may be made only after FCT approval of the Project Plan. VI. REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, F.S. RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3). F.S. Such approval is deemed given when the FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. Title to the Project Site shall be titled in the Recipient. 3. Each parcel to which the Recipient acquires title in the Project Site shall be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.051 and 380.510, F.S.; Section I I(e), Article VII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund or another local government or non - profit organization upon failure to use the Project Site conveyed thereby for such purposes. 03- 073 -FF3 11/10/2003 Preacquisition -ll- 16 R3 4. A Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 3 above and describing the real property subject to the Agreement shall be executed by the FCT and Recipient at the time of the reimbursement for the Project Site and shall be recorded in the county in which the Project Site is located. The Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the Grant Award Agreement are contained in this Agreement, with the exception of statements that do not survive the reimbursement for costs for the acquisition of the Project Site. 5. If any essential term or condition of the Grant Award Agreement is violated, and the Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring title to the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 6. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 7. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title and to manage the Project Site. VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the reimbursement for costs of the Project Site, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement for costs for the acquisition of the Project Site. 2. Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. 3. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by the FCT as a part of the Project Plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 03- 073 -FF3 11/10/2003 Preacquisition sm 16 g3 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non- native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, F.S., to impose conditions for funding on Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including without limitation the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities ", may be disallowed on the Project Site, as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: 03- 073 -FF3 11/10/2003 Preacquisition any sale or lease of any interest in the Project Site to any person or organization; the operation of any concession on the Project Site by any person or organization; any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. -13- 16 B3 3. if the Project Site, after its acquisition by the Recipient and /or the Trustees, is to remain subject to any of the "disallowable activities ", the Recipient shall provide to FCT at least 60 calendar days advance written notice of any such transactions, events, and circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest for FCT approval. 4. In the event that FCT determines at any time that the Recipient is engaging or allowing others to engage in disallowable activities on the Project Site, the Recipient agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of written notice from the FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against Recipient for any disallowable activity on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The Management Plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K- 7.009(1), F.A.C.: 1. Two or more resource -based outdoor recreational facilities including a pavilion and nature trail, shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the project site without causing harm to those resources. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust and Collier County. 3. An interpretive kiosk shall be provided to educate visitors about the natural environment and unique history of the Project Site. 03- 073 -FF3 11/10/2003 Preacquisition -14- 16 R3 4. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural and historic resources shall be provided at the project site. 5. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 6. The beach dune, maritime hammock, and tidal swamp communities that occur on the project site shall be restored and appropriately managed to ensure the long -term viability of these communities. 7. The project site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the project site, including sea turtles, listed wading and shore birds, gopher tortoises, and eastern indigo snakes. The development of the management plan shall be coordinated with the Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability of listed and non- listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 8. Approximately half of the project site has been colonized by invasive exotic vegetation. Exotic vegetation shall be removed and appropriate native vegetation shall be planted to restore the upland in terms of biological composition and ecological function. 9. An ongoing monitoring and control program for invasive vegetation including exotic (non- native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 10. A feral animal removal program shall be developed and implemented for the project site. 11. An archaeological survey shall be preformed for any area within the project site proposed for development prior to the commencement of proposed development activities in that area. All planned activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. A protection plan shall be developed and implemented in conjunction with the Division of Historic Resources for the protection of know historic site located on the project site. 12. The nature trail and pavilion shall be located in such a manner that these facilities will have minimal impact on the natural resources on the project site. 03- 073 -FF3 11/10/2003 Preacquisition -15- 16 R3 13. The project site shall be protected and managed as part of linked conservation lands and wildlife corridor extending from Barefoot Beach Preserve to Delnor- Wiggins State Recreation Area. 14. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 15. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. This Agreement including Exhibit "A ", if required, embodies the entire agreement between the parties. THE FLORIDA COMMUNITIES TRUST'S OBLIGATION TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. COLLIER C NTY 0 By c' Print Name: YYI. Title: iJ' (1��C- S�Q•1'� Date: Approved as to Form and Legality: Print 1Va1, §1i..• ' f ATTEST: . DWIGHT E.'8RQCK, CWRte t.' 11x.11 -� P.0 Depu 9 Attest s' Y:a - ChAll r,"ft S signature fly• Assistant unt;,y Ahoy ey 03- 073 -FF3 11/10/2003 Preacquisition FLOG UI A COY%Af TNITIES TRUST By:� '- Jinic Browning Exe uwe ,,d cr/ Date: // -16- Approve �tfo�rmand Legality: B Trust Counsel 1C4,U irk C. Cae,v item # I (0 B 3 Agenda i Date Date '4 a'Lt) y Recd 1693 FCT Contract Number -CT- FLORIDA COMMUNITIES TRUST 03- 018 -FF3 LELY MITIGATION PARK CSFA# - 52002 GRANT CONTRACT THIS AGREEMENT is entered into on a Agreement, 200_, the date the last party executes this A eement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY, local government of the State of Florida (Recipient). The intent of this Agreement is to impose terms and conditions on the use -of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement provisions of Sections 259.105, 259.1051, and Chapter 380, Part III, Florida Statutes (F.S.). WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal management elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of twenty- two percent (22 %) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Dep:'rtment to provide land acquisition grants to local -governments and nonprofit environmental organizations through the FCT for acquisition of -community-based projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation areas to implement local comprehensive plans; WHEREAS, the Bonds are i ued as tax - exempt bonds, meaning that the interest on the Bonds is excluded from the gross inc o ne of bondholders for federal income tax purposes; 03 -018 -FF3 11/10/2003 Preacquisition .4 WHEREAS, Rule Chapter 9K -7, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Florida Forever Trust Fund; WHEREAS, the FCT Governing Board met on October 2 - 3, 2003, to score, rank; and select projects to receive approval for funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K -7, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K- 7.009(1), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, Rule 9K- 7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of local match, provided that real property owned by the Recipient was acquired by the Recipient within 24 months prior to the application deadline for which the application was made. The date of this application deadline was June 10, 2003; WHEREAS, the Recipient acquired the fee simple title to the entire Project Site on °' ` , c ' (Insert date[s])from „e.s}w, ,ti,,,,i "" - 144D rv1144E( =�= C + Mpif+i- ' o Cr- &-S!W*"FA• .5rW+4C1Vnsert Seller name[s]).; WHEREAS, the Recipient has requested disbursement of FCT Florida Forever Bond proceeds from FCT subsequent to the closing on the acquisition of the Project Site for the project costs expended for the acquisition of the Project Site by the Recipient; and WHEREAS, the purpose of this Agreement is to set forth the conditions of approval that must be satisfied by Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its cost reimbursement with the Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: 1. GENERAL, CONDITIONS 1. At least two original copies of this Agreement shall be executed by the Reel dent and returned to the FCT office a., 2555 Shumard Oak Boulevard, Tallahassee, FL 32399 -210' 1 as soon as possible and before December 11, 2003. If Recipient requires more than one origina document, the Recipient should photocopy the number of additional copies needed, and then execute each as an original document. Upon receipt of the signed Agreements, FCT will execute 03- 018 -FF3 11/10/2003 Preacquisition -2- the Agreements, retain one original copy and return all other copies that have been executed to 3 the Recipient. 2. This Agreement between the parties sets forth the requirements and responsibilities for cost reimbursement and management of the Project Site, described in the application that was submitted and selected for funding by FCT (Application). 3. Approval for funding shall be until April 3. 2004 (Expiration Date). In the event that the Project Plan described in Section V. below has not been approved by the Expiration Date, this Agreement shall be terminated. The FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension must be made in writing to FCT, fully explaining the reason for the delay and why the extension is necessary. If the Recipient does not request an extension, or if an extension is not granted to the Recipient by the FCT, the Florida Forever award granted to the Recipient shall terminate and all obligations hereunder shall cease. 4. This Agreement may be terminated before its Expiration Date at the written request of the Recipient. Such a request shall fully describe the circumstances that compel the Recipient to terminate the project. A request for termination should be mailed to the FCT at the address given in paragraph 1 above. 5. This Agreement may be terminated before its Expiration Date by the FCT if it is determined by the FCT that no significant progress made toward Project Plan approval. non - performance by the Recipient of the requirements b isted or that other circumstances are present that would, in all likelihood, preclude or prevent the successful reimbursement for the acquisition costs for the Project Site within the established time frame. Prior to termination. notice of the proposed termination shall be mailed to the Recipient at the address given in paragraph 13 below. 6. Recipient agrees to submit the documentation to FCT that is required in this Agreement as soon as possible so that the Project Site acquisition costs may be reimbursed in an expeditious manne? . Deadlines stated in this Agreement, as well as deadlines ;)9sociated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines may -result in delays in the project, may result in allocation of time or resources to other recipients that responded time;v, and may result in this Agreement being terminated by FCT. It is the responsibi:ity of the Recipient and its representatives to know all projc,.t deadlines, to devise a method of r�,onitoring the project, and to adhere to all deadlines. The k� cipient shall provide a monthly sta us report to FCT of progress towards reimbursement of the acquisition project costs. 03- 018 -FF3 11/10/2003 Preacquisition -3- 7. The FCT Florida Forever award granted to the Recipient will in no event exceed the lesser of Forty Percent (40.00 %) of the final total eligible project costs, as defined in Rule 9K- 7.002(29), F.A.C., or One Million One Hundred Six Thousand Seven Hundred Eighty Seven Dollars And Eighty Cents ($1, 106,787.80), unless the FCT approves a different amount, after determination of the Maximum Approved Purchase Price as provided in Rule 9K- 8.007, F.A.C., and which shall be reflected in an addendum to this Agreement. The amount of the grant.shall not exceed the Limitation of Award provided in Rule 9K- 7.003(3), F.A.C., and as advertised in the Notice of Application. S. The grant amount stated in paragraph 7 above is based on the Recipient's estimate of total project costs in its Application, as well as limits on awards in the notice 'of application period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total project costs, defined in Rule 9K -7.002 (29), F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that comply with requirements set forth in Rule 9K- 8.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above. 9• The FCT Governing Board has selected the Recipient's Application for funding to acquire the entire Project Site identified in its Application. The FCT reserves the right to withdraw or adjust the FCT award if the acreage that comprises the Project Site is reduced or the project design in changed so that the objectives of the acquisition cannot be achieved. Any request for modification of the boundary of the Project Site identified in the Recipient's Application may be considered by the FCT following the procedures for submission and review of boundary modification requests set forth in Rule 9K- 7.010, F.A.C. 10. The FCT funds shall be delivered either in the form of eligible project costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. FCT award funds shall only be delivered after FCT approval of the Project Plan and terms of the acquisition of the Project Site. FCT will prepare a grant reconciliation statement prior to the reimbursement that will evidence the amount of local match, if any is required, provided by the Recipient. Funds expended by the FCT for eligible project costs incurred by the FCT will be recognized is part of the FCT grant award amount on the grant reconci'iation statement. 11. The Recipient's local match, if any is required, shall be delivered either in the form of eligible project costs prepaid to vendors by the Recipient; purchase price paid to Seller; or eligible docurlented donation by Seller of land value. The funds expend, d by the Recipient for eligible pro e t costs incurred by the Recipient will be recognized as PLrt of the local match, if any is required, on the grant reconciliation statement prepared pursuant t ; paragraph 10 above. In the event that preacquired land or donated land value is the source of local match, if any is required, the value attributed to the local match shall be determined after an appraisal report(s) that complies with the procedures and requirements set forth in Rule 9K- 8.007, F.A.C. is reviewed and approved by FCT prior to FCT funds being delivered for the project. 03- 018 -FF3 11/10/2003 Preacquisition -4- IAR 4� 1�� , I 12. The Recipient shall provide the required appraisal(s) for review by a date not to exceed 90 days after execution of this Agreement. FCT will review the appraisals and, upon approval, will determine the Maximum Approved Purchase Price as provided in Rule 9K- 8.007(5) and (6), F.A.C., for FCT reimbursement. 13. Recipient hereby notifies the FCT that the following administrator, officer, or employee is the authorized key contact, or project manager, on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: A Title: 1'3- i rQ if) r� i i' 1L Address: .z,c'i�s>:� Phone: (Z10-1-1,1 - v 15 2 Fax: LZ� Email: �E�;�}2�z,'��ti cam,., All contact and correspondence from FCT to the Recipient will be through the key contact. The The Recipient must notify the FCT as to any change in the authorization of the key contact on behalf of the Recipient named above. This notification must be made in writing to the Executive Director and signed by the appropriate authorized administrator, officer, or employee or named in paragraph III.4. below. 14. This Agreement may be amended at any time and must be set forth in a written instrument and agreed to by both the FCT and the Recipient. Such amendments shall become a part of this Agreement. II. AUDIT REQUIREMENTS Section 215.97, Florida Statutes, the Florida Single Audit Act regi.irements for state financial assistance provided by state a ncoiesdover the audit to audit as defin,A in that Section as follows: p g . 1. The Recipient agrees to maintain financial procec'ures and support documents, in acco, dance with generally accepted accounting principles, to I.c,..ount for the receipt and expes-diture of funds under this Agreement. 2. These records shall be available at all reasonable tines for inspection, review, or audit by state personnel and other personnel duly authorized by FCT. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 03- 018 -FF3 11/10/2003 Preacquisition -5- 3. The Recipient shall also provide FCT with the records .148 statements u � s� fi cial upon request for the purposes of audit' this Agreement. auditing and monitoring the funds awarded under 4. In the event that the Recipient expends a total amount of State financial assistance from all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. Section I.7. above indicates State financial assistance through FCT by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, except that State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by FCT as a grant appropriation. 03- 013 -FF3 11/10/2003 Preacquisition a. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. b. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified in (d) below , shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and State of Florida Auditor General Room 401 574, Claude Pepper Building 111 West Madison S,`reet Tallahassee, Florida 3230? -1450 d. In connection with the audit requirviiients addressed above, the Recipient shall ensure that the audit complies -, lith the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 and 10.650, Rules of the Auditor General. Im } 3 168 If the Recipient expends less than $300.0001 State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 5. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non - compliance. 6• The Recipient shall retain all financial records, supporting documents statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Florida Statutes, by an independent certified public accountant (IPA) who shall either be a cert ified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. III. AFFIRMATIONS, ANNUAL STEWARDSHIP REPORT, AUTHORIZED EXECUTOR AND FEDERAL EMPLOYEE IDENTIFICATION NUMBER. By execution of this Agreement, the Recipient affirms that: 1. the Recipient is ready, willing and able to provide the local match, if any is required; 2. the Recipient reaffirms the representations made in its Application; 3. the Recipient shall, on January 30 of each year after FCT reimbursement for project costs for the acquisition of the Projec* Site, prepare and submit to FCT an annual stewardship report as required by Ruie )K -7.013 , F.A.C.; 4. the Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including but not limited to the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan, and Grant Award Agreement. 03 -018 -F F3 11/10/2003 Preacquisition -7- Name: N t; [� r� 1rEt7 E1Z Title: ,� nit �.., it=P4 ,cEi- Address: Zb T S P— ftla- DvLk vr- I.-- l t4- Pi— 3%*-I to y Phone: (7351 71ti - B 1 g 2 Fax• �Z3c,>'�1 y --Of l Email: The Recipient must notify the FCT as to any change in the authorization of the administrator, officer or employee named in this paragraph to execute all documents on behalf of the Recipient. This notification must be made in writing to the Executive Director and signed by the appropriate administrator,. officer or employee. 5. the Recipient hereby .notifies the FCT that the Recipient's Federal Employer Identification Number is - ooe -;,5 IV. MANAGEMENT PLAN APPROVAL I . Prior to approval of the Project Plan (described in Section V below), and final disbursement of award funds by FCT, the Recipient must prepare a Management Plan that complies with Rule Chapter 9K- 7.011, F.A.C., and addresses the criteria and conditions set forth in Sections IV, VI, VII, VIII, and IX herein. Recipient is strongly urged to coordinate with the FCT staff in order to ensure that the FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the project and delivery of FCT funds. 2. The Management Plan. which is intended to explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement, shall include the following: a. An introduction c )ntaining the project name, location and other background information relevant to management. b. The stated purpost for acquiring the Project Site as proposed in the Application and;, p ioritized list of management objectives. C. The identification c.� known natural resources including natural communities, listed t -lant and animal species, soil types, surface and groundwater characteristics. d. A detailed description of all proposed uses including existing and 03 -018 -FF3 proposed physical improvements and the impact on natural resources. 11/10/2003 Preacquisition -8- e. A detailed description of proposed restoration or enhancement activities. if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. Cr. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of how the management will be coordinated with other agencies and public lands, if applicable. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 1. A schedule for implementing the development and management activities of the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan must include a signed agreement between the Recipient and the managing entitv stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient must also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the managem .nt of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III. F.S., the Recipient(s) -shall be required to provide the FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial ,•psources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient 3oes not include at least one Local jovemment, the FCT may: require the Recipient to post a performance or other bond in an -:mount sufficient to ensure that the Project Site shall be reasonably and professionally ma:iaged in perpetuity; require the Recipient to establish an endowment or other fund in an amount sufficient to ensure performance; require a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Nonprofit Environmental Organization Recipient is unable to, and may require 03- 018 -FF3 11/10/2003 Preacquisition u the Local Government to be a named co- signer on the Grant Award Agreement; or require such other assurances as the Governing Board may deem necessary to adequately protect the public interest. V. PROJECT PLAN APPROVAL 1. Prior to final disbursement of award funds by FCT, the Recipient must prepare a Project Plan that complies with Rule 9K- 8.011, F.A.C. This Project Plan is a compilation of the following items listed below, which must be reviewed and approved by FCT. The Project Plan shall include, and shall not be considered by FCT unless it includes all of the following documents, to be reviewed and approved by FCT to ensure that the interest of the State of Florida will be protected: 03- 018 -FF3 11/10/2003 Preacquisition a. The following closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between Recipient and 5+�-i' - r�,.�:sP,yAff� Av;!, MW'MA` e. 1;ilnartt�► rcPL TV -Vii kiw ;)rA -T►y- kAr.4 -L ,F (Insert name[s] of Seller[s]). Bar- N•�� -D nn.�aa�„�v� (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcels. (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K- 8.006, F.A.C., and dated within 90 days of the date of acquisition of the parcel(s) by Recipient. (5) A copy of the title insurance policy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if prem'um was paid by Recipient, and all. documents referenced in the title policy(s). (5) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification witu a 45 days of the date of acquisition of the parcel(s) by Recipient, tw,� ether with the statement required by Rule 9K- 8.012(4), F.A.C. b. A letter from FCT indicating approval of the Management Plan written according to Rule Chapter 9K- 7.011, F.A.C., and as described in Section IV above. -10- 1663'"" C. A statement of the total Project Cost as defined in Rule Chapter 9K- 7.002(29), F.A.C. d. A statement of the amount of the award being requested from the FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. Additional documentation as may be requested by FCT to provide Reasonable Assurance as set forth in Section IVA. above. 2. The FCT strongly encourages the Recipient to request a courtesy review of its Project Plan prior to submission of the Project Plan for approval and release of funds. FCT will recommend approval of complete and accurate Project Plans or disapproval of incomplete or insufficient project plans. 3. Reimbursement for project costs may be made only after FCT approval of the Project Plan. VI. REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, F.S. RECIPIENT AGREES AS FOLLOWS: I . FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. 2. Ti +le to the Project Site shall be titled in the Recipient. 3. Each parcel to which the Recipient acquires title in the Project Site shall be subject to such cc z,enants and restrictions as are, at a minimum, sufficient to ttisure that the use of the Project Site, t all times complies with Section 375.051 and 380.510, F.F.; Section I I(e), Article VII of thk• `.tate Constitution; the applicable bond indenture under w16(,h the Bonds were issued; and any pro',ision of the Internal Revenue Code or the regulations proiralgated thereunder that pen- tin to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund or another local government or non - profit organization upon failure to use the Project Site conveyed thereby for such purposes. 03 -018 -FF3 11/10/2003 Preacquisition -Il- 16'R 4. A Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 3 above and describing the real property subject to the Agreement shall be executed by the FCT and Recipient at the time of the reimbursement for the Project Site and shall be recorded in the county in which the Project Site is located. The Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the Grant Award Agreement are contained in this Agreement, with the exception of statements that do not survive the reimbursement for costs for the acquisition of the Project Site. 5. If any essential term or condition of the Grant Award Agreement is violated, and the Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring title to the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 6. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 7. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title and to manage the Project Site. VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING I . Following the reimbursement for costs of the Project Site. the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement for costs for the acquisition of the Project Site. 1 Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this, Agreement comply with all applicable local, state, regional and federal laws and _regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. 3. The Recipient shall, through its agents and employe °s, prevent the unauthorized use ofthc: Project Site or any use thereof not in conformity with the t- anagement Plan approved by the FC as a part of the Project Plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 03- 018 -FF3 11/10/2003 Preacquisition -12- 16R3'� 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non - native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the - Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510. F.S., to impose conditions for funding on Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including without limitation the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. ?. Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities ", may be disallowed on the Project Site, as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: 03- 018 -FF3 11/10/2003 Preacquisition any sale or lease of any interest in the Project Site to any person or organization; b. the operation of any concession on the Project Site by any person or organization; any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by ar y person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issu, nc -- of any series of Bonds from which the disbursement is to be made; f. a management contract of the Proji et Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. -13- 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the "disallowable activities ", the Recipient shall provide to FCT at least 60 calendar days advance written notice of any such transactions, events, and circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest for FCT approval. 4. In the event that FCT determines at any time that the Recipient is engaging or allowing others to engage in disallowable activities on the Project Site, the Recipient agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of written notice from the FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against Recipient for any disallowable activity on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The Management Plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K- 7.009(1), F.A.C.: 1. Two or more resource -based outdoor recreational facilities including a nature trail and wildlife observation deck, shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation,. and appreciation of the natural resources on the project site without causing hams to those resources. 2. A permanent recognition sign shall be maintz *ned in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is opeo to the public and was purchased with funds from the Florida Communities Trust and Collier County. 3. Interpretive signs shall be provided to educate visitors about the natural environment of the Project Site. 03- 018 -FF3 11/10 /2003 Preacquisition -14- I F R 3- 4. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 5. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long -term viability of these communities 6. The project site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the project site, including red - cockaded woodpeckers. The development of the management plan shall be coordinated with the Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability of listed and non - listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 7. A vegetation analysis of the Project Site shall be performed to determine which areas of the Project Site need a prescribed burn regime implemented to maintain natural fire- dependent communities. If a prescribed burn regime is found to be necessary and feasible, the development of a prescribed burn plan shall be coordinated with the Division of Forestry and the Florida Fish and Wildlife Conservation Commission. 8. The water quality and natural hydrology of adjacent surface waters and downstream estuaries shall be protected and enhanced through the implementation of appropriate watershed management techniques. 9. Approximately 10 acres of degraded upland communities shall be restored in terms of biological composition and ecological function. 10. Approximately 58 acres of disturbed wetlands shall be restored to a natural condition in terns of biological composition and ecological function. The invasive exotic vegetation will be removed and the area replanted with native vegetation. 11. An ongoing monitoring and control program for invasive vegetation including exotic (non- native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 12. A feral animal removal program stall be developed and implemented for dogs, cats, hogs, and other non - native wildlife that may b - found on the project site. 13. Management of the project site shall be coordinated with the land managers of other conservation and preservation lands in the project area, including the adjacent 10 -acre mitigation site. 03- 013 -FF3 11/10/2003 Preacquisition -15- 7, .1. 3 14. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 15. The location and design of the parking facility and other recreational improvements shall be designed to have minimal impacts on natural resources. The parking area shall incorporate pervious material wherever feasible. 16. Bike parking stands shall be installed at the project site to provide an alternative to automobile transportation to the project site. 17. The development and management of the project site shall be coordinated with the agencies managing the Collier County Comprehensive Pathways Plan, to ensure the project site is managed as part of a linked trail system. 18. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 19. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. This Agreement including Exhibit "A ", if required, embodies the entire agreement between the parties. THE FLORIDA COMMUNITIES TRUST'S OBLIGATION TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. COLLIER C TY By: Print Name_ Title:�;�y Date: FLORIDA COMMUNITIES TRUST By: Janice Browning Executive Director Date: Appr nti 1_egality: Approved as to Form and Legal,.,./: By. Print Valk ,�.� Trust Cougm ATTEST: DWIGHT Ac, 03- 018 -FF3 �:Depu rk . 11/10/2003 At'• d = Chi i ei= Preacquisition i . MEMORANDUM Date: December 17, 2003 To: Kevin Hendricks, Right -of -Way Manager Transportation Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Purchase Agreement: Project - Santa Barbara Blvd. #62081 Parcels 120 & 121 Please find enclosed one original document the referenced above, above, (Agenda Item #16B5), as approved Commissioners on December 16, 2003. Upon closing, please return the original to Minutes and Records for the official file. If you should have any questions, please call me at 774 -8406. Thank you. Enclosure PROJECT: SANTA BARBARA BOULEVARD 62081 1605 PARCEL No: 120 & 121 FOLIO Nos: As to parcel 120= #38170080003 As to parcel 121= #38170040001 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this I6A day of 14&;e _box- , 2003, by and between PARKWAY CHURCH OF CHRIST, INC., a FLORIDA Non - Profit Corporation, f /k/a/ GOLDEN GATE CHURCH of CHRIST, Inc., a FLORIDA Non - Profit Corporation (hereinafter referred to as "Owner "), whose address is 3001 Santa Barbara Boulevard, Naples, Florida 34116 -7427, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser "); WHEREAS, Purchaser requires a fee estate in that land described in Exhibits "A & B" (hereinafter collectively referred to as the "Property "), which are attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of w' rich is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $598,754.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing "). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; as well as those considerations as identified in the September 12`" letter attached hereto as exhibit "C ", and the written Agreement, including all exhibits attached hereto, and shall Purchase Agreement Purchase Agreement Page 2 constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. \0f all ' demnify, d nd, save d hold har ss the Purc ser against and reimburse Purchase ith respect , any and damages, abilities, laws, cost and expe es (inclu without limitation paraleg and attorne ees and a enses whe er in cou out of ankruptcy or ministrative p ceedings o n appeal), enalties o ines or asserted ainst the Pur aser by re n or an out of he O er's represen ion under Se on 6. This ovision s II survi d is t deemed satisfied by conveya of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to recording costs for any curative instrume and paid by Owner. Owner shall be responsible for paying any costs and /or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Page 3 IN WITNESS VVHEREOF, the parties hereto have executed this Agreement on this_ I day of eCApahW 20 Off_. Property acquisition approved by BCC pursuant to Resolution No. 2002 -442, dated October 22, 2002. AS TO PURCHASER: DATED: lZ- l b-Q3 ATTEST: DWIGHT E. BROCK, Clerk deputy Cler Atttst rings signature o ly,< AS TO OWNER: DATED: 16 3 o 3 A ture) &a 2'dC"V _ �'�PS 64CIVIAS Name (Print or Type) 5u Name (print or type) Approved as to form and leg sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, F RIDA BY: TOM HENNING, Chairman PARKWAY CHURCH OF CHRIST, INC., A Florida non - profit corporation (BY) Signature s�eve- K�sSeil (print name) (print title) v 114.1 - 330.00 (PLAT) — — — 114 C GOLDEN GATE ESTATES UNIT 30, 0 zs 6%5 ,00 PLAT BOOK 7, PAGES 58 GRAPHIC SCALE Z � � NORTH 150' I 50; 50" o o OF TRA C T 11 113 PROPOSED c� p av= �� R. 0. W. EASEMENT n n N� -EX S1W ROAD R. a K IaR /NAG& AND s a s UAUTY AxWENT o� ARW SO MW FW y 150' p A O1 G, G, 150' w A EXISTING ADDITIONAL O.R. B. 2128, 34.0'R. 0. W. EASEMENT PAGES 58 -62 ` EXISTING 5J' EASEMENT _ w FOR R, 0. W PURPOSES 3J0.01' (PLAT) (PER PLAT) EAST LINE OF SECTION 29 GOLDEN GA TL- UNIT 7, SANTA RA RBA R 29TH PL A CE S W. PLAT BOOK 5, PAGES 135 -146 BO UL , vARD 10 BLOCK 269 11 28 BL OCK 230 1 GOLDEN GATE CITY UNIT 7, PL A T BOOK 5, PAGES 135 -146 L,MAL DEWR /P110N BEING THE WEST 46 FEET OF THE EAST 13.3 FEET OF THE NORTH 150 FEET OF ES TA TES UNIT 30, PL T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. TRACT 114, GOLDEN GATE Y. ,ONTA11JNG 6,900 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY �•+� PREPARED BY WILSONM IvC. LEGEND: _ EXISTING L,cNC T M" Y R, P OFE AL SURVEYOR & MAPPER R. 0. W. EASEMENT FLORIDA REGIS TRA LS 5627 PROPOSED , NOT VALID UNLESS SIGNED BY THE SURVEYOR AND R. 0. W. EASEMENT R• 0 ��! =RIGHT OF WAY SEALEO WITH THE SURVEYORS EMBOSSED SEAL. A�i�, NAO 9�"rv90 O.R.B. = OFFICIAL RECORDS BOOK CERTIFICATE OF AUTHORIZATION / LB -4J f G�DSrAIT AW0A fA57IQyL . Q ":.�:.,� . n„R,uao - -- COWER couNrr rn1uvspoRrAnoN, II ENpNEER/NG CQNS7RUCl10N MANAGEMENT DIwsom TITLE: BEING PARRT OF H ORTH � �T CT 114, PlmrMn • Erph�en • EcabpW.. yyor� , ArelrrseG , Tr+irporl�tianConitl�M� GOLDEN GA 7E ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, W COLLIER COUNTY, FLORIDA ��1'�R �N1AD • � • �� • �� • 4�drlpl • Trop DATE: 1 f#ridi JIElSdg17 • HAw Pp 6/p qp .fir y{}�p y� • naedlarlliroca PROJECT NO.: SHEET NIJYBER: FILE NO,: 04/2002 N6022- 002 - 010 —TDHWP Nov 13. Z -002 - 10 57' 76 f MII I FRlX \SOR \N607? \Sketc t, (l( 120 OF XXX 2GG -203 - nescnptiona \Suhrnitli�lV %r�.1703�17O dwq III 114 A0.B.— o, Oho, �a I� A, o� S e v n 350.00' (PLAT) I, 00 to b v ti 0 40.84 8.00' S 0078'19'£ 113 PROPOSED FVPEIUA4 NON- DausiVE ROAD Raw, DRA/NAG& AND UAUrY EASEMENT — AM SCUAW Fffr Ln W W v 3 obi 01 "W 2 � b _o H' a rn �� Cn � I 0 ti �� ah N. 007)7'35 "W. 205.72'N S, 00'07 35 E' 277.50' � EXIS LING ADDI T10NAL 0. R. B. 2128, 34.0' R. 0. W. EASEMENT PAGES 58 -621 A0. C. \ EXISTING 53' EASEMENT F TRACT ) 3 \ \ \ \ \ \ \ \ \\ GO DEN GATE UNIT 7, cn I PLA T B OK 5, PAGES 135 -146 G: I 28 BLOCK 230 1 GOLDEN GATE CITY UNIT 7 PLAT BOOK 5, PAGES 135 -146 0 h b G� 'y a E ZQ-, 2 c� O a 2 0 25 5p 100 200 GRAPHIC SCALE a \A^n OL ;ur OQ) \�2 Z r) C) � �o ti 15o Lo t \�_ �Z ~ ~ 5 '�\ 50' 1685° 112 PROPOSED R. 0. W. EASEMENT EAST LINE OF SECTION 29 SANTA BARBARA BOULEVARD 1 'MAL DESCRIPTION.- SEE SHEET 121A NOT A SURVEY PREPARED BY.- WILSONM , 1h _ �L''i31 I /13 % y— — LEGEND: EXISTING I R. 0. W. EASEMENT LANC T R, P OFE AC SURVEYOR �c MAPPER PROPOSED FLORIDA REGISTRA LS 15627 R. O. W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND KARINGS ARE BASED ON NORTH R. 0. W. = RIGHT OF WAY AMERICAN DARAM (ICAO) IUJ -19M P. 0. B. = POINT OF BEGINNING SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. A"SAWNT STA/E PLANE COOMMTE P.O.C. =POINT OF COMMENCEMENT SrSTEM (GRID) FOR FLOMA CAST JW. CERFIFICATE OF AUTHORIZATION ,/' LB -43 O.R.B. = OFFICIAL RECORDS BOOK 1-cu. nw.: uzual rwnceL rw. 121 CLIENT: COWER COUNTY TRANSPORTA710Nj NYrW,11e • RIIe /lC•LMppDi Wits �tM�ller TITLE: ENGINEERING SK MH O FDEWRIP7TON ENT DIVISION BEING PART OF TRACT 113, Rmrwn • &girwws . Ecobyhb • Slrwyors • Lurdr Ape Ar"ecd • TTUyoorhtlon C If"w s GOLDEN GATE ES TA TES UNIT 30, PLAT BOOK 7, PAGE 58, WYBO/Mumv, Inc. COLLIER COUNTY, FLORIDA NyYw • fid*n • S&nwh • ft dm". • Top DATE: PROJECT NO.: SHEET NUUBER: FILE N( /'R1°"wrr;�fzro10'Fu 0412002 N6022- 002 - 010 -TDHWP HEE of R: XXX I QGG Nov 13, 2002 -- 10.58:26 1MILLERIX \511R \N6022 \Sketch Of Descriptions \Submitted ,2gg703s1 ?1 dwq 202 1 1685 ALL THAT PART OF TRACT 113, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS,• COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 113, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89,J)"51" WEST 8700 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89:3151" WEST 46.00 FEET; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'07'35" WEST 205.72 FEET- THENCE NORTH 60 50'30 " WEST 78.86 FEET- HENCE SOUTH 89 31 '37" WEST 368.67 FEET; THENCE SOUTH 0028'19" EAST 8.00 FEET, - THENCE SOUTH 89:31'37" WEST 277.90 FEET TO THE WEST LINE OF SAID TRACT 113; THENCE ALONG SAID WEST TRACT LINE NORTH 0028'12" WEST 40.84 FEET; THENCE LEAVING SAID WEST TRACT LINE NORTH 89:31'51 " EAST 761.56 FEET; THENCE SOUTH 00 0735" EAST 27750 FEET TO THE POINT OF BEGINNING. CONTAINING 39,806 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. PREPARED BY.• WILSONM INC. LANC&Z_WfR, PfOF£ VWAI SURVEYOR do MAPPER FLORIDA REGISMAITM LS ,`'5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED Wl TH THE SURVEYORS EMBOSSED SEAL. C£RFIFICATE OF AUTHORIZATION / LB -43 PARCEL NO. : 121 Q �, •-� BEA"G$ ARE BASED DN MW Of AWRICAN DAM PAD) 1"i -190 S Ir T j AO? 11"A EAST 10W.. NOT A SURVEY + wilsonmiller Plurwrs • Rhos • Ecobpsls • Svwyors • LwN*c4" ArcNtscU • Trsneportsbm Ca "wis M Wiwi* ter, Inc. Nyiw •Fart *m • ar" • &wn* • TV" 9200 ewly L•rls sre 7G0 • lYPlnt 91CK dRA • now peas -" • Fu 9a-8a dW • **-a nwmk mf am :LIENT: COLLIER COUNTY 7RANSPORTA710N. ENGINEERING & CONISTRUC71ON MANAGEMENT DIVISION LEGAL DESCRIP77ON BEING PART OF TRACT 113, GOLDEN CATE ESTATES UNIT 30, PLAT BOOK 7, PACE 58, COLLIER COUNTY, FLORIDA PROJECT NO.: I SHEET NUMBER: I FILE NC 0412002 N6022- 002 - 010 —TOHWP 121A of xxx 201; Nov 13, 2002 - 11 01;22 LMILLERjX:ASUR \,N6022 \Sketch Of Descriptions \Submitted \2gg203sl21A.dwg MEMORANDUM Date: December 18, 2003 To: Lynn Thorpe, Principal Project Manager Transportation /ECM From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Change Order No. 13 for Ajax Paving Industries, Inc; Project No. 60134 Enclosed please find one (1) copy of the document referenced above (Agenda Item #16136), approved by the Board of County Commissioners on Tuesday, December 16, 2003. If you should have any questions, please call me at 732 -2646 (ext. 7240) Thank you. Enclosure 14p, Date: Tuesday, December 2, 2003 To S teve: 12/2 BCC Report: 12/2 RE: Contract: 02 -3424 Scanned, to Bonnie Name of Contract: Goodlette -Frank oad Widening Pine Ridge Road to Vanderbilt Beach Road Project: 60134 Amendment No.: Change Order/Work Order No.: CO #13 Contractor /Consultant: Ajax Paving Change Order /Work Order Amount: $234,015.51 Last BCC Approved Amount $12,752,570.63 Revised Agreement Amount $13,352,929.29 Percentage Increase/Decrease 4.71% Steve, Date: 1 �- - J This change order represents additions to the project due to redesign to lengthen the 6 lane segment from Center Street to Orange Blossom Drive. Steve's Acknowledgement: Scanned Date: CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Goodlette -Frank Road Widening_ PROJECT #: 60134 BID /RFP #: 02 -3424 MOD #: 13 AMOUNT OF THIS CHANGE $ 234.015.51_ PO #: 4500002260 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL ($ A1R2i49 5o 1.66 CURRENTI DING T'35s C�HA�NGE�ORDER) Last BCC Approved Amount (LAST TOTAL AMT. REOUIRING BCC APPROVAL) Date of Last BCC Approval AgL 22 2603 ,^irenua it,,rn _1 G B 7 _ Percentage of the change over /under current contract amount - 4.71. Last 3CC approved amount) -1 Formula: (Current Amount, _ R -lCbl.i�iS and ACt101iS. it ii l� l.i i11ljC CiC i.;de�.l ::i IUio Liles ul.� }�', ��vuAl IS on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: November 15 2004 CURRENT: December 15, 2004 SUMMARY OF PROPOSED CHANGE (S): All line items associated with this change order were due to the redesign to lengthen the six lane segment from Center St. to Orange Blossom Dr. JUSTIFICATION FOR CHANGE (S): The accelerated population growth along the road segment. The substantial costs savings using current contract prices The time savings and convenience factor by, doing the work as part of the ongoing construction ro ect. The safetv factor that would eliminate the hazards associated with doing the work as a separate project at a later time. PARTIES CONTACTED REGARDING THE CHANGE: Norman Fedrer (Transportation Division Administrator); Gregg Strakaluse (TE &CM Director); Lynn Thorpe (TE &CM Principal Proiect Manager) Sandv Sridhar and Fred Sexton (Utilities Engineering) Eyra Cash (Johnson Engineering) Tom Deer and Dennis Day (PBS &J)' Richard Blllian and Michael .Murphy (Ajax Construction) David Scafidi (Mitchell and Stark). IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) _Y_ Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: Date: December 1, 2003 APPROVE: John R. Conti DISAPPROVE: Date: COMMENTS: Revised 8/22/03 SINCE 1946 September 30, 2003 . ENGINEERING. 168-6 ; Mr. John Conti Collier County Transportation Services 2675 Horseshoe Drive South Suite 401 Naples, FL 34104 Re: Goodlette -Frank Road Dear Mr. Conti: Below please find the Summary of Pay Items for the lane additions on Goodlette -Frank Road: ROADWAY Item No. Description Units Quantity 120 -1 EXCAVATION ROADWAY Total CY +1,283 120 -6 EMBANKMENT ROADWAY CY -1,987 126 -1 MEDIAN BACKFILL FOR LANDSCAPE CY -2,514 160 -4 TYPE B' , STABILIZATION SY +4,004 285 -709 OPTIONAL BASE GROUP 09 SY +8,903 331 -2 -*AE "S" ASPHALTIC CONCRETE 1" SY +8,903 331 -2 -"S" ASPHALTIC CONCRETE 2 -1/2" SY +8,903 520 -1 -RETE CURB & GUTTER TYPE F LF +6,344 520 -70 RETE TRAFFIC SEPARATOR SPECIAL SY +197 526 -1 -AVER PAVEMENT SY +130 570 -5 LIZER TN -0.94 575 -1 SODDING SY - 11,325 SIGNING AND PAVEMENT MARKINGS 3501 Del Prado Boulevard ■ Cape Coral, Florida 33904 (239) 334 -0046 . Fnx 12391 541 -13R3 . 10114/20'x3 14:52 0000000000 PAGE 01 Aid-Coftaut 16,R6 4586 PROGRESS AVENUE NAPLES, FLORIDA 34104 October 14, 2003 Mike Murphy Ajax Paving Industries 10501 Six Mile Cypress Parkway, Ste, 108 Fort Myers, Florida 3391; 239 - 936 -9444 Fax 239 -936 -9445 Ref: Pricing Pay -Item #649 -123 -305, A3 -A3 -P5 Most Arian SW Corner Orange Blossom Drive @ Goodlette -Frank Road Goodlette -Frank Road Widening From Pine Ridge Road to Vanderbilt Beach Road Collier County Project # 60134, Contract # 00 -3184 Dear Mike, Please find enclosed cost breakout sheet for Pay —item #649- 1.23 -305, Mast Arm Type A3- A3 -P5, SW Corner Orange Blossom Drive, based on revised Traffic Signal plans dated September 19, 2003. Also note that sheet 02 of 20, Summary of Traft Quantities, has been revived to reflect new quantities and pay- items. Should you have any questions. please call. Pricing for Pay -Item #649..123 -305, Mast Arm Type A3- A3 -PS: $23,320.50 Each Sincerely, Tn Smith. Vice - President PHONE (239) 643 -0266 FAX (239) 643.5821 10/14/2003 14;25 0000000000 PAGE 02 Additional Work ! Change -Order Price Spread- Sheet. Project No.: 5369 County : Collier Project# 60134 AC Location : Oran a BlossU Goodlette Frank Road Submitted By: Mid -Continent Electric, Inc 4586 Progress Avenue, Naples, DsSCrIpNOr1 Of work: Price for MITS +� Proposed Bld Item : 649 -123 -305 Quantity : 1.00 Ea Comments: Labor with urdw Bureen = fterai ircDffwTax, Social =M7 Medcere Tex, Workmen compenaskim Ins., Fecleral Unlnlp rnont Ins., Stw Unemokwnent Ina.. Moist. Per Diem, eenerits IHeeim Ina„ HoWays, Vacation, Sirx 68.31% Da". daiK. ate.). Description Hourl 8urdsm Cost Rate Caet Extension »»», »Rate ._ »^» _ Signal Technician $18.00 $ {2.30 .,.._..._,. 530,30 _Hours _ 38.00 $1,151.24 Signal Technician(OT) $27,00 $18.44 $45.44 0.00 $0.00 Installer $14.50 $9.90 $24.40 76.00 $1,854.78 installer(OT) $21.75 $14.86 $36.61 0.00 $0.00 Unskilled Labor $10.00 $6.83 $16,83 0.00 $0.00 Unskilled Labor(OT) $15.00 $10.25 $25.25 0.00 $0.00 Transport Driver $12.00 $8.20 $20.20 2.00 $40.39 Labor Cost Total 41 Malterrsis Ond li @s DaeHpuon Qenitt/ Price Cost Extension -$. A3 -A3-P5 400 -- $10.8$4,40» $10,854.40 Class IV DSContxete 18,00 $95.00 $1,710.00 RelnfcxoemerIt Stool 1.00 $1,017,60 $1,017.60 Point 1.00 $1,400.00 $1,400.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 Material Cost Total Includes Sales Tax & Freight 14 9 Equ!pmont Charges Deacon Hourly Rate�»� » » Hours -» » Extension »» Pick -Up Truck with Tools -vt -- -» » 28.00 »Cost $588.00 Bucket Truck $45.00 6.00 $270.00 Water Truck $18.60 15.00 $279.00 Boom Truck i Uft $23.80 13.00 $309.40 Mixer $29.75 15.00 $446.25 Semi wfFrailer $57.65 2.00 $115.70 Texoma Drill Rig $67.00 15.00 $1,005.00 Back Hoe $15.87 10.00 $158.70 E uI ment Cost Total 3, , 5 Sub- dontract Charges »- Deacr�t�xm .�». Quant @� .,Price _ Cost Extension ___._..._...,..�...._.,..._.� 0.00 $0.00 'TR 0.00 $0.00 $0.00 Sub - Contract Coat Total 10,00 _ Total Msrk�.l»Rate � mark-Up ectenaion _Cost Labor with Burden Cost . $3,048.41 10.0% !x$04.84. $3,36" .05 MMtarial 4 supplies Cost $14,982.00 10.0°% $1,498.20 $16,480.20 Equipment Coat $3,172.05 10.0% $317.21 $3,489.26 Sub- Contract Cost $0.00 1010% $0.00 $0.00 All Costs ( BOND & LIABILrTY) $21,200.4$ 0.0% $0.00 $0.00 Unit Price I Total 20,51 649 -123 -305 1 Ea $23,320.51 CHANGE ORDER #13 1696 TO: Michael J. Murphy FROM: Collier County Transportation Engineering Ajax Paving Industries Inc. & Construction Management Department 10501 Six Mile Cypress Pkwy, Suite 108 2675 South Horseshoe Drive, Suite #401 Fort Myers, Fl. 33912 -6400 Naples, Florida 34104 P.O. No.: 4500002260 Project Name: Goodlette Frank Road Widening Project No.: 60134 Construction Agreement Dated: Bid No.: 02 -3424 Change Order No.: THIRTEEN 13 Date: 12/01/03 Change Order Description: (See Attached Change Order Summary) Original agreement amount .............................. ... ..............................$ 12,495,051.66 Sum of previous change orders amount $ 623,862.12 This Change Order Amount [add] ...................... ..............................$ 234,015.51 Revised Agreement Amount .................... $ 13,352,929.29 Amount.. contract time in calendar days to substantial ............... 690 days Adjusted number of calendar days due to previous change orders. 25 days This change order adjusted time is ........ ............................... 30 days Revised Contract Time in calendar days substantial ................ 745 days Original Notice to Proceed date ................... ............................... December 02, 2002 Completion date based on original contract time ......................... October 21, 2004 October 21, 2004 Revised completion date ............................... ............................... Revised completion date to final ...... ............................... December 15, 2004 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement constitute a full and final settlement of any and all claims of the Contractor arising out related to, the change set forth herein, including claims for impact and delay cos Prepared by: Date: 17' ° C Dennis ay ro' ct Engineer PBS &J Reviewed by: Date: Jo Conti, Project Manager Date: Reviewed by: Roy B. Anderson, P.E., P.U.E.D. Director I f tGreggakaluse, Reviewed by: Date: e, P.E. rincipal Project Manager V Approved by: Date: lL 3 0 T.E.C.M. Director Approved by: Accepted by: > �,,�. � Date: � E. ye &r, Transportation Administrator Michael J. Murphy, Ajax Inc. Date: ti •� + -Q� L Date: Reviewed by: L Steve Ca ell, P asing Director, Collier County °D� °Qmamom g=ocp, �A m v Or O aY9� �M O C m 16R6 Change Order # 13 Summary ROADWAY • 101 -1A MOBILIZATION This pay item was added with a quantity of 1.0 LS, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 27,775.00 Increase 1- 102 -10A MAINTENANCE OF TRAFFIC This pay item was added with a quantity of 1.0 LS, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 28,795.00 Increase • 120-1A EXCAVATION (ROADWAY) This pay item was added with a quantity of 1,283 CY, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 7,826.30 Increase • 120-6 EMBANKMENT (ROADWAY) This pay item was decreased by a quantity of 1,987 CY, for work not necessary with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (20 863.50) Decrease 126 -1 MEDIAN BACKFILL FOR LANDSCAPE This pay item was decreased by a quantity of 2,514 CY, for work not necessary with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (39,950.20) Decrease 160 4A TYPE "B" STABILZATION This pay item was added with a quantity of 4,004 SY, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase S 7.807.80 Increase 285 -709A OPTIONAL BASE (GROUP 9) This pay item was added with a quantity of 8903 SY, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase S 67.662.80 Increase 331 -2 -AA TYPE "S" ASPHALT CONCRETE 1" This pay item was added with a quantity of 8903 SY, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 17,806.00 Increase 331 -2 -CA TYPE "S" ASPHALT CONCRETE 2 '/: " This pay item was added with a quantity of 8903 SY, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 47,631.05 Increase IhR6'. 520 -1 -10A CURB & GUTTER TYPE "F" This pay item was added with a quantity of 6,344 LF, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 35 970.48 Increase 520 -70A CONCRETE TRAFFIC SEPARATOR (SPECIAL) This pay item was added with a quantity of 197 SY, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 7,084.12 Increase 526 -1 -1A UNIT PAVER PAVEMENT This pay item was added with a quantity of 130 SY, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 5,418.40 Increase 570 -5 FERTILIZER This pay item was decreased by a quantity of .94 TN for work not necessary with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (253.80) Decrease 575-1 SODDING BAHIA This pay item was decreased by a quantity of 11,325 SY for work not necessary with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (10,985.25) Decrease SIGNALS AND COMMUNICATION 649 - 113 -003A MAST -ARM (STEEL, DOUBLE ARM) This pay item was added with a quantity of 1.0 AS, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 17,862.12 Increase 649 -123 -305 MAST -ARM (STEEL, DOUBLE ARM) This pay item was established with a quantity of 1.0 AS, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. New Pay Item $ 24,486.53 Increase SIGNING AND MARKING 70040 -1A SIGN, SINGLE POST <12 SF This pay item was added with a quantity of 2.0 AS, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 345.60 Increase 705 -71A TUBULAR DELINEATOR (FLEXIBLE) This pay item was added with a quantity of 3.0 EA, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 145.80 Increase N i • 706 -3A REFLECTIVE PAVEMENT MARKER, TYPE "B" This pay item was added with a quantity of 183 EA, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 741.15 Increase 710 -30 REFLECTIVE PAINT (BULL NOSE) (YELLOW) This pay item was decreased by a quantity of 6.50 SY for work not necessary with the plan redesign performed by Johnson Engineering for six lan ing Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (70.20) Decrease 711 -3 PAVEMENT MESSAGE, THEREMOPLASTIC This pay item was decreased by a quantity of 3.00 EA for work not necessary with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (210.60) Decrease 7114A DIRECTIONAL ARROWS, THEREMOPLASTIC This pay item was added with a quantity of 3.0 EA, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $136.08 Increase 711 -31A SKIP TRAFFIC STRIPE, THEREMOPLASTIC (WHITE 10130) This pay item was added with a quantity of 1.33 GM, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 790.02 Increase 711 -34 SKIP TRAFFIC STRIPE, THEREMOPLASTIC YELLOW This pay item was decreased by a quantity of 355 LF for work not necessary with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (248.50) Decrease 711- 35 -121A TRAFFIC SOLID STRIPE, THEREMOPLASTIC, WHITE 12" This pay item was added with a quantity of 23 LF, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 28.52 Increase 711 -35 -181 TRAFFIC SOLID STRIPE, THEREMOPLASTIC, WHITE 18" This pay item was decreased by a quantity of 25 LF, for work not necessary with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (51.25) Decrease 711- 35 -241A TRAFFIC SOLID STRIPE, THEREMOPLASTIC, WHITE 24" This pay item was added with a quantity of 10 LF, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 24.80 Increase 711- 36-81A TRAFFIC SOLID STRIPE, THEREMOPLASTIC, YELLOW 8" This pay item was added with a quantity of 642 LF, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 449.40 Increase 3 1,696 711- 36 -181A TRAFFIC SOLID STRIPE, THEREMOPLASTIC, YELLOW 18" This pay item was added with a quantity of 342 LF, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 738.72 Increase 711 -36-61 TRAFFIC SOLID STRIPE, THEREMOPLASTIC, YELLOW 6" This pay item was decreased by a quantity of .26 NM, for work not necessary with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (533.52) Decrease EM -33 DEFLECTION OF EXISTING 6" EFFLUENT MAIN FOR REVISED MAST ARM LOCATION AT ORANGE BLOSSOM DRIVE This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette -Frank Road from just North of Center Street to Orange Blossom Drive. New Pay Item $ 3,656.64 Increase 4 REM DESCRIPTION DAYS ESTIMATED TO COMPLETE WORK NUMBER r 101 -1 MOBILIZATION MAINTENANCE OF TRAFFIC EXCAVATION ROADWAY EMBANKMENT ROADWA MEDIAN BACKFILL FOR LANDSCAPE TYPE "B" STABILIZATION OPTIONAL BASE GROUP 09 TYPE "S "ASPHALTIC CONCRETE I" 0.00 0.00 1,00 0,00 0,00 4.00 6,00 2,00 4.00 1- 102 -10 120-1 1208 126-1 1804 285 -709 331 -2 -A 331 -2-C TYPE " S " ASPHALTIC CONCRETE 21 R " 300 520 -1 -10 CURB -GUTTER TYPE F 0,78 520 -70 CONCRETE TRAFFIC SEPARATOR SPECIAL 100 526 -1 -1 UNIT PAVER PAVEMENT 0.00 5705 FERTILIZER 0.00 575-1 SODDING BAHIA SUBTOT'ALFOR ROADWAY 0.00 200 sIGNAL8 AND COMMUNICATION 649- 113.003 649 123 305 MAST -ARM STEEL DOUBLE ARM MAST -ARM STEEL, DOUBLE ARM SUBTOTAL SIGNALS AND COMMUNICATION 2.00 700A0 -1 705 -71 SIGN SINGLE POST <12 SF TUBULAR DELINEATOR FLEXIBLE 0.26 0.26 0.26 708-3 REFLECTIVE PAVEMENT MARKER TYPE "B" 000 71030 REFLECTIVE PAINT BULLL NOSE ELLO 000 711 -3 711-4 711-31 711 -34 Ti 1.36 1 21 711-35-181 71175 -241 71176 81 71136 -181 711.38.61 PAVEMENT MESSAGE, THEREMOPAASTIC DIRECTIONAL ARROWS THERMOPLASTIC SKIP TRAFFIC STRIPE THERMOPLASTIC WHITE 1060 SKIP TRAFFIC STRIPE THERMOPLASTIC YtLLO TRAFFIC SOLID STRIPE, THERMOPLASTIC WHITE 12" TRAFFIC SOLID STRIPE THERMOPLASTIC WHITE 18" TRAFFIC SOLID STRIPE THERMOPLASTIC WHITE 24" TRAFFIC SOLID STRIPE THERMOPLASTIC YELLOW 6" TRAFFIC SOLID STRIPE THERMOPLASTIC YELLOW 16' TRAFFIC SOLID STRIPE, THERMOPLASTIC YELLOW 6" 0.26 0 000 0.25 000 0.25 0 5 0.26 0 SUBTOTAL SIGNING AND MARKING 2. EM-33 DEFLECTION OF EXISTING 6" EFFLUENT MAIN FOR REVISED MAST ARM LOCATION SUBTOTAL RECLAIMED WATER 2 too TOTAL DAYS ESTIMATED FOR EXTRA WORK 30.00 November 7, 2003 PBS &J Construction Services 1719 Trade Center Way, Unit 10 Naples, FL 34109 Subject: Goodlette -Frank Road Widening Project Ajax Paving Industries, Inc. Job No. 2432 Collier County Project No. 60134 Re: Goodlette -Frank Road Change Order 13 Pricing Mr. Day, C "'M3, il Please find enclosed pricing for mobilization and maintenance of traffic for change order 13, the six - laning addition on Goodlette -Frank Road from Center Street to Orange Blossom Drive. Ajax Paving Industries is also requesting a time increase of sixty (60) days for the proposed six - laning addition. Mobilization $31,562.00 Maintenance of Traffic $27,687.00 Total Cost $59,249.00 If you have any questions, or need additional information, please feel free to contact me. Sincerely, Michael Murphy Project Superintendent CC: Ajax Area 2 File 1 AJAX PAVING INDUSTRIES • 1 0501 Six Mile Cypress Pkwy, Ste 1 08 • Fart Myers, FL 33912 -6400 • 12391 93e -9444 • Fax: (2391 936 -9445 EXTRA WORK SUMMARY NEW PAY ITEM #649- 123 -305 Mast Arm (Double) LABOR NUMBER GOODLETTE -FRANK ROAD WIDENING PROJECT TOTAL HOURS FROM PINE RIDGE ROAD TO VANDERBILT BEACH RD. 1 AMOUNT COUNTY PROJECT NO.: 60134 6 86 Signal Technicain CONTRACT NO.: 00 -3184 An emp"e-wmedc peM COUNTY: COLLIER EXTRA WORK SUMMARY NEW PAY ITEM #649- 123 -305 Mast Arm (Double) LABOR NUMBER CLASSIFICATION TOTAL HOURS RATE AMOUNT 1 Signal Technicain 38.00 $ 30.30 $ 1,151.24 1 Installer 76.00 $ 24.40 $ 1854.78 1 Transport Driver 2.00 $ 20.20 $ 40.40 1 Boom Truck I Lift 0.00 $ $ 1 Mixer 0.00 $ $ 1 ISerni w/Trailer 0.00 $ $ 1 Texoma Drill Rig 0.00 $ $ 1 1 Back Hoe 0.00 $ $ $ $ 0.00 $ $ LABOR TOTAL $ 3,046.42 EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE AMOUNT 1 Tool Truck 28.00 $ 21.00 $ 588.00 1 Bucket Truck 6.00 $ 45.00 $ 270.00 1 Water Truck 15.00 $ 18.60 $ 279.00 1 Boom Truck I Lift 13.00 $ 23.80 $ 309.40 1 Mixer 15.00 $ 29.75 $ 446.25 1 ISerni w/Trailer 2.00 51 $ 115.70 1 Texoma Drill Rig 15.00 $ 67.00 $ 1,6 05.00 1 1 Back Hoe 10.00 $ 15.87 1 $ 158.70 EQUIPMENT TOTAL $ 3,172.05 MATERIALS QTY. DESCRIPTION UNIT PRICE AMOUNT 1 A3 -133 -PS Pole $ 10 854.40 $ 10 854.40 18 CY Class IV Drill Shaft Concrete $ 95.00 $ 1,710.00 1 Reinforcement Steel Cage $ 1,017.60 $ 1,017.60 1 Paint $ 1400.00 $ 1400.00 SUBTOTAL OF CONTRACT REDUCTION $ CONTRACT REDUCTION TOTAL $ $ $ SUBTOTAL OF ADDITIONAL WORK $ 14,982.00 SALES TAX 6% MATERIALS TOTAL 1 $ 14,982.00 QTY. DESCRIPTION UNIT PRICE AMOUNT PRIME CONTRACTOR MARK UP 05% $ 1,166.03 TOTAL COST ADDITIONAL WORK $ SUBTOTAL OF ADDITIONAL PAY ITEM WORK $ CONTRACT REDUCTIONS $ ADDITIONAL PAY ITEM WORK TOTAL $ $ $ SUBTOTAL OF CONTRACT REDUCTION $ CONTRACT REDUCTION TOTAL $ QTY. DESCRIPTION UNIT PRICE AMOUNT PRIME CONTRACTOR MARK UP 05% $ 1,166.03 TOTAL COST ADDITIONAL WORK $ SUBTOTAL OF ADDITIONAL PAY ITEM WORK $ CONTRACT REDUCTIONS $ ADDITIONAL PAY ITEM WORK TOTAL $ SUBCONTRACTOR COST FOR ADDITIONAL WORK $ 21,200,47 SUBCONTRACTOR MARKUP 10% $ 2,120.05 PRIME CONTRACTOR MARK UP 05% $ 1,166.03 TOTAL COST ADDITIONAL WORK $ 24,486.54 SUBTOTAL OF ADDITIONAL PAY ITEM WORK $ CONTRACT REDUCTIONS $ TOTAL COST OF EXTRA WORK 71 $ 24,4 54 WE HEREBY CERTIFY THAT THE ITEMS AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLETE SETTL ENT OF THE MATTERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, MATEIS, OVERHEAD,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. I a si e CT ENGINEER ATE 0-3 CT-MANAGER I DATE ACCEPTED BY: CONTRACTOR 1� W -v L DATE 1719 Trade Center Way, Unit 10 . Naples, Florida 34109 . Telephone: 239.594.7275 . Fax: 239.594.3881 tft GOODLETTE -FRANK ROAD WIDENING PROJECT FROM PINE RIDGE ROAD TO VANDERBILT BEACH RD. COUNTY PROJECT NO.: 60134 CONTRACT NO.: 00.3184 An employee -owned company COUNTY: COLLIER EXTRA WORK SUMMARY 6" DIP FOR EFFLUENT MAIN 113 ORANGE BLOSSOM LABOR s NUMBER CLASSIFICATION TOTAL HOURS RATE AMOUNT 1 Foreman 6.00 $ 37.00 $ 222.00 2 operator 6.00 $ 34.50 $ 414.00 2 Skilled 6.00 $ 29.00 $ 348.00 2 Labor 6.00 $ 26.00 $ 312.00 MD RNG MRKRS $ 10.00 0.00 $ $ $ 15.00 $ 75.00 0.00 $ $ 0.00 $ $ SALES TAX 6% 0.00 $ $ 0.00 $ $ 0.00 $ $ LABOR TOTAL $ 1,296.00 EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE AMOUNT 1 Excavator 6.00 $ 75.00 $ 450.00 1 Loader 6.00 $ 50.00 $ 300.00 1 Tool Truck 6.00 $ 18.75 $ 112.50 1 Pumps 6.00 $ 18.75 $ 112.50 MD RNG MRKRS $ 10.00 0.00 $ $ $ 15.00 $ 75.00 0.00 $ $ 0.00 $ $ SALES TAX 6% 0.00 $ $ EQUIPMENT TOTAL 1 $ 975.00 MATERIALS QTY. DESCRIPTION UNIT PRICE AMOUNT 40 6" DR -18 PVC $ 2.35 $ 94.00 4 6" MJ 4&S $ 32.56 $ 130.24 2 6" MJ SLEEVES $ 35.64 $ 71.28 12 6" MEGALUGS $ 25.50 $ 306.00 4 6" BELL RESTRAINTS $ 32.00 $ 128.00 4 MD RNG MRKRS $ 10.00 $ 40.00 5 TONS #57 STONE $ 15.00 $ 75.00 SUBTOTAL OF ADDITIONAL WORK $ 844.52 SALES TAX 6% $ 50.67 MATERIALS TOTAL I $ 895.18 QTY. DESCRIPTION UNIT PRICE AMOUNT $ 316.62 PRIME CONTRACTOR MARK UP 05% $ 174.14 TOTAL COST ADDITIONAL WORK $ 3,656.95 SUBTOTAL OF ADDITIONAL PAY ITEM WORK $ CONTRACT REDUCTIONS $ TOTAL COST OF EXTRA WORK $ 3,656.95 SUBTOTAL OF CONTRACT REDUCTION $ CONTRACT REDUCTION TOTAL is SUBCONTRACTOR COST FOR ADDITIONAL WORK $ 3,166.18 SUBCONTRACTOR MARKUP 10% $ 316.62 PRIME CONTRACTOR MARK UP 05% $ 174.14 TOTAL COST ADDITIONAL WORK $ 3,656.95 SUBTOTAL OF ADDITIONAL PAY ITEM WORK $ CONTRACT REDUCTIONS $ TOTAL COST OF EXTRA WORK $ 3,656.95 WE HEREBY CERTIFY THAT THE ITEMS AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLETE SETTLEMENT OF THE MATTERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, MATERIALS, OVERHEAD,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. ACCEPTED BY: CONTRACTOR 1, t 11 63 1 DATE DATE _t1i _(1 3 DATE 1719 Trade Center Way, Unit 10 . Naples, Florida 34109 . Telephone: 239.594.7275 . Fax: 239.594.3881 CHANGE PROPOSAL SUMMARY FORM 1696 WORK DIRECTIVE NO.: RFP No. 40 PRICING INFORMATION Deflect 6" Effluent Main as required for 6 lane redesign DIRECT LABOR CLASSIFICATION HOURS RATE 0.75 COST Superintendent 0 $50.00 $300.00 $0.00 Foreman 1 6 $37.00 $150.00 $222.00 Operator 2 12 $34.50 $414.00 Pipe Layer 2 12 $29.00 $348.00 Laborer 2 12 $26.00 $312.00 Truck Driver 0 $26.00 $0.00 MATERIALS DESCRIPTION QUANTITY UNIT PRICE COST 6" DR -18, PVC 40 If $2.35 $94.00 6" MJ 45' 4 ea $32.56 $130.24 6" MJ Sleeve 2 ea $35.64 $71.28 6" Megalugs 12 ea $25.50 $306.00 6" Bell Restraint 4 ea $32.00 $128.00 Md Rng Mrkrs 4 ea $10.00 $40.00 # 57 Stone 5 ton $15.00 $75.00 SUB -TOTAL $844.52 TAX 6.00% $50.67 EQUIPMENT DESCRIPTION Excavator Loader Pumps Tool Truck SUBCONTRACTORS DESCRIPTION SUB -TOTAL $2,191.19 MARK -UP 10% $219.12 TOTAL LABOR & MATERIALS DAYS RATE COST 0.75 $600.00 $450.00 0.75 $400.00 $300.00 0.75 $150.00 $112.50 0.75 $150.00 $112.50 SUB -TOTAL $975.00 MARK -UP 10% $97.50 TOTAL EQUIPMENT QUANTITY UNIT PRICE COST $0.00 $0.00 SUB -TOTAL $0.00 MARK -UP 10% $0.00 TOTALSUBCONTRACTORS TOTALS $2,410.31 $1,072.50 $0.00 TOTAL COST $3,482.81 UNIT LS 1.00 TOTAL UNIT PRICE $3,482.81 WEIM ENGINEERING Mr. John Conti Collier County Transportation Services 2675 Horseshoe Drive South Suite 401 Naples, FL 34104 Re: Goodlette -Frank Road Dear Mr. Conti: Below please find the Summary of Pay riVNVYVH i Item No. Description Units Quantity Total 120 -1 EXCAVATION ROADWAY CY +1,283 120 -6 EMBANKMENT ROADWAY CY -1,987 126 -1 MEDIAN BACKFILL FOR LANDSCAPE CY -2,514 160 -4 TYPE "B" STABILIZATION SY +4,004 285 -709 OPTIONAL BASE GROUP 09 SY +8,903 331 -2 -A TYPE "S" ASPHALTIC CONCRETE 1" SY +8,903 331 -2 -C TYPE "S" ASPHALTIC CONCRETE 2 -1/2" SY +8,903 520 -1 -10 CONCRETE CURB & GUTTER TYPE F LF +6,344 520 -70 CONCRETE TRAFFIC SEPARATOR SPECIAL SY +197 526 -1 -1 UNIT PAVER PAVEMENT SY +130 570 -5 FERTILIZER TN -0.94 575 -1 SODDING SY - 11,325 SIGNING AND PAVEMENT MARKINGS Item No. Description Units Quantity Total 700 -40 -1 SIGN, SINGLE POST <12 SQ. FT. AS +2 705 -71 TUBULAR DELINEATOR EA +3 706 -3 REFLECTIVE PAVEMENT MARKER, TYPE "B" EA +183 710 -30 REFLECTIVE PAINT YELLOW ISLAND NOSE SY -6.5 711 -3 PAVEMENT MESSAGES EA -3 711 -4 DIRECTIONAL ARROWS, THERMOPLASTIC EA +3 711 -31 SKIP TRAFFIC STRIPE, THERMOPLASTIC WHITE 10/30 GM +1.33 711 -34 SKIP TRAFFIC STRIPE, THERMOPLASTIC YELLOW 6/10 LF 2535 711 -35 -121 SOLID TRAFFIC STRIPE, THERMOPLASTIC WHITE 12" LF 711 -35 -181 SOLID TRAFFIC STRIPE, THERMOPLASTIC WHITE 18' LF -25 711 -35 -241 SOLID TRAFFIC STRIPE, THERMOPLASTIC WHITE 24" LF +10 711 -36 -81 SOLID TRAFFIC STRIPE, THERMOPLASTIC YELLOW 8" LF +642 711 -36 -181 SOLID TRAFFIC STRIPE, THERMOPLASTIC YELLOW 18" LF +342 711 -38 -61 SOLID TRAFFIC STRIPE, THERMOPLASTIC (YELLOW) (6 ") NM -0.260 3501 Del Prado Boulevard ■ Cape Coral, Florida 33904 (239) 334 -0046 ■ Fax (239) 541 -1383 October 14, 2003 PBS &J Construction Services 1719 Trade Center Way, Unit 10 Naples, FL 34109 Subject: Goodlette -Frank Road Widening Project Ajax Paving Industries, Inc. Job No. 2432 Collier County Project No. 60134 Re: Pricing for Pay Item #649 - 123 -305, A3 -A3 -P5 Mast Arm (Southwest Corner Orange Blossom Drive and Goodlette -Frank Road) Mr. Day, Please find enclosed pricing for Pay Item #649- 123 -305, Mast Arm Type A343 -P5, at the Southwest comer of Orange Blossom Drive and Goodlette -Frank Road. Pricing is based on the revised Traffic Signal Plans dated 09/13/03. Pay Item #649 - 123 -305, Mast Arm Type A3 -A3 -P5 $23,320.50 EA Prime Contractor Mark -Up 5% $ 1,166.03 Total Cost $24,486.53 If you have any questions, or need additional information, please feel free to contact me. Sincerely, Michael J. Murphy Project Superintendent Cc: RJ Billian, General Superintendent Ajax Area 2 File AJAX PAVING INOUSTRIES - 10501 Six Mile Cypress Pkwy, Ste 106 • Fort Myers, FL 33912.6400 1239) 936.8444 - Fax: 1239) 936 -9445 16C1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 * ** 3315440 OR: 3467 PG: 0838 IICOVID in 011ICIAL 1140103 of COLLIII COQUI, 1L 12/11/2003 at 10:51AK MGI! 1. 310CI, CUB This instrument prepared by: BIC 111 6.00 Robert Zachary COtII 1.10 Assistant County Attorney Bata: Office of the County Attorney tOBLIC 0lI1Illif 3301 East Tamiami Trail BLDG 1 310 1L I11111011IC1 6 C 2 Naples, Florida 34112 11MPU CULI3 (941) 774 -8400 Property Folio No. 48173960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BAKER, THOMAS L & MARIAN J 2759 LAKEVIEW DR NAPLES, FL 34112 The Lien was recorded on the 20th day of March 2002, in Official Record Book 3002 Page 2539 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, BLOCK 6, GULF SHORES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this , -deb of L% 2003. ......... as BOARD OF COUNTY COMMISSIONERS, I? IG Z! 3 BAQ_M- dlerk COLLIER Y Y, FL RIDA By: s 1ofurn .�' TOM HE HAIRMAN " Approved as to form and legal sufficiency RO ER Z Y agate t)T:1 tJftT17A ''", `'Wt R6B'f C ,; "'r T;T ris;s Fs � :ro- and torreci corjy the CFr:C T "t 'date, DWIGff 4' � ';"i cE'RC "� - C. RCUIT C00T �p X 3315441 OR: 3461 PG: 0839 IICOIDID is 01PICIAL 13COUB of COLLIII CM, PL 1211012003 at 10:57AH DWIGHT I. Boa, Cult UC 111 0.00 This instrument prepared by: C01III 1.00 Robert Zachary Iota: Assistant County Attorney PULIC DTILITIII Office of the County Attorney BLDG 130 PL IITM10111 I . 3301 East Tamiami Trail AM: In CALLA 6 Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62787920001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BIDAK LLC 270 MONTEREY DR NAPLES, FL 34119 The Lien was recorded on the 6th day of March 2002, in Official Record Book 2993 Page 3072 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 49 AND 50, NAPLES PARK, UNIT 5, BLOCK 72 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of QQej &M�{2003. ATT : ' ' BOARD OF COUNTY COMMISSIONERS, DW I , %R . V. t�9rk COLLIER CO YJFLRIDA By-. ?� = TOM HENNING, CHAIRMAN Approved astolorm State.. of Fl�R7& and le al cy t N is " +)^ r?ip ROBERT A Y correc- cp�v ,; s c c ti e; i;; the fj}- date,- z�..A�.4_ZS2Lt'. DWIGHT F. B � i� i f; ti F �. r UI'1" COURT bx. �` `' O �•C This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62572960001 * ** 3315442 OR: 3467 PG: 0840 * ** DC0101D in 011ICIU 11CO1D1 of cuun COURT, PL 12/10/2003 at 10:57M DWIGHT i. 81001, CUB Be nl 6.00 Will 1.00 Rote: PUBLIC 9TILITI31 BLDG l in PL IR11011IC1 ATT1 :P11 ULLII SATISFACTION OF LIEN 16 C2 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: FONTANA, ANTHONY & DIVINA 591 99th AVE N NAPLES, FL 34108 The Lien was recorded on the 15th day of October 2002, in Official Record Book 3131 Page 2314 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Dollars and No Cents ($1,000.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 49 & 50, BLOCK 18, NAPLES PARK, UNIT NO 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS `KHFREOF, the Board of County Commissioners of Collier County, Florida, acting throi gh jts . directs execution and recording of this Satisfaction of Lien, by action of the Board this ,day. o� 2003. BOARD OF COUNTY COMMISSIONERS, DV41( W t iiROCK;Cleric COLLIER COUNTY, FLORIDA ', . _JJ stgnat qtly. y' TOM HE C HAIRMAN Approved as to form and legal suffi ' ncy R B ZA County of COLLIER I HEREBY CERT.I.FY Tlri'l: th,x : is a_t,r'yf and correr_t` copy ,of a d;r r.cod in the Off aL: l RC C,0 , r ,pur,tY. W?ThESS mY orftr, f Jr s :t= this DWIGHI ��', CLERK Of CIRCUIT COURT This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 56405840000 * ** 3315443 OR: 3467 PG: 0841 * ** 11CODDID A OPPICIAL 11COIDI of C011M C00iTT, IL 1211112003 At 10:57AD DDIGBT 1. DIM, CLIn ne nI i.11 corns L" tetra: PUBLIC DTILIVIBI BLDG B 30 PL I1711011IC1 AHD:PAD CALLII SATISFACTION OF LIEN 1602 KNOW AIL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: J T GAUNT & LOIS B. GAUNT PO BOX 757 CLEWISTON, FL 33440 The Lien was recorded on the 2nd day of May 2001, in Official Record Book 2817 Page 0505 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 11, BLOCK 4, AND LOTS 21- 24 -25, BLOCK 6, MAINLINE SUBDIVISION OF IMMOKALEE, FLORIDA Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting throu s C baimm ,directs execution and recording of this Satisfaction of Lien, by action of the Board thin d8o ��003. e, i ATM&R, `i ..,'�t �;.r: " . �'' ' BOARD OF COUNTY COMMISSIONERS, DWIGHT L,.HiiOCK,_ tk- . COLLIER CO Y, FLORIDA Att B e, agt 1hairmin -S y TOM 1 E G,. HAIRMAN signature only: Approved as to form and legal sufficiency RO ER ZA County of I RTIFY rrTthis is.atrue and f d cz correct, ogy bf ^m�nm ^c r,'.ed in the OF'r I ICE. REC !:TES` i.f 4tvvl'° fe^.- :onn4y..4, 1. ( 11tiESS_- my;,lt -,td's d S_ al this date, 1). 90w" .- �;:,_ C_L'X ,OE ..C.IRCUIT COURT D _,� C This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62102840009 * ** 3315444 OR: 3467 PG: 0842 11COIDID is OFFICIAL 11CO"s of CoUIII CoORT, PL 11/11/1003 at 10:57M DVIGST 1. SIM, CUSS SIC 111 1.00 Collis 1.00 Sets: PUBLIC DTILITIIS BLDG 131D It IIT110PPIC1 AM :PAI CALLIS SATISFACTION OF LIEN 16'C2 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: JESUS GOMEZ 6034 SW 27TH STREET MIAMI, FL 33155 The Lien was recorded on the 31st day of October 2001, in Official Record Book 2916 Page 2701 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Eighty Dollars and No Cents ($380.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 3, IN BLOCK 14, OF NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting thro s Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this i y o0ftMjb92003. BOARD OF COUNTY COMMISSIONERS, VWI� OBI{; Clerk COLLIER CO Y, FL RIDA fpnatiir:�; .s TOM HENNING, NAHU,4AN Approved' to form � vge.aFECt�aa4�,A and legal sufficiency State of,41 0:2IDA I HE-R�B i C t :i 1' �r,�T' t.� i �is . a... true and R ER Y Corrc;cP ;.4, ° , u3t� °i N' s ordsd in the. fFFi °. ±'L f � tsu ^i.y. WIT1d5S m1 $hiS date ;. DWIGHT E—. COURT ,r. s by: �M• r. � d * ** 3315445 OR: 3467 PG: 0843 * ** HCa1DID in 0111CIU HCM3 of COU111 COW, 1L 12/11/2003 at 10:57M DYIGU 1. Ina, CLIII This instrument prepared by: 11C til 1.00 Robert Zachary Leta: C01II5 1.00 Assistant County Attorney 10BLIC OTILITIIi Office of the County Attorney BLDG 130 IL IMfl1011IC1 3301 East Tamiami Trail AM:1AM CALLII 16 Naples, Florida 34112 C (941) 774 -8400 Property Folio No. 61380720007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: IL DOLLARO S.R.L., an Italian corporation Via melchiotre Gioia #11 44100 Ferrara Italy The Lien was recorded on the 2nd day of October 2002, in Official Record Book 3121 Page 1552 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 28 AND 29, NAPLES BAYVIEW ADDITION NO. 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting thro�u/� l i�ts Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisl� dgy oiCtm "2003. BOARD OF COUNTY COMMISSIONERS, DW,) {3T`E: SRO Oirk COLLIER C;G,CH Y, FL IDA T Ait�st �lt:�p•CbaYrltart' By r 1,91r y M l � • ! TOM HF MMAN"-j Approved as to' form -)t ate of FL4 klDA a and le alsu ncy County of ALLIER ` I HE'MY CERTIFY THAT- this'is a true,and correct eopy of a . local f iec,*de2 in R BER Y the OF,FICVA.. R� 15 of;. Coil ic:r iounty,' WITQh.nu ��J �f`i-j-1,eaiM1t'i:'s date,C� 4.. DWIGHT E J�R'J:iC f COiJRT� by: This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 74030960007 * ** 3315446 OR: 3467 PG: 0844 11011111 is OPPICIAL 11C0101 of COLLIII MUM, PL 1211112007 it 30:57111 BVIGHT I. B10C1, CLIH 11C PIl 1.0 COPIII 1.0 Iota: PQDLIC OTILITIi1 BLDG 1 310 PL IR110111C1 AM:PAK CALLI/ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: MAYHOOD, SUE ANN 11071 Terry Street E Bonita Springs, FL 34135 The Lien was recorded on the 16th day of May 2001, in Official Record Book 2825 Page 1908 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8, BLOCK 2, OF THAT CERTAIN SUBDIVISION KNOWN AS IMMOKALEE HEIGHTS Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. 16r.2 IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting thro its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day QEY . 2003. BOARD OF COUNTY COMMISSIONERS, DWIGHT E .''BROCK;:Elgrk COLLIER CO Y, FLORIDA rll.. By: f liatt••= TOM HENNING, CHAIRMAN Approved 'as to forth S:ctt2 of and legal su 'enc ff .tr t±e and R BE Z y t:ay. DWIGHT C. o- .0 * ** 3315447 OR: 3467 PG: 0845 * ** "COIDID in 011IC1AL IICORDS of COU111 C09R1, 1L 12/11%2003 At 10:57AN OUGHT 1. BROCI, CURS This instrument prepared by: I1C 111 6.11 Robert Zachary COINS f6C2 11 Assistant County Attorney Rita: Office of the County Attorney lOBLIC 971LIlIII BLDG 130 1L IIlIA011Iq 3301 East Tamiami Trail A"WAN CRLLIS Naples, Florida 34112 (941) 774 -8400 Property Folio No. 00126120000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: RSG FAMILY LTD PARTNERSHIP - RAMOKALEE 850 S COLLIER BLVD APT 1701 MARCO ISLAND, FL 34145 -6119 The Lien was recorded on the 17th day of October 2000, in Official Record Book 2732 Page 3326 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Fifty Dollars No Cents ($450.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 4 -47 -29 SE1 14 OF SWIM OF SEI /4, LESS R/W 8.82AC Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting throw its Ch ' an, directs execution and recording of this Satisfaction of Lien, by action of the Board thisl�,day 2003. .9iirp �r , A1'I713 F �C . BOARD OF COUNTY COMMISSIONERS, Dwmar E. BROCI;,.Clytk COLLIER CO Y, RIDA By: Est as Chair man - s TOM HENNING; CHA�ILC+1+r AN !'iq�},y�a •only. x`. .. Approved as to form and le al alfkiency `'te R BER Y corre c . ,. this OW1Gifi ! , l' cn — NiT COURT by; This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 61380040004 * ** 3315448 OR: 3461 PG: 0846 * ** SIC01010 in OPPICIAL 11COUS of COLUIB CUM, PL 12111/2003 at 10:91116 wim I. ISOCI, CL11S SIC Pill 6.06 C01I11 1.11 1etn: PUBLIC UTILI1111 BLDG 130 PL IM101110 AM:PAK CAMS SATISFACTION OF LIEN 16C2 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: REALTY HOLDINGS, L.P., % Kenneth R Johnson 4001 Tamiami Tr N Ste 300 Naples, FL 34103 The Lien was recorded on the 3rd day of October 2001, in Official Record Book 2901 Page 1769 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Sixty Five Dollars and No Cents ($365.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 1, 2, AND 3, NAPLES BAYVIEW ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS W,WREOF, the Board of County Commissioners of Collier County, Florida, acting through i" a ai 4 cts execution and recording of this Satisfaction of Lien, by action of the Board this ay, 003. AT H§T•.: a BOARD OF COUNTY COMMISSIONERS, DWIC3I)';E.b�{G,'Clzfc� COLLIER CO Y, FL RIDA 1�, 1 p•C. Signature only. TOM HEN NING CHAIRMAN Approved as to form M and legal suf ency q.? ° o• F''' 4 t r f � RObERt Z&HARY f he NITt`.fa� wit :s date •� ay: .0 * ** 3315449 OR: 3467 PG: 0847 * ** 11COUID in 011ICIIi 1'SC01DI of COLLIII COW, It 1211112003 at 10:57111 HIGH 1. I10C1, 01111 This instrument prepared by: 110 111 0.00 Robert Zachary C01I11 Kits: �. Assistant County Attorney 1011IC Ol'ILI3I11 Office of the County Attorney ILDG 130 1L IM1011IC1 . 3301 East Tamiami Trail 1411:111 ULLI1 Naples, Florida 34112 (941) 774 -8400 Property Folio No. 61380040004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: REALTY HOLDINGS, L.P., A Pennsylvania Limited Partnership 4001 Tamiami Tr N Ste 300 Naples, Fl 34103 The Lien was recorded on the 16th day of May 2001, in Official Record Book 2825 Page 1914 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Thirty Five Dollars and No Cents ($335.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 1, 2, AND 3, NAPLES BAYVIEW ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting thro g1} ts'rmatt, directs execution and recording of this Satisfaction of Lien, by action of the Board thin �°�day o 003. ATT1✓$T: HWIGHT E. BRQCk,Clerk N. as hai 's i signature on y. Approved as to form and legal suffiaicricy RO ER Y BOARD OF COUNTY COMMISSIONERS, COLLIER CqPNTY,, ORIDA By: TOM HENNING, CHAIR )t +tE J{ f o iC ; COU "lJ Jti .rue �S� Y rCili the a o ' th", wr by: * ** 3315450 OR: 3467 PG: 0848 * ** 11CO1DI0 in OPIICIAL OCCUS of couin cam, n 12/1012003 A 10:57M DIIGaT 1. 11001, CLIK This instrument prepared by: Be r1l 1.00 Robert Zachary C0PII8 .00 Assistant County Attorney lets: Office of the County Attorney POILIC DTILITIII 3301 East Tamiami Trail BLDG 130 PL IIT110P1Iq Naples, Florida 34112 AM:PW ULLII (941) 774 -8400 Property Folio No. 62101400000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: EILEEN CURRAN SPECTOR 1232 WOODRIDGE AVE NAPLES, FL 34103 -8922 The Lien was recorded on the 2nd day of May 2001, in Official Record Book 2817 Page 0503 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Ninety Dollars ($290.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 12, LOT 36 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN W1TNF,S Yfbl'TREOF, the Board of County Commissioners of Collier County, Florida, acting thro It ' " an, Qirebts execution and recording of this Satisfaction of Lien, by action of the Board thi 2003. BOARD OF COUNTY COMMISSIONERS, DWI ]3 : R' Clerk COLLIER CO Y, FL RIDA Wiz' •�.:.., ,. By: 1 Attlft as to'Chalnan�s TOMHENNIN(i�r CRAIRMAN. Signature only. Approved as to form and 1 ency RdBERI RY Cgunry J I. � P� -.{. l w.i%i• �i - d . r 111@ �' 4iIT"NFS., , i,. ,,.';�� ,:- ; :,1" i i? �s• DW16111- f. i 0c <' , i:' ` ':�iilT C'vi RT RESOLUTION NO. 2003 -452 1'6,C3 r A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93 -29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93 -29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93 -29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 82400 This Resolution adopted thisJ13+�) day of LffIl2ftbC , 2003, after motion, second and majority vote BOARD OF COUNTY COMMISSIONERS t Y ATTEST COLLIER COU TY, FLO IDA DWI, h1T L �B'ROCK CLERK BY: At►'L.ax� 's TOM HENNING a1Qne , CHAIRMAN Approved %4 and legal su y: .` David C. eigel U County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 62770720001 *** 3315751 OR; 3467 PG; 2392 44SC41D in OFFICIAL RECORDS of COLLIER COUNTY, FL ��6JJJ C3 12/18/2003 at 02:33PN DWIGHT B. BROCR CLERK RBC FBI 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 80796 th Ave N Naples FL 341082465 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 60000 Account No. 82400 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs executigqrl end recording of this Satisfaction of Lien, by action of the Board this (0 day of 2003. ATTEtT. DWIPHT•E. BROCK,'I LARK .t° Appi* and legal 'f BOARD OF C NTY C MISSIONERS COLLIER NTY, F IDA D.0 . By: RESOLUTION NO. 2003 - 5 „ 6 C14 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94 -668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 119852 This Resolution adopted this 1bday of CL-Iy ry� be , 2003, after motion, second and majority vote. ATTEST - DWIGHT E. BRGOK; CLERK D4. Att; 7$` Choi 's V sigtra �r.� O i . Approve as to o m and le al uffi it''David C. W igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLO IDA 4� v BY: TOM HENNING, CHAIRMAN * ** 3315752 OR; 3467 PG; 2393 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/18/2003 at 02:33PN DWIGHT B. BROCK, CLERK RBC FBI 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTBROFFICB 4TH FLOOR BXT 7240 16C4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 62770720001 * ** 3315753 OR. 3467 PG; 2394 * ** RECORDED in OFFICIAL RECORDS 12/18/2003 at 02:33PH DWIGHT Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN of COLLIER COUNTY, FL B. BROCK, CLERK RBC FIE 6.00 COPIES 1.00 UNTY KNOW ALL MEN BY THESUNY R SFLORIDA wasthe BOARD ownerOandOho der of COMMISSIONERS OF COLLIER CO a certain Lien against: Miyares, Teresa 80796 th Ave N Naples, FI 339630000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. Cents Lien $100.74) plus accruedantere tf One Hundred Dollars and Seventy Four and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. PROJECT NO Account No 62770720001 61000 119852 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exg�tn and r cording of this Satisfaction of Lien, by action of the Board this 44 day of 2003. J h� ATT T. �'.. DxNl�,'�. HT E. &ROCK, CLK =ROBERT ency z 14 HARY BOARD OF C UNTY C MMISSIONERS COLLIER NTY, F RIDA By. TOM HENNING, CHAIRMAN RESOLUTION NO. 2003- 4-,4 1 6 GS A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94 -694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 23838 This Resolution adopted this day of D66ftber , 2003, after motion, second and majority vote. ATTEST, DWIG T E ::$ROOK .,CLERK Attest ',ds Cha n's si9Aa. ut�.,�t�j�rti Approve as to form and le al s ncy: David C. ergel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN * ** 3315754 OR; 3467 PG; 2395 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/18/2003 at 02:33PK DWIGHT B. BROCK, CLERK RBC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 3315755 OR. 3467 PG; 2396 COUNTY, RECORDED in OFFICIAL RECORDS of COLLIER CO , FL 12/18/2003 at 02:33PK DWIGHT B. BROCK, CLERK RBC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 Property Folio No. 62770720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 807 961h Ave N Naples, FI 339630000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State Seventy Four Cents ($100.74) plus accruedanterestf One Hundred Dollars and Se y and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 63000 Account No. 23838 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS: WHEREOF, the Board of County Commissioners of Collier County, Florida, ,aetin` .tfiraggh its Chairman, directs exeMd and recording of this $'ati�ctiOh _Liop, tiby, action of the Board this y of 2003. .?, A� BOARD OF GMUNTY C MMISSIONERS l�V1fr�� -IT.,R `BFi4CK ;CLERK COLLIE UNTY, RIDA TOM HENNING, CHAIRMAN Ap t run ; an 9 fi8 ky R BERT Z ARY 16C6 RESOLUTION NO. 2003-455 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95 -475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95 -475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 22392 This Resolution adopted this l�day of C ,err1 2003, after motion, second and majority vote. ATtg§f: C?W16HT 8.1 BROCIG,`�LERK a. 'Atf# t As' # s Approved as to form and legal su cy: David C. e gel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA *** 3315756 OR: 3467 PG: 2397 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/18/2003 at 02:33PK DWIGHT B. BROCK, CLERK REC FEE 6.00 Retn; COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 62770720001 * ** 3315757 OR: 3467 PG: 2398 ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 1 / �0111 )- 012/18/2003 at 02:33PK DWIGHT B. BROCK, CLERK hJ RBC FBI 6.00 C 6 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 80796 th Ave N Naples, Fl 339630000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents (104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 64000 Account No. 22392 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs � :ion and recording of this Satisfaction of Lien, b action of the Board this da of e--e b!� 2003. v O 1 .4 }e •ti. ATTEaT. QAtdHT.E. BROOK, LERK {� • /�, A e; iY 4 %7A i!AA.� JAA.,.• ..,..,J. . Jillta A pTrov ai. o r 1 _ : .,�!. BOARD OF COVNTY CO ISSIONERS By COLLIER C TY, FL DA TOM HENNING, CHAIRMAN RESOLUTION N 1 6 O. 2003 _ 4 5 6 v A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amen Board of County Commissioners on August 1, 2000 adopted Resolution amended, the ution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste c disposal services special assessments for 1995; and collection and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 Record Book 2707, Pages 3195 through 3273 of the Official Records of C �n Official Collier County, Florida, which placed a lien on certain properties for the delinquent solid and disposal services special assessments for 1995; and waste collection WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires q the Board to approve by Resolution and record in the Official Records a Satisfaction accounts that have been paid in full. of Liens on all NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant COUNTY Ordinance 90 -30, as amended the Board recognizes full payment and receipt to Collier County Service Year Solid Waste Collection and Disposal Special Assessment for of the 1995 accounts numbered below, subsequent to the adoption of Resolution f N the following whereupon a lien had been recorded on real property °• 2000 -236, herein. The Satisfactions of Lien attached hereto pefere pertaining to the accounts identified are hereby approved and the Chairman is hereby authorized to a accounts identified herein Of County Commissioners, and the Clerk is directed to record thgis Reso uti of the Board Satisfactions of Lien individually in the official records of Collier Count: lution and these Y Account No. 23605 This Resolution adopted this day of second and majority vote. r, 2003, after motion, BOARD OF COMMISSIONERS DWIIGH9T . E. BROCK7,•C-ERK COLLIER CO TY, FL RIDA ,,. r �• C . BY: TOM HENNI19,,Cyh�W Apprb>red, ,, to ft�r and OR. 3467 PG: 2399 legal suffic" RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL �.-- -� 12/18/2003 at 02:33PM DWIGHT B. BROCK, CLERK ABC FEB 6,00 avid . W I Retn: COPIES 1.00 County Attorney CLERK TO THE BOARD INTBROFFICB 4TH FLOOR B %T 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62770720001 3316759 OR; 3467 PG; 2400' RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 16C7 12/18/2003 at 02:33PM DWIGHT B. BROCK, CLERK RBC FEE 6,00 Retn: COPIES 1,00 CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 80796 1h Ave N Naples, FL 341082465 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 65000 Account No. 23605 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe *on and ecording of this Satisfactionrl: Lien, by action of the Board this16 day of r'46° , 2003. ATTEST: DWIGHT E. BROO BOARD OF C UNTY C MMISSIONERS K, �t'�,,L�ERK COLLIER C NTY, F RIDA By: At,t jo t;'85 Che 's. TOM HENNING, HAIRMA and legal sufficiency R ER AC A Y 16 C8 " RESOLUTION NO. 2003- 457 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 26042 This Resolution adopted after this) (P day of ber, 2003 after motion, second and majority, vote. .ti BOARD OF COMMISSIONERS ATT =EV.: ¢t' COLLIER CO NTY, F RIDA DWIGHT E. BROCK;, = GLiRI< , �$ TOM HENNING, CHAIRMAN 91 Owl �ture I I.Y. * ** 3315760 OR; 3467 PG; 2401 Approved as to form and RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL legal sufficiency: 12/18/2003 at 02:33PH DWIGHT E. BROCK, CLERK ROC FEE .00 Retn: 1 —f /�'� COPIES 1.00 David C. eigel CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62770720001 1 6 C 8 * ** 3315761 OR; 3467 PG; 2402 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/18/2003 at 02:33PH DWIGHT B. BROCK, CLERK RBC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 80796 th Ave N Naples, Fl 341082465 The Lien was recorded on the 8Th day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 66000 Account No. 26042 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execn an recording of this Satisfaction of Lien, by action of the Board this ay of 2003. ATTE;§T: = ; DW IC4HT E:- BROCK, Appr*ffa' To rM and legal sufficiency ROBERT'ZACHARY BOARD OF C NTY C MISSIONERS COLLIER C NT Y, F IDA 0 By: 'Z� - TOM HENNING, CHAIRMAN 16C11 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16,2004 16C12 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 16C13 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 16C14 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16,2004 16C15 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16,2004 16C16 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16,2004 6 3316512 OR: 3468 PG: 2331 1 8 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2003 at 03:16PH DWIGHT E, BROCK, CLERK RBC FEE 60,00 Retn: COPIES 13.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR CONTRIBUTION AGREEMEW 7240 Home Center Plaza Water Utilities THIS CONTRIBUTION AGREEMENT is made and entered into this 1&" of 2003, by and between SOUTHERN DEVELOPMENT COMPANY, INC., a Florida corporation herein "CONTRACTOR ", and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT hereinafter "County ". RECITALS: WHEREAS, Contractor is desirous of entering into a contribution agreement with the County whereby the County agrees to pay cash in exchange for the construction and installation of certain UPSIZED regional water system facilities, improvements or additions thereto, made to the County's regional system, which are not presently needed by Contractor to satisfy the project's needs, but which are requested by the County to accommodate needs of others; and WHEREAS, Contractor either has legal control over, or is the legal owner of certain lands described in Exhibit "A" (hereinafter referred to as "Project" or "Water System Impact Development Lands ") attached hereto and incorporated herein by references which upon development in near future will be subject to the imposition of water and wastewater system impact fees; and WHEREAS, all parties acknowledge that the valuation of eligible anticipated construction to the County's regional water system shall initially be based upon professional opinions of total project probable costs certified by a professional engineer; and WHEREAS, all parties acknowledge that in the case of contributions of construction or installation of improvements, the value of Contractor's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by Contractor; and WHEREAS, the County Public Utilities Division has recommended to the Board of County Commissioners that it will be advantageous to the public for Contractor to install certain water utility facilities described in Exhibit `B" and "C" which facilities are hereinafter referred to as the "Utility Project ", which are composed of, among other things, UP -SIZED water utility facilities that are larger in size and that will carry capacity in excess of the size and capacity determined by Contractor to be needed solely to accommodate Contractors' Project; and WHEREAS, the County is amenable to reimbursing Contractor's increased materials costs and increased installation costs actually incurred and paid by Contractor, which costs would 1 OR: 3468 PG: 2332 aid but for the up-sizing 16Ci8 not have been incurred or P of the subject water transmission facilities; and WHEREAS, all parties acknowledge that NO CREDIT WHATSOEVER for land, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution pursuant to the Contribution Agreement but shall be eligible for reimbursement of provided for in said law, ordinance or rule or regulation; and WHEREAS, all parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the utility construction standards and procedures of the County and shall be first approved by the Collier County Public Utilities Administrator prior to commencement of construction; and WHEREAS, Contractor acknowledges and agrees that Contractor shall have full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation on behalf of Contractor necessary to convey the contribution to the County in conformance with the County's utilities standards and procedures ordinances and regulations; and WHEREAS, Contractor has submitted to the Collier County Public Utilities Administrator an acceptable proposed plan and estimate of costs for the subject contributions (hereinafter "Proposed Plan ") which includes but is not limited to: a. A designation and description of the Water System Impact Development for which the Proposed Plan is being submitted; b. No land is proposed to be donated; c. Acceptable initial professional opinions of probable construction cost for the proposed construction prepared by a professional engineer; d. An acceptable proposed time schedule for the completion of proposed plan prepared by a professional engineer; and e. A twenty -five hundred dollar ($2,500) processing, review and audit fee payable to the County; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's regional water system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's water system 2 OR; 3468 PG; 2333 16C1 impact fee trust account ccount in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's regional utility systems; c. Such proposed Plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the treatment and transmission capabilities of the County's regional water system; d. The Proposed Plan is consistent with the public interest; and e. The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five -year capital improvement program for the County's regional water system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, Contractor agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution, nor shall this Contribution Agreement be effective unless Contractor's legal counsel shall satisfactorily advise the County Attorney in writing prior to time of recordation of this Contribution Agreement as required herein, that Contractor has all funds necessary to complete the contribution available and under its control; and WHEREAS, the contribution contemplated under this Contribution Agreement shall be construed and characterized as work done and property rights acquired by a utility or other persons engaged in the distribution of water for the purpose of constructing or installing on established rights -of -way, mains, pipes, cables, utility infrastructure or the like; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct and shall be incorporated herein. 2. In exchange for the contributions identified and contemplated in this Contribution Agreement, Contractor shall be entitled to a cash reimbursement as more particularly described herein. 3 OR; 3468 PG; 2334 � r; 3. The amount of Contractor's cash reimbursement shall be determined according o e following standards of valuation: a. The Contractor acknowledges and agrees that with regard to this Agreement there are to be no donations of land for which there is to be any credit from the County. b. The value of eligible and anticipated construction to the County's regional water system shall be based upon professional opinions of total project probable cost certified by a professional engineer. c. In the case of contributions of construction or installation of improvements, the value of Contractor's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Contractor, exclusive of design costs. However, in no event shall any upward adjustment exceed twenty percent (20 %) of the initial estimate of costs for contributions. The initial estimate of costs for contributions under this Contribution Agreement is detailed in Exhibit "C ". d. No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution. e. A narrative description of the contribution which is the subject of this Agreement together with initial professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Proposed Plan, if applicable, prepared by a professional architect or engineer, are attached hereto as composite and Exhibit "B ", the Proposed Plan, which is incorporated herein by reference. 4. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution. 5. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. 6. Contractor shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, 4 01 66CT-8335 inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 7. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws, State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 8. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 9. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 10. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 11. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Contractor. 12. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. 1 - i �.r• ATTEST: BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA DWIGHT E BROCK, Clerk 5 By: Depu� clerk WITNE'SES. SOL a Flc Bpi FIRST WITNESS: iZolIALD E, 0l Print/type name SECOND WITNESS: rint/type name STATE OF ,r %wudt�. COUNTY OF l OR; 3468 PG; 2336 16C18 Chain NY, INC., The foregoing instrument was acknowledged before me this 1_day of 1"-, 2003,by , MARIO CURIALE President of SOUTHERN DEVELOPMENT COMPANY, IKC., a Florida Corporation, on behalf of the corporation. He is [ ] personally known to me, or [ ] has produced driver's license no. C' G yo syo -5/- / 35 -D as identification. NOTARY P IC (SEAL) Name: darbe -a Jean yl'ioorL (Type or Print) Approved as to fo and legal sufficiency: Thomas Palmer, Assistant County Attorney My Commission Expires: 1/17/0 Y F�0 BAREARA JFAN MOORE N PuBUC My Comm Exp. 1/17/04 No. CC 8967761 (I Pe a"Iy Known do*. ri OR: 3468 PG: 2337 16C18 EXHIBIT "A" HOME CENTER PLAZA —16" WATER SERVICE Description of land (Physical Location of Water Main) The 16" water main complete with fittings and ready to be placed into service exists within the U.S. 41 Right of Way. The 16" water main is located along the south shoulder of U.S. 41 beginning at the east Right of Way Line of C.R. 951 and extending 780' ± to its eastern terminus. AGEf117A ITEM DEC 1 6 200, PG. OR: 3468 PG: 2338 a 6C18 EXHIBIT "B" HOME CENTER PLAZA —16" WATER SERVICE Project Description The project consists of 740 feet of 16" PVC water main complete, ready to be placed into service including tie -in to existing County 20" water main, including all fittings, valves and appurtenances. The main exists within the U.S. 41 Right of Way and extends along the south shoulder of U.S. 41 approximately 740 feet eastward from the tie -in point at the east Right of Way line of C.R. 951. F AGENO ITEM . 1G � EC 1 6 200: to Home Center Plaza AKA MARCO BUILDING SUPPLY fthibi� 0- „ 1 d- j Davidson Engineering 2154 Trade Center Way, Suite 3 Naples, FL 34109 Phone: 239 -597 -3916 Fax: 239 - 597 -5195 Collier County Water Main Cost Estimate Description Quanti Prepared by: Jeff Davidson Davidson Engineering, Inc. Each Total 16" C -900 CL 150 690 LF 34.33 23,687.70 16" BUTTERFLY VALVE 1 EA 2,500.00 2,500.00 16" 45 DEGREE BEND 2 EA 990.00 1,980.00 16"X 12" TEE 1EA 1,410.00 1,410.00 16" SLEEVE 1EA 500.00 500.00 16" BELL RESTRAINT 7 EA 500.00 3,500.00 16"X 2" CAP 1EA 550.00 550.00 16" PLG 1EA 2,500.00 2,500.00 AUTO. FLUSH. DEVICE 1EA 5,200 5,200 16" Water /Fire Main Total $41,827.70 10" C -900 CL200 690 LF 11.72 8,086.80 10" GATE VALVE 1 EA 1,080.00 1,080.00 10" TEE 1 EA 480.00 480.00 10" 45 DEGREE BEND 2 EA 310.00 620.00 10" BELL RESTRAINT 7 EA 207.50 1,452.50 10" X 2" CAP 1 EA 240.00 240.00 10" LP SLEEVE 1 EA 360.00 360.00 AUTO. FLUSH. DEVICE 1 EA 5,200 5,200 10" Water /Fire Main Total $17,519.30 Difference between 16" and 10" water main cost = $24,308.40 The chore cost estimates are to accompany the attached base plan showing the proposed 16" water main construction within the US41 Right Of Way. J l 8 I cam. cc c� A 0. !!E DA ITEM DEC 9// 6 2t PG. Home Center Plaza AKA MARCO BUILDING SUPPLY ADDENDUM Davidson Engineering 2154 Trade Center Way, Suite 3 Naples, FL 34109 Phone: 239- 597.3916 Fax: 239. 597 -5195 Collier County Water Main Cost Estimate Description Quantity �t�ck i bi 1 11 Co � a �- Nov. 13, 2003 16C18 Prepared by: Jeff Davidson Davidson Engineering, Inc. Each Total 16" C -900 CL 150 690 LF Additional Cost Per L.F. 15.67 10,812.30 16" C -900 CL 150 50 LF Additional Length 50.00 2,500.00 16" 45 DEGREE BEND 1 EA 1 Additional Bend 990.00 990.00 16"X 2"C153 TP 1 EA 1,200.00 1,200 16" SLEEVE 1 EA 500.00 500.00 16" BELL RESTRAINT 4 EA Four Additional 500.00 2,000.00 20" MEGALUG 1EA 600.00 600.00 16" PLG 2 EA 2 Additional 2,500.00 5,000.00 20 "x16" REDUCER 1 EA 1,200.00 1,200.00 PIG 1 EA 1,500.00 1,500.00 ADDITIONAL ENG /INSP 4,500.00 4,500.00 16" Water /Fire Main Total $30,802.30 The above costs are additional to the original estimate of $ 41,827.70 for the 16" water main construction. The total estimated revised difference in construction costs between the 10' water main and the 16" water main are as follows: $41,827.70 + $30,802.30 - $17,519.30 = $55,110.70 2. C-A Dr- CY oc r" c AGE A ITEM NO..�� DEC 1 6 20 P(. 12 OR; 3468 PG; 2341 16C18 EXHIBIT "D" HOME CENTER PLAZA —16" WATER SERVICE Region to be Served The subject 16" water main will currently serve a project area known as Home Center Plaza which is a 16.2 acre parcel located along the length of the main and on the north side of U.S. 41. Collier County has plans for the subject main to be extended and ultimately serve property north and south of U.S. 41 from the intersection of U.S. 41/ C. R. 951 to the intersection of U.S. 41/ Manatee Road, AGE Dly ITEM N0. C j DEC �3 00: PG. OR; 3468 PG; 2342 1 5C18 EXHIBIT `E' RISK MANAGEMENT GUIDELINES Insurance Provisions: Developer shall require all contractors performing work pertaining to this Agreement to procure and maintain the following insurance policies. Prior to the commencement of work, Developer shall provide to the County certificates of insurance indicating these coverages. Comprehensive General Liability: Contractor shall maintain minimum limits of $1,000,000 per occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and/or Operations, Independent Contractors and Subcontractor, Completed Operations, Board Form Property Damage, XCU Coverage and Contractual Liability endorsement. Worker's Compensation: Coverage shall apply for statutory Limits in compliance with applicable state and federal laws. The policy must include Employer's Liability with a limit of $1,000,000 each accident. Business Automobile: Contractor shall carry minimum limits of $1,000,000 per occurrence Combined Single Limit for Bodily Injury include Owned Vehicles, Hired and Non -owned Vehicles and Employee Non - ownership. Additional Insured, Miscellaneous: The Collier County Board of County Commissioners are to be added as an Additional Insured on the Comprehensive General Liability Policy. Current valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the utility project. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 -day notification to the county in the event of a cancellation or modification of any stipulated insurance coverage. Developer shall be responsible for ensuring that the contractor complies with the above - mentioned requirements. No work shall commence until proper certificate(s) indicating compliance are received by the County. AGEN A ITE N0. (� G DEC 1 66 2 PG. /7 * ** OR; 3468 PG; 2343 * ** 6CI Indemnification Provisions: Developer, in consideration of Ten Dollars ($10.00) receip and sufficiency of which is accepted through the signing of the Agreement to which this exhibit is attached shall hold harmless and defend County and its respective agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description arising out of or incidental to Developer's performance under the subject Agreement or the relocation of the Utility Facilities thereunder. This provision shall also pertain to any claims brought against the County by any employee of Developer, any Contractor or Subcontractor or anyone directly or indirectly employed by them. Developer's obligation under this provision shall not be limited in any way by the contribution amount or Developer's limit of or lack of sufficient insurance protection. ITEM I C �� D� 16C19 MEMORANDUM Date: December 23, 2003 To: Kelsey Ward, Purchasing Agent Purchasing Department Support Services Division From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract 03 -3517 with Greele "Professional Engineerin Y and Hansen LLC for for Projects 70151 701522 Services for Water Main ProjeProjects" , and 70153 Enclosed please find three (3) original contracts of the do referenced above, approved b re December above 3 by the Board of Count current agenda Item #16C(19). y Commissioners Kindly forward the documents to the appropriate artis for records. The Finance Department and Minutes & Re p have have their copies. ords If you should have any questions, please contact me at: 732 -2646, Ext. 7240 Thank you, Enclosure (s) ITEM NO.: D ATE I FILE NO.: �,/OUN A ROUTED TO: ", DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES C(DPY Date: December 16 2003 To: Office of the County Attorney 9�- 1'' 3 Attention: Scott Teach From: Kelsey Ward, Senior Purchasing ,�� Purchasing Department, Extension Contract Agent Administrative Services Division Re: Contract No. 03 -3517; "Professional Engineering Services for Water Main Projects (County Road 951 and US 41 Water Mains) Greeley and Hansen LLC; Contractor BACKGROUND OF REQUEST: This Contract was approved by the BCC on December 16, 2003; Agenda Item 16(C)(19). This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Scott, This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are an the document, please contact me. Purchasi qu would a p p erei ciate notification when the documents exit your office. Thank you. I C: Ron Dillard, PUED MEMORANDUM TO: Sheree Mediavilla Risk Management Department 9 p FROM: Kelsey Ward, Senior Purchasing & Contracts Agent Purchasing Department DATE: December 16, 2003 16C19 DATE RECEIVED DEC 16 2003 RISK WiN4GEMENT J� w RE: Review of Insurance for Contract No. 03 -3517; "Professional Engineering Services for Water Main Projects (County Road 951 and US 41 Water Mains) Greeley and Hansen LLC; Contractor This Contract was approved by the BCC on December 16, 2003; Agenda Item 16(C)(19). Please review the Insurance Certificate in this Agreement for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8949. /bh C: Ron Dillard, PUED a 16C19 Contract 03 -3517 Professional Engineering Services for Water Main Projects (County Road 951 and US 41 Water Mains) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this LO day of Oe�ernber� 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER ") and Greeley and Hansen LLC, authorized to do business in the State of Florida, whose business address is 4415 Metro Parkway, Suite 200, Ft. Myers, FL 33916 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Engineering services of the CONSULTANT concerning County Road 951 and U.S. 41 Water Mains Project (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16clo 1.1. CONSULTANT shall provide to OWNER professional Engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT' project manager (hereinafter referred to as the "Project Manager "). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, `a 16 acknowledging that the Project Manager shall have full authority to bind and oblCigal t�(e CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public 3 information concerning 6 ng the services to be rendered by CONSULTANT hereunder, 9d CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 4 16C19 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional Engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator "). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANTSs services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; 5 The time y (b } me the CONSULTANT is obligated to commence and complet s9h services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the T I6C19Project Schedule attache d hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty -four (24) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the 16C19 CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANTSs performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during s the period of this 16CI Agreement and durin the g five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, 9 or use of the sery 16cl person or firm b y CONSULTANT, as independent cons u ices of any other ant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 10 16C19 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. I1 ARTICLE THIRTEEN Cif TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. 12 16C19 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 941 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Greeley and HansenLLC 4415 Metro Parkway, Suite 200 Ft. Myers, FL 33916 Attn: Terry L. Walsh, P.E. Fax: 239 -226 -9663 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 13 17.2. No modification, waiver, suspension or termination of the Alk6c I ony terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 43 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. 14 IN WITNESS WHEREOF the a 1 6 parties hereto have executed this Professional e is Agreement for County Road 951 and U.S. 41 Water Mains Project the day and year first written above. BOARD OF COUNTY COMMISSIONERS FOR L COLLIER COUNTY, FLORIDA, A POLITICAL Dwight y „.ygr ©akl CIO-rk SUBDIVISION OF THE STATE OF FLORIDA .,r Date' -, - hest a an s.- to7chailu s Tom Henning, Chairman signature only. Approved as to form and I ufficienc Assistant County Attorney Greeley and Hansen LLC Witness By' Witness `-- Terry L. Wal sh,P. E. , Principal Typed Name and Title (CORPORATE SEAL) 15 i 0 N O O O m O� U 4 GREELEY AND HANSEN «. Iro FlGlPE1 I� �I I CCW ER COUNTY RJm C.R 951 AND U.S. 41 W4TER MOWS ALGjsT2003 16C1� SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Parts: A.1. DESCRIPTION OF PROJECT A.2. DESIGN REPORT A.3. PRELIMINARY DESIGN A.4. FINAL DESIGN A.5. CONSTRUCTION BID SERVICES A.6. CONSTRUCTION CONTRACT ADMINISTRATION A.7. DETAILED OBSERVATION OF CONSTRUCTION A.8 ADDITIONAL SERVICES 17 16C19 A.1. DESCRIPTION OF PROJECT. 1 A.1.1. The Project includes design, bidding services and engineering services during construction for approximately seven miles of water transmission mains to be installed along C.R. 951 (Collier Boulevard) from Davis Boulevard south to U.S. 41 and approximately 1.5 miles of water transmission main to be installed along U.S. 41 from C.R. 951 to Manatee Road. The location of the Project is shown on Figure 1. A.2. DESIGN REPORT. A.2.1. Collect and Review Data - Collect and review existing available data, including existing and proposed utility and roadway plans, right -of -way, property line and easement information, existing adjacent structure plans, existing geotechnical and survey information and other data related to the project. Perform field reconnaissance of the proposed pipeline corridor. A.2.2. Prepare Report - Prepare a Design Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of the governmental authorities having jurisdiction over the project), and any alternative designs available to OWNER and setting forth CONSULTANT' findings and recommendations. The Design Report also shall contain CONSULTANT's professional evaluation of OWNER's Project budget. Said evaluation shall contain CONSULTANT'S initial professional opinions of probable construction costs for the Project. The Design Report also shall present CONSULTANTSs recommendations as to how the Project should be let out for bid. Tasks include the following: a) Evaluate and recommend alternate pipe materials for the water main. Evaluate and recommend water transmission main sizes based on the 2002 Water Master Plan, hydraulic modeling, and recommendations for abandonment of the exiting 20 -inch diameter water main. 18 b) Identify and evaluate alternative methods for water main construction and roadway and waterway crossing construction. Prepare recommendations for type of water main construction and type of construction at major crossings. c) Meet with Collier County Transportation to identify and coordinate road widening plans for Collier Boulevard. Develop recommended pipeline alignment and locations for connections to existing pipelines. Develop recommendations for locations of connections to future pipelines. Identify easement requirements, if any. d) Prepare Project Management Plan, including identification of Project Delivery Team, project schedule, and project implementation plan. e) Contact the Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP), Collier County Transportation and other agencies with jurisdiction over this project to identify specific permit requirements. f) Identify additional geotechnical data necessary for design. g) Develop criteria for thrust restraint. h) Prepare preliminary estimate of construction cost. i) Prepare draft Design Report to summarize the above items. A.2.3. Present Report - Furnish five copies of the draft Design Report, schedule and conduct a meeting with OWNER to present the draft Design Report for OWNER's review and approval. Furnish ten copies of the final Design Report. A.3. PRELIMINARY DESIGN. A.3.1. Prepare Preliminary (60 percent complete) Contract Documents - Prepare in a format acceptable to OWNER, all preliminary Contract Documents, consisting of designs, drawings, special conditions, general conditions, supplemental conditions, specifications and bid and Agreement forms, necessary for construction of the Project. Tasks include: a) Prepare 60 percent complete design drawings for the new water mains. Prepare plan and profile sheets at a scale of 1" = 40' horizontal and V = 4' vertical. Prepare plan 19 details, including pipe bedding, thrust restraint, corrosion protection, valves, air release valves, blow -offs, hydrants and other necessary details. Use applicable OWNER details. b) Prepare technical specifications for construction of the proposed water mains using Construction Specifications Institute (CSI) format. Non - technical Contract Documents shall be provided to CONSULTANT by OWNER and edited as necessary by OWNER for conformance with the project requirements. A.3.2. Project Status Monitoring - Keep OWNER informed as to the status of the project design. Attend up to six design review meetings at the OWNER's offices, including meetings with Collier County Transportation and Collier County road designer for Collier Boulevard. Update the Project Management Plan and submit to OWNER monthly during Preliminary and Final Design. A.3.3. Submit Preliminary Contract Documents — Prepare OWNER review submittal at completion of Preliminary Design (60 percent complete stage). Submit five copies of the preliminary Contract Documents and CONSULTANT'S preliminary construction cost estimates for review and approval by OWNER. Meet with OWNER and incorporate review comments. A.4. FINAL DESIGN. A.4.1. Prepare Final Contract Documents - Provide OWNER with final construction drawings, specifications and estimate of Project construction costs in writing for OWNER's review, prior to completion of the final Contract Documents, so that any changes that may be necessary in accordance with Project's budget can be made prior to bid. A.4.2. Prepare Final Construction Cost Estimate - Upon OWNER's approval of detailed estimate of construction costs, provide to OWNER, for its review and approval, five copies of final Construction Cost Estimate. 20 A.5. CONSTRUCTION BID SERVICES. I h n q A.5.1. Bidding Assistance - CONSULTANT shall assist in securing bids for one construction contract and: (a) Provide interpretation and clarification of Contract Documents during bidding; (b) Organize and conduct pre -bid meeting with prospective bidders; (c) Prepare addenda as appropriate to interpret or clarify Contract Documents; (d) Attend the bid opening and assist OWNER in evaluating bids or proposals; (e) Assist OWNER in evaluating bidder's previous experience, if necessary; (f) Provide OWNER with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the apparent low bidder for those portions of the work as to which such acceptability is required by the Contract Documents; (g) Provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by the apparent low bidder when substitution prior to the award of contract is allowed by the Contract Documents; and, (h) Provide a letter of recommendation of contract award. OWNER shall print Contract Documents, prepare advertisements and publications, advertise and distribute Contract Documents for bidding, issue addenda, and prepare bid tabulation. Construction Bid Services for more than one construction contract is not included in this Scope of Services. A.6. CONSTRUCTION CONTRACT ADMINISTRATION. A.6.1. Consult with the OWNER and contractor as reasonably required and necessary with regard to construction of the Project, including but not limited to pre- construction conference and monthly coordination meetings with OWNER and contractor. 21 16� A.6.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.6.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.6.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.6.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.6.6. Submit to OWNER, in a format acceptable to OWNER, weekly progress and status reports, consisting of manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.6.7. Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractor is required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. 22 16C19 A.6.8. Monitor all required Project records, consisting of delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) the work has progressed to the point indicated; (b) the work is in substantial accordance with the Contract Documents; and (c) the contractor is entitled to payment in the recommended amount. A.6.9. Receive and review all items to be delivered by the contractor pursuant to the Contract Documents, consisting of all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.6.10. Support the OWNER'S efforts to negotiate with the contractor, the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, consisting of the bid sheet, technical specifications, design drawings, shop drawings, material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the OWNER'S direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.6.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, 23 conduct a comprehensive inspection of the Project, develop a list of items needi g 6JmIetion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Prior to activation of the new mains, provide OWNER with a set of design drawings marked to show substantial deviations made during construction. A.6.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, consisting of providing recommendations concerning acceptance of Project and preparing all necessary documents, consisting of lien waivers, contractor's final affidavit, close -out change orders, and final payment application. A.6.13. Prepare and submit to OWNER upon completion of construction of the Project, five sets of record drawings and one set of reproducible record drawing mylars of the work constructed and one set of electronic record drawing on AutoCAD 2000, including those changes made during the construction process, using information supplied by the contractor and other data which can reasonably be verified by CONSULTANT's personnel. A.6.14. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.7. DETAILED OBSERVATION OF CONSTRUCTION. A.7.1. Construction work shall be done under the full -time observation of at least one representative of CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER not to exceed 2,100 hours of construction inspector time. 24 16C1 A.7.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: (a) Take 3" x 5" color 35 mm photographs of important aspects of the Project, process and submit on a continuous basis to OWNER; such photographs to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; (b) Maintain appropriate field notes from which record drawings can be generated; (c) Maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and (d) Observe operation or performance testing and report findings to OWNER and contractor. Provide copies of bacteriological and pressure tests upon completion of testing. A.8 ADDITIONAL SERVICES A.8.1 Prepare Permit Applications — Allowance to prepare required permit applications for submittal by OWNER. Permit applications shall consist of the FDOT Utility Permit, FDEP General Use Permit, OWNER Right -of -Way Permit and the Noticed General Permit for submittal to the FDEP, U.S. Army Corps of Engineers and SFWMD. Permit application fees shall be paid by OWNER. A.8.2 Provide Survey — Allowance for preparation of topographic survey along the proposed water main alignment corridor. Survey shall be prepared in electronic format using AutoCAD 2000. Survey alignment corridor shall include the full width of Collier Boulevard from Davis Boulevard to U.S. 41 and the full width of U.S. 41 from Collier Boulevard to Manatee Road. Survey shall consist of establishment of horizontal and vertical control consistent with OWNER utility mapping, cross sections at 200 -foot intervals within the survey alignment corridor, 25 16C1Q locations of existing utilities and structures, poles, pavement, valves, fire hydrants, fences, trees and other above - ground features. The survey shall not include excavations to locate existing utilities. A.8.3 Subsurface Investigation — Allowance for subsurface soils investigations. Soils borings shall be taken at selected locations along the proposed water main alignment with a total number of borings not to exceed 50. The subsurface investigations shall also include preparation of a report with recommendations for construction of the water main. A.8.4 Easement Acquisition — Allowance to prepare legal descriptions and sketches for up to five utility easements. Allowance includes time for six meetings with OWNER and property owners. Easements shall be acquired by OWNER. Note: Services for more than one construction contract are also not included in this Scope of Services. END OF SCHEDULE A M SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the time and reimbursable cost fees as shown on Attachment A entitled "Schedule Fees for Basic Services ". B.1.2. Payment For Basic Services under Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A shall be paid on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.1. As consideration for providing Basic Services under Part A.7 entitled "Detailed Observation of Construction" and for properly approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services ", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for Part A.7 services and properly approved Additional Services shall be made monthly on a time and reimbursable cost basis computed in accordance with either Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement or Attachment C entitled "Consultant's Estimate of Additional Services ". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub - paragraphs: 27 16c19 (a ) expenses for transportation and subsistence incidental to out -of -town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project - related items; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock -ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the figures on Attachment Abe exceeded without a change in the scope of the project being approved by the Board of County Commissioners for Collier County Florida [ex- officio as the governing board of the Collier County Water -Sewer District]. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's 28 16 Estimate of Additional Services, each attached to this Schedule B are incorporated e nd will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.4. As compensation for coordinating subconsultant activities for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10 %) of the actual cost of services rendered under Part A.7 and Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark -up between the vendor who actually performed the services and any sub - consultant. No administrative fee or mark -up shall be paid in conjunction with the provision of Basic Services as set forth in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A. END OF SCHEDULE B. FE 11a SCHEDULE B - ATTACHMENT A 16 SCHEDULE OF FEES FOR BASIC SERVICES County Road 951 and U.S. 41 Water Mains Greeley and Hansen LLC TASK DESCRIPTION FEE A.2 Design Report $ 50,352 A.3 Preliminary Design $201,698 A.4 Final Design $141,770 A.5 Construction Bid Services $ 3,874 A.6 Construction Contract Administration $82,862 Total Tasks A.2 — A.6 $480,556 Note: All fees are Time and Material, Not to Exceed. 30 ATTACHMENT B r SCHEDULE B A CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE County Road 951 and U.S. 41 Water Mains Greeley and Hansen LLC EMPLOYEE CLASSIFICATION Principal /Associate Senior Project Manager Senior Engineer Engineer III Engineer II /Senior Designer Engineer I /Designer Design Technician Construction Manager Construction Inspector Administrative Assistant 31 HOURLY BILLING RATE 161.00 129.00 108.00 97.00 86.00 76.00 70.00 129.00 68.00 54.00 SCHEDULE B - ATTACHMENT C 16ciq CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) County Road 951 and U.S. 41 Water Mains Greeley and Hansen LLC TASK DESCRIPTION A.7 Detailed Observation Of Construction A.8 Additional Services A.8.1 Prepare Permit Applications A.8.2 Provide Survey A.8.3 Provide Subsurface Investigation A.8.4 Easement Acquisition Total Tasks A.7 and A.8 FEE $171,664 $ 15,754 $177,294 $ 35,296 $ 9,435 $409,443 Note: All fees are Time and Material, Not to Exceed. 32 SCHEDULE C PROJECT SCHEDULE County Road 951 and U.S. 41 Water Mains Greeley and Hansen LLC TIME FOR TASK DESCRIPTION COMPLETION A.2 Design Report 5 Weeks A.3 Preliminary Design 12 Weeks A.4 Final Design 12 Weeks A.5 Construction Bid Services 5 Weeks A.6 Construction Contract Administration 40 Weeks A.7 Detailed Observation Of Construction 40 Weeks 16C19 CUMULATIVE TIME FOR COMPLETION 5 Weeks 17 Weeks 29 Weeks 34 Weeks 74Weeks 74 Weeks (1) (1) The time shown for construction is for final completion. Substantial completion is anticipated to be completed in 70 weeks. 33 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 34 16 C1 9, (7) Contractor /Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements 35 16C19 b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be 36 16 eq o maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement following: (check one) Limits of Liability shall not be less than the General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. 37 claims. 16C19 (5) Coverage shall be included for explosion, collapse or underground property damage (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. (check one) Applicable Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance 38 16eliq shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all -risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontrators in the Work. 39 16CIq (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. NIA All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $, AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 40 2 The Owner shall be named med as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) X Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate 41 rl (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Cons ultant/ProfessionaI shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D 42 Client #:5666 GR 7 6 EELAND ro I q ACOR CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/(Y) PRODUCER 11/19/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial P 81 C ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE USI Midwest HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 100 South Wacker Drive, 16th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Chicago, IL 60606 INSURERS AFFORDING COVERAGE INSURED Greeley and Hansen LLC INSURERA: Travelers of Illinois 100 South Wacker Drive I INSURER B: St Paul Fire 81 Marine Insurance Comp 14th Floor INSURER c: Continental Casualty Co. Chicago, IL 60606 INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1 TD TYPF OF I1NCIID.1 .. _. Pnl 1PV FCCCr•'r.rc ��, ...v .- ........ -.. _.. A GENERAL LIABILITY P63010OL691603 DATE MM/DDlYY 07/01/03 DATE MMIDD X COMMERCIAL GENERAL LIABILITY 07/01/04 CLAIMS MADE lil OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO. JECT LOC A AUTOMOBILE LIABILITY P81010OL691603 07/01/03 07/01/04 X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO B EXCESS LIABILITY QK01200206 07/01/03 07/01/04 I X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND PHUB10OL691603 ;.07101103 07/01/04 ) EMPLOYERS' LIABILITY E E C OTHER Professional AEA008221445 07/01/01 1107/01/04 E, lability DESCRIPTION OF OPPDATInme,, vnocmcn. IarCUAL rHOVISIONS Re: Contract 03 -3517, professional services for water main projects (county road 951 and US 41 water mains.) Collier County is additional insured as respects the general liability and automobile liability policies, but only with respects to the operations performed by or on behalf of the named insured at the described location or project. Collier County Admin Services Division Purchasing Bldg. 3301 E. Tamiami Trail Naples, FL 34112 ACORD 25 -S (7/97)1 of 2 #S144952/M136380 LIMITS EACH OCCURRENCE $1 000 00( FIRE DAMAGE (Anyone fire) 1$100,000 MED EXP (Any one person) 1$5,000 PERSONAL & ADV INJURY $1,000,00C GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000.000 OMBINE :Ea accident) INGLE LIMIT $1,000,000 30DILY INJURY Per person) $ iODILY INJURY $ Per accident) IROPERTY DAMAGE Per accident) $ IUTO ONLY - EA ACCIDENT $ )THER THAN EA ACC $ ,UTO ONLY: AGG $ ACH OCCURRENCE _ $10000001 GGREGATE $1n 000 O0( L. EACH ACCIDENT $1,000,000 L. DISEASE -EA EMPLOYEE $1,000,000 _. DISEASE - POLICY LIMIT $1,000,000 10,000,000 Occurrence 10,000,000 Aggregate SHOULD ANYOF TH E ABOVE D ESCRIB ED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30.— DAYSWRITTEN NOTICE TO THE CERTIFICATE H OLD ER NAM ED TO TH E LEFT, BUT FAILURE TO D0SO SHALL IMPOSE NO OB LIGATION OR LIAB ILITY OF ANY KIND UPON THE INS RE R, ITS AGENTS OR TIVE CPcu- I CMC © ACORD CORPORATION 1988 16C14 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain Policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not const the issuing insurer(s), authorized representative or producer, and the c itute a contract between ertificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25- S(7/97)2 Of 2 4S144952/M136380 7 fir% SCHEDULE E ' 1 9 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Greeley and Hansen LLC hereby certifies that wages, rates and other factual unit costs supporting the compensation for the professional engineering services of the CONSULTANT to be provided under the Professional Services Agreement, concerning "County Road 951 and U. S. 41 Water Mains" are accurate, complete and current as of the time of contracting. GREELEY AND HANSEN LLC Terry L. Walsh, P.E., Principal DATE: z- ._ z� 43 "A COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Contract Administration January 18, 2008 Mr. Roger Howell Greeley and Hansen LLC 4415 Metro Parkway, Suite 200 Ft. Myers, FL 33916 16 C 19 Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/252 -4270 FAX: 239/252 -6691 W W W.colliergov.net RE: Contract Amendment #6 03 -3517 "Professional Engineering Services for Water Main Projects" Dear Mr. Howell: We are pleased to enclose your copy of the fully executed amendment, for the above - referenced service(s) which was approved by the County on December 16, 2003. If there are any questions, please do not hesitate to contact me at 239/252 -4270. Very truly yours, ��1Cz u ti.a, 1 Jt Y 1)Q.-;A� Dianna Perryman Contract Specialist cc: Ron Dillard /PUED Minutes & Records Contract File CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: CR 951 and US 41 Water Mains PROJECT #: 70151. 70152. & 70153 PROJECT MANAGER: Ronald F. Dillard BID /RFP #: 03 -3517 MOD #: 6 PO #: 4500022809 C" Value Added /Avoidable WORK ORDER #: N/A DEPARTMENT: PUED CONTRACTOR /FIRM NAME: Greeley and Hansen LLC Original Contract Amount: $ 889.999.00 (Starting Point) Current BCC Approved Amount: $ 1.379.834.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 1.379.834.00 (Including All Changes Prior To This Modification) Change Amount: $ 51.693.00 Revised Contract/Work Order Amount: $ 1,431,527.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 541,528.00 Date of Last BCC Approval 6 -26 -07 Agenda Item # 16 C 1 16019 Percentage of the change over /under current contract amount 3.75 % Formula: (Revised Amount / Last BCC approved amount) -1 CURRENT COMPLETION DATE (S): ORIGINAL: 6 -17 -05 CURRENT: 2 -2 -08 Describe the change(s): 1. Provide additional engineering services during construction during the 147 days added to the construction contract. 2. Revise construction plans to resolve conflicts with unforeseen conditions encountered during construction at various locations. 3. Modify various permits as required to resolve conflicts with unforeseen conditions Specify the reasons for the change(s) r 1. Planned or Elective X 2. Unforeseen Conditions r"' 3. Quantity Adjustments r~ 4. Correction of Errors (Plans, Specifications or Scope of Work) X 5. Value Added C 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: Project could not be completed. OPS TRACK CATEGORIES: MUST PICK ONLY ONE OF FOUR lRl Value Added /Unavoidable C" Value Added /Avoidable r No Value Added /Unavoidable No Value Added /Avoidable This change was requested by: rlContractor /Consultant rl Owner rl Using Department C CDES Design Professional rlRegulatory Agency (Specify) I Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes r No This form is to be signed and dated. l /,3e0- � /7rr r�iv� APPROVED BY: T. Date: /— *-0 8 Ronald F. Dillard, Senior Project Manager / t REVIEWED BY: CLI Il - rL. Date: ( I (C'6 Dianna Perryman, Controy Specialist Revised 10.30.2007 EXHIBIT A -6 Amendment 6 to Contract 03 -3517 16 C 19 "Professional Engineering Services for Water Main Projects" This amendment, dated (� ` v , 2008 to the referenced agreement shall be by and between the parties to the original Agreem nt, Greeley nd Hansen LLC (to be referred to as "Consultant') and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract 03 -3517 - "Professional Engineering Services for Water Main Projects" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as follows. Perform the additional tasks identified on the attached 2 pages. The Consultant agrees that this amends the original Contract and that the Consultant agrees to complete said services in the amount of fifty one thousand six hundred ninety three dollars ($51,693). All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: '7 Q i cuA 2008 CONSULTANT: Greeley and Hansen LLC Roger S. Howell, Associate Type Name of Signatory OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: 4".44_ yr_ $.Z� Ronald F. Dillard, P.E., Senior Project Manager PUBLIC UTILITITYf NGINEE/G DEPARTMENT By: ✓ /, L.- L- Roy . Anderson, P.E., Director �.) PUBLI �ylLyflvS DIVISION � ' W P.E., Administrator CONTRACT SP CIALIST By Vi L L' y �. Dianna Perryman 16C iq COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT CONTRACT NO. 03 -3517 County Road 951 and US 41 Water Mains Professional Services Agreement Amendment No. 6 Greeley and Hansen LLC November 9, 2007 The following are descriptions and additional engineering costs for Amendment No. 6 additional tasks not included in the original Scope of Services or in Amendments 1, 2, 3 4, and 5: Additional Task No. Task Description Engineering Cost A.6.1 -a 154 additional hours for providing construction contract administration services during the additional 147 days added to the Contractor's schedule. $18,964 A.6.1 -b 26 additional hours for attending additional coordination meetings with others during the additional 147 days added to the Contractor's schedule. $2,914 A.6.5 -b 16 additional hours to revise the pipeline alignment from station 78 +74 to 79 +82 and from station 93 +10 to 94 +45 due to conflicts with well site construction. $1,746 A.6.5 -c 68 additional hours for design services to modify the interconnect crossing to avoid an existing high pressure gas main that cannot be field located. $7,876 A.6.5 -d 66 additional hours to review, prepare drawings, and estimate change in cost for changes proposed by the Contractor for the U.S. 41 trenchless crossing $7,990 Page 1 of 2 1 1 Additional Task No. Task Description Engineering Cost A.6.5 -e 54 hours additional hours to plot and review existing utility data provided by Contractor from station 35 +00 to 54 +90 for compliance with FDEP utility separation requirements, and to obtain noise measurement proposals for night work in the median. $6,072 A.6.7 12 additional hours to review shop drawings for alternate pipe material for horizontal directional drilling. HDPE pipe and fittings submitted as an alternate to the previously approved fusible PVC pipe. $1,296 A.6.8 21 hours of additional time for reviewing additional payment requests associated with the additional 147 days added to the Contractor's schedule. $2,031 A.6.9 8 hours of additional time for reviewing additional schedules associated with the additional 147 days added to the Contractor's schedule. $864 A.8.1 -a 8 additional hours to modify the SFWMD construction permit to revise the pipeline alignment from station 78 +74 to 79 +82 and from station 93 +10 to 94 +45 due to conflicts with well site construction. $970 A.8.1 -b 8 additional hours to modify the FDEP construction permit, as required, for the 36 -inch diameter water main revised alignment located in the median of C.R. 951. $970 TOTAL FOR AMENDMENT NO. 6: $51,693 T &M Page 2 of 2 16C20 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 MEMORANDUM Date: December 18, 2003 To: Lugene Hamilton EMS From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution No. 2003 -458 from the BCC Meeting 12/16/2003 Agenda Item #16(D)1 Enclosed please find one copy of the original document as referenced above, approved by the Board of County Commissioners on Tuesday, December 16, 2003 (Agenda Item #16D1). If you should have any questions, please feel free to contact me at 732 -2646 ext. # 7240 Thank you. Enclosure .r RESOLUTION NO. 200 3- 4s R A RESOLUTION CERTYFING THAT THE APPLICATION FOR AND THE USE OF EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE - HOSPITAL EMS DEPARTMENT ACTIVTIES AND SERVICES AND WILL NOT SUPPLANT EXISTING COUNTY EMS BUDGET ALLOCATIONS. WHEREAS, EMS Department Paramedics and Paramedic/Firefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the purchase of equipment and the provision of training classes shall greatly enhance the effectiveness of pre- hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The $142,168.03 in the EMS Grant will be used to purchase medical /rescuer equipment and training classes and these funds will not be used to supplant existing EMS Department budget allocations. This ,Pesolution adopted mot* , second and'maaority vote. ATTEST-.' DWI_ E. B)20' . -, ;CLERK b A w., Li Attest as Chat 's signature only. Approved as to form and Ile a] sufficienc J qJ61ine Hubbard Robinson unty Attorney this 1(,04+N day of bZe_em!-r_J1eC , 2003 after BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLO IDA �.� BY: TOM HENNING, CHAIRMA EMS COUNTY GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items ID. Code The State Bureau of EMS will assign the ID Code — leave this blank C 1. County Name: C ERS Business Address: 1,101 Ea.,,t Tarniami Trail PT, Telephone: Federal Tax ID Number Nine Digit Number). VF 5 9 6 0 0 0 5 5 8 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify at all inf r ation and data in this EMS county grant application and its attachments are true and co ct. My s' ture acknovyledges and assures that the County shall comply fully with the conditions utlined in t Flor'da EMS County Grant Application. Signature :. - _� ----- _ _ _ Date: Printed Name: H nnin Position Title: Chairman 3. Contact Person: (The individual with direct knowledge of the project on a day -to -day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: i PositionTitle:Fiscal Tech. Address: 3301 Tamiami Trail_ East Building H Naples, FL 34112 Telephone: Fax Number: 2-19-775-4454 E-mail Address: I ipraov_ net 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre - hospital EMS system and will not be used to supplant current levels of county expenditures. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) Collier County EMS DH Form 1684, Rev. June 2002 Approved as to form & legal sufficiency 3 County At orney For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number of hours. I Amounj 6111 TOTAL Salaries TOTAL FICA Grand total Salaries and FICA B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an. agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as Mal outlay (see next category). List the item and, if applicable, the quantity TOTAL Amount C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one (1) vear or mnrP_ List the item and, if applicable, the quantity Amount E ui ment 0.00 Training $ 42,168.03 _ TOTAL $ 142,168.03 Grand Total $ 142,168.03 vn Ulm IUUY, ftGV. JUF1t: GUUL 4 1 FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre - hospital EMS. emit rayment i o: Name of Agency: COLLIER COUNTY BOARD OF COMMISSIONERS Mailing Address: 3301 East Tamiami Trail Naples FL 34112 Federal Identification number V4r Authorized Official: _•! Signature Date Tom Henning, Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399 -1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel on Grant Amount For State To Pay: $ Grant ID: Code: Approved By : Signature of EMS Grant Officer Date State Fiscal Year: - Organization Code 64- 25 -60 -00 -000 Federal Tax ID E.Q. . OCA N N2000 VF546_QD_Q 5.5.13_ _ Grant Beginning Date: October 1, DH Form 1767P, Rev. June 2002 Obiect Code 7 Grant Ending Date: September 30, Approved as to form & legal iciency, County Attorney 5 ri •1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16,2004 16D� MEMORANDUM Date: December 19, 2003 To: Tom Maguire, Division Chief Emergency Medical Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A service agreement with Medtronic Physio- Control for the maintenance and upgrade of Lifepak Monitors Enclosed please find one (1) copy of the original document as referenced above, Agenda Item #16D3, approved by the Board of County Commissioners on Tuesday, December 16, 2003. The original is being retained for the record. If you should have any questions, please call me at 732 -2646 ext. 7240. Thank you, Enclosure Nov -24-03 03:31pm From - ndv— 14 ya uI. ,o4Mw r. ww - 10. 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R ft7an=Nttm%er: S64-1031 New Pci7avad- UY14=03 k Part. 5 of 5 16D5 MEMORANDUM Date: December 18, 2003 To: John Dunnuck, Administrator Public Services Administrator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Annual contract between Collier County and the State of Florida Department of Health for the Operation of the Collier County Health Department - FY 2004 Please find enclosed four (4)original documents as referenced above, Agenda Item #16D5, as approved by the Board of County Commissioners on Tuesday, December 16, 2003. Kindly obtain the required signatures and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at 732 -2646 ext. 7240 Thank you. Enclosure(s) 10 16D5 .1� 4 CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2003 -2004 This agreement ( "Agreement ") is made and entered into between the State of Florida, Department of Health ( "State ") and the Collier County Board of County Commissioners ( "County "), through their undersigned authorities, effective October 1, 2003. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ( "CHD ") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2003, through September 30, 2004, or until a written agreement replacing this Agreemeilt is entered into between the parties, whichever is later, unless this Agreement is other.vise terminated pursuant to the termination provisic n, : set forth in paragraph 8, below. 3. SEFVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local 16D5 funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV /AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment 11. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 5,011,092 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attach meet 11, Part 11 is an amount not to exceed $1,184,100 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 2 1605 "a c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. Fees are listed in Attachment II Part II of this contract and in the Environmental Health Fee Schedule that is provided by the Environmental Health Program Office. The estimated annual environmental health fee revenues accruing to the County Health Department Trust Fund are listed on Attachment VI. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase /decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase /decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 5. CHD DIRECTOR /ADMINISTRATOR. Both parties agree the director /administrator of the CHD shall be a State employee or under contract with the State and will be under the day -to -day direction of the Deputy State Health Officer. The director /administrator shall be selected by the State with the concurrence of the County. The director /administrator of the CHD shall insure that non - categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director /administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County -State Goal Achievement" report located on the Department of Health Intranet). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the oper ,,Rion of the CHD: a. The CHD and its personnel shall follow al State policies and procedures, except to the extent permitted for the use of county ,purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State - contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System /Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide 16D5 Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director /administrator must sign a justification therefore, and all county - purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System /Health Management Component Pamphlet; Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Informationi System /Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus /deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited /debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus /deficit funds accruing to the state and county is determined each month and at contract year -end. Surplus funds may be applied toward 4 the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director /administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A -133 and may be in conjunction with audits performed by county government. If audit exceptionshen the director/administrator monthly st tus CHD will prepare a corrective action p lan and a copy f that plan reports will be furnished to the contract managers for the parties. L The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or arc otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392,65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. 5 7605 I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his /her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the cumulative amount of the variance between actual and planned expenditures does not exceed three percent of the cumulative expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. 6 p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CND's control: i. March 1, 2004 for the report period October 1, 2003 through December 31, 2003; ii. June 1, 2004 for the report period October 1, 2003 through March 31, 2004; iii. September 1, 2004 for the report period October 1, 2003 through June 30, 2004; and iv. December 1, 2004 for the report period October 1, 2003 through September 30, 2004. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self- insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self- insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall retutlned to the market County Health Department longer needed by the CHD and the proceeds Trust Fund. 8. TERMINATION. a. Termination s} Will. This Agreement may be terminated by either party without cause upon no less than one - hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivE:rud by certified mail, return receipt requested, or in person to the other party's contract n tanager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an 1605 '� obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2004, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to writing and signed by all parties. C. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: Joan M. Colfer, M.D.. M.P.H. Name Director Collier County Health Department Title 3301E Tamiamai Trail Bldg. H Naples Florida 34112 Address (239) 774 -8201 Telephone For the County: John Dunnuck Name Public Services Administrator Title 3301 E. Tamiami Trail, Bldg. H . Naples Florida 34112 Address (239) 774 -8383 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall he furnished in writing to the other panties and attached to originals of this Agreement. d. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. 16D5'' In WITNESS THEREOF, the parties hereto have caused this page agreement to be executed by their undersigned officials as duly authorized effective the 1St day of October, 2003. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY SIGNED BY: EMPPWOKATIVINWIFIAM DATE: ATTESTED TO:'? Chafniafl's SIGNED BYd L . &44AP y. � • G A�praue rm and legal sufficiency 7 Ghief Assiutant county Attorney Date STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: John O. Aqwunobi, M.D., M.B.A. TITLE: Secretary DATE: SIGNED BY: NAME: Joan M. Colfer, M.D., M.P.H. TITLE: CHD Director /Administrator DATE: M 1605 "� ATTACHMENT I COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50 -20), Environmental Health Coding Pamphlet (DHP 50 -21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Requirement 1. Sexually Transmitted Disease Requirements as specified in FAC 64D -3 and F.S. 384 and Program the CHD Guidebook Internal Operating Policy STD 6 and 7. 2. Dental Health Monthly reporting on DH Form 1008 *. 3. Special Supplemental Nutrition Service documentation and monthly financial reports as Program for Women, Infants specified in DHM 150 -24* and all federal, state and county requirements detailed in program manuals and published and Children. procedures. 4. Healthy Start/ Requirements as specified in the Healthy Start Standards Improved Pregnancy Outcome and Guidelines 1998 and as specified by the Health Start Coalitions in contract with each county health department. 5. Family Planning Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14* 6. Immunization Periodic reports as specified by the department regarding the surveillance /investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. 7. Chronic Disease Program Requirements as specified in the Community Intervention Program (.:IP) and the CHD Guidebook. h. Environmental Health Requirerr,er is as specified in DHP 50 -4* and 50-21* 9. HIV /AIDS Program Requirements as specified in Florida Statue 384.25 and 64D -3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting on CDC Forms 50.426 (Adult/ Adolescent) and 50.42A (Pediatric). Socio- demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post -Test Counseling Form 1633. These reports are to be sent to the Headquarters HIV /AIDS office within 5 days of the initial post -test counseling appointment or within 90 days of the missed post -test counseling appointment. 1605 ATTACHMENT I (Continued) 10. School Health Services HRSM 150 -25, including the requirement for an annual plan as a condition for funding. "or the subsequent replacement if adopted during the contract period. z W a Q F.. z W a a. W ❑ J a W z Z) 0 U x W_ J J 0 U U) W U z J a m z LL H D w F- z W a a. W ❑ 2 J a W } H z 0 U W 0 W ❑ W z a CL a' a a N co M O T C c L O U_ o � 0 O U N � N m m � � E U c W O m co O cn � O 0U0 � " O U) N � N C f0 °_E Co W O Co M 00 co co O N N � 0 0 7� p O C 0 � ti M h w 0 E a -- C o O a) � . V (0 O -0 O > U O U O a) O 'OD v E 0 r �. N co M O T C c L O U_ o � 0 O U N � N m m � � E U c W O m co O cn � O 0U0 � " O U) N � N C f0 °_E Co W O Co �- M co co co O N N ul 00 O co p O C M � W 3 N N U C C C M M 0 E a -- C M O a) � . V (0 O -0 O > U O �- M N O O�� _ co O O ul 00 co Uj r N M a� U O C L -00 C Q (a X N (C @ �L„ a � � W 3 N N U C C C C N ffl 0 E a -- C C C N W 0 'L a a) � . V (0 O -0 O > U U O a) O 'OD v E 0 0 �. LO O N ' c CD CD C N N d U .. 0 O U O C_ .2 'o _ C co _ o ai a � fl C C U U cu N a a) 0 j U C 7 M N N .0 � L a) .•- O C M 7 O C U N O C + += N c O 0 y C) C N O N • N N �o c E c y n O O `L' O 0 V O y y O c 0 c a) .� O U C W a) O 7 -0 C — — a) N 0 0 0 0 C U L L N c N E a> 'c Ap p p Q) o o :_ c ? ? N Z; > E ca - c`o E c x y ih a) 0 0 C N W L O M (D y U 0 " " cr CD O N N LL N O O V M 0 0 U M U O y CO E a p Qc t . - to c -0 f4 ca L C ai 4O C 0 E c E C c9 m aEi m 4? O d M CD V O � C_ U C 0 U o N N c W cc 0 O O N O E a) U0 CL co O m U_ O ciao d N 0p y O y N C U `- o F L C C L O C L U C L ❑ p O CL N O F-- U 0 0 w 0 m 0 e- N M 160 5' o 0 c 0 w a E z u_ E a m L a O�� _ o a� > �U�� a _ oO flCD, O M a� U O C L -00 C Q (a X N (C @ �L„ a � � W 3 N N U C C C C N ffl 0 E a -- C C C N W 0 'L a a) � . V (0 O -0 O > U U O a) O 'OD v E 0 0 �. LO O N ' V L CD CD C N N d 00 .. 0 O U O C_ .2 'o _ c C U y a) y _ o ai a � fl C C U U U N a a) 0 j U C 7 M N N ca y f0 O [c0 N � L a) .•- O C M 7 0) C U N O C + += N N L N O 0 y C) C N O N • N N �o c E c y n O O `L' O 0 V O y y O U N . c a) .� O U C W a) O 7 -0 C — — a) N 0 0 0 0 C U L L N c N E a> 'c Ap p p Q) o o :_ c ? ? N Z; > E ca - -- c E c x y ih a) 0 0 C N W L O M (D y U 0 " " O M E O CL O C O "" �_��y�Cp E EN C_ —" a) + s V +N+ U E y o a p Qc t . - to c -0 L C E -o U 0 0 O OS- (D U U V C C N .L O O wU C A O O cn— 0 0 0 Jar.. ` V N (9 0 a c 0 ca 16D5' ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this as in consideration of nd for scountspor other obtaining ederal financial assistance ettoo PP contracts (except contracts of insurance or guaranty), property, programs or activities receiving or benefiting from federal 946 A financial nd B (ortthe subsequent' replacement if adopted the Civil Rights Compliance Questionnaire, D during the contract period), if so requested by the department. The applicant assures that it will comply with: K Title VI of the Civil Rights Act of 1964, discrimination on the basis of race, color benefiting from federal financial assistance. as amended, 42 U.S.C., 2000 Et seq., which prohibits or national origin in programs and activities receiving or Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. on the basis of handicap in programs and activities receiving of assistance. d ratio as programended, nd0activit eslrreceivi g or benefiting from education programs 794, which prohibits discrimination benefiting from federal financial 3. Title IX of the Education Amendments discrimination on the basis of sex in ial assistance. federal fnanc 4. The Age Discrimination Act of 1975, as amended, n 2p 'benefi benefiting et seq., which federal financial ass stancenation on the basis of age in programs or activities receiving 5. The Omnibus Budget Reconciliation Act of 1981, P.L. o� benewhich ng from flederal financial 'ass stancebasis of sex and religion in programs and activities receiving applicant agrees 6. All regulations, guidelines and ance constitutes aacondt onunder continued eceipt statutes. of or benefit from federal that compliance with this assu applicant, its successors, transferees, and assignees financial assistance, and that it is binding upon the app licant further assures that all contracts, for the period during which such assistance is provided. The app subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with an withgany of its is p ogra�ms andnactivities are tnot P artici ants or employees n connection against those pa in violation of the above statutes, regulations, rantor discriminating against those participants or employees the applicant understands that the g guidelines, and standards. In the event of failure to comply, nce with the terms of this assura� ;ce or seek may, at its discretion, seek o court order requiring comp other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 1605`� ATTACHMENT IV COLLIER COUNTY HEALTH DEPARTMENT FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Owned By Description Location Collier County Health Department 3301 E. Tamiami Trail Collier County & Public Services Building H Building H, Naples CHDIEnvironmental Health 2800 North Horseshoe Dr. Collier County Co- Location with Naples Development Services IMMOKALEE SATELLITE 419 North First Street Collier County A. Clinical Services Immokalee Health Services Facility B. General Public Health Services Collier County Triple Wide Mobile Office Unit GOLDEN GATE WIC OFFICE 5258 Golden Gate Parkway Collier County Unit 1 (Park East), Naples ATTACHMENT V 1605 COLLIER COUNTY HEALTH DEPARTMENT DESCRIPTION OF USE OF CHD TRUST FUND BALANCES FOR SPECIAL CAPITAL PROJECTS, IF APPLICABLE (From Attachment II, Part I) Include detailed Special Capital Project information, including description, cost by each project and anticipated completion date on this attachment. 1) Renovation of CHD offices in Building H of the Collier Areas to be renovated are as follows: a) Epidemiology Offices $45,000 b) Vital Statistics Offices $35,000 c) Information Technology $40,000 d) Administration Offices $55,000 PROJECT TOTAL $175,000 County Government Complex. 6 -30 -2004 6 -30 -2004 6 -30 -2004 9 -30 -2004 DESCRIPTION OF SPECIAL CONTRACTS (From Attachment II, Part III) Please list separately Special contracts are contracts for services for which there are no comparable services in the county health department core programs; no service codes in Departmental coding manuals; projects that are locally designed and have no standard statewide set of services and therefore cannot be accounted for within existing county health department programs. These contracts are coded to FLAIR Level 5 of 599 and include some contracts formerly handled at the district offices such as epilepsy, Project WARM, community planning and special family planning and teen mother projects. 1) Special Neer's Shelter Program $81,000 1. GENERAL REVENUE - STATE 01 5011 ALG /CONTRIBUTION TO CHDS - PRIMARY CARE 27361 , 0 27,361 0 27.361 354,068 354,068 0 354.068 0 015011 ALG/PRIMARY CARE 0 0 0 0 015011 PRIMARY CARE SPECIAL PROJECT 0 0 0 0 0 0 015012 G/A EPILEPSY SERVICES 0 ° 015048 ALG /CONTR TO CHDS -STD PROGRAM 0 0 0 0 0 015050 ALG /CESSPOOL IDENTIFICATION AND ELIMINATION 0 0 0 L829.164 1,829,164 0 L829.164 0 015050 ALG /CONTR TO CHDS 51,765 0 51,765 0 51.765 015050 ALG /CONTR TO CHDS - MIGRANT LABOR CAMP SANITATION 0 015050 ALG /CONTR. TO CHDS - DENTAL PROGRAM 0 ° ° 0 0 25,580 015050 ALG /CONTR. TO CHDS - IMMUNIZATION OUTREACH TEAMS 25,580 p 25,580 0 015050 ALG /CONTR. TO CHDS - INDOOR AIR ASSIST PROG 0 0 0 0 0 015050 ALG /CONTR. TO CHDS - SOVEREIGN IMMUNITY p 0 0 0 0 015050 CITIZENS AGAINST TOXIC EXPOSURE (CATE) 0 0 0 0 111.702 015050 COMMUNITY TB PROGRAM 111,702 0 111,702 0 0 015050 CONTR TO CHDS - DUVAL TEEN PREGNANCY PREVENTION p 0 0 0 0 015050 FIRST STEP - MOTHERS AND INFANTS PROGRAM 0 0 0 0 0 24,098 015050 HEALTHY BEACHES MONITORING 24,098 0 24,098 0 015050 INTERDISCIPLINARY MANAGED CARE INITIATIVE 0 0 0 0 0 0 0 0 0 015050 LA LIGA CONTRA EL CANCER 0 0 015050 MANATEE COUNTY RURAL HEALTH SERVICES 0 0 0 0 015050 MEDIVAN PROJECT - ELDERLY INTEREST 0 0 0 0 0 015050 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV 0 0 0 0 110.000 015050 RED LEGISLATION - GAP GRANT (CAT 0503 10) 110,000 0 110000 , 0 81.000 015050 SPECIAL NEEDS SHELTER PROGRAM 81, 000 0 81, 000 ° 0 93.263 015065 ALG /CONTR TO CHDS -AIDS PATIENT CARE 93. 263 0 93, 263 100.075 015065 ALG /CONTR TO CHDS -AIDS PREV & SURV & FIELD STAFF 100,075 0 100,075 0 0 015115 VOLUNTEER SCHOOL HEALTH NURSE GRANT 0 0 0 0 48.602 48,602 0 48,602 0 015123 ALG /FAMILY PLANNING 0 0 0 15 124 ALG /1PO - OUTREACH SOCIAL WORKERS CAT. 050707 p 0 0 0 0 0 0 0 015124 ALG /IPO HEALTHY START 0 0 015124 ALG/IPC HEALTHY START/IPO CAT 050707 0 0 0 0 015124 ALG/IPO- INFANT MORTALITY PROJECT CAT. 050707 0 0 0 0 0 015124 ALG/MCH HEALTHY START/IPO CAT 050870 0 0 0 0 0 015124 ALG/MCH- INFANT MORTALITY PROJECT CAT. 050870 0 0 0 0 0 015124 ALG/h4CH- OUTREACH SOCIAL WORKERS CAT 050870 0 0 0 0 0 015137 ALG /C 3NTR. TO CHDS -MCH HEALTH - FIELD STAFF COST 0 0 0 0 0 015137 HEALTH Y *..,TART - DATA COLLECTION PROJECT STAFF 0 0 0 ° 0 015140 ALG /SCHOOL HEALTH/SUPPLEMENTAL 0 0 0 0 0 p 0 0 ° 015050 Health Promotion and Education Initiative 2,856,678 0 1856,678 0 2.856.678 GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE - STATE 0 0 0 0 0 001009 Debit Memo -Bad Checks 0 0 010304 Stationary Pollutant Storage Tanks 0 0 0 0 1.500 1,500 0 1,500 015000 Transfer 33.298 0 33,298 ° 33,298 015010 ALG /CONTR TO CHDS- REBASING TOBACCO TF ° 015010 ENHANCED DENTAL SERVICES TOBACCO TF 0 0 0 0 186.012 015010 FL HEPATITIS & LIVER FAILURE PREVENTION /CONTROL 186.012 0 186.012 0 2. NON GENERAL REVENUE - STATE 015010 SUPER ACT PROGRAM ADM TF 0 0 0 0 0 015016 G/A EPILEPSY PREVENTION AND EDUCATION EPILEPSY TF 0 0 0 0 0 015020 FOOD AND WATERBORNE DISEASE PROGRAM ADM TF 0 0 0 0 0 015026 ALG /CONTR. TO CHDS - BIOMEDICAL WASTE/DEP ADM TF 0 0 0 0 0 015047 SUPER ACT PROGRAM (CAT 050329 OCA 9V000)ADMIN TF 0 0 0 0 _ 0 015072 ALG /CONTR. TO CHDS -SAFE DRINKING WATER PRG/DEP ADM 0 0 0 0 0 015084 VARICELLA IMMUNIZATION REQUIREMENT TOBACCO TF 13,691 0 13,691 0 13.691 015170 TOBACCO COORDINATION ll 0 0 0 0 015172 FULL SERVICE SCHOOLS - TOBACCO TF 114,545 0 114,545 0 114.545 01 5174 BASIC SCHOOL HEALTH - TOBACCO TF 136,680 0 136,680 0 136.680 NON GENERAL REVENUE TOTAL 485,726 0 485,726 0 485.726 3. FEDERAL FUNDS - State 007000 WINGATE DISEASE & SYMPTON PREVALENCE SURVEY 0 0 0 0 0 007000 CHILDHOOD LEAD POISONING PREVENTION 0 0 0 0 0 007000 GRANTS AND DONATIONS 5,000 0 5,000 0 5.000 007000 FEDERAL COASTAL BEACH MONITORING PROGRAM 22,751 0 22,751 0 22.751 007000 STATE PROGRAMS TO PREVENT OBESITY 2003 -04 0 0 0 0 0 007030 PHBG /MIGRANT LABOR CAMP SANITATION 34,278 0 34,278 0 34.278 007044 PHBG /RAPE AWARENESS 0 0 0 0 0 007049 STD PROGRAM -CSPS 0 0 0 0 0 007049 STD PROGRAM - INFERTILITY PROJECT 5,624 0 5,624 0 5.624 007049 STD PROGRAM -MED & LAB SVCS TRNG CNTR 0 0 0 0 0 007049 STD PROGRAM- STD /PHY TRAINING CENTER 0 0 0 0 0 007049 STD PROGRAM- SYPHILIS ELIMINATION PROJECT 0 0 0 0 0 007051 FGTF /WIC ADMINISTRATION 920,300 0 920,300 0 920.300 007056 HEALTH PROGRAM FOR REFUGEES 70,485 0 70,485 0 70.485 007056 REFUGEE HEALTH TB TARGETED TESTING 0 0 0 0 0 007058 FGTF /DIABETES CONTROL 0 0 0 0 0 007062 FGTF /AIDS EPIDEMIOLOGICAL RESEARCH STUDY 0 0 0 0 0 007063 PHBG /COMPREHENSIVE COMM CARDIO HLTH PRGM 140,000 0 140,000 0 140.000 007064 AIDS SEROPREVALENCE 0 0 0 0 0 007064 EVAL INTEG HIV /AIDS SURV SYST PERFORMANCE 1 0 0 0 0 007064 FGTF /AIDS SURVEILLANCE 0 0 0 0 0 007065 AIDS PREVENTION 135,; 0 135,771 0 135.771 007066 FGTF /RYAN WHITE 0 0 0 0 007066 FGTF /RYAN WHITE - EMERGING COMMUNITIES 0 0 0 0 0 007066 FGTF/RYAN WHITE -AIDS DRUG ASSIST PROG -ADMIN 77,951 0 77,951 0 77,951 007066 FGTF/RYAN WHITE - CONSORTIA 0 0 0 0 0 007067 TUBERCULOSIS CONTROL - FEDERAL GRANT 63,914 0 63,914 0 63.914 007068 FGTF /AIDS INMATE INTERVENTION 0 0 0 0 0 007069 FGTF /AIDS MINORITY INVOLVEMENT IN HIV 0 0 0 0 0 007077 BIOTERR SURVEILLANCE & CAPACITY/US ATTACK 2002 10,120 0 10,120 0 10.120 007077 BIOTERR SURVEILLANCE & EPIDEMIOLOGY 51,151 0 51,151 0 51,151 007077 BIOTERRORISM NETWORK COMMUNICATIONS 13,568 0 13,568 0 13,568 007077 BIOTERRORISM PLANNING & READINESS 62,541 0 62,541 0 62.541 007084 FGTRIMMUNIZATION ACTION PLAN 62,373 0 62.373 0 62.373 007084 FGTF/IMMUNIZATION- PROJECT FIELD STAFF 0 0 0 0 0 3. FEDERAL FUNDS - State 007084 FGTF/IMMUNIZATION -WIC LINKAGES 0 0 0 0 0 007084 IMMUNIZATION SPECIAL PROJECT 12.368 0 12,368 0 12,368 007084 IMMUNIZATION SUPPLEMENTAL 21,961 0 21.961 0 21,961 007084 IMMUNIZATION SUPLLEMENTAL (RMS) 20.000 0 20.000 0 20.000 007085 FGTF /BREAST & CERVICAL CANCER -ADMIN/CASE MAN 0 0 0 0 0 007127 MCH BGTF- MCH/CHILD HEALTH 11.251 0 11,251 0 11.251 007127 MCH BGTF -MCH /CHILD HEALTH AGES 0 -1 YR 0 0 0 0 0 007132 MCH BGTF- MCH/DENTAL PROJECTS 0 0 0 0 0 007133 FGTF/FAMILY PLANNING TITLE X SPECIAL INITIATIVES 0 0 0 0 0 007133 FGTF/FAMILY PLANNING -TITLE X 72,572 0 72,572 0 72,572 007134 MCH BGTF - GADSDEN SCHOOL CLINIC 0 0 0 0 0 007134 MCH BGTF- HEALTHY START IPO 0 0 0 0 0 007134 MCH BGTF -INFANT MORTALITY PROJECT 0 0 0 0 0 007134 MCH BGTF- OUTREACH SOCIAL WORKERS 0 0 0 0 0 007135 FGTF /ABSTINENCE EDUCATION PROGRAM 0 0 0 0 0 015021 MEDIPASS WAIVER -HLTHY STRT CLIENT SERVICES 0 0 0 0 0 015021 MEDIPASS WAIVER -SOBRA 0 0 0 0 0 015060 Entrant Reimburement Transfer 0 0 0 0 0 015075 FULL SERVICE SCHOOLS -TANF 13.376 0 13.376 0 13.376 015075 KIDCARE OUTREACH REFUGEE - ENTRANT 0 0 0 0 0 015075 SCHOOL HEALTH - SUPPLEMENT -TANF 0 0 0 0 0 015075 TRANSER OF FEDERAL GRANTS FROM OTHER AGENCIES 52.000 0 52.000 0 52.000 015075 TITLEXXI /SCHOOL HEALTH /SUPPLEMENTAL 0 0 0 0 0 FEDERAL FUNDS TOTAL 1,879355 0 1.879.355 0 1,879,355 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001026 Returned Check Ser Fees 0 0 0 0 0 001091 Communicable Disease Fees 7.000 0 7,000 0 7.000 001092 Environmental Health Fees 256.000 0 256.000 0 256.000 001092 OSDS Repair Permit 0 0 0 0 0 001092 OSDS Permit Fee 0 0 0 0 0 001092 I& M Zoned Operating Permit 0 0 0 0 0 001092 Aerobic Operating Permit 0 0 0 0 0 001092 Septic Tank Site Evaluation 0 0 0 0 0 001113 Mobile Home and Parks 21000 0 22,000 0 22,000 001132 Food Hygiene Permit 24.600 0 24,600 0 24,600 001135 OSDS Variance Fee 0 0 0 0 0 001139 001140 001142 Migrant Housing Permit Biohazard Waste Permit Non SDWA Lab Sample 15,000 0 600 0 0 0 15,000 0 600 0 0 0 15,000 0 600 001144 001145 Tanning Facilities Swimming Pools 4,800 180.000 0 0 4,800 180,000 0 0 4,800 180.000 001 149 001165 001166 001 166 001166 001170 Body Piercing Private Water Constr Permit Public Water Annual Oper Permit Public Water Constr Permit Non -SDWA System Permit Lab Fee Chemical Analysis 0 500 20,000 0 0 0 0 0 0 0 0 0 0 500 20,000 0 0 0 0 0 0 0 0 0 0 500 20.000 0 0 0 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001211 Safe Drinking Water 010403 Fees -Copy of Public Doc 015052 Transfers - Mobile Home/RV Park FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS - STATE 090001 Draw down from Public Health Unit 015029 Tranfers Intra Agency 015121 Super Act Reimbursements 015139 Well Surveillance Reimbursement - Pesticide OTHER CASH CONTRIBUTIONS TOTAL 6. MEDICAID - STATE /COUNTY 001052 Medicaid Receipts - Part B 001056 CHD Incm:Medicaid- Pharmacy 001059 Medicaid EIP 001080 CHD Incm:Medicaid -Other 001081 CHD lncm:Medicaid -EPSDT 001082 CHD Incm:Medicaid- Dental 001083 CHD Incm:Medicaid -FP 001084 CHD Incm:Medicaid- Physician 001085 CHD Inem:Medicaid- Nursing 001086 CHD Incm:Co- Insurance 001087 CHD Incm:Medicaid -STD 001088 CHD Incm:Med Reimb AZT Disp Fee 001089 Medicaid AIDS 001147 Medicaid HMO Rate 001148 Medicaid -HMO Admin 001181 CHD Incm:Medicaid Transportation 001191 CHD Incm:Medicaid Matemity 001192 CHD [ncm:Medicaid Comp. Child 001193 CHD Incm:Medicaid Comp. Adult 001194 CHD Incm:Medicaid Sonagram 001208 Medipass $3.00 Adm. Fee MEDICAID TOTAL 7. ALLOCABLE REVENUE - STATE 018001 Refunds, Salary 018003 Refunds, other Personal Services 018004 Refunds, Expenses 018005 Refunds Grants to Local Gov't 018006 Refunds, Operating Capital Outlay 018010 Refunds, Special Category 018011 Refunds, Other 018013 DMS Refunds by Journal Transfer -65900 018099 Refunds, Certified Forward 029010 Sale of Fixed Assets 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 530,500 0 530,500 0 530,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 351,044 503,701 854.745 0 854,745 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 240,296 344,792 585,088 0 585.088 0 0 0 0 0 30,597 43,903 74,500 0 74,500 0 0 0 0 0 0 0 0 0 0 1,027 1,473 2,500 0 2.500 0 0 0 0 0 19,919 28,581 48.500 0 48.500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 308 442 750 0 750 643,190 922,893 1,566.083 0 ),;66,083 0 0 0 0 0 0 0 0 0 0 1,625 0 1,625 0 1,625 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 35 0 35 0 35 0 0 0 0 0 7. ALLOCABLE REVENUE -STATE 037000 Prior Year Warrant 0 038000 12 Month Old Warrant 0 ALLOCABLE REVENUE TOTAL 1,660 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE 0 State Pharmacy Services 0 State Laboratory Services 0 State TB Services 0 State Immunization Services 0 State STD Services 0 State Construction/Renovation 0 WIC Food 0 State AIDS Drug Assistance Program 0 Other (specify) 0 Other(specify) 0 Other (specify) 0 OTHER STATE CONTRIBUTIONS TOTAL 0 9. DIRECT COUNTY CONTRIBUTIONS - COUNTY 0 008030 Grants -County Tax Direct 0 008034 Grants Cnty Commsn Other 0 BOARD OF COUNTY COMMISSIONERS TOTAL 0 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001004 Child Car Seat Prog 0 001060 Vital Statistics Fees Other 0 001062 Rabies Vaccine 0 001062 Rabies Vaccine 0 001074 Adult Enter. Permit Fees 0 001077 Primary Care Fees 0 001093 Communicable Disease Fees 0 001094 Environmental Health Fees 0 001114 New Birth Certificates 0 001115 Death Certificates 0 001116 Computer Access Fee 0 001117 Vital Stats -Adm. Fee 50 cents 0 001195 Primary Care Transfer Fees 0 001196 Water Analysis - Potable 0 FEES AUTHORIZED BY COUNTY TOTAL 0 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 0 001000 Fees Other 0 001010 Recovery-Bad Checks 0 001026 Returned Check Fee 0 001029 Third Party Reimbursement 0 001072 Ryan White Title 1 0 0 0 0 0 0 0 0 0 0 1,660 0 1,660 0 0 156,169 156,169 0 0 316.854 316.854 0 0 0 0 0 0 407.185 407,185 0 0 0 0 0 0 0 0 0 0 4,567,663 4,567,663 0 0 1,267,235 1,267.235 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,715,106 6,715.106 0 0 0 0 1,184,100 1,184J00 0 1,184,100 1,184,100 1,184.100 0 1,184,100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 78,500 78.500 0 78.500 69,700 69,700 0 69,700 434,000 434,000 0 434,000 34,434 34,434 1 34,434 204,320 204,320 0 204,320 6,487 6.487 6,487 2,704 2,704 C' 2,704 0 0 0 0 0 0 0 0 830,145 830.145 0 830,145 2,250 2,250 0 2,250 75 75 0 75 0 0 0 0 62,600 62,600 0 62,600 0 0 0 0 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001073 Ryan White Title II 0 p 0 0 0 001075 Ryan White Title I1I 0 p 0 0 0 001090 Medicare 0 104,746 104,746 0 104,746 001190 Health Maintenance Organ. (HMO) 0 0 0 0 0 005040 Interest Earned 0 25,000 25,000 0 25,000 005041 Interest Eamed -State Investment Account 0 0 0 0 0 007010 U.S. Grants Direct 0 0 0 0 0 008010 GRANTS AND DONATIONS, CITY AND COUNTY 0 17,000 17,000 0 17,000 008031 Countv AIDS Education 0 193,000 193,000 0 193,000 008033 Countv Contributions For Facilities 0 0 0 0 0 008050 Grants -Cnty Sch Board Direct 0 0 0 0 0 008090 Grants other Local Govn't Direct 0 0 0 0 0 008094 Gmts/Contracts other Agencies Direct 0 84,272 84,272 0 84,272 008095 Grants Cnty Sect 403.102 Air Pol 0 0 0 0 0 008099 Reimb/Rebate Local Govn't 0 0 0 0 0 010300 Sale of Goods and Services 0 600 600 0 600 010301 Exp Witness Fee Consultnt Charees 0 0 0 0 0 010302 Sale of Goods and Services, to Other Agencies 0 0 0 0 0 010402 Recycle Paper Sales 0 0 0 0 0 010403 Fees- Copies of Documents 0 0 0 0 0 010405 Sale of pharmaceuticals 0 46,351 46,351 0 46,351 010408 Copy Fess Intra/Inter Agency 0 0 0 0 0 010409 Sale of Goods and Services Outside State Government 0 0 0 0 0 011001 Healthv Start Coalition Contributions 0 0 0 0 0 011007 Cash Donations Private 0 0 0 0 0 011098 Donation School Based Clinic 0 0 0 0 0 011099 Other Grants /Donations Direct 0 669,029 669,029 0 669,029 01 1522 Other Grant DOE 0 0 0 0 0 012020 Fines and Forfeitures 0 5,000 5,000 0 5,000 012021 Return Check Charge 0 25 25 0 25 028010 Insurance Recoveries -Fire Losses 0 0 0 0 0 028010 Insurance Recoveries -Fire Losses 0 0 0 0 0 028020 Insurance Recoveries -Other 0 0 0 0 0 090002 Draw down from Public Health Unit 0 0 0 0 0 001015 Recovery of Collection of Agency ^lazvments 0 0 0 0 0 011066 Rvan White Local Revenues 0 0 0 0 0 011067 AIDS Insurance Continuation Project 0 0 0 0 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 1,209,948 1,209,948 0 1,209,948 12. ALLOCABLE REVENUE - COUNTY 018001 Refunds. Salary 0 0 0 0 0 018003 Refunds, other Personal Services 0 0 0 0 0 018004 Refunds, Expenses 0 0 0 0 0 018005 Refunds Grants to Local Gov't 0 0 0 0 0 018006 Refunds, Operating Capital Outlay 0 p p p 0 018010 Refunds, Special Category 0 0 0 0 0 018011 Refunds, Other 0 0 0 0 0 018013 DMS Refunds by Journal Transfer -65900 0 0 0 0 0 12. ALLOCABLE REVENUE -COUNTY 0 018099 Refunds, Certified Forward 0 029010 Sale of Fixed Assets 0 037000 Prior Year Warrant 0 038000 12 Month Old Warrant 0 COUNTY ALLOCABLE REVENUE TOTAL 0 13. BUILDINGS - COUNTY 0 Annual Rental Equivalent Value 0 Facility Operating Expense 0 Facility Janitorial Services 0 Other (specify) 0 Other (specify) 0 Other (specify) 0 Other (specify) 0 BUILDINGS TOTAL 0 t4. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY Other County Contribution of some unknow origin 0 Other County Contribution (specify) 0 Other County Contribution (specify) 0 Other County Contribution (specify) 0 Other County Contribution (specify) 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 GRAND TOTAL CHD PROGRAM 6,397,109 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 496,455 496.455 0 0 278,100 278,100 0 0 66.414 66.414 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 840,969 840.969 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,147.086 10.544.195 7,556,075 18.100.270 A. COMMUNICABLE DISEASE CONTROL: Immunization (101) 12.20 10,200 37,000 240,244 160,187 160,187 160,187 376,577 344,228 720,805 STD (102) 8.05 1,100 10,200 95,763 95,763 95,763 95,764 153,928 229,125 383,053 A. 1. D. S. (103) 14.05 400 5,500 366,608 366,608 366,609 366,609 620,041 846.393 1,466,434 TB Control Services (104) 10.20 1,700 14,900 143,048 143,047 143,047 143,047 249,417 322,772 572,189 Comm. Disease Surv. (106) 5.15 0 3,300 76,644 76,645 76,645 76,644 138,700 167,878 306,578 Hepatitis Prevention (109) 3.40 750 7,000 77,536 77,537 77,536 77,536 121,900 188.245 310,145 Public Health Preparedness and Response (116) 5.95 0 1,200 90,324 90,323 90,323 90,323 119,000 242,293 361,293 Vital Statistics (180) 2.00 0 0 20,444 20,444 20,445 20,444 81,777 0 81,777 COMMUNICABLE DISEASE SUBTOTAL 61.00 14,150 79,100 1,110,611 1,030,554 1,030,555 1,030,554 1,861,340 2,340.934 3,202,274 B. PRIMARY CARE: Chronic Disease Services (2 10) 4.50 2,100 5,700 70,117 70,118 70,119 70,120 93,445 187.029 280,474 Tobacco Prevention (212) 1.30 0 100 11,451 11,451 11,451 11,451 15,200 30,604 45,804 Home Health (215) 0.00 0 0 0 0 0 0 0 0 0 W.I.C. (22 1) 28.50 11,550 95,200 279,877 279,878 279,877 279,877 0 1,119,509 1,119,509 Family Planning (223) 2.00 825 1,900 43,210 43,210 43,210 43,210 64,721 108,119 172,840 Improved Pregnancy Outcome (225) 2.90 5 75 74,731 1 12,096 112,095 74,731 328.725 44,928 373,653 Healthy Start Prenatal (227) 16.70 1,700 31,200 220,723 220,724 220,723 220,724 344.329 538,565 882,894 Comprehensive Child Health (229) 4.80 140 1,100 77,688 77,688 77,688 77,688 73.900 236,852 310,752 Healthy Start Infant (23 1) 3.95 440 9,000 45,409 45,409 45,409 45,409 72.654 108,982 181,636 School Health (234) 7.00 0 200,000 104,864 104,864 104.865 104,864 167,783 251,674 419,457 Comprehensive Adult Health (237) 3.05 700 2,300 68,089 68,090 68,091 68,088 106.220 166,138 272,358 Dental Health (240) 10.30 2,300 19,000 193,428 193,418 193,414 193.410 451.692 32L978 773,670 PRIMARY CARE SUBTOTAL 85.00 19,760 365,575 1,189,587 1,226,946 1,226,942 1,189,572 1,718,669 3,114.378 4,833.047 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs Coastal Beach Monitorin.7 (347) 0.40 0 650 9,458 9,457 9,458 9,458 15.132 22,699 37,831 Limited Use Public Water S ',stems (357) 1.40 50 700 30,400 30,400 30,401 30,400 47,424 74,177 121,601 Public Water System (358) 0.01 1 5 1,351 1,351 1,351 1,351 2,162 3,242 5,404 Private Water System (35-1 0.00 0 0 0 0 0 0 0 0 0 Individual Sewage Disp. (3t l) 8.20 2,500 7,100 112,441 112,444 117 439 112,438 175.407 274,355 449,762 Group Total 10.01 2,551 8,455 153,650 153,652 (53,649 153,647 240,125 374,473 614.598 Facility Programs Food Hygiene (348) 2.15 135 1,750 28,822 28,823 28,123 28,823 45,750 69,541 1 15,291 Body Art (349) 0.00 0 0 0 0 0 0 0 0 0 Group Care Facility (351) 1.15 240 450 15,538 15,538 15,538 15,538 24.240 37,912 62,152 Migrant Labor Camp (352) 2.55 125 650 35,954 35,955 35,955 35,954 56.100 87,718 143.818 Housing,Public Bldg Safety,Sanitation (353) 0.00 0 0 34 34 34 33 135 0 135 Mobile Home and Parks Services (354) 0.45 51 140 5,168 5,168 5,168 5,168 7,650 13,022 20,672 Swimming Pools/Bathing (360) 8.00 1,120 4,300 88,066 88,066 88,066 88.067 137,380 214,885 352,265 Biomedical Waste Services (364) 0.00 0 0 68 69 69 64 100 170 270 Tanning Facility Services (369) 0.10 13 30 1,014 1,013 1,013 1,013 1,540 2,513 4,053 t.. Glli v i1lVl\1vmlly lAL 17GAL1 n: Group Total 14.40 1,684 7,320 174,664 174,666 174.666 174,660 272,895 425,761 698,656 Groundwater Contamination Storage Tank Compliance (355) 0.00 0 1 0 0 0 0 0 0 0 Super Act Service (356) 0.00 0 0 271 270 270 270 400 681 1,081 Group Total 0.00 0 1 271 270 270 270 400 681 1.081 Community Hygiene Occupational Health (344) 0.00 0 0 0 0 0 0 0 0 0 Consumer Product Safety (345) 0.00 0 0 I) 0 0 0 0 0 0 Emergency Medical (346) 0.00 0 0 0 0 0 0 0 0 0 Lead Monitoring Services (350) 0.02 1 2 507 507 507 506 770 1,257 2,027 Public Sewage (362) 0.00 0 0 17 17 17 17 30 38 68 Solid Waste Disposal (363) 0.00 0 0 0 0 0 0 0 0 0 Sanitary Nuisance (365) 0.02 0 1 304 304 304 304 470 746 1,216 Rabies Surveillance /Control Services (366) 0.00 0 0 64 68 69 69 270 0 270 Arbovirus Surveillance (367) 1.00 0 0 20,943 20,942 20.942 20,943 32,950 50,820 83,770 Rodent/Arthropod Control (368) 0.00 0 0 17 17 17 17 68 0 68 Water Pollution (370) 0.00 0 0 506 507 507 507 800 1,227 2,027 Air Pollution (371) 0.05 0 0 2,366 2,364 2.364 2,364 3,700 5,758 9,458 Radiological Health (372) 0.00 0 0 15 16 15 15 25 36 61 Toxic Substances (373) 0.00 0 0 2 1 2 2 7 0 7 Group Total 1.09 1 3 24.741 24,743 24J44 24,744 39,090 59,882 98,972 ENVIRONMENTAL HEALTH SUBTOTAL 25.50 4.236 15,779 353,326 353,331 353.329 353,321 552,510 860,797 1,413,307 D. SPECIAL CONTRACTS: Special Contracts (599) 0.00 0 0 23,892 23,893 23.892 23,890 14,567 81,000 95,567 SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 23,892 23,893 23.892 23.890 14,567 81,000 95,567 TOTAL CONTRACT 171.50 38,146 460,454 2,677,416 2,634,724 2,634.718 2,597,337 4,147,086 6,397,109 10.544.195 C c N CD 0 O c CD S CD a> CD CD a O V CD CD N O O W I m A O m r O mN -n rn n C r < Z m 7D D Z s IV m r m °w> o N r � A D sZi m m U) D n m rn D (n (n A W N " ,C O O A n W O O d fJ DN7 N O C D I - m m v v_ v_ o° -, d v v_ v v c 3 3 f m S a x i N c D m a n_ > >> >_ 3 � y w Z >> m'_ w N H d m� 3 N m cc n VI o m m = O� n CD O a fD << (D O y f] o y m CD O a v fD << m N 7 a = a a w 3 or y L N N 8 ID 3 o m-0 m R v m i c—D f m c - m c o° m m f m f 0 c 1 < v m ° D K m M° a n o ° 3 O 2 CD ° o m o � o = c y d m p A N cNn 0 �D = 3 o U1 y rn m ° a c o ° m N v N N coi d a 5 c C 3 4 f Q m N m y M fa 0 C. 7 -u < °' 0 a a m o 'o a c o � a � C �_ G N O t=n 3, a VO=i 0 O~ y 3. n H a O a O' N = A 8 o W m Q ° O N N p Z rn i 0 O - N o v N N m O N (� C -� N m y O y � U'1 m y d 7a N d p Z y O 3 m ? d O 7 N (D 8 O c �Npa o n Z CD y C D D r _7 O O <_ (D 6 _� 7 O O O y N y X (O ? 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CXR Only (1 Aew with reading, no followup) I� +- CXR with reading &Follow -up Nursing Evaluation Visit - _ 40.00 LTBI Employment Package (PPD, CXR, Evaluation, INH if needed) PPD placement & reading +- 6o.00 -� 300.00 _ ao.00 STD - _ STD Asymptomatic Screen (RPR HIV GC CT) & Followup �- STD Asymptomatic Screen with Regular PAP & Followup STD Asymptomatic Screen - 50.00 w Thm Prep PAP no reflex HPV - 75.00 - 75.00 - ENVIRONMENTAL HEALTH FEES l FOOD - Plan Review - Reinspection �- 50.00 - Per Hour GROUP - 50.00 - One time fee Plan Review - Fee Schedule for Core Contract (excludes State EH Fees) j 50.00 Per Hour 12/2/2003 COLLIER COUNTY HEALTH DEPARTMENT Fee Schedule EXHIBIT I Fiscal Year 2003 -2004 1 6P 1z Reinspection Construction Inspection 50.00 One time fee Adult Family Care _ 50.00 One time fee Assisted Living Facilities _ 150.00 Anne Fee Child Care 250.00 Anne Fee Foster Care _ _ __ 350.00 Fee Residential Facilities _Annual 150.00 Annual Fee Schools - 250.00 Anne Fee Other Group Facilities _ 500.00 Annual Fee MHP 150.00 Annual Fee - Plan Review Reinspection 50.00 _ Per Hour 50.00 One time fee TANNING �_ _ I � Plan Review � Reinspection _ _ - 50.00 - Per Hour 50.00 One time fee SWP- _ Reinspection - Bacteri ological Fee 50.00 One time fee Rough Plumb Inspection L _ 180.00 Anne Fee I Renovation Inspection 50.00 One time fee Exempt Pool _ 50.00 One time fee Operator Certificate _ 50.00 - One time fee Operator Course 20.00 One time fee _ _ 50.00 One time fee WATER _ Water Letter Bacteriological Sample 30.00 One time fee i Sample Collection _ 25.00 One time fee Nitrate Sample - 60.00 One time fee 1 Bacteriological Sample _ 6o.00 One time fee 'Sample Collection _ 15.00 _ One time fee Nitrate Sample 40.00 - One time fee ! OSTDS 6o.00 _ One time fee Development Plan Rey iew - Incidental Plan Review - 20.00 One time fee Construction Permit Application _ 10.00 One time fee Construction Inspection - 140.00 - One time fee Final Cover Inspection 55.00 One time fee OSTDS Permit Issuance - - - _ 55.00 One time fee ATU Permit - 55.00 One time fee PBT Permit --_ - 150.00 Annual Fee Reinspection _ 200.00 Annual Fee Repair Permit _ 50.00 One time fee Septic Letter _ 150.00 One time fee _ 15.00 One time fee DENTAL DIAGNOSTIC Initial Oral Exam - Do15o Code Periodic Oral Exam - D0120 _ 49.00 Do15o Limited Oral Exam - Problem Focused - Do 14o _ 29.00 - Do120 45.00 _ Do1go Fee Schedule for Core Contract (excludes State EH Fees) 2 12/2/2003 COLLIER COUNTY HEALTH DEPARTMuwr Fee Schedule HjB I T6 Fiscal Year 2003 -2004 X-RAYS Intraoral Complete Series PeriapicaI first film 85.00 D0210 Periapical -each addt'] film 17.00 D0220 Bitewing- single film _- 14.00 D0230 Bitewings -two films _ 17.00 Do27o Bitewings -four films _ 28.00 - D0272 39.00 10274 PREVENTIVE Routine Child Prophylaxis Prophylaxis Adult 43.00 D1120 Topical application of fluoride _ 59.00 D1110 Oral hygiene instruction _ 23.00 D1203 Sealant _ 32,00 D1330 Periodontal Scaling and Root Planing (per quadrant) _ 34.00 - D1351 165.00 D4341 RESTORATIVE (FILLINGS) _ Amalgam -one surface, primary Amalgam -two surfaces, primary _ 69.00 D2110 Amalgam -three surfaces,primary _ 86.00 D2120 Amalgam-four or more surfaces primary _ 104.00 - D2130 125.00 D2131 Amalgam -one surface, permanent _ Amalgam -two surfaces, permanent _ 76.00 D2140 Amalgam -three surfaces, permanent _ 97.00 - D2150 Amalgam -four or more surfaces, permanent 118.00 D216o - 144.00 D2161 Resin -one surface, anterior _ Resin - two surfaces, anterior Resin _ 94.00 - D2330 - three surfaces anterior 117.00 D2331 Resin -four or more surfaces or involving incisal angel - anterior _ 145.00 - D2332 181.00 D2335 Resin -one surface, posterior- primary _ Resin - two surfaces, posterior- primary _ 91.00 D238o ` Resin - three or more surfaces, posterior- rimary 1 47.00 P _ 117.00 - D2381 147.00 D2382 Resin - one surface posterior- permanent _ Resin - two surfaces posterior- permanent 102.00 Ds385 Resin - three or more surfaces - -- posterior- permanent 144.00 D2386 - 179.00 D2387 Pulp cap - direct (excluding final restoration) - Pulp cep - indirect (excluding final restoration) 49.00 _ D3110 Gross pulpal debridement primary and permanent teeth 48.0 - D3120 Apexification /recalcification - initial visit - -- 83.00 D3221 Apexification/recalcification- interim medication replacement _ 221.00 - D3351 Apexification/recalcification - final visit 16o.00 D3352 Tooth re- implantation and /or stabilization of accidentally _ 275.00 .- D3353 evulsed or displaced tooth and /or alveolus 320.00 D7270 ORAL SURGERY (EXTRACTIONS) Simple extraction, first tooth Simple extraction, additional tooth 94.00 D7110 Surgical extraction, erupted tooth _ 88.00 D7120 Soft tissue impaction _ 176.00 D721O Partial bony impaction 205.00 D7220 267.00 _ D7230 Fee Schedule for Core Contract (excludes State EH Fees) 3 12/2/2003 COLLIER COUNTY HEALTH DEPARTM Fee Schedule 416,95 Fiscal Year 2003 -2004 w utv% -'VE SERVICES I1tM (sedative filling) An Incision and Drainage Consultation (diagnostic physician other than F Dry Sockett Treatment Behavior Management Suture removal Injection of novacaine Space Maintainer unilat ipace Maintainer bilat RAMUNIZATION Flu vaccinations 'Flu vaccinations � Pneumonia STATISTICS Death Certificates Birth Certificates Birth Certificates service H PROMOTION CLA.gSES Winning with Wellness Smoking Cessation Stress Manavrmn..+ visit dentist or g treatment Fee Schedule for Core Contract (excludes State EH Fees) 4 EXHIBIT I 12/2/2003 _ 133.00 107516 _ - 74.00 D9310 — -M1 _ 75.00 — Dquo 76.00 _ D9920 20.00 _ D9999 10.00 _J1170 156.41 — Do1510 229.08 Do1g15 ,J 20.00 17.00 _ Sponsored, grouup billing 25.00 8.00 _ 10.00 First copy _ 6.00 Each additional LJ 6o.00 45.00 12/2/2003 M91 MEMORANDUM Date: December 18, 2003 To: Amanda Townsend Parks and Recreation From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution No. 2003 -459; A lease agreement with the Children's Museum of Naples, Inc, for vacant land at North Naples Regional park Enclosed please find a copy of the document referenced above (Agenda Item #16D6), as approved by the Board of County Commissioners on Tuesday December 16, 2003. y If you should have any questions, please call me at 732 -2646, Ext. 7240 Thank you. Enclosure LEASE AGREEMENT 16060*1 THIS LE ASE AGREE NT ("Lease") entered into this (_ � day ofbC6_erV1bW, -2003 between the CHILDREN'S MUSEUM OF NAPLES, INC. ( "LESSEE ") whose mailing address is PO Box 2423, Naples, Florida 34106 and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises (A) LESSOR agrees to Lease approximately two (2) acres as described in Exhibit "A" which Exhibit is attached hereto and made a part hereof, herein called the "Demised Premises," situated in Collier County, Florida, for the purpose of LESSEE to fully fund, construct, operate and maintain a twenty thousand (20,000) square foot building only as a Childrens' Museum (the "Facility ") for uses commonly and normally associated with a CHdrens' Museum. No "zoo" or other housing of animals is being authorized. LESSEE may expand the size of the Facility subject to LESSOR'S prior expressed written approval, and to include related parking and landscaping. As the underlying land is zoned "Park," LESSEE may serve alcoholic beverages during infrequent fundraising events. LESSEE shall also be permitted to contract for (or conduct) one (1) concession /gift shop and the proceeds shall be revenue to LESSEE. (B) LESSOR agrees to allow LESSEE'S overflow parking to utilize the area indicated as `NNRP Bus Parking' on Exhibit "A" as `Shared Parking'. ARTICLE 2. Term of Lease. (A) LESSEE hereby Leases for a term of Thirty (30) years commencing on January 1, 2004 and ending December 31, 2034 (the "Initial Term "). (B) LESSEE is granted four (4) additional (separate) fifteen (15) year renewal terms following the initial thirty (30) year term. This Lease shall automatically renew for each successive renewal fifteen (15) year te under the same terms and conditions, as provided herein, including as to the rental amount, as provided herein unless LESSEE notifies LESSOR, in writing, of its intention not to renew this Lease, which notice must actually be delivered to LESSOR not less than one hundred eighty (180) days prior to the expiration of the then current lease term. Notwithstanding, if LESSEE is in default under on the terms and conditions of this Lease prior to the expiration leasehold estate hereby created or renewal term then in effect, LESSOR shall have the right not to renew this Lease by providing LESSEE with Notice of such intent not to renew not less than one hundred eighty (180) days prior to the expiration of the initial term, or the renewal term, then in effect. Said notice shall be effective upon actual receipt by LESSEE. (C) LESSEE agrees to complete the proposed Facility on or before the fifth year of the commencement date of this Lease. LESSEE shall be responsible for providing LESSOR with a copy of the Certificate of Occupancy issued by Collier County for the Facility. (D) If after the fifth year of this Lease, LESSEE has not actually fully completed the proposed Facility at the Demised Premises, this Lease shall be null and void and LESSOR, if it so elects, may renegotiate a new LEASE AGREEMENT with LESSEE for the intended purpose of this Agreement, or in the alternative, LESSOR can elect to take possession of the improvements the on the Demised Premises without compensating LESSEE in any way. Upon issuance of a Certificate of Occupancy, the County shall have no further right to declare this Lease null and void for non - performance of the required construction. (E) The Board of County Commissioners, as a last resort, reserves its right to terminate this Lease, Lor cause, upon providing to LESSEE at least one hundred and eighty (180) days prior written notice actually delivered to LESSEE at the mailing address set forth in ARTICLE 8 (or then substituted "notice address "). Said notice shall be effective upon actual receipt by LESSEE. Termination for cause shall be a last resort and shall not be exercised unless LESSOR has provided LESSEE with advance written notice of each such violation(s) and has afforded LESSEE reasonable time to cure all such noticed curable violations, or in the event LESSEE violates this Lease by committing one or more material, non - curable violation(s). Any unauthorized use by LESSEE shall be a "material violation" and shall be independent grounds for termination by LESSOR for cause. If termination for cause is exercised by LESSOR, LESSEE shall surrender the Facility and all fixture and non- 1606 •, fixture improvements to LESSOR without cost or expense to LESSOR, and the Facility and all such improvements shall become the absolute property of LESSOR. (F) The Facility and all other fixed improvements to the Demised Premises shall automatically, and at no cost to LESSOR, become sole property of LESSOR upon termination of this Lease. ARTICLE 3. Rent. LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Hundred Dollars ($100.00) per annum. The rent for the first ten (10) lease years ($1,000) shall be paid to LESSOR within ten workdays of LESSOR'S execution of this Lease. Thereafter, the annual rent shall be paid in full not later then thirty (30) days following the anniversary date of the execution of this Lease by LESSOR, and shall be paid to LESSOR not later then the anniversary date of the commencement date of this Lease for each year thereafter. ARTICLE 4. LESSEES' Other Expenses and Costs (A) LESSEE shall pay to the LESSOR one half (1/2) of LESSOR'S total expenses to develop shared "infrastructure" as indicated on Exhibit B, including LESSOR'S costs of engineering, and LESSOR'S costs of construction of ingress /egress, parking facilities, site development, water and wastewater facilities, electric service facilities and hook -ups, surface water management and landscaping. It is anticipated that these costs by LESSOR should not exceed $800,000 and, therefore, LESSEE'S costs for this infrastructure is not anticipated to exceed $400,000. These costs shall be paid by LESSEE to LESSOR promptly after LESSOR delivers invoices for same to LESSEE from time -to -time. (B) LESSEE shall be responsible for its pro -rata share of any on -going maintenance or future maintenance costs or expenses related to the Shared Parking Area that LESSOR may elect to complete. This may include, but not be limited to repaving, complying with any future code issues or water management issues. (C) LESSEE shall also be responsible for the sole cost and expense of monthly costs related to electricity, air conditioning, water, sewer, pest control, telephone and other communications, trash removal, janitorial services and landscaping used, rendered or supplied to the Demised Premises throughout the life of this Lease. ARTICLE 5. Commitment. LESSEE agrees that: I. This Facility will be open to the general public but reasonable admittance fees may be required. 2. LESSEE shall provide the Public Services Administrator and the Parks and Recreation Department Director with construction plans for the proposed Facility. LESSOR shall review the plans and provide written approval or disapproval within thirty days to LESSEE prior to any construction by LESSEE to ensure that the exterior of the proposed Facility, and that all related improvements such as landscaping, lighting and parking areas, are compatible with LESSOR'S improvements and architectural style at and near the Demised Premises. Upon review of LESSEE'S plans by LESSOR, LESSOR shall provide LESSEE with written notice of any construction scheduling conflicts that in LESSOR'S opinion may be caused by LESSEE'S construction at the Demised Premises that may hinder maintenance and/or operations at or near the Demised Premises. 3. LESSEE shall totally complete the proposed Facility, whereby in the normal course of events a normal Certificate of Occupancy can be issued to LESSEE by LESSOR not later then the fifth (5th) year from the commencement date of this Lease, or this Lease may be declared by the Board of County Commissioners to have become null and void for such non - compliance by LESSEE. 4. Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations. 5. If LESSEE shall engage in fund raising activities, LESSEE will strictly comply with and any all laws and regulations applicable to fund raising activities and County will not be responsible in any way for any fundraising activities or reimbursements. 2 ARTICLE 6. Indemnity. 76060,1*v (A) LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (i) LESSEE'S use of the Demised Premises, (ii) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (iii) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (iv) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, or LESSEE'S invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. (B) The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub - surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi - public works. (C) The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 7. Insurance. (A) LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than Three Hundred Thousand Dollars and No /Cents ($300,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting then minimum required Statutory Limits in compliance with the then applicable Florida and, if applicable, federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No /100 Cents ($100,000.00) each accident. (B) Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be delivered by LESSEE to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval within thirty days from the execution of this Lease by both parities; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 8. Default by LESSEE. (A) Failure of LESSEE to remedy any non - compliance of this Agreement within sixty (60) days from receipt of LESSOR'S written notice stating the non - compliance shall constitute a default, whereby LESSOR may, at its absolute discretion, terminate this Lease by giving LESSEE thirty (30) days written notice unless the default is fully cured within that sixty (60) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (i) Falsification by LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (ii) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (B) In the event of the occurrence of any of the foregoing defaults in this ARTICLE 6, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all signs from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at 3 the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 9. Obligations by LESSOR. LESSOR shall have no obligations whatsoever except to the extent expressly specified herein. ARTICLE 10. Notices. Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Property Management Dept. Administration Building 3301 Tamiami Trail East Naples, Florida 34112 LESSEE: Children's Museum of Naples, Inc. c/o President P.O. Box 2423 Naples, Florida 34106 cc: Office of the County Attorney Administrator, Public Services Director, Parks and Recreation Department ARTICLE 11. Surrender of Premises; Future Lease of the Demised Premises to LESSEE. LESSEE shall remove all signs installed by or on behalf of LESSEE immediately upon expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises in good physical condition, only ordinary wear and tear excepted, and shall be free from liens, security interests, and all other encumbrances except those, if any, authorized in writing by the Board of County Commissioners. The Board shall have no obligation to agree to any such encumbrance and such authorizations shall be as the unbridled discretion of the Board of County Commissioners. ARTICLE 12. General Provisions. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S operations where any such operations share common facilities or otherwise. Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. ARTICLE 13. Effective Date. This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 14..Goveming Law. This Lease shall be governed by, and construed in accordance with, the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: DATED: ( r FIR T WITNESS (signature) (print/type^ name) SECOND WIT (print/type name) THE CHILDREN'S MUSEUM OF NAPLES, INC. BY- (L.S.) JUL KOESTER, President 2 4 AS TO LESSOR: DATED:_ (a-1(0- 2003 ATTEST: DWIG1 BRO.C3�uClerk B •C Deputy` AttoF ag is cm irm". si9natl' a oily. s Approved as to form an ga sufficiency: �1 Thomas C. Palmer Assistant County Attorney 1696 BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, IDA BY: • TOM HENNING, Chairman KA7953] .t, EXHIBIT A 1606, - „ r1l RESOLUTION 2003 - a s s 1606 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE CHILDREN'S MUSEUM OF NAPLES, INC. FOR USE OF COUNTY -OWNED PROPERTY AT THE NORTH NAPLES REGIONAL PARK WHEREAS, the Children's Museum of Naples, Inc. (`Museum'), desires to lease approximately square feet of Collier County -owned unimproved land located at the North Naples Regional Park, for construction and operation of a Children's Museum; and WHEREAS, the lease shall have an initial term lease of thirty (30) years and includes four (4) additional (separate) renewal terms of fifteen (15) years each. The annual rental shall be and shall remain to be $100; and WHEREAS, the Board of County Commissioners believes and finds that this land ( "Demised Premises ") is required for the Museum's use and is not presently needed exclusively for County only purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners hereby approves the attached Lease Agreement between Collier County and the Children's Museum of Naples, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement on behalf of the Board.. This Resolution adopted this Vt da y ofl.C(�IY11 '1!2003 after motion, second and majority vote in favor of adoption. ATTEST: DWIGHT F,; 1ROCK; . e k BY f ` "i eput. erk, Attesf s•.0 Chair�apfs s ignatur�.,�i�„ Approved as to form and legal sufficiency: Thomas T Palmer, Assistant County Attorney BOARD OF CO )oNTY C MMISSIONERS COLLIER C TY, RIDA D•�- BY: v,.—" TOM HENNING, Chairman 16E3 MEMORANDUM Date: December 18, 2003 To: Toni Mott, Supervisor Facilities Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement to provide the District School Board Of Collier County, Florida $102,917.65 from the GAC Land Trust to purchase playground equipment and sunscreens at Sabal Palm Elementary School Enclosed please find two (2) original agreements as referenced above, approved by the Board of County Commissioners on Tuesday, December 16, 2003 (Agenda Item #16E3). If you should have any questions, please contact me at 732- 2646 (ext 7240) Thank you. Enclosure 16f3•. AGREEMENT THIS AGREEMENT made this day of lDCCcmbei^ , 2003 between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as the "School ") whose mailing address is 5775 Osceola Trail, Naples, Florida 34109, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as the "County ") whose mailing address is 3301 Tamiami Trail East, Administration Building, Naples, Florida 34112. WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to as "Property "), from Avatar Properties Inc. f /k/a/ GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement "); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and /or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates "; and WHEREAS, the County currently has funds derived from the use and /or sale of a portion of the above - described Property; and WHEREAS, the School has requested funds to purchase Playground Equipment and Sunscreens for the playground at the Sabal Palm Elementary School, which is located in Golden Gate Estates; and WHEREAS, the County has determined that a disbursement of a portion of said funds to the School is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing Playground Equipment and Sunscreens for the playground at the Sabal Palm Elementary School, which is located in Golden Gate Estates; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection ", dated NOV, A X03, approving the use of funds derived from the sale of Property to fund the purchase of "Playground Equipment and Sunscreens" to be located at the Sabal Palm Elementary School located within Golden Gate Estates. NOW THEREFORE, in consideration of the above premises which are incorporated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. The County hereby agrees to contribute a maximum of One Hundred Two Thousand Nine Hundred Seventeen and 65/100 Dollars ($102,917.65) of the total funds to be expended by the School for purposes hereinafter stated, (hereinafter referred to as the "Funds "), in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the purpose of purchasing the items listed on the attached Exhibit "A ", attached hereto and made a part hereof, (hereinafter collectively referred to as "Equipment "). 2. The School agrees and warrants that the Equipment purchased with the Funds shall be utilized solely for the School for the primary purposes of providing Playground Equipment Sunscreens at the Sabal Palm Elementary School, which is within the geographical area c and ommonly known as "Golden Gate Estates ". 3. The School hereby agrees that the purchase of the Equipment has been or shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The School hereby agrees that the purchase of the Equipment shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or receiving of any goods or services purchased under this Agreement. 4. Payment of the Funds for the Equipment shall be in accordance with the following procedure: (1) After delivery of said Equipment to the School, the School shall deliver to the Real Estate Services Manager for approval prior to any payment made to the District: (a) Copies of any and all invoices for said Equipment, clearly stating the purpose of said invoices and indicating that the invoices have been paid in full. I" 16t (b ) A letter from the School, signed by the Chairperson, stating that the uipment has been received and accepted in good order and directing the County to reimburse the School upon payment of the invoices for those items listed in Exhibit "A" for purposes specified in this Agreement. (2) Within thirty (30) days after receipt and approval of the above - described documents and verification that all invoices have been paid in full by the School, if not already provided, a County warrant for payment shall be prepared and made payable to the School and shall be forwarded directly to the School by the County. In no way, shall the total amount to be paid exceed $102,917.65. (3) The Equipment shall be purchased by the School within six (6) months of the execution of the Agreement by both parties. In the event that the Equipment is not purchased by the School within six (6) months from the execution of this Agreement, it is understood and agreed by the parties that the School shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the School pursuant to the provisions of this Agreement. (4) If the School obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of said Equipment, such gift, contribution or reimbursement shall be, within ten (10) days of receipt by School, forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. School agrees to prepare and submit the appropriate grant applications whereby verification of such application, and its approval or denial, shall be provided to the County within thirty (30) days of submittal and /or receipt. (5) The School covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the School to pay any remaining balance required to complete the purchase of any other Equipment required. 5. The School agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of Equipment in the event the Equipment is damaged or destroyed. 6. The School covenants and agrees that this Agreement is solely between the County and the School and, although the County shall reimburse the School for all or only a portion of the Funds on behalf of the School, the County shall have no direct or indirect liability to the vendor of Equipment or any other third party resulting from this Agreement. 7. School agrees to protect, defend, indemnify and hold the County harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the selection, purchase, delivery or use of the Equipment by the School, its agents, employees, or in any way related to the use of the Equipment by the School, its agents, employees or any third party. 8. The School understands and agrees that the Funds to be provided to the School in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and /or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund 605 - 122390 (The GAC Trust Land Sales Fund). The School further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 9. The School agrees that following purchase, and at all times thereafter, the Equipment shall be used to provide Playground Equipment and Sunscreens for the Sabal Palm Elementary School within the geographical area commonly known as "Golden Gate Estates ". 10. In the event that the Equipment ceases to be utilized by the School as described in Paragraph 2, or if the Equipment ceases to be used in accordance with the terms of this Agreement, the School agrees that the School shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be used by the School as described in Paragraph 2 or the date the Equipment ceases to be used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said Equipment. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. 12. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Real Estate Services Administration Building — 4 1 Floor 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE DISTRICT: The District School Board c/o Dave Lesansky Office of the Director Facilities Planning and Construction 5775 Osceola Trail Naples, Florida 34109 16E3.. 13. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. 14. This Agreement may not be assigned. IN WITNESS WHEREOF, School and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: ATTEST:., DWIGHT. ,E. BROCK, Clerk Attest, t>o chq s, siQnAtt� o�+ly. <<. AS TO SC �9 DATED: WITNESSES: First W t ss (Signature) Name: a Y Li n 6's U-n (Print 4r Type) Q Second Witnes (Signatur Name: Debw,4h N AidPIg o%F' (Print or type) ATTEST: Supe ntendent of Schools and Ex- Officio Secretary N . '-b - V, 14 (Print Name) Approved as to form and l Heidi F. Ashton Assistant County Attorney BOARD OF C NTY C MMISSIONERS COLLIER NTY, RIDA Tom Henning., Chairman DISTRICT SCHOOL BOARD OF COLLIER PPUNTY FLORIDA By: k CHAIR I.7 —TIM , ?r , j�? ACKNC)VIILEDQMEN7 CC a \ �C AI�ETI 6� 1 P, '� / A 35� i' � j ORDER NUMBER PHONE (8j84` -id" S 3210020 O 5: L H D OWEN--- AMBSERtMBALL COMPANY' � SABAL PALM ELEMENTARY 6310 TRAIL BLVD. P 4093 ISTH AVENUE N. E. T NAPL.E a, FLOR .34108 i try« . t��q �+ T NAPLES, FLOR 3+4120 REPRESENTATIVE PROJL+'+�d i��'fa'1W5% SABAL PALM RL9ME'NtARY DOMINICA - DATE 1� 2, 1. 4 q1 1. H AL cry'. i x 16E EX HT �_. ti FL�O�? 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T MAPLE i FLOR 34109 0 NAPLEEp FLOR 34120 REPRESENTATIVE DOMINICA , - 381,46 4DDITIONAI- +SHIRI�(+1G��NFA�MAT(C�N,} n ' � r n 4 ,� +� � r ks 4i�G sl t.', z •:.+.`t4,t.1 .:.;L{ .b "' }t is tly q 4n6 ,''a { r'r� .. 's'a n+ez'v' ;1u W{ r ✓^.,�' ro 'ALL 24 HR3 B4 I L STEVE HEDDBN 230 405r.6011 DATE _ DATE TO BE ✓HIPPED CUSTOMER P.0 NO. 1 QUAN 1ITY CATALOG NO. DESCRIPTION WEIGHT UNIT PRICE EXTENSION OWE T ON TALL 8;0 /'►3 �f2lQ'•+ ^rt '" "' ` 139$4 <�:3 "8'.E, G C�,:S 1 I,I tt47T!!L AL CAP Yob t p yj +�t�ii t� J�OtiA•� q/�,/��, , A #� • 4 L7r/ Cs R 4 - r25�8 69 ff t`sy °'- AL, 1. .'OC�C�. u,'s il.i ' � �ltr �1� }�� .��,�� gip:. fl��.� +M' /�"�'?} � Nr liR� �,• �} t ' �1 � Af'tTY i. _ k`t k i } � '� 'ci*s \/jam ;+ WT/S�Mp��Ry1Jh � r �1� r '^ tj - i�00 ..l1/Xi1.l. O.t Cyk�� r°o- tK # i •7 4� '.JG" 7f dsV r n.S p{ a! ,{l w a fitli5 { �x 5; DAM y �y $� 4 �:i 14 � �{��i' �!!�$/ 1� t.. i "I IND {} r DZ,50 ffl j a I y+►/y N, 3- 6 89 wry �'� i- 1 • �r� «r `" w ;. ttr It l" > Zd '..i. ti+► `�t ry i i a. .7 �. '"i� N' r 33+i�.7.7.r W t�.�, � �3.3X's 1 S 16E EM .© _A paw FLOR Fogg !'1{.G1�IAETIK#I�.YYFuLj�I/�/��1�.a ORDER I'r1 C /ftW J' D OWEN- -AMRS-�{7�t-i,dALL COMPANY " Itl ; USA.L PALM ELEM13NTARY % 6 10 TRAIL BLVD. 4ti$$ I$Ti� AVENUE ta. R. T NAPLES, FLOR 4108 NAPLES, FLd7Fi 34120 O REPRESENTATIVE IQM•N rC 'F -r;1 1°Y"•+'+h. ^1r1.;.xX.«w ".Rr9YieaA A�%p y.�Y -- , $ , r - 38146 ADDITJONAL.9W.W 7NIN60RMATGNJ t. M '. b,,,�,s •x.... 24 IRS 84 i)RL STOVE HHODRN Z 3 1? ra511 DATE DATE TO RESHIPPED - CUSTOMER P.O. Np ,try? A., ED EXTENSION DESCRIPTION WEIGHT UNIT PRICE -- :d •`i.;•'M AIM AA# �� F t' i•5 frQZ4 f: SUS Tt?'tAi. 4(194 dr C1�'y R [��/•� APPLICABLE WX�� ! EFLUCT 41ii' YOUR ZUVo% R lSIxuy 7 ` {1 { eY[t�rw, �, (� 1n., )'} i �wy��h7.11�JaV W�'V a #t. iyl, •h 7 +.3 M'�rI WbfG6Y MANUAL ADDRIS �� k Y i AM R—KIMBALL fi FtAl4 BLVD FLOR $4�:gB t 3 T�.• 4ir J // �Yt oior _ � §Y�AY � p %1 :, ; � z ' +.i� fit �,'�'. �• ',+ 1 N � '` t.,.lwti. f Iv�Y a: r 4 f ft¢ t '' 3�6 j y , �A"A lit i i• _ . 1 .__.• iu._�. "•� raS+Ji..u_. �.u_ �� L.+."�._5a .,r_.a ..._.,.�._. �.�.,._ r � . L ..L��' ?�f'! t "C4 .r . a. ! ,d .'X 1 .. :4 ..� Indus trio/ Sae d ep o r� is USA /n e. 1649SW1st way #B -3 INVOICE Deerfield Beach, FL 33441 954 -425 -0161 - Fax 954 -425 -0144 DATE 07/18/2003 JOB NUMBER 20486 www.shadeports.com - - - -- -- NAME / ADDRESS SHIP TO Owen - Ames - Kimball SABAL PALM ELEMENTARY 6310 Trail Blvd, 4095 18TH AVENUE NORTHEAST Naples, FL 34108 NAPLES, FL 34120 ORDER#1269 -051 -M P O#5979- 1289 -M -10021 PHONE A 239 -596 -0291 FAX # 239-596-0294 _J CUST PO POIPROPII QTY ITEM DESCRIPTION AMOUNT SABAL PALM ELEMENTARY SCHOOL - -- 195'x 45'x 15'H SOLAR SHADE STRUCTURES 2.5 CUSTOM 5 - 39' x 45' x 15' H SOLAR SHADEPORT STRUCTURE 24,131.00 COVER SUPER UV ULTRABLOCK'TM- FABRIC AS PER SAMPLE CURTAINS 39' x 5' CURTAINS CURTAINS 45' X 5' CURTAINS 8" COLUMNS 8" STEEL GALVANIZED FINISHED COLUMNS WITH BASEPLATES APPLICATION. HOOPS 3" DIAMETER, PRE - SHAPED WITH A NATURAL GALVANIZED FINISH, BRACES BRACES I ENGINEERING ENGINEERING DRAWINGS 550.00 0.4 INSTALLATION NAPLES FL 5,264.80 S/H SHIPPING AND HANDLING WARRANTY WE OFFER A 10 YEAR WARRANTY ( SEE WARRANTY CERTIFICATE) INSTALLATION DURATION ( 10 DAYS) V R A14"T cc JOR 6L RECEIVEl JUL 2 1 201,. NOTE : _ . — _ r — _____ OWLWAMES- KIMBAI_l_ Q,,.; Amount due this Inv ... $29,945.80 Our shadeport structures) remain(s) the property of Industrial Shadeports USA Inc., until proposal and matching invoice amounts are paid in full. APPROVED PAYMENT ENT PLAN 16 -_ -7 —ir :Z At1 I /mill —i/ A VA— 't-- cJ �— �I�_t �C► Y 7 ` im asinsispsAfoports onisc. 1649 SW Is/ Way # B - 3 Deerfield Beach, FL 33441 954 -425 -0161 - Fax 954 -425 -0144 www.shadeparts.com INVOICE DATE 0 20509 NAME I ADDRESS SHIP TO - _ - SABAL PALM ELEMENTARY _ Owen -Ames- Kimball I{ 4095 18TH AVENUE NORTHEAST 6310 Trail Blvd, NAPLES, FL 34120 Naples, FL 34108 ORDER #1269 -051 -M PHONE # 239 -596 -0291 QTY ITEM 2.5 CUSTOM COVER CURTAINS CURTAINS 8" COLUMNS HOOPS BRACES ENGINEERING 0.6 INSTALLATION SIN WARRANTY i P O#6979- 1269 -M -10021 FAX # I739- 596.0294 COST PO # T T01PROPS --- -- -- .. L A__.. -- DESCRIPTION AMOUNT MARTIN LUTHER KING ELEMENTARY SCHOOL IV�I R 195'x 45' x 15' H SOLAR SHADE STRUCTURES 5 - 39'x 45'x 15'H SOLAR SHADEPORT STRUCTURE 24,131.00 SUPER UV ULTRABLOCK "TM" FABRIC AS PER SAMPLE 39'x 5' CURTAINS 45'X 5' CURTAINS 8" STEEL GALVANIZED FINISHED COLUMNS WITH BASEPLATES APPLICATION. 3" DIAMETER, PRE- SHAPED WITH A NATURAL GALVANIZED FINISH. BRACES ENGINEERING DRAWINGS NAPLES FL 7,897.20 SHIPPING AND HANDLING WE OFFER A 10 YEAR WARRANTY ( SEE WARRANTY CERTIFICATE) INSTALLATION DURATION ( 10 DAYS) RECEIVED SEP 2 ; L"'_�uJr 3 OMIEN- AMES - KIMBALL Amount due this Invoice: $32,028.20 Our shadeport structure(s) remain(s) the property of industrial Shadeports USA Inc., until proposal and matching invoice amounts are paid in full. APPROVED PAYMENT PLAN is -- _� -C _3 AQ 1 l / ' µtS rt �-t-r' �� r Ks �-. a (Al r cc—_ c J "�� 11 tl j 1 +—&, . a I L, -- �- 16E4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16,2004 16F MEMORANDUM �7 Date: December 19, 2003 To: Jack Wert Tourism Director From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution No. 2003 -460: Designating the County Tourism Department as the Official County Tourism Promotion Agency Enclosed please find one copy of Resolution No. 2003 -460, (Agenda Item # 16F I) as referenced above, approved by the Board of County Commissioners on Tuesday, December 16, 2003. If you should have any questions, please contact me at 732 -2646 ext. 7240. Thank you, Enclosure RESOLUTION NO. 2003_ 4 6 0 l 6P, a It A% RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING THE COUNTY TOURISM DEPARTMENT OFFICE KNOWN AS THE GREATER NAPLES, MARCO ISLAND, EVERGLADES CONVENTION AND VISITORS BUREAU AS THE OFFICIAL COUNTY TOURISM PROMOTION AGENCY WHEREAS, On December 17, 2002, by Resolution No. 2002 -501, the Board of Count Commissioner's designated the new tourism marketing office of the Count Th y Y as e Greater Naples, Marco Island and the Everglades Convention and Visitor's Bureau, and WHERAS, the County Tourism Department was created for the purpose of tourism Promotion by Collier County, and WHEREAS, the Board of County Commissioners desires to designate the Collier County Tourism Department office, which is currently known as The Greater Naples, p es, Marco Island, Everglades Convention and Visitor's Bureau, as the Official County Tourism Promotion Agency pursuant to Section 125.0104(9), FS. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that, the Collier Count Tourism rtsm Department office is hereby designated as the Official County Tourism Promotion Agency g Y pursuant to Section 125. 0104(9), FS. This Resolution adopted this !-Se day of December 2003 after motion; second and majority vote favoring same. D?VICaI` E. BROCK, v 7 i si Approved as to form and legal sufficiency: Heidi As ton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom enning, Chairman 16F3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16,2004 16 "I 1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 16, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for October 18 2003 through October 24 2003. 2. Disbursements for October 25 2003 through October 31 2003. 3. Disbursements for November 11 2003 through November 7 2903. 4. Disbursements for November 8 2003 through November 14 2003. 5. Disbursements for November 15 2003 through November 21 2003. 6. Disbursements for November 22 2003 through November 28 2003. B. Minutes: I. Collier County Hispanic Affairs Advisory Board — Minutes of September 25, 2003. 2. Radio Road Beautification M.S.T.U. — Agenda for November 18, 2003; Minutes of October 21, 2003. 3. Immokalee Beautification M S T LJ. Advisory Committee — Agenda for November 19, X003; Minutes of October 22, 2003. 4. Forest Lakes Roadway and Drainage M.S.T.U. — Agenda for November 19, 2003; Minutes of October 15, 2003. Pelican Bay Services Advisory Committee — Notice of Cancellation of Public Meeting — December 3, 2003; Budget Sub - Committee — Agenda for November 13, 2903; Regular Agenda for November 5, 2003; Minutes of October 1, 2003; Clam Bay Sub - Committee Minutes of October 1, 2003. 6. Collier County Water and Wastewater Authority Advisory Board — Minutes of September 22, 2003. H:Data/Format 1-6-11 7. Environmental Advisory Council — Agenda for November 5, 2003; Minutes of August 6, 2003; October 1, 2003. 8. Collier County Planning Commission Advisory Committee — Agenda for November 6, 2003; November 20, 2003; Minutes of September f 8, 2003; October 2, 2003 and October 16, 20Q3. 9. Bayshore Beautification M S T.U. Advisory Board — Agenda for November 12, 2003; Minutes of October 8, 2003. 10. Collier County Citizen's Corps Advisory Committee — Agenda for August 21, 2003; Minutes of August 21, 2003. 11. Coastal Advisory Committee — Minutes of September 11, 2003. 12. Collier County Airport Authority Advisory Committee — Agenda for November 10, 2003; Minutes of.October 13, 2003. A 13. Parks and Recreation Advisory Board - Agenda for November 19, 2003; Minutes of October 15, 2003. 14. Lely Golf Beautification Advisory Committee — Agenda for November 20, 2003; Minutes of October 16, 2003. 15. Historical & Archaeological Preservation Board Advisory Committee — Agenda for November 19, 2003; Minutes of October 15, 2003. C. Other: 1) Florida Department of Revenue — Letter to Guy Carlton, Colliet County Tax Collector, regarding budget amendment for the final salary, FICA,and retirement benefits. H:Data/Format PARKS AND RECREA TION 6813 AD VISOR Y BOARD AGENDA N 1) "V 12 200 hoard o'� i�°crnt,y Commissioners 2: 00 PM November 19, 2003 , East Naples Community Park c Sc. °} L CALL TO ORDER ' c�ma�aa H. PLEDGE OF ALLEGIANCE TO THE FLAG III. INVOC A TION IV. APPROVAL OF MINUTES V AWARD — Geri Lynn Waterbury VI. NEW BUSINESS . A. PARAB Vacancies Application of John MacDougall a r VII. OLD BUSINESS A. Children's Museum Lease ,w. B. Golden Gate Neighborhood Park VIII. SPECIFIC UPDATES. A. Sunshine Law/Public Records Meeting B. North Naples Regional Park C. Willoughby Acres Neighborhood Park IX. REPOR TSIUPDA TES A. Monthly Report ' B. BCC Recap C. Grants D. Special Event Calendar E. Parks Update F. Recreation Update G. Adopt A Park X. MEETING SCHEDULE l t,,s ( U XL MEMBERIADDRESS LIST To: MINUTES PARKS AND RECREATION ADVISORY BOARD MEETING Max Hasse Community Park October 15, 2003 Present: John Ribes, Chairman Staff. Marla Ramsey, Director Ski Olesky, Vice - Chairman Murdo Smith, Beach & Water Supt. Frank Donohue James Fitzek, Operations Manager Chuck MacMahon Steve Whittier, Recreation Supt. John MacDougall Joe Delate, Project Manager Mary Ellen Rand John Veit, Parks Superintendent Amanda Townsend, Operations Coordinator Absent: Jeff Brown Barbara Johnson, Sr. Admin Assistant Others: Cheryl Newman I. Call to Order by John Ribes, Chairman Il. Pledge to Flag III. Invocation IV. Approval of Minutes — Minutes of last meeting approved V. Awards: VI. New Business A. TDC Funds A proposed policy prepared by the Collier County Coastal Advisory Committee was heard at the BCC meeting on October 14, 2003. if this policy were adopted, CAC would review and make recommendations on all TDC Category "A" requests, and all beaches would be eligible for renourishment whether there was public access or not. Renourishment would take precedent over all beach maintenance projects. BCC voted not to approve this policy (3 -2) and directed the boards to work more directly with county staff. Beach access does not only consist of getting to the beach but also includes parking availability, traffic concerns, etc. VII. OLD BUSINESS A. Golden Gate Neighborhood Park (land cost) A letter had been sent to AVATAR requesting the sale price of the five parcels in question. AVATAR responded by saying they no longer owner this land and could not provide the buyer's name. Deeds on record have not changed since 1983 — the owner is listed as Wilkinson —Meffert Construction Company in care of AVATAR in Coral Gables. (This company is no longer in business.) The Tax Collector's records show that no taxes have been paid since 11/26/0 1. More research is being done, including enlisting the aid of Real Property, before doing a title search which would cost $250 per parcel. Cheryl Newman of Golden Gate City will also assist in this endeavor. 81-3 16(1)1- 813 B. Isle of Capri Neighborhood Park — a grand opening was held last Saturday. The Homeowners group brought in food, had organized games, etc. for the occasion. Approximately 30 -50 people enjoyed the time. An older gentlemen who lives across the street from the park related he was happy to have the park there and be able to hear the children enjoying themselves. Per the request of Isle of Capri residents, this park will be dedicated to Doc Loach at a later date. Eagle Lakes — dedication of the interpretative nature center took place last Fridday. Along with the other guests present were two eagles sitting in one of the pine trees. VIII. SPECIFIC UPDATES A meeting will be held with the Airport Authority and the County Manager regarding Immokalee Airport Park. The idea was to swap 10 acres for 10 acres; now the Authority is asking for an impact fee reduction and swapping 7 acres. The Department is not satisfied with this. IX. REPORTS/UPDATES A. Monthly Report — SAP end of the year figures should be available at next month's meeting. B. Recreation Update — No safety meeting minutes were included as the meeting will be held next week. Purchase of the Class Program Software is getting close. The Summer Camp committee has met and already planning for next year. A meeting is scheduled the first week in December to determine the school sites that will be available for camp use. The pilot after school program at Corkscrew Middle School is ready to go — but has no participants at this date. Work on the Accreditation Program continues. C. Grants - Amanda Townsend and Marla had gone to Tallahassee in regard to the Community Trust Grant application for Barefoot Beach Preserve Outparcel. The State awarded a grant of 1.9 million dollars for reimbursement of 40% of the purchase price of this property. A FCT representative will be visiting the site for a walk through and help establish a land management plan. This money will go back into ad valorum taxes. D. Special Events — Some of the staff spent the morning setting up for the Safety Fair that will take place on Saturday, 10:00 am to 3:00 pm. Free shuttle service will be provided from Sam's parking lot. In honor of Veterans Day a program featuring the sounds of Harry James and the Andrew Sisters will take place 2:30, November 86' at Sugden Regional Park. E. Parks Update — * North Regional Park — Corps permit was received this week; the SDP is now undergoing the second round of comments; the road is a little behind schedule; site is very wet right now and will take time to dry out. Exotic Removal — ongoing. There are about 50 species not allowed on the list supplied by the Exotic Pest Control Council. The material is being chipped on site and used as mulch. * Golden Gate Community Center — moving forward slowly. February is the deadline. * Willoughby — waiting for pavers, and one more comment on the SDP issue for the sidewalk. * Airport Park — Phase I is completed including the playground, mulch, new side -walk, and electrical work, which was all done with State grant money. * Bayview Beach Access — small 10' grass walkway, County owned. Re- design is required due to budget restraints. * Bayview Park — no dredging by Department, no disposal site. 2 Golden Gate Canal is maintained by SFWMD. There is a difference in jurisdiction between the City of Golden Gate canals and the canals in Golden Gate Estates. * Capri — pavers done, bocci court is not completed — artificial turf is being shipped from Australia. Waiting for the sod. * East Naples Community Park — the fill originally going to be used for the soccer field is now going to Sugden. * Manatee — SFMD permit has been submitted. It may be necessary to hire an engineering consultant to deal with some issues at this location. * Caxambas — will not be allowed to have any night activity due to noise complaints. * Bayview — contract awarded 10128 BCC meeting. Building permit will be issued by the City of Naples. * Sabal Elementary — field under construction * Tigertail improvements — will consist of a stainless steel building to replace the gate house, new electrical work, upgrading signage, etc. C. Adopt A Park — John MacDougall Eagle Lakes is a beautiful park and looked wonderful. The quality of the baseball field was excellent and I enjoyed the nature trail. (This park is quiet during the day, but very busy in the evening and on weekends.) A park bench at the entry way needs repair. Tigertail — the park is in good shape but there is a lot of blank space in the playground area that could be filled with more equipment. A boardwalk is needed to avoid the long walk to the Gulf. The swing seats need adjustment — they are about 4 feet from the ground. Veterans Dog Park — John Veit. The picnic tables are being replaced with a more durable plastic. Growing grass is difficult at this location and a shell walk is being installed. Next meeting will be at East Naples Community Park, November 19''. Discussion was held regarding the December 17`h meeting because Marla will not be present. Motion by Chuck: Meet on the 17th with Murdo in charge at Golden Gate Community Center. Seconded by Frank. Motion passed. Adjourned 3:30. 3 B13 Fwla HbO.hing - Ce�l r .alet' RECEIVED � Lvov � 0 2 a — / 1~Aw ?D 201 y oo o03 i D3 Board of Count marissioqer 1. Meeting called to order 2. Roll Call 3. Approval of Minutes - Meeting of October 16, 2003 4. Landscape Maintenance Report 5. Landscape Architect's Report - Mike McGee 6. Transportation Operations Report — Val Prince, Robert Petersen A. Current budget 7. Housekeeping Items 8. Committee Members' Reports 9. Old Business 10. New Business 11. Public Comments 12. Adjournment Amts . f-8 20W C� faeP �:, T,w tAl 16(1)1 614 Lely Golf Estates Beautification Advisory Committee Minutes - Meeting of October 16, 2003 MEETING called to order at 4:03 pm. 2. LOCATION: TOATM Conference Room. 3. ATTENDANCE: Present - Bill Erickson, Robert Cole, Tony Branco, Ron Torp and Bob Slebodnik, members; Val Prince, Traffic Operations & Alternative Transportation Modes ( TOATM); Doug Green, Account Manager, and Mike McNeil, Sales Manager, Green Heron Landscapes Inc.; Jacqueline Silano, recording secretary. Excused Absence: Mike McGee, McGee & Associates and Bob Petersen, TOATM. 4. MINUTES OF SEPTEMBER 11TH MEETING: 5A -Last sentence refers to gQynt y water not city water. Old Business, 10B, last sentence should read - The committee agreed that if the Lely Civic Association does not pay for the signs then a loan to cover the cost would be looked into. Bill Erickson moved to accept the minutes as amended; seconded by Tony Branco and carried unanimously. 5. LANDSCAPE MAINTENANCE CONTRACTOR'S REPORT A. Doug Green advised that there was a main line break on median #2; an irrigation inspection is being conducted today. B. Bob Slebodnik expressed his displeasure in how the transition from the former contractor to the new contactor had taken place. The Notice to Proceed Order was not issued until Oc*ober 15, 2003, due to Green Heron not having their proof of insurance papers in order at this time. B0*j Petersen suggested that a special invoice could be issued to Commercial Land to repair the damaged irrigation system caused by the severe storm on September 29. Lely received approximately 10 inches of rain in a 12 hour period on this day. Green Heron management refused to consider this option. During the 2 week'period following the heavy rain, it was extremely dry. The irrigation system was off, irrigation leaks were not repaired and, as a result, many plants that were in marginal condition died due to lack of water. Mr. Slebodnik asked Doug Green why they did not use their water truck to water the plants during this crisis. He did not have an answer. Mr. Slebodnik said he did not feel the MSTU should have to pay for the replacement of marginal plants that could have been revived with a little water and fertilizer. Mr. Slebodnik said a fair compromise would be for the 16(1)1 B14 MSTU to pay for the replacement of the marginal plants but not for the installation charge. Doug Green said he did not have the authority to make this decision but would take the proposal to his father. Poor communication and negligence on Green Heron's part was inexcusable during this crisis situation. C. Val Prince indicated that since there was no service provided by Green Heron from October 1, 2003, to October15, 2003, the MSTU should not be billed for this time period. Val noted that the irrigation system must be repaired immediately, and a lot of restoration work to the medians should begin soon. Val also suggested Green Heron take photographs of the damage prior to the commencement of restoration work. D. Bob Slebodnik commended Ron and Kathy Torp for picking up two loads of dead plant material and debris from the medians on Pebble Beach Blvd. They preformed this community service on a Sunday afternoon during the time we were without the services of Green Heron. E. Bob Cole advised that the lights on the sign and American Flag at the U.S. 41 entrance are still not working. 6. TOATM REPORT Val Prince distributed and reviewed copies of the budget. He also distributed a budget report format used by the Bayshore Avalon MSTU. They added an additional column, FY 02/03 - Leftover Funds 2003 -2004, which adds clarity to leftover funds. Our board members liked the new format and concurred that it should be adopted for this fiscal year. 7. HOUSEKEEPING ITEMS A. Mr. Slebodnik asked if Risk Management has recouped any of the claims filed by the MSTU the past few years. Val was not sure but said he would - check. Bob Slebodnik also expressed his concerns on recouping da .iages from Miller Pipeline Corp. and them subcontractor, Greiner Corp. They are relining the sewer pipes in Lely and, in the process, have driven their trucks and equipment into the medians and cul -de -sacs causing damage to the landscaping, curbs and irrigation system. Pam. Lulich assured Mr. Slebodnik that their contract would not be paid until the MSTU was reimbursed for the damage they caused. Mr. Slebodnik suggested $3,000 to $4,000 be withheld until the MSTU completes repairs and submits bills to the county. Money not used .would be sent hack to Miller Pipeline. (Pam Lulich has pictures taken by Mr. Slebodnik of the vehicles parked in the medians and the damage they caused.) B. Bob Slebodnik asked for more help from Jackie Silano with the respect to secretarial services. Due to the length of the meetings and the amount of busines that is conducted, he asked for the rough draft of the minutes be sent to him within 7 days following the meeting as per her contract. It is very difficult to recall all that transpired when minutes are reviewed 18 to 20 days 1 '1)1 Q14 after the meeting. Mr. Slebodnik also asked for 3 samples of headers that could be used for stationary when thank you letters, official correspondence, etc. are written. Mr. Slebodnik'also asked Jackie to call him if she had any questions. Jackie said she would try to meet these requests. 8. COMMITTEE MEMBERS' REPORTS A. Ron Torp advised that it would be better to wait until spring to install the plants for the front entry way. Bob Slebodnik requested a cost estimate and thought smaller plantings would help reduce the cost. Val Prince asked if when the poles were being moved if the committee would like to replace them with decorative ones. He noted that the County should cover the cost equal to the installation and cost of concrete poles. He will look into it further. B. Bob Slebodnik asked if anyone from the MSTU was called before the directional bore work was done at the US 41 entrance. Once again the area was dug up, pavement was sprayed with red marker paint, and the area was left in an unsightly manner. A policy needs to be developed to prevent this from happening. Questions of accountability and reimbursement for damages need to be addressed. C. Bill Erickson said he would hold off giving the report of the Budget Committee until he meets with Val Prince to review new budget data. Bill will have a budget report for the next meeting listing budget assumptions, the amount that can be used for capital improvemnts for the current year and the next 2 years. Once this data has been compiled, the MSTU will know how much money we would need from the county to complete all of our landscaping projects this year. D. Ron Torp suggested a few inches of good topsoil to various medians where the plantings are not doing well. E. Bob Slebodnik informed the members about a meeting that was chaired by Bob Petersen on Septemhkf r 23 regarding signage. George Ramsey, Pam Lulich and Michael Vignari were present at this meeti,1g. Mr. Vii nari issues all sign permits for the county. Mr. Vignari said he would not issue a sign permit with "Royal Palm Country Club" on the monuments since this was considered advertising. A small sign placed to the left of the monument could be used to identify that Royal Palm Country Club was located in our subdivision. Board members discussed the idea of a small sign and did not object to its placement near the left monument. He said he would allow the large Leiy logo to extend beyond the 4 foot by 8 foot box. Tony Branco reported that the faux painting to give the look of veined marble would cost approximately $4 to $5 per square foot for the front side of the monuments. The back side of the monuments would not need a faux finish. Mr. Slebodnik got an estimate of $160 to power wash the front and back of both monuments from Mitchell Pressure Cleaning Services. As there was no further business to discuss, Bob Cole moved to adjourn at 5:50 16(j)1 B14 p.m.; seconded by Tony Branco and carried unanimously. The next scheduled meeting will be on November 20"' at 4:00 p.m. in the TOATM conference room on Horseshoe Drive. riala Hales Henning Coyle Coletta ED f 'NOV 0 12003 board of "ounty CoMmissfoners AGENDA COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:30 AM, WEDNESDAY, NOVEMBER 19, 2003 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE ROOM "E ", LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA: 2. APPROVAL OF MINUTES: October 15,2003 3. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: 4. OLD BUSINESS: A. Historic Preservation Guide B. Roberts Ranch Update C. North Naples Country Club Update 5. NEW BUSINESS: A. Survey and Assessment Waiver 6. DISCUSSION OF ADDENDA 7. ADJOURN sc. Cques; Date: 2oi- ,• � e COLLIER COUNTY November 3, 2003 l0)1 81-5 Ms. Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board will hold a public hearing at 8:30 a.m. on Wednesdav, November 19, 2003. I have enclosed a copy of the agenda for your review and records. The meeting that will be held in Conference Room "E" at the Community Development Services Building in Naples, Florida. In addition, I have also attached the minutes from the October 15, 2003 meeting for your files. If you have any questions concerning these meetings, please do not hesitate to call me. My phone number is (239) 403 -2463 or you can e-mail me at: Raybellows @colliergov.net. Sincerely, Ray Bell s, Chief Planner Historic Preservation Coordinator Department of Zoning & Land Development Review Ili.run< I'r�++.+.,mint- K \f{.r• cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Patrick White Christopher Brown Linda Bedtelyon I /) 1 81.5 HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD Conference Room "E" 2800 N. Horseshoe Drive, Naples Florida 8:30 AM October 15, 2003 LET IT BE REMEMBERED, that the Historical/Archaeological Preservation Board, in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Conference Room "E" of the Development Services Building, Naples, Florida, with the following members present: Members: Joanne Quinn, Chairperson William Dempsey John Thompson Thomas W. Franchino (Arrived at 8:49 AM) Collier County Staff: Ray Bellows, Chief Planner Chris Brown, Planning Technician 1 -The meeting was called to order at 8:30 AM. I. ADDENDA TO THE AGENDA: ■ Mr. Bellows stated that he has a document prepared tracing some of the history of the City of Naples and that the document can be accessed in its entirety on a website, www.naplesgov.com. II. APPROVAL OF MINUTES: ■ The Board unanimously approved the minutes from September 17, 2003 with corrections as follows: Page 2, Line 5, "car and burial" should read "Carr and Beriault "; Page 3, Line 4 "Robert Ranch" should read "Roberts Ranch "; Page 3, Line 22, "Cross Key" should read "Horse Creek ". III. PLANNING SERVICES REPORT: • Mr. Bellows stated that he has nothing to add today. IV. OLD BUSNINESS (a) Historic Preservation Guide Mr. Brown presented an example of a map to be added to the Historic Preservation Guide. Sites should be numbered with a key. Ms. Quinn stated that the Collier County Historical Society changed its name to the Naples Historical Society. (b) Roberts Ranch Update Mr. Bellows stated that the plans have been resubmitted; building of the restrooms and parking lot should start in a few months. (c) North Naples Country Club Update Mr. Bellows stated that he had a meeting with Commissioner Hollis and told him that if the property owner still wanted to proceed without the Preservation Board's approval, the Preservation Board would prepare an executive summary to bring to the Board of County Commissioners explaining the 2 1 � application and the Preservation Board's findings. Then the Board of County Commissioners make the final decision. V. NEW BUSINESS: (a) Survey and Assessment Waiver Mr. Bellows stated that the area is an area of archaeological probability. Mr. Franchino stated that he was opposed to a waiver. Mr. Thompson made a motion to deny the waiver. Mr. Dempsey seconded the motion. All were in favor of the motion to deny the waiver; the motion passed unanimously. VI. DISCUSSION OF ADDENDA ■ The next meeting will be on the 3rd Wednesday of November; November 19, 2003. ■ The following addition to the agenda was requested: City of Marco It was discussed that the City of Marco now has its own governing boards fashioned after the City of Naples. Museum Budget Mr. Thompson stated that $300,000.00 in funding has been allocated to the museum. VII. Adjournment Mr. Franchino made a motion to adjourn. Mr. Dempsey seconded the motion. All were in favor of the motion; the motion passed unanimously. ■ There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:34 AM. Collier County Historical /Archaeological Preservation Board 3 • • 9 DEPARTMENT OF REVENUE Jim Zingale Executive Director Fiala Halas Henri Coyle Coletl Honorable Guy L. Carlton Collier County Tax Collector 3301 East Tamiami Trail, Bldg. C -1 Naples„ Florida 34112 -4996 Dear Mr. Carlton: 2EJ1 October 9, 2003 erai Tax Administration Child Support Enforcement Property Tax Administration Administrative Services Information Services On October 6, 2003, we received notification from the Legislative Council on Intergovernmental Relations (LCIR) of the Finalized Salaries of County Constitutional Officers for fiscal year 2003 -2004. The attached budget amendment reflects the changes necessary to adjust for the final salary, FICA and retirement benefits. If you have any questions concerning this amendment, please feel free to contact me at (850) 922 -7993. CAC /nrg Enclosures % cc: Board of County Commissioners ✓ Sincerely, Cathy Collins Budget Supervisor 1%17.,74+ VUk Bes: Date: C(lult'�3.. CrG�vsTo: Tallahassee, Florida 32399 -0100 M > n c x°35, o x m _ x xN Z 0 N N �3mm � rn N a.rn m 3 -a a_ 03, 3 d O m n r a v d O a m�m Y Ul Z 03 m V _N 71 H C7 O o � r p m 164it?%cl M a -n n O ca = 00 _ O to 3 a " = a :: , d = M O CD O °' O + 3 4 cOn m 3 N — r 3 oq 00 O N m C Z to m 3 m c M N 0 W � O p z r_ 0 Z O rn N G N rn m knn Ul F+ 3 F+ N F+ n � m o fp = a m rt CL N T s o ..c 1 r 3 m r N m O1 o C fp 'n O n a 0 z N a m m D = ul W CZ p c O _� � m 1 a n N � 3 w v O 3 r m r z /m � I -� O a z m m � A � C � A O - F+ C' + 3 4 cOn m 00 O N m C rn N "1 v D O Z �� ;01 z CNN < 1D !/finn v l ( - 1 v r O v a m m D = ul W CZ p c O _� � m 1 a n N � 3 w v O 3 r m r z /m � I -� O a z m m � A � C � A O - F+ C' 611 1 tj Florida Legislative Committee on Intergovernmental Relations Finalized Salaries of County Constitutional Officers for Fiscal Year 2003 -04 Pursuant to the Salary Formula in Chapter 145, Florida Statutes Clerk of Property Tax Supervisor County -- -� -- -__ Q..w." e`n. miaainnom c penotes a charter county. Notes: 1) Finalized salary figures are calculated by the Florida Legislative Committee on Intergovernmental Relations (LCIR) pursuant to the statutory formula found In Chapter 145, Florida Statutes. Since 1985, the LCIRsagreed to annually compute salaries of the county constitutional officers as a service to county governalthough the Committee has not been required by law to do so. County officials are encouraged to independently compute and verify the finalized salary figures published in this table. 2) Chapter 2002 -387, Laws of Florida, repealed certain provisions in Chapters 145 and 230, Florida Statutes, related to the salary calculations for district school board members and superintendents of schools. The legislation gave district school boards the authority to annually determine the salary of its members. Consequently, the LCIR no longer calculates salaries of school board members. In addition, the LCIR did not calculate fiscal year 2003 -04 salaries of superintendents of schools. 3) Assuming a county. has an elected county comptroller, the finalized salary would be identical to the county's clerk of circuit court 4) These finalized salary figures may not be applicable to those elected officers of a chartered consolidated government or those elected officers in counties having a home rule charter. 5) These finalized salary figures do not include the $2,000 special qualification salary available to eligible clerks of circuit court, property appraisers, sheriffs, supervisors of elections, and tax collectors who have completed the required certification program. 6) These finalized salary figures reflect the use of official 2002 countywide population estimates published in February 2003, by the Bureau of Economic and Business Research, University of Florida 7) In order for the finalized salaries to be calculated using the statutory formula, the Department of Management Services must annually certify two components, the annual factor and cumulative annual factor, used in the salary formula calculations. For fiscal year 20034M, the certified annual factor is 1.0200 and the certified cumulative annual factor is 2.8401. Finalized Salaries for Fiscal Year 2003 -04 October 6, 2003 16(1)1 Florida Legislative Committee on Intergovernmental Relations T I, ,,Ww Finalized Salaries of County Constitutional Officers for Fiscal Year 2003 -04 Pursuant to the Salary Formula in Chapter 145, Florida Statutes Clerk of Property Tax Sucerviser Finalized Salaries for Fiscal Year 2003 -04 October 6, 2003 1611 Al Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/24/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 18, 2003 through October 24, 2003. 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C- M 13 n n 0 in z m.. t7 Fi O Y w. y' (n w :3 r (D AD]..; r m H H m n x z z m 'V m 0 n ro O m n r a m ^l- m H r a 10 r r n m Y M r q a r (D z 'a 10 ei r m m 3 d m H Fo x m G r S w x ro m 3 w C n C Id 's1 11 w (o H m 'O 10 w.. r r.. m r C C z m r T m O 7 m O m L1 m m(D C (n m x' 1-1 r 3 n (n H r m m m H r a t7' r X ro o r o m r ] z 11 ` z r m J r r m C rt rW »'. to n z m UI n u+ � rtxx lD a r mm w p x G cD n r* i�iit:i> N r m rt m, ? o 'I m \ rn z n ro � ai o y w pN ro O O :00 o 0 0 -0 a 0 0 0 0 (D N N N m v m m m m m It I m w r r ny m m lr� �n w r r r r a:;< m m 0 0 0 0 ui n N.N N..N N -N p0 w O. O O O W W W W N a a a a a w x 0 r ll1 N 0 O O 0 r Y O O O n a Ur::;. rn m n p:> y 0 Z fi.:;: m n ro C Z Hil t{ 7C 3 >.: >_ o n Ox H n H m�SCZi C n ro o v, ro r Da w m i w : tp;:: 16(1)f, " 16p�1 A 2 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/31/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 25, 2003 through October 31, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. 1 b o 11y n z m m m m m m m m m m m m m m m m m m m m of m m m m m m m m \ m z u1. 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Y > z r`f] 0 t7'mEn iL ��noobE�idd�dddb�m 1 t� m t in 3 m m m m m m m m m tyM m t� r r HC O r nn r [mn 7 S: It t7 H m: . C C t%' m n 7 a R O Y 9? 9 Y Y Y> fl m n H H �o r r r r r r r r r r r O In z t�3+7 ,Hro y yy! �y7 y y�7! ,yro �y7 ;�r7 z L. 13 o rn m ro ro r 'v v 10 ro 10 ro IV 111 10 'o 10 H b > b >> b >>> y r q n LT u C ?+ ro m m In n1 14 ' l ^ j '-] 'I 's7 'I rmn r r ro ro r r r r r r r r r r r It r m m � n _ x r r m r w. ?Cb': n 'o , a rt � U. R? R LO (D (D 16(1)1 q31 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 11/07/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period November 1, 2003 through November 7, 2003. 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H :U rn > xO C H r Ck HH O .0 m.u' y m p.: Z .Hi 3 O (n Co U) z m K n H H H C m C H M d m z 3 3 m S� Y z 'z Z m m > i9 x ym. m >e m x SS ro b ro n> H� z z z n 15 9. °8 8a8ri � m m m r m ° m ci m r Y m(� m m. T ql 'I m n m p CH C C m� H H Q: n H 3 .0 � . r O m Y :a ro ro �7 ro r(nnn ttt,� z Z z z H y313 t74 Ll Ll t, ��C ro ny (n m m M N r m as m m 3 Um m d C (n tm" C tm" C t, L. � r ro r 0 w »: N i b 1 ; -f A3 16(1)1 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 11/14/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements A4 � Please find attached a listing of the disbursements for the Board of County Commissioners for the period November 8, 2003 through November 14, 2003. 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M M' H O 5c1 E M M t< H K K'. �C K H H H z cn n m m H z ro x x n S o x Y m x m m z z y o r� ro ro 3 r r y y r m e n r z z x cn -n co C7 Y' Y' O o tr" m u 0 G Ca> S r ro g ro ro r r m - n m m m. m ro 'I m o > r r r n x ro ro ro r r r m m z m m t7 t7 H o rn< m m..m b Ul U) M r O O xd. a av m m xj b co U) co v r H H *3 cn C 11 14 H H U) x x x ro m ro ro r -ro ro ro ro r b r r m r r r r m (_1 m m m m m m m w Z m U) co Cl) U) co .r) h1 Gf m n1 C K1 r v r r r r r r m z U) ry r w p::: 6(l � /ƒ 5 ul Ln 16(11 A 5 'if Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 11/21/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period November 15, 2003 through November 21, 2003. 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Cn Cal (n x m mm o co r r d a Y Ql to tT .: ro: �i EL' ; n x m n x ro w m 0� l n i, ro H x n n l N (D H o 0 0 m ro o y r ro 0 0 H h] m �. 1 rt w z w 0 m a C7 PV 0 M z P" rD w R & 1� w (D (D n o 0 w H W .o H ul N n rn 16(l N A X o O O tit A �� j C) m 16(11 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 11/28/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Ike: Board of County Commissioners Disbursements ursements for the od Please find attached a listing of the d2003 through November B8, 2003 of County Commissioners for the period November , In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. 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N 0 0 0 O O. w w w w w r m m m to to m �::::: to r� x 0 Ih z w m G C', .a m oo m Vt lJt O Vl.' �O lll... �n N O lf1 W O nEnnn ::ro:: moor m r r Im z r r z o n7 m w :; o K tC Ot �.. a ro o ro ?ca: >s rr88�, cnHr� m C th en ro q »: rnr�nr H O 00 o x � z ro r r rm en m �r m ro r r r - iP is C) z ro b n m n r 0 0 R F- to co n H 3 vn C 6(1 Fiala J Halas 1 i Henning Coyle — Coletta COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF SEPTEMBER 259 2003 MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA RECEIVED Present: Absent: NOV 0 5 2003 Carlos Aviles, HAAB Member �oard of CotantY Commiss loners Susan Calkins, HAAB Member David Correa, HAAB Member Ernesto Labrador, HAAB Member Teresa Nelson, HAAB Member Sofia Pagan, HAAB Member Robert Pina, HAAB Member Lourdes Ramann, HAAB Member Also Present: Elsa Maria Hernandez The meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) commenced at approximately 6:00 p.m. At the outset, it was determined that a quorum was present. Ms. Nelson moved to adopt and approve the minutes from the June 26, 2003 Joint Meeting with the Collier County Black Affairs Advisory Board (BAAB). Her motion was seconded by Lourdes Ramann and passed 7 -0 with Mr. Labrador abstaining because he was not a HAAB Member at the June 26, 2003 meeting. David Correa moved to adopt and approve the minutes from the Joint Meeting with BAAB held on August 28, 2003. Mr. Correa's motion was seconded by Sofia Pagan and passed 8 -0. The next item discussed was the question of excused absences from the August 28, 2003 meeting. Mr. Correa moved that all absences from that meeting should be treated as excused. Susan Calkins seconded Mr. Correa's motion and it passed 8 -0. Mr. Ernesto Labrador was introduced as the newest member of HAAB. Ms. Ramann requested that Mr. Labrador describe his background and personal history, which he did. In particular, he noted that he had been a homicide detective in New York City for approximately fifteen (15) years and then had begun a new career in culinary arts. Currently, he is working as an instructor in culinary arts for the Collier County School District. He also noted that he had been actively involved in Hispanic affairs during his time with the New York City Police Department. Moving to new business, Mr. Aviles proposed to nominate as HAAB Ot& 4 9 f1he Year Judge Ramiro Manalich. Thereafter followed discussion among all HAAB members out recognition iae: 211 lo7s 1 of Judge Manalich in particular and the method of recognition as well as the fact that one of the goals of HAAB had been to establish this kind of award and recognition. There was also discussion about whether the timing of the award could coincide this year or in succeeding years with Hispanic Heritage Month. There were also questions about whether a plaque or a dinner could be used to honor Judge Manalich. There was discussion as to whether this would become an annual event. It was noted that the award would be going to somebody different every year and it could even be given to a group. Mr. Correa recommended that a plaque be purchased and Chief Assistant County Attorney Michael Pettit also indicated that it might be possible for there to be a proclamation process naming Judge Manalich as HAAB Citizen of the Year. There was discussion as to whether any plaque purchased would be paid for by individual HAAB members or through a budget process with the County. Ms. Calkins suggested that there could be both a proclamation and a plaque. There was further discussions about potential ethics and budget issues and the method by which a proclamation could be achieved. Chief Assistant County Attorney Michael Pettit, acting as liaison to HAAB, agreed to report back to HAAB on the various options. Teresa Nelson next reported on her work with the Collier County Revenue Commission. She stated that there was a need to consider how much money local government was putting into services. Mr. Correa asked why Ms. Nelson was involved on the Revenue Commission. Ms. Nelson reported that the Revenue Commission was put together to find out what the public wants and that she is using the opportunity to learn about financing of local government activities. Minutes from the August 13, 2003 Revenue Commission Meeting were distributed by Ms. Nelson. She noted that Collier County now has the highest impact fees in the state. Mr. Labrador asked again why it was necessary to be involved with the Revenue Commission. Ms. Nelson stated that the Board of County Commissioners (BCC) had requested involvement. Ms. Nelson reported that it would be two (2) months before filing a report to the BCC was made from the Revenue Commission. Ms. Nelson stated it was sometimes difficult for her to get to Revenue Commission meetings because the meetings were in the morning and it was necessary for her to get off work. Ms. Ramann raised the question about HAAB asking to have impact fees reduced to allow Hispanic access to housing. There was discussion from Mr. Labrador about lowering impact fees or providing mortgage aid to lower- income members of the community that might also benefit the Hispanic community. Ms. Nelson also stated that other issues were discussed at the Revenue Commission Meeting such as building boat ramps. Upcoming meetings in Immokalee on October 9, 2003 and in Golden Gate on October 22, 2003 at which Mario Valle from the Florida Commission on Human Relations (FCHR) would be in attendance were next discussed. Mr. Aviles was committed to attend the meeting in Immokalee as was Ms. Nelson. The meeting at the Golden Gate Community Center on October 22, 2003 was to be attended by Sofia Pagan and Lourdes Ramann. There was discussion about potential Sunshine Law concerns and the fact that there could be no discussion between HAAB members at these meetings about business that could foreseeably come before HAAB. Mr. Labrador next offered a report to HAAB. It was his position that it was necessary to establish a coordinator or liaison with the Collier County Sheriff's Office (CCSO). He said he felt that there was discrimination in the County by police agencies. He wanted oversight of public officials especially in light of the growing Hispanic population. He expressed concern 2 16(1i� BIB that an oversight group at the state level would not be as efficient and hoped that there would be authorization of a member to act as a liaison. Mr. Correa wanted to table this issue. Mr. Aviles also talked about wanting a liaison between the BCC and the CCSO. There was then discussion that Ms. Calkins and Ms. Pagan were already functioning in those capacities. Mr. Labrador stated that if there was an established liaison there was no need to address his request. There was discussion between Mr. Aviles and Mr. Correa about whether someone from the CCSO should sit on the HAAB Board. Mr. Aviles felt that it was appropriate. Mr. Labrador agreed with Mr. Correa that it was not appropriate. Mr. Aviles reported that the Sheriff has created a Minority Advisory Board and that the Sheriff is moving in a positive direction. Mr. Correa again stated that it was his position that HAAB should have representatives on the boards of other agencies and not vice - versa. Mr. Labrador stated that it was his concern that HAAB have oversight and contact with agencies especially police and law enforcement agencies. He asked about complaints. Mr. Aviles stated that he had not seen complaints in the last year. There was further discussion about issues that had come up with Mr. Valdes and the need to have a liaison to other �tf , agencies and especially the CCSO. Mr. Labrador reiterated that it was important that HAAB ' have someone assigned to these other agencies. There was also discussion about Ms. lafl ,, arrd,Ms. Pagan already being liaisons to education and Mr. Pina to vocational training while Ms. Nelson's area was to be employment. Mr. Aviles moved to recommend that Mr. Labrador sit on the CCSO Minority Advisory Board and his motion was seconded by Ms. Calkins. There was additional discussion of the roles of various HAAB members with other boards and agencies. A vote was taken to approve Mr. Labrador as liaison to the CCSO Minority Advisory Board meetings and passed and Ms. Pagan was also voted to serve as a liaison. There was also a motion to invite Fred Tuttle and Denise Dussick from the Lorenzo Walker Institute of Technology to the next meeting and this motion passed 8 -0 with Ms. Ramann seconding it. Mr. Pina emphasized that he also wanted somebody from BAAB present. Mr. Aviles suggested that he could invite BAAB. Mr. Correa talked about inviting the public in general. Mr. Pina then moved to invite a representative from BAAB to the presentation by vocational representatives and Mr. Correa seconded this motion. The motion passed 8 -0. Under Old Business, Ms. Nelson reported on what she had learned about establishing a HAAB website. There was discussion about the reasons for developing a website. Ms. Nelson thought it would be a good idea and Ms. Calkins felt it would be like other advisory boards. Mr. Correa talked about expense and the fact that some advisory boards have money in the budget. Discussion about the need for County employees to create and maintain the website. Chief Assistant County Attorney Michael Pettit was asked to give assistance on finding out more about how to set up such a website and budgeting issues that may be involved. Members next discussed goals and objectives for 2003 and 2004. It was noted that the first goal was to increase civic involvement by the Hispanic population with workshops and there was discussion that the joint meetings with BAAB met this goal. Mr. Nelson and Mr. Correa had been given the task of working to increase the Hispanic voter registration. There was discussion from Mr. Labrador about having a meeting in Immokalee. It was determined that it would be the third Thursday in November. The next goal for the 2003 -2004 time frame was to identify educational programs and the members discussed that the invitation to Mr. Tuttle at the next meeting was one way of accomplishing this goal. The goal of increasing visibility and awarding recognition to citizens contributing to the efforts and mission of HAAB was discussed and the 3 members agreed that an award to Judge Manalich would accomplish this goal. HAAB had also developed a goal to cooperate with existing programs and services to be delivered to the Hispanic population and there was discussion of how this goal had been met by increasing BCC awareness of gang issues through meetings with Commissioner Fiala. There was discussion about the goal of promoting civil rights and how this goal was being accomplished by setting up a liaison to the CCSO Minority Advisory Board as discussed. There was also discussion about the use of the website to meet the goal of improving community access to information. Mr. Aviles noted that we have no liaison with the City of Naples and that there is a lack in that respect. The next issue discussed was on whether to send any further correspondence to the FBI now that it was determined that it had completed its investigation. Mr. Aviles offered a summary of the issues involved with Mr. Valdes. Mr. Labrador wondered why HAAB was involved and Mr. Aviles explained the history. There was a request to get a response on the investigation by the FBI and to the CCSO's practices relating to the arrest of Mr. Valdes. Mr. Correa further explained that history and the role Mr. Valdes had in helping to establish the HAAB. There was discussion about how HAAB had been seeking to assist in having Mr. Valdes transferred to a better facility. There was discussion as to how HAAB had acted as liaison between the FBI and Mrs. Valdes as a courtesy and discussion again about how Mr. Valdes had founded HAAB. During the public comments section of the meeting, Ms. Nelson announced that the East Naples Baptist Church English classes would be held at 6:00 p.m. on Wednesdays. Mr. Pina wanted to be sure that new members had copies of the goals and objectives of HAAB. Mr. Correa then moved to adjourn the meeting and Ms. Calkins seconded. The motion to adjourn passed 8 -0 and the meeting was adjourned at 8:08 p.m. Copies of Mr. Labrador's report regarding discrimination against Hispanics, Ms. Nelson's report of the Revenue Commission Meeting minutes from August 13, 2003 and Ms. Nelson's report regarding her inquiries concerning the establishment of a website are attached to these minutes. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison A prov d by the Hispanic Affairs �G-�o 6Pr ,2003. Advisory Board on this z> a day of 4 Carlos Aviles, HAAB Chairman 16.( f A �,wq I : �, Collier County Government Contractor Network Access Agreement I agree that I will not use my network access to the Collier County network in any manner inconsistent with the work I am contracted to do. This includes only accessing information systems or data files required in the performance of my work. I further affirm that I have read and agree to abide by the Collier County Board of County Commissioners Network Usage Policy. I also agree to notify the Information Technology Department as soon as network access is no longer needed, so that my access can be removed. I understand that violation of any of these policies could lead to loss of access, termination of vendor or contractor status, or prosecution under the applicable statute. Printed Name Signature Date f iaia y Halas Henning Coyle Coletta Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 .R� I'1 RECEIVE NOV o 6 2011;,, Board of County ' �► ss100ers Summary of Minutes for October 21, 2003 III. Approval of Minutes: Dale moved to approve the minutes of Sept. 16, 2003. Seconded by Crystal Kinzel. Carried unanimously 4 -0. IV. Transportation Services Report: A. Budget Report Crystal mentioned she was approached about how the Committee would feel about not using CLM and uses the County for their maintenance instead with CLM doing Devonshire only. Bob Petersen stated the idea was to switch the County to maintain Radio Road and put Davis Blvd. out for bid. Bob stated Radio Road is one mile longer. He would hope they would approach the Committee before any decisions were made. The Committee is not in favor or the County doing the maintenance and still prefers CLM. Susan Saum moved that the issue of switching the maintenance from Davis to Radio Road was discussed with the Committee, and should it be a County Staff direction to switch it would be brought back to the Committee before any action is taken. Second by Dale Lewis. Carried unanimously ". Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 November 18, 2003 AGENDA L CALL MEETING TO ORDER: II. ATTENDANCE: III. APPROVAL OF MINUTES: October 21, 2003 IV. APPROVAL OF AGENDA: V. TRANSPORTATION SERVICES REPORT: A. Budget Report VL LANDSCAPE MAINTENANCE REPORT: A. Monthly Report B. Devonshire Irrigation VII. COMMITTEE MEMBERS REPORT: VIII. OLD BUSINESS: A. Water Tower Landscaping B. Left Turn lane for Devonshire IX. NEW BUSINESS: A. Crystals resignation/advertise for new member X. PUBLIC COMMENTS: XL ADJOURNMENT: The next meeting will be held at 4.30 PM, Tuesday, December 16th, 2003 Collier County Dept. of Transportation Road Maintenance Office 2705 Horseshoe Drive South Naples, FL 34104 i*. A:.. }. Radio Road Beautification M.S.T.U. Advisory Committee 2705 S. Horseshoe Drive Naples FL 34104 October 21, 2003 I. Crystal Kinzel called the meeting to order at 4:30 PM. JUL ATTENDANCE: Members: Crystal Kinzel, Susan Saum, Dale Lewis, Helen Carella & Bill Jaeger County: Bob Petersen & Val Prince — Landscape Operations Others: Brent Bixby — CLM, Sue Chapin- Manpower Services III. APPROVAL OF MINUTES: September 16, 2003 Dale moved to approve the minutes of September 16, 2003. Second by Crystal Kinzel. Carried unanimously 4 -0. Susan arrived at 4:35 PM. IV. APPROVAL OF AGENDA: none V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Val Prince handed out the Budget. (Attached) He covered reserves, revenues and line item expenditures. Under "Operating" he noted they still need a Purchase Order for Radio Road Services and Commercial Land Maintenance and funds are obligated for Devonshire. Crystal mentioned she was approached about how the Committee would feel about not using CLM and use the County for their maintenance instead, with CLM doing Devonshire only. Bob Petersen stated the idea was to switch the County to maintain Radio Road and put Davis Blvd. out for bid. Bob stated Radio Road is one mile longer. He would hope they would approach the Committee before any decisions were made. The Committee was not in favor of the County taking over the maintenance and preferred Commercial Land Maintenance. Susan Saum moved that the issue of switching the maintenance from Davis to Radio Road was discussed with the Committee, and should it be a County Staff direction to switch, it would be brought back to the Committee before any action is taken. Seconded by Dale Lewis. Carried unanimously 5 -0. 1 E(►)1 �2 The Carry Forward is an issue that needs to be resolved. Bob Petersen mentioned they may be able to lower their millage rate next year due to the fact they are only paying for the maintenance on Devonshire. The Committee will still oversee and comment on the landscaping for Radio Road. VI. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report — Brent Bixby - Normal maintenance has been done. B. Devonshire Irrigation - The County will have the walk through on the irrigation and in total operation tomorrow. VII. COMMITTEE MEMBERS REPORT: None VIII. OLD BUSINESS: A. Progress Report on Devonshire — letter to Mr. Grimm from Regency Centers was distributed. (Attached) The letter stated they have spent $21,575 to remove exotics, and will spend $25,000 in 2004 and $25,000 in 2005 for additional landscaping along Devonshire. The Community has expressed satisfaction through their newsletter concerning the future Landscaping. An e -mail from Greg Strakaluse was handed out concerning a left -turn lane into Publix driveway on Devonshire, north of Radio Road. (Attached) He is waiting for input from Norm Feder and Diane Flagg. Crystal will relay the information to the Homeowners Assn. B. Water Tower Landscaping - a hedge and pine straw mulch was planted and put down. Bob Petersen stated he thought Code required a minimum 24 inch hedge, a double hedge row and a tree every 25 feet. The Water Dept. has stated they had a plan from Code Enforcement. The Committee is very disappointed in what has been planted and feel the Water Dept. has not met Code. The Committee expresses their frustration over the lack of communication and coordination with staff, and the MSTU takes the flack for the lack of proper landscaping. Val mentioned there are pines dieing by the Water Tower and something else should be used. Crystal will e -mail Michelle Arnold /Code Enforcement before the next meeting. C. Update on extension of Livingston Rd median beautification — the money is budgeted to landscape from Radio Road to Pine Ridge Road. There is no update on the DOT Collision Diagram handed out. (Attached) F 16(1)1 B2# IX. NEW BUSINESS: An e-mail on a Sunshine Law Seminar was handed to all members. Crystal Kinzel informed the Committee she is moving and will be resigning her position on the Committee at the next meeting. She will send her letter to Sue Filson immediately so it can be advertised. X. PUBLIC COMMENTS: None XI. Being no other business to come before the committee, it adjourned at 5:12 PM. The next meeting will be held at 4.30 PM, Tuesday, November 18th, 2003 Collier County Dept. of Transportation Road Maintenance Office 2705 Horseshoe Drive South Naples, FL 34104 3 mr' 16(1 Radio Road Beautification M.S.T.U. . * Advisory Committee 2705 S. Horseshoe Drive Naples FL 34104 October 21, 2003 L Crystal Kinzel called the meeting to order at 4:30 PM. II. ATTENDANCE: Members: Crystal Kinzel, Susan Saum, Dale Lewis, Helen Carella & Bill Jaeger County: Bob Petersen & Val Prince — Landscape Operations Others: Brent Bixby — CLM, Sue Chapin- Manpower Services III. APPROVAL OF MINUTES: September 16, 2003 Dale moved to approve the minutes of September 16, 2003. Second by Crystal Kinzel. Carried unanimously 4 -0. Susan arrived at 4:35 PM. IV. APPROVAL OF AGENDA: none V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Val Prince handed out the Budget. (Attached) He covered reserves, revenues and line item expenditures. Under "Operating" he noted they still need a Purchase Order for Radio Road Services and Commercial Land Maintenance and funds are obligated for Devonshire. Crystal mentioned she was approached about how the Committee would feel about not using CLM and use the County for their maintenance instead, with CLM doing Devonshire only. Bob Petersen stated the idea was to switch the County to maintain Radio Road and put Davis Blvd. out for bid. Bob stated Radio Road is one mile longer. He would hope they would approach the Committee before any decisions were made. The Committee was not in favor of the County taking over the maintenance and preferred Commercial Land Maintenance. Susan Saum moved that the issue of switching the maintenance from Davis to Radio Road was discussed with the Committee, and should it be a County Staff direction to switch, it would be brought back to the Committee before any action is taken. Seconded by Dale Lewis. Carried unanimously 5 -0. 4 I f 1 ^ 82 s The Carry Forward is an issue that needs to be resolved. Bob Petersen mentioned they may be able to lower their millage rate next year due to the fact they are only paying for the maintenance on Devonshire. The Committee will still oversee and comment on the landscaping for Radio Road. VI. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report — Brent Bixby - Normal maintenance has been done. B. Devonshire Irrigation - The County will have the walk through on the irrigation and in total operation tomorrow. VII. COMMITTEE MEMBERS REPORT: None VIII. OLD BUSINESS: A. Progress Report on Devonshire — letter to Mr. Grimm from Regency Centers was distributed. (Attached) The letter stated they have spent $21,575 to remove exotics, and will spend $25,000 in 2004 and $25,000 in 2005 for additional landscaping along Devonshire. The Community has expressed satisfaction through their newsletter concerning the future Landscaping. An e -mail from Greg Strakaluse was handed out concerning a left -turn lane into Publix driveway on Devonshire, north of Radio Road. (Attached) He is waiting for input from Norm Feder and Diane Flagg. Crystal will relay the information to the Homeowners Assn. B. Water Tower Landscaping - a hedge and pine straw mulch was planted and put down. Bob Petersen stated he thought Code required a minimum 24 inch hedge, a double hedge row and a tree every 25 feet. The Water Dept. has stated they had a plan from Code Enforcement. The Committee is very disappointed in what has been planted and feel the Water Dept. has not met Code. The Committee expresses their frustration over the lack of communication and coordination with staff, and the MSTU takes the flack for the lack of proper landscaping. Val mentioned there are pines dieing by the Water Tower and something else should be used. Crystal will e -mail Michelle Arnold /Code Enforcement before the next meeting. C. Update on extension of Livingston Rd median beautification — the money is budgeted to landscape from Radio Road to Pine Ridge Road. There is no update on the DOT Collision Diagram handed out. (Attached) 2 L" X. XI. 6(I)1 R2# NEW BUSINESS: An e -mail on a Sunshine Law Seminar was handed to all members. Crystal Kinzel informed the Committee she is moving and will be resigning her position on the Committee at the next meeting. She will send her letter to Sue Filson immediately so it can be advertised. PUBLIC COMMENTS: None Being no other business to come before the committee, it adjourned at 5:12 PM. The next meeting will be held at 4.30 PM, Tuesday, November 18th, 2003 Collier County Dept. of Transportation Road Maintenance Office 2705 Horseshoe Drive South Naples, FL 34104 3 02 prince _v From: StrakaluseGreg Sent: Wednesday, October 15, 2003 4:59 PM To: ordonezJ; flagg_d; tipton_b Cc: Bathon_d; HaIlDaniel; prince _v Subject: RE: Devonshire Blvd. median opening The priority of projects are identified on the "Top 10- List" for our In -House Design Group. This particular project is listed as number 9. The design details need to be worked out and we need input from those who attended the community meeting back in Aug/Sept. When we get through the top five, then we'll dig into the details. Gregg - - - -- Original Message---- - From: ordonez_j Sent: Wednesday, October 15, 2003 8:46 AM To: flagg_d; tipton_b Cc: Bathon_d; HaIlDaniel; StrakaluseGreg; prince_v Subject: RE: Devonshire Blvd. median opening I am not sure if we have even setup anything for this project yet. We have not gotten clear directions about it. Sorry. Thanks. Julio - - - -- Original Message---- - From: flagg_d Sent: Tuesday, October 14, 2003 6:24 PM To: ordonez_j; tiptor_b Cc: Bathon_d; HaIlDaniel; StrakaluseGreg; prince_v Subject: RE: Devonshire Blvd. median opening Julio, Are you the project manager on this one? The Radio Road MSTU is seeking the status of this turn lane. Thanks. - - - -- Original Message - - - -- From: ordonezj Sent: Friday, August 01, 2003 4:39 PM To: tipton_b Cc: Bathon_d; HaIlDaniel; flagg_d Subject: RE: Devonshire Blvd. median opening Any time Monday 8/4 in the morning is OK fo rme. Thanks. Julio - - - -- Original Message---- - From: tipton_b Sent: Friday, August 01, 2003 4:33 PM To: ordonez_j Cc: Bathon_d; HaIlDaniel; flagg_d Subject: Devonshire Blvd. median opening At the meeting with the Berkshire HOA Tuesday evening there was discussion and general acceptance of the idea of creating a left -turn into the Publix driveway on Devonshire just north of Radio Road. After the meeting Norman asked that I get with you and that we work up a conceptual design to provide to Commissioner Henning and the HOA Directors. Please let me know when a good time to get together would be. i 6(qi 10114/2003 15:55 PAGE 4 2394032343 CODE ENFORCEMQAT " P E 02 SCENE A.ROLTNO BER.KSHTItE DEvoNsH= MATE c arc very encouraged with the response fmm Regency Centers. the comp�nY t113t manage Berkshire Commons, in their rrslwn- sible actions in responding to • situation aver which they had little control --tile reteovel of exotic }tlantiFW along lfc.onshite Boulevard. We thank them for being good ncigbbors and publish their letter of camtttitment below IF ie�rra i. August b. 2003 Mr. Grant Grimm President Berkshire LAkes Master Association 495 Seiville Boulevard Maples. Florida 34104 RE- Berkshire Commons Shopping Ccr:ter Naples. Florida Dear Mr. Grimm' As a follow up to your recent eonvetsations with our General Manager. Janis Cortez. L wanted to give you additional irsfonmatiatt on our platts.to reptate the tree and hedge line,behind Berksh}re,.C.omto_orm over the heat two ye ar Pa o-d. T As ■ recap of our 2003 work, Regency paid S21.575 to remove 145 acacia [rtes and miscellaneous pepper plants as required by Code. replace portions Of the missing hedge line and insta113 additional mahogany irccs in order to be in compliance with existing Code on the property. to early 20e4, we plan to fall iin the area between the Devonshire entrance to the and of the Publix loading dock. we will spend $25.000 to install the following tree/hedge material- 125 14' - 20' sable at queen palms 30_33 14' rttattogany ancV*r oaks (depending on fill in required) too 4' vibereurn hedge (fill in and increase coverage around the backflow and transfomnar am& behind Publixl In 2005. %vc will spend $25.000 to install approiimately the same arnouut of material to complete the rcmalning areas up to the end of Walgreens. As you can see. this is a: substantial commitment From Regency Centers to work with the neighborhood and the association to enhance the appearance of Devonshire Boulevard and to block visibility of the rear of the center. We approelste the patience of our neighbors as we work to alleviow a situation that we did not instigm or want. Thank you for your consideration and as always. should you nave any qunstione or read additional information. please 40 not hesitate to contact ma. ly. CENTERS CORPORATION 'Tarn T. Ashe Senior Property Manager Cc; Shari Brose - Publix Super Markets. Inc. jetnis Cortez — Regency Centers Curpomtion Owner Correspondence File FLORIDA DEPARTMENT OF TRANSPORTATION COLLIER COUNTY DEPARTMENT OF TRANSPORTATION STUDY NAPLES, FLORIDA DATE: 5/8/03 COLLISION DIAGRAM LOCATION: Radio Road (CR 856) @ Berkshire Commons /Countryside Plazas PERIOD: 1/1/02 - 12/31/02 PREPARED BY: Nancy Frye, Engineering Technician Street: Berkshire Commons � 12/13/02 1724 DCL 1/14/02 1245 WRL NORTH Street: 2/6102 1522 DCL —� U 5/15/02 155�DCLI —� o P- C) 3/27/02 173 w 1125/02 1603 DCL o o ,c v tea'' 7/1/02 1342 DCL —� N �' 3/4102 1421 DCL 3/22/02 1038 DCL /28102 1355 DCL 2/19102 821 DCL O� 5/14/02 1324 DCL Othertypes 1/2102 1352 WRL or Dusk 14 Street: Countryside Plaza �-- Rear End O Injury Time of Day: Military Unknow Information - UNK ♦— Right Angle 13 Fatality Weather Conditions Pavement Conditions C - Clear D - Dry R- Rain W - Wet Left Turn F- Fog S - Slippery Light Conditions —♦ Right Turn Accident I - Daylight, DK - Dark, LD - Dawn or Dusk Property Injury Fatality Total Summary Damage Only Daylight 131 1 or Dusk 14 *1 01 N U � 1,C e-r � C O O! y � o 0 o O '; rr 0 m m 0 a m U 2 w U O Z aL`a m O W co D� w Z CL x W W F .� W w y p G Z M U m LL g Z 0: WO ui j O 2 Z 0 �Om M � O � V% }p0 }OZ LL W LL J U F N O � D Q m S C. 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Q Q O Q z z~ ir Lo �-F-W WF- Ow Lu LU 0 LLJ Ix xcnZw D� j Fiala Halas Henning Coyle Coletta 6 NOV 0 G 2003 Board of "ounty Commissioners IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Agenda November 19, 2003 1, CALL MEETING TO ORDER it. ATTENDANCE III, APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: September 17, 2003. V. TRANSPORTATION SERVICES REPORT: A. Budget —Val Prince 1. Reimbursement of Banners to CLM (Chamber) Vt. TRANSPORTATION MAINTENANCE REPORT: CLM V11. LANDSCAPE ARCHITECTS REPORT: Mike McGee A. Proposal for Street Lights B. Phase HB & 111 Vlll. OLD BUSINESS: A. Banners B. Extending MSTU Boundary — Bob Petersen C. New Member D. Code Enforcement Issues E. Drafted Letter for Property Easements F. Trash Cans for Habitat for Humanity G. Change date & /or time of Meetings IX. NEW BUSINESS X. PUBLIC COMMENT Xl. ADJOURNMENT The next meeting is scheduled for 4:00 PM, Wednesday, December ice, t2003y: At the Immokolee Community Park 321 First Street .youth, - 2: Immokolee, FL 4 4 v. 1� �r C, jm I R it - NOTES OCTOBER 22, 2)03 I. Meeting was called to order by Rita Avalos at 4:07 PM. II. ATTENDANCE: Members: Rita Avalos, Cherryle Thomas, Sharon Tims- Excused, Dorcus Howard- Excused. Collier County: Rick Torres -Code Enforcement, Bob Petersen - Landscape Operations, Val Prince - Landscape Operations, Others: Brent Bixby - Commercial Land Maintenance, Mike McGee - McGee & Assoc., Sue Chapin - Manpower Services A quorum was not established. III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: Sept. 17, 2003 V. TRANSPORTATION SERVICES REPORT: A. Budget - Val Prince - Was handed out (Attached). 1. Fiscal Year 03/04 Budget - Covered the line items and reported approx. $1M in Budget. There is no debt service. 2. Reimbursement of Banners to CLM (Chamber) - The banners were bought and put up by Commercial Land Maintenance. The bill was submitted in March 2001 to the Chamber for $424.80 and never paid. It was suggested the Committee ask the Chamber for payment of the outstanding invoice for Commercial Land Maintenance. Cherryle Thomas felt it may have been a misunderstanding, but she will contact them and report at the next meeting. 1 #83 161 3. Joanne Hartman was introduced as the Operations Coordinator. She will take care of the accounting and various other duties for the MSTU's and MST[ys. VI. TRANSPORTATION MAINTENANCE REPORT: CLM -Brent Bixby - Replaced 2 Fox Tail Palms /Casino Road - Banners were taken care of -poles will be numbered - Pressure Wash Sidewalks & Planter Boxes - Remove Sable Palm - Trimmed Oat Trees - Irrigation - valve leaking - will fix. - Purple Queen will be trimmed. - Will remove dieing plants. - Spray Crepe Myrtle - Fertilize - Banners were discussed to have installed by Christmas - Plant material was discussed for planters Bob Petersen mentioned the meeting that was held with the State Landscaping Architect concerning the Triangle Intersection. There had been some complaints about the Intersection because of landscaping that had been installed. It had been decided it was not the landscaping that was the problem, but the Intersection itself. They are trying to convince the engineers that a signal light is needed. A quote will be gotten for the broken pavers to be replaced. VII. LANDSCAPE ARCHITECTS REPORT: Mike McGee A. Proposal for Street Lights - proposal was distributed (Attached). Mike discussed the Type C1 and 81 Median. Lights would go to Lake Trafford Road. - Covered the proposed costs; planning, design etc. - Bob talked about doing the work and trying to get State Funding /Grants. - Can look at Feasibility Study - lighting, planting and preliminary costs. - Fee rates are set by the County. B. Phase IIB & III - will discuss at the November meeting. VIII. OLD BUSINESS: A. Immokalee Triangle Update - discussed earlier B. Banners - discussed earlier C. Extending MSTU Boundary - Bob Petersen E- mailed and is waiting for the Attorney's office to get back with 2 1611 # "93 r an answer. Will check for the next meeting. D. New Member - Sharon had indicated some interest but no one ilas heard from anyone and Bob Petersen has not received an application. Anyone wishing to apply needs to contact Sue Filson, Administrative Asst, to the BCC for an application. E. Code Enforcement Issues - Rick Torres - Soda Machine - E. Delaware - south of Church - Paved without a landscape buffer which is a code requirement. F. Drafted Letter for Property Easements - Val Letter was handed out for the Committee members to review and approve. (Attached) If changes are to be made, bring them to the next meeting and they can proceed at that time. IX- NEW BUSINESS: - Cherryle mentioned Habitat for Humanity wanted trash cans outside their area. Bob A Val will check with Road and Bridge and get costs. (Lake Trafford di Carson - Northeast side) - An e-mail on the Sunshine Law Seminar was given to each member. Rita asked about changing the time of the meetings as she can not attend at 4 or 4:30. Perhaps another day could be chosen and will discuss it with the full committee at the November meeting. XI- PUBLIC COMMENT - none. The meeting ended at 5:05 PM. The next meeting will be held on Wednesday, November 19, 2003 At 4:00 PM At the Immokalee Community Park 321 First Street South Immokalee, FL 3 1611'��+� To Whom It May Concern: Subject: Immokalee Beautification District Advisory Committee Request for Community and Property Owners Comments For Establishing Beautification District/Collier County Landscape and Maintenance Easements on Adjacent Properties along CR 846 (S. I" St.) and SR 29 (Main Street) To Whom It May Concern: The Immokalee Beautification MSTU Advisory Committee at their regular meeting at 0:00 P.M. on , 2003, is requesting public comments and opinions from the Community and Property Owners with property adjacent to CR 846 (from Eustis to Main St.), and adjacent to SR 29 (from 13th St. to 9P St.). This meeting will be held in the Immokalee Community Park Recreation Center located on North First Street. Over the past ten years or more the Beautification MSTU has invested hundreds of thousands of dollars in the streetscape improvements and maintenance within the right - of -way areas of South I'` Street (CR 846) and Main Street (SR 29) in hopes the adjacent properties would follow suit to make and maintain similar improvements adjacent to the right -of -way. Some property owners have made improvements, but a large amount of the adjacent properties have not been successful in both making landscape improvements and maintaining them. The unimproved and un- maintained properties adjacent to the improved right -of -way areas visually detract, generate debris and soil, which finds it way into the improved right -of -way areas resulting in the MSTU and Collier County having to spend hundreds of thousands of dollars for additional maintenance and clean up. The Immokalee Beautification MSTU Advisory Committee is seeking impute in reference to developing voluntary landscape and maintenance easements to cover the landscape buffer areas required on Commercial properties that abut the above mentioned roadways. The MSTU Advisory Committee members believe this is a win -win situation for the Community and the Property Owners. The landscape and maintenance easements in no way will limit the orooerty Owner's property rights or future development rights. These easements are simply for the purposes of the Beautification MSTU being able to expend funds for landscape improvements and continued maintenance on the adjacent private properties. Please come join us in a discussion to find alternative way to improve our Community. If you should have any questions or require additional information in this regard, please give me a call at (239) 213 -5871 or any of the MSTU Advisory Committees Members listed on the attached page. Very truly yours, Bob Petersen Collier County Committee Liaison and Project Manager %i2cG%e 8i Landscape Architecture Design * Environmental Management * Planning 5079 Tamiami Trail East Naples, Florida 34113 Phone: (239) 417 -0707 Fax: (239) 417 -0708 To: Company: Address Fax No: Mr. Robert L. Petersen Project Manager Alternative Transportation Modes Dept. 2705 So. Horseshoe Drive, Naples, Fla 213 -5899 1611 B39 ® TRANSMITTAL ❑ FACSIMILE COVER SHEET D0/22/03 ob Pete rsen Subject: Immokalee MSTU Beautification M&A Project No.: Immokalee SR 29 North Ph. IV Number of Sheets to Follow This Cover Sheet: 1 Original to Follow by Mail: ❑ Yes ❑ No We are Transmitting the Following: ❑ Letter ® Other ❑ For approval ® For your use Comments: Dear Bob: ❑ Proposal ❑ Sketch ❑ Invoice ❑ Legal description Proposal - Phase IV Project Task & Fee Schedule ❑ For your information ® As requested ❑ Reply is requested Please find attached our proposal for providing design services for the Immokalee MSTU Beautification Phase IV SR 29 North Tree Planting and Street lighting project as requested by the MSTU Advisory Committee. The project design services will cover the planning, design and contract administration services as follows: 1. Roadway tree planting per the Collier County Landscape Beautification Master Plan Type C -1 road side tree planting and irrigation system 2. Renovation of existing Street lighting system along SR 29 from 9th St. to Immokalee Dr. to become generally uniform with the existing Main St. decorative street lighting. 3. New street lighting along SR 29 from Immokalee Dr. to New Market Rd. to become generally uniform with the existing Main St. decorative street lighting and connect to the existing New Market Rd. street lighting. I Copies To: File From: Michael A. McGee, r.11.a. Signature. N&",4. W 6 CONFIDENTIALITY NOTE: The information contained in this facsimile message is privileged and confidential information intended only for the use of indmouai or enury named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copy of this talecopy is strictly prohibited. tf you have received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via United States Postal Service. 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R cQw�TjTcMMocoi w co N N (D N OO-1�100 V —+ " N N w w N o o w w o o w .A.r�wwwww w w rn� rn rn cDCDji�i� N CO r\.) " " .. 0000000 -.4 0 M D z O z z C O M m E m m M DmmzU)mM - <mp -imm m O m m � � nM 0j D C7 r <m �mo0 -�'i mMO� X OrD-my m X cn m z c m CTt N J co 5 ww - picncn O O O O O O O 0000000 0000000 I 161 � B3" n m '0 4 N m .-1 m n O 0 C- m0 4 z m m z c m r m om gm N � W m 00 .A d 0 OA O co A � � rA o W � ro N O C' co co Fiala J Nalas Henr+ing, Coyle FOREST coletta R(1AMN 11 kxEG NOV 0 6 2003 11) D1:1I^v.1;,114- ,Ant.Y- Commissioners LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Summary of Motions October 15, 2003 III. Approval of Minutes for June 27* and September 110' were approved. 1V. Approval of Agenda as amended was approved. VI. Old Business: A. Update on Proposed Study/Wilson Miller - Craig Pajer Many reports were handed out. Recent discoveries were given. Included were the potential for installing a pump station, control structure with planks that need to be removed, ditches and swales need to be cleaned out and maintained and contacting Naples Bath & Tennis concerning roots that are pushing up the bottom of the ditch. Crucial that they contact the Golf Course and discuss ways of maintaining the drainage system. Bob Cunningham moved to have Craig investigate getting a cost estimate for a whir gate in the area. (Lake #12) Second by Bill Seabury. Carried 2 -1. Roger Somerville voting "no". Bob Cunningham moved to have Craig Pajer/Wilson Miller get specifications for the scope of work so Val can get an estimate of digging out the ditch along Woodshire Lane to the proposed elevation from one end to the other for the Committee. Second by Roger Somerville. Carried unanimously 3 -0. VII. New Business: A. Commercial Land Maintenance proposal: Bob Cunningham moved to approve the 2.1% increase for the Annual Contract with Commercial Land Maintenance for the routine maintenance of cleaning out the ditch. The Contract will state the estimated day /s of the month the cleaning will be done. Second by Bill Seabury. Carried 2 -1. Roger Somerville voting "no". Val will check with the County on ownership & legality_af_W-Qgkh- re Lane from Pine Ridge to Forest Lakes Blvd and what rights t eSTi7 lisc. orres. k Date: 12-1 Ftem# (o(14-1 (SL+ Ceres To: 1 {r �3 I ;r _, E S ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Agenda November 19, 2003 L CALL MEETING TO ORDER: II. ATTENDANCE: III. APPROVAL OF MINUTES: October 15, 2003 IV. APPROVAL OF AGENDA: V. TRANSPORTATION SERVICES REPORT A. Budget —Val Prince 1. Pot Hole Update 2. Transfer of Funds VL OLD BUSINESS A. Update on Proposed Study/Wilson- Miller — Craig Pager B. Traffic Concerns onto Pine Ridge — Bob Tipton VII. NEW BUSINESS: A. Estimate on Whir Gate — Craig Pajer/WM B. Quotes for cleaning out the ditches & swales — Val Prince C. Results of meeting with Golf Course — Bill Seabury D. Ownership of Woodshire Lane — Val Prince E. Sunshine Law Workshop — 12/5/03- 2 -3:30 or 1/14/04 -9 -10:30 VIIL PUBLIC COMMENTS IX. ADJOURNMENT �1t' itt 9'e` 1f3a t PXAf;9 it fjl %pi a t t IBi %Kt i % ff� fJfJ,p> Ail 1fd )f� j lJ. 1 LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 October 15, 2003 I. Vice President Bill Seabury called the meeting to order at 10:10 AM. H. ATTENDANCE: Members: Bill Seabury, Bob Cunningham, Roger Somerville, Virginia Donovan (Excused), Bob Jones (Excused). County: Val Prince - Landscape Operations Others: Brent Bixby - Commercial Land Maintenance, Craig Pajer- Wilson Miller, Rebecca King - Wilson Miller, Sue Chapin - Manpower M. APPROVAL OF MINUTES: June 27 & Sept. 11, 2003 Roger Somerville moved to approve the minutes of June 27`h and Sept. 11, 2003. Second by Bob Cunningham. Carried unanimously 3 -0. IV. APPROVAL OF AGENDA: Add under New Business: A. CLM proposal B. Swales on Golf Course Roger Somerville moved to approve the Agenda as amended. Second Bob Cunningham. Carried unanimously 3-0. V. TRANSPORTATION SERVICES REPORT B. Budget — Val Prince I. Pot Hole Update — no invoice from Road & Bridge at this time. They are still problems and will be discussed later. 2. Transfer of Funds — Val covered the Budget and their line items. The Committee needs to decide how much and when they want to transfer funds into their appropriate accounts for the various projects. He made suggestions of what may be the appropriate figures for the fiscal year 03/04. Val discussed the pothole situation with a possible overlay. He suggested to see what Wilson Miller's report was first and then decide what monies need to be transferred and how much. If it is not spent it will be rolled over. There are funds to be carried forward and he will be creating another line item so the committee knows how much didn't get spent in the past year for a particular item. All Work Orders and Purchase Orders are done. Bob Cunningham asked if they use Commercial Land Maintenance to clean out the swales, would they use the funds under "Landscape Maintenance" — Val said it would come under "Contractual Services." Discussion followed on getting a proposal from CLM if the committee decides this is the work that is to be done after Wilson Millers report. Easements were a concern. VI. OLD BUSINESS A. Update on Proposed Study/Wilson- Miller — Craig Pajer They are on schedule with their study and Craig handed out several sheets of data (Attached). They looked at the amount of run off and the sub - drainage basins. The Swales are not able to drain completely — one of their recommendations is that all of them need to be regraded. The golf course swales are not graded properly. It is premature to have them graded at this time until they know whether or not the cross section is adequate. Their final report will determine the findings. They reviewed the swales and entire area a few weeks ago during one of the significant rain storms that flooded the areas. Craig showed a graph of accumulative rainfall during different times of the day. Pictures were shown of many of the Forest Lakes areas. He discussed the pump stations, fire hydrants and water on a vacant lot. In some areas there is positive flow from the lakes to canal. He gave a summary of the rainfall. Recent Discoveries: • Potential for installing a pump station — SWFLWM said they would entertain installing a pump station and would be required to submit an Environmental Research Permit - they would look at what impact it would have on the downstream users of the canal and on the rest of the system. Not sure they would approve it. • Control structure — under the tennis courts there are some planks that have not been removed. There is 1 '/z foot of water lying in the pipe, backs up into the ditch and lake and effects another lake, flooding the northern area. (Refer to Lake Volume Sheet) The planks need to be removed for more volume. (Pipe full of water) • Observation — He talked about the Pipe from Lake #10 to ditch that slopes down leaving 1 '/2 foot of water. Shouldn't be any water because it goes downhill to the ditch. Showed picture showing ditch is full of muck 2 16(1�l. 84 combined with pine needles, roots, leaves etc. and needs to be cleaned out. Naples Beach & Tennis Club roots are going toward the water source pushing up the bottom of the ditch and losing capacity of ditch. Has raised the ditch 1 '/z feet, stealing volume of water to store and the drainage of Forest Lakes Blvd. Water can't get out because the planks are so high contributing to the flooding problems. • High Priority should be to start from the South and go up — excavating the ditch out about 6 inches lower than the pipe for unrestricted flow. This should be done immediately. • Very crucial that the golf course and MSTU need to work together — they need to meet and discuss ways to maintain the drainage system. There is a meeting next week with the Board in which Craig will attend. He feels there should be a mechanism in place to maintain the swales. Perhaps the MSTU can have an arrangement with the Golf Course where they maintain the swales or contract it out. There definitely should be some sort of dialogue with the Golf Course and the MSTU so everyone is on the same page with the maintaining the swales. Need some sort of control. . • Discussion followed on the Golf Course taking the water out of the lakes for irrigation and putting it back. Need to resolve the issues of the MSTU having a place for the storm water to go and the Golf Course having a source for irrigation. Need to establish a dialogue with Naples Bath & Tennis. They have Brazilian Pepper and Melaluca trees (exotics). One of the residents (Emeralds Lakes) stated the subject had been discussed with Naples Bath & Tennis earlier and the County stated the development was grandfathered in for the exotics and they did not have to remove or take care of anything over the fence. Legally Craig said they need to research it further as the roots are blocking the drainage flow and legally there should be some obligation & responsibility from Naples Bath & Tennis. • Bob Cunningham stated someone would contact Naples Bath & Tennis to address the situation. • The percentage of the Lakes in Forest Lakes compared to the total acreage is about 4% - when a development is done the lake volume is usually 20 %. The rule of thumb is 20% of the gross area being storm water management lakes. Naples Bath & Tennis has 4 times the amount of lakes compared to Forest Lakes. Conclusion is that swales need to be cleaned out and remove the planks. They talked about a Whir gate. Bob Cunningham moved to have Craig investigate getting a cost estimate for a whir gate in the area. (Lake #12) Second by Bill Seabury. The structure is with the golf course and Val was concerned about the easements. Carried 2 -1. Roger Somerville voting "no". Bob Cunningham moved to have Craig Pajer/Wilson Miller get specifications for the scope of work so Val can get an estimate of digging out the ditch along Woodshire Lane to the proposed elevation from one end to the other for the Committee. Second by Roger Somerville. Carried unanimously 3 -0. This is not in Wilson Miller's initial cost study, but they will do it and keep a record of the time for future billing charges. Water management, piping and permitting was discussed. The main issue at this time is getting the swales cleaned out. Wilson Miller will give a final cost report along with a list of improvements to be made for long term. They will also give the cost savings for maintenance. C. Traffic Concerns onto Pine Ridge — Bob Tipton Mr. Tipton was unable to attend the meeting. VII. NEW BUSINESS: A. Commercial Land Maintenance proposal — Brent stated the cost for the routine maintenance of cleaning out the ditch will be the same as last year with a 2.1% increase. The actual billing was approx. $4,000. CLM services every month is cleaning out the rocks, debris, trash and overhanging brush. Val mentioned to have them continue with the routine clean out and get a quote for the major clean out suggested by Wilson Miller. It was questioned whether it has been cleaned out properly and how often. Bob Cunningham moved to approve the 2.1 %increase for the Annual Contract with Commercial Land Maintenance for the routine maintenance of cleaning out the ditch. The Contract will state the estimated day /s of the month the cleaning will be done. Second by Bill Seabury. Carried 2 -1. Roger Somerville voting "no". B. Swales on Golf Course — Bill Seabury stated for the past few years water has been diverted from the community into the golf course, and there are drainage ditches in the golf course that are 4 9'4 1", 160" not carrying the water into the Gordon River. Need to have the ditches cleaned out according tee ostating how the MSTU will do something from the Comm that. proposals after Bob Cunningham gMilerb bringing with � ro orththe Golf Course Bill and Craig/Wilson board next week. Val said it would be in the MSTU's best interest to get the golf course to agree that the MSTU being the entity of maintaining the ditches, keeping control over a Maintenance Contractor, assuring it is being maintained on a regular basis. VIII, PUBLIC COMMENTS: • A lengthy discussion followed on repairing the road on Woodshire Lane and the ownership. A speed bump has been installed. The road needs repaving. Val will have Wilson Miller do some research and bring back data for the Committee before resurfacing. Bob Cunningham, Val and Craig will meet to look at the e Wilson provide the data. The drainage g problems need to be fixed first and not just patch the roads but to have a plan formulated. The committee decided to wait until next month on moving any reserves and line items. (Bob Cunningham left at 11:50 AM.) • Val will check with the county on the ownership and legality gutty of hadshire Lane from Pine Ridge to Forest Lakes Blvd. an rights Discussion was that the road was transferred from Fidelity Trust and never recorded or registered with the County. IX. ADJOURNMENT: Being no further business to come before the committee, the meeting adjourned at 12:00 Noon. "(wil►► TI► €� ►1c'�t rrrcrc�tir► _ rl ) cr t yr, QUO.; it 1I1. tl t �1 1'111_' 1'Ofil,tif I_ th1:.S 1058 1'r!►c'st luakca.e itri +R' 1 -'1_ 34105 lE()1 "84d Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee Engineer's Report Engineering Analysis ■ Engineering Analysis is proceeding on schedule ■ Runoff determinations have been made for each drainage sub basin ■ Currently analyzing swale and piping capacities September 29, 2003 Rainfall Event ■ Rainfall Amount 5.71 Inches /24 hours ■ 6 inches of water on Forest Lakes Boulevard (east -west) ■ 9 inches of water on Forest Lakes Boulevard (Single Family) ■ Gordon River North South Canal very high • Southwest outlet flowing out • Eastern ditch flowing full but not into roadway Recent Discoveries ■ SFWMD contacted regarding stormwater pump station. General ERP (Environmental Resource Permit) required ■ Planks in southeast Control Structure cause lake levels to be 1.5 feet higher than they need to be ■ Silt in eastern ditch 1.5 deep causing Lake 10 to be 1.5 feet higher than they need to be ■ Lake Volumes n Z V N .3 N O O D ao D Rainfall in Inches 0 ^� N W IU El 0 M 3 c- N m N 0 0 W M ju Forest Lakes Lake Volumes 14 Total 7.572 329,817 2,467,031 Prepared by WilsonMiller, Inc. 10/15/2003 Volume Drainage Sub- Sub -basin per Foot Volume per Sub- Basin Area of Depth Foot of Basin ID Area (sf) (Acres) (CF) Depth (Gal) LAKE -1 22,312 0.512 22,312 166,894 LAKE -2 15,087 0.346 15,087 112,851 LAKE -3 7,171 0.165 7,171 53,639 LAKE -4 38,096 0.875 38,096 284,958 LAKE -5 4,646 0.107 4,646 34,752 LAKE -6 14,281 0.328 14,281 106,822 LAKE -7 9,265 0.213 9,265 69,302 LAKE -8 31,998 0.735 31,998 239,345 LAKE -9 15,175 0.348 15,175 113,509 LAKE -10 71,528 1.642 71,528 535,029 LAKE -11 46,316 1.063 46,316 346,444 LAKE -12 41,062 0.943 41,062 307,144 LAKE -13 12,880 0.296 12,880 96,342 Total 7.572 329,817 2,467,031 Prepared by WilsonMiller, Inc. 10/15/2003 16�If1"84 M plz-;.':.�„ Ir v, ov, 6J)l 94 ma,VW r 5F 1 Pon ", 1 -,84 r -P) g. iA 94 Ir � � � ..: � � � ? � \ �� « � � m� ««��! w xv1� / w � � � �� \�: ƒ� L,. .x�y «. �� \? � °` \�� ^ ��aA. :« � � � � ' �� \ � � ... .:. .....,�� :�� r a � � . � , --I CD z CD O N CD CA 0 Cl) C CD CL ID v M CD CD CD cQM cD a CL m O m C 0 m N N 7 m x m N (D M cD X19, _o _o c O O C � cD cc o 000 OoC G)COCn D m m mmm cn n -n X M -n T -n n C/) C z � M Z M Dom m z z 0 C/) n rn�� m Z C m U1 0 cD 4 + O O O O O o 0 0 0 00oo00 0 �co 4— O o 0 m 0 0 0 0 0 0 cD 0 O 0 0 0 0 00 0 O O O 0 0 0 Dt 0 V O O o O0 00 00 ,)It# 16(l �NNfV .,.._a- ass...» mn Q N N N" , N) O U N n cn cn cn cn cn N Z O 8. 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HAS BEEN CANCELLED. IEW ►ZJ /005 I kA> (� ?>s C r r l [ Y C 0 N N t Y Halas Henning Coyle r'Itt V V a COLLIER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive • Suite 605 • Naples, Florida 34108 • (239) 597 -1749 • Fax (239) 597 -4502 NOTICE OF PUBLIC MEETING NOV 1 o 200 rsc3drd n ?;,; Ui1 p t,OMM1SS iprit�r•s NOTICE IS HEREBY GIVEN THAT THE BUDGET SUB - COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A PUBLIC MEETING ON THURSDAY, NOVEMBER 13, 2003 AT 3:00 P.M. AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 AGENDA 1 • Roll Call 2• Approval of Minutes of the October 8, 2003 Meeting 3. Public Participation 4. Review of tactical programs: Outsourcing of Community Beautification and Water Management Services Relocation of PBSD Offices 5. Review of 5 year Step I Strategic Plan and 10 year Capital Plan 6. Discussion of next steps 7. Committee Requests 8. Adjourn All interested parties are invited to attend, to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or quasi - judicial board will need a record of that a verbatim the proceedings pertaining thereto, and therefore, may need to ensure record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to You, to the provision of certain assistance. Please contact the Pelican Bay Services Division Office at 597 -1749. J WI 3 I tool 1 )�SS H L y COLLIER COL .r` commissioners Pelican Bay Services Division 801 Laurel Oak Drive - Suite 605 - Naples, Florida 34108 - (239) 597 -1749 - Fax (239) 597 -4502 NOTICE OF PUBLIC MEETING NOTICE IS N WEDNESDAY, NOVEMBER PELICAN , 2 03 AT 3:00 P.M. AT DIVISION BOARD WILL HOLD A HAMMOCK OAK CENTER, 8962 MEETING ON WED HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 AGENDA 1. Roll Call 2. Approval of the Minutes of the October 1, 2003 Regular Meeting 3. Public Participation 4. Chairman's Report Jim Ward Situation Meeting with Collier County Commissioner Frank Halos and Deputy County Manager Leo Ochs Communications Pelican Bay Foundation Cooperative Elements Oakmont Parkway Extension Turnover Foundation Meeting Issues 5. Sub - committee Reports Budget Sub - committee Preparation of a 5 -year "Step I" Budget and 10 -year Capital Plan Budget Planning - Step I - Mission and Objectives Budget Planning - Step I - Strategic Programs Clam Bay Sub- Committee Clam Bay Annual Monitoring & Improvement Schedule Hydrodynamic Modeling and Analysis Annual Report Presentation Cattail Area Restoration Seagate Culverts 6. Administrator's Overview Red Flag /Green Flags Capital Projects U.S. 41 Median Landscaping Gulf Park Drive Irrigation and Landscape Improvements Oakmont Lake Bank Improvements Cannes at Pelican Bay - Gulf Bay Development Community Issues Sidewalk Overlays and Repairs 7. Committee Requests 8. Adjourn All interested parties are invited to attend, to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or quasi - judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceeding is made, which record , includes the testimony and evidence upon which the appeal is to be based. If you are a persoh`vAtk �iability who needs any accommodation in order to participate in this proceeding, you are entitled, at no co t to you, to the provision of certain assistance. Please contact the Pelican Bay Services Divisiq 9. 1 a Ti): ,=� Halas Henning Coyle -16 10,44 .,B.5 ler, coletta JTOLIER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive - Suite 605 - Naples, Florida 34108 - (239) 597 -1749 - Fax (239) 597 -4502 RECEIVED NOV NOTICE OF PUBLIC MEETING 'SS i0rier, NOTICE IS HEREBY GIVEN THAT THE BUDGET SUB - COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A PUBLIC MEETING ON THURSDAY, NOVEMBER 13, 2003 AT 3:00 P.M. AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 AGENDA 1. Roll Call 2. Approval of Minutes of the October 8, 2003 Meeting 3. Public Participation 4. Review of tactical programs: Outsourcing of Community Beautification and Water Management Services Relocation of PBSD Offices 5. Review of 5 year Step I Strategic Plan and 10 year Capital Plan 6. Discussion of next steps 7. Committee Requests 8. Adjourn All interested parties are invited to attend, to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or quasi - judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Pelican Bay Services Division Office at 597 -1749. IlP(3n 065 16(1195 ; MINUTES PELICAN BAY SERVICES DIVISION BOARD MEETING October 1, 2003 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, October 1, 2003 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. James Carroll (Chairman) Mr. David Nordhoff Mr. Glen Harrell (Vice Chairman) Mr. David Roellig Mr. M. James Burke Mr. Donald Spanier Mr. John Domenie Mr. Edward Staros Mr. John laizzo Mr. Christopher Sutphin Mr. George Werner ALSO PRESENT: Thirteen (13) Pelican Bay residents; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of the Minutes of the September 4, 2003 Regular Meeting 3. Public Participation 4. Chairman's Comments Meeting with Commissioner Halas Foundation Board Meeting 5. Sub - committee Reports Clam Bay Sub - Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrographic Report Budget Sub - committee Management Reporting Budget Planning 6. Administrator's Report Capital Projects U.S. 41 Median Landscaping Community Issues Sidewalk Overlays and Repairs 7. Committee Requests Consideration of Board rule for reconsideration of items previously adopted — Glen Harrell 8. Financial Statement Review 9. Adjourn ROLL CALL Mrs. Smith asked that the Record reflect all members present. APPROVAL OF THE MINUTES FOR THE SEPTEMBER 4. 2003 REGULAR MEETING Page 5310, Last Line should read "conflict of interest ". 5338 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 Mr. Werner moved, seconded by Mr. Sutphin and approved unanimously the Minutes of the September 4, 2003 regular meeting, subject to the above change. PUBLIC PARTICIPATION Mr. Spanier stated, "I have been tremendously impressed by the work of Mr. Ward and Mr. Lukasz in controlling the storm water run -off in this community". The water we had could have been a total disaster, as it was in many places of Florida and Southwest Florida. I have not heard, certainly in the area that I am living in and I monitor closely, a single complaint. Everything was handled marvelously and I really would like the Minutes to commend these people on the excellent performance of that stormwater drainage system. There were no comments from the audience. CHAIRMAN'S COMMENTS Mr. Carroll stated, "I have a number of comments today and I have passed out notes with regard to the meeting, between Mr. Gerhard Seblatnigg of the Pelican Bay Foundation and myself, with Commissioner Halas". I am not going to go through the details, but it was my first meeting with the Commissioner and I decided that it was import ant to have someone from the Foundation Board attend also. The first thing I decided to do was provide the Commissioner a history of Pelican Bay. As we know, Mr. Halas does not live in Pelican Bay and therefore I felt taking him through some of the history of our community was in order. I found that he was quite appreciative because of much of this he was not familiar with. I covered things such as the Pelican Bay Improvement District and the issues Pelican Bay had regarding incorporation versus annexation. The creation of the MSTBU Ordinance was covered, along with the flood damage to the mangroves that we had in 1995. 1 familiarized him with the fact that it took three years to get permits and a couple of million dollars to get where we are. I also made a point that the Clam Bay Sub - committee was created a couple years ago to steward the restoration and maintenance of the Clam Bay system. I wanted him to realize that we had an active Sub - committee that is paying a lot of attention to the mangroves and the beach. 5339 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 1 Mr. Carroll continued, `The second subject I discussed with him was the new Ordinance that was created in June 2002 ". 1 provided him with a little background on the issue and what we went through in attempting to get an Independent District and having the community not really in favor of that. The fact that what grew out of that was an Ordinance that Mr. Brock assisted us in putting together, which I feel was a very significant step forward as far as defining the role of the Pelican Bay Services Division and empowering the Pelican Bay Services Division beyond what it was. I explained the election selection process that we had and he was beginning to learn more about that process. Mr. Carroll stated, "I then touched base with Commissioner Halas on recent issues, the landscaping of the tram berm which was a major issue, I didn't dwell on Cap d'Antibies because he has been indoctrinated into that issue and the Waterside Expansion issue ". It was during that meeting that I found out the meeting the next day on the Waterside issue had been delayed or the second time. I then went to what I consider the key issue of the day in Pelican Bay, the access /parking issue. I would like to play a video of an interview done by Commissioner Henning with Ms. Marla Ramsey and Mr. John Dunnuck. Ms. Ramsey and Mr. Dunnuck are the two point people as far as beach access in concerned. I thought it was worthwhile for all of us to be tuned in to where these two people are with regard to beach access. Mr. Sutphin asked, "Is there a way that residents can access that video if they desire to see it "? Mr. Carroll replied, 'This is a public tape and I purchased it for $2.00 at the County office ". Mr. Sutphin stated, "I would like to suggest that the Foundation add this video to their tape library'. I will mention in my Pelican Bay Post article that you are turning the tape over to the Foundation and it is available to the residents of Pelican Bay. It is my understanding that the issue of the Vanderbilt garage is in litigation and I think it would be very dangerous for this Board to take a position on something that is currently in litigation. I would recommend that we not go near it. 5340 PELICAN BAY SERVICES DIVISION BOARD ,.�. October 1, 2003 Mr. Carroll replied, "I don't think we need to take a position right now'. I believe the Commissioner was seeking our support and he did not ask for a Board Resolution or anything to that affect. Mr. Spanier asked, "In the course of your discussion with the Commissioner, did the practicality of how people from 500 more parking spaces would get past the crowds on Vanderbilt Beach and the Ritz Carlton Beach, to get their access to the newly opened beaches "? Mr. Carroll replied, "No ". Mr. Harrell stated, "I did meet with Mr. Dunnuck and WCI attorney also ". The WCI people and Mr. Dunnuck were trying to work out a compromise. At least I know they were talking, but it has been very recent and I think it is making the Commissioners happy that there is discussion. I agree that is something we shouldn't touch; it is a matter of deed restrictions and not an issue that we have any jurisdiction over. I did ask Mr. Dunnuck if he had any ideas about going through, around or getting access to Pelican Bay beaches and he indicated that he did. I asked him if he would share them with me and he said that he would not, but that he would bring them up in front of the Board of County Commissioners when the time came, but I don't believe the Board has addressed it in any detail as yet. Staff tends to react when the Commissioners ask questions, they don't tend to make presentations on their own and they go wherever they think their bosses are going to take them. If they are asked to do something they do it, if not they sit down and are quiet. Mr. Carroll stated, "Mr. Dunnuck is out attending different meetings and stating their position on this issue ,,. Mr. Dunnuck is out campaigning for this issue. Mr. Burke stated, "If these people really believe there are going to be 750,000 people here over the next ten to twenty years, they are not going to stop at a tiered parking garage ". That is not going to do it, but I also don't believe there are going to be 750,000 people living here. They are also using the term, "that we have to think outside of the box ", which is a catch phrase. They are not going to stop at a parking lot and they are going to be punching holes through the mangroves or at least they will try to. 5341 PELICAN BAY SERVICES DIVISION BOARD 1 5 ` October 1, 2003 Mr. Carroll stated, "I don't know what reassurance we can get that they won't try to puncture through the mangroves, but I doubt that is going to be their first priority". Mr. Carroll continued, "Commissioner Halas liked the idea of having such a discussion and asked if I would do that on a monthly basis, which I plan on doing ". I felt like it was an opportunity for our Board and the Foundation to get our viewpoints to him and I will pursue that. Mr. Staros stated, "Not as a Pelican Bay Services Division Board member, but as a citizen of Collier County, I wrote personal letters to all of the Commissioners ". I took my family to Del Nor Wiggins State Park and was surprised to find that there are only 365 parking spaces in that entire stretch of land, I counted them. It seems like it is the most underutilized beach in all of Collier County. There is a quarter of a mile before you see the next person, so I wrote a personal letter refreshing their memory that Del Nor only has 365 parking spaces for a mile long beach, no buildings or condominiums in front of it and it was my suggestion to them that to double or triple the parking would make a lot of sense. I have received three replies saying it was a great idea and thanking me for the input. Mr. Carroll stated, `The next item on my list are the comments on the Foundation Meeting and I have been reporting on key issues that I felt are of interest to all of us ". The most important one right now is the Oakmont Extension. We have been working on this for months and Mr. Kinney has made a valiant effort to get this issue straightened out and unfortunately has not met with success because the Marketplace people have refused to cooperate. They are essentially turning that project over to us and I have asked Mr. Ward and Mr. Kinney if they would join me and go to talk with the key people in the County, who are reluctant to agree to what we think ought to be done. Mr. Kinney is preparing a position paper so that we can all be talking the same facts about who would pay for what and who would maintain it. The bottom line is that we want the County to own it and they have been resisting taking it. It is my feeling that we ought not to allow that to dangle and stay the way it is. It is an eyesore and needs to be fixed and I think it is our job to fix it. Mr. Carroll stated, "Another point of interest discussed at the Foundation Meeting was the extreme difficulty we are having in getting permits from the County'. It is beginning to feel as if 5342 PELICAN BAY SERVICES DIVISION BOARD 841' October 1, 2003 the County is singling out the Foundation, because the delays that we have been experiencing seem way out of line. An example is the new bar that they are talking about putting in at the Sandpiper should be routine, there is nothing dramatic being done outside the confines of our own facility, yet it has been going on for months. There is now a real concern about the permitting situation with the new Hammock Oak facility. I don't know the answer, but I do think that Pelican Bay needs to be alert to that fact and I also think that it is something that our organization should challenge in some way. We are appointed by the County Commissioners and are a part of the political system and it seems to me that we are in a better position to try and influence them. That is another item on my priority list. Mr. Spanier stated, "I am puzzled by the last two items ". The Oakmont Extension may be the simpler one, but when you talk about "We" when referring to the Pelican Bay Services Division and our Board, it seems to ignore the fact that the Pelican Bay Services Division is a part of the County Government. We are not part of the Pelican Bay Foundation. This District is established by the County Government and the staff, etc. are employed by the County Government. When we talk about the County wanting us to take over Oakmont Parkway Extension, I am puzzled. If it belongs to the Foundation, then the issue would seem to be who is going to pay for the maintenance. Is that the issue? Mr. Carroll replied, "No, that is not the issue ". The Foundation and WCI are going to contribute money to upgrade it to take care of all of the things that need to be done to bring it to the same standard as the balance of Pelican Bay. We want the County to own it, the Foundation does not want to own it, the Marketplace won't own it and it appears that the right answer is for the County to take it over and they should have no reason to complain about it costing money to fix it up because we are going to do all of that. The Pelican Bay Services Division will provide the maintenance and the only thing the County needs to worry about is their having to redo the road twenty years from now. I have heard the reasons, but they don't make a lot of sense to me. Hopefully, within the next week, Mr. Kinney, Mr. Ward and I will go down to the County and find out a little more about this issue. Mr. Spanier asked, "Isn't it basically a Foundation issue "? 5343 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 Mr. Carroll replied, "No ". Mr. Harrell explained, `The road is privately owned, all other public roads in Pelican Bay, or at least publicly accessible, are owned by the County'. That is the issue. We maintain the landscaping and irrigation, but don't take care of the road itself. The County does all the striping and resurfacing. The problem is, no matter who is going to pay for the landscaping, it is a matter of who is going to own the road. There is a liability issue and the County does not want to take over a road that is not to their standards. The County would rather the road be completed or done by them. It has never been a matter of who would take care of it, because we have always said that we would. Mr. Spanier stated, "What I am saying is that we are the County". Mr. Harrell replied, "We are as independent of the County as we can be, being a Dependent District ". We have an agreement signed by the County Manager that says whatever we want to do we can do within our District, so we are not going to own anything because we are the County. The County, as a basic service, can take title to it and they don't want it. The Foundation does not want it and as a Board we cannot own it. Mr. Carroll stated, `The Foundation has appointed a Land Acquisition Committee ". Mr. Carroll continued, 'The berm ownership issue continues to be delayed ". The Foundation and our legal people have been trying very hard to get the County to give their final opinion on this issue ". The message appears to be that they are thinking favorably about it becoming owned by the Foundation, but until we get that in writing we are not comfortable with that answer. Again, this is taking a long time, for reasons I don't know. Mr. Carroll stated, "I would like to call your attention to a chart I provided you, which is the County organizational chart". The point I want to make is that I think you need to know more about this organization. If you look at this chart there are three or four people that we have been talking about and I think our Board members need to take more initiative in going to the influential people in this County, when there is an issue that concerns us. I think we have been reluctant to do it and I believe Mr. Harrell and Mr. Staros are more inclined to do it, because they are running a business. I believe the key people here who are dealing with particular issues should take it on 5344 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 themselves to make a date with whoever it is they need to talk with at the County and go to talk with them. Mr. Roellig, I think you ought to find out what Ms. Ramsey and Mr. Dunnuck are doing that is affecting the beach business. In the past we have asked Mr. Ward to do it, but I am saying that is not good enough any more. You need to make the contacts with these people and Mr. Ward should join you if he is here, but if he isn't, you should do it anyway. Mr. Staros stated, "I attend a tremendous number of meetings, just for my general knowledge of running a business ". I would say that I probably attend 40 hours of County meetings a year, just to keep in touch with the direction that things are going. Mr. Carroll asked, "Do you initiate one -on -one contacts "? Mr. Staros replied, "Yes ". Mr. Roellig stated, "I was not going to discuss this until later, but I have a meeting with Commission Halas scheduled for tomorrow". I am not meeting with him, so much as a member of this Board, but more as a member of the Coastal Advisory Board. I want to be assured that he has a briefing as to why the Coastal Advisory Board and TDC have different views than the staff and to provide my view as to how the maintenance of our beaches should be handled and to request his action on certain items. My view is 180° different than what I saw on television. Mr. Carroll asked, 'Why would you decide to go to the Commissioner rather than the top staff person "? Mr. Roellig replied, 'With the Coastal Advisory Committee there is nobody between us and the County Commission ". I feel a presentation from my viewpoint would be beneficial. Mr. Carroll stated, "The next subject that I have is that I would like to recommend that we begin publishing the Pelican Bay Advisor on a monthly basis ". The first issue was twelve pages and I am not talking about twelve pages every month, but four pages. I would like to have Mr. Sutphin's write -up go into an issue and have Mr. Roellig prepare an article on the Clam Bay Sub- committee. I am sure Mr. Sutphin would not want to write both articles, so he would have to appoint a Budget Sub - committee member to do that. It is my feeling that we need to publicize ourselves and do it in a way that is likely to get people's attention. When we write in the Pelican Bay Post, we end up in an argumentative mode. If we publish our own Advisor and start putting 5345 PELICAN BAY SERVICES DIVISION BOARD l 6(01 October 1, 200 1 the articles in our own vehicle, people will be more likely to understand what the role of the Pelican Bay Services Division. Mr. Harrell asked, "How would we distribute it"? Mr. Carroll replied, "By mailing, the same as we did with the first issue ". Mr. Werner asked, "What would it cost on a monthly basis "? Mr. Ward replied, 'The mailing cost will be approximately $3,000, with another couple of thousand dollars to prepare, stuff and get it into the mail ". We are looking at $6,000 - $7,000 per month to do the newsletter on a monthly basis. Mr. Harrell stated, `That is a lot of money". Mr. Roellig stated, "Quarterly would be worthwhile or possibly twice a year". When I read the Pelican Bay Post it is like watching a badminton game, everything keeps flying back and forth. We need to provide useful information to our residents. Mr. Carroll asked, 'Why does the money scare you "? Mr. Harrell replied, 'We have not budgeted for it". It is not in our budget and it has to come from somewhere. Although I agree 100% with what you are saying about getting the message out in our form rather than having to retaliate, but that is a lot of money. Mr. laizzo stated, 'We don't have to retaliate, we just have to put the message in the Pelican Bay Post and it does not cost us a penny'. Let's get the message out as we see it and not be argumentative in the Post. Mr. Carroll stated, "Our comments end up on Page 29 ". The Foundation news appears on Pages 1, 2 and 3 and people can read what is going on, but by the time they get to Page 29 they don't get much of a chance to read what we have to say. I realize we are talking about a fair amount of money, but I think we have an obligation to better acquaint the people of Pelican Bay with what we are doing. Mr. Werner stated, "I support your reasoning wholeheartedly and you have really hit the nail on the head, but I am questioning whether monthly is needed, every other month or even quarterly'. That is the only reservation that I have. Mr. Domenie stated, "I feel the same way". Quarterly, if we can find the money. 5346 16, O� 1 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 Mr. Carroll asked, 'What about a source of funds for this publication "? Do we have a contingency for this kind of thing? Mr. Ward replied, "Yes, I think we could come up with a significant portion of the funds necessary'. I am not sure of the exact costs and we can do a bulk mailing instead of a first class mailing and get the costs down dramatically. We can limit it to a four -page mailer, so that it doesn't have to be stuffed. There are a couple of things that I think we can do to bring the costs into line. If you would like to proceed with it, let's try it and we will aggregate the costs and see how we come out. Mr. Harrell replied, "I would like to see the costs ". Mr. Sutphin stated, "It may not be practical, but it would seem to me that since the Pelican Bay Post is a Foundation publication and we are supposed to be working towards mutual cooperation, why would they not be willing to insert a separately published four -pages from the Pelican Bay Services Division into the Pelican Bay Post, which would wipe out the postage and is the lion's share of what we are talking about? Mr. Carroll replied, 'That is a good suggestion ". I am going to ask the editor of the Pelican Bay Post to comment on that. Mr. Kyle Kinney replied, 'The Post Office will not allow us to do it ". There were a lot of issues over the past year that we wanted to do inserts for and the Post Office does not like it, the inserts fall out and I can provide a copy of the official response that I got from the Post Office. There was something that we wanted to put in this last issue and it is not as easy as you think. If it is possible through another means, and I will report back to Mr. Ward and give him the parameters, but it is not as easy as you might think. Mr. Carroll asked, "Is there a way that you could dedicate page 3, 4, 5 and 6 to us without an insert"? Mr. Kinney replied, "The position of my Board is that the Foundation news will always have the front cover all the way through ". The way that would work would be based upon the advertising. I could contact Ms. Sharon Hood and ask if we can earmark Page 7 through 10 to try to insert the Pelican Bay Services Division news. There are premium charges for Page 4 and 53.7 PELICAN BAY SERVICES DIVISION BOARD ' f� October 1, 2003 they pay extra for that page. I will be happy to check and see if we can dedicate Pages 6 through 10 or 7 through 11 and always have that be the dividing line between the Foundation and the Pelican Bay Services Division news. Mr. Carroll stated, "Mr. Ward, I would also appreciate your pursuing the costs ". This solution may be the best one, if we can get a few dedicated pages. Mr. Kinney stated, "I hear what you are saying and I would recommend that there might be some members of this Board that might want to meet with the Foundation Board to discuss issues with the Pelican Bay Post. As a matter of policy, the Foundation will not respond to a Letter to The Editor and that was done for a purpose from day one. I would recommend that both Boards' speak with each other to see how these issues could be addressed down the road because you are not pleased with it. I can communicate that back to my Board. Mr. Carroll stated, "As you know, only one of us can meet with your Board ". We will explore this idea with Mr. Kinney and Mr. Ward will also provide some numbers to see how that comes out. Mr. Carroll continued, `The last thing on my agenda is Mr. Ward's situation ". Mr. Ward may not be able to discuss this because he is now dealing with the Ethic's Committee, but I think he has been challenged ". In January and March, this subject came up and Mr. Ward was asked about his role and what possible conflict there could be. I want to read a couple of lines from the March 6'h Minutes. This is a matter of Public Record and I am not putting him in a position that he has to respond to anything. This is quoting Mr. Ward: "As you all know, I represent local governments across the State, most of which are called Community Development Districts that are independent districts established by the Florida Legislature." One of those independent districts overlies the Fiddler's Creek community and is called the Fiddler's Creek Community Development District. 1 am the District Manager for that Community Development District and also represent one hundred fifty (150) Community Development Districts across the State and five (5) municipal agencies here in the State of Florida. It is a big stretch for me to get to the point of saying that there is any kind of a conflict of interest that would result from my representing another governmental agency in the State of Florida. In addition to that, I have indicated that our review of this plan is a rather technical review in its' entirety and has nothing to do with the issues that have been raised by 5348 16114 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 Dr. Raia. As a Public Official in this State, and I have been working in this State for twenty -two years, it is extremely difficult to not be impartial In the discharge of my duties as a Public Official for the role in which I play, no matter what the agency. That has been my role in Pelican Bay since I have been here, which has been since 1980 and continues to be the role that I fill in all of the governmental agencies that I represent across the State, including Fiddler's Creek. Mr. Carroll stated, "I wanted to get that into the Record, recognizing the limitations that may have been placed on Mr. Ward by the attorneys ". What is the sense of the Board to an action? Mr. Werner stated, "I have worked with Mr. Ward for approximately ten and one -half years ". We have not always agreed, but I have found everything he has done to be very professional. As a resident of Pelican Bay I am somewhat ashamed that some other residents would use a stalking horse to file an ethics complaint against him. I have nothing but confidence in Mr. Ward and I have written to three of the Commissioners to tell them the same thing. I think it might be proper for this Board to indicate our support and confidence in Mr. Ward as our Manager. Mr. Carroll stated, "Along that line, I called the County Attorney to find out if there were some limitations on our doing that ". Mr. Weigel is out ill, but Ms Heidi Ashton is handling the legal work and in her judgment it is quite in order for this Board to have a Resolution to that effect or have the Board approve my writing a letter. Either way, Ms. Ashton felt that it was desirable and she would encourage our responding to the County Manager. Mr. Burke asked, "Was Mr. Lissack's complaint filed with the County or the State "? Who is conducting the investigation, the County or the State? Mr. Ward replied, "In the State of Florida an ethics complaint is filed with the Florida Commission on Ethics, which is a State agency". It is supposed to be a confidential filing, but Mr. Lissack chose to actually e-mail that complaint to the County Commission and certain newspapers. Mr. Spanier asked, "Is the Attorney General's Office investigating this complaint "? Mr. Ward replied, "No, it is handled by the State Commission on Ethics ". They have their own staff and I don't know if they are under the Attorney General's office or not. 5349 PELICAN BAY SERVICES DIVISION BOARD 16(14 ',: r October 1, 2003 Mr. laizzo stated, 'The paper also indicated that Mr. Weigel would look into this issue and I don't even know what happened with that" because he is part of the game. I don't know that he can even look at this issue Mr. Carroll replied, "Mr. Weigel is the County Attorney". Mr. laizzo replied, "He should not be looking at the facts, it should be someone outside of the County'. Mr. Carroll replied, "Ms. Ashton has been given the ethics complaint to handle for the County'. She is in Mr. Weigel's office. That is where it is and she is doing the study for the County. Mr. Spanier asked, "Am I incorrect in assuming that Mr. Ward is employed by a consulting firm or is he an individual "? Mr. Carroll replied, "He is employed by Severn Trent Environmental Services ". Mr. Spanier asked, 'Why was the ethics complaint not lodged against Severn Trent"? Mr. Ward explained, "In Florida, the way the ethics law works, and as I counseled you before, this particular complaint is similar to you being charged with a Sunshine Law violation ". It is a complaint that reflects on you as an individual, not on you in your position as a member of the Board, and it is the same with me. The ethics complaint that has been filed has been filed against me personally, not against my company. Mr. Spanier asked, "Does your company have any liability in this situation or could they assign a different consultant to this account "? The entire arrangement is not clear to me. Mr. Ward replied, `The County has a contract with Severn Trent Environmental Services, of whom I am an employee ". Under that contract, I am assigned as the Contract Manager and I literally cannot be changed without the approval of the County Commission and this Board. You would have to make that change, not my company. well "? Mr. Spanier asked, 'Would that be true in all of the other communities you represent as Mr. Ward replied, 'That provision is not in our other contracts ". We have a relatively large firm and those communities could be assigned to another individual. 5350 PELICAN BAY SERVICES DIVISION BOARD1 n r October 1, 2003 J -- _. Mr. Sutphin stated, "It should be included in the record again that this Board has no responsibility or authority for any of the areas of the alleged impropriety". The whole issue to me appears to be about the PUD Amendment that got Cap d'Antibies to be huge and is not within the purview of this Board or the Manager and never has been. That is very important to understand as far as the community is concerned. Mr. Sutphin moved, seconded by Mr. Werner and approved unanimously that this Board vote its confidence in Mr. Ward's performance and that the Chairman prepare a letter on behalf of the entire Board to whomever he feels appropriate expressing our sentiments ". SUB - COMMITTEE REPORTS CLAM BAY SUB - COMMITTEE BEACH RENOURISHMENT Mr. Roellig stated, "Approximately two years ago the Coastal Advisory Committee recognized that since the last renourishment of Collier County beaches, which occurred in 1995, time was again approaching for a renourishment ". Work was funded under the TDC to gather data, provide a plan and develop a permit application. This work is being done by a number of engineering firms, but under the leadership of Coastal Engineering out of Boca Raton, Florida. The County has spent in excess of $1,000,000 developing data to support a permit application, looking for a sand source for the renourishment and contacting FDEP and Army Corps of Engineers for pre - application work. The work has culminated in an application for a permit that has come before the Coastal Advisory Committee and has been recommended to the Board of County Commissioners for submittal to the FDEP. This recommendation also went to the TDC Council and they also recommended submittal of the application to the FDEP. This has all occurred within the last two to three weeks and the recommendation should be before the Board of County Commissioners this month, with the hope that they will act on the recommendation. Mr. Roellig continued, "One of the items discussed is that the County staff has prepared a funding proposal on how to spend the money collected by the TDC ". In March or April the Coastal Advisory Committee prepared a draft proposal. County staff is talking about making beach access the number one priority for TDC funds. The Coastal Advisory Committee feels this 5351 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 B 51, is inappropriate for a number of reasons. One of the reasons the Advisory Committee feels it is inappropriate, is that when you total up what the County staff is looking for in the way of funding for beach access, you are somewhere between $75,000,000 and $100,000,000. Mr. Dunnuck talked about using TDC Funds, but the fact of the matter is that TDC Funds for this activity for maintaining the beach amounts to approximately $6,000,000 - $7,000,000 a year. Obviously if access was the first priority, you would probably never get around to beach maintenance. In coordination with the TDC, the Coastal Advisory Committee has prepared an alternative policy. This policy provides that the maintenance of the beaches is the number one priority for TDC Funds and the second priority would be maintaining beach facilities. Providing beach access would be the last priority and after maintenance of the beach and facilities, there would be little money left for access. The policy is coherent and you have to keep in mind that it was prepared by two Committees, meeting separately and each consisting of nine to ten members. The policy has received approval of all Committee members, except for one, and unfortunately that is the Chairman of the County Commission, who is also the Chairman of the TDC. I will be talking to the County Commissioners to provide a personal briefing on the policy and attempt to answer any questions that they may have. I believe everyone recognizes that our policy is contradictory to what the staff has prepared and I have to say that staff has prepared their recommendation without public meetings. The TDC and Coastal Advisory Meetings are public meetings and open for comments from the public. Mr. Roellig stated, "1 have reviewed the permit application and it appears to be good; might not be exactly what we would do if we were going to fund it, but we are not going to spend $275,000 to put together a permit application ". The idea of beach renourishment for access and excluding other areas is faulty from an engineering standpoint. If you have a segment that gets eroded and you put sand somewhere else, it will quickly move to the point of erosion. Mr. Roellig explained, `The plan and permit for Pelican Bay is to provide nourishment for all of Vanderbilt Beach and south approximately 1,500 feet to the approximate location of the Sandpiper'. We don't want to get a large amount of sand too close to Clam Pass because we don't want sand that could be easily moved into the pass and block it. North of the pass has a 5352 PELICAN BAY SERVICES DIVISION SON BOARD October 1, 2003 rather generous amount of beach at the present time, so I don't think there is any need for additional sand at that location. As far as the funding policy, the policy recommended by the Coastal Advisory Committee and the TDC, is for 100% funding with TDC Funds for the portion of the beach starting at the Ritz Carlton Hotel and extending south for one -half mile, which is approximately the location of the last condominium in Bay Colony. The remaining portion, south to the Sandpiper, would probably end up being a cost sharing, depending upon what is decided by the County Commission. The TDC could provide 40% of that funding, which I think would be equitable and could be a cost that this Board would want to look at. The estimate in the consultant's report is $1,300,000. Their plan is to provide a beach that five years after renourishment would still be 100' wide, from the vegetation line to the high water mark. Whether or not we would want to fund part or all of that is something that I believe we will cover over the ensuing months. I am very comfortable that the County will move forward with securing the permit and securing a permit does not obligate you to renourish the beach. I feel it is a good plan and I am relatively neutral on the funding. Mr. Carroll asked, 'Who would pay the 40 % "? Mr. Roellig replied, 'That would come out of the TDC Funds ". Mr. Carroll asked, "Does that mean that we would have to fund 60 % "? Mr. Roellig replied, "Correct ". The other way to look at it is that our funding policy would extend 100% south to the Contessa, so that would reduce it somewhat. I would hope that since there is total agreement between two advisory boards that the County Commissioner's would follow their recommendation, but they don't always do that. Some people on this Board are reluctant to accept TDC Funds for the Pelican Bay beach, but if the County is willing to spend TDC Funds to go as far south as the Contessa, 1 am not sure of any option we would have of refusing that funding and I am not sure we would want to refuse it. Mr. Domenie asked, 'What is the timing on this renourishment"? Mr. Roellig replied, `The current schedule is to initiate construction in November 2004, which is the end of turtle nesting season ". In this type of project you just have to pick a time. When you get into the permit process it is out of our control. We are optimistic that there will not 5353 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 be an undo amount of opposition from the State and Federal Government because it is a routine renourishment and not something that should generate a lot of opposition or questions. Mr. Staros stated, "Since a great portion of the TDC Funds are collected from the Ritz Carlton and Registry Resort, to give you a generic number, no less than 20% and not more than 25% of all of the County's collections come right from this stretch of beach, one would think that there would be a greater percentage than 40% of funds on the table ". One would think there would be a great percentage of funds paid for exclusively by the TDC since 20 % -25% of all of the taxes are generated between the two hotels. Mr. Roellig stated, "It is my perception that there are a couple of County Commissioners who are predisposed not to provide any TDC Funding to Marco Island, which also provides approximately 25% of the funding ". Mr. Sutphin stated, "I want to understand in summary what Mr. Roellig has said ". The Advisory Committee's recommendations are diametrically opposed to what staff is recommending, so depending upon how the Commissioners vote, this could become a non - issue. If they support staff, there will be no TDC Funds for beach renourishment. Mr. Roellig replied, "Correct ". Mr. Sutphin stated, `This is pointless to discuss until the Commissioners vote one way or the other". Mr. Roellig stated, "At the last crucial meeting, the County staff put in a request for approximately $17,000,000 to buy property". We don't want to get into a tug -of -war with them, but that issue as tabled because it would dry up all of the funds and we could not support it. We are nearing the end of the life span of our renourishment and if we don't renourish within the next couple of years, it is only going to get worse. The plan has always been to renourish after eight to ten years. If we were going to spend time acquiring access, another ten years would pass. Mr. Dunnuck is disingenuous as far Federal funding goes and I have a lot of experience in that. We are also asking the County Commission to initiate a project with the Corps of Engineers to handle the Federal funding. The Corps of Engineers is spending approximately $45,000,000 in this State and approximately $10,500,000 is coming to Southwest Florida. Collier County is 5354 PELICAN BAY SERVICES DIVISION BOARD 8 October 1, 2003 getting a big goose egg and always has, but it is time for us to get on the bandwagon. The problem is, the kind of project we have been looking at requires studies, going to Congress for authorization and funding and to be realistic approximately ten years. If we don't start today, we won't have it ten years from now. Mr. Sutphin stated, `That doesn't solve today's problem ". Mr. Roellig replied, "It doesn't solve today's problem and will not solve the problem for ten years ". The other thing I find disingenuous in talking about beach access is that the Federal Program requires that at least half of the benefits come from storm damage reduction. You have to build a project, which in this case would be beach renourishment, which would reduce storm damage and even though he applied it, it is not true that they are that worried about recreation. In fact, if your benefits are more than 50% recreational, it doesn't qualify for Federal Assistance. Recreation is not a big deal with the Federal Government. We do have a lot of foreign visitors and that is a direct benefit to the US economy, but recreation, as a benefit to the US economy does not really change the national economy. Mr. Dunnuck's comments about that are not necessarily accurate. HYRODYNAMIC MODELING Mr. Roellig explained, `The Hydrodynamic Model is up and running ". It appears after the initial run that passing water north to Vanderbilt Lagoon would not provide a significant benefit to the mangroves. What is important about the model is that it has been verified and will be useful to us in looking at various alternatives. The Sub - committee has asked the consultants to come up with some recommendations for the Annual Report, which is due in November. CATTAILS Mr. Roellig stated, "The consultants are looking at various alternatives, but the cattails appear to be under control at the north end and will be included as part of the Annual Report". Mr. Roellig explained, 'We have some obligation on a Work Order relating back to beach renourishment". The County has spent approximately $1,250,000 on the hard bottom survey and sand search and has asked us to help support this work in the amount of $34,000 for the portion of the hard bottom survey that was done in Pelican Bay. I believe we have indicated that this 5355 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 would be helpful to us for our permitting purposes in the future and I would like to make the recommendation that we provide this reimbursement to the TDC in the amount of $34,000. Mr. Carroll asked, "Is this in the budget "? Mr. Ward replied, "We don't specifically have these moneys budgeted, but within the Clam Bay Funds we allocated approximately $150,000 for undefined projects and this can fall into that category". Mr. Roellig moved, seconded by Mr. Domenie and approved unanimously for reimbursement of $34,000 to the TDC for a portion of the Hard Bottom Survey done in Pelican Bay. BUDGET SUB - COMMITTEE MANAGEMENT REPORTING Mr. Sutphin reported, 'The Budget Sub - committee held one meeting since the last Pelican Bay Services Division Board Meeting and two basic issues were discussed ". One issue was Management Reporting. We discussed the apparent consensus of this Board that we go ahead and change to the new County reporting system and Manager's Overview as part of the monthly reporting package. The Sub - committee unanimously endorsed that change, effective the start of the new Fiscal Year. Mr. Domenie asked, "Should we approve the Minutes before making a motion "? Mr. Sutphin replied, "The Sub - committee approves their own Minutes ". Mr. Sutphin moved, seconded by Mr. laizzo and approved unanimously the change to the new reporting system, effective with the new Fiscal Year. BUDGET PLANNING Mr. Sutphin explained, `The bulk of the Budget Sub - committee Meeting dealt with Long - range Planning ". We are in the phase that deals with our basic Mission and Objectives. We discussed three approaches to dealing with our Mission. I defined that as the old Sears advertising approach of "Good, Better and Best". The good being, focus on minimizing expenses and only providing those services that are absolutely necessary to the functioning of the 5356 LA PELICAN BAY SERVICES DIVISION BOARD 6 October 1, 2003 community, with the objective being to keep assessments and ad valorem taxes to a minimum. No one on the Sub - committee supported that approach. I would also like to point out that Mr. Staros was not in attendance at that meeting. Mr. Sutphin stated, `The second approach is "Better". Mr. Nordhoff defined this approach as "running in place ". It would be continuing to do what we have been doing in terms of services and infrastructure and capital spending, which we feel would over time result in a further widening of Pelican Bay versus what we would define as "Best in Florida" or "Best in Southwest Florida" in terms of our community. While it would tend to stay as it is today when compared to newer or upscale communities, where we would suffer in relative comparison. Mr. Sutphin continued, `The next option is to over time improve the infrastructure and the general appearance of Pelican Bay with the long -term objective of being as good as the "Best in Florida ". Implicit in that are higher levels of spending, higher assessments and very possibly debt financing for major, major capital projects, in the form of a bond issue at some point down the road. The three members of the Sub - committee that were present at the meeting agreed that of the three general choices, this was the preferred one. Before we go any further, I would like to get some feeling from the rest of the Board as to whether we are on the right track or whether we should tear up that piece of paper and start over. Mr. Harrell stated, "I love reading your Minutes, you people sound intelligent ". I believe your Sub - committee is on the right track and going in the right direction. I am really anxious to see the fruits of your legwork. It really says exactly what we have always talked about, levels of service. Where are you going to put the community, what is it going to look like and what is it going to act like? The 10% keeps running the 100 %; 1 call it the 80/20 rule. Mr. Spanier stated, "I think that this has to go back to the drawing board, although in reading the Minutes I was impressed by the imaginative approach and the detailed discussion ". 1 really think that you predefined out of existence what it was that I hoped this Sub - committee would work towards. I don't think there are only three choices. I don't think that elimination of the third option at the outset, before discussion, was a good strategy and I don't really agree with the notion that the target for Pelican Bay is to be the "Best in Florida ". 5357 PELICAN BAY SERVICES DIVISION BOARD v ' -AV 151 October 1, 2003 Mr. Sutphin stated, "Don't misquote me, I didn't say that ". Mr. Spanier replied, "I read the Minutes in detail and I have some reactions to it". I think it is within the realm of reason, in my own point of view and experience with people, that we want the community to be in the top tier of communities in the State of Florida. I have not heard any outcry for `The Best in the State of Florida ". I don't think that the mission ought to be aimed, in time or tomorrow, at reaching `The Best in Florida ". I would suggest that the Pelican Bay community continue to be ranked in the top tier of communities in Florida. Mr. Carroll stated, "I don't sense what Mr. Sutphin was talking about is different than what You just said ". Mr. Spanier replied, "I sense it and that is why I am making my own comments ". I feel top tier is different than Best in Florida ". Mr. Sutphin stated, "I feel it is definitional and if I misspoke, then I apologize ". I also feel that when I said that there were three options, it was three points in a spectrum that runs from red to violet and there are shades that blend "A" with "B" with parts of ,C ". If Mr. Spanier feels that we should seriously consider rock bottom spending and deterioration in the community.... Mr. Spanier interrupted, 'That is not what I said, why not let me make the comments that I want to make "? Mr. Sutphin replied, "Please do ". Mr. Spanier continued, "If we merely have a definitional difference on what we are aiming towards, that is good ". I think, however, that it is very important if we are going to review from a zero based perspective, which I don't consider rock bottom, that we consider what it is that the community must deliver by mandate in the areas of activity and whether what we are using as our baseline is what we are getting from the County. To use an illustration in the Security area, the fact of the matter to reiterate the point of contention in that area, the issue is what degree of security service above and beyond what we are entitled to by delivering one -third of the revenue of the County to the County through our tax contributions, are we entitled to get from the Sheriff's department? That question was raised several times in the early discussion and was never really answered. If we had no supplemental service for $400,00 4500,000 a year, what sort of Sheriff 5358 4 •V ' A PELICAN BAY SERVICES DIVISION BOARD '- October 1, 2003 patrols and security would we get? Until we know the answer to that question and I think it has to come from the Commission and the Sheriff's Department, we can't begin to ask ourselves realistically how much supplemental service is necessary to provide us with the level of total security that is necessary in the community. I am saying that we have to address the basic question of, if we are to receive or are receiving that fair share of County service that we are paying for, what is the minimum supplemental service that is necessary in the community? I don't think you have even begun to discuss that basic concept in the approach to this seven month long study on the budgetary process. Mr. Carroll asked, 'Where are you going with this "? Mr. Spanier replied, "I am going right where I want to go, which is to the fact that we have not addressed the zero based budgeting issue ". I think the Sub - committee has to go back to the drawing board. Mr. Roellig stated, "One of the things that has surprised me about Collier County is that they are proud of the fact that they provide a rural level of service ". Those of us who never lived in a rural area have found that we are not interested in that. A rural level of service is not adequate for an urban area. A rural level of service means that they come out and cut the medians couple of times a year and don't provide irrigation or anything else. There are relatively few deputies and the cities have no police departments. I have never lived in a city where they didn't sweep the streets. The County does not sweep the streets in Pelican Bay, we do. We want something better than the County provides and that is why the Division exists. Mr. Carroll asked, "Are you good, better or best "? Mr. Roellig replied, "I am willing to look at any improvements that make sense, but I don't consider what the County provides, even good ". Mr. Spanier stated, "It is a $1,000,000,000 a year operation, of which we are paying one - third and we are not getting that back ". We have to look to the source of the problem and one solution is to draw a circle around the community and tax ourselves to provide whatever level of services that the traffic will bear. The other is to go back to square one and say what are we 5359 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 r entitled to and are we getting it? If not, let's rectify that with the voice of the community and then supplement it. Mr. Roellig stated, "I have never lived in a community that was not a donor community; this is a donor community and you might as well just get used to it". Mr. Spanier replied, 11,000,000,000 a year is not a rustic, rural operation ". You may have lived in small counties. Mr. Werner stated, "My vote would be for "better". It adds bonus to replace the street signs, replace the streetlights, improve the signage, replace the berm, do the U.S. 41 median, contribute to the Clam Bay restoration or whatever else we might be getting into. That is the idea of the community that I want to live in. I appreciate the work the Budget Sub - committee has done. I just don't want to be shooting at a moving target because some community down the street has fancier streetlights, has a fancier entrance or is gated and that we should have to try to keep up with them. I would keep it nice and succinct. Mr. Burke stated, "I like reading the Minutes also, they are good ". I had trouble jumping from zero based budgeting to futuristic planning, but I like it. I would be a supporter of "best ", maybe it isn't this Sub - committee that gets into that kind of thing, but I don't think that would hurt us. There were some things in the Minutes that I had never thought about and maybe we will never do, but is the thinking that would keep us going on down the line. We are starting to be a tear down community and there needs to be things happening to keep us moving forward. The Mission Statement says, "strive" and I don't think that five years from now we want the number one ranking, but I think it is something we should always be striving for. Mr. Carroll asked members for their choice. Mr. Werner, "Better". Mr. Nordhoff, "Best" Mr. Burke, "Best" Mr. Domenie, "Best" Mr. Harrell, "Best" Mr. Carroll, "Best" 5360 PELICAN BAY SERVICES DIVISION BOARD ' October 1, 2003 Mr. Roellig, "Best" Mr. Sutphin, "I do not see it as the job of the Budget Sub - committee to determine the mission, that is the Board's job ". What I am trying to do is implement a planning mentality and before you can budget, you have to decide what you want to be when you grow up. I don't disagree with Mr. Spanier's comments, but it gets to the inherent property tax structure that we have and you sound as if you are advocating in the revival of considering Pelican Bay becoming a city and my Sub - committee is not going to go there. I am considering "Best ". Mr. Spanier, "Better". Mr. Staros stated, "I think you have to plan for the best in order to even possibly get better". Until you put your plan on paper where you can say how good can good be, and sit down and evaluate what budget constrictions we have and say okay in order for us to be the best or top tier, it is going to be "X" dollars. Well we only have "Y" dollars, so maybe there is something in between what we have and the wish list items, but you have to have the wish list in order to organize what you are going to spend. My vote would be to plan for the best and then come back to reality to where you are budgeting your funds. Mr. laizzo, "I have enjoyed being on the Sub - committee ". It started out very nicely and ended up going to being the "Finest in the Southwest Florida ". If you think about it, we are laying another level of cost on our budget that is already pushing the limit. Can you imagine where we are going? It is going to be big bucks and if we are going to go that way, we had better inform the residents of Pelican Bay of where we are going. We are not going to run unless we have the support of the community. Again, I would like to bring up another point. On July 2, Mr. Carroll stated, `The first thing I want to do is appoint a Budget Sub - committee. Based on our Budget Workshop it appears that the sense of the Board is that we need to look hard at the Budget, not during the budgeting process when the time gets away from us ". Mr. Carroll, What did you mean by that? Mr. Carroll replied, 'What I sensed was that we rush into the budgeting process starting in May and we don't have time to really deal with these basic things that your Sub - committee has been talking about, with regard to levels of service, etc. ". Let's start right now, which was 5361 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 August, and look at this entire process. The process has pretty much been that Mr. Ward puts the information together and brings it to us and then we massage it. We said that isn't good enough and we want to go back and look at the entire process. What I have seen your Sub- committee do is not jump right into numbers and budgets, but step back and say levels of service. I wasn't fine tuning it in my thinking well enough to put it that way, but in my judgment that is what evolved from the Sub - committee's work. I can only be pleased with what I have heard so far. Mr. Spanier was worried about us spending millions of dollars that we don't have, but I think targeting is a good idea. Mr. laizzo replied, "As far as being the "The Best in Southwest Florida ", I think we are already there ". When you look at the northern part of Collier County, there is a total taxable area of $13,000,000,000 and Pelican Bay sits at $4,000,000,000. That tells me that we are tops in this area. I don't know that we need to compete with the rest of the State of Florida. We are tops right now and we need to maintain that. I don't think we have to shoot for the stars; we have to maintain our characteristic here and pay for that characteristic to stand through the years. We may have to change as we get down the line, but let's not shoot for the starts right now. Mr. Staros explained, "On Monday I am presenting a Fifteen Year Capital Improvement Plan for the Ritz Carlton, Naples ". I am not saying we are going to do all of the things in this Plan, but at least we put it on paper and are visionary enough to say, where do we want to be fifteen years from now? We are visionary enough to say how long are these boilers going to last, how many more years is the roof going to last, how many times am I going to renovate the guest rooms, etc. and I have it all down on paper. That doesn't mean I am going to do it all, but it at least it provides me with the road map to success and that is what I think we should be doing in our budget process. Mr. Werner asked, "Don't you think we do that in our Five Year Plan "? Mr. laizzo replied, "Sure we do ". Mr. Carroll stated, "We could go on forever on this ". Mr. Sutphin, did you get the sense of the Board "? 5362 C. 1 #� PELICAN BAY SERVICES DIVISION BOARD 1 October 1, 2003 Mr. Sutphin replied, "I get the sense that it is somewhere between "Better" and "Best ". If I said "Best in Florida" that is obviously unattainable because, first of all, I don't think we could define what it is. I like "top tier", but there are a couple of areas that I think everyone needs to understand if we are going to proceed in this direction. Number one, in all likelihood, it is going to cost higher levels of spending than we have historically had. Second, and equally important, I think to embark on an improvement program where we are spending taxpayer's money, we and the Foundation have to be of a common mind and have a commonality of objective. If that doesn't exist, then I think we are wasting our time and ultimately the taxpayer's money. Mr. Carroll stated, "I believe we have gone as far as we can right now and I would suggest that you take this input back to the Sub - committee and see if you can help define something between "Better and "Best ". Bring it back and let's work it again. I think your point about the Foundation is good and we need to link in with them somehow. I can talk to Mr. Trecker and I think it would be important if I can get him to attend your meetings. Unfortunately, he is not going to be here, so I am going to try to get Mr. Seblatnigg to attend your meeting. Mr. Sutphin stated, 'The Foundation can have more than one member attend because they are not subject to the same restrictions that we are ". ADMINISTRATOR'S REPORT CAPITAL PROJECTS U.S. 41 MEDIAN LANDSCAPING Mr. Ward stated, 'The U.S. 41 median landscaping is on target and should be completed in the early part of November". Mr. Carroll stated, "I thought the deadline was November 1, but as I read the write -up it is November 7 ". Is that palatable? Mr. Ward replied, "Yes ". I am somewhat concerned that they are a little behind, but it is because of weather and they should be able to meet those deadlines at this point in time. COMMUNITY ISSUES SIDEWALK OVERLAYS AND REPAIRS Mr. Ward explained, 'The sidewalk overlays are essentially complete with the exception of one road and Transportation has been requested to finish that one section that has not been completed ". 5363 PELICAN BAY SERVICES DIVISION BOARD -13,5 October 1, 2003 COMMITTEE REQUESTS WATERSIDE SHOP EXPANSION Mr. Carroll asked, "Mr. Harrell can you provide us with an update on the status of the Waterside Shops expansion "? Mr. Harrell explained, "On August 20th we were scheduled to go before the Collier County Planning Commission and at that time we were continued because of the beach access issues and rescheduled for September 18th". One September 18th we were told we had not filed a DRI Application and had not paid the applicable fees and we were indefinitely continued. Pelican Bay is both a PUD and a DRI. The day after that meeting on September 18th, the County found the application that we had submitted April 10th and admitted that they had lost it and that we had paid the applicable fees. They told us that it was nothing that we had done and that it would be three or four months to get back on the agenda. Just before I came to this meeting, I was notified that on November 6th we would again appear in front of the Collier County Planning Commission and that on November 18th we are scheduled to appear before the Board of County Commissioners. It does not appear that we are going to have any other issues tied to us, although the Board of County Commissioners can certainly ask those questions. The Board will ask questions and staff will answer them, but it does not appear we will get much of anything other than a discussion of traffic pros and cons. It has been a long issue of bureaucracy, but I think we will see it come to its' conclusion as we get there. Mr. Carroll stated, "Your experience is somewhat similar to the Foundation's in getting permits ". Mr. Harrell replied, "I believe that experience is universal ". CONSIDERATION OF BOARD RULE FOR RECONSIDERATION OF ITEMS PREVIOUSLY ADOPTED Mr. Harrell stated, "One of the things that came up at the last meeting was about security, but it has come up many times in the years that we have been here ". When the Board was established many years ago, Robert's Rules of Order were adopted and in any group you can adopt any rules you want. You can modify, or do anything that you agree to and that is a fair thing to do. If we followed Robert's Rules of Order that would be very strict for us to do and we 5364 PELICAN BAY SERVICES DIVISION BOARD October 1, 2003 would all have to take a class in it and be very knowledgeable on points of order, etc. With that being said, one of the things that I think we need to adopt and the security issue brought it to my attention and is something we all need to look at. We all ought to look at; whether we are on a pro side or the con side of any issue is that an issue cannot be brought back up again for a vote except by someone who voted affirmative for the issue rather than against it. It is easy for the people who lose on an issue to want to revisit the item. I have great respect for those who voted no on that particular issue. Whenever there is a decision that is not unanimous, we have to support what that Board did. It certainly does not do the Board any good to keep bringing these issues up and re- addressing them because it was unfavorable to a minority. I just thought that we should have an understanding that we as a group would work under those confines. I am throwing that out for consideration and we need to go on with our work and we have a lot of it. Mr. Carroll stated, "Robert's Rules say exactly what you have said and I don't know that we need to adopt it ". We should already be functioning that way, but I didn't manage it that way. What you said makes a lot of sense and I don't think we need a motion to that affect, if it is just simply saying that we are going to continue to follow that rule. Mr. Burke asked, `The majority has adopted an item, can you provide me an example of an item where that happened ". Mr. Harrell replied, `The bike path, where we had a swath of Pelican Bay striped as a test and we asked residents to come and talk to us about it ". We filled the room and the motion did not pass, but it tied, which means it didn't pass. If the motion was to have bike paths and the majority said yes and the minority said no, then someone voting no could not bring it up at the next meeting for reconsideration. Someone who voted yes could. Mr. Burke asked, 'Why would those that prevailed want to bring it up "? Mr. Harrell replied, "He may have had second thoughts or that I have a different feel now for what I voted on ". That issue be brought back up and could change the vote. FINANCIAL STATEMENT REVIEW 5365 PELICAN BAY SERVICES DIVISION BOARD 0.5 October 1, 2003 Mr. Ward reported, 'They are fine ". Year -end came out well and we will be going through the audit over the next couple of months. The Fund Balances should be buttoned down over the next thirty days, but there is nothing significant that will come to light as of September 30tH Mr. Carroll asked, "In October do we get a September 30th report, or do we get a full Fiscal Year Report"? Mr. Ward replied, "We wait until the audit is finished and when it is, I will provide you a September 30th financial sheet for the entire year". That will be during December. AUDIENCE PARTICIPATION Mr. Don Levenson — Chateaumere — On the last subject of "Good, Better, Bad ", we are twenty -five years older than Fiddler's Creek, and so they are starting out with modern items ". There are certain values throughout the country in older, warmer communities where the trees grow larger and the buildings have a little different look. What is going to happen in Pelican Bay, in my vision, is the look as we tear down the buildings and somebody wants to buy a double lot and put up a huge mega - millionaire home. Somebody will buy the Chateaumere Condominium Association because it is twenty -years old; tear it down and build something modern. What we are aiming for long- range, in my opinion, is that we are going to become a community for the mega - millionaires. 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O c a (D * • D OD � f O p- OQ_I � • 3N rno =•n @ O no -� o IZ 'N� < 0=0 0 3 cO 'a '"� - rr 3 ai � U m -� q (D to rD -� V1• < - �p-r0 =*0 N W o C M QC �� = o 5 a0 d 3 `, °i t<-v pOO� -n -n n '�� O =n O �� e=f3D = �r <rD O =� oj n� ��*� rt� n' �p 7rw-I E; -rrt rD -- Or<- DErT<? g o w rD O�prt dCpppnj -� rD0 UD3 -w,� 5•o = U) w rpm= _< n :3 --w rD�� -°�m= o EP �n n -I r) (D a,� v,cnA� �. �p-� ANC) =M'a 01 < -. o�= � �o rn a o-0 Q OrtN <<ao fD'� c "a (D�- =r d 0rD �0 OL o <cr �� C —•o a =a, rD = CL.- M rD n' a� 1 6(l� n 0 3 3 • rt rt O MT 13 O Wt rt Deputy County Manager Leo Ochs October 22, 2003 Review of Pelican Bay Issues Pelican Bay Services Division and Foundation 1) Jim Ward's situation 2) Division of Responsibility PBSD- Foundation - County 3) Concern for time to get permits Bar Waterside Parking lot extension Community Center 4) Issues Oakmont extension Beach Access/Garages Waterside Cap `d Antibes 1 1)1 -475 1, 10/20/03 Jim Carroll PBSD Chairman Gerhard Seblatnigg Foundation Board Member Commissioner Halas October 22, 2003 Review of Pelican Bay Issues Pelican Bay Services Division and Foundation 1) Jim Ward Situation 2) General feeling about length of time to receive permits Examples — Sandpiper Bar -- Community Center -- Waterside 3) Beach Access/ Garages North & South WCl/County suit 4) Oakmont Extension 5) Cap `d Antibes- Foundation approach 6) Letter from Sheriff Hunter Jim Carroll PBSD Gerhard Seblatnigg Foundation 10/20/03 051 Pat Bush 10/17/03 Subject: The Post For the last several months I have felt that the Services Division needed to deliver more background on what we are doing and what plans we have for the future. Chris Sutphin's coverage of the monthly Board meetings are very well done but I believe there is a need for sub committee coverage and for special articles on issues of great interest to the community such as Waterside, Beach access and Coastal Advisory Committee positions. As we discussed, I feel our position in the Post does not do enough to encourage resident reading. The Foundation coverage of their issues is well done and quite comprehensive and, in particular, well positioned in the paper starting on page 1. The Post is a Foundation publication so they should have front page priority. PBSD is second priority and I appreciate that but Chris's articles end up on page 15 or 16 and other articles further back. My plea is for your consideration of the following: 1. In the left hand column on the front page some reference to PBSD articles and their page numbers. 2. On the first page of the PBSD articles (say page 15) feature our logo — Services Division Advisor- large and in color if possible and as near to the same page each issue as possible. It is my intention to encourage Board members who contribute articles to the Post to stick to the high road. Writing rebuttals to articles only begins a back and forth exchange which must be confusing and annoying to the residents who read the Post. Thanks for your help. Jim Carroll `9 1 TO: Pelican Bay Services Division Board Members 10/203 1/2003 Subject: Communications There is a need to increase our communications with the residents and commercial interests in Pelican Bay. Our Pelican Bay Advisor published in August was very effective but for cost and other reasons we should produce the Advisor only once or twice a Year. That leaves the Pelican Post as our principal mode of communications and I have worked with Kyle Kinney and Pat Bush, the Foundation Board Director, and Sharon Hood, the owner of MarketCrank and the publisher of the Pelican Post, to improver our coverage in the Post. The Post is supported by advertising but is a Foundation publication and they therefore control what is published. I have requested that our presence in the Post be improved per the attached e-mail to Pat Bush and she will review this approach with the Foundation. That brings us to the role we need to play to effect this new level of communications. First, I would like Chris Sutphin to continue writing up the monthly Board meetings and placing these articles each month in the issue following the Board meeting. The editorial deadline for the early December Post is November 7`h, 2 days after our Board meeting Second, I would like each Sub Committee Chair to either write an article or appoint a committee member to do so once a month. Because the Post is published twice a month from November thru May, the sub committee reports should be submitted for publication in the mid month Post unless there is good reason to include in the early edition. The mid December articles for example, must be submitted by 11/21. I see us having much to write about whether the sub committee meets or not. For example, the Clam Bay sub committee covers the following areas of interest: a) Beach renourishment b) Beach maintenance c) Funding of Beach renourishment using TDC funds or other funding. d) Coastal Advisory Committee position on funding Beach renourishment e) Beach access f) Mangrove rehabilitation g) Mangrove maintenance h) `Test area" west of the North berm activity. i) Major improvement in appearance of the test area and the cattail area west of the North berm. I have talked to Kay Potter regarding items f &g and asked her to coordinate with David Roellig or his designee to avoid overlap of Post write -ups. Third, there will frequently be a need for me to ask one of the Board members to write a special report to be published in either the early or mid month issue of the Post. 0(1 For December I would like to have Glen Harrell write an article covering the status of the Waterside expansion for publication in either the early or mid December issue. At our monthly meeting, Board members will be encouraged to suggest special reports and authors and I will try and decide if they are timely and appropriate. Coordination There is a certain amount of coordination that will be required to be sure deadlines are met and the presentation in the Post is per our understanding with the Foundation and MarketCrank. We will ask Jim Ward's office to play a role in this coordination. Mr. Ward's office will need to coordinate with Gwen Rasiwala who performs this function for the Foundation. PBSD Board members can ask Jim ( or more likely Barbara because she is here full time) if there are questions or problems. Guidelines Let me repeat one paragraph which is in the e-mail I sent to Pat Bush. We can discuss this at the Board meeting if you feel the need. " It is my intention to encourage Board members who contribute to the Post to stick to the high road. Writing rebuttals to articles only begins a back and forth exchange which must be confusing and annoying to residents who read the Post ". In Closing All of this is a real attempt to let the people of Pelican Bay know about what we do and how we spend their tax dollars. We should take a look at how this is working in about six months to see if it needs fine tuning or significant change. Jim Carroll Cc Dave Trecker, Pat Bush, Kyle Kinney Jim Ward 16( 11 B5 V GOVERNMENT AFFAIRS CONSULTANT It is proposed that the Pelican Bay Foundation hire Dr. James Carter, former Collier County Commissioner, now in private practice, as a Government Affairs Consultant. ROLE Dr. Carter's role will be to represent the Pelican Bay Foundation as spokesman in non -legal matters involving the City of Naples, Collier County and the State of Florida. He will report to the Foundation Board of Directors. • To attend and, where appropriate and with guidance from the Board of Directors, speak on behalf of the Pelican Bay Foundation at county government meetings and other gatherings where the interests of Pelican Bay are at stake. • To represent the views of the Foundation, write articles and make presentations on behalf of Pelican Bay on subjects of current interest. • To consult with legal counsel of the Foundation to ensure a position consistent with the legal interests of the Foundation. • To report to the Board of Directors at its monthly meetings. TERM - November 1, 2003 - November 1, 2004 COMPENSATION To be determined. This proposal is contingent on Board of Director approval Of compensation for Dr. Carter. 85� MINUTES BUDGET SUB - COMMITTEE October 8, 2003 Naples, Florida LET IT BE KNOWN, that the Budget Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, October 8, 2003 at 3:O0.P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. David Nordhoff Mr. John laizzo Mr. Edward Staros ALSO PRESENT: Three (3) Pelican Bay residents; four (4) Pelican Bay Advisory Board members, Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward. Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of Minutes of the September 10, 2003 Meeting 3. Audience Comments 4. Review of the Fiscal Year 2004 Budget 5. Discussion - defining "The Mission" 6. Review of Strategic Objectives 7. Committee requests 8. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show all members present. APPROVAL OF MINUTES OF THE SEPTEMBER 10 2003 MEETING Mr. laizzo moved, second by Mr. Nordhoff and approved unanimously the Minutes of the September 10, 2003 AUDIENCE COMMENTS No comments were received from the audience. REVIEW OF THE FISCAL YEAR 2004 BUDGET Mr. Sutphin stated, 'The first thing that I would like to discuss is a review of the Fiscal Year 2004 Operating Budget, which Mr. laizzo among others, has been vocal in feeling is part of the task of this Sub - committee ". I have done a top down review of the Fiscal Year 2004 Budget and I found that in non - capital spending, excluding Security, which I omitted because I think it is a 45 Budget Sub - committee October 8, 2003 separate issue, in excess of 60% of budgeted spending is in three line items. It is actually four, but I have taken the liberty of combining two of them and those are Personal Services, which account for 42% of spending, Other Contractual Services, those things which for whatever reason are contracted to third party suppliers, comprises 13.5% of the budget and then in a very tangible area, fertilizers, pesticides and mulch comprise 5.1% of the spending. Those three items account for in excess of 60% of the non - capital spending that this Board is in control of. I felt that if we got a handle on those three items, it was either going to say we were in good shape or that perhaps we should go farther and start looking in detail at more specific line items, the aggregate of which is 40 %, but in and of themselves are very minor parts of the total. I happen to think that the key to this is people, because people spend money. When you hire somebody they not only cost you salary and fringes, they use the telephone, consume supplies and goes way beyond head count. I feel that is an ideal place to start. There is also an e-mail from Mr. Spanier addressing the same issue, which I have not had a chance to review, but I will. I do not feel that getting into a detailed analysis of these items is practical in a public meeting, with all of the Sub- committee sitting here. Lord forbid we try to do it at the Board level, it is just going to be overwhelmingly time consuming and cumbersome. Mr. Ward, do you agree that it is not practical to do this in Committee? Mr. Ward replied, "Yes, it is very cumbersome and almost impossible to do ". Mr. Sutphin stated, 'With the Sub - committee's concurrence, Mr. laizzo, since you have been the champion of this approach, I would like to request that you take this on ". Mr. laizzo stated, "It appears to me that it is a problem during regular sessions when we don't seem to have the time ". This year, in two sessions in which we had other activities, we went through a $4,000,000 budget like greased lightening. When the bottom line fell out and we saw that it was 21.5% above the prior year, we got a little upset. Not me in particular, but Mr. Carroll simply said that we have to do something about this and we lobbed off $200,000 from the Clam Bay Restoration Program. The Board brought the total down to approximately 11 % above last year's budget. This was an indication to me that we needed to look at each line item and 46 Budget Sub - committee October 8, 2003 16 (1 "", 45 1 question it and understand it. I trust these numbers, but we have to verify them so that we feel that we can move ahead with the Fiscal Year 2005 budget. If we don't look at line items now, we have accepted this budget and therefore anything we lay on top of here will never be interrogated, looked at or investigated. I think our process is going into an enhancement program that could take five years and that is going to be an increase in a budget that already exists. Before we go that path, I think we have to understand this budget. I would appreciate it if we could go through the budget line by line. That is why we are here as a Sub - committee, so that we can take the time, off line, from our regular sessions to examine the budget. That is my position. If I get support on it, I suggest we move ahead. If not, then I am wasting my time and this Board's time. Mr. Sutphin stated, 1 totally agree with the first part of your statement in that we need to understand the budget ". Very honestly, I think what we did in the last budget session in playing with the capital spending to force the assessment level is okay, but let's recognize that what we essentially did was mortgage the future. We deferred capital spending on programs that looked good when they were generated and we did not touch the day -to -day operating expenses. That is why I feel if we can get a handle on three of those line items that constitute 60% of total spending, we have come a long way to understanding the budget. Mr. laizzo replied, "I can appreciate looking at three selected line items, but I would like to roll up our sleeves and take our time to understand what we are approving ". We approve a budget every year without any close scrutiny or examination. We get down to small numbers and say we don't want to micro manage this budget and that is ridiculous. We need to look at each line item and understand it. After three Budget Meetings, this Sub - committee has failed to take a hard look at the budget. Not one line item was addressed in terms of understanding its' cost, its' necessity or importance. If this Budget Sub - committee fails to take a hard look at the budget, it will also fail to learn how to implement a cost effective budget for 2005. That is my position and if get support, we look at line items. If I don't get support, then I will just ride along with the budget, end of story. 47 Budget Sub - committee ni -tnhpr A_ 2003 164�4 Mr. Sutphin stated, "I think we are missing something ". I want to look at three line items that, in the aggregate, are 60% of what we spend. If we find that there is significant savings in the first 60 %, I'll join you to go through the other 40 %. Mr. laizzo asked, 'What are the line items that you have identified "? Mr. Sutphin replied, "Personnel ". Mr. laizzo asked, 'What did you find out about personnel "? Mr. Sutphin replied, '?here is no breakdown in the budget ". Mr. laizzo stated, "When I looked at the numbers, I found that when you look at the office personnel we are paying about 33% in benefits, which is okay'. When you look at the field service personnel, you are paying 44% in benefits and I don't understand that. Mr. Sutphin replied, "I am taking the position that the fringe benefits are a direct function of employing Collier County in various jobs ". In analyzing how that 40% is composed, with the 33% of office personnel's fringe is not productive. It is what it is. Mr. laizzo replied, "It needs to be explained, that is all I am saying ". I see the numbers and I don't understand why we have to pay 44% in benefits, it doesn't make sense to me. Mr. Sutphin asked, "Is that the County salary policy for those people "? Mr. Ward replied, "Yes, there is nothing you can do about it even if you tried ". Mr. Sutphin stated, 'The only thing that you can do is decide to not use County employees ". Mr. laizzo replied, "As a rule, the County picks up approximately one -third of those benefits, not 44 % ". Mr. Ward stated, 'The number is actually closer to 44% on average for a position in Collier County, including the Administrative Staff'. As 1 have indicated before, the primary reason that there is a difference on the Administrative side is that the pension plan on the Administrative side is somewhat less than what it costs on the field side because both Jean Smith and Barbara Smith are former Pelican Bay Improvement District employees. The benefit program that any .; Budget Sub - committee October 8, 2003 7 6 t *�", County Administrative or Field Service Person has is exactly the same. Their choices are exactly the same and they seem reasonable to me. Mr. Sutphin stated, "The reason I picked fertilizers, pesticides and mulch is that they account for $132,000 in the budget and they are bought through the County Purchasing Department ". Now Mr. laizzo, if you want to go audit the County Purchasing Department, be my guest, I am not going to go there. The realty is if you want to buy fertilizer, you buy it through the County. Mr. laizzo replied, 'There is no getting away from fertilizer ". We need it, along with the mulch and pesticides, which are needed and is never a hard thing to absorb. I am sure Purchasing is doing their best in finding the best price for us and that is an assumption, I do not know that as a fact. Are they buying all of their pesticides from one outlet or are they dealing with a number of suppliers? I don't know what the process is. Mr. Ward explained, `The County's system with respect to purchasing is that if it is over a certain threshold, everything is competitively bid in a sealed bid process ". For example, when the County bids mulch acquisition, our Division is combined with Parks and Recreation and Transportation etc., and we get a fixed price for that in a competitive situation and whoever that vendor may be is awarded that contract. The County, as a whole, purchases its' mulch from one specific vendor. The same is used for the purchase of chemicals and fertilizers. To the best of our ability they are combined with other Divisions, if in fact other Divisions are using the same materials we are using. Our Water Management chemicals are combined with a bid that is put out by the County for the water management chemicals that they use countywide. You get a good price from just the volume of materials that are purchased within the Division. That is done through a sealed bid process, is generally awarded by the Board of County Commissioners and we buy off of those major contracts that the County has in place. In this particular contract, uniforms are a very insignificant cost, but with 1,000 employees in Collier County, it is not an insignificant cost and as a result of that we rent our uniforms on a countywide basis from a vendor and we get a very good price for that. We do the same thing for our annual flowers. We buy 49 Budget Sub - committee October 8, 2003 16 (1),1 X51 50,000+ plant materials each and every year and it is bid on a yearly basis and we are able to buy in mass quantities to get the best price available. That is done on every single thing we buy, whether it is a competitive quote, verbal quotes from vendors or written quotes from vendors, etc. The rule of thumb is, if it is over $1,000, there are either verbal or written quotes or sealed competitive bids on everything that is purchased. Mr. Werner stated, "It sounds as if Mr. laizzo is concerned with the percentage, but if you have someone making $20,000 a year and your health insurance is $2,000, that is 10% versus a person making $40,000, their health insurance is only 5 % ". To me, it is pretty explanatory as to why there is a difference in percentages. Mr. Nordhoff stated, "Mr. Ward has told us at previous meetings that a great majority of these expenses are out of our control and it seems apparent that he is saying that now". I was excited at our previous meetings when we were talking about long -range planning. Must we continue to wallow in these line item questions? The Budget has been approved for 2004 and this is history. In 2005 we won't necessarily just accept everything. Can't we start with the big picture? Mr. laizzo stated, 'We have been doing exactly that ". Once the budget is passed, the next budget comes in and it is accepted. Mr. Nordhoff stated, "The decision would be how much we mulch ". Mr. laizzo replied, "I am not looking for mulch ". I believe we need to sit down and talk about line items. We need to understand and appreciate these line items. If I can't get support on it, then I don't want to spin my wheels, it's not going to work. Mr. Sutphin asked, 'What is wrong with these three line items "? Mr. laizzo replied, "Nothing, I am just saying if we are going to look at it, let's look at any line item that you would like to look at ". What is the next one you have on your list? Mr. Sutphin replied, "Contractual Services ". Mr. laizzo asked, "How do you feel about Contractual Services "? 50 Budget Sub - committee October 8, 2003 1 { 1)1*"w85 7 Mr. Sutphin replied, "I don't have a clue ". Each contracted service was a product of a decision to do it by using a third party vendor, rather than staff doing it internally. Mr. Ward explained, "Generally because it was the most cost effective and proficient way to get the job done ". Mr. Sutphin stated, "Somebody has to take the time and go through every contract and examine the methodology that led to it being issued and assume it was bid properly because the County exercises very tight control over that process ". Was the right decision made? I am asking you to accept that assignment; if you don't want to accept it, we will move on. Mr. laizzo asked, "Mr. Ward can you review the Indirect Cost that we pay the County in the amount of $144,000 "? What are they doing for that money? How does it work? Mr. Ward replied, "I will pin it to the private sector ". I will use the Ritz Carlton or even my own company as good examples. In order to run those companies, there is a significant piece of administrative overhead necessary in order to operate it, from the President of the Company, the County Manager or the County Commission, down through Purchasing, Human Resources, the legal aspects of managing that corporation, etc. Those are fixed costs of Collier County. Those costs are approved by the County Commission as part of its' budget package each year and they have an outside national consultant go through their fixed administrative costs and allocate each division and department within the County it's proportionate share of the use of those administrative functions. It could be based on headcount, the number of purchase orders issued, number of checks written or any variety of elements within that study that are performed. Mr. laizzo replied, "It is a big mystery". Mr. Ward replied, "Not really'. If you read the study and the reports that the consultant produces, they are easy to understand. We get our proportionate share allocation of that. Mr. laizzo asked, "How many service divisions or similar communities to Pelican Bay does the County support or manage "? Mr. Ward replied, "As I said, every division in the County pays the same thing, so if you are in Transportation or Parks and Recreation, they all get a proportionate allocation of these 51 Budget Sub - committee q 95 October 8, 2003 fixed overhead costs, based upon the formulas that the national consultants put together and are adopted by the County Commission ". Every single division and every single department within the County gets its' fair share allocation of the cost of administration of the County's overhead. That has been a standard practice in government for as long as I have been in this business. Collier County utilizes a consultant in Atlanta, Georgia, who does this for a lot of other counties throughout the country. It is a relatively standard way of allocating fixed costs in this environment. Mr. laizzo asked, "Is the County entitled to a percentage premium for servicing or managing our community"? Mr. Ward replied, "No, it is a direct cost pass through ". Mr. laizzo asked, "And they are not in business to make money from managing us "? Mr. Ward replied, `That is not legal ". Mr. Sutphin stated, "You are dealing with allocated overheads and I think many of us have had experience in that area ". An example that is very germane to our discussion is in the discussions we had about security, everyone says it costs $500,000, well it doesn't. The cost is $400,000 and that is what we pay the Sheriff's department. The other $100,000 is a piece of Mr. Ward, Mrs. Smith and a piece of everything else that was allocated to that column of numbers that does not go away if you fire the Sheriff. Mr. laizzo replied, `The Sheriff is a different picture and I do not want to get involved with the Sheriff ". Mr. Sutphin replied, "I am talking about Direct Costs versus Allocated Costs ". Mr. Ward explained, "I think Mr. Sutphin's point, which I don't disagree with, is that with the budget of $2,600,000 which is non - capital, he is right on target with what our non - capital spending is ". A significant portion of this budget and one of the items we have spent a lot of time on, is our Personnel Cost. It does represent a big piece of this puzzle. The other major piece of this puzzle is Contract Services that we provide and our operating supplies necessary to operate this Division. The key to the budget is not the numbers on this piece of paper at the moment, but 52 Budget Sub - committee October 8, 2003 the key to this budget is the level of service and what this community really wants. If you really want to evaluate this Operating Budget, you have to start at the basic premise of what services are provided and define that and then we can do projections off of those levels of services and you can make the determination of the levels of service you want it to be. There are benchmarks that you can use to find out if they are good, bad or indifferent. I know what it costs, on a square foot basis, if you go to an outside firm to do landscaping and I know what it costs internally to do it. You can look at those kinds of benchmarks and make those decisions and determinations. You really have to go back to the basics on this budget, if you choose to do so and start with the basic premise of, is the level of service correct for what this community wants? Mr. Sutphin stated, "I agree ". While I agree that we need to understand the budget, I think it is an understanding of what services we are providing and what do we want to provide in the future? What Mr. laizzo is proposing sounds very much to me like auditing the budget and if the Chairman of the Board wants an Audit Committee, I would recommend he appoint one. I do not see it as the charter of this Sub - committee, to do a line- item -by -Iine -item critique of an Operating Budget that has already been approved. Mr. laizzo replied, 1 am not looking to do anything with the 2004 budget, I want to look at it in terms of this Sub - committee preparing for the 2005 budget ". We need to start looking, or otherwise we are just going to skim right through the 2005 budget. Mr. Sutphin replied, "I don't disagree and I am sure that if you want to learn in detail how every line item is made up, you would be welcome to spend as much time in the office as you would want ". Mr. laizzo stated, `That is not it ". This Sub - committee was formed for one reason and that was because we slid right through the 2004 budget. Our Chairman was a little upset and that is why I believe he pulled this Sub - committee together, so that we could take a hard look. 'We need to take a hard look at the budget, but not during the budgeting process when time gets away from us ", were Mr. Carroll's exact words. That, to me, says that we need to look at the 53 Budget Sub - committee October 8, 2003 1 / % 95 1 budget to understand and appreciate it, so that we don't slide through the 2005 budget in two meetings. That is unbelievable. Mr. Sutphin stated, "Since Chairman Carroll is in the audience, if it is not out of order, I would like to ask the Chairman for guidance ". If he wants this Sub - committee to do a line item analysis, then we will do it. If he wants us to move in a planning analysis of service and function, which is how I see the charter, then I would like to proceed in that direction. Mr. laizzo replied, 'That is good ". Mr. Carroll stated, "That is not an easy question to answer'. When I appointed the Sub- committee, the idea was that we did rush through the process too quickly and we all felt a little uncomfortable with not taking the time to look at anything that might appear to be questionable. On the other hand, I did not conceive a line item review at all. If the Sub - committee had come up with the idea of a line item review, fine, then that is what you would do, but I certainly didn't have anything specific in mind in terms of line item or no line item review. The process just seemed too rushed and when we got into it we were highly dependent on what Mr. Ward and his staff presented to us. In the big picture, it was the feeling that this Sub - committee needed to look at the process enough to reassure the entire Board that it was a good process and that we should trust what was being done. I think when you talk about looking at levels of service as the determining factor it does seem to me that is crucial. I keep hearing that we have very little opportunity to do much with everything the County is imposing on us, unless we want to change the level of service that we provide the people of Pelican Bay. I would like to feel that when we get to next May, when we start to look at the budget, that this Sub - committee can say to the Board that there is confidence in what Mr. Ward is doing, this process is okay and the right thing to do. Mr. Sutphin stated, 'That is how I took our charter'. You were not at our initial meeting, but one of the things we discussed was that the ultimate zero based budgeting would be to do away with the Pelican Bay Services Division and give it back to the County. Mr. laizzo replied, "There is no way that you could ever do that ". 54 Budget Sub - committee ' ' October 8, 2003 Mr. Sutphin replied, "Legally you can do it ". Mr. laizzo replied, "No way, we pay for everything that is required to maintain this community". Mr. Sutphin stated, 'When we got done, it would look like Naples Park or Pine Ridge ". That was rejected and that is my point. The fact is, we did discuss it as an option. We then proceeded to discuss different levels of services; good, better and best and I believe the consensus of the Board was something between "Better and Best" in terms of what we want for the community, long -term. There is an implicit level of spending that goes with that, assuming money is spent intelligently. I would expect that this Sub - committee would be able to produce for the Board, certainly not later than the December meeting, a first cut at a five year projection using that premise and what the attendant assessment rate would be over the five year period, allowing for inflation and other factors. The next step is to start to refine that projection. If the five -year projection on the assessment level is not acceptable, then there is no point in going any further and we have to go back to the drawing board and start over again. Mr. laizzo asked, "Is the five year plan an enhancement plan for the community, or a reserve and maintain "? Mr. Sutphin replied, "We don't have a plan ". The direction I feel we were given by the Board, was to point towards a plan that is somewhere between the status quo and becoming a top tier or "Best of Florida ", depending upon semantics, community. On other words, better than it is now, but let's not go crazy. Mr. John Domenie stated, "Last May Mr. Ward presented us with a Budget Plan and in that Plan are the levels of service that you are talking about ". The mandatory levels we cannot touch and to me those are line items. Water Management Operations are mandatory and street sweeping is discretionary. Mr. laizzo replied, "That is as close as you are going to get to a line item ". 55 Budget Sub - committee 6(f) October 8 2003 Mr. Domenie stated, "That is where I think you are going to have to make your decisions ". Mandatory, we have no way of controlling, but it is in the discretionary and essential levels where there may be some flexibility. Mr. laizzo stated, 'When you think about it, there are not that many line items ". When you look at Administration, there are fifteen line items, Field Operations has twenty line items and we could sail right through that. Mr. Sutphin stated, 'There are two approaches to management ". One is to spend executive time, and I consider this Sub - committee an executive function, counting the number of telephone calls office personnel make. The other is if the telephone bill is higher than you think it is, you fire the Office Manager, and I come from the latter school. I am not going to spend my time counting paper clips and telephone calls. Mr. laizzo replied, "That is not where I want to go ". Now you are going from the sublime to the ridiculous. Unless we are prepared to look at it, I am not going to start looking at line items. We are negative on line items, I say let's move ahead. Mr. Sutphin stated, " I suggested a line item that, in and of itself, accounts for 40% of total spending and apparently no one is apparently, but it is called "people ". Mr. Nordhoff stated, "That is what Mr. Ward does and I think we pay him to assess how many people we need, fund them, train them and manage them ". I don't want to run the people of the Pelican Bay Services Division and I am willing to accept that number and go on to Capital and other things that are more long -range oriented. Mr. Nordhoff explained, `This Sub - committee should be looking toward the future and these budgets have been done year after year and don't represent the future, they represent the current or status quo ". The costs will shake out as we look at the big picture and I don't think looking at line items is a good expenditure of any of our time. Mr. Ward is the Manager hired to do that job. 56 Budget Sub - committee October 8, 2003 Mr. Nordhoff moved, seconded by Mr. Sutphin and approved on a vote of 312 that the Budget Sub - committee look at the Better and Best picture for the future and what we can do to enhance and improve this long -term. Mr. laizzo cast the dissenting vote. Mr. laizzo stated, `As far as I am concerned if you want to accept the budget, so be it ". Mr. Sutphin replied, "Mr. Carroll may elect to appoint an audit function, but I don't see that as the job of this Sub - committee ". Mr. laizzo replied, "In that instance, we now have a majority vote ". Mr. Werner asked, "Mr. Ward, how many other communities in Collier County, other than Pelican Bay, are assessed this Indirect Cost "? Mr. Ward replied, "To the extent that they are part of County Government, they are all assessed ". Mr. Werner stated, "I mean other MSTBU's, not the Parks and Recreation Department or other departments of the County". area "? Mr. laizzo asked, "Can I get a number on how many MSTBU's exist in the unincorporated Mr. Ward replied, "There are quite a few of them ". Mr. laizzo stated, "I have read something in the neighborhood of twenty- five ". Mr. Ward replied, "There are a ton of them ". Mr. Werner asked, "Are they all assessed "? Mr. Ward replied, "They are all getting assessed their fair share, based upon the services they are being provided ". Some of the MSTBU's may be nothing more than a lighting district, which is just an electric bill, so there is not an additional assessment on them. I would have to look it up on the County system, but I will do that for you. Mr. laizzo stated, "That gives us the opportunity to do some fact finding ". 57 Budget Sub - committee October 8, 2003 07, s fi Mr. Ward stated, `To the extent that they do exist, they are charged exactly the same way that we are charged based upon the services that the Purchasing, Human Resources and Legal Departments provide to us ". Mr. laizzo asked, "How many MSTBU's are there, do you know"? Mr. Ward replied, `There is a ton of them in Collier County, I am just not sure of the number". Mr. Sutphin asked, "Mr. Ward, would you get that number for the next Board meeting "? That is an issue, a big number and I don't think it is something that this Sub - committee can deal with and would have to be taken on directly with Collier County, if we are going to take it on ". Mr. Carroll stated, "One point, building on Mr. laizzo's point, I believe this Sub - committee needs to assure the full Board that the work in the motion is being built on this existing budget process and that you are satisfied with that ". Mr. Burke stated, "Mr. laizzo, I understand and do not want to harp on a lot of line items, but the Allocated Costs are $140,000 this year and what if the County comes back next year and says Pelican Bay you now owe us $280,000 "? 1 know we can't do anything about it, but we just sit there and say okay. My curiosity would be whether or not we use any of those services. The analogy is not based on the fact that we use those services, but is it the fact we have so many employees, trucks, etc.? Mr. Sutphin replied, "There is an interesting legal issue here and I don't know if it makes any sense or not ". When you allocate an overhead to a department that is funded by general tax revenues across the County, and then you also allocate revenue to a department that generates it's own revenue, aren't you in effect double subsidizing? Mr. Ward replied, "If the statement was true, then the answer is yes, but the statement is not true in Collier County". Let's say that the County's Administration costs $1,000,000 and for lack of a better analysis we pay $144,000 into that $1,000,000. The amount that the general taxpayer pays, assuming that this is the only MSTBU out there, is the $1,000,000, less the $144,000 is what is in the ad valorem tax rate, not the $1,000,000. Budget Sub - committee 6(1 ' ,1 October 8, 2003 Mr. laizzo stated, 'What we are in fact doing is laying another level of operation and cost on top of an existing budget ". This is what we are planning to do over the next five years. We want enhancement in this community, I don't know what that is going to cost yet, but that is where we are going to go. Mr. Staros stated, "You have the mandatory, you have the essential and you are really down to the discretionary as far making any kind of adjustments and in addition to that, you want to be visionary to see what the community will need in the future ". I think the motion on the table is the right approach, to think forward over and above this. We are not going to change the County system on allocation and that is a waste of time and is like my trying to argue with my mother company about my reservation bill. Mr. laizzo stated, "It is not that, it is just trying to understand the system ". Mr. Staros replied, "I really think if you are visionary in trying to figure out what we will need in the future and present that, then let the Board vote on those kinds of things and present it to the community, that's the direction that I think makes a lot of sense ". I just finished a fifteen - year budget for Capital Improvements in the amount of approximately $100,000,000 for the Ritz Carlton Hotel, one little building. You have to put it on paper to make any sense. How many years does the roof last, how many years do the boilers last, etc. and you put a reasonable guesstimate on that and you at least have a plan as to what direction the community wants to go. Mr. Sutphin replied, "I think we are going to head in that direction ". I would like to say for the record in response to Mr. laizzo's comments I do understand the budget. There are items in the budget, functionally, that I question. I also assume competent management and competent controls at the day -to -day spending level. If others don't understand it, I would suggest that they go to the office and gain an understanding. Mr. Domenie asked, "Mr. Ward, could you provide the entire Board with an outline of what the County does for us "? For instance, they do the bidding, they do the legal, and they issue all of the checks and maintain all of the files. The other day the Transportation Department 59 Budget Sub - committee October 8, 2003 repaired a sinkhole, do we get billed separately for that work or is that included as part of that $144,000? Mr. Ward replied, "You don't get billed for it, but it would be County Transportation's normal responsibility'. Mr. Domenie stated, 'What does the County do for us for $144,000 is a major question "? That might be something you can provide a little more information on for the Board. Mr. Sutphin stated, "From my experience, most people who come from multi - divisional corporate backgrounds and have to deal with allocated overheads, have spent a lot of their life arguing and in my experience, never winning ". It's a battle you won't win. Mr. Sutphin stated, 'The next area relates to the budgeting process that we went through this spring, of having to arbitrarily juggle capital spending to force an assessment level that we felt was appropriate ". Simply stated, that is what we did. It occurred to me that we haven't addressed, long -term, how we fund our capital programs. If we are going to have a five, ten or fifteen year plan, how do we provide for the planned execution of those programs, without at the last minute having to say if it is going to raise the assessment level $50.00, we can't do it? I came up with three basic options. One is to pay as you go, which is what we do now. In other words, a project goes in the budget and spending occurs in Fiscal Year 2004 and is included in the assessment for that year. It is conservative, the spending matches the assessment for that particular year and the taxpayers can relate their tax bill to something tangible that is happening. The con is that the large projects will tend to not get done because they are going to have an inordinate affect on the current years assessment and we are going to get scared about doing it. Mr. Sutphin continued, `The second option is deficit spending, which we talked about briefly at our last meeting ". In other words, having a bond issue to create the funds for large identified capital programs over a five, ten, fifteen -year horizon. Mr. Ward says it's legal. The benefit is that it allows you to do things in today's dollars and pay for them in tomorrow's dollars. It allows instant gratification for the property owners, for a lot of the people, passing on some of • f, Budget Sub - committee October 8, 2003 16 )l *" ff 5 m the costs of that to the successor owner of the property. On the negative side, it can be viewed as mortgaging your future. Mr. Sutphin explained, "The third option identified is to pay in advance, which is what most condominium associations do ". They carry large Capital Reserves on the books. If the roof is going to need to be replaced in ten years, I am sure Mr. Staros is accruing at the Ritz Carlton Hotel for future roof replacement. Mr. Staros replied, "Five cents on every dollar'. Mr. Sutphin stated, `That is an ultra conservative way to do it, but it avoids debt and allows long -term planning that is public record, a projection of what those costs are going to be and the projection of an assessment level for the community that is reasonably predictable, barring a major unforeseen circumstance ". I have no opinion on this, but I wanted to surface this as something the Sub - committee might think about and make a recommendation to the Board on how we should do budget planning. I think it is an integral part of how we plan, in terms of the resulting assessment rate, which is the end product of the whole exercise. Mr. laizzo stated, "I believe most of us are accustomed to identifying costs down the road and then start putting money aside for that replacement or enhancement ". Mr. Sutphin replied, "That is the condominium approach ". I don't believe condominiums are allowed to do deficit financing, are they"? Mr. Ward replied, "No ". Mr. Sutphin stated, "It is very conservative and the disadvantage is that people are paying for an improvement before there is anything to show for it ". Mr. Nordhoff stated, "In some cases I believe the money has to be spent on that designated reserve item ". The roof fund has to be spent on roof replacement and I don't believe you can mingle funds. We could call it "Reserve for Capital Improvements" possibly and save it for whatever we decided to spend it on, but it is just like saving a little bit of your paycheck for a new car or new house. 61 Budget Sub - committee October 8, 2003 05 1 Mr. Sutphin explained, 'The biggest advantage that I see to either reserve or deficit funding is that it allows us, as a Board, to do what we think is right for the community, to stick to our guns and not have to defer a program because we are so sensitized to the assessment rate. Mr. Nordhoff stated, "I believe the community is somewhat familiar with this because the Foundation has a Capital Reserve that they collect that is separate and identifiable from the Operating Expenses ". We could follow suit and do something like that. Mr. Ward, would that be an ad valorem item? Mr. Ward replied, "Yes, you would have the ability to levy your Capital Reserves through an ad valorem tax or special assessment ". Mr. Sutphin asked, "Is there anything illegal about establishing reserves, can it be done in County financing "? Mr. Domenie asked, "Mr. Ward, don't we have a $1,000,000 reserve at the moment "? Mr. Ward replied, "We have what we call an "Uninsured Asset Reserve ", which is funded in the amount of approximately $1,500,000 ". Mr. Domenie stated, `That is in case of a major hurricane or disaster and is not a General Reserve ". Mr. Ward stated, `Those were actually hold over moneys from the old Pelican Bay Improvement District days and were a part of the Water Management System Reserves at that time ". They have just been there ever since and we have never been able to add to that number. Mr. Werner stated, "In my mind the thing that makes the most sense is a bond issue, but I don't think it is politically doable ". When there was an effort to go to an Independent District, I think that is one of the reasons that the opponents elected not to go that route, because they didn't trust whoever would have been elected to issue bonds. I think this will run into the same problems. Mr. Sutphin stated, "I agree with you and I identified it as an option because it came up in our discussion last month ". 62 Budget Sub - committee 1611 i`051 October 8, 2003 done ". Mr. Nordhoff stated, "Mr. Ward brought it up as something other developments have Mr. Sutphin stated, ` ?hey typically leave the residents with debt ". Mr. Ward explained, "It is an interesting debate in Florida, but in the sector of the community that I work in, it is pretty much the standard way to finance capital improvements ". There is a twofold theory behind it. One is that you can finance significant capital improvements at tax -free municipal rates and the carry on it is relatively light. In addition to that, you can identify the term of the note to coincide with the usefulness of the asset. Thirdly, the residents who are living in the community and benefiting from those improvements, although they are future residents, are the ones paying for that; not those who are here now and paying for it and not receiving the benefit of that improvement. Those are the three basic reasons why you use some sort of municipal financing technique. Mr. Domenie asked, "With a bond issue, would Collier County in effect guarantee that or would they issue the Bond and it would be under their overall scope "? Mr. Ward replied, "In Florida, the way an non -ad valorem assessment is levied is that it is a property based assessment ". The County, or whoever the agency is, is the issuer of the debt and there is no guarantee. There is an agreement between the issuer and the purchaser of the bond that the issuer will do what it takes to levy the assessments on the property, necessary to repay the bond issue. It is non - booked debt to a governmental agency. That means that there is no obligation that we actually place it in our financial statements, because it is a not a debt of the County or the issuing agency. It is just a promise that we will do what it takes to levy the assessment in order to collect it. It is not a guarantee of the County. Mr. laizzo stated, "I thought we were talking about ad valorem, not non -ad valorem ". Mr. Ward replied, "I believe Mr. Sutphin asked the question of whether you could levy a non -ad valorem or a ad valorem tax and I said that yes, you could levy a non -ad valorem assessment'. 63 Budget Sub - committee October 8, 2003 16(1)1 Y 51 Mr. Sutphin stated, "I was simply trying to get a consensus that we need to recommend to the Board, either deficit financing or pre- funding of reserves in our planning process, so that the assessment level is smoothed out ". We would time capital projects based on need, rather than trying to force the assessment level at the end of the budgeting process, which is precisely what we did in coming up with the 2004 budget. We deferred some projects and I don't think that is effective planning. Mr. Ward stated, "You might want to consider, at least at this level, to keep all of your options on the table at this point in time ". The reason is, I think if the capital expenditure is below some threshold that you deem that can be handled as a one -year assessment within the community that could be a pay as you go. If you deem the capital to be over a certain threshold that might be something you either want to finance and pay over time. If it would get to another level, you might actually want to raise to the level of utilizing some sort of a financing technique in order to fund its' improvements. They are the right ways in which to do it, however, I think it is a little premature to make the decision on which one to use. Mr. Sutphin replied, "I agree ". I wanted to get people thinking about this because I think it is a part of the overall process that we are trying to develop. Mr. Jim Peruccio — Pebble Creek — "One of my concerns is beach renourishment and I have brought this up many times at earlier meetings ". I believe that is our number one priority and falls under capital investment. Has anything been done on that issue? The sand down there is terrible and gets so hot you have to have shoes on. Mr. Sutphin replied, 'The whole issue of beach renourishment is a very high priority issue with the Board, specifically the details of how that gets done is under the purview of the Clam Bay Sub - committee, which is headed by Mr. Roellig ". There are three members of the Clam Bay Sub- committee in this room and certainly the financial impact of that is going to become a part of whatever budget we come up with, but we are not actively discussing that issue. I will agree with you that it is a major issue. o 16(1)1 Budget Sub - committee October 8, 2003 Mr. Peruccio stated, "The beach is our number one amenity and is one of the reasons that people come to Pelican Bay and one of the reasons that they purchase here ". Mr. Sutphin stated, "You might want to attend the next meeting of the Clam Bay Sub- committee". Mr. Peruccio stated, "Big business today is outsourcing everything ". Why do we need the County to do our landscaping? Why can't we get a private contractor to do our landscaping and we could save quite a bit of money. I believe you could save a lot of money with an outside firm because there are a lot of fringes that come with using County employees. I don't know if it is feasible or not, but it is certainly something you should think about. Mr. Ward replied, "The Budget Sub - committee is tending to look at is long -range planning and the day -to -day or year -to -year of how we do it ". That is a level of service issue that is a good discussion for the Sub - committee to have, as a part of that yearly debate on the levels of service. In this business there are two ways to do it, which are in -house or outsource and there are benchmarks that we can look at to give you the information to make the decision as to whether or not to go contracted or keep with the program. There are pros and cons to both sides. The level of services are good things to look at as part of the budget discussions that I am sure you will have in the near future. Mr. Sutphin stated, "I totally agree and it gets right back to what we discussed earlier in the meeting, that people are the largest single line item and a big percentage of those people are engaged in landscaping ". Outsourcing is a viable option and I believe that one of the constraints that we have is that it would have to go out with a formal Request For Proposal and the County requires that the low bids have to be accepted, unless there is an excellent reason not to do so. It can't be the firm you want, the County has rules that govern procurement of services. Mr. laizzo stated, "If we had investigated and discussed line items, we could get into something like this for understanding and if we wanted to go outside, I would then consider bringing in a firm for partial landscaping. I would not throw the landscaping out completely, but that is a dead issue. 65 Budget Sub - committee October 8, 2003 16I�1 Mr. Sutphin replied, 'The outsourcing of landscaping services is not a dead issue and is exactly what we are supposed to talk about ". Mr. Ward stated, "Mr. Sutphin and Mr. Nordhoff are focusing on the long -range planning aspects of where we need to go from now through some period of time in the future ". I believe you really should focus on that, define it and define how you are going to fund it, put it on a piece of paper and get it out there. We will take that and add to it the strategic plan we come up with for your day to day operating budgets and will evaluate the in -house versus contracted services versus levels of services for all the various assets that you have, including those long -range assets that you identify. This budget, if you identify the long -range assets correctly, isn't going to have any relationship to what you do next year anyway. You are going to have to take it and add to it the long -range assets and the implications of operations and maintenance of those long - range assets in this budget process and that is when you will evaluate it. I think Mr. Sutphin is on the right track with respect to looking at the long -term first, identify what it is, leave it where it is and move on to your operating side later in the game and then you will have a complete plan from which to recommend to the full Board. Mr. laizzo replied, 'That sounds clear, acceptable and very reasonable ". Mr. Sutphin stated, " I would like to move on to a discussion of the Mission ". The definition of what our Mission is and the approval of that Mission by the full Board is the first concrete step in coming up with a budget ". I looked at what the current stated Mission is, "Preserve and enhance landowner value and resident quality of life by promptly and efficiently providing services which answer the needs of the community within Pelican Bay". I am asking, is there any need to redefine or expand that Mission Statement? The question I ask myself is why does it say "landowner", as opposed to "property owner "? I own a condominium and I understand that I am indirectly a landowner, but a lot of people may not. This is wordsmithing. Mr. Nordhoff stated, "Yes, but necessary wordsmithing". I think that change can be made automatically. Mr. Sutphin asked, "Change "landowner" to "property owner"? .. Budget Sub - committee October 8, 2003 Mr. Nordhoff replied, "Yes ". 6LI Mr. Sutphin continued, "The other question I asked is, the Mission Statement talks about services and does not talk about Capital Programs, should we include something like identifying and execute Capital Programs required to continuously approve Pelican Bay and maintain its' position as a top tier community"? Mr. Nordhoff replied, "Yes ". Mr. Domenie asked, "Should you add present and future Capital Funding "? Mr. Sutphin replied, "The Mission is an ongoing thing, you are always doing it ". Mr. laizzo replied, "It is a solid statement and there is nothing wrong with it ". The Mission Statement does not mention Capital Improvements, but this picks it up. Mr. Sutphin stated, "Capital is going to become an increasingly important part of what we do in terms of planning ". Mr. laizzo stated, "When you talk about enhancement, you are really talking about Capital Projects ". Mr. Sutphin stated, 'What I will do is incorporate these changes into one concise small paragraph and present it to the full Board for approval at their next meeting ". Mr. Sutphin continued, "Objectives ". In my thinking, the Objectives we decide on, lead to Capital Programs and levels of services. It is the first fundamental step prior to putting numbers of paper. The first Objective is to provide community beautification and water management services, at or above current levels and in the most cost effective manner. Implicit in that Objective, cost effective, if it is more cost effective to outsource landscaping, then we should consider doing it. Mr. Staros stated, "That would be listed as one of the mandatory services ". Mr. Sutphin replied, "It is not mandatory, because we do not have to beautify the community'. Mr. Ward suggested, `The Objective will stand the test of time, so that is going to move forward from this year to next, to the following year'. When you talk about the service at current 67 Budget Sub - committee October 8, 2003 level, you are defining it as a fixed moment in time, which I am not so sure you want to do. What you probably want to do is to provide that service at the defined level of service, in the most cost effective manner and then you will end up defining the levels of service as a part of the cost analysis. Mr. Sutphin replied, "The Mission does that'. The Mission says "top tier community". Mr. Ward replied, "Yes, but your assumption in this Objective is that you are there and I don't think you have looked at that yet, to make that decision ". With the wordsmithing and the word "defined ", I think we are going to have to add some language to indicate that you are going to define that service level at some point in the future. Mr. Sutphin continued, " I dealt with street lighting and it is a legal requirement, but anything beyond bare bones is discretionary'. I used the word "current" again. Mr. Ward explained, " I know what we did in 1980 and I know what we are doing today and if this is the standard that we were using in 1980, this community would look a lot like the area across the street ". You need to be able to have an Objective that will withstand the test of time. Mr. Sutphin asked, "Mr. Ward, what would you suggest "? Mr. Ward replied, "At a defined level of service in the most cost effective manner for all of them ". You will end up with a strategic program or wish list that develops those Objectives into specific defined levels of service. Mr. Sutphin stated, 'The reason I mentioned "monitoring alternatives ", it happens to be a field of technology that I follow". I see a point in the future where LED streetlamps are going to be a viable, energy- efficient way to achieve street lighting and we should be there. That will be something that would be evaluated on a cost benefit basis at the time it becomes available. Who in the organization is tasked with that? Mr. Ward replied, "No one specifically'. That is because we have never gotten to the point of really defining, for the community, what it is that we are looking for. The premise for the last twenty years has been that we have increased the levels of service at moderate rates, based Budget Sub - committee October 8, 2003 upon how Pelican Bay was defined in 1980 by WCI Communities. It is a community, it has streetlights, low ambient lighting, a rustic look and that is why we had so much wood in this community for a period of time. We moved out of that, got rid of the wood and did concrete polls and an architectural style on some monuments at the front, but we have never gone beyond that. Today, we would never go beyond that and would never get to the discussion of using the LED street lights, because it is not a service level that you would ever want to look at in Pelican Bay. years ". Mr. Sutphin replied, "It would be if it cut your power bill by 30% and paid for itself in five Mr. Ward replied, "Absolutely'. I think if the definition is right, then certainly my office and the Board will take on the responsibility of doing it ". Mr. Werner stated, "Mr. Sutphin, your question was perfect ". Who is tasked with looking into these things and making the suggestion? I think it would be Mr. Ward's job because he deals with many communities and also the Board's job. Mr. Sutphin replied, "It occurred to me, because I happen to own stock in a company that makes LED equipment ". They are already using them in automobile taillights and they will soon be using them in streetlights. Mr, laizzo stated, "I am sure it will be folded in as soon as the technology advances ". Mr. Ward stated, "That is interesting because we had the high pressure sodium lights in Pelican Bay that shined red for twenty years and we just changed them out ". They were much more efficient lighting than we have now, but based upon the concept that we really could not do anything with these assets and looking at that operating cost issue many years ago, we could not do it. We could not get to the point of changing the capital out to do it the way it needed to be done. We were able to do that recently, but without the objective to look at it, it is hard to look at, but I think that the Board and my office, have to be tasked with understanding and looking at that every single year. Then, it doesn't make it that I am the one presenting these alternatives to you every single year and we have this debate for two months about the cost. We work together, in tandem, to define where we want to go. 69 Budget Sub - committee October 8, 2003 16 11 8s# Mr. Sutphin stated, "Power is a fairly large line item and that is very surprising ". Mr. Carroll stated, "One thing that is bothering me is, that in your Objectives or in the Mission Statement, you are not mentioning the Foundation and our need to be in sync with them ". Mr. Sutphin replied, "It is coming ". The third item is to provide security services to the community, in the most cost effective manner. Let's not get into another discussion at this meeting on security. It is obviously an issue that needs to be dealt with. Mr. Sutphin continued, "Identify plans and execute Capital Programs to enhance the existing infrastructure of Pelican Bay to maintain its' position as a top tier community". From there, I think maintain is appropriate. What constitutes "top tier" keeps moving and the bar is constantly being raised. Mr. Ward stated, "I don't want to open the debate on security and I am not going to, but when you talk about that kind of a service, if you are going to provide it, what you are really talking about is protecting and enhancing the quality of life and the security of the residents and commercial interests in the most cost effective manner". I think you have to define it, if you are going to define it as on objective, for what you want it to be. Mr. Sutphin stated, "I would argue cost effective, unless you use a definition of total cost that goes beyond dollars ". Mr. Ward replied, 'To some extent, that exists ". You have to look at it in the context that sometimes it goes beyond the dollars spent, the dollars unspent, or the dollars saved, or the intangible dollars not spent, in terms of the provision of the service. Mr. Sutphin stated, "Mr. Staros talks about a fifteen year horizon and I don't know if he is closer to how far outside we should be thinking than I am ". Mr. Staros stated, "I would recommend a rolling five -year program ". Mr. Sutphin replied, "Absolutely". Mr. Ward stated, "You can do a five -year rolling and in this business I am also used to doing a rolling ten -year plan for Capital and rolling five -year for Operations ". 70 Budget Sub - committee October 8, 2003 �05 Mr. Sutphin stated, 'That is a good point ". On average, what is the useful life for things such as railroad ties and things that we would have to replace or upgrade at the end of a useful life? Mr. Ward replied, 1 will answer that question second ". The real question is, what is the useful life of the asset in order to maintain the Mission Statement the way you want it? Those are two different numbers. Generally speaking, in the development business, maintaining the useful life of the asset is barely ten years for infrastructure, other than roads. If you are going to talk about an amenity asset, such as streetlights and guardhouses, that useful life is usually ten years because then you can maintain it for another ten years, but you get a diminishing value based upon what you want your property values to look like. Mr. Sutphin replied, 'Which is inconsistent with the Mission at that point ". I would be amenable to changing that to ten years on Capital items. I call this the "Kay Potter Objective ", but to identify and execute programs to restore and maintain the mangrove preserve in the most cost effective manner. I think we have to do it. I am no big fan of the mangroves, but it is a very important part of our environmental infrastructure and I think it is part of our responsibility. Mr. Sutphin continued, "The last item is to work closely with the Pelican Bay Foundation to ensure a commonality of objectives and optimize use of financial resources and resulting improvements. That is a big statement, but I sincerely believe, as we have discussed in prior meetings, that if we are looking at enhancing and large capital expenditures, and we are not in sync with the Pelican Bay Foundation of a like mind and in some cases perhaps jointly funding a project that overlaps, then we are wasting our time. one "? Mr. Nordhoff stated, "if these are in no particular order, why don't you start with that Mr. Domenie stated, "No mater how you fund it, whether it is through the Foundation or the Pelican Bay Services Division, it is still going to come out of our pockets ". Mr. Sutphin stated, "Let me give you an example and we will come to this when we get to the Wish Lists ". I asked everyone to bring in a Wish List of things they would like to see included. 71 Budget Sub - committee October 8, 2003 1 E�6�1 �a5 a One of mine is to develop a multi -year plan to make Pelican Bay a gated community. Let's say that our Board agrees that is a good thing to do and if the Pelican Bay Foundation says that they do not want a gated community, let's kill the program because it's not going to happen. Mr. laizzo stated, "Sometimes we need to talk to the residents of Pelican Bay as well ". Mr. Sutphin replied, "Believe me, the Foundation and Pelican Bay Services Division both represent the residents ". The first year of a five -year program will probably not include any significant spending. The first year will be information gathering, determining the legal feasibility and taking the pulse of the community to make very sure that was what they wanted for their community. If we want it and the Foundation does not want it, one of us is wrong in our thinking, because we both represent the members of this community and if they are reading that they don't feel the residents want something and we feel that they do, then somewhere in the middle lays the truth. There are certain programs where I feel we need the Foundation as a partner and vise versa. Mr. laizzo stated, "We are going to place another layer of costs and we need to be talking to the Foundation, the Pelican Bay Property Owners and the residents ". We can't run this alone, without support. Mr. Sutphin stated, "From a practical standpoint, due to the Sunshine Law restrictions, any one of us can go to a Foundation meeting and talk to them and if the Foundation wants a conversation with the Board or with this Sub - committee, they have to come here. Unfortunately, that is the way it works and I don't have an answer for that. It is the very same thing with the Pelican Bay Property Owner's Association. We can't go to them and they are more than welcome to come here, in fact, I would love to see people come to these meetings. Mr. Staros stated, "We can invite them ". It would be wonderful if we could invite them into the audience. Mr. Carroll stated, "I don't want to preempt you again on the Objectives, but I haven't heard you mention one and I don't know if you are going there ". As I have spent six months in this Chairman's job, I believe we have an objective that the Foundation cannot do or at least as 72 Budget Sub - committee 5 October 8, 2003 effectively as we can and that is to increase our working operation with the key County people. It is my feeling that because we are some kind of adjunct of the County and the Commissioners appoint us, we can play a different role. Mr. Sutphin stated, "I will include it and I think it needs to be there ". It was omitted because it is a subjective objective and it doesn't cost any money, so I didn't include it, but I will. Mr. laizzo stated, `This is above the basic budget that we normally see for the community, you have to remember that ". Mr. Staros replied, "Only if the projects that are voted on are approved by the Board ". Mr. Sutphin stated, "My objective is to, by the December Board meeting, have identified the basic projects that we agree should be in there and have Mr. Ward present to the full Board a first cut at a ten- year plan. At this level it is top down, using macro numbers and basic economic assumptions in terms of inflation and cost increases such as wages and benefits and the resulting assessment level that will produce. If those macro numbers are not acceptable, then we should not go any further. If they are acceptable, then come the time to critique the operating budget, we shouldn't come on with machete's and try and chop it to pieces or it defeats the whole purpose of what we are doing here. Mr. Staros asked, 'When we get to the point of laying out a ten- year plan, is it your office that would assist us in the knowledge of the life of the water management pumps, flood control pumps, etc? I don't now if they would last another six months or six years. Would you be the one to help us say that this equipment has "x" amount of useful life? detail ". Mr. Ward replied, "Yes, in terms of renewable assets, we will provide all of that level of Mr. Sutphin stated, "In terms of renewable assets, the database probably exists ". Mr. Sutphin continued, "The next item is the Wish List ". I will give you mine first and I have three. One is to develop a new five- year plan to transition Pelican Bay to a gated community, with the necessary additions to the infrastructure to accomplish this. Two is to identify the possible improvements in the community, which would be desirable if gating proves 73 Budget Sub - committee October 8, 2003 M aA l' feasible. If you put gates up, there may be other things that we would want to do as a community. Year one would probably be an exploratory year identifying potential legal obstacles, identifying permitting requirements and getting property owner buy -in to the concept. Joint ownership of the program by the Pelican Bay Foundation is considered essential and the program should not proceed without it. Cost projections should be done now and included in the five, now ten -year strategic plan. The program should have a predefined bail out point if certain identified problems are encountered. That is very critical. If we start spending consulting money and we come to the collective agreement that the Commissioners are never going to approve this, then let's pull the plug. That is assuming that we decide to proceed with the program in the first place. It is on my Wish List, but may not be on anybody else's. My second item on the List is to develop a comprehensive multi -year plan to transform the berm area and adjacent wetlands into an attractive area consistent with the overall ambiance of Pelican Bay. My third item is to develop a comprehensive plan for beach restoration, ensuring that adequate funding is available when required. Financial planning will be contingent on the outcome of the County Commission's decision on the use of Tourist Development Tax Revenue. I don't think anybody is going to disagree with beach renourishment. How it gets paid for at this point is out of our control and it is going to be interesting to see how the Advisory Board's that Mr. Roellig talked about present their recommendation to the County Commissioner's, which is in direct opposition to what County staff is going to recommend. Mr. Nordhoff stated, "I came up with one item on my Wish List ". I drove around the community and looked at what we have and what we might improve on. I also drove through Bay Colony, since I feel that is the upscale version of Pelican Bay. This is so simple, it was right in front of my face. I felt that our roadways were terribly pedestrian. I felt that the cement street lighting poles were not aesthetically pleasing or warm. I noticed waterscapes all throughout Bay Colony, which I realize are all provided by individual condominiums, but they certainly made it feel warm. I was wondering if we might not have waterscapes at major intersections, not the product of the development, but provided by us on common property. When I drove down the road with 74 Budget Sub - committee October 8, 2003 fl � pf all of the brick pavers, I felt as if it were a nice European community and not the blacktop that is on every road in the County. This is not particularly creative, but I really do think that enhancing our roadways, with some or all of these things, would be aesthetically pleasing. Mr. Sutphin replied, "I agree ". I happen to live in a building that has a waterscape and we share it with the villa community that adjoins us. It is being attacked aggressively from a cost reduction standpoint in terms of chemical usage and maintenance, it is not cheap, but they are beautiful. Waterscapes are pleasing to look at and I wish there was a data base available that could allow you to determine which enhancements have been proven to add value to the properties in the areas that they exist. I think Mr. Ward's experience in being involved with multiple communities is going to provide us with some empirical guidance, but there are certain things that we can spend money on that can pay back in terms of enhanced value. Those are the ones that I certainly want to look at and that I think the residents would like to see us focus on. Mr. laizzo stated, "I have a caption here, what does the future hold for Pelican Bay"? Itemize what it takes to enhance the community to establish it as a first class community in Collier County. When an item is selected, its' feasibility, time and cost must be considered. If accepted, this new additional cost must be prorated into the community's long -term planning budget as a function of time and cost. The first item was the gated community or partial gating of the community. I would even allow the community to decide if they would want a partial gated community. The second item I have is to secure and safeguard community property, adjacent to the U.S. 41 berm, from Pelican Bay Boulevard North to Pelican Bay Boulevard South. That was a pet project of mine. That is another enhancement that I feel we could use and was always important to me because of security. Mr. laizzo continued, "The third item on my list was to clean up the sludge on both sides of the tram berm, from the North to South Tram Station ". The fourth item was the Sandpiper Boardwalk, between Stations #6 and #7, westbound. If you ever took that Boardwalk out to the beach, at the second bridge crossing the land bottom is shallow, mucky and heavy stench 75 Budget Sub - committee October 8, 2003 1ki 1 , 1051 permeates the area. The areas south of the boardwalk should be dredged and the area under and to the north of the boardwalk should be deeply channeled to allow continuous water flow. This, to me, will permit a continuous and natural water flow and improve the area and improve the stench. I thought that is an eyesore and will always remain an eyesore. Mr. Sutphin asked, "Is that a general type of program that could be a longer term item to improve the area "? Mr. laizzo replied, "Yes, put this in a five -year program ". Mr. Staros stated, "My only item was to have a fifteen -year plan and to do all of the appropriate planning to do so ". This is what we have all said, but just in different words. Mr. Staros asked, "Mrs. Smith could you combine all of the items on the Wish List and provide them to the full Board in advance of the next Board Meeting ". I will come up with a summary of the Mission and Objectives to be included in the Board package for the next meeting. Hopefully we will get some consensus from that meeting and then ask Mr. Ward to come up with a first cut of what this looks like. I mentioned gating, Mr. laizzo mentioned gating, we have two representatives from the Foundation in the room and I would like some comments on how we might determine if the Foundation wants to partner in a program of this magnitude. Mr. laizzo asked, "Please define "partner". Mr. Sutphin replied, "Common objective, common budget and common end points ". Mr. Kinney — Pelican Bay Foundation, - "I would recommend to my Board that we work through a five -year goal and objective and we do a five -year rolling plan also ". On the funding aspect, it is true that we do the Replacement Reserve Assessment of $125.00 per unit and our Capital Projects are funded through our resale fee for capital construction. Our Board has already been asked to take a look and start thinking about gating. That is probably the number one concern of the community. Right now, I can only say in listening to today's conversation, that we work very closely and think about the aspects of all communicating the same message. For example, in communicating it to our Board, we will say that it is only thinking and is a global thought process right now, before things start to get broadcast. We will get these to our Board 76 Budget Sub - committee October 8, 2003 : �' f ` right away and keep everyone working together on the same pages. As you know, this is a new concept for the Services Division to be thinking about these ten -year capital plans and I think it is very exciting for the community and is why we don't want to shoot it down too quick. Mr. Sutphin stated, "If I heard you right, it is already on the Foundation's list of things to look into ". Mr. Kinney replied, 'We had heard that gating was something that was going to be talked about and that there was going to be some long -range planning that was going to be occurring through the budgeting process ". The Board was aware of it, so our Chairman said to let's start thinking about that aspect. The key is to think and respond together and it was more of are you aware that the Pelican Bay Services Division may have gating on a long -range capital plan? Yes, we are aware of it and we are responding to those issues and that was very early on. Mr. Sutphin stated, "I believe Mr. Carroll is attending all of the Foundation meetings ". It might be appropriate that at the next one you attend you to try and get a feeling for how the Foundation views this. Mr. Carroll stated, "I did not know their Board was already discussing the gating ". Mr. Kinney replied, "It was not a discussion, but more of an FYI ". The information going out is that there is a potential long -range committee that is going to start working on long -range issues for the community, as it relates to the Pelican Bay Services Division responsibility. Mr. Sutphin stated, "Your Board members have a distinct advantage over ours, in that they can talk to each other outside of Board meetings ". Mr. Peruccio stated, "On your Wish List you brought up the issue of landscaping and I brought this up a few months ago ". The north end of Pelican Bay Boulevard has so many trees that they have grown on top of each other and it looks like a jungle out there. For instance, across from Bay Colony there are trees with pods that are on top of each other and they look terrible. On North Pointe Drive there are so many trees that no sun gets through to that street at all. I mentioned about the Vineyards because I go to the Cleveland Clinic and it is unbelievable how nice the Vineyard's boulevards are, as compared to ours. It is probably a lot less money for 77 Budget Sub - committee 05 October 8, 2003 them to maintain those boulevards also. This is something that should be considered and should be on the Wish List. Mr. Gerhard Seblatnigg — Pelican Bay Foundation — "Clearly, this Board and the Foundation Board need to be in tune or nothing is ever going to happen ". We are all spending the resident's money and clearly we need to be in tune. I think a Long -range Capital Plan is absolutely essential and the Foundation operates on a rolling capital plan as well. To the extent that we can work together on a plan would be great. Some of the items on your Wish List would probably receive 110% approval from the community, particularly if you can do something around the berm. Other projects would be more a difficult sale, based on what the population thinks. Some people don't want to spend any money and others want to spend as much as possible and that is just the nature of the beast. All in all, I think your efforts are very worthwhile and my guess is that it is going to take a while to get the process going. The more you can prepare the community for what might be coming, the better off you will be. Mr. Sutphin replied, `That is essential and we suffer from Sunshine Law constraint ". I certainly foresee, with the magnitude of some of these programs that have multi -year major spending implications, of having a series of public meetings, as we did for the Ordinance and getting public feedback. My problem is that based on experience, the participation level has been disappointingly low. People love to Monday morning quarterback and I do also, but getting them involved in the planning part of this is not so easy. Mr. Seblatnigg stated, "On the gating issue, the Foundation had a long -range planning committee where they looked at everything under the sun from a fishing pier to a swimming pool at the beach ". One of the issues was the gating. The committee didn't think much of the gating issue and the product of this Long -range Planning Committee was a Town Hall Meeting and the people didn't appear to be very warm towards gating either. Mr. Sutphin stated, "The whole premise of bringing it up is that there is a perception that gating will pay back in terms of increased property values and is therefore a good investment'. If W. Budget Sub - committee October 8, 2003 that premise is faulty, then I don't think we should consider it. The problem is, without spending a lot of money, how do we validate that premise? Mr. laizzo replied, "By going to the community with that question ". Mr. Nordhoff stated, "Not our community, because our community does not have any experience with it ". Mr. Sutphin stated, "As an example I wanted to see if I could do a comparison on a ten- year history of rate of increase in assessed valuation in Pelican Bay, which is not gated, versus Bonita Bay which is ". The database does not exist. Mr. Domenie stated, "You might want to use Foxfire as an example ". They were not gated and now they are gated. Mr. Nordhoff replied, `That is not a comparable community as far as beachfront, etc. ". Mr. Sutphin stated, "I could not do the comparison because the database does not exist ". Pelican Marsh has not been here long enough and it started off as a gated community. Mr. Nordhoff asked, "Mr. Seblatnigg, when your group considered gating, did you look at it from the premise of enhancing property values "? Mr. Seblatnigg replied, "Yes, it was property values and also general safety, including traffic ". As more and more development occurs north of here, we can expect more through traffic. Mr. Carroll stated, "I can comment on that Long -range Planning Committee because I sat in on those meetings ". I don't think the gated community issue received a real hard look. From what I have been hearing is a comparison with other upscale communities that are gated such as Pelican March, Fiddler's Creek, etc. I don't think we grappled with it enough, so I wouldn't rule it out. I just think it is important enough that we need to look at it. Mr. Sutphin stated, "The point I made is that everyone has to have a common objective in something of this magnitude or it's not going to work ". It also solicits other viewpoints that hopefully help everybody make a better decision on where we want to go. 79 Budget Sub - committee October 8, 2003 Mr. Carroll stated, "Can I ask you to structure your communication with the full Board on this Wish List, that they are asked to provide thought to Wish List items and bring some things to that list ". Mr. Sutphin replied, "I can put that in a formal request to the full Board, pass it to Mrs. Smith and it will go out with the Board package and hopefully people will respond ". When do we send out the Board packages? Mrs. Smith responded, "The Friday before the regular meeting ". Mr. Sutphin stated, "That does not allow enough time ". I was going to say that if people could then get back to you in sufficient time that everyone could read every one else's comments before we show up in the room, makes for a more efficient process. Lacking that, I would recommend that we put the list on Power Point so that we will have them in front of us and we are talking about the same thing at the same time. Mr. Ward replied, 'We can do that ". Mr. laizzo asked, "In that package, can we ask that their ideas be brought to the Board meeting "? Mr. Sutphin asked, "Do we need to wait for that? Can I request Mrs. Smith to send out a request to all Board members to send feedback to her to be distributed to all of the other Board members prior to the meeting? Mr. Ward asked, "Wish List ideas "? Mr. Sutphin replied, "yes ". Mr. Ward replied, "Sure ". Mr. Werner stated, "Individual communication is something we just discussed, as trying to avoid doing ". Mr. Ward replied, "At that point it is just gathering information ". We can request it and put it in the package and that one does not bother me. There is no interchange or promoting of ideas. 80 Budget Sub - committee October 8, 2003 1 !�I 1'''$5 � Mr. Sutphin stated, "I am asking everybody to submit a Wish List to Mrs. Smith, which she will consolidate and distribute back to eleven people ". I just think it would save time at our Board meeting. Mr. Werner stated, "I agree with you and there are many things that we could do to save time, but we have been cautioned not to do them ". Mr. Sutphin replied, "If Mr. Ward says it is okay, then we can be comfortable with it ". Mr. Ward stated, `That is pretty benign ". Mr. Werner stated, "Mr. Ward, you are the one who objected when Mr. Sutphin wanted to call other members to see if he could set up a meeting ". Mr. Ward replied, 'That I objected to ". Mr. Sutphin stated, "I think we have accomplished a few things today". Mr. Ward stated, "I was trying to think of things you could look at as comparisons ". Even in Pelican Bay, you could probably look at lot values in Oakmont, closer to the lake, lots at the time they were first constructed and sold by WCI, and look at lot prices in Bay Colony at the same time, you will get a pretty interesting difference for the same size lots for gating and non - gating. That is what was being sold at the time. Mr. Sutphin stated, `The feeling is that gating is a good investment because it pays back many times in terms of increased value ". I was simply looking for a database to validate that. Mr. Ward stated, "Mrs. Smith reminded me that I meant Pinecrest, not Oakmont ". The Oakmont lots are smaller than Pelican Bay Woods and Pinecrest. that ". Mr. Domenie state, `The lots in Pinecrest in 1986 were priced at $95,000 ". Mr. Sutphin stated, "I don't think the Bay Colony Shore lots were a whole lot more than Mr. Ward replied, "I believe they were considerably more than that ". That might be an interesting analogy if you would look at Pinecrest or Pelican Bay Woods and compare it to what Bay Colony lot prices were at that time ". Budget Sub - committee October 8, 2003 �., f Mr. Sutphin stated, "You have Pelican Bay communities such as Pinecrest and then you have Georgetown and Jamestown ". Mr. Ward stated, "Georgetown and Jamestown would be much different prices ". Mr. Sutphin stated, "Community involvement is the part, that if we choose to proceed, we will have plan and do well ". It is easy to spend money. Mr. Nordhoff stated, "As word of our thinking gets out and it undoubtedly has and will, I think we are going to get comments, which I already have, being that costs too much ". Let's try to keep that argument out of the conversation. We don't know what it is going to cost and you can't say that it is going to cost too much before you evaluate all of the pluses. It is very premature to have the community in an uproar over something. Everything costs something, but you have to weigh the cost versus the benefit. Mr. Sutphin replied, "I agree and it would be wonderful if we had the mechanism, up front, to have as many people buy into the major programs as possible ". The Foundation is the first step and I feel similarly about the Pelican Bay Property Owners. I would love for the Pelican Bay Property Owners to understand the thought process and be a party to it. If at the end of the day it is not good for the property owners, we should not be doing it. ADJOURN There being no further business, the meeting adjourned at 5:00 P.M. Mr. Christopher Sutphin, Chairman _-u m' 3 0 0 � d N OD V O' (T ' A W N O m DDQ > >< DDO Z 3< O2�a w v200 0 ppmcn D= 7 O m w o w w �, c'� w w 0 1Q w z. 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CD £ �\ t m .�.£ Iml / fC5 ml ml � . I �k I 8j 'i CLAM BAY SUB - COMMITTEE MINUTES — October 1, 2003 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, October 1, 2003 at 1:00.P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. David Roellig, Chairman Mr. M. James Burke (absent) Mr. John Domenie Mr. George Werner ALSO PRESENT: Six (6) Pelican Bay residents; Ms. Kara Cave and Mr. Tim Hall, Turrell & Associates; Messrs. Ken Humiston and Mohamed Dabees, Humiston and Moore Engineers; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the June 26, 2003 Meeting 3. Beach Re- nourishment — Ron Hovell 4. Improvement Projects Seagate Culverts Hydrographic Report Cattails 5. Foundation Boardwalk Renovation 6. Audience Participation 7. Adjourn ROLL CALL Mr. Roellig called the meeting to order and asked that the record show that Mr. George Werner will be late arriving at the meeting. APPROVAL OF MINUTES OF THE JUNE 26. 2003 MEETING Page 289, Line 10, 'The Stand" should read "The Strand ". Page 291, Line 16, "wonders" should be "wanders ". Page 308, Line 6, "Royal Harbor" should be "Port Royal" Mr. Burke moved, seconded by Mr. Do_ nd approved unanimously, the Minutes of the Jun003 Meeti ng, subject to the above changes. BEACH RE- NOURISHMENT Mr. Roellig stated that he had provided a Memorandum to the Board to bring them up -to- date with regard to beach renourishment. During September the Coastal Advisory Committee 310 CLAM BAY SUB - COMMITTEE October 1, 2003 and the Tourist Development Council met, as directed by the Board of County Commissioners, to come up with a Beach Funding Policy. A policy was approved by the members of those two committees, with the exception of one dissenting vote, which was cast by Mr. Henning, who is also the Chairman of the Board of County Commissioners. The Policy is far better than what you might expect when you have two committees draft a document and you have to satisfy eighteen to twenty people. I believe it is a reasonable, coherent and attainable policy and differs significantly from what County staff has indicated. The County staff wanted to make access the first priority for providing beach renourishment using TDC Funds and the committee feels that maintenance of the beaches should have a higher priority. A different problem with the County staff provisions, which is mainly Parks and Recreation, is that their plan can also cost between $75,000,000 and $100,000,000 to provide the kind of access that they believe we should have. The TDC Funding provides an average of $6,000,000 - $7,000,000 a year and obviously, if County staff had first priority we would never maintain the beach again. Mr. Roellig continued, "Beach Renourishment is going to come before the Board of County Commissioners at their October 14'" meeting ". I am hopleful that they will endorse the policy that was put together by their Advisory Committees. At the September Meeting of the Coastal Advisory Committee, we looked at the permit application that was put together by Coastal Planning and Engineering and I found their application to be quite comprehensive. For the October 14'h Meeting of the Board of County Commissioners, the Coastal Advisory and TDC have both recommended that the Board of County Commissioners authorize staff to submit the Permit Application to the State and the Army Corps of Engineers. For our area, the permit provides beach renourishment from Vanderbilt Beach Road south to approximately 1,500 feet south of the Sandpiper facilities. The funding policy that was developed by the TDC would provide 100% funding for one -half mile south of the Ritz Carlton Hotel. If this is accepted by the Board of County Commissioners, it would provide TDC Funds for a full renourishment south to the last condominium in Bay Colony, which is the Contessa. From that point south, there would be an opportunity for Pelican Bay to participate in the funding of the renourishment in that area. The policy is a little unclear as to whether there would be a 40% County contribution or not. 311 451 CLAM BAY SUB - COMMITTEE October 1, 2003 16(1)1 '�� Mr. Roellig stated, "In the upper portion we are looking at a beach of approximately 100 feet in width, which would be five years after the renourishment ". The portion from the Contessa south is estimated to cost approximately $1,300,000 and obviously some of that would be covered under the current policy recommended and if that policy is not accepted, there would be an option for the people of Pelican Bay to pick up that cost. water"? Mr. Domenie asked, 'When you refer to 100 feet, are you measuring from mean high Mr. Roellig replied, "No, approximately one and one -half feet above mean high water". Mr. Burke asked, "Would we be asked to fund part of the $1,300,000 "? Mr. Roellig stated, "We could be asked to fund part of it, but that is something that would be decided by the entire Board ". IMPROVEMENT PROJECTS SEAGATE CULVERTS Mr. Hall explained, "I have included the information in this Memorandum based on the analysis that Humiston & Moore has prepared and the data that has been collected by Mr. Lukasz ". This data showed that while there was more water going south during that time period, I don't believe that it is of a magnitude sufficient to adversely affect the pass. It was a short time period that we looked at and we made the recommendation that we periodically do some data collection to keep an eye on the long -term trends. Mr. Ken Humiston stated, "Originally we provided you with a proposal to look at the interaction of the pass with the culverts and that proposal was not accepted ". The Board wanted a computation of the water going through the culverts to see if it was of a magnitude that could influence the pass. It turns out that the volume of water going through the culverts is less than 10% of the total tidal prism of the inlet. The question becomes, is that significant? It could be significant, but if you look at the whole picture when we did the major dredging project, that project increased the tidal prism of the inlet over 50 %. 1 believe the bottom line of the current situation is that it is still much better than it was before this whole process started. 312 CLAM BAY SUB - COMMITTEE I l October 1, 2003 Mr. Domenie stated, "I would gather that the benefit is that the ecology of Clam Bay will improve with that additional flushing, is that what you are saying "? Mr. Hall replied, "Yes, that is what I am looking for". It has not been open long enough for us to see any of that yet, but by next year's report we have on -going documentation of the benefit conditions within Outer Clam Bay'. I am hoping to see more growth and activity in Outer Clam Bay than we have in the past. Mr. Domenie stated, "I presume that the people in the Doctor's Pass area are pleased with the additional flushing and fresh water". Mr. Hall replied, `There has not been any comment made on that, except that Dr. Staiger of the City Staff has been made aware that the culverts are off and being monitored, but he has not reported back any concerns or problems ". Mr. Domenie asked, "Would sand flow through that area from Pelican Bay into Venetian Bay and diminish the depth of the water in Venetian Bay"? Mr. Hall replied, "Sand should not flow into that area unless there is an extreme surge to push it through ". You could get some sediment transfer if there are any dredging activities done in Outer Clam Bay. Mr. Burke asked, 'This is a conclusion versus a recommendation and is there anything we need to do "? Mr. Roellig replied, "Basically it would be recommended that we just continue with the status quo for the time being ". Mr. Domenie stated, "Did I hear you correctly that you would like to take some measurements from time to time °? Mr. Hall replied, "Yes, that is correct ". Mr. Domenie asked, "Where would that funding come from "? Mr. Hall replied, 'That would come out of the budget that we already have established ". I am not asking for any additional funds. HYDROGRAPHIC REPORT 313 CLAM BAY SUB - COMMITTEE October 1, 2003 Mr. Mohamed Dabees of Humiston and Moore provided a presentation of the Hydrodynamic Modeling Process and the results that were achieved once the model was run. Mr. Humiston stated, 'The Hydrodynamic Modeling shows the combination of the data that Mr. Lukasz has collected over the years and is a very accurate tool for predicting changes that we can create in the system if we do something such as diversion of fresh water'. That was the purpose of this analysis and we do have a model for looking at other things in the future if that becomes necessary. The diversion of fresh water at the north end would lower the average water level during the rainy season by only 2/10ths of a foot. In discussions with Mr. Hall and Mr. Lewis, they feel that 2/10ths of a foot super elevation could have been a significant contributor to the mangrove die off. According to Mr. Hall's present monitoring, the main die off area is recovering fairly well, so at this point other alternatives may not be appropriate at this time, as long as the mangroves are recovering. If it is determined by Mr. Hall and Mr. Lewis that there are additional improvements that need to be made to the flushing in that area, this model is an excellent tool for evaluating the various alternatives. Mr. Domenie asked, "We are talking about diverting fresh water to Vanderbilt Lagoon, but I have heard nothing about the tidal prism of Vanderbilt Lagoon and how would that affect the model "? In other words, if you are going to divert water to Vanderbilt Lagoon, is that going to bring water into our system or is that going to take water out of our system? Wasn't that part of what was being analyzed? Mr. Humiston replied, 'We were not talking about making a tidal connection to Vanderbilt Lagoon ". The fresh water that goes into the north end of the Clam Bay system would simply be diverted, so that it flows into the Vanderbilt Lagoon system and there would not be a tidal connection between the two. It would simply eliminate the flow of fresh water into the north end of the Clam Bay system. With the model we did not look at how that would affect the Vanderbilt Lagoon. Mr. Domenie asked, "How did you measure the inflow of fresh water into the system "? Did you take into consideration any underground fresh water, because we have heard that is a figure that nobody really knows and have you measured the salinity of the various areas? 314 CLAM BAY SUB - COMMITTEE October 1, 2003 Mr. Humiston replied, `The fresh water inflow that we used was from the study that was done by WilsonMiller, which was called their Water Budget Report". We did not consider any fresh water inflow from underground and we have not looked at the salinity. Mr. Hall stated, 'We have been doing a little salinity collecting along the berm in conjunction with the cuts that were made, but not as far as collecting salinity readings within the bays ". Mr. Humiston stated, "In my discussion with Mr. Lewis, it appeared to me that if you have this increase in the average elevation during the period of time when you have fresh water inflow, fresh water is lighter than saltwater and will lay on the surface ". It might be the combination of increased water elevation, plus the lower salinity, the increased excursion into the mangroves and increased period of time that they would be submerged that could have contributed to the mangrove die off. Mr. Lewis has indicated that he does not believe that salinity had anything to do with the die off and it is all- dependent on the water elevations. Mr. Domenie asked, "How many cuts were you considering doing in the meandering "? You showed us one model, but are there two or three specific cuts that you would recommend? Mr. Humiston replied, "We have not really gone into that ". We looked at one just to see how that would come out and was beyond the scope of what we are doing. There are quite a few meanders in the channel and if it becomes necessary to improve the flushing in that area, we can look at one or two, or as many as we would need to in order to get the kind of circulation in the north and that the environmental experts feel would be appropriate. Mr. Burke stated, `That was an excellent presentation ". Obviously, the diversion of water to Vanderbilt Lagoon is not an automatic and may or may not be something that we would do in the future. We are not looking at that as a quick fix solution are we? Mr. Humiston replied, "I don't believe so ". It turns .out that it is not going to have a tremendous affect on the improvements from the dredging that has already been done. At this point it becomes a question of what Mr. Lewis finds with his ongoing monitoring of the mangroves, whether or not something else needs to be done. The diversion of fresh water to the north would probably not do as much for the mangroves as the alternative of straightening out the 315 CLAM BAY SUB - COMMITTEE October 1, 2003 1 1). 851 meandering in that channel. We need to look at the results in the monitoring of the recovery of the mangroves. What might be more effective is the straightening out of the meanders, which would also have the added benefit of increasing the tidal prism, the volume of water going in and out of the inlet. That would go a long way toward the stabilization of the inlet, as well. Mr. Domenie asked, "Is your conclusion that diverting water is probably not as effective as removing a few of the meanders "? Removing meanders would be more effective and have a dual affect because it would help with the flushing of the pass. Mr. Humiston replied, 'That is correct, although if something else needs to be done you would also want to look at the economics of that also ". I am not sure what the costs would be for diverting fresh water to the north, but the straightening of the meanders in the channel would certainly be an involved and extended permitting process. No estimates have been prepared but construction costs could be on the order of the costs of the dredging done in 1999. Mr. Roellig stated, 'This gives us something to consider'. I don't know if this presentation has been made in its' entirety to Turrell & Associates. Mr. Ward asked, "Is the model capable of predicting how'to maximize the flow into the northern part of the system, but minimize the environmental impact "? Mr. Humiston replied, 'That is exactly what we are talking about doing ". We are looking at straightening out some of those meanders, we could look at the affect of doing one or two, or as many as we would need, to achieve a level of circulation in the north end that Mr. Hall and Mr. Lewis feel would be necessary. Mr. Ward stated, "I read Mr. Hall's synopsis where it talked about the cost of additional dredging could be upwards of $2,000,000, versus the cost of maintenance of the existing channels running $30,000 - $50,000 per year". What I don't understand is the affect of the lack of flow in the northern part of Clam Bay and how good, bad, or indifferent that may be on the overall health of the mangroves in that area. Mr. Hall replied, "Right now the premise that we have been working on that appears to be correct, based on the results we are getting, is that the stacking of the water in Upper Clam Bay was one of the predominant causes of the die off ". In order to avoid that from happening again 316 CLAM BAY SUB - COMMITTEE -16 1 q October 1 O , 2003 and to facilitate the restoration, we need to keep the water in that area moving out of the system, rather than stacking up. The way that we are going about that right now is through all of the hand cut channels through that die off area, which helps collect the water and get it to the main channel. The +/- numbers that I provided to you are what we feel that the maintenance of those channels, if nothing else is done, is critical to maintaining the status quo that we are starting to see. If the enhancements are done, or some of those meanders are straightened out and you get more flow out of the channels, then the fluctuating and lower water levels in the upper channels helps to suck that water out, possibly without the little channels that we have been cutting. The long -term maintenance of those channels may be able to be eliminated with the increased flow that we get through straightening the meanders. Mr. Roellig asked, "When you are talking about channel maintenance, are you talking about maintaining the hand cut channels "? Mr. Hall replied in the affirmative. Right now with the cost estimates that we have, because we are digging more channels every year, the cost to maintain them is going to go up every year to keep them dug out and flowing. Mr. Roellig stated, "Are the present meandering channels maintaining their size and cross - section since the major dredging "? Mr. Hall replied, "Since the major dredging, those meandering channels are measured every other year and the current flow though there has been enough that they are maintaining themselves, based upon the data that we have this year". Mr. Roellig stated, "We are not looking at maintenance dredging of those channels ". Mr. Hall stated, 'That is something that Mr. Humiston's model could do ". Instead of straightening the meandering channels, we went in and widened or deepened some of the existing meanders. The model could also see how well that Would improve the water movement through that area. There could be a whole series where you could look at digging a straight line from Lower Clam Bay to Upper Clam Bay, determine what the resulting flow would be and then with each miniscule improvement that we could do to the system, see how close we get to that. There may be a point of diminishing return where you just can't get any better without doing 317 CLAM BAY SUB - COMMITTEE October 1, 2003 ki something as drastic as a straight line. The model has been done, calibrated and run and is there as a tool that we can go to later on when we do start potentially looking at other options or activities that we want to undertake within the system. Mr. Roellig asked, 'Would you say that it would probably be easier to permit construction for enlarging or deepening the existing channels versus cutting the by- passes "? Mr. Hall replied, "I think from a regulatory stand - point, deepening or widening existing channels would be easier to convince the agencies of, rather than just cutting a straight line through the area ". There is a myriad of different reasons and one is that there is less vegetative impact. In some instances when you are talking with the agencies that are looking at water quality, slowing down the flow is sometimes a good thing because it allows for more settling and uptake of nutrients that may be in the water and you get more filtering of the water before it enters the Gulf of Mexico. That is one of the pluses and minuses that we would have to review when and if we decide to undertake anything else. Mr. Roellig stated, "I don't believe we would do anything this fiscal year, which started today'. In the future we should look at some of the options that we'might have. I think it would be relatively inexpensive to put in some other cross - sections. Mr. Ward stated, 'When we started this process approximately six months ago, one of the primary reasons that Mr. Hall recommended this was that we were trying to come up with some mechanism to evaluate what we need to do over the next five to ten years ". I am not sure that I completely understand everything that was talked about today, but I think it would be a prudent idea for you to look at your model and come up with recommended long -term ideas for the restoration of this system and specific cost estimates for it, so that the Sub - committee and the Board can evaluate that over the next few months and determine where you want to go with this system. It appears to me that we have spent a lot of money on this model and it can be useful, but you need to think about what those possible solutions really need to be and provide them to the Board for review and a decision. Mr. Hall replied, `That is one of the things that we were charged with this year'. In the Annual Report we hope to provide not only the Annual Report, but also a history of the entire 318 CLAM BAY SUB - COMMITTEE October 1, 2003 1611 - 054151 project from inception to where it is right now, as well as some recommended or potential future activities towards not only restoring this system, but also making it self- maintaining. Mr. Domenie stated, "Page 2 of your Report states, "It contemplated reconnecting Clam Bay to Vanderbilt Lagoon ", but that was never contemplated ". Mr. Hall stated, "That must have been misspoken ". The connection that I was referring to was the connection that would allow storm water to be diverted. Mr. Ward stated, 'Two of the construction projects that we have been talking about is diverting water to the north and also connecting Systems III and IV, more to the south, to move water out of the north ". I remember the cost estimates being in the area of $275,000, but I don't remember the Vanderbilt Lagoon cost estimate. The model proved that neither of those two projects was really worth it and at the end of the day if we did nothing, we sort of answered those two questions. Mr. Domenie asked, "is there any place in the meandering that forms a real constriction that you would say that all we have to do is cut four more feet or deepen it to help"? Is there one particular point where it all constricts or is it the general meandering that causes the friction? Mr. Hall replied, "I believe it is the general meandering, but there are probably four sharp turns that would allow increased flow if we were to straighten them ". As far as getting into trying to deepen or widen some of those constrictions, the engineers would be more capable of answering that than I am and is not something we have gone into in depth or asked the engineers to look at. Mr. Roellig stated, "The question is whether or not we need an additional proposal to come back to our next meeting to take a look at this issue ". We have the model up and running. Mr. Domenie asked, 'Who paid for the dredging of the meandering channels "? Mr. Ward replied, `The County paid for the portion of the pass that the TDC would have paid for and we paid for the balance ". All of the major cuts that have gone in through the balance of the system we have paid for. The County pays for the maintenance at this point. I would really like the consultants to consider how to use the model to come up with some goals and objectives for our Annual Report that will deal with what our long -term plans need to be for this system. 319 .%, cr law CLAM BAY SUB - COMMITTEE October 1, 2003 Mr. Hall replied, 'That was my next question ". I know that this report is on the full Board Meeting Agenda as well. I guess we need to ask the Sub - committee whether you want this presented again today or whether you want to wait and incorporate this into the Annual Presentation to the Board at their Annual Meeting? Mr. Roellig stated, "I would think that we would wait for the full presentation ". We will see what we come up with. I don't think we have ever had a full Board Meeting on a single topic, but this might be a good case for one. Mr. Hall replied, "The Annual Report will, in all probability, require between two and three hours for the presentation ". Mr. Ward stated, "If we are going to do that, this should probably be a piece of that presentation ". Hopefully, by then there will be some recommendations on how to follow up and what you need to do for the next ten years. This is good data. Mr. Domenie asked, "Is there any way you can feel out the regulatory agencies on their feelings about straightening the channel to increase the flushing to benefit the mangroves, or is that not done "? , Mr. Hall replied, "No, that is a possibility if we had a basic work plan put together with the reasoning behind it and what we were hoping to accomplish in the end and could show them that we have had ongoing data collection that supports what we are trying to do ". This would essentially be a pre - application meeting to see what their thoughts or immediate concerns might be. I don't believe that is out of the question. The only difficult part of it would be that it would require representatives from the local Fort Myers office as well as from Tallahassee. Trying to coordinate that meeting could take some time. Mr. Roellig stated, "I will make this a part of my presentation to the full Board this afternoon and it appears to be a very valuable tool that we should make use of". My experience with these kinds of things is that it is not good to put it on the shelf for a couple of years and then take it down to do work on it. Once you have it, you should use it to try to answer questions that you have within a reasonable length of time. CATTAILS 320 CLAM BAY SUB - COMMITTEE 16(1 *V October 1, 2003 Ps iq Mr. Hall explained, "I have tried to provide an information sheet on the cattails and provide information on what we have done to date ". I have been asked to come up with more detailed alternatives for what we can do in that area and what the costs would be. I know that the Foundation has also requested an outside firm to look at the same issues. Hopefully, we will be getting some different viewpoints and hopefully they will also produce similar results. Based on the comments that we are getting from the residents and the results that they would like to see, I think that the only way to meet those goals in a relatively short time frame is through some sort of mechanical removal. Whether or not we would try to either cap that muck with clean fill, completely remove it and backfill it, or whether or not we would be allowed to remove it and just leave it in the water area are the main topics that I am currently investigating. I hope to have more definitive answers for you by the Annual Report. Mr. Burke stated, 'The read on this is that we can't allow the cattails to just propagate without some type of management, is that right "? Mr. Hall replied, "Not to the benefit of the system ". If you let them go as they are, you are going to eventually start getting some water quality degradation that could potentially feed into the mangroves also. The degradation could lead to algae blooms within the bays and/or potential problems with the mangroves. Mr. Domenie asked, "We are continuing to spray the north end, yet the cattails keep coming back, is that correct"? Mr. Hall replied, `They do, but I believe what we are seeing now is that they are coming back less and less ". A lot of the growth you are seeing is just the seed source. There are so many seeds embedded in the muck that it is just impossible to get them all out to treat all of them at the same time and they are going to keep coming up. A cattail seed can fall in the muck and sprout fifteen years later, they stay viable for a tremendous period of time. Mr. Domenie stated, "In the north, between where you have planted and where there is not enough soil, that area appears terrible ". Would it be better to allow the cattails to take over that area, instead of continuing to spray? Is the solution to just keep spraying and leave that area looking terrible? 321 1 i 0 CLAM BAY SUB - COMMITTEE ', October 1, 2003 Mr. Hall replied, "My recommendation is to keep spraying to eliminate the chance of any additional seed source becoming established in that area ". The plantings that we have done are looking very good and are getting to the point now where they have the ability to shade out cattail regeneration where you are seeing the growth. It is very apparent that you are getting more bird utilization in that area, as opposed to the cattail areas. With regard to the muck and mud flat that is there as a result of it, I don't have an easy answer. It is impossible to get any type of bunch grass growing in that location because it is simply too soft and without hardening that area up some, I don't know that there is an easy answer. Right now we are getting some low vine covers becoming more established and I believe they will continue to keep the cattails out, but it is a long -term, not a short-term, solution. Mr. Roellig stated, "It is a matter of an aesthetic viewpoint". I try to be understanding of other viewpoints, but I have to say that it is not unusual to see black areas in a swamp. I hear what Mr. Domenie is saying, but my personal view is not negative, but I realize others do have negative feelings about it. I am not sure what they are looking for. It is a swamp, not a golf course, and 1 don't know exactly how we are going to resolve this. ' Mr. Hall replied, `The feedback that I have gotten is that there are concerns with the dirty appearance and odor". It is not a hard mud flat with a define shape, it is very soft and everything around it appears dirty. Again, I don't have an easy fix or solution. Mr. Roellig stated, 'There is a very good swath of plants that appear to be taking over". It is not something you can put in and in two months have it covered over, but there does appear to be some progression. Mr. Domenie asked, "When did we start the original cattail spraying "? Mr. Hall replied, "We first removed them around Easter of 2001". It has been approximately two years. FOUNDATION BOARDWALK RENOVATION Mr. Ward explained, "Mr. Hall is the consultant for the Foundation ". The Pelican Bay Services Division received the request for the widening of the south boardwalk to look exactly like the north boardwalk, which affects the Clam Bay system and more specifically the cutting and the 322 CLAM BAY SUB - COMMITTEE October 1, 2003 Pulling back of some mangroves that is required" I asked the Foundation to put togethe he plan of their proposed schedule for dealing with the widening of the boardwalk and the protocol that they are going to utilize to deal with the cutting of the existing mangroves. I assume this work is going to be done after season, next year. I am sure you will get questions and I wanted to make sure everybody was up to speed with respect to this plan. Mr. Hall explained, "As you can see, the Water Management District has issued the permit and my understanding is that Collier County Building Department issued the actual construction permit yesterday". The work is going to be done this year, actually within the next month. The Foundation has requested that I secure a proposal for the actual trimming of the mangroves. As you can see, there are probably going to be approximately twenty mangroves that have to be physically cut off. I would say that 90% of the mangroves that we need to cut are Black Mangroves and will be cut below the decking, but not to the ground. Black Mangroves are very good at sending out root shoots and hopefully they will still re- sprout after they have been cut and can be trained to grow up around the new boardwalk. The balance of the mangroves will be physically tied back with ropes so that they are out of the way of the people putting up the handrail. Once the handrails are complete the trees will be untied and allowed to come back. All the material that is cut will be hauled out. The State has required that the Foundation replant two mangrove seedlings for every tree that they cut. In conversations with the Pelican Bay Services Division, they felt that was a little skimpy and my understanding is that the Foundation has agreed to replant twenty trees for every one that is cut. They have agreed to plant the mangroves in the lightening strike areas, to help those areas become established a little quicker. This is being presented so that you know what is going on. Because it will be happening soon, there are most likely going to be calls about people cutting mangroves. The Board needs to be aware that all of the proper procedures and protocols are being followed and the work has been permitted, as it needs to be. Mr. Domenie asked, "Has the Strand work begun "? Mr. Hall replied, "That work began last Wednesday". The trimming was completed today. They are starting with the wall restoration either this afternoon or tomorrow. 323 CLAM BAY SUB - COMMITTEE October 1. 2003 Mr. Domenie asked, "Will you be monitoring that work "? Mr. Hall replied, "We were there full time while the trimming was being done ". Now that the wall work has started, we are committed to being there at least once, towards the end of every day to monitor the progress made that day and to also make sure that no debris has been left behind. Mr. Burke asked, "During the widening of the boardwalk, the base is staying in place, is that right"? Mr. Hall replied, 'That is correct ". An addition is being placed on the outside edge of the concrete piers and then the boardwalk itself is cantilevered one foot over each side in the ten -foot sections. In the wider sections it is just going to be extended one foot, so that they maintain the consistent width. Mr. Roellig stated, "Again, this is just for our information ". There is no need for approval. Mr. Hall stated, 'The tree removal is of minimal impact and is more of an issue for this Board, in that you have spent money protecting those trees, so you don't want to see any cut that don't have to be ". Mr. Roellig stated, "As I understand it, the permit requires 85% survival of the additional mangroves ". Mr. Hall replied, "If they are cutting twenty trees, the permit requires them to plant 40 trees and 85% of those 40 have to survive ". They will be planting 400 mangroves instead of 40. Mr. Roellig stated, "Most of the new plantings could die and they would still be within their permit conditions ". Mr. Roellig continued, "I know the fire in the mangroves was discussed, but I don't now of any specific action we would be taking on that and I believe it is more of a Foundation issue ". I don't think there are any plans for a fire alarm system on the boardwalk or how they would treat future fire problems. Mr. Hall replied, "I can say that the area that was damaged is part of what is being replaced ". The wood that they are using is a lot more fire retardant than what is there right now. 324 CLAM BAY SUB - COMMITTEE October 1, 2003 Not to say that it still won't burn, but I think they learned quite a bit with where everything is as far as their valves, hook -ups, etc. in case there is another fire and they can be quicker to respond. AUDIENCE PARTICIPATION There were no comments from the audience. ADJOURN There being no further business the meeting adjourned at 2:50 P.M. David Roellig, Chairman 325 -wCp * 00_K�-n-nCtn— �v�'_n0 -u �n 0 O J —1 �� .r• _ O C O = �y O (D �p y� 3. 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Personal Services - Field Total Personal Services Appropriations - Operations Administration Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rent - Buildings Rent - Equipment Lease Purchase Dell Computers Insurance - General Direct Client Support Printing or Binding - Outside Vendors Clerks Recording Fees, Etc. Legal Advertising Reimbursement for Prior Year Revenue Office Supplies - General Copying Charges Minor Office Equipment Computer Software Other Training & Educational Exp. Other Operating Supplies Total Administratio Field Services Engineering & Consultants Berm & Swale Maintenance Water Quality "Testing Plan Review Services Water Use Charges Replanting Program GENERAL FUNDS Water Community Street RevJEap. Total Rev/Eap F.Y. 2003 Favorable % of Mat_ Re9uti{Ie2tiOn Liehts Security Sept. Thru Sept Budget Unfavorable Budget $5,834 $37,369 $10,775 $6,493 $5,013 $60,472 $75,300 ($14,828) 80.31% $0 $0 $0 $0 $0 $0 $5,000 ($5,000) 0.00% $0 $0 $0 $0 n/a $0 $0 $0 n/a $226 $689 $202 $0 $0 $1,118 $0 $1,118 0.000,0 $477,636 $1,455,526 $205,912 $420,150 $0 $2,559,224 $2,651,000 ($91,776) 96.54 00 $0 $0 $0 $0 $0 $0 $330,520 $330,520) 0.00% $483,696 $1,493,584 $216,890 $426,644 $5,013 $2,620,813 $3,061,820 ($441,0116) 85.60% $7,453 $22,734 $3,905 $4,568 $0 $38,661 $54,100 $15,439 71.469'o $9,572 $29,213 $4,159 $8,445 $0 $51,389 $82,000 $30,611 62.67% $0 $0 $0 $0 $0 $0 $139,500 $139,500 0.00% $17,025 $51,947 $8,065 $13,013 $0 590,050 $275,600 $185,550 32.67% $466,671 $1,441,637 $208,825 $413,631 $5,013 $2,530,763 $2,786,220 ($255,456) 90.83°' $43,993 $45,111 $36,893 n/a $8,790 $125,997 $127,600 $1,603 98.74% $107.631 $596,448 $30,596 n/a $44,925 $734,675 $783,900 $49,225 93.72% $151,624 $641,559 $67,489 SO $53,715 $860,672 $911,500 S50,828 94.42% $111,900 $0 $9,900 n/a $0 $121,800 $122,600 $800 99.35°0 $14,866 $20,331 $14,520 n/a $465 $49,717 $69,000 $19,283 72.05 9'0 $412 $364 $456 n/a $80 $1,232 $2,000 $768 61.60 °0 $2,318 52,314 $1,448 n/a $497 $6,080 $10,500 $4.420 57.91 0/0 $6,084 $6,104 $986 n/a $8,811 $13,174 $13,000 ($174) 101.34 00 $7,970 $8,212 $7,970 n/a $0 $24,153 $23,900 ($253) 101.06% 5794 $794 $794 n/a $223 $2,381 $3,700 $1,319 64.349'0 $1,114 $0 $0 n/a $0 $1,114 $1,200 $86 92.800/c $3,000 $500 $400 n/a $0 $3,900 $3,900 $0 100.00% $3,050 $3,272 $3,000 n/a $0 $9,322 $900 ($8,422) 1035.78 °4 $3,475 $3,478 $0 n/a $0 $6,953 $4,000 ($2,953) 173.83 0/4 $0 $0 $0 n/a $0 $0 $4,000 $4,000 0.00°/ $627 $627 $0 n/a $0 $1,254 $6.000 $4,746 20.9094 $40,000 $282 $51 n/a $0 $40,333 $40,000 ($333) 100.830/ $1,959 $1,995 $768 n/a $826 $4,721 $3.500 ($1,221) 134.89° $462 $0 $0 n/a $0 $462 $1,900 $1,438 24.32 °s $0 $299 $0 n/a $0 $299 $600 $301 49.760, $0 $0 $0 n/a $0 $0 $100 S I M 0.000/ $0 $0 $0 n/a $0 $0 $400 $400 0.000/ $89 $0 $0 n/a $0 $89 $800 $711 11.080 n $198,119 $48,571 $40,293 $0 $10,903 $286,982 $312,000 $25,018 91.98° $5,619 $0 $0 n/a $749 $5,619 $13.070 $7,451 42.99° $0 $0 $0 n/a $0 $0 $5,000 $5,000 0.009 $10,078 $0 $0 n/a $0 $10,078 $14,000 53,922 71.999 $0 $0 $0 n/a $0 $0 $5,000 $5,000 0.009 $0 $80,516 $0 n/a $5,225 $80,516 $95,000 $14,484 84.759 $0 $67,234 $0 n/a $33,984 $67,234 $42,300 ($24,934) 158.94° Page 1 COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR TWELVE MONTHS ENDING SEPTEMBER 30, 2003 GENERAL FUNDS Water Community Street Other Contractual Services $70,551 $203,033 $4,286 Per Diem - Conferences, Schools $0 $609 $0 Motor Pool Rental Charge $0 $810 $0 Telephone - Direct Line $0 $962 $0 Cellular Telephone $1,791 $1,888 $1,749 Postage, Freight & Ups $46 $648 $0 Electricity $0 $1,274 $22,832 Trash & Dumpster Fees $6,672 $31,007 $0 Rent Equipment $415 $4,983 $0 Insurance General $1,800 $7,800 $700 Auto Insurance $2,800 $5,600 $900 Sprinkler System Maintenance $0 $51,674 $0 Maintenance - Landscaping $o $43,641 $0 Autos & Trucks R&M Outside Vendor $0 $0 $0 Fleet Maintenance - Labor $166 $7,896 $0 Fleet Maintenance - Parts $96 $6,865 $0 Fleet Maint. Non ISF $0 $262 $0 Boat R &M $0 $0 $0 Other Equipment R&M $298 $946 $0 Printing - Outside Vendors $0 $0 $0 Photo Processing $0 $0 $0 Licenses & Permits $20 $450 $0 Copying Charges $436 $41 $0 Uniform Rental $1,076 $7,465 $0 Chemicals $56,786 $34,631 $0 Fuel & Lubricants - Outside $0 $868 $0 Fuel & Lubricants - Inside $4,252 $18,224 $0 Minor Operating Equipment $0 $4,376 $0 Other Training & Educational $114 $1,241 $0 Other Operating Supplies $5,588 $85,937 $16,175 Total Field Services $168,604 $670,880 $46,642 Capital Outlay Capital Expenditures $25,658 $63,383 $25,215 Total Capital Outlay $25,658 $63,383 $25,215 Security Personal Services Other Contractual Services Total Security Operations TOTAL APPROPRIA Net Income from Operations Fund Balance (a. 10/ 1 /02 Fund Balance September 30, 2003 Fund Balance Allocations Reserved for Operations Reserved for Capital Outlay n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a $0 0 Rev,/Exp. Total Rev/Exp F.Y. 2003 10 § $10,135 $137,566 $192,150 ION 510,135 $137,566 $192,150 $o $o $o $o $0 $0 $0 $374,590 $0 $0 $0 $374,590 ($77,335) $17,243 $29,187 $15,731 $305,500 $533,500 $142,000 $145.700 $228,165 $550,743 $171,187 $161,431 $148,565 $387,343 $164,387 $156,431 $79,600 $163,400 $6,800 $5.000 n/a $0 $0 )33 $374,590 $397,100 133 $374,590 $397,100 ($260,560) ($15,173) n/a $ 1,126,700 $1,111,527 $0 $1,015,800 $1,015,800 $856,727 $371,000 $254,800 $254.800 Favorable % of Unfavorable Budge $97,030 ($609) ($810) ($962) $373 ($495) $7,394 ($16.779) $3,602 $0 $0 ($31,674) $9,559 $1.000 ($162) $5.339 $2,138 $500 $1.756 $200 $100 $630 ($477) ($1.741) $15.783 ($68) ($12.276) ($1.076) ($155) ($1.700) $87,344 $54.584 Thru Sept. Budget _Sept. $26,754 $277,870 $374,900 $0 $609 $0 $201 $810 $0 $0 $962 $0 $342 $5,427 $5,800 $42 $695 $200 $4,576 $24,106 $31,500 $2,355 $37,679 $20,900 $8 $5,398 $9,000 $0 $10,300 $10,300 $0 $9,300 $9,300 $25,947 $51,674 $20,000 $3,048 $43,641 $53,200 $0 $0 $1,000 $1,508 $8,062 $7,900 $1,189 $6,961 $12,300 $262 $262 $2,400 $0 $0 $500 $0 $1,244 $3,000 $0 $0 $200 $0 $o $1o0 $0 $470 $1,100 $0 $477 $0 $2,561 $8,541 $6,800 $8,847 $91,417 $107,200 $0 $868 $800 $3,787 $22,476 $10,200 $o $4,376 $3,300 $156 $1,355 $1,200 $6,247 $107,700 $106,000 $127,787 $886,126 $973,470 10 § $10,135 $137,566 $192,150 ION 510,135 $137,566 $192,150 $o $o $o $o $0 $0 $0 $374,590 $0 $0 $0 $374,590 ($77,335) $17,243 $29,187 $15,731 $305,500 $533,500 $142,000 $145.700 $228,165 $550,743 $171,187 $161,431 $148,565 $387,343 $164,387 $156,431 $79,600 $163,400 $6,800 $5.000 n/a $0 $0 )33 $374,590 $397,100 133 $374,590 $397,100 ($260,560) ($15,173) n/a $ 1,126,700 $1,111,527 $0 $1,015,800 $1,015,800 $856,727 $371,000 $254,800 $254.800 Favorable % of Unfavorable Budge $97,030 ($609) ($810) ($962) $373 ($495) $7,394 ($16.779) $3,602 $0 $0 ($31,674) $9,559 $1.000 ($162) $5.339 $2,138 $500 $1.756 $200 $100 $630 ($477) ($1.741) $15.783 ($68) ($12.276) ($1.076) ($155) ($1.700) $87,344 $54.584 71.5900 $54,584 71.59% $0 0.00°0 $22.510 94.33 °o $22,510 94.33% 1240,283 91.38% ($15,173) Notes: Fund Balance at 10/1/02 (actual) includes Reserve for Encumbrances of $50,519.62 FY 2003 Unappropriated Fund Balance Budget includes $50,519.62 of Rolled Encumbrances and a $40,000 B.A. in Water Management Page 2 pop . COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR TWELVE MONTHS ENDING SEPTEMBER 30, 2003 Revenue Interest Income Miscellaneous Income Interfund Transfers Assessment or Ad- Valorem Tax Levy Unappropriated Fund Balance Total Revenue Other Fees & Charges Property Appraiser Tax Collector Revenue Reserve Total Other Fees & Charge! NET REVENUE Appropriations: Engineering & Consultants Other Services Capital Outlay TOTAL APPROPRIATION'. Net Income from Operations Fund Balance @ 10/1/02 (Actual) Fund Balance @ Sept. 30, 2003 CAPITAL PROJECTS FUNDS Clam Bay Uninsured Irr. & Land. Rev./Exp. Total Rev /Exp F.Y. 2003 Favorable % of e.. 4 .. A-e A..owc:c Q* Thru Cnnt_ Rudoet Unfavorable Budget $0 $33,657 $40,927 $4,174 $74,584 67,700 $6,884 110.17% $1 $0 $75,614 $0 $75,615 0 $75,615 n/a $436,200 $0 $150,000 $0 $586,200 586,200 $0 100.00% $2,196 $0 $260,578 $0 $262,774 272,600 ($9,826) 96.40% $0 $0 $0 $0 $0 524,304 $524,304) 0.000/0 $438,397 $33,657 $527,118 $4,174 $999,172 $1,450,804 ($451,632) 68.87% $0 $0 $4,205 $0 $4,205 $5,500 $1,295 76.45% $44 $0 $5,000 $0 $5,044 $8,500 $3,456 59.35% $0 $0 $0 $0 $0 $14,300 $14,300 0.00% $44 $0 $9,205 $0 $9,249 $28,300 $19,051 32.68% $438,353 $33,657 $517,913 $4,174 $71,115 $989,923 $226,744 $1,422,504 $303,464 $432,581 $76,719 69.59°/. 74.72% $226,744 n/a $0 $203,225 n/a $270,752 $64,957 $473,977 $853,529 $379,551 55.53% n/a $0 $124,663 $69,895 $124,663 $265,512 $140.849 46.95% $429,969 $0 $395,415 $205,967 $825,385 $1,422,504 $597,120 58.02 ° /. $8,384 $33,657 $122,498 ($201,793) $164,539 $0 $164,539 $437,200 $1,140,300 $400,036 n/a $1,977,536 $1,322,000 $445,584 $1,173,957 $522,534 1 $2,142,075 $1,322,000 Fund Balance Allocations Reserved for Operations $445,584 $0 $400,434 $846,018 $0 Reserved for Capital Outlay. $0 $1,173,957 $122,100 $1,296,057 $1,322.000 Notes: F.Y. 2003 Budget for Fund Balance At 10/1/02 (Actual) includes Reserve for Encumbrances of $176,604.16 F.Y. 2003 Budget for Unappropriated Fund Balance includes $176,604.16 in Rolled Encumbrances. Page 3 v f 06 / Memorandum RIIIIVEI) NOV o 4 2003 Board of County Commissioners To: Sue Filson, Executive Manag r, oard of County Commissioners From: D. E. "Bleu" Wallace, Director Date: October 31, 2003 Subject: Transmittal of September 22, 2003 Minutes of the Collier County Water and Wastewater Authority Regular Meeting Transmitted herewith are the approved minutes of the September 22, 2003 regular meeting of the Authority, approved on October 27, 2003. Direct any questions to me at 659 -5717. Operations Department Community Development & Environmental Services Division Fiala Halas Henning Coyle _ Coletta I I ' 6(h "' --: t 14-6 September 22, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Naples, Florida, September 22, 2003 LET IT BE REMEMBERED, that the Collier County Water and Wastewater Authority in and for the County of Collier, having conducted business herein, met on this date at 2:00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Dr. Fay R. Biles Robert Bennett Jack Markel Lowell M. Lam Jerry P. Morgan ALSO PRESENT: Bleu Wallace — Executive Director of the Authority Tom Palmer — Assistant County Attorney 1 3 rE(i�� B6 . "M � L i"X4 ff W il,ft, -96" I. Call to Order (Determination of Quorum) The meeting was called to order by Dr. Fay Biles at 2:05 PM and a quorum was established. II. Approval of Minutes — Meeting of July 29, 2003 - Mr. Bennett had a question of other department members being in attendance at the meeting and the workshop that was agreed upon with Dr. Colfer. - Mr. Wallace — Executive Director of the Authority — In Sept. the BCC had a two day Board meeting. On the second day Mr. Wallace had a meeting scheduled with the different departments and staff in which had to be canceled because of the Board meeting. The meeting is now set for the first week in October, after that meeting Dr. Colfer will then report back with her research to the Authority. - The workshop was discussed in which Mr. Wallace will make sure Dr. Colfer is on the Agenda for the October meeting. - Page 4, last Paragraph, felt there was an error in the statement referring to the septic systems averaging 27" to 42" below the surface of the water table. Mr. Wallace will speak with Mr. Miller to correct the error. - Page 8 — Dr. Biles asked if there were any other legal actions relevant to Florida Water Services. Tom Palmer — Assistant County Attorney responded "yes" one law suit followed by Florida Water Services Corp. against the County — the Water Wastewater Authority is still pending. The legal fees for Mr. Mike Toomey and Susan Fox have come out of the Counties General Fund. Mr. Palmer is not sure if the law suit will be dismissed; subsequent to the sale and purchase by the City of Marco Island should the sale and purchase go forward. - Last Paragraph — Governor vetoed the Bill (Jurisdiction of Local Governments in regards to large sales). The bill is dead but could be done in the next Legislative session. Mr. Bennett moved to approve the minutes of July 28, 2003 as amended. Second by Mr. Lam. Carried unanimously 5 -0. III. Items Requiring Action by the Authority — Mr. Bleu Wallace - Item (C) - North Marco Utility Filing — added Resolution - Item (D) - Goodland Isles — Request for Deletion of Service Territory - Item (E) - Lee Cypress Water & Sewer Cooperative — Final Funding of Extraordinary Repairs Plant Operations. 6 Iq Mr. Wallace had Jim Wiggins come forward. They are downsizing as a result of the Florida Water sale and their losing several utilities over the years. Jim Wiggins has been with the staff since 1996 and plans on leaving the County in October. He was thanked for his efforts and everyone wished him well. A. Pass - through Rate Increases — Increase In Regulatory Assessment Fees from 1.5% to 2 %, effective October 1, 2003 — Mr. Wallace Final order 2003 -04 — Florida Water Services Corp. Final order 2003 -05 — Orange Tree Utilities Final order 2003 -06 — North Marco Utility Company Final order 2003 -07 — Goodland Isles, Inc. All tariffs have been updated and verified. Mr. Bennett moved to adopt the above Final Orders. Second by Mr. Markel. Carried unanimously 5 -0. B. Application for Acknowledgement of the Sale of Florida Water Services Corp. Facilities in Collier County to the City of Marco Island & request for Expedited Consideration — Mr. Wallace - Staff had received a joint application, reviewed it and sufficient to present to the Authority with a Preliminary Order 2003 -01 recommending the BCC approve the sale and transfer from Florida Water to the City of Marco Island both systems — the Marco Island System & the Marco Shores Systems. - By Ordinance the Authority must consider Items A through E (page 76 of packet). Staff has no reason to deny the application. The joint application stated there were no contemplated rate increases for the first five years except for price indexes per year. - The price index methodology was given to Mr. Harrison by Mr. Wallace. - Mr. Bill Harrison — Finance Director, City of Marco Island — stated they are using the same formula of establishing the rate increase that was provided by Mr. Wallace and will not go into effect until October 2005. Cost indexing will be applied across the board on a given percentage to all the rate structures for its various classes for their customers. They are not looking for any other rate increases for the first five years "other than by cost indexing ". - Mr. Wallace mentioned there is a separate methodology used by municipalities and governmental entities. 4 SPEAKERS Joseph Langkawel — President of the Capri Civic Assoc. — has some concerns about the project. They currently have county water; Commercial District has Florida water & sewer with the rest under septic systems. They are concerned about how the Administration of change -over will affect them. How they will be notified of any rate increases, if there will be a governing Board and if the residents would be able to attend or have the opportunity to be part of that Board. Mr. John Arceri — Marco Island City Council — answered that Marco has developed long term plans to get rid of the septic systems. They have not thought about a Board at this time — they are now going through a transition of bonds and employees etc. He felt they would have input from all their customers. Morris Jones — Board of Director (Mainsail Condominium) — he has concerns on the fees and potential sale. He asked if the fee adopted earlier was a fee attributable to nonexempt private utilities, not being applicable to Utilities owned by municipalities. Mr. Wallace responded that he was correct. He also referred to pages 21 & 22 on the rate calculation sheet concerning the specific rates and fees. It was explained and discussed at length. Mr. Jones wanted to note that there are differences in rates being charged to Marco Island and Marco Shores customers. He is concerned about sur- charges that may be charged when the sale is finalized. He also felt the language is confusing and not clear in reference to "rates." John Arceri — Marco Island City Council — he has been involved in this issue since 1988. It was not their idea to take over Florida Water — the City of Marco Island tried to work out an agreement for 2 years to stay under regulatory control and not own it. Florida Water wanted to sell it to a governmental entity and not a private company. The most important part of the plan was to make sure they identified all the critical capital needs for the next five years. Purchase price was negotiated and reduced from $110M to $85.3M. They can handle the cash flows without a rate increase to their customers for at least five years, other than indexing the cost of living adjustments. This will be a cash flow analysis on revenues. The 1.5% charge will be included in rates and will stay. The residents will be paying the basic water rates — what they are paying today and will be continued for the next five years. They will not do indexing until next year. The will put together a detailed business plan for five areas. He talked about their goals concerning the billing process, upgrading systems, expansions, getting rid of septic tanks and long term plans for rates. He is sensitive to the concerns of Marco Shores and Isle of Capri residents. They will hold to developer agreements. They would not object if the County wanted to take over the Isle of Capri sewer. Marco Shores is not in the best shape of all 5 1 1)f' 86 a the systems they are taking over and requires capital work, upgrades and expansions in the next five years. He feels Marco Island will be a good neighbor, committed, will get input from all customers and make sure they hold the line on rates. He will also talk to the Civic Associations and/or anyone else that has questions. David Schmidt — Q. Grady & Minor Assoc. on behalf of WCI Communities on Marco Shores — he thanked Mr. Arceri for the information given — he addressed many of the concerns they had. One fee that wasn't addressed was Allowance for Funds Presently Invested. He wondered if it would be disbanded. Mr. Harrison responded that they are adopting the total rate as it is today of Florida Water — a municipal rate — not a private sector utility rate. Steven Menton — Tallahassee — Regulatory Council for Florida Water — The litigation issue between Collier County and Florida Water surfaced last week. He doesn't feel it is an issue relevant to the sale. They are willing to sit down with the County and discuss the legal issues involved. He is not familiar with the complicated issues involved. Mr. Palmer stated that any kind of refund by the County to any utility being regulated is the disburdenment of the Water & Wastewater Authority. Mr. Wallace has said the City Manager has no intentions of disbanding the Water & Wastewater Authority. Apparently there will be no refunds to anyone. Staff recommends adoption of the Preliminary Order No. 2003 -01. Mr. Lam moved recommendation of adoption of the Preliminary Order 2003 -01 to the Board of County Commissions on Oct. 14th for the approval of sale and transfers from Florida Water Services Corp. to City of Marco Island and waiver the application fee. Seconded by Mr. Bennett. Carried unanimously 5 -0. C. North Marco Utility Filing — Mr. Wallace — staff recommends the Resolution 2003 -01 providing preliminary approval to the 12.91% increase. The rate adjustment may not be implemented until construction is complete and the improved system is placed in the public service. Mr. Morgan asked about a performance bond for 100% of the contract. David Schmidt — Q. Grady & Minor Assoc. are the design professionals of the project. There is a performance payment bond required of the contractor and included in the overall mobilization costs. They did not have a specific line item. Discussion followed on progress payments, inspections and the difference between the 120 and 150 days for preparation etc. on f_a Craig Woodward — Attorney for North Marco Utilities — introduced George McFarland — a report was submitted (in packet) concerning the funds and engineering costs. He discussed the increase of income from the existing revenues for their needs to cover the costs as stated in the report. The revenue requirement using the 940,000 would jump to $297,352 and would have a 919,000 rate base — seeking a 6.99% return. The AFUDC "Allowance of Funds During Construction" needs the Boards approval also. Mr. McFarland discussed reengineering fees, final contract cost and letting the Board know the real costs at the end. Mr. Wallace mentioned they required them to take any capacity fees that were authorized to place in escrow. Mr. Wallace would release them for a certain purpose. Craig Woodward handed out a spreadsheet on the proposed costs to their customers. This is for the entire system to be built. (Attached) He covered and explained the figures. Mr. Bennett moved to adopt Resolution 2003 -01. Seconded by Mr. Markel. Carried unanimously 5 -0. D. Goodlette Isles, Inc. — Request for Deletion of Service Territory — Mr. Wallace — staff recommends the adoption of Final Order No. 2003 -08, deleting specific areas from the certificated sewer service area of Goodland Isles, Inc. as requested by the Utility. This is in accordance with the Ordinance. George Hermanson — Holes Montes — Civil Engineer for the development — represents Robert Reed/Developer of Calusa Island Village — there was a settlement made with Mr. Rackouski to extract the property from the service area. Mr. Lam moved to adopt Final Order No. 2003 -08. Seconded by Mr. Bennett. Carried unanimously 5 -0. E. Lee Cypress Water and Sewer Cooperative — Final Funding of Extraordinary Repairs and Plan Operations — Mr. Wallace — Lee Cypress is no longer in receivership and needs to pay some last minute bills on extraordinary repairs of $8,100 in pumping costs. He will then prepare a final report for the courts. Mr. Lam moved to approve the extraordinary repairs, not to exceed $8,100. Seconded Mr. Markel. Carried unanimously 5 -0. 7 16(I1" 0,6� IV. Open to the Public — no other speakers. V. Discussion by Authority Members — None. VI. Staff Update (Goodland Isles) There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:45 pm. Al/ 01 Chairman Dr. Fay Biles 8 ATER & WASTEWATER AUTHORITY 47- 31 -a.3 F�a�a MENTAL ADVISORY COUN( I Pit 07 pi'l "alas. REAVE nin9 CoY%e November 5, 5 2003 OCT 2 4 2003 Co1elfta 9:00 A.M. Board of County Commissioners Commission Boardroom W. Harmon Turner Building (Building "F ") —Third Floor I. Roll Call II. Approval of Agenda III. Approval of Meeting Minutes A. August 6, 2003 B. October 1, 2003 IV. Land Use Petitions V. Old Business: VI. New Business: LDC amendments - Cycle 3 VII. Council Member Comments VIII. Public Comments IX. Adjournment ************************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on October 31, 2003 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403- 2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. u: 1 taf. �b-1 _. aj. 161)1 07 4�a alas August 6, 2003 ?env in9 ., ;oyle --- r,oletta ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room, 3rd Floor, Administration Buildi?kc fIV 3301 Tamiami Trail Naples, Florida 34112c� 2 4 2aa 9:00 AM August 6, 2003 Commissione^�• ;0ay4 01 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Tom Sansbury Michael V. Sorrell Alexandra Ellis Ken Humiston William Hughes Alfred Gal Ed Carlson (left at 3:50 PM) Erica Lynne (left at 1:00 PM) Collier County Staff: Patrick White, Bill Lorenz, Barbara Burgeson, Stan Chrzanowski, Stephen Lenberger, Marjorie Student — Assistant County Attorney — Ellen Chadwell filled in for Marjorie Student from 12:45pm- 1:20pm, Kim Hadley, Russell Webb, Fred Reischl u -, P� 1 (.e(,s 1 V6 -1 Page 1 s � , gust 6, 2003 I. Roll Call -The meeting was called to order at 9:06 AM. A quorum was established. Members: Alexandra Ellis, Tom Sansbury, Ken Humiston, William Hughes, Alfred Gal, Ed Carlson, Erica Lynne, Michael Sorrell - Michael Coe had an excused absence. Collier County Staff. Bill Lorenz, Barbara Burgeson, Stan Chrzanowski, Stephen Lenberger, Marjorie Student — Assistant County Attorney, Fred Reischl, Kim Hadley, Russell Webb II. Approval of Agenda -Due to the fact that Stewart Earthmining was originally listed first on the agenda and they were continued from the last meeting, the committee members decided to hear the two Stewart Earthmining petition's first. -All committee members agreed to the revised agenda. III. Approval of June 4, 2003 meeting minutes -Mr. Hughes stated that at the last meeting he asked to have an update on the county leech -aide processing facilities at the waste facility. This request was not in the minutes and he had not yet been contacted to set up an appointment to see the facility. -Mr. Lenberger stated that he would follow up with Mr. Hughes question and he would also hand out a tape, in regards to the waste management issue, to the committee members after the break. (A copy of this tape was not provided to the court reporter.) -Mr. Carlson moved to approve the minutes of June 4, 2003 as corrected. It was seconded by Alexandra Ellis. All were in favor; the motion passed unanimously, 8 -0. IV. New Business A) Land Development Code Amendments (Clam Nursery Amendment) - Russell Webb, Collier County Planning Services, asked if there were any questions regarding the proposed LDC amendment. The committee members did not have any questions regarding the amendment. Page 2 16 *� B AuTst 6, 200 3 - Alexandra Ellis made a motion to recommend approval to the BCC of the proposed LDC amendment. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 8 -0. V. Land Use Petitions A) Conditional Use No. CU- 2002 -AT -3537 "Stewart Earthmining" Section 19, Township 46 South, Range 29 East B) Conditional Use No. EX- 2002 -AT -4278 "Stewart Earthmining" Section 19, Township 46 South, Range 29 East -Items V -A & V -B were heard together. -The court reporter swore in all those who would be testifying. -There were no disclosures reported. -Stan Chrzanowski, Development Review Engineering Staff, explained that the petition is now being heard as a conditional use petition with the accompanying excavation permit application. Mr. Chrzanowski pointed the area out on the map and reminded the committee that previous concerns about this petition were in regards to the fact that the depth of the excavation did not follow the fetch- formula. -Mr. Hughes asked if the fetch formula could be changed in the code. Mr. Chrzanowski explained that this approval would only be for this petition and he saw no reason to change the formula in the code. Mr. Humiston believed that the fetch formula should be removed from the code since the water stratification did not have an affect on the water quality. Mr. Chrzanowski stated that he could schedule a workshop for the EAC to discuss the fetch formula. -Mr. Carlson felt the issue was that the deep lake was a direct conduit into the surficial aquifer. He noted that he did not have a problem with the petition, but asked if anyone would be reviewing adjacent land uses to verify if a protection Page 3 161 B7 August 6, 2003 zone was needed. Mr. Chrzanowski stated that he did not know if there would be anyone to review this, but he will look into the matter. -Erica Lynne agreed with Mr. Carlson's concern and asked if they were sure that the depth of the lake would not punch through to the deep aquifers. Mr. Chrzanowski stated that this would not happen. -Mr. Hughes made a motion to approve the two petitions with the addition of a berm, (with a membrane), and the recommendation that the county closely monitors surrounding land uses to ensure that no potential pollutants are not in the areas. - Pamela Stewart, Attorney for Stewart Earthmining, was against having a "requirement" for a berm, unless it can be shown through a study of the surrounding lands that there is a problem with seepage. -Jeff Davidson, Civil Engineer, stated that typically the lake excavations that they do in Collier County are berm -ed or the stage in the lake is less than 100yr flood elevations. He did not believe this requirement would be a problem. He did not believe that placing a membrane in the berm would help the flow of ground water. -Nick Stewart, President of Stewart Mining, had no objections to Mr. Carlson's recommendation to have the county review adjacent land uses. Mr. Stewart also had no objections with the berm. Public Speakers 1) Howard Hayes, DEP — Bureau of Mine Reclamation, asked if the board had any questions on the state regulations on mining. -Mr. Carlson asked if they looked for significant point sources of pollution in the region around sand -pits similar to this one. Mr. Hayes stated that they do when the application comes in, but they have no authority to regulate land uses. He added that future changes in land use, would be a county issue. -Mr. Humiston asked if Mr. Hayes knew about the "cattle dunk baths" and if there were any in this area. Mr. Hayes stated that the district office would inform them of this type of situation when the application was received and his department walks the sites. If anything like this were Page 4 B7August 6, 2003 found during the walk, then it would be a concern. Mr. Stewart added that it would have shown up after the state had located all of the "dip -bath areas" and there was nothing listed on his title policy. 2) Mark Hurst, Mining Consultant, informed the committee that he was currently employed by Stewart Mining. Mr. Hurst noted that this mine will be required to have an industrial waste water permit. The permitting review is intended to prevent the mining companies from polluting the ground. He thought that it was a good idea to review adjacent land uses to ensure that nothing was seeping into the pit and potentially the ground water as well. Mr. Hurst explained that the "potentially polluting facilities" would also be required to obtain similar permits and prove that they will not be polluting the ground water. Mr. Hurst stated that this site is located near citrus grove and he has never experienced problems in the past with grove chemicals entering the pits. -Mr. Stewart stated that they would not mind taking water samples and submitting the results to the county on a quarterly or biannual basis in order to ensure water quality. Mr. Carlson stated that he is not looking for something like this; he is looking for something like a "well field protection effort". -When the motion was recalled, Marjorie Student informed the committee that they needed to make to separate motions; one for the conditional use and one for the excavation permit. -Mr. Hughes made a motion to recommend approval of the conditional use permit with the condition that the excavation pit be berm -ed, (if there is not sufficient clay material, then some type of barrier material should be installed to prevent horizontal flow from surrounding properties), and the recommendation that the county establish a procedure that would monitor the surrounding land uses to ensure that no pollution source would be able to enter the pit. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 7 -0. Page 5 - 6(l August 6, 2003 -Mr. Hughes made the same motion in regards to the excavation permit. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 7 -0. C) Planned Unit Development Amendment No. PUDZ- 2002 -AR -3158 "Coconilla" Section 17, Township 48 South, Range 25 East -The photos, maps, and presentational materials provided to the committee were not provided to the court reporter for this item. -The court reporter swore in all those who were testifying. - Disclosures: -Mr. Carlson stated that he had numerous meetings with the petitioner and his employer is planning a benefit with the Pelican Island Yacht Club. Mr. Carlson recused himself from the vote. -Mr. Humiston stated that the applicant is his client. Mr. Humiston recused himself from the vote. -Erica Lynne stated that she received a lot of information in the mail, one telephone call, emails, and her signature is on an application to save the Seagulls. Due to an appearance of a conflict of interest, Erica Lynne recused herself from the vote. -Mr. Sorrell stated that he received pro and con information in the mail. He did not believe that this would "cloud" his judgment. -Mr. Hughes stated that he had been receiving items in the mail and he visited the site unannounced in order to review it personally. -Mr. Sansbury, Mr. Gal, and Alexandra Ellis also received materials, but not enough to present a conflict. -Rich Yovanovich, with the law firm of Goodlette, Coleman, & Johnson, represented the petitioner. The existing site is zoned C -4. It was recently an active Marina, which resulted in the environmental contamination on the property. Eco -group has a contract to purchase the property; the marina will not stay and will not be a future use on the property because it is not an economically sound Page 6 107August 6, 2003 investment. The petitioner is proposing a residential condominium, which includes public services with the project. The project includes a residential tower that stair steps up from 15 stories over parking to 21 stories over parking. There will be 10 marina villas in the project and 102 units. The petitioner is proposing to provide the public with public parking, which will enable the county to build additional parking for trailer -ed boats. They will also provide for interconnectivity with the park. The fueling station proceeds will go to the county. There will also be a public ship- store. The site is — 10.45 acres; —.43 is under water. The petitioner is proposing to create a marina for boat slips and a flushing area that will be replanted with mangroves. Mr. Yovanovich stated that the neighboring PUD was approved for four towers with a maximum height of 200ft over parking; therefore the transition is compatible with area uses. Mr. Yovanovich reviewed policy 5.9. The petitioner is requesting —11 units /acre after the public areas have been removed from the equation. Mr. Yovanovich stated that this is within the intent and desire of the comprehensive land use plan and therefore consistent from a future land use element standpoint. The county conservation element, water related vs. water dependent uses, was also reviewed with the committee. Mr. Yovanovich feels that they have complied with the conservation element. The petitioner has provided a manatee protection plan and a bald eagle protection plan. The applicant believes that they have fully complied with the county's comprehensive plan and they believe that the proposed uses are the best alternative from an economic and an environmental standpoint. -Chris Oslegar, Vice President of Eco- group, presented an overview of other projects that they have constructed in order to show the high quality they use and the lengths they go to in order to protect the environment. A few of the projects reviewed were Pelican Isle Yacht Club, Barefoot Beach Club, Sanibel Golf Village, and the Tides Beach Club. -Joe Tucker, Mac -tech Engineering, stated that they assisted this project in the due diligence process by identifying certain environmental conditions associated with past/present land uses. Joe Tucker explained that the marina uses on this property have the potential for pollution and stormwater run -off. A number of the Page 7 1 August 6, 2003 marina activities have led to the contamination of the property. The three categories of contamination on this site are soil contamination, ground water contamination, and sediment contamination. Eco -group proposes to remediate the contamination at the site. Joe Tucker explained how the amount of remediation required will be more significant on a residential site than it would on a commercial site on this property. In summary, she believed that the proposed residential land use had environmental advantages by removing sources of concern, the remediation of contaminants, and the fact that the remediation will be to the most stringent standards. -Mr. Hughes asked about the federal standards for remediation. Joe Tucker informed him that the state standards are more stringent than the federal standards. -Joe Tucker provided the committee with two tables of sampling done at Wiggins Pass; soil/sediment analytical results summary and Ground water analytical results summary. -Andy Woodruff, Vaseril & Associates Senior Ecologist, stated that they were an environmental consultant for the project site. The site has - 10acres of uplands identified on the project identified as a commercial marina. There is also -4/10 acre of open water, which has been used for the launch and docking of vessels. There are no native habitat types present within the developed uplands and there are no mangrove or sea -grass habitat present within the open waters. The proposed projects impacts are: a. The redevelopment of the existing uplands. b. Dredging of --2 /10 acre of open water. c. Excavate -3.65 acres of existing uplands for the creation of the new boat basin, but adjacent to this 8/10 acre of inter -tidal habitat will be created. This inter -tidal habitat will be used to improve water quality /exchange in the basin and it will be planted with mangrove vegetation, which will provide habitat for fish and wildlife. d. In regards to listed species: Page 8 t low August 6, 2003 - Manatees do occur in the area. The project will eliminate -450 dry storage spaces, which will significantly decrease the amount of boat traffic. The project will also eliminate ramps for trailer - vessels. There will be no increase on the number of wet slips. A Manatee Protection Plan was also created. -Bald Eagle nest CO -19 was identified on site. The project lies within and just outside of the secondary protection zone. This nest has been active all but once in the last twelve years and it has successfully fledged two young during the last two nesting seasons. The eagles have demonstrated acclamation to the Wiggins Pass Marina. The applicant is proposing construction activities within the secondary zone during the nesting season. A Bald Eagle management plan has been prepared. This plan is being reviewed by the Fish & Wildlife Service, the petitioner has been in consultation with them, and they have agreed to no construction of multi -story buildings in the secondary zone without the authorization of the Fish & Wildlife Service. Mr. Woodruff also reviewed the additional Eagle initiatives that had been voluntarily submitted by the applicant. Some of the long -term benefits to the bald eagle from the proposed zoning change are: reduction of the vessel traffic originating from the site, reduction in chemical and noise pollution, shielding and use of low wattage lights will be used, remediation of the existing pollution, creation of inter -tidal habitat that will include mangrove plantings, native vegetation will be used in the landscaping, and the assumed activity of feeding the Eagles will be stopped with the proposed project. -Mr. Gal asked if the petitioner agreed to allow the monitor to shut down the project if there is a disturbance to the eagle's nest. Mr. Woodruff stated that they would if it became a situation where it was clearly a disturbance factor. Mr. Gal asked who made this decision. Mr. Woodruff stated that he believed Fish & Page 9 gust 6, 2003 Wildlife would decide on the resolution after a disturbance was noticed. Mr. Gal asked who would employ the monitor. Mr. Woodruff stated that it would be the petitioner. -Duke Woodson, Environmental Attorney with the law firm of Foley & Lardner, explained the federal approval process to build within the vicinity of an eagle. The petitioner must perform a biological evaluation and then submit the evaluation, a management plan, and a monitoring plan to the Fish & Wildlife Services. Fish & Wildlife Services takes this information and reviews it, they then send a recommendation to the Corps of Engineers. The Corps of Engineers can then either accept or reject this recommendation and issue the permit with conditions. Mr. Woodson reminded the committee that all eagles are different and they must be reviewed on a case to case basis and that all of the documents referred to in the permitting process are guidelines not statutes. Mr. Woodson reviewed some of these guidelines with the committee. Mr. Woodson noted that they know from past monitoring that these two eagles are "urban eagles ", accustomed to the urban disturbances and way of life. Mr. Woodson explained that the applicant employs the monitor, but the guidelines determine who the monitor may be. The guidelines also outline what variances disturbances to the eagles are, how they are noticed, and what is to be done when a disturbance occurs. The monitor is trained in these guidelines and what to notice. If the monitor notices any disturbances then he reports it to the owner of the property and to Fish & Wildlife. Mr. Woodson stated that in his experience, Fish & Wildlife is very quick to shut down a project if a disturbance occurs. The penalties for not obeying the orders of Fish & Wildlife are criminal penalties. Mr. Woodson added that the applicant will be obeying the orders of Fish & Wildlife. -Mr. Carlson asked how successful the eagle management plans have been throughout the state. Mr. Woodson stated that they have been successful; the population of eagles has increased. Mr. Woodson added that he cannot guarantee the eagles will stay, they may find a new habitat, the tree they nest in, (which is a dead tree), may blow down in a storm, etc.. Mr. Carlson asked what eagle's Page 10 1 8,? August 6, 2003 reactions have been to tall buildings as opposed to other developments. Mr. Woodson informed him that different eagles act different ways and there are tall buildings in this neighborhood. Mr. Woodson reviewed a provision in the 1987 guidelines under recommended restrictions, which recommended the restriction of tall buildings near eagles, but used words such as "in most cases ", "likely ", etc.. Mr. Woodson did not believe that the construction would disrupt the eagles since they will not build between the nest and the feeding area. -Chris Osleger added that one of the benefits of this process is that they have formed relationships with the various consultants; Nancy Payton, Ed Carlson, Lynda White of Audubon, etc... These new relationships provide them someone to turn to for advice on the specific situations in regards to the eagles. Many of the recommendations from the discussions with these groups and individuals were used to come up with the proposed benefits. Mr. Osleger added that they want the eagle to stay in the nest and they will quickly respond to anything the monitor reports as a potential disturbance. At 10:45am a break was taken until 10:53am. -Kim Hadley, Environmental Services Department, read into the record an additional stipulation she added to the staff report (the committee received a copy earlier in the morning). The stipulation read: "The marina management plan shall be amended to include a sediment quality program to address the issues associated with operating a recreational marina and fuel facility. Included in this plan shall be a requirement to establish the existing conditions of the sediments with the level 2 environmental assessment as a baseline for future monitoring and compliance." She added that the additional measures the applicant stated they would take regarding the Bald Eagle should be to the management plan, (the county has a copy of this as well). The committee also received, earlier in the morning, copper readings for the Cocahatchee River Basin put together by Pollution Control. Page 11 r 971 16114 gust 6, 2003 -Dusty Perkins, US Fish & Wildlife, offered to answer the questions of the committee. -Mr. Gal asked how the Fish & Wildlife decided to shut down a project and whether or not the petitioner had the opportunity to dispute it. Mr. Perkins state that this opinion is usually part of a biological opinion or a habitat conservation plan. The monitor is employed by the applicant and this is the person who will look for the disturbances and then follow the orders outlined in the biological opinion. -Mr. Carlson asked about the track record for the bald eagle management plans. Mr. Perkins stated that projects consistent with the guidelines do well. - Alexandra Ellis asked if they were allowing construction during the nesting season in the secondary zone. Mr. Perkins informed her that this project would need an Army Corps of Engineer permit. Currently the Army Corps of Engineer has issued a "may affect" order and requested Fish & Wildlife to conduct consultations with the petitioner. The product of these consultations is the biological opinion. -Mr. Hughes asked if they had comments on the chemicals at this site. Mr. Perkins stated that they provided some comments, but they have not completed the review process yet, and have requested further information. -Mr. Sansbury asked the petitioner if they had any objections to Kim Hadley's, (staff's), stipulation as previously noted. The petitioner stated that they will agree to all the stipulations. Public Speakers 1) Eugene Fostor, property owner at Pelican Island Yacht Club, stated that he and his wife are in favor of the proposed condominium because: it will create less pollution, less road and boat traffic, less pollution of surrounding waters, and less noise pollution. 2) Lynda White, Coordinator of Eagle Watch, explained that CO -19 was monitored by Eagle Watch since 1997. Audubon would prefer that there Page 12 l7 August 6, 2003 be no construction during the management zone of the nest during nesting season, but they realize that this is not a practical timetable for construction. Therefore, if US Fish & Wildlife Services grants permission for construction to occur, then the bald eagle management plan may be amended. Noise abatement is a priority for nesting eagles, monitoring of the birds by a reputable biological firm is necessary, and the eagle watch volunteers should augment the monitor since they have viewed this pair of eagles for the last eight years. Lynda White has volunteered to lead an education program on the nesting habits of bald eagles for the construction workers. Lynda White believes that a responsible management plan can result in successful nesting season even with ongoing construction. She believed it was unacceptable that this project does not require an incidental take permit. She urged the county to establish an eagle management plan. Lynda White added that Chris Oslegar has expressed a willingness to amend his management plan to include her suggestions, she believes that he is sincere in his desire to do what is best for the birds, and she believes that the amended management plan will minimize the current impacts to the eagles in this area. 3) Mimi Wolok represented the Estuary Conservation Association, (ECA). ECA monitors the health of Wiggins Pass. ECA supports the proposed, residential development as long as the applicant complies with environmental laws and guidelines, follows the recommendations of ECA: no construction activities during the bald eagle nesting season in the primary or secondary zones, the height of the condo unit should be limited to the height of the bald eagle nest, water quality testing should be done immediately and incorporated into the community water testing program that is currently being conducted, and the testing program should carry out for the next five years. Mimi Wolok placed a letter from the President of ECA, Andy Hill, and a letter from Robert Mountain Jr. regarding evidence that bald eagles occur in the construction zone into the record. Page 13 0 7,61, 2003 4) Doug Fee, President of the North Bay Civic Association, submitted emails into the record of individuals who were in support of sending a recommendation of denial to the BCC. Mr. Fee stated two quotes for the record: - "We do not feel that there are any environmental issues ". -Came from Chris Oslegar in a meeting the North Bay Civic Association attended. - "The applicant will not have to go before the EAC." —Came from Bob Mulhere at a public meeting. -Mr. Fee stated that he was representing hundreds of individuals who could not attend this meeting and they recommended denial of this rezone. He explained that they provided a binder to the committee that included the North Bay Civic Association's position, public comment letters, and two petitions to deny the rezone and protect the eagles. Mr. Fee explained that they feel the current marina is a benefit to the bald eagles and manatee. They are opposed to construction in the secondary zone during the nesting season. 5) Lew Schmidt, Pine Avenue Resident, stated that he was president of a marine transportation company in the port of Chicago. He suggested that the proposed marina was not given appropriate consideration. He was opposed to 50ft docks since they encouraged large boats, which were not able to go through the area without causing problems. He requested that the EAC suggest to the developer that he reconsider the marina configuration. 6) Ralf Brookes, was opposed to the re -zone since it did not consider the human element; the fact that it was removing public accessibility to docking. He believed that a marina should be located at this site. Mr. Brookes was against construction during the nesting season and felt that they were experiencing an "erosion of the bald eagle protection ". Mr. Brookes felt that there was no reason to change the zoning and that to do so was inconsistent with the comprehensive plan, since it was not preserving water related uses. He felt the idea was to "protect the potential for this site to be used as a marina ". (Handouts and Page 14 AMj� YF CiJ ? gust 6, 2003 presentational materials used by Mr. Brookes were not provided to the court reporter.) 7) Dick Macken represented the 216 owners of The Village of Emerald Bay. The residents were opposed to the rezone for a variety of reasons. They feel that the decline in the number of bald eagles in Florida is due to the "steady encroachment of development on the birds nesting sites ". The residents feel that the bald eagles are well adapted to their site, where they have "habituated" to the problems of noise and traffic coming from the marina and the road. They believe that the construction of the high -rise towers will "almost certainly" lead to the abandonment of the nest. 8) Barbara A. Bateman, resident of Naples Park, was opposed to the re- zone and believed that there was a need for a marina in the area. She believed it would be a benefit to the county if they acquired the property and maintain the marina uses. 9) Marie Sourbeer, resident of Naples Park, was opposed to the re- zoning because Collier County had a need for boating services and facilities. She noted that the lack of boating facilities leads people to store their boats in their garages, which is a code violation. She recommended that the county consider purchasing this land and maintain the marina uses. 10) John Hickey represented 356 residents of Beach Walk Resident's Association. The members are opposed to the rezone because of the negative impacts of construction on the nesting eagles, there is a need for marinas in Collier County, deeper draft dredging is a danger to manatees and mangroves, the US Army Corps of Engineer study has not been completed yet, eco- ventures does not currently own the land and will probably not purchase it if the rezone is denied, and the use of this property is more efficiently used as a marina. 11) Tom Gardella, Bonita Shores resident, stated that his family was opposed to the building of a high -rise since it also affected humans as a species. He was very concerned about the view pollution. Page 15 B st 6 2003 ,OJAI Augu , 12) Susan Stiefel, Vanderbilt Beach Estates area resident, stated that she belonged to the ECA. She stated that the ECA was opposed to the re -zone if any construction occurs during the nesting season. She felt that the Army Corps of Engineers report needed to be completed in order to understand the possible impacts to the eagles. She "echoed" the opinions of those who spoke regarding the human rights in the neighborhood. 13) Bob Stone did not believe that the high rise would be more "friendly" to the eagles than the marina, since the eagles have become accustomed to this environment. He also did not believe that the applicant would stop construction if a disturbance was noticed and he felt that the development would further destroy the coastal environment. Mr. Stone was opposed to the re -zone. 14) Donna Reed Caron stated that the applicant had requested to tear down a pine tree that the eagles nested in. She explained that this is one of the reasons she did not believe the applicant was concerned with the eagles safety. She called the state DEP and spoke with Judy Wysoki and found out that the DEP does not make any distinction between residential or commercial properties in regards to clean -up and the upland dredging will stir up old sediment which could find its way into the estuary. She was opposed to the rezone. 15) B.J. Savard- Boyer, President of the Vanderbilt Beach Property Owners Association, stated that they are opposed to the rezone. She noted that there might be a potential buyer, maybe even the government, of the property if it remained commercial. She believed that this project is not "human being friendly ". 16) Bonnie L. Karkut, the North Bay Civic Association, stated that this project will not be better for the environment as the petitioner has stated. She was concerned about the decrease in public access. She was opposed to the rezone. 17) John Bache, resident of Tiburon, was in favor of the residential rezone. He believed that a residential zoning of this property would Page 16 August 6, 2003 benefit the environment. He noted that condos would also increase the tax -base. He added that he was a member of ECA and he agreed that the water quality needed to be cleaned up, but this would cost a lot of money. 18) Anita K. Brown stated that she was against the rezone and the high - rise towers, since it caused view pollution. She also believed that this project would destroy the environment. She asked the committee to consider the human rights and the rights of the future children to enjoy the environment. She believed that the committee was not hearing from neutral experts and requested the EAC to urge the county to find neutral experts to evaluate these plans. She requested that the county buy this land and keep it open to the public. 19) Robert Nolan, Pelican Island Yacht Club resident, was in favor of the rezone to residential use. He noted that the issue was not about saving a marina, it was about the environment. He believed that the manatee would benefit greatly from the improvements that this project is proposing. He added that the owner had the right to sell this property to whoever he wants. 20) Tom Nelson explained that he is one of the eagle watchers, who has spent a lot of time watching this particular eagle nest. He was opposed to any construction during nesting season. He noted that the flight pattern of these eagles is that they come in from all directions. He felt that the county needed to establish an eagle management plan in the future. 21) John Findley, Certified Marina Manager and Level 4 Responder for the state of Florida, stated that a commercial marina has a higher potential for spills than a residential marina. He added that a commercial property could be built in this space and then people will still be concerned about the increased traffic, noise, etc... As for dredging, he explained that deeper waters are better for manatees. He was not for or against the proposed project, he only felt that people were not considering the possibility of other commercial uses that could be worse. Page 17 010" 7u g ust 6, 2003 -Rich Yovanovich replied that most of the issues heard from the public were emotional issues with a desire to keep the property as a marina. He did not believe this was possible unless the county purchased the property. He was also concerned that the motive behind those against the rezone was not to protect the environment, but to keep the property at a lower price range so that the county has a chance to purchase the property. -Chris Oslegar added that the proposed project will have less of a detrimental effect on the water quality than the marina, eliminate a fleet of rental boats, reduce the number of boat storage on the site by 90%, and vehicle traffic will be significantly reduced by the residential zoning. He added that they agree the eagle protection is extremely important and they are confident that they can do a better job of protecting the eagles than anyone else. They have worked with professional groups to see "through the eyes of the eagles" and they have formed relationships with environmental groups to further ensure the safety of the eagles. Other benefits to consider are the planting of additional .82 acres of mangroves and the creation of a large view corridor over the estuary. -Mr. Hughes asked if the current owner, Wiggins Pass Marina, was responsible for the contamination on the site. Ed Oslegar, president of eco- group, stated that the current owner is legally responsible for the clean up of the site, but they are within acceptable commercial standards. Mr. Hughes believed that the site might not be valuable when considering the cost of clean up. Mr. Oslegar stated that they estimate the cost of clean up at $300,000 and they estimate the value of the proposed use to be in the - 20millions. Mr. Oslegar and Joe Tucker further explained the clean up process with the committee. -Mr. Sorrell asked about the roosting tree referred to by some of the public speakers. Mr. Woodson stated that there is a tree that the eagles roost in and they roost in this tree due to the fact that they are feeding at the marina. Tom Nelson, eagle watch volunteer, stated that the Norfolk Pine is used as a roosting tree and he had not observed marina people feeding the eagles. Page 18 16(1 On 9 ? tgust 6, 2003 -Mr. Sansbury stated that he has seen the decline in public boating services and facilities, but this is a government problem and they are not at this meeting to discuss this problem. He noted that the EAC needs to address the environmental effect of a residential zoning on this property and the only concerns he heard in this regard is about the eagle. He explained that the US Fish & Wildlife and Ms. White's organization are the ones who will make the decision on that matter. -Mr. Gal and Mr. Hughes were concerned about the height of the building and the affect that it might have on the Eagles. - Alexandra Ellis made a motion to deny because there is still a large concern about construction during nesting season and controls during non - nesting season, the plan was contrary to county requirements since it eliminated public access and dry boat storage, and there is a loss of diversity. There was no second to the motion. The motion failed. -Mr. Gal made a motion to amend stipulation 3A: to delete the second sentence in paragraph A in the staff report. -Ellen Chadwell, Assistant County Attorney, stated that staff informed her that the GNP requires that there be compliance on this issue with the US Fish & Wildlife Service. Mr. Gal asked if this meant that the county had to defer to the height established by US Fish & Wildlife Services. Ellen Chadwell replied yes. - Barbara Burgeson stated that it would be in accordance with the guidelines for the protection of the eagle's nest to restrict the height to the height of the nest, but if the second sentence of this item was stricken from the text, then it would be asking Fish & Wildlife to go further than their guidelines. Mr. Sansbury clarified that this meant they could make this recommendation in the motion, but if Fish & Wildlife approved 250 ft, then the EAC would have to accept it. Barbara Burgeson stated that this was correct. Page 19 B �August 6, 2003 -Mr. Gal stated that the county could decide to have a stricter height than Fish & Wildlife. Barbara Burgeson stated that in some cases they can decide to do so. -The motion was recalled. There was no second to the motion. The motion failed. -Mr. Hughes made a motion to approve with the caveat that should the US Fish & Wildlife Service change or revise the eagle management plan, then that change would come back for review by the EAC. It was seconded by Mr. Sorrell. The vote was 3 for - 2 against; thus without a 5 vote majority no official position was taken. (Mr. Gal and Alexandra Ellis were against the motion.) -At 1:20pm the committee took a break for lunch until 1:57pm. D) Planned Unit Development Amendment No. PUDZ- 2003 -AR -3860 " Artesa Pointe' Section 3, Township 51 South, Range 26 East -The court reporter swore in all those who were testifying. -There were no disclosures to report. -Wayne Arnold, Grady Minor Engineering, represented the petitioner. This project used to be called Henderson Creek, but due to a conflict the name was changed to Artesia Pointe. The project is -82 acres and currently zoned PUD. The petitioner is requesting an amendment zoning to add a commercial component to the project, which is 325,000 sq. ft. The GMP requires that they provide a loop road, affordable housing, and that they provide their commercial development along the 951 frontage. The petitioner is partnering with an affordable housing provider that intends to build 300 units. The petitioner has also been working with the Rookery Bay Exotics preserve staff in conjunction on the environmental resource permitting. Page 20 87,11 1 Au ust 6 August 2003 -Re -Anne Boylan, Boylan Environmental Consultants for the petitioner, located the site on a map. The site is -82 acres, -33 are pine Flatwoods, and -r27 are old agricultural lands. There is about 21.91 acres of wetlands; 17.57 acres are mixed pine and Cypress Cabbage Palm, while the rest are Hydra -Pine Flatwouds. This site has been severed from receiving any major historic portion of its drainage. The project will impact 16.79 acres of wetlands. They will preserve -5 acres of wetlands along with the 7.25 acres of uplands adjacent to the creek. The mitigation options have not been resolved, but they are meeting to discuss these options. A listed species survey was done; abandoned burrows were found in the farm -field area. The petitioner meets the county indigenous requirement. The wetland impacts and any mitigation will be reviewed and approved by the water management district. - Alexandra Ellis asked about the public's awareness of this amendment. Mr. Arnold stated that they met with Eagle Creek Country Club residents and the mobile home park residents - Holiday Manor. - Alexandra Ellis stated that she was concerned about the traffic issues and the future plans for this area. Mr. Arnold discussed the future changes with her; with the intersection improvements and the proposed signal, they do not have much neighborhood or county concern over the traffic issues. -Mr. Arnold stated that they agreed with and concurred with the staff conditions. -There were no public speakers. -Mr. Carlson noted that the wetland impacts were higher than he would like to see, but based on the location and a lack of the opportunity to re- establish any flows, he does not see how anything could be done. -Mr. Hughes made a motion to approve with the staff stipulations and the recommendation that the BCC review the traffic impacts of the project. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 7 -0. Page 21 st 6, 2003 E) Planned Unit Development No. PUDZ- 2002 -AR -3495 "Wentworth Estates PUD" Section 29, 30, 31, & 32, Township 50 South, Range 26 East & Section 5, Township 51 South, Range 26 East -The court reporter swore in all those who were testifying. - Disclosures: -Mr. Carlson stated that he had a meeting with and a presentation from the petitioner. -Mr. Humiston stated that he had a discussion with a member of Rookery Bay. -Bruce Anderson represented the applicant. This project is currently zoned PUD and is known as the Lely Lakes PUD. The project includes 514 acres that are now owned by the state and are part of the Rookery Bay Reserve. The proposed amendment will eliminate the hotel resort village uses and seeks approval for a maximum of 1499 dwelling units; density of 1.45 units per acre when excluding the state owned lands. The team has met several times with the Rookery Bay staff and the applicant is committed to continue this working relationship with Rookery Bay, therefore the applicant will offer an educational program to the residents of the development about the mission and the special nature of the Rookery Bay Reserve. - Russell Dancer, Senior Consultant for the Phoenix Environmental Group, provided the committee with a packet of information to review. Mr. Dancer reviewed the history of the project with the committee. From the beginning V.K. Development has instructed their team to work with Rookery Bay and ensure that the project "is done right ". The group has tried to design their plan by coordinating and cooperating with the agencies. They identified the environmentally sensitive areas; wetlands. The high quality wetlands will be preserved and enhance. Three times a listed species survey was done and they have only found gopher tortoises, which are being protected by exceeding the minimum requirements for their protection. A cooperative homeowner's Page 22 97 11 August 6, 2003 association program was developed with Rookery Bay National Estuarine research reserve staff that allows for prescribed burnings, provides for funding for resource management, develops a homeowner's appreciation and support program for Rookery Bay, and avoids any undesirable impacts to Rookery Bay. The manager of Rookery Bay wrote a letter, which was included in the packet, stating that they did not believe the project would negatively impact Rookery Bay. Minor problems were identified during the survey for hazardous waste and these items are being taken care of. The project is designed to address only -1/2 the units per acre that are allowed by the county, the policy requirements for the conservation and coastal management element are met, the preserve areas are interconnected, 84% of the wetlands on this property will be preserved, proper coordination was met with all the appropriate agencies, and the plan fits the Lely stormwater improvement plan. Homeowner's association documents will be developed that will allow for the appropriation of $374,000 going directly to resource management and environmental education for Rookery Bay. This program, the V.K. Development and Environmental Grant, states that $250 will be given to this fund each time a property sells. - Church Roberts, Johnson Engineering, reviewed the specific details of the site listed on page two of the packet. The majority of the parcel is comprised of agricultural fields; 70% of the uplands referenced. There are -264 acres of wetlands identified by the state and 45 acres of other surface waters. The two main factors of the wetland systems are the large slew that transects the center of the property and wetland system to the north. -36 acres of wetlands are being impacted, thus avoiding 84% of the wetlands. The main focus has been to preserve the large, central preserve and the north -west wetland. In total there is -298 acres of wetland and upland preservation. The Lely plan was also reviewed with the committee; -125 acres of both onsite and offsite wetlands will be improved due to the water management system. The site exceeds the carrying capacity density per acreage set aside for Gopher Tortoises. In regards to off -site listed species issues, there is a bald eagle nest -290 ft to the north. The only work being done in the secondary zone is minor lake excavation, which will be done Page 23 1 August 6, 2003 only during non - nesting season. A crocodile plan has been prepared in case crocodiles utilize the site after construction. -Mr. Hughes asked about fertilizer/herbicide issues and the regulations provided to protect the homeowners in the area. Chris Hagan, Johnson Engineering, stated that the water management program will be designed using wet detention lakes and they will be doing 150% of the normal water treatment. There will be perimeter berm -ing and collection facilities so that the run -off will be directed back into the water management system and not into the wetland preserves. Mr. Humiston asked if the plan included water quality testing at the point where it discharges into the Rookery Bay Preserve. Mr. Hagan stated that the current plan is to test where they discharge to the on -site wetlands, but they are working with Rookery Bay to see about testing down into Rookery Bay as well. Some of the V.K. Development Fund may be used to monitor this process. Public Speakers 1) Gary Davis, The Conservancy of SW Florida, was opposed to the PUD amendment, since they "did not preserve it (Rookery Bay) to see it be rimmed with development ". They believe that the area adjacent to Rookery Bay should not have been included in the urban development. He asked the EAC to "draw a line" on the allowed density for this site. The Conservancy has reviewed the records from the previous PUD and the BCC "drew lines" in order to protect Rookery Bay. A copy of the minutes of the October 13, 1998 BCC meeting were provided to the committee. Mr. Davis stated that the Conservancy could support the PUD amendment if the 749 units per acre or less, (agreed to in the October 13, 1998 meeting of the BCC), be adhered to. The Conservancy is also concerned about the water quality on this project. Mr. Davis reviewed the coastal management element of the GMP: objective 2. 1, objective 2.2, and objective 2.22. Mr. Davis also noted that the concerns of the water management district have not entirely been resolved yet. If the county approves this PUD amendment, then the Conservancy would also like to Page 24 l I g 7 04 August 6, 2003 see requirements on water quality addressed by the county and listed in the PUD. The more people added to the area around Rookery Bay, then the more impacts to Rookery Bay. The Conservancy suggests that the EAC "draw the line" on the density. -Mr. Carlson did not believe that the current developer had any obligation to commit to the obligation of a past developer in regards to density; referred to in the BCC meeting of October 13, 1998. Mr. Davis believed that the obligation should be kept since it was made in order to protect Rookery Bay. -Mr. Carlson noted that he presumed the staff at Rookery Bay was happy with the project. Mr. Davis stated that the Conservancy disagrees with Rookery Bay. -Mr. Carlson felt that this project has transitional quality and he believed that it was the best project he had ever seen for that size. Mr. Davis did not agree and stated that they saw this project as a project that will set the standard for the rest of the properties surrounding Rookery Bay. -Mr. Humiston asked if the Conservancy's concerns on water quality would be resolved if the applicant worked out monitoring procedures that were satisfactory to the staff at Rookery Bay. Mr. Davis stated that they would like to see the monitoring procedures as part of the PUD, a commitment to the county to be involved in this procedure, and limits placed on the discharges. -The petitioner stated that the points Mr. Davis raised were considered and built into the plan. He added that they have worked with Rookery Bay and agreed that they will have an active monitoring program and the results of this program will be provided to Rookery Bay Staff. The project will meet the standards for all three of the designations that this area has. -Bruce Anderson stated that the Conservancy was really objecting to the comprehensive plan. He did not feel that the minutes of the BCC meeting, October 13, 1998, were relevant. Mr. Anderson felt that the improved Page 25 kgust 6, 2003 environmental enhancements were changed circumstances. Mr. Anderson pointed out that the Conservancy supported the Lands End project, which had a higher density. -Tad Bartareau, Rookery Bay, stated that he agreed with the comments made by Russ Dancer and Bruce Anderson. In regards to the density issue, Rookery Bay felt that it was transitional as described in the current zoning. He pointed out that Mr. Hughes raised a good point in regards to oil, and with the new rules, the homeowner association document, the commitment by the developer, and the resource management grant will enable them to better control this type of things and should they happen, they will be in a better position to handle them. In regards to water quality: the details of the water quality monitoring program are being outlined in the Environmental Resource Permitting Process. -Mr. Hughes felt that this would provide a great opportunity to document and show baseline changes with this type of development. Mr. Bartareau stated that this project goes a long way to address a wide variety of water quality issues and he was confident in this project. -Mr. Davis stated that the Conservancy did not support the density on Land's End PUD, they supported the PUD due to the agreement for decreased building height. 2) Vincent Temporo stated that if the approving agencies agree that this project is in the best interest of all involved, then he does not have any concerns. He stated that they told their employees to work with the agencies, they are not trying to make money at the expense of the community, and they believe in the protection of the environment. He added that they met with all the neighbors of the projects and asked for their concerns and considered all of these concerns. He noted that he only heard one organization object to the density. - Alexandra Santoro made a motion for approval with the staff recommendations and noting the EAC concerns about water quality Page 26 1 B August 6, 2003 and the recommendation of an active monitoring program with the Rookery Bay Preserve. It was seconded by Mr. Hughes All were in favor of the motion; the motion passed unanimously, 7 -0. F) Excavation Permit No. EX- 2002 -AR -3112 "Golden Gate Quarry" Section 21, Township 49 South, Range 27 East -The court reporter swore in all those who were testifying. -There were no disclosures to report. -Stan Chrzanowski noted that this item was a commercial excavation and no conditional use accompanied. Because the volume of the excavation exceeds 500,000 cubic yards, it is required to come before the EAC for review. Since there is no conditional use, this item will go directly to the BCC after the EAC review and it will not go before the CCPC. The site was located on a map. -Mr. Carlson asked if road access for the existing mine would change. Mr. Chrzanowski stated that he was informed that it would not change. -Bruce Anderson, represented the applicant. He stated that this did not include a conditional permit use for mining since the Collier County GMP regulations allow earth mining as a permitted principal use in this area. The North Belle - Meade Overlay state that the mining operations/hauling of the excavated materials cannot generate truck traffic beyond the average historic levels of 156 roundtrips per day. The overlay also regulate that the counties then existing excavation and explosive regulations shall apply to the mining operation. The matter being heard is the application of the county's excavation regulations to this permitted use. The Rural Fringe Amendments and the North Belle -Meade overlay challenges were unsuccessful. The client offered the following conditions: blasting would be limited to 10am -2pm / no more than once a week and 5a` street south -west (the access point) would continue to be used / will be re -paved within 90days of the BCC approval of this application. -Mr. Sansbury asked if the ownership of the two mining sections was the same. Mr. Anderson stated that it was not; the land that is the current subject is owned Page 27 9? 4k 1 August 6, 2003 by East Naples Land Company and would be leased to APAC. Mr. Sansbury asked if there was a county requirement for a reclamation plan. Mr. Duane stated that FDEP, who issued the permit in the packet, requires a reclamation plan and this plan is included in the packet. Public Speakers 1) Charles R. Goodacre, a resident on 5`h Street, was concerned about this project because in the past the blasting from this area caused cracking in the area housing foundations, the walls to shake, and damage to items within the house due to the tremors. He and some of his neighbors were concerned that the blasting was overcharged. He also stated that the community was very concerned about the speed of the trucks entering and leaving the excavation area. This problem leads them to be concerned for their safety and the safety of the children in the area. He requested that the sheriff come out and sit on 5`s street as a deterrent for the speeding trucks or that APAC refuse to continue to employ the drivers that speed through this area. He also stated that when the problems arose in the past, the community received little assistance or concern from APAC. -Bruce Anderson that there were —250 notices sent out and they exceeding the number of notices required. He added that the client has no control over the speed limit and it is really a law enforcement issue. - Jeffrey Straw, Vice President of Geo- Sonics, stated that they measure ground vibration and acoustics in this area. The blasting levels are established by the state and there is a state blasting permit that is required. He explained the setting for the charges of the explosive devices. Mr. Straw stated that the blasting in this area are monitored and are under 1/3 of what is permitted by state statute. Claims of damage are handled through a specific claims program outlined in Chapter 55230. -Mr. Hughes stated that it was difficult to file a claim in the past without the assistance of an attorney. Mr. Straw stated that prior to 2000 this was true, he added that now the matter is heard before a hearing examiner and the rules of procedure are still being written. Mr. Hughes asked how many overshots were Page 28 "" August 6, 2003 normal. Mr. Straw stated that if he sees five a year, he would be very surprised. Mr. Straw stated that for a commercial mining operation he does not know of any overshot within the last five years. -Mr. Chrzanowski noted that the county inspectors do not go out and do seismograph testing anymore, but they have the equipment to do so if anyone requests that they occasionally check the blasts. -Mr. Sansbury asked if APAC would put together some signage and an educational program to constructively warn the drivers of the speed limit as they leave the site and some encouragement to follow the speed limit. Mr. Duane stated that he did not believe there would be any objections to this. Mr. Carlson felt that this was a law enforcement problem. -Mr. Sorrell used to live close to this mine, he reiterated the problems of overshots with the blasting, but he noted that they were under control the last seven years. Mr. Sorrell asked Mr. Goodacre if he noticed the same or if he was discussing present conditions. Mr. Goodacre stated that the problems are better than they used to be, but there are still some problems and he was concerned that they will get worse with the opening of the new project. -Mr. Sansbury suggested that APAC put together an educational packet for their drivers and that the public send their petition to the Sheriff's department requesting more speed enforcement on this street. Mr. Carlson added that Mr. Goodacre's "best bet" was to rally the citizens and take their concerns before the BCC- -Mr. Hughes noted that Mr. Chrzanowski had offered to occasionally send out county staff to test the blast charge. Mr. Chrzanowski stated that the best scenario would be for the citizens to call when they are having a problem and the county staff can go out and test the blast when the petitioner is unaware. -Mr. Hughes made a motion for approval with the stipulations discussed; that the county services be available to monitor the blasting, the petitioner put together an educational program to encourage the drivers to slow down, and that the sheriff's department improve their enforcement in this area. Page 29 Vl ust 6, 2003 It was seconded by Alexandra Ellis. All were in favor of the motion; the motion passed unanimously, 7 -0. VI. Old Business -Bob Krasowski, Zero Waste Collier County Group, provided the committee with a summary videotape of their workshop. (A copy of this tape was not provided to the court reporter.) He suggested that the EAC pay particular attention to the presentation given by Dr. Jeff Morris, Mr. Allen Muller, and the discussion with Dr. Paul Conick. Mr. Krasowski also provided the committee with a copy of the program from the workshop and a press release on a related topic. (Copies of these two items were not provided to the court reporter.) VII. Council Member Comments -There were no council member comments. VIII. Public Comments -There were no Public Comments. IX. Adjournment -There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:55PM. Collier County Environmental Advisory Committee Chairman Tom Sansbury Page 30 971, Fiala ' October 1, 2003 Halas Henning IRONMENTAL ADVISORY COMMITTEE Coyle R�CFIVO) Coletta Board Meeting Room, P Floor, Administration Building OCT 2 4 2003 3301 Tamiami. Tram Naples, Florida 341.12 Commissioners board of �,ountY 9:00 A.M. October 1, 2003 LET IT BE REMEMBERED, that the environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 o'clock a.m.,. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Thomas W. Sansbury William Hughes Alfred F. Gal Alexandra Ellis Edward Carlson Erica Lynn Kenneth Humiston Collier County Staff: Patrick White, Assistant County Attorney; Barbara Burgeson, Senior Environmental Specialist; Stephen Lenberger, Environmental Specialist; Fred Reischl, Principal Planner; Russell Webb, Principal Planner; Laura Roys, Environmental Specialist Itc,1 ,# 1UCff ) 06-1 a �ics To: Page 1 r� 6(1 %Q?41,2003 "4 I. Roll Call -The meeting was called to order at 9:00 o'clock a.m. A quorum was established. Members: Alexandra Ellis, Erica Lynn, Thomas W. Sansbury, William Hughes, Alfred F. Gal. Edward Carlson, Kenneth Humiston Alexandra Ellis was elected unanimously as Vice - Chairman of the Environmental Advisory Committee Collier County Staff: Patrick White, Barbara Burgeson, Stephen Lenberger, Fred Reischl, Russell Webb II. Approval of Agenda - Approval of the Minutes of the last meeting was deferred until the November meeting.. -LDC amendments will be heard in part today; the remainder will be heard at the regular meeting in the beginning of November. -III. Land Use Petitions A. Planned Unit Development No. PUDZ- 2003 -AR -3665 "Bella Lago", Section 3, Township 49 South, Range 25 East - Chairman Sansbury swore in all those who would be testifying. -There were no disclosures. - Vincent Cotero, Vice President of Planning for Coastal Engineering representing Gates McVey - Knopke, LLC, stated that the name Bella Laga will be changed in accordance with the addressing ordinance.. Mr. Cotero proposed 16 t B70ctober 1, 2003 approving a density just below three units per acre and outlined the primary uses of the planned unit development. Wade Waltemeyer, Earth Balance Consulting, stated that there were two main issues on site, first, the wetlands area in the northeast corner of the site; second, the presence of gopher tortoises. Mr. Waltemeyer stated that the applicant has met the required 25% preservation area Mr. Hughes questioned whether there would be a central clubhouse, and whether there were any provisions to make the central clubhouse an emergency shelter.. -Mr. Cotero responded that there would be a clubhouse and that he was unsure whether the developer would design the clubhouse to accommodate any more than the residents that are in that particular subdivision and their guests . -Mr. Waltemeyer stated that the incidence of death of the tortoises is very rare, that there is no certainty as to why some tortoises have respiratory disease while others do not and that there is a possibility the disease is related to stress. Chairman Sansbury asked whether in relocation there is a planting requirement. Mr. Waltemeyer responded this site has enough native vegetation once exotics are removed to provide normal habitat that the tortoises are accustomed to. Mr. Humiston asked whether there have been follow up studies done on the success of relocation. Mr. Waltemeyer responded he was not aware of any. Ms. Lynn asked what the minimum acreage was to maintain a gopher population. Mr. Waltemeyer responded one third of an acre supports one tortoise, but the tortoises need to interact with other tortoise populations. Ms. Lynn asked if the area connects to other areas where there are gopher tortoises. Mr. Waltemeyer 3 16(I�t October 1, 2003 stated that he thinks there is some habitat that would support tortoises to the east. Ms. Lynn asked how long a gopher tortoise lives. Mr. Waltemeyer answered in excess of 50 years. Ms. Burgeson stated that the gopher tortoise habitat is one of the rarest in Collier County. and that this is a high quality habitat that accommodates many different species and should be preserved. Mr. Carlson stated that there appears to be habitat for gopher turtles adjacent to the preserve. Mr. Wade stated that it has been established that 25 acres is the sustainable population size and 50 individuals is the sustainable population number. A motion was made by Mr. Humiston to recommend approval to the BCC of the proposed LDC amendment in accordance with staff recommendations. Mr. Gal seconded the motion. The motion was carried 6 to 1 with Ms. Lynn opposing. Michael Fernandez, Planned Development, stated that his firm has submitted a proposal to amend the LDC relative to the gopher tortoise provision and that they need relief now. Ms. Burgeson stated that it is staff's position that this proposal is inconsistent with the Growth Management Plan and the proposal does not make an attempt to preserve any of the habitat on site. Mr. Humiston asked if they could do a relocation to a site that does not currently have a population. Mr. Sansury stated that this is an item that should be in the GMP process rather than the LDC process. Mr. Fernandez stated that the LDC has already provided for relocation permits that the Growth Management Plan does not address directly and that nothing is being done differently here and he does not believe the S B7 4 October 1, 2003 1 provision is inconsistent with the Growth Management Plan and therefore this is the appropriate venue in which to review the provision. Mr. Carlson made a motion to support staffs recommendation that this go through the GMP and be revisited in a more comprehensive manner. Ms. Ellis seconded the motion. The motion was carried unanimously. IV. New Business LDC Amendments - Cycle 3 Mr. Webb stated that he is discussing LDC proposed amendment 2.2.2.2.1. Mr. Webb stated that the definition of educational plant and ancillary plant are in the second cycle and that educational plants refer to all buildings that are going to be on the main complex; ancillary plants are secondary. Mr. Gal asked what is the definition of an educational plant. Mr. Webb responded it is all the buildings and facilities in the main complex that are located near the educational facility and the ancillary plants are the structures that are off the main campus. -Mr. Carlson stated that at this point all the items concerning educational plants should be accepted. Amendment Cycle 3, 2003, 2.2.5.3 -Mr. Webb stated that it is uncertain whether this amendment will be a variance or conditional use. Ms. Ellis stated that it was her understanding that the height of the building was going to be according to its natural grade rather than according to FEMA which would reduce the height of the building. Mr. Webb responded in the affirmative.and stated that underground parking would be a conditional use. -- 5 21103 Ar. -Mr. Carlson made a motion to approve all LDCs referring to educational plants, ancillary plants and the measuring of building height from grade. Ms. Ellis seconded the motion. The motion was carried 7 to 0. Amendment Cycle 3, 2003, 2.2.38 Mr. Webb stated that this amendment is for a new overlay district to address the moratorium issue. Ms. Ellis asked if the essence was to set up the overlay for well studies in different areas. Ms. Burgeson stated that the moratorium was in effect for a period of two years and extended beyond that. Ms. Burgeson stated that the result of the moratorium, the study, was to create new Land Development Code language to answer the issues and questions that the community had. Mr. Webb suggested that it might be a good idea to have Don Schneider back in November. Amendment Cycle 3, 20032.3, Off - Street Parking and Loading Ms. Ellis asked regarding parking short term in the streets. Mr. Webb responded that he knew of no regulations in the LDC but there may be other ordinances addressing that particular situation. Chairman Sansbury asked regarding a definition of "24 hours ". Mr. Webb stated that he did not know. Chairman Sansbury stated that there should be a clarification between the terms "permanent" and "temporary ". Amendment Cycle 3, 2003, 2.3.5, Passenger Vehicle Parking Mr. Webb stated that this section dealt with renumbering due to a scrivener's error. Ci M 1 October 1, 2003 Amendment Cycle 3, 2003, 2.3.21.4, Off - Street Loading Mr. Webb stated that this section deals with restructuring the existing language for clarification. Amendment Cycle 3, 2003.2.4.7.2, Landscaping and Buffering Mr. Webb stated that section is adding language to reflect that the PSP process will hereinafter be optional. Ms. Ellis asked whether when this comes before us it will be the final project rather than the preliminary. Mr. Webb responded that if the applicant chooses to go straight to the final subdivision plat process it would be reviewed at the final stage. Amendment Cycle 3, 2003, 2.4.7.5, Landscaping and Buffering Mr. Webb stated that this proposed amended would incorporate the Construction Standards Handbook for Work Within the Public Rights -of -Way Collier County, Florida" into the LDC. Amendment Cycle 3, 2003, 2.5.5.2.3, Real Estate Signs Mr. Webb stated that this amendment deals with realignment and adjustment of text Amendment Cycle 3, 2003, 2.5.5.2.5.1.1, Pole or Ground Signs Mr. Webb stated that this amendment would allow for a variance for road frontage of businesses of up to 100 to 149.9 feet. Amendment Cycle 3, 2003, 2.6.33, Coming Soon Signs Mr. Webb asked if there were any comments. There were none 7 161 October 1, 2003 1 Amendment Cycle 3, 2003, 2.228.1 Mr. Webb stated that this amendment has to do with kitchens and asked if there were any comments. There were none. Amendment Cycle 3, 2003, 2.7.3.5 Mr. Webb stated that this amendment has to do with PUD review and asked if there were any comments. There were none. Amendment Cycle 3, 2003, 2.7.4.9, Conditional Uses for Schools (PSP) Mr. Webb asked if there were any comments. There were none. Amendment Cycle 3, 2003, 3.2.3, Subdivision Applicability Mr. Webb asked whether anyone had any comments. There were none. Amendment Cycle 3, 2003 3.2.6.2, PSP Procedures Mr. Webb asked if there were any comments. There were none. Amendment Cycle 3, 2003, 3.2.6.3.5, Relationship and Amendments to PSP's Mr. Webb asked if there were any comments. There were none,. Amendment Cycle 3, 2003, 3.2.8.2.3, Water Management Plans Mr. Webb asked whether there were any comments. There were none. Amendment Cycle 3, 2003, 3.2.8.3.19, Street Names, Markers and Traffic Control (PSP) Mr. Webb stated that this amendment refers to the PSP process being optional. Amendment Cycle 3, 2003 3.2.9.1.2, Improvements in FSP (PSP) Amendment Cycle 3, 2003, Page 145 -Mr. Webb this was taken from the interlocal agreement word for word. D ft. B I 1 � � October 1, 2003 Amendment Cycle 3, 2003, Page 149, Item No. 3 -Mr. Humiston asked regarding what kind of a permit the U.S. Fish and Wildlife Service issues. -Ms. Burgeson responded it would be a technical assistance letter rather than a permit. -Mr. Gal asked who adopted the interlocal agreement. -Mr. Webb responded that it was the Board of County Commissioners. Amendment Cycle 3, 2003 3.5.5.1.3, Development Excavation (PSP) -There were no comments Amendment Cycle 3, 2003, 3.9.6.6 - Chairman Sansbury asked regarding exotic plant removal, are the County and private owners subject to the same standards. -Mr. Webb responded yes, they are. Amendment Cycle 3, 2003, 2.12.5.1 -There were no comments. Amendment Cycle 3, 2003, Page 164, PSP -There were no comments. Amendment Cycle 3, 2003, Page 165 -Ms. Burgeson stated the coastal construction control line is the state line and that the County's actual language would be what we have adopted, the original CCCL into the LDC was through the coastal construction setback line. Ms. Burgeson indicated that a change would be made so that we reference the setback line there instead of the control line. V1 '1 67 October 1, 2003 -Mr. Humiston asked on Page 166 where it says "variances may be authorized" under 3.13.5.1, it shall be prohibited to use any construction material that can become dislodged during a storm event such as but not limited to the brick pavers, stepping stones and so forth. Mr. Hunuston stated that this was in conflict with what the State does because the State would rather see something like pavers that would be moved around during a storm rather than a slab because the State wants storms to be able to move things like that out of the way so that if there is a storm surge you are not channeling the water between buildings which could undermine permanent structures. -Ms. Burgeson stated that is applied more frequently to the building structures so that there are friable parts of the structure that could be relocated to allow the storm surge to wash through the first floor. Ms. Burgeson stated that the issue on the stepping stones and pavers is that it is preferred that those not be used at all, we are requesting prohibiting them because they get dislodged and embedded in the beach and become detrimental to sea turtle nesting. -Mr. ,. Humiston asked regarding sea walls. -Ms. Burgeston indicated that is the same issue. Mr. Humiston stated that his concern is that a property owner could be put in a position of getting approval from the State for something that would be denied by the County. Ms. Burgeson responded that there are a number of places in the LDC where the County takes a more restrictive regulatory position. Ms. Burgeson indicated that in this case there have been discussions with the State and their position is to not 10 16p"Of"qOctober 1, 2003 comment negatively on the paver bricks or stepping- stones so it becomes the County's authority to regulate those. Mr Gal asked if *h °se variances will come before the EAC. Ms. Burgeson responded that they will not, there is something by the LDC that is directed to go to BCC and staff attempted eight years ago to put these into the process so that the EAC would review CCSL variances because they are environmentally sensitive issues, but at that time the Board of County Commissioners did not want these going in front of the EAC. Ms. Burgeson stated that if that is something the EAC might consider, that could be added into this amendment cycle. Mr. Gal stated that he would prefer that. Mr. Gal asked regarding safety, what would need to be constructed. Ms. Burgeson responded that when construction such as a sea wall is required for safety, typically erosion is the problem. Mr. Gal asked regarding "no reasonable economic use of the property," is that for a homeowner who has already built over the coastal construction setback line, are they grandfathered in. Ms. Burgeson stated that there are exceptions in the amendment that state with a single family home, modifications can be done as long as they stay within the original foundation so they are grand fathered to that extent, to the extend that they have gotten an approved CCSL variance in the past and they have constructed by that variance. 11 4, �, rr a? 6,1 October 1, 2003 Mr. Gal asked whether this is a case of someone may have a piece of land and they want to build on the land but do not have enough room for setbacks so they are going to have to build over the coastal construction setback line and the County is going to have to grant a variance. Ms. Burgeson stated that there has never been a request using this exception; the language is in there from the Growth Management Plan and it is more likely a legal property rights issue and language that provides for at least limited use of the property. Mr. Gal stated that he was opposed to that exception. Ms. Burgeson responded that it is right out of the GMP and we would not be able to make an amendment here without visiting that process first. Ms. Burgeson stated that it could be researched and that before November an email would be sent to let everyone know where the language came from and if the EAC has any ability to make modifications, it can be done at the November meeting. Mr. Humiston stated that if the EAC wished to make a recommendation for changes in any of the things we are looking at today, the November meeting is when we can do so. Ms. Burgeson responded that the EAC can make the recommendations today, but since we are coming back in November with more of the environmental review package that resulted from the GMPs that were recently adopted or became effective in January, the EAC can do that today, can reopen and revisit that in November or postpone it until the November meeting and make your recommendation at that time. 12 IM 7'1 a 161 �1 October 1, 2003 Mr. Humiston stated that he would like to make a recommendation concerning the conflict between the County approach to the impervious surface of the pavers and the local approach and that it should be taken out of there, 3.13.5.1. Chairman Sansbury stated that since there is concern because of the potential conflict, we have requested staff to come back at the November meeting after researching the issues. Mr. Humiston stated that staff needed to show that has been resolved with the State so that it is not a conflict. Ms. Burgeson stated that it is not so much a conflict as it is that the State defers that final decision to Collier County. Mr. Humiston stated that the State would not issue a permit for a slab whereas the State would issue a permit for a paver. Ms. Burgeson stated that the CCSL variance as it is written would not permit a slab in front of the CCSL line, but only permit it behind the line. Ms. Burgeson stated that according to the amendment language the only thing that would be permitted in front of the line would be a boardwalk or other pervious pathways because that would be considered more than a minor accessory structure. Ms. Burgeson stated that the County would be the more restrictive entity. Ms. Burgeson agreed to speak with the DER Mr. Gal stated that he did not want the two exceptions reviewed but would rather they be removed to prevent a conflict between what the State might approve as opposed to what the County might approve. 13 iL BST October 1, 2003 Mr. White stated that the proposed regulation has a time clock on it, these are two -year temporary permits. Mr. Gal asked if that was to begin construction. Mr. White said that is not the way it is written. Mr. White indicated that it appears from the way it is written that the life cycle of a CCSL variance has a maximum of three years from the date of approval. Mr. Gal stated that needs to be corrected. Ms. Burgeson stated that is the intent for the construction. Mr. Gal stated that he wants a safety exception as well as economic utilization. Mr. Gal stated that regarding 3.13.5, he would like the language which says "where said prohibition would result in no reasonable economic utilization of the property in question, for safety reasons" removed. -Mr. Gal made a motion that the above -read language be removed from the amendment. Mr. Gal amended the motion to delete the language regarding safety. Chairman Sansbury stated that Mr. Gal has made a motion that would strike "no reasonable economic utilization of the property in question". Motion was carried 6 to 1, with request that one line be removed. Chairman Sansbury asked as to 3.13.5.1, do we want some additional information. Mr. Humiston stated that he would like it brought back again in November. Ms. Burgeson agreed to bring the matter back in November. Page 169, Setbacks -Mr. Webb asked if there were any comments. There were none. Page 171, Guest Houses or Cottages 14 pR7 , October 1, 2003 -Mr. Webb asked if there were any comments. There were none. Page 173, Airport Map -Mr. Webb asked if there were any comments. There were none. 2.2.5.3, FEMA Elevations -Mr. Webb asked if there were any comments. There were none. Page C and D, FEMA -Mr. Webb asked if there were any comments. There were none. Page E and F, FEMA -Mr. Webb asked if there were any comments. There were none. Page G and H, FEMA -Mr. Webb asked if there were any comments. There were none. Page I and J, FEMA -Mr. Webb asked if there were any comments. There were none. Page K, L and M, FEMA -Mr. Webb asked if there were any comments. There were none. Page N, FEMA -Mr. Webb asked if there were any question. There were none. Page Q, Building Elevations -Mr. Webb asked if there were any questions. There were none. Page T, Building Elevations -Mr. Webb asked if there any questions. There were none. -Mr. Lenberger agreed to produce data on herbicides and pesticides. 15 October 1, 2003 It was agreed among the EAC members that a representative from Emergency Preparedness give the committee a presentation regarding emergency preparedness and how it might relate to the LDC. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:05 o'clock p.m Collier County Environmental Advisory Committee Thomas W. Sansbury, Chairperson 16 16(1)1 AGENDA B71 RECEIVE% OCT 3 0 2003 Board of County commissioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 6, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that two (2) members of the Collier County Planning Commission (Dwight Richardson and Bob Murray) are also members of the Community Character /Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character /Smart Growth Advisory Committee from time to time. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES —SEPTEMBER 18, 2003 AND OCTOBER 2, 2003 / 5. PLANNING COMMISSION ABSENCES Fiala _ Halas 6. BCC REPORT- RECAPS- OCTOBER 14, 2003 Henning Coyle 7. CHAIRMAN'S REPORT Colett a 8. ADVERTISED PUBLIC HEARINGS A. PUDA -03 -AR -4008, C. Laurence Keesey, of Young, van Assenderp, Varnadoe & Anderson, P. A. representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting a rezone from "PUD" to "PUD" Planned Unit Development known as the Pelican Bay PUD for the purpose of amending the PUD document to reallocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 1 i ¢� 8,398 square feet of retail) from the North omm c to the South Commercial Area. This relocated use will increase the approved uses by 134,343 square feet of retail and 36,000 square feet of office space within units. This petition will also reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. The property to be considered for this rezone is located in the Northwest quadrant of the intersection U.S. 41 and Seagate Drive, at 5555 Tamiami Trail N., in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida and consisting of 2,104 acres. (Coordinator: Ray Bellows) COMPANION ITEM DOA - 2003- AR4777) B. DOA - 2003 -AR -4777, George L. Varnadoe and C. Laurence Keesey, Esq., of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Waterside Shops at Pelican Bay Trust, requesting an amendment to the Pelican Bay Development of Regional Impact (DRI) to relocate 170,343 feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum nuber residential dwellings by 800 units to a new quadrant of the intersection of Tamiami Trail (US -41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4,5,8 and 9, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Ray Bellows) C. PUDZ - 2002 -AR -3158, Robert J. Mulhere, AICP, of RWA Inc. and Richard D. Yovanovich, Esquire, of Goodlette Coleman & Johnson, representing Eco Venture Wiggins Pass Ltd. requesting to rezone a 10.45 acre parcel from C-4 to a Residential Planned Unit Development to be known as "Coconilla" PUD to allow for: a maximum of 112 residential units on +/- 9.65 acres of residential development area for a resulting density of 11.6 dwelling units per acre, specifically including a 102 unit tower at a building height not to exceed 21 stories over parking (maximum of 225 feet above the required Flood Elevation and in accordance with the provisions of Section 2.6.3.1 of the Collier County LDC), 10 town home units, and a marina basin with 52 boat slips and customary accessory uses, including a publicly accessible ship's store and marine fueling station of approximately 5000 square feet of commercial space; and, a +/- 0.80 acre Public Use tract providing for additional public vehicle and boat trailer parking to provide: support for Cocohatchee River Park, access to the marina ship's store, and egress to Vanderbilt Drive for park patrons to allow for safe egress via a protected northbound turning movement at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive for property located on Vanderbilt Drive, at the western terminus of Wiggins Pass Road in Section 17, Township 48 South, Range 25 East. (Coordinator: Fred Reischl) D. DOA - 2003 -AR -3911, William R. Vines of Vines & Associates, Inc., representing R.S. Hardy of Tollgate Commercial Center, requesting an amendment to Development Order 97 -2, for the purpose of extending the life of the Development Order from December 30, 2002 to December 29, 2007 so that development of the remaining undeveloped sites may continue to completion. The subject property is located in the Southeast quadrant of I -75 and Collier Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Robin Meyers)) 2003 GMP Amendment Petitions CPSP - 20034: ➢ Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities; referencing a map of existing school and school support 2 a. facilities in the FLUE support document; and, identifying zoning districts which allow and which do not allow school and school support facilities. ➢ Amending the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school support facilities. ➢ Amending the Intergovernmental Coordination Element (ICE) to refer to the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners. ➢ Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM series. ➢ Amending the Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross - reference the FLUE and ICE policies and FLUM Series. [Coordinator: David Weeks] • CPSP- 2003 -5, Petition requesting text amendments to the Goals, Objectives and Policies of the Future Land Use Element and the Recreation and Open Space Element in order to incorporate the Community Character /Smart Growth principles adopted by the Community Character /Smart Growth Advisory [Coordinator: David Weeks] • CPSP- 2003 -6, Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the County's Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP). [Coordinator: Darren Murphy] • CPSP - 2003 -7, Petition requesting the adoption of a new Economic Development Element including goals, objectives and policies to the Growth Management Plan. [Coordinator: David Weeks] • CPSP- 2003 -8, Petition Requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of the proposed TCMAs within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fairshare developer contributions to the Multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment. [Coordinator: Stan Litsinger] CPSP- 2003 -9, Petition requesting change to Overlays and Special Features of the Land Use Designation Description Section of the Future Land Use Element, to certain noise contours as previously changed by Land Development Code amendment on June 14, 2000. [Coordinator: Marcia Kendall] OLD BUSINESS 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 11/06/03 CCPC AGENDA/RB/lo 3 Biala Oa Halas f 3 Henning =�---- Coyle NON 1 2 2003 Coletta Board of ; ountY Commissioners TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, October 16 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Mark Strain Dwight Richardson Lindy Adelstein Brad Schiffer Paul Midney Kenneth Abernathy (Excused) Robert Murray George Evans ALSO PRESENT : Susan Murray, Planning Services Ray Bellows, Planning Services Joyce Ernst, Planning Services Mike Bosi, Planning Ser;cices, Marjorie Student,. Assistan>t�dunty Attorney Robin Meyer, Planning �p .ices �3 Page 1 ,�;p', s To: B� October 16, 2003 Chairman Russell Budd called the meeting. to order at 8:30 AM. Pledge of Allegiance was recited. 1. Roll call was taken and a quorum established. 2. Addenda to the Agenda — none. 3. Approval of Minutes — not available at time of mail out. 4. Planning Commission Absences — reminder of Land Development Code Amendment meeting on Wed. Oct. 22, 2003 5:05 PM — may carryover to Thursday morning. The afternoon of the 23rd is a 1:00 pm Orientation session. Next regular meeting is November 6, 2003. 5. BCC Reports — Recaps — Spinelli rezone was approved 5 -0. Approved the Conditional Use of the Marati Excavation. 6. Chairman's Report — none. 7. Advertised Public Hearings: A. BD- 2003- AR-4341— Marco Dock & Lift Inc., representing Johann & Angela Mirlak, requesting a 10 foot boat dock extension from the 20 foot maximum permitted for a facility protruding a total of 30 feet into the waterway. Property is located at 141 East Pago Pago Drive, Isle of Capri No 2, and Collier County, Florida Ex Parte Communications none. Those testifying were sworn in by Mr. Budd. PETITIONER Blake Wichard, Marco Dock & Lift, representing the Mirlaks. There is an existing facility with an existing boat lift. They are looking to move the lift further into the water and build a 4x10 foot long walkway in order to get access to the back-of the vessel. Have permits in hand. Mr. Adelstein discussed the draw and tides in order of getting a boat of and on the lift. Mr. Richardson asked if the applicant planned on putting a boathouse at any time in the future. He has purchased a canvas cover but has expressed no desire of a boathouse. STAFF Page 2 16 S�:N October 16, 2 Joyce Ernst — Planning Services - no objection received and meets all the criteria. $earing is closed for discussion and motion. Mr. Adelstein moved to approve BD 2003 -AR -4341 with staff recommendations. Second by Mr. Strain. Carried unanimously 8 -0. B. CU- 2003 -AR -4524 — James B. Malless, AICP, of Firm Wireless Planning Services, LL representing Pinnacle Towers, Inc., requesting conditional use of for a 700 foot guyed tower in the A Agricultural zoning district per LDC Section 2.635.6.2. The property is located at 305 Tower Road northwest of the intersection of US 41 and SR 9519 Collier County, Florida, consisting of 14.55 +l- acres. Ex Parte Communications — none Those testifying were sworn in by Mr. Budd. PETITIONER Wireless planning 845 Mississippi Ave, Lakeland, FL. He James Maness — Tanning work for is a member of the American Institute of Certified Planners and doing p 22 -24 years. He is presenting the two petitions for the Conditional Use and the Variance. Pinnacle Towers owns the land, the existing 524 foot tower on site and will own the new 700 foot tower. C. VA- 2003- AR4525. (The Commissioners will hear both Petitions and vote on them separately). The request is to build a 700 foot tower on an existing tower parcel on Tower Road. The proposal is to come approx., 30 feet from the existing tower, construct the new 700 foot guyed tower, equipment building and future space for additional antennas. Pinnacle has owned for 5 -6 years. It was 700 feet, but was dropped to 524 feet in order to allow co- . location and additional antennas. Requesting three variances — height of tower, guyed wire anchors meet the side yard setbacks, and he towers Club is is oes the Wight of the Creek tower away from residential properties. Eagle They held neighborhood meetings and brochures a found t residents Of the Ply and Creek. Presented required information to Land Development Code and meet all standards. W. Richardson asked about other sites. Mr. Malless stated Pinnacle Towers will lease space to the US Co A t�Guard ed � r companies that need to co- locate on the tower. They are required requisite for a shared use plan with the County. Mr. Adelstein also asked about another area or site that could be used by the Coast Guard. Mr. Malless answered this is the best location given the height, location and closeness to the water. The existing tower map and frequencies assigned to the tower and not the antennas was discussed. Page 3 1 October 16, 2003 Mr. Malless explained the existing tower was originally 700 feet; it was then reduced to 524 feet in October 2000 — additional antennas were put on the tower that used up the structural capacity of the tower, making it so it could be extended. The Coast Guard will be at the top of the new tower, no one has come to them yet for usage between the 524 and 700 feet but there could be other governmental agencies. Mr. Strain asked if they had a perpetual lease with the Coast Guard. To be answered later. Mr. Bosi stated this is a legal non - conforming structure — residential units were constructed after the tower was originally constructed. Power Point Presentation - Chief Paul Rowe — Electronics Engineer for 15 years - was sworn in by Mr. Budd. His presentation included the following: • Services Included — 95 miles of US Coast lines — Search & Rescue Etc. • How It affects Naples Community • Since 9/11 Mandated by Congress to implement quickly— Security • Only 14 miles of coverage at present — will now cover 20 miles from coast line • Nationwide Implementation • Proposed Coverage shown • Area covered except Naples area — next tower north of Naples is Pine Island • Radio coverage was done at 700 feet • Site preferred was shown on map • Environmentally can't build in the Everglades • How the System Works - Benefits were given Mr. Richardson asked if their actual need is for more feet — why not build it. Lonnie Nichols — St. Petersburg, FL — General Dynamics — Contractor and Project Manager. They do not want to infringe any more than they have to. If they meet the required coverage, they are meeting the need and contract obligations. They looked extensively for other towers, did coverage maps and did not want to go above 700 feet if not needed. It is easier to lease than to own and they are looking at a 20 year lease. They have a letter of intent with Pinnacle for such. Brett Buggeln — Director of Co- Location Real Estate and Construction, Pinnacle Towers- owner of the site in question. A letter of intent has been signed with the Coast Guard that indicates the initial lease term would be until 2022. If they provide a satisfactory facility and maintain it to standards, he would expect them to renew any options or follow the agreement they have. They do not have an explicit agreement on renewal. Mr. Schiffer asked what percentage of the use of rental above the existing tower he expects the governmental agencies would provide. Mr. Buggeln stated there are 120 users on the existing tower now. US Navy and Florida Gulf Coast University are two of the agencies. Page 4 16 B October 16, 2003 ST reviewed and a copy was provided to the Mike Bosi — planning Services — was They have not received any negative Mosquito Control District and Rookery Bay. comments from either agency. One letter of objection was received from the Florida Dept. of Transportation. A letter was received and distributed. (Enclosed) proposed tower as described in an FAA Aeronautical Study. The The DOT objects to the propo letter states that the antenna tower lies within a VFR route air between e FAA will Airport and Marco Island Airport that has a high degree weigh the concerns and offer a final decision on what the exact Board height of the tower will g roved b the Planning Commission be. If it is app Y Commissioners for 724 feet, and the FAA decided f�00foot, .or other height can be constructed, that height would dictate over the there Mr. Schiffer asked about the 724 feet the FAA is referring to' Mr. all 170 nfoot,77077 had to be an administrative thejtower was reduced, the FAA was never notified that it had above sea level, and when been reduced to the 524 feet. Strain asked about stipulation #4. He would like the Commissioners agency' change the MI'• required b a language "that if the tower is no longer used or req Y governmental end of same sentence - insert th words "at a level above 250 feet ". Mr. Bosi will make the adjustment' 'dne was concerned about the impact of having a hazard to aircraft w 700 feet or Mr• y the tower. Mr. Bosl stated the impact of ocean vessels not having determine the safe and reasonable means of the final height. the Coast Guard will not push If there is a denial by the FAA to build the 700 foot tower, ether concerning the problem. an appeal• The FAA and the Coast Guard are working fission again. If it is rejected, this may come before the Planning The hearing is closed for discussion and motion. Adelstein moved CU- 2003 -AR -4524 be forwarded to the Boat os County Mr. approval subject Commissio ations as eemended. Second by George Evans. Carried unanimously 8-0. recommend Mr. Strain moved to recommend for approval Variance 2003 -AR 4525 with the stipulations ulations of staff and any amendments discussed. Second by Mr. Adelstein. Carried unanimously 8A. 9:50 AM Break Page 5 1 1), -" "0 October 16, 2003 10:00 AM Reconvened D. CU- 2003 -AR -3906 — Terrance L. Kepple, P.E., of Kepple Engineering, requests a conditional use #7,11, and 16, of the "A" Rural Agricultural District, to allow for the expansion of an existing church facility along with the addition of a child care and assisted living facilities. This petition proposes a 324 seat church, and 300 seat parish hall, a 150 student child care facility and a 20 unit assisted living facility. The property is located at 2425 Rivers Road in Collier County, FL, consisting of 8.3 acres. Ex Parte Communications — none. All those testifying were sworn in by Mr. Budd. Terrance Kepple — Kepple Engineering — the area is on Immokalee Road and 951. Currently there is a small church and a parking area on the site that went through a conditional use. Proposed is to construct a new church (324 seats), a parish hall, day care and assisted living facility. They would be constructed in phases. Reviewed staffs comments and stipulations and have no objections, with one clarification. Child care area says they would be limited to six classrooms, 150 children and 10 employees. He would like to change the number employees as that is set by the State Regulations and that would be followed. It depends upon the age of the children. They do not know what the mix of ages would be at this time. Mr. Strain asked if this was for three conditional uses, or just one. Marjorie Student — Assistant County Attorney responded that it pertains to one parcel, and they will request the three uses but on one application because it is on one parcel. The stipulations language will be cleaned up and remove any redundancies with the Code. Mr. Strain asked if there are to be turn lanes, would they be done by the applicant. Robin Meyer — Planning Services — stated that is a requirement and will be done when Immokalee is constructed to six lanes. Should be in the stipulations. There is no time frame on the project phasing. Marjorie Student stated each project would be commenced within the three years, if not, they would have to ask for conditional use extension, and ask again if it did not commence in the three year time frame. Mr. Kepple did not feel comfortable that would be the case, and understood he would have to come back, but would rather lose it than come back in a year and add it as it causes fewer problems. Mr. Schiffer asked about the buildings on the site plan. (Difficult to read due to the size) Mr. Kepple stated the church has hired an architect for the layout of the buildings, and he will not lock in the dimensions or number of classrooms. The side setbacks were discussed with the minimum setback being 30 feet. This is a conceptual site plan. Page 6 October 16, 2003 1617.. STAFF Robin Meyer — Planning Services — they agree with the stipulations previously agreed upon by Mr. Keppie and Mr. Strain. Mr. Schiffer would like to add that they are allowed to build 30,000 square feet and lock it in. Mr. Midney agrees to strike the 6 classrooms and 10 employees. The hearing is closed for discussion and motion. W. Strain moved recommendation of CU- 2003 -AR -3906 with the staff recommendations including changes to Item #1 involving classrooms, eliminating classroom quantities, employee quantities — change to the square footage to coincide with the site plan provided, elimination of the building dimension and an addition of orientating the play areas to Rivers Road and providing unanimously on Immokalee Road as required. Second by Mr. Adelstein. 4. 9. Old Business: • Meeting October 22 — 5:05 PM and possibly carry over the next morning. • Meeting October 23 -1:00 PM — Orientation • Conceptual plans are attached on site plans if meaningful. • Would like maps blown up larger for easier reading. Cost may be involved and Susan Murray will discuss it with Joe Schmitt. 10. New Business - none 11. Public Comment Item — none 12. Discussion of addenda — none There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:15 AM. COLLIER COUNTY PLANNING COMMISSION Chairman Russell Budd Page 7 �i� B � C i ' Octobe , 003 ��cErv�a `ACT 3 0 2003 TRANSCRIPT OF THE MEETING OF THE t� Co�►+�issioners COLLIER COUNTY PLANNING COMMMISS16 Naples, Florida, October 2, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Mark Strain Dwight Richardson Lindy Adelstein Brad Schiffer Paul Midney Kenneth Abernathy Robert Murray George Evans ALSO PRESENT: Joe Schmitt, Comm. Development & Env. Services Ray Bellows, Planning Services Ross Gochenaur, Planning Services isz;. t;or yes. Fred Reischl, Planning Services (� Le l6 Patrick White, Assistant County Attorney Dare: ' Marjorie Student, Assistant County Attorney / � iale dales Henni coy'. Page 1 colett October 2, 2003 1. Chairman Russell Budd called the meeting to order at 8:30 AM. Two new Commissioners were introduced; Mr. Bob Murray from District 1 and Mr. George Evans from District 3. Pledge of Allegiance was recited. 2. Roll Call was taken and a quorum was established. 3. Addenda to the Agenda — Item 8C — PUDZ 2002 -AR -3158 is continued until the November 6 th meeting due to a result of a flaw in the Growth Management Plan and will need to be analyzed. Mr. Strain moved to continue PUDZ 2002 -AR -3158 to the November 6 I meeting. Second by Mr. Adelstein. Carried unanimously 8 -0. 4. Approval of Minutes — September 4, 2003 — page 3 — Brad Schiffer referred to the 2nd Cycle, not 3rd Cycle. Mr. Adelstein moved to approve the minutes of September 4, 2003 as amended. Second by Mr. Midney. Carried 7 -1. Mr. Strain abstained. Mr. Evans arrived at 8:37 AM. 5. Planning Commission Absences — Mr. Abernathy will be absent on October 16`h, 2003. 6. BCC Report — Recaps — June 24, 2003, September 9 -10, 2003, and September 10, 2003, 5:05 PM Meeting — Mr. Bellows noted the Earth Mining was approved by the BCC 5 -0. Miller Square & Radio Square was approved on the summary agenda and the Wentworth Estates was approved 4 -1. 7. Chairman's Report — none. 8. Advertised Public Hearings: A. Ave Maria and Stewardship Receiving Area Workshop/Presentation — Alan Reynolds — Wilson Miller — (This is a tutorial overview presentation of an update for the ongoing process). The Sending and Receiving area applications pending before the County will be discussed which includes approx. 5,000 acres of Sending areas and the Stewardship Receiving area for the town of Ave Maria. Mr. Reynolds reported they have filed the first applications under the Rural Land Stewardship overlay. They include the Sending and Receiving area applications. They will give an overview of the applications and talk about the design concepts along with the planning principles that were adopted as part of the overlay as they apply to the specific project. Several speakers will give presentations. Page 2 October 2, 2003 Power Point Presentation Highlights are as follows: (Attached) 1A .i • Natural Resource Protec tion — key elements • Review formally January 2004 • RLSA (Rural Lands Stewardship Area) — Plan adopted by the County for the 200,000 acres. • SSA (Stewardship Sending Areas) Application filed in June • SRA (Stewardship Receiving Areas) • BCI -BCBP — the ownership of the lands — Barron Collier Companies • New Town Development —joint venture entity that will be developing the University & the Town of Ave Maria. • Design Guidelines for the Rural Land Stewardship Overlays — Oct. • Aerial & Elevation views were shown. • Protects 5,286 acres of Natural Resources with no cost to Collier County Residents & protects agriculture activities. • Surrounding village will be compact & support faculty, students & residents. • Diversifies rural economy University planned for opening fall of 2006 • Infrastructure needs to be planned. • SRA — 960 acres — 1/3 University — 2/3 Town • Self- provided waste water treatment, public parks, landscaping, streetscaping, lighting, storm water management system to be put in place by developers. • Self- sustaining community — places for shopping, book stores, restaurants etc. need to be planned for — for faculty and students. • Community with character and accomplishes public good through the overlay system. • Tim Durum — Sending Areas 3 & 4 — Aerial Views • Four areas totaling 5,286 acres • Gave exhibits of elevations, soils, listed species, restoration potential, retained land uses and an index map as part of the presentation. • Credits discussed for first phase. • Total Stewardship Credits generated — 7,878 • Stewardship Receiving Area entitlement potential — 985 acres at 8 credits per acre. • All Sending Areas that are part of the application are under Barron Collier's ownership. • The Receiving Area land is under ownership of Barron Collier and the University as a joint venture. • Mr. Strain asked if they were taking advantage of an early entry Bonus program — the answer was "yes -early entry & restoration program ". • Anita Jenkins — Stewardship Receiving Areas • Showed the map with open areas and overlay Page 3 October 2, 2003 • Many of the Suitability Factors were given. ; • Compact Development/Meets all criteria for a tow • Master Plan shown — first phase 960 acres 6C14 IS4 • University planning grid has been established • Grid measurements are 300 feet x 750 feet • Setbacks measured from the planning grid • Design Standards — Academic Buildings/Housing /Sports & Recreational Facilities • Artist Rendering of University Design Character concept of what it might look like was shown. • Frank Ricks — Looney Ricks Kiss — Memphis, TN -- Planning Principles • Unique opportunity for him — to be a place people want to be. • Town Design Standards — Streetscapes important • Focusing on Pedestrian and automobile — sidewalks & landscaping • Town Design Perspective shown • Transition of density in neighborhoods • Diagram shown of streetscapes/lighting/Parking etc. • Illustrative Plan shown — many issues will be addressed • Main roads shown with University in the center • Will be a Catholic University — not non - denominational • Working around Wetlands Questions were asked of the presenters after the presentation Patrick White — Assistant County Attorney — stated there will be a workshop in January Quasi Judicial — and reminded the Commissioners to stick to generic principles so there are no predetermination of comments. Mr. Strain stated the presentation was excellent and felt a copy of the presentation would help in reading the Land Development Codes Amendments in applying them. It is public information and asked if they could receive a copy of it in the mail. Patrick White suggested they wait as his concern is the specific knowledge that pertains to the application package itself. Mentioned it is in a grey area, not to keep the information from them, but that the information is provided at the appropriate time for consideration. Such as having the information within so many weeks ahead of the applications for their consideration would be appropriate. To have them outside the timeline is in a grey zone. He stated there is a line that exists in pre- considering a matter that will come before them. Joe Schmitt explained Mr. Strain asked specifically for a copy of the presentation because they are going to deal with an application of the Land Development Codes for Cycle 3. Not in relationship to the application they will see in February, but the Cycle 3 LDC Amendments. This is public information and can be requested. Page 4 October 2, 2003 Mr. White stated they need to consider and be mindful of the issues he has raised and not form or develop any preconceived ideas based on comments or information provided. He wants to make sure there is open - minded, unbiased and non prejudice finder of fact. Mr. Budd asked Mr. Reynolds to have copies of the presentation distributed it Commissioners and asked they not pre judge the application. In answer to Mr. Murray's question of Utilities, Mr. Reynolds showed a site that will accommodate facilities for the town. All part of the infrastructure plan. They will comply with the new building standards to address storms etc. The Restoration applications, credits per acre of sending areas, indexing and public benefit uses were discussed. More detail will be provided in the workshop. Design guidelines have been put together and have been used for the Counties proposed guidelines and coordinated. Will be consistent with what the County adopts. Joe Schmitt mentioned there will be some significant differences from the urban areas and have been noted — setbacks /sign codes /landscaping etc. Discussion pursued concerning Mixed Uses being present in the Land Development Code and used in this project. Mr. Richardson's concern is how this project will fit into Collier County and requirement for services. (Benefit uses /impact fees /Ad Valorem taxes etc.) The economic benefits were discussed briefly on a generic level. Application meets all the requirement of the Counties overlay of Mixed Use, provision of services, sustainability, and economic impact. A Special District (Section 190) will go before the Board of County Commissioners and establish criteria for taxing assessments etc. Housing the students, dormitories and affordable housing was discussed. All the students will be able to live on the Campus or within the Village, and graduate students could live in the Town. 10:05 AM Break 10:20 AM Reconvened B. BD- 2003 -AR -4392 — Ben Nelson of Nelson Marine Construction representing Michael & Janine Knapp requesting a 24 foot boat dock extension form the maximum permitted 20 feet to allow for a boat dock facility protruding a total of 44 feet into the waterway. Property is located at 230 Barefoot Beach Blvd., Bayfront Gardens Subdivision, Collier County Florida. Those testifying were sworn in by Mr. Budd. Page 5 3. October 2, 2003 PETITIONER Ben Nelson, representing Mr. & Mrs. Knapp — requesting a 24 foot dock extension allowing a 44 foot protrusion into the waterway. Overhead map and diagram was shown. The width of the waterway is approx. 300 feet wide and consistent with the other structures in the Lely Barefoot area. Water depths were show on the diagram with discussion on the extra distance and measurements. STAFF Ross Gochenaur — Planning Services — there was one objection to the petition in which Ross prepared some information for him and was never picked up. Sixteen other docks in the immediate area with extensions ranging from 25' to 45' — approx. average are 35' depending upon the water depth. The petition meets all criteria and he recommends approval. Mr. Schiffer asked if a boathouse could be built on the dock — would it extend past 20' from the shore bank. Mr. Gochenaur answered that according to the Land Development Code no boathouse can protrude greater than 20' as measured from the most restrictive point. Mr. Schiffer asked if it would have to come before the Board if they were to build a boathouse. Mr. Gochenaur stated if the property owner tried to put a boathouse that covered the innermost lift, a boathouse could protrude no more than 20' — if that is used — it is theoretically possible that a roof could be placed over almost all of the innermost lift. The support could not go further than 20' but the roof overhang could extend further. Mr. Richardson talked about secondary and primary criteria with impact on view with neighboring property owners. SPEAKERS Doug Fee — 921 Carrick Bend Circle — President of North Bay Civic Assn. — Lely Barefoot is part of North Bay. The Wiggins Pass Inlet Management Plan had language that the design criteria for the pass and should be 3 feet. As they look at the boat issues in the neighborhood and any of the estuaries — they should take into account how deep the boat draft is and an area of critical environmental concern. They are following the boat issue and stick to the design criteria and continue to study the design of the past. He is not sure a depth has been put into the LDC amendments. Joe Schmitt suggested Mr. Fee look at the Growth Management Plan and the Manatee Protection Plan that has been adopted. It clearly defines the criteria of Wiggins Pass is a 5' depth mean low water, and 4' depth at the dock. Average draft of 2' for the Manatee Protection criteria and the GMP has adopted that plan. This is not a marina sighting, but an issue in regards to a dock — not a marina. Hearing is closed for discussion and motion. Page 6 � 11 °'" October 2, 2003 Mr. Abernathy moved to approve BD- 2003 -AR -4392 subject to staff recommendations. Second by Mr. Strain. Carried unanimously 9 -0. C. LDC Criteria for Boathouses — Discussion — Joe Schmitt Mr. Schmitt sent the Commissioners a memorandum that defines the current Land Development Code that is applied to Boat docks and Boathouses. Commissioner Schiffer's proposal was also enclosed with a few changes. He asked where they wanted to go with it. The criteria for view are only applicable to the dock extension request. The view comes into play because it exceeds the design thresholds that are allowable in putting up a boat dock. View is not a criterion for boathouse; its view is encapsulated in the criteria of the setbacks for building a boathouse. It is controlled by height and distance from the shore and setbacks on each side — in which that protects view. Their concerns are if they apply the criteria of view in regards to boathouse as they do with boat dock extensions — there will be "Subjectivity" involved rather than "Objectivity ". Will this complicate things in making a decision whether or not it can be approved? They think the way the LDC is written meets the needs of neighboring residents and also in applying the protection for the application of boat houses. He is afraid they will get into opinions rather than applying objective criteria. Mr. Strain asked if the Vanderbilt people were notified of the meeting. Mr. Schmitt responded it was advertised. Mr. Strain asked if the individuals involved with this issue were notified by telephone. He would like to hear their particular concerns. Mr. Schmitt did not personally make a telephone call to them. The Vanderbilt Bay and Beach Assn is looking at hiring a planner to do an overlay to eliminate boat houses in the Vanderbilt Beach & Bay area. The purpose was to get the Commissioners guidance and not the publics. Do they want an Amendment prepared and would then advertise as they do with an LDC Amendment? Mr. Schiffer mentioned that on May 8`h they voted to have the Amendment as worded by himself be included in Cycle 2. Staff doesn't have to write it. There is a subjective view when reviewing a boat dock with a boat house; they are reviewing the boat house with view. Mr. Schmitt did not agree — the intent of the LDC would be only the criteria applicable to the dock itself. The issue is with the boat dock itself and not the boat house. Setbacks are a concern and the issues are with the wording plus the community not being represented at the workshop discussion. Discussion followed concerning the issue being discussed without the public input and being put into the 3rd cycle. Whatever the Commissioners direct Page 7 October 2, 2003 staff to do they will do. aff as to evelop objective criteria, not because they "feel', or "think" it has to be objective so they can say they have turned it down or not. Patrick White wanted to make sure they consider evidence of what is coming in as part of a boat dock or boat house application — and whatever the CCPC decision would be, if challenged, has to be supported by competent substantial evidence. The Courts look at lay or sworn testimony, but needs to have evidence to support the determination. Staff is saying — concerning regulation ", they are looking at things that would be considered as evidence, objective and would meet the competent evidence test. Coming from the other end, the testimony from lay witnesses is given weight and credibility, but not of experts. There is a process and does it balance between subjectivity and objectivity? He felt that it does to some degree. Staff is saying they would like to move more towards objectivity and they believe it is being moved more towards subjectivity, and the Commissioners are free to make their determinations of what the appropriate balance is. Mr. Schmitt asked about the 7 criteria that need to be met or would it be 6 of the 7. Staff would have to say the applicants are at the mercy of the Planning Commission. Mr. Gochenaur is also concerned with meeting all of the 7 criteria or 6 of the 7 criterion be met before the petition is approved. The applicant will never know if he is wasting his money or not in meeting the criteria. He discussed the objectiveness and trying to keep it more objective. Whatever the Commissioners decide to do, they have to let staff know whether it will be all or nothing, or 6 of the 7 criteria in which they already know they will meet the criteria in building it that way. Mr. Abernathy expressed his opinion of the 4 out of 5, 5 out of 6, or 6 out of 7 criteria and felt it was a ridiculous thing. Discussion followed on the "neighboring" waterfront property owners and meeting all the criteria. Patrick White would have a real concern if the Planning Commission would reach a determination based upon "their" evaluation of what the impact of diminution of a certain neighbor. Not sure how they can objectively determine that opinion. He talked about the courts view and the analogy for the determination of a boat house extension. It seems to be problematic. Discussion followed on the Land Development Code Amendments as it relates to the boat house issues and how it is written. Page 8 16(1)1 � 8 4 October 2, 2003 Mr. Gochenaur explained there is only one area in the County that has a problem and they are trying to resolve it themselves. It has worked well for the rest of the County for the past twelve years and he did not see any reason to change it now. More discussion followed on the different criteria and how many need to be met. Mr. Midney felt there should be more public input on Mr. Schiffer's memo rather than debate it. Mr. Budd's summary - staff and county attorney are saying the Commissioners can do whatever they want but will have a difficult time defending and implementing it. They really can't ignore their remarks and opinions. Commissioners can expect something in the P cycle and Mr. White volunteered to work with Mr. Schiffer on correct wording. Mr. Richardson agreed with Mr. Abernathy's view on the criteria's that need to be met. Mr. Budd stated there needs to be a more complete and thorough re- evaluation for staff to reliably interpret and provide a clear and concise recommendation that the Planning Commission can interrupt of a relevant criteria that the County Attorney can defend. Staff will address the Boat house criteria now and if they can address the entire section with the boat dock extension, so be it. Mr. Abernathy asked if an amendment can be brought forward that abolishes boat houses completely. It was noted that the City of Naples and Marco Island doesn't have them. It has been brought up at the BCC meeting by Commissioner Halas and it did not go anywhere. Mr. Richardson moved to make a recommendation for an amendment to go before the Board of County Commissioners that the Planning Commission wishes to have a different process for approving boat houses, and if not a choice of the BCC, the criteria will be presented to them. Second by Mr. Schiffer. Mr. Gochenaur asked if the Commissioners are asking that they would like to consider view as a criterion for boathouses — having it done by interjecting it as a 7`h criterion — the pass/fail would all have to be approved or deleted. If so, that is doable. They can delete the statement that all 6 criteria need to be met, change it to 7 criteria and add view. Page 9 R v� October 2, 2003 Mr. Gochenaur's s tement was amended to be added as part of the above motion. Second by Mr. Schiffer was in agreement. Carried unanimously 9 -0. 9. Old Business — None 10. New Business — Date for new and old Commissioner training scheduled for Thursday the 23`d of October at 1:00 PM. Mr. Schiffer would appreciate a copy of the 24 x 36 maps in packets so they are more clearly read. 11. Public Comment Item - none 12. Discussion for Addenda — none There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:25 PM. COLLIER COUNTY PLANNING COMMISSION Chairman Russell Budd Page 10 16(1 8 September 18, 2003 RECEIVE OCT 3 0 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Board of County Cornrai ss forsers Naples, Florida, September 18, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in the Board of County Commissioners Meeting Room, Administration Building, County Government Center, 3301 Tamiami Trail, East, Naples, Florida with the following members present: CHAIRMAN: Kenneth Abernathy Mark Strain Dwight Richardson Lora Jean Young Lindy Adelstein Brad Schiffer Paul Midney Russell Budd David Wolfley ALSO PRESENT: Joseph Schmitt, Community Development & Environmental Services; Raymond Bellows, Planning Services; Marjorie Student, Assistant County Attorney; Patrick White, Assistant County Attorney a�• Page 1 Fiala Halas _ Henning_ Coyle Coletta — September 18, 2003 CCPC Meeting Mr. Abernathy called the meeting to order: September 180, meeting of the Collier County Planning Commission. Pledge of Allegiance was recited. Roll call was taken Addenda to the Agenda: Mr. Bellows provided the following changes to the agenda. Item 8B- Petition PUDZ -03 -AR -4008 will be heard at a future indefinite time. Mr. Abernathy requested that Mr. Bellows check with the county assessor's office, look at the tract card for Pelican Bay and see exactly how many square feet of commercial or office space has been built. Items which were continued were the following: 813- Petition PUDZ -03 -AR -4008 will be continued to an indefinite date 817- Petition PUDZ- 2003 -AR -3831 will be continued to an indefinite date Mr. Budd made a motion to continue the above matters to an indefinite date. The motion was seconded by Mr. Adelstein. The motion was carried 9 -0. Further Addenda to the Agenda: Mr. Bellows provided the following change to the agenda: After Item 12 Discussion of Addenda, that the election of officers for the coming year for the Planning Commission. take place. Mr. Richardson made a motion to change the agenda as outlined above. Mr. Budd seconded the motion. The motion was passed 9 -0. Minutes of August 21" Mr. Strain indicated there should be a correction to the minutes on Page 2, Line 16, which currently reads, "Mr. Adelstein made a motion to continue the case until September 18th. Mr. Budd seconded. Passed 6 -0. Mr. Schiffer and Mr. Strain abstained as there was a conflict of interest." Mr. Strain requested that the minutes be amended to indicate a "possible appearance of a conflict of interest." Mr. Budd made a motion to approve as amended, seconded by Ms. Young. The motion was passed 9 -0. BCC Recaps: Mr. Bellows stated that at the last board meeting the Board approved the popcorn kiosk conditional use by a vote of 5 -0. Mr. Bellows stated that the Board denied the Little Hickory boathouse variances by a vote of 4 -1. The Longview Center PUD at Orange Blossom Airport was approved on the summary agenda. The Parklands PUD amendment and DRI were approved 5 -0. Chairman's Report: None Item 8A- BD- 2003 -AR -4211, Michael Hawkins of Turrell and Associates, representing Gustaaf H. Flier, requesting a 15 -foot boat dock extension from the permitted 20 feet for a boat dock facility protruding a total of 35 feet into the waterway. The property to be September 18, 2003 described considered for the boat dock extension is located at 86 Southport Cove, 5 East and as Lot 7, Southport on the Bay, Unit One, in Section consists of 0.26 acres. (Coordinator: Ross Gochenaur). Mr. Abernathy swore in all testifying on behalf of this issue. There were no disclosures. Michael Hawkins, Turrell and Associates • Mr. Richardson questioned whether the 25 -foot and 28 -foot vessels destined to use the dock needed a draft of 12 feet. • Mr. Hawkins responded that the two boats shoreline, he setbacks presently in place the two boats were placed parallel to could not be met. • Mr. Abernathy observed that the two vessels taken together amount to 49.5 percent of the waterfront footage. • Mr. Hawkins responded that presently the applicant only wants to moor one vessel; the rest is for future use. • Mr. Abernathy questioned whether the petitioner currently owns a vessel. • Mr. Hawkins responded that the petitioner does own one vessel. • Mr. Richardson questioned as to over trimmed mangroves. • Mr. Hawkins responded that a notice was received by the property owner regarding over trimming of mangroves; however, there has been no further action. • Mr. Gochenaur responded that there had been no violation, only that a warning had been sent that future care should be taken. • Mr. Richardson observed that the 35 -foot protrusion seems excessive. • Mr. Gochenaur responded that the 35 -foot protrusion requested is typical in that area and that if the petitioner wanted to moor two boats parallel to the shoreline, he would not be able to fit them in with the setback. • Mr. Richardson questioned whether there was si the areaography with regard to how much depth they have on the other docks • Mr. Gochenaur responded that there are no seawalls and the depth varies with the property. • Mr. Schiffer questioned staff regarding possible placement of a boathouse. 3 6( September 18, 2003 1' Mr. Schmitt responded that the Land Development Code would not allow a boathouse to be built more than 20 feet from the shoreline. • Mr. Budd made a motion to approve the petition pursuant to staff's stipulations, seconded by Mr. Midney, motion was passed 9 -0. • Mr. Schmitt stated that it is his intention to bring back the issue of boat docks and boathouses at the next meeting to discuss the Commission's intent as to where you want staff to go with regard to boat dock and boathouses. Item 8C- VA- 2003 -AR -4243, motion was made by Mr. Budd, seconded by Mr. Adelstein and passed 9 -0 to place Item 8C at the end of the agenda after Item 8I. 4 kl)i RO September 18, 2003 Item 8D -VA- 2003 -AR -4426, Andrew Solis, from the required 5 foosfronhy yard Contracting, Inc., requesting a 7.4-foot variance setback to 7.4 feet. Property n is Gate Estates Unit 512,tin Section 9, described as South, east 105 feet of tract 123, Gold Range 27 East, Collier County, Florida, consisting of 1.46 +acres. Mr. Abernathy swore in all testifying on behalf of this issue. Mr. Budd disclosed that he met with the applicant tan Mrs Stgrain Ms. Young that he had atconference all with applicant and his agen with the applicant and his agent. Andrew I. Solis, Esquire representing J.J. Slaugh General Contracting, Inc. Mr. Budd questioned whether construction stopped when the error was found. • Mr. Solis responded it was stopped when petitioner submitted the spot survey, he met with Ms. Worsley and Mr. Schmitt and they approved the spot survey so the petitioner went ahead. • Mr. Richardson asked what the state of the property is right now. Mr. Solis responded that construction is almost completed. Mr. Schmitt stated that the builder is responsible within ten days of placing the slab to come in and have the spot survey approved and anything done within that time is done at the builders risk. Mr. Schmitt indicated that there was an error and the Board allowed the petitioner to continue building at his own risk. Mr. Schmitt indicated that all inspections have been made by the County. Public Speakers: None Ms. Strain made a motion to approve the petition with stipulations that no future variance will be required, home may be rebuilt in same location. The motion was seconded by Mr. Wolfey. The motion was approved 9 -0. Item 8E- PUDZ - 2002 -AR -2944, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and Richard Yovanovich of Goodlette, Coleman and Johnson, representing Royal Palm Academy, requesting a rezone from "A" Rural Agricultural and "A -ST" Rural Argicultural/Special Treatment to "PUD" Planned Unit Development to be known as Royal Palm Academy PUD for an Educational Campus and Residential Community consisting of up to 650 dwelling units for property located at 6000 Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7+ acres. Mr. Abernathy swore in all testifying on behalf of this issue. Mr. Strain disclosed that he had a brief discussion with Mr. Arnold. • Richard Yovanovich representing the petitioner discussed the following: • Location of site Ito k September 18, 2003 • Access road from Livingston Road to the west to a middle school. • No use of road by residential development • On east side of Livingston Road there will be an interconnect for property owners to the north to gain access to lighted intersection. • Four units per acre are being requested • Access for the residents of Imperial is being provided • Discussion between Mr. Abernathy and Mr. Yovanovich regarding PUD. • Discussed traffic issues and compatibility • Discussed sidewalks • Discussed density. Wayne Arnold, Grady Minor & Associates • Ms. Young inquired regarding the environmental issues. • Mr. Danzer of Phoenix Environmental Group discussed environmental issues and indicated that the wetlands that are currently on the property were analyzed from a wetland rapid assessment procedure that analyzes the value of those based on the quality of habitat. • Norman Trebilcock, Civil Engineer and Certified Planner. Discussed condition of site with regard to water. • Mr. Richardson questioned regarding the easement on the south side, how it will work, how long will it take, and what is it going to take to get the easement in for emergency services. • Mr. Arnold responded that it would be determined by whoever the applicant is to construct the road, the easements are written in favor of the public. • Mr. Richardson commented that he is concerned with what the County can do to get some improved safety access for Phase V, and Mr. Arnold responded that it is the developer's intent to construct a portion of that road that serves our community, after the residential portion of our site, we don't have a benefit of the road. • Discussion of roadway capacities ,residential setbacks, and sidewalks. R 981.4 September 18, 2003 Public Speakers Mr. Abernathy swore in Herbert Oehlers who is testifying regarding the issue. • Herbert Oehlers, homeowner Imperial Golf Estates. Mr. Oehlers had concerns regarding whether developer would assume responsibility for impact mitigation re the access road. • Developer indicated capacity to assume responsibility for impact mitigation depends on the Board decision regarding sidewalks. Bruce Anderson, representing Center Point community church, expressed concerns regarding access easement being granted to the church and cost sharing. Applicant agreed to access easement and cost sharing of one - third, one - third, one - third. • Mr. Arnold discussed sidewalks on one side of the street as opposed to both sides of the street. • Mr. Schiffer questioned whether the developer was requesting lower density. • Mr. Arnold responded that the developer would forego 100 units if a commitment can be gained allowing the construction of sidewalks on only one side of the street. • Mr. Schiffer questioned whether the rear property lines on Livingston Road would go to the Livingston Road right -of -way. • Mr. Arnold responded that is correct. • Mr. Schiffer discussed the issue of the buffer. Ten Minute Break • Mr. Trebilcock stated that regarding the buffer, the 20 feet provided is the buffer for landscaping and the setback, and the closest accessory structure would be outside of any setback or buffer from Livingston Road. Mr. Schiffer suggested wording be added indicating that no principle structure would be allowed within the buffer. • Mr. Budd made a motion that the Planning Commission forward this petition to the Board of County Commissioners with a recommendation of approval subject to the staff report, in addition clarifying Item 4A6 removing the phase of 7 September 18, 2003 transition out of the existing upon the completion of the second classroom building, that there be 25 foot minimum roadway radius on a 40 foot roadway, that regarding the wetland mitigation credits, any extra credits that are available through the petitioner's process be held in favor of the Imperial neighborhood and their access roads, that the sidewalks be a single side sidewalk in exchange in part but also in exchange and receipt of a reduction of 100 units to a net of 550, that there be an easement for the Center Point Community Church as Mr. Anderson requested and Mr. Yovanovich agreed to. and no principle structure within the rear yard buffer. Ms. Young seconded the motion. Mr. Midney asked for clarification regarding the sidewalk. It was agreed that the motion should be amended to include all roads, one side. Motion was further amended to read 5- feet from the lanai rather than 8 -feet. Motion was carried 9 -0. Item 8H- PDI- 2003 -AR -4061, J. Gary Butler, of Butler Engineering, Inc., representing Briarwood Development Corp., requesting an insubstantial change to the Briarwood PUD Master Plan to provide two access interconnect points to the 40 -acre Spinelli Land holding, LLC rezone parcel. The subject property is located in Section 31, Township 49 South, Range 26 East, Collier County, Florida. (Companion to RZ- 2003 -AR- 04041). Mr. Abernathy swore in all testifying on behalf of this issue. Mr. Budd disclosed that he had a telephone conversation with Mr. Spinelli regarding this matter. • Discussion regarding whether a new PUD was being requested. Bruce Anderson representing the applicant discussed proposal to build interconnection within the Briarwood PUD. Mr. Anderson indicated that the developer is in agreement with all staff stipulations including specifically that all of the lots within the additional 40 acres will be incorporated into the Briarwood Homeowners Association and will pay their proportionate share of all association fees and costs. Mr. Anderson addressed concerns of San Marcos resident. Mr. Anderson stated that the applicant has agreed that regarding the properties that abut the eastern boundary which do not have the benefit of the separation of the FL &L easement to build a two foot berm with a five -foot hedge planted on top of the berm. Discussion of emergency vehicle access, traffic increase, and substantial deviation. Kay Deselem, A.I.C.P, Principal Planner, Collier County Community Development and Environmental Services Division discussed access, compatibility, zoning. • Discussion as to what constitutes a substantial change to the road system and it was ascertained that 23% constitutes a substantial change. • Ms. Deselem discussed the inclusion of a stipulation on project AR -4041 that requires those particular lots to be included in the Briarwood Homeowners Association so that the impact on that project will be addressed. 0 1 6(1\ September 18, 2003 • Discussion on Briarwood homeowner's control of the association. and who owns a PUD. • Mr. Anderson stated that when people bought their homes, there was a reservation on the part of the developer to buy future lands and if people objected to that, they could have bought elsewhere. Mr. Anderson discussed the desire for interconnections. • Mr. White stated that the process as set forth in the LDC is that determination is made essentially administratively as to whether a matter is substantial or insubstantial, and it has been determined that this is an insubstantial change. Mr. White stated that he does not believe it is in the Board's authority to make a determination as to the correctness of the determination of staff that it is an insubstantial change. • Mr. Budd stated that he does not understand the inconsistency when our staff planner determines that it is insubstantial and our transportation representative just commented that the additional traffic being routed through Briarwood is substantial and the amount of traffic impacting public roads is one of the criteria in determining whether it would be handled through a substantial or insubstantial change method. • Discussion of traffic on private roads and interconnections. • Discussion of buffers. • Discussion regarding swimming pools. • Mr. Anderson stated that the number of pools is a private deed restriction issue; secondly, the construction of the second pool is on the way but has been held in abeyance to determine the appropriate sizing based on the addition of the 40 -acre parcel • Ms. Deselem stated that those letters and correspondence were based on the advertisement for this and she did not make a determination whether they were germane to the issues being discussed other than the brief synopsis in the Briarwood report indicating that there are some issues being raised by the neighbors. Ms. Deselem indicated that she does not know whether the allegations are true or false because they are outside the venue she was reviewing. • Mr. Strain questioned whether there is a legal requirement regarding square footage of the pool versus the number condos the pool services. • Ms. Deselem responded that it is not within the scope of the PUD or of what she was reviewing. September 18, 2003 • Mr. Schmitt stated that staff is not prepared to address the issue of the pool • Mr. Anderson indicated that there will be a second pool, the only question will be design and if the new houses will be entitled to use both pools. • Discussion regarding interconnecting to San Marcos and prohibition in staff report indicating that it will not be done. Public Speakers Dan Payne: Homeowner on San Marco's Boulevard. Does not want interconnect. Steve Payne: Homeowner on San Marcos Boulevard. Is concerned about PUD and rezoning. Scott Keller: Homeowner on San Marcos Boulevard. Concerned about access road. Would impact on countryside life style currently enjoyed. Having road would destroy his property value. Road would open up into high- density trailer courts endangering safety of children. • Mr. Strain suggested that vacating the road easement might protect the property owners in the future. Mr. Richardson asked prior to Mr. Keller purchasing his property what Mr. Keller thought might happen to that vacant property in the future. Mr. Keller responded it was his understanding prior to purchasing the property that the County Commissioners had already decided that no access road would be built there and that there were other access points available. Richard Knott: Resident of Briarwood and Co- Chairman of the Briarwood Residents Committee. When the Briarwood Homes were sold in the early nineties the home purchasers were shown diagrams of where the homes would be and were told that the developer would be finished within three and four years. However, after the first homes were completed the developer purchased additional land and Briarwood became larger. Briarwood has been under the control of the developer for 12 years and it appears that Briarwood will be under control of the developer for at least another five years. A reasonable compromise would be that the developer should relinquish control of the property owners association or utilize a meaningful Board of Directors with 50% membership coming from the homeowners so the homeowners will have some control over their community. As it stands, the developer has control of Briarwood until the last home is built. Frank Green: President, Maplewood Homeowners Association. Discussed residents desire to have Crossfield Circle Gate removed. iii, 1 September 18, 2003 • Discussion of access for emergency vehicles. John Alcott: President of the Dover Parc Condominium Association. Addressed concerns about amount of traffic. Addressed two major concerns of the residents of Briarwood, for the new area as current law is set up there is no indication that area would have to be part of the Briarwood Home Owners Association. The developer is in full control. There is concern that access would be given to the 40 acres through Briarwood without their participation in paying assessments to maintain roads; this concern has been taken care of. The pool is a second concern. The current pool and recreation area is currently in violation of state codes, not enough water flow in the pool and insufficient drains have been placed in the bathrooms. The Association would like to know if since Staff Recommendation No. 5 is up for approval which addresses the situation of the new 40 acre tract people being part of Briarwood's Association, could there be an additional recommendation requiring the developer to complete the pool and any other changes to the recreation facility required by the state or county before any building permits are issued for the 40 acres. Bruce Anderson: If the Briarwood Residents Committee will be supportive of the PUD and rezone request, developer will agree to the stipulation regarding the building permits. • Discussion regarding bringing pool up to code and second pool. Mr. Budd made a motion to approve the petition with all the commitments stipulated on the record by the petitioner and including the staff stipulations attached. Motion was seconded by Mr. Strain. Motion was carried 9 -0. Item 8G- RZ- 2003 -AR -4041, J. Gary Butler, of Butler Engineering, Inc., representing Spinelli Land holdings, LLC, requesting a rezone from "A" Rural Agricultural to RSF -3 for a single - family development. Property is located on the south side of Golden Gate Canal 'h mile east of Livingston Road and one mile north of Radio Road, Section 31, Township 49 South, Range 26 East, Collier County, Florida, consisting of 40+ acres. (Companion to PDI- 2003 -AR -4061) Bruce Anderson: Adopted and incorporated by reference all remarks on the prior petition and was prepared to answer questions. • Mr. Strain asked if vacating the easement of San Marcos Blvd. is requested, does the developer agree not to object to it so that the residents along the extension can go ahead, with the same criteria • Mr. Anderson responded that with the same caveats, yes. • Mr. Strain questioned regarding standards. • Ms. Deselem discussed staff report dated July 31 recommending approval and recommended conditions. 11 September 18, 2003 161 • Mr. Anderson confirmed agreement to stipulation regarding the berm which would be accomplished at the time of infrastructure installation because of need to irrigate, land must be cleared before infrastructure can be put in. Public Speakers: Dan Payne: Would like eight -foot wall. • Mr. Bellows indicated that the code does not allow for an eight -foot wall. Steve Payne: Discussed petition asking for six -foot wall to protect country lifestyle. Scott Keller: Indicated desire for some sort of barrier. Two -foot berm is too small; should be minimum of four feet. • Discussion of berm versus wall density and zoning change. John Alcott: Discussed completion of pool before building starts. Would like to see people in 40 -acre tract become part of Briarwood Association and share in expenses. • Mr. Anderson discussed Land Development Code and buffer. • Mr. Schiffer discussed the berm. Discussion was held regarding either a six -foot structural wall, concrete or masonry, or in lieu of that a four -foot berm with a six -foot vegetation buffer to reach 80% of capacity within one year. Mr. Budd made a motion that the matter be forwarded to the Board of County Commissioners with a recommendation of approval subject to the five stated stipulations, Stipulation 6 being a minimum housing size of 1,000 square feet, Stipulation 7 regarding plantings and berm or wall, the options being a four foot high berm, six foot high hedge 3 foot on center with an 80% capacity in one year in a 15 foot wide buffer or six foot high structural wall on petitioner's side of the property line. Motion was seconded by Mr. Wolfey. Motion was carried 9 -0. Item 8I -SV- 2003 -AR -4207, Gill Strelec, of Kemp Signs, Inc., representing Exxon/Mobil, requesting a 10 -foot property line variance from the sign setback requirements of 10 feet to 0 feet for a new ground sign. Property is located at 4577 Executive Drive, in Section 20, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Michael Deruntz) (Continued from 8/21/03). Mr. Abernathy swore in all testifying on behalf of this issue. There were no disclosures. 12 16(1)1 September 18, 2003 Gill Strelec, Kemp Signs, Inc., representing Exxon/Mobil Oil Corporation. Collier County changed signs codes, and Exxon had six gas stations in Collier County which needed to be brought up to standards. That was done and there are six signed permits for six signs in the county. Regarding site on Executive Drive, the new sign would be hampered by the wall that surrounds the development and upon lowering the sign the sign would not be visible to the public. Sign needs to be outside the wall in order to be seen. Discussion on preference of applicant for Choice A as opposed to Option B. Staff recommended approval. Public Speakers None Motion made by Mr. Wolfey to approve petition SV -2003 AR 4207 with option A. Motion seconded by Ms. Young. Motion carried 9 -0. Item 8C- VA- 2003 -AR -4243, Melanie Beebe, requesting an 18.1 -foot after- the -fact side yard variance from the E Estates zoning district side yard requirement of 30 feet to 11.9 feet for the existing one story single - family residence; and an 18 -foot after -the -fact side yard variance to 12 feet from the required 30 feet for the existing 8'x8' front utility shed. Property is located at 245 22nd Avenue N.E., further described as Golden Gate Estates Unit 23 East 180' Tract 50, in Section 27, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Michael Deruntz) (Continued from 08- 21 -03). Mr. Abernathy swore in all testifying on behalf of this issue. There were no disclosures Tim Beebe, applicant, indicated that the house was built in 1984 and the land was split shortly after. The split was approved by all county agencies with no contingencies. Applicants bought the house in 2001 and found out in 2003 that the house is in non- compliance. Applicants got fence permit, well permit. Code enforcement cited the property for two code violations that were approved in 1984. Collier County is forcing applicant to suffer a large financial burden by asking them to become code compliant in 2003 for two structures that were approved in 1984. A variance fee costs $1,000, which was paid. There is still a long list of requirements. It is dragging on. Applicants are being penalized for human error of the parties who approved the house in 1984. Applicant had several surveys done and this was shown . Mr. Schmitt stated that this situation is the result of subdividing the property, sold the adjoining lot, which resulted in the conforming structure becoming a non- conforming structure, which had been done by the time the Beebes bought the property. Mr. Schiffer questioned how a lot is subdivided without an as -built survey to show the County what is being subdivided. Discussion was held and it was determined land has been sold without meeting zoning ordinances. 13 September 18, 6jI)I • Shed was discussed. • Planning report was discussed which recommend approval of the variance for the single - family residence and recommending denial of variance for the shed. Ms. Young made a motion that the Collier Planning Commission forward Petition VA- 2003 -AR -4243 to the Board of County Commissioners with a recommendation for approval with conditions; however, conditions are limited to numbers one and two only. Motion was seconded by Mr. Wolfey. Motion was carried 9 -0. Mr. Budd stated that one as written said that the variance granted is limited to the house, modify that to read variance granted is not limited to the house. Mr. Wolfey stated that limited to the existing site plan as submitted here today. Old Business Mr. Schiffer reported that regarding the boathouse resolution that Mr. Schmitt will be reporting on it at the next meeting. Ms. Student read into the record a statement regarding Mr. Adelstein's conflict at the last meeting on the Radio Square PUD. Election of Officers Mr. Richardson made a motion nominating Mr. Abernathy as Chairman, Mr. Budd as Vice - Chairman, and Mr. Adelstein as Secretary. Motion was seconded by Mr. Midney. Mr. Adelstein made a motion nominating Mr. Budd as Chairman of the Planning Commission and Mr. Strain as Vice - Chairman. Motion was seconded by Mr. Wolfey. Mr. Abernathy indicated that he would like to step down. Mr. Wolfey made a motion nominating Mr. Budd as Chairman, Mr. Strain as Vice - Chairman and Mr. Strain as Secretary. Motion carried 9 -0. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:30 p.m. Collier County Planning Commission Advisory Board Kenneth Abernathy, Chairperson 14 Fiala V Halas Henning Coyle Coletta gECE VED NOV AGENDA .1 ) 200 did �.()tfnj.� ;,oioflraiss ioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M.; THURSDAY, NOVEMBER 20, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that two (2) members of the Collier County Planning Commission (Dwight Richardson and Bob Murray) are also members of the Community Character /Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character /Smart Growth Advisory Committee from time to time. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES — OCTOBER 16, 2003 5. PLANNING COMMISSION ABSENCES 6. BCC REPORT- RECAPS- OCTOBER 28, 2003 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. BD- 2003 -AR -4288, Jerry C. Neal, P.E., of Hole Montes, Inc., representing Sunset Cay Villas, requesting after -the- fact boat dock extensions for existing communal docks located at Buildings No. 1 -14, Sunset Cay Villas located in Port -of- the - Islands Subdivision. The docks are located in a boat basin that was specifically built for docking of the Sunset Cay condominium unit owners boats. Dock protrusions vary from 47 feet to 105 feet as follows: Building 1 11 " �S% = 47 feet; Building 2 = 48 feet; Building 3 = 50 feet; 13uilding 4 = 50 feet; Building 5 = 49 feet; Building 6 = 49 feet; Building 7 = 48 feet; Building 8 = 49 feet; Building 9 — Building 12 = 83 feet; Building 13 = 52 feet; and Building 14 = 50 ftBuilding Property �105 located on Building port Drive, in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (Coordinator: Ross Gochenaur) B. BD- 2003 -AR -4560, Brian Jones, representing Ben and April Jones, requesting an after - the -fact boathouse built on an existing boat dock. The property is located at 430 San Juan Avenue, Lot 686, Isles of Capri Unit No. 3, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: Ross Gochenaur) C. PE- 2003 -AR -4 261, Doug Schroeder, Executive Director of Cocohatchee Nature Center, requesting a parking exemption to allow off -site parking via a shared parking agreement, pursuant to LDC §2.3.4.1.2.c., between the Cocohatchee Nature Center and the Pewter Mug. Access between the properties will be via a proposed pedestrian walkway under the U.S. 41 Bridge over the Cocohatchee River. The Cocohatchee Nature Center is located at 12345 Tamiami Trail North, in Section 21, Township 48 South, Range 25 East, Collier County Florida. (Coordinator: Kay Deselem) D. PUDA -03 -AR -4008, C. Laurence Keesey, of Young, van Assenderp, Varnadoe & Anderson, P. A. representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc., requesting a rezone from "PUD" to "PUD" Planned Unit Development known as the Pelican Bay PUD for the purpose of amending the PUD document to reallocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Area to the South Commercial Area. Most of the 170,343 square feet of commercial use relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. This relocated use will increase the approved uses by 134,343 square feet of retail and 36,000 square feet of office space within the South Commercial Area. In addition, the Pelican Bay PUD is currently approved to contain up to 8,600 residential dwelling units. This petition will reduce the approved number by 800 units, to a new maximum of 7,800 residential dwelling units. The property to be considered for this rezone is located in the Northwest quadrant of the intersection U.S. 41 and Seagate Drive, at 5555 Tamiami Trail N., in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida and consisting of 2,104 acres. (Coordinator: Ray Bellows) E. DOA - 2003 -AR -4777, George L. Varnadoe and C. Laurence Keesey, Esq., of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Waterside Shops at Pelican Bay Trust, requesting an amendment to the Pelican Bay Development of Regional Impact (DRI) to relocate 170,343 feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum nuber residential dwellings by 800 units to a new quadrant of the intersection of Tamiami Trail (US -41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4,5,8 and 9, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Ray Bellows) F. PUDZ- 2003 -AR -3665, Vincent A. Cautero, of Coastal Engineering Consultants, Inc., representing Gates McVey - Knopke, LLC, requesting a rezone from the "A" Rural Agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.97 dwelling units per acre. The property to be considered for this rezone is located on the east side of Goodlette -Frank Road; north of Orange Blossom Drive; South of Vanderbilt Beach Road, and adjacent to and south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 South, Range 25 East, Collier County, Florida, consisting of 24.21± acres -(Coordinator: Fred Reischl) RESCHEDULED TO 12 -04 -03 OLD BUSINESS 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 2 JkWgAore $sasdi&Mio« ACS-7.N. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 6�1 OCT 3 0 2003 hoard of County commissioners I. CALL MEETING TO ORDER II. ATTENDANCE 111. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: October 8, 2003 V. TRANSPORTATION SERVICES REPORT: A. Budget - Val Prince VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance 1. Mulching costs VII. OLD BUSINESS: A. Collection of Insurance Fees — Risk Management B. Banners — Tom Weistead & Bob Petersen C. Effluent Service Line — Val Prince D. Property Line Survey (Ingram's) - Bob Petersen E. Street Name Change - Application - Bill Neal F. Sawyer Marina - improvements (Mr. Sawyer) G. Bus shelters/CAT system for Bayshore — Bob Petersen H. Code Enforcement VIII. NEW BUSINESS: IX. PUBLIC COMMENTS: X. ADJOURNMENT The next meeting is Wednesday, 4:00 PM., December 10, 2003 'Wiler County Landscape Operations : 2705 Horseshoe Drive South Naples, FL 34104 Fiala Halas Henning. Coyle ._ Coletta ✓ r ,� 16(1)1 89 � Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 October 8, 2003 Chairman Bill Neal called the meeting to order at 4:00 PM. li. ATTENDANCE: A. Members: Bill Neal, Maurice Gutierrez, Tom Finn, Tom Welstead, Ed McCarthy (Excused) B. Collier County: Bob Petersen & Val Prince- Project Mgrs./Landscaping Operations, Joanne Hartman - Operations Coordinator, Kris Jain - Engineer C. Others: Brent Bixby - Commercial Land Maintenance, Shannon Hughes & Doug Workman - residents of Bayshore MSTU, Sue Chapin - Manpower Services III. APPROVAL OF AGENDA: Tom Finn moved to approve the Agenda. Second by Maurice Gutierrez. Carved unanimously 4-0. IV. APPROVAL OF MINUTES: September 10, 2003 Tom Finn moved to approve the minutes of September 10, 2003. Second by Maurice Gutierrez. Carried unanimously 4 -0. Bob introduced Joanne Hartman, Operations Coordinator. She will work with the MSTU Beautification Committees. Ed McCarthy will do another design for the banners and send to Bob Petersen. V. TRANSPORTATION SERVICES REPORT: A. Budget — Val handed out the new fiscal year adopted budget. (Attached) He covered the operating, capital improvements, carry forwards and transfers. - Tom Welstead had a resident question the landscape and maintenance budget. - Val mentioned all bids can be provided along with any cost comparisons etc. - Bob Petersen discussed the differences of landscaping costs between Property Associations and Roadway costs. - Revenues - $40,000 transfer from Road & Bridge needs to be added to the Budget. - Ad Valorem — may be able to reduce miilage rate — will discuss in spring. VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance — Brent Bixby • Planters completed • Regular scheduled Maintenance • Checked poles with Banners - #18 is south of Windstar — fixed 16 banner poles (file police reports when damaged) A pole & tree were lost • Simmons doing electrical work/paver repair /sink hole IY91 Tom Welstead wondered if there can be budgetary cuts made. He feels the Committees fiduciary responsibility is to keep the millage rate down. He would like to have Robert analyze costs on the mulching. Bob Petersen asked the Committee to write a letter to Lary Ingram in regards to his property line at Cricket Apartments. Bill Neal stated Mr. Ingram is not part of the MSTU and not supposed to be trimming the hedges on County property. Mr. Ingram claims it is his property. Bob Petersen will have the County survey the area to find whether the County planted on Mr. Ingram's property. If the hedges are on Mr. Ingram's property, they will be moved. • MSTU design standards of landscape pruning were discussed. • Fall & Winter Banners — authorized $18,000 to spend on banners - need design for the fall and winter banners. • Shannon Hughes spoke of having banners at each end of the Bayshore Club Apartments. She is willing to pay for them. • The poles will be moved and spaced out. Brent will make a record of the pole numbers. VII. OLD BUSINESS: a. Bridge 1. Kris Jain's increase in Purchase Order — explained the median beautification is finished with Improvements on the sidewalks. Was split into two phases with two sets of plans for construction and administration and ran short of the total funds. He talked about: - Concrete Barrier - Cracks on the bridge Sidewalk - Handrail system — precast planters /post & aluminum handrails - Traffic Barrier Wall - Railing System — no problems The complete package for Kris to do the bridge work was reduced from original cost and is now approx. $400,000 for the Bridge. Being it is in two phases, with two sets of plans, which extended the time, Kris will need $5,500 additional for his services in the contract. Tom Welstead moved to approve the $5,500 for the additional work for Kris Jain. Second by Maurice Gutierrez. Carried unanimously 4 -0. b. Lights — discussed last month. c. Collection of Insurance Fees — has been reimbursed in the correct accounts. $407.60 has gone into the Lighting Maintenance Account. Tom Welstead moved to have someone from Risk Management attend the next meeting to address the costs involved concerning Insurance fee claims. Second by Maurice Gutierrez. Carried unanimously 4 -0. d. MSTU - $25,000 (New Fiscal Year) — discussed under budget report. 2 49 e. Banners — Bob read an e-mail from Ed McCarthy concerning the flag banners. (Attached). Tom Welstead moved to cancel the order for the flag banners from Classic Form & Design. Second by Tom Finn. Carried unanimously 4 -0. Tom Welstead and Bob Petersen will follow up with their vendors for the flag banners with a price at the next meeting. f. Effluent Service Line — Val sent an e-mail to the appropriate people and has not yet received an answer. Committee members received a copy. (Attached) Tom Welstead moved for Val to e-mail the appropriate person each week to work out the effluent water situation and report at the next meeting. Second by Tom Finn. Carried unanimously 4 -0. - Bill Neal read an article from a citizen in the Naples Daily News stating the County spent $605,000 for the Bayshore Beautification project. After further study it was noted the figure is the Bayshore's MSTU's Revenues and not County money but taxpayers. - Bill discussed the Arts & Craft Festival coming to the Bayshore area. Tom Welstead moved Chairman (Bill Neal) write a letter encouraging the Arts & Crafts Festival to be brought to the Bayshore area. Second by Maurice Gutierrez. Carried unanimously 4 -0. - Bill handed out a map on the zoning overlay of the Bayshore area. (Attached) Discussion followed. - Bill asked about the street name change. He has filled out the application and will submit it to the County on Thursday. Tom Welstead moved that Bill contact the Botanical Gardens for the application cost for the name change. Second by Tom Finn. Carried unanimously 4 4. VIII. NEW BUSINESS: A. Code Enforcement — Bill mentioned the different things the CRA is doing to improve the area with cracking down on the run down properties and in order to improve the drainage area in all of Bayshore and the CRA, to enhance the area; they are looking at eminent domain. - Bob will make sure someone from Code Enforcement is at the next meeting so they can address these issues. - Bus shelters and the CAT system were discussed for Bayshore with partnering with the County. - The Committee would like to have Mr. Sawyer attend the next meeting in reference to the improvements being made to his property. - Maurice spoke with Peter Hayden concerning the dredging. The property owners have no control of the embankment and will stick to the dredging. 16(I)1 89 IX. PUBLIC COMMENTS: Doug Workman — Van Buren Street — he asked who to call when lights are out. He can call Bob or Val — they handed out their numbers. He asked about blighted areas and eminent domain. - Bill commented the area is a blighted area. - The new overlay zoning discussed earlier, by Bill Neal addresses the standards in the area. The map was handed out. (Attached) Doug also stated that horticultural debris is being dumped on vacant property. Waste Management is not picking it up. This can be brought up with Code Enforcement. Aaron Blair — Executive Manager for the CRA can be contacted for any questions concerning the overlay zoning. (403 -2321) X. Being no other business to come before the meeting it adjourned at 6:05 PM. The next meeting is Wednesday, 4:00 PM., November 12, 2003 Collier County Landscape Operations 2705 Horseshoe Drive South Naples, FL 34104 E 1 6(1r, $aysAore &4 w #ieaffoM ACS.TAL Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 I. 1 1L.a..► • • • 1 I u l Agenda and Minutes were approved. VII. Old Business: a. Kris Jain's increase in Purchase Order — the complete package for Kris to d the bridge work was reduced from original cost and is now approx. $400,000 for the Bridge. Being it is in two phases, with two sets of plans which extended the time, Kris will need $5,500 additional for his services in the contract. Tom Welstead moved to approve the $5,500 for the additional work for Kris Jain. Second by Maurice Gutierrez. Carried unanimously 4-0. b. Collection of Insurance Fees — has been reimbursed in the correct accounts. $407.60 has gone into the Lighting Maintenance Account. Tom Welstead moved to have someone from Risk Management attend the next meeting to address the costs involved concerning Insurance fee claims. Second Maurice Gutierrez. Carried unanimously 4-0. e. Banners — an e-mail from Ed McCarthy was read concerning the flag banners. Tom Welstead moved to cancel the order for the flag banners from Classic Form & Design. Second by Tom Finn. Carried unanimously 4-0. f. Effluent Service Line — Val sent an e-mail to the appropriate people and has not yet received an answer. Tom Welstead moved for Val to e-mail the appropriate person each week to work out the effluent water situation ands report at the next meeting. Second by Tom Finn. Carried unanimously 4-0. Tom Welstead moved Chairman (Bill Neal) write a letter encouraging the Arts & Crafts Festival to be brought to the Bayshore area. Second by Maurice Gutierrez. Carried unanimously 4-0. Bill Neal mentioned he has the application for the Street name change and will submit it to the County on Thursday. Tom Welstead moved that Bill contact the Botanical Gardens for the application cost for the name change. Second by Tom Finn. Carried unanimously 4-0. Petersen_b From: PSAGraphicCaol.com Sent: Wednesday, September 24, 2003 10:38 AM To: BobPetersenQwIllergov.net Subject: Flag Banners Page 1 of 1 � � f Good Morning Bob IM afraid I have made an error in the quoting of this order. My quote was for 4 double sets of flags (8 Flags) at $270.00 each which totals $1080. Unfortunately I referred to an example of pricing as 2 sets (4 flags) at $270 each = $540.00 1 also made an initial mistake by misreading your request for bid at 4 sets of flags instead of 2 sets for a total of 4 flags. I do apologize for the error and offer the following solutions. No 1. We can cancel the order. No. 2. We can leave the order at 2 sets (4 flags) my cost Is $940.00 with no mark up, and this is the price I would charge you. No.3.increase the order to 4 full sets (8 Flags and 4 sets Hardware) at $1080.00. The Flags may be used on additional poles. No 4. Order 4 sets, 8 flags and 2 sets of hardware for 2 poles. The additional flags can be used as replacements in the future. If you ordered 8 flags and 2 pole sets of hardware the cost would be ($840.00) 4 flags sets (8 flags and sets of hardware for 2 poles). Again I do apologize, but I think you can see the confusion which can result with sets versus totals. Regards ED 9/25/2003 M� W r die V BA YSHORE /GA TEWA Y TRIANGLE REDEVELOPMENT AREA BA YSHORE DRI VE MIXED USE ZONING 0VERLA Y N W E s SCALE 0 SCOfT. 1000f-T. LEGEND RESIDENTIAL NEIGHBORHOOD COMMERCIAL SUBDISTRICT (RNC) ® NEIGHBORHOOD COMMERCIAL SUBDISTRICT (NC) WATERFRONT SUBDISTRICT (W) C—1 RESIDENTIAL SUBDISTRICT 1 (R1) [VRM RESIDENTIAL SUBDISTRICT 2 (R2) RESIDENTIAL SUBDISTRICT 3 (R3) ACCESSORY PARKING ZONE ®� CRA BOUNDARY prince v From: prince _v Sent: Wednesday, September 17, 2003 6:18 AM To: casey_bob Cc: Petersen _b Subject: RE: Re -Use Main Line for Bayshore and US 41 East Supply Bob, The City is providing the irrigation supply at his point in time at two locations As to the water amounts, it is unknown if we are able to extend the line up the east side of Bayshore Dr. There will then be the ability to supply, the all landscaped areas on Bayshore Drive, US 41 Medians and other landscaped streets in the MSTU that the Committee elects to do. The question at this point is whether or not an effluent mainline can be run up the east side of Bayshore to US 41 (E) for the delivery of effluent water? Is this feasiable or not and who would be paying for the line? Val - - - -- Original Message---- - From: Casey—bob Sent: Tuesday, September 16, 2003 9:29 AM To: prince_v Subject: RE: Re -Use Main Line for Bayshore and US 41 East Supply Val, I was off work for a month, thus the delay in responding. what is currently being used for irrigation? If it is potable, who supplies it, City /County? What is the desired peak gallon per minute and Gallon per day flow rates for the proposed system? What operating pressures will be required? What size tap will be required? I will need you to complete a reclaimed water application for our files. If you need some, let me know. Thanks, Bob - - - -- Original Message---- - From: prince_v Sent: Thursday, August 14, 2003 7:14 AM To: casey_bob Cc: flagg_d; Petersen_b Subject: Re -Use Main Line for Bayshore and US 41 East Supply Bob, Several years ago we wanted to connect/tap onto the effluient line at the northeast corner of Thomasson and Kelly Road intersection. At that time the idea could not be implemented. With the creation of the Bayshore /Avalon Beautification MSTU and its landscape segment and the East US 41 landscape segments, the greater supply of effluient today, the County's recent committment of more reuse for irrigation, we are again looking into the feasibility of making the tap and having a main installed on the east side of Bayshore Drive to US41 and then maybe some where on US 41 (E). Could you supply any thoughts as to the proposal and what steps would we follow to accomplish the main extention? 16(1?,7 gq V THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA BAYSHORE DRIVE MIXED USE ZONING OVERLAY Collier County Community Redevelopment Agen( qq Sec. 2.2.33. Bayshore Drive Mixed Use Overlay District. 2.2.33 Bayshore Drive Mixed Use Overlay district. Special conditions for the proper- ties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 2.2.33.1. Purpose and intent. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small -scale mixed use development. This district is intended to: revitalize the commercial and residential development along this corridor; enhance the waterfront; encourage on- street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby single - family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. 2.2.33.2. Applicability. These regulations shall apply to the Bayshore Drive Mixed Use Overlay district as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Supp. No. 13 LDC2:124.7 2.2.33.2 COLLIER COUNTY LAND DEVELOPMENT CODE Maps. Except as provided in this section of the Code, all other uses, dimen- sional and development requirements shall be as required in the applicable underlying zoning category. I. "T RIP, 1 DAYSHORE DRIVE MIXED USE OVERLAY DISMCT rX I T 2.2.33.3. Illustrations used in this section are solely intended to provide a graphic example of a specific standard or standards set forth herein and not as requirements the for style of specifics projects. Variations from these illustra- tions, which nonetheless adhere to the provisions of this section, are permitted. 2.2.33.4. Subdistricts. There are five subdistricts identified within the Bayshore Mixed Use district: Neighborhood Commercial; Waterfront; Residential One; Residen- Supp. No. 13 LDC2:124.8 ZONING 2.2.33.6 tial Two; and Residential Neighborhood Commercial. The boundaries of these subdistricts are identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. Uses and standards for each subdistrict are specified. In the event that parcels are assembled that include parcels fronting Bayshore Drive and extending to the end of the overlay boundary, a mixed -use develop- ment is permissible and may include all of the uses specified in the correspond- ing Neighborhood Commercial and Residential subdistricts, provided the most restrictive landscaping and buffering requirements will apply to development abutting any residential district. 2.2.33.5. Neighborhood Commercial subdistrict. The purpose and intent of this subdis- trict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian - oriented. 2.2.33.6. Permitted uses. For all of the properties located within the Neighborhood Commercial subdistrict, as indicated on BMUD Map 1, the Bayshore Drive Mixed Use Overlay district, the following uses are permitted as of right in this subdistrict: a. Accounting, auditing and bookkeeping services (8721). b. Amusement and recreation services (groups 7911, 7991). C. Apparel and accessory stores (groups 5611 - 5699). d. Barber shops (7241). e. Beauty shops (7231). f. Business services (groups 7311, 7313, 7322 -7338, 7384). g. Eating places (5812 except concession stands, contract feeding, dinner theaters, drive -in restaurants, fast food restaurants, food service (insti- tutional), industrial feeding). h. Food stores (groups 5411 except convenience stores, and supermarkets, 5421 - 5499). L General merchandise stores (5331- 5399). j. Offices for engineering, architectural, and surveying services (groups 8711 - 8713). k. Health services (8011 -8049, 8082). Supp. No. 13 LDC2:124.9 ki, 1 89 ZONING 2.2.33.7 1. Home furniture, furnishing and equipment stores (groups 5714 -5719, 5731 - 5736). m. Hotels and motels (7011 except hostels). n. Insurance carriers, agents and brokers (groups 6311 -6361, 6411). o. Legal services (8111). p. Management and public relations services (groups 8741 -8743, 8748). q. Membership organizations (8611 - 8699). r. Miscellaneous repair services, (7629, 7629 except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines and 7631). S. Miscellaneous retail services (5912, 5932 -5949, 5992 - 5999). t. Museums and art galleries (8412). U. Personal services (groups 7212, 7291) V. Photographic studios (7221). W. Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511- 9532, 9611 - 9661). x. Real estate (groups 6531 - 6541). y. Security and commodity brokers, dealer, exchanges and services (groups 6211 - 6289). Z. Shoe repair shops and shoeshine parlors (7251). aa. United States Postal Service (4311 except major distribution center). bb. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record services only, all excluding outdoor ken- neling). cc. Videotape rental (7841) dd. Residential uses with the following limitations: Multi- family uses are permitted above commercial uses on lots fronting Bayshore Drive, no single family units are permitted on lots fronting Bayshore Drive. 2.2.33.7. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this district, and the following additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay district: a. Gasoline service stations (5541). b. Outdoor storage or merchandising unless specifically permitted by other provisions of this BMUD. Supp. No. 11 LDC2:124.11 2.2.33.7 COLLIER COUNTY LAND DEVELOPMENT CODE C. Drive- through establishments such as restaurants, banks, pharmacies, dry cleaning, and other drive - through establishments. d. Single -use "big box" establishments over 15,000 sq. ft. e. Automotive dealers (5511, 5521). f. Automotive repairs (7532 -7539, 7549). g. Boat dealers (5551). h. Carwashes (7542). i. Agricultural services (0711- 0783). j. Kennels and veterinary services (0752, 0279, 7948). k. Building material sales (5211). 1. Warehousing (4225). m. Communication towers. n. Bars, lounges, bottle clubs (5921, 5813). o. Convenience stores (5411). p. Sexually oriented businesses (as defined in Ordinance No. 91 -83). q. Laundromats (7215). r. Tattoo parlors (7299). S. Labor pools (7363). t. Homeless shelters or soup kitchens (8322 and 8361). U. Commercial parking lots (7521) shall not be permitted on parcels that have water access. V. Pawn shops (5932). W. Title loans (6541). X. Self and mini storage units (4225 - 4226). 2.2.33.8. Accessory uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within in this subdistrict are allowed unless otherwise prohibited in this subdistrict. 2. Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. 3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) subdistricts, as indicated on BMUD Map No. 1, may construct a dock provided the lots are under the same ownership and have been Supp. No. 11 LDC2:124.12 ZONING I k1�7." B91 2.2.33.11 approved by the planning services department director, a site develop- ment plan shall be submitted to the planning services department director. 2.2.33.9. Conditional Uses. The following uses are permitted as conditional uses in the subdistrict subject to the standards and procedures established in division 2.7.4. a. Child care centers and adult day care centers (8351). b. Churches and houses of worship (8661). 2.2.33.10. Outdoor display and sale of merchandise. The following regulations govern the outdoor display and sale of merchandise. 1. No automatic food and drinking vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site and must be architecturally integrated within the project site. 3. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: A. The outdoor display /sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. B. The outdoor display /sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provision will be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2. Location of saleldisplay of merchandise in relation to parking areas. 3. Fire protection measures. 4. Limited hours of operation from dawn until dusk. 5. Merchandise must be displayed in a vendor cart that comple- ments the architectural style of the building that it is accessory to. 6. Vendor carts located on sidewalks must afford a five -foot clearance for non - obstructed pedestrian traffic. 2.2.33.11. Dimensional standards. Supp. No. 12 LDC2:124.12.1 r 2.2.33.11.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.33.11.1. Minimum yard requirements. 1. Front yards —At five feet, 80 percent of the structure must be located at the required front setback line. In -fill projects may vary from this front setback line in order to keep a consistent front yard with adjacent exiting structures. 2. Side yards —Five feet, except when abutting the residential district then it will be 15 feet. 3. Rear yards -20 feet. 4. Waterfront -25 feet outdoor seating areas, canal walkway, water man- agement facilities, and landscaping area may be located within the required setback. 5. Buildings located on Bayshore Drive will have their first floor elevation level with the sidewalk. The first floor of the buildings must be utilized for commercial purposes. 6. Where possible buildings facing Bayshore Drive wrap around the corner as depicted on BMUD Figure 1. 7. To allow the maximum use of the waterfront, building placement on a lot can vary from the required setbacks, provided such variation is recom- mended by the CRA staff and the county architect and approved by the planning services department director. 2.2.33.11.2. Maximum density. For the residential component -12 units per acre as required by the future land use element of the growth management plan. 2.2.33.11.3. Minimum floor area. 700 square foot gross floor area for each building on the ground floor. 2.2.33.11.4. Maximum height of structures. 1. Commercial use buildings are limited to a maximum height of three stories or 42 feet above the sidewalk grade to the building eave. 2. Buildings containing only residential uses are limited to a maximum height of three stories or 42 feet above the sidewalk grade to the building eave. 3. Buildings containing mixed -use residential over commercial uses shall be limited to a maximum height of four stories or 56 feet above the sidewalk grade to the building eave. 4. The first floor of the building at the sidewalk level shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. Supp. No. 12 LDC2:124.12.2 5 9 1 ZONING 2.2.33.12 Buildings containing commercial or residential uses are required to a minimum depth of 35 feet from the front setback line on all floors. The remaining depth may be used for parking. 4 Residential Subdistrict I ' T Re BMUD Figure 1— Tvaical corner lot develoument 2.2.33.12. Parking standards. 1. Three spaces per 1,000 square feet of floor area open to the general public for commercial use 2. Minimum one parking space for each residential unit. 3. Outdoor cafe areas shall be exempt from parking calculations. 4. Access to the off - street parking facility must be from the local street unless restricted due to lot size. 5. Should the property owner develop on- street parking spaces on local streets within the same block of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. 6. On- street parking on local streets excluding Bayshore Drive requires an agreement with the county to use the public right -of -way for parking. Supp. No. 12 LDC2:124.12.3 2.2.33.12 COLLIER COUNTY LAND DEVELOPMENT CODE Angle or parallel parking (as depicted on BMUD Figure 2) is permissible based on the site development plan as approved by the planning services department and built to county standards. The property owner must agree to maintain that portion of the public right -of -way where the parking is located. 7. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (V) subdistricts, as indicated on BMUD Map No. 1, may be used for off-site parking provided the lots are under the same ownership, meet the standards of subsection 2.3.4.1.2.c.2. of this Code and have been approved by the planning services department director, a site develop- ment plan shall be submitted to the planning services department director. BMUD Figure 2— Typical on- street parking 8. On- street parking on Bayshore Drive shall be made available to the property owner on a first come first serve basis at the time of site development plan (SDP) or site improvement plan (SIP) approval pro- Supp. No. 12 LDC2:124.12.4 0911 ZONING 2.2.33.13.4 vided the parking does not interfere with the on- street bike lanes and is located within the block in which the block that the property it serves is located. Construction or renovation of any building must occur within 90 days of the SDP or SIP approval and be completed within six months of commencement in order to secure the on- street parking spaces. Due to circumstances beyond the control of the applicant the property owner may request an extension from the planning services director. These spaces must be used toward the fulfillment of the parking requirements set forth herein. 9. The off -site parking requirements of section 2.3.4.11 of the Code shall apply. Vehicular egress points may be located on local streets opposite residential homes provided they are within the Bayshore Mixed Use Overlay District. 10. Shared parking requirements shall be consistent with those provided in subsection 2.3.4.11.2.c. of the Code except that the planning services department director can approve or deny requests instead of the board of zoning appeals or planning commission. Shared parking spaces may be separated by Bayshore Drive provided the two properties are located within the BMUD. 2.2.33.13. Landscaping. As required by division 2.4 of this Code unless specified otherwise below: 2.2.33.13.1. Special buffer requirements for development areas contiguous to residentially zoned property. A 15 -foot wide landscape buffer area shall be required. This area shall include a six -foot high wall, fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in height at the time of planting. Landscaping shall be on the residential side of the wall. 2.2.33.13.2. Landscape buffer requirements for multifamily residential development adja- cent to single family residential property. A ten - foot -wide Type B landscape buffer with narrow canopies proportionate to the narrow buffer space shall be required. 2.2.33.13.3. Landscape buffer requirements where vehicular use areas abut the waterfront. A double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year shall be required. 2.2.33.13.4. Rear landscaping requirements for Neighborhood Commercial and Waterfront districts adjacent to the waterfront. A five -foot Type D landscape buffer with a canal walkway is required. The walkway shall be a minimum of six feet -wide and consist of an impervious surface walkway. Walkways must be designed Supp. No. 12 LDC2:124.13 2.2.33.13.4 COLLIER COUNTY LAND DEVELOPME T ` and located to provide an interconnection between adjacent properties wher- ever possible. Marinas may be exempted from this provision due to safety provisions if approved by the planning services director. 2.2.33.13.5. Landscape requirements for properties fronting Bayshore Drive. The intent is to integrate the right -of -way and building front with decorative pavement that is consistent with the Bayshore Beautification hardscape. Landscaping shall be consistent with the Bayshore Beautification Plan. 2.2.33.13.6. Landscape screening of mechanical equipment. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves or be screened with a three -foot high hedge, spaced three feet on center. 2.2.33.13.7. Landscape buffer requirements for marina development contiguous to residen- tially zoned property. A 20 foot -wide landscape buffer area is required. Such buffer must include a minimum six foot high wall, fence, berm, or combination thereof, a double row of trees spaced no more than 20 feet on center, and a double row of shrubs at least 24 inches height at time of planting. Landscaping shall be on the residential side of the wall. 2.2.33.14. Special provisions. 1. Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subject to sprinkler requirements but only from the potable water supply without require- ments for backflow protection. 2. Loading docks and service areas shall not be allowed on the frontage line. 3. All dumpsters must be located in the rear yard and not visible from Bayshore Drive. 2.2.33.15. Architectural standards. 1. All buildings shall meet the requirements set forth in division 2.8 unless otherwise specified below. 2. All buildings adjacent to Bayshore Drive will have the principal pedes- trian entrance fronting Bayshore Drive. 3. Thirty -five percent of the building facade that faces Bayshore Drive will be clear glass. 4. Clear glass windows between the height of three and eight feet above sidewalk grade are required on the primary facade of the first floor of any building. 5. Attached building awnings may encroach over the setback line by a maximum of five feet. 6. Neon colors shall not be used as accent colors. Supp. No. 12 LDC2:124.14 2.2.33.16. ZONING Signs. As required by division 2.5 unless specified below: 2.2.33.18 1. One wall sign shall be permitted for each single- occupancy parcel, or for each establishment in a multiple- occupancy parcel provided such sign does not exceed 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not exceed 65 square feet in area in area. 2. In addition, hanging or projection signs are permitted provided such signs do not exceed six square feet, and shall not project more than four feet from the building on which the sign will be attached. The sign shall be elevated to a minimum of eight feet above any pedestrian way and shall not exceed a height of 12 feet. 3. No freestanding signs shall be permitted. 4. In addition, the vertical drip of an awning may be stenciled with letters no more than eight inches in height and not to exceed one -third of the length of the canopy. 5. Parcels adjacent to the waterfront may have one additional sign to be placed on the facade which faces the waterfront provided it meets all of the above requirements. 6. Corner buildings or corner units within multiple tenant buildings may have one additional wall sign provided both signs are not placed on the same wall. 7. No internally lit cabinet signs shall be permitted. 8. Properties that are located in the waterfront subdistrict (W) and are located adjacent to the Haldeman Creek Bridge are allowed one pole sign not to exceed 65 square feet in area. The pole signs shall not be internally lit. Pole signs shall be architecturally compatible with the building it serves. 2.2.33.17. Waterfront subdistrict. The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. 2.2.33.18. Permitted uses: a. All uses permitted within the Neighborhood Commercial subdistrict are permitted. supp. No. 13 LDC2:124.15 77A ,. �a 2.2.33.18 COLLIER COUNTY LAND DEVELOPMENT CODE b. Marinas. (Group 4493, except all repair and storage of boats must be conducted in an covered area or area internal to the site.) Boats available for rental purposes shall be located in the water or properly screened from the roadways. 2.2.33.19. Conditional uses Marina. a. Fuel facilities (if permitted, the fueling station canopy must be architec- turally consistent with the building design.) 2.2.33.20. Special conditions for marinas: a. Repair and storage areas shall not be visible from the local street. b. Boats available for rental purposes shall be located in the water or properly screened from the local roadways and not visible from Bayshore Drive. C. All boat racks shall be enclosed. d. Height of structures may be increased to a maximum height of 50 feet by the board of zoning appeals (BZA) upon approval of a variance petition. The BZA, in addition to- the findings in section 2.7.5, shall consider whether or not the literal interpretation of the provisions of this Code imposes a financial hardship on the applicant. e. Outdoor displays of new boats for sale on properties fronting Bayshore Drive shall be limited to the following: 1. All areas used for new boat sales activities shall occupy no more than 35 percent of the linear frontage of the property. 2. All boat sale activities are limited to new boat sales. 3. All new boat sale areas shall not be closer to the frontage line than the primary building they serve unless it is otherwise recommended by the CRA staff and administratively approved by the planning services department director. 4. All new boats located within an outdoor sale area shall not exceed the height of 17 feet above existing grade. 5. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. 6. An additional landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum 14 -foot high trees, spaced at 30 feet on center and a three -foot high double row hedge spaced at three feet on center at the time of planting. Supp. No. 13 LDC2:124.16 ZONING 2.2.33.22.1 f. Outdoor displays of boats on properties fronting Haldeman Creek shall be limited to the following: 1. All areas used for boat sales shall utilize no more than 50 percent of the linear frontage of the property. 2. All boat sale areas shall be no closer to the frontage line than the primary building they serve unless it is otherwise recommended by the CRA staff and approved by the planning services department director. 3. All boats located within outdoor sales areas shall not exceed a height of 35 feet above the existing grade. Sailboat masts are exempt from this limitation. 4. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. 5. An additional landscape buffer is required around the perimeter of the outdoor sales area. This buffer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a three -foot high double row hedge spaced at three feet on center at the time of planting. 2.2.33.21. Parking 1. Parking requirements are the same as those set forth in the Neighbor- hood Commercial subdistrict. 2. Marinas —One parking space per five dry boat storage spaces. 2.2.33.21.1. On -site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach on residential developments. 2.2.33.22. Residential subdistrict 1 (R1). The purpose of this subdistrict is to encourage the development of multifamily residences as a transitional use between commercial and single - family development. The multifamily buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. 2.2.33.22.1. Permitted uses. The following uses are permitted as of right. a. Single - family dwellings. b. Two - family dwellings. C. Townhouses. d. Multi - family dwellings. Supp. No. 13 LDC2:124.17 2.2.33.22.2 2.2.33.22.2 2.2.33.22.3 2.2.33.22.4. 2.2.33.22.5. r L COLLIER COUNTY LAND DEVELOPMENT CODE Uses accessory to permitted uses. 1. Uses and structures that are accessory to and incidental to the uses permitted as of right. 2. Private docks and boathouses subject to section 2.6.21 and 2.6.22. Conditional uses. The following uses are permitted as conditional uses in this subdistrict for lots that are adjacent to the waterfront. 1. Bed and breakfast lodging facilities subject to the following requirements: a. A site development plan pursuant to division 3.3. b. Minimum number of guest rooms or suites is two with a maximum number of six. Guest occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms for guest occupancy shall be 100 square feet. C. No cooking facilities shall be allowed in guest rooms. d. Separate toilet facilities for the exclusive use of guests must be provided. At least one bathroom for each two guestrooms shall be provided. e. All automobile parking areas shall be provided on -site based upon a minimum of two spaces plus one space for each two bedrooms. All other applicable provisions of this Code relative to parking facilities shall apply. f. One sign with a maximum sign area of four square feet containing only the name of the proprietor or name of the residence. Sign lettering shall be limited to two inches in height and shall not be illuminated. g. An on -site manager is required. h. The facility shall comply with all business license, certifications, and health laws of Collier County and the State of Florida. Minimum lot width: Single - family: 50 feet Two - family: 50 feet Townhouses 25 feet Multi-family 100 feet R -1 yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. Supp. No. 13 LDC2:124.18 2.2.33.22.6 2.2.33.22.7. 2.2.33.22.8. ZONING 16(1)1 L&-" 2.2.33.22.10 *Shall be ten feet from the property line to the building footprint. Minimum floor area: 750 square feet per unit. Maximum height of structures: (Measured from Federal Emergency Manage- ment Agency (FEMA) to building ease) 1. Principal structures. Three habitable floors or a measure of 40 feet. 2. Accessory structures. 15 feet except for screen enclosures, which may be the same height as the principal structure but in no event greater than 35 feet. Minimum off - street parking. 1. Minimum off - street parking is one space per dwelling unit. 2. There shall be no visible parking area from the frontage road. 2.2.33.22.9. On- street parking requirements. (Reserved.) 2.2.33.22.10. Building placement and design. Buildings and their elements shall adhere to the following: (See BMUD figure 4): 1. Buildings shall be divided using articulation and/or modulation at least every 80 feet. Facade modulation is stepping back or extending forward a portion of the facade at least six feet measured perpendicular to the front facade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. 2. The primary residence shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. Supp. No. 13 LDC2:124.19 Front Yard At* Min. Side Yard Min. Rear Yard One (single) family 10 feet dwelling 712 feet unless abut- 15 feet units ting commercial property, then 5 feet Two family dwell- 10 feet 5 feet unless abut- 15 feet ing units ting single - family unit, then 7.5 feet Townhouse 10 feet 0 feet when abut- 15 feet ting another townhouse, if not then the same stan- dards as a two fam- ily dwelling unit Multiple family 10 feet 5 feet unless abut- 15 feet (three or more) ting single family dwelling units unit then 7.5 feet *Shall be ten feet from the property line to the building footprint. Minimum floor area: 750 square feet per unit. Maximum height of structures: (Measured from Federal Emergency Manage- ment Agency (FEMA) to building ease) 1. Principal structures. Three habitable floors or a measure of 40 feet. 2. Accessory structures. 15 feet except for screen enclosures, which may be the same height as the principal structure but in no event greater than 35 feet. Minimum off - street parking. 1. Minimum off - street parking is one space per dwelling unit. 2. There shall be no visible parking area from the frontage road. 2.2.33.22.9. On- street parking requirements. (Reserved.) 2.2.33.22.10. Building placement and design. Buildings and their elements shall adhere to the following: (See BMUD figure 4): 1. Buildings shall be divided using articulation and/or modulation at least every 80 feet. Facade modulation is stepping back or extending forward a portion of the facade at least six feet measured perpendicular to the front facade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. 2. The primary residence shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. Supp. No. 13 LDC2:124.19 Ito. t 2.2.33.22.10 COLLIER COUNTY LAND DEVEL MENT CODE 3. On corner lots, both street facades of a building shall have complemen- tary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. 4. All mechanical equipment must be screened with a three -foot high hedge spaced three feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. 5. Stem wall construction is required, no monolithic construction is allowed. 2.2.33.22.11. Elevation. Buildings shall adhere to the following elevation requirements: 1. The first habitable floor at the street facade may not be greater than one foot over the minimum first floor elevation designated in the National Flood Insurance Program by the Federal Emergency Management Agency (FEMA). A maximum of 40 percent of the first habitable floor may be greater than one foot over the FEMA - designated minimum first floor elevation. 2. Open stilt -type construction is not permitted. On front yards, the facade area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. 3. The garage floor shall not exceed 24 inches above the elevation of the right -of -way from which it is accessed. 2.2.33.22.12. Front porches. Front porches that adhere to the following standards may encroach seven feet into the front yard setback, with an additional three -foot encroachment allowable for entry stairs. 1. Front porches must cover a minimum of 40 percent of the horizontal length of the front yard facade of the primary residence. 2. Front porch design and material shall be consistent with the architec- tural design and construction material of the primary residence. 3. Front porches shall not be air- conditioned nor enclosed with glass, screen, or other material. 4. Second -story porches are encouraged, but no enclosed room is permitted above the front porch. 2.2.33.22.13. Garages and driveways. 1. The rear setback may be reduced to ten feet if a front - access garage is constructed on the rear of the residence. 2. Garage doors shall have a maximum width of 16 feet. 3. Only one driveway is allowed per 50 linear feet of front property line. The driveway shall have a maximum width of 18 feet in the right -of -way area. Supp. No. 13 LDC2:124.20 16(11. 09 ZONING 2.2.33.22.16 4. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. 5. Garages shall be recessed a minimum of three feet behind the front facade of the primary residence. 6. No carports are permitted. 2.2.33.22.14. Accessory units. An accessory unit is a separate structure located at the rear of the property and related to the primary residence for uses which include, but are not limited to: Library studio, workshop, playroom, or guest quarters. Ownership of an accessory unit shall not be transferred independently of the primary residence. The following regulations regarding accessory units apply: 1. Only one accessory unit is permitted per principal structure. 2. The maximum area of an accessory unit is 550 square feet, limited to one habitable floor. 3. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight feet in width. 4. The maximum height of a structure containing a guest unit over a garage is limited to 18 feet, measured from the level of graded lot to the eave, and with a maximum overall building height of 24 feet to the top of the roof. A structure containing only a guest unit is limited to one story and ten feet, measured from the FEMA first habitable floor height requirement to the eave, with a maximum overall building height of 16 feet to the top of the roof. 5. For purposes of calculating density, an accessory unit will count as one -half a dwelling unit. 2.2.33.22.15. Density. Maximum 12 units per acre, or as consistent with the future land use element of the growth management plan. 2.2.33.22.16. Fencing standards. Fencing forward of the primary facade of the structure is permitted subject to the following conditions: 1. The fence does not exceed four feet in height. 2. The fence is not opaque but provides an open view. 3. Chain link fence is prohibited. 4. The fence material shall be wood, vinyl, or iron. 5. A masonry wall is permitted and shall not exceed three feet in height. Supp. No. 13 LDC2:124.21 9 16 1 %4 B 2.2.33.22.16 COLLIER COUNTY LAND DEVELOPMENT CODE 6. Fencing and walls must architecturally complement the primary struc- ture as determined by the CRA staff and the planning services depart- ment director. BMUD Figure: 3— Permitted Tvaical Fencin 2.2.33.23. Residential subdistrict 2 (R2). The purpose of this subdistrict is to encourage the development of multifamily residences as transitional uses between commercial and single - family development. The multifamily buildings shall be compatible with the building patterns and facade articulation of traditional neighborhood design. Development standards for the subdistrict are the same as those set forth for the Residential subdistrict 1, unless set forth below. 2.2.33.23.1. 2.2.33.23.2. R -2 yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. *Shall be 25 feet from the property line to the building footprint. Conditional uses. The following uses are permitted as conditional uses in this subdistrict. 1. Bed and breakfast lodging facilities subject to the following requirements: a. A site development plan pursuant to division 3.3. Supp. No. 13 LDC2:124.22 Front Yard At* Min. Side Yard Min. Rear Yard One (Single) Fam- 25 feet 7.5 feet 15 feet ily Dwelling Units Two Family Dwell- 25 feet 6 feet unless abut- 15 feet ing Units ting single family unit, then 7.5 feet Townhouse 25 feet 6 feet unless abut- 15 feet ting single family unit, then 7.5 feet Multiple Family 25 feet 6 feet unless abut- 15 feet (Three or more) ting single family Dwelling Units junit, then 7.5 feet *Shall be 25 feet from the property line to the building footprint. Conditional uses. The following uses are permitted as conditional uses in this subdistrict. 1. Bed and breakfast lodging facilities subject to the following requirements: a. A site development plan pursuant to division 3.3. Supp. No. 13 LDC2:124.22 6(11*' 99 ZONING 2.2.33.24.2 b. Minimum number of guest rooms or suites is two with a maximum of six. Guest occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms for guest occupancy shall be 100 square feet. C. No cooking facilities shall be allowed in guest rooms. d. Separate toilet facilities for the exclusive use of guests must be provided. At least one bathroom for each two guest rooms shall be provided. e. All automobile parking areas shall be provided on -site based on a minimum of two spaces plus one space for each two bedrooms. All other applicable provisions of this Code relative to parking facilities shall apply. f. One sign with a maximum sign area of four square feet, containing only the name of the proprietor or name of the residence. Sign lettering shall be limited to two inches in height and shall not be illuminated. g. An on -site manager is required. h. The facility shall comply with all business license, certifications, and health laws of Collier County and the State of Florida. 2.2.33.24. Residential Neighborhood Commercial subdistrict (RNQ. The purpose and intent of this subdistrict is to allow limited home occupational businesses. Home occupation in section 2.6.20 of the Code, shall apply unless specified otherwise below. Development standards for the subdistrict are the same as those set forth for the residential subdistrict 2, unless otherwise set forth below. 2.2.33.24.1. The home occupations permitted include: Accounting (8721), auditing and bookkeeping services (8721), barber shops and beauty salons (7231 except beauty culture schools, cosmetology schools, or barber colleges), engineer or architectural services (8713, 8712, 8711), insurance agents and brokers (6411), legal services (8111), and real estate agents (6531 except manufactured home brokers, on -site; housing authorities, operating). 2.2.33.24.2. The home occupation shall be clearly incidental to and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling unit. The following conditions shall be met: 1. There shall be a minimum of one residential dwelling unit. 2. The resident of the home shall be the owner and operator of the home occupation. 3. The home occupation shall not occupy more than 30 percent of the primary residential structure. Supp. No. 13 LDC2:124.23 F " 2.2.33.24.2 COLLIER COUNTY LAND DEVELOP D 4. The home occupation shall not employ more than two employees at any given time. 5. One wall sign shall be permitted provided it does not exceed six square feet in area, and shall not project more than four feet from the building on which the sign is attached. 6. A total of two parking spaces shall be provided for clients or customers. Two additional parking spaces shall be provided for employees, if any. The required parking area or areas shall not be located in the front yard of the residence. 7. Parking areas shall consist of a dust free surface such as: Mulch, shell, or asphalt. A single row hedge at least 24 inches in height at the time of planting shall be required around all parking areas. 8. There shall be no additional driveway to serve such home occupation. 9. There shall not be outdoor storage of materials or equipment used or associated with the home occupation. 2.2.33.25. Reserved. BMUD Figure 4— Typical front elevation residential development 5upp. No. 13 LDC2:124.24 Fiala Halas 6(/)l g "�' 0 Henning Coyle col.Ui*UNTY CITIZENS CORPS ADVISORY COMMITTEE Meeting of August 21, 2003 Meeting was called to order by Carol Pahl, Chairperson and was held at the American Red Cross Chapter House. Voting members present: Capt. Scott Salley, Collier County Sheriff's Office James Elson„ Collier County Veterans Council Charles Graves, Greater Naples Chamber of Commerce Carol Pahl, CERT Deborah Horvath, American Red Cross Walter Jaskiewicz, Coast Guard Auxiliary Tom Kuznar, Civil Air Patrol Nelda Miller, CERV Robert Rohland, Salvation Army Absent: Gerald Sugarman, RSVP — Represented by Sharon Downey Chief Donald Peterson, Collier Fire Chiefs Association Minutes of June 19, 2003 approved. Jim von Rinteln, Threat Update: Current update handed out. Current focus is on Hurricane Season. Grants: On schedule with the Citizens Corps Grant. Walter Jaskiewicz, Coast Guard Auxiliary: Marco Coast Guard Auxiliary hosted a seminar on Securing Your Boat in a Hurricane. Seminar was done in response to the number of calls we received from people wanting to know "what do I do with my boat in a hurricane ? ". A power point presentation and a brochure with a great deal of informative information was used. There are a lot of new people who have moved in and don't know what to do with their boat in a hurricane. The newspaper covered the seminar and those seasonal residents who receive the paper up north, have been calling me and Emergency Management for more information. Received 61 calls at my house for the brochures, which I passed on to Jim at Emergency Management. The grant funds enabled the printing and mailing of this information. Marlene Foord, Grants Update: Reminded members to use the materials purchased with grant funds to be sure to use them for Citizens Corps or Emergency Management related activities. Capt. Salley introduced Cmdr. Nancy Reed, Collier County Sheriff's Office. :.._�l.tl°L Cmdr. Reed asked for ideas on expanding the public's awareness of the Reentry Program. One suggestion was to have the larger real estate companies include reentry information in the info packets most already give out to their clients. The smaller realty companies most likely do not have the manpower to this. Cmdr. Reed will explore this possibility. Capt. Salley gave a brief presentation on the Collier County Sheriff's Office and stressed that the Sheriff's Office needs the support of the community to combat both crime and the threat of terrorism. A handout was provided giving a brief history of the Sheriff's Office and it's duties. A short film was also shown and members questions answered. Discussion on meeting schedule. Proposal make to meeting every second month, seconded and approval voted. Next meeting will be in October 16, 2003. Motion & second and vote to adjourn meeting. Following the meeting, the committee toured the Red Cross facility. 2 y Citizen Corps Advisory Committee Agenda August 21, 2003 3:00 Pledge of Allegiance - Opening Remarks -Roll Call 3:10 Approval of Minutes 3:20 Threat Update 3:30 New Business • Preparedness issues • DCA Grant Status 3:45 11 Chairman Chairman Emergency Management Chairman/EM Old Business Chairman • Grants Update — Marlene Ford, Collier County Grant Coordinator Collier County Chapter ARC Deborah Horvath, Executive Director, Collier County American Red Cross 4:30 Next Meeting/Adjourn Chairman ( September 18, 2003) �yt y 16(11 SHERIFF DON HUNTER - COLLIER COUNTY 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112 (239) 774 -4434 www.colliersheriff.org 'Blp The county seat and the establishment of the sheriff's office was formally created on July 7,1923. Previously a part of Lee County, Collier County became one of the largest counties in the Eastern United States incorporating 1,276,160 acres. The first Sheriff of Collier County was W.R. Maynard and he was appointed in 1923. The chronological list of Collier County Sheriffs is as follows: W.R. Maynard 1923 -28 Lewis J. Thorpe 1928 -53 Roy Atkins 1953 -57 E.A. Doug Hendry 1957 -75 Aubrey Rogers 1975 -89 Don Hunter 1989- Present The Collier County Sheriff s Office (CCSO) has grown from a single Sheriff in 1923 to a very progressive law enforcement agency that has a current membership of 1123 appointees. This membership includes three internal disciplines: Law enforcement, corrections and civilian. The role of the CCSO has radically changed in design and objectives since its inception. However, the unworn mission for the perseverance of a safe and secure community has not been altered during this entire time. The myriad of threats that could potentially be used against our citizenry are numerous, and the perpetual preparation required to offset these variable threats remain an expected daily exercise for the Collier County Sheriff's Office. Some of the areas within the CCSO that support the comprehensive plan for controlling and even lowering (calendar year 2002) criminal activities in this county. A partial list of the different types of special teams, units and bureaus are: Aviation Marine Agriculture Crime scene (forensics) SWAT (Special Weapons and Tactics) "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112 (239) 774 -4434 www.colliersheriff.org Community Policing Gang Enforcement Youth Relations Communications This list is only a partial sampling of the many "teams" who work together to deter crime in our county. It should be recognized that there are many other individuals and teams who are equally important, but were not mentioned in this brief summary. Also, since the terrorist attack on September 11, 2001, the CCSO has been directly involved with the Regional Domestic Security Task Force. The headquarters for the Southwest Florida RDSTF is located in Fort Myers, Florida. Training on the many types of Weapons of Mass Destruction including biological, nuclear, incendiary, chemical and explosive have been provided to many of the Deputies. Terrorism Awareness and Response Training (T.A.R.T.) was encouraged by Florida's Governor Jeb Bush and mandated by Sheriff Hunter. Topics include: concerns for public safety, citizen safety from suicidal fanaticism, cultural, ethnic, and societal differences, plus WMD. Intelligence gathering is a major component for the defense of our country from radical organizations. The US Patriot Act of 2002 has empowered the Congress to create a web of eight (8) electronic crime task forces across the country which is modeled after the Secret Service / New York Office. Computer - related crime has the propensity for immediate expansion and is a global concern. Communications include computer -aided dispatch (CAD), records management systems (RMS) and mobile data (computer in patrol cars). EMS, Fire and law enforcement is dispatched from the Communications Center located in the main Sheriff's Office (Gov't Complex). Incident Command Systems (ICS) training is taught to all certified law enforcement and correctional members. The incident Commander's main objective is to stabilize the incident. To accomplish stabilization, the Incident Commander is responsible for the placement of resources, personnel and decision making at major scenes. Advanced ICS courses will begin for all certified Deputies in September 2003. Video: 3 Minutes Questions and Answers. "The, duty of the Collier County Sheriff's Office is to presence and orotecl the lives, property and constitutional guarantees of all persons.' �� . t �I s 6 1 fr V g' s0 SHERIFF DON HUNTER -COLLIER COUNTY 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112 (239) 774 -4434 www.colliersheriff.org Community Policing Gang Enforcement Youth Relations Communications This list is only a partial sampling of the many "teams" who work together to deter crime in our county. It should be recognized that there are many other individuals and teams who are equally important, but were not mentioned in this brief summary. Also, since the terrorist attack on September 11, 2001, the CCSO has been directly involved with the Regional Domestic Security Task Force. The headquarters for the Southwest Florida RDSTF is located in Fort Myers, Florida. Training on the many types of Weapons of Mass Destruction including biological, nuclear, incendiary, chemical and explosive have been provided to many of the Deputies. Terrorism Awareness and Response Training (T.A.R.T.) was encouraged by Florida's Governor Jeb Bush and mandated by Sheriff Hunter. Topics include: concerns for public safety, citizen safety from suicidal fanaticism, cultural, ethnic, and societal differences, plus WMD. Intelligence gathering is a major component for the defense of our country from radical organizations. The US Patriot Act of 2002 has empowered the Congress to create a web of eight (8) electronic crime task forces across the country which is modeled after the Secret Service / New York Office. Computer - related crime has the propensity for immediate expansion and is a global concern. Communications include computer -aided dispatch (CAD), records management systems (RMS) and mobile data (computer in patrol cars). EMS, Fire and law enforcement is dispatched from the Communications Center located in the main Sheriff's Office (Gov't Complex). Incident Command Systems (ICS) training is taught to all certified law enforcement and correctional members. The incident Commander's main objective is to stabilize the incident. To accomplish stabilization, the Incident Commander is responsible for the placement of resources, personnel and decision making at major scenes. Advanced ICS courses will begin for all certified Deputies in September 2003. Video: 3 Minutes Questions and Answers. "The, duty of the Collier County Sheriff's Office is to presence and orotecl the lives, property and constitutional guarantees of all persons.' �� . a SHERIFF DON HUNTER - COLLIER COUNTY 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112 (239) 774 -4434 www.colliersheriff.org 0, The county seat and the establishment of the sheriff's office was formally created on July 7,1923. Previously a part of Lee County, Collier County became one of the largest counties in the Eastern United States incorporating 1,276,160 acres. The first Sheriff of Collier County was W.R. Maynard and he was appointed in 1923. The chronological list of Collier County Sheriffs is as follows: W.R. Maynard Lewis J. Thorpe Roy Atkins E.A. Doug Hendry Aubrey Rogers Don Hunter 1923 -28 1928 -53 1953 -57 1957 -75 1975 -89 1989 - Present The Collier County Sheriff's Office (CCSO) has grown from a single Sheriff in 1923 to a very progressive law enforcement agency that has a current membership of 1123 appointees. This membership includes three internal disciplines: Law enforcement, corrections and civilian. The role of the CCSO has radically changed in design and objectives since its inception. However, the unworn mission for the perseverance of a safe and secure community has not been altered during this entire time. The myriad of threats that could potentially be used against our citizenry are numerous, and the perpetual preparation required to offset these variable threats remain an expected daily exercise for the Collier County Sheriff's Office. Some of the areas within the CCSO that support the comprehensive plan for controlling and even lowering (calendar year 2002) criminal activities in this county. A partial list of the different types of special teams, units and bureaus are: Aviation Marine Agriculture Crime scene (forensics) SWAT (Special Weapons and Tactics) "The duty of the Collier County sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." r'. �H pc'sn� E SHERIFF DON HUNTER • COLLIER COUNTY 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112 (239) 774 -4434 www.colliersheriff.org Community Policing Gang Enforcement Youth Relations Communications 6 (, 0o "S 11 This list is only a partial sampling of the many "teams" who work together to deter crime in our county. It should be recognized that there are many other individuals and teams who are equally important, but were not mentioned in this brief summary. Also, since the terrorist attack on September 11, 2001, the CCSO has been directly involved with the Regional Domestic Security Task Force. The headquarters for the Southwest Florida RDSTF is located in Fort Myers, Florida. Training on the many types of Weapons of Mass Destruction including biological, nuclear, incendiary, chemical and explosive have been provided to many of the Deputies. Terrorism Awareness and Response Training (T.A.R.T.) was encouraged by Florida's Governor Jeb Bush and mandated by Sheriff Hunter. Topics include: concerns for public safety, citizen safety from suicidal fanaticism, cultural, ethnic, and societal differences, plus WMD. Intelligence gathering is a major component for the defense of our country from radical organizations. The US Patriot Act of 2002 has empowered the Congress to create a web of eight (8) electronic crime task forces across the country which is modeled after the Secret Service / New York Office. Computer - related crime has the propensity for immediate expansion and is a global concern. Communications include computer -aided dispatch (CAD), records management systems (RMS) and mobile data (computer in patrol cars). EMS, Fire and law enforcement is dispatched from the Communications Center located in the main Sheriffs Office (Gov't Complex). Incident Command Systems (ICS) training is taught to all certified law enforcement and correctional members. The incident Commander's main objective is to stabilize the incident. To accomplish stabilization, the Incident Commander is responsible for the placement of resources, personnel and decision making at major scenes. Advanced ICS courses will begin for all certified Deputies in September 2003. Video: 3 Minutes Questions and Answers. "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." r- 16(1;" 810 Co��ier c o-yv�.t3 citizen OrIDS Florida 16(r�l Bi o Your Boat and Hurricanes in Collier County, Florida � .. 1:0 Recommendations to protect your boat against hurricane damage Contents General Hurricane Information ............ . . . . . . . . 2 Stage One: Inspecting your boat when you buy it ... , .... , , , 4 Stage Two: Preparing your boat before the hurricane season 5 Stage Three: Securing your boat for hurricanes ........... 10 Stage Four: Recovering your boat after hurricanes ........ 14 Boat Owners Severe Weather Worksheet ................ 16 Index ........... General Hurricane Information ......................... 19 This booklet Is designed as an aid to the user. Although care has been taken in the preparation of this booklet, the Preparers do not accept any responsibility, or liability for any errors, omissions, or consequences ensuing from the use of, or reliance upon, the information contained herein. noaEs aamaged in Collier County when Andrew passed by in 1992. i �1Q 16(t) Your Boat and Hurricanes in Collier County, Florida Nestled on the southwest corner of the peninsula of Florida, Collier County is precariously positioned for hurricane onslaught. Because of its proximity to the shallow Gulf of Mexico, its inland waterways, and profusion of land slightly above sea level, Collier County is vulnerable to hurricanes. Hurricanes approaching from the south or west pose the greatest danger because of storm surge. The ravaging wind and torrential rain combined with rapidly rising waters can devastate our tropical paradise. Boats are especially vulnerable as the geography offers little protection. Vessels are lifted above their docks by high water, immersed in the muck of the floor of a waterway by vanished water, flooded by drenching rainfall, have their seams and hatches opened by relentless wind, and are tossed around on their mooring lines by driving, shifting gales. After the hurricane, looters find boats are prime targets, and protecting boats has low priority by law enforcement officials when lives are at risk. Preparing your boat for severe weather requires attention in three stages: when you 2 A storm surge can combine with normal high tides to overcome low -lying land and breakwaters. buy your boat, when securing your boat before returning north in the Spring, or before• the hurricane season begins in June, and prior to the arrival of a hurricane. Also, certain procedures are necessary subsequent to the visit of a hurricane. These recommendations are detailed below. Remember: human life is more valuable than any boat. While hurricanes may have winds up to 200 mph they also may cloak tornadoes, ten to twenty foot storm surges, rising sea levels, increased tides, towering waves, and rain falling over two or three inches per hour. All of these elements threaten boats. When a severe storm approaches, boaters should monitor weather reports to determine the extent of threat to local areas. The right side of a hurricane is its most potentially dangerous section, thus the path of the eye of the hurricane is of critical importance. Also the distance from the center of the hurricane and the category of the storm are vitally important. A nearly direct impact of a severe storm will bring extremes of water levels. During Hurricane Donna in 1960, Naples Bay was drained of water. Indeed, if one was so foolish to be out during the storm, one could have walked across the damp bottom of the bay. Boats sat in the sediment on the bottom of the waterway. As the hurricane passed, storm surge from the Gulf rose over much of Naples, lifted many boats from their moorings and threw them against the bridge over the Gordon River. Other boats were later found festooned in mangrove swamps in the county. The best protection for boats in Collier County is a well prepared hurricane plan. Marine facilities, marine - related service organizations and insurance companies expect boat owners to take the time and effort to plan necessary actions to secure and protect their vessels. This publication is a guide to assist boaters in developing a plan for their boats. Thoughtful preparation and delivery of a good plan for boats in a hurricane will allow boaters to attend to all the other details necessary to protect their family and property during a hurricane. This guide is divided into four parts: Stage One addresses the needs of the new boat buyer considering aspects of the boat in hurricane preparedness. Stage Two addresses specific needs of the boat owner in preparing his boat for storage when he returns north, or prior to the hurricane season. Stage Three addresses specific needs just prior to the arrival of a hurricane. Stage Four outlines what to do with your boat after a hurricane. The Marine Industri Association of Collier County, Inc., and the Collier County Emergency Management Department wish to thank the following for their assistance in supplying information, photographs, and/or assistance in preparing this guide. 3 These boats were left beached by Hurricane Hugo. Scale Category Wind 74 - 95 mph 2 96 - 110 mph 3 111 - 130 mph 4 131- 155 mph 5 156+ mph Hurricanes are classified by wind strength known as the Saff r /Simpson Scale. D.H. Pascoe & Co., Inc., Marine Smith, Lesher Marine Insurance Turner Marine Williams Marine Construction Randall Ward Consulting Sea Grant Pat Laudano/Royal Yacht Services Metro -Dade Office of Emergency Management U.S. Coast Guard Auxiliary Naples Power Squadron +O� STAGE ONE: Inspecting your boat when you buy it When buying a boat a wise customer will examine the vessel for potential problems during a hurricane. A little extra time spent inspecting the proposed purchase will bring more satisfaction after ownership is transferred to the happy boater. Consider the following items when examining the boat you want to buy. Anchors —Be sure your anchors are of the proper size and type for your boat. Lines _Lines for your boat should be of proper size, in good condition, and with sufficient chafing gear. Cleats _Examine the cleats for size. Small cleats may pinch lines. If cleats are small, ensure adequate backup cleats. _Check how the cleat is attached. Are the plates on the under -side adequate in size? Fiberglass or aluminum are good materials for back up plates. Bolts should be stainless steel. Pulpits _Examine pulpits for sharp edges on the underside. Sharp edges should be rounded over to avoid having lines sliced under stress of hurricane conditions. Dock mooring chocks _Examine mooring chocks for sharp edges that can quickly separate lines. Check how the mooring chocks are attached. They should be bolted through back plates. Trailers 4 _Be sure your tow vehicle is capable of properly and safely moving your trailer. _Tires, bearings and axles should be in good condition on your trailer. _Check the wiring for the brake and running lights. nt ui aminkm ateel hack- W plate Insurance _Obtain or update your insurance policy to cover the new boat. _Ask your insurance agent of the insurance company's procedure for handling a claim. 16(11 '!810 STAGE TWO: Preparing your boat before the hurricane season Many Collier County boaters are not resident in Florida during the hurricane season. These boaters should take the following precautions before leaving for their northern homes. Year -round residents should follow the suggestions below prior to the arrival of the hurricane season in June. Obtain county "Reentry Decal' to enter area After a hurricane access to the stricken areas will be limited for safety and security purposes. To gain access to your boat visit your local law enforcement sub - station to obtain reentry decals which will allow you to enter the area where your boat is secured. Follow instructions as to the placement and use of the identification on your vehicle. Identify local emergency frequencies The National Weather Service has a Collier County weather alert station at 162.525mhz. The Lee County NOAA frequency is 162.475mhz. The Weather Channel is on Cable Channel 32 and the NOAA Weather Channel is on Cable Channe153. Develop a plan _Create a plan of action for securing your boat. Decide whether you will a) remove your boat from the storm area to a previously identified safe haven; b) secure your boat in the marina; c) secure your boat at your dock; d) move your boat to previously identified safe anchorage; e) leave your boat in dry storage. _Give a copy of your plan to a friend or family member to complete if you are unavailable. _Keep a copy of your plan aboard your boat and at home. 5 Boats damaged in a storage facility by Hurricane Andrew. Establish an alternate skipper if you are not available to move your boat. Give a copy of your plan to the alternate skipper. ,Establish when your plan will become effective, i.e. 72 hours before hurricane arrival, 48 hours, etc. _Check your lease or storage rental agreement with the marina or storage management. Be familiar with your responsibilities and liabilities as well as those of the marina or storage facility. _Determine the plan of adjacent boats. A cooperative plan will benefit all boats. — Practice preparing the boat for severe weather so you know how long it will take and how difficult it will be when the emergency is declared. Remember that in an emergency assistance may not be available to help prepare. Inspect marina _Determine if slip width is adequate to allow for tides that may rise or fall 10 feet. _Pilings should be 6 feet above the gunwale. _Check that pilings are full -size and driven. _Check if your boat can be tied facing a westerly wind. _Check the mooring of adjacent boats for proper placement, size and strength. Look for places where your boat can be cross -tied or if anchors will be needed to supplement lines. _Determine if the marina has a hurricane preparedness plan and what you can expect from the marina in event of an approaching hurricane. Be familiar with your responsibilities and liabilities as well as those of the marina or storage facility. Develop plan with adjacent canalfront boating neighbors If your property fronts a canal with other property owners you may want to establish a plan with the other owners for securing your boats. _ Obtain permission from property owners to cross tie your boat across the canal. tying will be all 2d. Boat leO upper ends of canals will need to be cross tied before those in the middle or the exiting end of the canal. _Learn the safest methods for cross - tying your boat in a canal. Ensure your neighbors are also informed on the best ways to cross -tie, especially those nearest the bay. This boat was damaged by being slammed against the piling at its dock. Docks and pilings _Ensure piling height is 6 feet above the gunwale. Short pilings may allow boats to rise above them and become impaled on the pilings. -___H the docks are wooden, look for alternative places to tie your boat (such as large trees). - _Preventers should be installed at the top of pilings so lines cannot slip off the top. _Ensure cleats on concrete sea walls are well attached. ._.Canal docks should have one piling _Determine the sequence that cross- each fore and aft on the water side 0 so the boat is between the dock and the outer pilings. These will help fend off boats that have broken loose and will also protect your boat from battering the dock. Davits and lifts Boats stored on lifts are especially vulnerable during a hurricane to two factors besides the wind, storm surge and rainfall. Storm surge can be as much as 10 feet, which can be higher than your boat can be raised. Also rain falling at a rate of one to three inches an hour can quickly fill your boat with water causing structural collapse of your lift/davit. It is not recommended to leave your boat in davits or lifts. Alternate refuges In southwest Florida there are alternate refuges available. _Look for a well - protected, inland canal, inlet, river with substantial docks or sturdy objects (like palm trees or large rocks) to which you can tie your boat. _Consider how far inland you want to go, how long it will take to go there, and obstacles or restrictions to getting there. Consider tidal restrictions to navigation. _Plan your move well in advance of hurricane season. Rehearse the move to your alternate refuge. Time how long it takes to arrive. _Obtain permission of the property owner to use their property for ,tying up. Collecting records _Collect all the records your boat will need and place them in a 7 .1 f. (11011401 This boat broke apart at her dock with improper mooring lines. waterproof container. Inventory and assemble all records pertaining to your vessel, including insurance policies, vessel registration, lease or rental agreement with the marina or storage facility, equipment inventory, and telephone numbers of marine authorities such as the harbor master, U.S. Coast Guard, insurance agent, National Weather Service, and emergency phone number distanced from the storm area. Keep these records in your possession as they may be needed to return and check your boat. _Inventory items on board your boat. Valuable items should be identified with your social security number. Update the inventory as items are added or removed from the boat. _Obtain a copy of your insurance for your boat. Check that the policy is current. - Obtain the phone number of your insurance agent and his marine surveyor. _.Copy of your boat's registration. _Copy of the agreement with the marina and/or repair facility. _Create a list of phone numbers of the marine authorities, the US Coast Guard, the Harbor master, your emergency number out of the area, your alternate skipper. _Record the radio frequencies to monitor the National Weather Service or National Hurricane Center, or local emergency management services. _Copy the name, address and phone number of person or persons who will be responsible for your boat if you are not in town. Buying equipment _Lines for hurricane use should be 1/4 inch larger than normal size. They should be replaced often to ensure no weaknesses have developed. Use the larger lines as primaries and normal mooring lines as doubles or backups. Nylon line stretches and absorbs shock but this action creates chafing points. _Chafe gear is needed at all points where lines may chafe. Wrap with rubber hoses, tape or rags. Some areas may need double or triple layers. 2" neoprene haze rm end _Extra cleats with backing plates may be needed. ,Duct tape should be purchased for sealing holes and seams on your boat. Anchors should be selected that will be appropriate to the bottom of the location where you will secure your boat for the hurrcane. Two storm anchors and rode will be needed. The rode should be at least 20:1 ratio length to depth. _Chains for anchors should be 5/16 inch thick with 100 to 150 feet of length. _Fenders should be purchased to protect your boat from rubbing against the dock, pilings or other boats. —Plugs for exhaust pipes should be purchased. Select a repair facility Establish with a marine repair facility a plan to have your boat examined and/or removed for repairs after a hurricane. If you have an agreement with a repair facility getting your boat seaworthy again will be greatly facilitated. Checking equipment —Bilge pumps should be in good working order and of a size adequate to protect your boat. Check the drain plug to be sure nothing is obstructing the release 2" neoprene iwae IV +" nylon Chafing gear should be used at all points where line is able to rub against another object such as pilings, hull, etc. 0 of water. _Batteries to operate the boat should be fully charged. Spare batteries to operate the bilge pump are advisable. _Exterior lights should be checked to ensure they are working properly. Replace any old bulbs. _Check that your radio antenna will be properly grounded if the radio is removed from the boat. _ Check to ensure the radio is working properly and that its batteries are fully charged. Trailers _Determine the requirements to load and haul your boat to a safe area. _Select a location that will allow your boat and trailer to be secured from all four directions to sturdy objects. Be sure your tow vehicle is capable of properly and safely moving your trailer. Tires, bearings and axles should be in good condition on your trailer. _Check the wiring for the brake and running lights. _Ensure the trailer's tag is current. 9 16(11 ` 410 The side of this boat was swept away by pounding waves. CAlways member that human life is than any boat. I 6Qji $1p STAGE THREE: Securing your boat for hurricanes The following suggestions are to be taken when a hurricane is forecast to strike near or directly Collier County. Implement your emergency marine plan, secure your boat, then remove yourself and your family to safety. If possible, remove your boat from the water and secure it on land. Listen to weather reports Listen regularly for updates on approaching hurricanes. You will need to know when the hurricane is near enough to implement your hurricane plan for securing your boat. Collier County NOAH frequency is 162.525mhz. The Lee County NOAA frequency is 162.475mhz. Attaching lines —When tying to pilings double all lines. Rig crossing spring lines fore and aft from a tangential. _Attach lines high on pilings to allow for tidal rise. Make sure lines will not slip off pilings. Wrap lines twice around pilings making sure they do not overlap. Do not use cinch knots or hitches around the piling. — Cover all lines at rough points. — Install fenders to protect the boat from rubbing against the pier, pilings and other boats. _.Avoid tying too many lines to a single cleat. This creates too much stress to the cleat. Do not tie lines perpendicular to the cleat; tie at an angle across the face of the cleat. Anchoring If you are anchoring your boat away from land, use three anchors set 120 degrees apart which will allow the boat to swing and face the wind. Use anchors suitable for 10 the bottom, above which you will secure your boat. Use anchor weights well above ones you normally use. ,Rig chafe gear. _Set fenders Cross -tying in canals _Check with the property owner that is all right to tie your boat to his property across the canal. ____Double mooring lines. —Tie to both shores, both port and starboard, fore and aft. Removing external equipment and attachments When a hurricane watch is declared strip your boat of all movable equipment such as canvas, outriggers, sails, dinghies, radios, cushions, deck boxes, biminis and roller furling sails. Tie down everything you cannot remove, such as tillers, wheels, booms, etc. Une method for anchoring during a hurricane. Securing outside cabinets, drawers, windows, equipment _ If possible remove plexiglass windscreen and store in secure area. _Tape shut all exposed drawers and cabinets. _Tape the seams of all windows and hatches to keep the wind from entering the cabin. _Check pedestal seats to be sure they are locked securely. _Remove deck furniture if possible to a secure area. If the deck furniture cannot be removed then group it together in a comer and lash it to railings. _Remove PFDs and rafts. _Lock and tape windows with duct tape. Tape all joints and seams on windows on the outside. Leave window covers in place. Tape around all hatch covers and doors. Sail craft should lash rudders. Securing engines _Small engine vents should be covered with duct tape. If the engine vent is larger cover with plywood and tape along edges. _Exhausts can be secured with wood plugs. Large diesel exhausts can be closed with inflatable balls. _ Generators under open cockpit decks should be covered with plastic sheets. _Close water intake sea cocks. _Plug exhaust outlets with bungs. _Fuel and water tank vents should be taped. Batteries " �11 0 161)1 _Make sure the electrical system is switched off unless you plan to leave the boat in the water and will leave the bilge pump on automatic, and remove batteries to eliminate the risk of fire or other damage. Electronics _Remove all external electronics if possible. Those that cannot be moved should be securely taped along seams /edges. Tape over instrument faces and switches. Securing the cabin 11 Electronics damaged in Hurricane Alicia. _Breakables should be placed in boxes down low. _Clear out all elevated cabinets where the boat's movements will spill contents out. _Heavy objects in cabinets and drawers should be removed as they may force open units. _Loose furniture and accessories and cushions should be secured. Raise Venetian blinds and take down drapes. Move furniture from windows if possible. _Carpeting should be taken up as water may be forced into cabins. _._._Duct tape doorjambs to reduce water leaks. Bedding should be stripped and stored in a safe place. Mattresses should be wedged on end. _ The refrigerator should be cleaned out of all perishables and glass containers. Firmly lock the door. If your refrigerator is AC/DC turn it off to preserve batteries. _Close sea cocks for heads. _Close and plug all sink drains. ,Disconnect and stow power cords. _Circuit breakers should be turned off. Bilge pumps _ Fully charge the battery for the bilge pump. _Leave the bilge pump on automatic. Davits and lifts Remove your boat from the davit or lift if possible. Else in preparing for a hurricane the following guidelines are offered: _Secure your boat to the lift structure fore and aft. _Turn off the power to your lift. _Remove all canvas, loose gear, cushions and electronics. _Raise the lift as high.as possible. Remove your drain plug, and be sure to check your bilge for any loose debris that could clog your drain _Be sure your battery is fully charged and turn off all electrical systems except your bilge pump. ._.,._.Cover all deck vents with duct tape. Trailers Consult with your trailer's manufacturer 6(IJ1 0 prior to performing these procedures. Take your boat on its trailer to your chosen place for hurricane protection. _Tie your boat to the trailer generously. ____Place blocks between the frame members and the axle inside each wheel. _Let about half the air out of the tires. ____Fill the boat one -third full of water to help hold it down. _.Secure your boat and trailer with heavy lines to fixed objects (such as large trees, utility poles, sturdy buildings). Lines should be tied, if possible, in four directions, for protection against the shifting wind directions. Screw anchors firmly in the ground may be used. Note the broken mirror caused by the wrenching actions of the boat under buffeting waves and winds. 12 16 I �. Some Examples of Tying Your Boat to Dock or Shore Sees" to trtxr piling, auger or other,fired object an windward shag Set ttwo stern anchors. 16 maw boat away from dock o Q— o t oM bow and stern dbw "M d Env* with �4�xir1' nyion Hne Id 01t Avoid wwuppa'ted MOMUW ALOMSM A DOCK Olt BARGE Bow and ate. n spring Nnes Keep the boat off tha dock Dann rely an,bnders / 5 i � get bow and rtem anchors lYOtE: M= 2 baatfbm alipw. a S.. line Amedy to p MV% avoid seg -mad• Meelmn4m an pinup 13 Secure tine across water to the or other dock !f poetbde 6(111"' ,ago STAGE FOUR: Recovering your boat after hurricanes Safeguarding human life is more important than protecting or checking on your boat. Driving may not be safe after the storm. Wait to check on your boat until travel hazards are removed and authorities permit travel to the area. Boat owners should be aware of hazards such as dangling wire, fuel leaks, weakened docks, bulkheads, seawalls, bridges, pilings, debris floating under the water, etc. Take your records, including insurance policies, your marina lease agreement, a list of authorities to contact, etc., with you to facilitate any prompt action needed to protect your vessel. An owner is obligated to take reasonable measures to protect his vessel if it is damaged or in .jeopardy, even though the craft is insured. A thorough check for seaworthiness and damages should be made as soon as it can be safely accomplished. Convey your findings immediately to your insurance agent. Mooring Other boats may be upriver or up the canal from your mooring position. Modify your mooring if you are blocking passage of other boats. Security _Secure your boat from looters or others who may view your boat as abandoned. _Report to law enforcement authorities any vandalism or theft or damage other than storm related. _Document the report to the authorities. Prevent additional damage . _H your boat is damaged by the storm, take immediate action to prevent further loss or damage. Record damage Document any loss or damage to your boat. If possible take photographs of the damage as soon as possible after the storm, before the boat is moved, and after it arrives at the repair facility. Not much was left of this boat after Hurricane Carla was finished with it. 14 Lifts and Davits Check electrical cabling for shorts or other damage. Watch for severed cables. _DO NOT turn on the power to your lift if the motors are suspected of having been under water. �DO NOT board your boat if it is full of water. Try to clear the drain plug opening from land. Once the boat is empty have your lift inspected for structural damage. Inspect Check your boat for storm invaders like snakes and crabs or other dangerous life. _Before moving your boat check it thoroughly for seaworthiness, potential damages, leaks or equipment losses. Do not begin repairs other than those necessary to prevent additional damage. _ Remove any potentially hazardous materials like rotting food, dead animals or fish, cracked batteries, etc. Pollution If your boat has leaked any pollutant contact the authorities immediately. Repairs _Make immediate arrangements with a reputable repair yard when boat damage is repairable to have your boat moved to the repair facility. _Obtain estimates before proceeding with repairs. Report to your insurance company _Contact your insurance agent promptly to report any damage. _Estimate the percentage of damage (cosmetic, water damage, hull integrity, etc.)..An adjuster, insurance company surveyor or independent surveyor will survey your damaged boat. You should accompany the surveyor on his initial damage survey. Have your inventory list, receipts, inventory pictures, pictures of damages and repair estimates ready for inspection by the adjuster /surveyor. You will need to provide both a 15 s z0 w I "proof of loss" and "release /payment order." After the survey the surveyor files a damage report with the insurance company, and sends a copy to you. ____You will file a statement of loss with your insurance company explaining what happened, when, where and why. Your statement should include lists of known damages along with sketches or drawings or photographs. Massive loss If your boat is not repairable make arrangements to have the boat removed to a yard or salvage facility storage area. If salvage is required screen the salvage contractor for competence and cost. Read the contract, know where your boat is going, and the level of security provided at the location. _Save as much equipment from your boat as possible. Example of tying to a piling, called a rolling hitch. Boat Owners Hurricane Worksheet, ' 1 910 Owner's Name Name of boat Length Model Boat's Current Location Address Planned Location During Hurricane City State Zip Phone Day Night If at a dock: SIip # Responsible Person (if not owner) Add' Name Address City Phone Day State Zip Night Has Boat keys? Access to equipment? Alternate Name for "Responsibility Name seacocks ❑ Lock boat Address City Phone Day State Zip Night Has Boat keys? Access to equipment? Equipment needed aboard to prepare boat Equipment Storage location 1. Extra lines 2. Chafe protectors 3. Fenders 4. Anchors 5. Swivels 6. Shackles 7. Duct tape 8. Plugs 9. 10. Equipment to be removed from boat Equipment Storage location I. Electronics 2. Dinghy 3.Outboard/fuel 4. Sails 5. Bimini 6. Galley fuel 7. Boat's papers 8. 9. 10. Hurricane Plan Final Checklist ❑ Arrange Dock/Anchor lines .❑ Strip Bimini, sails, life ❑ Add chafe protection rings ❑ Disconnect shore ❑ Use extra fenders/ fenderboards as needed power ❑ CIose fuel valves ❑ Phut dduuctt taped on windows ❑ Close all but cockpit ❑ Insert plugs in engine ports seacocks ❑ Lock boat ❑ Notify marina manager zttonal lines No. Length Size_ Chafe Gear Fenders If at a Hurricane Hole Travel Time by Water from Present Location Are There Any Bridges If yes, when will they be closed prior to hurricane Has Owner of Surrounding Land been Contacted? When ----- — — How Will the Skipper Get Ashore Type of Bottom Depth Additional Anchor(s) No. Size(s) Types Additional lines No. Length Size Additional Chain No. Length Size Chafe Gear Swivel Shackle If at a Mooring/Anchorage Last mooring inspection date How will skipper get ashore Type of bottom ------- Depth ___________ Mooring line should be extended feet Additional anchors No. Size Type(s) Additional lines No. Length Size Additional chain No. Length Size_ Chafe Gear " Swivel Shackle If Stored Ashore Is Boat already stored ashore? Yes No If no, what arrangements have been made for hauling? Storage location Contact Name (Marina/property owner) Phone No. Anchors ........................4,10 4, 7, 14 Batteries ..........................11 See Davits and lifts Bilge pumps ..................... 9,12 Cleats .............................4 Chocks............................4 6 Davits and lifts ................ 7, 12, 13 Docks and pilings .................... 6 Electronics ........................ 11 Emergency frequencies ............... 5 Engines, securing ................... 11 Equipment, buying ................... 8 Equipment, checking ............... 8-9 Equipment, removing ................ 10 Equipment, securing ............. 11 -12 Glossary of hurricane terms .......... 20 Identification .......................5 I -I' i �- 6(1, *1 10 Insurance ..................... 4, 7, 14 Lifts ............... See Davits and lifts Lines ........................... 4,10 Marinas...........................6 Neighborhood plans .................. 6 Pilings ........... See Docks and pilings Plan development .................... 5 Pulpits............................4 Records ...................... 7-8,14 Refuges, alternate .................... 7 Repairs ......................... 8,14 Saffir /Simpson Scale ................. 4 Trailers ....................... 4, 9, 12 Weather reports .................. 5,10 This document is a production of the Marine Industries Association of Collier County, Inc. and Collier County Emergency Management. Marine Industries Association of Collier County, Inc. 501 Goodlette Rd N., Suite D -100 P.O. Box 9887 Naples, FL 34101 -9887 941261-0882 941261 -5882 FAX Dave Williams, President Randy Ward, Vice President Carol Lyon, Secretary Pat Laudano, Treasurer Jacque Barr, Executive Director Dave Freeland, Pat O'Donal, Phil Osborne, Bob Wohlrabe, Kevin Dugan and Ed Ferreira, Directors 17 Collier County Emergency Management 3301 E. Tamiami Trail Naples, Florida 34112 941774 -8444 Ken Pineau, Director i 6(f, - 916 NOTES m 16(f)1 810 ` General Hurricane Information During the hurricane season, the National Hurricane Center (NHC) in Miami maintains a constant watch for tropical disturbances which could develop into destructive storms. When it appears that a storm is developing, an Air Force reconnaissance aircraft, or one of the National Oceanic & Atmospheric Administration's (NOAA) research aircraft is sent to the area to investigate. Once a tropical disturbance becomes a tropical depression, the National Hurricane Center will begin issuing advisories. When the depression reaches tropical storm strength, it will be given a name. Advisories then are issued every 6 hours and indicate the storm's location, intensity, wind speed and forward speed, and direction of forward movement. SEVERE WEATHER TERMS ADVISORY: a message released by the hurricane center, usually at 6 -hour intervals, updating information on the storm or hurricane, including watches and wamings whenever they are in effect. A special advisory is a message- given any time there is significant change in weather conditions, or a change in warnings released previously. An intermediate advisory updates information in advisories at 2 -hour or 3 -hour intervals, whenever a watch or warning is in effect. HURRICANE: a tropical cyclone that rotates counterclockwise with sustained winds of 74 mph or greater. HURRICANE SEASON: The hurricane 6 19 season is June 1 through November 30. HURRICANE WATCH: the alert given when a hurricane poses a threat to a certain coastal area within 36 hours. HURRICANE WARNING: given when a hurricane is expected to strike within 24 hours with sustained winds of 74 mph or greater. SMALL CRAFT WARNING: when a hurricane or tropical storm threatens a coastal area, small craft are advised to remain in port and not to venture into the open sea. STORM SURGE: caused by rapidly rising water levels occurring to the right of the hurricane center as it moves over or near the coastline. Surge heights can range from 7 feet to more than 24 feet, depending on the storm's strength. TROPICAL DEPRESSION: circulation at the surface of the water with sustained wind speed of 38 mph or less is called a tropical depression. TROPICAL STORM: distinct counterclockwise wind circulation around a center with sustained wind speeds of 39 to 73 mph. TROPICAL STORM WATCH: given when a tropical storm poses a threat to a particular coastal area within 36 hours. TROPICAL STORM WARNING: issued when a tropical storm with sustained winds of 39 to 73 mph is expected to strike within 24 hours. Florida Division of Emergency Management Daily Status Briefing For the Day of: August 21, 2003 11 ok.,_ Reporting period: 0800 hrs 8/20/03 through 0800 hrs 8/21/03 Tornadoes damage north Palm Beach County I. Weather A C+ata 1=nrcaract fnr Flnriila B1� Watches and Warnings: A RIVER FLOOD WARNING REMAINS IN EFFECT FOR THE WITHLACHOOCHEE RIVER AT DUNNELI_ON ... TRILBY...CROOM AND HOLDER. CYPRESS CREEK AY WORTHINGTON GARDENS. THE MYAKKA RIVER AT MYAKKA STATE PARK. THE MANATEE RIVER AT MYAKKA HEAD. THE PEACE RIVER AT ARCADIA AND HORSE CREEK NEAR ARCADIA. STATE FORECAST FOR FLORIDA — from the National Weather Service Office Miami TODAY ... Partly cloudy with scattered mainly afternoon showers and thunderstorms. Highs in the upper 80s to lower 90s. TONIGHT... Partly cloudy with scattered to locally numerous mainly afternoon and evening showers and thunderstorms. Lows in the 70s except around 80 southeast beaches and Keys. FRIDAY... Partly cloudy with scattered mainly afternoon and evening showers and thunderstorms. Highs in the upper 80s to lower 90s. R Wn-7!nrr1r%iis WanthP_r nlltlnolk Florida No report. Regional — Nothing to report Tropical Outlook - Link to the National Hurricane Center 530 AM EDT THU AUG 21 2003 FOR THE NORTH ATLANTIC... CARIBBEAN SEA AND THE GULF OF MEXICO... A TROPICAL WAVE OVER THE EASTERN CARIBBEAN SEA IS MOVING WESTWARD NEAR 15 MPH. THIS SYSTEM IS ACCOMPANIED BY A WEAK AREA OF LOW PRESSURE ... AND UPPER -LEVEL WINDS ARE FORECAST TO REMAIN FAVORABLE FOR DEVELOPMENT OVER THE NEXT FEW DAYS. IF NECESSARY ... AN AIR FORCE RECONNAISSANCE AIRCRAFT WILL INVESTIGATE THE AREA LATER TODAY. ELSEWHERE... TROPICAL STORM FORMATION IS NOT EXPECTED THROUGH FRIDAY. Reprinting Surviving the Storm: A Guide to Hurricane Preparedness Page 1 A major goal of FEMA is to provide 1 �,� p e information to help people prevent or limit dams a om future disasters. To that end, it encourages the wide distribution of educational materials. Thank you for interest in helping to further that aim. Il. 'Infectious Diseases A. DOH Health Alerts STATUS — No chance B. Arbovirus Diseases - Human Cases Disease New Cases Total Cases Fatalities East. E uine Ence halitis 0 2 0 West Nile Virus 0 12 0 St. Louis Ence halitis Virus 0 0 0 This chart is representative of data collected for the 2003 calendar year. Links to websites specializing in Arboviral Diseases CDC West Nile Florida Department of Health West Nile West Nile Virus Maps West Nile shows up in the Keys Although no one's come down with it yet, the first cases of the West Nile virus have been detected in local mosquitoes, and officials are warning people to guard against the blood- sucking bugs. West Nile virus - infected mosquitoes found in southeastern Calif EL CENTRO, Calif. -- Mosquitoes infected with West Nile virus have been found near the Salton Sea, marking the disease's California debut in the wild, health officials said Wednesday. C. Severe Acute Respiratory Syndrome (SARS) SARS Links Florida Department of Health SARS web paae CDC SARS Information U.S. Cumulative Number of Reported Cases of Severe Acute ,w■ ■ Map of Current Probable Cases of SARS �...,..� ■� r..,u`G "�' �raior s Frequently asked questions about Severe Acute Respiratory Syndrome (BBC) Study Suggests Hygiene Important in Controlling SARS The world continues to see new infections for which there are no vaccines. Severe Acute Respiratory Syndrome is just one of the latest examples, but these diseases are still vulnerable to simple control measures. A new study has found the most deadly enemies of these infections are soap, masks, gowns, and gloves. D. Smallpox - Monkeypox CDC Smallpox Site New Generation Of Smallpox Vaccines To Be Tested At Saint Louis University Page 2 16(1)1 810 ST. LOUIS - Two new investigational smallpox vaccines will be studied as part of a clinical trial starting soon at Saint Louis University's Center for Vaccine Development. Saint Louis University is the only location in the United States participating in the trial. III. Terrorism A. Homeland Security Threat Level The Department of Homeland Security in consultation with the Homeland Security Council, has made the decision to move the national threat level from a High risk of terrorist attack to an Elevated risk or level Yellow. Elevated Condition (Yellow). An Elevated Condition is declared when there is a significant risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the Protective Measures that they will develop and implement: 1. Increasing surveillance of critical locations; 2. Coordinating emergency plans as appropriate with nearby jurisdictions; 3. Assessing whether the precise characteristics of the threat require the further refinement of preplanned Protective Measures; 4. Implementing, as appropriate, contingency and emergency response plans. B. Reported Events Event Type Reports in last 24 hours Reports since Sept. 11, 2001 Suspicious substances/pa cka es 0 10,439 Bomb Threats 1 190 Incident #: SWP030820 — 5729 — Brevard County County reports two bomb threats to two high - schools that occurred earlier this morning. Both threats were found to be unfounded and the scenes are cleared and the schools have resumed normal classes. C. Special Events` What Where Date Caribbean Carnival City: Tallahassee August 22— August 23, County: Leon 2003 Atlanta Falcons at Miami City: Miami August 22 County: Miami -Dade Jacksonville Jaguars at Tampa City: Tampa August 23 County: Hillsborough Washington Redskins. at Jacksonville City: Jacksonville August 28 County: Duval Houston Texans at Tampa City: Tampa August 28 County: Hillsborough D. Terrorism and Homeland Security News State Brevard homeland security coordinator says citizens have role Page 3 l6 8.10 BAREFOOT BAY — Residents here and across Brevard County can help the homel nd secunty effort simply by keeping their eyes out for the unusual in their neighborhoods, a county official told the Barefoot Bay Kiwanis Club Tuesday. South Florida Cities Say They're Not Getting Enough Anti - Terrorism Funding Two years after the state became the epicenter for anthrax scares and hijackers plotting attacks on America, Florida's defenses against terrorism are tightening. Regional No report. National /International Homeland Security still seeking to consolidate 'watch lists' Homeland Security Department Deputy Secretary Gordon England said Wednesday that the department has not completed the task of combining a dozen separate "watch lists" of potential terrorists because it is a "technical challenge" to consolidate databases and ,computers that were not designed to share information. Senator launches probe into TSP contract Concerned that millions of taxpayer and federal employee dollars were wasted, Sen. Susan Collins, R- Maine, Wednesday launched an inquiry into a failed contract to modernize the Thrift Savings Plan's computer system. First responders feel inadequately equipped, survey finds U.S. emergency responders believe they lack adequate protection to respond to terrorist incidents involving weapons of mass destruction, according to a report released by RAND Wednesday. Cyber Terrorism /information Technologies Sobig, Fastest- Spreading Worm, Infects More Computers Aug. 20 (Bloomberg) -- The Sobig computer worm, the fastest- spreading e-mail virus ever, infected more computer systems today, clogging state -owned networks in New Jersey, New York and North Carolina. Chem — Bio No Report. War with Iraq Links Department of Defense Significant Events August 2003 Sunday Monday Tuesday Wed Thurs Friday Sat 1 2 — Iraq invades Kuwait 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 25 26 27 Page 4 28 29 30 31 IV. Wildland Fire A.r Fire Weather Fire Weather Watch - No Watch issued. Red Flag Warning — No Warning issued. B. Bi- Weekly Fire Weather Forecast — from the Division of Forestry — published on Mondays or as weather conditions require. C. Fire Weather I Drought Indicators Keetch - Byram Drought Index — Link to map US Drought Monitor STATUS: An increase of 3 index points since The State of Florida was not mentioned in this August 20, 2003. week's Drought Summary. Statewide Average: 158 KBDI over 700 — None KBDI over 600 -None KBDI over 500 — None KBDI - Aug 20,2M U.S. Drought Monitor August 12+2003 FA; AM �f s {, 02110.X1- 020iAN1 0211,.X1 0221,.X1` m,oi o„ ,7.'E, mmiio, +ae, au7 -1 EO..Ena ' D_Pauy. -Ge.e +land _ �Dl Padn-E�++awW /D n +rt mnm 2`.eti �,; v:.9f,:1'n +.rcr.iwsesuc Jrcadsca�ero.a::o.: >. Releaetl7hwxtl3y, AuguSf 14, 3007 hnn:" thaglnan,.eHnzHn �. WET oRR — o ,00 soo ao0 +00 900 eoo �0 aoo ' D. Wildland Fires - Link to report STATUS: No Change Page 5 V. Other 16 (11,,� 9 110 Incident #: SWP030820 - 5745 - Lee County T he Board of County Commissioners declared a State of Emergency for flooding. The flooding is primarily in the Sun Coast area of North Ft Myers. Several private roads in that area are inaccessible to emergency vehicles. The Local state of Emergency was declared at 1650 hours on August 20th 2003 and is effective for 7 days. Page 6 MEMORANDUM TO: Sue Filson Executive Assistance, BCC FROM: Patty Petrow � TDC Contracts Coordinator, Coastal Projects DATE: October 10, 2003 SUBJECT: COASTAL ADVISORY COMMITTEE MINUTES The subject meeting minutes are forwarded to the Board of Commissioners for the following meeting: September — 2003 Attachments (Sept. 2003) i i -9 1 l Fiala September , 2003 Halas" Bi Henning I Coyle Colette TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, September 11, 2003 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg Ron Pennington James Snediker David Roellig John Strapponi (Excused) John Arceri Bedford Biles Anthony Pires William Kroeschell ALSO PRESENT: Ron Hovell, Coastal Projects Manager Heidi Ashton, Assistant County Attorney Dr. Jon Staiger, City of Naples ;;. I 1128I 1 Chairman Gary Galleberg called the meeting to order at 1:35 PM with the Pledge of Allegiance being recited in remembrance of this special day. 1. Roll Call: Mr. Strapponi may be in attendance later in the meeting. Mr. Pires is not present. 2. Additions to the Agenda: Mr. Roellig and Mr. Hovell will give an update of the Florida Shore and Beach Preservation Conference attended last week. 3. New Business: a. Approval of Minutes of August 12, 2003 —Page 2 —should read 100,000 cubic yards. Mr. Roellig moved to approve the minutes of August 12th, 2003 as amended. Seconded Mr. Arceri. Carried unanimously 7 -0. Mr. Pires arrived at 1:40 PM. b. County /City of Naples Beach Re- nourishment Engineering Report, Annual Monitoring Report & Permit Application — Mr. Steve Keene - Coastal Planning & Engineering - presentation on overhead given included: (Attached) - Layers of Sand — Rock layers — size of sand given with details - 2 borrow areas — showed on map of the two areas (N5 -5 miles off Naples on SW Coast & T1 -33.1 miles from Vanderbilt Beach) - Hardbottom investigation - Investigative Plan approved by State for permitting beach project near Hardbottom. - Picture of GIS Database shown - Coarse Sand Design - More detailed reports available from Mr. Keene - Covered renourishment alternatives Summary of design criteria: - Establishing a 100 foot design beach, maintained for 6 years, avoiding Hardbottom coverage, considering flat berm with 5 foot NGVD elevation and dunes at selected locations. They are also trying to curtail truck hauling. - Discussion followed on the coarse and fine sand and how they can change the characteristics of a beach. - Mr. Hovell stated there needs to be a sand selection process, but not today and suggests submitting a permit application so there is flexibility of choosing any or all beaches for renourishment. - Recommendation is the coarse sand source - being superior — will provide longevity and performance that is needed. - Discussion followed on the construction method concerning the Hopper Dredges versus Cutterhead Dredge. Coastal Planning & Engineering felt they 2 16(l) 1" 8 11 September 11, 2003 would target Hopper Dredging for the offshore and for the distance sight, to keep costs in line and allow flexibility so no rocks are on the beach. - Mr. Galleberg expressed different presentations with estimates have been given in the past and they concluded they would do the offshore source, and now back to Tom's hill. He questioned hopper dredging being an issue when the whole premise was hopper dredges so there wouldn't be a problem. - Tom's hill was a source that had good sand and wouldn't present a problem which is true according to Coastal Planning & Engineering. He explained how they have developed both borrow sources in their presentation. They can still come close to the Budget if they use a mixed dredging — some fine material in some areas and coarse material in others. A good decision would be all coarse material, for long term, but is pricier. - Mr. Galleberg questions the value of the estimates the Committee had been presented with earlier. He was not sure the public would understand or accept the coarser sand. - Costs and permits were discussed. Dr. Staiger reinforced Steve Keene's suggestion to go forward with the permit process asking for everything with omissions later if need be — drawback is paying for it up front. - The residents in the city of Naples want the groin fields back. Mr. Roellig moved to approve the submittal of the permit application. Seconded Mr. Arceri. Carried 7 -1. Mr. Pires voting "no ". c. FDEP Beach Erosion Control Program Submission — Mr. Hovell discussed the application for the major renourishment and submitting it to the State to meet their deadlines. He used $17M based on the numbers of all the reports submitted. The State will look at where and how much parking there is so they can do the calculations on a percentage of the projects that will be eligible for State Funding. The maximum the State will pay is 50 %. - Discussion followed on the eligibility list for the State. Mr. Snediker moved to do the submittal on all the projects. Seconded Mr. Kroeschell. Carried unanimously 8 -0. d. Hideaway Beach Renourishment Permit Application & Magnetic Anomalies Investigation Proposal — (get approval to submit the permit application & continue with doing the work necessary to answer all the States questions for allowing a permit) — Ken Humiston — Humiston & Moore Engineering — gave an overview on the highlights of the project. (Attached) 1�1 - Septem 2003 - Proposal for additional investigation of the borrow area. State will need verification before approving dredging in particular areas. - Permit could be obtained within a year — 2004. Project could be completed before start of sea turtle nesting season. - Following completion — monitoring is required for 5 years. - Permit fee for nourishment - $10,000 — not certain on computation by State at this time & could be $20- 50,000. Mr. Snediker moved to approve submittal of the Hideaway Beach Renourishment permit application to the State for approval. Seconded Mr. Roellig. Carried unanimously 8 -0. Mr. Roellig move to approve the work order for $15,829 to investigate the three magnetic anomalies in the borrow area. Seconded Snediker. Carried unanimously 8 -0. e. Hideaway Beach Renourishment with Upland Sand Engineering and Construction Monitoring Proposal — (trucking of sand onto Royal Marco Point) Mr. Snediker moved to approve the work order for the $20,450 to Humiston & Moore Engineering. Seconded Mr. Roellig. Carried unanimously 8 -0. 3:00 PM -Break 3:10 PM — Reconvened f. Marco Island Grading Purchase Order Proposal — Ron Hovell - Repeat grading of Marco Island Beach — purchase order for $15,000. Mr. Pennington moved to approve issuing a Purchase Order for re- grading Marco Island Beach, not to exceed $15,000. Seconded Mr. Biles. Carried unanimously 8 -0. g. Engineering Services Contracts — Ron Hovell showed the spread sheet on the overhead project on a summary of the three Engineering contracts with all the work orders issued. h. Beach Raking /City of Naples — there was 240 tons of seaweed removed from the beach by Litner Contracting three weeks ago. Mr. Hovell recommends the Committee spend up to $8,000 to clean up the seaweed. Mr. Kroeschell moved to approve an expenditure of up to $8,000 to Litner Contracting for cleaning up the seaweed. Seconded Mr. Arceri. Carried unanimously 8 -0. 4 16(1)1 September 11, 2003 i. TDC Grant Applications for Acquiring Public Beach Access - - Three grant applications — Vanderbilt Beach, Hideaway /Tigertail beach, and Inland from Vanderbilt Beach with shuttling people into the area. - Discussion followed on the number of parking spaces and funding. - Mr. Pennington felt it was premature for this subject to be submitted to the Committee at this time. - The legality of parking spaces along Hwy 41 was questioned. Ms. Ashton stated it had been brought up to the County Attorneys office to render an opinion on several scenarios concerning this subject of which has not been done as of this date. It is governed by Section 125.104, Sub - section 5A. Her opinion is that if it is not something specifically enumerated in the Statue, it is then deemed prohibited. TDC Statutes are strictly construed by the Courts. They can give a favorable opinion at this time, although it isn't written yet after consultation with the Clerk of Courts who is in agreement with her position, as to the acquisition of land for beach access that is contiguous to the beach. Without completing her analysis she did not feel she could give a favorable opinion as to off site locations for parking. The legality should be established through a Bond Validation procedure or another party for litigation. An opinion was issued a year or so ago concerning Lely Barefoot Beach in which the Attorney General said that it was logical that beach park facilities included acquisition of property and if governing body made the legislative binding and that if it was a beach park facility, it would logically include access. Mr. Pennington moved to recommend denial on all three grant applications. Seconded Mr. Roellig. - Discussion followed on priorities on renourishment versus access and thoughts of tabling was also talked about. More details and specifics are needed. No presenters were present. Mr. Pennington amended his motion to table the three grant applications at this time due to lack of specific information and legal opinion. - A lengthy discussion followed. Based on the Ordinance the Committee is to review capital expenditures relating to beach access and maintenance. Seconded Mr. Arceri. Carried unanimously 8 -0. 4. Old Business: a. Tourist Development Tax Funding Policy for Category "A" Projects - - Sub - Committee met on August 21, 2003. - Reviewed policy on screen with recommended changes. 1 September 11, 2003 - A lengthy discussion followed on whether the word "residence" should be eliminated or not. - Mr. Arceri commented they should consider changing the policy. He also stated that every beach that has some form of public access and some form of people using it; hotels, motels, single family or multi - family — should be eligible for minimum funding. - Mr. Galleberg suggested in #2 — instead of "or has been designated by the County as part of the Inlet Management Plan and recognized — should say "is a vital area subject to abnormal erosion" — as decided by the Committee. Mr. Pennington moved to accept Mr. Arceri's recommendation for Paragraph #1, to include the entire area, if at least 80% of it is classified as eligible, Paragraph #2, to recognize that it is a vital area subject to abnormal erosion to replace what the Committee originally had for "residence ". Seconded Mr. Arceri. Mr. Pennington amended the motion to read "to recognize the vital area subject to abnormal erosion by the Coastal Advisory Committee ". Mr. Arceri seconded. Carried unanimously 8 -0. - It was suggested the entire report be rewritten and sent to all members of the Tourist Development Council. - It was decided Mr. Arceri attend the Tourist Development Council meeting. - After a lengthy discussion concerning funding, Ms. Ashton suggested recommending that if the CAC Ordinance doesn't include all types of Category "A" funding, that it be expanded to include all Category "A" funding. The Ordinance currently deals with beach renourishment and erosion, not necessarily all types of category "A" funding. - Mr. Galleberg stated the CAC Ordinance reads "planning and prioritizing capital improvement programs related to Coastal issues." He feels access to the beaches is a Coastal issue. - Mr. Pennington stated the Parks and Recreation Ordinance does not address funding issues, only make recommendations. SPEAKERS David Somers — Hideaway Beach — stated in the language the Committee changed; he said the State does prepare an erosion control document that lists the most eroded beaches and hoped the Committee would take that into consideration when dealing with the issue. Since a portion of the beach is to be funded by private property owners, C 46(l4 N wa,; e)II, 2003 r there is no mechanism in place of how those private property owners are supposed to fund it. Mr. Galleberg stated it would be the Board of County Commissioners decision of how to set that up. Doug Fee — represents the North Bay Civic Association — he attended the meeting in which the Parks & Rec discussed the policy requests in June or July. The BCC asked the Advisory Boards look at it before voting on it. The Parks & Rec. recommended that there would be public parking for all citizens. They also asked for bathroom facilities. He understood there would be TDC dollars for the renourishment. He felt the advisory committees were to look at the issues and give an opinion of whether it was right or wrong and whether it is a sound policy and not look at the individual areas of the County or tweaking it. He hopes the BCC will get the committees input on the decision and policy of funding along with the renourishment issues not just based on the area they live in, but in an equitable way based on a Federal and State policy — providing parking and bathroom facilities. If they don't have those amenities, they shouldn't get full funding. Mr. Galleberg stated this is a major public policy issue that will be decided and debated at the Board of County Commissioners, Mr. Fee wants them to keep all this in mind in the future. Discussion followed on the parking and restroom issue and State criteria for funding. Mr. Pires mentioned the CAC is represented well from all areas, has good debates and discussions and is a non - partisan group. b. Collier Creek Maintenance Dredging Update — will not be submitted for TDC funding review. If DEP approves it — should be no problem. c. Marco Island Major Grading Revised Work Order Proposal — from Taylor Engineering — to permit a major grading, requiring a full permit from the State. To provide a more permanent solution to the grasses rather than grade every year. The Marco Island City Council has discussed this issue and asked the County to solve the problem. Committee feels they need a better definition as to what the problem is and will look at this again in October. d. Easements for Beach Maintenance — Mr. Hovell would like set aside approx. $100,000 and then get the Realtors involved. e. Review of Recommendations made on August 12, 2003 — TDC does not meet as full Committee until September 22 VA .L oil Septemb r 11, 2003 5. Audience Participation — none. 6. Committee Member Comments — Mr. Roellig attended a Florida Shore and Beach Preservation Conference where there was discussion that all allocated state funds were not used. Mr. Roellig moved to request staff to investigate and submit a letter to the Corps of Engineers for funding options. Seconded Mr. Arceri. Dr. Staiger stated they should contact Congressmen Goss for a Congressional authorization to ask the Corps to do a reconnaissance study at no cost, then the feasibility study at a 50150 cost. Getting a project can be difficult but no reason why they can't pursue it. It can take 7 -8 years before something happens. Mr. Pires left at 5:10 P.M. Carried unanimously 7 -0. 7. Schedule Next Meeting — Thursday, October 9, 2003. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 5:15 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Gary Galleberg 5 iala J - Halas 6 r� Henning Coyle RECEI v Goletta COLLIER COUNTY AIRPORT AUTHORITY N- OV 0 12003 AGENDA ,�� ,uni� ComrnissionPr� r � Ii Q d �' �� , DATE: November 10, 2003 PLACE: Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL TIME: 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance and Invocation II. Approval of Agenda and announcements: Holiday Celebration A. Consent Agenda 1. Minutes of October 13, 2003 2. Work Order No. 2 Everglades Lighting .......................... ............................Pg. 6 B. Capital Improvements 1. Marco Island Airport Avigation Easement ..................... ............................Pg. 9 C. Administrative 1. EDC Update on Florida Tradeport Business Recruitment ...........................Pg. 10 2. Disadvantage Business Enterprise Plan ........................... ............................Pg. 11 3. Year -End Financial Statements ........................................ ............................Pg. 13 4. Wright Brothers Proclamation ......................................... ............................Pg. 17 5. Change Order Policy ........................................................ ............................Pg. 19 6. Budget Amendments for FAA Grants ............................. ............................Pg. 20 D. Old Business E. New Business 4 F. Public G. Adjournment COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF OCTOBER 13, 2003 MEMBERS Dennis Vasey PRESENT: ABSENT: Bill West STAFF: Gene Schmidt Bob Titus PUBLIC: Lee Willer Spector Carol Glassman Marla Ramsey Monte Lazarus Jim Peterka Robin Doyle Thomas Palmer Debi Mueller Byran Meade Bob Murray Adam Eric Junkrosk Monica Biondo Steve Price Gail Hambright Larry Hannon Winona Stone Luc Carriere I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:05p.m. and quorum was present. II. APPROVAL OF AGENDA Deleted to agenda: Item V -C Raymond Rewis Bob Tweedie Mike Taylor Lee Combs James Fitzek Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. III. APPROVAL OF CONSENT AGENDA Approved: Minutes of September 8, 2003; Certificate of Appreciation to Keith Henshall; Chevron Quality Control Compliance Award for Immokalee Airport Mr. Price moved to approve the Consent Agenda. Mr. Peterka seconded the motion. Motion passed unanimously. IV. CAPITAL IMPROVEMENTS A. Everglades Runway 15 -33 Lighting Change Order No. 1 Discussion was held. Recommendation: Authority,,4pprove Change Order No. 1 for the Runway 15 -33 Lighting Project at Everglades Airpark for the deduction amount of $9,088.94 bringing the agreement amount from $83,340.50 to $74,251.56 Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. Z Collier County Airport Authority Minutes October 13, 2003 Page 2 B. Immokalee Regional Airport Revised Work Order Discussion was held. 6(1 �1„� � Recommendation: Approve revised work order (CCAA 02 -03) assigned to Hole Montes, Inc. for the design phase of the parallel Taxiway project at Immokalee Regional Airport and authorize the Chairman to execute all necessary documents. Mr. Peterka moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. C. Marco Island Executive Airport Revised Work Order Discussion was held. Recommendation: Approve revised work order (CCAA 03 -01 assigned to Hole Montes, Inc. for the design phase of the Parallel Taxiway project at Marco Island Executive Airport and authorize the Chairman to execute all necessary documents. V. ADMINISTRATIVE A. Wright Brothers' Centennial Expo Bob Murray addressed the board regarding the Wednesday, December 17, 2003 Wright Bros. Centennial Expo to be held at Marco Island Executive Airport. Discussion was held. Recommendation: To proceed with Wright Brothers' Centennial Expo. Mr. Peterka moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. B. Update from Parks & Recreation on Land Swap at Immokalee Airport Mr. Fitzik from Parks and Reereatioli updated the board on the site plan at Immokalee outlining the area regarding the land swap. Discussion was held and it was determined to discuss with the County Manager an Impact Fee forgiveness for land swap in Immokalee between the 02 Collier County Airport Authority Minutes October 13, 2003 Page 3 I kI)I Airport Authority and Parks and Recreation based on the Hole Montes evaluation. No motion was taken. C. Update of Immokalee Manufacturing Facility acility II This item was pulled until a further date; however, Lee Combs was available from Financial Administration and updated the board on the lease negotiations for this item. Discussion was held. Recommendation: Authority is given to the Executive Director to execute a lease subject to his and the County Attorney's office final approval and budget amendment request for this item is also approved for additional $8,000 to come from the County reserve. Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. D. Update on Florida Tradeport Marketing Monica Biondo from EDC updated the board on Florida Tradeport Marketing. Discussion was held and no motion was needed. E. Executive Director 2003 Evaluation/2004 Contract Mr. Vasey addressed the board regarding required rating for the Executive Director and the approval of the board. Discussion was held. Recommendation: Not to concur but accept Mr. West's evaluation of Mr. Schmidt as the Executive Director. Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. Adjust compensation for the Executive Director as the Authority deems appropriate was discussed. B1-2 Mr. Schmidt had addressed a letter to the board with a recommendation of $85,000. 3 Collier County Airport Authority Minutes October 13, 2003 Page 4 Discussion was held. Mr. Titus noted that $75,000 was budgeted for this position and around $10,000 is budgeted for health insurance. Mr. Schmidt had noted that he would not be taking the health insurance. Recommendation: Approve annual salary of $85,000 for the Executive director with the County Manager's approval. Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. Discussion was held regarding Employment Agreement for the Executive Director. Mr. Price noted that that he did not want this contract to undo what was done at the last board meeting in that as soon as practical the Authority is going to look for a permanent Executive Director through the proper channels. Recommendation: To approve agreement with the $85,000 annual salary subject to presenting to the Board of County Commissioners for their approval. Mr. Price moved for approval of recommendation. Mr. Peterka seconded the motion. Motion passed unanimously. Discussion was held regarding a Resolution. Recommendation: Resolution with two items 1) resolves that the County Airport Authority recommends ratification of the Executive Director Employment Agreement. 2) Resolves that the Authority attends to do a national search not later than February 1, 2004. Attached to the resolution would be the Employment Agreement. Mr. Peterka moved for approval of recommendation. Mr. Rewis seconded the motion. Motion passed unanimously. F. Authority Board Meeting Location ••., Mr. Peterka addressed the board regarding his request to have at least once a year a board meeting at each the Immokalee and Everglades Airport. Discussion was held. 312 i q Collier County Airport Authority Minutes October 13, 2003 Page 5 16(1)1 B12 With the Authority's approval the Executive Director was directed to determine when these meeting will be scheduled at each airport. G. Everglades Airpark Parallel Taxiway Revised Work Order Mr. Vasey updated the Authority on his meeting with the County Manager to get an update on the status of county's review of the Airport System. V. OLD BUSINESS VI. NEW BUSINESS VII. ADJOURNMENT Meeting adjourned at 2:30p.m. 5 16(1)j 312- AGENDA SUMMARY NOVEMBER 10, 2003 AGENDA ITEM NO. A -2 WORK ORDER NO.2 EVERGLADES RUNWAY 15 -33 LIGHTING PROJECT CONSENT Summary: Summary: Mid Continent Electric was awarded the bid for the Everglades Airpark Runway 15 -33 Lighting project on June 9, 2003. The original agreement with Mid Continent Electric was $83,340.50. Change Order No. 1 was a deduction of $9,088.94 from the original agreement putting the present agreement amount at $74,251.56. The attached Change or No.2 is an additional deduction of $3,222.00 putting the present agreement amount at $71,029.56. Recommendation: Informational purpose only. 2 16(1)1 812 CONTRACT MODIFICATION evefc IcIde S CHECKLIST FORM PROJECT NAME: Fuh u 15-33 Ljict h t I yt PROJECT #: BID /RFP #: 03-3461 #: 2 AMOUNT OF THIS CHANGE $_L_2 2 2 , ao /// PO #: `�`S- 11q (pia Work Order #:_ 1- DOT ZO(p 39 i� - ( —Qqo / CONTRACT AMOUNT: ORIGINAL $ $3 34,0, SO CURRENT $ `71 029 , ,S�v' (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_I , 251 , (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 10 t v3 Agenda Item # _ 03 - Z7 Percentage of the change over /under current contract amount Formula: (Current Amount / Last BCC approved amount) -1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 040ber G, 7co3 SUMMARY OF PROPOSED CHANGE (S): VIA � 4-r-1 „ r-. G _ I_ - t4- CURRENT: QC Tor 6, Zr�D3 Actic(L -f'a'ct I ►1._O UQ�vI E- i JUSTIFICATION FOR CHANGE (S): NvT Q 1 0I.M1 nn -�-i _, ,o c I , PARTIES COO_NTACTEED REGARDING �THE CHANGE: __ Co V1 + ra 1 p r, IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) L Proposed change is consistent with the scope of the existing agreement tQ /A Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: DISAPPROVE: COMh4ENTS: k 1I Revised 8/22/03 ("'t e C Date - Date{ ch occ I G1 a t a, UCG Gl Cf c m Z U 0 u c � 0 v � 3a a� z H a� z O c m IL U W w .n ce W Nam GM oao 00 a�iv o N W pL,Ua L C7 O E TZ i O U G �Z ra C N U fo i- c °r V) G Z t ~ x m CL O d o Q cm v E � G7 > W m # z o Q ^C C c� a IL > U aj S. V V w 0 O r4 G1 E m W CL M O O N O L .O E v O z a M kD Ln 6 N O N z .n Ln fa .-i Ln r N E O a� C fo °O °r V) G C N fp O M � cm v E � > W N f0 Q O C a c Q rn M i U 4-+ Obi M M w N M O opt ai .'O � a c ce O M O O ,-f rl 16( / -612 5 v� w 0 ap a M O O N N .a 0 i u W f; as U 0 o fr � E aD 0 16(I)? 81-2 AGENDA SUMMARY NOVEMBER 10, 2003 AGENDA ITEM NO. B -1 MARCO ISLAND AIRPORT AVIGATION EASEMENT CAPITAL IMPROVEMENTS Summary: Marco Airport currently has an Avigation Easement for the Fiddler's Creek area as shown on the attached "Exhibit ". The desired result is to mandate granting to Collier County an avigation easement as a precondition for issuance of a Collier County building permit or other permission from Collier County in the vicinity of the Marco Island Executive Airport, such obligation needs to be inserted as new text in the Collier County Land-Development Code ( "LDC "). The LDC is amended 2 times each calendar year. Recommendation: Approve drafting text amending the LDC that clearly expresses the desired intent and present that proposed text to Assistant County, Patrick White, or Assistant County Attorney, Marjorie Student to get it into the bi- annual LDC amendment process. am m 7 AGENDA SUMMARY NOVEMBER 10, 2003 AGENDA ITEM NO. C -1 EDC UPDATE ON FLORIDA TRADEPORT BUSINESS RECRUITMENT ADMINISTRATIVE Summary: EDC will update the board on the Florida Tradeport Business Recruitment. Recommendation: None W lb B12 AGENDA SUMMARY NOVEMBER 10, 2003 AGENDA ITEM NO. C -2 DISADVANTAGE BUSINESS ENTERPRISE (DBE) ADMINISTRATIVE Summary: One of the requirements of the FAA grants in that the Authority develop a DBE plan. A plan was developed and established a goal of 8.75% for DBE participation on FAA - assisted contracts for professional services The FAA regulations required the Authority to publish this goal in a local newspaper which was done on September 22, and October 4, 2003 — and allow for the public to comment on the goal at a public meeting. Recommendation: Allow for public comment on the Authority's DBE goal I 6(1 812 NOTICE OF DBE PROGRAM — COLLIER COUNTY AIRPORT AUTHORITY Everglades Airpark, Marco Island Executive Airport, and I_mmokalee Regional Airport Introduction: The Collier County Airport Authority (CCAA) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The CCAA plans to receive Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the CCAA intends to sign an assurance that it will comply with 49 CFR Part 26. Obiectives /Policy Statement: It is the policy of the CCAA to ensure that DBEs as defined in part 26, have an equal opportunity to receive and participate in DOT — assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT — assisted contracts; 2. To create a level playing filed on which DBEs can compete fairly for DOT - assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Finance Manager has been delegated as the DBE Liaison Officer (DBELO). In that capacity, the Finance Manager is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the CCAA in its financial assistance agreements with the Department of Transportation. Goals: The CCAA has established a goal of 8.75% for professional services associated with the DOT - assisted grant. The goal and description of how the goal was selected appears in the "DBE Program — Collier County Airport Authority." This document is available for inspection during normal business hours at the office of the Finance Manager, Collier County Airport Authority, 2003 Mainsail Drive, Naples, Florida 34114 for 30 days following the date of this notice. The CCAA and DOT will accept comments on the goals for this project for 45 days from the date of the notice. Comments: Comments to the CCAA may be directed to Mr. Robert Titus, Finance Manager, Collier County Airport Authority, 2003 Mainsail Drive, Naples, Florida 34114., e-mail: RobertTitus @colliergov.net. Comments may also be directed to Mr. James Brame, Manager, Civil Rights Staff ASO -9, Federal Aviation Administration, P.O. Box 20636, Atlanta, GA 30320. A public hearing on the DBE program and goal has been stcheduled for November 10, 2003 at 1:00 pm at the Collier County Airport Authority Board Meeting. U 12 I6(I)1 B12 AGENDA SUMMARY NOVEMBER 10, 2003 AGENDA ITEM NO. C -3 YEAR -END FINANCIAL STATEMENTS ADMINISTRATIVE Summary: The following financial statements are for the year ended September 30, 2003 for the Authority's Operating and Capital Accounts. Recommendation: For discussion 13 16(1)1 OPERATING ACCOUNT FUND 495 For the year ended September 30, 2003 Original Income Budget Actual Variance Net revenue from fuel sales 575,700 555,886 (19,814) -3.4% Rentals, leasing and other 371.800 365,318 (6,482) -1.7% Income 947.500 921.204 (26,296) -2.8% Expenses Personnel services 831,800 794,810 (36,990) -4.4% Operating 654,600 657,05$ 2,458 -0.4% Capital outlay 203,400 160,423 (42,977) -21.10/0 Expenses 1,689,800 1,612,290 (77,51D -4.6% Cost of operations 742,300 691.085 51 215 -6.9% Revenue reserve 74,800 General Fund Transfer 817.100 Explanations of Material Variances For the fiscal year ended September 30, 2003, the net cost of operating the three airports was nearly 7% lower than the budgeted amount. The actual cost of operations was $691,000, compared to a budgeted amount of $742,000. The primary components of the total variance are the following: Net revenue from fuel sales — The original budget projected the sale of 473,767 gallons of fuel, both JetA and Avgas, at an average gross profit of $1.215 per gallon, yielding a total budgeted amount of $575,700. The actual number of gallons sold was 447,966, missing the budget by 25,801. This resulted in a negative volume variance of $31,352 (25,801 gallons @ $1.215). The negative volume variance was offset somewhat by a positive price variance. The actual gross profit per gallon sold was $1.241 compared to the budgeted $1.215. This difference resulted in a positive price variance of $11,538. Netting the two variances ($31,352 against $11,538) rg�ults in an overall negative variance for this line item in the amount of $19,814. Personnel services — The outlay for personnel services was less than the budgeted amount primarily for two reasons: (1) the actual salary and fringe � `I 1 &(I)1 812 benefits paid to the interim Executive Directors were less than the amounts budgeted, and (2) the line technician position at Immokalee was unfilled for a good part of the year. Capital outlay— Several items budgeted to be acquired during the fiscal year were not purchased. Among the more significant ones were: Budgeted Marco Localizer (replace direct burial $20,000 lines and move transformer) Vehicle shelter 5,000 Immokalee Ground Power Unit 16,000 The work that was to be performed on the Marco localizer was not done because the localizer was shut down and taken out of operation. A vehicle shelter was not purchased because a shelter was built in house by staff resulting in a significant savings in cost. The need for a GPU at Immokalee was reassessed, and it was determined that the need was not sufficiently pressing to justify the cost. (5- AIRPORT AUTHORITY Capital Accounts - Funds 496 and 497 Schedule of Expenditures For the twelve month period ended September 30, 2003 Project Number Project Name Immokalee 33010 Incubator Support Facility 33327 Industrial Park Improvements 33343 Conceptual ERP Permit 33383 FIS /Cargo Processing Facility 33386 Taxiway Extension 36000 Incubator (USDA Powder Coating) IG Totals 1,669,916 122,035 r(0 Everglades Expenditures Project Cummulative -To -Date Current Current Budget Amount % of Bud. Y -T -D Month 639,000 626,456 98% 1,639 20,603 938 1,271,700 1,155,837 91% 459,157 21,692 350,000 327,246 93% 64,287 5,910 1,070,000 983,581 92% 812,928 40,197 500,000 21,821 4% 21,821 986 250,000 250,000 100% 4,323 33391 Totals 1,669,916 122,035 r(0 Everglades 33394 Rehabilitation of Runway Lights 125,000 97,017 78% 97,017 50,571 46003 Taxiway Extension 286,000 20,603 7% 20,603 938 Marco 33330 Environmental Mitigation (Phase II) 250,000 136,839 55% 5,846 33348 Rehabilitate Parking Lot 63,750 63,750 100% 63,750 33375 Wetlands Mitigation (Land Acquisition) 250,000 121,369 49% 118,546 1,741 33391 Vegetation Mngmnt (Clearing & Filling) 250,000 228 0% Totals 1,669,916 122,035 r(0 AGENDA SUMMARY NOVEMBER 10, 2003 AGENDA ITEM NO. C -4 WRIGHT BROTHERS PROCLAMATION ADMINISTRATIVE Summary: At the approved to proceed with the Wright Brothers' Centennial Expo at the Marco Island Executive Airport which has been scheduled for Wednesday, December 17, 2003. Staff requests that the attached Proclamation be presented at the December 16, 2003 Board of County Commissioners meeting as a commemoration of the first powered manned flight. Recommendation: Approve Proclamation to be present at the Board of County Commissioners December 16, 2003 meeting. 0 6 PROCLAMATION � ()1 WHEREAS, On December 17, 1903, the Wright Brothers accomplished the first manned powered flight of a "heavier than air" aircraft, and thus opened the door to some of the greatest accomplishments and adventures ever witnessed by human-kind; and WHEREAS, Collier County Florida has provided general aviation facilities at Everglades City, Florida; Immokalee, Florida, and Marco Island, Florida; and WHEREAS, Collier County Florida is home to aeronautical service providers including Airworks Enterprises; Hornet Flight Training; Ian Groom Air Shows; Marco Aviation; Suncoast Sportplanes; Wings, Inc.; Chevron and others; and WHEREAS, Collier County Florida is home to the Lorenzo Walker Institute of Technology, a school for instruction of aviation skills; a Marco Island Senior Civil Air Patrol Squadron, and Collier Model Aeronautic Club; and WHEREAS, Aviation is a growing economic engine and, as a transportation source, connects Gulf Coastal areas with a wide range of markets throughout the country with seasonal sea foods; sporting and recreation venues, tourism and business destinations; and WHEREAS, The future of aviation is dependent upon a well - informed and educated populace, and this celebration of powered flight is also a celebration of the ingenuity and creativity of Americans and America's contributions to air and space flight. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that December, 17, 2003 be designated as: A COMMEMORATION OF THE FIRST MANNED POWERED FLIGHT DONE AND ORDERED THIS 16TH day of December, 2003 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK AGENDA SUMMARY NOVEMBER 10, 2003 AGENDA ITEM NO. C -5 CHANGE ORDER POLICY ADMINISTRATIVE Summary: The county purchasing department has adopted new procedures relating to change orders. Previously change orders of 10% of the overall project budget or less required no notification to the board. The new procedure requires that all change orders be reported to the board. From this point forward all change orders for 10% or less will be placed on the consent agenda. Recommendation: For informational purpose only. 19 AGENDA SUMMARY NOVEMBER 10, 2003 AGENDA ITEM NO. C -6 BUDGET AMENDMENTS FOR FAA GRANTS ADMINISTRATIVE Summary: An Executive Summary and a Budget Amendment must be approved by the Board of County Commissioners to (1) create budget authority for the expenditure of funds awarded under the FAA grants, and (2) to reallocate previously budgeted funds to satisfy the FAA match requirements and to meet FDOT match requirements on existing projects. Recommendation: Approve the Executive Summary and Budget Amendment to be submitted to the BCC for a budget reallocation to meet FAA and FDOT match requirements. A copy of the Executive Summary and Budget Amendment will be distributed at the Authority's meeting on November 10, 2003. ,.,, M .t6(1 "r 01e12 Coffier Coui ni ty ,iraort A uthoril 0 General Correspondence [A 16K3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 16K4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 161(5 MEMORANDUM Date: December 19, 2003 To: David Weigel, County Attorney Office of the County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Retention Agreement with Nabors, Giblin & Nickerson, P.A. Enclosed please find one (1) original document as referenced above, Agenda Item #16K5, as approved by the Board of County Commissioners on December 16, 2003. One original is being retained for the record. If you should have any questions, please contact me at 732 -2646 Ext 7240. Thank you, Enclosure 6K.5 RETENTION AGREEMENT WITH NABORS,GIBLIN & NICKERSON, P.A. This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County "), and the law firm of Nabors, Giblin & Nickerson, P.A., of Tampa and Tallahassee, Florida ( "Nabors, Giblin ") Whereas, Nabors, Giblin has special expertise and resources in a wide range of legal matters, with particular expertise in local government law, including taxation and revenue, bonds and finance, legislative matters, impact fees and utilities; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Nabors, Giblin. Now, Therefore, in consideration of the premises contained herein, the County hereby hires and retains Nabors Giblin and Nabors Giblin hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION; METHOD OF PAYMENT 1.1 Compensation shall be paid to Nabors, Giblin in accordance with the terms set forth in Exhibit A, and Exhibit B, attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit C, attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit D must be included with every invoice submitted for payment. Pagel of 22 6K 5 1.2 The rates set forth in Exhibits A and B shall remain in effect without change for a minimum of three (3 years) from the effective date of this Agreement. In the fourth and fifth years of the Agreement, upon the request of Nabors, Giblin, the County Attorney is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) per cent without approval by the Board of County Commissioners. In the negotiation process, Nabors, Giblin must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.) 1.3 Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Nabors Giblin to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost - effective for the County, Nabors Giblin agrees to the following procedures and billing limitations for multiple attorney assignments. 1.3.1 A primary attorney will be identified for such projects or cases and that attorney will be the sole contact attorney for the County, except in the case of an emergency or the County's written pre - approval. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, court, arbitrations, mediations or other proceedings on behalf of the County. 1.3.2 Attorneys assigned to a project or case other than the primary attorney will be less senior attorneys with lower billing rates unless the additional attorney(s) Page 2 of 22 has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 1.3.3 Nabors Giblin agrees that internal or in -house conferences among multiple attorneys assigned to a project or case shall be kept to the absolute minimum necessary for the provision of the legal services in question. To the extent internal or in -house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill at his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Nabors Giblin agrees that it will discount the total billings for all attorneys involved in the conference by forty -five (45) percent. For example, if three (3) attorneys meet in conference for thirty (30) minutes and each such attorney bills at $200.00 per hour, the total billing to the County for that conference shall be $300.00. If the same three (3) attorneys meet for two (2) hours in conference, however, the total billing to the County shall be calculated as follows: three (3) attorneys times two (2) hours times $200.00 equals $1,200.00 discounted by 45% equals total billing of $740.00. 1.4 Nabors, Giblin understands and agrees that its compensation relating to bond issues and financing shall be contingent upon the consummation of the applicable financing transaction (i.e., the issuance and sale of the financial instruments) unless otherwise set forth in Exhibit A. Nabors, Giblin further agrees that its fees for refunding of prior bond issues shall be the same as a new issue of bonds, unless otherwise set forth in Exhibit A. Page 3 of 22 1685^ . Nabors, Giblin shall submit invoices for compensation no later than sixty (60) days after the issuance of the bonds, notes or other financial instrument. 1.5 Nabors, Giblin may submit invoices for hourly work assignments pursuant to Exhibit B only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. 1.6 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure of Nabors, Giblin to comply with a term, condition, or requirement of this Agreement. 1.7 Payment shall be made to Nabors, Giblin at: Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive Suite 200 Tallahassee, Florida 32308 ARTICLE 2 BOND COUNSEL — SCOPE OF WORK 2.1 Nabors, Giblin shall serve as bond counsel to the County in connection with the issuance of Bonds. The duties of Nabors, Giblin as bond counsel shall include the following: 2.1.1 Review and advise the County as to the legal feasibility of any financing program proposed by the County's Finance Committee and advise as to the Page 4 of 22 compliance with applicable law and pending or proposed revision in the law, including U.S. Treasury regulations. 2.1.2 Reviewing any conduit bond issues for compliance with all applicable securities and tax law and regulations. 2.1.3 Advise as to procedures, required approvals and filings, schedule of events for timely issuance, potential cost - saving techniques and other legal matters relative to the Bonds, whether the financing is undertaken by competitive bid or negotiated sale. 2.1.4 When requested, attend conferences of County officials, staff members, the County's Financial Advisor, and if a negotiated sale is undertaken, representatives of the selected underwriters. 2.1.5 When requested, attend meetings of the Board of County Commissioners. 2.1.6 Prepare bond documents and any amendments thereto to authorize the issuance of the Bonds. 2.1.7 Prepare any trust indenture, escrow deposit agreement, trustee or paying agent agreement, and any other agreements or similar documents necessary, related or incidental to the financing. 2.1.8 Prepare all pleadings (e.g., complaint, notice of service, proposed answer, memorandum of law, proposed order, etc.) and conducting the validation hearing of any appeals related thereto or arising therefrom. 2.1.9 Review the transcript of all proceedings in connection with the foregoing and indicating any necessary corrective action. Page 5 of 22 16k 5 2.1.10 If sale is by competitive bid, assist in the preparation of the bid documents, notice of sale, evaluation of bids and any other documentation or action necessary to conduct a sale of the Bonds in the matter. 2.1.11 Review of the preliminary official statement and final official statement and preparation of the award resolution, any amendments thereto, for the sale of the Bonds and review of the bond purchase agreement, if any. 2.1.12 Prepare, obtain, deliver and file all closing papers necessary in connection with the sale and issuance of the Bonds, including, but not limited to, certified copies of all minutes, ordinances, resolutions and orders; certificates such as officers, seal, incumbency, signature, no prior pledge, arbitrage and others; and verifications, consents and opinions from accountants, engineers, special consultants and attorneys. 2.1.13 Issue standard, comprehensive bond counsel opinion as to the legality of the bonds, the security of their payment and the exemption from federal income taxation of the interest on the Bonds, as well as the customary opinion as to the accuracy of the Official Statement. ARTICLE 3 INSURANCE 3.1 In order to insure the indemnification obligation contained above, Nabors, Giblin shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than Three Million Page 6 of 22 Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Nabors, Giblin to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non - renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 3.2 Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. 3.3 Nabors, Giblin shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1 The term of this Agreement shall be for a period of three years to begin November 18, 2003 and to end on November 17, 2006, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of County, the continuation of this Agreement beyond the end of any fiscal year shall be Page 7 of 22 16R 5 subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) 4.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. 4.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 5 TERMINATION 5.1 This Agreement may be terminated by either party for cause upon ten (10) days' notice or by the County for convenience upon no less than thirty (30) days' advance written notice in accordance with the "NOTICES" section of this Agreement. 5.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 5.3 In the event this Agreement is terminated for convenience, Nabors, Giblin shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of County's election to terminate, Nabors, Giblin shall refrain from performing further services or incurring additional expenses under the term of this Agreement. Page 8 of 22 Ibl(5. Nabors, Giblin acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Nabors, Giblin, is given as specific consideration to Nabors, Giblin for County's right to terminate this Agreement for convenience. Nabors, Giblin's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. ARTICLE 6 RECORD AUDIT AND INSPECTION 6.1 County shall have the right to audit the books and records of Nabors, Giblin pertinent to the funding under this Agreement. Nabors, Giblin shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. 6.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Nabors, Giblin's records, Nabors, Giblin shall comply with all requirements thereof, however, no confidentiality or non - disclosure requirement of either federal or state law shall be violated by Nabors, Giblin. Page 9 of 22 1685 Y* ARTICLE 7 CONFLICT OF INTEREST 7.1 Nabors, Giblin states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part III, Florida Statutes (Code of Ethics). 7.2 It is important that Nabors, Giblin be independent and impartial in order to properly conduct its services to the County. Nabors, Giblin shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary party or in which Nabors, Giblin takes an adverse position to the County. 7.3 Neither Nabors, Giblin nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Nabors, Giblin's loyal and conscientious exercise of judgment related to its performance under this Agreement. 7.4 In the event Nabors, Giblin is permitted to utilize subcontractors, herein, to perform any services required by this Agreement, Nabors, Giblin agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 7.5 If at any time Nabors, Giblin's firm represents a client in matters having to do with the Collier County government, be it before the Board of County Commissioners or any other agency or division of Collier County government, Nabors, Giblin will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. Page 10 of 22 9.1 ARTICLE 8 INDEMNIFICATION Nabors, Giblin acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Nabors, Giblin, is given as specific consideration to Nabors, Giblin so that Nabors, Giblin shall at all times hereafter indemnify, hold harmless and, at County's option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Nabors, Giblin, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Nabors, Giblin under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 9 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. Page I 1 of 22 16ff _5 In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Nabors, Giblin, whether finished or unfinished, shall become the property of County and shall be delivered by Nabors, Giblin to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Nabors, Giblin shall be withheld until all documents are received as provided herein. ARTICLE 10 INDEPENDENT CONTRACTOR 10.1 Nabors, Giblin is an independent contractor under this Agreement. Services provided by Nabors, Giblin shall be subject to the supervision of Nabors, Giblin, and such services shall not be provided by Nabors, Giblin as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 11 NONDISCRIMINATION, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 11.1 Nabors, Giblin shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding Page 12 of 22 UR nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 11.2 Nabors, Giblin's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 11.3 Nabors, Giblin shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Nabors, Giblin shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 11.4 Nabors, Giblin shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment Page 13 of 22 advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 11.5 Nabors, Giblin shall not engage in or commit any discriminatory practice in performing the Scope of Services or any part of Scope of Services of this Agreement. ARTICLE 12 NOTICES 12.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand - delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: David C. Weigel, County Attorney Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR NABORS, GIBLIN: L. Thomas Giblin Nabors, Giblin & Nickerson, P.A. 2502 Rocky Point Drive Suite 1060 Tampa, Florida 33067 Page 14 of 22 16ff _5 ARTICLE 13 MISCELLANEOUS 13.1 WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 13.2 COMPLIANCE WITH LAWS Nabors, Giblin shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 13.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Nabors, Giblin elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 13.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. Page 15 of 22 16K5 13.5 PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 4 above. 13.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits A, B, C and D are incorporated into and made a part of this Agreement. DATE: ATTEST.. DWIGHT E. BROCK, CLERK,, -4 Chi I" signatime, TWOS ,) a �. -a , Approved as to fbr' :''and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLZnL__'i OUNTY FLORIDA By: TOM HENNING, CHAIRMA I a -1 cp- ao03 Page 16 of 22 1�Kg- NABORS, GIBLIN, & NICKERSON, P.A. DATE: By: Its: s/� a.,>�► t.�v �.� l,C STATE OF FLORIDA COUNTY OF G"t-= The foregoing Retention Agreement was acknowledged before me this c a of 2003, by '-A��Co d as 'af Nabors, Giblin & Nickerson, P.A., a Florida Professional Association, on behalf of the professional association. He /she is personally known to me e-• - of N6tary Pu4c Name of Notary Public typed, printed or My Commission Expires: Doris I Bergamini ; 1+Fi'CYfio D0199814 EXPIRES MY COMMISSION # tune 23, 2007 BONDED THRUTROYFAIN INSURANCE 'NC Page 17 of 22 16)r!; EXHIBIT A Size/Type of Issue Fee Bond issue - First $50,000 $1.00 per bond Bond issue — Second $50,000 $0.75 per bond Bond issue - Over $100,000 $0.25 per bond Bank Loan $15,000 flat fee NOTES: • In the context of the above, a Bond is a $1,000 increment of the principal amount of Bonds issued. Payment of the fee described herein shall be contingent upon successful issuance of the Bonds. Depending on the complexity, or lack thereof, of the legal work associated with the issuance of Bonds, the above fee schedule can be adjusted up or down upon the written consent of both parties. Page 18 of 22 161(.5 EXHIBIT B For professional services rendered, Nabors, Giblin's fee shall be based on the hourly rate as follows: $200.00 per hour for services provided by principals; $175.00 per hour for services provided by associates; $ 70.00 per hour for services provided by law clerks & paralegals. Nabors, Giblin's fee shall not exceed $100,000.00 without the approval of the Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by the Board of County Commissioners, must have Board approval prior to work being performed. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Nabors, Giblin.) In the event that Nabors, Giblin is required or requested to perform any additional or extraordinary services not herein contemplated, Nabors, Giblin shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance by County in its sole discretion. Nabors Giblin shall provide, at no cost to County, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Nabors Giblin shall provide said response within 30 days of receipt of the request. NOTES: • Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. Page 19 of 22 161( _5 EXHIBIT C In addition to the charges for professional fees set forth in Exhibits A and B, and the Schedules attached hereto, County shall reimburse Nabors, Giblin for out -of- pocket expenses reasonably incurred in the course of rendering such legal services, including costs of long distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F. S. Nabors, Giblin shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Nabors, Giblin shall submit invoices on a monthly basis for the payment of out -of- pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REQUIREMENTS The following represents Collier County's payment requirements for legal costs ➢ Your federal employee identification number must be on all invoices submitted. ➢ No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W -9 "Request for Taxpayer Identification Number and Certification" on file. ➢ Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered. ➢ Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Nabors, Giblin for retention and utilization of sub - consultants. Page 20 of 22 16KS•, ➢ Reimbursable expense must be verified by attached receipts or copies thereof. ➢ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. (mileage $0.29 per mile; breakfast $3.00; lunch $6.00; dinner $12.00). Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. ➢ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge. ➢ Car rentals required for travel should include compact or standard -size vehicles only. ➢ Common carrier travel shall be reimbursable at tourist or coach class fares only. ➢ Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit D must accompany each invoice. The certifying person must sign the Certification form and a description provided of the items, which are certified. ➢ Faxes shall not be reimbursed ➢ Legal Research costs ( Lexis- Nexis, Westlaw, etc.) shall not be reimbursed. Page 21 of 22 IT IS HEREBY CERTIFIED that: 1. 2 3 Q EXHIBIT D RTIFICATE has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; Each of the documents hereinafter identified and attached is a true and correct copy of the original record; Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. , Dated Period Covered: IN -HOUSE CHARGES: Photocopies: Mileage: OTHER (Copies of invoices required): Long Distance Calls Other: TOTAL: Amount copies @ $0.15 /each $ miles @ 0.29 /mile $ FOR THE FIRM Signed: Print Name: Title: Date: Page 22 of 22 16K6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 16K7 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 76, 2004 16K9 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 16, 2004 1�K10, MEMORANDUM Date: December 18, 2003 To: Mark Middlebrook, Senior Deputy Court Administrator Vee w From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: BCC Meeting 12/1612003 Agenda Item # 16(K)10; Grant -In -Aid Agreement For Child Dependency i� -x.303 Enclosed please find three (3) original document as referenced above, approved by the Board of County Commissioners on December 16, 2002 (Agenda Item #16K10). Kindly obtain the required signatures and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at 732 -2646 Extension 7240 Thank you. Enclosures 16K10 GRANT -IN -AID AGREEMENT FOR CHILD DEPENDENCY for Collier County, Florida This Agreement is made between the Justice Administrative Commission (the "JAC "), and the Collier Board of County Commissioners (the "Grantee ") on behalf of the Twentieth Judicial Circuit (the "Circuit ") as Grant Manager. The parties agree that: A. The JAC will pay the Grantee for expenditures made by the County Government in an amount not to exceed $43,952.76 for the period beginning July 1, 2003 and ending June 30, 2004. Payments will be disbursed quarterly upon receipt of properly completed reports noted in B(1) below. B. The Grantee will use grant monies provided under this Agreement to assist in the payment of costs incurred for Dependency Counsel in accordance with 39.013 (11), F. S. The Grantee will submit quarterly Dependency Court Representation Reports to the JAC no later than the 25`x' of the next month following the end of the quarter. 2. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. C. The Grantee, as a "Recipient" of state funds, will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as follows: In the event that the Recipient expends a total amount of State awards equal to or in excess of $300,000 in the Recipient's fiscal year, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with section 215.97, Florida Statutes, and applicable rules of the Executive Office of the Governor, the Comptroller and the Auditor General. Applicable rules of the Executive Office of the Governor, the Auditor General, and Comptroller, and other information pertaining to the Florida Single Audit Act can be found at http: / /www.fsaa. state. fl.us /statutes.asp #C 2. The Catalog of State Financial Assistance (CSFA) establishes that state funds were awarded to the Recipient through the Justice Administrative Commission. The CSFA number for this grant is 21.001. Information from the CSFA can be found at http://www.fsaa.state.fl.us/statutes.asp#C 3. In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the Justice Administrative Commission, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 4. The Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes, and the State Projects Compliance Supplement. The State 16K10 Projects Compliance Supplement can be found at http:// www .fsaa.state.fl.us /statutes.asp #C . Compliance includes submission of a reporting package as defined by section 215.97(2)(d), Florida Statutes. 5. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,000 in State awards. 6. Unless prohibited by law, the cost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by the Recipient as a result of the audit requirements of section 215.97 in relation to other audit requirements. The Recipient should allocate the incremental costs to all state projects for which it expended state financial assistance. 7. The Recipient shall submit copies of reporting packages required by section 215.97 to each of the following: a. The Justice Administrative Commission at the following address: Attn: Roy Neel, Accounting Director P.O. Box 1654 Tallahassee, FL 32302 b. The Auditor General at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302 -1450 8. The Recipient shall retain sufficient records demonstrating compliance with the terms of this Agreement for a period of 4 years from the date the audit report is issued, and shall allow the JAC access to such records upon request. The Recipient shall ensure that audit working papers are made available to the JAC upon request for a period of 4 years from the date the audit report is issued, unless extended in writing by the JAC. 9. Pursuant to section 215.97, the JAC, the Auditor General and other state officials may conduct additional audits or evaluations of state financial assistance provided to the Recipient under this Agreement. D. This Agreement is subject to the following terms and conditions: The JAC's obligation to pay the Grantee is contingent upon the availability of state funds lawfully appropriated for the purposes stated in Paragraphs A & B. 16K10 2. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with Rule 2.051, Florida Rules of Judicial Administration. 3. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. 4. If, in the judgment of the JAC, the Grantee for any reason fails to comply with the terms of this Agreement, the JAC will have the right to terminate the Agreement on 30 days written notice by certified mail. In the event of termination, the Grantee will return to the JAC all grant funds, except those expended in compliance with this Agreement, for reversion to the Grants and Donations Trust Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2004. STATE OF FLORIDA JUSTICE ADMINISTRATIVE COMMISSION Signed by: Name: Roy L. Neel Title: Director, Finance & Accounting Justice Administrative Commission Date: 10/27/03 GRANT MANAGER TWENTIETH JUDICIAL CIRCUIT Signed by: Title: Chief Judge, Twentieth Judicial Circuit Date: /9. 'U. 0.0 GRANTEE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY Signed b Name: f n iiennvin Title: O ho-ir -w-dn Date: I a . I (P — W03 Approved as to form & legal sufficiejticy 4Coun�tytorney ATTEST: '^ DWICHTE,.BR4CK,CL.Ek Dep Cie' Attest `I" to 4r •� COLLIER COUNTY FLORIDA A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARI G /,y To: Clerk to the Board: Please place the following as a: 10 ✓ ✓ ✓ Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Rick Grigg 2800 North Horseshoe Dr. LZtciG Gra t �►G' Naples, Fl. 34104 (239)659-5731 * Put name & phone number in advertisement. Date: November 14, 2003 Petition No. (If none, give brief description): AVPLAT2003- AR3673 (LODGINGS OF WYNDEMERE LOT 23) Petitioner: (Name & Address): Kenneth W. & Barbara Finn 146 Edgemere Way South Naples, F1 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) Jane Yeager Cheffy, Esq. 2375 Tamiami Trail North, Suite 310 Naples, Fl 34103 2) See list of abutting owners. Hearing before ✓ ✓ ✓ BCC BZA Other Requested Hearing date: DECEMBER 169 2003 Newspaper(s) to be used: (Complete only if important): ✓ ✓ ✓ Naples Daily News Other ✓ ✓ ✓ Legally Required Proposed Text: (Include legal description & common location & Size: PETITION AVPLAT2003- AR3673 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 23, ACCORDING TO THE PLAT OF "THE LODGINGS OF WYNDEMERE SECTION ONE" AS RECORDED IN PLAT BOOK 13, PAGES 8 THROUGH 12, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ✓ ✓ ✓ Yes ❑ No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 113 - 138320- 649030 Review y: Approved by: /" / Department Director Date County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBIT "A" 2) SEE LIST OF ADJACENT OWNERS DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ✓ ✓ ✓ County Manager agenda file: ✓ ✓ ✓ Requesting Division ✓ ✓ ✓ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY• Date Received: ." ��6 '� 3Date of Public hearing: _� ' %� ?i Date Advertised: i f 74 RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003- AR3673 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 23, ACCORDING TO THE PLAT OF "THE LODGINGS OF WYNDEMERE SECTION ONE" AS RECORDED IN PLAT BOOK 13, PAGES 8 THROUGH 12, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Jane Yeager Cheffy, Esq., as agent for the petitioners, Kenneth W. and Barbara Finn, does hereby request the vacation of a portion of the 10 foot wide Drainage Easement located along the rear of Lot 23, according to the plat of "The Lodgings of Wyndemere Section One" as recorded in Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 10 foot wide Drainage Easement located along the rear of Lot 23, according to the plat of "The Lodgings of Wyndemere Section One," 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 County's easement interests over and across the following portion of the 10 foot wide Drainage Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Pagel of 2 (( t BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White, Esq., Assistant County Attorney day of , 2003, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 Tom Henning, Chairman 17 .:�, A EXHIBIT "A" SHEET 1 OF 2 LEGAL DESCRIPTION AVPLAT2003- AR3673 A portion of Lot 23, The Lodgings of WYNDEMERE, SECTION ONE, recorded in Plat Book 13 page 8 of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Lot 23, The Lodgings of WYNDEMERE, SECTION ONE, recorded in Plat Book 13, page 8 of the Public Records of Collier County, Florida and run 38.45 feet along the arc of a curve concave to the Southwest having a radius of 1360.0 feet, a central angle of 1 °37'12 ", a chord of 38.45 feet and a chord bearing ofN83 °16'05 "W; thence run S05'55'1 9"W for 7.69 feet to the POINT OF BEGINNING; thence run S00 °59'41 "W for 2.32 feet to the intersection with the 10 foot easement line and a non - tangential point with a curve; thence run 29.48 feet along the arc of said curve concave to the Southwest, having a radius of 1350.0 feet, a central angle of 1 °15'04 ", a chord of 29.48 feet and a chord bearing of N84 °41'43 "W; thence run S89 °12'10 "E for 29.40 feet to the Point of Beginning, containing 32.5 square feet more or less. Prepared by: /3 Carol E. Nelson, PLS Florida Reg. No. 5013 330 Wilson Boalevard South Naples, Florida 34117 Date: Feb. 24, 2003 ADDWSS OF IWOIPE M 146 EDGEMERE WAY SOUTH POC = POWT OF COMMENCEMENT POB = PONT OF BEGAMG EXHIBIT "A" SHEET 2 OF 2 VPLAT2 03- AF3673 SKETCH OF 7A LEGAL DESCRIPTION THE LODGINGS OF WYNDEMERE, SECTION ONE LOT 23 PARCEL v 10' EASEMENT I SCREENED POOL LOT 22 w 0 .* I W I 3 z rwOPERTY / 10' U_ \ EASEMEN T 29.40' `° S89'12'10 "E N ^ f P �' B. EASEMENT L�yE C2 ' POOL ENCLOSLge£ LNf- l SCREENED IN f ` POOL AREA N 0 0 ENLARGED DETAIL THIS IS NOT A SURVEY. CLIENT: KENNETH W. and BARBARA FINN JANE CHEFFEY, ATTORNEY NORTHEAST CORNER OF LOT 23, LODGINGS OF WYNDEMERE, SECTION ONE P. 0. C. 7100�-C1 ONE STORY RESIDENCE LOT 23 CURVE 2 R= 1350.00' D= 01'15'04" A= 29.48' C= 29.48' C8= N84'41'43 "W CURVE 1 R= 1360.00' D= 01'37'12" A=38.45' C= 38.45' C8= N83'16'05 "W LOT 24 214 a3 BY: '�� - U, CAROL E. NELSON, PIS FIDRMA REG. NO. 5013 CAROL E. NELSON, P.A. PROFESSIONAL LAND SURVEYOR 330 WILSON BOULEVARD SOUTH NAPLES FLORIDA 34117 239) 304 -0055 SCALE: 1" -30.0' DWG. FILE SHEET DATE: Feb. 2003 CHK BY. C.E.N. 02411 Oro ' 1'1 D1V • 6 ,n C) r 4e, a cc O ui CD � r m riml St ! � cs ,r. cz F *' co " w � Y � Q cm vu go 'Was • n Fi *J ............. - �o W o m aaoc n o on -. o... .w mss:: cue a ; cu v-1 „ c °; R. • Q m ,^ 4 J L H i--r z� W cn Q �cr- CL O cis LL! ME LU Z d Q ,Q LLJ 0 � .� 3 c H p uj cr w i C3 F-* cc cc LU Lj - en LLJ m CL ° z CD E n 0 3C o cc � LL- O V Lij I-- cc C) Q Wa S Q Z C° cu v-1 CY) °; m m Ri z� U Q �cr- Cn W W c W 0 w w 0 a- a H � 3r. WO Q Q O Q a M + Z �-4° < ca Wa S Q = Details Current Ownership Folio N0.11 83465000400 Property Address 750 WYNDEMERE WAY 1 �% lge of 1 / ►' Owner Name WYNDEMERE COUNTRY CLUB INC Addresses 700 WYNDEMERE WAY City NAPLES 11 FL Zip 134105 - 7119 Legal FwYNDEMERE TRACT MAP REPLAT OF REPLAT TRACT GC -2 Section Township Range Acres —� Map No. Strap No. 19 49 17777726 11 174.22 11 41319 730300GC- 214819 Sub No 730300 11 WYNDEMERE TRACT MAP REPLAT OF REPLAT f' Millage Area r' Milla e 1� Use Code 38 IMPROVED COMMERCIAL 104 0 2002 Final Tax Roll Values Latest Sales History Land Value IL $ 4,061,416.00 ( +) Improved Value $ 3,555,586.00 ( =) Market Value 7,617,002.00 ( -) SOH Exempt Value $ 0.00 ( =) Assessed Value ( -) Homestead and other Exempt Value $ 7,617,002.00 0.001 ( =) Taxable Value $ 7,617,002.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date Book - Page Amount 071 1988 1362-1 $ 8,607,300.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083465000400 2/7/2003 Details uG� Paige 1 of 1 Current Ownership Folio No. 83340800000 Property Address 140 EDGEMERE WAY S Owner Name JEPPESEN, WARREN =& DONNA Addresses 140 EDGEMERE WAY S City NAPLES State FL Zip 34105-7107 Legal WYNDEMERE LODGINGS SECT -1 LOT 20 Section Township Range Acres Map No. Strap No. 19 IF 49 26 0.31 11 41319 — 11 7294001204B19 Sub No. 729400 WYNDEMERE LODGINGS SEC 1 �' Millaae Area Millaae 41se Code 1 SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values Land Value $ 127,200.00 ( +) Improved Value $ 250,545.00 (_) Market Value I $ 377,745.00 ( -) SOH Exempt Value JE $ 5,537.00 ( =) Assessed Value ( -) Homestead and other Exempt Value $ 372,208.00 $ 25,000.00 (_) Taxable Value $ 347,208.00 Latest Sales History Date I Book - Page Amount 081 1999 jj 2577-1574 $ 427,500.00 07/1995 2074-2207 $ 365,000.00 04 ! 1989 1431-254 —� $ 430,000.00 121 1987 1313-144 $ 365,000.00 11 / 1986 1233 - 197 $ 100,000.00 gun = nave uur homes- exempt vawe aue to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083340800000 2/7/2003 Details Page 1 of 1 - a Current Ownership Folio No.11 83340840002 Property Address 142 EDGEMERE WAYS Owner Name WHITBECK, WILLIAM R Addresses 142 EDGEMERE WAY S Cityll NAPLES State I FL —� Zipjj 34105 - 7107 Legal I WYNDEMERE LODGINGS SECT I LOT 21 Section Township Range Acres Map No. Strap No. 19 49 26 0.31--71 4619 11 7294001214B19 Sub No. Use Code 729400 1 WYNDEMERE LODGINGS SEC 1 SINGLE FAMILY RESIDENTIAL Millage Area 104 '' Millage p 2002 Final Tax Roll Values Land Value $ 127,200.00 M Improved Value $ 249,460.00 (_) Market Value $ 376,660.00 (-) SOH Exempt Value $ 19,023.00 ( =) Assessed Value $ 357,637.00 ( -) Homestead and other Exempt Value $ 25,000.00 (_) Taxable Value —$ 332,637.00 - —vw �ul nvmCS axempi vawe aue to cap on assessment increases. Latest Sales History Date Book - Page Amount 0711994 1965 -1455 $ 422,500.00 11/1986 1230-251 $ 375,000.00 O6 / 1985 1142 - 2370 $ 100,000.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083340840002 2/7/2003 Details - Page 1 of 1 I � � fl r Current Ownershi P Folio No. 83340880004 l Property Address 144 EDGEMERE WAY S Owner Name BUTTEREY, SCOTT E =& LINDA Addresses 1144 EDGEMERE WAY S Citv NAPLES 71 State FL Zip F34105 - 7107 Legal I MERE LODGINGS SECT I LOT 22 Section Township --]F —Range Acres Map No. I Strap No. 19 49 11 26 0.31 4B19 1 72940012241319 Sub No. 729400 WYNDEMERE LODGINGS SEC 1 '' Millage Area '' Millaae ' Use Code ( -} SOH Exempt Value SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values Land Value 1$ 127,200.00 ( +) Improved Value $ 245,557.00 ( =) Market Value $ 372,757.00 ( -} SOH Exempt Value �— $ 0.00 ( =) Assessed Value ( -} Homestead and other Exempt Value $ 372,757.00 F $ 0.00 ( =) Taxable Value r $ 372,757.00 SOH = "Save our Homes" exempt vawe aue to cap on assessmem increases. Latest Sales History Date Book - Page Amount 0812000 2712-85 $ 305,000.00 06 ! 1989 1448-846 $ 380,000.00 02 / 1986 1177 -1752 $ 100,000.00 The Information is Updated Weekly. http:// www. collierappralser .com/RecordDetail.asp ?FolioID= 0000083340880004 2/7/2003 Details Page 1 of 1 Current Ownership Folio No.11 83340960005 Property AddressIl 148 EDGEMERE WAY S Legal WYNDEMERE LODGINGS SECT I LOT 24 Section Township L Range Acres — Map No. Strap No. 19 1 49 71 26 0.32 41319 729400 124 Sub No. 729400 WYNDEMERE LODGINGS SEC 1 ' Millage Area " MiIlaae I �' Use Code 1 SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values Land Value —$ 129,744.00 ( +) Improved Value $ 223,455.00 (_) Market Value $ 353,199.00 ( -) SOH Exempt Value $ 0.00 ( =) Assessed Value ( -} Homestead and other Exempt Value L $ 353,199.00 $ 25,000.00 ( =) Taxable Value $ 328,199.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book -Page Amount O6 ! 2001 2843- $0.001 06 1 2001 2843 - 369 $ 0.00 041 1995 2045-2138 $ 355,000.00 03 ! 1989 1420-1459 $ 395,000.00 11 ! 1982 994 - 1319 �F— -i �3,400.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083340960005 2/7/2003 Details Page 1 of 1 �:.,. . 7C 1 Current Ownership Folio No. 83341000003 Property Address 150 EDGEMERE WAY S r Owner Name] JR, CARL W =& KATHIE H Addressesl DGEMERE WAY S City NAPLES I Statell FL Zip f34105 - 7107 Legal I WYNDEMERE LODGINGS SECT 1 LOT 25 Section Township 71 Range Acres Map No. Strap No. 19 49 11 26 0.29 F 41319 11 72940012541319 Sub No. 729400 WYNDEMERE LODGINGS SEC 1 "' Millage Area lf' Millage Use Code I 1 SINGLE FAMILY RESIDENTIAL 104 IL p 2002 Final Tax Roll Values Land Value [ $ 117,722.00 ( +) Improved Value 1E $ 426,551.001 ( =) Market Value $ 544,273.00 ( -) SOH Exempt Value $0.0-0-1 ( =) Assessed Value ( -) Homestead and other Exempt Value (_) Taxable Value $ 544,273.00 $ 0.00 F $ 544,273.00 ovn - oave vur names exempt vawe aue to cap on assessment increases. Latest Sales History Date I Book - P Amount 09/1989 1469-1481 IL $ 594,000.00 1211988 1401 -1866 1E $ 115,000.00 12 / 1987 1313 - 1540 If $ 104,500.00 flack to List The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083341000003 2/7/2003 Details Page 1 of 1 Current Ownership Folio No.11 83341040005 Property Address 152 EDGEMERE WAY S Owner Name ]I TENHOOPEN, PAUL E_& MARIAN P Addresses]l 152 EDGEMERE WAY S City NAPLES State FL —� Zip 3.105-7107 Legal WYNDEMERE LODGINGS SECT I LOT 26 Section Township Range Acres Map No. Strap No. 19 11 49 26 0.42 41319 11 7294001264BI9 Sub No. 729400 WYNDEMERE LODGINGS SEC 1 �' Mil lage Area'' Millage '' Use Code 1 —� 1 SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values Land Value $ 146,683.00 ( +) Improved Value L $ 299,963.00 ( =) Market Value $ 446,646.00 { -) SOH Exempt Value $ 6,596.00 ( =) Assessed Value { -) Homestead and other Exempt Value $ 440,050.00 $ 25,000.00 (_) Taxable Value $ 415,050.00 wn = wave vur names exempt vawe oue to cap on assessment increases. Latest Sales History Date —Book - Page —� Amount 081 2000 2709-1328 $ 440,000.00 04 ! 1999 2530-3011 $ 425,000.00 02 ! 1988 1326 - 998 $ 0.00 03 ! 1982 962-1927 11 $ 86,000.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083341040005 2/7/2003 74 Page 1 of 1 Current Ownership Folio No. 83343280009 Property Address 753 EDGEMERE WAY S Owner Name Addressesjj City BISSON, MARGARET L 153 EDGEMERE WAY S I NAPLES State I FL —1 Zip 34105 - 7108 Legal WYNDEMERE LODGINGS SECT I LOT 83 Section 19 Township Range Acres Map No. 11 49 26 0.28 41319 11 F Strap No. 7294001834819 Sub No. 729400 WYNDEMERE LODGINGS SEC 1' Millaae Area Millane use Code 1 SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values =Land $ 84,835.00 ( +) Improved Value $ 224,234.00 ( =) Market Value $ 309,069.00 ( -) SOH Exempt Value $0.00-1 ( =) Assessed Value $ 309,069.00 { -) Homestead and other Exempt Value $ 0.00 (_) Taxable Value $ 309,069.00 —n- oavC vur rnumes exempt vawe oue to capon assessment increases. Latest Sales History Date Book - Page —� Amount 0512002 3041 - 285 $ 237,000.00 05 /1996 2183-2363 —$307,500.001 051 1996 2183 - 2360 $ 307,500.00 02/1989 1416-627 E $ 82,500.00 02/1989 1416 - 624 $ 82,500.00 0711987 j j 1280-1 963 $ 66,000.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083343280009 2/7/2003 Details 1 of 1 Current Ownership Folio No. 83343320008 1 Property Addressli 151 EDGEMERE WAYS Owner Nam'el BELT, RICHARD B =& JESSIE B Addressesll 151 EDGEMERE WAYS Cityll NAPLES F State I FL I Zip F34105-7108 Legal I WYNDEMERE LODGINGS SECT I LOT 84 Section Township Range =1 Acres 11 Map No. Strap No. 19 49 IF 26 11 0.3 4B19 72940018441319 Sub No. 729400 WYNDEMERE LODGINGS SEC 1 " Milla a Area f' Millage " Use Code 11 1 1 SINGLE FAMILY RESIDENTIAL-----]I 104 11 0 � 2002 Final Tax Roll Values Land Value $ 86,640.00 ( +) Improved Value $ 230,104.00 ( =) Market Value $ 316,744.00 ( -) SON Exempt Value $ 13,070.00 (_) Assessed Value ( -) Homestead and other Exempt Value 11 303,674.00 $ 25,000.00 ( =) Taxable Value 11 $ 278,674.00 sUH = "save cwr Homes- exempt value clue to cap on assessment increases. Latest Sales History Date Book - Page Amount 09 / 1991 1648- 891 $ 0.00 01 1 1987 1245-1126 $ 66,000.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083343320008 2/7/2003 Details _ Page 1 of I Current Ownership Folio No, 183343360000 7F Property Address 1149 EDGEMERE WAY S Legaill WYNDEMERE LODGINGS SECT I LOT 85 Section Township Range Acres Map No. Strap No. 19 49 26 0.32 4B19 72940018541319 Sub No. 729400 WYNDEMERE LODGINGS SEC 1 "' Mfllage Area Isr Millaae ' Us ode 1 SINGLE FAMILY RESIDENTIAL 104 r 0 2002 Final Tax Roll Values Land Value $ 89,348.00 ( +) Improved Value $ 224,598.00 ( =) Market Value $ 313,946.00 ( -) SOH Exempt Value $ 11,890.00 ( =) Assessed Value ( -) Homestead and other Exempt Value $ 302,056.00 $ 25,000.00 ( =) Taxable Value $ 277,056.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book -Page Amount 12 / 1996 2258 - 365 $ 310,000.00 10 / 1995 2107-92 �$ 330,000.00 03/1991 1597-1677 $ 327,250.00 12 / 1985 1167-1955 $ 327,500.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083343360000 2/7/2003 Details Current Ownershij 7 Folio No 83343400009 Property Address 11147 EDGEMERE WAYS Page 1 of 1 Legal WYNDEMERE LODGINGS SECT I LOT 86 Section Township Range — Acres Map No. Strap No. 19 49 26 0.32 4819 7294001864B19 Sub No. 729400 WYNDEMERE LODGINGS SEC T---71 n Millage Arm " Milla -n Use Code 1 SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values Latest Sales History Land Value $ 89,348.00 ( +) Improved Value $ 182,454.00 (_) Market Value $ 271,802.00 ( -) SOH Exempt Value $0.00-1 (_) Assessed Value ( -) Homestead and other Exempt Value $ 271,802.00 $ 25,000.00 (_) Taxable Value $ 246,802.00 JUH = "bave Uur Homes" exempt value due to cap on assessment increases. Date Book -Page Amount 08 ! 2001 2872 -1152 —$ 335,000.00 10 ! 1991 1659-1685 $ 337,900.00 O6 ! 1987 -1277 -1586 $ 64,000.00 01 11987 1243 -1034 �— $ 60,000.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083343400009 2/7/2003 Details - Page 1 of 1 71 Current Ownership y Folio No. 183343440001 Property Address 1145 EDGEMERE WAY S Legal WYNDEMERE LODGINGS SECT I LOT 87 Section Township Range Acres Map No. Strap No. 19 49 26 0.31 r 4819 729400187412119 Sub No. 729400 WYNDEMERE LODGINGS SEC 1 ` Millage Area' Millaoe -': Use Code 1 SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values Latest Sales History Land Value F $ 88,445.00 ( +) Improved Value 1 $ 267,941.00 ( =) Market Value $ 356,386.00 ( -) SOH Exempt Value $6,690. 00 ( =) Assessed Value ( -) Homestead and other Exempt Value $ 349,696.00 $ 25,000.00 ( =) Taxable Value 11 $ 324,696.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date r -Book - Page Amount 04/2001 2813-759 $ 0.00 -69/2000 2726-475 $ 340,000.00 OS ! 1988 1372-2076 $ 320,000.00 09/1985 1155-857 $ 60,000.00 07 ! 1985 1148-274 $ 60,000.00 02 ! 1985 1120-1745 $ 60,000.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000083343 440001 2/7/2003 4 - 74 November 20, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Georgia: Please advertise the above referenced notice on Sunday November 30th, and also on Sunday, December 7th 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk Account No. PO# 912501 1'7q NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 16, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. THE BOARD TO CONSIDER PETITION AVPLAT 2003- AR3673 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 23, ACCORDING TO THE PLAT OF "THE LODGINGS OF WYNDEMERE SECTION ONE" AS RECORDED IN PLAT BOOK 13, PAGES 8 THROUGH 12, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development /Planning Services Section at (239) 659 -5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ann Jennejohn, Deputy Clerk (SEAL) County of Collier 17A s CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Dwight E. Brock 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor _'` Custodian of County Funds November 20, 2003 Jane Yaeger Cheffy, Esq. 2375 Tamiami Trail North, Suite 310 Naples, FL 34104 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673 Dear Ms. Cheffy: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jenne j n Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerknclerk.collier.fl.us 1 74 'County - of Collier . . CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts g 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 20, 2003 Kenneth W. Finn 146 Edgemere Way South Naples, FL 34105 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejoh Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk&clerk.collier.fl.us County cif Collier 7,4 .,� CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Dwight E. Brock 3301 TAMIANII TRAIL. EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 20, 2003 Wyndemere Country Club, Inc. 700 Wyndemere Way Naples, FL 34105 -7119 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWWIG.HT E. BROCK, CLERK Ann Jenn 'ohn Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerknclerk.collier.fl.us fl�nix 6 ler 1 7A , CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts g 3301 TAMIAMI TRAIL. EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 20, 2003 Warren Jeppesen 140 Edgemere Way S Naples, FL 34105 -7107 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK O�_ t-,4, Ann Jennejo Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (a�clerk.collier.fl.us bunty- ;of Collier 7A CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE g 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 20, 2003 William R. Whitbeck 142 Edgemere Way S Naples, FL 34105 -7107 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C� Ann Jennejoh Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Ernail- collie' clerk(Merk collier fl us County of-Collier 1 7 CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTIiOUSE Dwight E. Brock 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 41;3044 Accountant NAPLES, FLORIDA 3.4101 -3044 Auditor Custodian of County Funds November 20, 2003 Scott Butterey 144 Edgemere Way S Naples, FL 34105 -7107 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK a,(A,lti. Ann Jennejo Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.coMer.fl.us Email -col ierclerk@clerk.collier.fl.us C, ounty_of- Collier .� CLERK OF TIDE CIRCUIT COURT 17A Dwight E. Brock COLLIER COUNTY COURT11,QUSE 3301 TANIIAMI TRAIL EAT Clerk of Courts Clerk of Courts P.O. BOX 41:3044 Accountant NAPLES, FLORIDA 3.4101 -3044 Auditor Custodian of County Funds November 20, 2003 Barbara Hill & Robert W. 148 Edgemere Way S Naples, FL 34105 -7107 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejoh Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.coHier.fl.us Email- collierclerk@clerk.col ier fl us 'CountY - ofC61her I 7A _. CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY LOUR USE Clerk of Courts 3301 TAMIAMI TRAIL, EAST Clerk of Courts P.O. BOX 40044 1, Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds ..X November 20, 2003 Carl W.Liebert, Jr 150 Edgemere Way S Naples, FL 34105 -7107 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK D-Vull- Ann Jennej0 Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.c1erk.col1ier fl us Email- collierclerk axlerk.collier.fl.us 'bounty- �OfCollier - ,, CLERK OF THE CIRCUIT COURT aq Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL, EAST Clerk of Courts Clerk of Courts P.O. BOX 41:3044 Accountant NAPLES, FLORIDA 3,4101 -3044 Auditor :�f = Custodian of County Funds _e November 20, 2003 Paul E. Tenhoopen 152 Edgemere Way S Naples, FL 34105 -7107 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jenne3t n Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Ernail- collierclerkna clerk.collier fl us County of- Collier =} C 7A CLERK OF THE CIRCUIT COUR Dwight E. Brock COLLIER COUNTY COURTHOUSE g 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor f Custodian of County Funds November 20, 2003 Margaret L. Bisson 153 Edgemere Way S Naples, FL 34105 -7108 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej0 Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerkna clerk collier fl us County ; -ofCollier 17A CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 40044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor r Custodian of County Funds . Y November 20, 2003 Richard B. Belt 151 Edgemere Way S Naples, FL 34105 -7108 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jenne3o n Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- colUerclerkaclerk.col ier fl.us "County of Collier CLERK OF 7 THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL, EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA $.4101 -3044 Auditor Custodian of County Funds November 20, 2003 John De Vincent 149 Edgemere Way S Naples, FL 34105 -7108 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 0,�� Ann Jennejoifn Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.coMer.fl.us Email- qolIierc1erk@c1erk.col1ier.fl.us 'COUP �f Collier 7 74 Awom �t CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL, EAST Clerk of Courts Clerk of Courts P.O. BOX 43044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 20, 2003 Brian Wilson 147 Edgemere Way S Naples, FL 34105 -7108 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej hn Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- qo1Rerclerk@c1grkxo11ier.fl.us "NO of Collier 174 CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 20, 2003 David J. Hanson 145 Edgemere Way S Naples, FL 34105 -7108 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3673; Lodgings of Wyndemere Lot 23 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 2003, and again on Sunday, December 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- wwW.clerk.collier.fl us Email- collie _rclerkaa clerk colder fl us 17A Ann P. Jennejohn To: Georgia (E -mail) Subject: AVPLAT2003- AR3673 Hi Georgia! Could you please advertise the attached notice of public hearing on Sunday, November 30th, and again on Sunday December 7th, 2003. Thanks a bunch! Ann IM AVPLAT2003 -AR36 AVPLAT2003 -AR36 73,doc 73.doc Minutes & Records Ann P. Jenne john From: postmaster @clerk. col Iier.fl.us Sent: Thursday, November 20, 2003 3:54 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) ATT624858.txt AVPLAT2003 -AR36 73 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, November 20, 2003 3:44 PM To: Ann P. Jennejohn Subject: Delivered: AVPLAT2003- AR3673 LI AVPLAT2003 -AR36 73 <<AVPLAT2003- AR3673>> Your message To: Georgia (E -mail) Subject: AVPLAT2003- AR3673 Sent: Thu, 20 Nov 2003 15:53:17 -0500 was delivered to the following recipient(s): legals on Thu, 20 Nov 2003 15:43:47 -0500 1 1 AVPLAT2003- AR3673 Ann P. Jennejohn From: legals [legals @naplesnews.com] Sent: Thursday, November 20, 2003 3:55 PM To: Ann P. Jennejohn Subject: RE: AVPLAT2003- AR3673 rcvd to run nov. 30 and Dec. 7 georgia - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Thursday, November 20, 2003 3:53 PM To: Georgia (E -mail) Subject: AVPLAT2003- AR3673 Hi Georgia! Page 1 of 1 Could you please advertise the attached notice of public hearing on Sunday, November 30th, and again on Sunday December 7th, 2003. Thanks a bunch! Ann Minutes & Records <<AVPLAT2003- AR3673.doc>> <<AVPLAT2003- AR3673.doc>> 11/20/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 2 time in the issue on November 30`h and December 7th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. '✓ /J ( Signature of affiant) Sworn to and subscribed before me This 10th day of December ,2003 17" AVPi AT- 2003 AR3673. NOTICE OF PUBLIC HEAh�RIING. tNhoatithelsBoaerrdeof Cwint, on 16, All Persons speak or mzec py the Chair, I spokesperson for , grou or organlzatior may be allotted 10 min uttems to speak on or Persons wishing to have written or graphic ma• terials included in the Board a errda packets terial a minimum of 3 spectIve public hearing. In any case, written ma- terials Intended to be be s�d b tttla Bdoatrod the appr0prlate County staff a minimum of se en dogs prior 0 the �ublic neaNnp: All ma: erial used In resents tions before the Board will become a perma• nerd pattAf the - record. Any person who decides to a peal a decision of the BOVO WIN need a re• cord of the pprrooceedings ertaining thereto 4und unsure thatayver� m record of the proceed. cord Is e' is testi- mony and vidence upon which a appeal Is based. Any questions or con• be d camas shoal i- rected to Ric Grigg, Collier pev Ieou0rtty flt�Pla- at r � aFsectlonI BOARD—OF—COUNTY 1 MAN HENNING, CHAIR CDLERK WIGHT E. BROCK BY: t /s /Ann lennelohn (SEAQ y Clerk Nov. 30, Dec. 7 -- AD —3=7. (Signature of notary public) Harriett Bushon +: + MY COMMISSION a DD234689 EXPIRES JulY 24, 2001 BONDED TNRII TRC1 FAIN INSURANCE, INC 17" AVPi AT- 2003 AR3673. NOTICE OF PUBLIC HEAh�RIING. tNhoatithelsBoaerrdeof Cwint, on 16, All Persons speak or mzec py the Chair, I spokesperson for , grou or organlzatior may be allotted 10 min uttems to speak on or Persons wishing to have written or graphic ma• terials included in the Board a errda packets terial a minimum of 3 spectIve public hearing. In any case, written ma- terials Intended to be be s�d b tttla Bdoatrod the appr0prlate County staff a minimum of se en dogs prior 0 the �ublic neaNnp: All ma: erial used In resents tions before the Board will become a perma• nerd pattAf the - record. Any person who decides to a peal a decision of the BOVO WIN need a re• cord of the pprrooceedings ertaining thereto 4und unsure thatayver� m record of the proceed. cord Is e' is testi- mony and vidence upon which a appeal Is based. Any questions or con• be d camas shoal i- rected to Ric Grigg, Collier pev Ieou0rtty flt�Pla- at r � aFsectlonI BOARD—OF—COUNTY 1 MAN HENNING, CHAIR CDLERK WIGHT E. BROCK BY: t /s /Ann lennelohn (SEAQ y Clerk Nov. 30, Dec. 7 -- AD —3=7. y 3316412 OR. 3468 PG; 1899 RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL `y 12/19/2003 at 02:22PK DWIGHT B. BROCK, CLERK RBC FEE 19.50 COPIES 4.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 RESOLUTION NO. 2003- 4 61 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003- AR3673 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 23, ACCORDING TO THE PLAT OF "THE LODGINGS OF WYNDEMERE SECTION ONE" AS RECORDED IN PLAT BOOK 13, PAGES 8 THROUGH 12, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Jane Yeager Cheffy, Esq., as agent for the petitioners, Kenneth W. and Barbara Finn, does hereby request the vacation of a portion of the 10 foot wide Drainage Easement located along the rear of Lot 23, according to the plat of "The Lodgings of Wyndemere Section One" as recorded in Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 10 foot wide Drainage Easement located along the rear of Lot 23, according to the plat of "The Lodgings of Wyndemere Section One," 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 County's easement interests over and across the following portion of the 10 foot wide Drainage Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Pagel of 2 OR; 3468 PG; 1900 17A BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this ! day of DeCeMber , 2003, after motion, second and majority vote favoring same. DATED: 10'- )(P-X03 ATTEST: DWIGHT F.•16`�er putlerk'•. - �. Approved as to form and legal sufficiency: Patrick G. White, Esq., Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning, Chairman Page 2 of 2 17 A OR; 3468 PG; 1901 EXHIBIT "A" SHEET I OF 2 LEGAL DESCRIPTION AVPLAT2003- AR3673 A portion of Lot 23, The Lodgings of WYNDEMERE, SECTION ONE, recorded in Plat Book 13 page 8 of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Lot 23, The Lodgings of WYNDEMERE, SECTION ONE, recorded in Plat Book 13, page 8 of the Public Records of Collier County, Florida and run 38.45 feet along the arc of a curve concave to the Southwest having a radius of 1360.0 feet, a central angle of 1 °37'12 ", a chord of 38.45 feet and a chord bearing ofN83 °16'05 "W; thence run S05'55'1 9"W for 7.69 feet to the POINT OF BEGINNING; thence run S00 °59'41 "W for 2.32 feet to the intersection with the 10 foot easement line and a non - tangential point with a curve; thence run 29.48 feet along the arc of said curve concave to the Southwest, having a radius of 1350.0 feet, a central angle of 1 °15'04 ", a chord of 29.48 feet and a chord bearing of N84 °41'43 "W; thence run S89 °12'10 "E for 29.40 feet to the Point of Beginning, containing 32.5 square feet more or less. Prepared by: 31/4 Carol E. Nelson, PLS Florida Reg. No. 5013 330 Wilson Boulevard South Naples, Florida 34117 Date: Feb. 24, 2003 EXHIBIT "A" ORS A co C�:0p02 *** SHEET 2 OF 2 AVPLAT2003- AR3673 LEGAL DESCRIPTION ,� 7 THE LODGINGS OF WYNDEMERE, SECTION ONE LOT 23 PARCEL "G- %�� NORTHEAST CORNER OF LOT 23, LODGINGS OF WYNDEMERE, SECTION ONE 10' EASEMENT rn ADDRF55 Of FROM M, F --� ^ C 1 146 EDGEMERE WAY 500TH POG - POINT OF COMMENCEMENT I SCREENED POB = POWT OF BEGWIMG POOL LOT 22 Q I - - - - - -- �I ONE STORY RESIDENCE LOT 24 in / 3 PR Op - RTYLWE 1o' EASEMENT 29.40' `O cO S89'12'10 "E S) ^ P O. B. F EASEMENT LAVE 72 _ POOL ENCLOSURE LWE ' SCREENED N POOL AREA N / 0 ENLARGED \ DETAIL THIS IS NOT A SURVEY. CLIENT: KENNETH W. and BARBARA FINN LOT 23 CURVE 2 R= 1350.00' D= 01'15'04" A= 29.48' C= 29.48' CB= N84'41'43 "W CURVE 1 R= 1360.00' D= 01'37'12" A= 38.45' C= 38.45' CB= N83'16'05 "W 2� 4 a3 BY a�. CAROL E. NELSON, PITS FLORIDA REG. NO. 5013 CAROL E. NELSON, P.A. PROFESSIONAL LAND SURVEYOR 330 WILSON BOULEVARD SOUTH NAPLES FLORIDA 34117 239) 304 -0055 JANE CHEFFEY, ATTORNEY scmz: 1" =30.0' DWG. FILE: sI�ET DATE: Feb. 2003 CHK BY: C.E.N. 02411 1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: 7C( ply hi Ve* l ww**# w* w* www*#*# w# www##*#*#* w* www* w#****** w***** w*** ww***** w* w* w## # # * * * *ww *w #www * * # # #w #wwwwwwww ## * #www *wwwww *www # * # * * * # * #wwwwwww* Originating Dept/ Div: Trans Svcs/Transportation Operations Person: Marquita Kin Date: October 30, 2003 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet): Ron Stetler, Esq., Garlick, Stetler & Peeples, LLP, 5551 Ridgewood Drive, Ste 101, Naples, FL 34108 (Attorney for Imperial Golf Est HOA) Hearing before: ® BCC ❑ BZA ❑ Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. December 16, 2003 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ® Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT: TO ADD TRADE CENTER OF NAPLES, TRADE CENTER OF NAPLES REPLAT OF LOTS 44 & 45, INDUSTRIAL VILLAGE, INDUSTRIAL VILLAGE NO. 2, KATHLEEN COURT, LOT 155 J & C INDUSTRIAL PARK, AND J & C INDUSTRIAL PARK TO THE COLLIER COUNTY LIGHTING DISTRICT; BY DELETING IMPERIAL GOLF ESTATES UNIT 1, IMPERIAL GOLF ESTATES II, IMPERIAL GOLF ESTATES III, IMPERIAL GOLF ESTATES I ACCESS ROAD, IMPERIAL GOLF ESTATES 4, IMPERIAL GOLF ESTATES UNIT 5, AND RAILHEAD INDUSTRIAL PARK FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee inclu e dvertis%cost? Vi Yes 163610 - 649100 // Reviewed by: List Attachments: Executive Syhtyyfary, Ordinance A No If Yes, what account should be charged for advertising costs: 101- Date: lo D DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ® County Manager agenda file: to Clerk's Office ® Requesting Division ® Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received. �? } f �' Date of Public hearing: Date Advertised: 1,� w ORDINANCE NO. 2003- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72 -1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT: TO ADD TRADE CENTER OF NAPLES, TRADE CENTER OF NAPLES REPLAT OF LOTS 44 & 45, INDUSTRIAL VILLAGE, INDUSTRIAL VILLAGE NO. 2, KATHLEEN COURT, LOT 155 J & C INDUSTRIAL PARK, AND J & C INDUSTRIAL PARK TO THE COLLIER COUNTY LIGHTING DISTRICT; BY DELETING IMPERIAL GOLF ESTATES UNIT 1, IMPERIAL GOLF ESTATES II, IMPERIAL GOLF ESTATES III, IMPERIAL GOLF ESTATES I ACCESS ROAD, IMPERIAL GOLF ESTATES 4, IMPERIAL GOLF ESTATES UNIT 5, AND RAILHEAD INDUSTRIAL PARK FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 72 -1, AS AMENDED Section One of Collier County Ordinance No. 72 -1, as amended, is hereby amended to add the following geographic area into the Collier County Lighting District: All that land in the North 1/2 of Section 11, Township 49 South, Range 52 East Collier County Florida, which is more particularly described as: All of the North 1/2 of Section 11, Township 49 South, Range 29 East, less and except the South 1/2 of the Northeast 1/4 of said Section 11 and the East 1758 Feet more or less of the South 330 Feet more or less of the South 1 /2of the North 1 /2of the Northeast 1/4 of said Section 11 as described in O.R. Book 2412 at Page 1773, also being Lots 21 through 36 of Industrial Village Two an unrecorded plat by Bruce Green and Associates, Dated 6/18/1973 inclusive of the Public Records of Collier County, Florida. Section One of Collier County Ordinance No. 72 -1, as amended, is hereby further amended to delete the following geographic areas from the Collier County Lighting District: • IM Mr-TrMNET-Mr. . �Ti r -- •- _.�...�..s Sam r,�r.�N•�iatl�l�l�riK�tiV.�rr�K _ • � . � . . • rr r •• r rr r• -r r •• r rr Page 1 of 3 Underlined words are added; struck t4ough words are deleted �7c r • / • • r V_W. Rol. 1111"11103 WMW ONNIA • • _ _ • - Me / • • / / / i / • / / i • • • • • • • • - . / / / / / . - // - / • • • • / / / F, VMr.r_"111Kr.1rx97&T§1W9%0M r • / • • r • WAFM 1211 - riErr-1111 11 V_W. Rol. 1111"11103 WMW ONNIA • • _ _ • - Me / i • • • • • WAFM 1211 - riErr-1111 11 V_W. Rol. 1111"11103 WMW ONNIA • • _ _ • SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or Page 2 of 3 Underlined words are added; std words are deleted 170 re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 72003. ATTEST: DWIGHT E. BROCK, Clerk Appro ed as to orm and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman Page 3 of 3 Underlined words are added; StFUGIE through words are deleted 17C November 19, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending Collier County Ordinance No. 72 -1; Collier County Lighting District Dear Georgia: Please advertise the above referenced notice on Friday, December 5, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. /Account # 101- 163610- 649110 17C ` NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, December 16, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72 -1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT: TO ADD TRADE CENTER OF NAPLES, TRADE CENTER OF NAPLES REPLAT OF LOTS 44 & 45 INDUSTRIAL VILLAGE, INDUSTRIAL VILLAGE NO. 2, KATHLEEN COURT, LOT 155 J & C INDUSTRIAL PARK, AND J & C INDUSTRIAL PARK TO THE COLLIER COUNTY LIGHTING DISTRICT; BY DELETING IMPERIAL GOLF ESTATES UNIT 1, IMPERIAL GOLF ESTATES II, IMPERIAL GOLF ESTATES III, IMPERIAL GOLF ESTATES I ACCESS ROAD, IMPERIAL GOLF ESTATES 4, IMPERIAL GOLF ESTATES UNIT 5, AND RAILHEAD INDUSTRIAL PARK FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. An ordinance amending Collier County Ordinance No. 72 -1, as amended, which created the Collier County Lighting District; to add Trade Center of Naples, Trade Center of Naples Replat of lots 44 & 45, Industrial Village, Industrial Village No.2, Kathleen Court, Lot 155 J & C Industrial Park, and J & C Industrial Park to the Collier County Lighting District; by deleting Imperial Golf Estates Unit 1, Imperial Golf Estates II, Imperial Golf Estates III, Imperial Golf Estates I access road, Imperial Golf Estates 4, Imperial Golf Estates Unit 5, and Railhead Industrial Park from the Collier County Lighting District; providing for inclusion in code of laws and ordinances; providing conflict and severability; providing an effective date. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. 7 Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ann Jennejohn, Deputy Clerk (SEAL) County pf Collier 17C CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts g 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds November 19, 2003 Ron Stetlar, Esq. Garlick, Stetlar, and Peeples, LLP 5551 Ridgewood Drive, Ste. 101 Naples, FL 34108 Re: Notice of Public Hearing to amend Collier County Ordinance 72 -1; Collier County Lighting District Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, December 5, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jenne3tw Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- coRierclerknclerk.collier.fl.us Ann P. Jennejohn To: Georgia (E -mail) Subject: An Ordinance Amending Collier County Ordinance No. 72 -1 Hi again Georgia! Please advertise the attached on Sunday, December 5, 2003 Thanks, Ann Amending Ordinance amends Ordinance 72 -l.doc 72 -i.doc Minutes & Records 1 17r, Ann P. Jennejohn I 7r From: postmaster @clerk.colIier.fl.us Sent: Wednesday, November 19, 2003 4:32 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) A1T581065.txt An Ordinance Amending Collier ... This is an automatically generated Delivery Status Notification. Your.message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 17P, Ann P. Jenneiohn From: System Administrator [postmaster@ nap lesnews.com] Sent: Wednesday, November 19, 2003 4:22 PM To: Ann P. Jennejohn Subject: Delivered: An Ordinance Amending Collier County Ordinance No. 72 -1 L .1 An Ordinance Amending Collier ... «An Ordinance Amending Collier County Ordinance No. 72 -1>> Your message To: Georgia (E -mail) Subject: An Ordinance Amending Collier County Ordinance No. 72 -1 Sent: Wed, 19 Nov 2003 16:31:43 -0500 was delivered to the following recipient(s): legals on Wed, 19 Nov 2003 16:22:05 -0500 1 An Ordinance Amending Collier County Ordinance No. 72 -1 Ann P. Jennejohn From: legals [legals @naplesnews.com] Sent: Wednesday, November 19, 2003 4:36 PM To: Ann P. Jennejohn Subject: RE: An Ordinance Amending Collier County Ordinance No. 72 -1 rcvd to run dec. 5 georgia i luv your name jennejohn - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Wednesday, November 19, 2003 4:32 PM To: Georgia (E -mail) Subject: An Ordinance Amending Collier County Ordinance No. 72 -1 Hi again Georgia! Please advertise the attached on Sunday, December 5, 2003 Page 1 of 1 Thanks, Ann Minutes & Records <<Amending Ordinance 72- 1.doc>> <<Ordinance amends 72- 1.doc>> 11/19/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on December 5th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. z , d ( Sig6ature of affiant) Sworn to and subscribed before me This 9th day of December ,2003 rgnature of notary public) PA • PCB, Harriett Bushong p '- MY COMMISSION k DD234689 EXPIRES s July 24, 2007 BONDED THRU TROY FAIN INSURANCE, INC 72.1 NO 0 CbNSIDER T ORDINANCE Notice Is herebyy gl that on TUESDAY. 17C NOTE: All persons wish- Ing to speak on any agenda item must re01s- ter wtth the County ad- ministrator rioor It da sentation of Item to be addressed. individual speakers will be limited to 5 minutes on any Item. The Selec- tion of an Individual tc .g.,,zatlobehalf group 1, a apoKeapvraun I. group or organlzati may be allotted 10 rr utes to speak on Persons wishing have written .or 91 a f3 re- VubUc hearing. All ma- eriai used In presenta- tions before the Board will part of therecord a- Any person who decides to appeal a decision of the Board will need a re- many and evidenc upon which the appel BOARD OF- COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING, CHAIR MAN DWIGHT €, .$ROCK CLERK 7 ORDINANCE NO. 2003- 65 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72 -1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT: TO ADD TRADE CENTER OF NAPLES, TRADE CENTER OF NAPLES REPLAT OF LOTS 44 & 45, INDUSTRIAL VILLAGE, INDUSTRIAL VILLAGE NO. 2, KATHLEEN COURT, LOT 155 J & C INDUSTRIAL PARK, AND J & C INDUSTRIAL PARK TO THE COLLIER COUNTY LIGHTING DISTRICT; BY DELETING IMPERIAL GOLF ESTATES UNIT 1, IMPERIAL GOLF ESTATES II, IMPERIAL GOLF ESTATES III, IMPERIAL GOLF ESTATES I ACCESS ROAD, IMPERIAL GOLF ESTATES 4, IMPERIAL GOLF ESTATES UNIT 5, AND RAILHEAD INDUSTRIAL PARK FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 72 -1, AS AMENDED Section One of Collier County Ordinance No. 72 -1, as amended, is hereby amended to add the following geographic area into the Collier County Lighting District: All that land in the North 1/2 of Section 11, Township 49 South, Range 52 East, Collier County Florida, which is more particularly described as: All of the North 1/2 of Section 11, Township 49 South, Range 29 East, less and except the South 1/2 of the Northeast 1/4 of said Section 11 and the East 1758 Feet more or less of the South 330 Feet more or less of the South 1 /2of the North 1 /2of the Northeast 1/4 of said Section 11 as described in O.R. Book 2412 at Page 1773, also being Lots 21 through 36 of Industrial Village Two an unrecorded plat by Bruce Green and Associates, Dated 6/18/1973, inclusive, of the Public Records of Collier County, Florida. Section One of Collier County Ordinance No. 72 -1, as amended, is hereby further amended to delete the following geographic areas from the Collier County Lighting District: n , �. . . . ! OR • • 11 !, , . „ I DI Npl -x& I 4r. T.TNrr.qMP • IN ram um., Effn a •� �� Page 1 of 3 Underlined words are added; struok through words are deleted 7C a WIN Ing ... .. . NO M-01 .. .... .. Mr .. ... — NO 21� ATAWATAM ARA "1111 @1 I . . .... • prMINS A MINK L 11111110 ON ..._ . .. ,, .. . .. I r. . •.$ .. .. .. VIA . FMO X. .. LK . . . •. . . .. • .. a WIN SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or Page 2 of 3 Underlined words are added; figh words are deleted Ing NO M-01 •• Mr .. — NO 21� ATAWATAM I .... • prMINS MINT SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or Page 2 of 3 Underlined words are added; figh words are deleted Ing SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or Page 2 of 3 Underlined words are added; figh words are deleted re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 164h day of nber , 2003. DWT6HT,E. BROCK,,,Elerk Approye as to form and legal sufficiency: F. Ashton Assistant Collier County Attorney BOARD OF CqKJNTY 50MMISSIONERS COLLIER `Y RIDA` BY: TOM HENNING, Chairman Page 3 of 3 Underlined words are added; stresk-thfaugh words are deleted 1-W 17c STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -65 Which was adopted by the Board of County Commissioners on the 16th day of December, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 2003. DWIGHT E. BROCK Clerk of Courts.' 'and "'ftArk Ex- officio to -Board of County Commissi�oners CC By: Patricia 'L;N, 1M0 r,gan, Deputy Clerk'' "J