Agenda 03/04/1997 R¢OL~ZBX CO0'H~
AGENDA
Tuesday, March 4, 2997
9z00 a.m.
NOTZCEt ALL PERSON8 WISNINO TO SP~J~K ON ANY AGENDA ITEM
]t~Q~IESTS TO ADDIt~SS THB BOARD ON SD~J~CTS WHICH AR~ NOT
ON THIS AGENDA MUST BE SUBMIt'TED IN WItZTIIq~ ~
EIPLJ~WATZONTO THE COUNTY MANIt~B~AT LEA~T 13 DAYS PRIOIt
TO ~ DATE OF TH~ M~ETIN~ AND WILL BE HT.~RD UNDEIt
ALL ]I.~OISTE~BD PUBLIC ~PEAXBIS WILL BI L33~TlC~ TO Frv~
($) MIN'UTEB UNLBSI PrRMzIII'ON ]1'0~ ADD'rTZONAL TZM~ ZS
~ BY ~ CHAZ~NAN.
FOX 12f00 NOON TO 1tO0 P.M.
ii)
e)
2. PL~D~ OF ALLEGIA~C~
3. APPROVAL OF AGENDA AND CONS~TT A~END~
4. APPROVAL OF MIN1711{
February 11, 1997 - ~egular ~ee~ing.
S. PROCLAMATZONf ARD ~E~VZCE AWARD~
A. ~
(1) Proclamation expressing gra~i=ude and apprecia=ion co
=he officers, direc=ors, ~bers and volun=eera of
~he Friends of ~he Museum of ~he Everglades. To be
steep=ed by Paulene Reeves, Preslden= of ~he Friends
o! =he Museum of ~he Everglades.
(2) Proclama=ion proclal~ing Tuesday, March 4, !997 as
Rotary International Group S=udy Exchange Team Day.
To be accep=ed by Mike Davis.
(3) Proclama=ion proclaiming March 9 1~ as Friends of
gas= Naples Coa~aanl=¥ Park Week.
(4) Proclama=ion proclai~ing March 9 1~ as Friends of
Vineyards Communi=y Park Week.
e
($) Proclamation proclaiming March as Collier Coun=y
Parks and Recres=ion Monch. To be accepted by Marls
Ramsay, Director off Parks and Recreation.
(~) Proclama=ion proclaiming March 9 1~ as Friends of
Barafoo= Beach ~eek.
March 4, 1997
Carrie Morningstar - EMS - $ years
6. A~PROYAL OF CLERK'S REPORT
A. ANALYBIS OF CHANGES TO 2tZ0K~tVES FOR COHTIHGENCIES
1. General Fund (001}
2. Community Development Fund (113)
3. Facilities Construction Fund (301)
7. PUBLIC PETITION~
A. William W. Thomas regarding an EMS impact fee refund
(Continued from the 2/18/97 meeting).
B. rede Poeltl, President Collier County Medical Society
Alliance requesting a waiver of permit fee for she Second
Annual Wot~en's Health Week.
COUNTY MANA~EI'S REPORT
(1) S~aff review and reco~enda~ions relative
Ordinance 90-79, as amended, also kno~ a~ The Heron
~ke ~ which, according ~0 ~he re,ired
Re~r: luCia=ed ~ ~ha proper=y ~er/agen=, has no~
co~encmd cons~c=ion as defined in Sec=ion 2.7.~.4.
of =he Collier Cowry ~nd ~velopmen= Code,
resul=ing in several ~ssible courses of ac:ion for
the Board of County C~issioners ~o consider.
(2) S=lff review and reco~enda=ions roll=lye =o
Ordinance e8-83, as amended, also kn~ is The Naples
~lf Es=ares P~ which, according =o =he re~ired
S=a=us Re~r= su~i=~ed ~ =he pr~r=y o~er/igen=,
has no= c~nced cons=~c=ion ~1 defined in Sec=ion
2.7.3.4 o~ =be Collier C~=y ~nd ~velop~en~
re~ul=ing in severil ~lsible courses of action for
=he Board of Coun=y C~lssioners =o consider.
(3) Verbal =e~r= ~ s=aff on ~zard~s condl=lonl in
lake ire& ~ as Ayll~ ~ke in Sec. 4, T47,
(Con~inued ~r~ =he Miring of 2/4/97)
C. PUBLIC SERVICE~
D. ~UPPORT S~RVXCES
9. gOUNTY ATTO~U~Y'S ~PO~T
10. ~OARD OP C~ CO~MXSSXO)r~
A. ~ln=~n= of ~r ~o Environmen=al Policy Tec~ical
~vi~o~ Board.
Review o~ the Collier County ~ Hoc Co~ittee on Budge:
~roce~a Refo~'= Final Re~r~. (Co~. Hancock)
March 4, 1997
C. Resolution opposing legislative enactment of House Bill
207. (Co.=.. Constantine)
D. Presentation of the Collier County Jail Report by the
Collier County Productivity Committee. (Comm. Berry)
Discussion of the Board of County Commissioners' lobbying
policy. (Com~. Constantine)
12. AD'FERTIPED PUBLIC ~T.A=~.ZHG~ - BCC
14.
15. STAFF'S CO~ICATI~
All matterl listed under this ltmst ara considered to be routine
and action will bo taken by one ~otion without aep&zate
discussion o£ each itmm. X£ discussion is desired b~ · member of
the Board, that ltmm(s) will Be r~ed fr~m the Conlen~ A~en~
A. C0~gf0WI~ D~ELOPME~T & ~i~O'J~m~TAL
(1) Recommendation t~at the Board of County Commissioners
authorize the Chairman to sign the application for
the Florida Department of £nvironmental Protection
artificial reef grant for the Artificial Reef ~rogram
of Collier County.
(2) Recommendation to approve Lien Resolution for Code
Enforcement Calm No. $0819-079; owner of record
Jose Lull Carets, Luclla
(3) Recommendation to approve Lien Resolution for Code
Enforcement Case No. ~0920-022; owner of record -
Delio O. Condomina, Jose M. Condomina. ·
(4) Recommendation to approve Lien Resolution for Code
£nforcamm~t Case No. 6110¢-114~ o~nmr of record
Mimon Baron.
March 4, 1997
(5) Recommendation to approve Lien Resolution for Code
Enforcement Case No. 61107-060; owner of record
Lloyd G. Sheehan.
(6) Recommendation to approve Lien Resolution for Code
Enforcement Case No. 61016-055; owner of record
Lloyd G. Sheehan, Tr.
(7) Recommendation to approve for recording the final
plat of .Villages of Wyndemere".
(8) Recommendation to grant final acceptance of the
roadway, drainage, water, and sewer improvements for
the final plat of ,Northbrooke Drive'.
(1) Approve Change Order No. 2 to Johnson Engineering for
modifications to the East Naples Park Skateboard
Facility.
(2) Approve Change Order No.2 to Work Order No.
kPdBP-FT-96-4 with Wilson, Miller, Barton and Peek
Inc. to provide lighting and signalization design and
construction plans for Livingston Road Project No.
60061, CIE No. 53.
(3) ReTlest for Board approval to reimburse the Coconut
River Civic Association up to $2,$00 for the dredging
outlet of Coconut Rlv, r at Junction with main Golden
Gate Canal.
(4) Request for Board to adopt a Resolution and enter
into a Tran0portation Project Maintenance Agreement
with the Florida Department of Transportation (FDOT)
for Roadway Widening and Resurfacing on C.R. 846 from
S.R. 29 easterly to the Hendry County Line.
(1) Reco~mendation that the Board of County Commissioners
authorize the correction of a scrivener's error to a
construction agreement favor a grandstand at Bugden
Regional Park.
(2) Recommendation that the Board of County Commissioners
approve an inter-local agreement between Collier
County and the City of Everglades for minor park
improvements in Everglades City in return for County
use.
SUPPORT SERVICES
(1) Recommendation for the Board to consider a Settlement
and Release regarding * Collier County Employee.
Budget Amendment Report.
F. BOARD OF COUNTY
G. MISCELLANEOUS CO~/~ESPONDENCE
(1) ~iscel!aneous Items to File for Record with Action as
(2) Certificate of Correction: NEED MOTION authorizing
the Chairman to sign Certificate of Correction to the
tax rolls ss presented by the Property Appraiser's
4
March 4, 1997
N~r~h ~ 1997
the Friends of:he Museum of the Everglade: has play~d a significant role in
preserving th~ htztory of Collfer County's tarly growth and development; and
since 1992. the Friends have actively worked to rtstort tl~ Evergladas City
laundry building, a de.~tgnated STortda historic lanWm~k and one of t,~ few
remaining struc,'ure$ built by Barron Gtfl Collitr; and
the Friends have collected and pledged over $$$.000 In g095 of r,~ney, timer and
trtat~rlal$ ta re,tOre the laundry to serve ax a regional history muat~-n and a
lasting remtnder of Collter County 's fourgflng in 1923; and
re'HE~,
in partnership ~rh Collier County Govenonent. In 1996 the Friends were
irtrtrumentai !n securing a Special Category Htrt~c Preservation grant of
$$60,902 for the protect from the Florida De--ne of State; and
wi:hour the tirel~
Collier ~
voi~ntte~ an important part of
NO ~ THEREFORE.
Co~cnt
the
Museum of tl e
~ to ~n.na~ that the
DONE AND
ATTE3'T:
DF,'/GHT E~ BROCF.. C.ERK
Pg. /
PROCLAMA ZION
WHEREAS,
~HERF_A&
NO FF Y'HEREFOR. E. be tt
we welcome the Rotary International Group Study Krchang~ Team from Rotary
International Dtatrict 2540 Sweden to Collier County, Florida; and
the Rotary Foundation of Rotary International Groarp Study Exchange Program,
hax sent to u~ a team of four proft.~ionaLr who are ~ Cottttr County to
study our i~titurionJ and way~ ofltfe; and
the team members will al~o observe the practice of their own prof~ion, l and
exchange ideal; and
the team ta able to pe. rsonally ~per~ence famtly !tfextyle$ al they are ho,reed by
Rotary Clubs of Collier County and gtven accommodationr in local homes: and
the Rotary Foundation l~ a nonprofit cortn~rarlon xupporfed by Rotarlanr and
others worldwide. Its object~ it the achievement of world understanding and
t>eace through Internatfi e&tcarlonal progra~.
of Collier
DONE AND
4th
0
PROCLAHA TION
the Friends of Eazt Naples Community Park are an integral part of the Collier
County Par~ System; and
during the pa~t year, the Eazt Naples Friends organization has supplied $2,800
in revenue; and
this money will be distributed to park Improvements and program scholarships
for children; and
the Frtend~ ha~ run vartou~ special events such az the Eazt Naples Community
Celebration; and
the Frtend~ of Eazt Naples Community Park htr.,e zupplled the Park with over
the East Naples Frtench have pledged to conttnue tht~ endeavor of enrichment of
the F. azt Naples Community; and
the Friends
additional
the
NOW
sst members and many
County their presence.
that
to t~ membership
ltts
both that an, In our
the itment to
9th-15th be
honort
DONE A ND ORDEg~D
Collier County.
DI~IGHT E. BROCK. CLEt~
20UNTY COMMISSIONERS
COUNTY. FLORIDA
AGENDA ITEH
no. ~'. 2~,
PROCLAMATION
PtTtEREAS,
NOW TIIEREFOR. E, be tt
Court,
the Frtend~ of Vineyard~ Community Park are an integral part of the Collier
County Parka S)attm; and
during the poet two years, the Friends organization hoe raLred and donated
$$, 790 to the Recreattcn Program of Collier County; and
this mon~ tt ~tt aztdt for V~neyardz Community Park improvements; ami
the Friendz have organized and provided several special events, ruch az the 4th
of July P, azh, the Ltppizon Stallion Show, und R~doiph Ltght~ Up the Night
the Frlen~ of that Park at Vtneyardr Community Park have a regular
membership of. five members with many acldltlonal ~olunteer$; and
the prog,'am of events and quality of park service would I~ reduced without
their efforts.
~f Collt~r
t~ extended to th~
r Comnmntty
Park external customerz
We, the Board of
qualtty Park~ and
DONE AND
DWIGHT £ BROCK. CLERK
TIMOTHY L. HANCOCK, MCI', CHAIRMAN
AG£NDA .ITEM
HAR0 1997
pROCLAMA TIOH
on February 22, 1972, the Collier County Board of County Commissioners
established a Department of Parks and Recreation to offer recreational facilities
and prograrns for residents and visitors to Collier County; and
February 22. 1997, has marked the 2§th year of the County Parks and
Recreation service to our community; and
this year over.five million visitors and residents visited and uttltzed the
recreational facilities and parks in Collier County; and
the current County Parks Department provides over 400 acres of community
park lands and tncludes over 700 acres in Its Regional Park Land Inventory;
and
the Collier County Parks and Recreation Department has made progress in
provtding parks and recreation to the public in the past 25 years; and
encouraged to visit the parks.
residents and visitors '~ ""': ~'~'~ ~ by the Collier
beaches, and to the month.
NOW THEREFORE.
'he Board of Collier
the month as
CO L~ cO~ ~ t TION MONTH
~ the 2§th,
DONE AND
COUNT .
AiCP,
DWIGHT E. BROCK. CLEI~K
AGE NI~ ,,ITEM
No._ ~./q' · .
HAR 0 1997
P~ROCLAMA TIO~
the Friends of Barefoot Beach are an integral part of the Collier County Parks
and Recreation z'ystem; and
during the past zix years, the Friend~ organ, ration ha~ donated in zxce~ of
$20.000 to our public park$; and
WHEREAS,
the Friends of Barefoot Beach have developed the EMro:arian and Learning
Center at Barefoot Beach: and
IYHEREA$, the Friends of Barefoot Beach organization now contalr~ $20 members; and
~flIEREAS, the quality of life in Collier County wou,'d be reduced without thetr prtse'nce.
NO~F THEI~FORE, be tt proclaimed by the Board of County Commt.~ontr~ of Collier
County. Florida. that extreme gratitude and appreciation L~ zxtended to the
membership of the Friends of Barefoot Beach for thttr ~ucce.~$ful partnerxhtp
between the public community. It i~ accepted by both
that an
in our
our c~
do realTmn
' the week of March
DONE AND
D~'IGHT E. BROCK. CLERK
AG£N~A~- ITEH
·
COLLIER COUNTY MANAGER'S OFFICE
February 11, 1997
William W. Thom~, D.D.S., M.S.
311 Turtle Hatch Road
Naples, Florida 34103
3301 E. TAMIAMi TR.
NAPLES, FL 34t12
(94 ~) 774-8383
FAX (941) 774-4010
A O::,RTIlIi£D BLUE CHIP COMMUNITY
Re:. Request for Public Petition - EMS hnpact Fee Refund
Dear Dr. Thomas:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of February 18, 1997 regarding the above referenced
subje<L
Your petition to the Board of County Commissioners will be limitmt to ten minut~-~.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:.09 a.m. in the Board's Chambers on the Third Floor of the
Administration Building (Building "F') of the government complex. Please arrange to
be present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact
this office.
Very truly yours,
Mi&h/el A. McNees
Interim County Manager
WND/bp
County Attorney
Vince C~utero, Commun'ty Development & Environmental Service
William W. Thomas, D.D.S.,
311 Turtle HatCh Road
Hap[es, FL 34103
(g41) 649-8104
February 6, igg7
County Managers Office
3301E. Tamiami Trail
Administration Building 2nd Floor
Naples, FL 34112
5417 Airport Rd. N.
Naples, FL 34109
Dear Sir:
I respectfully protest the assessment of an EMS Impact
Fee for my orthodontic office at 5417 Airport Road.
As an orthodontist, my services are performed on healthy
people. My clients are not medically compromised and
not be rendered so by my treatment. I do not administer
any sort of anesthesia, sedation or pain medication. Neither
do I prescribe any narcotic or non-narcotic analgesics,
hypnotics, sedative or tranquilizing drugs. I do not hold
a DEA number and neither do I prescribe any of the drugs
requiring such a number. This office would not be able
to be used by any other type of dental practitioner in the
future without major modifications requiring future county
permits.
I trust that upon consideration of the above you will
conclude that my new office will in no way impact the EMS and
that this fee should be refunded to me.
~Please place my hearing on the agenda at your earliest
convenience and advise me of the date and time.
Sincerely,
William [4. Thomas, O.D.S., M.S.
AGENDA ITEM
'%
COLLIER COUNTY MANAGER'S OFFICE
February 20, 1997
Dele Poeltl
President
Collier County Medical Society Alliance
1032 Goodlette Road North
Naple~, Florida 34102
3301 E. TAMIAMI TR.
NAPLES, F~. 34112
(941) 774-8383
FAX (941) 774-4010
A CERTIFIED BLUE CHIP COMMUNITY
Re: Request for Public Petition - Waiver of Permit Fee - Second Annual Women's
Health Week
Dear Ms. Peeltl:
Please be advised that you are scheduled to appear before the Coil/er County Board of
Commissioners at the meeting of March 4, 1997 regarding the above referenced subject.
Your petition to tho Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:.00 a.m. in the Board's Chambers on the Third Floor of the
Administration Building 03uilding "F") of the government complex. Please arrange to
be present at this meeting and to respond to inquiries by Board members.
If you require any fi~rther information or assistance, please do not hesitate to contact
this office.
Very truly yours,
Michael A. McNees
[nterim County Manager
WND/bp
cc:. County Attorney
Community Development Services Division
WOlV N'S I ALTH WEEK
Nell Don'ill
Collier County Manager
3301 Tami~ Trail East, Bldg. F, 2nd Floor
Naples, FL 34112
January 3 !, 1997
RE: Women's Health Week Rice - March 15, 1997 / Vineyards
Dear Mr. Don-ill,
The Collier County Medical Society Alliance (CCMSA), with the assistance of Gulf Coast
,E~, nners: is ~ ~ to sponsor a 5 mile Race/Trib~e Walk / Family Fun Day in the
vmeynnas u the kick-offevent of the Second Anneal Women's llealt~ Wee~ -
Pre-,,m ting C. an c~ Yl~ nm gb We#nets Llf t:n'yle (M',~h 15.21, 1990. Proceeds fi'om
the race and all other activities planned for this week will benefit local cancer education,
service and support ~roups. CCMSA would like to be placed on the Board of County
Commi~or~ agenda so that we may request · waiver of the SI25 county permit fee for
this charity er, mt.
Ifyou are not familiar with it, the 1996 Women'$ Health Week can-q:mign for Breast
Cancer awarmesa, education and support reached over 25,000 people through ·
com~ week4ong format of'events and raised over $35,000 for local brea~
e.~w. er support groups and services. In 1997, our primary interim will be to broaden ~
educational scoi~ to include other canc~ affecting women md reach an even larger
audience with the prevention message.
The 5 mile Race/Tribute Walk / Family Fun Day wu a great fanu~ event last year, wetl
received by all, and a wor~aer~ wayto kick-offthe week. The details oflbe race remain
unchanged from last ?~ar and nrc enclosed for your reference. Additionally, C, mlf Cotst
Runners will be supplying the ne~.~y cones for traffic control and we plan to ha~ a
number of'volunteers on ~ to help with directing vehicles. We have notified Ms.
Din,me Hag& Director of Emergency ,%trices and Lt. Bill Stiess oft.he ColFter Cota~
Sheriffs Department of<mr phms for this race.
Should you hav~ any further questions, I can be reached at 454 - 0[76. 'flmk you in
advance for your assistance in scheduling time for our request.
Sincerely,
Dede Poehl
President, CCMSA
March 15 - 21
AGEt:OA ITEM
CommissionerTimConsl~mt '~:,'2 .~
1082 Go<xtlette Rtmd North + Naples, Florida 8410~
· Preoenting Cancer rough Wellness Lifestyle
WOMEN'S HEALTH WEEK
1997 Women't Health Wee~
Saturday, March 15
7:.~ AM
Vineyards Community
Park, Vineyards
2nd Annual Women's Health Week Rat1
$ mile Run I Tribute Walk I Fmnily Fml Day
a fitH. ~alt~ w~ to celeb~te Wellz~.
~ici~te in the T~te Walk f~ a i~d
one, ~ e~ t~ disti~i~ ~W T~in
Tuesday, March It
$: 15 AM - No~n
Ritz-Carlton
Naple~
Tuesday, March 18
Noon
Ritz-Carlton
Napl~
Keynote Lancht~n w/LINDA ELLERBEE
nationally loved & respectea~ cneard-,~qnning
17' writer, producer & anchor, tells her
uplifting story about surviving Breast Cancer
(cowl life!} with one's set~e of humor intact
Guarm,teed to touch your life.
Wedne~tay, Mmx~ 19
11:30- 1:30
Naples Community
Hospital, Telford Bldg.
In - Service CEU Panel Dhcuulon
Expert panel provide CEU training for hospital
atnt medical o.l~qce personnel on pertDw,t ~x~men's
cancer topics
Free Resource Guide
Start "living in tke
pink" today/A~k
for ymtr free copy.
~he "THINK PINK"
March 15 - 21
Total Woman's Wdlness Gtdde: a clever.
very readable sx}men's "maintenance mmntaff that
takes a iight.&earted, but compelling, look at
positive lifestyle choices for preventing cancer and
other life-shortening illnesses,. Created, researched
and published by CCMSA.
CCSMA Educational Disnlay
Community Hospital, Main Librat
free information md materials on ~
Collier Cotmty Medical Socicty Allimxcc
10,~ Croodlette Road North · Naples, Florida 8-I102
F~;':". ,' 4
ellne.~s lifestyle
Preventing Cancer Through Wellness Lifestyle
Second~4nnual Women's Health Weel~
$ Mile Run/1 Mile Fun Walk
Race Detail~
7:30 AM
2 Hour~ ($ mile Race & Fun Walk)
200 - 300
Start on e~t ~ide of V'meyard~ Blvd. just north ofermance
~s up ~o eturanoe road to V*~ E1~xmtm~
School ending in ~m of~ ~~ ~ ~.
(S~ a~ ~).
· -.,-,. ,...,.,,,,,,,~uty ~ wm oegin aoou~ 8:30 AM and e~! ~ one hour later.
STAFF REVIEW AND RECOMMENDATIONS RELATIVE
TO ORDINANCE 83-47, AS AMENDED, ALSO KNOWN AS
THE HERON LAKE PUD, WitlCH, ACCORDING TO THE
REQUIRED PUD STATUS REPORT SUBMITTED BY THE
PROPERTY OWNER/AGENT, HAS NOT COMMENCED
CONSTRUCTION, AS DEFINED IN SECTION 2.7_t.4 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE,
RESULTING IN SEVERAL POSSIBLE COURSES OF
ACTION FOR THE BOARD OF COUNTY COMMISSIONERS
TO CONSIDER.
~ Staff is requesting that thc Board rtwicw staff's findings and
recommendations regarding thc above referenced PUD
CONSIDERATIONS;: This PUD was originally approved cn~ Scptcmb~ 6, 1983 and
amended o~ October 23, 1990 as Ordinance 90-79. Section 2.7.3.4 of thc Collier County
Land Development Code requirc~ that thc project developer submit an annual re'pon m the
prosre~s of dcx'clopmcrn, commencing on thc fifth anniversary of thc PUD approval by the
Board of Count),' Conwnissioners. Thc singular purpose of this report is to evaluate
whcthcr or not thc project has commenecd in omc'st in accordance with the criteria set
forth in Section 2.7.3.4. For those PUD's approved prior to thc cffective date ofadoption
of thc Land EL"'vcl~t Code, thc five year approval period cornmenc~ on thc adoption
date, October 30, 1991. Therefore, thc conditions sct forth in Section 2.7.3.4. are
applicable as of October 30, ! 996.
The above referenced PUD has been identified as a project ~hich was approved prior to
October 30, 1991 and which has not commenced construction as defined in Section
2.7.3.4. Staff has utilizv'l the required PUD status (monitoring) report, supplemented by
field observation and review of in house records to vcrlfx' thc current status of the PUD
and as thc basis of a recommendation to thc Board consisient with thc options provided in
Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows:
2. Z$.4.
lTme limits for approved PUD master plana In the event that a
PUD master plan is given approval, and the landcnvner(s) shall:
Fail to obtain approval for improvement plans or a
development order for all infrastructure improvements to
Include utilltles, roads and similar Improvements required by
the approved PUD master plan or other development orders for
at least 15 percent of the gross land area of the PUD site e~,ery
five ),ears of the date of approval b), the Board Of CounO,
Commissioners; and
tdAR 0 4 1997'
0
~ ~
l
®
~ ~
I:
[' I I
il
,:--m,*. / "~
~E.
Cl..
[
0
,~
0
.~.
~J
"~1 ~I~II~ ~
l
I
Il:
I:
I'
II~ 11~
II:
~ ~I~ ~el1~
Ill:
[
Il
1997
Fall to receive final local dtn'elopment orders for at least I$
percent of the total number of approved d~,elling unite in the
PUD, or In the case of PUD's conJlsting of nonresidential
30 percent of the total approved gross Ita~able floor m~t within
the PUD ertry r, lx j.tar~ of the date of approve bJt the iknrd Of
County Commlr~lonera
The tn~jA:t developer ~'hall tubmit to the Planning
Dh'ector a statut report on the protrest af
annual!! commencing on the fifth annh~mtary three of the Pr. ID
appraral by the Board Of County C~~rt. rite
singular purpose of the report will be to eraluate whether or
not the pro, lect hat commenced In earnest In accordance witlt
the criteria ~et forth above.
Should the Planning Services Dlrmrtor determine that the
dtn'eiopment bas commenced In earnest, then the land ShMI
retain Its ~xI~ting PUD appro,~l and shall not be ~tbjmrt to
a&fitlonal revlea~ and consideration of n~n~ deeel~t
standards or lttt modification.
Should the Planning Sera.ices Director determine that the
dtn.elopment has not commenced in earner, t, then upon rtn'iew
and consideration of the report prm'ided by the owner and any
sui~emental Information that may be prm'ided, the Board Of
Count). Commissioners Jhall elect one af the follawing:
To extend the current PUD approral for a maximum period of
two .rean; at the end of which time, the owner will again
~ubmtt to tire procedure a~ defined herzln.
2.
Require the turner to submIt an amended PUD in which the
ttnlmprm~l portions of the original PUD shall bt consistent
the Grmrth Management Plan. The ~l. vting PtlD shall
remain In effect #ntll subsequent action by the ~ of the
· ubmltted an~ndment of the PUD.
If the awner falls to ~ubrnlt an amended PI. ID within slx
months of Bmrrd at:~lon to require melt an amended tttbrnlttal,
then the Board ratty initiate proceedlng~ to rezone the
unlmprm, ed portloas of the original PUD to an appropriate
y. mring ctasslflcatton conrdstott ~ith the Future Land tJ~t
EleJ~ent of the Grm~th Management Plan.
MAR 0 1997
,3.
In the case of Developments of Regional Impact, time limit
restrictions shall be superseded by the phasing plan and/or tlme
limits contained withtn the application for development
approval and apprm, ed as part of a de~'elopment order in
conformance with F.$. :{380. 0(~
SYnoosi$ of Aooroved Land _Usesj The subjcc! 101.52 acre PUD ~as approved for 271
single family residential d~xelling units and 236 multi-family units for a maximum of 507
units. Thc PUD also co~tains a 21 acre recreation/commons area and · 17.5 acre water
Consi~tenc~ with Comorehensh, e Growth Manase,-r,~n;, ~snl ~ ~b~ P~ b
~i~ U~ R~tial m t~ Future ~ Usc E~ ~U~ of ~ G~
~~ (OMP). ~ ~ ~si~ in this a~ is 4 un~s ~ ~ ~ich ~I~ in 405
d~:lli~ un~. ~, appr~i~tely 36.48 ac~ i~ I~ ~thin t~ Ool~ Oate
~ity BaM ~xflich allm~ for th~ (3) a~itio~l unit~ ~ ac~ ~ ~t ~ni~ ~in ~
~. ~o~, ~ ~iti~] 109 d~elling units ~ ~ a~ to t~ ~ ~nt for a
g~ ~l of 514 unia. ~is ~ulis in an o~all ~si~' ofS.! uni~ ~r ac~. Si~ ~
pr~ ~ ~ f~ ~ly 507 units, ~ proj~'~ ~ity is 5.0 uni~ ~ ~ ~fiich is
~i~t ~dth ~ ~ity ~ting s)~t~ of tM GMP. ~ PUD is al~ d~ ~i~
~ t~ T~ffic Cir~ti~ EI~ aM t~ O~n S~atuml R~r~ E~t ~th
mi~r r~isi~ to ~ PUD ~t.
Consis~enc~ with the Collier County Land Develonment Code: The PUD has
distributc~ to the appropriate jurisdiction review emitics spocifically for review of the PUD
/'or consists., with current 'land development regulations. Based on that ~'cvie~v, the
follo~ng inconsistencies hay: been identified:
Transportation: Section 17 of the PUD (Traffic Impacts, access managem~L etc.)
changed to reflect current administrative regulation if the PUD is to be amended.
Environmental: Section 18 of the PUD (Pnxecaxl Spocics, 8rccn and opca
changed to refi~t current ref~ if the PUD is to be amended.
F..agi~eeHng: Se.~ions 19 & 20 ofth~ PUD (Sc~aBc/Walct, draia~e ismes)
chanscd to ~ current admini.sa~iv~ reguladon if thc PUD is m ~ amee~
STAFF COHHENTS:
Staffis of'the opinion that there is insufficient justification to rcquire a owncr to submit an
amcnd~ PUD simply because the PUD rcf'crcrg~ codcs that am now consolidated into the
bom changed in thc mos~ recent LDC ama',dmcnt. These rcfcnngcs am not made invalid
becau~ th~, changed or arc othen~ placed in a diffcrc~ ~ documcnt. Their
of d~edopn-,~ commi~ needed to make thc PUD consi~ with today's code
requiren~ms. Staffrt'vicw dc~ mx indicatc that thcre are any inconsismgics or emissiom
ar4dicable ~o subsequent rcquircd development approval~ (i.e. Platting and/or SDP's).
fiSCAL IMPACT; An amcndmem to this PUD, as rccamneraded by staffwiil have
no fiscal impact on Coti/cr Counly as thc appropriate PUD mmndngnt and othcr
a~licable fe~s till cow~ th~ cost_, of staff time associated ~xith review of said m'nendme~
and ~: co~ of adve.nising and public notice.
STAFF RECOMMENDATION;_ Bascd on a comprdemive revimv of' thi~ PUD
docmnn~ recorammds that thc Board of Count)' Commissionc~ gram a e, vo year
caemion of'the Hcro~ Lake PUD per the attactx:xt rcsolution.
RAY BgLLOWS
PRINCIPAL PLANNER
- OI~RT J. MUI..H£RE, AICT
DATE
CURRENT PLANNING MANAGER
am Ot.o, t XTt
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAl, SERVICES DIYL
4
:ION
MAR 0 4 1997
To: David C. We{gel
nnt~ A~r~m~y
From': Mzrjoric M. Student
Az~i~t County AV, orney
Date: November 18, 1996
Re: PUD Sunzerting Concerns
I have s~'er'a.I legal concerns regarding the $unsetting of PUDs should that involve
adjusting density, or land use. They are categorized in this memo. Additionally this is a response
to Attorney Richz.,xt Grosso's legal opinion to the Florida Wildlife Federation dated October 2 I,
1996.
I. Bert 3. Harris. Ir. Private Property Rights l~rotection Act (Section 70.01. Florida Statutes~
First of all, I disagree ~,-ith Ma'. Grosso concerning the grandfathering language of the
Property Rights Acc. He is correct in s:atlng that subsection 2.7.3.4. of the Land Development
Code CLDC) de~li~,_g with PUD sun, erring is not subject to the new law. However, he ignor:s the
fact that any PUD zmendments necess2ry to implement any BCC recommended changes to a
PUD document, including density reduction or a land use change, would require the adoption of
a new ordinance ~ would be subject to the Act. The date after which the law applies to
ordinance adoptions is May 1995. Subsection 2.7.3.5.5. of the LDC requires that any text chmge
to a PUD m~t be accomplished by ordinance. Moreover, Subsection 2.7.3.4 requires that should
the property ow'act not make the necer...,,ary PUD amendments required by the sunsetting pr6cess
then the BCC has the authority to rezone the PUD to an appropriate district. This too, v.'ou!d
have to be accomp~hed by an ordinance adopted after the "trigger date" set forth in the Act and
thus be subject to it.
I ~lso disagr~ with Mr. Grosso on the density reduction issue for the following reasons.
No Florida court Ins yet had the opportunity to construe any ofthe key terms in the Act.
Subsection 70.001(2) provides that [w]hcn a specific action ora governmental ehtity has
inordinately burdcued an existing use of real property/or a vested right to a specific use of real
property, the propcay owner of that real property is untitled to relief, which may include
compensation for the actual loss to the fair market value of the property caused by the action of
the government- The key terms are "e:dsting use", "vested right" and "inordinate burden."
AGENDA_ITEM
MAR 0 4 199?
~ov~Z~ 18, I~9~S
David C. Weig¢l '
PUD Stm$¢tting Co~xern.~
Pa$~ 2
The Act defines an existing use as: 1) an actual, present use or activity on the real
property; 2) periods of inactivity normally associated with or incidental to the nature or type of
use that takes place on the property; 3) such reasonably foreseeable, nonspeculative land uses
which are suitable for the subject property, are compatible with. adjacent land uses and which
have created an existing fair market value in the property greater than the fair market value of the
actual, present use or activity on the property. See Subsection 70.001(3)Co), ~,~.
A vested right, as defined in the Act, is determined by applying the principles of equitable
estoppel or substantive due process under Florida common law or applying the statutory law of
the state. Subsection ?0.001(3Xa), ~.
The Act defines an inordinate b~den as an action by one or more governmental entities
that has directly restricted or limited the u~es of the real property such that the property owner is
permanently unable to attain the reasonable investment backed expectation for the existing use of
the propertT or a vested right to a specific use of the real property with respect to the property as
a whole. Additionally, it can mean that the property owner is left with existing or vested uses
that are unreasonz.ble such that the property osvner permanently bears a disproportionate shall of
a burden imposed for the good of the public which in fairness should be borne by the public at
large. See Subsection 70.001(3)(e),
There is no 'bright ling" test to determi=e what a vested right is. These types of cases in
Florida have been determined on a case by c~e basis. Since our Zoning Reevaluation
was set up to de~l with this issue, an argument could be made that any property that passed
through that process and received an exemption pursuant to Subsection 106-40 of Article Il,
"Zoning Reevaluation", Chapter 106, "Planning" of the Code of Laws and Ordinances of Collier
County, Florida or z determination of vested stat~ pursuant to Subsection 106-46 of that
Ordinance could claim vested status.
Moreover, the Act defines "existing uses" broadly including those that are reasonably
foreseeable, nonspeculative, compatible and have created addi.tional fair market value on the
property over and above the existing use or uses. Re'zones from less intense and less dense land
uses to more inteuse, higher density land uses could have the effect of increasing fair market
value as in the case ora rezone from Estates to PUD or Agriculture to PUD - depending of
course, on the land uses permitted by the particular PUD. It is imposs~'ble to draw a -bright line"
here either as each PUD must be evaluated on its own merit. The opinion ora property appraiser
should be obtained as to the effect of the PUD zoning on any given parcel of land as well as any
future downzonlng on such parcel upon fair market value. However, an argument could be
made that any reduction in density or decrease in the intensity of land use on thc PUD parcel
could decrease the fair market value of the property and thus trigger the Act.
An argument could also be made that any downzoning of the PUD property has created
an inordinate burden ther~n since as a result, thc reasonable, investment backed e~ l-'-c.'-i~{~i~$[~
the property owner are not capable of being attained. Ofcoutze, this is a question f fact nnd~
0 4 '1997
O,vid C. Wds~I ·
Z'UD $~ Cooccms
cannot be uniformly ·pplied to ~y PUD subject to the su:setting. The term 'reasonable,
investment backed expectations" is not precis:. In f·cta recant article in the }'~nd IIs¢ Law &
~ stated that the concept ofiavesmaent-b·cked ..-~ectatioas remains an ambiguous
term that is difficult to apply. See "The WLsconsin Supreme Court Responds to Lucas", 48 L~nd
Use Law & Zoning Digest, No. 9 st page 6.
I therefore, conclude ti,at in order for the County to say within the Property Rights Act,
each PUD must be evaluated on its own merit before any ia:.~ use or density change can be
accomplished. Moreover, it is recomme~ed that the Coun::' work with the PUD property.
owner to ~chiev¢ · mutually beneficial
Besides triggering the Bert I. Harris, Ir. Private Progerty Rights Protection Act, if vested
rights are interfered with by · local government there is aa <uitable remedy in circuit cour~ - that
being a determination of vested slams a~! · resulting com"; :Mcr permit'thag the vested project to
occur as originally approved. The common hw elements of:'ested fights or equitable estoppel in
Florida are as follows: an act or omission of · govemmen~ entity upon which the prope~.
owner has relied in good faith and has made ~ch · subst~-':al change in position or incurred
such excessive obligations and expenses tl-~: i: would be N~ly inequitable and unjust to destroy
the fights he acquLred. Smith v. Ci~ of Clea_,'wz.'.er, 353 S:2d 651 (Fla. 2d DCA 1980) These
matters are determined on · case by case basis. There is r.c 'bright line" test. Therefore, a.'ly
downzoning that may result from sun, et-tag of any PU'Ds ~ould not interfere with a ye·led
fighL Once again, aa)' propeWy owner that was g'aated z· _-xemption or determination of vested
rights thcough the County's Zoning Reevaluation process =~'.; be able to claim vested status so
far as density or permitted la~d use is concerned. Moreov~, any property owner gaining PUD
approval since the adoption of the GMP ma.',' be able to ~""eve vested status by the donation of
right-of-way, creation of ea.sements for public pm-poses or ether related expenditures in favor of
the public and also related to the proposed development. .
III. lqarure of PUD Zoning
In Po _r!~ise Point Psrtner~hlp v. St_/oh_ns Count', 5.:2 So.2d 727 0:la. 5~ DCA 1959),
the Court opined that the nature of PUD zoning requir~ ccopera,tion betweeaa the property
owner and the zoning authority in creafi~ the overall pla:. Id. tt page 728. The Court held that
· planned special developmem by its very tmture must be s:ught by the property owner sad
cannot be imposed over an owners objection sad thus invzEdated · PUD rexone imposed solely
by the County. ~ at page 729. Collier Countlfs PUD r~..zirements are quite similar to the
planned special development requirements of St. lohn's Cc:mty al issue in
While the case did not address PUD =mendments, an zrgu=ent could be made by a property
owner that due to the consensual nature of PUD zoning be.~'een it and the local government, a
PUD amendment camaot be imposed upota the property, v,'i~out the owlaer's consent. There is no
case law dealing with PUD amendments on this point. I: "~ the opinion of the writer that in
lIAR 0 4 l!~7
~uch a c~ze, a court would balance the polke power intercs~ of'the local government aga/nst thc
privat~ intcrr, s~ of the prop~y ov, mer in determining wh~her or no! thc PUD am~dment is
valid.
Additionally, Isrn ~ed that ii'densities ~re reduced too ~reatly thc Cotmty may run
st'oul of the need to provide ~'ordable housinS pun'u~t to Subseciion 1633177(6)(0 of the
C_rrowth Management Ax:t. Addi~ioz~lly, there may be exclusionary zo-i-g problems such ss was
thc caze in South Burlin~on County_ NAACP v. Mt. Laurel Township. 67 lq. I. 151, 33(~ A.2d
713 (197Y) where ther~ w~ low d~ms|ty residential land use standards imposed uniformly
throughoul the Township.
I hope this memo ~nswers your co~c~ms r~l~ing to PUD sunset~ing. Should you have
any fm-ther questions or commerits, please salvia.
MAR 0 1 1997
PI- ~, -
S
&
I
9
11
12
14
15
RESOLUTION 97-
A RESOLUT][ON BY THE BOARD OF COUNTY
CONHISSIONER~ OF COLLIER COUNTY,
FLORIDA, PURSUANT TO SECTION 2 · 7.3.4
OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE AFFECTTNG ORDINANCE
90-79 ALSO KNOWN AS HERON LAXE PUP,
EXTENDING THE CURRENT PUD APPROVAL TO
MARC~ 4, 1999; AND PROVIDING AN
EFFECTIVE DATE.
l& WHEREAS, the Heron Lake PUD, Ordinance 83-47 adopted on
17 Sep~r 6, 19a3, is subject to the provisions of Section
11 2.7.3.4., of the ].,and Development Code (]23C), Time Limits for
I~ Approved ~OD Zoning Districts together with their relpective
2o Nester Plans; and
21 WHEREAS, the PUD wal adopted consistent with and under the
22 provisions of the Collier County Growth Management Plan; and
2] WHEREAS, the Board of County Commissioners has reviewed the
24 PUD and has detsrmined to extend the currant PUD Zoning for two
25 ysars, until March 4, 1999; and
2& NOW, THEREFORE BE IT RESOLVED, by the Board 0£ Zoning
27 Appeals of Collier County, Florida that=
2&
2! 1. The &boys recitals ers adopted harbin by rsfersncs
3o as if fully set forth herein.
31
33 2. This Relolution shall constitute evidence of
33 compliance with the review requirements of Section
34 2.7.3.4 of the LDC.
3& 3. Pursuant to said section of the IZ~, the current
37 PUD approval is hereby extended to it arch 4, 1999;
3& at the ar~ of ~hich time the o~nar shall submit to
3~ the procedures in L~C Section 2.7.3.4.
40 This Resolution shall becm effective immediately upon its
41 approval.
42 'BE IT FURT~ERRF~OLVED that this Resolution bm recorded in
43 the minutes of this Board end in the records of the Petition for
44 which the extension is granted.
-1-
MAR 0 { 1997
This Resolvtion &dopted after zot~on, second and majority
.... 2 vOlVo
Done th~s day of
~ 1997.
BOARD OF COUNTY COI~ISSIONER$
COLLIER COUNTY, FLORIDA
ATTEST:
D~IGHT E. BROCK, CL~3LK
TZHOTHY r.. HA~COCK, CHAIRKAN
APPROVED AS TO FORM A.~D LEGAL SUFFICIENCY=
ASSISTART COUNTY ATTOP~EY
f/Heron Lake PUD/
'2--.
I~LrZF*A3, Vlllil~
Peticioued the ~erd of . Covucy Co~miiliOnirl · Co
R~, ~~ BE IT O~AI~ by the ~4rd o~ C~flc~ C~is~ionerl
~e lan/n[ Chis/f/cacl~ of the hire/n described reel property
located in Section 33, T~shfp
FloFld4 LI chinf4d fr~ A-2 co -p~. Plinned UtiLe D~elop~nc Ln'iccoFdonce
vtc~ the P~ document Iccacbed hereto
tnco~oroced herein and b~ reference Mdc plrc hereof. ~* Official
Zonin~ AClis ~p g~ber, Nu~er ~9-26-8 is described In Ordinance 82-2,
is harsh7 one~ged accordingly.
Sr. CTIO~ 1~'0:
Thin Ordinance shall becc~e effective upo~ receipt of not/ce
DAT~: Se~r. eld:~: 6, 1983
~OAXO OF Cotnrrf CO~I$SI~
COLLIe1 COUlfZT, FLORIDA
otdLnanca £tled wLth the Secrecar7 or Stat
the 27th day o£ Septeuber. 1983 and acke
ledseuent of that fllinS recetved thts 29th ~t7
Septeuber ~ ~983,
Revised
HERON LAKE
PLANNED UNIT DEVELOPMENT DOCUMENT
DISTRICT ZONE: PUD.
PERMITTED USES:
Single family dwellings; multi-family dwellings; recreation&l open
space lends, structures and facilities; docks; temporary ~ewage
treatment and disposal facllitles.
PERMITTED ACCESSORY USES AND STRUCTURES:
· ' Accessory uses end structures which are customary' In residential
communities and in recreational open Ipocl areal; administrative
sales and rental offices, which offlc~s may be located In temporary
or permanent structures and may be located within · residential
or recreational structure,
MAXIMUM GROSS PROJECT DENSITY:
5.&8 dwelling units per acre. Total dwelling unit count shall not exceed
$77.
DEVELOPMENT STANDARDS:
MULTI-FAMILY SITES
Minimum building setback from m site boundary: 30'
Minimum separation between adjoining buildings: 112 the sum of
the heights,
Maximum building height: 3 stories.
Minimum dwelling unit flo~r area: efficiency- SOO sci.ft.; 1 bedroo
600 lq.ft.; 2 bedroom- 750 s~q.ft.; 3 bedroom- gOO lq.ft.
oo
Heron Lake
PUD document
Page 2.
Minimum of retreat perking spacea: 2 spaces per dwelling unit.
lJ spaces per dwelling unlt shell be Improved, t space per
dwelling unit may be unimproved end lendaceped. Planned
but unimproved apecee shall be Improved et · future data
should actual parking demand dictate that neceaalty.
SINGLE FAMILY LOTS:
Minimum front yard: 25 ft.
Minimum side yard: One stor~, 7J ft.; two story, 10 ft.
Minimum rear yard: 20 ft.
Maximum height: 2 stories
Minlmum floor area: 750 ~q. 'ft.
Mlnimum off, trot ~I~ 2 ~, per
RECREATIONAL FACILITIES t
~xlmum r~reatbn ~ild~ng height: 2
Minimum ~paratt~ ~t~n r~rat~ building and ~treet
t~ oF lake bank: S0
Minimum leparation ~t~en r~reat~n building and nearest single
. f~mily lot or multi-family lite: 2S
Docks In the central lake or the Golden Gate Canal ~hall ~nForm
to county ~tandarde ~lth reset to length and et~cturai
requlre~nte.
MULTI-FAMILY DWELLING UNIT DISTRIBUTION:
Multl-fmaily dwelling unit distribution shall occur generally aa
Indicated on the approved Master Plan. With the approval of the
Community Development Admlnistr&tor, minor changes may be made
In the distrtbutlo~ of multi-family dwelling units among the nine
multi-family sltss ~o long ss the total number of multi-family dwelling
units does not exceed 2S2,
Page 3.
MASTER Pt. AN:
The Ipproved Heron Like Mister PIin shall al~ constitute the
approved Subdivision /~ster Plin.
PARK AND OPEN SPACE:
Park end open tpeca Ireal Indk:eted on the Miller Plan may be
utilized for natural erie recreltion purpolll and may be lmproYed
wlth various recreation facilities. No I:~rtion of the recreational
open space Indicated on the Master Plan may be utilized for residen-
tial building purposes, No development within or alterations of' the
Oak Hammock Preserve whlch wo~ld affect the Integrity of the
pre~erve ahall be allowed.
EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS:
Article X, Section 1~: Sidewalks r~ed not be constructed within
street right et~ way but shall be constructed as indic~ted on
the approved Master Plan. ~
Article XI, Sectl~ 10: T~ r~uirement t~t Pe~nent Reference
~numentl ~ ins~iled in typl~l w~ter valve ~rs s~ll ~
w~ived.
Article XI, Sectl~ 1l: Strflt name ~igns shell be Ipproved by tM
County Engineer but need not meet the U.S.D.O.T.F.H.W.A.
Mmnuml of Uniform Trmfflc Control Devices. Street peveMnt
pmlntlng, striping, mhd re,active edging r~u]rements shmli ~
wmlved.
Article XI, Sect~n 17 F. & G.: Street rlaht of way mhd cr~ss ~ct~r
i~11 be ~1 foliowl: (See p~ges 23 & 2~)
Article XI, Sectl~n 17 I: Bi¢kef curb radii mt strut lntersect~ni
shell ~ ~ minimum of 30 ft.
Article XI, Section 17 K: The r~ulrement for 100 ft. tangent ~ctiM
~tween reverse curvtl of ItrHts sh~ll be waived.
j ·e
Heron Lake
PUD docunmnt
Page ~,.
Article XI, Sectlo~ 21= The requirement for blank utility casingJ
shall be wJlved.
,TRAFFIC:
I. The developer shall reserve a rlght-ot~-wey to allow a future
roadway connection e, stwerd fr~m the project. The purpose
of this connection is to ultimately c~nnect
Boulev, rd with CR-ISI.
2. The .develope~ ,hell c~per, te with Berkshire ~kes ,nd pr~i~
a ~,lr share ~ntribut~n toward t~ ~pl~l ~t~ of *pp~prl~te
turn I*ne~, tr~ffic',ignellz,t~n ~nd arterial level ~tr~t Ilghtlng
at the project entr,n~ on 5.n~ Barbera B~lev~rd.
3. The ~velo~r Ihell ~nn~t t~ p~l~ bike ~th to
entr~n~w,y end to t~ re~d rlgh~f-w,y
" .SHOULDCK
I~.' STAelL, IT. tO '~L)~AD/. TO A
MII~IIMUM oiI' ~O ~ DCI~I~ITY
A~ID KI~.V. OS 40, 0~. I..~.1~. OF
~o oe. A~ D/I~CCTCD .~Y
D
(30' .R.O.W. SEC?i'O ',3
N.T.8..
" HERON LAKE
· · NOLI:. MONTgS · AIIOClATrI, INC.
~"~"' "· ." ..... . ..: .,,~k '..~ -,
,A
· D
50'
R.O.W. SECTION
N .T.8.
ORDINANCE 90-
AN ORDINANCE AMENDING ORDINANCE NUMBER 83-47, WHICH
ESTABLISHED HERON LAKE PLANNED UNIT DEVELOPMENT, BY
AMENDING THE PUD DOCUM~IT TO ADD CLUSTERED
DWEL/,INGS AS A pERMITTED USE AND PROVIDE A
DEFINITION THEREFOR; ANENDING PERMITTED ACCESSORY :
USES AND STRUCTURES, BY ADDING A CHILDREN'S DAY '.-'
CARE FACILITY AND MODIFICATIONS TO SALES OFFICE
USE; AMENDING GROSS PROJECT DENSITY TO REFLECT-
CURRENT PROJECT DENSITY; AMENDING DEVELOPMENT
STANDARDS TO REFLECT THE NUMBER OF DWELLING %~IITS
ALLOWED BY CLASS AND TO PERMIT REDISTRIBUTION OF
UNITS AMONG CERTAIN %~RACTS; ADDING A SITE
DEVELOPMENT PLAN APPROVAL SECTION TO COMPLY WIT~.'
THE ZONING O~INANC£ S£CTZON lo.~; ADDING A__ ~--~::
APPROVAL SZCTION TO
SUBDIVISION
THE COUNTY SUBDIVISION REGULATIO~S; AMENDING
DL LOPMENT ,TAND -' OS. 'Z.TI- IZ.Y SITES TO
CUL-DE-SACS iN TRACT IV IF DEVELOPED AS
HULTI-FAMILY; AMENDING DEVELOPMENT STANDARDS .~.~
szCTzo. To ~D D~ELOm~ ~m~ ~'OR CZ,UST~_
FAMI~-Y LOTS, TO REJECT INCltEASEO ~INI~
AREA REQUIREMENTS; AMENDING TITLE OF RECREATIONAL
FACILITIES TO REFLECT CHANGE TO RECREATIONAL
COMHONS, AND BY DELETING MULTI-FAMILY DWELLING UNIT
AND HASTER PLAN SUBSECTIONS OF DEVELOPMENT
STANDARDS SECTION~ AMENDING TITLE OF PARK AND OPEN
SPACE SUBSECTION OF DEVEIX)PHENT STANDARDS SECTION
TO REFLECT CHANGE TO RECREATIONAL COMMONS: ADDING
BUFFERS SECTION W~ICH SETS FORTH BUFFER
REQUIREHENTS; ADDING ~ROADS TO BE PRIVATE~ SECTION
TO REFLECT CURRENT ROAD OWNERSHIP; AMENDING
EXCEPTIONS TO SUBDIVISION REGULATIONS SECTION TO
REFLECT SIDEWALK ALIGNMENT OtANG~ AND RIGHT-OF-WAY
CROSS SECTIONS; ADDING ENVIRONMENTAL STIPULATIONS
SECTION; ADDING ~ATER MANAGEMENT STIPULATIONS
SECTION; ADDING ENGINEERING STIPULATIONS SECTION;
ADDING UTILITIES STIPULATIONS SECTION; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 6, 1983, the Board of County
Commissioners approved Ordinance Number 83-47, vhich established
the Heron Lake Planned Unit Development; and
WHEREAS, William R. Vines, of Vines and Associates,
Incorporated,'representing Naples Associates, an Ohio Corporation,
petitioned the Board of County Commissioners of Collier County,
Florida, to amend Ordinance Number 8~-47;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
· AG
der ~ ~~~dded.
eAR 0 ,i 1997'
.$£CTION ON£:
Pez~Ltted Uses, of Ordinance 113-¢'/,
is hereby anended to read
as follows:
Single family dwellings; clustered dvellinas~ multi-family
dwellings; recreational open space lands, structures and
facilities; docksf~ tenperery-sevage-kreetnent-and-dispeset
~oei~tties? The tetnn "Clustered dwellinas" is defined a~ a
grouo of attached or detached sinale family dwelling units
havin~ a common architectural and landscaoe architectural
Shame. Clustered dvellinos may not include oarden aoartnen:s
or other housing COnfiaurations in which a dwellina unit is
iocated over another dvellino unit. I clustered dwelling unit
may be located on an in~Ividuallv ovne8 site. or may ba
located on lands which are owned in co~on by several ~ellin~
unit o~ners. ~ulti-fanilv d~ellin~s are defined as duellinos
in a ~ltiole ~vellina stricture in which tvellino units are
gonst~cted over other tuellino units. Clustered dvellinos
~nd eulti-faeilv ~vellinos ~ust ~ ~evalooed in accord with an
aooroved Sit. Oeveloonent ~lsn or iu~ivision ~aster Plan if
lots are to be sold.. The Io~ ot site division and sale
shall ~ indicated on the Site Dev~loonen: Plan which
authorize~ develoonen~ of clustered dvellinos and/or
~ulti-flnllv dvellinos.
SECTION T~O:
Per~itted Accessory Uses and Structures, of Ordinance 83-47,
is hereby amended to teat as follows:
PERI~ITTED ACCESSORY USES AND STRUCTURES
Accessory uses and structures which are customary in
residential co~uuunities and in recreational open space areas:
ad~inistrative = sales and rental offices ~
~eriod of active real estate develooment and marketina, which
offices may be located in temporary or per~anent structures
and may be located within a residential or recreational
structure.
A children's day care facility may be incoroorated in the
~ecreational commons site if the Heron Lake Property O~mers'
Association elects to authorize it. Haterial which is
excavated durina construction of the protect lake. which
exceeds in amount the material re. ired for develoo~ent of the
orotect, may be removed from the orotect in accord with the
terms of a county issued excavation permit. The volu~e of the
~ateriel'removed from the ~rotect shall be limited to 10% of
the excavated material, and further limited to a maximu~ o[
20,000 cubic yards. If the aoolicant wishes to remove
~aterial from the ~rotect in excess of this amount, a
gommercial excavation oermit ~ust be procured.
SECTION THREE:
Maximum Gross Project Density, of Ordinance 83-47, is hereby
amended to read as follows:
Words-st,ruek.-threuqh are deleted; words und~
· -'2-" "'":"
AGEi~ ~M
MAR 0 A 1997'
KAXZHU~GROSS PROJECT DENSITY:
S?&B ~ dwelling un£ts per acts. Total dwelling unit count
on the 101.52 acre site shall not exceed 59~ :h~/.
SECTION FOUR:
Development Standards, of Ordinance 13-47, is hereby anended
by adding the following:
236
Sinale famll'v dwellin~
~inale flamilv dwellinas
Sinale family dwellinas
Clustered dwellinas
Sinale ffamilv dvellinas
Clustered dwellinas
OR AREA PER DWELLING
7.000 savers flee~
7,000 s=uare fleet
g.500 savers fleet
3.500 sauare feet
~.000 s~uare feet
~.~00 scua~e feet
2.S00 souare feet
Z~ the event that the develooer co~uul~s to develoo fev{r tha~
the maximum Dernitted dwelline units in Parcels
III. the unused dwellino units uaw be added to the 236 units
~ermltted in Parcel IV. so lone as the total number of
dwellina units does not exceed 507.
Exhibit '~' shall constitute the Planned Unit Development
~aster Plan and describes the oarcel layout for housin~
SECTION FIVE~
A section entitled "Site Development Plan Approvaln ia hereby
added to read as follows:
SITE DEVELOPHL~ PLAN ~PPROVAL~
~11 clustered dwellina develoument and nultl-~amilv
develooment shall comolv with Zonina Ordinance Section 10.5 as
SECTION SIX:
A section entitled -Subdivision Plan Approval"
is hereby added
to read an followe~
SUBDIVISION PI~WN APPROV/kL:
All sinale familY lot develooment shall comolv with the County
Subdivision Re=uletione. lB the event clustered dwellin~
develonment end,or multi-family develo~ent is to ~
su~ivided, such develo~ent shall camolv with the County
~u~ivi~fon Repletions. If cluster dwellin~ dev%loDment
and/or multi-family development is proposed, the tract
~:ilized eust be ~latted orior to Site Develoo~ent ~lan
~ords-s~ue~Tt'h~o~h are deleted; words und~rline~'~.
Development Standards. Hulti-£amll¥ Sites, of Ordinance
is hereby asended to read as follows:
MULTI-~A~ILY SITES
Mlnimu~ bulldinq setback from · site boundary: 30'
of th. heiqht=.
Haxl~um ~ildinq h,iqht: 3
~ini~um dvellinq unit floor area~ efficiency - 500 sq. ft.; 1
~droom - 400 ~q. It.; 2 bedroom - ~50 ~q. ft.; { bedroo~
Mlnilu~ off-street parkinq spaces~ 2 spaces per dwellinq
unit. ~-~e-speeeo-pe~-dve~&ng-un&t-sha~-be-~Bp~oved?-~
spaee-per-dve~*ng~uni~-nay-beoe~*mp~oved-and-~endseaped-
P~enfled-be~-en~np~oved-epaees-shat~obe-impreved-e~-e-future
date-ohoeld-aet~a~-parking-desand-dJetate-that-neeessitY-
~n the event nulti-familv..develo~uent is ulanned in Parcel ~V.
the Site Develounent Plans which ere submitted in connection
with luch develou~ent ~av ~odifv or omit the cul-de-sacs
iBdicated by the Master DeveloPment Plan. but shall not
interruut or lionificantlv mc~ifv the loom road elion~ent
indicated bv th~ Master D~¥elo~ent Plan.
s zo "[zc i '.' :" '
Development Standards, of Ordinance 83°4?, is hereby amended
adding · Clustered Dwellings Section to reed el follows:
CLUSTERL~D DWL~LLINGS
Minimu~ ~etback fr~ a front uroue~v lin,: 25 feet to a
aaraae door= 15 feet to o~her ~rtions of a dwellina.
Ni~lmum sauaration between d,tached dw~llinas= 1/2 the sum of
Minimum r,ar yard: 20 fe=t.
~axlmu~ heiaht: 2 stories.
H~nimu~ floor area: 750 s~ara fe,=.
Minimum off-stre,t Darkina: 2 spaces Der dwellina unit.
Minor ad4ustments to the a~ve clustered dwellina development
standards ~av ~ authorized durin~ the Sit, DeveloDmen2 Plan
avDroval urocess to acco~ate non-rectan~lar sl~es or
unite dwellina unit confl~rations.
In the event that develoument of individual dvelllna units t~
to be undertaken bva coordina~ln= d~velo~en= Ivonsor. In
accord with a c~o, architectural and landscaue architectural
theme, variations from the a~v, =inimum standards may be
a~ministrativelv auvroved, uursuant to Z.O. Section 10.5. l~
the auolicant provides satisfactory evidence that the
.. Words-struck-three'qb are deleted; words ~ nderl~n dded.
'.'...'.': ...' ..... ,,....':.. · . . '... .... ., . .',. · ,... '. ,,
.": :. '- .. MAR 0 4 1997
· ~t~{shed develooment and that the s~irit and intent of the PUD
~evelooment etandards Il a~h&red to.
In the event clustered dwellina develooment Il planned in
parcels ~1! or !V. the Site Develo_-~_ent Plans which ace
submitted in connection vith such divaloouent may modify or
9mit the cul-de-sacs indicated b~ the ~aster Dtveloo~mnt Plnn~
but shall not inte~u~ or sianificantlv ~ltv the looo road
alian~nt indicated ~ the Master Development Plan.
D~velop~int S~dndards, Single Family ~ts, of Ordinance
is hereW amended to read as toll,s=
SINGLE F~ZLY
Ninl~ tron~ yard~ 25
~n~ rear yard~ 20 f~., except 10' for pools or screen
~x~heigh~ 2
Nln~ oft-street parking: 2 spaces per relXdence.
SECTION TEN:
Development Standards, Recreational Facilities, of Ordinance
13-47, ia hereby amended to read es
Naxinun recreation ~llding hei~ 2 s~ories,
~x~ lepuation ~veefl~recrea~lon
~ a~ i~ree~ or top oE
H~nl~ le~rak~on ~tveen ~ recreation
~l in ~hl central l~l or the Golden Gate Canal shall
conto~ to co~ s~andards vl~ respect ~o len/~ and
S~XON
~vml~n~ S~rdo, Hul~l-F~ily ~elli~ Unit
Die,riP,ion, of ~i~e 83°47 Ii here~ deleted In its entirety
as
Xu~tt-feniLy-dve~ng-en~t-d~otrtbutiea-oha~t-eeeur-generntt~
ao-indtea~ed-efl-the-appFeved-~s~eF-PJn~T--~th-the-opProva~
. ' : ~ords-ot?eek-~hrouqh are .deleted; vorde
'.'. ~k : '"'
MAR 0 4= 1997
unt~s-doas-no~-exeeed-ag~?
SECT'rON TWELVE:
Development Standards, Master P~an, o£ Ordinance 83-47,
hereby deleted Ln ~ts satireS7 as ~ollovs:
~he-approved-Hero~-Lahe-~aa~er-P~an-ehaL~oa~so-eams~u~e-~he
approved-Svbd~vis&o.-~ao~er-P~an?
SECTIO~ THIRTEEN:
Development Standards, Park and Open Space, of Ordinance
PAR,K-~OPEq-SPAeBt RECREATIONAL
Perk-and-open-epees The Recreational Commons indicated on the
PLaster Plan may be u~ilized for natural area recrea~ion
purposes and may be improved with various recreation
facilities and customary accessory structures. No portion of
the recrea~ional open-spars co~mon~ lndica~sd on ~he Hascer
Plan ma~ ~e utilized for residential bulld~nq purposes. No
develoj~ment w~thin or elter&~lone o£ ~ha Oak Hammock Preserve
which would affect the intaqrlt~ o£ the preserve shall be
allo~ed. Princiual recreation b~lldl~as and ffacilities not
shov~ on the eu~roved Heater De~alo~uent Plan shall re,ire
Site Devtlo~nent Plan a~urovel.
SECTION FOURTEEN:
A section entitled "Bu~£ers" is hereby added ~o read as
A wall not to exceed 10 feat in helaht may be constrvc~ed
nd~acent to the Interstate 75 rioh~-of-~av line which abutq
~he ore,act's south boundary. ~alls no~ ~o e~cesd 6 fleet in
heiaht may be constructed ad~acsn~ the ~ro~ect's east end wes~
boundaries. The heloh~ of the walls shall be measured uein~
the standards as outlined in Section 8.33.C of the Collier
County Zanies Ordinanc9.
SECTION FIFTEEN:
A section entitled 'Roads to be Private~ is hereby added to
read aa follows:
ROADS TO B£ PRIVATE
All roads within the uro4ect will be Drivatel~ owned ~nd
· .worda-s,truck-~hreuqh are deleted; .words
~nde~i~ eddic
MAR 0 1991
SECTION SIXTEEN:
Development Standards, £×ceptions to County subdivision
Regulations, o~ Ordinance 83-47 is hereby amended to read as
follows:
EXCEPTIONS TO CO~TY SUBSIVISIOT~
Article Xo Section 6: Co~lete clearina of road riahts-of°wa¥
shall not be resulted. Clearino reouire~ents shall be
Limited to the area necessary to accommodate read-ay
construction and utilitie~ installation-
Article X, Section 16: Sidewalks
indicated on the approvsd ~aster ~lan.
olianment ~av be ~eandered to avoid s~ecimen trees ~nd
9that retained native veaetation. Hlnimum separation
~etween sidewalk and back off curb shall be 5 feet.
Article XI, Section 10: The requirement that permanent
Reference Honuments be installed in typical ~atar valve
covers shall be wa£ved.
~rticle XI, Section 17 F. & C.: Street right-oE-vaY and cross
section shall be as fe½~ewse--~See-pe§es-~-and-R4~ sho~n
on ~aaes 13 and 14 of the Heron Lake PUP document, exceot
that an enlaraed entrancewav may be a~roved by the
Development Services Administration.
Article ~I, Section 17 I.: Back of curb radii at street
intersections shall be a minimum of ~0 ft.
~rticle XI. Section 17 ~.: The requirement that curved
~reets have a minimu~ tanaent of 100 ft. at
~ptersections may be reduced, sub, oct to & certi~ied .
desian which assures adeauate site distance and stacking.
~rticle XI, Section 17 K.: The require~ent for 100 ft.
tangent sections between reverse curves of streets ~ay be
reduced, subject to a certified design which assures
adequate recovery zone and Is properly signed for a
particular design speed.
~rticle XI, Section 19: Street ns~e eigne shall be approved
by the County Engineer but need not ~eet ~e
U.S.D.O.T.F.H.~.A. Hanual of Unifor~ Traffic Control
Devices. Street pavement painting, striping, and
reflective edging requirements shall be valved.
~rticle XI, Section ~l: The requirement for blank casings shall be valved.
SECTION SEVEnTEEn:
Development Standards, Traffic, of Ordinance 83-47 is hereby
amended to read as follo'~s:
T~AFFIC:
1.
The developer shall reserve a-&e-feet right-of-way
to a~ew.e-fu~vre-roadvay-eonnee~e~-to-the-eastT permit
connection of the Heron L~ke streets to the future street
Words-struek-~hro~h are deleted; words
! u n d e r~q~'~jll~ qjS/l~ addec~
MAR 0 A 1997
sYs~e~ tO t~e east, ?~e-purpoee-ofotheocoflnee
v~i~ate~y-eannee~-Sa~a-Barbara-wi~h-~-gSJ~ The
~urgose of the future street connection is to accommodate
e~eraenc¥ vehicle access end such other traffic as dee~ed
a~roDriate, but is not to accommodate through traffic
between S0nta ~arbara Boulevard and CR-951.
The developer shall cooperate with Berkshire l~akes and
provide a fair share contribution toward the capital
costs of appropriate turn lanes~ traffic si~nal£zation
and arterial level street li~htinq at the project
entrance on Santa Barbara Boulevard.
The developer shall connect the Dro4ect propooed-b~ke
path sidewalk system to the project's entraneewa~T vest
~ and-to-the-reserved-riqht-ef-way-a~-the-eestr
Provide a cul-de-sac at the te~l~[Bus of Recreation Lane
at the vrodect's western ~ro~ertv line in accordance with
the Collier County Subdivision Reoulations. This
cul-de-sac and any necessary fiche-of-waY shall be
consistent with the Subdivision Reoulations recuire~eflts.
If adeouate facilities i~r vehicular turn-around exist
within the ~ro~ect boundariej, then a cul-de-sac ~av be
waived as lono as such turn-around facilities are covered
by a~rovriate ~ublic rioht-of-wav.
SECTION EIGHTEL~I:
A section entitled "Znvironnental Stipulations# is hereby
added to read as follows:
£t~VI ROIFI~ENTAI, STIPULATIONS
Petitioner shall comolv with Ordinance No. 82-2 as
amended by Ordinance ~o. 87-57 fuse of Native Sorties in
Petitioner shall be sub4ect to Collier County
Comorehensive Plan Obiectives 6.4.6 and 6.4.7 of
Conservation and Coastal Hanaaement Element. Ordina~
No. 82-2 as amended by Ordinance Ho. 89-49. and Ordinan~
~o. 75-21 as amended by Ordinance No. 89-58. the
naturally functionin~ recreation to be retained on
shall include the
Two acres of the 2.86 acre Recreational Commons
tract shall remain as a contiauous naturally
veaetated ~reserve easement, includina the entire
oak hammock area.
The petitioner shall urovide at least a twenty f20~
foot vide buffer easement alamo the eastern, vester~
and southern boundaries. ?he buffer easement shall
have at least a ten ¢10~ foot width of naturally
retained recreation and the remai~ino width shat1 be
enhanced after the water manaoement berm has been
established. If a wail is to be constructed, i~
shall be situated on too of or replace the water
manaaement berm and ao~roved by the Collier County
Environmental staff.
~ords-strueh-(hre~qh are deleted; words un(
'8--
~E~ed.
MAR 0 4 1997
~.4 acres o~ native wetland veqetation shall be
~lanted around the Iake.
The remainino 18.S acres ·hall be retained throuoh
maximum tree preservation vithin the entire
~ro~ert¥ exclusive of the above noted areas.
SpecificallY. all eioht ¢8) inch and areater
diameter at breast heioht t~ees, native hardvood
shrubs and say ~almetto ·hall be mreserved outside
of the aoo~oved buildina Dads and infrastructure.
Boundaries of the umland m~eservation areas shall he
flaaaed bY the met£tto~e~ and ~teld verified bY Collier
County Environmental staff mrior to construct£on Dermiks.
Site ~lea~1n~ aD,royals ·hall be mhased vlth
construction. ~11 ·~m:le family home·its· shall be
~eauired to submit · ·its el·arima ~lan amd obtain a
bvlldtna mermit mrio~ to t~ee removal. The maximum area
to be cleared for any indivtdua1 ·inale ~amllv lot shall
not exceed the bulldlna Dad and as~ociated
tnf~ast~cture. ~ tv~ica! mite clearina Dian shall be
davelomed, ammroved bY Collier County Protect Reviev
Se~vLce's £nvironmental Sta~ and m~o~tded in the
Homeg~a~s Documents.
Petttlone~ sh~11 commlv vLth O~dLnance ~o. 82-3~ a~
amended bY Ordinance ~o. 89-S3 (Removal o~ Exotic
S~ecles~.
Petit~gne~ shall be sub6e~ to the Collie~ County
Com~ehenslve Plan Pott~ ~.~.3 of the Conservation and
Coastal Element (discove~ o~ an a~chaeoloaica1 o~
~1sto~ical ·its. artifact o~ othe~ tndicato~ o~
m~ese~atlon].
~m accordance v~:h ~lo~ida Game and F~esh ~ater ~Lsh
~9~1sston (FG~FC~ and U.S. Fish and Wildlife Service
(US~S~ ~idel~nes ,nd authomimatton, viable lo,aetna
habitat vithtn a ~ed-c~kmded ~,nae becomes
5v~tsdictlonal to these aaencies. Guideltnes a~e se:
forth fo~ develo~ent and manaaement of these ~abttats
(Collie~ County Comm~ehensive Plan. Po1L~ 7.3.4 o~ the
Coastal ~anaaement Element}.
~attve trees and sh~ $n the tventv (20~ ~oot easement
~9 be dedicated alo~ thm no~h ~unda~ of the m~oSec:
fo~ future canal maint,nance ~ses shall be le~t tn
mlace, except ~o~ such tree and sh~b removal am L·
deemed necessary bv the Sovth ~lo~ida ~ate~ manaaement
District on behal~ of Golden Gate Canal maintenance
remain·merits.
SECTION NINETEEN:
A section entitled "water Hanagement Stipulations" is hereby
added ~o read as folXow·:
WATER H~AGEHL~T STIPULATIONS
Detailed Davino. oradino and site drainaoe plans ·hall ~e
~ubm~tted to uro4ect review cervices ~o= review, No
construction permits shall b~ issued unless and until
Words-str.e~?~hre~gh are .deleted; vords
· AG£1 i
, nde tided
MAR .0 4'1997
the submitted olans is oranted by Pro~ec~ ~evie~
Services.
D_esion and construction of al! imorovements shall be
subtect to comoliance with the aDoro~riate provisions of
the Collier County Subdivision Reoulations. or in
comoliance with such exceotions to those reaulations as
have been aooroved.
An Excavation Per. it will be reouired for the orooosed
lakeCsl in accordance with Collier County Ordinance t~o.
88-25 and SFWMD rules.
X coov of SFWl4D Permit or £arlv Work Permit is reouired
DrioE to construction mlan a~oroval,
The ~etitioner shall enter imto a leoallv recorded
aareement with the ~ro~ertv owner to the south fGreen
Heron PUDt to utilize this Dro6ect's water manaae~ent
system fo~ the Green Heron PUD ~ro~ect outfall and to
make modi~ications to the outfaIl st~cture for the
Du~oges of li~itino discharae~
~n accordance with the ~[es o~ the South Florida Water
Hanaae~e~[ District ~S~D! Cha~te~s 40 E-4 and 40 E-40.
this ~o~ect shall be desianed ~o~ a sto~ event o~ a
3-day duration and 25 veer return ~reouencY.
A 20 foot wide maintenance easement around the entire
perimeter of the lake and a 20 foot access easement to
this maintenance easement from a public road is recuired
and must be shown.
A 20 Fogt easament shall be dedicated aloha the south
boundary of the Golden Gate Canal ri~ht-o~-wav which
forl~s the north boundary of the mroJect, for future canal
maintenance DUTDOSeS.
SECTION TWENTY:
A section entitled "Engineering Stipulations" Js hereby added
to read as follows:
ENGINEERING STIPULATIONS
1. Detailed ~avina. aradino, site drainaoe and utility Dla~s
~Ball be submitted to Pro4ect Review Services for review.
No construction Derails shall be issued unless and until
DOOroval Of the DrODosed construction in accordance with
~he submitted plans is aranted bv Pro4ect Review
2. Desian and construction of all improvements shall ~e
subgect to couDliance with the appropriate provisions O~
%he Collier County Subdivision Reaulations sub4ect to
exceptions ~ranted in the PUD Document.
3. ~n Excavation Permit will be reouired for the Drooosea
lakefs) in accordance with Collier County Ordinance NO,
~8-26 and Slrl~D rules.
4. Work within Collier Countv riaht-of-wav shall meet the
reauirements of Collier County riehl-of-way Ordinance
Words-sb..~e~-'~h~e~h are deleted; words u~
· ..: ..'.' · . , . . . .'.
· MAR 0'4. 1997
Access into each tract as shown on the PUD Haster Plan is
informational only. Location and number is subtec~ ~o
Subdivision Master Plan or SDP a~Droval.
6. This Dro4ect is recommended for aDoroval for PUD
Amendment ~ur~oses only. Subdivis~on Master Plan shall
be submitted and aD,roved at a later date.
7. The protect shall be ~latted in accordance with ~9!lier
County Subdivision Reaulations to define the
rlaht-of-vav, tracts, and lots and easements as sho~n on
the PUD Master Plan.
SECTION T~ENTY-ONE=
A section entitled "Utilities Stipulations' is hereby added to
read as follows:
STIPUI~TIONS
Water distribution, sewaoe collection and transmission
and interim water and/or sewaoe treatment facilities
serve the protect are ~o be dealansd, constructed.
conveyed, o~ned and maintained in accordance with Collier
County Ordinance Mo. ~a-?6. as amended, and other
aoolicable ~Duntv rules and reoulations.
2. Ali customers connec~ino to the water distribution and
sewaoe collection facilities to be constructed
c~stomers off the County and will ~ billed by ~he County
in accordance with the C~ntv's established rates.
Should ~he County no~ be in a ~si~ion ~o ~rovids
and/or s~ver se~tce ~o the ~ro~ect. ~he wa~er and/or
sewer ~sto~ers shall ~ ~s~omers o~ the in~eri~ u~ili~v
es~ablished ~o se~e ~he uroiec~ un~il ~he County's o~f-
sit~ va=er and/or =ewer facili=ies are available ~o serve
~ I~ is an~ici~ated tha~ ~he County Utili~its Division will
ultimat~lv suoolv Do~able wa~er to ~ee= the consu~:ive
denand and/or rec~iv~ and ~rea~ the sewage aenerated by
this oroi~ct. Should the County system no~ be in a
position ~o su~ulv potable wa=er ~o the orot~c~ and/or
r~c~iv~ ~h~ orot~c~'s was~eva~er at the time development
commence~. ~h~ DeYeloDer. a~ his e~ense will install and
~Dera~e interim ~ater SuPPlY and on-si~s
facilities and/or lnterin on-site sewaae tree,men=
disposal facilities ads,ate to meet all reauiremen=s
the appropriate re~la~o~ aaencies. An acreement shall
~e entered into between the C~ntv and the Developer.
}indino on the Developer. his seasons or successors
recardina any in~ri~ treatment facilities ~o ~
utiliz~d. ~ aareemen~ ~s= ~ legally sufficien~
the County. orior to th~ aDuroval of const~ction
do~nts for th~ ~rots~ and ~ in confo~ance
retirements of Collier County Ordinance No. 88-76.
If an interis on-site water su~olv, treatment
transmission facility is u~lliz~d to s~,~ th~ ~rotec~
i~ ~us~ ~ oro~erlv ailed to su~lv oversaw peak day
Words-strae~-~hrea'~h are deleted; words Ul
· AGE
domestic demand, in addition to fire flow demand at a
rate approved bY the aDorooriate Fire Control Distri~,~
serv£cina the Dro~ect area.
5. Off-Site Utilities Znorovenents:
Water
The exist~na off-site water facilities of the District
must be evaluated for hydraulic c~acitv to serve this
~ro~ect and reinforced as reauired, if necessar¥~
consistent with the County's Water Haster Plan to insure
that the District's water system can hydraulically
Dro~e a sufficient cvalitv of water to ~eet the
anticipated de.ands of the oro~ect and the District's
existina comm~ted caoacitv.
Sever
The existina off-site stwaae ~ransmission facilities of
the district ~vst be evaluated for hydraulic capacity to
serve this uro~e¢~ and inuroved as reouired ovtside the
D~O~eCt'S bovndarv to urovide adeauate capacity ~o
transport the additional wastewater aeflerated without
adverse impact to the e~istine transmission facilities.
SECTION TWENTY-TWO:
This ordinance shall become effective upon receipt of notice
from the Secretary of State that this ordinance has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 23rd day of
Oc=ober , 1990.
ATTEST:
F~A,RJORI. E ,4. ~TUDENT
ASSISTANT COUNTY ATTORNEY
PDA-89-17 ORDINANCE
nb/2354
Words-st~ue~-thre~h are deleted; words
MAR 0 4 1997
50'
R,O,W., SECTION'
N.T.8.
MAR O.& 1997
MAR 0 & 1997'
~,.
EXECUTIVE SURK~RY
STAFF REVIEW AND RECOMMENDATIONS RELATIVE
TO ORDINANCE 88-83, AS AMENDED, ALSO KNOWN AS
TIlE NAPLES GOLF ESTATES PUD, WHICH, ACCORDING
TO THE REQUIRED PUD STATUS REPORT SUBMITTED
BY THE PROPERTY OWNER/AGENT, HAS NOT
COMMENCED CONSTRUCTION, AS DEFINED IN
SECTION L7~3.4 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, RESULTING IN SEVERAL
POSSIBLE COURSES OF ACTION FOR THE BOARD OF
COUNTY COMMISSIONERS TO CONSIDER.
~ Staff is requesning that thc Board review mt'rs finding~ and
recommendations regarding the above rcfcrcnced PUD.
CONSIDERATIONS: This PUD xvas originally approved on October 2~, 1985. Section
2.7.3.4 of the Collier Count)' Land Development Code requir~ that the project developer
submit an annual report on the progress of development, commencing on the fifth
annivcrsar3' of the PUD approval by thc Board of Count.,,' Commissioners. The singular
pu~ of this report is to evaluate xvhcthcr or not the project has commenced in earnest in
accordance ~-ith the criteria set forth in Section 2.7.3.4. For those PUD's approved prior
to the effective date of adoption of the Land Devclopment Code, the five )~at approval
period commenc~ on the adoption date, October 30, 1991. Thercforc, the conditioaa t, ct
forth in Section 2.7.3.4. arc applicable as of October 30, 1996.
The above referenced PUD has been identified as a project xx~ich xvas approved prior to
October 30, 1991 and which has no~ commenced construction as defined in Section
2.7.3.4. Staffhas utilized the required PUD status (monitoring) report, supplemented by
field observation and review of in house records to verifx.' the current status of the PUD
and as the basis of a recommendation to thc Board consistent with the options provided in
Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows:
2. Z3.4.
ITme limits for approved PUD master plana In the event that a
PUD master plan is given approval, and the landmvner(s) shall:
Fail to obtain approval for improvement plans or a
development order for all infrastructure Improvements to
include utll/tles, roads and similar lmprtn,ements required by
the approved PUD master plan or other development orders for
at least !$ percent of the gross land area of the PUD site every
five years of the date of approval b), the Board Of Count),
Commissioners; and
No. ~
MAR 0 4 1997
Fail to receh, e final local development order~ for at least 15
~t of the total number of approved d~elling units in the
PUD, or in the case of PUD's consisting of nonreMdentlal uses,
.fO percent of the total approved gross leasable floor area within
the PUD every slx ye. an of the date of approval by the Board Of
County Commissioners.
The project developer zhall submit to the PlannlnI ,Vtrvlt~
Director a status report on the progrz~ of devel~
annually commencing on the fifth annlversury dtttt of sift POD
approval by the Board Of County Commltslonera l'bt
zingular purpos; of the report will be to evaluate whether or
not the project has commenced in earnest in accordance with
the criteria re, forth above.
Should the Planning Sen, lce~ Director determine that the
de~vl~t bas commenced in earnest, then the land ~hall
retain Lt~ existing PUD approval and shall not be subject to
additional revle~ and consideration of new development
standards or use modification.
Should the Planning Sen'ices Director determine that the
development has not commenced in earne, st, then upon reviews,
and consideration of the report provided by the owner and any
supplemental information that ma). be provided, the Board Of
CounO' Commlssloner~ shall elect one of the following:
To extend the current PUD approval for a maxlmum period
two years; at the end of which elint, the awner ~lll again
submit to the procedure as defined herein.
2.
Require the thiner to submit an amended PUD in which the
unimproved portions of the original PUD tltall be consistent
with the Grm~th Management Plan. The exletlnll POD ~all
remain In effect until subsequent acllon by the Board of the
submitted amendment of the PUD.
If the o~vner fails to submit an amended POD within sLg
months of Board actlon to require such an amended submittal,
then the Board may Initiate procet~ng~ to rezone the
unimproved portions of the original PLID to an appropriate
zoning classlflcatlon consistent with the Future Land Lrse
Element of the Grm~th Management Plan.
In the cate of Developments of Regional Impact, time limit
restrictions shall be superseded by the phasing plan and/or tlme
limlt$ contained within the application for developme~
2
MAR 0 4 1997
approval and approved a; part
conformance with F.S. ~ 380.06.
development order In
Synopsis of ^ooroved Land UsesL Thc subjcct 614 acre PUD was approved f,or 790
single family residential d~x:lling units on a 162.3 acre tract. The PUD also contains 9.90
acres of commercial uses ~ile 78 acres has been approved for the golf courseYrecreaticxt
area. The majority of the PUD (354.8 acres) is comprised ofthe comervat~ space
and lake aruaso
ty ~ (Interchan~) ,.,,, the Future Land
Elernont (FLUE) of d~e Growlh Managenent (GMP). Since fhe rdbjec~ si~e is located
within the southeast quadrant of the CR-951/I-75 lnter~nge, the FLUE permits
commercial and industrial land uses that scrve regional markets, providcd each such use is
compatible ~th existing and approved land uses. Bascd on staff rcviov of the approved
commercial uses, the PUD is consistent ~th thc FLUE. in addition, this dimic~ permits
r~idential dsveilings at a maximum density of' 13 units po' acre. Since the PUD po'mits a
total of' 790 multi-family d~:llings, the resulting dcnsity is 1.3 units per acre s~fiich is also
consistent with the Domtv Rating S.~tcrn. Thcrcf'ore, the Naples Golf, Esta~ PUD is
deemed consistent with th~ GMP including thc Traffic Circulation Elcmcnt and the Gl:nm
Space/Natural Resource Element with minor revisions to the PUD documcnt.
C'onslsten~ with the Collier County Land D~_,',r,J~.g. iP..l~a.lt.i~ The PUD has bern
distributed to the appropriate jurisdiction revi~v entities specifically for review of the PUD
for consistency with current land dcvelopmcnt regulations. ~ on that rev/o~; the
foiio~ng inconsistencies have been identified:
Transportation: Section 7.05 of thc PUD frraffic Impacts, acce~ rnanagommt, etc.)
No inconsistencies ~x:re reported ho~:ver, staff advises that certain refcmnmces should be
changed to reflect current administrative regulation if'the PUD is to be amended.
Environmental: Section 7.03 of thc PUD (Protected Specics, green and open spaces)
No inconsistencies xx~:rc reported hox~:vcr, staff adviscs that certain rcfcrcnces should be
changed to reflect current rcfcrcnccs if thc PUD is to be amcnded.
Engineering: Section 7.04 & 7.06 of thc PUD (Sex,age/Water, drainage issue)
No inconsistencies ~vere reported hoxx~ver, staff advises that certain ruf~ should be
changed to reflect current administrative regulation ifthc PUD is to be amoxlcd.
Architectural Theme: Only the developmcnt and architectural standards as adopted
during the approval of, thc PUD are applicable. Hoxx~:vcr, Section 2.8 of the Land
Dcvelopment Code provides architectural and site design standards that x~ll be applied to
any commercial development within this PUD.
MAR 0 4 1997
ST^ FF COM~I~NTS:
Staff is of the opinion that there is irt~uffi¢ient justification to require an mn'ncr to submit
an amended PUD simply because ~ PUD reference~ codes ~ are now ¢on$o1~ into
have bern changed in the mo~t recur LDC ~. These re~moes are not made
Tl~r clos~ or rno~t s~ilar relationsh;p to current r~erences applies in t~ administration
of' PUD ~-vdop~x~ oomm~. More importantly, is ~bet or not there is any
absence of ~ commimems needed to make tha PUD eomistmt with today's
code requirements. Staff r,:vi~v do~ no~ indicate that t~ere are an}. inclemencies or
omitaiom that ~re now nec~sary to achieve current Land Devel~ Code tequi~-~,~is
as made applicable to subsequent required devel~t approvals (i.e. Platti~ and/or
SOP's).
FISCAL IMPAC'I'~ An amendment to this PUD, as mx~mmmded by staff ~411 have
no ~ impact o~ Collier C~nty as t~e appropriate PUD amendm~ and ot~
applicable tees ~ill covet the cost of'staff.time associated with mvi~v of said ~
and the co~ of advertising and public no, ice.
STAFF RECOMMENDATION: Based on a comprehensive mvi~v of' this PUD
documcm, staff roconuTmXls that the Board of County Commissioners ~'nnt a t~
~'mion ofthe Heron Lake PUD per the attached resolution.
PRINCIPAL PLANNER
DATE
~~ICP
CURRENT
'-bO At.6 w.
E~ DIRE~OR
VINCENT A. CAUTERO, ADMINISTRATOR
"2./
DATE
DATE
MAR 0 1997
Assistant Cotmty Attorney
Date: November 18,
R~: PUD Sunsening Concerns
I have several legal concerns tzgaMing the sunsetting o/'PUDs should that involve
adjusting density or Izod use. They are categorized in this memo. Additionally this is a response
to Attorney R.ichzrd Grosw's legal opin/on to the Florida Wildlife Federation dated October, 21,
1996.
I. Bert L Harris. Jr. Private Property_ Ri_~hts Protection Act (Section 70.01. Florida Statutes'~
First of all, I disagree with Mr. ~rosso concerning the grandfathering language ofthe
Property Rights Act. He is correct in stating that subsection 2.7.3.4. of the Land Development
Code (LDC) dealing a'ith PUD sunset'ting is not subject to the new law. However, he ignores the
fact that any PUD an:endments necessary to implement any BCC recommended changes to a
PUD document, includ/ng dendty reduction or a land use change., would require the adoption of
a new ordinance thai would be subject to the Act. The date after which the law applies to
ordinance adoptions is May 199:5. Subsection 2.7.3.5.$. of the LDC requires that any text change
to a PUD must be accomplished by ordinance. Moreover, Subsection 2.7.3.4 requires that should
the property owner not make the necessary PUD amendments required by the sunsetting process
then the BCC ha~ the au:horiry to rezone the PUD to an appropriate dis~ct. This too, would
have to be accomplir,,hed by an ordinance adopted after the "trigger date" set forth in the Act and
thus be subject to it.
I also disagree with Mr. Grosso on the density reduction issue for the following reasons.
No Florida court has y~t had the opportunity to construe any of the key terms in the Act.
Subsection 70.001(2) provides that [w]hen a specific action ora governmental entity has
inordinately burdened an existing use of real property or a vested fight to a specific use of real
property, the propers, owner of that real property is entitled to relief, which may include
compensation for the actual loss to the fair market value of the property caused by the action of
the government The key terms age "existing use", "vested right" and "inordinate burden."
MAR 0 i 1997
1~ 2
The Act defines an existing use as: 1) an actual, present use or activity on the real
property; 2) periods of'inactivity normally associated with or incidental to the nature or type of
use that takes place on the property; 3) such reasonably foreseeable, nonspeculative land uses
wkich are suitable for the subject property, are compatible with. adjacent land uses and which
have created an existing fair market value in the property greater than the fair market value of the
actual, present use or activity on the property. See Subsection ?0.001(3)(b), ~.
A vested fight, as defined in the Act, is determined by applying the principles of equitable
estoppel or substantive due process under Florida common law or spplying the statutory law of
the state. Subsection '/0.001(3Xa), F. Jl;IJ:ii~s~III~.
The Act defines an inordinate burden as m action by one or more governmental entities
that has directly restricted or limited the uses of'the real property such that the property owner is
permanently unable to attain the reasonable investment backed expectation for the existing use of
the property or a vested right to a specific use of the real property with respect to the property as
a whole. Additionally, it can mean that the property ow'ncr is left with existing or vested uses
that are unreasonable such that the property ov,'ner permanently bears a disproportionate shall of
a burden imposed for the good ot'the public which in fairness should be borne by the public at
large. See'Subsection 70.001(3)(e), ~.
There is no "bright Ii. ne" test to determine what a vested right is. These types of cases in
Florida have been dete,-mined on a case by case b~is. Since our Zoning Reevaluation Program
was set up to deal v,'ith this issue, an argument could be made that any property that passed
through that process and received an exemption pursuant to Subsection 10640 of Article II,
"Zoning Reevaluation", Chapter 106, "Planning" ot' the Code of Laws and Ordinances of'Collier
County, Florida or a determination of'vested status pursuant to Subsection 106-46 of that
Ordinance could clzim vested status.
Moreover, the Act defines "existing uses" broadly including those that are reasonably
foreseeable, non.s'peculative, compatible and have created additional lair market value on the
property over and ~:mve the existing use or uses. Rezones from less intense and less dense land
uses to more intense, higher density land uses could have the effect of'increasing fair market
value as in the case of a rezone from Estates to PUD or Agficultu~ to PUD - depending of
course, on the land uses permitted by the particular PUD. It is impossible to draw a "bright llne"
here either as each PUD must be evaluated on its own merit. The opinion ora property appraiser
should be obtained as to the effect of the PUD zoning on any given parcel of land as well as any
futur~ downzor~g on such parcel upon fair market value. However, an argument could be
made that any re'ruction in density or decrease in the intensity of land use on the PUD parcel
could decrease the fair market value of the property and thus trigger the Act.
An m'gument could also be made that any downzoning ofthe PUD property has created
an inordinate burden thereon since as a result, the reasonable, investment backed expectations of
the property owner are not capable of'being attained. Of course, this is a question of F..~i '"~{~E,~r[~
0 4. 1997
carmot be uniformly applied to every PUD subject to the sunsetting. The term "reasonable,
investment b~cked expectations" is not precise. Ia fact a recent article in the Land Use Law ·
~lRill,tD. il.~ stated that the concept of investment-backed expectations remains an arnbiinious
term that is difficult to apply. See "The Wisconsin Supreme Court Responds to Lucts", 48 Land
Use I,sw & Zonln_~ Di_~esl, No. 9 ~I pa~e 6.
I therefore, conclude that in order for the County to stay within the Property Rights Act,
each PUD must be evaluated on its own merit before thy land use or density change can be
accomplished. Moreover, it is recon'unended that the County work with the PUD property
owner to achieve a mutually beneficial re~ult.
Besides triggering the Bert I. Harris, Ir. Private Property Rights Protection Act, if vested
rights are interfered with by a local government there is an equitable remedy in circuit court - that
being a determination ofvested status and a resulting court order permitting the vested project to
occur as originally approved. The common law elements of vested rights or equitable estoppel in
Florida are as follows: an act or omission ora governmental entity upon which the property
owner has relied in good faith and has made such a substantial change in position or incurred
such excessive obligations and expenses that it would be highly inequitable and unjust to destroy
the rights he acquired. Smith v. City_ of Clear-,v'ater, 353 So.2d 651 (Fla. 2d DCA 1980) These
matters are determined on a case .by case b~is. There is no "bright line" test. Therefore, a.ay
dov,'nzoning that may result from sunserting of any PUDs should not interfere with a vested
right. Once again, any property owner that was granted an exemption or determination of vested
rights through the County's Zoning Reevaluation process may be able to claim vested status so
far as density or permitted land use is concerned. Moreover, any property owner gaining PUD
approval since the adoption of the GNP may be able to achieve vested status by the donation of
right-of-way, creation of easements for public purposes or other related expenditures in favor of
the public and also related to the proposed development.
III. Nature of PUD Zonin_~
In Porooise Point Partnership v. St. Iohns Count, 532 So.2d 727 Cr"la. 5'~ DCA 1989),
the Court opined that the nature of PUD zoning requires cooperation between the property
owner and the zoning authority in creating the overall plan. Id. at page 728. The Court held that
~t planned special development by its very nature must be sought by the property owner and
cannot be imposed over an owners objection and thus invalidated t PUD rezone imposed solely
by the County. Id. nt page 729. Collier County's PUD requirements are quite similar to the
planned special development requirements ofSt. lohn's County at issue in P~.
While the case did not address PUD amendments, an argument could be made by a property
owner that due to the consensual nature of PUD zoning between it and the local government, n
PUD amendment cannot be imposed upon the property without the owner's consenL There is no
case law dealing with PUD amendments on this point. It is the opinion ofthe write r that in
NO. ~
MAR 0 4 1997
such s case, s court would balance the police power interests of the local government against the
private interests of the property owner in determining whether or not the PUD amendment is
Additioually, I am coucem~ that ifd~nsilies sm r~duced too greatly the Cowry may run
afoul of the need to provide ~foutabl~ housi~ i~,~,~t to Subsectiou 163317'/(6)(0 of the
C.n'owth M~nagement Act. Additionally, there m,xy be exclusionary zo-{,,{ problems such as was
the case in South Burlin~on Coun~ NAAC"P v. Mt- Lsurel Township. 67 H. I. ISl, 336 Aid
713 (1975) where them were Iow density r~{d~utial land use standanis imposed uniformly
throughout the To~'~ship.
I hope this memo ausw~ your concmu r~lating to PUD sunsctting. Should you have
any further questions or cotrancnts, pleas~ advise.
MAR 0 4 1991
!
!
:3
4
S
&
7
2o
'12.
2:3
14
RESOLUTION 97-
A RESOLUTION BY THE BOARD OF COUNTY
CC~tlSSIONERS OF COLLIER
FLORIDA, PURSUANT TO SECTION 2.7.3.4
OF THE COLLIER COUNTY LARD
DEVELOPMENT CODE A£FECTING ORDINanCE
88-83 ~SO ~ ~ ~PLES ~LF
ESTATES PUD, EXTE~ING THE ~NT
PUD APPROV~ TO ~CH 4, 1999; ~D
PR~2DING ~ EF~CTI~ DATE.
I~ERF.~, the Naples Golf Estates PUD, Ordinance 88-83
It adopted on October 25, 1)SS, is subject to the provisions of
17 Section 2.7.3.4., of the Land ~v~lo~ent C~ (L~), Ti~ Limits
ls for ~roved ~D Zoning Ois~ricts together with their respec~ive
1~ ~ster Plans; and
K~, ~he ~D ~as adopted consistent ~ith and under the
2~ provisions of the Collier County Gr~th Managenent Plan; and
~E~, the Board of County Co~ission~rs has revt~wel the
2~ ~D and has dete~ined to extend the current PUD Zoning for two
~ y~ars, until March 4, 1999; and
N~, THE~FO~ BE IT ~SOL~D, by the Board of Zoning
2& ~pe4ls of Collier County, Flo=ida that:
27 1. The a~ve recitals are idop~ed herein by reference
2l as if fully se~ forth herein.
~o 2. This Resolution shall constitute evidence of
~1 compliance with the review retirements of Section
~2 2.7.3.4 of the L~.
~4 3. ~rsuan~ to said section o~ the L~, the current
3s P~ a~roval ts hereby extended to Hatch 4, 1999;
3s at the end of vhich time the o~er shall s~it to
37 the procedures in L~ Section 2.7.3.4.
3~
This Resolution shall become effective immediately upon its
40 approval.
41 BE IT FURTHER RESOLVED that this Resolution be recorded in
42 the minutes of this Board and tn the records of the Petition for
43 which the extension is granted.
-1-
MAR 0 4 1997
,,,. /b
2 vote.
4
S
&
?
I
ZO
~2
~3
~4
1S
17
ThLs Resolution idop~ed atCs~ motion,
Done this day of
ATT1/:ST:
DWIGHT E. BROCK, CLERK
second
,, 1997.
BOARD OF CCX/KTY ¢CI~HZSSIONER5
COLLIER COU~, FLORIDA
YiHOTI/Y L. ]~ICCX3<, C~]AIrO'A~
APPI~DV~DAS TO FOI~ LEGAL SUFFICIENCY:
-2-
PLANNED UNIT DL'VELOPFlENT DOCUFl£NT
FOR
ALAN D. REYI~OLD$, AIC,
#lL$Off, HILLER, IAITOII, $OLL& PEEK,
ENGINEERS, PLANNERS & LAND SUrVEYOrS
1383 Airport Road North
~aples, Florida 33942
DATE FILED ~rch 1988
DATE REVISED. Oc~o r
' DATE AffFJtOVKD
· '. "'.' ' O~l~'~ , Il-l]
~ .,. . ;'t .~'.'~? . .~ -, .:~.- ~.- · ;"~: ~ ~"' -"' '. ~ '"-' ": '"*'~'"' · '.,' :~..;?t ~'*, ~ ~'1'~;"..''-p. '., ,"
· ... ~.. ....... ... ....;. . .
. ~... . < ..' .~ ~. ..; ...... -..~.~ ..
, . ,- .. . . , .~ .... ~.-.-% r - ... . .*.t,.
...... $., ,~'.~- '.'- "'~.., ~..~. ~,~" .'. .' ,..: ' ~".',':%%X~,?.-.~!
.... ~.<~ ~-
Lla~ of Exhibits and Tables
SECTXON XX Pco~ect Development 2-~
SECTXON XXX I RestdenttaX 3-X
SECTION XV GC Golf Course/Recre&tton 4-X
S~XON v CO Conservatton~en Space S-1
SECTXON VZ Commercti~
S[CTXO~ ViZ Gene~ll Develo~ent Co~ltments
PAGE
ii
LIS? or EXHIBi?S AND TABLES
d
EXHIBIT
EXHIBIT
TABLE
TABLE
TABLE
Planned Unit Development nester Plan
(Prepared by Nilson, Hiller. Barton,
Soil S Peek, Inc. rile NO. RZ-I?3A)
Vegetation Hep (Wilson, Hiller, Berton,
Boll & Peek, Inc. rile No. R$-I?3D)
Conceptual Niter Ranagement Plan
Hiller, Barton, Soil & reek, Inc. rile Ho.
HZ-I?3Z)
Land USe Summery
Estimated Market Absorption Schedule
Development Standards
STATEHENT OF COHPLIANCE
It is the intent of ~anufactu~ed ~ousing Associates, Inc.
to create a Planned Unit Development (PUD) on mi4·0 acres of land
located in Section 2, Township S0 South, Range 26 East, Collier
County, Florida. The name of this proposed development shall
henceforth be known aa NAPLES GOLF ESTATES. The subject property
ia generally bordered off the west by CR JSI, on the north by Sa
84, off the east by Toll Plaza RV Resort ~ and undeveloped
agricultural land and off the south bi, undeveloped agricultural
land.
NAPLES GOLF ESTATES will be in compliance with tho plannLng goals
and objectives of Collier County as set forth in the Comprehensive
. Plan· The residential, recreational and coomerc/al facilities of
NAPLES GOLF ESTATES will be consistent with the growth policies,
land development regulations, and applicable comprehensive
planning ob~ectives 2or the following reasoflst
l) The subject property has the necessary rating points to
determine the availability of adequate couuflity
facilities and services·
2)
3)
The project development is compatible and complimentary
to the surrounding land uses.
Improvements are planned to.be in compliance with
applicable regulations.
4)
The project development will result in an efficient and
economical extension of community facilities and
services.
S)
The project development is planned to incorporate natural
systems for water management iff accordance with their
natural functions and capabilities.
· SHORT TITLE
This ordinance shall be known and cited aa the' NAPLES GOLF
ESTATES Planned Omit Development Ordinan'ce.' . .
~ 1.01 PIOPgR~~SHXP ·
~nd Trust 021-8204-00-3 Ifld ~s contracted ~or puEchase by
Haflufactured nous/flg Assocta~es, inc.
1.02 LEG~ D[S~ZP~IO~
w . All ot Section 2, To. ship S0 South, Rsnge 26 East, lees
~ the proper~y previously coflde~ed or conveyed for
~ righC-o~ovoy located in Collier CounCl, rlocSdi consisting
·
'".:":,..'.? "~::':'?:.' '."~: ..'., : '. ;?~,' ::..:':1}:.:~.~'~
.. · ..~... . ... ;, .... . .. ~.~ & ,.. . .., . --. ~-~.~ ~ ~...
. . ..... :., ,. ~. .... :,~, ~ ~.,~ ...... ~. ,~:.~r . .~~~~~7~::' t
PROJECT DEVELOPHENT
2.01 PURPOSE
2.02
2.03
?
- 2.04
The purpose of this Section is to generally describe the
plan of the development and delineate the general
conditions that viii apply to the project.
GENERAL PLAN or DEVELOPHENT
Maples Golf Estates is · planned couranity including a
mixture o£ residential uses, recreational, conservation,
and ~ater management-related eleseflts, and couercial
faciZities.
LAND USES
?able Z ia a schedule o£ the intended land use types, with
approximate acreages and total dwelling unite indicated.
· The arrangement of these land use types is shown on Exhibit
'A", Planned Unit Oevelo~ent Nester Plan. Changes and
variations Ln design and acreages shall be permitted at
final design to accomodate topography, vegetation, and
other site conditions. The specific location and size o£
individual tracts and the assigflaent of dvell/ng units
thereto shall be determined at the time of detailed site
development planning or platting.
The final size of the recreation and open space lands viii
depend on the actual requirements loc rater management,
golf course layout, roadvay pattern, and duelling unit size
and configuration.
PROJECT DENSITY
The total acreage o~ the Naples ~1£ Estates Planned Unit
Development ia approxl~tely 614.0 acres. The ~xinum
number o! d~lltng units to be built ca the total acreage
ii 790. The nu~er of dvelli~g units per gross acre ia
approximately X.3. ~e density on Individual parcels
land throughout the pro,eot ~y vary according to the
of housing placed on each parcel of land ht shall comply
with guidelines established iff this do~).' "~ - ·
~-.~ i'
2.05
2.06
2.07
2.08
PERfllTTED VARIATIONS or DVEL~IleG UNITS
All properties designated for resident/al uses .may be
developed at the BIxl~um number o£ dwelling units
allocated, provided that the total number of dwelling units
shall not exceed 790.
DL~VELOPMENT SKQU£NCE AND
The ~pplican~ his no~ se~ "stag~s" for ~he develo~en~
~he proper~y. Since the ~roper~y is ~o bi developed
&n estimated 7-y~ar-~lBe ~riod, ~ny pro,action of pto~ec~
change depending upon future economic factors. Tlbll
indicates, by pro~ec~ ytir, the el~L~ted ibsor~iofl
~SEX~TS rom ~ZLXTIES .. ....
u~i~l~ies lad o~her' ~rposes as liy be needed. Said
easements and inprovements shill bi in compliance with ~he
Collier County Su~ivision Xegvli~Lons in e~fec~ a~ the
time a permit is requested or required.
AIl necessary easements, dedications, or other
shall be 9~aflted to insure the continued operation and
maintenance et all service utilities in substantial
compliance with applicable regulations l~ effect 8t the
time apptov&ls are zequested.
EXCEPTIONS ~ THE CO~LIER CO~ Z~DIVlSIOM
· The following requirements of the Subdivision Regulations
shall be modified sub~ect to review and approval by the
County Engineer at the time of construction plan eubmitt&l.
a. Article II, Section 1~ Access The County Engineer may
approve relocation of proposed access points as shove
on the P.U.~. Master Plan.
b. Article Xl, Section 10t Nonumenta where much monuments
occur within street pavement areas, they shall not be
instilled In a typical water yalve cover, i$ prescribed
' in the current County · standards, aubJect to
q installation of ill aonuuentl 'in 'accordance with State
Statutes and Il approved .by tho County Engineer. ..
4 - -..--,, ,. -., . . . · ..- ,,~ , - -;-. ,~. z.' .... ~ r
. · .. .. '.. -... · . . '/~'~ ~,:~a"'..~.- ~", .
..... .....,...
4 .... ,~- ~ . . · . . ~.... . . .. ...., ~
, ~.~ .'.~ .. -.~-.~ ~.. ~,;.
.....~-~ ~:~,~~'.-~':.,:.
. ~..'~..~;~.,..~. . ~.'-~ ....
c. Article XI, Section 1?Gl Street Pavement #ldths
(~educe requirements for loc~I roads from tva
twelve foot lanes to tva (2) ten foot lanes, sub2ect to
the approval of the County Engineer, for private
cul-de-sac streets only.
d. Article XZ, Section Z?XI Curb Radii (Reduce require-
ments from forty (40') foot radius '~o thirty (20°) foot
radius at local to local road and local to minor
collector road intersections onlyJ.
e. Article XI, Section 173t Znttrsections req~liring
curved streets to have a miflimvb tangent of 100 feet at
intersections.
f; Article :XI, section 2l, utl~ity..¢eslnqe, provided all
utilities are Installed prior to atree~ construction.
g. A pedestrian/bike path systeBabell b~ designed for the
pro~ect and submitted to Collier County Planning
Department and Engineering Department for their review
and approval. Upon approval this plan shall supercede
the Subdivision Regulation requirements for sidewalk
construction along Internal roadways.
· h. The roads within Naples Golf Estates are planned to be
private roads. They will be designed to two-lane local
s~reet standards using the following minimum easement
widthss
~rimary streets 60'
Cul-de-sacs 40'
2.09 LAKE SXTZNG
As depicted on the master Land Plan (Exhibit A), lakes and
natural retention areas have been sited ad,scent to
existing and planned roadways and throughout the golf
course. The goals of this are to achieve an overall
aesthetic character for t~e pro,act, to permit optimum use
of ~he land, and to increase the efficiency of the water
a management network. Accordingly, the setback requirements
described Iff Ordinance 00-26, section SA, ~y be reduced
~ with the approval of the County Engineer. Fill material
· from lakes ii planned to be utilized within the pro,act,
however excess, fill materiel may be utilisad off-site,
~-~.'- ' - subject :'.to the prOvisions of the axcavation ordinanca An
' effect;.at.,the.,timejPtrmitl ire.sought, r/nil lake area
~ %/ .... ~ "~" ''':;~determlflation Shall' be.in accordance with the South Florida
4%~L-';;., '." ~..~-water ~anagement~lstrict'sto~mvaterrcri1 ~lmT'~'' ". .... "
qT~.' .... ' · . ...' , . . · % .. .~: -.. '? ·
.q.~...-..~ .~ . :..;<~ . · ~ I ...~.....
2.10 DgDICA?ZO~ AND I, tAZNT~NANC~ or
private, dipemding on location, capacity, and design.
Developer shell c~eiCe appropriate h~e~et and or
~inta/ning the roads, It[eltl, dcainage, ntec and
' ~nprovemen~s vhete such lyitell ire not dedica~ed to the
County. '
2.11 C~CEF~ P~ED UNiT D~E~ $l~ ~
re~tced
docuaent, the fo1X~Ang procedure shall ~ foXZMd,
' a. 'A vtLtten request for sAfe''plan ~r~l I~all_be
: ........ 'submitted -~o the ylanflLng and Sonxng uzreccor
~ - · approval. ~e re~es~' shall incX~e mterials~
- '" necessary '~o demonstrate ~hat'the a~r~al of the
plan v~XI be Afl harmony vlth the general Anten~ and~
..... ~rpose o~ this dec,eat. Such ~ter~aX ~y include,
L~t As flat limited to the fo~l~lng~ vhere applicable,
X} Site plans a~ afl appropriate scaXe'sh~tnv pro~sed
placenefl~ of structures on the pro~rty; provisions
for Angcess and egress, off-street parking a~ of~-
i~ree~ loading areas; yards and o~her open spaces.
2) Plans shoving proposed locations for
hook-up.
3) ~lns tot Icceening lnd
4) ~nl tot ~opolid signs and lighting.
b. In ~he case o~ It~iched single family residences,
clustered buildings, gcoup housing, patio homes, and/or
zero 1o~ line vith canon a~chitectural theme, re,ired
proper~y developnen~ .regulations sly be vaived or
reduced provided a site plan is approved under this
SIC~O~.
C. A fee coflsistefl~ vAth the. current fee schedule for
Conceptual Site Developmen~ Plan approval shall
accompany the application. .
..... "" d~ *~ approval or de~tal lo not issve~ y~th~n tvent~_(20~
M..~.~,,~ .... -.vo~kAng.-~ days,--'the"su~Assion*.imalA'~e
· ,. ....... )~-. ~..,,,. ,~,~..-~,.,~ ~..--~-~,-,
.
~~:., j.>..J~'. -~.~=;~+~-4.~ ~. ~g~ · - I .
~~~.~ .... ~ ....... ___ ' ..... ~~'*~.- -~'-~-. t ·
· :-.~,. ~ K ,~ .2.~a~..~ '~: .......
2.12 ~OO~L .O~EI ~ T~O~T ~ZLITXII
a~el Homes shall be per~t~ed vlthin thls;pro~ec~ s~}ec~
Co the fo~flg p~ovlsl~o, " '
a. Bodels ~y be olX~ed
reco~d~n~ o~ pll~l 'for Maples
be permiL~ed only So long as no_C.O.'s are_g?nt~d a~d
no access or u~AXA~y eao~nto are
pXa~ appr~al and pr~lded t~ a sl~e d~el~n~
plan, An accordance wASh Section '2.~X
~o buAldAng perm~ a~rovaX.
tespora~y utSllty s~te~ prior to' a~lzabllit2 mE
cencFal utSlSty syst~s. ~ ~e ~ales offl~ ~eZ cu be
ten~raFSly connected to a
the requirements of Florida ~nSstrati~ ~e 10~J.
'* The m~el center septic tank use lo ll~t~ ~ ~ ~ar
unless othervSoe - a~r~ed.
~nstallatAofl shall c~ly vl~ ~ re~zreMncs ag cnn
Collier County Health De~rtoent. '~e septic tank and
well use shall be discontinued t~en t~e central utility
system Is completed. "
Golf course restroou ~acilities MT use an a~r~ed
tem~oFary septic tank and vel1 ~til such rAH as the
central system Is completed, at ~lch ~IM l~ shall ~
connected.
c. VrAor to recorded plato, metes ~ ~ds legal
descriptions shall ~ pr~lded ~o a~ accepted ~
Collier County as sufficient for hlldlag ~At
AISUIflCl.
d. Temporary access and utility easemants may be provided
in lieu of dedicated right-of-gays for Ingress, egress
and utility service to mo~el homes.
* e. Site plan (s) shall* be submitted at the time of
· building permit application vhich contain the
lnfornation required under Section 2.11 1.)o 2.)° 3.),
and 4.) of this docuaent.
f. Sales, marketing, and '~nis~rative 'functions are
~ . . permitted to .occur In designated ~el:b~s vithin the
. pro~ect. ',','. :-'.' '~.~ :'.~'.~;:",~,', .... ;.~. .
...~' . '..;... .. ,. · . ...~.....:: .;~.~:'~.-~-.*b:.. ~::~;%~%,..:q.~..~,.:..'..":..' .
' ~ *' *. ' ** ' ~ TeB~ora ry , uses. such;aa A~i~d~:g~. oalesitra~lers
J ~.,*-" . ***'.~:- *' .' * ' ~.* Collier .County. Zoning .Ord~=laC~. q' ~; . ~..--
~... ~ ~ .... ~ .... .,., ~, ~ .....:~- ., ~ ~,.~.: ~:~~~~~ -.
':*' .'.~-,! .'.L~" ,:~ "". ~.~' ~".~'. ~S .
. . ~. ~'.'" . '. ~
lIAbLES GOLF
STJqBOL DESCRIPTION
J~f~OXX~AT~
Residential ''
Golf Course/Recreation
Conservation s Open Space
Lake
aoad. lAght-o£-#ay/r, aeeeent
Plant
"':'C'" Comtercial and Sewage ?reatoent
TOTAL
7tO
o . oe
· .X62.3
78.0
317.3
37.5
S.0
lJ.!
· -- 790 614.0
,,, TKAA
tDI l T S HOL~S
COpLIqFIICXAL
- z
IIX
f
IV 113
v 111
18
'R° RKSXDEATXAL LAIID USE ..
P~POSE "
~pose of this SecO/on is to set forth the re,lateens
for the areas designated on Exhibit 'A', Planned
DEve~opnen~ Bas,er f~afl, as
3.02 ~Z~ MLLXNG ~lTf
A maximum number of 700 dwelling units ~y ~ constructed
on ls~ds designated as
3.03 G~E~ DESCRIPTION
. Areas -.designated as 'a' ~n the gaiter ~nd Use Flue are
d~sXgned ~o acconodate a full range of residential
dvellAn~ t~pes.
' Appr~xlte'~e ac~e~gei' o~ le~' un'tracts have ben Indicated
on the P.U.D. Homier ;lan, iff order to ~Xcote relative
maze mad distribution of the residential uses.
considered to be epproxiute. Actual acreages of
developmen~ tracts viii ~ provided at the time of
platting. Residential tracts Irs designed to
internal ~oadways.
3.04 PERMITTED PRINCZPA~ USES ~
1) Oe~ached and o~tached single rosily h~, Mflufactured
housing (mobile homes end nodulor hones), cluster
homes, zero lot line; ~tio ho~s, t~h~ses,
multi-family dwellings, recroatloflol facilities and
water ~nagenent facilities.
2) Any other use which il COmplrible ~n niture with the
foregoing uses and which the ~lanfllflg and Zoning
Director determines to be co~petible in the district.
3.05 ~ERHITT~D ACCESSORY USE~ ~
1) Accessory vies 8nd structures ~sto~rlly associated
v~th uses permitted In this d~sCrlct..
2) Essential services.and facllitles...~a~.~.-* -.....
3)"' ao~r'eational 'facilitieS.. .;
~. '.., - -" ?.. "~,. '~ ~~. '? ~. .... ~ ~~:-:~,~ ~'"~' T: ' ~. :.'
.... ...~ ... :;.;:; ~. ~.- .: '. .... ... ....~-.. ://~j~ .~
.
.... ...... ~..;.~'~,~.,' .~ . ~-"~ ~__. ~ ~-~ .~ .-~.~;.. . .
· ..,.~..-,,. . ~.~; - . . .
· - ~.. ,....~., ,-q-,- . , ...~ ........
..... :.:.,.
. .~ -~, ...... ~...~. .
, .~,,~- .-~~ ~ . _ ....
; -- '~.~ ....
i Table Il! sets forth the develoGment lt~ndard~ for'~s~d '
uses within the '~' leaidential District. ·
uses apply to platted parcel boundaries.
Front yard setbacks'shall be measured as follovat
l) Zf the parcel Is served b~ a ~blic righc~r~y~
~tbeck Is ~lsurod fr~ the od~ocent right-or,ay
-' - : measured fr~ the ~ck of ~rb or ~go of ~veMnt.
" Standards 'for 'p;~king, l~nd~csping, saws, ~ord h~ses,
~ " security gates smd other lo~d uses not s~clfied herein ore
to be Iff accordance with Collier Catty
o~he~vise specified herein. Unless othe~lso
setback, heights, and floor area standards apply to
Development q~"~dards for residential mtes not sp~cifically
set forth Iff table IZZ shall be established during Planned
Unit Development Conceptual Site Plan Approval as set forth
under Section 2.11 o£ this document.
~LL OR
SZN~L~ SI~L~ ·
~TEGORY ~ 2 J 4 S
~Hz~ SITE 9000 S000 4S00 3500 ~ Ac
~ IF IF IF IF
S~TE WZOTH 75' S0' 4S' 3S' ZS0'
~zN. AVG.
SXT~ DEP~ 120' 100" 100' 100' 150'
~ONT YAR~ 2$' 2S' 20' 20' 20'
SIDE YARD ''' ' ?.S' 0 or S' S' '0 or'S' 20'
SE~ACE 10' CO 10~ CO 10' CO ~0' ~ O'
· ~ YA~O 20' 20' 1S' IS' 20'
SE~ACK PRZNC/PA~ 10' CO 10' CO 10' CO 10' CO 0'
10' CO
REAR YAng 10' PICe ~0' ~iCO Z0' P&CO 10' ~&CO ~0'
SITBACK A~SRY. 0' G~ 0' GC 0~ GC O' GC 0'
~X. BUXLDXHG
ABOVE PAREZNG 2 2 2 2 3
DIST. B~EKH
PRINCIPAL STR, 1S' 10' 10' 0' or 10' 30'
FLOR AREA
al,IaU~ ~S.r.) 1000 1000 900 ')OO
..SITE WIDer. . The avecige diitaflc, helen straight lines c~ect/ng
and rear parcel l/ties at each side of the site, eeasured as strai
lines bi,vein the [o~emos~ points of the .side parcel lines
(e~ the poin~ of ifltersec~ion vith ..,tbs..front. ~rcel line) and
. .- . ~ . . , · ..~ , . . . .., , .**-*., . ~. .~..*~ · .;~*.
· .P. ~erlneteg.;or:/nternal SLtee~.*,.,~.~*~'~~'*'';~
.... . . . , .,.....
q
'GC' Gait COI~lSg/IECIr~TXOll
4.01 i~IPOSE .
The JTurposs of this Section Is to set forth the reghtlona
for the areas designated on Exhibit 'A' Planned Unit
4.02 PEX~X~"~ED USES AND
mO b~lldtng or structure, or pert thereof, shall be erected,
altered or used, or land or wet, used, in vhole or in pert
.--' for other than the follovings"..~ ....
· · -" A. ?sruittsd Prin'clpsl Uses a~d St,ctures
~ .
E
(in iccordence vith lectIo~' 1.10e of the losing
Ordinance). ' :
3) Open space recreational activities end uses.
4) Com~unity center/clubhouse.
Any other Ule vhich Il coB?arable In nature vith the
foregoing uses and vhtch the Planning end Zoning
Director determines to be conpatlbh In the district.
B. Permitted ACCIISOr~ UIel lad Structures
Accessory uses cultouirlly associated vith the princll~ll
uses permitted in this district including but not
1) Pro-shop, practice d~lvtng range, cart bern and other
c~stomary accessor~ Ulll of golf COUrses. or other
rscrsltional faclll~Ii$~ Including ,Insensate area
and pump houses.
shops,' golf equipueflt, sexes, restaurants, cock,ail
lounges,, and-:similar Ulel .Intended to serve patrons
et the .: golf. 'course..o~ther persisted
%~facl~t~.;'u~subJect~~tbe ' pr~lil~s 'of~ the
...... ~.~. ~' .. ~. ol '
~Mpes o~ f~cilities Intended ~or o~tdoor recreation.
4) Vehicle wish facility ' '
4.03 D~E~OP~T ST~D~DS
1) ~erall si~ design shall be har~ni~s la terra of
landscaping, enclosure of structures, locatl~ of
access s~reets and parking areas and locati~
'~rea~mefl~ o~ buffer areas.
' 2) Buildings shall be set'back a Rifli~ of tvent7 (20')
~.. .... fee~ ~ron parcel ~ndiries. Recreational facilities
-'- . shall setback a mLni~m of ten (10') fee~ fr~ parcel
which . viii protect ,-~ roadways . and neigh~rlng
properties from dA r'ect glare or unceasonable
· interference. - .............. .
4) ~axlnuu heigh~ of strvctvroot'
Fif~ (S0') ~ee~, unless abutting o residentially
zoned parcel then thirty five (]S') fee~.
5) ,lnlmum distance between pFiflcipal struc~v~es=
~enty (20'~
6) Setback for structures fro. parcel boundaries
abu~Lflg ~esiden~ial areas, '
Thirty {30') ~eet.
7) Parking for the casualty center/clubhouse shall be
one space per every tva hundred (2G0) square fe,~ of
g~oss ~Xoor area.
8) Unless otherwise specified herein, minimum standards
for parking, lighting~"signs, nad landscaping shill
conform with applicable .Coil/er County Regulations
;~ ........ , ....... . ......~ .... ~ ...,~..:. ~ .'~-*-.~ ~, :.~: -~,."" .... ... ~. ~ ....
,.'~ % · , 0) nin~nun =lu~ setback ~for'all 'atructures a~ttin CO
~ ~..'.,: ..~ , , ~ · _ . , ....... , . ~..,. ,. ,~.*~g
~.. , · . . ..,~ 4 2 ., . .. -. . ~, ' ·
'CO' C~S~VAT~ ~ 0~ SP~ -
5.01 ~POS~
The ~r~se of thl~ Section Is to set forth ~he regulations
rot ~he areas designated off
S.02 ~E~ USES ~
- Mo b~lldlng oF s~ruc~uFe~ o~ paF~ thereof, shall be erected,
al~e~ed or used, or land or water used~ in whole or An par~,
~or o~her than ~he follovlfl9, .
.. 2) Biking, h/king, and nature tra~ls..
3) Equestrian pa~hs.
4) Wildlife sanctuary
S) Water management ~acilit/es, as re,ired by the South
Florida Water ~aflageaeflt District, roadway crossings and
utility crossings.
61 SecreatLonal shelters and restro~8, in ' ,
areas. ~ upland
7) Any other activity or use ~Lch lo similar in nature
v/th the foregoing u8o8 and ~/ch the Planning And
Zoning Director deternines ~o h cotpatible with the
in~en~ of this distric~.
1) Overall site design shell h hart~lous with the area'8
natural ecological characteristics in terms of
landscaping, enclosure of structures a~ l~ati~ o~
access points. · .
· " } All work proposed In constrvatlon areas dtsl~ated on -- , tho Aaster Plan, shall~h
· ~:J '.z'{~' ' ~ o~ :any "such ,act/vA fy; ~~~.--.~Y~,,-~~"~
..' --~~~~' .-'-"~ ~a.,~~- -~..~; · i
4
6.01 ImJ~OS E
6.02
The purpose of this section ti to set forth the regulations
for the ·rea designated on the iUD ~aster ,lan (Exhibit °A')
aa °C' Commercial. This ·rea Ia loc·ted vithln · designated
coammity commercial node, therefore ponaitted uses and
standards for tala commercial tract, are
those 'perultted by the C-4 sorting district of the Collier
County .$o~lng Ordinance. .-. .-~ ......
PrItHXTTED USES A; II)
,o I~uildlng o~ structure, ~£-p~rt thereof,' s~il'be erected,
altered or msed, or land or water.used, in whole or tn pert,
for oth~r than the follovings. · ....
,ermitted Principal Uses'and Structures~ ..
(a) Antique shops; appliance stores; art atudLosl art
supply shops; autouobLle parts stores; automobile
service stations without repairs (See Section
0.8).; arming shops.
(b) Bakery shops; bait and tackle shops; banks and
financial institutions; berber and beauty shops;
bath. supply stores; bicycle sales and services;
blueprint shops/ bookbinders; book stores;
business machine services.
(c) Carpet and floor covering sales - vhich may
include storage and installation; churches and
other places of va;ship (S.e Section 8.11)o;
clothing stores; cocktail lounges (Set Section
8.~)'; canoe;rial recreation uses - Indoor;
com. ercial schools; confectionery and candy
stores.
(d)
Delicatessens; departuent stores/ d~ug stores; dry
.... ~~ **~. _ ......... ..T:. ~ "· cleaning ~'..shopsj. dry'.~ go'ds ,:- atores~, and drapery
'... ~ ... ~ '-' _.,.~..,~ .. ~hops..~.~ ,, · -..~,~.','-~' ~.~,~ ~-"4. 4.;'~'~.'~..".'~ .... "' ' -
~ · . .. :~ ~ . . .- ~ . .... ..:... .... ~ . ~..; ,[.~.~ . ~ ..............
- .- ~ -%. r ' ~ " ~ ~'~ .' · ..", .;..~'.''~y ~ "' ~ T~ ,
· ~.< - .; ':~ ..... ~,~...'~=,~~.. , ....~.':: .:..,.'. :,~, ~ ~ ~~ ~1.-~ ~
· /'. 2:.?~/;:"~ .: .. '?'~ ' ' 2 · .' ~* ..~ "~ ~'..~ ·
~, ~ ~.~~. ~~"- .... -.... ~ ~ ~ ~' ....... ,~.~. ~,. ,.,~'~' ' ....
d
(k)
(e) [lectrical supply stores; squipment rentals
including lawn severe and paver saws. ..
{f) fish market - retell only; florist shops;
fraternal end social clubs (Sst faction
funeral homes; furniture stores! furrier shops.
(g) Garden supply stores - outside display in side and
reit yards; gift shops; glass and mirror sales -
including storage and installation! gourmet shops.
(h) Hardware stores; hat cleaning and blocking; health
food stars; homee..for the aged~ hospitals and
hospices ....
Laundries' self llrV/CS 'Only! leather goodl;
}egitimate.theetrel;. liquor ltOrlll locksmiths,
offices and clinical lillinery. IhOpll ~OtlOn
sutOlob/le repair work.
Way car dealerships - outside d/splay peri/tied;
news l~oree; night clubs (lee lettish 1.11)*;
(n) Office - general; of£iCl supply stores,
(o) Paint and va11 piper asarci! pet shops; pet lupply
shopl; photographic equipsent stores; Pottery
stores; printing; publishLng and lileograph
service shops; privets clubl (lee Sect/on
profelSlOnS1 o~fices.
(p) ~sdio and television sales end services; radio
listless Io£fiClS end studios), and auxLl/ary
traflsmittlrS and receiving equipaent, tmt no~
rincipal transmission tower! research end design
aba; rest hones; restaurants - including drive-in
q-' 'or fact food restaurants. (See Section
;
q :, . % · ~ ..... ., .. . -.._ : .- .. -. . . .... ,.'.... ....... ~..-~.. '-. , ~., · ~ -~. ·
.... - ..... r iq; Shoe re.p,a~r; s, hoe etores~,~shopping_c, enters. (See
~' '" '.~r~ . ....,-...~._ .... Section.,~lO.Sl j :,~souvenir ,.' atoitl;
l ~ ~ ~/~ -~ ~ '--'.~, ~.}, '.'?. :~,~t ~yl~ ~tnt~ plant .~~ ~-~ -~ ....... ' .. . .~ ...... . ....... ......~.~ ;.... J;~-~ ~;-.~-.,.~,,. : ....... .
4 :' ..,. ' ' " .., ' ',~ ' .. '
~';, ~ ~"', ,?' ~; ~i'~ ..,
~ -Z,- ..~.... ,~ .'. . ' ~, ~ <. ; ', .~
. .; -..? .... . ..... :.. ...... ... -
{r) Tailor shops; taxidermists; tile sales - ceramic
tile; tobacco shops; to~ shope~ tropical ~lsh
8~OrtS.
(s} ~pholscery shops. ' '
(~) Variety a~oresj vehicle rental - autouobiles only;
veterinarian offices and clinics - no
kennels..-
(u} Match and precision lnstr~ent repair shops.
{v) Any o~her comercial use or professA~al se~Ace
which is conpa~able An nature ~lth the foregoing
uses and'which ~he Plannln9 and Z~in9 Director
· -~.' ,de~ernines to be conpa~ible In the district.
ternitte'd"Ac~e~0r~ Vse~ '~nd'~'f~ctb~tt~ Accessory
uses. and. s~u~u?~ ~Vs~o~rlAy~,assOcli~ed with th~
uses permittea'xn tats uxa~rxct'. · '"' '
(a} Caretaker's residence {See Section [.40}~. '
- .. · .., .. . .' , ~- · ..... ~. · ..
Perni~ed ~ses and S~ruc~ures re~ulrAflq SI~e Plan
A~proval per Section 2.X~ o[ ~his P~ and sub~oet to
~he ~ollowinq criteria, The grantin~ o~ these uses ~il1
P q g r Lng the individual use, if
nay, have been net ~ the developer and that, further,
satisfactory p~ovision and arrangement has been ~de
concerning ~he foZloving ma~ers~ where applicable,
~) General compliance with the Conprehonsive
2) Xflgress and egress to proper~y and p~o~sed
struc+ures thereon vXth particular rt~erence to
· nu~omo~Xve and pedes~F~an sefe~y ted convenience,
~raff~c fZov and cofl~roX, and across ~n cases of .
Zire or catastrophe;
3) The affect the provisional use would hays on
- neighboring properties In relation to noise, glare,
. economic or odor u~fec~s; '
~) General. compatAbllA~M' 'wi~h ad3acent pro, tries and
~-~'~.~ ., ~.. - · '..- -~ '~.'~ .,~,'.,~-.~,~.'... - .:-= ..
~ --. ..: ~.~ ..- · · ..
.'. ~-~- ~. ~ .,~ .....
{b) Child care center. "
(c) Com!ercLal recreation - o~tdoor
(d) DetaChed residence In con,unction vith ·
business - ~e (~) ~r
(e) Drive-La theatres.
(f) ~er~t~d use' vlt~ lisa the 1,000 s~are
- .- ~.. fee~ gross · floor- area . In Zhe prlncl~l
('g) Used ca% ~o~s and ou~door boa~ sizes.. , . .
automobiles.
(i) Time share facilities.
(~) RetiL~ si~el of propifle glo.
(k) TeZevLsLo~ I~1~1o~1 (offlCll I~d l~UdLOl) lad
e~ipaen~, ~t not princ/pa~ transmission
rowe r.
4} Developmen~ S~afldardl:
2) ~LnLmum ~o~ WLdthz One hundred (X00) feet.
(a) rrofl~ yard - ~e~y five (25) feet plus one
(~) foo~ rot each tvs (2) fee~ of
'-heigh~ over fLfty.'(S0) feet.
· " (b)' Side yard "- Xone, or · nini~'~of' fL~e'
~' ~ . ~ ..~. ' - ·; ......... fee~. -v~ .unobstructed passage from 'fron~-to~
(c) Rear yard
XO foot mlnLnun setback for aXZ structures
ubu~t~ng C0 ~racts.
4) Maxlruu ~!;~ht= FLfty (S0) feet.
S) Mlninum~l'~oor Area of Itructuresf One thouoand
(X,0O0) Square feet per ~ulAdXng off tho ground
floor.
6) Distance letveen ItructurEs~ IOH as for olde
yard setback.
A ~lndicipo ~ffer In iccordinco v~th Sectl~ 0.37
of the Zoning Ordinance IhiXX
the sou~h pro. ray
resldent~a~ area ....
These section references are from'the ~0XX~er county zoning
A 50' setback from
provided ~nd
Section e.39 of the Collie~ Coun~ laming Ordin~nce
shill separate the ST~ ~rou l.l. 84 and the co~ercill
developnen~ area. Haxl~m height shall be S0 feet.
7.01
7.02
ne p~rpose of this Section ia to set forth the developnent
couitnents of the pco~ect.
~.~.D. ~ST~ ff~ ·
&. 'The P.U.D. Master Plan. (Wilson,. hiller, Barton, So11 &
'~ ........." '-'~: Peek, inc., Drivin{:rlle I~nber I3-i?3A) is in illustrative
· ': " ':.'~., ~relininary .deveXopumnt~ pXan.':.,.,'~ei, design criteria an]l
~" "';';""' ...... layout Illustrated- on the Haster Plan shall be understo~
shell be granted to lnsura the continued operation and
soln~enance st ~1 service
~. c. Sl~e design changes ih811 be perAitted sub~ect to County
e ataf~ adninXstrative approval, vhere such chenges are
c~nsisten~ with the intent si this P.~.D. and do not cause
~ sign~lcan~ impac~ to surrounding
~ 7.03
X) Pe~/one~ shall be sub~ec~ to Ordinance 7~21 Iai the
, ~ree/vege~atlon rlmOVll ordinance in exis~ence a~ the tine
of pernl~ting], reqviring the acquisition of a
renewal perni~ prior to uny lnnd c~earing. A site clearing
= plan. shall be subnit~ed to ~ho Natural Resources
Depar~nent and the Conuni~y =evelo~ent Division for their
- review and sub~ec~ to approval prior to any substantial
work on the site. This plan ~y be submitted In phases to
· coincide with ~he developuen~ schedule. ~e site clearing
.- .. plan sha~X .clearly depict....h~.the, final site layer
. ~ncorporates re~alned native vegetation to the
f .... ..-. ~ :.ex~ent posslbXe~ and h~ ,roads, ~lXd~ng, lakes, ~rklng
': . ~o~s, . and · o~her_ ficLX~es ..have.=hun. oriented
.?.
' flanagement Department and the Co~aIt!
_ ~iliO~ ~or..~h~ir. review.and sub,eot to ~elr
~flzs plan vzAA aep~c~ the zncor~ra~lofl of native
.~ and Cheer nix with o~her species, If any. ~e goal o~ s~ce
landscaping shall be the re-creation of native ~9etacion
~ and habitat characteristics loot on the site duri~
~ construction or due ~o past activities.
_ 3) All exotic plants, as defined An the C~ty C~e, sh]l
~ renewed during each phase of construction frudevel~nt
f ' areas, o~n space areas, and prese.e areas, roll.ins sL~e
_ develo~e,~, a ~i.~e~aflce p~ovraa shall h lmplmn~ed
~ prevent re,suasion az ~he sS~e' ~ ~ch exotic s~cles.
q · ' 'ThL8 plan. which viii descrLh con~rol ~echnl s a~
· " '' "'inipec~o~ .intervals;' shall be filed vl~h and sauce to
-- . . ..... ..pprova~ Dy the.Na~ural hsovrces Saaagement Depar~at
O ] , . - the CasuaLty Develo~ent DivisiOn.' ' '' ''
4~ Zf during the course of site clearing, excavation, or other
~ -" - ' -' constructional "activities, an'archaeological sc historical
~ si~e, artifact, o~ o~er Indicator ~s diic~er
~ ' d v ' ' ed. all
' · eXopmen~ a~ ~he~ location 8ha~X be lnedla~eXy seeped
and ~he Natural Resources ~anag~nen~ ~pa~nen~ uo~Afied.
~eveXopuen~ vAll be suspended for s 8uffAc~en~ length
~Ane ~o enable ~he Na~al ~esouFces ~anagenen~ Depar~Ben~
oF a designated consul~a.~ ~o assess the find and de~e~Afle
the prope~ course of action La re
~ -bm,,L W~AA rasing to any IVCA no~if/ca~/ofl in a
timely and eff/cien~ Mnfler lo al to provide ~nly a minimal
in~er~up~/ofl to any constructional act/v/ties.
. S. All areas dssignated CO" on tho Has~e~ Plan shall be
] ua/n~alfled as habitat prsserves, must be fla ed
~ gg ~ ~he
~ ~hese ~ufld~cies sha~l ~ 8vb~ect to the review and
'. approval of Natural Resources Hanagemefl~ Department.
~ gco~oflal areas as idefltlfied on the pro~ect Vege~atiofl
. shall be subject ~o mapping, field adjustments and approval
of ~he N~D. ~tSO areas a~e to be recognized as areas
requiriflg a hlghe~ level of review prior ~o ~inal site
~ developmen~ approval, and subJec~ to ~pping and, field
~ ........ ad~ustnen~. . As part of final site developmen~
~ , .~.~ . transition areas ~o ~ p~ese~ed within the rase
. '~ ~ .-~ ~:~A ~h~ final Si~e Developmen~ Plan as ~An within
q~ ""~ ~ ' ''~ ~b ............. ' - g' the
.~. .'~'-...::~ :.~:~:~'~ ou~dac~s o~ ~he conservation ar..l'~
· . :,.,~ ,. ~-.,..-...,,, ,j.-)~: .~-.~- .~.' . ~- y .,'.,,'.'~.",:..~,- ~
.~.~,..~-)~ .,~ .,.' ,.. , (~ ,~ . .. ..~'....- ,. , ........ .. ~ .~..~ .
;.
Uses o£ ecs·ansi habitats that are determined to be vithSn
the preSErVE still shall be restricted to limited
developlent luch al golf COUClI rOUghS, pSSllvI recreation.
or residential yards. Residential ·teas that cant·in such
habitats shall be sub, ecS to restrictions th·t will allow
limited clearing, falling, or Ioddlng In these designated
steal, iub~ect to the review and IpprOYSl of Nltlqo.
Residents Ihall take ipecl·! la·ns to preserve extant
biologicll colnunitiel (excluslv· of toxic pi·nra or
venomous animals). Dead restrictions shall mandate ·
minimum of claaring of native vegetation on residential
lots, amd that s County Trea Reloval fferllt be obtained
the developer prior to land clearing.
8. The "a~JS-renge" rater lansgtlent excavation as depicted
. the site plan shall be designed and constructed In a mann,
that is accommodating to the axistlng c~press vetland~
Shcra~lnas shall reflect this in design to rattan ea~stit
cyprass yeti&nd habitats. The intact viable cypress
veil&nd in the center of this rater managslent feature
shall be maintained as s habitat island.
The petitioner shall design, construct, and ~ln~ain a
water nanagenen~ plan tha~ viii introduce ~ro~eet
stotnwa~er runoff to wetland areas An an at~enpt to hel~
restate historic water levels and hydr~pe~loda In the
pro~e~t wa~er te~en~ion and ~teserve areas.
lO. To maintain a~lfer re~harge and natural surface
sheet~low, all sur~a~e wa~er management shall be achieved
on sate. Sub~ec~ ~o the approval o~ the $ou~h
~ater ~anagemen~ District and reviewing environnen~al
a~encies, surface wa~er discharge shall be directed ~o the
' oas~ern wttland arras to Lhe ex~en~ possible by pernlt~ing
regulations.
~. much
As as la practical and possAbXe or the upland oak
hanock and ad3aceflt cabbage paX, ha~ock in the
, north-central area of the tract, as idontl~Xed on site,
sha~l be Incorporated In the conservation area. ~e pall
' hammock IOu~h of the proposed co~rc~a~ area,
identified on site and ~ aerial photograph, shall
'' similarly be designated 'CO'. ~e physical limits of these
.-= .... ~ . hanocks shall .-be Identified ~ the petitioner, and shall
.:. ."be sub~ec~ ~o the review and approval of ~m.'. Road access
*~-'-.?~;~-~-~ ..... ~ crossings -shall ~aXl~ed-in these areas'a~ credit shall
'" .' .... :"- ~" b~"~ appXted.- for conse~atl~_of~hese are·· tMrd
4
p.
?o increase biological productivities and enhance habitat
values, aide slopes of lakes .disc.at to preserve.Areas
shall be designed and constructed at o pitch of Itl or
shallower to · depth of three feet balowmaan lov vater.
Oth.r lak. aid. slopes shall be designed and construct.d at
a pitch of 4fl to · depth of three feet b~lo~ main
water. Like margins ahaIl be adequately planted with
compatible littoral and emergent flatly, plants, to help
restore nativ, littoral habitat.
The petitioner shall design and implesmflt · program to
pr.vent or minlnia, populations of noxlo~a/exotic aquatic
plants in the water Banns.neat systems. Those sMcioa
should include, but not be limited to, hydrllla (~
vertlclllats! and voter hyacinth (gichhornia ens~.
· hia pre, ran shall be subject to the ~view and~r-~-~l-of
R.i~.., '- · · .. [ .2 ,'..P''o*,. · . -. .: ~. '
The Potition. r shall be responsible to provide · surve~ for
.the presence and distribution of protected option, subject
to #PJqD review and approval, prior to approval of final
alta developmaflt plan.. Th. survey shall encompass any
species off the latest edition of the Florida Gnma and ,rash
Miter Fish Commission's 'Official Lists of Endangared ·nd
Potentially Endangered Fauna and Flora iff Florida*. lik.ly
to occur on-site, specifically tho · gopher tortoise
(6opharus polyphsmua) and the red-cockaded woodpecker
(~Aco-~l'd~ boraalis').~lf warranted, project designs viii be
adjusted a~d?or individuals and/or pop~lationa of protected
plants and animals will bo relocated to the preserve ·reis
of oth. r appropriate areas approved bymmu.
An archaeological survey shall be conducted by qualified
personnel, subject to approval by WinO, prior to approval
of the project construction plans. Xf warranted, project
designs viii be adjusted to save any existing ~lstorlc or
archaeological aires, or the artifacts carefully r.noved
and saved as per accepted archaeological field practices.
Adjusted project designs and/or removal of artifacts shall
be subject to approval by #lmD.
The four upland'islands in the eastarn third of the site
shall not be developed, but shall remain aa habitat islands
vithln~-, that .conservation. eros and used for passive
..,recreitlOfl;- ;,'-Credit for de~elopue~t'ln' transitional ·ross
d
X7.
11,
l J,
20.
22.
Amy access structures that must be placed within preserve
ereJa of the project shall provide sufficient water flow
beneath the structure to miflimise water l~ndment and
obstruction of natural water flo~ through the.preserve
area. Road and path construction throughout the pioJect
shall be designed and constructed at a minimum width,
determined by good Food construction standards, to BinimXse
destruction of existing habitat.
The petitioner shall design smd l~plemeut proper culvert or
breach points in the existing powerline easement to help
restore historic surface flow patterns through the Wae~ern
part of the project. Collier Coun~7 vllX york with the
petitioner to obtain ~ermiselon fro~ Florida PMr and
L~gh~ for construction of ~hese s~ruc~ureo.
riflal alA~flt of aXl structures, confi~rat/~ of
~nageseflt excavations, roads, etc. shall ~ sub~ec~ to
uther field ad3ustaents-~to preserve"valuable existla,
~e pe~ltAonec.~ and ~he Natural aeo~rcel.
Departaen~ shall cooperate on the f~fla1 layout of the golf
couFie~ iff an attempt to produce habt~at coupr~lie that
acceptable to bo~h parries. Prior to constr~ctlon, golf
holes and fairways vA11 be field s~aked by tbs petitioner
and sub,ecS to review and approval of the Natural ~esources
.anatement Department.· The pe~ttionec and ~D wall
cooperate ~fl ~he f~nal layout of the golf co. roe In any
areas where 1~ Invades ~he vetland or ecotona1 wetland
&rems, ~o result in a course ~esig. that m~flinlzel
on these habitats, sub~ect ~o go~ golf c~Ese design. ~e
petitioner shall Rake reasonable fXeXd &d3us~oents of the
goX~ course to minimize habitat destruction to the extent
~ac~Acable and consistent wASh go~ golf course
~ere applicable because of deveXo~ent,
components o~ native plsnt conunities shal~ be
tranuplanted to within preserve areas, or uitd Ii landscape
elements v~thAn the pro,ecS.
A~i areas ad,scent to the golf c~rse shall pr~Ade ~ffer
sones to protect and maintain the ~aXlty of
natlYe vegetation bet~efl the golf course and the
units..'. Buffers ,eha~l ~e a martini of 20 feets
buffer . are~l ...'should be. encouraged by way of
'" .... ~ ' ' % "''reitrX'~tioni.6r?re~arded cX~rXng XlnAt linee:-~-·
,~..~.' .-,. ~ :-~..-'~,
deed
Raster:; fflafl ' shall be
l) Tho utter maflageueflt system shall be designed to tak~
consideration the loss of historical bolla leafage sa
property.
' 2) No construction permits will be issued unless and
- approval of the proposed construction in accordance vie:
: the submitted plans ts granted by Woter aaflageeeflt Advieo~
· moard staff and the South Florida Water
q ' Distr/ct. .
~ 3) Afl excavating permit vile' ~ re~Lred for the rs
. . . p
lakes la accordance with Collier C~n~y Ordinance
- · , ,.- 80-26. - · - ~- ' '.-.~-' ...'
] .' . . .... . .~ .- . ~- ·
I ' · ' ' ' ' ' '" '. , :'-'~' '
d 1. The Developer IhlJJ provlde~'",~on~litiflt with
Il-iA, left 8fid right turn llflel off C.X. JSI I~ J.R. 84
~ .... 8~ pro3ect entrances to ieslde~'tls~ Irbil. ACCeSs to
~ c~ercle~ f?n C.R: JSZ. Ihl~ lncor~ri~e 8 north~n,
. c ess Is needed 'before C.I. -9S1 Ii far-lamed.
· Developer shall a~8o reAaburse'the C~flty for pr~ldlflg
~ replacing these t~rfl lanes end pr~ldlflg a median openlfl,
88 such time os C.R. 95~ Is four-lofted. Access to
' commercial psrcel vii old m.a.' 04 shill lflcor~rate
lines for both eastbound end westbound may. Befits mlong
~ collector road improvements to I.A. 84 between the
~ point and C,R. isl. ~l collector road lnprovesents vbic~
may be necessary Include road widening iud application
~ asphalt friction surface. Upon the f~-la~/nV'of C.R
'* 0SA, ~he Developer IhaZ~ bear the cost of needs,
' intersection sodlfice~Lofls off i fair share basis. A~
improvements ~o o~d S.R. i4 sh8~ be on · fair shore
vtth the Developer of the Toll Gite Coilercil~ ~.
2. The Developer Ihl~Z provide 8 fist ihlre cofltributio:
tovird ~he cipttl~ COltl of lay trltf~c Iignl~l fllCllllr.
I~ prOJlCt lCClllli when dlllld vi:rifl~td ~ the Count:
- Engineer. The i~gfllli Ihl~Z be o~ed, o~rlted,
~ llLnti~nld by CoZZLer County,. The hYeZo~r IhIZZ
Irtertl~ ~lYl~ I~ree~ Zlght~ng It;l~ project Iccellel.
· ' · · ",' ' ' "}* '- -'-~ t'-1'-. ' ' ' '
:~' -., ~,.~ .... ~; ~ CO.ROi~DEVXcll
.
.... ... ,,. .,
construction requIrelentl Aa t££1¢t It the
construction pllnl Ire approved. TWa above tilkl,i~lt be
coiplete~ to the satisfaction ~ the U~iZ~t~es D~Aiion
privately o~ed, into IlrYlCl. ~Ofl co~letion of the
rater and/or sever facilities and prior to the lssulace of
Certificates of Occupancy for structures vith~fl the pro~ect
the utility ~acill~es shall ~ conve~ed to the County,
vhefl required by the U~t~les Dlv~olofl, ~riuant to County
Ordinances and ~egulatlon. Iff efrec~ at the tt~ conveyance
la re~ested.
A~ constructton p~ans and tec~tca~ speciflcat~ons a~
proposed p~a~s, If app~lcabXe, for the pro. sod voter
dtstrt~tlon 8nd savage collection and transnlaalon
facilities ~.t be revleved and i~r~ed ~ .the Utilities
division prior to coueflcement of coflit~ct~o~. '
Ail' custoners connectln~ t°' t~;' vater'd~S~rl~tion-
savage coX~ec~ofl faclAlt~es'v~' be 'not.ers of the
County and v~XX be b~ed by the County tn tccocdance
the County's estabXlshed rates. Ih~d the C~y not
tn a position to pr~td, va~er 8~/or laver service to the
pro~ec~, the valet and/or se~r customers shal~
cuitomerl o~ the ln~eril utility established to serve the
pro3ec~ until the County's off-site rater sad/or sever
~acAIA~Ael ore a~allabXe to serve the
zc is anticipated tha~ the County Utilities Division viii
ultimately supply potable vlter to meet the consutptlYi
demlnd ~nd/or receive ind treit the lev~ge generated
this pro}ect. Should the County I~stem not be
position to supply ~t~ble voter to the pro~ect ~nd/or
receive the pro}ect'l vlitev~ter It the time deYelo~ent
conences, the Developer, It his expense, viii lflstollafld
operate lnterin -t~er supply and ofl-slto treatment
facilities and/ac iflterlR on-site savage treatieflt and
disposal facilities adequate to neet ali requAreaeflts
~he approp~ia~e regulatory agencies.
~ agreeBeflt aha2: be e,tered into be~vee, the County and
the Develops, bL.atng on the Developer, has assigns or
successors, legally acceptable to the County, prior to the
approval o~ construction do~en~s for the proposed
*a) The ' proposed '.'.. va~ir ~?uppl~'~nd'~ og-i~e~, trea~Mnt
* ~ :~facill ~iel - ~ and/or ~on~iite~'. ~Ai~evi~i~t(ea~nt
.~as part or ~he
interimr they shell be constructed to State amd Federal
- standards and are to be ov~ed, operated end maintained
I~/ the Developer, his assigns or successors until a~ch
4 time as the County's off-site water facilities and/or
off-site sewer facilities are available to service the
~ pro,act. The Interim treatment facilities shell supply
~ services only to tAose lands owned by the Developer and
approved bM the County for developaent. Se utility
~ facility(les) may not be elpaflded to provide water
~ and/or sewer service outside the developueflt bu~ndary
i approved by tho County without the written consent of
_ . the County. .
~ ...... b) ~pon connection to the Couflty'l off-sits v~ter
feclllties, and/or sever flcllittel, the Developer, his
· ' -% '' '- ° '~' assigns or. luCCellOrl 'shall abandon,, dillentle &J~d
~ .' ' - . remove from' the site the interim water and/or SM
· -' ''treatment facility'end discontinue use of the
, ~... ........... . . supply .so~rce, If applicable, In a manner consiate~l
j with State of Florida standards. All work related with
~ .. '. . .. this activity shall ~be performed at no cost to ~he
~ c) Connection to the County's off-site water and/or newel
e facilities" viXX be made b~ the owners, their assigns
. successors at fie cost to the County within g0 days after
~ such facilities become available. The cost of
d connection shall Include, but not be limited to,
engineering design end preparation of constructIo~
- documents, permitting, B~diflcation or refitting of
- existing sewage p~mplng facilities or construction of
d new master sewage ~-ping facilities, Ifltercoflflectlo~
. with County off-site facilities, water facilities,
, Intercouflectlon with County off-site facilities, rate,
. * and/or sever lines necessary to make the connection(si,
~ e~C.
d) At the time County off-site voter and/or sere,
· facilities ar, available for the pro,act to courier1
, with, the fol~G~Lng water and/or lever facilities shall
be conveyed to the County p~rausnt to appropriate Count]
· Ordinances and ~e~ulstiofla in effect et the time.
~ '.- ' ' 1) All water end /or sever facilities constructed i,
~': ~ · . ..... ..,~. publicly' .owned. rights-of-way or within
· ~ "'-" ..... ' . ' :' ~ .' easelents re~ulred ;. by ~he .Co~nty within th,
2) All water end sever facilities required to sonnet!
the pro3ec~ to the Co~nty's off-site water
se~r f~ci~Aties ~ea the on-site ~ter
o~r zaci~l~les are c~ot~c~ed ~ pri~t~
~ro~rty o~ no~ re, ired ~ ~e C~y to
located within utility easeMfl~s, lncl~iog hi
' a) ~aifl sewage ~1~ station a~ force
-- lfl~eFco~ect~ng with ~e C~flty IMf
~ facilities lncl~inV a11 utility easements
T ' : b) water dls~i~tiofl facilities from the ~int
~ . ~ ' of connection with ~e C~nty*s ~tef
~ ' ~ facilities to the master water meter
~ ....... ~ . . the pro3ect, Including all utility easeMnts
-'. · neces:ery. .
' e) ~e cus~ouero served ~ aa interim basis ~ ~he
~ - .-'- ~ sys~e, constructed ~ ~he ~veloper shall bc~
~ · ' ~ customers of ~he C~n~2 a~ ~he ~iBe ~efl C~n~ off-sl~o
' wt~e~ and/or sewer facilities ore available ~oYse~e tho
~ - pro~ec~ and such cofl,ec~lofl is Mde. Prior
J co~,ec~to, of ~e pro~ec~ to the C~aty's orr-olde
4 end/or sewer facilities the Developer, his assl~s, or
sMccessors shall turn ~er to the County a complete list
- o~ the customers served ~ ~h. interim utilities systes
a,d shall flo~ compete vl~h ~he Coun~ for ~he servlc
a Y · of
· ~hose customers. ~e Developer shalX also pr~lde ~be
. Co~fl~y wl~h a de~oAXed Inventory of ~he
~ served within ~he pro~ec~ and ~he en~l~2 which will
~ responsible for the water and/or sewer service billing
. . fo~ ~he pro~ect. ·
· f) A11 construction plans and technical specifications
' related to connections to the C~flty'8 off-site water
. end/or sewer facilities will ~ su~/t~ed to the
U~il~tles Division for review and appr~a~ prior to
· coneflcemefl~ of COnI~FUC~IOfl.
' g) ~e Developer, has ass/gus or ,~ccessors agree to pay
, . . all sys~eu develo~a~ charges a~ ~he ~i~ ~ha~ Building
. ~e~A~s are ~e~Lre~,..~r?~n~ to a~roprla~e C~n~y
· '~ · ..... ~raxnances -lng ~.RO~Aa~IOfl~~ la efrec~ ~a~ ~he
~ .... · of
~ ...... - ' .. aAA prospec~xve.~yers sE pro, riles for ~lch
~'. *' "~*'" ~ .~ ~. petal,s :~vll~be_ re~lre~..prior ~o~he s~ar~ of lldlng
..~.' ~ ~ .-.~: ~,: ... :~'.,~,,- .~ ~.. ; ~,--, ,.~.~~. - - . ,~_.~. .
_, ...' ~_ '~..~ ~ "' =' .._" ~:~:~: ..'~T'. '~" -"h~ ~ .~:~". 'j ';: '~ ~'
.. ,'~;~"..'.:. :.. A' . ::,.~
! .
The County vii! Xease to the Developer for operatio~ and
maintenance the Water distribution and/or- sevaqs
collection and transmission systsm for tho su~ of dl0.6O
per year, v~efl such lyltem Il not connected to Lhl
off-site vstsr end/or sewer facilities owned end
operated by tho County. ?erie of the lease shall h
determined upon coopletlofl of mae proposed utlZltT
construction and prior to activation of the Water
supply, trestMflt and distribution facilities and/or the
savage collection, tranomlstion and treltieflt
effect until the Co~nty con pro, ldo water and/or sever
t ~ ': - ' . ' service, through its off-site facilities or until such
tlBe thst bulk rote water and/or sever oervics
· . project. :._ .; .....: .;~ ~-
~... :.. :....~ ?)..o.~..red, red u~er C~ty Ord~nanc.:.o.
; · ava~lobA1~y ~' of "sMge servlce~ mst ...h s~tt~
, . %:'2 -.... appc~ed ~ the':Otilities Oivisi~'prior'to appr~al of ~
construction do~fl~s for,~e prelect .... I~l~.a .c~ of
...... ~he" a~r~ed 'Dm' ~rm~s~. for ~be Se~Ve'cO~leC~l~ and
to h utilized, u~n receip~ ~oreof.
C) ~f' on interim on-site utter .u~ly, treatseat
transmission facility lo utilized to se~e the pro~se~
pro~ec~, it ~st be pro~rly .ls~ to supply overage
peak d87 4~es~lc de~fld, Iff addition ~o f~re fl~ de~flC
at a rate approved by the appropriate Firm Control Distr/cl
servicing the pro,scm ores.
O) Construction and ownership of the water and imm
, facilities, including shy proposed interim water and/o!
sewage treatment facilities, shell be in compliance vitl
all Utilities Division Standards, Policies, Ordinances,
Practices, etc. in effect at the tine construction approva:
Il rlqUllted.
g) Detailed hydraulic design reports covering the ware1
distribution and sewage collection and transmission systsm~
to , serve ..the pro~tct_ must be . submitted with th,
.... " construction documents 2or the prelect. The reports
4 ~.' .. -.~.-..,.-~'' - .>...list all.~esign assumptions,, demand rotes and other factor:
· . pertinent.to t~e'system under consideration.
do.lents Ire lu~Jtted for the project, re~ir4Jng
~eryic. from the District. ~e Agromnt shill cfltlifl,
~t not ~ Xln~ted to, tb fail,lng lt~t
X) ~e.~roJect~'s ~l~r(s), his Iss/~s or ~cflosor8
snaAA negotiate an ~reeNnt with ~e Dlstrl~ for ~e
use of treated s~oge effluent ~thln ~e project
~mAts, for lrrl~atl~ ~ses. ~ ~el~r ~d
~ res~fls~b~e Esr p~ldlng 811 ~site p~pi~
~lng fscllAties fr~ the District's ~lnt of
delivery to the proJe~t'a~ negotiate
District to pr~lde full or ~rtla~ ~slte storage
facilities, as re~lred-~ tb D~, c~slstent
.... ~e value.of treated..ustMter to b
~e. utiZlty, c~t,ct/~ "do~nts for ~e pr~e~'o
aeverag, system shall ~ pre~ared to ~taln tbs ~sl~
· c~nstructlon- of ' the ? ~=sLte'~ force "mSs ~lch
u~tL~tely connect ~e project, to the future c~tral
s~age.' facilities or ~0 OLstrlct la'~ Davis ~levard
~xgn~f-oz-vay. .. ~o force..maln nat b este~ed
on-s~te ~up station to. the. nort~st corner of the
pro~rty at the rights, f-vaT ~ne of C~ty ~ad
OXd State Route 04 a~ cap~d. It not ~ lnterc~ected
to the Mp atatl~ vl~ a~r~rlnteXy l,ated vaXves to
~rnlt for sidle redirection of the project's oMge
connection to the C~Cy's central sewr facilities, ~p
Station 3-X4 consistent vl~ ~e S~ C~nty IMf ~ster
FAns, hcones ava/libZe.
· ) The on-site v~ter distribution system to serve the project
q .. lha'll be connected to the DLetr/ct,a l0 /nch v~ter'mein on
· Old State louts 84, extended throughout the project and
' looped to the District's 20 Inch voter ~In on Cll 0al.
~ l~Jriflg design of these facilities, the following features
shall be incorporated into the distribution aystem~
a) Deed end moans shall be el/mia&ted whenever possible
' by looping the internal.pipeline network.
· '~ ' ' b) Stubs '_~or'fu?[?'~ste~'L%t~connectlou with adjacent
: - .' . -~... -... properczea, snell, be ,~rovlded to tho vest and south
· .. '~ ' · '-'. pr~per~y ;.ZI~a:' of~ ~e~ project,' it locations to be
~.'~ .. .... ,~.; ~ :~ ~,'...
· ~.-, ,-.~' .~--:~mutualAy. rreed.~*to-i~rthe,Utilitiee Division &ad the
'" .... ''" ':'" :' Develo
Except for the sales office/model and golf co~rse rsstroom
facilities, the Utilities Division will not be in a
position to approve Certificates of Occupancy' for
structures within the pro,ecS until the eOosite sMrgge
facilities and on-off-site voter distribution facilities
previously stipulated have been completed, conveyed to the
DistrAct and placed AnCo service and satisfactory
docunefltst/ofl has been submitted to the Utilities
Adstnistrator verifying that udeq~ate fire flays exist
within the pro,ecS .site, as specified by ~be Utilities
Division and/or the appropriate Fire Control Olstrict.
Section - V! -~ Utllitie'S'seq~lreM~ts of ~he resorting
petitio., docunen~, shall..be..revlsed to.include ~be above
stipulations ~nd'.. specify~the ~ FetAtiofier~s acceptance of
then.j ?he draft Ordinance.forl.the~resoulng a~prnvol, ~hlch
contains 'the ~bove'stip~lationl. nit b I~ltt~ to ~d
Utilities? DiviSioflY.~fOW~; revi?" and 'l~'r~al prior to thl
· etitlOn ~:beim1'.~'c~nsideted ~ ~2:.~he loa~ :~f C~t~
The 'Developer shall obtain% fr~ Florida PMr and Light
(FPS~) for ~cposes of utility conveTance, ~rot~on and
~Ln~eflaflce, an Agreeue,~ perpetuaXZy hoXdLng~rnleso the
~llltles D~vlslon ~for such ~r~ses and ~aranteeLng the
perpetual righ~ to have free and clear access to ~heee
foreladies across TP&L r~ght-of-vay crossings.
SXGHAGE
General
a) All County sl~ regulations shall apply unless such
regulations are Ln conflict vLth the conditl~s set
forth An this section.
.b b)' For Chi purpose o! thin ~ Dec-neat/Ordinances each
plotted parcel shall be considered a separate parcel
~ of land and shell be entitled to any sign as
~ permitted herein. .
...... c). Should -amy of .the signs be requested to be placed
~' vithin the imblic right-o£-vsy,', a. rlqht-of-viy
I~,~ ..... . ~ Z<-~-) ~.. ....,--.perilS.must be applied-foe and iPPEOwsd.~
.~ . . · '. . ..~' .,~[.- ..o. .
' M'"'~'~q~'~'~'~?' }~(~l'g,s~C'shall 'to class sight
°e·
4
Entrance Signs
a) Two (2) signs with · maxim ·rea 'of 40 squ;~i fie!
. each or one (Ii sign with a maximum ·re· of.10C
square feet shall be pernitted st each entrance of
~ the development.
b) Entrance signs shall not exceed a height of fifteen
(IS) feet above the finished ground level of the ·lgn
site.
c) Entrance signs Bey be lighted Provided slx lights are
: ' ..... ·hielded in a manner which prevents direct glare into
~ "' - the vision of drivers using the adjacent streets or
f'~ "' "'* "' ' "into adjacent residences.
. a) Project II~fll, ~eli~ed .to pro~te laplel.
~ h ~e pro,eot
shaX2 be permitted aXong the East 8~de at ~ III, ~e
i ~ .... South s~de 'of la 04 and on all Xa~ tracts within
~ ....... naples GoX~ Estates llnltl oublect to the fail.lng
~ condi Plans t
~) Pro,act s~Vns shal~ not exceed a height of t~nty
' (20) ~ee~ a~ve the finished gr~nd level of the
e~gn sl~e nor may ~he overall are· or ~e
~ face exceed one h~ndred (~00) o~are fee~
2) A maximum of four (4) pro,act signs shaX1 be
permitted. Two (2) loc·ted along la 04 frontage
and tva (2) located ·long Ca 0SI frontage. The
location of such ·lEns shall generally be limited
to · one-half mile spacing requirement unless
existing vegetation requires ·soaevhat closer
spacing ~ 10t.
3) Pro,act signs lay be lighted provided all lights
are shielded in a manner which prevents direct
glare into the vision of drivers using the
.. . .adjacent streets or. into adjacent residences.
---- 8
~kDVISORY BOARD
~.d~l~.~: To appoint I member to fulfill the trmainder of a vacant te.,~, expitlng on
September 20, 2000, on the Environmental Policy Technical Advisory Board (EPTAB).
CONSIDERATIONS: This ! 1 member committee advises and assists the county in the
development and impl~ne~.~on ofthe County Environmental Resources Mana~n=~nt
Program. Members stroll demotmme evidence of expeni~ ~ ~ ~ ~ ~ following
Biology (including any of the sub-di~ipl~ such as botany, ecology, zoology, et~.), Coastal
Processes, Estuarine processes, Hazardous Waste, Hydrogeology, Hydrology, Hydrmdics, land
Use Law, Land Use Planning, Pollution Control, Solid Waste, StormwaIor Management, Water
Resources, Wildlife Managgment, or other ~ve ar~as deemed appropriate by the Board
such as, but not limited to, a I~.'presetl~ve of the developmeut cotn~tlllity. Terms are 4 years.
A list ofthe current membership is included in the backup.
There are 3 vacancies on EPTAB due to resignations. A press release was issued and resumes
were received from the following 2 interested citizens:
William E. J. McKinmy (Pollution Control)
2 yes
Stanley C. Vass NO
COMMITTEE RECOMMENDATION: William E. J. McKinney
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACI': NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint I member to fulfill the remainder ofthe vacant
term, expiring on September 20, 2000; and direct the County attorney to prepare a resolution
confirming the appointmgats.
Prepared By: Sue Fiison
Date: March 4, 1997
AGE NO, A..,I T[J5
MAR 0
pg. /
RECEIVED
~oard of Count; Com?ss!c
sue Fileon, Ada~Ll~attve A~iLit~nl: to BCC
~&tural RelCTUrCel D~&rtment
D&T~: 12-Fe:b-1997
.... .__ ! .,',3.~,~..~. ~o eerve on Zg'Z'~. )Ir. XciC.l. nne¥,e area of
m~vr~x o£ ~ ~ar~ence ~e &~ached.
Ifl:)L/gl~/10358
Attachment
cc: EP~AB File
" ico~
~ASkRDOU~
~0~
~O~XON
~0~
SOLZD ~TB
WAT~
WZ~LZrB
P~ING
HAR0~ 1997
Environmental Policy Technical Advisory Board
Bnd~ Con~n
:~56 togth Avenue North
Napl~, Ft. ~4los
~ 2
1435 1212i $1~u, st No~th
Ol/lO~)5 09~0,~8 4 Ym
~I J', Dela~ 2~2.,~? 09/0~/9S
3700 27th Avem~, S.W. ,~l~g
Naple~, FI. 34117
Dan.~- 5
Naples, Ft. 34103
Dtm'/~' 4
Cartoon: Botany
Monty D. Robinson
130 Cricket lake l~iv~ 7~J-1427
Mlct~ael Simon~
1~21 Riclm~ Street
Naples, Fl.. 34120
D/m'f~ 1
C~: Biology
01/06/~ 09/~0/00 4 Years
10/10/95 09/30/99 4 Yea~s
1/05/96 09/~0/00 4 Yea~
I~L~ O~ ~
Environmental Pol{cy Technical Advisory Board
Ni~t~i, FL 34101
]v{lc~l V. T~
996{,
Fi. 34{,09
Z)t.~c~ 3
lViark I4mourm~ o;~ ~.~1k, s97..~,aa
193 Ridge Drive '; ,. ti ' ~91-79'z4
Nlpk=, Fl. 34101"
Dbe, k~ 2
Deborlh $. Hill 434.0333
2080 Ri'var Reach Drive, ~1
Napie~, Fi,, 34104
Dls4rlc~. 4
Cmq,ory: F.=~ Zatemm Ctaml~DC
10/10/9~$ OW"JO~ 4 Yem
09/06/94 09/30/98 4 ¥e~1
1 !/0~/96 09/30/00
0~/2~6 09/30~97 1 Y~'
Th~ 11 rrmml~r
I~ Orcl. No. 91.4{) lo ~lv~ ~xl
F~Nm::~ion peogrlrr~ orclin~ ~ ~ T~'m~ ~14 ye~l.
MEMORANDUM
DATE: Febrvtr~ 3, 199'7
below m'e ~ yours in Collier Counl%
Also, please list l~e commission dtsfrlct in wtflch e~ch applic~ ruiges.
COI~O;flSSION DISTRICT
1898 Mission Drive
Naples, ~ ~109
Thank you for your help.
H~ 01 1997
MEMORANDUM
DATE~ Samm-y 13, 1997
TO: V'mell ~ Elections Offic~ .
· ~.."-~'.'J .~f C.' ".~: ?. '"'
F~oM: S~, Fir, o~
Board otCounty Commiss~
CO--SION DISTRICT
Stanley C. Vass
Thank you for your help.
8345 Excalib~ Circle
M-7 Pelican Bny
Naples, FL 34108
/--/&- 77 ~:o~ ..~
MEMORANDUM
DATE:
TO:.
FROM:
W'flliam E. $. MeKint~
1898 Mission Drive
N~ples, FL 34109
Please let me know, in writing, the tccotnm~M~on ofthe e~visory committee for appo~ end
I will prepare an executive summary for the Board's consideration. Please eat~orl~ the
applicants tn areas of expertly, lfyou have any questions, please call me at 7744097.
Thank you for your _-tt___,mtion to tlxis manet.
SF
Au~hm~
NAPLES, FL HIO-j
I"4. Sue Filson
Collier County Commission
3.~01 Rte 41E
l',laoles, FL 3'5962
g41-502=7124
Dear' Ms. Filsort.
Tnls Is application fo~ rnemb~p to the following
a~,isor~,, boards:
Environmental
Attached is my resume.
I relired from the DuPont Co after 25 years as Senior
Technical Specialist in Radiography, a photographic specialty, in
which I was a worldwide expert in Environmental issues. As a
member of the Am. Soc. for Nondestructive Testtng's Technical
Council I set. up seminars on pollution control. I consult in the
sub]ecL I have graduate schooling in biology and chemistry.
C,~-entlv I am a full time real estate salesman in
residential sales. I started and have operated a residential
,-ental business in another state for 15 years, with 13 units. This
mcluoeO worxmg with Licenses and Inspection and HUD Section 8
~,ow income).
i have been coming to Naples for 20 years and have owned
here about 6 years. I am a register voter in Collier Cry.
Host important.: I have a strong interest in both are~
Sincerely,~
Bill McKinney
m
.-~,,, ,~,,.-~. It~'ORIG~TiON. W1111am E. J. Ilc Klnre¥
- I'lem~er of St Wllllams ID~olr
- ,~lem~er NaOles Power ~Xk~lron, Secretary, ~mb~ or ~utlve Cmmtt
- Worke~
- Teach P~llc ~[e ~atl~
- Helo '~1~
- t~em~er or l~tl~l ~le ~ts ~. (BSA)
- F~rmer ~ ~ Le~ r~ ~o ye~s
- :ert:Yle~
- ~ ~rown sons, 2 In Na01es
- Te¢,~nlcai consultlng,'tralnlng
- Tech;'~Ical
- ',v'orid tJ'aveler
- Aut. hor
Curriculum Vitae
WILt.lAM E, J. MC KINNEY
Bachelor o! Arts, Liberal Art~ Villanova University, 1962
Graduate Studies, University of Delaware, 1962-64
Du Pont Imaging Systems, Wilm~egton, DE, I~)6-92
.- ~P?_J?_ ..l~m~er 19_ intestate several ~ product lines, worldwide.
rroguct ~%a~. get. for several product Knei tndu~ qu~tty control,
~Director of processing training facility for 20 years.
_tebient,.T.emperature Developers,"/ourrml of the Rsd~olo~Ienl
rv pt ~or-,h Amerien -
Two ai'ticles in .. ' ' American Assoe. of
t.
~.'.u'ver ~ecover,/', ~,olo~sts Busiaeu..l~az~_ ers Assoc.
?w. e.r R.e .c~.ery. and Pr.oce_ssinl~," ~ American
~ety t. or t~onaestructwe _t ~tmg (A:~-.t), r,.:oluml:n~ OH, 19'/8
~z~.pr _oymg ~ Processors, ASNT Topmal ProceedingS, ASNT,
~.;ommbus, OH, 1978
"Acceptance Testing of Radiographic Processors," J'oint Conference of
AAPM, ACR, SRE
rlancloook, Radto_~'aphy and Rod{ar{on Testfn_~ VoL 3, ASNT,
Columbus, OH, 1985
Radio~raohie Proeer~fnl~ and Ounl{ty_ Control, Llppincott,
Philadelphia, PA, 1988 -
'Daxka'oom TechMcs...", Chapter 7, Radfo_tn'nohie
Becker, Du Pont Co, Wilmi~gn, DE, l~R) - NDT, Ed. O.
'Nondestructive Evaluation Quality Control," VoL 17, Am. Soc. of
~etals, Me~s Park~ OH' t989 .
?~d_ ity Control U?.ng .Cysum Techmques," ASNT Topical on
'~Au. to~ting _ap_ d _A__~tancang Radiography 1' Proceedings, ASNT,
cmumous, OH, 1987
'Acchival Q~_ality of Rltdiographic Film,' Mater{als £valuntio_n,
ASNT, October, 1989
'Radiographic Proce~ing Centralized Chemical Systems Planni~
Guide,"Du Pont, Wilmington, DE, .1.985 . .
"Bromide Dependence in NDT RadioRra~)hic Procesaine."Materials
~ , September, 1989
Processors ~~
"Bromide Dependence in Radiographic
Image Quality,' Proceedings of the 12th World Congr ·
Amsterdam, 1989
"X-Ray Generator Variability," ASNT Fall Conference, t989 MAR 0 II 1~7
pers, _ASSN,... Columbus. OH; 1991
~.ty.~n~! .tad ~e E~ea on ~i~c ~e
t~--.--.~~'Y~"F~.~ *~ ~ m ~ent ~L' ~n~
-aunt .~.. n.cen~tio~s ia Radio -"
Wute ~---- ,,.,,...- sr~. phi~g W~ste Water ~
"Corn--I--- '"-- .;-,u~ ,.'~a_ ! ~onzerence, 1991
------. ~.~_,~,a, ,~m ~ ~otaetence. 1991 azid Materials E '
- va]untt n
,,~.--~uon tot t~e K¢.duction of Proces!in~_ Waste Water to Meet
1E~ronmental Regulations and Reduce Co~ts," Submitted to ASNT,
- S~ ~ ~n~ ~ on ~o~p~c p~/ng ~d ~
~n~ol for ~e ~. vete~ ~~uo~ ~ ~duded
~~on work~k ~b~-a ~ ,~- ~ co~ a
- Autom~g ~o~p~ ~ Ro~g~
V~o~ ~ ~~ for sh d~erem ~s ~ndu~d tot ~ Pon~
- ~Arnerican..$ .o.'ety of Radi,ological Technololists, 1974-76
- ~zoating l'~ad~ololgcal Insutute of the CathoIlc Hospital
Association, 197~-76
- American Society for Nondestructive Testing. 1978-80. 1983, 1985,
1987-92
American Association of 1P~giCists tn Medicine, Summer School.
.Univ. of North Carolina, .
- _,'u~..e_rican College of Radiologists $oint Coni'eren~
_aha Society of Radiolonic En~inee~ ~o~, __ with AAPM
- .canadian So_~ev of ~t:i-r, 1~:
investment Ca.sung Institute, 1989-90
USAF NDI Institute, 1989
- American Soc/ety for Qualin, Control, Arizona Regional, 1991
Beijing Hospital'No. 6, 199f
Societies:
- Former member of Society of Photographic Scientists and
Engineers
- _ ."rican Society for Nondestructive
'Chair of Penetratin~ Radiation ~',,-..--'
· · - . .... ,-,,,,,~,;, 1991-92
Profess~on~ Prol~'. am Comnuttee, 1991.92
'Technical ~ounal Awards Chairman, 1990.92
'Technical Sessions Track and Committee Chair, 1987.
- American ..Society for_Quality Control
- American aociet), of Radiologic TechnologisLs
AGENDA,
NO · .~~.._
t!~'~ 04 lgg?
MEMORANDUM
DATE: Smmry I~, 199'/ ~
Smlex c. vm
t345 Exc~ Circle
M-7 PeUcm ~
N~pl~, FL ~4101
Ple~e le~ me know, in ' tbe ·
· .... ~ ~m~na~on ofth~ stvis~ ~n~ ~ ~.~a
Thank you for your ~mtiou to this mat~er.
po./
S 1Se7
8345 E~ealibur CLrele
~anuary 4, 1997
Sue Fllson. Admtntstrattve Assistant
Board of Co,mt? Commissioners
Re: The £n~'tronmenta! T~chnte~! Advtnorr Board
~;apl~e Datlr ~e~e Ad - 12/3~/96
Z wtah to be ~on~idered for an npp.>~ntment to The
£nrtr~nmenta! Policy T~ehn]eal Ad~'tsory Board IAd~leorr Board}.
[ am keenlr intereete~ tn the envtronm~nt&l tn~u~ involved ~n
re~o,]r~e~ $~nal~eent. ~¢ccrdtn$17, ! ~ot~ld ~ol~ome the opportunity
to a~i~t the Collier ;'o~mtr ~)emisston in earr~in~ out
resource ~anasenent re~p,n~tbili~tes. An indteated in the
r+~uae, ! ha~ in-depth ~xperien~e in the teehni.?a! ~n,$ poller
aspecta of en,'ironnental ~qsuea both as a ~t&f~ pro~enelona!
th~ ~:.S. :epare~ent o~ Enet'~r and en ad~'t~o~ to loea!
Irrupt.
look I'r~r,~atd ~o meeting the members o~ the Commission in ~
Attachment
1997
STAHLEY C. VA~8
I Joined the staff of the U.S. Department of Enerly (DOE) In tg?l (then
called the Federal lneriy Administration) aa · program effleer and assisted
in the melutlon of environmental IMuee raised by the oenstnmtloe and
operation of power plants, oonltruotion and eperntlon of oil and natural las
pipelinea and the traneportat~n of ell end aaterel
~anto and p~mJfm owned and operated by
~ao end g]ontTJo Company (CafNoraM) and tho Celumbfa 0~8 Traaemlselen
Compan~ (M~nd) and ~od envJroflmMttal bnpant 8totomonto. My
pdncipel aeoomplls#mont fo~ DOff was tho draflfng of rogelntfofl8
embllahlnI the procedures for approval of eppll~at~on~ to import 04, export
natural gem.
Aa an advisor to the TWlnbrook Cerumen/fy gnvkv,unmHal Group.
IIo~kvllle, Marytnml, I mlltod ~ oMnmunlty Itl ~ Ih' pMInt~on
lasue~ In oa~perntlon w~th ntnte ~nd OMmty ~ mhd tho local Imslnm
oommunlty, A~ m mmber of the North Bntheede CeqrHs, lntheeda,
Maryland, I misted In the reeelutlon of p~ntfml IHeel relMM by the
operation of the Incinerator end the power plant of the U.I. National
Inntltutes of Health In oooperntlon with 8tete and UJ. government offlelals.
I am aurrontly · noir-employed arbitrator but am keenly Interested In a
position In tho environmental field that takes advantage of my baeklround
and exlmdenoe.
No. /?/7
IqAR 0 1997
pg._ /(.~-~
R~OLUTZON OF ~Z COL~Z~R COUNTY ~ OF ~
OF HOUSB BI~ 207; ~INZNG ~[ T~
~~ZP ~ OF ~ ~A~ ~ ~
0~.
~, ~e h~ of ~nty CmLsg/oner8 or Collier ~ty,
· l~/~, r~fl/zel ~t ~e ele~lve ~sl~/oflo o~ o~ty
~issl~r ~ ~1 ~a~ ~r In collier ~unty Is a
~m~i~, es~nt/al a~ full-tine Job; and
~, the Board of County C~tsoloners o~ Collier
~el r~efini~ the te~ "creditable eervice" al pr~lded
H~so Bill 207.
M~, ~~, BE IT R~OLV~ BM ~Z BO~ OF ~
~ZSSZO~ OF ~Z~ ~, F~RZDA,
l) ~e ~ard of County CmLssLoners of Collier County,
Florida, strongly opuses ~e ena~Ben~ of House BIll 207.
2) ~e ~ard of County Cm~ss/oners of Collier County,
Florida, finds ~at ~he county cm/ssloners and sch~l ~ard
~rs In Collier County se~e ~n a demanding, essential a~
full-tile ~8itlon to fulfill statutory and Itate-zandated duties
provl6e ae~lces to the citizens of Collier County.
~) i ctrtlfl~d copy of ~ls Resolution ~ sent to
· e~r of the Collier County M~tslatlve Dtleg~tion and
Representative
This ~esolutton adopted this _ day of Narch, 19~, after
notion, second and unaniacus vote.
A~EST: BO~ OF CO~y CO~ISSION~S
D~IGHT E. BROCK, CLE~ CO~I~ CO~y, F~RIDA
Approved ae to form and
legal sufficiency:
David C. Wei~l
County Attorney
BY:
~IMOT,¥ L. I~.~cocx, C~AXP~A~
Oi I997
KlorAda House o£ Representatives - 1997
By Iopre~on~utive 2~Lebarth
HB 207
I & b111 to be entitled
2 An act relating to the Florida Retirement
3 System; aNuflding s. 121.021, F.I.; redefining
tho term 'crodAtabla aery/cc- to exclude
S se. Ace u a part*tAme elected official;
6 mndAns s. 121.0S2, g.$.; deleting reference
7 to part-tAM elected ofrAcAals from the
8 mesdaership cZus of elected r~ato mhd county
9 officers; provAdAng an erfectAve date.
lO
l! Be Xt Enacted by the Legislature of the State of Florida:
12
Sect/on 1. Paragraph (c) As added to subeectAon
14 of NuctAon ¶21.021, FlorAda Statutes, 199~ Supplement, to
reed:
16 121.021 DefAnAtAons.--~e ~ollouin9 words and phrases
17 as used in this chapter have tho re~ective ManAnas fit forth
18 unless a different ~aning As plainly required bM tho context,
(17)(o) "Creditable service" of any Number Mans tho
20 sun or his or her pas~ service, prior service;
21 service; oma*or-seat. IIrV~Cl; uorkorl* compensation crodi~
22 and rutur, service algomed ~i~hAn the provisions or this
23 chapter l~ a~ requAred ~ontrLbutions have been paLd and
24 Q~her requLreNn~f or thai chapter have been M~. Hoverer,
. 2Si no cafe IhilZ i M~er roceAve credit ~o~ more than I year's
=61 service durAn9 any 12-month perAod. Service a= app1Aed ~o a
27l teacher or a nonacadomA= employee or a school board shill h
28 based on =Qntract years et e~loymen~ or fChQOl term years
enploy~nt, as provAded in chapters 122 and 238, rather than
12-month periods of employment.
1
CODXHG! Deletions ere a~Piekan; sddLtiofls arm _unde, rlin,
AGEI~OA/,~ T,E.~
No._.~
d. NAR 0 1997
F~oridu Hawse ut Repre~ntattves - 1~7
SSV-11SB-~7
l
$
4
&
7
11
12
15
14
1S
17
18
19
20
21
22
25
2S
2&
~7
30
(bi For purposes of tho definition of #eroditable
service;" monthly morvieo eradit under tho Flsridn tetirmnt
1. One month er morvLoa eredit ~h~ll be awarded for
each menth of acrylic porfortmd prior to July t; lg74.
1. One month of service credit shall be awarded for
each month er morvioo performed on and after July 1; 197q; In
which tho m~eber uae paid a salary of 4100 or more. Zf tho
meed~r ual paid lose than 4100 during a month of employment,
tho ~rviae erodLt for that month Ihs11 be a fraction er eno
month or,credit, fuch fraction to bo determined by dividing
the actual salary by .100.
S. One month of ~ervice credit aha11 be avardad rot
each month of morvtee performed on and after July 1; 1979; for
vhLoh the member wee paid · salary of ,2S0 or more; including
any amount which was set tilde rot participation An a deferred
compensation plan. If the member vas paid lose then 42S0
during a month of employMnt; the service credit rot that
month shall be a fraction of one month of credit, ~uch
fraction to be determined by dividing tho actual salary
payment by 42S0.
~. On and after July 1; 1985; one month cf service
credit aha11 bo awarded for each month salary is paid for
service performed.
~c) Effective January 1,..199B, "creditable service"
does not include any Defied of service as a earS-time elected
9fficial in the offices of lealalator, distract school board
membor, or county commissioner or county aounai! member.
Section 2. Paragrsphe (a) and (d) of !ubsoction (2)
and paragraph (e) of subsection (7) o~ section 12¶.052;
Florida Statutee; ¶996 ~upplomont; are amended to read~
CODIHGt Deletions are s4pioko~; additions are ~rli~o~
t4AR 0 997
lrlerAde Uou~ or Representatives - 1997
SS 9-11SI- 97
I (2) HI]IBE~iHXP.*-The rollouLnf holders or ~e mud
4 eo~M eAo~tA~ errAeo, hereAnareer re~erred to ~
S orrAeerf,~ ~.. .
& ' ~e elective errAeo bM elms·Asa,
7 ~el~eAon, er apPoAn~Mn~, are ~ra or ~ho ~t~ State
, ;:~,Coun,; Orr leer,. Cia,., ex,.p,., prevLd,d An
(e) Any Governor, Lieutenant governer, Cab/net
10] ·trAcer, lqtsl·ter~ lupreee Court Justice, dis·riot sour· or
Iii appeal Judge, circuit Judfe. or ~ate attorney
12~ sa or ar·er July 1, 1972.
lSJ (d) Any ecu·itu·Aerial county elected o£r/cer
~ 2S ~col~octor, property appraAfer, ~pervisor of elections, ~lerk
~6 or tho ~ircult court~ °~untF'co~tsfionor3-a~hool.board
~7 M~or7 or elected schoo~ board ~P~rin~efldefl~;
~8 o~icer o~ any entity u~h couflty~ido Juri~d~at~on
~9 o~rAce off or after July 1, 1981, uho,
20 ~cAaA laM, exeFoAeof Powero and
uu~zo~ that; but ro~ ~ch. _
21 generaX or ~eAaX Xaw~ would be exer~ifed bM any or the
22 ~onstitutAonal county e/outed orrAcors set ~erth An this
23 Parafraph.
(7) CONTRIBUTIONS.-.
2S Ca) The following table mtn·e· the required re·iron4
26 contributAon rates · ......... nt
1 --- -~moers oz the Elected Stat· and
27 Officers. C'--- - Count
_ ---- an· their employers An ·erase or a -- -
28 percent·
or tho member's greif coaponmetAon, A chon -'- ge
ge An · contribution
~.~ rate ia effective with the rir,t salary paid on or art. the
beginning date or the change. Contributions shall bo Mdc NO
e deducted as ney bo approprietOsrOr each pay Period and ar~
Pg. ~
Floridm lioulo et RepreloutatLvow - 1997
SSO- 11SB- 97
lib 207
1
2
$
&
?
8
11
12
13
IS
17
18
19
2o
21
22
24
31
addLtion to the eoutrLbutLou roq~Lted for lo,iai ~oeurXty and
tho RotLroo Health Znsurtnoe Subsidy Tru~ Fund.
Remb~rl rd~loyora
July 1, 1072, ~hrough Iopteiber 30, 1977
Logblators IX
Al1 Other
October 1, 1077, through bptodMir $0, 1978
All Other Houbere
October 1, 1978, ~hrough geptosbor 30, 107!
A11 Other RoM)ors
lO.S?X
14.78X.
October 1, 1979, through September 30, 1981
Logblatore 82 lO.S?X
Governor, Lt. Governor, Cabinet
Ofricere 4X 14.78X
All Other Re,bore OX 20.782
July 1, 1981, through Juno $0, 1984
County Zleoted Officers
July 1, 1084, through September 30, 1984
County LTected Off/oars
October 1, 1981, thr; ,eh September 30, 1984
4
CODXNGt Doletioflo ere o4Ploko~; sdditiofls ire
OX 19.302
OX 20.282
._./
glorAda Eoue of ReprsmtetAves - 1907
SOO- 11SSs 07
n 207
!
'governor, Lt. governor, Cabinet
Itete Attorneys, Publin branders
JuftAcsm, Judges
OX
27
28
2~
"JO
OX
OX
? O~tob~r 1, 1984, through September 30, 198d
8 Lqislators OX
9 ~overnor, Lt. governor, Cabinet
Ze Officers OX
Il Stets Attorneys, Public Defenders 02
12 Justices, Judges OX
13 County Elected Officers OX
lS Octob, r 1, 1984, through December 31, 1988
Legislators OX
17 governor, Lt. governor, Cabinet
lo Officers OX
19 State Attorneys, Pub2ic Defenders OX
20 Justices, Judges OX
21 County Elected Officers OX
22
23 January 1, 1989, through Deconbor 31, 1989
24 Legislators OX
2S governor, Lt. governor, Cabinet
26 Orfioors OX
grits Attorneys, Public Defenders 0%
County Elected Officers OX
31 January 1, 1990, through December 31, 1990
S
CODZHGr Deletions sro atPtohon; 8ddLtlono sro uflderll
10 .BOX
21
20.0SX
22.SSX
10.08X
10.08X
10.08X
21.79X
1~,97:Z
11.SOX
11.SOX
11,SOX
17,19X
13.70X
13.70X
13.70X ~
18.4~X
AGENQA,,~TE~
IlAR 0 zl 1997
lB 2O7
1
$
·
&
7
10
11
12
13
14
IS
16
17
18
19
20
21
22
24
2S
28
~9
30
$1
Govornor~ Lt. govmor; Cabinet
orriears
County E~eet4d Oral.ers
OX
OX
OX
OX
January 1~ 1991, through December 31, 1991
LogL83ators OX
Govoruoro Lt. Governor, Cebinot
State Attorneys, PublLn Defenders OX
Jut/cos, Judges OX
County F~ected otrioar, ox
January 1, 1992, through Decembar 31, 1992
Legislators OX
Governor, Lt. Governor, Cabinet
Officers OX
State Attorneys, PublL~ Defenders OX
JuatLcos, Judges O~
County Elected Off/oars OX
January 1, 1993, through December 31, 1993
Governor, Lt. Governor, Cabinet
Officers OX
State Attorneys, Public Defenders OX
Justices, Judges OX
County Elected Of£icerw OX
1S.91Z
1S.91X
19.71X
17.73X
17.73X
26.63X
23.32X
19.94X
28.27X
24.S9~
22.14X
22.14X
22 · lq~
29.gt:~
FJorAd~ Iloufo of Representatives - 19~7
SS9-11Sl- ~?
n 2o7
~s
$ Governor, Lt. Governor, Cabinet
S Irate Attorneys, fublLo Defenders
& Jutlcof, Judfes
7 County E~oetod O~f/oars
8
January 1, 199S, through December 31, 1995
10 Legislators
11 Governor, Lt. Governor, Cabinet
Or fleers
13 State Attorneys, Public Defenders
Justice,, Judges
County ~leeted Officers
17
18
19
:20
21
22
23
:25
26
27
28
0Z
0X
0X
0X
OX
0X
0X
OX
January 1, 1996, through Juno 30, 199~
Lag/sister,
Governor, Lt. Governor, Cabinet
O~fLcor.
State Attorneys, Publio Defender.
Justices, Judgaa
County Elected Of£Lcara
OZ
OX
ox
OZ
OZ
E~fective July 1, 1996
Legislators OX
Governor, Lt. Governor, Cabinet
O~fLcars OZ
State Attorneys; PubA/o Defenders O~
Justices, Judgee 0~
22.4SX
22.1SX
~2.45X
S0.S2X
~d.07~
22.80X
:22.80X
B0.21X
27.48~
22.90X
22.90X
22.90X
30.1SX
27.54X
23.07X
23.07X
29.SSX
31 County Elected Officers 7 OX
CODl':Del'tLonl'r''tPJ'k'P~;idditLons'r'sJrwJet~lLnedI
rAorlda leuse of lupromt~tvo~ * 1907
n 2O7
z
2
$
4
6
7
12
17
18
19
20
21
22
26
27
f4~tlou J. Th~, o,t shall take afroet upon beaos~nf a
levi~ee the definition or the term "~r~lo
with re~t to ~o KlorL~ tetLromt ly~em to
Thb publloatton uae produoed at an avorafa goat or 1.12 ~ent,
Imf mlngle page tn ~oapltanoa with the tuAea and rot the
lnrornetlon or monbors or the L~gtslaturo and tho publio.
February 19, 1997
Collier County Board of County Cornm;~oners
Coiner Coumy ~ ~viiy ~m!ttee
mucll aware of fl~e polenfial ;,,;~ ,-----: ....... : ,' -- :-: --"~7.-- ......
--r,-- ------, .,.~,,,- ,.ma~m~es ann ge~ the jail exlxmston finan~ and ~
needs it would not be npplicab]e a~ a funding source to l~p with
Our preliminary recommendations for going forward, resolving the differences and getting the
jail financed and built are:
Task the County Manager and Sheriff with the Public Relations effort on the "need"
for a jail expansion and the consequences of not meeting the jail standards and
capacity. We feel that th~. failure of the sales tax at the polling places was largely the
result of the public not und~-~ianding the implications (a~d perhaps to some extent
due to the liming). We feel that this educational p~ is imperative to moving
forward.
Update th~ i 990 jail study with current data and information in order to yield a good
accurate cost estimate. The UlXlate ~hould be done tiLitJg&RL.~KI "in-house" by
OCPM and '.he Sheriff's Office. The Productivity Committee has confidence in the
ability of County staff to pmpm~ this information without incurring the mmecessary
expense (in both time and dollars) of an outside consultant.
Clarify the scope of the expansion. As presented to the voters '.m. the last.,ei~--~~~
jail expansion included inmate housing, jail operat/ons, Sheriff's adwm;,
work release center, and chiller plant upgrade. The Committee feels that-:h
i m?
above merits its own consideration nd should be brought to the voters scpart~ly or
in logic order. Isolate agend~ and justify accordingly. The jail is a jail. The Work
Release Center and the Government Complex (site) are cost comidetations that, for
budget reasons, should be isolated to accurately reflect thc cost ofdoing business.
Furthermore, tl~ Committee l~COmmeMs tim tltm3ste methods of construction such ~s
"modulm' jail cells" that m~ readily svlilable, inexpensive, m~lchble find stackable,
meets Florida jail standing, can be Md~l to and/or t~en away from and c, an be mov~
with little or no cost impact, should be investigated. Also, the cog effectiveness and
femsibility of Md-~s to existing building~ should be explored. Converting the roof to a
3rd floor m.i curr,mtly propos~ nmy not necessarily be the best ail~n'mtiv~. Consickn'mtion
should be givm to this cost md the potentiml inconvenienc~ of~ process which disloc~t~
the occupants ultimately causing mother potential cost burden to the tax payel~. We feel
very strongly Ih. mt the Sheriff's Oflic~ must be working in partnership, as ~ te~n memb~
with the O.C.P.M. to study aitematives.
The Committee supports and endorses the Work Release Center concept, but w~ see it as
actually being a separate topic. As per our understanding, this may assist to relieve jail
capacity problems in the very short term only. Perhaps more importantly, the Work
Release Center would also provide a long term solution to reducing crime and the long
term economic benefit of working prisoners. The Work Release Center would not alter
the need for the jail expansion however. It is our understanding that the needed jail
expansion is already behind schedule.
The County should develop and ndopt an overall "master" plan of the Government
Complex and its facilities. This master plan should look at future needs and be used to
evaluate the potential consideration of additional sites.
The Productivity Committee believes that the above recommendations are a viable approach to
the jail financing dilemma. Any and all comments addressed to the Productivity Committee are
welcomed and appreciated. We thank you for the opportunity to look into this current need.
CC:
Judge Ted Brousseau
Adolfo Gortzalez, P.E.
Sheriff Don Hunter
Crystal Kinzel
Sheila Leith
Mike McNees
Captain Greg Smith
Mike Smykowski
Productivity Committee Members
File
The Collier County Artificial Reef Program administered by
2, Federal Wallop-Breaux funds are available to local Ooa~tal
governments through FDEP Sport Fish Restoration
3. This grant has been awarded to the Artificial Reef
the past because Collier County has demonstrated
co~mitment to artificial reef construction.
4. If awarded the grant, the funds will b~ used to construct
new arttf£cial reef in Collier County.
5. Numbers of conerctally valuable fish In Collier County
Yaters have been decreasing tn recent years. This reef
provide additional habitat for these fish and other marine
plants and animals,
Xf approved, the grant money will support Objective 7.1 of the
Conservation and Coastal Management Element of the County Growth
Management Plan: 'Xmprove marine fisheries productivity by
Muilding additional artificial reefs." '
FIS~L, TBr~_ ACT I
If the I'DEP Grant application
Reef Program will gain $25,000
at no cost to the County~
is accepted the County,s Artificial
for artificial reef con~
f0 A
I1~ O~ 1997
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF MARINE RESOURCES
ARTIFICIAL REEF PROGRAM
1997-98 FISCAL YEAR
State Special Grant Applicatlon
L Ao_olicant identiflcatiorl~ Date received by DEP_
Applicant's Name: Coltier Count Artifi [ ·
Mailing Address:
Street Address:
330 as Ts ia I T
Names of Reef Ualson
and Grant Conlact:
Telephone:
Federal Employer ID Number.
IL Project Identification;
Kevtn H. Du an
941-732-2505
59-60005S8
FAX:_ 941-774-~2~
The followfn_o Items must be submitted es Aooendlx 1' a ~ location chart
_p_m_.p_o..sed. staglng a~a, _adjacent madnas, adjacent boa~ ramn- ,~... -,,-, ..... s~h. owin. g th.e
rear she Tram a nsvlgaflonal marker, navigable Inlet or b~'~" u,,~ u,a~an[;e a.no Desrlng to
site plan showinfl the dlmensr .... ,,,_ ......... '., ~.ng.acce_ss polnt, and a
_ .. ? . ,~,,,~ u, um permlt~eo site, coorcllnatss of the four cornem a~nd
center, me area (acres/square miles), and the coordinates of the proposed deployment site.
Name of Projecl:
l~arco Island Five l~ile freer
Address of staging area
or site where materials can
be inspected: l~a les Lundin l~a les Flor d
Coordinates of Permitted Reef Site (either Loran-C rims delays or latitude/longltude):
NWComer_ 25° 52.~' 81' 48.0, NEComer_ 25° 52,.5'
8WCome~
52,0' 81° 47.8'
Length_ I.O nm
Minimum 29'
Width_ O. } aa
Maximum 3~ '
SEComer. 25* 51.5' 81' 48.0'
Cente[ 25'
Dimensions of Permitted Site:
Deplh Range of Permitted Site:
State waters Xx
.Federal watem._..._._
Permitted Site is located in:
Have previous deplol~nents been made in the permitted site? No .... Yes.. Xl _ ('dyes,
provide a chart showing the locations of all prior deployments in lhe permitted site)
??e. p. end. ing_, coples of .11 aopllcatlons must be s'.'---'"--' · .... ~ tfp..Jrmi~gc~t~e~
ootalneo rior to c uu,,~tuu. Vails perml
P onstructirc~n of the artificial reef. z perml~ rll~
Told ISYoJec~C~ _ t2~.soo
Matching Funds Avahblo:
}9' _ PmP°$edPr°rde°fReef"-itt]d~d-'4' 4
· t ·
~ Funds Requosled-L s2s.oo0
_, -
.'l~s Mate-bi Been I:::kMeled Yes..
or Bec~,l<r?
IV. Other Su_o~of. tln0 Informaflo~ .
h a L~I R~a~ ~
Submit all sffachmentt an Apoen~x 4.
Yos~ (attach copy)No_
Yos_____. (attach copy}No.~L.
Yea, .No~
Yea, _ No. xxxx _
Yea No. ~
_ II 1.00~
_$2t500 1178~80
. I
_. $l lBO00
~TsSOO t 178230
List Ar~ Add'~l Fur~ 8<~'ces and Amo~ls:
How many ot~r reef p~ec~s are ~ed f~ 1907-087
V. Public Oemand~
_. o ,.--,,.~ puD,f~ support regarmng lbo nroflosed artFr,.r., ..-. -"..~.)'.~-~'".7:_; ~.em
Local Oovemmenlal $19~tot. y A~hodty:,
Typed Namo ?[lothy L, Rae<ovk _ $~nafuf~
TIOo_ Chalmant ~C
Approved as Co fo~ and legal Attest
lency
Th~s C. Palur
Assistant County Attorney
41
LZ~I' ]~BOI'.OTTON . CODZ ~Jl, O~~ CJ~ lSlO. 60819-079
Board to accept repoz~c and ad t Resolu
?gains= the arcs 09 =ion asseesin a lien
P 1 in order t ii
.~o effect the ~ba- ...... :.o recov.er..public. £unds expended
Location, all as provided for in Ordinance 91-47, the
Collier County #eed, Litter and Plant Control Ordinance.
Case Summary:
a. Violation determination 08/27/96
b. Notice of Violation served undeliverable
c. Verification of unabated nuisance 09/23/96
d. Nuisance abated with public funds 12/10/96
e. Owner invoiced for coats 01/02/97
FISCAL ~MPACT
Reimbursemen[ of $245.00 may be anticipated by voluntary
action or foreclosure.
-~ROWTHM~--wA~IT IMPAC-~ Not applicable.
That the Board of County Commissioners adopt the Resolution.
Vizgini~paok -' . _
SERVICE P~PP~SENTATIVE
APPROVED BYz
Dev. & Environmental 8vcs.
BOJJ~D 01' ~ C(344~SSZC)NZRS
COLZ.:ZL'P. C(XTJ/TY, TZ,OIKI:D&
~ liCYL'ZCK OF J~S~J~4Zl4T OF LI~I~N
LEGAL DESCRXPTZON:
Lot 66, of an ~aordod p~et of ~RToAO-~ZM~ ~Z~ I~1
~lr~r o~ W I~eio~ ~8rter of Section IS, T~oh~p
l~ 4S0 foot, ~oss I0 fio~ for road r~ght*of~ay.
You, os the owfleF at ~he pFope~cy 0Love descrAbed, 6s ~ecorded
FecoFds maintained by ~he ot~ce of the Proper~y AppFo~seF~ oFe hereby
idv~sed chic ~he C~p~nce SeFv~ces ~ana~er, d~d on 0/20/06, ordeF the
abatement of a ce~t0tn nutsance exAsting on the above property pFohtbtted
by O~dtnance 9[-41, serving nottce thereof upon you, such nutsance being:
~roh~btted at--lateen of non-protected mov~Zo vegetation
ox~ooo of ~l' ~n height ~n 8 o~d~vLo~on other than =o~den Gate
Eltltes.
You ~a~3ed to ~bace such nuisance; whereupon, tt wa3 flared by the
expefldxtuze of publAc funds at a diFect cost of $4S.00 6nd
cost o~ $200.00 tar · cocaA o~ $245.00. such costs, by Resolution at the
BoaFd O~ County Co~ss~one~s o~ CollAer County, ~oF~df, hive ~en
assessed against the ~bove propez~y off and sho~A bec~e
d ~en on cbc property ch~zc~ (3~) ~a~s dt~or such assessment.
You may request a hearing betoFe the Board o~ County Co~ssAoneFs to
sho~ cause, ~t any, ~by c~e expenses and c~arges AncuFzed by the County
under ChLs OFd~nance afc un~aFFanted or excessive oE why such expenses
should floc coflstAcuce · l~en against the property. Such Fequest
hea~ng mus~ be made Zo the Clerk o~ ~he Boa~d at County Co~ss~ofleFs,
Government Center, Naples, ~o~ida 3~112 An ~F~tin~ ~thAn ChAFty (30)
days tram the date at Chis assessment ~o be
CLERk, BOARD ~ COUZJTY
CSce 9- ~/93
BAR 0 4, 1997
RESOI,UTXON 1~.
A RESOLUTION OF THE BOARD OF COU19TY COI~qISSIONERg
PROVIDXNO FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATENENT OF PUBLIC N1JISANCE, IN ACCORDAHCE
NITH ORDINANC~ 91-49.
#itEREAS, ·l provided in Ordinance 91-47, the direct COltl of
&bacemenc of certain nullancel, including prelcribed ad~lnilcracive
coat incurred by the County, abel! be aeaealed againlc such property;
and
Wl4EREA~, the coat thereof to the County aa to each parce! shall be
calculated and reported to the Board of County Co~laaloners, together
with · deacription of laid parcel; and
W14EREAS, auch assess~nt shall ~ a legal, valid and binding
obl~g=~lon u~n the pretty against ~hich ~de until p~ldl and
~ER~, the assessment sha~ ~come due and payable thirty (30)
days after the ~iling of Notice of Assessment after which interest
Ihal~ ·ccrue ac a race of twelve percent (~2.0t) per annum on any
unpm~d ~rtion thereof.
~ISSlO~ERS OF ~LLIER ~, F~RIDA, CbaC the property descried
al fo~l, and having ~en abated of a p~blic nuisance after due and
proper notice ~hereof co the o~ner of said property, ~l here~ allessed
~he following costs of such aba~emenc, co vi~:
~ LEGAL DESCRZPTIO~ COB~
~ose LUll CaCe~e ~t ~6, ef an unrecorded plat of ~245.00
C~te Lucil~ PORT-~U-P~ZHC~ ~BZLZ R~S
~lp~es, ~ 33g~ described is foX,or: ~e Eis~ h&~f
of the East half of the Northeast
CollSe= Count~, FlorXdm, lose tho North ~SO feet and South 450 feet,
less ~0 feet ~or road right-of-way.
~0819-07~ ~68342480003
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, ·
certified copy of chis Resolution shall be recorded in the official
.records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by chis Board upon
appeal of the assessment of the owner.
This Resolution &dopced after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COHHISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
COUNTY ATTORNEY
CSce 11 - 1/97
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
AGE
MAR 0
~Z~ZZSC)Z,UTZCGI' - 42C~3 ~ C/L. JZ~C). S0~20o022
Board to accept report and adopt Resolution u~e~singa 1L~n
against the parcel in order to recover public fund~ expended
to effect the abatement of a public nuisance at this
location, all &s provided for in Ord/nanc~ 91-47, r~he
Collier County #eed, Litter and Plant Control Ord/n~lce.
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
FISCAL 3~PACT
09/19/96
09/21/96
12/ 8/96
12/24/96
o /o2/97
Reimbursement of $24S.00 may be anticipated by voluntary
action or foreclosure.
(Rt0WTHMANAOEMENT IMPACT Not applicable.
That the Board of County Commissioners adopt the Resolution.
PREPARED BYz
BERVICE REPRESENTATIVE
APPROVED BYz
Vincent A. Cautero, Adm/nistrator
Comsun~ty Dev. & ~nvtronmental Svcs.
DATE:
IMAR 0 i 1997
COLLIER COUJrTY, FLOP, TDA
Dello G Condom~n&
Jose M Condomlne
Maples, FL 33962
~zrz~z~cz 40920-022 ~62252640007
LEGAL DESCRIPTION:
DATE:
LIE~I NUMB£R:
Lot 13, Block 4, NAFLRS N~HOR LMCZS, aocord~ng to the P~at thereof
on f~le and reoozd®d ~n the I~bl~o Reoords of Co~er
f~or~, ~n P~at B~k 3, Page IS and 87.
You, as the owner of the pFopeccy above described, as recorded ~n the
records ~Ancained by the office of the Proper~y Appra~ser~ ara hereby
advised chat the C~pliance Services Nanaqer, did on ~/20/9E~ order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you. such nuisance being=
hoh~i~ icmllt~on of n~rotectedw~l v~tl~
Kotl~o. Proh~ ~ng, Ic~u~it~on, ,torege
AAt~r, vao~ or ~a~n~ pretty.
You faAl~d ~o a~ate such fluisince; ahereu~on, i~ was a~ated by the
expend~cure o~ public funds aC a ~]recc cos~ o~ $45.00 and administrative
cos~ of $200.00 for a cecal of S245.00. Suc~ costs, ~y Resolution of the
Board of County Co~Assioflers of CollAer County, Florida, have been
assessed against the above property on and sha~l become
a lien on the p~operty thirty ~30) days a~te~ such assessment.
You may request a hear~ng before the Board of County Co~ssLoners
sho~ cause, ~f any, ~hy the expenses and charges incurred by the County
unde~ this Ordinance are unwarranted o~ excessive or ~hy such expenses
should not constitute a l~en against the property. Such request for
hear~ng must be made to the Clerk of the Board of County
Government Cente~, Naples, Florida 341~2 ~n ~r~ttnO ~Jth~n thirty (30)
days from the date of this as~es~menL to be valid.
CLERK, BOARD OF COUUTY CONHISSIOI~ERS
CSce 9- 1/93
MAR 0 4 1997
IIIIOI.UTION NO,
R~:SOIAtTION NO. ~"/-
A RF.~OIAITION OF THE BOARD OF COUNTY COt~4ISSIONERS
PROVZDIN(I FOR ASSESiH£NT OF LIEN. FOR TIIE COST OF
THE A~ATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE
NrIH ORDINANCE 91o4'7.
WHEREAB. ·· provided in Ordinanc· 91-47. th· direct costs o~
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed &gainst such property;
and
~4EREAS, the cost thereof to th· County es to each parcel shell be
cslcul·ted end reported to ~he Board of CouflCy Co~lssion·r·. to, ether
with · description of said p·rcel~ ·nd
~iEREAS, such assessment shall be · legal, valid and binding
obligation upon the property ag·last which mede until paid; ·nd
WNERKAS, the assessment shall become due and payable thirty {30)
days after the ,milan· of Notice of Assessment after which interest
shall accrue at · rate sE twelve percent {12.0%} per annum on any
unpaid porclon thereof.
NO~, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described
as follows, and having been mb·Ced of a public nuisance after due and
proper notice thereof to ch· owner of said property, ia hereby asses·ed
the following costs of luch abatement, to wit=
NAME~ LEGAL DESCRXPTIONI COST
Dells G Condo~lna
Jose M Condo~lna
5250 Ollchrigt St
Naples, FL 33962
Lot 13, Block 4, NAPLES MANOR $24S.00
LAJCES, according to the Plat
thereof on file and recorded in the
Public Records of Collier Comity,
Florida, in Plat Book 3, Page 86
and 07,
60920-022 162252640007
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails co pay such assessment within thirty (30) days hereof, ·
certified copy of this Resolution shall be recorded in the official
records of Collier County, Co constitute · lien against such property
according co law, unless such direction il ·tawed by this Board upon
appeal of the assessment of the owner.
Thil Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWI3HT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM
~[~DAVXD WEIGEL
COUNTY ATTORNEY
CSce 11 - 1/97
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
MAR 0 4 1997
LZIMRB,SOLO'I~ON - ~:)OZ BM'FOR~ CAfBMO. 61104-~14
RBCOIDOI,'/I~R - 1(3~BA3tOM
Botrd to accept repor~ and adopt Resolution assessing a lien
against ~he ~rce~ ~n order co rec~er p~c ~ds ~nded
to effect ~he ~ate~n~ of a ~l~c nuLl~co at t~o
l~atiou, all as P~ded Eot ~n ~n~ce 91-47, the
Collier Cowry Heed, ~tter ~d Plant C~trol ~d~ce.
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
FIB~tL IMPACT
Reimbursement of $245.00
action or foreclosure.
may be anticipated
/os/oG
~2/24/96
o /o /97
voluntary
~01~/~M~~ IMPACt_ Not applicable.
]t~COMMENDATION
That the Board of County Commissioners adopt the Resolution.
Vt~g~n~ Pack
APPROV~DBY,
Vincent A. Cautero, Adminlltra~or
Co=em,miry Dev. & Environmental Byes.
DATE:
· OJU~) O~CC~ C~IIXO~
~)X,X.X~R ~431E'X~, rLORXDA
~ SXXO4-X24 #SS200240000
LEGAL D£SCRXPTION:
LIEN NUMBER:
Lot 6, LeXy Cou~tg~, CXub, NUXRFXELD, eccordLng to tho plat therem£
al ~oor~d Ln ~/at Book 14, frigo ~S, or the ~lXa beards o~
~Aer C~ty, rZozAda.
You, ~s the ~fler or the property ~bove described, ds recorded An the
records ~XntaXfled by the of~ce o~ the Property ApptaXset~ ate hereby
advXoe~ that the Compliance Services ManageF, did on XZ/~/96~ order the
abatement of a certain nuisance ex~st:flg on the above property prohXbXted
by Ordinance g~-47~ serving notice thereo~ upon you, such nuisance beXng:
exoelo of 11" An heAght Afl a I~dAvLlXofl other than Galen Gate
Estates.
You falled to abate such nuisance; whereupon, it was abated by the
expenditure of public funds at a d~rect cost of 14t.00 and administrative
cost of $200.00 for a total of $24S.BO. S,ich ¢:osts, by Resolution of the
Board of County CommAssioners of Collier County, florida, have been
assessed against the above property on and shall become
a lien on the property thirty {30) days after such assessment.
You may request a hearing be[ore the Board of County Commissioners to
show cause, If any, why the expenses and charoo~ tnt.fred by the County
unde¢ thAs Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the prope£ty. Such £equest fo£
hearing must be made to the 'ClaCk of the Board of County Commissioners,
GoveCnment Center, tlaples, Florida 34]]2 in writing within thirty ~30!
days from the date o~ this assessment to he valid.
CLERK, BOARD OF COUrtT¥ cor. IHJSS~orIERS
CSce 9- 1/93
MAR 0 A 1997
RF.~OLUTXOH HO. 9?-_
A RF~OLOTIO~ OF THE BOARD OF COUNT~ L'~)~HI$SIO~RB
PROVIDINO ~R MS~SHE~ OF LIEN, FOR ~E ~T OF
~ ~A~ OF P~LIC ~IS~CE, IN A~RD~
~l~ ORDXN~ 91-47.
MNERL%S, al provided in Ordinance 91-47, the direct coats o!
eb~teMnt of certain nuisances, including prescribed sddinistrative
cost incurred by the County° eh~ll be assessed against such property;
end
NI. IKR;A,~, the colt thereof to the County al to each parcel shall be
calculated and reported Co the Board o! County Co(wellliOflarl, together
with · description of laid parcel; and
gI~RW, luch aliellment shell be a legal, valid and binding
obligation upon the property agatnlt which e~de until paid; end
)MERW, the asseslmenC shall become due and payable thirty (30)
days after the e~alling of Notice of AlleSamenC after which interest
shell accrue &t a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
~ISSI~R~ OF ~LI~ ~, F~RIDA, Chic the proper~y delcri~d
II toll.s, and having ~en ~ba~ed of · public audience lfcer due lsd
pro~r notice chereo~ ~o chi ~er of I~td pro~rcy, Il hereby Illelled
chi roll.lng coicl of luch Iba~i~en~, co vic~
~ L~OAL DESCRIPTION t ~
Mien Baron
2375 Tamiami T~L N
ST~ 300
Naples, FL 33940
Lot 6, Lely Country Club, $245.00,
MUXRPZELD, according to the plat
thereof al recorded in Pict Book
14, Page 75, of the PubXXe Racordl
of Collier County, Florida.
~1104-114 J$5200240000
The Clerk of the Board shell mail & notice of aeSellmenC of lien
to the o~ner or samara of the a~ove described property, and if such
owner fails co pay loch alieliment within thirty (30) days hereof, ·
certified copy of chis Resolution shall be recorded in the otficia!
records of Collier County, to constitute a lien against such property
according to law, 'unless such direction is stayed by thil Board u~on
appeal of the assessment of the owner.
This Resolution adopted after motion, lecond end n~JorXty vote.
DATED:
ATTEST:
DWZGHT £. BROCK, CLERK
BOARD OF COUNTY CO~ISSIONERS
COLLIER COUNTY. FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~...D;~VXD-WEXGVEL
COUNTY A~NEY
CSce ll - 1/97
BY'
TIMOTHY L. HANCOCK, CHAIRMAN
MAR 0 4 1997
LZZN ItZBOLOTZON - CODB :B~/'OX~ r..;~ ~TO. 6110'7-060
~I.~CORD ~ - Z,Z,OT'D · BKZ~H'AN
Board to accept repor~ and adopt Resolution assessing & lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance at thi.
location, all aa provided for in Ordinance 9~-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CO~SXDr~AT~_O~_
Case Summary
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
FIBCAL IMPACT
11/19/96
12/13/96
12/24/96
01/02/97
Reimbursement of 8245.00 may be anticipated by voluntary
action or foreclosure.
GROWTH NANA~ IKPACT Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the Resolution.
PRB,~BY~
,ack
APPROVED BY~
Vinoanb A. Cautero, Adm/nistrator
Connunity Dev. & Environment&l Sv~s.
DAT~:
DATE:
MAR 0 4~ 1997
COLLZrA CC~TY, FLO:F. ZDA
Naples, FL 33963
PJ:rrAENCE 4X107-060 ~62094010003 L~EN HUHflER:
LEGAL D£SCRIPTZON:
Lot 16, Block 6, #Ai~EI I'IAIqORADDZTZOH, ac~ordLng to ~e plat
~oroof, ~ f~le and reoorded ~n the ~1~0 ~eoorde of Co11Aez
c~n~, rlor~, Page Book 3, Pages 67 and 60 and o~3oot ~
You, as Chi owner of the property fbove described, as recorded An Chi
records ~ln~a~ned by ~he ott~ce of the P~oper~y Appraiser, a~e hereby
advised thac ~he Compliance SeCv~ces Hanager, d~d on 11/~5/16, o~deg the
abatement of 4 certain nuisance existing on ~he above pgope~y prohibited
by Ordinance 91-4~, serving not~ce thereo~ upon you, =uch nuisance being:
· roh~b~tod ~c~lstLon of non-proteatod morale vegotatLon ~n
ox~eo, or 18' Ln ho~gh~ ~n I .~d~v~s~on other ~han Golden Gate
E/tltom.
You failed to abate such nuisance; wheret~pon, at was abated by the
expenditure of public ~unds ac a direct cost of $45.00 and admlniJcratlve
cost of ~200.00 for a total of ~24S.00. Such cost~, by Resolution o~ the
Board of County Co~issioners of Collier County, Florida, have been
assessed against the above property on and shall become
a lien on the property thirty I]0) days a~ter such assessment.
You may ~equest a hearing before the Board of County Co~issioners to
show cause, If any, why the expenses and charges incurred by the County
under this Ordinance aec unwarranted o~ exces~lve or why such expenses
should not constitute a lien against the property. Such request for
hearing mu~c be made to the Clerk of the Board of County Co~ls~ioners,
Government Center, ~aples, Florida 34112 in writing within thirty 630)
days from the date o~ this assessment ~o be valid.
CLERK, BO~RD OF COUHTY CONI.]ISSIO~ERS
CSce 9- 1/9]
MAR 0 1997
BESOLUTION NO. 9?°
& RESOLUTION OF THE BOARD OF COUITI~ CO~tXBSXONERS
~E ~A~ OF P~LIC ~IS~CE, IN ACCORD~CE
WI~ ORDINatE 91-47.
t
~ER~, as pr~ded In Ordinance 91-47, the direct costs of
· b~t~nt of cart, in nuis~nces, ~ncluding pr~scri~d ,dministr~tive
cost incurred ~ th~ County, shall ~ ~ssessed ~g~inst such property~
NltEREAS, the cost thereof to the County as to each parts! shall be
calculated and rep<~rted to the Board of County Cofm~islionsrs, together
with a description of said parcel; and
~r~£REAS. such assessment sh~11 ~ ~ legal, valid and binding
obligation u~n the pro~rty *gainer which made until p~ld~ and
~ERE~, the ~ssessment sh~ll ~come due and p~y~ble thirty (30)
days a~ter the ~l~ng o~ ~ocice o~ Assessment a~ter which interest
shall accrue at a rate of twelve percent (12.0~) per annum on any
unpaid ~rtion thereof.
N~, ~EREFORE, BE IT RESOLVED BY THE BOARD
~ISSIONERS OF ~L~IER ~y, F~RIDA, that ~he property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the o~er of said property, la hereby assessed
the following costs of such abatement,
Lloyd O Sheehan
5600 N Ts~i~,mi Tr aTE 1
Naples, FL 33963
LEOAL DESCRIPTIONt
61107-060 462094080003
Lot 16. Block 6, NAPLES ~OR $245.00
~DDZTZON, according to the plat
thereof, on fils and recorded in
the Public Records of Collier County,
Florida, Page Book 3, Pages 6? and
g8 and sub,act to reservations,
restrictions and limitations of record.
The Clerk of the Board shall mail a notice of assessment of lien
to the o~ner or o~ners of the above described property, and if such
ovn~er fails to pay such assessment within thirty (30) days hereof, &
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the o~ner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
EMIOHT £. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Oe._D~VI ~W~ I~EL
COUNTY ATTORNEY
CSce 11 - 1/97
BY:
TIMOTHY L. H~COCK, CHAIRPlAN
L _j
Board to accept report and adopt Resolution assessing a lien
&g&tnst the p&rcel tn order to recover public funds expended
to effect the abatement of a public nuisance at this
location, &11 a. provided for in Ord£nance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
a. Viol&t/on determiner/on
b. Notice of V~olation served
c. Verification of unabated nuteance
d. Nuisance abated with public funds
e. Owner invoiced for costs
~o/lo/96
~o/~8/9~
11/13/96
12/19/96
12/30/96
Retmbur.ement of $1,223.92 may be antic/pared b~ voluntary
act/on or foreclosure.
~ltOWTNMal~t~ IMVACT Not a~olicable.
~COMM~NDATIO~
That the Board of County Commissioners adopt the Resolut/on.
PP~EPAR~D BYr
~ENIiFR CUBTO~ER 8~RVZCE ~PP~ESENTATIVE
A~PROVEDBY~
Vtnoen~ A. C&utero, Administrator
Ccmmunit7 Dev. & ~nvironmental Bros.
DATE:
MAR 0 4~ 1997
,./
COLZ.Z~ COCrlI'Z~, rLOZtZD&
~ 41014-0~5 ~122i31~00~ ~X~ ,UHB~R:
~ ~1 ~ II~k 1~, ~11%nWl WO~ ~1, m~dX~
· ~ W~f ~ An ffZat ~k 3, fare 86 and l?, of ~e
~ of ~11Xer ~ty, flori~.
You, ms the ~ner of tho property ~ve described, fi recoEded Iff the
records Mlflcolned by the office of the Property Appraiser, Irs hereby
idv~sed thl~ the C~11ance Services Manager, dad on ~0/ll/ll, order the
mbeCimenc or · tertian nuisance ox~itAng on the above property pFohtblted
by O;dlfllnct ~-47~ ll;v~n~ notate tJ,~Feot upon you, such
bmllt~ of prohLb~d exotloo on un.roved 1mhd
200' of ~r~id. o~vtdod pr~irty. Prohibited d~lng~
pr~r~y.
BrisXXXan ~r he~oo Ind bXaXeuoa trees
You ~ailed to abate such nuisance; khereupofl, lC was abated by the
ixpindltur~ of public Zunds aC I direct cost o~ ~1023.92 and
administrative cost st ~200.00 got a total st ~1223.92. Such costs~ by
R~solutlon of th~ Bolcd st County Co~lsilonegs o~ Collier County,
~lo~tda~ have been assessed against the above p~ope~ty on
and shall become a l~en on the p~operty thirty {30) days ~tlg such
You may request a hearing before the Board o~ County C~/sstoners ~o
shov clull, 1~ iny, vhy c~e expenses 4nd chsrges incurred by Chi County
u~der Chll Ordinance *ri unwarranted or excessive or khy such expenses
should nsc constitute I lien iglinsC c~e property. Such request
hea~ing must be ~de ~o the CZerk of the Board o~ County Co~lssionera,
Govern~nc Center, Naples, ~lorld4 34112 in ~lcing ~lCh/n Chi:Cy (30)
days Ir~ the dace st chis ississmenc Co bt vllid.
CLERK. BOARD Or COU[?TY CONHISSIONERS
CSce 9- 1/93 ,
MAR O 1997
RF~OIATTZ OH NO.
A Rr~OL~TION OF THE BOARD OF COLr/T~ COJ~ISSI~ERS
PROVIDINO ~R ~SES~E~ OF LIEN. FOR ~E ~ST OF
~E ~A~ OF P~LIC ~IS~CE. IN AC~RD~
MI~ ORDIN~CE
~EREAS, &l provided in Ordinance 01-47, ch· direct COltl of
· bat·Mst of cart·in null·nc·e, including prelcribed ad~tnilcrative
coat incurred by the County, ah·Il be asses·ed against such property;
and
~EAS, the cost thereof to the County as to each parcel ·hall be
calculated and reported to the Board of County Comissionere, to~ether
with · description of said parcel~ and
WI.~ZREAS, such aeeeae~ent shall be · legal, valid and binding
obligation upon the property against which ~ade until paid~ and
WI~EREAS, the aseese~ent shall become due and payable thirty (30)
days after the smiling of Notice of Assessment after which interest
shall accrue at · rate of twelve percent (12.0%} per annum on any
unpaid portion thereof.
I~W. THEREFORE. BE IT RBgOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the property described
· · follows, and having been abated of a public nuie&nce after due and
proper notice thereof to th· o~nar of said property, la hereby assessed
the following coats of such ·betement. to wit:
Lloyd O Iheehin Tit
S600 N TamLami TR ITl 1
Naples, FL 33963
lot 31 in Block 13, mi1 In NAPLSS $1223.92
~t~NOR LA, SS, according to the
Plat thereof recorded in Plat Book
3, Page IS and O?, of the Public
Records of Collier County, Florida.
6101~-0SS 1~22~3920004
The Clerk of the Board shall mail · notice of assessment of lien
to the owner or o~ner· of the above described property, end if such
o~ner fails to pay ouch ·seas·meat within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute · lien against such property
according to law, unless such direction le stayed by this Board upon
appeal of the asses·meat of the owner.
This Resolution adopted after motion, second and m·Jority vote.
DATED;
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
(I
APPROVED AS TO FORM
A~D LEGAL SUFFICIENCY~
UNTY ATTORNEY
CSce 11 - 1/97
BY.
TIMOTHY L. I'{A~ICOCK, CHAIRMAN
~ECO)OiKNDATZON
01~ WYNDE31KRB"
TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF *'VILLAGES
To approve for recording the final plat of "Villages of Wyndemere", a
subdivision of lands located in Section 19, Township 49 South, Range
26 East, Collier County, Florida.
CONSXDERATX~NS
Engineering Review Section has completed the review of ti;.=
construction drawings, specifications, and final plat of "Villages of
Wyndemere". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. It is the intent of the developer to record the plat
prior to construction of the improvements. The security in the
amount of 110% of the total cost of the required improvements is
being covered by construction and maintenance agreement and a cash
bond. This would be in conformance with the County Land Development
Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of
O"Villages of Wyndemere" be approved for recording.
FISCAL IMPACTs The fiscal impact to the County is none.
The project cost is $28,980.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer
b) Drainage,
Paving, Grading
- $ 8,575.30
- $20,404.70
The Security amount, equal to 110% of the
project cost, is $31,878.00
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $943.39
Fees are based on a construction estimate of
$28,980.00and were paid in November, 1996.
MAR 0 1997
Executive Summary
Villages of Wyndemere
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00
- $425.00
b)
c)
Paving, Grading (1.275% const, est.)
~ROWTHNAN~GEMENT XMPXCT~
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ 42.87
Drainage,
Paving, Grading (.425% const, est.) - $ 86.72
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $128.63
Drainage,
- $260.17
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMM~RD~TION~
That the Board of County Commissioners approve the Final Plat of
#Villages of Wyndemere" with the following stipulations:
Accept the Cash Bond as security to guarantee completion of
the subdivision improvements.
0
Authorize the recording of the Final Plat of "Villages of
Wyndemere."
Authorize the Chairman to execute the attached construction
and maintenance agreement.
e
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
MAR 0 4 1997
Executive Summary
Villages of Wyndemere
Page 2
PREPARED BY:
John R. ~Iou%dsWor~h, Sinior Engineer
Engineering Review
REVZ EWED BY:
Engineering Review Manager
g Services _Director
%'t~c&fft i. Caut-ero, Administrator
Community Development i Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JRH/ew
Date
Date
Date
MAR 0 & 1967
-4
#~L1N
tN'? .tT
11.
'[,'Nfl
^i'1
The Security amount, equal to 110% of
project cost, is 531,878.00
the
The County will realize revenues as follows:
.5
,(
AG£f
MAR 0 A 1997
P~. +
~NIT }4
GOLOF. I
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AOREEMENT FOR SUBDIVISION
IMPROVEM]E]q'I'S entered into this day of ,19 __, betwe~ Quinby ]:)~l~t
hereinat~ referred to as 'Developer", and thc Board of County Commissioners of Collier County,
Florida, herdnafler referred to ns "The Board".
I. Developer has, simultaneous]y, with the delivery offl~is Agreement, applied for the
approval by the Board ora certain plat ora subdivision to be known ss Villages of Wyn/emere.
2. Division 3.2 of the Collier County I2uxi Dcve]~ Code rcqui~ the Dcvdoper
to post appropriate guarante~ for the construction of the
subdivision r~gulations, ~d guaran~ to be incorporated
construction of the required improvements.
NOW, THEREFORE, in consideration of the fo~oing pmnises and mutual ~ts
herein~er set forth, Developer and the Board do he. by covenant and ng~e as follows:
1. I)c~lolxr will cause to be constructed water, sewer, paving arid drainage
within 2 months from the date of approval of said subdivision plat, said improvements hertlnnf~
referred to as the requin~ impwvemcn~.
2. D,~lol~r her~'with
Exhibit "A" and by reference made a part hereof) in the amount of $31,878.00 which amount
I~AR 0 4 1997
F'[. ~
represents 10',4 of the total contr~ cost to complete constn~on plus 100% of the estimated cost
to complete the required improvements at the date ofthis Agreement.
3. In the event of default by the I:)eveloixr or failur~ of the Developer to complete sach
upon the subdivision pcrfomumce security to insure satisfactory completion of the required
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records hav~ been
furnished to be review~ and approved by the Development Services Director for cornpl/a~ce with
the Coil/er Count~ Land Development Code.
5. The Development Services Director shall, within ~ (60) day~ of nx:ei~ of flx~
statement of substantial completion, eider:, a) notify the Developer in writing of its preliminary
approval of the improvements; or b) notify the Developer in writing of its refusal to approve
improvements, therewith specifying those conditions which the Deve]o~ must fulfill in order to
obtaia thc Directors approval of the improvements. Howrver, in no event shall the Development
Services Director refuse prelhnizu~ approval of the improvements if they are in fact considered
and submitted for approval in accordance with the requiteme~ ofthis Agteem~
6. The Developer shall maintaia all required improvements for a minimum period of
one year after prdL, ninary approval by the Development Services Director. After th~ one year
maintenance period by the Developer has terminated, the Developer shall petition the Development
Services Director to hxspea the required improvements. The Development
MAR 0 1 1997 '
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10o~4 of the subdivision performance security. The Developer's responsibility
for maintenance of' the required improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once wiflffn every six (6)
months thereafter the Developer may request the Development Services D~r to reduce the
dollar amount of the subdivision performance security on the basis of' work completed. Each
request for a reduction in the dollar amount of the subdivision perform-ncc security shall be
accompanied by a statement of substantial completion by the Developer's engineer together with
the project records necessary for review by the Development Servi~ Dir~tor. The Development
Services Director may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date ofthe request
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure by the County, Administrator ma), call upon the
subdivision performance security to secure satisfactory completion, repair and maintenance of the
required improvements. The Board shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and acceptance of bicl.% the
improvements required bemire The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such
th: final total cost to the Board thereof, including, but not limited to, engine
MAR 0 ~, 1997
cont~ngen! costs, togetl~ wi~ any damages, either dJ~'ect or consequential, which tht Board may
sustain on account of~e failure oft~c Developer to fulfill all of thc provisions oft~is AgretmenL
9. All of the terms, covenants and conditions herein contained a~e and ~udl be binding
upon the Developer and the respective succes.~rs and a.uigns of ~ Dew. loper.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives 0~Js day of , i 9 ..... .
Signed, SeaJed and Delivered
in ~e presence of':
Dorene Nitch
Clyde C. Quinby
President
Marlene Sale
ATTEST:
DWIGHT E. BLOCK, CLERK
Deputy Clerk
Approved as to form and
Collier County'Attomey
BOARD OF COUNTY COMMISSIONERS
OF COLLIL~ COUNTY, FLORIDA
By:
Timothy L. Hancock, Chairman
MAR 0 1 1997
Im
CON~ENDAT~'ON TO
EXBCUTIVB SUMMARY
QRART FINAL ACCEPTANCE OF THE ROADWAY,
IMPROVEML~T8 FOR THE FIITAL PLAT OF "NORTHBROOKE
To grant final acceptance of "Northbrooke Drive"
CONS~DE~ATIONI
O4.
On February 14, 1995, the Community Development and
Environmental Services Administrator granted preliminary
approval of the roadway, drainage, water and sewer improvements
in "Northbrooke Drive-.
The roadway, drainage, water and sewer improvements not
required by the plat to be maintained by the project,s
homeowners association will be maintained by the County.
The required improvements have been constructed in accordance
with the Land Development Code. The County Development
Services has inspected the improvements and is recommending
final acceptance of the improvements.
A resolution for final acceptance has been prepared and
approved by the County Attorney,s Office. A copy of the
document is attached.
The roadway, drainage water and sewer improvements not required to
be.maintained by the project,s homeowners association will be
maintained by the County Transportation Department and the County
Utility Divisions.
Funds for the routine maintenance and upkeep
will come from the Operations and Maintenance budgets of the
Transportation Services and Utility Divisions.
~I~OWTH MANAG~__~NT. IMPACT ~ None
.IitAR (} 1997
Executive Summary
Northbrooke Drive
Page 2
That the Board of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in "Northbrooke
Drivea and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution
authorizing final acceptance.
2. Authorize the releale of the maintenance security.
PREPARED BY:
John R. HOUldsworf. h, SeniOr
Engineering Review
Engineer
Date
Engineering Review Manager
Donald-"#. ,~rnold
Planning Services Direct~/:
Community Dev. and Environmental Svcs.
Community Dev. and Environmental Svce. DIVISION
Date
;
Date
MAR o 4, '1997
RESOLUTION .NO, 97.
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
THOSE ROADWAY, DRA/NAGE. WATER AND SEWER
IMI~ROVEME%'TS IN NORTHBROOKE DRIVE. RELEASE
OF THE MAINTENANCE SECLT, IT¥, AND ACCEPTING
THE MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE , WATER A~ND SEWER
IMPROVEME.%-i'S THAT ARE NOT REQUIRED TO BE
MAINTAIn'ED BY THE HOMEOWNERS ASSOCIATION.
WI~S, the Board ofCoumy CommJssioners orColller County, Florld~, on February
14, 1995 approved the plat of Nonhbrooke Drive for recordinf; and
wTa~REAS, the develope' has constructed and m~n~ned the roadway, drainage, water
and sewe~ improvements in accordance with the approved plans and specifications and as required
by the Land Development Code (Collier County Ordinance No. 91-102, as Imended): and the
Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 88o'/6, as amended).
WI'~REAS, the developer has now requested final acceptance of the roadway, drainage,
w~et and s~*,er improvements and release of'his maintenance security, and
WI-IEREAS, the Compliznce Sendces Section ot'the Development Services Department
has inspected ~he roadway, dr~irage, water and sev,'er improvements Nd is recommendin.e
acceptance of sa. id facilities.
NOW, TH~:REFORE, BE IT RESOLVED BY TH~ BOARD OF COUNTY
CO~.GflSSIONERS OF COLLAR COUT~Y, FLORIDA, that fi~l acceptance be ~ran:e~ ~or
ro~y, drainage, water ~nd sewer improvements in No~hbrooke D~ve, and autho~ze the
to relea~ the m~nten~nce s~u~ty.
BE IT FUR'IH:ER RESOLVED .-L\'D ORDERED that the Co,.:nty accept the future
maintenance and other attendar.~ costs £or lhe ro,,d~ ay, drainage, wate: and server improvements
that ~e not required ~o be maintained by the homenwners association.
This Resolution adopted after mo~ion, second and majority vote t'avorin$ same
DATE:
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY CO,~llSSIONERS
COLLIER COUNTY. FLORIDA
By:
T~IOTHY L. HA~'COCK, CHMR.\IA.\'
MAR 0 4 1997
EXECUTIVE SUMMARY
APPROVE CHANGE ORDER NO. 2 TO JOHNSON ENGINEERING, INC. FOR
MODIFICATIONS TO THE EAST NAPLES PARK SKATEBOARD FACILITY.
~ Request the Board of County Commissioners to approve Change Order
No. 2 to .lohnson Engineering Work Order JEI-FT-96-7.
CONSIDERATIONSi On August 6, 1996 the Board of County Commissioners
approved Work Order JEI-FT-96-7 [Item 16(bX4)], authorizing Johnson Engineering to
provide engineering services for a skateboard facility located at the East Naples Park.
Since that time, a new building has been added and the slab changed to a post-tension
design, requiring additional engineering services.
FISCAL IMPACT_.' Funds are available in Fund 36g-116360-80087 (East Naples
Skateboard Facility)
Original Conwact
Change Order No. I
Change Order No. 2
Revised Contract
$29,200
1,500
$12.44~
$43,140
GROWTH MANAGEMENT IMPACT: The Skateboard Facility is a Capital
Improvement Element (CIE #723).
RECOMMENDATIO~ri That the Board of County Commissioners approve Change
Order No. 2 in the amount of $12,440.
PREI~ARED BY: ,~~~...~.,,~ __,~.~
P. Ciranna, Project Manager, OCPM
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
TPC/sc/exsum
Skip-C~amp, Acting ~irecto~,
Pm'ks,~d Recr~tion,~e~t
Ray'nd W. Miller, li.E.
Interim Administrator
Public Works Division
Date
HAR O 1997
CHANGE ORDER
Po~g~. p~,, Su~ 216 3301 T~ni Tr~ E.
NapI~ FL 3410~ ~aple.~ FL 34112
/
NAR 0 ~ 1997
CHANGE ORDER
;ottn.~n ~ ~
264O C~I~= Otta ~
Po~na Pad~, Su~ 216
FROM:
ColHcr Couu~, OCPM
3301 T,~,~;",~{ Tn~ East,
N~Ics, ~ 33962
Project No. s0C)8'7
Bidl',lo. 95..2422
Ds/~snnsry~t~
Project name: E. Nzpks ~ F~u:ility
Clm~ O~n-uo. 2
Sum of~
This Ctumge Ordgr no. 2 ~ ladd}
s~9~
S
$12,440
,, _ .-:
.gn~C~nseOt~t.~~. -~ ......... ___ _
N/A
N/A
N/A
- = N/A
,.- N/A
APPROVED BY~doL~ A.-~e~ Dimct~ OCPM
DATE:
MAR"'U A
TO:
ORDER
Iohnson ~ Ir..
264O C.~ ~ ~
Poinciana Park, Sui~ 216
Naple~ Florida 34105
FROM:
Collier County, OCPM
2301 T*~'~!~! Trail East,
Naples, Hot/da 33962
Project No. 80087
Bid No, 95-2422
Cb,rage ord~des~ptiom ~ tr~c~and m~l ag00 ~. tt buildia$, plua desi~ of
Sum Ofl~vio~ Cnmga Ontm Amoum.. ,- $
This Chang~ Ord~ no. :2 Azmr~ [add} . - -- $12,440
Ori~,,,d Cona.~a T'un~ in ~aleadar day~ --- - -
Adjusted number of cahmd~ d~ys d~ to pr~'ious change order-- =
N/A
N/A
N/A
Original Noti= to Pruce~ date ......
Complation da~ based on original ~omract time
Revlr~d eompletima dam da~ to c,~t ~
= NIA
- ,- NIA
- N/A
Your ~ of' tht~ c~t~ ordm shall eotmitm~ a modLfi~oa to o~
ASr~a~ae~t ami will be l:ameorm~l subject to all t}~ f~ame terms and conditions ~
eonta/ned in said Agreemmt indicau~l above, as f~ty ~ if the sa~e w~,e repeged in this
of,~y ~ ,ii ~u~s r. aim f,~hnp~j~ and d~ay corr.
PREPARED BY: ,~~~~~[~. DATE:
ACCEPTED BY~ DATE:
APPROVED BY:
,a~dolfo A. Gom~ Director, OCPM
DATE:
NAR 0 ~ 1997
JOHNSON ENGINEERING, INC.
14.40 GOLM:N Q&TI~/~WY.
'rDA:~q4C~ led1 434-0333
TE]l. KCo/qtr. N (141 43d.-t3~'0
N APLI' I. FLORIDA
Mr. Tom Ciranna
Project M~get I
Off]ce ofCapiud Projec~
3301 T~tiami Trail Fast
Building D
Naplea, Florida 33942
ENGINEERS. SURI/Lc'YORS AND ECOLOGISTS
February 12, 1997
ARCNIE T. (2RANT, JR.
FORREIT N. IANKI
JOSEPH W. EINER
ITEVEN K. MORRIION
ANDREW D. TILTON
JEFFREY C. COONER
CARL A. IARRACO
KENTON R. KEILIN(2
W. DAVID KEY. JR.
W. IRITT POMERDY
DAN W. DICKEy
K~IN M. WINTER
~ A~ Y R. lULL
(2EOR(2[ J. KALAL
STEPHEN ,¥. ADAMI
PATRIClA H. NEWTON
MARK (2. %¥ENTZEL
Re:
East Naples Skate Park
Site Development Plan Approval
Dear Mr. Ciranna:
As requested, following is an hourly/rate breakdown for the additional
services required to obtain site development plan approval for the East Naples
Skate Park.
Architecture - Bantnay Scl'u'rdtt Weaver and Partners, Inc.
A. Scope of Work
Provide preliminary design documents, including floor
plan and exterior elevations which are to be used with the
Site Development Plan submittal.
21 hours (~ $60.00
Review design documents with project team and
coordinate with site drawings.
6 hours @ S75.00
Provide architectural and ~tructural construction
documents for the building and covered service area tie-in
to the existing building. Coordinate drawings with
Pelican Engineering.
50 hour~ @ S60.00
I HAR 1991' I-
JOHNSON £NGIN££RING, INC.
Mr. Tom Cirarma
Februar~ 12, 1997
Page Two
Provide final review documents to .fohnson Engineering
and Parks and Recreation for comments. Pick up final
comments and include documents into the overall bid set
prepared by Johnson Engineering.
4 hours ~ $75.00
Assist in the bidding and permitting of the project as it
pertains to our services.
4 hours @ $75.00
S 300.00
Provide limited construction administration which
includes shop drawing review, four site visits, review of'
pay requests, if' requested, as they pertain to our services
and paniclpation, if' requested, in the Substantial
Completion punchlist.
16 houn(~S7$.00
B. Fee Total
Miscellaneous reimbursables and printing. NOTE:
construction and permitting reproduction is by others.
S 130.00
S6.640.09
Ail
The above information was provided to Johnson Engineering Inc. by
Barany Schmitt Weaver and Partners, Inc.
ilAR 0 1997
JOHNSON-ENGINEERING, INC,
Mr. Tom Ciranna
February 12, 1997
Page Three
Lighting - Pelican Engineering, Inc.
A. Additional work at East Naples Skate Park -
Revise the lighting plan to include service to an addition to the
existing building.
Senior Engineer -
2 hours (~ $90.00 $180.00
Drafting and Computer Operator -
4 hours (~45.00 $180.00
Fee Total 5360.00*
*Altbougb tat hourly brealtdm~n provider for a dotal of
$$60.00- Pelican Engineering, Inc. agreed to perform tat
above re, ricer for:
Fee Total S300.00
14~R 0 ~ 1997
.JOHNSON ENGINEERING, INC..
Mr. Tom Cimma
February 12, 199'/
Page Four
Eng~ne~ing - ~ohn~on Engineering, Inc.
A. Scope of Work
1. Please reference attached letter dated ~'anuary 21, 1997
detailing the t~s~ to be performed.
Engineer I
8 hours (~ S$8.00 [: 464.00
Project Services I
24 hours (~ $44.00 $1.056.00
Technician IV
24 hours ~ SS0.00 ~
Technician II
24 hours (~ $39.00 $ 936.00
Engineer IV
16 hours (~ $85.00 $I.360.00
Technician I
Miscellaneous reimbursables and printing:
Fee Total SS,SO0.O0
Grand Total $12.440.00
_'?.? ,
.JOHNSON ENGINEERING, INC.
Mr. Tom Ch'arum
February 12, 1997
Page Five
I trust the above information is what is required to obtain a scope
modificttion for this proj~'t. If you have shy questions or comments regarding
this ~ndence plea.~ contact me.
Sincerely,
JOHNSON ENGINEERING, I~C.
01/24/G7 08:31 '~434 9320
JORNSON E~G.
]'Oh SON ENGINEERING, INC.
~002
ENGINEERS. SURVEYORS AND ECOLOGI:STS
January 17, 199~7
l~v;.s~: Sam2ry 2I, 1997
~ ~ 434.033]
N Af"LKB. FLORIDA
Oaicc of Capital ProjKT. s
2201 Tamiami Trail F..sst
Bu~dinS D
Naples, Florida ~94~
Fast Naples Skate Park
Site E~vdopment Plan Approval
lHI F'fle No. 25201
SDP tk. 90-227
~ correspondtnce is submittcd to document the sc, ope modil~cations
request~ by the Office of Capital Projects Management for the
project. In addition, d.~, letter w~l serve to ~ our cxhthg contract datcd
.t'uly la, 199~. We ,,Merstaad, the Site Developmcnt Plan approval will now
incorporate a builcrmg, of nppmxlmar, iy SS4 square feet.
The FJst Naplu Slc3te Perk plans were 1(X~A complete, and .l'ohmon
Enginecdn& Inc. wu h the process of r~c~8 ~e dcvelopmcnt plsn eppnr~
when this modlflcagon wu required. In addition, the South Flor~ W~ter
~ Pcrmtt modification had bee~ obtaim:d.
Ia order to accommodate this moditcago~ the following revisions will
be required;
ARC, H~E T. GNANT.
JOBE~PH W. ~'BN~'R
~ K.
ANDRWW O. TILTON
JF. FFR L"Y C.
CARL A,. IIARRACO
K£NTON R. KEIUNG
W. OAYIO KEY.
W. BRITT POMENOY
DAN W. [JICKI[V
do
Revisions to the exists site development pl~ to reflect the
new builds s/d ks impact on the site layout;
CoordLuto~ with te Ltndsape ~ li~ti~g de~i~ to usure
t~ ~ plaas reflect the bu~m~ and thai electrical senica is
Modif~on ofthe water rnan~emeat ~ to ~ re-
hnd use breakdown;
Revisions to the paiiing maIrix to rcflect the new ~
Iohnson F.~gine~i.n~ Inc. proposes to pmvlde all the above refimmccd
~y~% "i .w~"u'r[ "~ services for s lump sump f~ of $5~0.00.
08:31 ~T434 0320 JOI~SON E~'G. 1~003
JOHNSON ENGINEERINO, INC.
Mr. Tom Cir~m:~
Sal'm~y 21.19~7
Page Tw~
Sub=Consultant Sectfon:
I. tglu~:
Pciican Ens~eerin& Inc. proposes to provide these se~c~s for
$~00.00.
,4,-cASte~.
Barany Schm/tt Weaver and Partners, Inc. proposes to provide deign,
documentation, perm/tfing sssi.~ancc relatin8 to the design of a but'Id~ng
approximately 900 square feet which ~ tie into thc cxisthg Termis Facility via
a covcr~ ~. ~n ~d~tion tbs, w~ provide b~d ass/stance relat/n8 to the
bm'idinF, r, hop drawing review and two site v/s/ts for the n~ount
Total Amount:
st~.44o, oo
JOH%SO.% E.XG.
~oo~
JOHNSON HNG~L~G, h'qC.
Mr. Tom Ckam~
l'ammry 21, 1997
l-~age Thr~
Another 5~oor'~nt isnm to d~sctt.~ at this time, h the p~ ~I~
~m ~d ~o~ ~ ~ s~g pa~ (~ to ~ m~ of~
~-) ~ ~ ~~ ~e ~~ for ~ ~3~.
se~ice, h ~s fair to note, ~ rc, v~om to pro~ect scope effect pro~ect budget
S~nce~4y,
JOHNSON ENGINEERING, INC.
Pro]ec~ Coord]mtor
EX£CUTIVE SI~I~IMARY
APPROVE CtIANGE ORDER NO,2 TO WORK ORDER NO. WMBP-FT-96-4
wmt WILSON, MmL£R, BARTON, PEEK, INC. TO PROVIDE LIGHTING
AND SIGNALIZATION DESIGN AND CONSTRUCTION PLANS FOR
.~IVI~.. GSTON ROAD pRO,IECT NO,60061~ CIE
~ To ~in Boud approv~ of CHANGE ORDER NO.2 to WORK ORDER
No.I:T96-4 with W.M.B.P. under the term~ of our annual professional services a$reement
contract # 95-2422.
CONSIDERATION; The OCPM in-house design st~T is prepm*in~ the construction
dtawin~ of the Livinl~ton Ro~d Widening project (from Radio Road to Oolden Oate
Boulemu-d). In order to mm the schedule, mine of the design work for this project will
b~ perform~ by the consultant firm; WMBP. The consultant i$ air. dy under contract
with Collier County to design · bridge over the Oolden Gate Canal and perform a noise
study. Since other engineering tasks have b~en performed by X~MBP in the area, they are
the mo~t logical choice for the ~igr~lization and lighting design u well. A copy of the
scope of Services which includes fees and schedule is attached.
~.IrlSCAL IMPACT: Funds in the ·mount of $44,860 are ·vail·ble in Fund 333 cost
60051 (Livingston Road
· Widening).
!r"cent~' 163650, project
GROWTR MANAGEMENT IMPACT; This project is consistent with the Capital
Improvement Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve Change
Order No.2 to work order No. WMBP-FT.96-4 with WMBP for $44,8~0 and authorize
the OCPM Director to execute same.
Mitch Momtaz, P.E., Project Manager
Office of Capital Projects Management
1'4AR 0 1997
Stephen Y. C~nell,'Director Purchesina
DATE:
Adolfo A Gogzalez, P E,.
Office Of Cap~ta] Projects Management
DAT~:
REVIEWED BY: :.-~..-,~/~_-,~./~,.c- .c, ~
Administrator, Public Works Division
CC: File 2 proj# 60061 w/att
Rich hellriegel, P.E. Sr Proje:t Manager
NAR 0 ~, 1997
,~...~
CHANGEORDER
Wilson, Miller, Barton &. Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
Project Name:
Work Order Date:
Proposed Livingston Road Bridge
February 6, 1997
Change Order No. 2
FROM:
Collier County Office of Capital Projects Mgmt.
3301 East Tamiami Trail, Building "D"
Naples, Florida 34112
Project No, (,:}061
Work Order No. WMBP-FT96-4
Date: January 15, 1997
Change Order Description:
This change order is in connection to additional Engineering Services
See attached scope of services and schedule of fees for this Change Order No. 2
Original agreement amount ........................................................... ,$
Sum of previous change orders amount ................................. ......~.~...~.. ...... "$ 86,330.00
This Change Order No. 2 smount [add] ................................................... -$ 44,860.00
lttvl:ed ,4gr, tmenl ,4mounl ............................................................... -$134,190.00
OAOriginal contract time in calendar days ................................................... 405
djusted number or'calendar days due to previous change orders ..................... 0
This change order adjusted time is
.qc~ised ¢on*'act rime In calendar da. rs ................................................ 505
Original Notice to Proceed date ............................................................ February 21, 1996
Completion date based on original contract time .......................................... April !, 1997
Revised completion date due to change order(s) .......................................... July I 0, ! 997
Your acceptance ot'thLs change order shall constitute a modification to our Agreement and will be performed subject
to ali the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in
this acceptance. The adjustment to this Agreement shall constitute a full and final settlement of any and all including claims
for impact and delay costs. .
Pl . M nager Da,e:. 7 / q 7
/ C,~er C~/ty O~f ./~p,~/~jeet, lvianagem eh,
Accepted by: {,._ .~'~..J~_. ~Z4~ Date:
7~o-% ~.'Oewt~er, p.E., Oh'ector '
· Transpormlon
Wilson, Millet, Barton & Peek, Inc.
Accepted by:.
Adolfo A. Gonzalez, P.E., Director
Collier County Office of Capital Projects Management
Date:
I HAR 0 4 1997
L_,,. S ,_
LIVINGSTON ROAD IMPROVEMENT - FOUR LANING
FROM RADIO ROAD TO GOLDEN GATE PARKWAY
COUNTY PROJECT NO. 60061
EXHIBIT A - SCOPE OF SERVICES
JANUARY, 1997
2
1.1
The Board of County Commissioners of Collier County (OWNER) desires to
have roadway lighting and signalization plans (PROJECT) developed for the
proposed Livingston Road Improvement between Radio Road and Golden Gate
Parkway.
1.2
Wilson, Miller, Barton & Peek, Inc. (CONSULTANT) was selected by the
OWNER to provide professional engineering services in connection with the
Countywide Master Contract No. 95-2422.
1..3 The PROJECT is generally described ns follows:
a)
Roadway lighting and signalization plans developed to meet
minimum engineering design standards established by the Fiori(La
Department of Transportation (FIX)T) and by ~he County Offices
(Office of Capital Projects Management and Transportation
Services Dapat~ent) for Livingston Road initial four (4) lane
conzm~on within an ultimate six (6) lane right-of-way between
Radio Road and Golden Gate Parkway. Contract documents will
be prepared by the CONSULTANT $uitable for bidding for the
initial four (4) lane improvement between Radio Road and Golden
Gate Parkway.
ASSUMPTIONg
2.1
The OWNER will fiimish all pertinent highway design information and related
documents associated with the initial four (4) lane improvement for Livingston
Road between Radio Road and Golden Gate Parkway. Survey data collected by
OWNER will be utilized.
2.2
All horizontal and vertical geometry, typical sections and cross sections will be
utilized as shown on the OWNER's latest roadway plans. CONSULTANT sMI
advise OWNER of any observed omissions or inconsistencies in said roadway
plans.
A-!
HAR t, I997
3
4
INFORMATION TO BE PROVIDED BY OWNER
3.1 Approval of PROJECT design criteria to be submitted by CONSULTANT.
3.2
Any modifications to q~pical sections, profile grade lines, or utility locations for
Livingston Road between Radio Road and Golden Gate Parkway.
3.8
A compuIer data disk with OWNER's most current geometry, survey, profiles,
cross-sections, and title block with border format.
3.4
OWNER will require utility owners to be responsible for design of relocation or
installation of their respective systems if impacted by the PROJECT. Service
point details will be designed and provided by the CONSULTANT.
3.5
OWNER will submit and process PROJECT through its own internal review
process in order to expedite a timely completion schedule.
;3.6
CONSULTANT will coordinate service points with power company based on
utility information provided by OWNER.
EXCLUDED SERVICE-q
4.1
The professional services to be provided by the CONSULTANT are limited to
those described in the Scope of Services. All other services are specifically
excluded. Listed lxlow are excluded services which may be required or desired
by the OWNER under a separate authorization:
4.1.1 Gootechnical Services at signal and light pole locations, including
foundation designs.
4.1.2
Post design and construction observation services for the Livingston Road
Bridge across Golden Gate Canal and for the lighting/signalization
improvements between Radio Road and Golden Gate Parkwny.
4.1.~ Landscaping design and construction observation services.
4.1.4 Survey sketch and legal descriptions for additional right-of-way to
accommodate signal pole system.
A-2
SCOPE OF SERVICK.~
$.1 Roadway Lighting
$.1.1
Develop concepttmJ roadway lighting report between Radio Road and Pine
Ridge Road (County Project Nos. 60061/60071) which evalua~s and
armlyzes two (2) alternatives - both sides and ,,vest side only. Provide
written recommendation to OWNER.
Bssed on OWNER's approval of recommended roadway iish'Jn~ concept,
design final roadway lighting pl~,~s to be inco~ into OWNER's
contract bid document for the Livingston Road Improvement. Plans will
include: Key Sheet, Summary of Quantities, Service Point Details, Pole
Data Sheet, tnd Special Details.
Signalization Plans
Prepare a technical memorandum between Radio Road and Pine Ridge
Road (County Project Nos. 60061/(~X}71) which evnluates nnd analyzes
strain pole and rnnst arm alternatives.
$.2.2
P_,ssed on OWNER's approval of recommended signalization concept from
the technical memorandum, design final signalization plans to be
in~ into OWNER's contract bid documents for the Livingston
Road Improvement at the following intersections:
n)
Radio Road - includes overhead signing for dual left and dual
b) Progress Ave.
e) Golden Gate Pnd~vay.
Provide plans showing underground conduit Iocatior, for ~uture signal
interconnect s~stem for Livingston Road Improvement. Conduit
construction plans will be incorpornted on lighting plans.
NAR 0 ~ 1997
5,.3
5.4
Quantities and Cost Opinion
$.3.1
Prepare quantities and opinion of probable construction cost for the
PROJECT in accordance with FDOT guidelines. Submit quantities and
cost opinion to OWNER with 60%, 90% and final plans.
Specifications
5.4.1
CONSULTANT will provide technical specifications and technical special
provisions for all items of work not covered by the FDOT Standard
Specifications, Supplemental Specifications or Recurring Special
Provisions.
5.5
5.6
Phase Reviews
$.$.1 Design Submittals
a)
Plans will be reviewed by the OWNER at intervals specified by the
OWNER, including phase review submittals - 60°5, 90% and final.
Content of plutse submittals arc to be in geoeral conformance to the
latest FDOT Roadway Plan~ Prep~tion Manual (English version).
5.5.2 Quality Assurance
a)
Documented CONSULTANT reviews of the plans, calculations
and other deliverables will be conducted for each phase review.
CONSULTANT will submit to the OWNER the disposition of
plan review comments on a point by point basis in written form for
final direction by OWNER.
Construction Phase Services (Contingent)
5.6.1
CONSULTANT will provide engineering and construction observation
services for the Livingston Road Bridge across Golden Gate Canal and for
the lighting/signalization improvements between Radio Road and Golden
Gate Parkway. Scope and fees to be determined if service is required.
A-4
HAR 0 1997
o_ "~
Schedule
S.7.1 Major activity/event milestones for the PROJECT are as follows:
Duration
a) Notice to Proceed 0
b) Prepare Reports 50
c) Report Review Mtg. 0
d) 60 Percent Plans 60
e) 60 Percent Review Mtg. 0
O 90 Percent Plans 60
g) 90 Percent Review Mtg. 0
h) Final Submittal 30
TOTAL: 200
5.8
Compensation
LUMP SUM FEES
5.8.1
Lighting Plans:
a) Lighting Plans
Sub-Torah
S!0,$00
S10.500
5.8.2
Signalization Plans:
a) Livingston Rd at I. Radio Rd.
2. Progress Ave.
3. Golden Gate Parkway
Sub-Torah
S11,820
$8,160
S8,420
Total Lighting and Signalization Plans
S.8.3
Repons:
a) Lighting Concept Report
b) Signalization Technical Memo.
$3,090
Total Reports:
S4.610
5.8.4 Reimbursables
LUMP SUM TOTAL:
0:L'M~I- W.4~2q~J& KAS
MAR 0 q 1997
HAR 0 ~ 1997
EXECUTIVE SUMMARY
REQUEST FOR BOARD APPROVAL TO REIMBURSE THE COCONUT
RIVER CIVIC ASSOCIATION UP TO S2,S00 FOR DREDGING OUTLET OF
COCONIYr RIVER AT JUNCTION WITH MAIN GOLDEN GATE CANAL.
OBJECTIVE: To obt~n
Coconut River Civi~ A.ssociati~ for up to S2,$00 for a portion of their expense in
removing a ~xliment shoal a~ the lower end of the Coconut River.
DESCRIPTIOn: Recent major storm events have acceler~_!~ the sediment
deposition process that has been ocouring along the south bank of the Coconut Rivet at
its junction with the Main Golden Gate Canal. Under certain tidal situations this shoaling
is nearly blocking swrmwa~ flow from the Coconut River and is severely iimitin~ boat
access to t~ adjoini~ ~~.
The Civic Associ~ has secured Lhe necessary dredge and fill permit~ from the U.S.
Army Corl~ of Engineers argt the Florida Depanmem of Environmen~ Protection. They
have also worked out arrangements with adjacent property owr, er for work q~ce and a
location for temporarily storing the spoil material. The Civic Association will be
responsible for properly disposing of the spoil materials. ~ney will otherwise be
responsible to assure tl~ the work will be done in accordance with the permit conditions
·nd utilizing "Best Managemem Practice" cortstmcfion methods to minimize turbidity
and erosion potential.
FISCAL IMPACT: Upon completion ofthe dmtgin~ opemion and final inspection
by County Slaff, the homeowners association shall submit an invoice to the County for
reimb~ for the work completed and approved by the Stormwater Mana~emem
Department Director. Sufficient funds in "Other Contractual Service" are available as
follows:
001-I 72930-634999-0000.
GROWTH MANAGEMENT IMPACT: None
~AR 0 ~ 1997
Executive Sunvnao,
"Coconu! R/v~"
Pa~e 2
RECOMMENDATIO_N_: TI~ the Board approv~ of th~ reimburmmnt to
C. ocoma Rlvw Civic ,Auoct~tion for up to S2,500 for · portion of lhetr
dredgtn~ the oudet to the Coconm River al its jtmction with ~he Main Golden Oate
SUBMITTED BY:
APPROVED BY:
Joh~ H. Boldt, P.E., P.S.M.
Stormwater Management Director
Raymond W. Miller, P.E.
Interim Public Works Administrator
MAR 0 19.97
_EXECUTIVE SUMMARY
REQUEST THE BOARD ADOPT A RESOLUTION AND ENTER INTO A TRANSPORTATION
PROJECT MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR ROADWAY WIDENING AND RESURFAClNG ON C.R. 846
FROM S.R. 29 EASTERLY TO THE HENDRY COUNTY LINE.
~: To obtain Board approval to enter into a Transportation Project Maintenance
Agreement with the FDOT f~ roadway widening and resurfacing on C.R. 846 from S.R. 29 easterly
to the Hendry County line.
CONSIDERATIONS: Pursuant to Section 339.08(2) (b) of the Flodda Statutes (1995) and the
Intermodal Surface Transportation Effidency Act of 1991, the FDOT i$ authorized to undertake a
project within Collier County's geographical limits. The FDOT plans to widen and resurface
C.R. 846 from S.R. 29 easterly to the Hendry county Line. Upon completion, Collier County will
again assume maintenance responsibility for that portion of C.R. 846 encompassed by the Project.
Projects of this nature have been undertaken by the FDOT in the past (e.g., San Marco Road
Shoulder Widening and Street Lighting Project, 1993), thereby providing a benefit to the local
government and the community.
FISCAL IMPACT: Funding for the Project are provided to the FDOT through a Federal Grant.
Following completion of the project, Collier County assumes routine maintenance responsibilities
and expenses which are budgeted for annually.
GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATION: That the Board of County Commissioners approve the Resolution and
Project Maintenance Agreement with the FDOT, and authorize the Chairman to execute same on
the Board's beha, ff.----_
PREPARED BY:
Marquita King, Senior Secretary
Trarteoortatiq, n Department
i~avid F. Bobanick
Interim Transport~tion Director
Ra~ W. Miffer, 15.E.
Interim Public Works Administrator
DATE: 2_ - / ~--"- ~} TM
mI~)2149WES FDOT Agmt.doc
Attachments
HAR 0 19971
~. / ~;, j
1 RESOLUTION NO. 97-.~
2
3 A RESOLUTION FOR A TRANSPORTATION ENHANCEMENT
4 PROJECT MAINTENANCE AGREEMENT FOR ROADWAY
5 W1DENING AND RESURFACING ON C.R. 846 FROM S.R. 29
It F.A~TERLY TO THE HENDRY COUNTY LINE BETWEEN THE
7 FLORIDA DEPARTMENT OF TRANSPORTATION AND THE
8 BOARD OF COUNTY COMMISSIONERS OF COLLIER
9 COUNTY, FLORIDA.
10
11 WHEREA~, [he Board of County Commissioners (*Board') of Collier County.
12 Florida, wl~he~ to ent~ into a Transportation Enhancement Project Maintenance
13 Agreement (the "Agreement') with the Florida Department of Transportation (FDOT); and
14 VVHER~..4~, a Resolution of the Board authorizing the execution o! that cedain
15 Agreement with the FDOT i~ required; and
16 WHEREAS, ~ Board has the authority to enter into an Agreement with the FDOT
17 to undertake a Project as authorized by the Intermodal Surface Transportation Eff'K:iency
18 Act of 1991, as amended: and
19 WHERE/~, the Project consistl of roadway widening and resurfactng on C.R. 846
20 from S.R. 29 easterly to the Hendry County Line.
21 NOW, THEREFORE, BE IT RESOLVED BY
22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
23 1.
24 2.
25
2~ This Resolutio~ adopted tht~ day of
27 after motion, ~econd end majority vote favoring same.
28
29
30
31
32
33
34
35
36
37
3~
39
40
41
42
43
44
45
THE BOARD OF COUNTY
That the Agreement for State Project No. 03020-3602 is approved.
That the Chairman of the Board of County Commissioners ia authorized to
execute the Agreement with the Florida Department of Transportation.
0 19 0
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY
Timothy L. Hancock, Chairman
Approved as to form and legal
sufficiency
Shldey ~loa~ McEachem
Assistant Co~ler County Attomey
ml~021497/RIl F'D~T ~
NAR 0 1997
STATE PROJECT NO.: 03020-3602
WPI NO.: 1123687
FAP NO.: ACXA-1547-(2)
COUNTY : Collier
PP~JECT MAINTEN]tNCE AGREEMENT
THIS is an Agreement, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT," and COLLIER COliCkY, hereinafter referred to as "LOCAL
WITNESS ETH
WHEREAS, pursuant to Section 339.08(2)(b), Florida Statutes
(1995) a~ the Intermodal Surface Transportation Efficiency Act of
1991, the DEPARTMENT is authorized to undertake'a project within
the LOCAL GOVERNMENT geographical limits~ and
WHEREAS, said project is identified and known to the parties
as State Project No. 03020-3602, WPI No. 11236S?, Federal Aid No.
ACTA-154?-(2), which will be of benefit to the LOCAL GOVERNMENT;
and
WHEREAS, in accordance with Title 23, U.S. Code, Section 116
and Federal Highway Administration regulations issued pursuant
thereto, there must be an agreement from the LOCAL GOVERNMENT to
maintain the proJect~ and
a part hereof,
the LOCAL GOVERNMENT by Resolution, dated
, a copy of which is attached hereto and made
has approved the Agreement and authorized its
to execute said Agreement.
NOW, THEREFORE, in consideration of the premises,the parties
agree as follows:
1. The DEPARTMENT hae undertaken the project and obtained
approval for federal participation in Widen & Resurfaoe on CR 846
fro~ SR 29 BasterlF to the Hendry Count~ Line.
2. It is understood and agreed by the parties that upon
completion of construction of the project, the LOCAL GOVERNMENT
shall be responsible for maintenance of said project in accordance
with Title 23 U.S. Code, Section 116 and the following federally
accepted state standards: (a) Manual of Uniform Minimum Standards
for Design, Construction and Maintenance for Streets and Highways
(1994), as amended~ (b) FDOT ~rocedures 850-065-001, 850-065-002,
and/or 650-050-001, as amended.
This document incorporates and includes
all prior
HAR 0
negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements or
understanding concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any
prior representation or agreements whether oral or written.
4. To the extent allowed by Section 768.28, Florida Statutes,
the LOCAL GOVERNMENT hereby agrees to indemnify, defend, save and
hold harmless the DEPARTMENT and its officers, agents and employees
from all claims, demands, liabilities and suits of any nature
arising out of, because of, or due to any negligent act or
occurrence of omission or commission of the LOCAL GOVERNMENT, its
officers, agents or employees. It is specifically understood and
agreed that this indemnif~cation clause does not cover or indemnify
the DEPARTMENT for its negligence.
5. This Agreement shall be governed, interpreted and
construed according to the laws of the State of Florida.
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has caused this
Project Maintenance Agreement to be executed in its behalf this
day of , 19 ., and the DEPARTMENT has
executed this Project Maintenance Agreement through its District
Secretary for District One, Florida Department of Transportation,
this day of , 19 .
This Agreement ~hall become effective upon execution by the
DEPARTMENT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
District Secretary
ATTEST: ATTEST:
Clerk
Executive Secretary
APPROVED:
Attorney
As to Form and Legality
By:
District Legal Counsel
MAR 0 q 1997
COLLIER COUNTY GOVERNMENT COMPLEX
Transportation Services Administrator
Road and Bridge Department, Building D
3301 Tamlaml Trail Bast
Naples, Florida 23962-4977
Work Program Office
P O BOX 1249
Barrow, Florida
(941) S29-22~8
January 14, 1997
33831
TRANSPORTATION PROJECT MAINTENANCE AGREEMENT
WPI NO.: 1123687
STATE PROJECT NO.: 03020-3602
DESCRXPTIONg W~den & Resurface on CR846 from SR 29 Easterly
to the Hendry County Line
Dear Mr. Archibald=
. Enclosed for execution are six (6} originals of the
Maintenance Agreement covering the above mentioned project.
Please present to your next County meeting to be approved,
sure the project stays on schedule.
to ~ake
Please have all originals executed by the Chairaan of the Board of
County Cc~missioners and County Attorney. Return (5) executed agreements
to us for execution by the Department together with ~wo (2) original
Resolutions and Certified Copies authorizing the Chairperson to execute the
Agreements.
Should you have any questions, please feel free to contact me at
(941) ~19-2268.
Vt/add
cc= Rick MacCalla, Project Manager
File
Sincerely,
Veronica Costa
Work Program Administrator
Sharon Douberley
Work Program Analyst
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
AUTHORIZE TIlE CORRECTION OF A SCRIVENER'S ERROR TO A
CONSTRUCTION AGREEMENT FOR A GRANDSTAND AT SUGDEN
REGIONAL PARK.
OB31~CrlVI:: To cam'eot a ~:~ener'l error and provide proper tetrnl on the agreement
for the construction ofthe grandstand at Sugden Regional Park.
CONSIDERATIONS: The construction agreement between the Oulfcout Skinvner~ and
Collier County to build the grandstand structure at Sugden regional Park wu approved on
January 7, 1997. The term of the agreement was incorrectly cited in the agrmnent as
being flora August I, 1996 to August i, 1997. The correct term should have been from
lanuary 7, 1997 to lanuaty 7, 1998, to allow one ~11 year for design, permittin8 and
construction. Althoush the construction is expected to take much le~ than one year, the
agreement the way it is w~tten only provide~ five months from now which, if any
difficultie~ e'e encoumered would become an agreement problem.
FISCAL IMPACT: None.
GROWTtl MANAGEMENT IMPACT: None.
RECOMMENDATION TIIAT THE BOARD OF COUNTY COMMISSIONERS,
authorize a revision to the agreement between Collier County and the Cmlfcoast Skimmers
to correct a ~:tivener's error in the data ofthe agreement.
1997
EXECUTIVE SUMMARY
RECOMiH, ENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE AN INTER-LOCAL AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF EVERGLADES FOR MINOR PARK IMPROVEMENTS IN
EVERGLADES CITY IN RETURN FOR COUNTY USE ,, .
OBJEX: To provide minor improvements to park facilities owned by Everglades
City in return for County ~w,c, esa s~! use of these facilities for ~ummer camp ~xl other
Park-related activities.
CONSIDERATIONS: The ~tt~,hed Inter-Local Agreement between Evergi~d~ City
and Collier County would provide for the County to mzke minor improvements to the
park located within the City of' Everglades to include court resuffacin8 and some fence
and lightin8 repairs. In return the County would receive access to these park facilities in
order to be able to conduct summer camps, alter-school activities or other proig'zms.
The agreement has been r.-viewed and approved for legal sufficiency by the County
Attorney's Office and has been discussed with the staff of Everslades City but has not
been presented to the City Council.
GROWTH MANAGEMENT IMPACT: None, as these improvements are repairs to
existing facilities and do not provide any new or additional recreational amenity. As a
result, these improvemems are not impact fee eligible.
FISCAL IMPACT: The cost for this work is estimated to be $36,000. Funds for the
project are available from savings realized from the phase II Gulfcoast Little League
project. As this project was completed under budget, monies are available within the
project's 306 budget, which can be used for a refurbishment project such ss the one
proposed. By using these funds there would be no need to access reserve funds even
though this project was not originally budgeted, nor would the cost of the improwments
have any material effect on the County or the Parks Department's approved budget for FY'
96-97. Gulfeoast L£ttle League Project: Fund 306, Cost Center 156412,
Project 80069.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS,
approve the attached Inter-Local Agreement between Collier County and Everg~e~ City,
authorize the ~taff to forward this agreement to the Everglades City Council for execution,
and authorize a budget amendment fi'om the unspent 306 funds remaining fi'om the
C-ulfcoast Little League Pl~se II project to fund the improvements.
Prepared and
Recommended for approval by: ~'~"?~-~'~.~ ,~~
Thomas ~.~':)'~iff,-]~ se'~dces Administrator
IlAR u 1 97
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is cntcred into this ,. day of
, 1997, by and I:~ween EVERGLADES CITY, FLORIDA, hereinafter
oiled the "City", and the BOARD OF COUNTY COMMISSIONERS, COLLIER.
COUNTY, FLORIDA, h~n~inafler called the "County". The City and the County are
rcferrcd to collectively herein as the "parties".
WITNESSETtI:
WHEREAS, the parties are interested in providing at each of thc physical
facilities of the City addition'fl recreational and other community service programs for
residents of thc City and Collier County; and
WHEREAS, this Agreement is intended to result in more extensive utilization of
thc City's physical facilities to accommodate the contemplated activities, and
WHEREAS, in thc interests of providing the additional community services to
the public with the least exp~diture of public funds, full cooperation between the County
and the City is called for, and
WHEREAS, the parties have authority to enter into this Agreement with each
other and to do ali things nppropriate to aid and cooperate with each other in the
cultivation of good citizenship by providing additional programs of community services
and rocreational and social activities.
NOW THEREFORE, in consideration of the premises and the benefits each to
the other the patxies alpze as follows:
1. FACILITY IMI~ROVEMENTS. The County will provide r~'urfacing of the
City's basketball court, tennis courts, repair perimeter fencing and improve the lighting
within City's City Park. All improvements will be completed by the County using
County .funds. The City will obtain and/or provide all permits necessary to commence
any improvements. All City Park facilities before and following these improvements will
r~'nain in the ownership ofthe City.
Page l of 3
2. SCHEDULING EVENTS. The County shall be allowed access and use of the
City Park facilities for any summer camp or after school programs that it conducts in the
Everglades City area at no charge. In scheduling events or programs at thc City Park, the
City's events and programs shall have first priority for use. Schedules of dat.es,'times for
thc use of the City facilities will be worked out from time-to-time in advance by thc
parties. Those schedules will be arranged to avoid timduse conflicts.
3. The City shall be consulted in the planning and administering of any County
program to be conducted at the City Park.
4. The County will provide its own personnel as determined to be adequate by the
County, to superv/se the County's activities which will take place at the City Parle. All
personnel provided by the County shall be under the supervision ofthe County.
5. The County shall furnish and supply all expendable mater/als associated with
any event that it slxmsors at the City Park.
6. TERM. This Agreement shall become effective and shall remain in full effect
for five years commencing on the date of execution and terminating on Match 1, 2001.
At that time the County shall have no other rights related to the Park or this Agreement.
If this Agreement is terminated by City before the passage of five year~, the City shall
reimburse the County according to the following schedule:
Termination in the year:
1997 $30,000
1998 $25,000
1999 $20,000
2000 S15,000
2001 $10,000
7. NO ASSUMPTION OF LIABILITIES. Neither party shall assume the
liability of the other. The County shall maintain at all times during the duration of this
Agreement and in the event of a claim, insurance equal to the coverage that it normally
carries for other similar events or programs conducted at its own facilities. The City will
maintain insurance as det¢lmined to be adequate by the City.
Page 2 of 3
8. TERMINATION. This Agreement may be terminated by either party upon
action taken by either governing body communicated in writing to the other party.
9. RECORDING. This Agreement shall be recorded in the Official Records
of Collier County, Florida.
EVERGLADES CITY,
FLORIDA
BOARD OF COUNTY COMMISSIO~
COLLIER COUNTY, FLORIDA
By: By:.
Sammy Hamilton, Mayor
Timothy L. Hancock, Chairman
ATTEST:
ATTEST:
, City Clerk
Dwight E. Brock, Clerk of Courts
Approved as to form and
legal sufficiency:
Approved as to form and
legal sufficiency:
Cluistopher Lombardo
City Attorney
David C. Weigel
County Attorney
Page 3 of 3
u 4997
RECO~ENDATION FOR THE BOARD TO CONSIDER A SETTLemeNT AND RELEASE
REGARDING A COLLIER COUNT~ EMPLOt'EE.
OBJECTIVE: For the Board of County Commissioners to review and
consider approval of a settlement and release between Collier
County and one of its employees.
CONSIDERATI~{S: County employee Marsha Litsinger has been
employed by Collier County since October 12, 1987. Ms. Litsinger
now has an opportunity to work for the City of Naples. She
desires to continue part-time employment with the County through
October 12, 1997 in crder to attempt to vest with the Florida
Retirement System. In the past, differences have arisen between
Ms. Litsinger and other County staff which raise the possibility
that Ms. Litsinger might make allegations of liability against
the County following her separation. County staff unequivocably
denies any such potential allegations or liabil]ty. Regardless,
the present situation is viewed by Ms. Litsinger and Collier
County staff as an opportunity for an amicable separation between
Ms. Litsinger and the County.
Attached is a proposed draft Settlement Agreement and Release,
which provides that the County will allow Ms. Litsinger, pursuant
to her request, to work part-time with the County through October
12, 1997, in order to assist her in her attempt to vest with the
Florida Retirement System. Ms. Litsinger, on the other hand,
agrees to waive any and all alleged potential charges, claims,
lawsuits, actions and/or grievances that she may have against the
County. The County does not, by this Agreement, promise Ms.
Litsinger ~ha~: she shall be vested with the State of Florida,
since only the State of Florida can lawfully make that
determination.
It is important to note that this settlement and release, if
approved by the Board, is not any type of precedent in the area
of employment relations for the County. Rather, this is a
settlement and release which is unique to the specific facts of
this situation.
FISCAL IMPACT: If this settlement and release is. approved by the
Board, the County shall pay Ms. Litsinger at the rate of $20.9648
per -hour, minus payroll deduction, for four hours per week of
I MAR- 99'? I
good faith, diligent performance of the County's assigned duties
to Litsinger. Said payments shall end on October 12, 1997. If
the Board does not approve this settlement and release, there may
be potential civil liability exposure for the County if any
claims or lawsuits are filed against the County. Co~unty staff
denies any such allegations of liability and therefore
estimate what the alleged potential exposure ~u[ght be.
None.
REC0~IO~: That the Board of County Co~ssi~rs review
and approve the proposed settlement and release betw~e~ ~llier
County and Collier County employee Marsha Litsinger to all~ for
an amicable separation between the County and this e~loyee and
authorize the Chairman to execute a Settl~nt ;~ree~ent and
Release in substantially the same form as that attached hereto
upon final approval by the County Attorney.
Prepared by:
Ramiro Ma~alich
Michael W. Psttit
Office of County Attorney
David
County Attorney
Date
DRAFT
PREPARED IN ANTICIPATION OF LITIGATION AND REFLECTS A
MENTAL IMPRESSION, CONCLUSION, LITIGATION STRATEGY OR
LEGAL THEORY OF THE ATTORNEY OR AGENCY AND IS EXEMPT
FROM DISCLOSURE AS A PUBLIC RECORD PURSUANT TO
SECTION 119.07(!1), FLORIDA STATUTES.
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release
entered into this day of
(hereinafter referred to as "LITSINGER") and the
Commissioners (hereinafter referred to as "COUNTY").
(hereinafter rcfen'ed to as "Agreement") is
,1997, by and between MARSHA LITSINGER
Collier County Board of County
WHEREAS, LITSINGER has been employed by COUNTY as a staff member in Naples,
Collier County, Florida since October 12, 1987; and
WHEREAS, LITSINGER desires to immediately commence employment with the City
of Naples, Florida wh/ie at the same t/me working four (4) hours per week for COUNTY until
and through October 12, 1997; and
WHEREAS, the parti~ de,ire to fully and completely resolve and settle any and all
claims, known or unlmown, which the parties had, have or may have relating to the employment
or ~on of employment of LITSINGER by the COUNTY.
NOW, THEREFO~ in consideration of the promises and mutual covenants herein
contained, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows.~'
I. LITSINGER hereby voluntarily changes her employment status with COUNTY to
part-time effective March 3, 1997, and voluntary tenders her resignation from employment
DRAFT
effective October 12, 1997 and the COUNTY hereby accepts szfid part-time employment and said
resignation on said effective dates.
2. LITSINGER agrees not to Hie any grievances, lawsuits or any other claims that
she had, has, or may have relating to her employment or the cessation thereof with COUNTY
specifically including, but not limited to, any and/or all of the following types of claims, charges,
actions and/or lawsuits: age, race or sex discrimination or any other protected category claim,
including sexual harassment; worker's compensation; "whistle blower" claims pursuant to
applicable Florida or Federal Statutes; wrongful discharge; civil rights; any claims of alleged
deprivation of constitutional rights; unfair treatment claims; intentional infliction of emotion
distress; and defamation.
3. Other than as to the express rights and obligations set forth in this Agreement, and
in consideration of the provisions, promises, terms and conditions of this Agreement,
LITSIq~GER, on behalf of herself and any and all heirs, executors, administrators, legal
representatives, and assigns, hereby UNCONDITIONALLY, FULLY AND FINALLY
RELEASES AND FOREVER DISCHARGES County from any and all duties, claims, rights,
complaints, charges, damages, costs, expenses, attorneys' fees, debts, demands, actions,
obligations, grievances, liabilities, and causes of action, of any and every kind, nature, and
character whatsoever, whether known or unknown, whether arising out of contract, tort, statute,
settlement, equity or otherwise, whether for~een or unforeseen, whether past, present, or future,
whether fixed, liquidated, or contingent, which LITSINGER ever had, now has, or may in the
futur~claim to have had against COUNTY, based on any act or omission concerning any matter,
cause, or thing before the date of this Agreement and up to the time of execution of this
Agreement by all parties, including but not limited to, tho~e matters, causes or thi:
2 Id. - 1997
DRAFT
indirectly arising out ora claim or lawsuit as described above in Paragraph 2., or under any other
federal, state or local statute or act, ordinance, regulation, custom, rule or policy, or any cause of
action in contract or tort, including any intentional torts, or any instruments, agreements, or
documents entered into by, between, or among LITSINGER and COUNTY (all of the foregoing
is hereinafter referred to collectively as the "released claims").
4. LITSINGER hereby waives any and all rights she has, had or may have against
COUNTY for reinstatement to her former or equivalent job, or to any other position with
COUIWI'Y for any reason, or to any other costs or damages whether compensatory, puni'~ive or
otherwise.
5. Pursuant to 29 U.S.C. Section 626(0 LITSINGER and COUNTY hereby agree
that this Agreement is intended to be and is in fact a knowing and voluntary waiver of any
potential Age Discrimination in Employment Act (ADEA) claims and/or any potential EEOC
claims for all rights being waived under this Agreement. This waiver is recognized by both
parties to be provided by LITSINGER in exchange for consideration in addition to rights that she
may already be entitled to. Specifically, LITSINGER shall hereby b~ allowed by COUNTY to
work as a COUNTY employee on a regular schedule to benefit LITSINGER in her effort to vest
in the State of Florida Retirement System. COUNTY does not, by this Agreement, promise
LITSINGER that LITSINGER shall be so vested, since only the State of Florida can lawfully
make that determination. LITSINGER is hereby provided seven days following the execution of
this Agreement to r,zvoke her waiver of ADEA claims, as required by the ADEA.
"6. Upon reasonable notice and at reasonable times and places, LITSINGER hereby
agrees to meet with COUNTY's attorneys concerning any COUNTY personnel or employment
ma,.,ters about which she has knowledge as a result of her employment with
DRAFT
LITSINGER also hereby agrees to voluntarily and truthfully testify upon request of the
COUNTY in any employment or per,ariel litigation in any administrative or judicial forum, at
lea.st to the extent she has knowledge about the matters in dispute as a result of her employment
with COUNTY.
7. COUNTY agrees to pay LITSINGER at the rate of $20.9648 per hour, minus
payroll deductions, for four hours per week of good faith, diligent performance of the
COUNTY'S assigned duties to LFrSINGER. Said payments shall end on October 12, 1997.
COUNTY shall also pay said hourly rate for any additional hours of work requested by
COUNTY and agreed to be p~-n'formed by LITSINGER. This hourly pay rate shall be a full and
complete settlement, and shall represent all monies to which LITSINGER is, may be, or claims
to be entitled from COUNTY upon satisfaction of the requirements set forth in this Agreement.
8. Each party agrees to waive the right to seek payment of attorney fees or costs,
which have been or may be incurred in the allegations referenced herein, and both parties agree
to pay for their respective attorney's fees and costs.
9. LITSINGER represents and warrants to COUNTY that she is authorized to enter
into and that she has the authority to perform the terms of this Agr~'ment and that she has not
sold, assigned, transferred, conveyed, or otherwise disposed of all or any portion of the released
cla~ras.
10. This Agreement is the result of a compromise of disputed actual and/or potential
claims and it is understood that the execution and performance of this Agreement by COUNTY
does not constitute, nor shall it be construed as, a precedent of any kind or an admission that
COUNTY has violated any statute, rule., regulation or ordinance of the United States or the State
of Florida, or breached any duty owed to LITSINGER under Federal, State or local
4
DRAFT
or practice, with respect to LITSINGEK'S employment, or in any other matter, or that any of
LITSINGER's claims have any merit whatsocvcr. COUNTY explicitly denies any such
wrongdoing.
11. If any provision of; this Agrecment or the application thereof to any party or
circumstances shall be invalid or unenforceable to any extent, the remainder of this Agr~-ment
and the application of such provisions to any other party or circumstances shall not be affected
thereby and shall be enforced to the greatest extent permitted by law.
12. This Agr~.'ment shall be construed and governed in accordance with the laws of
the State of Florida. Any litigation regarding this Agreement shall be conducted in the Circuit
Court in and for Collier County, Florida.
13. The parties hereto agree that this Agreement con.,~tutes the entire agreement
between LITSINGER and the COUNTY and that there exists no other agreements, oral or
written, between them relating to any matters covered by this Ag;reagent or any other matter
whatsoever. This Agreement supersedes and replaces all prior agreements and understandings.
14. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to bc an original, but all of which together shall constitute one and the same
This Agreement is binding on each of the parties and their respective heirs,
successors and assigns.
16. Except as expressly provided for h~ the parties represent and warrant that in
executing this Agreement, they do not rely upon and have not relied upon any oral or written
representation, promise, warranty or understanding mad~ by any of the parties or their
representatives wiih regard to the subject matter, basis or effect of this Agreement.
5
17.
Agreement
A~eement.
The parties acknowledge that each parry has participated in the drafting of this
and each has had an equal opportunity to participate in the drafting of this
No ambiguity shall be construed against any party based upon a claim that the party
drafted the ambiguous language.
18. The parties acknowledge and assume the risk that facts, additional and different or
contrary to the facts which they believe to exist, may now exist or may be discovered after this
Agreement has been entered, and the pa~ies agree that any such additional, different or contrary
facts shall in no way limit, waive, affect or alter this Agreement.
19. This Agreement, consisting of seven (7) pages, is freely and voluntarily entered
into by the parties, and each has had the opr~ortunity to obtain the advice oftheir respective legal
counsel prior to sliming this Agreement. Each party acknowledges that they have read this
Agreement and has had the opporiunity to have this Agreement fully explained by counsel of
choice, and that they understand the words, terms, conditions and legal significance of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,
FLORIDA
BY:
TIMOTHY L. HANCOCK,
Chairman
(!
MARSHA LITSINGER
STATE OF FLORIDA
COLLIER COUNTY
Sworn to and subscribed
MARSHA LFrSINGER who
before me this . day of
is persoually known to me
as identification.
or who has
, 1997 by
produced
Notary Signature
Printed Name and Commission gtExp.
RAMIRO MAI~I~
Chief Assistant County Attorney
MARIE MATTOX
Attorney for Marsha Litsinger
7
ncc ^~E~^
LELY G0t.~ ESTATES BEAUTIFICATION (IS2)
Lel~ Golf Esme~ Beautification
Total 0
C~bI~ TV
opera, s F. xpeme
Total
Expenditur~ ave Io ammodat~ the reJo~atto~ ofotTi~es and the woeksmion fr~ the addition ora se~x, tnrial
,~it~ t. ~ om= ofF.,~t~ ,,,d~t,t~.t~ = ~ ~/0. c~/~., .....
AGENDA
NAR - ~
Pg.
EMERGENCY MANAGEMENT AND FII~E GRANi b(i 18)
BUDGET AMENDMENT 9'7-181
F..merteflc'v Management Adminis~atiofl
Capital Outlay (Bids. lmp~v./Hvy. Equip.)
'Foul
$14,000
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 4, 1997
FOR BOARD ACTION:
Certificate of Correction: NEED MOTION authorizing the
Chal=Jan to lign Certificate of Correction to the tax rolls
as presented by the Property Appraiser's Office. RECOMMEND
APPROVAL.
Miscellaneous Items to File For Record With Action AB
Heritage Oreens Cmmunity Develolmen~ -November 12,
Deoe~ber 9, December 16, December 23 and Deoe~ber 27,
1996.