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Agenda 01/21/1997 RCLERK TO BOARD/~IAUREEN 4TM FLOOR FP: 3 1ND' I COLLIER COU% BOARD OF COUNTY COMMISSIONerS AGENDA Tuesday, January 21, 1997 9:00 a.m. NOTICEs ALL PERSONS WISHINO TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPF. AKING. REQUESTS TO ADDRESS ~ BOARD ON SUBJECTS WHICll ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITINO WITll EXPLANATION TO ~ COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE IIF. ARD UNDER 'PUBLIC PETITIONS". ANY PERSON WI~O DECIDES TO APPEAL A DECISION OF TIlIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF ~ PROCEEDINGS IS MADE, WHIC~ RECORD INCLUDES THE TESTIMONY AND EVIDENCE D'PON WHICH Tu~ APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) HIh~JTES UN'LESS PERMISSION FOR ADDITIONAL TIME IS GRAb'TED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IHPAIRED ARE AVAILABLE IN ~ COUNTY COM)IISSIONERS' OFFICE LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.H. 1. 2. PLEDGE OF AL~£GIANCE 3. APPROVAL OF A~Eh~A k%9 cONSE~ AGEh~A A. Pro¢~a~.a%ions 9roclana:Ion ~rocialming January 19-26, 1997 as 4-~ Volunteer Apprecia:ion Week in Collier Coun:y. To be accep:ed by Barbara Sweinberg, Chair. B. Service Awards Jennifer J. Edwards - Human Resources - 10 years Ray Lemacks - Ochcpee Fire Con~rcl District 5 years C. Presentations 6. APPROVAL OF CbERK'~ A. ANALYSIS OF CHA~GES TO RESER'~S FOR CO~INGENCIES 1. General Fund 2. Cc-munlt}' 2evelc~en~ Fun~ 'il3) 7. PUBLIC 1 January 21,1997 Toni Arms=tong regarding the designation of · beach/park · re· for exercising dogs. (1) Staff review and recommendations relative to Ordinance 86-67, ·s amended, also known as the Pine Ridge Center West PUD which, ·ccording to the required PUD Status Report submitted by the property owner/agent, has not commenced construction as define din Section 2,?.3.4 of the Co22ier County Land Development Code, resulting in several possible courses of ·orion for the Board of County C~.~isstoners to consider. (2) Staff review and recommendations relative to Ordinance e7-9, aa ·mended, also known as the Pine Ridge Center PUD which, according to the reT~ired PL~ S:a:us Repot: submit:ed by the property o~ner/agent, has not commenced conscruc:ion as defined in Sec:ion 2.7.3.4 of :he Collier County Land Development Code, resulting in several possible courses of, action for the Board of County Commissioners to consider. (3) Staff review and recommendations relative to Ordinance 91-67, as amended, also kno~ as the Ncr:~rocke Plaza PL~ which, &cccrdinc to the re~ired PL~ Status Report submitted by t~e property owner/agent, has not commenced construction ·s defined :n Sec:ion 2.7.3.4 of :he Cc!lief County Land Development Code, resulting in several pc£sible courses cf ac:ion for the Board of County Cctmissioners to consider. S%aff review and reco~mendatlons relative to Ordinance 91-55, as amende~, also known as the Sa~iebrcok village PL~ which, accordin: to the required F~ Sos:us Report sub-it:ed by th$ ~rcperty owner/agent, has no~ commenced construction as def:ne~ in Section 2.7.~.4 of the Collier County Land Development Code, res~lting in several possible courses of ac~on for the Board of County Co~nissioners to consider. Staff review and recommendations relative to Ordinance ~2-23, as ar:ended, also known ss the Myrtle Wc:~s PL~ which, acccrd:ng to the required PUd Sos:us Re,or% suets:ced by the property o~er/agento has not commenced cons:ruction as defined in Set:ion 2.7.3.4 of the Collier County Land Development Co~e, resulting in several possikle courses of ac:ton for the Board of County Co~t~ssioners to consider. Reco~-enda:~cn that the Board cf County Com~iss::ners authorize staff to ap~ly for the perm:ts tc fill a lake area known as 'Ay·la" Lake and a~prcve the nece~sar)' budget amendment. ~'T', Staff review and recc-~er.!a::o.-.s rela:'~ve Crd:nance 91-91, as a-.ended, als: known as the Tra:l RV Park PL~ ~hLch, according :0 the required d~'-a~ ...... iF. SeT%ocr. 2 7.3.4 cf tr. 9 Cc[~:.ra Cc~n:v Land ce,tees of action for the ~:ard cf -c--:ss~cners tC ccn~der. January S~aff review and recommendations relative to Ordinance 90-84° as amended, also known as the Donovan Center PUD which, according to the required o~ner/agent, has not cocu~enced construction as defined in Section 2.7.3.4 of the Collier County Land Development Code. resulting in several possible courses of action for ~he Board of County Commissioners to consider. B. PUBLIC WORKS (1) Recommendation to approve a Resolution superseding Resolution No. 94-5~ providing for traffic control measures on U.S. 41, maintenance of multi-way stops on Va~derbil~ Drive, and maintenance of multi-way stops on platted local roads within Naples Park. ~2) Report of Transportation Department Direc~or'a den~al of request by Pelican Bay Market Place for re,oval of median con:rols on Vanderhilt Beach Road for the immediate installa:ion of a traffic signal on Vanderbiit Beach Road c. PUBLIC SERVICES Reco~,enda:icn that the Board of County Conmissioners c:ns:der a proposal for public use of the ~arco Island ~.:SA a~=at~c facil::y. D. ~U~P(~T SERV~C£S Ccns:der a~Frcval cf an agreenen: between Cci!:er Ccunty and :he Challenge Foundation, Inc., for the fund:ag of fun~s and a~rc'.-al cf an agreeten: between the Grea:er C o - C$-~.erce Inc Collier Ccun:y for Naples h'-h.r cf , .. and fundlng cf fu!f~ll~,en: with tourist develops, eh: :ax funds. {Ccntlnue~ frcv 1/14/97) 10. ~OAP~ OF COLr~¥ CO.-~CMI$SIO~RS A. A~p~int~en~ cf me~ber to the Kencurlsh~ent Advisory Committee. C:ty/Ccun:y Beach B. Creation of c::;zens screening cc~.n:ttee for the County Manager 11. OTH£K CQ~TI~'TiONAL OFFiC£RS PUBLIC E£ARiN~S WiLL ~£ E£~D i.F~.£DIATELY FOLLOWING STAFF ITEMS c. oT~R A. ADV~RTI$£D PUBLIC (1} Pe:itio~ CJ-9S-15. re¢;ues: for a 2nd ex~enslon of conditional use of property described as Naples Firs: Alliance Church at 2504 Es:ey Avenue being a pot:ich of ~: 25 and 26, Naples Grove ra~. ~. 2 according to plat in Pla% Book Public Records of Collier County, Florida. 14. SO~ OF co~ CO~ISSIO~=RS' CO~I~TION~ 15. STar'S CO~'ICATIO~$ 16. CONS TN'T AGL~'DA Ail =at:ere lffted under this ~t~ ere considered to be routine dimcume~on cf each item. If discussio~ ia desired by · .e--bet of the Board. that fret(e) wil2 be removed fro= the Consent Age,da (i) Water and sewer .a...lt~es a¢:e~tance for QueLl We~t, Cezter at Cc~mtrys:de. A~ree-e=: ¢4) Re::r-er.~a:;:~ :ha: the ~:ard cf Ccun:y C:~-:ss:oners re~ec: ':d =~{-2~34 an~ authcr:ze ·tall tc re-k~d the Cia~. ~ay ~x:t:cs Rer:'.'al B. PLr~L;¢ WO~K$ (1) T¢ ob:aim a~raval to reimburse the Sewer In, act Fee chargefl :c 44~! L:rralne Avemue. (2) Request ~:ard A~roval For A~d:ticnal Increase in the A~.:i:~: of $2,C~0 for the "Oakes Dra;na~e Prc3ect' Wcrk Order *WA-SS with Wilklscn Associates. (3~ ~etlti¢n AV 96-029 to va:ate a 1!-foot U::i:ty Eaie-ez: lO:died on a par:el cf lanfl lying in Sect:cz ~, To~'~sh:p 50 South. Ra~e i6 East. as ~r.¢~us:ve. of the ~ilc R.::r~. of C¢li~er Fi:rida. l:ste~ :n conformance w:tk ~:ar~ A~t~cn cn ~,/(/S( a~ ~:-:t :ed_:t;:=s t: twe=~*.*-~:.**e ~;~es per rFh' . Rcaf.'ays affe:te~ Na;:es Fark illth Ave N:rth an~ %'az!er:ill ~ea:.h ~:s~ '--' all rca~.a':.s to the west ~f V~er::It (5) Recommendation to accept Ln £asement for ina:alia:ion of water meter. (6} Recommendation to award Bid 196-260~ for $~lnkle~ Parts and Related Items. (7) Reimburse men, ers of the Marco Island Beach Renourishment Advisory Commit:ce for expenses to be incurred in performance of their duties. (8) Approve budget amendnenta recognizing carry forward amounts from FY 1996 Wa:er and Wastewater CapS:al Projects in Funds 411, 412, 413 and 414. c. (1) This item deleted. (2) This item is deleted. (3) Recommendation that the Board of Collier County Commissioners amend the agreed, est dated June 1, 1994, between the Collier County Veterans Council, Inc., and the Collier County Board of County Commissioners tc provide transportation needs of Collier County Veterans and their dependen:s beyond February , (4) Recommendation to acce~t rent revenues from Collier County Mousing Authority tc be used to pay overtime salaries. D. SUPPORT SERVIC£~ Request Board a~prova! for u:illza:~cn cf monies in Fun~ 1~ for specific cpera:~:nal costs of the FJ~z Radio Syste~. (2} Recommendation that the E&ar~ cf Commissioners (3) Recommendation tO approve a ~u~et a~en~ment reco~nizin~ car~ fo~'ard :n Flee: Mana:e~en: Fund {521). {1) Recommendation that the B~ard of Count), Com~:ssloners Res:ora:ion Fun~ G, MISCELL~OU~ (1) Certificate cf Correction: NEE~ M~T:GN ~ax rolls as pres%hied by the Pr:peTty Appraiser's Office. KECOMME:~ AP~KO%'AL (2) ~ILE FC~ RECORD WiTM ACTiO:: AS M. OTHrR CONSTI~IONAL OFFIC[RC I. CC~Y ATT0m~ (I) To ok~a:n Board of Ccun:y Cc--;ss~oners a~rcval Se~t:czs ~E,131 and 137.04, Florida Statutes. Reco~endation that the Board for~ard Notice to Proceed to the Tax Ccllector for Tax Deed Applications on the 1994 County Tax Certificates. AGENDA CHANGES ~OARD OF COUNTY COMMISSIONERS' METING JANUARY 21, 1997 ADD= ITEM 5(A) - PROCLAMATION RECOGNIZING THE VOLUNTEERS DEDICATED TO A CURE FOR CANCER. ADD: ITEM 8(A)(9) - WATER AND SEWER FACILITIES ACCEPTANCE FOR WILSHIRE LAKES, PHASE TWO. (STAFF'S REQUEST). ADD: ITEM 10(C) -REQUEST BY THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT TO WAIVE SPECIAL EVENT FEES FOR A CIRCUS (CINCO DE MAYO) TO BE HELD JANUARY 24 & 25 1997 (COMMISSIONER NORRIS). ' ' CONTINUE TO 2/4 MEETINQ - ITEM 8 (B} (2) - REPORT OF TRANSPORTATION DEPARTMENT DIRECTOR'S DENIAL OF REQUEST BY PELICAN BAY MARKET PLACE FOR REMOVAL OF MEDIAN CONTROLS ON VANDERBILT BEACH ROAD FOR THE IMMEDIATE INSTALLATION OF A TRAFFIC SIGNAL ON VANDERBILT BEACH ROAD. (STAFF'S REQUEST). BCC COMMUNICATIONS: CONSIDERATION CONCERNING REQUEST BY COUNCIL OF ECONOMIC ADVISORS FOR A WORKSHOP TO BE HELD AT THE CONCLUSION OF THE 1/28/97 BCC MEETING. (COMMISSIONER HANCOCK). F/I'IER. EAS, 4-H Volunteers are an integral part of Collier County Government; and 4-H volunteerism results in the participation of over 2, 000 youth of our community in enjoyable and productive activities; and Collier County 4-H offers marry opportunities for citizens who wish to volunteer in a variety of different service areas; and WHEREAS, last year 4-H Volunteers contributed in excess of $,500 hours of service or the equivalent of 3 full-time employees; and WHEREAS, last year 4-H Volunteers contributed over $66,000 in services to Collier County Government, resulting in project achievement for more than 2, O00 youth, and providing local, area, state, and national opportunities and recognition, for Collier County youth; and WHEREAS, the 4-ti Foundation contributes $20,000 each year in privcrte'sector funds for scholarships and special mat~rialt; and DONE AND OR. D E~gJ9 THJS 215t Day Of Jtmuar~,. IOO7 ~;~;::: '". '- '~ x'~5. ~. , . ~' ":~' 8 '/ , ~ :' . .~.~5~ .':~,~ '%:, ". ~' ..... ' %~. ~': .............. ~ ~3~ ?'.': 7 .c would be greatly reduced " ' ' ..... " NOW THEREFORE, be # proclat?ned by the B.oard of County Comtniszioners of Collier County, Florida. that e?xtreme grati.~, d~ ar~daifm~.fatio,n la extended to all the 4-H Volunteers who give of their tirr~ and'erjer~ieg~ .Collier County GOvernment. We. the BoardofOollt~.,r. . OO~.~..~ '{Com~ do affirm our commitment to youth devdopment"and ?Mu~ our partner~ip with the Collier Coumy 4-H Coordinating Com'mltt~,'~tXt'.~q'b~fndatiOn, 4-I'~l, eader A,troctation. and the. University of ~"'f~qSringing.these ~N~:ial opporturdties to aur ahildren, and therefore proclaim:January 19-26 as :{)4,~ Volunteer AP~rtCiaffOn in Collier·~ ., ATTEST: DWIGHT E. BROCK. CLERK JAN l Zt 1997 Pg. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Janua~ 21,1997 CLERK'S REPORT 6A. Analysis of Changes to Reserves for Contingencies General Fund (001) for FY 96/97 Community Development Fund (113) for 96/97 Facilities Construction Fund (301) for FY 96/97 JAN 2 1 1996 ANALYSIS OF CHANGES TO GENERAL FUND (001) RESERVE FOR CONTINGENCIES Fo~ the meehng date of January 21.19~7 FY 1996-97 RESERVE FOR CONTINGENCIES Orig,naI Budget 10/01/96 Current Balance 1110/cJ7 (Reductions) or increases as ex~larne.-J below Date 11.27-96 12.11.96 12-31-96 EXPLANATION OF REOUCTIONS Explanation 48 To re~a,~ the I:~t'toms of the activity and plunge pool To pa), Ut,hty ex~ense$ for Immokalee Child Care Center To re;g r ~e Centrg~ Lfbrary Ch~lter revenue fete,veal fro roadway swee~,ng and m~,n~ $ 4,675.900 4 6,13 422 (R~uctton)l I~¢rease (16.50000) (~ t ,000.00) (14.47500) Arnenaments amountsng tO less than $'.0 000 each (r';o 29. 17.66. ~9. 51 $ (3~ .803) Total Reductions ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113) RESERVE FOR CONTINGENCIES For the meeting of January 21. 1997 FY 1996-97 RESERVE FOR CONTINGENCIES: Original Budget 10/01,'96 Current Balance 1/10/97 (Reducbons} or ~ncreases as ex~a~ned below $ B.A. Date Request EXPLANATION OF REDUCTIONS Explanation 277,400 277,400 (Reduction)/ Increase Tot,~l Reductions I~0.~ .! ,.~ JAN 2 1 1996 ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUI~;D (301) RESERVE FOR CONTINGENCIES For lhe meel~ng date of January 21, 1997 FY 1996-97 RESERVE FOR CONTINGENCIES . Ong~nal Budget 10/01/96 Current Balance 1110/97 (Reductions) or increases as e~pla~ned below B.A. Date Request 11.13-96 EXPLANATION OF REDUCTIONS Explanation Amendments amounbng to less than $10.000 each (No ' 25) 294.400 00 292,199 00 (2.201 ) (Reduction)/ Increas. (2,201) Total reclucbons JAN 2 COLLIER COUNTY MANAGER'S OFFICE December 10, 1996 Toni Armstrong 481 Tarpon Court Marco Island, Florida 34145 3301 E. TAMIAMI TR. NAPLES, FL 34112 (941) 774-8383 FAX (941) 7744010 CERTIFIED BLUE CHIP COMMUNI'I'~ Re: Request for Public Petition Area for Exercising Dogs Designation Of A Beach/Park Dear Ms. Armstrong: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 21, 1996 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda fow 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 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. 5' ' t r~ 1 ~"'.y_-~o~ ~. Nei~._Dorrill ,/ C~ty Manager //' WND/S~~ CC: County Attorney Public Services Administrator 7/_4,) JA;, , ~481 Tarpon Court Marco Island, FL 3~1z~5 November 27, 1996 W. Nell Dorrill, County Manager Collier County 3301 East Tamiami Trail Naples, FI 3~112~902 COUNTY MA'~;t % ~ ."TL-'. 7--~ ~,,rTE;.DE_CAO 2 1996 ,. Re: Designation of an area along a beach in the unincorporated area of Collier County for the purpose of exercising dogs; and designation of one or more Collier County Parks, or [portion(s) of said parks, as permissible sites for the exercising and socialization of dogs. Dear Mr. Dorrill, I have attempted to work with the Parks and Recreation Department and Board and feel I have exhausted this avenue of address. Therefore, I am requesting a time to bring the above matter to the 8oard of County Commissioners' attention for further consideration and action. Please let me know the date and time that I may do this. I have read the Collier County Code Petition Process Policy and cannot find a reference regarding the above matter that would require a petition for being on the ballot. Please advise. Thank .VO LI. Sincerelyz_~ Toni Armstrong November 27, 1996 To: The Parks and Recreation Board From: Toni Armstrong 481 Tarpon Court Marco Island, FL 34145 Re: Designating an area of Beach and Park to walk dog On August 28, 1996, I presented the above proposal. At that time I was assured that the Board and Steve Bfinkman would investigate other areas and counties for their handling of the subject and the information would be shared at the next board meeting at wh/ch time a decision would be made. On September 12, 1996, I called the Parks and Recreation Department and spoke with Jacque Hart. I requested the minutes-or at least a copy of the tape fi.om my portion of the meeting--in order to recall exactly what was said and by whom. I have received nothing. On September 30, 1996, after I returned fi.om my son's wedding, I again called Jacque Hart and requested the minutes fi'om the August and September meetings. I never got them. I also asked to skip the October meeting and be put on the agenda for the November meeting in order to share the inforrnat/on gathered fi.om the survey along with that gathered by the department. On November 26, 1996, I called the Parks and Recreation Department to fred that: a. neither "dogs" nor I were on the agenda b. the new director, Skip Camp, did not want me at the meeting but that I could "fax" my request to his office c. no one at Parks and Recreation had looked any further into this mattermand that the minutes ofthe August 28th meeting had been revised to read that it had been designated as my responsibility to contact other Florida counties and cities to get their regulations. It is apparent that I am being "~tonewalled" by the Parks and Recreation Department and Advisory Board. I began this effort on January 3, 1996 through what I thought were the proper channels. Obviously, I was wrong. To date, I have collected more than 300 Collier County voters' signatures in support of the attached survey. When I have a significant number I will go to the County Commissioners, the press, and the public. Sincerely, Toni Armstrong cc: Gary Franco John C. Norris W. Neil Dorfill ~MMARY STAFF REVIEW AND RECOMMENDATIONS RELA fIVE TO ORDINANCE $$-$7, AS AMENDED, ALSO KNOWN AS TFIE PINE RIDGE CENTER WEST PUD, WFIICH, ACCORDING TO TI~E REQUIRED PUD STATUS REPORT SUBMITTED BY TI~E PROPERTY OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTIN'G IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER. OBJE~rlVE: Staff is requesting that the Board review staffs findings and recommendations regarding the above referenced P UT). CONSIDERATIONS: This PUD was originally approved on November 8, 1988. Sectior, 2.7.3.4 of the Collier Count-,- Land Development Code requires that the project developer submit an annual report on the prog~'ess of development, commencing on the fifth anniversary of the PUD approval by the Board of Counb' Commissioners. The singular purpose of this report is to evaluate whether or not the project has eomngnced in earnest in accordance vdth the criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the effective date of adoption of the Land Development Code, the five year approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set fonl~ in Section 2.7.3.4. are applicable as of October 30, 1996. Thc above referenced PUD has been identified as a project which was approved prior to October 30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized thc required PUD status (monitoring) report, supplemented by field observation and review of in house records to vcrifi; the current status of the PUD and as the basis of a recommendation to thc Board consistent g~th the options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows: 2.7.3.4. Time limits for approved PUD master plans. In the event that a PUD master plan is given approval, and the landowner(s) shall: Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required b), the approved PUD master plan or other development orders for at least 15percent of the gross land area of the PUD site every five years of the date of approval by the Board of CounO, Commissioners; and Fall to receive final local development orders for at least 15 percent of the total number of approved tfivelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years of the date of approval b). the Boast of CounO' Commissioners. -1- JAN 2 1 1997 P~"-- / The project developer shall submit to the Planning Services Director a ttatus report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board of Count), Commissioners. The slngular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. ShouM the Planning Services Director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification. Should the Planning Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental information that ma), be provided, the Board of County Commissioners shall elect one of the follawlng: To extend the current PUD approval for a maxlmum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unimproved portlons of the original PUD shah be consistent with the Growth Management Plan. l'he existing PUD shah remain in effect until subsequent action by the board of the submitted amendment of the PUD. lf the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board ma)' initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth 3tan agement Plan· In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limit.; contained within the application for development approval and approved as part of a development order in conformance with F.S. ~ 380. 06. Synopsis of Approved Land Uses and Development Strategies - This PUD contains 8.87 acres of land more or less and is located within the 1-75/Pine Ridge Road Interchange Activin, Center which is further located on the south side of Pine Ridge Road west of 1-75 and Pine Pddge Center PUD. The uses of land authorized by the PUD are as follows: A) I. Automobile and truck fuel dispensing facilities 2. Business and professional offices 3. Motels and hotels 4. Restaurants (including drive-in and fas~ food restaurants) The PUD further regulates the intensity of transient lodging units to a maximum of 176 units. [" NO, ~ JAN 2 1 1997 N 1STEN YWT E M RE I'vE R W HMANA EMENT LAN: The subject PUD is designated Urban-Mixed Use/Interchange-Activit). Center on the Future Land Use Element of thc GMP, and is further located in the southwest intersection of' the l-7$/Pine R/dge Road Interchange Activit), Center. Based on staff review of the approved land uses, the PUD has been determined to be consistent with the FLUE to the Collier Count), Gro~h Management Plan. Relative to other applicable consistency relationships the fo{lowing ma), be advised: ffl ir I i - The PUD is consistent with relevant policies of the TCE, however relative to the Access Management Plan the PUD Master Plan the text should be amended to establish a service drive parallel to Pine Ridge Road to access property to the ea~. The plan should also make provisions to provide 35 feet of right-of-way along the south side of Pine Ridge Road and ILnait access to the site to a right-in/right- out oMy. I W t r i , 'r I m n - The PUD Master Plan provides for an on-site se,,~age treatJnent plant. Currently, sanita~, sewer and water is available. The PUD should clarify that connection is necessaD' to the CounD,'s sewer and water system while the Master Plan should be amenc{ed to provide some other use of the utiliD' site. In all other respects applicable clements of the GMP arc consistent with clement goals, ob)cctivcs and policies. ON ISTENCY WITH THE LLIER NTYLANDDEVEL PMENT DE: The PUD has been distributed to the appropriate .iurisdiction review entities specificall.v for review of' the PUD for consistency ~'ith current land development regulations. Based on that review., the £ol]owing consistency relationships have been identified: Transportation: (Traffic impacts, access management, etc.) - PUD stipulations do not clearl.v address the potential need for additional right-of-way when Pine Ridge Road is widened to six lanes. The Access Management Plan strongly encourages shared access with property to the east and limits the project to a single point of access from Pine Ridge Road. The petitioner shall be responsible for installation of arterial level street lighting at the project entrance. Landscape: (Buffers/Green Space) - No inconsistencies reported. The PUD stipulates that landscaping shall be prosAded m accordance with current LDC regulations at the time of application for construction permits. En~'ironmental: (Protected species, green/open space) - No inconsistencies were reported, ho,a~ver staff advises that in the event of an amendment references to environmental regulations should be changed to current references. The current PUD advises that the then free standing ordinances applied. These have now been consolidated into the LDC, however the5' still apply to this PUD. Engineering/Site Development: (Sewer/water, drainage issues) - No inconsistencies were reported however, staff advises that in the event of an amendment certain development commitments should be changed to reflect current code references. -3- AGE/"ID NO. ~ ,:lAN 2 1997 PUD Development Stand, ds: - Setback requirements from Pine Ridge Road is twenty-five feet ~ is consistent with historical prance For Activit), Cenu:r PUD's. Other sctb~k requirements ~re de~t with in an unusu~ rn~n~¢r end depend upon the typ~ or dcvclopmen! that occurs internally, externally, ~ whether the roadways are public or private. Building heights are authorized at a maximum of fi~' (50) feet. This is consistent with maximum building heights approved for the surrounding commercial PUD's. Staff' is of thc opinion that there is sufficient justification to require the owner to submit an arr~mded PUD. The PUD should he amended to reflect development and Master Plan cornmitments that are consistent with the Coun~"s Access Management Plan and in particular provisions for shared access to thc arterial road system. The requirement for an amendment will give staff an opportunity to review right-of-way requirements for six farting of Pine Ridge Road and access to the site. Amended provisions should also deal with landscape buffer requirements that are consistent with current requirements. Environmental stipulations should he revised to achieve current requirements while the utilities plan should be amended to require connection to thc Count)"s water and stayer s)~'rn. This will allow the PUD Master Plan to be revised by providing some other use for the utility site. Finally, inasmuch as the PUD is to be amended, references and PUD format should be made consistent with current practic~. The revised PUD should also contain language that requires submission of a unified architectural plan. Given the extent of changes this amendment should be in the form ora rezoning from PUD to PUD in which the current document is repealed. FISCAL IMPACT: A t~vo >'ear extension of this PUD Ordinance will have no fiscal impact on Collier Count)'. STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, staff recommends that the Board of Count)' Commissioners direct the property.' owner/entity of Pine Ridge Center West PUD to submit an amended PUD within the time frame allowed by LDC requirement. PREPARED BY: BRYA ilLK~''-~ ~PLANNER -4- J/ N 2 1 1997 REVIEWED BY: RO~ICP CURRENT I~LANNING MANAGER DATE DONALD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION Ordinance 88-87 Ex. Suture/pal MEMORANDUM To: David C. Weigel ... ty Attorney From: Marjorie M. Student Assistant County Attorney Date: November 18, 1996 Re: PUD Sunsetting Concerns I have several legal concerns regarding the sunset'ting of PUDs should that involve adjusting density or land use. They are categorized in this memo. Additionally this is a response to Attorney Richard Grosso's legal opinion to the Florida Wildlife Federation dated October 21, 1996. First of all, I disa~ee with Mr. Grosso concerning the grandfathefing language of the Property Rights Act. He is correct in stating that subsection 2.7.3.4. of the Land Development Code (LDC) dealing with PUD sunsetting is not subject to the new law. However, he ignores the fact that any PUD amendments necessary 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 that 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 change to a PUD must be accomplished by ordinance. Moreover, Subsection 2.7.3.4 requites that should the property owner not make the necessary PUD amendments required by the sunset'ting process then the BCC has the authority to rezone the PUD to an appropriate district. This too, would have to be accomplished 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 yet had the opportunity to construe any of the key terms in the Act. Subsection 70.001(2) provides that [w]hen a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real properb', the property, 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 are "existing use", "vested right" and 'inordinate burden." N~. ~ JAN g 1 1997 1996 The Act defines an existing use as: 1) an actual, present use or activity on the real propert'y; 2) periods of inactivity, normally associated with or incidental to the nature or type of use that takes place on the property; 3) such reasohably 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 70.001(3)(a), Florida Statutes, The Act defines an inordinate burden as an 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 owner is lef~ with existing or vested uses that are unreasonable such that the property owner 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 ?0.001(3)(e), Flor'ida Statutes. There is no "bright line" test to determine what a vested right is. These types of cases in Florida have been de:ermined on a case by case basis. Since our Zoning Reevaluation Pro.am · ,,,'as set up to deal ,.vi:h this issue, an argument could be made that any properly, that passed through that process and received an exemption pursuant to Subsection 106.40 of Article II, "Zoning Reevaluation", Chapter 106, "Planning" of 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 claim vested status. Moreover, the Act defines "existing uses" broadly including those that are reasonably foreseeable, nor. speculative, compatible and have created additional fair market value on the properc}' over and above 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 ofincreasing fair market value as in the case of a rezone from Estates to PUD or Agriculture to PUD - depending of course, on the land uses permined by the particular PUD. It is impossible to draw a "bright line" here either as each PUD must be evaluated on its own merit. The opinion of a property appraiser should be obtained as to the effect of the PUD zoning on any given parcel of land as well as any future downzoning 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 the PUD parcel ld 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 thereon since as a result, the reasonable, investment backed ex )ectations of the propert5' owner are not capable of being attained. Of course, this is a question f fact~N~] JAN 2 1 1997 ~ov~nb~r 18, 1996 C. PUD Sunsct~ing Coacems ?a~O cannot be uniformly applied lo every PUD subject to the sunsetting. The term 'reasonable, investment backed expectations" is not precise. In fact a recent article in the ~ ~ staled that the concept of investment-backed expectations remains an ambiguous term that is difficult to apply. See "The Wisconsin Supreme Court Responds to Lucas", 48 ~ _Use La,.'.' & Zoning DigesI. No. 9 at page 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 any land use or density change can be accomplished. Moreover, it is recommended that the County work with the PUD property owner to achieve a mutually beneficial result. Besides triggering the Bert J. Harris, Ir. Private Property Ri!~ts larotection Act, if vested rights are interfered with by a local government there is an equitable remedy in circuit court - that being a determination of vested status and a resulting court order permitting the vested project to occur as originally approved. The common law elements of vested fights or equitable estoppel in Florida are as follows: an act or omission of a 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 fights he acquired. _Smith v, City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980) These matters are determined on a case by case basis. There is no "bright line" test. Therefore, any downzoning that ma.',' result from sunset'ting of any laUDs should not interfere with a vested fight. Once again, any property owner that was ~anted an exemption or determination of vested fights through the County's Zoning P, eevaluation 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 GMP may be able to achieve vested status by the donation of fight-of-way, creation of easements for public purposes or other related expenditures in favor of the public and also related to the proposed development. m. Nature of PUD Zoning In p._omoise Point Parmership v. St. lob. ns County., 532 So.2fl 72'/(Fla. 5~ DCA 1989), the Court opined that the nature of PUD zoning require$ cooperation between the property owner and the zoning authority in creating the overall plan. Id. at page 725. The Court held that a planned special development by its very nature must be sought by the property owner and cannot be imposed over an owner's objection and thus invalidated a PUD rezone imposed solely by the County.. Id. at page ?29. Collier Count~s PUD requirements are quite similar to the planned special development requirements of St. John's County at issue in P__orp. oise Point. 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, a PUD amendment cannot be imposed upon the property without the owner's consent. There is no case law dealing with PUD amendments on this point. It is the opinion offl e writer that in AGEND&IZEM. JAN 2 1 1997 P~. No,emi, er 18, 1996 DavM C. W¢ig¢l PUD Stmserti~g Conccr~ Page 4 such a c~e, a coua would bal~ce the police power ~ter~ts of the local gove~t against the private interests of the prope~ o~er ~ deleing whe~ or not ~e P~ ~ent is valid. Additionally, I am concerned that if densities are reduced too greatly the County may nm afoul of the need to provide affordable housing pursuant to Subsection 163.3177(6)(f) of the Growth Management Act. Additionally, there may be exclusionary zoning problems such as was the case in ' ' , 67 N. J. 151,336 A.2d 713 (1975) where there were low density residential land use standards imposed uniformly throughout the Township. I hope ti'ds memo answers your concerns relating to PUD sunsetting. Should you have any further questions or comments, please advise. 'JAN 2 1 1997 1 2 4 6 7 8 10 11 12 13 14 15 17 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 34 RESOLUTION 97- A RESOLUTION BY THE BOARD OF COUNTY COHHISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUnTrY LAND DEVELOPHENT CODE AFFECTING ORDINANCE 88-87 ALSO KNOWN AS THE PINE RIDGE CE~TER WEST PUD, P~UIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Pine Ridge Center West PUD, Ordinance 18-87, adopted on November 8, 1988, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans; and WHEREAS, the Board of County Commissioners has reviewed =he PUD and has determined that the current PUD Zoning Is inconsistent with certain provisions of the Growth Management Plan and the Land Development Code; and NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Sec=ion 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the proper~y owner or agent shall submit an amended PUD to the Planning Services Director prior to June 5, 1997. This Resolution shall become effective im~ediately upon its approval. BE IT FURTHER RESOLVED that ~his Resolution be recorded in the minutes of =his Board and in the records of the Petition for which the extension is granted. PAGE I JAN 2 1 1997 P~. /D 7 10 11 12 13 14 15 16 17 18 19 20 21 23 Com~issioner offered the foregoing Resolution and moved, for Lts &doption, seconded by Commissioner , and upon roi! call, the vote vas: AYES: NAYS: ABSENT A~D NOT VOTING= ABSTENTION: Done this day of ~, 1997. BOARD OF COUNTY COHHISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: CHAIRMAN APPROVED AS TO FORM A~D LEGAL SUFFICIENCY: 26 . 27 ASSISTANT COUNTY ATTORNEY 28 29 PINE RIDGE CENTER WEST PUD/18865 30 31 32 33 34 PAGE 2 'JAN 2 1 1997 Plo ...../_/__ UI{£R£AS, Dr. Neno J. Spagna, zepresentt~g Classi~icactou of C~e herein ~escr~ed NO%', TH~P~TOP~ ~Z 2T O~AX~ b7 the Board of C~ncy C~issioners of Collie~ County, Flor/da: S~CTIO~ ONE: ~e Zoning C~ass~tcac~ou O~ t~e he~e~n descr~be~ reai p~operCy . located ~ Section 18, T~s%~p accordance ~Ch the ?~ doc~euC v~c~ ts incorpo~aced herein and by re~e~ence nde parc heTeo~. ~e ~ -~-ts~eb7 a=ended ~ccor~g~y. :~ '~!s Ordluance sh~l bec~e eflecCtve ~on receipt o[ ~ttce '~troa ~e SecreCa~ the Secretary of D^Tr: ~ 8, 1988 BOA3LD OT CO~'~ COI~T$$Z01~:, COL/.IF.X CO'C~"I~, ir'LOB/DA BUP, T L. SAU~£P.S, REZONE PET~TTON FROM A-2 RURAL AGRICULTURE TO PUD {pLANNED uNIT DEVELO?ME~T] ... plt:ERIDGE CENTER WEST ANTHONY r. JANCIGAR 661 WINDSURF LANE A-103 NAPLES, FLORIDA 33963 pLAnNiNG CONSULTANT NENO ~. SPAGNA, A~CP,' PRES. FLORIDA UR.BAN INSTITUTE, INC. NAPLES, FLORIDA 33964 ENGINEERS ~OLE, MONTES AND ASSOCXATES 715 10TH STREET SOUTH MAPLES, FLORIDA 33940 DATE ISSUED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 88-87 MAY 1988 -- REVISED OCTODER 1988 . , *. .. .;. ..... .* :.:'*:. ~-. .... ' .T. XHT.~IT ~X",.-~.,:.; · :,'. ~. _,~,,.. ,*~.- ..,. ,... ~* · -*: %:* -'.:. ~:':.: *,":. ~ J.*: .£;.u,e_:L 'F,£*.~,i.,~,::~'.,~:-w-,-,ec.~',.~,~%~:~.~:*:* ,,*.~ .~." '**'* :.;..l~,.:' *." '~*.'-:~'L: ' "': '* · '.*..' ,- ..:;* :'*' ........ ' "-'<' ' ~'~";~. ?G?-'~J.;,,.{**~z.~' :'*.~'~:.: * :** ~ * "~ ': * ' TABLE OF CONT£1~TS SUBJECT PAGr - TABLE OF COtiTI::NTS ...................... .::...-. ................... SECTION 1 ....................................................... 1. 1 PURPOSE .................................................... 1.2 LEGAL DESCRIPTION .......................................... -1- 1.3 PROPERTY OWNERSHIP ......................................... -2- 1. 4 GENEP,~L DESCRIPTION OF PROP£RT¥ ............................ -2- 1.5 CURRENT ZON I rig ............................................. -2- 1.6 COMPREHENSIVE PLAN ......................................... -2- i. ? PHYSICAL DESCRIPTION ....................................... -2- SECTIOI; 2. (PROJECT DL'9'ELOPMENT] ................................ -3- 2. 1 PURPOSE ................................................... 2. 2 GENERAL ................................................... -3- 2.3 MASTER PLAN AND LAND USE .................................. -3- 2.4 PH/-~ES OF DEVELOPMENT ..................................... 2.5 SITE PLaN PROCESS ......................................... -3- 2.6 SITE PLAN APPROVAL PROCESS ................................ -4- 2.7. MAINTENANCE OF COMHON APl:AS ............................... -4- 2.8 . POLLING PLACES ............................................ -4- 2.9 FIRE HYDRANTS .......................... ~ .................. -4- 2. 10 ISSUA[ICE OF FINAL CERTIFICATE Or OCCUPANCY ................ -4- 2.11 MAXlHUH NIJHSER OF TRANSIENT LODGING UNITS ................. SECTION 3 LAND USE REGULATIONS FOR SUBJECT PROPERTY ........... -~- 3. I PURPOSE ................................................... 3.2 PERMITTED PRINCIPAL USES AND STRUCTURES ................... -6- 3.3 PERMITTED ACCESSORY USES A~D STRUCTURES ............ : ...... 3.4 PER,fiTTED PROVISIONAL USES AND STRUCTURES ................. _~_ 3.'5 PROHIBITED USES AND STRUCTURES ............................ _~. 3.6 DEVELOP~iENT STANDARDS ..................................... SECTION 4 GENERAL DEVr-~-OPMENT RE~UIP, F24ENTS .................... _~_ 4.1 PURPOSE ................. : L ................................ 4.2 PUO MASTER PLAN ..... _~. 4 3 ACCESS TO PROPERTY. ' ..................................... PRiVaTE ROADS ........................ 4.6 .ELECTRIClT¥~ TELEPHONE~ CABLEVISION ....................... _~_ SECT~Ot~ S DE¥£LGPNENT COM,[ITl'tENTS ............................ .5.1 ENV! ROt~£NTAL PROTEC?ION. 5.2 ................................. -10- TRA£FIC ................................................... 5. 3 EI~G I N£ERIt~G ............................................... -11- -11- 5. 4 WATER P~ANAGEt4ENT CONSIDERATIONS ........................... -ll- COU tlTY UTILITIES .......................................... 5.6 FIP. E DISTRICT R~'VIE%I ...................................... -12- · -12- 5.7 GENERAL REQUIP. EM£NTS ..................................... , -12- SE~T IO~ 1 i · 1 PUR~CSE A. THE PURPOSE O£ THIS SECTION IS TO SET FORTtl THE LOCAT%ON OHNERSHIP OF THE PROPERTY, AND TO D~CRIBE ~E EXISTING CONDITIONS OF ~E ~ROPERTY PROPOSED ~O BE DEVELOPED UNDER PROJECT N~E OF ~NERZDG~ CENTER WEST. - 2.2 LEGA~ DESCRIPTION .. A THAT PORTION OF ~E WEST ~/2 Or ~E W~T 1/2 OF ~E 1/4 OF THC NORTHWEST 1/4 OF SECTION ~8, TOWNSHIP 49 SOU~, RANGE 26 EAST, COLLIER COUNTY, FLORZDA~ ~YZNG SOU~ Or R:DGE ROAD ~C.R. ~ SD&), A 150.00 F~ RIGHT-Of-WAY, ~ORE PARTICU~RLY D~CRIBED AS ~OLL~.~S: CO~MENCE AT TIlE NORTHW~T CORN:~ OD SECTION ~8, ~OWNSHIF 4~ SOUTh, RANGE 2& E~ST, COLLIER COUNTY, FLORIOA, ~ENCE RUN N. 8~ 33' 3g" E. ~NG ~HE NORTH LINE OF ~ME NOR~W~T ~/4 OF S~ID SECTION 18, FOR A DZST~I4CE OF 1284.~3 FEET ~O NORTHWEST CO~ER OF ~E ~T 1/2 OF ~HE N~T ~/2 OF NORTHEAST 1/4 OF ~HE NOR~WEST ~/4 Or ~ME SA~D S~T~ON ~HENCE RUN S. 00 20' 25' E. A~NG ~E W~T ~INE Or ~E WEST 1/2 OF THE W~T 1/2 OF T~E NORTHEAST ~/4 Or ~E NOR~W~T Or ~HE SAID S~ION lB, ~OR A DISTANCE OF ~ll. IS FEET TO A POINT ON TNE SOU~ER~Y RIGHT-OF-WAY L~NE OF STA~ ~OAD ~. S-896 {PINE RZ~E ROAD}, A 150.00 r~T RIGHT-Or-WAY, AS THE S~IE ZS S~OWN ON ~HE FLORIDA DEPT. OF T~IIS~ORTATZON ' RIGhT-Or-WAY ~P ~OR STATE ROAD S-8D&, SECTION COLLIER COUNTY, S~EETS S AND 6 OF 13, AND ~E ~OZNT Or BEGINNING OF THE PARCEL OF ~ND MEREZN DESCRIBED; THENCE CONTINUE S. 00 20' 25' E. ALONG ~E WEST LINE OF THE W~T 1/2 OF T~E WEST 1/2 Or THE ~ORTHEAST 1/4 OF THE NORTflW~T 1/4 THE SAID SECTION 18, FOR A PZSTANCE OF ~209.00 FEET TO THE SOUTHWEST CORNER OF THE ~T 1/2 or THE WEST 1/2 OF THE NORTHEAST 1/40~ Tile NORTflW~T 1/~ OF SAID SECTION 18~ THENCE RUN N. 89 34' 3~' E. A~NG THE SOU~ LINE Or T~E W~T 1/2 THE WEST 1/2 OF THE NORTHEAST ~/4 OF THE RORTHW~T ~/4 OF THE SAID SECTION 18 FOR A DISTANCE OF 324.14 FEET ~ THE S~EAST CORNER OF TME W~T 1/20~ T~E ~2EST 1/20~ ~E NORTHEAST 1/4 THE NORTHWEST 1/4 OF THE SA~D SECTION 18~ THENCE RUN N. 00 21' 48' W. ALONG THE EAST LINE OF THE W~T 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF T~E NORTHWEST 1/4 OF ~E SA~D SECTZOtl FOR A DISTANCE OF ll80.TT FEET TO A ~OINT ON ~E C~RCU~R CURVE, CONCA~ TO THE NOR~EAST, WHOSE ~D~US ~OZNT BEA~ N. 03 00' 44' E. A DISTANCE OF S804.58 FEET ~EREFRO~I, SAID CURVE BEING THE SOU~ERLY R~GHT-OF-I~AY LINE OF ~E AFOREMENTiOnED STATE ROAD NO. S-B96, ~ENCE RUN W~RLY A~NG ~E ARC OF SAID CURVE TO THE RIGHT, ~E SAff~E OEING ~E ~{~GHT-OF-WAY L~NE OF STATE ROLD NO. S-Bg&, ~V~NG A ~D~US - 5804.5~, THROUGH A CENT~L ANGLE OF 02 3~' 3S', S~TEND~ BY CHORD OF 266.06 FEET AT A BEAR1NG OF N. ~ 40' 29' W. , FOR A '" ' ' ' ': . .,' d "'," -,~.,....- :. ~ ,: .'.:, ':7 _'?:. --~ .~ ....~.~,' , ..~ ','{-~i ;~Y':;-; '~:' ~ - ~'~r~ ' · .- DIST^NCE Or 266.08 £EET TO T~IE END OF SA~D CURVE; TllENCE RUN N. 84 21' 41' W. ALONG T~E SOUTHeRlY RIGHT-Or-d'lAY ST,'r: RO~O ~O. S-g~6 FOR A DISTANCE OF 58.8~ r~:T TO TIlE POINT OF BEGINNING, COaTi,KING 8.8T4 ACRES, MOR~ OR ~S. OF 266.0~ ~EKT TO THK ENO or 4~' ~. ALONG THE SOU1~ER:Y RIGHT-OF-WAY L~NE OF STATE ROAD ~O. S-89& fOR A D~STaNCE OF 58.81 r~ET TO ~: POZrIT Or B~GIN~NG, CONTAIniNG 8.8T4 ACRES, MO~ OR ~S. A. T~t~ SU~CT PROPERTY ~S OHN~D ANTHONY F. JANCIGAR ~1 WI~4DSURF LANE A-103 NAPLES, FLORIDA 339&~ 1.4 GENERAL DESCRIPTION Or PROPER~ A. THE PROJECT SITE IS L~AT~ ON THE SOUT}{ SIDE OF PINE R~DGE ROAD APPROXIMATELY 3/4 MILE WEST OF 2-~5 INTERCHANGE, SEE S~TE PLAN, AND CONSISTS OF APPROXimaTELY 8.87 ACRES or LAND. 1.5 CURRENT ZONING A. THE CURRENT ZONING lS A-2 RU~L AGRICULTURE DZSTR~CT. A. THE' CO~PREHENSI~ P~N D~GNATES THE SUBJECT PROPER~ AS BEING WITHIN T~E 'U~AN A~A" OF COLLIER C~NTY 1.7 PHYSICAL DESCRiPTiON A. THE PROJECT S~TE CONSISTS OF APPROXZ~TELY ~.~ ACRES Or THE EXISTING EL~AT~ON ~S AP~ROXI~LY 10 FEET NGVD. SECTION 2 PROJECT DEVELOPflENT 2.L PURPOSE AD THE PURPOSE OF THIS SELl'ION IS TO DELItlEATE AND GENERALLY DESCRIBE TIlE PROJECT PLAN OF DEVI:LOPMENTo THE RF~PECTIVE USES Or THE PARCELS INCLUDED IN THE PROJECT, AS WELL AS THE PROJECT CRITERIA FOR FUTURE DEVELOPMENT. 2.2 G£!~ERAL REGULATIONS FOR DEVELOPMENT or THIS PROJECT SHALL BE IN ACCORDANCE ~ITH THE CONTENTS or THIS DOCUMENT, PUD-PLANNED UNIT DEVELOPMENT DISTRICT AND OTHER APPLICABLE SECTIONS AND PARTS OF THE COLLIER COUNTY ZONIIIG ORDINANCE. 2.3 B. UNLESS OTHERWISE NOTED, ~E DEFINITIONS OF ALL TKRM~ SHALL BE THE SA~IE AS THE DEFINITIONS SET FORTU IN THE COLLIER COUNTY ZONING ORDINANCE. C. ~HERE APPLICABLE STANDARDS AR£ NOT SPECIFIED (YI'ltERWlSE IN THIS PUD DOCUMENT, THOSE OF THE COLLIER COUNTY ZONING O~INANCE SHALl APPLY. · MASTER PLAN AND L~ND USE..~ ..... . . .... ,: ..', A. THE ~ASTER P~N C~NSISTS Or iN OVE~L~ ~T O~ ADPROXI~TEb~ 8.8~ ACRES OF INTERCHANGE RELATED LAND AND ITS RELATED STREETS, OFF-STREET PARKING,'~F-STREET LOADING/UNLOADING AND A ~ATER RE~NTION A~A~ SEE SITE P~N. . 2.4 pHASES OF DEVELOPMENT Ao THE PETITIONER INTENDS TO BEGIN CONSTRUCTIO~ OF THE BUILDINGS~ ROADS~ DRAINAGE, AND OTHER SITE IMPROVEMENTS UPON APPROVAL OF THE PETITION BY THE COUNT~ AND CONTINUE WOR~ING UNTIL ALL OF THE SITE I~PROVEMENTS ALONG WITH ALL REQUIRED BUILDINGS ARE CO~IPLETED IN ACCORDANCE WITH T'dE CONDITIONS OF TItE APPROVED PUD DOCUMENT. 2. 5 SITE PLAN PROCESS A. THE DEVELOPER or ANY TRACT MUST SUBMIT A CONCEPTUAL SITE PLAN FOR THE ENTIRE TRACT PRIOR TO FINAL SITE DL'Vt:LOPMENT PLAN SUBMITTAL FOR ANY PORTION OF THE TRACT. THE DEVELOPER PAY' CHOOSE NOT TO SUBMIT A COtlCEPTUAL SITE PLAN IF A "SITE DEVELOPS'lENT pLAN" IS SUBMITTED AND APPROVED FOR THE ENTIRE TRACT. B.' THE DEVELOPER OF ANY TRA~T }lUST SU~MIT, PRIOR TO OR AT SAME TIME OF APPLICATION FOR A B. UILD1NG PERMIT, A DETAILED SiTF. DEVELOPMENT pLAN fOR HIS TRACT Or PARCEL IN CONrO.~NCE WITH THE ZOHII~G OROINANCE SECTION 10.S D~LOPHENT P~N APPROVAL. THIS ~N SIIALL ALSO SIIO~ THE L~ATIO~ AND SIZE Or ACCCSS TO ANY T~CT TIiAT ~ES EOT AOUT A PUBLIC C. IN TH~ EVENT THAT A~ ESTABLISHED T~CT AS 1D~TIFI~D ON TH~ APPROVED PUD HASTCR P~N 1S PROPOS:~ TO BE FURTUER DIVIDED IN A F~N~ER THAT ~ES NOT AffECT THC APPROVED INF~STRUC~R~, INCREASE THE NUHBKR or D~KLL~NG UNITS. INCR:AS~ DENSITY, CHANGE T~K DWELLING TYPE OF CHANGE _PERMUTED USES WITHIN THE T~CT, THE D~LOPKR SHALL SUBMIT A R~ISED PUD MASER pLAN INDICATING ~K DIVISION OF THE ESTABLISHED T~CT PRIOR TO TEE SUB~4ITTAL OF A SITE D~ELOP~ENT P~N FOR THE D~ELOPf4ENT OF SUCH T~CT. THE REVISED PUD MASTER P~N SHALL BE SUBNI~ED TO PLANNiNG/ZONING DI~CTOR FOR REVIEW AND APPROVAL. 2.6 S~TE D~ELOPMENT P~tl APPROVAL PR~ESS ' ' A. SiTE D~ELOPMENT P~N APPROVAL, WHEN D~I~D OR REOUI~D BY THIS DOCUMENT, SHALL FOLLOW THE PR~EDURE AS OU~INEO IN THE ZONING ORDINANCE. 2.7 MAINTENANCE OF COMMON AREAS OWNERSHIP OF A PROPKRT~'OWNKRS ASS~XATZON OR SO~K SUCH SIMILAR ORGANIZATION OF ~IOENTS. THIS OR~NIZATION WILL BE CONDITIONS SET tORTE IN.THE APPRO~D PUD A. POLLING PLACES SH~LL BE ,ERMI~EO AS DEEMED APPROPRIATE BY RECOMMENDATION FRO~I THE SUPERVISOR OF ELECTIONS TO THE BOARD OF COUNTY CO~4~SSZON~S ZN ACCORDA~IC~ WITH $~TION ~,~ OF ZONING ORDINANCE 2.9 FI~ HYDRANTS A. FI~ HYD~NTS S~L BE REQUZ~D PER ~E ~TANDA~S OF SUBDIVISION ORDINANCE. 2.10 ~SSUANCE Or F~NAL C~RT~ICATE Or A. PRIOR TO T~E ISSUANCE Or A rZNA~ CERTIFICATZ OF OCCUPANCY, CC~:M~TMENTS ZN ~ PUD ~CUM~NT SMA~L BZ M~ BY THE UNLESS SO~E O~ER AR~NG~NT 2S H~TJALLY A:R~D ~DO~I BY TH~ D~ELOPER AND THE ZONING D~R~CTOR. 2,11 t. IAX].~.IU,'.I NUI~IBT..I~ OF 'TRAI,;S].r-W~ LODGING UNITS A. '/"HZ FIAX~I'4UH h'UHB£R OF 'TRANSZ£NT bODGING UNZTS ZS 176 UNZTS. SECTIO~ 3 LAIID USE REGULATIONS 3.1 PURPOS~ A. IT IS TH£ PURPOSE OF THIS SECTION TO OUTLINE THE LAND USE REGULATIONS OF THE PROJECT SO THAT THE DEVELOPMENT WILL PROCEED IN A MANNER WHICH IS CONSISTENT ~ITH THE PUD DOCUNE~T AND ACCORDING TO THE GENERAL GOAL AND OBJECTIVES OF ThE COUNTY'S COMPREHENSIVE PLAN. 3.2 PERMITTED PRINCIPAL USES AND STRUCTURES A. AUTOMOBILE AND TRUCK FUEL DISPENSING FACILITIES. B. BUSINESS AND PROFESSIONAL OFFICES. C. MOTELS; HOTELS AND OTHER TRANSIENT LODGING FACILITIES D. OFFICES, GENERAL PURPOSE - ' ' E. RESTAURANTS (INCLUDING DRIVE-IN AND FAST FOOD RESTAURANTS) ' 3~3 .PERMITTED ACCESSOR~ USES ANO STRUCT1JRES - "... ' ' PERMITTED IN THIS DISTRICT."-'~:.''~. ...." -' B. CARETAKERS RESIDENCE, ONE PER PARCEL OF LAND. 3.4 PERMITTED PROVISIONAL USES AND STRUCTURES A. ANY USE NOT SPECIFICALLY PERMITTED OR PROHIBITED WHICH IS OTHERWISE LA~FUL AND IS IN KEEPING WITH THE OVERALL CHARACTER OF THE DISTRICT 3.5 PROHIBITED USES AND STRUCTURE A. ANY USES OR STRUCTURES NOT SPECIFICALLY , PROVISIONALLY, OR BY REASONABLE IMPLICATION PERMITTED ~EREIN 3.6 DEVELOPMENT STANDARDS A. MINIMUM LOT AREA: TWENTY THOUSAND [20,000) SOUARE FEET B. MINIMUM LOT I;iDTH: 100 FEET C. MINIMUm: YARD REQUIREMENTS. NOTE: SETBACKS SHALL BE MEASURED ['ROM TRACT BOUNDARIES AS WELL AS TRACT BOUNDARIES RESULTANT FROM THE PROVISIONS OF SECTION 2. S. ,, ..,- >:. · ..... ~;.. ,.: ...... . ................,.- ..... ~,'~,,..-.-: ........... . ..' :....-.. ~.~_-':-Y." ~,:~:':~ ~' ::: ',"7:::, .' ~.~ ~::;~:,-_;,,~ :' ~...:~.~-:.:.~...- --.' _ , '. . . .L' . ~....'...._; :,.'.-. 1) 'FRONT YARD - Twr-t~TY-rlVl: I?$1 r~.ET raO~ A PUBLIC STR:ET; T~N (~0) ~ET FROH A ~RIVATE 2) S~DE YARD - NONE, OR A ~1INI~IU~I OF FI~ (5] FEET IF A S~DE YARD IS PROVIDED. 3) SIDE YARD - A BUILDING , PARKING AND IMPERVIOUS SET~ACK OF TMI~Y .(~0) FEET SHALL BE PROVlO~ ALO~G ~E WEST PRO~ER~ LINE. ~IS SETBACK STANDA~S ~y BE ~DUCED ~ A TE~ FOOT BUILDIHG AND PAR~ING SETBACK IF THE _ PROPERT~ TO THE H~T D~LO~.S I~O CO~IHERCIAL USES. 4}SETBAC~ REOUI~TS ARE M~SURED FRO~ TU~ RIGHT-OF-WAY LINE IH CASES iNVOLVING PUBLIC STREETS. IN CASES TltE PROPERTY IS PROVIDED ACCESS THROUGH AN EASEUENT, THE SETOACK REOUI~EHTS SHALL BE ~EASURED FRO~I THE INSIDE EOGE Or THE PRIVATE EASEHENT Or TH~ SUBJECT PROPERTY. THE EVENT T~AT THE O~ER OF THE PROPERTY IS UNABLE TO PROVIDE ADEOUATE OFF-STREET PARKING, LOADING AND ~HICU~R CIRCULATION AS A ~SULT Or H~SURING THE SETBACK rROH T~ INSIDE EDGE OF A PRIVATE ~SE~EtaT, THE ~OHI~G DI~CTOR AUTHORIZED TO REDUCE THE SETBACK R~UI~EHTS FRO~ THE INSIDE EDGE OF THE PRIVATE ROAD, PROVID~ SUCH R~U~ION IS NOT GRATER THAH 25~ Or THE ~UI~9~SETBACE.. F. ~INZ~U~ FLOR R~A ~F STROC~R~ ...... " G. ~ItaI~U~ OFF-STREET PARKING AND OFF-STRE~T LOADING 1) AS REOUI~ BY T~E C~NTY ZONING O~INANC~ AT TRZ TIHE DP APPL~CAT2ON ~OR CONSTRUCTION SIGNS 1) AS R:OUI~D BY TH~ C~NTY ZONING O~NANCE AT THE TI~E OF APPLICATION FOR CONSTRUCTION :. L~GHTING 1) LIGHTING FAC~LIT~S S~A~ ~E AR~NG~D ~N A ~NN~R WILL PROTECT ROADWAYS AND A~AC~NT PROPERT~S FROFI D~CT GLAR~ AND ~R ~NTERrER~NC~S IqINI/'IUN LAI4DSCAPIt~G REQUIR£tqENTS ~.) AS REOUZRE. D BY TH~ C~ A~ ~E ~Z~E OF APPL~CATZON for CONSTRUCTION PERMITS K. ~Et:CE R~QU~EIITS AS REQUIR~ BY THE C~NTY Z~IKG ORDINANCE AT THE TI~E OF APPLICATION FO~ CONSTRUCTICH. PE~IITS. L. AUTOF1OBILE AND.TRUC~ FUEL DIS~E[~SII~G FACILITI~ 1) THE DEVELOP~E:~T OF A~ AU~MOBILE OR'TRUCK FUEL DISPENSING FACILITIES SHALL H~ET ~ STANDARDS OF SECTION 9.8 Or THE ~OtIlt;G ORDINANCE UNL~S HONE RESTItlCTIVE STANDARDS ARE REOUZ~D BY THIS PUD ~UHENT. ~.~ 4.2 PUD 4.3 4.4 4.5 4.6 GENERAL DEVELOPML'~NT REOU ~REMENTS THE PURPOSE Or THIS SECTION IS TO SET FORT~ T½E GENERAL DEVELOPMENT REQUIREMENTS AND CONDITIONS £Ok OEV£LOPHENT O£ THE PROJECT. MASTER PLAN THE PUD HASTER PLAt; HEREIN ZS INTENDED AS AN ILLUSTRATIVE PRELIMINARY DEVELOPMENT PLAN. THE DESIGN CRIT£RIA AND LAYOUT ILLUS'£RAT£D ON rLEXZBL£, SO THAT, T~E FINAL DESIGN ~AY SATISFY PRO~ECT CRITERIA AND CO~PLY NITH ALL APPLICABLE REQUIREMENTS OF THIS ORDINANCE. B. ALL NECESSARY EASEMENTS, DEDICATIONS, O~ OTHER INSTRUMENTS SMALL BE GRANTED TO INSURE THE CONTINUED OPERATION AND ~.~I~;TENANCE OF ALL PUBLIC SERVICE UTILITIES. C. MINOR DESIGN CHANGES SMALL BE PERMITTED WITH COUNTY STAFF ADMINISTRATIVE APPROVAL ..... , - -'. ACCESS TO PROPERT~ .. A. THE PROJECT SHALL BE LIMITED TO ONE POINT OF ACCI:SS TO PINE RIDGE ROAD. UNLESS A SHARED ACCESS CAN BE NEGOTIATED WITH THE PROPERTY OWNER TO THE WEST, ACCESS SHALL BE ADJACENT TO THE EAST PROPERTY LINE WITH MOVEMENTS LIMITED TO RIGBT TURNS IN AND RIGHT TURNS OUT. A FUTURE S~ARED ACCESS AT THE WESTERN PROPERTY LINE WILL BE pERMITTED IF REQUESTED, ~UT ONLY ON THE' CONDITION THAT THE THEN EXISTING ACCESS TO THE EAST BE CLOSED. PRIVATE ROADS A. THE INTERNAL ROAD SYSTEH SHALL BE PRIVATELY O~ED AND MAINTAINED BY THE PROPERTY OWNER OR ASSIGNS. SOLID WASTE DISPOSAL A. ARRANGEMENTS AND AGREEMENTS SHALL BE MADE WITH COUNTY APPROVED SOLID WASTE DISPOSAL COLLECTOR. ELECTRICITY, TELEPHOt:E, CABLEVISION A. ARRANGEMENTS AND AGREEmeNTS SHALL BE ~DE WITH COUNT~/ APPROVED CONTRACTORS FOR T~E PROVISION OF SERVICES. SECTION 5 DEVELOFI'II~;IT COMI'I IT.M ENTS COMPLY W~TH ALL OF THE COt:D~TIONS OF APPROVAL INCLUDING TIlE FOL- LO~a I NG: ENVZ~GN~IE:~TAL PROTE~]ON " STANDARD EAC STiPULATiONS : THRU a. (ADOPTED BY EAC 4/1/8~) A. ~ET~T:ONER SHALL BE SUBJECT TO ORD~NANC: ~5-2~ (OR THE TREE/ VEGETATION REI~OVAL ORDINANCE ~N EXISTENCE AT THE TZ~: OF ~ER~TT~NG), REQUZR:IIG THE ACOUiS~T~ON Or A TREE RE~OVAL PER~T PRIOR TO ANY ~ND CLEARING. A S~TE CLEAR~NG P~N SHALL BE SU~FI~TTED TO THE NA~RAL RESOURCES ~NAGEM:NT DE~AR~ENT FOR THEIR REV~E~ AND SUBJECT TO APPROVAL ~R~OR TO ANY ~ORK ON THE S~TE. THIS P~N MAY BE SUBMITTED ZN ~HASES TO COINCIDE WITH THE D~LO~:4ENT SCHEDULE. THE S~TE CL~R~I4G ~N SItALL CL~RLY DEPICT ~OW THE F~NAL ~YOUT ~NCORPO~TES RETA]llED NATIVE ~GETAT~ON TO T~E ~XZMU~I EXTENT POSSIBLE AND HOW ROADS, BUILDINGS, ~KES, ~ARK~I~G LOTS, AND OTHER HAVE BEEN ORIENTED ~ ACCO~IODATE THIS GOAL. B. NATZ~ SPECIES S~ALL BE UTiLiZED, W~ERE AVA~BLE, ~ THE ~XIMUM EXTENT ~OSSIBLE ~N THE SITE LANDSCAPING D~IG~. A LANDSCAPING P~N WILL ~E SUBMITTED TO T~E CO~UNITY D~ELOPMEtaT DIVISION AND T~E NA~L RESOURCES ~NAGE~I~T DEPARTMENT FOR T~EIR R~IEW AND THEIR APPROVAL. THIS WILL DEPICT THE INCORPO~TION OF NATIVE SPECIES AND THEIR MIX WITH OTHER SPECIES, IF ANY. THE GOAL OF SITE ~NDSCA~NG SHALL BE THE RE-C~TION OF NATI~ ~GETATION AND CHA~CTERISTICS LOST ON T~E SITE DURING CONSTRUCTION OR DUE TO PAST ACTIVITIES. C. ALL EXOTIC PLA~TS, AS DEFINED IN THE COUNTY CODE, SHALL REMOVED DURING EAC~ PH~E OF CONSTRUCTION rRoa D~LOPI4ENT AREAS, OPEN SPACE AREAS, AND PRESERVE A~AS. ~OL~WIIIG D~LOPMENT A ~ZNTENANCE ~R~M SHALL BE ~MPLEMENTED PREVENT RE-INVASION OF THE SITE BY S~H EXOTIC SPECIES. THIS PLAN, WHICH WILL D~CRIBE CONTROL TECHNIOUES AND INSPECTION INTERVALS, SHALL BE FILED W~TH AND SUBJECT TO APPROVAL BY THE NATURAL RESOURCES ~NAGEMENT DEPARTMENT AND THE CO~UNITY DEVELOPMENT DIVI SION. D. IF DURING THE C~RSE Or SITE CL~RING, EXCAVATION, OR OTHER CONSTRUCTION ACTIVITIES, ANY ARCHAEOL~ICAL OR ~S~RICAL SITE, ARTIFACT, OR OTHER INDICATOR IS DISC~ERED ALL D~ELOPMENT AT THAT L~ATION SHALL BE ~IATELY STOPPED AND THE NA~RAL RESOURCES ~NAGE~IENT DEPARTMENT DE~LOPMENT WILL BE SUSPEND~ FOR A SUFFICIENT L~GT~ OF TIME TO EN;,,IILC THE HATURAL RESOURCES I, tANAGEMENT DEPART~'IENT OR A DESIGNATED CONSULTANT TO ASSESS THE FIND AND D£TERMII~E TIlE PROPER COURSE OF ACTION IN REGARD TO ITS SALVAGEABILITY. THE NATURAL RCSOURCES MANAGEMENT DEPART.MENT SHALL RESPONO TO ANY SUCH NOTIFICATION IN A TIMELY AND EFFICIENT I,iANNER SO AS TO PROVIDE ONLY A MINIHAL I~TERRUPTION TO ANY CONSTRUCTION ACTIVITIES. E. THE PE'I~ITIONER SHALL, WHERZ FEAS1BLE.~ TRANSPLANT NATIVE SHRUB AND TREE SPECIES SUCH AS WAX MYRTLE, DAHCK:IN HOLLY, AND CABBAGE PAL.'q, IIlTO LANDSCAPE AREAS OF THE DEVELOPMENT. F. THE NECESSARY PROCEDURES FOR GOPHER TORTOISE RELOCATION [FLORIDA GAME AND FRESW.{ATER FISH FOLLOWED IN THE EVENT A GOPHER TORTOISE IS FOUNO ON SITE. TRAFFIC A. THE DEVELOPER SHALL PROVIDE DP 'ILO 15 FEET OF AODITIONAL RIGHT-Or-WAY ON THE SOUTH SIDE OF 'PINE RIDGE ROAD FOR FUTURE BIKE PATH AND DRAINAGE 1/.IPROVEMENTS, THE EXACT AMOUNT TO BE DETERIqlNED WHEN DRIVEW,<Y PERI4ITS ARE ISSUED. B. THE PROJECT. S,ALL"~E L'IMITED TO ONE i'O~NT O~' ,iC~£SS ~O PINE RIDGE ROAD .... UNLESS A SHARED ,CCESS CAN.BE NEGCrrIATED WITH PROP£RTY OWNER TO THE'WEST, ACCESS SHALL 'E ADJACENT TO THE AND RIGHT TURNS OUT. A FUTURE SHARED ACCESS .AT THE WESTERN · ' PROPERTY 'LINE WILL BE'PERMITT~.E~. IF'REOUESTED,.BUT ONLY ON THE CONDITION THAT TIlE THEN EXISTING ACCESS TO THE EAST BE CLOSED. C. THE .DEVELOPER SHALL PR(~VIDE AN EASTBOUND .RIGHT TURN I.AI~E A~D ARTERIAL LEVEL STREET LIGHTING AT THE.PROJECT ENTRANCE. . P. THESE IMPROVEMENTS ARE CONSIDERED 'SITE RELATED' AS DEFINED IN ORDINANCE 85-55 AND SHALL HOT BE APPLIED AS CREDITS TOWARD ANY II~lPACT FEES REQUIRED BY THAT ORDINANCE. ENGINEERING A. SECTION 4.4 OF THE PDD DOCUMENT REVISED AS REOUESTED. B. THIS PROJECT SHALL BE RESTRICTED TO ONE ACCESS DRIVE £RO~'I PlIqE RIDGE ROAD. NOTE TItAT THE OWNER SHOULD PURSUE A DRIVEWAY INTER CONNECTION WITH PINE RIDGE CENTER P.U.D. WHICH IS LOCATED TO THE EAST. · WATER MANAGEMENT CONSIDERATIONS A. DETAILED SITE DRAINAGE PLANS SHALL BE S~-iI'FTF..D ~ THE WATER MANAGEMENT DIRECTOR FOR REVIEW.. NO CONSTRt~TION PER~IITS SHALL · BE ISSUED UNLESS AND UHTIL APPROVAL OF THE PROPOSED CONSTRUCTION 'IN 'ACCORDANCE WI'IH THE SUI~MITTED pLANS IS GRANTED O. AN EXCAVATION PER~IIT WILL BE REOUEEED FOR T~E PROPOSED LAKE IN ACCORDANCE WITH COLLIER COUNTY OROINANCE 88-26. C. OUTFALL SYSTEH ALONG PINE RIDGE ROAD AND 1-75 SUALL BE V£RIrIED TO MEET THE REQUIRED ELEVATIONS AND CAPACITY FOR THE PROPOSED OPERATION or TI~E WATER f~NkGEMENT SYSTE~. COUNTY UTILITIES A. THE UTILITIES DIVISION HAS NO OBJECTION SUBJECT TO FIEMO Or C. w. TE~BY DATED JUNE 8, lgBa, COPY ATTACNEO. H. ENVIRO:;HENTAL SCIENCE AND POLLUTION CONTROL DEPAkTMENT: 1) IF A VEGETATIV~ BARRIER IS PLACED AROUND THE PACKAGE TREATMENT PLANT AND/OR LAND DISPOSAL AREA, THE ESPCD RECOMMENDS THAT IT BE LOCATED IN A ~NNEk SO IT DOES NOT EFFECT TIlE PROPER OPERATION OF T~E TREATMENT PROCESS. THE ESPCD RECOMJt£NDS THAT THE PETITIONER LOCATE THE LAND APPLICATION SITE A~AY FROM ANY DRAINAGE DITCH AND/OR S~ALE TItAT MAY AFFECT THE PROPER OPERATION OF THE LAND DISPOSAL SITE. FIRE DISTRICT A. THE NORTH NAPLES FIRE DISTRICT WILL REQUII~ FIRE HYDRANTS FOR THIS AREA BEFORE BUILDING PEREITS WILL BE GRANTED FOR ANY STRUCTURE. THE WATER FLOW FOR THIS AREA WILL REQUIRE G.P.M. AT 20 P.S.I. GENERAL RE~UIREt'1ENTS A. THE INTERIM SEWAGE TREATMENT SYST~H PLANT SHALL BE BER~ED TO SCREEN THE FACILITY FROM ADJACENT OR NEAR-BY LAND USES. THE BERM SH~LL BE ~GETATED WITH ~LANT TYPES PROVIDED IN SECTION 8.30 OF THE ZONING ORDINANCE. B. THE ESPCD SHALL BE CONTACTED TO PROVIDE GUIDANCE AND TO APPROVE FINAL DESIGNS FOR SEAMING AND LANDSCAPING THE SEWAGE TREATMENT PLANT. 'q I ,4, STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE S7-9, AS AMENDED, ALSO KNOWN AS THE PINE RIDGE CENTER PUD, WHICH, ACCORDING TO T~E REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER. Staff is requesting that the Board review staff's findings and recommendations r~arding the above referenced PUD. ~ONSIDERATI N0..~_~ This PUD was originally approved on March 24, 1987. Section 2.7.3.4 of the Collier Count)' Land Development Code requires that the project developer submit an armual report on the progress of development, commencing on the fifth anniversa~' of the PUD approval by the Board of Count).' Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the effective date of adoption of the Land Development Code, the five .,,'ear approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. are applicable as of October 30, 1996. Thc above referenced PUD has been identified as a project which xsas approved prior to October 30, 1991 and which has not commence! construction as defined in Section 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field observation and review of in house records to verifi,.' the current status of the PUD and as the basis of a recommendation to the Board consistent with the options provided in Section 2.7.3.4 (1) 8: (2). Section 2.7.3.4 reads as follows: 2.7.3.4. I~me limits for approved PUD master plan~ In the event that a PUD master plan is given approval, and the iandanvner(s} shaH: Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other dtn'elopment orders for at least 15 percent of the gross land area of the PUD site ever).JTve years of the date of approval by the Board of CounO' Commissioners; and JAN 2 1 1997 o 2. Fail to receive final local development orders for at least 15 percent of the total number of approved dwelling units In the PUD, or in the case of Pt/Ds consisting of nonresidential uses, $0 percent of the total approved gross leasable floor area within the PUD every sLx years of the date of approval by the Board of Count)' Commissioners. The project developer shah submit to the Planning Services Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Boartf of CounO' Commissioners. The singular purpose of the report wiH be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. Should the Planning Services Director determine that the development has commenced in earnest, then the land shah retain its existing PUD approval and shah not be subfect to additional review and consideration of new development standards or use modification. Should the Planning Seen'ices Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the tn,'ner and an). supplemental information that ma)' be provided, the Board of County Commissioners shah elect one of the follons'ing: To extend the current PUD approval for a maximum period of two )'ears; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unlmproved portlons of the original PUD shall be consistent with the Growth Management Plan. l'he existing PLT) shah remain in effect until subsequent action by the Board of the submitted amendment of the PUD. If the owner fails to submit an amended PUD within slx months of Board action to require such an amended submittal, then the Board ma)' initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. In the case of developments of regional impact, time limit restrictions shall be superseded b)' the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. 5~ 380.06. -2- SYNOPSIS QF APPROV]ED LAND Tl~s PUD coet,~n~ ~.74 ~cn= of ]and more or less znd is locked ~dfin ~ d~i~nated Activity Centcr which is fur~cr located in thc sou~wc~'t qua~t ofth¢ l-7$/Pine ~dgc Rc~ In~rch~nge Activity Center a~jacent to the Pine Ridge Center West PUD. The uses ofland authorized by the PUD are as follo~: A) l. Automobile and truck fuel dispensing facilities 2. Business and professional offices 3. Convenience commercial 4. Motcls and hotels 5. Automobile rentals fi. Rcstaunmts (including drive-in and fast food) The PUD does regulate the intensity of thc above land uses and requires development to comply with site development plan criteria. CONSISTENCY WITH THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; Thc subject PUD is designated Urban-Mixed Usc/Interchange Activity Centcr on thc Future Land Usc Map ofthc GMP. Based on staff.review of thc approved land uses, thc PUD has been determined to be consistent with the Collier Count3' C:;ro,a~h Management Plan. Relative to other applicable consistency relationships the follo~ng ma), be advised: Traffic Circulafign Element - The PUD is consistent ~4th rclevant policies of the TCE, however relative to thc Access Management Plan and the PUD Master Plan and text should be amended to establish a service drive parallel to Pine Ridge Road to access propeR. to the west. Thc plan should also make provisions to provide 35 feet of right-of-way along thc south side of Pine Ridge Road and limit access to the site to a right. in/right-out only. P0~abl~ Water and Sanitart' Sewer Element - Presently sanitary sewer and public ~ater is available to the site. The PUD should clariS' that connection is necessary to the County's sc~ver and water system. In all other respects applicable clements of thc GMP arc consistent ~ith clement goals, objectives, and policies. CONSISTENCY WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE Thc PUD has been distributed to the appropriate jurisdictional review entities specifically for review of PUD for consistency with current land devclopmcnt regulations. Based on that review, the following inconsistencies have been identified: Transportation: (Traffic impacts, access management, etc.) - Thc PUD requires 30 feet of additional right- of-way along Pine Ridge Road. However, the Transportation Depanmen~ is requesting 35 feet (five additional feet) of right-of-wa.,, along the south side of Pine Ridge Road for road~.x' widening purposes. Thc Access Management Plan calls for only one ingress/egress into thc site and recommends an interconnect to the west for pro~4ding a service dnvexx~y bc~vcen these commercial PUD's. Thc project also requires an eastbound fight turn lane. The current PUD document makes no provision for an interconnect bct~ projects or an eastbound right turn lane. JAN g 1 1997 -3- Landscape: (Buffers/Green Space) - Staff advises that the PUD and Master Plan is consistent with provisions of thc LDC because the PUD advises that where silent the most similar provision of the LDC applies, particularly when subsequent development permitting applications are made (i.e. platting and SDP). Environmental: ~rot.~"~ species, green/open space) - Staff advises that the PUD is consistent with provisions of the LDC, however in t~e event the PUD is amended environmental stipulations should be amended to achieve the same ends but through different references and the ElS statemen! currently pan of the PUD document should be made a pan of'the petition file. ' Engineering/Site Development: (Sewer/water, drainage issues) - No inconsistencies were rcpon~ howev~, staff advises that in the event of an amendment certain development commitments should be changed to reflect current code references. PUD D£VELOPM£NT STANDARD$_~ Sctback requirements from Pine Ridge Road is seven~, five (75) £cet. This is considerably more than the sctback required by commercial zoning districts. Other s~back requirements are dealt wit~ in an unusual manner and depend upon the ~;>c of development which occurs on ad.~acent property boundaries. Building heights are authorized at a maximum height of fifty (50) feet. This is ~'pically the historical practice for Interchange ActJvit'y Center PUD's. STAFF COMMENTS: Staff is of the opinion that there is sufficient justification to require thc owner to submit an amended PUD. Thc PUD should be amended to reflect development and Master Plan commitments that are consistent with the Count3"s Access Management Plan and in particular provisions for an interconnect to the west and shared access to Pine Ridge Road. The requirement for an amendment xs~ll give staff an opportunity to review right-of-wa.v requirements for expanding Pine Ridge Road. ' Amended provisions should also deal with landscape buffer requirements that are consistent with current requirements. Environmental stipulations should be revised to achieve current requirements while the utilities plan should be amended to require connection to the County's water and sewer system. Finally, inasmuch as the PUD is to be amended, references and PUD format should be made consistent w/th current practice. The revised PUD should also contain language that requires submission of a unified architectural plan. Given the ex'tent of changes this amendment should be in the form ora rezoning from PUD to PUD in which thc current document is repealed. .FISCAL IMPA CT: A ~vo year extension of this PUD Ordinance ~511 have no fiscal impact on Collier C0unts... -4- 1997 STAFF RECOMMENDATION; Based on a comprehensive review of this PUD document, staff recommends that the Board of Countx' Commissioners direct the o~?m'/entity ofthe Pine Ridge Center PUD to submit an amended PUD w~ithin th~ time frame allowed by the LDC requirements. PREPARED BY; DA~E ~ REVIEWED BY; RO~cP CURRENT PLANNING MANAGER DATE~ ~ DONA'L-~ W. ARNOL-'D, ~klCP ' DATE ' PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Ordinance $%9 Ex Sumndpd -5- AGENDA. LTrj~ JAN 2 1 1997 MEMORANDUM To: David C. Weigel aff(~.mty Attorney From':' Marjorie M. Student Assistant County Attorney Date: November 18, 1996 Re: PUD Sunset'ting Concerns I have several legal concerns regarding the sunsetting of PLrDs should that involve adjusting density or land use. They are categorized in this memo. Additionally this is a response to Attorney Richard Grosso's legal opinion to the Florida Wildlife Federation dated October 21, 1996. I. Bert .T. Harris. Ir. Private Property_ Rights Protection Act (Section 70.01. Florida Stat'utes) First of all, I disagree ',vith ?,,ir. Grosso concerning the grandfathering language of the Property Rights Act. tie is correct in stating that subsection 2.7.3.4. of the Land Development Code (LDC) dealing with PUT) sunsetting is not subject to the new law. However, he ignores the fact that any PUD amendments necessao' 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 that 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 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 has the authority to rezone the PUD to an appropriate district. Ttgs too, would have to be accomplished 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 )'et had the opportunity to construe any of the key terms in the Act. Subsection 70.001 (2) provides that [w]hen a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief, wNch may include compensation for the actual loss to the fair market value ofthe property caused by the action of the government. The key terms are "existing use", "vested right" and "inordinate burden." JAN 2 1 1 3B7 %vcrnb~r ~, t996 ::)zvid C. Wci~c! ?UD Su~scr~ Coaccms ?z~e 2 ~c Act defines ~ cxist~g usc ~: l) ~ ac~al, present ~c or ac~vi~ on ~c real propc~; 2) periods of imctivity no~ly msociatcd ~ or ~cidenml to ~c na~c or ~c of usc ~at t~cs place on thc propc~; 3) such rcmonably forcs~c~lc, no~cculativc lind uses w~ch ~e suitable for ~c subjcc~ propc~, ~c compafblc ~ ~jac~t lind mos md w~ch have created m cxist~g fair m~kct value ~ ~c prop~ gcat~ ~ ~c fair m~kct value of ac~al, present usc or activiw on ~c propc~. Sec Subsection 70.001(3)~), ~. A vested fi~t, ~ defined M ~e Act, is dct~n~ by a~l~g ~e pfincipl~ ofequimble estoppel or subst=tive due process under Florida co--on law or appl~g ~e sta~to~ law of ~e state. Subsection 70.001(3)(a), Elofida Sta~tes. ~e Act defines ~ inordinate b~den m m acffon by one or more gove~ental entities that hm directly res~cted or limited ~e ~es of~e r~l prop~ such ~at ~e prope~ o~er pe~=ently unable to a~a~ the remonable ~ves~ent backed expec~tion for ~e existMg use of the prope~ or a vested fi~t to a specific use of~e r~l prope~ wi~ respect to ~e prope~ a whole. Additionally, it c~ me~ that ~e prope~ o~er is le~ ~ existing or vested that ~e umeasonable such that the prope~' ox~er p~ently be~ a dispropo~ionate shall of a burden ~posed for the good of~e public wMch ~ fairness should be borne by ~e public at large. See Subsection 70.001(3)(e), Elodda Ste~tes. There is no "bright line" test to dete~e what a vested fi~t is. These ~es of crees in Florida have been dete~ined on a case by case b~is. Since our Zoning Reevaluation Pro,am was set up to deal with this issue, an ~gument could be made ~at any prope~ that p~sed t~ou~h that process ~d received an exemption pursuit to Subsection 106-40 of ~icle "Zo~ng Reevaluation", Chapter 106, "Piing" of~e Code of Laws ~d Ordin=ces of Collier Co~, Florida or a dete~nation of vested sta~ pursu=t to Subsection 106-46 of ~at Ordin~ce could claim vested sta~s. Moreover, the Act defines "exis:ing uses" broadly including those that are reasonably foreseeable, nonspeculative, compatible and have created additional fair market value on the properD,' over and above the existing use or uses. Re'zones from less intense and less dense land uses to more intense, higher density land wes could have the effect of increasing fair market value as in the case of a rezone fi.om Estates to PUD or Agriculture to PUD - depending of course, on the land uses perrrfitted by the particular PUD. It is impossible to draw a '"oright 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 dowrtzoning 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 the laUD parcel could decrease the fair market value of the property and thus trigger the Act. An argument could also be made that any downzordng of the PUD property has created an inordinate burden thereon since as a result, the reasonable, investment backed expectations otr the property owner are not capable ofbeing attained. Of course, this is a qu~ ition ~ JAN 2 1 1997 18, 1996 'UD S~nsct~ Concerns ,age cannot be uniformly applied to every PUD subject to the sunsetting. The term "reasonable, investment backed expectations" is not precise. In fact a recent article in the ~ ~ stated that the concept of investment-backed expectations remaLns an ambiguous term that is difficult to apply. See "The Wisconsin Supreme Court Responds to Lucas", 48 _Land _Use Law & Zoning Di_eest, lqo. 9 at page 6. I therefore, conclude that in order for the County to stay within the Property P, ights Act, each PUD must be evaluated on its own merit before any land use or density ch:rage c~n be accomplished. Moreover, it is recommended that the County work with thc PUD property owner to achieve a mutually beneficial result. Fi. V_~ested Rights Besides triggering the Bert J. H~Tis, Jr. Private Property P,.i~ts Protection Act, if vested rights are interfered with by a local government there is ~n equitable remedy in circuit court - that being a determination of vested status and a resulting court order permitting the vested project to occur as originally approved. The common law elements of vested ri~ts or equitable estoppel in Florida are as follows: an act or omission of a 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 hi_mhly inequitable and unjust to destroy the rights he acquired. Smith v. City_' of Clearwater, B83 So.2d 691 ('Fla. 2d DCA 1980) These matters are determined on a case by case basis. There is no "bright line" test. Therefore, any dov, T~ZOning that may result from sunsetting of any PUDs should not interfere with a vested right. Once again, an)' property owner that wzs .m-anted 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 o~vner gaining PUD approval since the adoption of the GMY 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. ITl. Nature of pUD Zonin~ In ~_orpoise Point p~-nershi? v. St. Johns Count, 532 So.2d 727 (]: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 over~ll plum. ]~. at page 728. The Court held that a planned special development by its very nature must be sou~t by the property owner and cannot be imposed over an owner's objection ~nd thus invalidated a PUD rezone imposed solely by the County. ~. at page 729. Collier CounL'y's PUD requirements are quite similar to the planned special development requirements of St. John's County at issue in porpoise Point. While the case did not address PUD ~nendments, ~ argument could be made by a property owner that due to the consensual nature of PUD zo~ng bet~veen it and the local government, a PUD amendment c~nnot be imposed upon the property without the owner's consent. There is no case law dealing with PUD amendments on this point. It is the opinion of~e writer that in AGIr Nl,~. NO. ~ JAN Z ! 1997 No~n~r 18, 1996 D~vicl C. PUD $:msctt~ng ~nc~ms Pa~e 4 · such a c~e, a cou~ would bal~ce the police pow~ ~terests of~e local gov~t ag~nst the private interests of the prop~ o~er ~ dete~g whe~ or not ~e P~ ~en~t is v~lid. Additionally, I ~-n concerned that if densities ~re reduced too greatly the County may nm afoul of the need to provide affordable housing pursuant to Subsection 163.3177((5)(0 of the Growth Management Act. Additionally, there may be exclusion~'y zoning problems such as was the case in _South Burlin_~on Coun _ty NAACP v. lVit Laurel Township, 67 N. J. 151,336 A.2d 713 (1975) where there were low density residential land use smnda.rcls imposed un~£ormly throughout the Township. I hope this memo answers your concerns relating to PUD sunset'ting. Should you have any further questions or con'u'nents, please advise. PUD Su.~se.~;.~.S Cocce~s JAN 8 1 RESOLUTION 97- A R~SOLUTION BY THE BOARD OF COUNTY COHHISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LARD DEVELOPHENT CODE AFFECTING OROINARCE 87-9 ALSO KNOWN AS TI~E PINE RIDGE CENTER PUD, REQUIRING THE SUBHITTAL OF A PUD AHENDH~NT; ~ PROVIDING AN EFFECTIVE DATE. 9 10 WHERF. AS, the Pine Ridge Center P~, Ordinance 87-9, adopted on 11 Hatch 24, 1987, is subject to the provisions of Section 2.7.3.4., of 12 the Land Development Code (LDC}, Time Limits for Approved PUD 13 Plans; and 14 ~EREAS, the Board of County Commissioners has reviewed the PUD Z5 and has deter~ined that the current PUD Zoning is inconsistent with 16 certain provisions of the Gro~h Hanagement Plan and the Land 17 Development Code~ and 18 NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of 19 Collier County, Florida that: 20 1. The above recitals are adopted herein by reference as if 21 fully set forth herein. 22 2. This Resolution shall constitute evidence of compliance with 23 the review requirements of Section 2.7.3.4 of the LDC. 24 3. Pursuant to said section of the LDC, the property owner or 25 agent shall submit an amended PUD to the Planning Services 26 Director prior to June 5, 1997. 27 This Resolution shall become effective immediately upon 28 approval. 29 BE IT FURTHER RESOLVED that this Resolution be recorded in the 30 minutes of this Board and in the records of the Petition for which the 31 extension is granted. 32 33 34 PAGE JAN 21 1997 1 2 5 6 '7 10 11 12 14 15 16 1'] 18 19 2O 21 22 24 25 26 2'7 28 3O Co~missioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner , and upon roll call, the vote vas: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of , 1997. BOARD OF COUNTY COKHISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FO~M AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY PINE RIDGE CENTER PUD/19067 PAGE AG£N,t,~.tT[ M . No. ~ JAN 2 1 1997 OROZXA~¢E 87-_ ~ ., ,~. Zh~RC~G~ CO~RC~ USES TO& ~RO~ ; ~[~, Dr. Xeno J. SPalna zepresentlnS Jer~ rake',~ petitioned the Board o~ Co~t7 CalsSl~ers to change the o~n8 Classification of the herein described real propertT; ~ NO~, T~P~TORE BE IT OP~M~ b7 the ~oard o~ Count7 ' '...:. Co~issioners of Collier CountT~ ~lorlda: . . ~e Zo~ng Classi~lcation of the bere~ describea rea~ ~r~er~7" CountT, Tloriga is changed ~rom A 2 to "~" ~l~ea gait De~elo~ent i= accordance ~th the ~ doc~eat nttac~ea ~reto ~ ~iSit vhicb is incorpoTated herein a~d b7 reference ~e ~art hereof. ~e O~ficial Zonin8 Atlas ~p N~ber ~-26-3, ~ gescribe8 ia Otaiunce 82-2, ..~:j~,.. is hereby aaendeg accordinsly. -. This Ordinance shall bec~e e~Iective apoa receipt e~ notice that is has been filed ~th the Secreta~ of State. DATE: Din:ch 24, 1967 .¢..-~...-.::..-X C~..'N ~ · ' .' ,~'~"~S 'C. ~LES, ~ REZONE PETITION FROH A-2 RUP. AL ACRICULTURE TO PUD (PLANNED UNIT DEVELOPMENT) MR. JERR~ DRAKE 2391 CR ~51~ ONIT A NAPLES, FLORIDA 33999 PLANNING CONSULTANT NENO J. SPAGNA, AICP, PRES. FLORIDA DRBAN INSTITUTE, INC.' ENGINEERS NOLE, MONTES AND ASSOCIATES 715 I~TH STREET SOUTH NAPLES, FLORIDA 3394~ DATE ISSUED DATE APPROVED BY CCPA DATE APPROVED BY BCC ORDINANCE NUMBER TABLE OF CONTENTS SUBJECT TABLE OF CONTENTS SECTION 1 1.1 PURPOSE 1.2 LEGAL DESCRIPTION 1.3 PROPERTY OWNERSHIP 1.4 GENERAL DESCRIPTION OF PROP£RTY 1.5 CURRENT ZONING 1.6 COMPREHENSIVE PLAN 1.7 PHYSICAL DESCRIPTION 1.8 £NVIRONM£NTAL IMPACT STATEMENT SECTION 2. (PROJECT DEVELOPMENT) 2.1 PURPOSE 2.2 GENERAL 2.3 MASTER PLAN AND LAND USE 2.4 PHASES OF D£VELOPMENT 2.5 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS 2.6 PUD CONCEPTUAL SXTE PLAN APPROYAL PROCESS 2.7 SITE DEVELOPMENT PLAN APPROVAL PROCESS SECTION 3 (LAND USE REGULATIONS) 3.1 PURPOSE 3.2 PERMITTED PRINCIPAL USES AND STR0CTURES 3.3 PERMITTED ACCESSORY USES AND STRUCTURES 3.4 PERMITTED PROVISIONAL USES AND STRUCTURES 3.5 PROHIBITED USES AND STRUCTURES 3.6 DEVELOPMENT STANDARDS SECTION 4 (GENERAL DEVELOPMENT REOU1REMENTS) 4.1 PURPDSE 4.2 PUD MASTER PLAN 4.3 ACCESS TO PROPERTY 4.4 PRIVATE ROADS 4.5 SOLID WASTE DISPOSAL 4.6 ELECTRICXTY, TELEPHONE, CABLEVXSXON SECTION 5 (DEVELOPMENT CO4~MITMENTS) 5.1 ENVIRONMENTAL PROTECTION 5.2 TRAF£XC 5.3 ENGINEERING 5.4 WATER MANAGEMENT REQUIREMENTS PAGE ~UMB£R -1- -1- -13- . -13- . **.*,~<> -1S- ~ :.' :~.:." · -16- "~".'*.' ...~,::,'*'?~ -17- '.:*' ' · ...':.'-~. ;. -17- ...,<:.' .: "-17- '-"'::~'.-:.;."~::'L . -17- -17- ' ';.?~:. ...-17- "' '"' ' ':' ' -2e- '. · -2 e- : ...'..'.' '. ' . ... ..:~;,...;...:.:~ ... :. · :.2t_21- .,.~¥,1~.~.~:; -:212 · :'":"..' ' ' -22- ..!., . -22- SUBJECT 5.$ COUNTY UTILITIES 5.6 ENVIRONMENTAL HEALTH D£PARTM~NT 5.7 COLLIER COUNTY PLANNING AGENCY LIST OF FIGURES SUBJECT NUHBER PAG~ -23- -23- -23- PAGE FIGURE 1. FIGURE 2. FIGURE 3. LOCATION MAP SOIL CLASSIFICATION MAP MASTER PLAN -2- :. ':..:. SECTION 1.1 1.2 _1.3 PURPOSE THE PURPOSE OF THIS SECTION IS TO SET FORTH TEE ~ATION AND OWNER- SHIP OF THE PROPERTY, AND TO DESCRIBE THE EXISTING CONDITIONS OF THE PROPERTY PROPOSED TO BE DEVELOPED UNDER THE PROJECT NANE or PINER- IDG£ CENTER. LEGAL DESCRIPTION SEE ATTACHMENT B. OF PETITION FORM. PROPERTY OWNERSHIP THE SUBJECT PROPERTY IS C~NED BY: JAMES J. DOVOLIS, TRUSTEE 60?5 PELICAN BAY BOULEVARD NAPLES, FLORIDA 33963 1.4 GENERAL DESCRIPTION OF PROPERTY THE PROJECT SITE IS LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD APPROXIMATELY 1/2 MILE WEST OF I-7S INTERCHANGE, SEE FIGURE 1., AND CONSISTS OF APPROXIMATELY 8.7% ACRES OF LAND. 1.5 CURRENT ZONING THE CURRENT ZONING IS A-2 RURAL AGRICOLTURE DISTRICT. 1.6 COMPREHENSIVE PLAN THE COMPREHENSIVE PLAN DESIGNATES THE SUBJECT PROPERTY AS BEING WITHIN THE "URBAN AREA' OF COLLIER COUNTY. 1.7 PHYSICAL DESCRIPTION THE PROJECT SITE CONSISTS OF APPROXIMATELY 8.74 ACRES OF LAND. THE EXISTING ELEVATION IS APPROXIMATELY 12 FEET NGVD. 1.8 ENVIRONMENTAL IMPACT STATEMENT AS REOUIRED BY ORDINANCE T?-66 APPLICANT INFORMATION NAME, ADDRESS .. A. JERRY DRAKE - INCOM OF NAPLES, INC. 2301CR 951 SUITE A. NAPLES, ~LORIDA 33963 Q. AFFIDAVIT OF PROOF OF AGENT -1- A. SEE ATTACHMENT A. OF PETITION FORM. (2) DEVELOPMENT AHD SITE ALTERATION INFORMATION O. DESCRIPTION OF PROPOSED USE AD FAST FOOD RESTAURANT, CONVENIENCE STORE AND FUEL DISPENSING FACILITY AND ANY OTHER USE PERMITTED BY THIS PUD DOCUMENT. LEGAL DESCRIPTION OF SITE A. SEE ATTACHMENT B. OF PETITION FORM O- LOCATION AND ADDRESS DESCRIPTION A. LOCATED ON THE SOUTH SIDE OF' PINE RIDGE ROAD APPROXIMATELY 1/4 MILE WEST OF 1-75 INTERCHANGE. THE COUNTY HAS NOT ASSIGNED THE PROPERTY AN ADDRESS TO DATE. (3] MAPPING AND SUPPORT GRAPHICS O. GENERAL LOCATION MAP A. SEE FIGURE 1. O- AERIAL PHOTO OF SITE W~TH BOUNDARIES DELINEATED ' A. INCLUDED AS PART OF THIS DOCUMENT ':' '..*-' O. TOPOGRAPHIC MAP SHOWING UPLAND AND BATHYMETRIC CONTOURS IF APPLICABLE A. NOT AVAILABLE AT THIS TIME. ' " ~:"'? .. Q. EXISTING LAND USE OF SITE AND SURROUNDING AREA · A. THE SUBSECT PROPERTY AS WELL AS ALL THE SURROUNDING PROPERTY IS CURRENTLY VACANT. Q. LOCATION OF SAMPLING STATIONS AND/OR TRANSECT LINES IF APPROPRIATE NONE KNOWN TO EXIST ON OR NEAR THE SUBJECT PROPERTY DRAINAGE PLAN A"DRAINAGE PLAN HAS BEEN SUBMITTED TO AND REVIEWED BY THE ~'.~"'%.~' WATER MANAGEMENT BOARD . · ' ' -" ' <".";'.~: DEVELOPMENT PLAN INCLUDING PHASING PROGRAM, SERVICE AREAS OF '~. :; EXISTING AND PROPOSED PUBLIC F~CILITXES, AND EXISTING AND *i-" .... PROPOSED TRANSPORTATION RETWORK IN THE IMPACT AREA ~:.{..'. :- -3- A. PLEASE SEE MASTER PLAN LAYOUT, FXGURE 3. IT IS THE INTENT OF THE PETITIONER TO COMMENCE DEVELOPMENT UPON APPROVAL BY THE COUNTY AND TO CONTINUE DEVELOPMENT IN AN ORDERLY MANNER UNTIL FULLY DEVELOPED. IT IS ESTIMATED THAT BUILD-OUT gILL TAK£ 3- YEARS FROM DATE OF APPROVAL OF PETITIO~ AS FOLLOWs: PHASE i (1986-1987): DEVELOPMENT OF PARCELS 1, 2. 3, I AND RELATED SITE PREPARATION, ROAD SYSTEM AND LANDSCAPING. PHASE 2 (1987-1989): DEVELOPMENT OF PARCELS 4, 5, 6, AND 7. IT IS THE INTENT OF THE PETITIONER.THAT. THE EXISTING ROAD' N£TWORK, I.E., PINE RIDGE ROAD AND 1-?S BE UTILIZED AS THE TRANSPORTATION SYSTEM. A CLEARLY DELINEATED GRAPHIC REPRESENTATION OF THE MAJOR VEGETATION COMMUNITIES, SEE AERIAL PHOTO. ALL OF THE MAJOR ORIGINAL VEGETATION COMMUNITIES HAVE BEEN ELIMINATED AS A RESULT OF THE SUBJECT PROPERTY HAVING BEEN U'SED FOR FARMING DURING THE PAST SEVERAL DECADES. THE NORTH FIVE ACRES, MORE OR LESS, HAS BEEN USED FOR ROW CROPS BELIEVED TO BE TOMATO CROPS. THE SOOTHERN FIVE ACRES, MORE OR LESS, HAS BEEN SELECTIVELY CLEARED AND IT IS BELIEVED THAT THIS PORTION OF THE PROPERTY WAS FORMERLY USED FOR PASTURE. (4) IMPACT CATEGORIES: BIO-PHYSICAL OD AD CHANGE IN LEVEL OF AIR POLLUTANTS DEFINED BY THE CURRENT REGULATIONS . NO MEASURABLE CHANGE IN LEVEL OF AIR POLLUTANTS IS ANTICI- '"~."" PATED IN-AS-MUCH AS THE TYPE OF USE REQUESTED IS A USE WHICH "' SHOULD NOT EMIT PARTICULATE MATTER INTO THE AIR WHICH CAUSES - POLLUTION. " Q. NUMBER OF PEOPLE THAT WILL BE AFFECTED BY AIR POLLUTION A. NONE Q. PROCEDURES THAT WILL BE USED TO REDUCE ADVERSE IMPACTS OF AIR POLLUTION A. NO ADVERSE ~R POLLUTION IMPACTS ARE ANTICIPATED WATER QUALITY '~ '-.' Q. CHANGES IN LEVELS OR TYPES POLLDTION AS DEFINED BY CURRENT REGULATIONS A. NO CHANGES IN LEVELS OR TYPES WATER POLLUTION IS ANTICIPATED ' ' INVENTORY OF WATER DSES THAT ARE RESTRICTED OR PRECLUOEO BECAUSE OF POLLUTION LEVELS RESULTING FROM THIS PROJECT A. NO CHANGE IN POLLUTIONS LEVEL WHICH WOULD RESTRICT OR PRE- CLUDE THE INVENTORY OF WATER USE IS ANTICIPATED Q. PERSONS AFFECTED BY WATER POLLUTION RESULTING FROM THE PRO- JECT 'A. NONE ARE ANTICIPATED Q. PROJECT DESIGNS AND ACTIONS WHICH WILL REDUCE ADVERSE IMPACTS OF WATER POLLUTIOH A. DRAINAGE SWALES WILL BE DESIGNED INTO THE PROJECT TO CATCH AND FILTER STORM WATERS FROM THE SORFACE RUN-OFF BEFORE IT IS ALL~qED TO ENTER ANY WATERS WHICH MIGHT OTHERWISE BECOME POLLUTED 3. PHYSIOLOGY AND GEOLOGY Q. A DESCRIPTION OF THE SOIL TYPES FODND IN THE PROJECT AREA A. LEIGHTY 1/ DESCRIBES THE SOIL TYPE OF THE PROJECT AREA AS '. AaS, ARZ~LL FINE SAND. THE ARZELL FINE SANO CLASSIFICATION CHARACTERIZED AS HAVING A LEVEL, NEARLY LEVEL, OR '-" RAPID WHEN FREED OF HIGH WATER TABLE, SLIGHTLY ACID TO NEU~ TRAL ACIDITY, AND THE PRINCIPAL VEGETATION BEING SLASH PINE, SHRUBS, GRASSES AND SOME CYPRESS OR PRAIRIE, SEE FIGURE 2. ,~'.'.- Q. AREAL EXTENT OF TOPOGRAPHIC MODI'FICATION THROUGH EXCAVATION,~''' ' ''' DREDGING AND FILLING. .. .. ,-~. A. NO DREDGING AND FILLING IS ANTICIPATED FOR THE SITE. EXCAVki%~'~'' TION WILL BE LIMITED TO THE EXTENT NECESSARY FOR RAISING .: THE BUILDING SITES, ROADS AND OTHE~ SITE IMPROVEMENTS, AND THE CREATION OF A SMALL WATER RETENTION AREA SDFFICIENT IN SIZE TO HANDLE THE WATER MANAGEMENT SYSTEM REQUIREMENTS. REMOVAL AND/OR DISTURBANCE OF NATURAL BARRIERS TO STORM WAVES AND FLOODING A. NONE Q. M~DIFICATION TO NATURAL DRAINAG~E PATTERNS .-<~.". : · , = .... , .' ..~ . .~.:.-'~.:i'.?...._ - .- A. THERE ARE NO PLANS TO MODIFY THE PERIPHERAL DRAINAGE PAT- ."; '~':: TERNS. .1. · ~ .... . 1_/ LEIGHTY, RALPH G., SOIL SURVEY OF COLLIER COUNTY, FLORIDA, U.S.D.A., SERIES 1942, NO. $ ISSUED MARCH 1954~ -5- ce ?* , o o 1,10 N E - I,,1A G~ pATT£RNS A ODIFICATION .TO NATURAL DRAI _.~ v~l liERAL DRAINAGE pAT- Q' - - NS TO 0 , ,r'rlE~r- A'RE ~ _ ..v 'rD TNt. E%~r'_NT. ~' TERNS' - -''L bE ~OOIFIED--.~."~N lcCOROl~.t~ 0 E~ __ .Rr~ TO BE AD ESTIM?,TED AT 2o-3~ pERc~T oF ,TOTAL ARE~': " ~D~N O~_~.~E ~t.L ~TER RETE~$~ .,~TER SUPPL~- ~RTER T~BDE. wETLANDS . TBERE ARE NO WETLANDS ON THE sUBJECT pROPERTY- .TypES, AS A pERcENTAGE UPLAND UTILIZATION AND wILDLIFE OF Q ACRES TO gE CtEARED, bY VEGETATION · THE TOTAL pROJECT AREA- ll ACRES (69 -79 pERCENTS' OF THE ORsIsTING ...r y 5.24 - ~ ar yEGETATION_~.,e RAZ1LIAN PEP- p~OpERTY wILL_..~ pALMETTu O~-scRTTERED i LD GRAPE AND poiSON IYY' pER, W _ .y COMMUNITY TYPES' THAT wILL b~ .~" WILL BE ~iNOR DUE TO THE SMALL. :..... · ToRBANC£ SITE -"" NUMBER AND TYPES OF R~RE AND ENDANGERED sPECIES, gOTH FLORA ESTIMATED CHANGE IN THE DOCKSIDE LANDING OF COliMERCIAL FISH AND SHELLFISH A. NONE ESTIMATED CHANGES IN SPORT FISHING EFFORT AND CATCH A. NOT APPLICABLE 0. PAST HISTORY OF OIL SPILLS IH OR NEAR THE pROJECT AREA A. NO KNOWN OIL SPILLS ON OR NEAR THE SITE. NOISE DESCRIBE THE CHANGE IN DECIBELS AND DURATION OF NOISE GENER- .. ATED DURING AND AFTER THE PROJECT (BOTH DAY AND NIGHT) THAT WILL EXCEED COLLIER COUNTY REGULATIONS .- A. OCCASIONAL NOISE CAN BE EXPECTED DURING THE SITE PREPARATION · AND CONSTRUCTION PERIOD, THIS NOISE PERIOD WILL BE OF SHORT .';" DURATION AND WILL BE DISCONTINUED AFTER THE CONSTRUCTION '~'" .' PERIOD IS COMPLETED. .: :>, Q. PROJECT, COMPLIANCE WIT}{ FEDERAL AID NIGH,CAY PROGRAM MANUAL ..,,..,, .~.,:. A. THIS PROGRAM NOT APPLICABLE TO THIS PROJECT PUBLIC FACILITIES AND SERVICES Q. WASTEWATER MANAGEMENT '?: '.::'-:~';:"'" O. WATER SUPPLY .. A. PRIVATE WELL OR IN THE ALTERNATIVE, CITY SYSTEM. 10. SOLID WASTES ESTIMATE OF AVERAGE DAILY VOLUME OF SOLID WASTES PARCEL 1'. (FAST FOOD) 4 LBS./180 SQ. FT. FLOOR AREA/DAY (4 X 38.6 ' 155 LBS./DAY). SOURCE: DER ESTIMATE .... : ..., .~ PARCEL 2. (CONVENIENCE COMMERCIAL) 4 LBS./I$8 SQ. FT. '"<-'~.~.-':~ FLOOR AREA/DAY - (4 X 28 - 112. LBS./DAY). SOURCE: DER MATE , ...:~:'..' PARCEL 4, 5, 6, 7. (COMMERCIAL) 4 LBS./I~S SQ. FT. FLOOR -9- F-T-..'. r; rd F':- '0. A. 11. AREA · (4 X 396 ' 1,584 LBS./DAY). SOURCE: DER ZSTIMATE TOTAL: 1,711 LBS./DAY pROPOSED METHOD OF DISPOSAL OF SOLID WASTES SOL~D WASTES TO BE COSLECTED BY YAHL BROTHERS DISPOSAL VICE AND DISPOSED OF IN THE COUNTY LANDFILL. ANY PLANS FOR RECYCLING OR RESOURCE R£COVERY NO RECREATION AND OPEN SPACE " Q. ACREAGE AND FACILITIES DEMAND RESULTING FROM THE USE NONE AMOUNT DF PUBLIC PARK/RECREATION LAND DONATED BY THE DEV£L- OPER ' NONE ' MANAGEMENT PLANS FOR ANY OPEN WATER AREAS IF ONE-ACRE OR -'.-a2:.;:: NORr WITHIN THE PROJECT " '>-'' THE WATER RETENTION AREA WILL BE SUITABLY LANDSCAPED AND -. :>.Y.'.. MAINTAINED AS A PASSIVE OPEN SCACE AREA. PLANS FOR RECREATIONAL DEVELOPMENT BY THE DEVELOPER ON DEDI- CATED LANDS .-'..;~jiL:.: · :..'% :.: NONE ' .{ .'.-.-~/ AHOUNT OF PUBLIC RECREATION LANDS REMOVED FROM INVENTORY BY . .'. THE NU~ USE A. NONE Q. DEVELOPMENT AND/OR BLOCKAGE OF ACCESS TO PUBLIC BEACHES OR WATERS 12. A. NONE AEST'HETIC AND CULTURAL FACTORS ":':'' ' Q. ANY HISTORIC/ARCHAEOLOGICAL SURVEYS THAT HAVE BEEN CONDUCTED ':.:":" A. NONE ARE BELIEVED ?0 HAVE BEEN MADE. Q. ANY KNC~N HISTORIC OR ARCHAEOLOGICAL SITES AND THE RELATION- SHIP OF DESIGNATED FUNCTIONS OF THE USE A. NO KNOWN HISTORIC OR ARCHAEOLOGICAL SITES ARE BELIEVED TO EXIST ON THE SITE O. PROJECT DESIGN AND ACTION THAT WILL PRESERVE THE HISTORIC/ ARCHAEOLOGICAL INTEGRITY OF THE SITE · A. NOT APPLICABLE SINCE NO HISTORIC/ARCHAEOLOGICAL SITES EXIST ON THE SITE. THE DEGREE TO WHICH NATURAL SCENIC FEATURES WILL BE MODIFIED BY THE NCN USE AND PROJECT DESIGN AND ACTION THAT WILL PRE- SERVE AESTHETIC VALUES OR MINIMIZE THEIR DEGRADATION A. NO KNC~ NATURAL SCENIC FEATURES EXIST ON THE SUBJECT SITE. O. PROVIDE THE BASIC ARCHITECTURAL AND LANDSCAPING DESIGNS A. WILL COMPLY WITH ALL COUNTY REQU1RLMENTS MONITORING 0. 13. - · -r' DESCRIBE THE DESIGN AND PROCEDURES FOR ANY PROPOSED MONITOR- '.,.TV. ' .:.,. -...-.% lNG DURING AND AFTER SITE PREPARATION AND DEVELOPMENT ': A. ALL SiTE PREPARATION ACTIVITY WILL BE CAREFULLY MONITORED TO'"'~'~'"";' INSURE, AS MUCH AS POSSIBLE, THAT NO SIGHIFICANT DAMAGE -"~'-".; OCCURS TO THE ENVIRONMENT AFTER CONSTRUCTION, PERIODIC '"; INSPECTIONS WILL BE MADE TO INSURE THAT EXOTIC PLANTS ARE "' "'; PREVENTED FROM ESTABLISHING THEMSELVES AS THE DOMINANT VEGE- " TATI VE COVER. .... - . '..:-.:. -.',.';:'.[.:,~ .-,.,.:' 14. GENERAL: ADDRESS THE FOLLOWING ' ':":~'.>,-~....~ Q. THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION. '' :'"~: ' A. THE PETITIONER PROPOSES TO DEVELOP THE PROPERTY IN A MANNER WHICH IS CONSISTENT WITH THE HAXIMUM PROTECTION OF THE ENVI- RONMENT. ALL EXOTIC PLANT SPECIES WILL BE RE.MOVED AND ALL LANDSCAPING WILL BE DONE WITH INDIGENOUS PLANT SPECIES. THE ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED :. SHOULD THE PROPOSAL BE IMPLEMENTED AS CAN BE E~ECTED WHEN UNDEVELOPED LAND IS CONVERTED TO URBAN USE, SOME ADVERSE ENVIRONMENTAL EFFECTS, WHICH ARE ...~, .... ..~ UN-AVOIDABLE, WILL RESULT. " IN THE CASE OF THIS PRO3ECT, THESE IMPACTS ARE LIMITED AND WILL CONSIST PRIMARILY IN THE INCREASE OF TRAFFIC AND HUMAN " ACTIVITY. - Ao (2) THE PETITIONER PROPOSES TO CONTROL TRAFFIC BY LIMITIWG INGRESS AND EGRESS TO CERTAIN KEY L~X~ATIONS ON PINE ~IDGE ROAD WHICH WILL MINIMIZES THE CONFLICT BETWEEN AUTOMOBILES ENTERING AND DEPARTING THE SITE AND THE THROUGH TRAFFIC ROUND TO OR FROM 1-75 AND OTHER POINTS OUTSIDE THE IMMEDIATE SITE AREA TH~ RELATIONSHIP BETWEEN LOCAL SHORT-TE~M USES OF ~AN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCL~ENT OF LONG-TERM PRODUCTIVITY OF THE ENVIRONMENT. THE PROPOSED PROJECT WILL ENHANCE THE LONG-TERM PRODGCTIVITY OF THE ENVIRONMENT IN TWO MAJOR'RESPECTS: ALL EXOTIC PLANT SPECIES WILL BE REMOVED FROM THE SITE AND PREVENTED FROM RE-ESTABISHING THEMSELVES. THIS WILL PERMIT THE INDIGENOUS PLANT SPECIES AN OPPORTONITY TO ~ROW ANO REACH MATURITY WITHOUT THE THREAT OF BZING OVER-P~{ERED BY .' THE EXOTICS. THIS WILL PROVIDE A MUCH MORE NATURAL ENVIRON- MENT CONSISTENT WITH THE VEGETATIVE REGIMES NATIVE TO SOUTH- WEST FLORIDA. . THE CONSTRUCTION OF THE WATER RETENTION AREA AS PART OF THE. WATER MANAGEMENT SYSTEM WILL PERMIT RAIN WATER TO SEEP INTO THE UNDERGROUND ACQUIFER INSTEAD OF DRAINING INTO THE PER- IPHERAL DITCHES AND BEING CARRIED OUT OF THE AREA ~.~ IS THE PRESENT CASE. · ~ '..'-~ 2.1 2.2 2.3 2.4 sECTION 2 pRoJECT DEVELOPMENT puRPOSE . . THE puRPOSE O~ T~IS SECTION IS TO DELINEATE AND GENERALL~ DESCRIBE THE pRoJECT pLAN OF DEVELOPMENT, THE REsPECTIYE USES OF THE pARcELS iNcLUDED IN ~HE pRoJECT, AS WELL AS THE pRoJECT cRITERIA FOR FUTURE DEVELOPMENT' 2.5 GENERAL 1. REGULATIONS FOR DEVELOPMENT OF THIS pRoJECT SHALL BE IN AccoRDANCE WITH TM£ CONTENTS OF THIS DOCUMENT, PUD- pLANNED UNIT DEVELOPMENT DISTRICT AND; OTHER APPLICABLE SECTIONS AND pARTS OF THE cOLLIER couNTY zONING ORDI- NANCE. UNLESS OTHERWISE NOTED, THE DEFINITIONS OF ALL TERMS SHALL BE THE SAME AS THE DEFINITIONS SET FORTH IN THE coLLIER COUNTY ZONING ORDINANCE. . MASTER pLAN AND ~ DSS '":!";' THE ~ASTER pLAN cONSISTS OF AN OVERALL LAYOUT OF AppROXIMATELY 8.74 ACRES OF iNTERCHANGE RELATED LAND AND .~'.; ITS RELATED STREETS, OFF-STREET pARKING, OFF-STREET LOAD- . lNG/UNLOADING AND A WATER RETENTION AREA, SEE FIGURE 3.  OPMENT, SEE MASTER p~N ,. ...2 THE pETITIONER INTENDS TO BEGIN CONSTRUCTION OF THE BUILDINGS, ROADS, DRAINAGE, AND OTHER SITE iMPROV~£NTS i~EDIATELY UPON AppROVAL OF THE pETITION BY THE COUNTY AND coNTINUE woRKING UNTI! ALL OF THE SITE lmPROVILMENTS ALONG WITH ALL REQUIRED BUILDINGS ARE CoMpLETED IN ACCORDANCE WITH THE cONDITIONS OF T. HE AppRoVED pUD DOCUMENT AS FOLLOWS: pHASE 1 (1986-1987}: DEVELOPMENT OF pARCELS 1, 2. 3, ~ AND RELATED SITE pREpARATION, ROAD SYSTEM AND LANDSCAPING- PHASE ~ {19~7-1989): DEVELOPMENT OF pARCELS 4, 5, 6, AND 7.. . · . f :. -... · ~....?~ · D {fACTION~IZATIO" OF TRAcT~S " "" DEVELOPMENT AN 1. WHEN THE DEVELOPER sELLS AN ENTIRE TRACT OR A BUILDING pARCEL (FRACTION OF A TRACT) TO A SUBSEQUENT OWNER, OR pRO- poSES DEVELOPMENT OF SUCH pROPERTY HIMSELF, THE DEVELOPE~ sHALL pROVIDE TO THE ZONING DIRECTOR FOR AppRoVAL, pRIOR T¢ THE DEVELOPMENT OF THE TRACT BY THE DEVELOPER OR pRIOR TO THE SALE TO A SUBSEQUENT ~NER OF SUCH pROPERTY, A BOUNDARJ DRAWING SHOWING THE TRACT AND THE BUILDING pARcEL THEREIN [-- 2.6 {WH£N APPLICABLE) AND THE SQUARE FOOTAGE ASSIGNED TO THE PROPERTY. THE DRAWING SHALL ALSO SHC~ THE LOCATION AND SIZE OF ACCESS TO THOSE FRACTIONAL PARTS THAT DO NOT ABUT A PUB- LIC STREET. IH THE EVENT ANY TRACT OR BUILDING PARCEL IS SOLD BY ANY SUB-SEQUENT OWNER, AS IDENTIFIED IN SECTION 2.5.1, IN FRAC- TIONAL PARTS TO OTHER PARTIES FOR DEVELOPMENT, THE SUBSEQUENT (~4NER SHALL PROVIDE TO THE ZONING DIRECTOR FOR APPROVAL, PRIOR TO DEVELOPMENT OF THE TRACT BY THE DEVEL- OPER OR PRIOR TO THE SALE TO A SUBSEQUENT OWNER OF A FRAC- TIONAL PART, A BOUNDARY DRAWING SHOWING HIS ORIGINALLY PUR- CHASED TRACT OR BUILDING PARCEL AND THE FRACTIONAL PART THEREIN AND THE SQUARE FOOTAGE ASSIGNED TO £ACH OF THE FRAC- TIONAL PARTS. THE DRAWING SHALL ALSO SHOW THE LOCATION AND SIZE OF ACCESS TO THOSE FRACTIONAL PARTS THAT DO NOT ABUT A PUBLIC STREET. THE DEVELOPER OF ANY TRACT MUST SUB~IT A CONCEPTUAL SITE PLAN FOR THE ENTIRE TRACT IN ACCORDANCE WITH SECTION 2.6 OF THIS DOCUMENT PRIOR TO FINAL SITE PLAN SUBMITTAL FOR ANY PORTION OF THAT TRACT. THE DEVELOPER ~Y CHOOSE NOT TO SUBMIT A CONCEPTUAL SITE PLAN FOR THE ENTIRE TRACT IF A FINAL SITE PLA:; IS SUE~ITTED AND APPROVED FOR THE ENTIRE TRACT. 4. THE DEVELOPER OF ANY TRACT OR BUILDING PARCEL MUST SUBMIT, PRIOR TO OR AT THE SAME TIM, E OF APPLICATION FOR A EUILDING PERMIT, A DETAILED SITE DEVELOPMENT PLAN FOR HIS TRACT OR .-'.. PARCEL IN CONFORY. ANCE WITH THE ZONING ORDINANCE REQDIR~.'IENTS : ':. FOR SITE DEVELOPMENT }LAN APPROVAL. THIS PLAN SHALL BE IN COMPLIANCE WITH ANY AP}ROVED CONCEPTUAL SITE PLA:! AS WELL AS ". ALL CRITERIA WITHIN TE'S DOCUMENT. ./._..:, 5. IN EVALUATING THE FRAOTIONALIZATION PLANS, THE ZONING DIREC-' ' ;'' TOR'S DECISION FOR AP}.;.OVAL OR DENIAL SHALL BE BASED ON COMPLIANCE WITH THE CRITERIA AND THE DEVELOPMENT INTENT AS SET FORTH IN THIS DCC,".".ENT, CONFORMANCE WITH ALLOWASLE AMOUNT OF BUILDING SQUARE FOOTAGE AND THE REASONABLE ACCES- SIBILITY OF THE FRACTIO:;AL PARTS TO PUBLIC OR PRIVATE ROAD- WAYS, COMMON AREAS, OR OTHER MEANS OF INGRESS AND EGRESS. 6. IF APPROVAL IS NOT ISSUED WITHIN TEN (1~) WORKING DAYS, THE SUBMISSION SHALL BE CONSIDERED ~UTOMATICALLY APPROVED. PUD coNCEPTUAL SITE PLAN APPROVAL PROCESS WHEN PUD CONCEPTUAL SITE PLAN APPROVAL IS DESIRED OR REQUIRED BY THIS DOCUMENT, THE FOLLT~ING PROCEDURE SMALL BE FOLLY&ED: A WRITTEN REQUEST FOR CONCEPTUAL SITE PLAN APPROVAL SHALL BE SUBMITTED TO THE DIRECTOR FOR APPROVAL. THIS REQUEST SHALL INCLUDE MATERIALS NECESSARY TO DEMONSTRATE THAT THE APPROVAL -15- SECTION 3 LAND USE REGULATIONS 3.1 PURPOSE IT IS THE PURPOSE OF THIS SECTION TO OUTLINE THE LAND USE REGULA- TIONS OF THE PROJECT SO THAT THE DEVELOPMENT WILL PROCEED IN A MAN- NER WHICH IS CONSISTENT WITH THE PUD DOCUMENT AND ACCORDING TO THE GENERAL GOAL AND OBJECTIVES OF THE COUNTX'S COMPREHENSIVE PLAN. 3.2 PERMITTED PRINCIPAL USES AND STRUCTURES 1. AUTOMOBILE AND TRUCK FUEL DISPE'NSING- FACILITIES. 2. BUSINESS AND PROFESSIONAL OFFICES. 3. CONVEN]ENCE COMMERCIAL 4. MOTELS; HOTELS AND OTHER TRANSIENT LODGING FACILITIES ' ' 5. AUTOMOBILE RENTALS :... ,..: ::.. 6. RESTAURANTS (INCLUDING DRIVE-IN AND FAST FOOD RESTAURANTS) ...-.'..;.':.. 3.3 PERMITTED ACCESSORY USES AND STROCTURES -'- 1. ACCESSORY USES AND STRUCTURES CUSTOMARILY ASSOCIATED WZTH .'' :, USES PERMITTED IN THIS DISTRICT. .'.1"~':.- 2. CARETAKERS RESIDENCE, O~;E PER PARCEL OF LAND. ''."~-:..'.:.'~ 3.4 PERMITTED PROVISIONAL USES AND STRUCTURES .... ':"~"'-~ 1. ANY USE NOT SPECIFICALLY PERMITTED OR PROHIBITED WHICH OTHERWISE LAWFDL AND IS ZN KEEPING WITH THE OVERALL CHARAC- ".~:'= TER OF THE DISTRICT 3.5 PROHIBITED USES AND STRUCTURE 1. ANY USES OR STRUCTURES HOT SPECIFICALLY , PROVISIONALLY, OR BY REASONABLE IMPLICATION PERMITTED HEREIN / 3.6 DEVELOPMENT STANDARDS · :.:..-:' :, .'.= 1. MINIMUM LOT AREA: TEN THOUSAND [2{~,9~9) SQUARE FEET - . --~. .- ': 2. MINIMUM LOT WIDTH: lee FEET 3. MINIMUM YARD REQUIREMENTS. .v: --.... (1) FRONT YARD - SEVENTY-FIVE (75) FEET FROM A PUBLIC STREET. (2) (3) SIDE YARD - A BUILDING , PARKING AND I~PERVIOUS SETBACK OF THIRTY (38) FEET SHALL BE PROVID£D ALONG THE EAST AND WEST PROPERTY LIWES. THESE SETBACK STANDARDS MAY BE REDUCED TO A TEN (1~) FEET BUILDING AND PARKING SETBACK IF THE ADJOINING PROPERTIES TO THE WEST AND THE EAST DEVELOP WITH COMMERCIAL USES OF A SIMILAR CHARAC- tER. THIS SETBACK AREA SHALL BE KEPT I# NATIVE, NATURAL VEGETATION EXISTING ON THE SITE. ADDITIONAL NATIVE VEGETATION SHALL BE PLANTED IF NECESSARY TO OBTAIN EIGHTY (80) PERCENT OPACITY BETWEEN THREE {3) AND EIGHT (8) FEET ABOVE AVERAGE GROUND LEVEL WHEN VIEWED HORI- ZONTALLY FROM THE ADJACENT PROPERTIES. THIS BUFFER SHALL RESEMBLE THE NATURAL CHARACTERISTIC OF THE AREA AS MUCH AS POSSIBLE. THE BUFFER SHALL BE EIGHTY PER- CENT OPAQUE BY THE END OF ~EL~E (12) MONTHS FROM THE DATE OF PLANTING WHICH SHALL OCCUR PRIOR TO ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY FOR THE PAR- CEL. THE ADDITIONAL PLANTING FAY BE PHASED WITH DEVELOPMENT PHASING FOR FRACTIONALIZED PARCEL. (4) REAR YARD - TEN (16) FEET MAXIMUM HEIGHT OF STRUCTURES (1) FIFTY (50) FEET MINIMUM FLOOR AREA OF STRUCTURES . (1) lC~ SQUARE FEET FOR EACH PRINCIPAL STRUCT,~RE MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQU, IRE- ~,ENTS ...~ .,;. AS RECUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME OF AFPLICATION FOR CONSTRUCTION PERMITS . ';-.'.: SIGNS '--- ' '.i.' (1) AS REQUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME OF APPLICATION FOR CONSTRUCTION PERMITS - 8. LIGM 9. MINI LIGHTING FACILITIES SHALL BE ARRANGED IN A M~NNER WHICH WILL PROTECT ROA[~AYS AND ADJACENT PROPERTIES FROM DIRECT GLARE AND OTHER INTERFERENCES }...%. :. MUM LANDSCAPING REQUIRE~tENTS ' · . .. · ~" ' '.~..~'/~"Jz A BUFFER SHALL BE PROVIDED ALONG THE EASTERN, WESTERN ..... , AND NORTHERN EDGES OF THE PROPERTY IN ACCORDANCE WITH -18- THE STANDARDS O~ SECTION 8.37. IF ADJOINING PROPERTIES TO THE EAST AND WEST DEVELOP WITH NON-RESIDENTIAL USES THE BUFFER REQUIREMENTS TO THE EAST AND WEST WILL NOT BE REQUIRED. 10. FENCE REQUIREMENTS (1) AS REQUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME OF APPLICATION FOR CONSTRUCTION PERMITS. 11. TREATMENT OF SWALE AREAS LI'MITED WATER MANAGEMENT FNCILITIE$ (I.E. &'WALES) MAY BE LOCATED IN THIS SETBACK AREA; 'HU,{EVER, EVERY ATTL~PT SHALL BE MADE TO LIMIT THE AMOUNT OF TREE CLEARING. THE LANDSCAPE PLAN FOR THE BUFFER SHALL BE INCORPORATED INTO THE LANDSCAPE PLAN TO BE APPROVED BY THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND PLANNING/ZONING DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS. 12. AUTOMOBILE SERVICE STATION FACILITIES (1) TH'~ ~F.n?_v_F,__LOPMENT O,F ANY AUTOMOBILE OR TRUCK SERVICE FA~L--i-E-fTIES~EET THE STANDARDS OF SECTION 9.8 OF THE ZONING ORDINANCE UNLESS MORE RESTRICTIVE STANDARDS ARE REQUIRED BY THIS PUD DO(;UMENT. -19- 4.1 4.2 4.3 4.4 4.5 4.6 SECTION 4 GENERAL DEVELOPMENT REQUIREMENTS RURPOSE THE PURPOSE OF THIS SECTION IS TO SET FORTH THE GENERAL DEVELOPMENT REQUIREMENTS AND CONDITIONS FOR DEVELOPMENT OF THE PROJECT. PUD MASTER PLAN 1. THE PUD MASTER PLAN HEREIN IS INTENDED AS AN ILLUSTRATIVE PRELIMINARY DEVELOPMENT PLAN. THE DESIGN CRITERIA AND LAY- OUT ILLUSTRATED ON THE MASTER ~AN ~HALL BE UNDERSTOOD TO BE FLEXIBLE, SO THAT, THE FINAL DESIGN MAY SATISFY PROJECT CRITERIA AND COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS ORDI[IA~:CE. 2. ALL HECESSARY EASEMENTS, DEDICATIONS, OR OTHER INSTRUMENTS SHALl, BE GRANTED TO INSURE THE CONTINUED OPERATION AND MAINTENANCE OF ALL PUBLIC SERVICE UTILITIES. 3. MINOR DESIGN CHANGES SHALL BE PERMITTED WITH COUNTY STAFF ADMINISTRATIVE APPROVAL. ACC ESS TO PROPERTY ' ' '.~.:':. THE ACCESS TO T.E PROPERTY SHALL ~ ~MITED TO ONE POINT o~" ~:? pRIVATE ROADS 1. THE INTER[IAL ROAD SYSTEM SHALL BE PRIVATELY OWNED AND MAIN- .,2~C..~- TAINED BY THE PROPERTY OWNER OR ASSIGNS AND SHALL BE EXEMPT .....'..'.. FROM THE COUNTY SUBDIVISION REGULATIONS. SOLID WASTE DISPOSAL 1. ARRANGEMENTS AND AGREEMENTS SHALL BE MADE WITH THE APPROVED SOLID WASTE DISPOSAL COLLECTOR. ELECTRICITY, TELEPHONE, CABLEVISION 1. ARRANGE?.ENTS AND AGREEMENTS SHALL BE MADE WITH THE APPROVED CON?RACTORS FOR THE PROVISION OF SERVICES. . . !/:.....:.. :: · ' ...-; · i.? i.. :. :.. "- .-':';~.:,.i, .' '" ' '" - ':'- 'i SECTION DEVELOPMENT COMJ'~ITMENTS IF THIS PETITION IS APPROVED, THE PETITIONER STATES THAT HE WILL COMPLY WITH ALL OF THE COYDITIONS Or APPROVAL INCLUDING THE FOLLOWING: 5.1 ENVIRONMENTAL PROTECTION A SITE CLEARING PLAN SMALL BE SUBMITTED TO THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOP- MENT DIVISION FOR THEIR REVIEW AND APPROVAL PRIOR TO ANY SUBSTANTIAL WORK ON THE SITE..THIS PLAN MAY BE SUBMITTED IN PHASES TO COINCIDE WITH THE DEVELOPMENT SCHEDULE. THE SITE CLEARING PLAN SHALL CLEARLY DEPICT HCM THE FINAL LAYOUT INCORPORATES RETAINED NATIVE VEGETATION TO THE MAXIMUM POS- SIBLE AND HCa4 ROADS, BUILDINGS, LAKES, PARKING LOTS, AND OTHER FACILITIES HAVE BEEN ORIENTED TO ACCOMMODATE THIS GOAL. NATIVE SPECIES SHALL BE UTILIZED, WHERE AVAILABLE, TO THE MAXIMUM EXTENT POSSIBLE IN THE SITE LANDSCAPING DESIGN. A " LANDSCAPING PLAN WILL BE SUBMITTED TO THE NATURAL RESOURCES M~NAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOPMENT DIVISION '3. FOR THEIR REVIEW AND APPROVAL THIS PLAN WILL DEPICT THE ..7:'. INCORPORATION OF NATIVE SPECIES, IF ANY. THE GOAL OF SITE OR DUE'TO PAST ACTIVITIES. ''"~': ALL EXOTIC PLANTS, AS DEFINED IN THE COUNTY CODE, SHALL BE '.C-'v-' REMOVED DURING EACH PHASE OF CONSTRUCTION FROM DEVELOP HENT -.";':.1 AREAS, OPEN SPACE AREAS, AND PRESERVE AREAS. FOLLOWING SITE DEVELOPMENT A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED TO '-~ ' PREVENT RE-INVASION OF THE SITE BY SUCH EXOTIC SPECIES. THIS PLAN, WHICH WILL DESCRIBE CONTROL TECHNIQUES AND ...~;.~..~. INSPECTION INTERVALS, SHALL BE FILED WITH AND APPROVED BY THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE CO~MU- .. i .... NITY DEVELOPMENT DIVISION. '.,-~, . IF DURING THE COURSE OF SITE CLEARING, EXCAVATION, OR OTHER CONSTRUCTION ACTIVITIES, ANY ARCHAEOLOGICAL OR HISTORICAL SITE, ARTIFACT, OR OTHER INDICATOR 1S DISCOVERED ALL DEVEL- OPMENT AT THAT LOCATION SHALL BE IMMEDIATELY STOPPED AND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT ~OTIFIED. DEVEL- OPMENT WILL BE SUSPENDED FOR A SUFFICIENT LENGTH OF TIHE TO ENABLE THE NATURAL RESOURCES H~NAGEMEHT DEPARTMENT OR A DESIGNATED CONSULTANT TO ASSESS THE FIND AND DETERMINE THE ",~-..:° PROPER COURSE OF ACTION IN REGARD TO ITS SALVAGEABILITY. THE i'~ 'l NATURAL RESOURCES MANAGEMENT DEPARTMENT SHALL RESPOND TO .'u:.'lk]:~f3' SUCH NOTIFICATION IN A TIMELY AND EFFICIENT MANNER SO AS TO :... : PROVIDE ONLY A MINIMAL INTERRU'PTION TO ANY CONSTRUCTION :.:.',,...:'.'.. ACTIVITIES. -21- · 2 5.3 THE PETITIONER SHOULD INVESTIGATE BERMING AND/OR OTHER PRU- DENT DESIGNS FOR THE DR! R£TENTION AREA IN THE SOUTHERN PORTION OF THE PARCEL. DESIGNS SHOULD SE ADOPTED TO MINI- MIZE HASITAT DESTRUCTIO# OF THE AREA. RETENTION SHODLD BE REVIEWED BY AND SUBJECT TO THE APPROVAL OF THE NRMD PRIOR TO ANY DEVELOPMENT, PETITIOt;ER WILL BE SUSJECT TO ORDINANCE 75-21 (eR THE TREE/VEGETATION R~MOVAL ORDINANCE IN EXISTENCE AT THE TIME OF P£R~ITTING), REQUIRING THE ACQUISITION OF A TREE REd, OVAL PER~IT PRIOR TO ANY LAND CLEARING. 1. THE EEVELCPER SHALL PROVIDE ARTERIAL LEVEL STREET LIGHTIiiG AT THE PROJECT ENTRANCE. 2. THE EE','ELO?ER SHALL PAY TOLL COST OF THE PROPOSED MEDIAN OPENING AND ITS ASSOCIATED LEFT TURN LANES. THE DEVELOPER SHALL DEDICATE UP TO 3e FEET OF ADDITIONAL RIGHT-CF-WAy ALONG THE SOUTH SIDE OF PINE RIDGE ROAD FOR FUIURE ROADWAY, BIKE PATH AND DRAINAGE IMPROVEMENTS. THESE REQUIREMENTS ARE CONSIDERED "SITE RELATED" AS DEFINED. IN ORDINANCE 85-55 AND SHALL NOT BE APPLIED AS CREDITS ...~... TOWARD ANY IMPACT FEES REQUIRED BY THAT ORDINANCE. THEY ' ' SHALL BE COMPLETED BEFORE ANY CERTIFICATES OF OCCUPANCY ARE ISSUED, EXCEPT THAT THE RIGHT-DF-WAY DEDICATION ~y BE ;'.'.~..:~ DELAYED UNTIL REQUESTED BY THE COUNTY. .. ENGI t;EER I NC THE MASTER PLAN SUBMITTED SHOWS TWO ENTRANCES ON PINE RIDGE ROAD. THE WEST ENTRANCE SHALL BE SPECIFIED AND DESIGNED FOR A RIGHT-IN, RIGHT-OUT ENTRANCE ONLY. (NOTE: THE PETITIONER HAS AGREED TO ELIMINATE THIS ENTRANCE. SEE 4.3 "ACCESS TO PROPERTY", PRECEDING). 2. SECTION 4.4 OF THE PUD DOCUMENT STATES THAT THE INTERNAL ROAD WILL BE PRIVATE AND SHALL BE EXL~PT FROM THE SUBDIVI- SION REGULATIONS. THE INTERNAL ROAD MAY BE PRIVATE, HOW- EVER, THE SUBDIVISION REGULATIONS SHALL APPLY TO THE PRO- JECT. SHOULD THE DEVELOPER WISH TO REQUEST AtlY SPECIFIC WAIVERS, SAID WAIVERS SHOOLD BE REQUESTED A~D GRANTED AS PART OF THE REZONE PROCESS. THE PETITIONER REQUESTS A WAIVER FROM THE ROAD CONSTRUCTION STANDARDS AS MAy BE '...L , REQUIRED TO.ACCOMMODATE THE DRAINAGE REQUIREMENTS AND SUS-.:.i-~"~..i;!''. JECT TO THE REVIEW AND APPROVAL OF THE COUNTY ENGINEER. '..'"'~.".%?"~ 3. THE MASTER PLAN, AS SUBMITTED, 'WILL REQUIRE THAT THE PRO- .4)'. ' ' JECT BE PLATTED. · 4. THE LOCATION OF THE INTERNAL ROAD ADJACENT TO THE EAST -22- PROPERTY LINE LENDS ITSELF TO USE BY THE ADJACENT PROPERTY AND SHOULD BE CONSIDERED. THIS IS OF PARTICULAR IMPORTANCE WHEN THE LOCATION OF THE EXISTING MEDIAN OPENING 1S CONSID- ERED SINCE IT LINES UP WITH THE PROPOSED ROAD SHC~iN ON THE MASTER PLAN. 5.4 WATER MANAGEMENT REQUIREMENTS: DETAILED SITE DRAINAGE PLANS SHALL BE SUBMITTED TO THE COUNTY ENGINEER FOR REVIEW. NO CONSTRUCTION PERMITS SHALL BE ISSUED UNLESS AND UNTIL APPROVAL OF THE PROPOSED CON- STRUCTION IN ACCORDANCE WITH THE SUBMITTED PLANS IS GRANTED BY THE COUNTY ENGINEER. CO~;STRUCTION OF ALL WATER MANAGEMENT FACILITIES SHALL BE SUBJECT TO COMPLIANCE WITH THE APPROPRIATE PROVISIONS OF THE COLLIER COUNTY SUBDIVISION REGULATIONS. 3. AN EXCAVATION PERMIT WILL BE REQUIRED FOR THE PROPOSED LAKE IN ACCORDANCE WITH COLLIER COUNTY ORDINANCE NO. 88-26, AS A~IENDED BY ORDINANCE NO. 83-3, AND AS MAY BE AMENDED IN THE FUTURE. 4. A STRIP OF LAND, NOT TO EXCEED 25 FEET IN WIDTH, ALONG THE El;TIRE PINE RIDGE ROAD FRONTAGE SHALL BE RESERVED FOR USE AS A FUTURE EASEMENT FOR ~ALE WIDENING AND MAINTENANCE PUR- 5. PRIOR TC COMMENCEMENT OF CONSTR~CTION, THE ADEQOACT OF THE D~NSTREAM CONVEYANCE ROUTE SHALL BE DEMONSTRATED TO THE · '~ WATER ~ANAGENENT DIRECTOR. .-' 6. PE?I?IONER SHALL BE REQUIRED TO PROVIDE DETENTION/RETENTION PRE-TREATZENT IN ACCORDANCE WITH S.F.W.M.D. "BASIS OF .~-:...~... REVIEW", SECTION 3.2.2.2.b AS PART OF THE DETAILED WATER ~......3... ~.: MANAGEMENT PLAN ..... 5.5 COUNTY UTILITIES 1. SEE MR. THOMAS A. DONEGAN LETTER OF AUGUST 13, 1986, ATTACHED. 5. 6 E'.;V!RON.MENTAL HEALTH DEPARTMENT 5.7 1. PACKAGE TREATMENT PLANT PERMITTED BY D.E.~R:; WATER BY CITY OF NAPLES. ANY ESTABLISHMENT REQUIRING ~/-.C.P.H.U. PERMIT MUST SUBMIT PLANS FOR REVIEW AND APPROVAL.% . ' ' '-.i; COLLIER COUNTY PLANNING AGENCY ' ' ' " "' ~ '"'": ..... t' 1. RECOMME~;DATION OF APPROVAL SUBJECT {0 THE CONDITIONS STIPU- LATED IN THE PLANNING STAFF REPORT. -23- ]~XECUTIVE SUMMARY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 91-67, AS AMENDED, ALSO KNOWN AS THE NORTHBROOKE PLAZA PUD, WHICH, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNER/AGENT, }:lAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER. OBJECTIVE: Staffis requesting that the Board review staff's findings and recommendations regarding the above referenced PUD CONSIDERATIONS: This PUD was originally approved on July 30, 1991. Section 2.7.3.4 of the Collier County Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the effective date of adoption of the Land Development Code, the five year approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. are applicable as of October 30, ]996. The above referenced PUD has been identified as a project which was approved prior to October 30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field observation and review olin house records to verify the current status of the PUD and as the basis ora recommendation to the 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. Time limits for approved PUD master plans. In the event that a PUD master plan is given approval, and the landowner(s) shall: Fail to obtain approval for intprovement plans or a development order for aH infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other den,elopment orders for at least I5 percent of the gross land area of the PUD site every Jqve ycars of the date of approval b)' the Board of CounO. Commissioners; anti ,.JAN 2 1 1997 Pi. 2. Fail to receive final local development orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUDs consis,ffng of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years of the date of approval by the Board of County Commissioners. The project developer shall submit to the Planning Services Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board of Count), Commissioners. The singular purpose of the report }*'ill be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth abov~ Should the Planning Sen,ices Director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of near development standards or use modification. Should the Planning Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and an)' supplemental information that may be provided, the Board of Count)' Commissioners shall elect one of the following: To extend the current PUD approval for a maximum period of m,o ),ears; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the Growth Management Platz The ex'isting PUD shall remain in effect until subsequent action by the Board of the submitted amendment of the PUD. lf the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with ~S. ff380. 06. AG[U~ x JAN 2 1 1997 ~;ynot}si$ of At, proved Land ~Jses: ThJs PUD is approved for a mixed use development of commercial and residential land uses. The PI.rD authorizes twenty-five point eight (25.8) acres of commercial uses, and fourteen point one (14.1) acres of residential development containing no more than 150 dwelling units for a net density of 10.$ dwelling units per acre. The ~Jlowable density in activity centers is 16 dwelling units per acre. More specifically the £oilow~ng development intensity and density is allowed: MAX. MAX. MAX. SITE SQ. FT. OF PARKING MAX. DWELLING USE ACRES FLOOR AREA SPACES ROOMS UNITS Gas stations 3.2 Not applicable Per ZO. Restaurants 5.0 18,000 Per ZO. General Retail 7.1 118,000 Per ZO. Motel/Hotel 7.0 Not applicable Per Z.O. 150 Office 3.5 60,000 Per Z.O. Multi-family Residential 14.1 Not applicable Per Z.O. 150 Access Road 2.855 TOTAL 39.9 (Project) 2,855 (Access road) 42.755 The Master Plan establishes three (3) development tracts, one of which is limited to residential and congregate living care units. The other two tracts authorize commercial development generically described in the above table. Building heights are authorized for three (3) stories for commercial and five (5) stories for residential. In each case authority is administratively granted to allow building heights of' up to ten (10) stories. Off-street parking, signage and landscaping defer to the regulation contained in the LDC at the time ofpermitting Access to and from the Northbrooke Plaza PUD shall be from Northbrooke Drive. Consistency with Comprehensive Growth Management Plan: The subject PUD is designated M/xed Use Activity Center on the Future Land Use Element of the Gl,fi'. Based on staff review of the approved land uses, the PUD has been determined to be consistent with the_Collier County , Growth Management Plan. The PUD is deemed consistent/inconsistent with the Elements ('FLUE, Traffic Circulation Element, Open Space/Natural resource Eleme _~_ JAN ~ 1 ~997 (~o, nsistenc¥ with the Collier County Land Development Code: The PUD has been distributed to the appropriate iurisdimion review entities specifically for re,,4ew of the PUD for consistency with current land development regulations. Based on that review, the following inconsistencies have been identified: Transportation: (Traffic impacts, access management, etc.) No inconsistencies were reported, however staff advises that certain references should be changed to reflect current administrative regulation if the PUD is to be amended. Landscape: ('Buffers/Green Space) No inconsistencies reported. The PUD provides that in the absence of specific regulation the provisions of the LDC applies In this case the provisions of Div. 2.4 Landscaping applies to this PUD. This means that thirty (30) percent of the land area must comprise of qualifying open space areas. Environmental: (Protected species, green/open space) No inconsistencies were reported, however staff advises that in the event of an amendment references to environmental regulations should be changed to current references. The current PUD advises that the then free standing ordinances applied. These have now been consolidated into the LDC, however they still apply to this PUD. Engineering/Site Development: (Sewer/water, drainage issues) No inconsistencies were reported however, staff advises that in the event of an amendment certain development commitments should be changed to reflect current references. Staff Corn ments: 'No additional development permitting applications have been made since adoption of the PUD rezoning action. Staff is of the opinion that there is insufficient justification to require an owner to submit an amended PUD simply because the PUD reference codes that are now consolidated into the Land Development Code, or othe~4se have references of administrative import that have been changed in the most recent LDC change. There references are not made invalid because they changed or are otherwise placed in a different legislative document. Their closest or most similar relationship to current references applies in the administration of PUD development commitments. More importantly, is whether or not there is any absence of development commitments needed to make the PUD consistent with today's code requirements. Staff review does not indicate that there are any inconsistencies or omissions that are now necessary to achieve current Land Development Code requirements as made applicable to subsequent required development apprm ~s 0.~~' -' and/or SPD's). -- FISCAL IMPACT: A two year extension ofthis PUD Ordinance vail have no fiscal impact on Collier County. STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, staff recommends that the Board of o, ty Commissioners [grant a two year ex'tension of this PUD per the attached resolution. ~,RE~ RONAL~I~ ~ DATE PARED Y.'_~ I~NO, AICO CI~IEF PLANNER REVIEWED BY: ROBtERT J. NIULHERE, AICP CURRENT PLANNING MANAGER DATE D-OI~'AL"D-W. ARNOLD, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTI:t~-kTOR DATE COMMUNITY DEVELOPMENT & EN~qRONMENTAL SERVICES DI;,qSION Ordinance 9147 Ex. Surrdpd -5- RESOLUTION 97- A RESOLb~fION BY THE BOARD OF COb~TY COb~ISSIO~'-RS OF COLLIER COUI;TY, FLORIDA, PU~(SUANT TO SECTION 2.7.3.4 OF THE COLLIER COt~TY L~;D DEVELOPMENT CODE AFFECTING ORDINAl;CE 91-67 ALSO KNO'~ AS ~;ORTHBROOKE PLJ, ZA PUD, EXTE~DING THE CURRENT PUD APPROVAL TO OCTOBER 30, 1998; AND PROVIDING AN EFFECTIVE DATE. ~EREAS, the Northbrooke Plaza PUD, Ordinance 91-67 adopted on July 30, 1991 is ~ubject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and ~"HEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and ~-HEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two years, until October 30, 1998; and NOW, THEREFORE BE IT RESOLVED, by the Board cf Zoning Appeals cf Collier County, Florida that: 1. The above recitals are adopted herein by reference a~ if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to October 30, 1998; at the end of which time the owner shall submit to the procedures in LDC Section 2.7.3.4. This Resolution shall become effective i~mediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. -1- AGENDA.~T[M. Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Cor~missioner , and upon roll call, the vote was: AYES: ~;AY S: ABSENT A3~D ~;OT VOTING: ABSTENTION: Done this day of , 1997 . BOARD OF COU~TY COMC~ISSIO:~ERS COLLIER COL~.;TY, FLORIDA BY: C~I~MA3~ ATTEST: DWIGHT E. BROCK, CLERJ< APPROVED AS TO FORM ~;D LEGAL SUFFICIE:ICY: y_~RJORIE M. STUDE;iT ASSISTA~iT COL2iTY ATTOrnEY :;ORTHBROOKE PIZZA PUD/19079 -2- AG£N T~M JAN ~ 1 iOcJ7 A.'~ O..D..,.-.,C-= ~"'" -- ;.':E::Di::G CRDi:;;d;CE ,';~".'='-: ...... 82-2 THE C~'.:pREHE::Si'TE ZRNi:;G REGULATIONS FOR THE b~INCORPORATED A~EA OF COLLIER COU~.;Ty, FLORIDA, BY ;~ENDI:;G THE O:-?iCIAL ZONING ATLAS ~/.AP Nb~.:BER 8619S; BY CFJC;GING THE ZONING CLASSIFICATION O? THE HEREIN DESCRIBED R-~AL pROPERTY FP.C:: A-~ TO "PUD" PL;C~:;ED L"NIT D~;ELOP.0a.,~ AS NORTHBROOKE PLAZA PUD, FOR ~-'~ 1-75 INT.~RCFJJ;GE MIXED USE COMPLEX (MIXED CO..~2~.ERCIAL AR;D RESIDENTIAL USES), FOR PROPERTY LOCATED It; THE NORTH-LAST QUADRA/;T oF 1-75 AR;D NAPLES-I:-~M.OMJ-L'-~ ROA~D (C.R. 846}, It{ SECTION 19, TO'-~JSHIP 48 SOL-iH, P~;GE 26 FAST, COLLIER FLORIDA, CONTAI:;ING 43 ACRES, MORE OR LESS; AR;D BY PROVIDI::G A~; EFFECTIVE DATE. ~S, William R. Vines of Vines & Associates, Inc., representing citizens & Southern Trust Company (Florida) N.A., petitioned the Board of County Ccr~issioners to change the zcnin? classification of t~e herein described real property; NOW, ~qER~FOPd: BE IT ORDAINED by the Board cf County Cs--issicners of collie~ County, Florida: The Zoning Classification of the herein described rea! pr:perry !coated in Section 19, Tc%~ship 48 South, Range 2& East , Collier Cc'Rnty, Florida, is changed from A-2 to "P~" Planned Unit Develcpnent in accordance wi~h ~he Northbrocke Plaza PE~ Dcc'~ent, attached hereto as Exhibit "A" and incorporated by reference herein. The official Zoning Atlas Map Nut_bet 8619S, as described in Ordinance Nut-her 62-2, is hereby a~ended accordingly. .- SECTION ~0: This ~rdinance shall become effective u~cn receipt of notice the Secretary of State that this Ordinance has keen filed with the Secretary of State. AG E N D,~,~,T~ ~-~ JAN g 1 997 Pg. ~ : PASSED ~2:D DULY ADOPTED by the ~card of Ccun%y Ccmmissicner~. cf Collier County, Florida, this ]U~h day of Ou[v , 179!. BOARD 07 COU:;TY COLLIER COU:;TY, FLORIDA ATTEST: ' ;' BY: ~P~yED.AS TO.FbP24 ~;D LEGAL SUFFiCIEr;CY -2- AG EN D,~k. IT£ M,, JAN £ 1 1997 NOATHBROO~E PLAZA A PLANNED UNIT DEVELOPMENT Pre2ared for: CITIZENS & SOUTHER,'.~ TRUST COMPANY (F;orida) N.A. Prepared by: Vines & Associates, Inc. 715 Tenth Street South l';a21es, F~orida 33940 Phone: (813) 262-4164 Date Filed:, 1-2-~1 Date Revised:, 7-~0-91 Date Recommended by CCPC: 7.11.91 Date Approved byBCC: ?-30-91 Ordinance Number: 91..~,? gAN 2 1 1997 TABLE OF CO,'ITENT~ SECTION LOCATION MAP ST,&,TEMENT OF COMPLIANCE PROJECT PLANNING TEAM SECTION I. SECTION I1. SECTION III. SECTIOF,! IV. ATTACHMENT ' 1" PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT PROJECT DEVELOPMENT REGULATIONS DEVELOPMENT COMMITMENTS PUD MASTER DEVELOPMENT PLAN' 1 ,4 8 16 JAN 2 1 1997 CR 8~6 CUI.LII:R C(:U:'I 'rY. i I ~.., [,/'., NOR II iHl,'.u('q,,r I'1. \,'...\ AGE T M. JAN £ 1 ~997 STATEME~qT OF COMPLIAt:CE The development of 39.9 acres of land in Collier Coun:'t as a Planned Unit Development to be known as Northbrooke Plaza, together with developrr, er.t o; 2.855 acre access road, will be in compliance with the plannir, g goals and objective.~ of Collier County as set forth in the Comprehensive Plan. The commerc!al and residential facilities developed within i~:orthbrooke Plaza will be consistent with growth policies, land development regulations, and ~pplicable comprehensive ptanr, ing objectives for the following reasons: .: 1. The'Future Land Use Element of the Collier Count'/ Growth Management P~an provides at page LU-I-33 that 'if nay proiect is ?§% within an Activity Center, the entire proiect shall be considered to be withln the Activity Center.- Slightly more than 80% of the subject property lies within an In;etsta:e Ac:hzi:'t Center. The Future Land Use Element provides that, at page LU-I-33. Activiw Cea:ers are intended to be mixed use in character, i.e., commercial, res!dential, institutional. I'Jo~hbrooke Plaza will be a mixed use project. The Future Land Use Element density rating system provides, at !~age LU-I-2_~, that with respect to residential development, 'if the proiect is within an Activity Center, up to 16 residential units per Gross acre may be perm..itte~." The residential comDor, ent of the proiert complies with this provision. The project will be served bY a complete range of services and utiE;ies, including potable water, sanitary waste treatment and disposal, electric power, telephone, cable television, solid waste removal. The pro[ect will be in compliance with all ap~llc~ble County re~u',ations including the Gro,,'zth Managemen[ Plan. All final local development orders for the project will b~ subject to the Adequate Public Facilities Ordinance. NO. ~ ,JAN £ 1 ~997 which i~'el.m~'e,J the PUL) Mnsl. er I'In~. I'UL) materlnls which cumH~'ise the PUL) Al~l~lh:ntiw~ Vines F. Asso¢int~s, h~c., L.~d Plnm~er/l~ro~ect Cuu~'di~)ntor :; Hole. , Montes ~, Assaclates. Inc., Englnee~stSurveyors Kevin L. Erwin, Inc., Ecologist B:~rr, Dunlop F,, Associates, Inc., Trarl'ic Engineer's Young, vanAssenderp, Varnadoe & [3enton, P.A., Attu,'~eys M~rketlng Man~cjement, Inc., ;,l~rket Ar~alysts No. 'JAN ~ i SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PUP, POST . The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of: NorthbrookePlaza. 1.2 LEGAL D~$¢RIPTION The project site is 39.9+/. acres in area. The acc~ ~_';l:d~ll serve the p. rojec, t !s 2.855 acres in area. The gross area.~.is 42.755 acre~.'~'The lecnl cescr~pt~on of the project and the access road fol~ page. "' ~- 1.3. P~QPERTY OWNERSHIP. Tide to the property is curren;h/ in Land Trust #540§, held by Citizens & Southern Trust Company (Floridal National Association, Naples, Florida P.O. Box 1857, Naples, Florida 3~9~.1857. The prope~,/ owner is the rezor, e petitioner. 1.4. (~N[RAL DESCRIPTIC)N OF P~,P~RI-Y AFfiX,. 1,5. A. The property lies in t,;e r,c.~heast quadrant of the 1-75/lmmokalee Road interchange in Section 1,9, Tow~.ship 48 South, Range 26 East. B. The property is zoned A-2, agricultural, proposed to be rezoned to PUD Planned Unit Development for commercial, residential, and related uses. PHYSICAL DESCRIPTION : The property is bounded on the south and west by the Immokalee Road Canal and lies within the Cocahatchee River watershed. Elevation ranges from about 11.5 feet to 13 feet above mean sea level, averaging about 12.25 feet. V./edands on the property are limited to a .49 acre triangular area in the southeast corner of the property. Most of the vegetation on the property is pine and associated upland plants. The southwesterly portiono~theprol~erty was cleared and used as a storage/work area when the 1-75/Immokalee Road interchange and the associated canal relocation construction was undertaken. Soil types on the property are predominately Arzell fine sand. There is a minor area of Broward fine sand along the westerly edge of the property, and a small amount of cypress swamp soil at the southeastern edge of the property. JAN 1 1997 HOLE. MONTES AND ASSOC.. I,'IC. CO,';GULTING Ei'IGI~IEEt'IG -- PL,",:I,'IER3 -- L,',:;D GUH'/E cot,.', lie, la9 Acre Parcel (pr(,iect c, rea} A parcel of land located in the Southeast quarter of Section 19, Towns:".ip South, Range 26 East, Collier County, Florida, being more particularly described as follows:" Commence at the Southeast corner of Section 19, To',*nshlp q8 South, 26 East, Collier County, Florida, th~nc~ run South 85'3~'36" Wes: ~;n.~ South llne or the SouU~as~ quarter or ~h~ said Section 19 For a dlstar~¢~ 100.00 feet; thence run North 00~2'5~'' West par~Hel with the East I~ne of Southeast quarter of the said Section 19 for a distance or 100,00 feet pein[ on the ~lurtherly line or a 100.00 foot County Canal easement and t~.~ POINT OF BEGI~INING or the parcel of ~and herein described; thenc~ ?~ortn 00;q2'Sq" ~est parallel with the East line of the Southeast q~arter of the said Section 19 ~or a distanc~ o~ 1,2q3.75 feet: thence ru~ 89017'06" West for a distance o~ ~0.00 f~t; thence run North qSogS'Og" ~'~'es~ for a distance of 200.00 ~et; thence run North 28038'00" West for a distanc~ o¢ 321.01 feel.; thence run North 78055'38" W~st for a distance of 5~.9~ to the Northeasterly corner o¢ a dralnaae ~asement recorded in Officla] Bgok 365 at Page qlq o~ the PubJlc RecOrds or Collier County. Florida; run South 01°37'19'' East along U~e Easterly line o~ said drainage easeme~.t a distance of ~2.73 fe~t to the beginning o~ a tanQential circular c~ncav~ to the East; thenc~ run SouU~erly along the ar~ o~ said curve to the left, same ~elng the E~sterly line o~ said drainac~ ~as~en[, havinQ a o~ 2,650.79 feet through a central angle of 100~2'08", subtended ~y a chord o¢ q86.7q feet aL a bearing of South 06053'23'' East, ~or a distance ~ .feet to th~ end o~ said curve; th~nc~ run SouU~ 12009'27" East along the Easterly line o¢ the said drainage ~asement for a distance o~ 6~5.77 feet: thence run 'South qaoUg'qO" East along th~ Easterly line or the said easement for a disLance o¢ 279.67 feet to a point on the Northerly llne of-a 100.00 foot County Canal ~asement: thence run North 89~3q'3~,, East 2!on~ the Northerly line of th~ said 100.00 foot County Canal easement for a distance 873.61 feet to the POINT OF BEGINNING. Containing 39.90 ~c~es. more or less. Subject' to easements, reservations or restrictions or record. Bearings shown hereon rorer to those shgwn on the State of Florida Department o~ Transportation Right-of-Way Map for Flurlda Sta{e R~ad No. {Interstate 1-75) Section 03175-2q01. Th}s legal description was derived from inrorma~iu~ shown on the F!orJd3 O~parJment or TransportaUun Right-or-Way Map ~,~ Slate I:o3d No. 93 (Interstate 1-75) Section 03175-2qgI, Sl~eet 3, Cutli~r C~Jn~y. tugeLher with supplcme~tary il~urmn(io~ pruvidud 15· clie~iJ. 'Tllis description has not been [iu~d surveyed. '2 JAN 2, 1 1997 2.855 Acre Parcel (access roadl A parcel of land located in the Southeast Quarter of Sec:ion 19, Township 48 South. Range 26 East, Collier County, Florida. be;rig more particu!arIy described as Commence at the southeast corner of Section 19, Township 48 South, Range East, Collier County, Florida; thence run South 89°34'36' West along the SouIn line of the Southeas'~ quarter of said Section 19 for a distance of 100.00 feet; thence run North 00°42'54' West, parallel with the east line of the Southeast quar;er of sa;d Section 19, for a distance of 100.00 feet to a point on the northerly line of a 100.00 foot Count',, canal easement and the PQINT OF BEGINNING offhe parcel of land herein described; thence continue North 00°42'54' West, parallel with the east line of the Southeast qua~er of said Sec:ion 19, for a distance of 1243.75 feet; thence run l','o,~h 89°34'36' East for a distance of 100.00 feet: thence run South 00°42'54' East fora distance of 1243.75 fee:; thence run South 89034°36- Wes: along the northerly line of said 100.00 foot Coun,W canal easement for a distance of feet to the POINT OF Containing 2.855 acres, more or less. The proiect area combined with the access road area is 42.755 aczes. I .6 PR(~JECT DESCRIPTION 1,7, The Northbrooke Plaza projecz will be comprised of a mix of commercial ar.d residential uses. Typical uses .,.~iil ir, c~ude gasoline sar'vice stations, restaurants, general retail facilities, hotels/motels, offices, and multi-family residential units. The proiect applicant/developer will not be an end user. End users will typically be regi6nal or national corporations which routinely locate in inters:ate interchange commercial developments. The project owner/developer will secure · appropriate plan approval and zcning, install access drives, utilities, and o~her required infrastructure, and market ready to build on sites for devetopmer, t in accord wlth the approved PUD Master Plan, PUD re~ulato!y documer,:, and applicable other' regulations. ' ,~HO RT TITLF~ This ordinance shall be known and cited as the "NORTHBROOKE PLAZA PUD ORDINANCE". jAN £ 1 1997 / 2,1, 2.2 2.3. SECTION PROJECT DEVELOPMED~T PURPOSE The purpose of this Section is to describe the basic development c~iect~ves ar, c to Generally describe the pro/eCl develcpment p~an. A, RAt,,. Development of this proiec~ .,-/ill be Governed by the cor, te':s cf document and applicable sect{ohs of the Collier County Zoning Ordinance in effect at the time of Site Development Plan/Subdivision t,laster Plan approved(s). B. Unless other',vise noted, the definitions of a',l terms shall be the sa.--, e as the definitions set forth in the Cailler Coun;'t Zcr, ing Ordinance in effect at the time of Site Development Flan/Subdivision I',laster Plan epprov~-I(s). C. AH conditions imposed and all §raphic material presented de:idling restrictions for the development of Northbrooke P~aza shall become pa~ of t,'-,e regulations which govern the manner in which the FUD site rr.,a,l be developed. ' D. Unless specifically waived by appropriate authority, the prov:s.cns cf regulations not otherv/ise provided for in this PUD shah remmn in f;;'.t force and effect. PROJECT P'. A ,"l A. This site is planned as a mixed use com~erclal;residen~ial proiect v/ill provide commercial services 'to highway trave!ers as '.'/e~l as to residents in the vicinity. In ~ddi~ion to conven~ionatinterchanGe end surrounding neighborhood serving commercial services, car, var. it. anal residential and/or retirement residential usage with sup;offing rr.,edicat and related services will be incorporated in the proiect. The PUD ,Master Ftan, known as Attachment "l', which by reference is Made par; of this. document, divides the property into Tracts A, E, and C. ~ach of ',',.,",ich is the subiect of detailed standards which are set forth in this PUD document. The exact boundaries of development parcels are to be established at the time of construction plans and platting approval. At the time of initial PUD zoning, no detailed development plan for the entirety of the site exists. The development intention is to pravlCe appropriately zoned sites, with all necessary utilities in pi=ce, to accommodate commercial and related development projects, such as national motel and/or restaurant chains, gasol!ne service'stations, reto,I / PS..~ facilities of various kinds, offices, and a residential deve:a;ment component. Since the project development sponsor will not be the end user of the various mixed use complex, plan approval will occur in four steps. The first step is establishment of the PUD document which includes developmental standards and regulatory requirements for the .entire property. A Subdivision Mas;er Plan shaII be submitted to CoIIierC6unty for review and approval .for the second step, Upon SMP approval, construction plans and ptat shall be submitted for review and approval which wiIt be the third step. For the fourth step, one of the followlngwill be provided for: 1. The developer of any pla~ed tract or parcel which is not intended to be further subdivided, shall be required to submit and receive approval of a Site Development Plan in conformance with the require.merits established within Section 10.5 of the Zoning Ordinance. 2. The developer of any pta~ed tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a Subdivision Master Plan for that tract in conformance ,,'zl;h requirements established with Article IX, of the Subdivision Regulations, if the original SMP did not show specific development 'within that tract or parcel. Then, construc:ion plans and a pla: sha',l be submitted and approved. : The owner may be able to make adiustment :o the tract boundaries, road alignment and other site improvements. Determination of whether the changes are substantial, or insubstantial, and the review process to be followed shall be in accordance with the zoning regulations and/or subdivision rec~uladons. J/ N 2, 1997 C. Permitted development is indicated on the foI:o.,.zlng table. USE Gas stations Restaurants. General retail Motel/Hotel Office Multi-family Residential Access Road MA×. MAXIMUM : SITE SQ. FT. OF PAR:<It,;G MAX. _ACRES_ FLOOR AiREA SPACE~ RQ)0M$ 3.2 Not aPpticabte Per Z.O. 5.0 18,000 Per Z.O. 7.1 118,C00 Per Z.O. 7.0 Not applicable Per Z.O. 150 3.5 60,CC'0 Per Z.O. 14~ Not applicable Per Z.O. 2.855 MAX. D',~,'ELLI:;G TOTAL 39.9 (project) 2.855 (access road) 42.755 Access to the project is to be from a road to be ccnstructed northerly from Immokalee Road, a!ong lhe east boundary of the Hor:hbrookePIazaslte. This road is to be incorporated in the Subdivision Master Flan which is subrr..itted for the Northbrooke Plaza project, and is to be dedicated to the public. RE~,ATE~ PR~)j~'¢T P~,AN APPROVAL Prior to t~e recording of a Record Plat, for all or par( of the PUD, final plans of all required improvements shall receive ~pproval of the appropriate Collier County f;overnmental agency to insure compliance with the PUD Master Plan, the County Subdivision ReGulations and the platting laws of the State of Florida. Attachment '1', the PUD Master Plan, constitutes the required PUO DevelopmentPIan. Subsequent to or concurrent with PUD approval, a Subdivision Master Plan shall be submltte~ for the entire area covered by the PUD Master Plan. All division of pro~er~yand the developmen~ of the lard shall be in compliance with the Subdivision ReGulations, JAN 2 1 1997 The provisions of Seclion 10.5 of the Zoning Ordinance s.-.a,I as;'.',, ~: the development of all platted tracts, or ~arcels of land as ~,ra,.,ided ,n said Section 10.5 prior to the issuance of a building perm.:: o~ o:net development order. D. The developer of any platted tract or parcel a3proved for s;ngle faro, tlr residential development shall be requ;red to submit and receive approval of a Subdivision Master Plan in conformance with rec'jirements established by _Arllcle I~, ~ectiqn~, of the Subdivision Re;ulations, or any subsequent amendment relating thereto prior to the submittal cf . construction.plans and prat for any portion of the tract or ~arcet. E. Appropriate instruments will be provided at Ihe time of infres:ruc:ural mmprovements regarding ~n.f dedications ~nd method for ~rovid~ng perpetual maintenance of common facUities. [,NTE~NAL PROJECT ~TREET~ T0 EE PRIVAT~ All platted streets within the project sha~l be private and shall be the COmmon prope~y of lhe project landowners. 2.6, 'JAN 2 1 1997 3.A.1. 3.A.2 SECTION III PROJECT DEVELOPMENT REGULATIO,~JS TRACT A PURPO,~.~. ~ The purpose of this Section is to set forth the deveIopment regu!ations applicable to Tract A o~' the Northbrooke Plaza proiect. (Refer to PUD Master Plan]." USES P ERMIT-r~ No building or structure, or part, thereof, shall be erected, altered Or used, or land used, in whole or pan, for other than the folio;ring: A. Principal Uses: Automobile service stations. Vehicle c!eaning, servlce and repair facilities are permitted, except for repair facilities involving engine removal, body repair, or painting 2. Hotels/motels 3. Offices 4. Financial institutions 5. Medical offices, laboratories, clinics, health improvement faciIities, nursing homes, hospitals 6. Restaurants (conventional, fas~ turr, ov.~r, and/or fast food); cocktail lounges; night clubs 7. Drive.in facilities for I;ermitted uses 8. Food stores, drugstores, retail stores. ~ersor~'al service uses. supermarkets, movie theaters, and associated uses which are characteristically located in shopping cen:ers 9. Automobile dealerships, which may include service and repair facilities 10,. Commercial and non-commercial recreational uses and facilities 1 1. Civic, cultural, religious, and publlc service us'es and facilities AG E N2A~T F~'N JAN 2 1 1997 P~. ~ 1 2. Shopping can:ers 13. Any o~her commercial use or ~rofessional Service comparable in nature v./ith the foreso~ng uses and 'z~mC:~ the Planning Services Manager Ce~erm,nes to be com.,;a:,.t, le with and appropriate for inclusion Jn the mix at Trac: A Derr-r,,::ed princJpa[ uses. Accessory Uses: 1. ACce. sSOry uses and structures 'z,hich are C~s:cr.-..aril, associated w;:h the perm~ted uses. Project sa[es ~nd administration offices ~nd faci~i;/es. Signs as permitted by the CollJet Coun:y Sign effect at ~he A. /',,l/nimum Yards: 1. Front: 15' Side: none, ct a minimum of five [5) feet with Passage from frcnt yard to rear yarc'. Rear: 25' Lakefront: 0' Any yard abutting a,q exterior bmJndary of the 25°° 6. Distance bep,'zeen s~ructures on th~ same si:e: One ~, the sum of the bu~l~ng heights. ,. , Maximum Hotel/Motel Dens [y. 26 units per acre. M/n/mum Hotel/Mo~el Uni[ Size; 300 square feet. JAN 2 1 1997 D. Maximum Building Height: a~uthoThree stori~s above ground level parking. Ta'.Ier buildings ma'/ be dze'~d'at the Site Development Plan approval stage, provided the: in no event shall building height exceed~~Prior to authorizing a taller building, determina;ion'-sh~all-be-made b'! the County that the nature of the use to which the building is TO be devoted warrants the additional hei.ght, and that the taller building will noZ depreciate the intended character and c;uatity of the overall project or of nearby land uses. E. Merchandise Storage and Display: There shall be no outside s~orage or displa,! o; merchandise. F. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers ando;her components of underground ser,,ice systems which are normally located above ground shall be placed and screened so as to be minimize their visibili,'y from a s:reet right-of-way or an adjoining propers'!. G. Offstree't parking required: Ho As de:ermined by the Collier Count'! Zoning Or¢inance in effec~ e: the time of Site Development Plan a~;~licafion. Signs: As permitted by the CoIlier County Sign Ordinance in effe¢: a: the time of sign permit application. 10 AGEN~DA ~T £H ,,. ,.IAN pB. SECTIOn1 III PROJECT DEVELOPMENT REGULATIONS TRACT B 3.8.2· PURPOS~ The purpose of this Section is to set forth the development regulations applicable to Tract B of the Northbrooke Plaza project. (Refer to Pug Master Plan]. I,)S ES P~RMITTEC) No building or structure, or pa~ thereof, shall be erected, altered or used, or land used, in whole or pa~, for other than the foI~owing: A. Principal Uses 1. Offices 2. Financial institutions · 3. Medical offices, laboratories, c:inics, health imprcv:.men: facilities, nursing homes, hospitals Restaurants (sit down/table service on:,/. 1';o drive-in or takeout counter service); cocktail lounges 5. Veterinary clinics. No outside runs. Ail animal pens to be indoors, air conditioned 6. Funeral homes 9. 10. Food stores, drugstores, retail stores, personal service uses. supermarkets, movie theaters, and associated uses which are characteristically located in shopping centers Co~nmercial and non-commercial recreaticnal U'~es and faci[ities Civic, cultural, religious, and public service uses and facilities Shopping centers 11. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible with and appropriate for inclusion in the mix of T~act B permitted principal uses. 11 · .o. JAN 2 1 1997 Accessory Uses 1. Accessory uses and structures which are C';S:O,-r, ariiy associated with the permit;ed uses. 2. 'Prelect sales and adminis~ra;ion offices and facilities. 3. Signs as permitted by the Collier Coun~'t Sign OrCina;,ce in elfect at the time of sign permit ap, plicat[on. 3.B.3. DEVELOPMENTSTANDARg$ A'. Minimum Yards: 1. Front: 15' 2. Side: none, or a minimum of five (5) ' o ,e.t wi~h ur, obstructed passage from front yard to rear yard. 3. Rear: 25' 4. Any yard abutting an exterior boundary of the 39.9 acre trac;: :25'. 5. Dis;once between structures on the same site: one half the sum of the building heights. B. Maximum Building Height,: ~'T"~ree szo~ove g~ound level parking· Taller buildings may be ~ au'th'~e Site Development Plan approval stac.:e, provlded ;hat` in no event shall buiIding height~--~-~f~'-t"n storie-'~b-s. Prior to ' authorizing a taller building, de~eTmh~da~hat~e by ~he County that the nature of ~he use to which the building is to be devoted warrants the ~dditional height, and ~hat the taller bui:d;ng will not depreciate the intended character ~r,d quali~y of ~he overall projec~ or of nearby land uses. ~ C. Merchandise Storage and Display: .~ There shall be no outside s:orage or display of merchandise. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above 12 JAN 2 1 1997 ground shall be placed and screened 50 as from a s~re*.t ri§hr-of-way or an adjoining DrO:erty. Offstreet pall<lng required: As determined by the Collier Count,/Zoning Ordinance Site Development Plan a~plication. Signs: .. As petrol:ted by the Collier Count,/ Sign Ordinance in ef:ec: at the time of.sign permit application. 13. JAN 2 1 1997 3.C.1. 3.C.2. SECTIO~ III PROJECT DEVELOPMENT REGULATIO,~;S TRACT C PURPOSE The purpose of this section is to set forth the development regulations applicable to Tract C of the Northbrooke Plaza Proiect. (Refer to PUD Master Plan)." USES P~RMITT~I~ No building or structure, or pa~ thereof, shall be erected, altered cr used. or land used, in whole or part far other than the foI~o.wing: A. Principal Uses: 1. Single and/or multiple family residences Housing facilities for the elderly and infirm, inctudir~g medical and other support facilities and services incidental to the operation of the praject on behalf of project residents Family care facilitles, group care facili:ies (Category I), care units (not including uses found in grou~) care facilities, Ca;egory II), nursing homes (subject to Section 8.53 of the Collier Count.,,, Zoning Ordinance) 4. Civic, cultural, religious, and public service uses and faci[hies 5.. Social, recreational, and related uses whose primary pur;,ose is to serve the residents of Tract C Acce~ory Uses: : 1. · Accessory uses and structures which are associated with the permitted uses. customarily 2. Project sales and administration offices and facilities. 3. Signs as permitted by the CoItler County Sign Ordinance in . effect at the time of sign permit application. 14 3.C.3. DEVEt, O P,MEiIT A. Minimum Yards: 1. Front: 25'. 2. Side: 10' or half the building height, whichever is greater. 3. Rear: 25'. 4. Any yard abu;~in_c an exterior boundary of the 39.9 acre tract: Distance between structures on the same site: one half sum of ~he building heights. B. Maximum Building Height: stories ;~bove oround level parking, Taller buildings may I~e ~utho~he Site~Development Plan approval stage, provided that in no event shall buiIding height~exceed ~, Frier to authorizing a taller building, determination ~e b'! the · County that the nature of the use to which the buiYding is to be devoted warrants the additional height, and that the tal'.er bui!ding will not depreciate the intended character and Cuality of the overall project or of nearby Iand uses. C. Maximum Residential Density: < ~ e units per gross tract a=:e. IGO,\ ,, .~ T~ e. D. Utilities: Electrical, telephone and television service lines shall ~e underground. Pad moun:ed transformers end othercom~or, en:s underground service sys:ems which are normally located ground shall be placed end screened so as to be minimize their visibility from a street risht-of-way or an adjoZning groper:,/. E. Offstreet parking required: As determined by the Collier County Zoning Ordinance a~ the ~,me o~ Site Development Plan Signs: As permit[ed by the Collier County Sign Ordinance in eltect at [he time of sign permit application. 15 JAN 2 1 1997 4,1, 4,2, 4,3. SECTION IV DEVELOPMEr. JT COM;41TME,,~JTS The purpose of this section is to set forth the the Northbrooke Plaza PUD project, de',elopmen~ com....-..:m.e.~:s for All facilities shall be constructed in strict accordance With Fina "Site Development Plans, Final Subdivision Plans and all apPlicable State and lOCal laws, Codes, and regulations applicable t'o this PUD. Except where specifically noted or'stated otherwise, the standards and specifications of the officj,al County Zoning Ordinance and Subdivision Regulations in effect at the time of Site Development Plan/Subdivls~on Master Plan apPrOvalCs) shall apply to this project even if the land within the PUD is not to be Platted. The deve!oper, his successor and assigns shall be responsible for the commitments outllr, ed in this document. The developer, his successor or assignee agrees to follow the Mas:er P~an and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezonlng of the property. In addition, the developer agrees to convey to any successor.or assignee in title any commitments within this agreement. A. The PUD Master Plan known as Attachment '1', v,;hich is by reference made a par~ of this PUD document, indicates a division of the pro;e.q,~ into three land use tracts. The fo/lowing table provides overview information on each of the tracts. PERMITTED · A Gas s:a:ion ~ " .. ]8.2 45.6 Restaurants Hotels/;,lo~els ,r~es~auran~$ General ~q etall Offices Reslden:J'al 39.9 I00.0 ' See Sect/on Ill of the PUD dOCUment for more information re~ardlnG P. ermiT[ed Uses. Nolo: Acr~a~e[otaldoesnozinclude ~.855 3C~eacc~ss roa'd. 16 B. Ail'necessary easements, dedicalions, or other instruments shall be cranted tO insure the continued operation and maintenance of aH service u:ili,'ies and all common areas in the project. SCHEDULE OF OEVEI~OPM~NT The PUD applicant will not be the er. cl user o[ the improved sites t.o be established in Northbrooke Plaza. and a definitive developmen; schedul~ be established a~ this time. Based on the ex~cted rate of development ln the ~eneral area of the Northbrooke Plaza project, it is estimated that ~rojec~ development will be initiated in 1992, and that development of the ir. dividual sites within the project wltl be concluded by the year 2000. ~RANSPORTATION A, The developer shall provide fe~ and right turn lanes on Immoka~ee Rcad the project entrance. I~ the existing median o2ening is scheduled ;o ba closed in the near future the le~ turn requiremen; may be waived. The median opening is planned to be closed upon the four laning of Immo~a;e~ Road from 1-75 to CR 951. Since access tothe p~rcelmay be limited the future to right-turn in/right-turn out via CR 846, devetopmen: the parcel shall be phased so as not to generate/a~ract more traffic 'than the ~apacity of the entrance road and/or entrance access from CR 846. Development bevond the cagaciw of the single access via CR 846 sha:l be subject to available access via the no~hern extension of Oaks Boulevard between CR 846 and Bonita Beach Road. En:ranc~roadaccessca~acZtV is to be increased in stages, as follows: A road to provide access to the No~hbro~e prcper~t and gro~erties to the no~h will be constructed with its intersection with Immokalee Road located at the extreme east edge of the No~hbrooke groperty so as the:distance from the 1-75 ramps. :This will be a full intersec:ion median opening, but uns[gnaHzed in Stage 1. Iris assumed that Immokalea Road will be four-laned, as now programmed. Two lanes will construc:ed on the north approach, one for lef: tur~,;ng traffic and one for right turning traffic. The capaclW analysis showed th~: the cri:~c8l movement ~'~ill be righ~ turns out of the Northbrooke road. To keep this volume Iow enough to avoid exceeding LOS D, the estimated maximum two-way volume on the north leg is 8,100 vehicles ADT. This estimate assumes tha~ the bulk o~ the Northbrooke road traffic is commercial and heavily oriented ~o 1.75; with less orientation to 1-75, the maximum volume on the Nor~hbrooke ro~d could increase whhou~ exceeding standard.capaciw. 17 JAN 2 1 ~997 This estimate also assumes that Hor:hbrooke trafhc uses all gaps now available .during the peak hour flo','v of traffic on Immokalee Road. If a signal were to be installed at Oaks Boulevard to the east, then additio:'.al gaps, due to platooning of vehicles from the east, will occur a: the Northbrooke road, and the estimated maximum two-way volume on ;:'.e north leg of Northbrooke would increase from 8,100 to about 10,1GO vehicles ADT. Sta~e 2.'_ The Northbrooke road intersection with lmmokatee Road would be signalized with optimum phasing and timing, lnltielly, this would ope:ate without dual turn lanes; ultimately, if the Oaks Bou!evard extension 3) is delayed, then dual turn lanes may be required. With signalization, the estimated maximum two-way volume on the north leg to maintain LOS D is 17,100 vehicles ADT. This assumes an east-west split of Northbrooke road peak hour traffic similar to that which now occurs at the Oaks 8oulevard-lmmokalee Road intersection (per peak hour turning movement counts made on March 19, 1991). Other capacity increases might be feasible if this road were to serve as the primary access to properties no~h for an extended period of time. Oaks Boulevard is extended to the north, a lateral service road connection is made to provide access to Northbrooke Plaza, and the Nor~hbrooke road intersection with Immokalee Road is conve~ed to an unsignalized entrance allowing right turns in and out only, with the median opening closed to prohibit left turns in or out of r';orthbrcoke Plaza. The Oaks Boulevard intersection would be signalized with optimum phasing and timing. Dual turn lanes would be required on the north and wes: approaches to provide adequate capacity. The estimated maximum two-way volume on the north leg :of the extension of Oaks Boulevard, to main:aln LOS D. could be as great as 25,000 vehicles ADT if Oaks Boulevard were a four lane road, at least through the intersection and its approaches. It should be noted that these es;imated maximum 'volumes are considered reasonable,, and are based on assumptions which are considered reasonable. However, as volumes increase, traffic origin'earing studies of the actual conditions will be necessary to determine just when LOS O service volumes will be reached in each Stage. Monitoring of volumes shall be conducted as a part of the required annual PUD monitoring. When the daily volumes indicated above are reached in each Stage, the detaited studies of actual capacity performance are to be triggered. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any future major access that serves the project via a frontage road and/or Oaks Boulevard, when the signal system is deemed 18 JAN 2 1 l g7 warranted by the County. The signal ',-411 be o','.'n0d, o~e:r~:9danc maintained by ColIier County. Also, the developer shallpart,c:~a:=, in the COSt of extending Oaks Boulevard north of CR 846 and roac connections thereto in accordance with the applicable benefit of Such acces~ in ~erms of roadway capacity. C. The developer shatl provide arced;at level street I;gh~;ng ~t ,..9 project e~trance. D. The ~Oad impact fee shall be as set ~o~h in Ordinance 85-55, ~s amended', ~nd shall be paid at the t~me building permits are issued un,ess other'.vise approved by ~he Board o~ County Commissioners. E. Access improvements shah not be subject to impact rea credits ~n~ Shall be in place before ~ny ce~JfJcates of occupancy are issue~. F. All traffic control devices used shall the ~  conform with as required by Cha~ter 316.0747 Florida Statutes. G. Induced gro','~h has the Potential of creating capacity de'icon,'- adjacent roads; the a~plicant is advised that future land ~eve~o~ment activities in the area may be subject to specific controls Should road service level standards not be met. H. The construct[an of the road along the eastern ~roperty line may preCede the submission of the Subdivision Mas:er Plan~s) ~SMP(s]) far the NOnhbraoke Plaza PUD, but shall precede preliminary acceptance of ~ny internal improvements to the No~hbrooke Plaza PUD. ' A. A copy of SOu~h Flor/da Wa:er Management Dis:ric~ Permit or ~rly Permit is required prior ~o construct[on pian ~. The runoff generated by the proposed right.of.way on'the oas: ~;o~er~y side shall be incorporated with the mas~er w~:er managemen~ system. C. If the detailed water management system to be submitted at (he ~ime of Subdivision Master Plan petition differs cons;derably from the Conceptual system, the project will be taken back to the Water Management Adv;sory Board prior to approval. Otherwise, itmaybea~provedaeminis:r~ivey D. A right-of-way permit from the Big Cypress Basin to allow d~scharOe in~o the Cocoha~chee Canal shall be prOvided ~rior ~o cons:ruc::n:~ approval. 19 . JAN B 1 1997 A fifteen foot (15') maintenance easement along the Cocohatchee Canal adiacent to the west and south property lines shall be dedicated to the Fig Cypress Basin for maintenance. Final exact locations (beginning and ending locations) shall be established on the final recorded plat. Prior to approval Of the South Florida Water ManaGement Permit, ar',d the project's Construction documents and final plat, determination shall be made that stormwater discharged from the developed proiect does not exceed the amount discharged from the project site prior to development. In the event that the Cocohatchee Canal adjacent the property is unable to accommodate stormwater discharge from the project, it will be necessary ~hat the project be designed for zero stormwater discharge undl ,t. uch time as improvements have been made to the Cocohatchee Canal which ;ermlt project discharge to be authorized. UTILITIES. This project shall be designed for central water and sewer systems. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the Sewage generated by this proiect. Should the County system r. ct be in a position to supply potable water to the pro~ect and/or receive the project's wastewater at the time development commences, the Deve!oper, at his expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and dls;,osal facilities adequate to meet all requirements of the appropriate regulatory agencies, if an existing private utility will be utilized to prov[de service to the project such service shall be regarded as interim, with the proiect connecting to County owned facilities when they become available. An agreement shall be entered into between the County and the Developer, binding on the 'interim purveyor and the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project, and be in conformance wi:h the requirements o~f Collier County Ordinance Ho. 88-76, as amended. The on-site water distribution system to serve 'the droject must be designed with the following features incorporated into the distribution .system: 1. Dead-end mains shall be eliminated by looping the internal picellne network or by providing a fire hydrant at the end of the cul-de-sac. 2. Stubs for future system interconnectio~ with adjacent properties shall be provided to the east and the north property lines of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project. AGENDA LTEM . '~ JAN 2 1 tG97 4.8, Prior to approval of construction docurr,.ent.~ by :,",e must present verification pursuant to Chapter the F~orida Public Service Commission h~ ~ran:ed Developer to Dray/de se,,.~er and/ct water :err,ce to Count,/can provide these se~ices through i~s '.'~ate~ and :e'.'.'er fac;ht,e~. Water distribution, se,,'~age collection and transmission and in:erin 'l-to:er and/or se,../age treatment fEcili:ies to serve the prat, eot are to be designe~, constructed, conveyed, owned and maln:ained in E¢corPance ','~ith Collier County Ordinance No. 88-76, as amended, and o?,er ~-': ~'. rules and reggJatlons. All customers connecting to the '.'later disiribut~on end se','.,age ccJ',ection facilities to be constructed will be customers of the County and ;.~ill be bilIed by the County in accordance with the Cour, t't's es:a~Hs.",e~ rates. Should the County not be in a position to ~:c'~iCe '.'.'afar a~d,'c: se'.-~er service to the project, the ','ia:er and/or .~e...~.r customers sha:~ be customers of the interim u:ilit't' established to ser/e the proiec: u,~t~I the Count'y's off-site ~vater and/or se','zer facJiit!es are av, ai!ab~e t~ :er-.~e t,".e project. Access into each tract as sho','ln on the mas?.r d_~e,o~....e.,, p!an is informational only. Location and number is sublec:to SubCi'~isio.'-,:.:as:er plan or SDP approval. B. The width of the proposed right-of-way along the eastern s,de of the project shall be determined at the time of Subdi,.,is!on l'.;aster P:en re,.de..-z and it will be based on the street type that will he required to provide access to the surtout, ding deve!opmen:s. C. Thispro]ectshallberequired:omeeta:ICountyOrCinancesinef:ecta:t~e time final construction documents are submit:ed for development ap;torah O. Detailed paving, grading, site drainage and utiii:,t ;:ar, s shah be submitted to Project Revie.,,/ Services for re,/ie:.~, i';o cons:r'.'c:icn permits s.",a;l be issued unless and until apt, royal of the proposed "Tconstructicn in accordance with the submitted plans is granted by Proiect Revie...l Services. Work within Collier County right-of-way shall meet the requlremen:s of Collier County Right-of-Way Ordinance b;o. 82-91. An Excavation Permit ~'lill be required 'for the proposed lake(s) in accordance with Collier Count'/ Ordinance I~Jo. 83-26 and South Florida Water Management District rules. Lakes shall rr,.eet rain,mum setback requirements as required by Ordinance I';o. 88-26. 21 · ' JAN'2 1 1997 4.9. ENVIRONtvI~NTA I. 4.11. 4.12. A protected species survey, specifically for gc;.",er tortoises O01vohemusl, shall be conducted in accordance with the requkemen:s of the Florida Game and Fresh Water Fish Commission within six (61 man:ns or less of Site Development Plan (SOP) or Subdivision Master Plan [SMP] submittal. : Wetlands shah be flagged by the dev~eper, to include Collier Count7 jurisdictional lines, and shall be field verified by Collier County Projec~ Review Services Environmental Staff prior to and as pa~ of the Site Development Plan/Subdivislon Master Plan ~roval. Said ~;;roved wedand bounda~ shall be indicated on the SMP and final site deve~o~m, ent plan/construction plan. All proposed mitigation for impacts to Collier Countyjurisdictional wetrands shall comply with the ratios and requirements of A;pendix 7 of the South Florida Water Management District rules. Mitigation areas shall be surveyed prior to final (site development plan/construction plan) approval and designated as a conservation easement and/or tract with protective covenants pursuant to Florida Statutes, Chapter 704.06. An exotic removal, monitoring, and maintenance (exotic-free} ptan for the site shall be ~ubmit'ted to Project Review Services Environmental Staff for review and approval prior to final site developmen: plan/construc:ian plan approval. E. The developer shall be subject to all environmental ordinances in effect at the time of Site Development Plan/Subdivision M~ster Plan ap2rovals. F. The 0.49 acre wetland area located in the southeast corner of the site shall be mitigated to comply with the ratios and requ[re.ments of Appendix 7 of the South Florida Water Management District rdles. ACCESSORY Accessory structures must be constructed s[mu[taneous:.t with or fcHo'..~ing the construction of;the principal structure. SIGNS All signs shall be in accordance with the Collier County Sign Ordinance in effect at the time of building permit application. LANDSCAPING FOR OFF-~;TnEI~T PARKING AREA~ All landscapir;,g for off-street parking areas shall be in accordance with the Collier County Zoning Ordinance in effect at the time of construction plans application. : 22. 'JAN 2 1 199T I.,X:Itl II~E :;IT:I.H,',.RY Ar;lIE:; -A lB.2* B 7.fi ACC~5g RD, I~/~ 2,1~55 TOT~ 42.75~ ~K~ 6.0 * Includes a p(,rrto, of the )a~c. -~-- I .-~. Revised 6-27-91 L-~I~II.I~ IlOl[. I~'OIIH:S & ASSOCIAICS 17/90 . I'I()I('I'IIIIIHIHK V. I"I.^ZA ' I'.1I.I1. Ih~,:;'l'l':lI I]I",~II'~I.I)I'HI:.NTI*I.A.'I IIII. 1112 ' I J .' 3'~,N ~, '~ ~97 I ' EXECUTIVE SUMMARY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 91-55, AS AMENDED, ALSO KNOWN AS TIIE SADDLEBROOK VILLAGE PUD, WIIICIt, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY TItE PROPERTY OWNER/AGENT, ttAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR TIlE BOARD OF COUNTY COMMISSIONERS TO CONSIDER . OBJECTIVE: StatTis requesting that the Board review staffs findings and recommendations regarding the above referenced PUD. CONSIDERATIONS: This PUD was originally approved on June 25, 1991. Section 2.7.3.4 of the Collier County Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the effective date of adoption of the Land Development Code, the five year approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. are applicable as of October 30, 1996. The above referenced PUD has been i)entified as a project which was approved prior to October 30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field observation and review of in house records to verify the current status of the PUD and as the basis ora recommendation to the Board consistent with the options provided in Section 2.7.3.4 (I) & (2). Section 2.7.3.4 reads as follows: 2.7.3.4. 77me limits for a£proved PUD master plans. In the event that a PUD master plan is given approval, and the landowner(s) shall: Fail to obtain approval for improvement plans or a de~'elopment order for all infrastructure improvements to include utilities, roads and similar improvements required b), the approved PUD master plan or other de~'elopment orders for at least 15 percent of the gross land area of the PUD site tn,ery five years of the date of approval by the Board of County Commissioners; and -1- JAN 2 1 g97 P~o / Fail to receive final local de~.elopment orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD e~'ery .,ix )'ear., of the date of approval by the Board of CounO, Commissioners. The project de~'eloper shall submit to the DeYelopment Sen'ices Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUl) approval b)' the Board of CounO' Commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set fokth abov~ Should the Development Ser~'ices Director determine that the de~'elopment has commenced in earnest, then the land shall retain its ex'istlng PUD approval and shall not be subject to additional review and consideration of new de~'elopment standards or use modification. Should the Development Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided bi' the owner and arty supplemental information that ma)' be provided, the Board of County Commissioners shall elect one of the following: To ertend tire current PUD approval for a maximum period of m'o years; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the Growth Management Plan. Tire existing PUD shall remain in effect until subsequent action by the Board of the submitted amendment of the PUD. If the owner fails to submit an amended PUD within sir months of Board action to require such an amended submittal, then the Board nra)' initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. ~ 380.06. -2- JAN 2, 1 ~997 Synopsis of Approved Land Uses: This PUD was approved for 438 multiple family residential dwelling units. The PUD contains 33.79 acres consisting of residential/preservation/open space areas. The gross density for the PUD is thirteen (13) dwelling units per acre. The maximum density authorized by the density rating system as it applies to the subject property is seven (7) dwelling units per acre, attributable to a base density of four (4) dwelling units per acre plus three (3) dwelling units per acre because the land is situated within a density bonus band. Additionally, an Affordable Housing Density Bonus agreement ,,,,'as approved concurrent with the PUD approval for six (6) dwelling units per acre for a total authorized density of thirteen (13) dwelling units per acre. The pLrD Master Plan distinguishes between development and non-development tracts with one access connection to Davis Boulevard. Approximately Thirty-nine (39) percent of the site is set aside as preserve areas or other special purpose open space areas. Consistency with Comprehensive Growth M'anagement Plan: The subject PUD is designated Urban-Mixed Use - Urban Residential on the Future Land Use Element ofthe GMP. Based on staff review of the approved land uses, the PUD has been determined to be consistent with the Collier County Growth Management Plan. The PUD is deemed consistent with the following GMP Elements (FLUE, Traffic Circulation Element, Open Space/Natural resource Element, Other).] Consistencv with the Colller Countv Land Development Code : The PUD has been distributed to the appropriate jurisdiction review entities specifically for review of the PUD for consistency with current land development regulations. Based on that review, the following consistency relationships have been identified: Transportation' (Traffic impacts, access management, etc.) No inconsistencies were reported however, staff advises that certain references should be changed to reflect current administrative regulation if the PUD is to be amended. Landscape: (Buffers/Green Space) No inconsistencies reported. provisions of the LDC applies. PUD. The PUD provides that in the absence of specific regulation the In this case the provisions of Div. 2.4 Landscaping applies to this Environmental: (Protected species, green/open space) No inconsistencies were reported, however staff advises that in the event of an amendment references to environmental regulations should be changed to current references. The current PUD advises that the then free standing ordinances applied. These have now been consolidated into the LDC, however they still apply to this PUD. Engineering/Site Development: (Sewer/water, drainage issues) No inconsistencies were reported however, staff advises that in the event of an development commitments should be changed to reflect current code references. -3- amendment certain AGEN Pg.~. St~ffComments: Additional development permitting steps have been taken relative to this land. Specifically a Preliminary Site Development Plan has been approved (SDP-94-004). Wetland determinations have been made by both the U.S. Army Corps of Engineer's and the South Florida Water Management Districts. Applications have been made for a surface Water Management Permit (SFWMD), and Dredge and Fill Permit (U.S.A.C.E.). Staff is of the opinion that there is insufficient justification to require an owner to submit an amended PUD simply because the PUD references codes that are now"consolidated into the Land Development Code, or otherwise have references of administrative import that have been changed in the most recent LDC change. There references are not made invalid because they changed or are otherwise placed in a different legislative document. Their closest or most similar relationship to current references applies in the administration of PUD development commitments. More importantly, is whether or not there is any absence of development commitments needed to make the PUD consistent u,'ith today's code requirements. Staff review does not indicate that there are any inconsistencies or omissions that are now necessary to achieve current Land Development Code requirements as made applicable to subsequent required development approvals (i.e. Platting and/or SPD's). The owner entity of the Saddlebrook Village PUD property has specifically requested a two-year extension. FISCAL IblPACT: A two >'ear extension ofthis PUD Ordinance will have no fiscal impact on Collier County. STAFF RECOM3IENDATION: Based on a comprehensive review of this PUD document, staff recommends that the Board of '~2 )unty Commissioners grant a two year extension of this PUD per the attached resolution. ~EPARE~ F 5~'~A~.]D ~I'NO, AICP DATE CHIEF PLANNER REVIEWED BY: R~ICP CURRENT PLANNING MANAGER -4- DATE JAN 2 1 1997 DONALD W.'ARNOLD, AI~P --' DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR ~DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Ordinance 91-55 Ex. Summaq'/pd -5- JAN 2 1 lS97 j McANLY ENGINEERING  D DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE Jul)' 31, i996 itlrs. Norma Boone, Planning Technician Planning Services/Current Planning Collier County Community Development Services Center 2800 North Horseshoe Drive Naples, Florida 34104 Re: Saddlebrook Village PUD Extension Dear l',[rs. Boone: This correspondence is a formal request for a two year PUD extension, as provided for by Section 2.7.3.4 of the Collier County Land Development Code. Attached hereto, is the required PUD ,',Ioniloring Report for 1996, v,'hich ,.,,'as submiued on behalf of the property o`,vner's Trustee, Jim Colosimo. Subscquer~t to the PUD's approval in June of 1991, tim 33.8 acre property was sold to the present property owner, tile 1-75/Exit 1.5 Land Trust, for whom /,,Ir. Colosimo is Trustee. In the Fall of 1993, our firm `,,,'as retained by a contract purchaser to obtain construction authority for the 438 "affordable housing" dv.'elling units approved through the adoption of Ordinance 91-55. Our office obtained wetland determinations From both tile U.S. Army Corps of Engineers and South Florida Water Management District, from which, and consistent v,'ith the adopted PUD Master Plan, a Preliminary Site Development Plan (SDP-94-004) was pursued and approved. Concurrent with this County process, a Surface Water Management Permit was s,bmitted to SFWMD, arm Dredge and Fill Permit aPl)lied forv.'iththeU. S. Army Corps of Engineers. Unfortunately, that contract purchaser for ',vhorn permitting `,,,'as pursue was unable to fulfill their contractual obligations, and the purchase contract became null and void. Thus, our office was unable to continue supporting those permitting requests. Presently, thc Truslee is commilted to obtain construction authority for these much needed alTordab!e housing units, and therefore, this submission for a t`,vo year zoning extension for tile PUD is requested tbr approval by tile Board of County Commissioners. Should you have any questions, or require further information, please do not hesitate to call. P,.mnlng Direclor Enclosure cc: Client 5101 TAMIAMI TRAIL EAST. SUITE 202. NAPLES. FLORIDA 34113 (941) 775-0723 FAX (941) 775-9236 AGEN T , JAN 2 1 1997 RESOLUTIO:~ 97-__ A RESOLUTION BY THE BOARD OF CO~TY COMAMISSIONERS OF COLLIER CO~;TY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LA~D DEVELOPMENT CODE AFFECTING ORDINANCE 91-55 ALSO K~;O~7~ AS SADDLEBROOK VILLAGE PBX), EXTENDING THE CURRENT PUD APPROVAL TO OCTOBER 30, 1998; AND PROVIDING A3~ EFFECTIVE DATE. WHEREAS, the Saddlebrook Village PUD, Ordinance 91-55 adopted on June 25, 1991, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and ~EREAS, the PLX) was adopted consistent with and under the provisions of the collier County Growth Management Plan; and ~EREAS, the Board of County Cor~issioners has reviewed the PUD and has determined to extend the current PUD Zoning for two years, until October 30, 1998; and ~$OW, THEREFORE BE IT RESOLVED, ~y the Board cf Zoning Appeals of collier County, Florida that: 1. The above recitals are adcpted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to October 30, 1998; at the end of which time the owner shall submit to the procedures in LDC Section 2.7.3.4. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. -1- No. · Pg. Co~n. issioner Resolution and moved for its adoption, seconded by Com. n, issioner ., and upon roll call, the vote was: AYES: NAYS: ABSENT A2~D NOT VOTING: ABSTENTION: Done this day of ATTEST: DWIGHT E. BROCK, CLERK offered the foregoing , 1997. BOARD OF CO~;TY COmmISSIONERS COLLIER CO~;TY, FLORIDA BY: APPROVED AS TO FOP~M A2~D LEGAL SUFFICI-_-::CY: ¥.kRJORIE M. STUDE:¢T ASSISTAC;T COb2~TY ATTOR~;EY SADDLEBROOK VILLAGE Pb'D/19072 -2- JAN 2 1 1997 ORDINANCE 91-. 55 ~3; ORDINANCE A-~.ENDING ORDINA~CE NL.~BER 82-2 THE COY. PREHENSIVE ZONING REGULATIONS FOR THE ~;INCORPOP~T~ ~ OF COLLIER CO~;TY, F~RIDA BY ~DING THE OFFICIAL ZONING AT~S F~P ~;~B~ 9634S; BY CH~;GING THE ZONING ~SSIFICATION OF THE HEREIN DESCRIBED R~L PROPERTY FROM A-2 TO "P~" P~NED ~4IT D~ELOPMENT ~;OWN AS SADDLEBROOK VIL~GE PUD FOR AFFORDABLE HOUSING FOR PROPERTY ~CATED ON ~HE NORTH SIDE OF THE INTERSE~ION OF ~DIO ROAD (C.R. 856) ~D DAVIS ~~ (S.R. 84), LOCATED IN SECTION 34, TO~SHIP 49 SO,H, P~;GE 26 ~ST, COLLI~ CO~TY, FLORIDA, CONSISTING OF 33.79~ ACRES; ~D BY PROVIDING ~; EFFECIIVE DATE. · ~-HEREAS, Harvey Strauss, P.E., of Alpha Engineering of Lee County, Inc., representing John D. Jassy, Trustee, petitioned the Board of County Cc~nissioners to change the zoning classification of the herein described real property; ]iOW, THEREFORE BE IT Og~AIh~D by the Board of County CoLnissioners of Collier County, Florida: SECTION The Zoning Classification of the herein described real property located in Section 34, To'.~nship 49 South, Range East, Collier Ccunty, Florida, is changed fro= A-2 to "PL~" Planned Unit Development in accordance with the Pb~ Docuzent: attached hereto as ELhibit "A" ~hich is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 9634S, as described in Ordinance Number 82-2, is hereby amended accordingly. SECTION 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 Cot, missioners of Collier County, Florida, thi-. __~?~__/ day of , 1991. ..'ATTEST: ';' ~ JAMES C.' ~ILE'S, CLERK 'kPPROVED AS~TO FOP~ AND LEGAL SUFFICIENCY '~ ... ] !'y~':" MAP~3OP~E 14. STUDEr[T A$SISTAMT ¢OLRITY ATTORNEY R-90-36 PUD ORDINA2~CE nb/4730 BOARD OF COU~;TY CO,"24- ISSIONERS COLLIER COU~;TY, FLORIDA :PATRICIA A2;~ E GOODNIG~, SADDLEBROOK VILLAGE AN AFFORDABLE HOGSING DEVELOPMENT .PLANNED UNIT D~LOP.~EN~ DOC__U~N~ ~ate Issuedt Date Revised_i: Collier County.~lann~.Rg CQ~$--sJ~PP~33-1 Date: Board o~ County Commissioners n~rova! Da~_. Ord iD.a_nce Number: 91-55 PREPARED BY: HARVEY. STRAUSS, P.E. ALPHA ENGINEERING OF LEE COUNTY, INC. ~665 Cleveland Avenue, Suite 20~ Fort Myers, FL. 33901 (813) 332-4444 LANDSCAPE ARCHITECT: Native Landscapes Robert E. Marini, Pr'incipa! 2665 Cleveland Avenue, Suite ~03 Fort Myers, FL. 33901 (813) 33~-1505 Exhibit "A" TABLE OF CONTENTS SECTION I, Statement o[ Compliance .............. 1 SECTION II, Property Ownership g General Description ..... 2 2.01 Introduction and Purpose .............. 2 2.02 Name ........................ 3 2.03 Legal Descriptiom ..... ; .... . ....... 3 2.04 Title to Property ................. 3 2.05 General Description ................ 3 SECTION III, Project Develcpm~n~ .............. 4 3.01 Purpose ...................... 4 3.02 General Plan of Develcpment · ........... 4 3.03 Wetlands ...................... 4 3.04 Site Development Plan A?prova] Process ....... 4 3.05 Related Project Development Requirements ...... 4 SECTION IV, Land Use and Regulation · · . ........... 5 4.01 Purpose ...................... 5 4.02 Project Plan and Land Use ............. 5 4.03 Project Density .................. 5 4.04 Sequence and Sckeduling ............... 5 4.05 Recreational Facilitie~ ~n~..Schedule ........ 5 SECTION V, Recreation Area .................. 6 5.01 Purpose ...................... 6 5.02 Permitted Uses and Slructures ........... 6 SECTION VI, Wetlands, Transitional Areas, Lake(s), and Red Cockaded Woodpecker Flight Path. 7 6.01 Purpose ...................... 7 6.02 Function ..................... 7 6.03 Permitted Uses and Structures ........... g 6.04 Regulations . . .- . ............... 8 SECTION VII, Detached, Clustered Multi-Family ........ 8 7.01 Purpose ...................... 8 : 7.02 Maximum Dwelling Units ............... 8 7.03 Permitted Uses and Structures ........... 9 7.04 Regulations .................... 10 7.05 Additional Requirement ............... 11 SECTION VIII, General Development Commitments ........ 12 8.01 Purpose ...................... 12 8.02 PUD Master Development Plan ............ 12 8.03 Clearing, Grading, Earthwork, and Site Drainage . 12 8.04 Utilities ..................... 13 8.05 Solid Waste Disposal ................. 14 8.06 Recreational Facilities ....... ....... 14 8.07 Traffic Improvements ................ 14 8.08 Streets ...................... 15 8.09 Polling Places ................... 15 8.10 Environmental ............ ' ....... 15 8.11 Water Management and Engineering .......... 16 8.12 Fire Protection .................. 8.13 Open Space ..................... 8.1'4 Concurrency Management ............... IR 8.15 A~ordable Houming Agreement ......... - · · · ]8 - ATTACHMENTS "1" Statement of Unified Control "2" Agreement Authori:ing Affordable Housing Density Bonus And Imposing Covenants and Restrictions On Rea[ Property "3" Saddlebrook Village Development/Master Plan "4" Saddlebrook Village D~tails SECTION I STATEHENT OF COHPLIANCE This development of approximately 33.79 'acres of property in Section 34, Township 49 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as SADDLESROOK VILLAGE, an affordable housing development, will comply with the planning and development objectives of Collier County as set forth in the Growth Managemen~ Plan (GMP), The residential aspects of the development, together with the associated recreational facilities, will be consistent with the growth policies and land development regulations of the GMP for the following reasons: The Planning Services staff has reviewed this request consistency with the G... and provided the fc!low~ng analysis: The subject property is located within the Urban Residential Designation= ~ indicated in the GMP'S Future Land Use Element (FLUE) and Future Land Use May. More specifically, the site is within the Urban-Mixed Use District which permits a variety of residential development subject to compliance with specified criteria. The project is permitted a base density of four (4) resident!m! dwelling units per gross acre. Since the site is located within a residential density band, the project is permitted an additional three (3) residential dwelling units per gross acre. Furthermore, since the Developer will construct affordable housing'units, the project is permitted an additional six (6) residential dwelling units per gross acre. Since the site consists of approximately 33.79 acres, the project is permitted a total of~ Furthermore, the Developer plans to construct a total of 438 units on the subject property. Therefore, the subject petition is in compliance with the FLUE of the GHP, Furthermore, the FLUE contains a new provision for interconnection that is stated as follows: "If the project fails to interconnect with all existing projects when physically possible, and fails to provide interconnection with all future adjacent projects, up to one {1) dwelling unit per gross acre may b6 subtracted as deemed apppropriate by the BCC.'" A review of the project with reqards to project interconnections is stated as follows: North Property is borderea b? I-Yb r:~nt-ot-ua¥. Interconnec~xon xs Inappropriate. W.est Property uill interconnect to PaLm £prlnqs via Pine Crest Lane (Reference: PUD Development/Master PLan dated June 24, 1991.) South - Property viii, interconnect at Davis Boulevard/Radio Road inters'ection (P.e[erencel PUD Development/Master Plan dated June 24, 1991.) ~.~.~ - Property uill interconnect from the central portion of the project to vacant land to the east (R.~fer.ence.t PUD Development/Master Plan dated June 24, 1991.) Therefore, staff recommended that a reduction in density, as provided in the density rating system, is not warranted for this project. The Board of County Co~,-~ssicners concurred ~ith the staff recommendation. '- SECTION PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.0 1 .IN__T_~_RODUCTION AND P_UR__.P_QO.S.~ It is the intent of the owner to establish and develop a Planned Unit Development for affordable housing on approximately 33.79 acres of property located in Collier County, Florida, on the north side of the intersection of Radio Road and Davis Boulevard just south of Interstate 75. It is the purpose of this document to provide the required detail and data concerning the development of the property. The development shall ke knoun as SADDLE~ROOK VILLAGE PUD. 2.03 L~GA~ESCRIPTIO~{ The West 1/2 of the Southeast 1/4 of Section 34, Township 49 South, Range 26 East, Collier County, Florida lying South of 75; less and except the following: t~e South 50 feet for Radio Road right of way and the East 726.00 feet o[ the West 1/2 of the Southeast 1/4 of said Section 34. 2.04 TITLE TO The property is o~ned by John D. Jassy, Trustee. Although this property is in the name of John D. Jassy, Trustee, he ho!ds this property personally and there are no other o~ners. A Statement of Unified Control is attached as Attachment "l". Furthermore, the attached statement shall be identified as Attachment "1". 2.05 C_E~~,,~CR~PT~:! : ~ The property, is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Traveling east on Radio Road, the southern boundary is located at the most easterly road connecting Radio Road and Davis Boulevard. From this corner, the property extends 2,574.84' [l~rth to the north property line. Going in a Southeasterly direction (S73'-03'-41"E) a distance o~ 507.31' to a point on the northern property line, thence a distance of 115.36' to the East property line the southerly 2388.60' to the south boundary line thence westerly 593.06' to the southwest corner. This parcel contains 33.79a acres. The Current zoning of this property is A-2-vacant. Adjacent zoning to the north of the property is PUD and A-2 l;orth of 1-75; to the east is C4, ~HF-12, RMF-6, and RSF-4: to the south is C3 across Radio Road: and to the west is C-2 RMF-12, P~F-6, RSF-4 and RO. SECTION III PROJECT D~,'ELOPHENT The purpose of this section is to generally describe the project Dian of development and delineate the qeneral cond:tions that will apply to the entire project. The general D!an of development of SADDLEBROOK VILLAGE PUD is for a planned residential, multi-family, affordable housing co~.munity. This residential co~,munit7 will be comprised of certain amenities such as swi~.,~ing pool, clubhouse, tennis court (optional), and pre~erve areas (protected wetlands) for passive recreational o~p:rtunities. 3.03 WETLANDS t A The developer recogni:es the importance of the wetland areas. The developer also recognizes the importance of setting aside and not developing those areas and other areas which are envircnmentally sensitive. The developer has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the com.munity and the public interest in planning its careful and limited use of environmentally sensitive areas This plan offers ample open space and other amenity areas to [he residents. 3.04 SITE D_7_.OP .... ,~ PLAN APPROVAL PROCESS Site Development Plan approval, when required, shall follow the procedures as outlined in Section 10.5 of the Zoning Ordinance in effect at the time of development. 3.05 RELATED PROJECT Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the County Subdivimion Regulations, and the platting laws of the State of Florida. The development of any tract or parcel approv.d for residential development contemplatinq fee simple o~nership of land for each dwellin~ unit shall be required to submit and receive approval of a Subdivision Master Plan in conformance with requirements established by Ar.ticle IX, Section 3, of the Subdivision Regulations, or any subsequent Co amendment relating thereto prior to the ~ubmitt~l ¢~ construction plans and pla~ ~or any portion o~ the t~act o: parcel. Appropriate instruments will be provided at the time infrastructural improvements regarding any dedications and method for providing perpctual maintenance of core. on facilities. SECTIOM IV LA,ND USE ~_ND REGULATION 4.01 PURPOS~ The purpose of this secticn is to set forth the land use and regulations for development of the property identified cn the master plan. 4.02 PROJECT PLA:{ AND 5AND USE The project plan, including ]mhd use, is illustrated on the Development/Master Plan. Included is a schedule of the intended land use types ~ith approximate acreages and maximum d~elling units indicated. Eack parcel planned for development ska!! be subject to Section 10.5 of the Zoning Ordinance. 4.03 PROJECT The total acreage of SAD~EBROOK VILLAGE is approximately 33.79 acres. The maximum nu..-%ber of d~elling units to be built cn the total acreage is 438. Tke n~mber o~ dwelling units per gross acre is 13. The density on an7 parcel fractions throughou~ the p--~jec~wii[-vary according to the type of housing employed on each parcel fraction. 4.04 SEQUENC$ AND SCHEDULING The developer has not set "stages" for the development of the property: however, it is estimated that total buildout ~ill take approximately four years. Each phase will consist of approximately 110 units totalling four phases. 'The estimate may, o~ course, change depending upon future economic factors. 4.05 ~ECR~TIONA~ F~C~LTT3__E~__AND SCHEDp~ The following recreational facilities are scheduled to be constructed for the use of the residents of SADDLEBROOK VZLLAGE. The schedule for development of the facilities re~ates to the absorption schedule of the project towards bui]dout. 5 : ..... '. *~ .... .:~:.'.5~--~.~..'.-.'. ~:..~..'{!,,f,.?~: ~:.'.~..?.--':::.'....!. ?* :.- ................ : ... .... .,..., .... :.. -J · -~ -..-:...: ............. · ........... ~-~.~=-~~~ ' ~"'-,' ' - ---.3...~ '. ..... . ~' ...... ~ :~:'.-~ ~.~.-.,~,..-.,~,-,...~..~,..~.~~S: . :~-: ': ....... .' .':" .: '.:' 'c :.". ,' .',.'; ,.. ~~~ :~.~--"-~.,,--.--.--.--~...~:-:'"'-'- A. Clubhouse with swim~inq pool0 ]ounqinq deck and tennis court (optional) (1.25 acres). B, Passive recreational uses ol wetland~ and transitional areas (Preservation 5,40 acres minimum).* * Subject to receipt of necessary environmental ant other permits and approvals from applicable governmental agencies. T.A~L.£.! LAHD USE TYpE DWELLING UNITS SADDLEBROOK VILLAGE _L.A:{D__.US.E_SC.=.'.EpULE.. This development may contain a mixtur.- of one, t~o, and three b.,.c,m-~- ~ apartments. The total number o~ d~elling units shat1 not exceed 438 units. Acreage : : Residential " Clubhouse, pool, & tennis court (optional) Sign & Landscaping Wetlands and transitional Preserve Area Red Cockaded Woodpecker flight path Total SECTION V 20.81 Acres~ 1.25 Acres~ 0.04 Acres .3__~. ~. ~cr es ~ 33.79 Acres s.01 ~uRPOSZ RECREATION ~REA The purpose of this'section is to set forth regulations for the areas designated as "Recreation Area" as sho~n on the Development/Master Plan. 5102 pERMITTeD U~S AND STRUCTUR,~_$. No building or structure, or part thereo~, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitt.~d_._~n~!_U~s and St~uc~pres 1. Clubhouse 2. Swimming Pool 3. Tennis Court 4. Water Management Facilities 5. Earthmining (to be permitted only in conjunction ultn lake siting). B, ~.~i. tte~.Acce~ory.IJse~ and Structures 1. Customary uses o[ clubhouse; or other facilities. 2. Swimmlng pool and other types c~ facilities intended for recreation. 3. Tennis court intended for recreation. C. General Requirements 1. Overall site design shall b~e harmonious in terms landscaping,enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2. Recreational buildings shall be located a minimum of fifty ($0) feet frcm any residential building and a minimum of twenty five (25) feet from any proper~y boundary. The area around this recreational area ~ka!I be landscaped and maiztained to act as a bu..er 3.Lighting facilities shall be arranged in a manner "~ch will protect roadways and ' nelg,.,~.1,.~ residences from direct glare or interference. D. Ma×imum___He__.ight " Thirty five (35) feet above the finished grade cf the E. Off-Stregt_%_p__a.[kioq The off-street parking shall be as required by Collier County regulations in effect at the time of Site Plan approval. -' .. pment F. Landscapinq Landscaping shall be provided as re~ cm~l~,- ~ations in effect at the time o: Sit. approval. SECTION VI WETLANDS, TRANSITIONAL ~REAS, LAKE(S), AND RED COCKADED WOODPECKER FLIGHT PATH 6.01 ~URP~S~ Purpose of this section is to set forth the function treatment and use of the wetlands, transition areas, {ake(s), and Red Cockaded Woodpecker Flight Path as shown on the Development/Master Plan. The primary function ~ha]] be the precervation o~ an attractive resource community, wildlife habitat and sanctuary, retention of water during rminy ~easoms and a ground recharge ar,a a5 w~l I a~ a water quality improvement ~acility. The area will a[3o provlde unique recreational opportunilies and an aesthetic experience ~cr the pleasure of the project residents. 6.03 pERMITTED US~$ A:;Q S%~%qRE~ No building or structure, or part thereof, may be erected, altered or used, or land or water used', in whole or in part, for other than the following: A. Permitte~ ~D.~ika!_U.seA.~.n~_Str.q~tu~es, 1. Nature trails 2. Paths to provide acc:ss from the uplands through the area 3. Water Management facilities *Uote: All uses and structures in preserve areas shal! require further review durin~ the Site Development Plan approval process by the Environmental staff of Project Review Services prior toJ~proval. 6.04 REGULATIO~(~ A. General 1. All development including clearing, grading, and/or other earthwork shall be in accordance with the ccm,~itments of this document and approved by Project Review Services. 2. All structurem and other development shall be subject to receipt o~ necessary permit~ and authorization~ ~rom applicable County, State and Federal Governmental agencies. SECTION VII DETACHED, CLUSTE.R~D MULTI-FAMILY 7~01 PURPOSE The purpose of this section is to set forth the regulations for the multi-family apartment buildings and the immediate areas upon which the buildings are located. 7.02 MAXIMUM WELL NG U I__~ ~ A maximum of 438 dwelling units, includin~ the manager(s') unit(s), will be constructed on this site. 7.03 P.E.R.M_I_T_TED__U. SE5 AND..S. TRUCTURE$ .~e_rm_ik~e¢.~rj. nKipal ~s~s. and.Structures 1. Detached multi-family buildings containing a mazimum c~ 24 dwelling units (apartments). 2. Water management facilities. 3. Open spaces and related recreational ~acilit:es. 4. Signs as permitted by the Collier County Sign Ordinance (Reference: Ordinance Number 89-60). 5. Earthmining (to be permitted only in conjunction ~ith lake siting). Permitted AeeessoFy 1. Customary accessory uses and structures. 2. Model apartments in c:njunction with promotion of the development for a per~od not to exceed four years ~rcm the initial use as models. The maximum number of model units will be four in each of the two sections. ~o more than three "Dry Models" may be constructed prior to recording of a plat for the p~oject if applied for by the project owner. :Site(s) for the model(s) must conform to zoning standards'and be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part the buildin~ perm. it issuance. Access shall be provided to each model ~rom the model serving as a "Sales Center" or an approved independent "Sales Center". Access ska!I be for ~edestrian traffic only, no road will ke allc~ed. A "Sales Center" ma) be constructed prior to recording of a plat. The "Sales Center" sha~l be limited to one structure (one building permit.) It may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim ~ire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available te serve the Center. R, ziew and approval of the "Sales Center" s~all follcw the requirements of the Site Development Plan pr=tess (Zoning Ordinance, Section 10.5). A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" .shall be provided by a paved road or temporary driveway which meets County standards. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious sur[aees. The system shall be designed to ~it in with the master water management system for the entire development. 5. 6. 7. At the time of building permit a;p[ication ~or a Center" a temporary use permit sha~l be cbta:ned. "Sales Centers" may not be occupied until a Certificate of Occupancy is ~ssued.' Models must obtain a conditional Certificate of Occupancy for mode] purpose= only. Models may not be occupied until a permanent Certificate of Occupancy is issued. Rental management and leasing faci~it{es (~ith~n an apartment) for the continual rental of the apartments. The Clubhouse(s) may be used as rental/management office(s) to be phased out uhen all units are rented. Manager($') unit(s)/office(s). Laundry Facilities. Community Rooms. 7.04 REGULATIONS Site Plan Design The overall site plan design shall be harmonious in terms of landscaping and enclosure of ~ructures, location of access streets and parking areas and=location and treatment of buffer areas. Lighting Facilitie§ Lighting facilities ~ill be arranged in a manner ~hich ~ill protect roadways and neighboring properties frcm direct glare or other interference. Maximum Height Three (3) stories. D. Minimum Yard Requirenents (Project) 1. Depth of front yard -.Thirty (30) feet plus cne (1) foot for each t~o (2) feet o~ building height over thirty (30) feet. 2. Depth of side yard - Fifteen (15) feet plus one (!) foot for each t~o (~) feet of building height over thirty (30) feet. 3. Depth of rear yard - Thirty (30) feet plus one (1) foot for each t~o (2) feet of building height over thirty (30) f'eet. ~ote: Yard depths shall be measured from the boundary perimeters of the project uith the exception of ~ot sides fronting on roads or driveways. Lot sides fronting on roads or driveways shall be considered as front yards and the front yard depths shal! be measured from the buildings to the edges of the driveway pavements or roadway pavements, a~ applicable.). E. p~t~DCe ~.~t---~O.-Str.uctur~.% - Between any two (2) principal structures on the sam* lot - fifteen (15) ~eet or a distance equal to nne-half (1/2) the sum of their heights, ~hichever is th$ greater. 750 square feet per unit. Off-St[~3t Par~i__n.q The off-street parking shall b'e as required by Collier County regulations in effect at the time of Site Development Plan approval. ~/Dd~ca_p_iD~ Landscaping shall be provided as required by Collier County regulations in effect at the time of Site Development Plan approval. ~uffer Area A landscaped buffer shall be provided adjacent to the project boundary. The design of the buffer shall meet the standards required by Collier County regulations in effect at the time of Site Deve~o;ment Plan approval. The buffer shall incorporate existing vegetation. ~nimum Lot Area Requirement One (1) Acre. M~nimum Lot Width One hundred and fifty (150) feet. Minimum Yard Requirements {Lot) (Note: A lot side fronting cn a driveway shall he considered as a front yard and the front yard de~th shall be measured from the buildin~ to the edge of the drive~ay pavement.) 1. Depth of front yard - Thirty (30) feet plus one (1) foot for each two (2) feet of building height cvec thirty (30) feet. 2. Depth of side yard - Fifteen (15) feet plus cae (1) foot for each two (2) feet of building height over thirty (30) feet. 3. Depth of rear yard - Tklrty (30) feet plus one (1) foot for each t~o (~) feet of building height over thirty (30) feet. 7.05 ADSITIO~(AL No one-bedroom affordable housing units shall be permitted for sale or rent for this PUD. SECTION VII. I CE~EHAL DEVELOPHEHT CO~ITHENTS s. o ~ The purpose of this section is to set forth the standards development of the project. Standards not specified hereln are to be in accordance with the Collier ~ounty Ordinances in effect at the time of Site Development Plan approval. 8.02 PUD RASTER DEV~OpME~;T A. The PUD Development/Master Plan illustrates a preIimlnary development plan. B. The design, criteria and lay-out illustrated on Development/Master Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. = ~ C. All necessary easements, 6edications or other instruments shall be executed or granted to insure the c:ntinued operation and maintenance of all service utilities. D. Minor site alterations may be permitted subject to Section 7.27, (j), of the Collier ¢:unty Zoning Ordinanace. E. Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and l¢cation and treatment of buffer areas. Signage to be determined as a part of the final design approval process. F. Any lake excavation shall be done in full compliance with Ordinance Number 88-26 and South Florida Water Management District rules. The minimum lake size and depth~ will be determined by the above. 8.03 ~LEARtNG,'GRADI~, EARTHWORK, A~D S~T~ DRA~NAG~ All clearing, grading, earthwork, and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefu%l~ marked and protected durinq construction using the best available management techniques so as not to harm any such areas or plants. 8.04 P.T[LITI.~ ~a~AF._and Sew~.~ 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rule~ and regulations. 2. All customers connecting to the water distribution and Sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should ~. t.._ County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 3. It is anticipated that the County Utilities Division will ultimately supply; ~qtable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development co.~..ences, the Developer, at his expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 82-76, as amended. If an interim ca-site water supply, treatment and transmission facility is utilized to serve the project. it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. This project shal! tie into the existing water main and force main within Radio Road / Davis Boulevard right- of-way. Additionally, this project, as part of the final construction plans, shall extend a water main and force main to the project's western boundary (where the road meets Pine Crest Lane) and be properly capp,d tot future Connection. This project shall be designed for c,ntra] .wat,r and sewer systems. No individual septic installations shall be permitted. 8.05 ~OLI~ ~ASTE DISPOSAL Necessary arrangements and n~reements shall be made with an approved so[id waste dispcsa! service to provide far solid collection service to all areas of the project. 8.06 R~C~_$_ATIONAL FACILITIES The nature trails, picnic area(s)", clubhouse(s), pool(s), and tennis court(s)(optiona[), and facilities, and any access thereto, shall be maintained by the C~ner or his assignee. 8.07 T~AFFIC I..~..8Oq .... A. Subject to Florida Department of Transportation approval, the project shal! have a direct access '~ of o~. Davis Boulevard. The develoTer shall provide eastbound and westbound turn lanes on Davis BouIevard. If a median opening is permitted upon the four laning of Davis BOulevard, the developer shall be responsible for the cost of all intersection improveA~s necessary to serve the site. B. The developer shall provide arterial ]eve) street ]ightinG at the project entrance. C. The developer shall provide a fair share contribution toward the capita[ cost of a traffic signal at the project entrance ~hen deemed warranted by the County. The signal will be o~ned, operated and maintained by Collier County. D. The road impact fee shal! be as set forth in Ordinance 85- - 55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates o~ occupancy are issued. In consideration of the implementation of the Adequate Public Facilities Ordinance and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvements, the developer is advised that future land development activities in the area shall be subject to future ]and use controls consistent with the above regulations. Subject to the approvals of the Florida Department of Transportation and the Collier County Transportation Service~ A~ministrator. the abandoned Pavement at intersection of P, adio Road and Davis Boulevard shal I he removed and direct acce,-~ into the project :hall he provided off of Davis Boulevard. 8.08 STREETS The streets within the project may be privately o'~n ed and maintained with the exception of the street' leading from the entrance on Radio Road to th, north h~f of the project and street interconnecting the adjoining property to the east ~ith the adjoining property to the 8.09 ~OLLING PLACES Polling place~ shall be pe~tted and provided for a~ deemed appropriate by the Supervi~cr of Elections, in accordance with Section 9.11 of the Zonin~ Ordinance. 8.10 ~;VIRONMENTAf, A. The developer shall ccm~ly ~h Ordinance Number 82-2 amended by Ordinance N~er ~57 (Use of Native S~ecies in B. oper shall ccm?]Z ~ith Ordinaa~mber 7~_~1 amended by Ordinance N~er 89-58 (Pr~erv~ cf Habitat and Tree Remcval Permit). C. The developer shal~ comply uith Ordinance Number ~2-37 amende~ by Ordinance ~e r 89-53 (Removal of Species ) . Exotic D. The developer shall be subject %o the Co~]ier County Comprehensive Plan, ~vation and Coastar Ma aeme Element, Policy 12. .~ ~clsCover~ o~ an archaeological preservation) . art~,act or other indicator of E. Prior to the final construction plans and plat and/or Fina{ Sit~ Development Plan approval, the developer shall obtafn and submit to Project Review Service~ d:Cumentation of all necessary loca[, state and federal permits. F. In the event protected specie~ nests or burro~ are encountered du~ing development activities, the Col I County Project Revie~ Services, Environmental Revieu Staff sha[ ~ be notified im.~ediate[y and project design may be adjusted if ~arranted (Co~]ier County Comprehensive Plan, Conservation and Coasta~ Management Element, Policy 7.3.4). G. Protected plant specie~ inc]~.ding ~rub blat. lng (~ia~r~s ~o~) and those s~ghted during d,ve[ opment . activities ~ha]l be protected ~rom ~njury or re]ocat,d on site, preferable to preserve or landscage nt'eas. The 15 existing locations as ue]l as th, tran~plantin~ Iccatjonc shall be identified on [he S{te Clearing Plans. The preserve areas shall be surveyed and indicated on the final recorded plat as preservation ea'sements or tracts, and dedicated with prntective covenants to maintain the areas in their natural pre-development state. I. Quantitative criteria for mitigation shall be based on the results of final field determinations made by the South Florida Water Managemez~ District and Collier Ccun%y Environmental Staff at the time of construction plans and plat and/or Site Development Plan approval. Compensation proposals shall provide reasonable assurance that resource impacts will be offset. 1. Mitigation plans proposed in wetlands to be preserved, restored, enhanced shall include a statement indicating why no other reasonable options to impacting jurisdictional wetlands ~r9 available, a description cf area (location and siz6)~-.vegetation proposed to be planted, source of vegetation (transplantation from impacted areas preferred), hydrologic regime, exotic vegetation removal, monitoring and maintenance plan. 2. Mitigation proposed in up]and areas shall emphasi:e establishment of habitat value. Vegetation retained and supplemented shall focus on wildlife value and establishment of native vegetative "ccr.~un:ties". J. The developer shall be subject to all Collier County Environmental Ordinances in effect at the time of final local development order approvals. 8.11 ~ATER HA~AG~u~';T AND E:~q!NE~RINq A. Detailed pa~ing, grading, site drainage, and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the sukmitted plan~ is grante~ by Project Review Services. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the'. proposed lake(s) in accordance with Collier County ~r. dinance__N~.'~bar_. D. Platting is required in accordance ~ith Collier County Subdivision Regulations, if any lots, tracts, or parce~ are to be sold. 16 ..'.' .-'?.'::.-.' ---',:.-':~'.: :.--. .... .-. .... .::. :;.. '..,'.;:.---:.......~~-~:~ '.:~'~:,~.'.~.:'v'..-c?_,~-.-.,?. ,,. ,. .... -"~:,.'-'..~....'-:-.~'.~. ..... ::'.'-? ~: ~ -~.':'t---' -~ --.:-:,' '-:. ~~~~ __~.' ' ~,~-~.:~../.~.,'~'.:Z't'_~, ...... ........ . .... : ............... ~: :...._ .~~~~.~ _-~.,: ..... ,.. · ' ..... '~' ~' "CT ' '. ·---'.' '. ~ - :.' ~ -~,° --~--~ q'.':~,~..-..:,,-~.r~ -~.'3t-.,-..~,, . .... ... · , . .... . . -. ~ ..--... o ..... ..,... ~~, ~.'-~"r".--,..--~'-~.. .............................. :_.. ~~,~-_--,,-~ · ' ' .... ~ :' ':: -"" "~' '" °~.'L"'~-'"b%:'-'"':-?'-': ;~~~'-'e'--~:~-'~'-'- - -~ :LLC--2' '---~ --L* -,-~--' - ~ / Work within Collier County right-of-way shall meet requirements of Collier County right-of-way Ordinance f~ur.h-r 82-91. F. All requirements of the subdivision 'ordinance must be met since no variances were requested. G. Access improvements into each t~act as .shown on the PUD Master Plan is informational only. Location and nu.-..ber of access improvements is subject to Subdivision Master Plan or SDP approval . H. This project is approved for rezoning purposes only. Subdivision Master Plan and/or SDP shall be submitted and approved at a later date. In accordance ~ith the Rules of the South Florida Water Management District, (S?~'MD) Chapters 40--4 and 40E-40, this project shall be designed for a storm event Of 3-day duration and 25-year return freKuency. J. A copy of SF~MD Permit or Early Work Permit is recuired prior to construction plan approval. ' K. Prior to discharge into the on-site wetland preserve areas, 0.5 inch dry pre-treatment shall be provided. L. Landscaping shall not be placed within the ~ater manage.-.ient areas unless specifically approved ky Project Revl e'~ Services. M. The existing ditch a]cn~ the western property shall be improved to ensure adequate hydraulic capacity and positive outfall. N. The bottom elevation of all dry detention/retention areas, excluding the preferve areas, shall be at least 1 ft. above the wet season water table. O. The lake(s) shall be a minimum of 0.5 acre in si:e in accordance 'with 'South Florida Water Management District rules. P. This project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way, tracts, and easements as sho~n on the master plan. ' Q. Pine Crest Lane shall be brought up to [oca! road standards as defined by the County Subdivision Regu]at/on~ h-t~,en the project access and Palm S~rings Boulevard. R. Palm Springs Boulevard shall be ~idened to 24 ~..~rom P~ne Crest Lane intersection to Radio Road. Prior to Site Development Plan apprnva] , a ~ater supply ~m~rce for fire fighting purposes shall be identified for this proiect. 8.13 OPEN SPACE · ,,---~,_~ - · -- ~ j r ] 's gro~s area snail be oe~otea ~o usable open spac~l~_~-a'ccordance with Collier Fo~nty. Ordip.~.-42. ~rement shall not apply to ~ncivicual ~eve~opment parcels. 8.14 CONCURRENCY MANAGEMENT Development permitted by approval of this petition will be subject to a concurrency revie~ under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, or building permit issuance applicable to this project. 8 15 6FFORDABLE HOUS~NG AG.,~.._N~ The Saddlebrook Village project shall be operated in accordance with the ,terms of au executed Affordable Housing' Agreement between the project o~ner and the Collier County Board of County Commissioners. The Affordable Housing Agreement is attached as Attachment "2" and is further known as "Agreement Authorizing Affordable Housin~ Density Bonus And Imposing Covenants And Restrictions On Real Property." STATEMENT OF UNIFIED CONTROL RE: 33.79 ACRES RADIO ROAD/DAViS EOULETARD The above referenced property that ! purchased to develop for affordable housing ~as acquired personally. Although it is in the name of John Jassy Trustee, ! hold it personally and there are no other .... _ STATE OF FLORIDA COUNTy OF LEE Before me personally appeared JcP_n Jassy to me will known and kno'~n to me to be the person described in and who executed the foregoing instrument, and acknowledge to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and officia! seal, this /~_. day of 1990. ,: '~.H'~ CO~XS~XOH EXPXRES .... ,... % ... ~ I ~ -" Attac~bment "1" DENSITY BONUS AND IMPOSING COVENANTS RESTRICTIONS ON REAL RENTAL 1991, by and between ~OHN D. JASS'f, TRUST~ (the" ,, Developer ) and the Collier County Board of County Commissioners (the "Cor~mission"). RECITALS: A. The Developer owns real proper~y described as (complete legal description) The West 1/2 of thg",, $ou%h~ast 1/4 of Section 34. Township 49 Sou%b, Range 26 East. Collier County, Florida lvinq South of 1-75; e×ceo% the ~ollowinq: the South 50 ~eet ~o; ~adio ~oad Rioh~ o~ ~av and %he ~ast 7~.00 feet ~f tke Southeast ~/4 of said Section 3~ known as Sadd!ebrook Village P~anned Uni~ Oeve~ooment [The "Prooertv"). The legal and equitable o'~ners include John D. It is the Developer,s intent to construct a maximum of 438 residential units (the "' ; .... Un.~ ) at a density of 13 units per gross acre on the Property. B. In order to const~uct the Units, the Developer must Obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance ~;o. 90-S9, uhich density bonus can only be granted by the Co~missicn in accordance ~ith the strict limitations of s~id Ordinance. C. The Com.mission is ~illing to grant a density bonus to the Developer authorizing the construction of _ ~02_ bonus Units Untt~ a~ specified tn tht~ Agreement and the Developer covenants RENTAL Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenan% and agree as 1. Recitals. The a~ove recitals are true and correct and are incorporated herein by reference. 2. Developer Agree:ents. The Developer hereby agrees that it shall rent the Units in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibit A and Exhibit B, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. Units a% the Property which are not an affordable Unit ("market-rate units") shall be exempt from the provisions cf this Agreement and may be leased or rented by the Developer on ter=,'S and conditions acceptable to the Developer in its sole discretion. The developer shall pr%vide, within forty-five (45) days from the date that notice, is received by the Commission, on-site management to assure appropriate security, maintenance and appearance of the development and the Units. a. The following provisions shall be applicable ~o the affordable Units: (1) Definitions. Any and all definitions provided by Ordinance No. 90-89, as amended, are hereby incorporated by reference. Phasing shall mean (a) the phased construction of buildings or structures in separate and distinct stages as sho~n on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of ~tarts and finishes that.are separate and distinct ~ithin the development. .(2) Base Rent'. The.monthly base rent for the RENTAL increased each year from the date of %his the rent does not e×ceed one-t~elfth (Z/12) of 30 percent of an amount which represents 50 percent (for very 'percent (for lo~ income), of the then applicable median adjusted gross annual income for the household az published annually by the U.S. Department of Housing and Urban Development.for the area defined as the Naples Metropolitan Statistical Area (:iSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a lo~ income or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate d~elling in the same or similar development. (3) Median Inco=e. For the Durposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall he the then current median income for the Naples Metropolitan Statistical Area, established perl~d%cally by HUD and published in the Federal Register, as adjusted for family size as shc~n on the tables attached hereto as Appendix A, Exhibit C, ~hich Exhibit shall be adjuste~ from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant; '2) verification of family income; and 3) execution of an income certification form. All three steps shall be accomplished prior to a tenant being qualified as an eligible family to rent and occupy an affordable housing unit pursuant to the affordable housing density bonus program. No person shall occupy an affordable hohsing unit provided under, the affordable housing density konus program prior to being qualified at the app~pp~!at~ level'~6f income (lo~ or ' · ..... ' ''' '-?- "3f' AG£NDAIT£Nt - ' very low 'income) in accordance with this~$ecti¢.n..~.~, ;~-~~~~c~ ... - ~ ..... ~ _ _ ~ "~ ..... RENTAL The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improve:em% Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance ~ith the monitoring and enforcement program created and adopted by Resolution of the Commission. (a) Application. A potential tenant shall apply to the developer, o~er, manager, or agent to qualify as a low or very low income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Hpusin~Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, E~hibit A, attached to this Agreement and incorporated by ~eference herein. (b) Inco=e Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a low or very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most r'ecent year's federal income tax return for the potential occupants (including the entire 'household) may be used for the purpose of income' verification, if attached to the A~fordable Housing Income ' ! I t RS~:TAL block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may ~e verbally ~pdated from the original sources for an a~diticnal 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exh{bit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application .-r Affordable Housing Unit and Affordable Housing Income ' ~e--.ication form, the Developer shall require that an income certification form shall be executed by the pctentia! tenant (includin~ the entire household) prior to rental and occupancy of the aff0Kdable housing unit By the tenant. Income certification shall assure that the potential occupant has a low or very lo~ household income which qualifies the potential occupant as an eligible family to rent and cc:upy an affordable housing unit under the a~~..da,l_ housing density bonus program. The Affordable Housing Income Certification fo~ shall be provided by the Housing and Urban Improvement Director as sho'~n in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: . (i) name, address, and telephone number of the head of household and all other occuoants; (ii) a description of the unit to'be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documenta- tion to verify occupancy in accordance with this Agreement and Ordinance No. s0-s~;'as'a=enhea,'may' ~e'~ondu~tea and Urban :mprove~t Direct6r'<'r':.\ .... ".' "":: ',:':': ' ' .' := '-'"- :?.':-::%"..'. : /': .... I ..... · ,. ... .. ~ ~'. ' . :.*...-'~-~ '~. _ .... ~. - c '.-~:~--. '~'.t~ ~.-.'-'~ ~ ~..'- ~'-~-~-,'~ .~ ~'~' ~' ~- - '' .'. '_' r.~..' ;. .~.~ ~..-*-~ .... ~ T~ ' ~': ·'.~ ' .-· ~"~-~- ~.~-~--,- -... ~' ' ' ':--~--~'---~-.'~"~-~, ~~ . ~~'-'~~'~'. ' I _,: ..... ~,, .... :.~,: ::..- ~, ..: :-~.-~ ,~.~ ~ ~' .~~~,,~. ,t.~ .... . ......: ......... ~....:_-.~.~..~...~=.~~. ......... - .......... . ..... .: ~ .~'~?~. ~ ~~~ - ' ..' -- - - ' '-- - , - · ~.~-'~-~-:= - ~7~.~_ .~ - ~,~~" . .' · _ . . ....QL .~. ~.-~-.,t.. ~'.'~.J~L'T-...~;~'~?V~-~ .. (5) Disqualification of Teman~. In ~he even= that tenant qualification is not subsequently confirned by the Mousing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the'monitoring and enforcement program. If tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report. The Developer shall provide the Mod~ing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual and monitoring report shall, at a minimum, provide any infcrn_a- tion reasonably re~aired to insure compliance with Ordinance No. 90-89 or subsequent amencknents there%o. The report shall be filed on or before $~ptember 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improve- ment Director. Failure to complete and s ..... 1~ the moni~sring report to the Housing and Urban Improvement Director within si×my (60) days from the due date shall result in a penalty cf up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expirati'on cf the sixty (60) day submission deadline. ~;o more than one such extension may be granted in a single year.. The progress and monitoring report shall be in a form provided by the Housing and Urban Improvement Director. (7) Occupancy Restrictions. ~:o Affordable Unit thereof. The Developer may no~ assign, delegate or otherwise transfer all or part of its duties, obligations, cr promises under this Agreement to any successor in interest to the Property 'without the express written consent of the Commission, ~hich consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the parties. 8. Notice. Any notice de~£red or required to be given under this Agreement shall be in ~riting and shall either be personally delivered or shall ~e sent by mail, postage prepaid, to the parties at the following addresses: To the Ccr~ission: Housing & Urban improvement Dep=. 3050 ~:. Horseshoe Dr., Suite 158 Naples, Florida 33942 To the Developer: John O. Jassv Jassv & ASsociates, ~nc. 10911 Bonita Be~ch Road, Suite ~01 Bonita Beach. Florida 33923 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier County Housing and Urban Improvement or his designee shall have the authority to monitor and enforce Developer's obligations.hereunder. 10. Indemnify. The 'Developer 'hereby agrees to protec~ · '. - · . ..... : ~. ~*..-., .- - · /- '~0 ~-~i_~_~ .... '. .... . . ' .~.~%_'.;'".'2~, ', ' - ~ ',' '.'3'- ~.2':'.%"? , ~'~':~'~:5,-""-'-~,. -", ' - ' RZ:;TAL the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Com. mission hereby acknowledges that ~he Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 7 units per acre, and is therefore granted a density bonus of 6 density bonus units per acre, for a total of ~02 density bonus units (total - density bonus units per acre X gross acreage), pursuant to the Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Co~nission further agrees that the Developer nay construct thereon, in the aggregate a maximum number of 438 units on the Property provided the Developer is able to secure building per~ it{s} from Collier County. 4. Co-.mission Agreement. During the term of this Agreement, the Co~nission acting through the Housing and Urban Improvement Department or its sucde~sor(s) covenants and agrees to prepare and to make available to the Developer any general informatio~ that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Wiolations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the re.--as of this Agreement; or to ~knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them by the Ordinance. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement· for a breach or violation of this .'~g~eement- shall be at the option of the Commission by crimina'l"e~for~e~nt,Pu'rsuant'to the ' - ·".. ' ~ '7 ~ '' ·.~7~.·~'-~23~'/%lQ;a:''~.-..'-''{'-3~ ..*.~,~-i~ ~.= 2',~ "'L ~' .. - i ~ ~' ~-~"--'.~--~; ~.~ ~ '~; ~ ~. ~-' ~2~ .... ~~"';'~b~""~~'~ 12 -~" ~-~..~ ~ ~ ..~~ ~ _.~._.~ ~....~.~.~~ ~ ........... ~ - ~~~?~~~~r~~.' ~~ .... ~~,.~. RENTAL provisions of Section 125.69, Florida Statutes, or ky civil enforcement as allowed by law. b. Notice of violation for Code Enforce:emi Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvement Director by cer:ified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation of the. Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Cor.~issioners, shall specify the violation or violations, shall state that said violations(s) shall be corrected within ten (10) days of the date of the Notice of Violation, and shall state that if said violation(s) is/are not c6~rected ~y the specified date in the Notice of Violation, the Housing and Urban Izprovenent Director shall issue a citation which shall state the date and ti=e of issuance, name and address of the person in violation, date of the violation, Section of this Agreement or of Ordinance No. 90-89 or subseqluent amendments thereto violated, name of the Housing and Urban Development Director, and date and tine when the violator shall appear before the Code Enforcement Board. c. Certificate of Occupancy. In the event %hat the Developer fails to maintain the affordable units in accordance with this Agreement or with ordinance No. 90-89,.as amended, at the option of the Cor~ission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located ~pon the Property until the entire project is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assigrunent by Conn£ssion. The Commission may assign ' all or part of its obligations under this'Agreement to any other publ. ic agency having' jurisdicti6n o~e~"th'~'P'~'o~'~rt~'~&~ided tha~ ?:. RE:;TAL employees, and agents harmless from and against any and all claims, penalties, damages, losses and e×penses, nrofes~icnal fees, including, without limitation, reasonable attorney's fees 'and all costs of litigation and judgments arising cut of any claim, willful misconduct or negligent act, error or cmiusion, cr liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer .agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any o'~nership interest at any time and from time to time until this Agreement is te.'-minated in accordance with Section 14 below. However, the parties agree that if Developer transfers or conveys the Property to another person or ~t~ty, Developer shall have no further obligation hereunder and any person seeking to enforce the te~s'hereof shall look solely to Developer,s successor in interest for the perfol-mance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit' (low or very low income) designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15} years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in writing. 15. Modification. This Agreement sh:!! k= .D~J~i=G u~ ~.' ."'~?~ -.':~'=-~-~--~e'~-"~-~?'.~.'-~*~ ~ ~,~.~.~-.':.-~'~'~ ~'-'.~-'r~ ~ ~~ '~&'X~',~'~': ' .... ."~ '~',.'~'~" ~t~'~:~-~'- ..... ~' ~~ ~: ':'-~ ~'~~, ~'~ ~-~~~1 .......... "- 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant kecause Of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the sane in a non-discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. o. The developer agrees to be responsible for pay~..en~ of any real estate cor~issions and fees. d. The affordable housing units in the development shall be identified on all building plans submitted to the County and described in the Developer App}iS~=ion for Affordable Housing Density Bonus. e. The affcrdab!e housing units shall be inter~..ixed with, and not segregated from, the market rate dwelling unity in the development. f. The square footage, cons=ruction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so' long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a marke~ rate unit or affordable unit R£::TAL physical amenities less than those described in %he Developer Application. 17. Phasing. The percentage of affordable housing units to 'which the Developer has committed for the total deve!cpment shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer to thirty (30% percent affordable housing units for this project, with thirty C30) percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable hcusing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collie~Cpunty that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as amended. 21. Preapplicatioz. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing La~. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further A~surances. The parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, ins~r~menps, and_agree~nts R~NTAL reasonably required in order to effectuate the imtem% of =his Agreement. Such documents shall include but no= be l~nited to any document requested by the Developer to exhibit that thiu Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: JA2{ES C. GILES, CLER/< Witnesses: ,! Approved as to form and legal sufficiency: Martha N. Howell Assistant County Attorney BOARD OF COU~.ITY CO:C{ISSIONjT~RS COLLIER COUNTY, FLORIDA ':. ~ATRICIA A2;:iE:~OODNIGHT, ~ha~rman DEVELOPER '"'? '. ~ ' . ' · JOHN D. JASSY, TRUSTEE ...... t { / ' RENTAL STATE OF FLORIDA COUNTY OF COLLIER 'The foregoing Agreement Authorizing Affordable Housing Density £onus and ImPosing Covenants and Restrictions on Real Property acknowledged before me by John D. Jassy, Trustee. WITNESS my hand and official seal this %~I.' . day of '~, ~,,' , 1991. ;- '. _ No%ary Public My Commission Expires: 00NNA J. Appendix NS~BER OF ~ZITS £ASE RENT Single Multi Single :~ulti Family Family Family Family LOW INCOME Efficiency 1 Bedroom 2 Bedroom 88 3 Bedroom ~& 4 Bedroom VERY LOW I~;COME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom ~575.00 (1) Base residential density allowed in this deve!c;nent 7 units/acre. (2) Gross acreage 33.8 . (3) Maximu~ number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 6__ units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) . ~3 units/acre. (5) Percentage of affordable units pledged by the developer as a percent of the total number units in the development 30 %. Appendix A, Exhibit ~FFORDASL£ ~OUSI~:G D~.';$ITy ~O::US RATING SYST£~ Section 7, ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. Tha affordable housing density bonus rating system shall he used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (o%~er-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household inccm~ level and the number of bedroo=s is sho'~n in Table A. After the affordable housing density bonus rating has keen dete~ined'in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum nut. her of residential d~elling units ~r gross acre that may be added to the base density. These additional residential dwelling units per gross acre a~e the maximum affordable housing density bonus (~EDB) available to that development. Deve!c~nents with percentages of affordable housing units ~'hich fall in between the percentages sho'~n on Table B shall receive an affordable housing density bonus e~ual the lo.er of the two percentages it lie~ between plu~ 1/10th of a residential dTelling unit per gross acre for each additional percentage of affordable housing rental unit~ in the development. For example, a development ~hich has 24% of its total residential dwelling units as affordable housing units, and which has an affordable k~using density bonus rating of "four" ~ill receive an affordable housing density bonus (~DB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (kased on level of income and number of bedrooms shown in Table A] proposed for a development, the affordable housing den=ity konus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table 8, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) d~elling Units per gross acre .~'..~. . .~ -. 'C'~.~:e...~'.~ .,,-.,~.. ~.., Appendix A, Exhibit B AFFORDABLE EOUSING DEN~_ITY BONUS RATING TABLE A: AFFORDABLe,HOUSING DENSITY BONUS RATING LEVEL OF HOUSEHOLD INCOM-i EFFICIENCY 2 MODE~.%TE (O'-%'ER-OCCUPIED, SINGLE-FA.MI LY) 0 1' 1' LOW (O'-7~ER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FA2~.ILY) 2 3 4 VERY LOW (O'-~NER OCCUPIED OR RENTAL, SINGLE- FAMILY OR P?.JLTI- FA.M I LY ) 4 5 *For cluster housing deve!opnents in the Urban Coastal Fringe, add i density bonus to obtain 2. TABLE B: A~'FORDkBLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE D~-'-LLING UNITS ~ER GROSS : '. AFFOP2~ABLE HOUSING D~:;SITY EO:,'JS P.%TING ~ 07 A77ORDABSE HCU$!::G tR.;ITS i 0 0 I 2 2 o ;_ ~ 2 3 2. 3. 4 5 5 4 5 7 8 Please calculate your density bonus in the space providel belo'~. Attach additional pages if nee.ssary. INCOMg ~:;D RENT LEVELS FOR HODERATK INCOME, ),OW I):CO~£ ~0 VERY LOW Pursuant to the Affordable Housing Density Bonus Ordinance, No. 90-89, moderate income is 81% to 100% of Median Income, income is 51% to 80% of median income and very lo~-income is less than 50% of median income. $40,000 MEDIAl; INCOME 199~ Naples, HSA (Collier County) NUMBER OF MLMBER$ IN i 2 3 4 5 6 7 100% 28,000 32,000 36,00~ 40,000 43,200 46,400 49,600 52,800 80% 22,400 25,600 28,800 32,000 34,550 37,100 39,700 42,250 60% 16,800 19,200 21,600 24,000 25,920 27,840 29,760 31,6~0 50% 14,000 16,000 18,000 20,000 21,600 23,200 24,800 26,400 Based on an average of one and t~o~ople living ~n a one ~edroom unit, three and four people living in a t~o bedroom unit, five and six people living in a t.~ee bed room unit, and seven and eight people living in a four bedroom unit, the allo~able housing costs are'sho~ on the chart below. Housing costs are based on the 30% of the fanily income. Housing costs are defined ren~ and utilities for rental units. HOUSING COSTS BASED ON 30% OF FA.MIL'f INCOME ONE BEDROOM ~&O BEDROOM THREE BEDROOM FO%~ BEDROOM b~;IT ~IT ~IT ~iT 100% 750 950 1,120 1,280 80% 600 760 896 1,024 50% 375 475 560 640 UTILITY A/,LOWANCE 55 75 90 110 kLLOWA~LE RLNT WITH UTILITIES DEDUCTED 80% 545 6~5 ~06 914 50% 320 400 470 530 ~&te O~CUpanoy . Co-Tenant Date o! ~are/:~a:lo~al Or~g~n: Hand~ca~: Yes :Po Handicap: Yee~ No Presen~ ~ddress: 5~ree~ Ci~y SCare Zip TeLe;hone/ Landlord: How Long at Chis Address: Street Ci:7 S:a~ zip ~e~ephc~e you have resi~ed a~ your present ad~ress less than ] yearS, please state previous a~ ess STreet City $:ate Zip Telephone / prevLous Landlord*s NLme, Address, Telephone: A~pLLcan% Present Employer's N~me, Address, Telephone: Mc~ Long with Present Employer: Social Security · Previous Employer's NL~e, Address, Telephone: ~¢~ Long with Previous Employer: Every 2 Weeks S ~'lrth date: Job Title: Co-Tenant Present £=ployer's ,~=e, A~dress, Telep~¢ne: ~:w Lon~ wl~h present E~ployer: Cross Salary: ~ourly S Weekly $.__ social Security Prsviou~ Employer'l NL~e, Address, H:~ LoLg with previous Employer: NA..~S OF A~% %T~O WILL OCCUPY r r r,;C~ Relat[vesk PER$O)~AL R_F~R~. _S [NOt 1. N~e: Address: 2. Name: Address: Job Title: £very 2 Weeks $__ BLrth date: Job Title: Monthly $ How Long: Ho~ Long: Your Bank~ Loan Savings List Below 3 Additional Credit ~eferences: ':,". "/" Checking Social Security Social Security I hereby declare and ~evea~ all of ~7 sources of income. : pensions, stocks, bonds, real 9ropsrty rent, sale or cvnersh£p is a Jraudulent act · by la~. Knowingly falsifying information on this form il cause ~or refusai o~ occupant.!. I hereby cert£~y that this vLll be ~y peak-anent residence and that Z have ~o other · housing. I understand that this information is ~or the purpose of cc=puting ~y annual /nc:me to dete.-mine my ~dalification to rent/buy an affordable housing unit. I understand that · ~ains, etc. Received of ply Received Wades/Sale:-! $ $ '- Tips In~ere~: Znccme S~ S S-- Trust Fund Income Unemplo~e~C $. $ $ WorSen' I C:m~ensation S, S S Welfare Social ~ecuriCy S~ S' S Social Security Disability S S Supplemental ~SI S S' S' Child Sup~rC : Veteranl ~enefi~m $ S S Widows Bens firm Un/on Benefits S S S Union Pension S~ $~ S"' ~el f-~mplo~ent Business, Silent Par:ncr, etc. S S S Private Insurance Pension $. $'" $~ TOTAL AI{NUAL INCOMZ $, S Please attach list of all other sources of income for entire household. THE V~RZFZCATION HERE R-=QUEST£D F~%Y TA/ZS. THE FO~9 OF THE MOST RECENT YEAR'S FEDEP~ T~ PSTU~; FOR EACH OCCUP~T W~O ~S FILED ~D WILL OCCUPY THE AFFO~ABLE UNIT. TH~ S~HE MUST BE EXECUTED FOR EAC~ OCCUPANT OF THE HOUSEHOLD 6~0 CONTRIBUTED TO THE ~NU~ ~OUS~HOLD INCOME. FAILURE TO ~PORT ALL ~OURCES OF HOUSEHOLD ~ NCOME WILL RESULT DISQU~IFICATION FOR TENANCY IN ATFO~AB~E HOUSIN~ UNIT. A~end'ix B,' ExhLbL~ 5 AP?LIC~JT Prese~ £mp~oyer: Job A~LLcanc verification for:,. STATE OF FLORIDA ) ) SS. C~D~=~f OF COLLIER ) cL:y Telephone Number: hereby au~hori:e the release of £nformatlonre~--:es:e~. on T..~E FOREGOING was ackno~lodged before me by day of , 1991. E=ployer Verification: Applicant's Cros. ~nnual Income or Rate of Pay: ~-~er Of Eours Wor'ked (Weekly): Fre~uency of Pay: STATE OF FLORIDA ) CO~;~f OF COLLIER ) Monthly ~nua!ly T~E FOREGOING was acknowledged before me by · WITNESS my hand and official seal this -- day of , 1991. My Commission Expires: Notary Public THE V~RIFICATION HERE REQUESTED PAY TA:~ THE FO~t~ OF THE MOST ~CENT YEA~'S T~ ~TU~ FOR EACH OCCUP~T WHO ~S FILED ~D W~LL OCCUPY THE AFFO~ABLE UNIT. ' ' '" "" '.':'. ..... 7 .... '.' ......... ~':.:'i ' ':1:-~ ..... ' ' - ...... '; '---'7~- '& ' ;J~-: ':~ ........ ~'-,~'-~- - ' -- ' ' ' ' '~.~ '=~'""-' ~ ~"" - .... . ,-'c ,~~~~ .... :~ ~ ~, ---'. -, - ,' ~ . - :_ ~ ..... . ~-, -~... %~RIrIcATIO:I H.'~t~ ~.EQUESTED P~Y TAKE THE ro?.~ or THE F. OST FOR EACH OCCU?ANT tN'ED P~S rILED AND WILL OCCUPY App~£ca~c by ce ~s a true a~d correct cop~ of the ~etu:n f£1ed b~ me fo= (Year) STA.--~- OF FLORIDA CO~TY OF COLLIER 1991. MUST BE £X-'-CUTED FOR ~ACH OCC'J?A~T OF T'KZ HOUSEHOLD t~.O CO:~TRI~UT"D TO EOUS.'-~OLD INCO~. FAILURE TO ~PORT ALL SOURC~-S OF HOUSEHOLD INCO.V-- DISQCTALIFiCATIO~ FOR TE:~ARCY IN A.FFO~.DA.~i.~ HOUSING U~IIT. CO-TENanT Teleph:ne ;:u~e:: this verl~£cation ~o~m. · he:eh7 ~utho:£:e the release c~ ~o:~...ItL:~ --~ ~ . c~ · $~AT~ G? FLORidA ) ~ SS. CBUNTY or COLLIER ) T~ FORZ¢O~NG was acknowledged be~o~e ~e by My C¢.,.-~Lssion Exp£=es: Public ~-p!cyer Ve~£fLcatLon: ~.~ount o~ ~onuses, T~ps, o~ o~he~ Cc~;ens~t~on ~eceLved: $ 5TAT~ OF FLORIDA ) COUNTY O? COLLZER ) T~ FOREGO:NG was acknowledged befo:e ~e by WZTN£SS my hand and offLcLa: seal this ~ day of · 1991, ~ota~y PubLic My Coff~Lssi. cn Expires: THE V~=RIFICATIOtr HE~£ ~QUESTED P~Y T~ THE FOP.H or TH: MOST RECENT YEAR'S TZDE~ INCO~ T~ ~TU~g FOR EACH OCCUP~T WHO ~S FILED ~qO WILL OCCUPY THE AFFORDABLE UNIT. TAX ~.~TU~J FOR tACH OCCUPANT WHO HAS FILEO AND WILL OCCUPY TH-' A??OROABL£ STATE OF FLORIDA CO~T¥ or COLLIER (Year) '}--~'-'~ FOREGOING ~as acknowledged before r~e by day of .'~.-.': S~.~ FT. JST BE EXECUTED FOR £ACH OCCT?A.NT OF T~ HOUSEHOLD %9~0 CONTRIBUTED T', T: F.~USE~OLD INC¢.v='. FAIL~ TO P~;:'ORT ~ SO:~a.C~_S OF HOUSEHOLO !NC~,~r ~ILL RESL--T 2.~ D2$QU;LLIFICATIG:~ FOR TENARCY I,~ AFFGR.DA3L£ HOUSI:;G UNIT. A~rems of U~£t to be - ?relL~inary A~llcatio~ for Affo=~d~le racer!om of =he affordable um£t. C~RST~D ~y C? T~E FO.~GOi~;C C~RTI~iCATIC~ STATE O? FLORIDA ) CCTNTy O? COLLIER ) T~ FORZGOiNG wis acknowledged before me by WiT::E$S my hand and ''' ~'! c=~.~iss!on - STAT~ OF FLORIDA COUNTY OF COLLIER day of APPENDIX O'- '- Developer Application For Affordable Housing Densi~ Bonus Developer Application Tot Affordable Pursuant to the requirements of the Collier County Affordable Housing Denmity Bonum Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documenta- tion to the Developmdnt Services Director, 2800 North Hormeskoe Orive, Naples, Florida 3394Z. k copy must also be provided to the Housing and Urban Improvement Director. All items requested mus~ be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD - multifamilv; 33.8 acres with the affordable housing density.ohOnus? × Yea No If yes, state date of application October 25~ 1990 request has been approved, state the Ordinance number Has an application for rezoning been requested in conjunction and if the~ Cross density of the proposed.d~velopzent. 13 units/acre. Gross acreage of ~he proposed development. 33.8 acres. 4. 'Are affordable' ~d4i~g"density bonus .units sought in co~junction with an ' a~plication ': for a planned unit developzen~ (P~D)? X Yes No. If yes, please state name and location of the PUD and any otb. er identifying information. Saddlebrook Village: located at the intersection of Davis Boulevard and Radio Road in Section 34, Township 49S, Range 26 East, Collier County, Flori'da Name of applicant John Jassy, trustee Name of land deyeloper if not the sane as applicant John Ja~sy _ Developer ~pplication ~or ~ffordable Housing Dens,t? ~enus 6. Please co=plete the following tables as they apply to ~h~ proposed development. 'TABLE I Type of Unit Efficiency One Bedroom ~wo Bedroom Three Bedroom Other Bedroom Rental Occupied TOTkL TABLE II MODISTE INCO.~fE Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other 438* N/A * Bedroom mix of market rate units to be determined at time of site development plan application. ~ur-ber of ~ffordable Eou~:c Un!t~ Total Nu~er of Proposed Use for Affordable Unit's Density Bonus Units in Development Renta I ~ner Rental ~ner OccuPied TOTAL LOW INCOME Efficiency I Bedroom · 2 Bedroom -- 3 Bedroom Other NIA NIA NIA 44 88 44 .TOTAL 132 ' ' ' ....... . .... 132 Developer lpplication For Affordable ~ous!ng Denmlty Bonus T~SLE IZ (Continue~) VERY LOW INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other Total l~unber of Affordable Unite in Development Propomed Use for :ensity Bonus Units Rental O'~ner Rental C~er .. 9coupled ~ Please provide a physical description of the affordable units by ty~e of unit (moderate, low, very lo'w thCS=e) and by n~'-her of bedrooms. Include in your descri, ption, for example, t-he s~aare footage of each type of unit, floor ~coverings used t, hroughou~ the unit (carpeting, tile, vinyl floorin~); ~lndo'~ trea~ents; appliances provided such as washer/d~--%er, dishwasher, refrigerator; bathroom amenities, such as ceiling ew. haus~ fan~w and any other amenities as..applicabla. Attach additional pages. Attached as 'Exhibit A 8. Please supply any other information vhtch would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pa~es. The affordable housing unlt= ~!ll b~ for icy individual: and ~ill consist of 8~ two bedroom units and 4~ three bedroom units. The minimum square footaq~ fcr the two and three bedroom units will be 750 square feet. The floor coverings in each unit will consist of carpeting a~d vinyl. Each uni~ contain bllnd~ or ~hade~ as ~indow treatments. Additionally, eacl% unit will be equipped with a stove, refrigerator and disposal. Bathrco~ amen~t£es will be provided pursuant to Collier County Building Code. Common Area ~asher and dryer fac~lities ~ill ~e provid~ in th~ deve!opnent. 1 :.:.t STATE O? FLORIDA COUNTY O? COLLi!R I, JAMES C. GILES, Clerk of Courts in and for the TwentieTh Sud.c.al Circuit, Collier County, ?lorlda, do hereby certify ~h~ ~he fore~oin~ is a true copy of: which was adop=ed by The Board of ~o~y Commissioners on ~he 2~th ~ay o~ June, ~99~, durin~ EeGular Session. ~iTNESS ~y hand and the official seal o~ the Board of County Commissioners cf Collier County, Florida, this 1st day of July, 199[. JAMES C. GILES '" "" ;; ~:- Clerk of Courts and Cl~-'l~~' '.. ~,, Ex-officio to Board of'. '. County Commt : ". Kenyon ' ' ' "' ~ Deputy Clerk ' , ? . EXECUTIVE SUMMARY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 81-23, AS AMENDED, ALSO KNOWN AS THE MYRTLE WOODS PUD, WHICH, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING [N SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER . OBJECTIVE: Staff is requesting that thc Board rc,,4cw slaws findings and recommendations regarding the above referenced PUD. ' N CONSIDERATIO, S: This PUD was originally approved on Ma5' 5, 1981. Section 2.7.3.4 of the Collier Count}' Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversao' of the PUD approval by the Board of County Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUBs approved prior to the effective date of adoption of the Land Development Code, the five year approval period commenced on the adoption date. October 30, 1991. Therefore, the conditions set forth in Section 2.7.34. are applicable as of October 30, 1996. The above referenced PUD has been identified as a project which was approved prior to Octobcr 30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field obsen'ation and review of in house records to verify the current status of the PUD and as the basis of a recommendation to thc Board consistent with thc options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows: 2.7.3.4. Time limits for approved PUD master plans. In the e~'ent that a PUD master plan is given approval, and the landowner(s) shall: Fail to obtain approval for improvement plans or a de~'elopment order for all infrastructure improvements to include utilities, roads and similar improvements required b)' the approved PUD master plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years of the date of approval b.l' the Board of Cou.O' Commissioners; and Fail to receive final local development orders for at least 15 percent of the total number of approved dwelling units in thc PlaT), or in the case of Pla'Ds consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every slx' years of the date of approval b)' the Board of County Commissioners. -1- JAN 2 1 ~97 The project developer shall submit to the Planning Ser¥ices Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board of CounO. Commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. Should the Planning Services Director determine that the development has commenced in earnest, then the land shall retaln its existing PUD approval and shall not be subject to additional review and consideration of ne~, development standards or use modification. Should the Planning Sen'ices Director determine that the development has not commenced in earnest, then upon revle~, and consideratlon of the report provided by the owner and an), supplemental information that may be provided, the Board of CounO. Commissioners shall elect one of the follo~vlng: To extend the current PUD approval for a maximum perlod of t~vo )'ears; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unlmproved portions of the original Pb{D shall be consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action br the Board of the submitted amendment of the PUD. ' If the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board mar' initiate proceedings to rezone the unimproved portions of the original PUD to in appropriate ZOning classlficatlon consistent with the Future Land Use Element of the Growth Management Plan. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contalned within the application for deYelopment approval and approved as part of a development order in conformance with F.S. ff380. 06. ..SYNOPSIS OF APPROVED La, ND USES AND DEVELOPMENT STRATEGIES: This PUD contains 5.66 acres of land more or less and is located within the Urban Coastal Fringe Subdistrict which is further located on the south side of U.S. 41 (Tamiami Trail) adjacent to the Tree Tops PUD, and west of Naples Manor Subdivision The PUD provides for 1.79 acres of commercial uses (Tract "A") and 387 acres ofresidential uses (Tract "B"). The uses ofland authorized by thc PUD are as follows; A) 2. Automobile sca'ice stations Banks 3. Clothing stores 4. Cocktail lounges 5. Department stores 6. Funeral homes 7. Motels 8. New and used car dealerships -2- JAN g 1 1997 Pi, ~ 9. Private clubs 10. Any other commercial u~e similar to the foregoing uses and which the Planning Services Manager determines to be compatible ~th the intent of this development. B) In addition to the above described uses, the following permitted principal uses and structures are subject to site plan review, I. Shopping centers greater than 25,000 square feet 2. Car washes 3. Equipment rentals 4. Vehicle rentals 5. Used car lots c) The PUD furthcr provides a maximum of 45 dwclling units on Tract "B" at a gross dcnsib' of 11.63 dwelling units per acre. (~QNSISTEN([YY %qTH THE (~QMPREHENSIVE GROWTH MANAGEMENT PLAN: The subject proper'q,.', which contains 5.66 acres, is designated Urban (Urban-Mixed Use District, Urban Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth Management Plan. This designation permits residential development (variety of unit b'pcs) at a maximum density of 4 DU/A, except for affordable housing projects; non-residential uses, such as churches and other co~nunit3.' facility uses; and commercial and industrial uses subject to Iocational criteria. The M?tle Woods PUD is approved for 45 dwelling units on 3.87 acres (11.63 DU/A), and i.79 acres of commercial (3 lots). The projec~ is undeveloped Through the Zoning Reevaluation Program, applications were approved for the residential portion of the PUD and one commercial lot. The other two commercial lots were then de~ermined to comply with the Commercial Under Criteria provision contained in the Future Land Use Element (FLUE). Pursuant to FLUE Policies 5. I0 and 5. l l, and the Commercial Under Criteria provision, the Myrtle Woods PUD is zoned consistent with the FLUE. Relative to other applicable consistency relationships the following may be advised: Traffic Circulation Element - The PUD is ccmsisaent with relevant policies of the TCE, however relative to the Access Management Plan and the PUD Master Plan, and in recognition that Myrtle Lane is a local residential cul-de-sac street, it may be inappropriate to f~nnel commercial traffic along Myrtle Lane into the project. Access to the site from U.S. 41 shall be subject to an FDOT connection permit. If the FDOT will not pro~4de said permit, then the project should be subject to a restriction on allowable commercial activities on Tract "A" and access into the site. Also the petitioner shall provide substantial competent evidence to the effect that the project is designed to provide capaci~' and treatment for historical roadway runoff. Potable Water and Sanita~- Sewers Element - The PUD should clarify that connection is necessao' to the County's sewer and water system and only one tie in shall be allowed. Florida State DOT permits arc required for work within the right--of-way. -3- AG£N~JT~M ,.tAN 2 1 1997 In all other respects applicablc clements of thc GMP arc consistent ~th clement goals, objectives and policies. CONSISTENCY WITH THE (~OLLIER COUNTY LAND DEVELOPMENT ~QDE, Thc PUD has been distributed to thc appropriate jurisdictional review entities specifically for review of thc PUD for consistency with current land development regulations. Based on that review, thc following consistency relationships have been identified. Transportation: (Traffic impacts, Access marmgement, etc.) PUD stipulations do not address the potential need for additional right-of-way when U.S. 41 is widened to six lanes, and does not address mm lane improvements, deceleration lanes, traffic signalization and project access. This would not be acceptable under current policies. Landscape: (Buffers/Green space) No inconsistencies reported. The PUD provides that in the absence of specific regulation thc provisions of thc LDC applies. In this case thc prov/sions of Div/sion 2.4 Landscaping applies to this PUD. Environmental: - (Protected species, green/open space) No inconsistencies were reported, however staff advises that in the event of an amendment, references to environmental regulations should be changed to current references. The current PUD adv/ses that the then free standing ordinances applied. These have now been consolidated into the LDC, however they still apply to this PUD. Engineering/Site Development: (Sewer/water, drainage issues) No inconsistencies were reported however, staff advises that in the event of an amendment certain development commitments should be changed to reflect current code references. PUD Development standards: Setback requirements from U.S. 41 and Myrtle Lane is fifteen (15) feet. This is considerably less than the setback required by ans' commercial zoning ~istrict. Additionally the side yard setback is zero or a minimum of five (5) feet whic~ is also less than similar zoning districts. A rear vard setback of twenty-five (25) feet is consistent with historical PUD practice. Building heights are authorized at a maximum height of one-hundred feet which is consistent ~Sth thc maximum building heights of thc C4 zoning district adjacent to the site. This is the only commercial zoning district which allows for one-hundred foot building heights. ' Development stzmdards w/thin the commercial land use section of the PUD arc silent to minimum lot area and minimum lot w/dth for commercial land uses. The LDC ~'pically provides criteria for 100 foot minimum lot widths and 10,000 square foot minimum lot areas. Development regulations speci['ing such criteria is prov/ded in similar PUD's. Also the I/st of permitted principal uses should be modified to eliminate inconsistent land uses given the size and location of thc PUD, (example: marinas, new car dealerships, shopping centers, drive-in theaters, etc.). STAFF COMMENTS: While this PUD was found to be consistent during the ZRO process, the attached memorandum from the Count3.' Anomey's Office indicates that such projects should be reviewed on a case by case basis. Based on the provision of 2.7.3.4, the Board, on a case by case basis, may rev/ew projects to determine whether or not any "vesting" status should be afforded a project. As part of this consideration relevan findings and/or compliance with any developer commitments or propem' dedications PUD zoning approval. ' -4- It is the opinion of staff, ,,~bth respect to the Myrtle Woods PUD, that there is sufflcicnt justification to require the o~er to submit an amended PUD. This PUD has been in existence for over fifteen years, and development has not commenced to date. Amended provisions should also deal with commercial development requirements that arc consistent with current requirements of the LDC. Permitted principal commercial land uses should be reviewed to delete inconsis~'m land uses. Permitted residential densit}' should be reviewed to determine a densiq,' which is compatible with surrounding development. Environmental stipulations should be revised to achieve current requirements Wile the utilities plan should be amended to require connection to the County's water and sewer U.s'tem. The revised PUD should also contain language that requires submission of' a unified architectural plan. Finally, inasmuch as the PUD is to be amended, references and PUD format should be made consistent with current practice. Given thc extent of changes this amendment should be in the form ora rczoning from PUD to PUD in which the current document is repealed. FISCAL IMPACT: A ~'o year ex'tension of this PUD Ordinance s~51l have no fiscal impact on Collier Count.,,'. STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, staff recommends that thc Board of Count}' Cornrrussioners direct the owner/agent to submit an amended PUD within the time frame allowed by LDC requirements PREPARED BY: PRINCIPAL PLANNER REX, qEWED BY: DATE CURRENT PLANNING blANAGER -, - DON;~ .L~.. W. ARNOLD, AICP DATE ~NCENT A. CAUIERO. ADMINISTraTOR DATE COMMUNI~' DEVELOPMENI & ENWIRONMENTAL SERVICES BIVISION -S- NO. ~ db, N 2 1 JAN 2 1 MEMORANDUM To: David C. Weigel ~o~nty Attorney From'." Marjofie M. Student Assistant County Attorney Date: November 18, 1996 Re: PUD Sunset'ting Concerns I have several legal concerns regarding the sunsetting of PUDs should that involve adjusting density' or land use. They are categorized in this memo. Additionally this is a response to Attorney Richard Grosso's legal opinion to the Florida Wildlife Federation dated October 21, 1996. I. Bert J. Harris. Ir. Private Property_ Rights Protection Act (Section 70.01. Florida Statutes) First of all, I disa~ee with Nfl'. Grosso concemin2 the grandfathering language of the Property Rights Act. He is correct in stating that subsection 2.7.3.4. of the Land Development Code (LDC) dealing with PUD sunset'ting is not subject to the new law. However, he ignores the fact that any PUD amendments necessary' 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 that 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 change to a PUD must be accomplished by ordinance. Moreover, Subsection 2.7.3.4 requires that should the property ov.'ner not make the necessary PUD amendments required by the sunsening process then the BCC has the authority to rezone the PD'D to an appropriate district. This too, would have to be accomplished by an ordinance adopted after the "trigger date" set forth in the Act and thus be subject to it. I also disa~ee with Mr. Grosso on the density reduction issue for the following reasons. No Florida court has yet 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 ri~t to a specific use of real property, the property owner ofthat real property is entitled to relief, which may include compensation for the acrual loss to the fair market value of the property caused by the action of the government. The key terms are "existing use", "vested right" and "inordi ~a~c b~,~rr~a , JAN 2 1 937 l~i~. _ "7 1 l%vcmb~r ! g, 1996 David C. Wcigd PUD Sunsetti~g Conccr~ The Act defines an existing use as: 1) an actual, present us: or activity on the real properly.; 2) periods of inactivity normally associated with or incidental to the nature or ~'pe of use that lakes 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 properlT greater than the fair market value of the actual, present use or activity on the property. See Subsection 70.001(3)(o), Florida Statutes. A vested right, as defined in the Act, is determined by appl)4ng the principles of equitable estoppel or substantive due process under Florida common law or applying the statutory law of the state. Subsection 70.001(3)(a), ~. The Act defines an inordinate burden as an 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 owner is lef~ with existing or vested uses that are unreasonable such that the property owner 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), Florida Statutes. There is no "bright line" test to determine what a vested right is. These types of cases in Florida have been determined on a case by case basis. Since our Zoning Reevaluation Pro,am was set up to deal with this issue, an argument could be made that any property that passed th. rough fha; process and received an exemption pursuant to Subsection 106-40 of Article II, "Zoning Reevaluation", Chapter 106, "Planning" of the Code ofkaws and Ordinances of Collier County., Florida or a determination of vested status 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 additional fair market value on the property over and above 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 ora rezone fi.om Estates to PUD or Agriculture to PUD - depending of course, on the land uses permitted by the particular PUD. It is impossible to draw a "bright line" here either as each PUD must be evaluated on its own merit. The opinion of a property appraiser should be obtained as to the effect of the PUD zoning on o. ny given parcel of land as well as any future downzoning 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 the PUD parcel could decrease the fair market value ofthe property and thus trigger the Act. An argument could also be made that any downzoning of the PUD property has created an inordinate burden thereon since as a result, the reasonable, investment backed e~ the property owner are not capable of being attained. Of course, this is a question JAN 2 l~'ovemb~: 18, 1996 David C. We'igel PUD Stm. setting Concerns Page 3 cannot be uniformly applied to every PUD subject to the sunsetting. The term "reasonable, investment backed expectations" is not precise. In fact a recent article in the ~ Z~ stated that the concept of investment-backed expectations remains an ambi~ous term that is difficult to apply. See "The Wisconsin Supreme Court Responds to Lucas", 48 Land Use Law & Zoning Digest. No. 9 at page 6. I therefore, conclude that in order for the County to stay within the Property Rights Act, each PDT) must be evaluated on its own merit before any land use or density change can be accomplished. Moreover, it is recommended that the Count>' work with the PUD property owner to achieve a mutually beneficial result. II. Vested Rights Besides triggering the Bert J. Harris, Jr. Private Propem.' Rights Protection Act, if vested rights are interfered with by a local govern.ment there is an equitable remedy in circuit court - that being a determination of vested status and a resulting court order permitting the vested project to occur as originally approved. The common law elements ofvested 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. Ci~' of Clear, rater, 383 So.2d 681 ('Fla. 2d DCA 1980) These matters are determined on a case by case basis. There is no "bright line" test. Therefore, any dowr~zoning that may result from sunsetting 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 or, mcr gaining PUD approval since the adoption of the GNP may be able to ackieve 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 In Porpoise Point Partnership v. St. Johns County_, 532 So.2d 727 (Fla. 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 a planned special development by its very nat'are must be sought by the property owner and cannot be imposed over an owner's objection and thus invalidated a PUD rezone imposed solely by the County. Id. at page 729. Collier County's PUD requirements are quite similar to the planned special development requirements of St. John's County at issue in Porpoise Point. While the case did not address PUD amendments, an argument could be made by a property ov,'ner that due to the consensual nature of PUD zoning between it and the local government, a PUD amendment cannot be imposed upon the property without the owner's consent. There is no case law dealing with PUD amendments on this point. It is the opinion ofth,~'nte4 · 'q 'NovemSer 18, 1996 . David C, Wei.?,el PUD Sunsctvi~g Concerns 4 such a case, a 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 valid. IV. Other Concerns Additionally, I am concerned that if densities are reduced too greatly the County may nm afoul of the need to provide affordable housing pursuant to Subsection 163.3177(6)(0 of the Growth Management Act. Additionally, there may be exclusionary zoning problems such as was the case in South Burlin~on Coun~ NAACP v. Mt. Laurel Township, 67 N. J. 151,336 A.2d 713 (1975) where there were low density residential land use standards imposed uniformly throughout the Township. I hope this memo answers your concerns relating to PUD sunsetxing. Should you have any further questions or comments, please advise. h,/txvtm.m.s~memos,~,V¢igel Pt.,rD Sunse:~n~ Concerns JAN ~ 1 !997 1 2 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 2o 22 P~SOLUTI ON 97- , 23 24 25 26 27 28 29 30 31 32 34 A RESOLUTION BY TME BOARD OF COU~ COMMISSIONERS OF COLLIER coLr~TY, FLORIDA, pURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY I~A~D DEVELOPMENT CODE AFFECTING ORDINANCE 81-23 AL~O K~OWN A~ THZ MYRTL~ WOODS PUD, p~EQUIRING THE SU~MI~AL OF A PUD AMENDMENT; A~D PROVIDING AN EFFECTIVE DATE. WI~EREAS, the Myrtle Woods PUD, Ordinance 81-23, adopted on May 5, 1981, is subject to the provisions of Section 2.7.3.4., of t_he land Development Code (LDC), Time' Limits for Approved PUD Master Plans; and W~ERF. AS, the Board of County Commissioners has reviewed the PUD and has de%ermined that the current PUD Zoning is inconsistent with certain provisions of the Gro~ch Management Plan and the land Development Code; and NOW, THEREFORE BE IT R~SOLVED, by %he Board of Zoning Appeals of collier County, Florida that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LOC. 3. Pursuant to said section of the LDC, the property o%~ner or agent shall submit an amended PUD to the Planning Services Director prior to June 5, 1997. This Resolution shall become effec%ive i~%mediately upon its approval. BE IT FLrRTHER RESOLVED that this Resolution be recorded in the minutes of %his Board and in the records of the Petition for which the extension is granted. Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner , and upon roll call, the vote was: PAGE NO. ~ JAN £ ! 1997 3 4 5 7 9 13 14 15 17 2O 24 26 27 29 30 31 32 33 34 AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIF. R COUNTY, FLORIDA BY: CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY MYRTLE WOODS PUD/18865 PAGE JAN 2 .,- AN O~INANC~ ~NDI~G ORDIN~Cg 76-30~ ~ COMPREHENSI~ ZONING ~GU~T~ONS ~R ~: ~INCO~O~D A~A OF ~E CO~T~ A~ ~ P~NNING DISTRICT BY ~DING THE ZONING ATLAS ~P NU~ER 50-26-9 BY CHANCING ~E ZONING CLASSIFICATION FROM 'GRC' ~E~ ~TAIL COF~RCI~ TO 'P~' PLIED ~IT DE~LOPM~NT ON THE FOL~WING D~CRIBED PROPERTY: LOTS 23-26, BL~K "A', ~RTLE CO'~ AC~E, ~IT NO. 1; ~D BY PRO%~OING '~ EFFECTI~ DATE ~ER~AS, Wilson, F~11er, Barton, Soll & Peek, Inc., repre- senting }~. Craig Meffert, has petitioned the Board of County Co..~..issioners to change the Zoning Classification of the herein described real property; NOW, THEP~PORE BE IT ORDAI~q~D by the Board of County Commissioners of Collier Co%tnty, Florida: SECTION ONE: The Zoning Classification of the herein described real property is changed from "CRC" General'Retail Commercial to "PUD" Planned Unit Development and is subject to all the conditions as required herein and the Zoning Atlas Map Number 50-26-9 as described in Ordinance 76-30 is hereby amended accordingly: SECTION TWO: This Ordinance shall become effective upon receipt of notice that it has been filed with the ~ecretary of State. DATE: May 5. 1981 BOARD OF COD~qTY CO~ISSIONER~ COLLIER COUNTY, FLOR/DA ..'~ '-~r'L ~i · .*' ..'. ,:,..:~=gfs= :'~ __ ' _. STATE OF FLORIDA ) CO~T~ os COLL~E~ ) I, WILLIkM J. REAGAN, Clerk of Courts in and for Twentieth Judicial Circuit, .Collier County, Florida, do hereby certify.that the foregoing is a true original of: ' ORDINAI~CE NO. 81-23 which was adopted by the Board of County Co~missioners during Regular Session May 5, 1981. wITNEsS mk. hand and the official seal of the Board of County Cor.nissioners of Collier County, Florida, this 6th day Ma)', 1981. WILLIAM J. REAG~.N Clerk of Courts and Clerk Ex officio to Board.ol=l~.~,;..~ County C _oTu.,issione~_~v: ..... :,.'i..:~..j~ '.. · ..- J.'fi By ........ :..: This ordinance filed ~,lth the Secretary of State's Office '" .... '~he 14th day of ~ay, 1981 &n~ acknowledgement of that ~'11~ng received ~hli lSt. h ~a), of )ia),, 1901. . .-..... .... ' ' Deputy Clerk ..... ,-.: .~...-r.'k--~.T~-.~.'::--~..--.~,.r-,,-~::o;~'.~";'.. '' .... /2:,.'. (~: ..~:, ~ ,.'.~:~:,~.'..<~..,~:-~a~.',-.~ ':'.,. PLANNED UNIT DEV~LOPME~..~T FOR MYRTLE WOODS BY C~AIG MEFF£RT DOCUMENT PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEK, INC. (WAFAA F. ASSAAD, A.I.C.P.] DATE ISSUED: Feb. 18,198~ DATE APPROVED BY CAPC: DATE APPROVED BY BCC: .5-5-8~ INDEX SECTION ! STAT£HENT OF CO~LI~C£ SECTION X! PROPERTY OWNERSHXP & DESCRIPTION 2 SECTIOn: III TRACT "A" - DEVELO~£NT REGULATIONS '3-6 SECTIOn: IV TRACT "B" - D£VELOPMENT REGULATICNS 7-8 SECTION V DEV£LOPM£:~T COMMITMENTS 9 STAT£H£NT OF The development o~ 5.66 Rcres of property in Section 29, Township 50 South, Range 26 East, Collier County, Florida, as a Planned Unit Development will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan, which includes the Growth Policy and Official Land Use Guide, all of which were adopted by the Board of County Commissioners. The Myrtle Woods Planned Unit Development will mee: the planning and development objectives for the following reasons: The proposed Land Use is compatible with the surrounding uses. The project :ares the necessary :at[rig points :o determine it to have existing community facilities an& services for the planned residential and non-res£dential uses and the:efore £s not leapfrog growth. 3) The project shall co~ply with the applicable toning and . subdivision regulations and all other County and State laws dealing with the development of the property. 4) An arterial ~oadway is in existence along the northeastern boundary of the site. 5) The project will be served by County approved potable water, wastewater treatment and water management systems. -1- SECTION ~ PROPERTY OWNERSHIP & DESCRIPTION ~.~. LEGAL DESCRIPTION · Ail of Lots 23, 24, 25 & 26, Block "A" Hyrtle Cove Acres UntK No. 1 according to the plat thereof as recorded in Plat Book 3, page 38, Collier County Public Records, Collier County, Florida. ~.2. TITLE TO PROPERTY Title to the property is currently held by Craig Merrett Partners, {525 County Road 951, Naples, Florida 33999. SECTION II TPACT "A" - D~ELOPMENT REGULATIONS 2.1. Purpose. The purpose of this Section is to set forth the regulations for the development of Tract "A" of this Planned Unit Development. Permitted Uses and Structures. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in wh61e or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Antique Shopes (2) Appliance Stores (3) Art Studios (4] Art Supply Shops (5) Automobile Parts Stores (6) Automobile Service StatiOns without repairs* (7) Awning Shops (8) Bait & Tackle Shops (9) Bakery Shops (10) Banks and Financial InstitutiOns (11) Barber and Beauty Shops (12) Bath Supply Stores · · - (13) Bicycle Sales and Services (14) Blueprint Shops. (15) Bookbinders (16) Book Stores (17) Business Machine Service (18) Carpet and Floor Covering Sales - WhiCh may include storage and installation. (19) Churches and other places of worship. (20) Clothing Stores (21) Cocktail Lounges* (22) Commercial Recreation Uses - ~ndoor (23) Com~ercial Schools (24) Confectionery & Candy Stores (25) Delicatessens (26) Department Stores (27) Drug Stores (28) Dry Cleaning Shops (29) Dry Goods Stores (30) Electrical Supply'Stores (31) Florist Shops (32) Fraternal and Social Clubs* · In accordance with applicable supplementary district regulation of the zoning ordinance in effect at time of application for bulldipg permits. (33 (34 (35 (36 (37 (38 (39 (40 (42 (43 (44 (46 47 49 50) 51) 52) (53) (55) (56) (57) (59) (60) C6~) (62) (63) (64) (66) '(67 (6{3 (69 (7O (77 (72 (73 (74 (75 (76 (77 (78 (79 (8O Funeral Hones - May include accessory residence Furniture Stores Furrier Shops Garden Supply Stores - Outside Display in rear General Offices Gift Shops Glass and Mirror Sales - Which may include storage and installation Gourmet Shop Hardware Stores Hat Cleaning & Blocking Health Food Stores Hobby Supply Stores Hospitals Hotels Ice Cream Stores Interior decorating Showrooms and Office Jewelry Stores Laboratories - Film, Research and Testing Laundries, Self-Service Only Leather Goods Legitimate Theatres Liquor Stores Locksmith ~ Marinas Markets, ~ood Markets, Meat Medical Clinics Millenary Shops' ~:otels Motion Picture Theatre~ Museums Music Stores New Car Dealerships - Outside display'permitted News Stores · ' Office Supply Stores Paint and Wallpaper Stores Pet Shops ~ Pet Supply Shops Photographic Equipment Stores Pottery Stores Printing, Publishing and Mimeograph Service Private Clubs Professional Offices Radio and Television Sales and Services Research and Design Labs Rest Home~ and Sanitoriums Restaurants, not including drive-ins Retail Fish Markets (84) (05) (86) (87) (es) (89) (90) (91) (92) '(93) (94) (95) (96) (81) Shoe Repair (82) Shoe Stores (83) Shopping Centers - less than 25,000 square feet gross floor area on ground floor Souvenir Stores Stationery Stores Supermarkets Tailor Shops Taxidermists Tile Sales - Ceramic Tile Tobacco Shops Toy Shops Tropical Fish Stores Upholstery Shops Variety Stores Vehicle Rental - Automobiles only Veterinarian Offices and Clinics - no outside kennels (97) Watch and Precision Instrument Repair Shops (98) Drapery Shops (99) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. B. PERMITTED PRINCIPAL USES At;D STRUCTURES SUBJECT TO SITE PLAt; ~EViEW: " (1) Shopping Centers - More than 25,000 square feel gross floor area on grour%d floor. (2) Cor.mercial Recreation - Outdoor (3) Drive-In Theatres (4) Car Wash "' (5) Residence in conjunction with business .(6) Child Care Center (7) Permitted use with less than 1,000 square feet gross floor area in the principal structure.. (8) Equipment Rentals-Including lawn mowers, power saws, . etc. (9) Vehicle Rentals (10} Used Car Lots PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structures'customarily associated with uses permitted in this district. · -5- 0o ,ct 2o4~ 2..5. 2.6. 2,8. 2.9. 2.10. 2.11. Hinimum Lot Area: None Minimum Lot Width: None Hinimum Yard Requirements: A. Depth of Front.Yard Setback - Fifteen (15)'feet in whi¢~ no parking space shall be allowed. B. Depth of Side Yard Setback - None or a minimum of five ($) feet with unobstructed passage from front to rear yard. C. Depth of Rear Yard Setback - ?verity-five {25) feet. Minimum Floor Area of Principal Structure: One Thousand (1,000) square feet per ~u~ld~ng on the ground floor. Ma×tmum Hei~ht: One Mundred (100) feet above the finished grade o~ the Lot. ' In order to comply with £he minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. Minimum Off-Street Parkin~ and Off-Street Loadinq , Re~uirments: As required by zoning ordinance in effect at time of application for ~uilding permits. Minimum Landscaoin~ Reou~rment$: As required by zoning ordinance Xn e~fect at time of application for building permit. Limitation On Sign~: As required by zoning ordinance in' e~fect at time o~ application for building permit. Merchandise Storage and Display: Unless specifically permmtted for a gxven use, outside storage or display of merchandise is prohibited. -6- S£CTION III TRACT -n' - DEVELOPMENT REGULATION '3.1 . 3.2. PURPOSE: The purpose of this section is to set forth the regulation for the ~evelopment of Tracts PEP~ITTED USES & STRUCTURES: No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures (1} Multi-Family Dwellings (2) Water Management facilities and lake(s). B. Permitted Accessory Uses and Structures (l) Customary accessory uses and structures.' (2) Signs (3) Recreati%nal facilities C. Permitted Uses and Structures subject to Site Developmen Plan Approval. (1) Single family dwelling(s). 3.3. MAXIMUM DENSITY: A maximum of 45 units. MINIMUM YARD REQUII~EMENT: A. Depth of front yard - Thirty (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. B. Depth of side yard - Fifteen (15) feet plus one (1) foo~ for each two (%) feet of building height over thirty (30) feet. C. Depth of rear yard - Thirty' (30) feet plus one (1) foot for each two (2) feet of building height over thirty feet. 3,5. 3.6. 9°7. 3.8. D. Distance between Structures: The distance between any two {2) principa! structures shall be fifteen {151 feet o~ a distance equal to one-half (1/2) the sum of their heights, whichever is the greater. MINI~U~ FLOOR ~£X OF ~RINCIPA~ A. ~50 Square feet pe~ dwellSng unit (minimum o~ 40% of the total numbe~ o£ units). ~. ~75 Square feet pe~ unit (maximum of 60% o~ the to~al numbe~ of units). MAXIMUM HEIGHT OF STRUCTURES: Three (3) stories above the finished grade of the Lot. In order to c~mply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. MINIMUM OFF-STREET PARKING: As required by the zoning ordinance in effect at time of application for building permit. LIMITATION ON SIGNS: As permitted by the zoning ordinance in effect at time of Ypplication for building permit. -B- 4.2° 4°3. 4.4. DEVELO~£NT COmmITMEnTS ~CCESS FOR TP~CT 'B'~ Access to Tract 'Bm shall be from U.S~-41 across Tract 'A" Commercial (Tracts °A', and 'B' are identified on Drawing File No. R2-31 issued by Wilson, Miller, Barton, Soll& Peek, Inc.) WATER SUPPLY: · Potable water shall be supplied by the extension of the existing Collier County Water System, in front. The design and construction of the potable water distribution system shall comply with all applicable local and state regulations. WATER MANAGEMENT: The Water Management System shall comply with the requirements of the South Florida Water Management District and Collier County. The final water management system design shall be reviewed and approved by the County Engineer, prior to Commencement of Development. SANITARY SEWAGE TREATMENT: A sanitary sewage system shall be provided to comply with all' applicable local.and state requirements. Until such time as an area wide/County system is made available for connection, this development shall be connected to the approved Bruce Mumm/TreetOpS sewer treatment facility, which is partly and jointly owned by Bruce Mumm and Craig Merrett, and which ~hall be expanded to accommodate this development. This connection is temporary and connection to a County (District) system shall be made at no cost to the District when such becomes available. The currently established rates are.as follows: Multi-family Residential $ I1.00 per mont'/per unit Commercial Uses $ 22.00 per month/per t~llet fixture Future ~ate increases shall be fair and equitable to all partie~ involved and shall be reviewed and approved by the Board of County Commissioners prior to their implementation. Rates shall also be reviewed at periodic intervals to determine their adequacy and fairness. --9-- 4.5. T]IAFFIC CIRCULATION REVIEW: · At the time of development plan approval, adequate' internal traffic circulatlon must be provided on the development plan for the review and approval by the County Traffic Planner. -10- ............ F ^~"~.'~'-~ 1 ....... ~ :" '"" .'.' ..... '!': "°"~ .. ', '.. .. ;.'. ': ..... ::'"': ...... :":"'"'J:!'.'.',~AN"-j~.i 1997 ~ :.'.~-r .-'.;:;:.. ;,.L,::: ,.'.:.'..:: ..:r'".: "-'"' ' .'.-'-:-:'. :,:-.",'-,"~-",'-..'~; ..-.'.'~..::1.;'."-':,~-.";..~!,:.; '..~',.- · .; .~. ., ~.;,,,.." .. ,, ,;r~'~~ .'.,., ~ .-., · . . : .' . . .- ~ ~ -.:' .'~; - - ..:i.1.~ ~ ~.~,'-_~.,'.,~.~ ,-- ~.~o, .~.' -.."_*. ,--.,. . · .1' '1" .",- ;';' : '.,~-: ; ' ~ '..,;; . °'..., ' , . .'.,.*~..,~.";.,'i~o:-..o'-~ . '~.: -.3';.'~'.~_,~'¢ . .'~'.-~' - .,.,,... .... :....,,,,:,:..,,,..,,..,;......~,-.~..: ,.....,.,.., .... :.. :.:.,:.::.,:,~,.¥~.,,..,~:=~.;~..... ':-'?~ ": ..-.:~,:~':'-~.,. :.-r ,;."' '%. ~'=~., ,.~ ,:' ',:~'.': :.: .,, :=:?-. :.,-., ltllil¢OlIlli'~-l, fI)lt. TION T'R',aT TIlE BOJtI:ID OF COU~ COIIli~IONER8 15HORII 8T~F ~ ~PLY FOR TH~ P~XT~ ~ FXL~ ~ ~ ~~ ~O~ ~~IT~. OBJECTIVE: To have the Board of County Commissioners authorize staff to apply for permits to fill a lake area known as 'Ayala Lake' in ImmokaJee and rid the surrounding area of a safety and health hazard that has been a problem in that area for many years. CONSIDERATIONS: There exists in Section 4, Township 47, Range 29, a lake-pit area which is not a part of the County's drainage system or any other stormwater managemer~t program. For years this area has been a dumping ground for litter, abandoned property, and bodies (as documented by the attached letter from the Collier County Sheriffs Department). This lake-pit area is also a breeCmg ground for mosquitoes and other conditions which negatively impact the safety and health of the area. The owner of this parcel, Mr. Jesus Ayala, is in prison serving a ten (10) year sentence on a drug conviction. Staff has spoken with various contractors in Collier County who, in an effort to clean up this area, are willing to donate material to fill this lake-pit area provided the necessary permits are obtained. The owner of the property, Mr. Ayala, has signed a Right of Entry granting Collier County, its agents, contractors or assigns, a license and right to enter upon the aforementioned lands for the express purpose of filling this lake area. FISCAL IMPACT: The cost of permit a;plications and possible water quality sampling will be no more than $800. Funds are available in Fund 111, Reserves for Contingency. The fill material will be provided by local authorities and 'contractors at no cost. GROWTH MANAGEMENT IMPACT: Objective 111.2, Policy 111.2.2, of the Immokalee Future Land Use Element of the Growth Management Plan provides that "Collier County shall promote the conservation and rehabilitation of housing in Immokalee neighborhoods - - - Assist in upgrading existing neighborhoods through active code enforcement, removing blighting influences, e.g., abandoned vehicles, and concentrating capital improvements, e.g., road paving, park development, in such neighborhoods". A 'blighted area" is defined as "an area in which there are a substantial number of deteriorated or deteriorating structures and other conditions which endanger life or property and are detrimental to the health, safety, and general welfare of the community*. RECOMMENDATION: That the Board of County Commissioners authorize staff to apply for the necessary federal, state and local permits to fill the lake area known as 'Ayala Lake" with clean fill as defined by FAC 62-701-200 (11) and approve a budget amendment to accommodate the cost of those permits. Linda P. Sullivan, Director Code En/f~f'cement Dept. j - 'Zincent A. Cautero, Administrator Community Dev. & Env. Svcs. ',[? JAN 2 1 1997 RIGHT OF ENTRY KhlOW ALL MEN BY THESE PRESENTS that Jesus Ayala. a single man, whose mailing address is 225 New Market Road, Immokalee, Florida 34142, hereinafter known as Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid. does hereby grant unto COLLIER COUNTY. a political subdivision of Ihe State of Florida, its agents, contractors or assigns, whose mailing address is 3301 Tamiami Trail East, Naples. Florida 34112. hereinafter known as GRANTEE, a license and right to enter upon the lands of the Grantor. for the express purpose ol filling the lake area (pit} or the property described in Exhibit 'A' with inert waste materials, including but not limited to, bdck, block, concrete, rock, stone, earth and sand, free from contamination or other types of waste, and capable of serving as fiII material without harm to, or pollution of, ground or surface waters. THIS RIGHT OF ENTRY authorizes the Grantee to act on behalf of Grantor to obtain all necessary permits from the regulatory agencies, including, but not limited to. the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection. to complete t~e filhng of lhe lake area. ALL RIGHTS AND PRIVILEGES herein granted shaII terminate five years from the date of execution of this right of entry. Provided .hcwever, the Grantee may extend the right of entry for t',.;o years by providing written nctlce to Grantor prior to the tenminaticn of this right of entry. ADDITIONALLY, the rights and in[erest conveyed hereu~d'er are conditioned upon the reasonable exercise thereof by Grantee. Grantee aDr~es to indemnify the Grantor for a~l claims, causes of action and costs claimed ag-~J,".~t Grantor as a result of Grantee's use of the p;cF-.e~y descdbe~ in Exhibit "A". FURTHER, Gra,",tee shall have the option to purchase the property described in Exhibit 'A" for the sum of ten dollars. Grantee shall exercise the option by providing written notice to Gran(or by certifie~ mail within five years from [he date of execution of this right oi' entry. IN WITNESS WHEREO~ the Grantor has caused these presents to be executed in its name this. -~o day of ~---L--~,,G~:N'?_ .1995. WITNESSES: GRANTOR: (1) , signature Print e'.,.'Typ ed Name (2) signalure Pnnte~,'Tygecl Name J/ N 2 1 1997 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,1996, by Jesus Ayala, who is personally known to me or has produced as identification. Notary Public A'FI'EST: DWIGHT E. BROCK, Clerk Printed/Typed or Stamped Name GRANTEE: BOARD OF COUNTY COMMISSIONERS By: Chairman ^G£NDA ITEM JAN 2, 1 1997 Notary Public Prtn:e'-.-'Ty;3e~ or Collier County G~,t. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 33952 Telephone (AC 941) 774-4434 October 4, Code FnfOl'~rn~nt. Coli.[e.r Cotmt)' 106 South l~ Street Immokalee, Florida 34142 Per our rece~ conversation, I mn subm/tffno this letter as an effort to alleviate a Froblem area here ~ Immakalee. TI~ m-ca ~a que~don is Ioea[ed c~ South 3rd Siteek bekizd the "Paradise Flop Hous~ (a ro,mdog hou_~). This ~'nn~ll body of waka- (r~teation pond,'??) i~ not;~aly aa ~sca,~ but al~o a health h~?arcl. It bas become a d~:npia8 ground to everything fr~m tra~ to refrigerators. Nknf~Y~ .'.mk:~.cat~l l~rsona haw ,tumbled izto thia pond Eom th, area of th". room~n~ house I up the south s)de of town, th~ would surely be a giant step in the righf2k~'fion. I would greatly aplar~i~ ~ that could be accomplished with this property, pref~rablT, fill;rig it in ~the b~erL~a O~ce ca.a be ofazzy a~sL~ta.n~, please contact me at the Tmmo -ka.]ee Sub~tation. Very tzuty your~ Lt.~~"~p- N262 ' ' - AG£NDA. ITrM JAN 2 1 i997 ' ~TUR3tL RESOURCES DEPARTM//~T ~EMOKANDUM TO: FROM: DATE: RE' Gary Harrison, Code Enforcement Investigator . ~ William D. Lorenz Jr~.,~P.E., Director Natural Resources Department October 23, 1996 Ayala Lake Filling Please note that we have determined that the County will have to file an Army Corps of Engineers (ACOE) Nationwide 26 Permit and send formal notice of the permit application to the Florida Department of Environmental Protection. The permit application should describe the history of the problem, the owners permission (Right of Entry) and how and what types of material is to be used as fill. We will also provide the water quality analyses that were taken in 1987. We would expect it to take a'=inimum of 30 days for the ACOE to issue a permit with a more li~ely time frame of 60 to 90 days. ~. John Boldt has indicated that the lake is not part of the County's drainage system or any other storm~ate~ management system, indicating we should have not drainage~problems with filling the lake. We do recommend that no iron or steel (except concrete reinforcement materials) be used as fill because of high iron concentrations in the water (1987 lab data). We also recommend that the County have formal controls on the fill brought into the site. I can have my staff complete the application and obtain the permits for you after the BCC approves the project. I recommend that your Executive Summary should have the following in its Recommendation Section: "Authorize staff to apply for the necessary federal, state, and local permits to fill the lake with clean fill as defined by FAC 62-701-200(11)." ,JAN ~ 1 1@97 Note in the Fiscal Impact Section that the cost of permit applications and possible water quality sampling will be less than $800. Please let me know if you need any more information. Give me or Mac Hatcher a call at 732-2505 if you have any questions. cc: Vincent A. Cautero, Administrator Community Development and Environmental Services Linda Sullivan, Code Enforcement Director Deborah Pack-Preston, Comprehensive Planning Special Projects File WDL:jaa/10005 .l JAN 2 1 1 '-37 29. "BICYCLE A~ ~EDESTRIANWAYS" means any road, path, or way which is open to bicycle travel and traffic afoot, and from which motor vehicles are excluded. Rule 9J-5.003(8), F.A.C. 30. ,'BLIGHTED AREA" means an area in which there are a substantial number of deteriorated or deteriorating structures and other conditions which endanger life or property and are detrimental to the health, safety and general welfare of the community. 31. "BULKY WASTES" means items whose large size or weight precludes or complicates their handling by normal collection, processing, or disposal methods. 32. "CAPITAL BUDGET" means the portion of each local government's budget which reflects capital improvements scheduled for a fiscal year. Rule 9J-5.003(9), F.A.C. . 33. "CAPITAL IMPROVEME~T" means physical assets constructed or purchased to provide, improve, or replace a public facility, and which are large scale and high in cost. The cost of a capital improvement is generally non-recurring and may require m~lti-year financing· For the purpose of this rule, physical assets which have been identified as existing or projected needs in the individual ccr:prehensive plan elements shall be considered capital improvements Rule 9J-5 003(10) F.A.C. · ' ' °F 34. "CARRYING CAPACITY" means the level of recreational development that a particular site can support without detrimental impact to the natural environment of the site. '~ 35. "CLOSURE" means the time at which a reso'~rce recovery and r, anager, en~ facility ceases to accept wastes,'and includes those actions taken by the owner or operator of the facility to prepare the facility for any necessary monitoring and maintenance after closing. 36. "COASTAL AREA" means: that when preparing and implementing all requirements of the coastal management element except those requirements relating to hurricane evacuation, hazard mitigation, water quality, water quantity, estuarine pollution, or estuarine environmental quality, the coastal area shall be an area of the local government's choosing; however, this area must encompass all of the following where they occur within the local government's jurisdiction: water and submerged lands of oceanic water bodies or estuarine water bodies; shorelines adjacent to'oceanic waters or estuaries; coastal barriers; living marine resources; marine wetlands; water-dependent facilities or water- related facilities on oceanic or estuarine waters; or public access facilities to oceanic beaches or estuarine OBJECTIVE III.2: Collier County shall promote the conservation and rehabilitation of housing in Immokalee neighborhoods. Expansion of urban facilities and services should enhance or maintain the viability of existing urban residential areas. Needed public infrastructure improvements in these areas should receive priority in the County's Capital Improvement Element. Assist in upgrading existing neighborhoods through active code enforcement, removing blighting influences, e.g., abandoned vehicles, and concentrating capital improvements, e.g., road paving, park development, in such neighborhoods. Within one year of adoption of this plan, the County's Solid Waste division shall create a mandatory garbage pick-up program in Immokalee. Doc.Weft ,ITqgI)~AIGM - :'.' - 20 - JAN ~ 1 EXECUTIVE ~UMMARW STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 91-91, AS AMENDED, ALSO ICNOWN AS THE EAST TRAIL RV PARK PUD, WHICH, ACCORDING TO TFIE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERI'T OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF TFIE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER. OBJECTI~,T: Staff is r~uesting that the Board review staffs findings and recommendations regarding thc above referenced PUD. .CONSIDERATIONS: This PUD was orieinallv approved on September 24, 1991. Section 2.7.3.4 of the Collier County Land ~evel~pment Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth armiversav,, of the PUD approval by the Board of Counv,' Commissioners. The singular purpose &this report is be to evaluate whether or not the'project has cornmenced in earnest in accordance with 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 Development Code, the five .,,'ear approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.,1. are applicable as of October 30, 1996. The above referenced PUD has been identified as a project which was approved prior to October 30. 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field observation and review of in house records to verify, the current status of' the PUD and as the basis of a recommendation to thc Board consisient with the options pro'tided in Section 2.7.3.4 (l) 8: (2). Section 2.7.3.4 reads as follows: 2.7.3.4. 77me limits for approved PUD master plans. In the event that a PUD master plan is gA'eh approval, and the landowner(s) shall: Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other de~'elopment orders for at least 15 percent of the gross land area of the PUD site every jTve years of the date of approval b.l' thc Board Of CounO, Commissioners; and Fail to receive final local development orders for at least I5 percent of the total number of approved ahcelllng units in the PUD, or in the case of PUD's consisting of nonresldentlal uses, 30 percent of th e total approved gross leasable floor area within the PUD ever), slx years of the date of approval by the Board Of Count)' Commlssloners. The project developer shall submit to the Planning Services Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board Of County Commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth abov~ Should the Planning Services Director determlne that the de,'elopment has commenced in earnest, then the land shah retain its txistlng PUD approval and shall not be subject to additional revle~v and consideration of ne~v development standards or use modification. Sh au Id th e Plannlng Services Director determln e th at th e development has not commenced in earnest, then upon revltn¢ and consideration of the report provided by the owner and an)' supplemental information that may be provided, the Board Of CounO, Commissioners shah elect one of the followlng: To extend the current PUD approval for a maximum period of t~vo ).ears; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the Growth Management Plan. The e. xisting PUD shall remain in effect until subsequent action b)' the Board of the submitted amendment of the PUD. If the owner fails to submit an amended PUD within slx months of Board action to require such an amended submlttal, then the Board ma)' initiate proceedings to rezone the unimproved portlons of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Groat'th Management Plan. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for devclopment 2 approval and approved as part of a development order in conformance with F.S. ff 380. 06. $¥n0DsiS 0f Am)roved L~nd USes:_ This 20.20 acre PUD was approved for 115 Travel Trailer Recreational Vehicles ('I'I'RVC) units, It also includes 3,16 acres of detention and preservation space along with .$6 acres for a recreation area. Consistency with Comprehensive Growth Management Plan: Thc subject ?UD is designated Urban Coastal Fringe on thc Future Land Usc Element (FLUE) of thc Growth Ma.r~gement (GMP). This designation allows for a maximum of 4 dwclling units per acre and 12 TTRVC units per acre. Since this PUD is approved for 115 TTRVC units on 20.20 acres, the resulting density of 5.7 units per acre is deemed to be in compliance v,-Jth the Density Rating System of thc Growth Management Plan. Thc PUD is also consistent with the Traffic Circulation Element and the Open Space/Natural Resource Element vcith minor revisions to the PUD document. ...Consistency with the Collier County Land Development Code: Thc PUD has been distributed to the appropriate jurisdiction review entities specifically for review of the PUD for consistency with current land development regulations. Based on that review, the following inconsistencies have been identified: Transportation: Section V of the PUD (traffic impacts, access management, etc.) No inconsistencies were reported however, staff advises that certain references should be changed to reflect current administrative regulation if the PUD is to be amended. Environmental: Section VIII of the PUD (protected species, green and open spaces) No inconsistencies were reported however, staff advises that certain references should be changed to reflect current references if the PUD is to be amended. Engineering: Section VI of the PUD (sewage/water, drainage issues) No inconsistencies were reported however, staff advises that certain references should be changed to reflect current administrative regulation if the PUD is to be amended. STAFF COMMENTS: Staff is of the opinion that there is insufficient justification to require a owner to submit an amended PUD simply because the PUD references codes that are now consolidated into the Land Development Code, or otherwise have references of administrative import that have been changed in the most recent LDC change. These references are not made invalid because the.,,' changed or are otherwise placed in a different legislative d,~."umc~9~£'~tv JAN 2, 1 t997 closest or most sirrdlar relationship to current references applies in the administration o£ PUD development commitments, More importantly, is whether or not there is any absence of development commitments needed to make the PUD consistent with today's code requirements. Staff review does not indicate that there are an)' inconsistencies or omissions t, Mt are now necessary, to achieve current Land Development Code requirements as made applicable to subsequent required development approvals (i.e. Platting and/or SDP's). FISCAL IMPACT: An amendment to this PUD, as recommended by staff will have no fiscal impact on Collier Count)' as the appropriate PUD amendment and other applicable fees will cover the cost of staff time associated with review of said amendment, and the cost of advertising and public notice. ~TAFT RECOMMENDATION: Based on a comprehensive review of this PUD document, recommends that the Board of CountS.' Commissioners grant a ~'o )'ear e.,aension of the East Trail RV Park PUD per the attached resolution. PREPARED BY: RAY (I~ELLOWS PRINCIPAL PLANNER /-7-77 DATE REX. qEWED BY: · ' 1CP DATE CURRENT PLANNING MANAGER ~' / , / DONALD W. ARNOLD, AiCIL-,, bATE PLANNING SER~CES DEPARTMENT DIRE~OR VINCENT A. CAUTERO, ADbllNIST~tTOR DATE COMMUNI~' DEVELOPMENT ~ ENVIRONMENTAL SERVICES DIVISION 'JAN 2 1 19S7 RIU:OT,IITT ON ! 2 3 4 5 ? 8 9 11 12 13 34 17 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 A RESOLUTION BY TIlE BOARD OF COUNTY COMHZSSION£RS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINAN¢~ 91-~1 ALSO KNOWN AS EAST TRAIL PA~K PUD, ~XTENDING TII~ CUR~NT PUD APPROVAL TO JANUARY 2~, ~999~ AND PROVZD~NG AN EFFECTZVE DATE. WII£R~AS, the ~ast Tral! RV Park PUD, Ordinance 91-91 adopted on September 2~, 19)l, is subject to the provisions of Section of the Land Development Code (LOC), Time Limits for Approved PUD Zoning Districts together with their respective Maater Plane; end WH[REAS, tho PUD woe adopted consistent with and under the provisions of the Collier County ~ro~th ~anagement Plan; and WH£REAS, the Board of County Commiaelonara has reviewed the PUD and has determined to extend the current PUD Zoning for two years, until January 21, 1999; and NOW, THEREFORE BE ~T RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to January 21, 1999; at the end of which time the owner shall submit to the procedures in LDO Section 2.7.3.4. This Resolution shall become effective immediately upon Its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. JAH P~., PAGE 1 , ! 4 7 10 CommleeJonor offered the foregoing Resolution and moved for 1ts adoption, seconded by Commissioner AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done , mhd upon roll call, the vo:e vas: dny of , 1997. DOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 12 13 BY: 14 15 16 ATTEST: 17 DWIGHT E. BROCK, CLERK 18 19 2O 22 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 24 27 ASSISTANT COUNTY ATTO~TEy 28 2g r. AST TRAIL RV PA~.K PUD/19149 30 31 33 34 TIMOTHY L. HANCOCK, CHAIPJ~AN EAST TRAIL RV PAR,;( A 'A PLkNNED TRAVEL TRAILER RECREATIONAL VEHICLE COMMUNITY BY LEO PETRONZIO, MARION B. A."w%TO AND JOHN COLAGIOVA:~NI PREPAR£D BY: ~NCHOR/A.M. ERICAN ENGINEERING COMPANY 790 E~R~OUR DRIVE NAPLES, FLORIDA 33940 REVISED 9/12/91 DATE FILED. DATE DATE REVIE%~D BY CCPC. DATE APPROVED BY CC~C ORDINANCE NUMBER 91-91 SECTION I SECTION IX SECTION 2II SECTION IV SECTION V SECTION VI SECTION VII INDEX LIST OF EXHIBITS ~T~TEMENT OF COMPLIanCE & SHORT TITLE PROPERTY O~ERSHIP AND DESCRIPTION PROJECT DEVELOPMENT TRAVEL TRAILER RECREATIONAL VEHICLE PARK L~ND USE DETENTION AND PRESERVE AREA OPEN SPACE AND NATURAL AREA RECREATION ~ND OPEN SPACE L~D USE DEVELOPMENT C0,MLM.!TMENTS PAGE ii 1-i 2-1 3-1 4-1 5-1 6-1 7-1 IJAN 2 ! ~? : : EXHIBIT A EXHIBIT B EXHIBIT ~ £XHIB~T D EXHIBIT E EXHIBIT F LIST O? E×HIBIT~ P.U.D. MASTER PLAN LOCATION MAP SERVICES AJ~ID.SHOPPING FACILITIES HAP TOPOGRAPHIC MAP VEGETATIO~ MAP SOILS MAP TYPICAL ROAD CROSS SECTION DEED TO THE REAL PROPERTY 'JAN 2 1 1997 STATEMENT OF The purpose of this section l~ to express the intent of Leo Per,on,lo, hereinafter referred to as applicant or sponsor, to c~eate a P.U.D. on 20.198 acres of land located in part of Section 12, Township 51 South, Range 26 East, Collier County, Florida. The name of this proposed development shall hence forth be known as East Trail RV Park. The development of East Trail RV Park as a Planned Unit Development vll! be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Travel Trailer Recreational Vehicle Park (TTRVC] development with associated recreational facilities will be consistent with the growth pollutes, land development regulations and applicable Growth ~anagement Planning Objectives for the following T~A';E-L TRA~LER R£CREATTO~AL V~!CL£ PA~ PRO3EC? 1. The subject property ha~ available, or will have available concurrent with development, adequate level~ of service {or roads, water, sewer, water management, parks and solid waste to serve the development. 2. The subject property is located in the Urban Residential Area, having direct access to an arterial road and is compatible with surrounding land uses. 3. The subject property shall be allowed to develop at a density consistent with the Future Land Use Ele:n~nt, D~n~lty r~ system LUI-31 of the Growth ~anagement Plan. TTRVC Dls~t Zoning, would allow a ~aximum of 12 units per acre. fl~ls petition l~ requesting a PUD to allow ll5 units on 20.20 acres for a maximum density of 5.7 units per acre. Therefore, the requested density is in compliance w~th the Future Land Use Element of the GMP. 4. The TTRVC development Is compatible with and compl~mentary to the surrounding land uses. 5. Improvements are planned to be in compliance with applicable land development regulatlon~ as set forth in Objective 3 of the Future Land Use Element. 6. The project development will result in an efficient and economical extension of com.~unlty facilities and services. 7. The proJ.ect development Is planned to Incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in regulations that implement Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. ii 1.01 1.02 1.03 SECTION PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE 'the purpose o[ this section Is to ~et forth the loc~tlon ~nd .)wnership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of East Trail RV Park. The subject property being approximately 20,20 acres is described A parcel of land lying In the west one half of Section 12, Township $I South, Range 26 East, Collier County, Florida, being more particularly described as ~ollows: FROM THE INTERSECTION OF THE SOUTH LINE OF SECTION 12, TOWNSHIP 51 SOUTH, R~{GE 26 EAST, COLLIER COUNTY, FLORIDA, WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 190 [U.S..ROUTE 41, T;~IAMI TRAIL), RUN N 54 DEGREES 21' W, ALONG SAID RIGHT-OF-WAY LINE FOR 1500.00 FEET TO THE POINT OF BEGINNING; THENCE S 35 DEGREES 39'W, FOR 400 FEET; THENCE S 54 DEGREES 21' E, PArAlLEL WITH SAID RIGHT-OF-WAY LINE S00.00 FEET; THENCE S ~$ DEGREES 39' W,' FOR 319.90 FEET, TO THE SOUTH LINE OF SECTION 12; THENCE S ~9 DEGREES 54'W, ALONG SAID SOUTH LINE, FOR 1232.18 FEET; THENCE N 35 DEGREES 39'E, FOR 1439.79 FEET, TO THE ~=ORESAID RIGHT-OF-WAY LINE; THENCE S 54 DEGREES 21' E, ALONG SAID LINE, FOR 500 FEET, TO THE POINT OF BEGINNING, CONTAINING 20.198 ACRES, MORE OR LESS. The subject propert~ is ccrrently under the ownership of: Leo Petronzlo, 1419 Colling~ood ~venue Marco Island, Florida 33937 Marion B, k~ato, 20725 Colby Drive Shaker E:~, OH 44122 John Colaglovannl, 12~25 Buckeye Drive Chesterland, OH 44C26 Evidence of unified control 1~ provided by Exhibit "H". 1-1 1.04 1.05 The project site is located In the W=st 1/2 of Sec:ion 12 Township 51 Squth, Range 26 East. The zoning classification of the subject property prior to the date of the approval of this rezone to PUD was A.2." : PHYSICAL DESCRIPTION The project site is located within the Southern Coaetal Pralnage Basin. The natural drainage of the site is in a southwest direction. Overland flow drains Into the Miscellaneous Coastal Basin and then into MacIlvane Bay. Water Management for the proposed project is planned to be the detention type. Elevations within the project site range from 5.0 feet to 5.8 feet above mean sea level. Host of the area, however, falls within the 5.2 to 5.5 feet of elevation category. All of the site is in Flood Zone "A~" according to Firm Hap 1120067 06200. · . The Flood Insurance Rate Map, effective September 14, 1979,' .~. . .required that all structures 'be built at a minimum floor elevation of seven (7) feet. In order to ensure that this · - '..'. minimum level will.be met in all cases, no structure =ay be ''' on the subject property unless the ground floor elevation · .' . . least seven {7) feet. All development shall occur in compl · with Ordinance 86-28 (a.k.a. the Flood Da~ge Prevention '~":"'.i.',[.f'...~ Ord~nance)'as amended by Ordinance ~-~, an~ as may be amende{ 'in the future. .... ' '{.: l '." <'~...:..] ,.. .: 1.0~ 'P~OJECT ~ESC~PTION :'Campground is a P18nned Travel Trailer Recreational Vehicle Park (TTRVC), which Include~ a · mixture of recreation, conservation and ~ater management uses. ' 1.07 '- :' S~OPT T!TtE '. This Ordinan~e shall be known c.~ the "E&~t Trail R.V. Park Planned Unit ~evelopment Ordinance." 1-2 SZCTION II PROJECT DEVELOPM. ENT 2.01 The purpo:e of this Section is to delineate and generally describe the pro~ect plan of development, relationships to applicable County ordinances, the respective land uses .of the tracts included In the project, as well as other pro,oct relationships.' 2.02 GEN£RAL )Cast Tzall RV Park 15 a Planned Travel Trailer Recreational Vehicle Park (TTRVC), which includes a mixture of recreation, conservation and water ~nagement u~es. A. Regulations for development o~ TTRVC ~hall be ~n accordance ". with the contents o~ this document, ~UD-Planned Unit '. .Development District and other applicable sections and Darts .' - '. of the Collie: County Zoning Ordinance In effect at the time' ' ' m ' ' I m ' 0 ~ building pe:m:t application. Where these regulations: · " ~ :]"..'i':~t' :.faLl to 9:ov~de developmental ~tandards then the .~'~. ~':' ....:::.; .. of'the most mim~la: dist:~ct ~n the County Zoning O:dtnance '.C'.':'.'u':,h..F.}.:.-':'~,be'the same as .the definitions set forth In Collie: County :.]{':. ..... ';-:;%':.'..'F C." "All ?conditions ~mposed mn~ all g:aph~c ~ter~al presented. depicting :est'rlctlons for the development of TTR%T shall beco~r.e pa:t of the :egulat~ons which govern the manner .~n' which the PUD s~te ~.ay be developed. Unless ~pecl~lcally waived through exceptions to' the ~ubdlvlslon :egulattonm ordinance at the S~? approval pha~e, the p:ovlsions oE those regulations not otherwise provided [o~ In this PUD remain In full fo:ce and effect. The project Master Plan, Including layout o~ ~t:eets and land ~s ~llustzated ~/aphlcally by Exhibit "A", PUD Maste= Plan. M~nor var[aC~ons to land use designations ~n acreage w~th~n project ~hall be peImitted at final des~qn tu accommodate vegetation, encroachments, utilities, ~,a:ket coad~tion~, and other hereto unforseen ~te 2-1 2.04 P~O$£CT DENSIT~ the total acreage o! East Trail RV Park 15 apprux!mate!y 20.20 acres. The maximum number o[ dwelling un,ts to be constructed on the total acreage 'Is 115. ?he maximum number o[ dwellln~ units per gross acre Is approxin~tely 5.7. RELATED ~OJ~CT ~LA~ ~PP~OVAL R~OUI~£~ENT$ A. Prior to the recording of a Record Plat, for all or part the PUD, final plans of all required improvements shall receive approval ol the appropriate Collier County governmental agency to Insure compliance with the PUD Master Plan, the County Subdlvlslon Regulations and the laws 6f the S~ate of rloxlda. ' B. Exhibit "A", TT~VC PUD Master Plan, con~tltute~ the required' PUD Developmen= Plan. Subsequent ~o or concurrent with PUD approval, a Subdivision Master Plan shall be submitted for. the entlxe area covered by the PUD Master Plan. Any division of properffy and the development of the land shall be In compliance with the Subdivision Regul~tions, and the platting lays ol the State oE Florida. .. The development of'thl~ project shall xequlre submittal approval o~ a Subdivision Master Plan In conformance requtrement~, established by Article IX Section 3 of Subdivision '-Regulations, or any subsequenk relat~n~..thereto prior to the submittal o~ construction D.."Appropriate lns~rument~ will be provided at the time .~-.: 'lnfra~tructural Improvements regarding any dedications and .... 'method ~..~o~ providing'perpetual ~tntenance of common ~NSM~NT$ TO PUO DO,liMPeT OP PUD MAST~ A~end~ent's" may be made to the PUD as provided In the Collier County Zoning Ordinance. 2.06 2.09 2.08 2.09 P~H~TT£D V~R~ATTOHS O~ D~LLTNG I]NTT~ All properties designated for TTRVP uses may be developed at the maximum number of. dwelling units as assigned by Section 2.4, provided that the total number of 8~clling units shall not exceed 115. .As depicted on the Master Plan, £xhlblt aA", a natural detention area has been provided on site. The. goal Is to achieve an overall aesthetic character for the project, to perr:,lt optimum use of the 2and, and to Increase the efficiency of the water management network. Roads will be private and other Infrastructure may be either' public or private, depending on location, capacity, and design. ' Developer shall create appropriate homeowner, associations ~hlch · rill be .responsible for r~aintain~ng the roads, ~rainage, water ' and sever improvements vhere such systems are not dedicated .to . .'. :...'the County. The maintenance Covenants as adopted by the home ' ... :...L... owners association and approved by Collier County shall be';. "?' ~ -' -'recorded prior to platting. ' "'¥-2.10...' ' "SU~D~V~STnN M~T~' PL~ XP?~0V~.[~ : ....:{'~' ~'. v"- .... '.;. Subdivision Ma~ste: e~an a~proval shall follo~ the procedures ~'.~':':{[}.~',~.':.:'forth .In 'Xrticle ZX as a~en~ed of the County '.:; '} .~'~ .~'. :..-. ..'. · , · . , 2-3 · AG£N DA. LT£M " '.'. . N0. ~ 1 1997 'd-']lY': .... ' .... '~: :"~'~"--'-"~*'~": ""~: .~. r. '..;'. ~. ............ .' -.. --. -. .~.,~._~-~ _- .~._~....~ _' -~ , ~ - . .' . . - . _ --~T'~c?-'--'~.-~C'.--.'~F~- .-~--'-~-~---~"~'L-_ ~' :'-.~---~-~-~--~',.----~d-~. -~ ~..----- .... .--- - ~ .................. ::_ .. .<v~.'.. ,.. _~--._.~_~_~t.~.~_ ~,...~,-_~._~. {:a,~.,-.--- .......... _ .... 3 3.02 $£CTZOtT _.T~VEL T~X~L£~ - R£C~TIoNAL ~EHIC~E P~ L~N~ ~ '. The purpos,~ of this section is to set forth the regulatlons the areas designated on Exhibit "A", p.U.D. Ma~ter Plan as Trailer - ReCreational Vehicle Park [TTRVC). The maximum number of ll$ TTRVC sites, may be constructed on the lands designated as TTKVC. 3.03 The areas designated as TT~VC on the P.U.D. ~aster Plan . designed solely as RV sites for travel trailers, park model ers and recreational vehicles not exceeding 480 travel t. ra!l ...... rea Such EV sites are intended to -.guare _~?e~ --? .... ,~--s hark mo~el travel ~:rallers, pick-up accommoaa~e ~ravc~ ~.~- , r coaches, motor homes, and other vehicular accom~odations which ' ' ... are s~itable for temporary ~ habitation, used ~or travel, vacation .... '.~ '" :' and · recreational purposes. TTRVC vehicles may be '~'; '"'...' ...'.~llocated on a lot, however, no person or persons may occupy said · . . 7 months· ;.c. C'.? ,{%.:.~-2vehicl~s as per,neat places of residence for more than ~ · NO .building or structure, or par: thereof, shall be erected, ;?.':i~; · · · altered . or used, o.r .land u~ed, In whole or In par~, for other r Travel ' trailers, park model travel trailers, 'coache~, motor home~ and other recreatfonal vehicles herein defined. C) fermit%ed Accessory U~es and 1. Accessory u~es and structure~ customarily a~soc~at=d - with travel trailer recreational vehicle park~, including recreation fac~llties (both indoor and outdoor), admln~stration buildings, service build,rigs including bathrooms, laundries, and sim~lar services for residents of the park, and utility buildings. 3-i 3.05 Accessory uses and structures customarily associated with travel tralle~ recreational vehicle parks, including screened-in porches (elevated or at ground level with vinyl or glass windows, and with or without a klckplate), cabanas, patios, slldeouts and tipouts, utility rooms, storage sheds, decks, air conditioning units located outside the RV, and other accessory uses and structures. Such'accessory structures may be constructed out of any materials, and built and attached to the RV in any manner. All such structures must be permitt=d and constructed according to Collier County Building Code. Provided, further, that any such structure which is attached to the RV shall be dismantled and removed whenever the RV Is removed from the site. A. Minimum Lot ;~rea: 2800 square feet B. Minimum Lot Dimensions: .<,[ " 1. Vidth:' Average of 40 feet ' "-":.. ...2. . Depth: Average of 70 feet "". -:' ' ' C..' 'Minimum'Setbacks:' · ,'"Z:. ?;.'.:,,.~<,~-._. 1: i. ,Front: lO'feet "' 2. ::".Side: ;'.-,5 .feet - "<'".':'~: 3. '::Rear: :-' 8 feet . ... 5. ":'From Any Requited Bullet: 10 Ieet : 6 :~. T~om Public Street: 25 feet .. ~..'.'...:'i~.~,.i.F~om'aulldlngs o: Structures: 10 feet D. Haximum'~eight of Structures: 20.feet Haxlmu~ Sl=e o~ TTRVC Unit: 4~ square ~eet F. ~axlmum Size oi TT?,VC Unit In Cc:,blnatlon wlth Xttached Accessory structures: 480 s~ca:e ieet dE living (al~ conditioned) area Internal Street System: All T?Rvc lots shall ),ave dlr~ct access from the Internal street system. 3-2 ................ · ~...'.~-' L . ' · : '- --~'' ..;..~., '~.-~ ~.~..--+ . -~ ..-_..-.~T;.~-~.~_=_- ~..L~,-~~TM - .~ ..... ...~ ..... ~--~ ~ -~-, .... . -~-_-~.~.,.,~.-:~ H. Required Facilities: i'. Central water and sewer ~hall be available to each TTRVC lot. 2. A trash container such as a dumpstez shall be located in areas easily accesslbl~ and not obstructed by TTRVC lots or parking areas. 3. A building open at all 'times wherein a portable fire extinguisher in operable condition and first aid equipment, and a telephone a~e available for ·public use. 4. One parking space per TTRVC lot. 5. Sanitary facilities, Including flush toilets, and showers within three hundred (300) feet walking distance from every campsite lot and the Collier County Health Department, or in the event of a private on-site system connection to the County system subject to County Ordinances. Light~ng shall be .· provided In sanitary facilities at ali t~mes and the · facilities shall be accessible to park · '7.=,'=":..'..'. -* '::::' ' : visual screens are required in the following areas: ..... '...~.. :-'.'..": '1.'. A clear area not less than 20 feet in width along ~lde entire length of the cleared area. The landscape plan 'ii i.-..:ol.the Subdivision Baster Plan. The entire clear area · ' .and lands6ape area may be co=,bined to achieve a visual screen between t?,e public ro~d ar, d the TTRV Park. 2. The abutting la~ds zoned other t~an T?RVC on the east · and south sides cf the property shall be effec~ively screened from ~uch land by a buffer strip at least fifteen (15) fee~ wide, in which ornamental screenln~ composed of structural or plant material ~hall be placed. ~uch screens shall be attractively maintained at all times and constructed In accordance vlth the landscape provisions of the 2cnin~ Ordinance 82-2, amended. 3-3 J. permanent Location of TTRVC Units: TTRVC units may be permanently located on a lot; however, no permanent residency is allowed for more than 7 months per year. Any such permanent placement shall conform to County Building Codes in e£~ect regarding hurricane tie-down and all other applicable requirements. K. Other standards: Landscaping,' parking, signage, and other standards not addressed herein shall be as permitted/required by the Zoning and Sign Ordinance in effect at the time of permit application. L. Plan Approval Niubdivision Master Plans', per section 2.10 of this document, shall be submitted for review and approval prior to subdivision plat an{ construction plans approval. 3.06 DEFINTTIONS '' - A. The '"recreational vehicle' a vehicular portable unit .... " primarily designed as . temporary living quarters for .... . recreational~ camping, or travel use, which either has its '.?-' < ' - o~n motive power or is mounted· on or drawn by another :. -....~: '.~'....-.-.'- ' vehicle and complies with the length and width provisions of · . such a size .or weight as not to require special highway "::'""'"'"'":' movenent permits when drawn by a motorized vehicle. It Is ' primarily. ~esigned an~ constructed to provide temporary '.....' ' ~.llvlng quarters for recreational, camping, or travel use. ·It has a body width of no more than ~-1/2 feet and an .overall body length of.no more ~han forty {40) feet when factory-equipped for the road. C. Th~' "91c~-uP coaches", a pick-up truck equipped with 'a . portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreotiona], camplnp, or travel use. P. The "motor home", a vehicular unit which does not exceed the len'gth and width ll~ltatlons provided In s.21{.515, is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living ~uarters for recreational, camping,.o: travel use. 3-4 oo The "park mo~el travel trailer" a ~ransgortable umtt which has a body wid=h not ~xceedlng 12 ~eet, is built on a slngle chassis and is ~es~sned to provide ~easonal or Le~porary living quarters vhen connected to utilities necessary fo: operation of. installed fixtures and appliances. The total area of the ~nit in a setup mode, vhen measu:~d f:om the exterior surface of the exterior valls at the level of ~aximum dimensions and Including any bay vlndov th.)t ext=:~d= to the floor line, does not exceed four hundred eighty {4aO) square feet. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the dravbar and coupling mechanism) to the exterior of the rear of the body (at the op?cslte end of the bcdy), Including any protrusions. .. Z 3-5 SECTION ~V DETENTION/PRESErVE A~E~ 4.01 PURPOSE The purpose of this sect'ion Is to set ~orth the the area designated on Exhibit "A", P.U.D. Detention/Preserve Area. regulations for Master Plan as 4.02 PE~MTTTE~ USE~ No building or structure or part thereof, shall be erected altered or used, or land used, In whole or In part, for other than the following, subject.to regional state and ~ederal permits when required. A. Principal Uses: .. 1. Open Spaces/Nature Preserves. · : .' 2. t~ater management ~acilltles. ' '. 3. Pervious biking, hiking, and nature trails where 'no · . ?. ' .... filling or clearing is required. · .'.~....,.~-.:..-. .. -~ .- <.,.o ::, · . . .... .... :~ An appropriate Homeowners Association will be created, which will ':' ' i ::'~ ".be responsible for maintenance of this area per Se-.tions 2.09° ' .i'...:,'<.' .'.'.'-;The ~intenance covenants shall be recorded prior to ~Iatting. . :~.'..f.~ .'.. .' -.' . ~... -~ ....,. - . ' ' "4~04 :.-'"CONSERVATION EASEMENT . . .' .. ' ' ". YA ~Portlon "of. the 'Detention/Preserve Area shall contain .a -' conservation ' easement as directed by the State of Florida. The Conservation Easement sha~l be'shown at time of plattin~, 4-1 S£CTI O:l V OPEN SpAC£/NATURAL AREA The purpose of this section is to set ~orth the regulatlons fo: the areas designated on Exhibit "A", P.U.D. Master Plan as Open Space/Natural Area. 5.02 ~£RMTTTED USES No building or structure or part thereof, shall be erecte~ altered or used, or land used, in whole or In part, for other than the following, subject to regional, state or federal permits .. when required. A. Principal Uses: 1. Open Spaces/Nature Areas 2. Pervious biking, hiking, and nature tr'ails whet= no ' - filling or clearing is required. : m3. Nature preserves and wildlife sanctuaries. ~..' . 4. ~oard~alks subject to approvals by appropriate permitting' .... ' '.°.,.. <"~ '--~ 5 ' Water ~anagement areas · '-'5.03 '": '..'~AINT£NANCE OF OPE~ SpAcE/NA. TURAt . . ~'~., Art'.appropriate ~o~eo~ners A~sociatton ~ill be creete~, which ~ill .'. <d~"-:-.'r't.>?be'responsible for the maintenance of this area per ~.09. The ho~e owners association · ..'.'- i J.."..~Malntenance Covenants . as a~opted by the ' .' '.'.i<an4 -approved by Collier County shall be :eco:~ed p:io: to 5-1 SECTION VI R£CR~ATION AND OPEN SPAC~ L~ND USE The purpose of this section Is to'set f~rth the regulations for the areas designated on Exhibit "A", P.U.D. Master Plan as zeoreational. &.02 P£~MITTED US£$ A~D STrUCTUreS No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or In part, {or other than the following: .' A. p~rmltted Prlnci~al Uze~ and £tructure! 1. Parks, playgrounds, and game courts and fields. 2. Biking, hiking, canoeing and nature trails. -'' 3. ~ature pre~erves an~ wildlife sanctuaries. · 4. Recreational shelters, laundry facilities and facilities. .... 5.. Clubhouse a~d a!! related {acilitles, including laundry ~' ' .' '~': 6 "' Roads, · pathways, accessory uses and s~ructures': .--"¢ustor~rily a~sociated with permitted use, Including '' -'. ' ~ '"'.but not lib{ted to utility, structures, lakes, and · - ..... 7. "-'Gate house, perimeter fence, and similar security '-B. · p{rm~tted ~sce~orv Uses and Structure~ 1. ' Accessory uses and structures customarily associated 'with principle uses permitted in this district. 2. Maintenance and storage area structures. C. $1~e Plan' A~rcva] Site Plans, per section 2.10 of this d~cument, shall be submitted f:r :evie~ and app:cval p:lo~ to building applicatEon. 6.03 pEVELOPMENT C~IT~YA A. Overall site design shall be harmonious and internally consistent in ter~ cf landscaping, e~closure c! structures, location of ao:ess s:reets and parkin~ areas a~d location Do Minimum Recr~atfon Azeu: 0.55 Acre~ Minimum ¥a=~$.- ~oth Prlnc~l~ an8 Accessory 1~ Front Yard: 10 Eeet 3. Rear Yasd: 8 feet 4. r:om PUD Bounda:y: 25 feet S. from any Requited Guffe: Area: 10 feet ~. rro~ Public St:eet: 25 feet 7. r~m Buildings or Structu:es: '10 feet Max~n~ ~etght of Structu:e~: 30 feet Othe: Landscaping, pa:k~g, signage, a~d othe: a~d:essed he:e~n, sba1! be a~ Zoning and S~gn Ordinance ~n not permitted or required by the effect at the time of perntt $£¢TION Vii D£VELO~MENT COMM! TM~NT$ 7.01 7.02 PURPOSE The purpose of this Section is to set forth the development con~mXtments for the developzaent of.the project. OEN£RAL All facilities shall be constructed in strtct accordance Ftna! Site Development Plans, Final Subdivision Plans and all applicable state and 'loCal laws, codes, and regulations applicable to this ~UD in effect when building permits are applied fcr. Except where specifically noted or stated otherwise, the standards and specifications of the official County Zoning Ordinance and Subdivision Regulations shall apply to this project. The developer, his successor and assigns shall be responsible for the co=~itments outlined in this document. The developer, his successor or assignee shall agree to follow' 'the Master Plan and the regulations of the PUD as adopted and any. .~.~'[~)i/...~ ' other conditions or modifications as ~ay be agreed to in the~ :: h.·:< .... r. ;'· .. rezonino of the property. In addition, the developer will agree '..l."v.?"-/~.. ·' .'~to convey to any successor or assignee tn title any coramltments -:%<7i03 ..:/'.pUD MASTER P'L~N '"~.'=>:';;~< '' ~'~'A."=t'The" owner may be .able to make adjustment to the tract i~.! :': ~'~:~boundarles, road alignment and other site Improvements ,. ~.~: .......:.;: ~.j'¥~'?....-.Petermlnatlon.. of . ~hether the changes are substantial, or · 'insubstantial, and the revie~ process to be followed shall " .. ". .~' ."' -{:'be In accordance ~Ith the zoning regulations, section and/or subdivision regulations. B. All necessary easements, dedications,.or other Instruments shall be granted to insure .the continued operation and maintenance of all service utilities and all co~on areas In · the project. C. Pursuaht to Section 5.11 of th~ zoning ordlnanc= or Its successor in the Unified Land Development Code provision shall be ~Jdu for the future use of building space ~lthin co~aon areas for the purposes of accommodating th~ function of an electoral polling place. 7-1 7.04 7.05 An agreement recorded tn the official records of the Clerk of the Circuit Cou:t of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, homeowners assocJations,..or tenants associations. This agreement shall provide for said co~.unity recreation/public building/public room or similar common facility to be uscd fo: a polling place if determined to be necessary by th~ Supervisor of Elections. DEVELOPMENT SEOUENCE AND $CHEDULF ~t is estimated that the property will be developed in 1992. However, this estimate is based on current ~arket knowledge. This estimate could change depending on future market conditions. The developer does not intend to have any residential usage other than TTRVC sites. SUNSET The plan of development hereby adopted by the action of approving this PUD rezone and its ¢oncomltan= regulatory document and ~ster plan is hereby further made subject to the following sunset provision or development, time limits. 1. "Failure 'to obtain approval for improvement plans or a .-..development order ~or.infrastructure improvements to utilities, 'roads, and similar lmprovements recuized byw ..~<approYed PUD Master Plan for at lea~t fifteen [lf%} per ';"of.the gross land area of the PUD site within five (5] years of ~the · date of approval by the Board cz County ' 'i~Co~issioners; and ' 2. :F~ilure-.t~ receive 'final local development orders for at .;least.fifteen {15) percent of the total number of approved .dwelling unit~ in the .PUD, or in the case o~ PUP's consisting of non-residential uses, thirty {30) percent of the approved gross floor area within the PUD within ~ix years .of the date of approval by 'the Board of County Commissioners, - will result in the Board of County Commissioners taking the followling action; a. Void and otherwise repeal and Invalidat~ the PUD approval, and initiate a proceeding to re:one 'the property to an appropriate zen!rig district classification, or b. Am. end any portion of the PUD Master Plan, or its associated development zegula~lcns, or 7-2 ?.06 ?.07 7.08 Provide that the fee simple owner(s) of the land upon vhlch the PUD site exists may petition the EcG~d o! County Com~lssioners to extend such expiration dates. Such an extension may be granted only once for a pertcd of cne'.(l) yea~ when It is demonstrated that the extension is required for reasons beyond the control of the owners. ~n annual monitoring report ~hall be submitted Section 9.29 K of the zoning ordinance or provisions in the Unified Land Development Code. TP~T;~POPTAT~ON The development of thts PUD Master Plan shall be ~overned by the folloutng conditions: pursu'ant to its SUCCeSSOr subject to and A. The developer shall contribute a fair share portion of the capital cost of construction of a left' turn lane and decele:ation lane on U.S. 41 (Ta~lami T:ail East) at the main entrance of the site. Const:uction o~ such road access shall be in compliance with FDOT standards and applicable County s~andards. WATER HANAG~::T The' development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading, and site. drainage plans be s.ubmit~ed to Project Review Services for revieu. No construction permits .shall ~e issued unless and until · approval'of the proposed construction in accordance with the submitted plans is granted by Project Review Services. B. In accordance with the Rules o~ the. South Florida Water Management District, ($F~D) Chapters ~0E4 and 40E-~0, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. C. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. D. A copy of SFWMD Po:mit ox Early Work Permit ~= required prio: to construction plan approval. 7-3 At the time of building permit submission, ~ rlu~lda Department of Transportation right-of-way permit allowing discharge into U.S. 41 shall be provided. 7.09 UTIL{TIES The development of this PUD Master Plan shall be subject ~o and governed by the following conditions: A. Vater distribution, sewage collection and transnlssion and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. Ail customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the ~..'. County not be in a position to provide water and/or sewer · _'L.... service to the project, the water and/or se~er customers · .....-'; ...... shall he customers of the interim utility established to .L'!jl~ ~i'. ] · serve the project until the County's off-site water and/or ;.-'t=:{.~..'..l'L.~<.., : sewer facilities are available to serve the pruJect. ' ,C~"~?'.!i:L'~":' . - ultimately supply potable water to meet the ~':J?<~."-~]~']".': 'S': Jq-.'demand and/or receive and treat the sewage generated by . ~ project .... · ?-""~J'~ic!;.'¥~",': D. ' The on-site ~ater distribution system to serve the project · ' .... '"' 'shall be connected to the District's 8" water main along .'~ :' i~-."- '" '.~ ..U.S. 41 ,extended to and throughout the ~roJect. Locations ' '=' '''"to be mutually agreed upon by the Utilities Division and the · Developer prior to the design phase of the project. Dead end ~ins shall also be ellmlnated' by looping the internal pipeline network. E. The utility construction documents f~r the project's on-site sewerage system shal! be prepared to contain the design and construction of the on-site and o~f-site force mai~ which will ~ltimately connect the pro~ect to the Rookery Utility Wastewater Treatment Plant. F. Prior to final Construction' Plan approval, an agreement shall be entered into between the County, Spade £ngine=ring (Rookery Bay Utility) and the owner, legally acceptable to the County in which th~ o~ner and Spade Engineuring agree to become customers of the County when the County takes over the Spade franchise. 7-4 7.10 The develop,~ent uf this PUD Master Plan governed by the [ollowlng conditions: A. shall be subject to ar, d N~ developme.nt activity shall begin prior to approval of final plans and plats. Excavation work may bcgln only upor, specific agreements between the County and the applicant relating to quantity, location, clearing, submission of final plans, bonding, etc. Detailed paving, grading and site drainage plans shall be submitted to Project Review Services. ~o construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plar, s is granted by Pro,eot Review Services. C. This project shal~ be zeguired to meet all County Ordinanc~s in effect at the time final construction documents are submitted for development approval. P. The PUD Master Plan, constitutes .the reguired PUD Development Plan. A subdivis!on Master Plan shall be submitted for the entire area covered by the PUD Master ..i Plan.- All division 'o~ pr.operty and the development of the '~' . land shall ' be In compliance ~ith the Subdivision ·: . :..'.~.. . ~.~. . . · . :..<... F' "':"'~'"' :"..E.. ',~The provisions o~ Section ~0.5 of the Zoning Ordinance ~2.2 · · '' >-shall apply to the development of all platted tracts, o~ ~; ". .'.-.-''.!':~.- parcels' o! lan~ as provided in said Section ~0.5 prior to : .. ". '-'-:~LZ.- :. the -issuance .of a. building per,it or other development F. '"The. owner ray be able to ~ak~ adjustment to the tract ~' boundaries, road 'alignment and other site improvements. · :. .'. ' .d. Determlnatton '.o~ ~hether the changes are substantial, or Insubstantial, and the review process to be followed shall be In accordance with the Zon.lng ~e~ulations ani/cr Subdivision Regulations. ¢. The pro~ect shall be platted In accordance with Collier County Subdlvlsicn Regulations to fleflne the r!ght-o~-~ay, tracts, preserve areas and water management areas as shown on the'PUD master plan. 7.11 E~VIRONHE~TAL The development of this PUD Haster Plan shall be subject to and govexned by the following conditions: x. Petitioner shall be subSect to Collier County Ordinance 75- · 21, as amended {or the vegetation removal o:dinance in effect at the time of Final SEP or SDP approval). B. All exotic plants, as defined In County Ordinance, 82-37 as · amended, shall be removed du{ing each phase o! construction from development areas, open space areas, and preserve areas. A program of removal, monitoring and ~aintenance of the site ~ree of exotics in perpetuity, shall be submitted to P:oJect ~evlew Services, £nvlronmental stalE, fo~ and approval, p~lor to Final Subdivision Plan/Construction Plan approval. 7.12 OTHER INFRASTRUCTUR~ The ~evelopment of this PUD Master Plan shall be subject to and governed b7 the following conditions: '." ' A. All clearing, grading, earthwork, and ~lte drainage work : .~-.. ' ." , shall be performed In accordance with all applicable State .,-~ : · ' ' and local codes, ..'."' ', D. ."Telephone, .power, and TV cable service shall be .:.be'lnstalle~ 7.13 ':' ' ACC£S$ORY'STRUCTUR~ ... . ..... ..-.,. ..Accessory~structure~ shall be constructed simultaneously follow'lng' 'the iconstructlcn o! the TTRV lots except for a construction site o~lce and model units. ' with the co,lief Sign Ordinance tn effect at the time of permitting. 7.15 LANDSCAPING FOR OFF-STREET P~;T]NG All landscaping for off-street parking areas shall be accordance with the Collier County Zoning Ordinance In effect at the tl~e of building permit application. ETRAIL PU.RV2 J':P,C~ usE: 2 ~,~'C: '--2 -DETEN33OH/PRESERV~ ,- 3.16 ACAES OpEN SPACE/~qAT. AREA .- 1~ ACRES RECREA~Otl AREA - 0.56 ACAES DE~N~3N = o.?1 ACRES ~u~os:~ sm,~ - ~.== ~c~s P.U.D. ~ASTER PLAN EXHIBIT A TOTAL ,- 20.20 ACRES TOTAL UNITS ,,' 115 UNITS EAST TRAIL RV 'PARK (:;ROSS DENSITY ALLOWA.CL[ OEN$11Y ?. IUPER'/,OUS ~. OPEN AREA ANCHOR / LOCATION MAP , SC ~AL~.: 1' - 2500' EXHIBIT- B - PRE,mAP, ED BY- ANCHOR / AMERICAN ENGINEERING '7~0 HxRB:.LJR DRIV[ HA, PL.[$. F',,CR;DA(~1'~) 149-1',~1 COIVTPANY CF^X) 1. NA.PL.[S SOUTH pLAZA 2. NAPLES T0WN£ C[NT"r.R ~, COURTHOUSE 4. C-,JUrC;A'I~ PL.A2A 5. K~C~ LAKE: 6. I::OAS~D laALL 'SITE EAST TRAIL RV PARK $¢A1¢' 1' - 52e0' EXHIBIT C - PRF~J:M.~,:D BY- ANCHOR / AMERICAN ENGINEERING COMPANY .... ~.' -:-':':-": ..... :' -'1'" ~~----- ---"~-'.." .' :. :..-'--'--,z~.-*~ .... 2 .' : .... '.. -~~~_ --. _~ :. -.- -. ~ .~ :~- ' :: .... ~D~---~-x ~x ~' ' .- ',' - ...... :~' · ~ '~.~'~'~'~,-~-~"~~-z~-~:' - ~-~ ~:- -' ~'~ ~ '--:L "~?~'~ - ~ ~" ' .~._~ .. ~:_~ __:__~-:.~_.--. L- . EAST TRAIL RV PARK TOPOGRAPHIC MAP EXHIBIT D .. ANCHOR I AMERICAN ENGINEERING COMPANY 411 ".. ;?~.=. ~..: 'L:i ,?, 'i':':" '~'" '." ' .. :~.....,~:..~ .' , ...:,........, .... . .'r ~ .,';;,:'~.: :. :'-'"'~' ' ' i ;"" ~'~ .. · ...- .',~.)~ . .. ..' '. ,~11 - pjNl:' /'LA'TwOODS G21 - CY~)~£Sc .' ?,~ - SPOIL B14~-ROADS AND EAST TRAIL RV PARK _VEGETATION MAP .... EXHIBIT E - PPC-~P~-q£D BY- ANCHOR / AMERICAN ENGINEERING COMPANY .~ . .. . . · .... · .~.....:...-~ , '. . : . · . ' . .. ~ . -. . ' . -. .~-'-'~..~':':~'~-'-~...~,~: (~-~.' .: ~'_ . , ' ...... ~ "-'~;'"..;~.?"'"~'~- :~"'~ "~'.~. b~ . · ' %'. ~-<.:~','~.- ,~.7~':2-~.~:~ -;'.~ l~ ~r~, · ..... . ...:...,., .-.~. - ~. ::-~m~~ ~.~.~~.~ -' . - , =_ ~_ '...~ : -., ~ .:. '......;. :,,;....~.~ ~,~.~. ~ ~L~-"~ ~ .... .. --~ e --,.:.-~~,~~,~T:~~ ~:,~ ...... ..-' ............ '.- . .'~ ' ;'.~ ~'~ ~ ~ ~'- .~'~.,~ ~ · .., ~:.~- = -.~-.~'~.~~ ...... '~ ~ ...... ~-..._ 2 - HOLOWF~AW FINE' SXh'O LJM£$TOH~' ~UE S'rRATiJ)4 · 14- PIH£DA ~H£ SA,ND U~ESTOH£ ~'.,JB S TRATU~¢ EAST TRAIL RV PARK' SOILS MAP .~C,L~:::~ ~0~. ~JRWL"Y Ct' ¢¢L:JL"~ C:'U.WTI'. ln~' £XHI~IT F EAST TRAIL RV PARK TYPICAL ROADWAY SECTION N.T.~ ~ ;: .. '. -. .. ... TYPICAL ENTRANCE ROAD SECTION EX~IBIT 6 (~) 1 1/4' TY'PE $-1 1.4CO~r"I£D ASPHALTIC C~.NCRL"IT-, {~ ;6' UUEROCK OF' AASHTO ,T-I~O ~4AX. DFNSITY. OF BASE: SHALL BE: PRIMED ~tTH RC-?0. (:~ 12' ~TAeIU~'.O SUB~RADE WiTH M1NtUUU L~R 40 AND CO~PACT~.D ~0 AT LI~:AST ~,'~, OF' AASHTO - PR£PAR.D BY - ' ANCHOR / AMERICAN ENGINEERING COMPANY 7gO HARBOUR ORFv~ h'APtr$, ~'L. CR~OX (&l,~) m49-1551' (FAX) OUIT-CLAIH DEED t~ ~ ~DO.O~) ' ~I;O~ ALL H~ BY ~I~E That £D~ARD ~L'TROHZ]O (husband of Rose Ann Pe:ronz{o), the ~ranlor vho cln{ms {itle by cr through instrument, recorded on Apr{1 19, 1974, {n OR Books 587, Pmle ]I1, Public Records of ~llier County, Florida, for the consideration o[ Ten Doll~r~ ($I0) sn~ other Ioo~ mad valuable consideratl~ received ~o his full satisfaction of LEO P~O~ZIO (mart{ed), H,~RIO~ B. ~ATO (~rr{ed) mad JOHN ~L~IOVANHI (~arrJed), the Grantees vhose tax ~all{nE address vi11 be 7311 Cedar, ~es~erlmnd OH 44026, have GIV~, GRAY(TED, RDIIS~D, R~S~D mad FOREVER QUIT-C~IHED and do by th~se presents absolu~e]~ ~rmn~, remtse, release and forever Ru{t-clalm unto the sold ~rantees, their he,rs end m~siRns forever, ~11 ~u~h rl~ht mad ~itle ms l, the said ~rantor, ~ave or ouBht to ~a~e In ~nd to the follovin~ desEribed parcel of lmnd: ''~'..'.'.'{'Undlvl~ed one-qumrter (() {nterest situated {n the Count) of Co11~ ~ ,.'". "mnd SLmte el rlor~dm and more fully descrlbed as fellers: = ..~ . From'the {ntersection of south 1{ne of ~ect{on 12, To~shln 51 South · .:"-.:'"of-vsy'l{ne of S~mt~ Road 190 (U.S. Rout~ 41, TamI~n~ Tr,il), run .N S4'21' ~, n~on~ sa{d rilh~-oE-va} ~$nefor 1,S00.00 [ee~ to ~he · . . ',POI~ OF.B~IflfllNO: thence S 35'39' g, ~or 400.00 [eet~ thence " '"' ""'S 54'2]* E, pn~sl]e% ~h said r{Eh:-of.~.y ~lne, 500.00 feet; ~hence S 35'39' V, for 319.9 feet, to the South l~ne of Section ]2; thence S 89'5&' W, mlon8 smtd S:uth line, ~o~ ~,232.18 feet; thence N 35'39' E, for ~,(39.79 Ieet to the aforesaid right-of-ray: then:e S 54'21' E, alon8 said line for 500.C0 feet to the Point of Beginning. containing 20.~98 acres, eore or less, but subject to all ]egal h~ghvays. TO ~Y~ AND'~ IIOLD, the pre~ise~ mForesa~d, ~ith the appvrLenancos thereto belonstn~ to :he {aid Grantees, their he{rs nnd assI8,s, so that OR BOOK PAGE ~elther t'he said Cran~or, nor his heirs, nor nny other person claiming ti[la through or under him, shall or viii herea[ter claim or demand any right or title to the premises, as herein described, or any part thereo[; but I and every one of them shall'by these presen:s be esclu~e~ nn~ forever barred. And far valuable consideration l, Rose Xnn Pe~ronzto, (~$fe of EDVARD P~ROEZIO) d~'hereb~ revise, release aha forever saSd ~n~ees, their he~rs 8nd ~ss$~ns, ~ll ~ right and expec~anc7 or DOVER ~$n ~hr ~bove described premises. IH ~I~'~S h~[E~EO~, ~e hav~ hereunto se~ our hands~ o[ June, in the )ear o[ Our ~rd one thousand nine hundred and e$shcy-nin~. SICHED AHD ACK~E~ED IH ~ ~UN~ ) ~s. ~erore me, m ~otary Public in mai for said Coun~I mag Scm~e, personmlly appeared the mb~'v~ ~.~e~' ED~}A~ P~O~ZZO mod ~OSf i,~ P~tO~ZZO (husb~ni and vita) .ho acknowledged ~hmt they.ii.g sign the ~oregoinI i~stru~ent and the same Is their free act mod deed. .. ac ~}"~nO t ~ ...... I have hereunto set ~y hang and oI[lclal seal, this.C~ iai o[ June, A.D. 1989. . 700 ~. S~. Clair Xvenue Suite {216) 62i-I 100 ..' EXECUTIVE SUMi~hJtY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 90-84, AS AMENDED, ALSO KNOWN AS THE DONOVAN CENTER PUD, WItICIt, ACCORDING TO TIlE REQUIRED PUD STATUS REPORT SUBMITTED BY TltE PROPERTY OWNER/AGENT, ItAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNT%' COMMISSIONERS TO CONSIDER. OBJECTIVE: Staff is requesting that the Board rev/ew staffs findings and recommendations regarding the above referenced PUD. CONSIDERATIONS: This PUD was originally approved on November 27, 1990. Section 2.7.3.4 of' the Collier CounD. Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. The o singular purpose of this report is be to evaluate whether or not the project has commenced in earnest in accordance with 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 Development Code, the five 3'ear approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. are applicable as of October 30, 1996. The above referenced PUD has been identified as a project which was approved prior to October 30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Stuff ha~ utilized thc required PUD status (monitoring) report, supplemented by field observation and rcvic~ of in house records to verify the current status of thc PUD o and as the basis ora recommendation to the Board consistent with the options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as folloxvs: 2. Z3.4. 77me limlts for approved PUD master plans. In the event that a PUD master plan is given approval, and the landowner(s)shall: Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required b)' the approved PLO master plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years of the date of approval br the Board Of Countr Commissioners: attd ' ' Fall to recelve final local development orders for at least I$ percent of the total number of approved dwelling unlts in the PUD, or in the case of PUD's conslstlng of nonresldentlal uses, 30 percent of the total approved gross leasablejToor area within the PUD every slx years of the date of approval by the Board Of Count), Commlssloners. The project developer shall submit to the Planning Services Director a status report on the progress of development annually commencing on the fifth annlversary date of the PUD approval by the Board Of County Commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. Should the Planning Servlces Director determine that the development has commenced in earnest, then the land shall retain its existing pUD approval and shall not be subject to additional revie~v and conslderatlon of new development standards or use modification. Should the Planning Sen'ices Director determine that the development has not commenced in earnest, then upon review. and consideration of the report provided by the o~vner and an)' supplemental information th at may be provided, the Board Of Coun(v Commissloners shall elect one of the following: To extend the current PUD approval for ama. ximum period of hvo )'ears; at the end of ~vhich time, the o~vner will again submit to the procedure as defined herein. Require the o*rner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent ~,ith the Gro~vth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board of the submitted amendment of the PUD. If the o~vner fails to submlt an amended PUD *vithln six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone the unimproved portions of the origlnal PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. In the case of developments of reglonal impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contalned *vithin the appllcation for de~'elopment 2 ! JAN 2 1 1997 approval and approved as part of a deYelopment order in conformance with F.$. 3¢380. 06. .Synopsis of Approved Land Uses: This 47.07 acre PUD was approved for 150,000 square feet of commercial retail space and I00,000 square feet of office space on 26 acres (tracts 1-7). It also includes 140 multi-family dwelling units on 20 acres. Other uses include Adult Congregate Facility (ALF) at 26 units per acre. The PUD also contains the required preservation/open space, retention and wetland areas. Consistency with Comprehensive Growth Management Plan: Thc subject PUD is designated Activity Center (Interchange) on the Future Land Use Element (FLUE) of thc Growth Management (GMP). Since the subject site is located within the southeast quadrant of the Immokalee Road/I-75 Interchange, the FLUE permits commercial and industrial land uses that se~,e regional markets, provided each such use is compatible with existing and approved land uses, Based on staff review of the approved commercial/office uses. the PUD has been determined to be consistent with the FLUE. In addition, residential dwellings are permitted at a density ofup to 16 units per acre and 26 units per acre for hoteL/motels and adult congregate facilities. Since the PUD permits a total of 140 multi-family dwellings at a density of 7 units per acre on the 20 acre residential tract, The PUD is consistent with the Density Rating System. Therefore, the PUD has also been deemed consistent with the GMP including the Traffic Circulation Element and the Open Space/Natural Resource Element with minor revisions to the PUD documcnt. Consistency with the Collier County Land Development Code: Thc PUD has been distributed to the appropriate.jurisdiction review entities specifically for review of the PUD for consistency with current land development regulations. Based on that review, the folloxx4ng inconsistencies have been identified: Transportation: Section V of the PUD (traffic impacts, access management, etc.) No inconsistencies were reported however, staff advises that certain references should be changed to reflect current administrative regulation if the PUD is to be amended. Environmental: Section VIII of the PUD (protected species, green and open spaces) No inconsistencies were reported however, staff advises that certain references should be changed to reflect current references if the PUD is to be amended. Engineering: Section VI of the PUD (sewage/water, drainage issues) No inconsistencies were reported however, staffadviscs that certain references should be changed to reflect current administrative regulation if thc PUD is to be amended. Architectural Theme: Onl)' the development and architectural standards as adopted during the approval of the PUD are applicable. However, Section 2.8 of the Land Development Code provides architectural and site design standards that will be applied to any commercial development within this PUD. JAN 1 '1997 STAFF COMMENTS; Staff is o£ thc opkfion that there is imu~cicnt justification to require a o~cr to submit an amended PUD simply because the PUD refcrences codes that are now consolidated into thc Land Development Code, or othe~-ise have references of ~Iministrative import that have been changed in the most recent LDC change. These references are not made invalid because the}' changed or are otherwise placed in a different legislative document. Their closest or most similar relationship to current references applies in the administration of PUD development eorrtmitrnents. More importantly, is whether or not there is an), absence of development commitments new, deal to make the PUD consistent with today's code requirements. Staff review does not indicate that there are any inconsistencies or omissions t~at are now necessa~, to achieve current Land Development Code requirements as made applicable to subsequent required development approvals (i.e. Platting and/or SDP's). .FISCAL IMPACT: An amendment to this PUD, as recommended by ~aff~51l have no fiscal impact on Collier CounD, as thc appropriate PUD amendment and otb. · applicable fees 4511 cover thc cost of stafftimc associated with rcvicw of said amcndmcnt, and the cost of'advertising and public notice. STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, recommends that the Board of CounD' Commissioners grant a rwo }'ear extension of the Donovan Center PUD per the attached resolution. PREPARED BY: Lt.O ,'S PRINCIPAL PLANNER DATE REVIEWED BY: ROBt~RT J. MULHERE, AICP DATE CURRENT PLANNING MANAGER~ D~ W. ARNOLD, AICP- DATE PLANNING SER~qCES DEPARTMENT DIRE~OR VINCENT A. CAUTERO, ~sfiNI~T~TOR ~A~ COMMUNI~ DEVELOPMENT & E~qRONMENTAL SER~qCES DI~SION AGEN JAN 21 1997 1 2 3 4 5 6 '7 8 9 RESOLUTION 97- A RESOLUTION BY THE BOARD OF COUI{TY COMMISSIONERS OF COLLIER COtT;TY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 90-84 ALSO KNOWN AS DONOVA3; CENTER PUD, EXTENDING THE CURRENT PUD APPROVAL TO JANUARY 21, 1999; AND PROVIDING Al; EFFECTIVE DATE. ~EREAS, the Donovan Center PUD, Ordinance 90-84 adopted on ll November 27, 1990, is subject to the provisions of Section 2.7.3.4., 12 of the Land Development Code (LDC), Time Limits for Approved PUD 13 Zoning Districts together with their respective Master Plans; and 14 W~EREAS, the PUD was adopted consistent with and under the 15 provisions of the Collier County Growth Management Plan; and 16 WHEREAS, the Board of County Commissioners has reviewed the PUD 17 and has determined to extend the current PUD Zoning for two years, 18 until January 21, 1999; and 19 NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of 20 Collier County, Florida that: 21 1. The above recitals are adopted herein by reference as if 22 fully set forth herein. 23 2. This Resolution shall constitute evidence of compliance with 24 the review requirements of Section 2.7.3.4 of the LDC. 25 3. Pursuant to said section of the LDC, the current PUD approval 26 is hereby extended to January 21, 1999; at the end of which time 27 the owner shall submit to the procedures in LDC Section 2.7.3.4. 28 29 3O 31 32 33 34 This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. PAGE 1 2 4 5 6 7 9 lo 12 13 This Resolution adodpted after motion, second and majority vote. Done this day of , 1997. BOARD OF COUNTY COD{MISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAIRMAN 14 15 16 18 ~.ARJORIE M. STUDENT 19 ASSISTA2;T COUNTY ATTOR~EY 2O 21 DONOV;kN CENTER PUD/19150 22 23 24 25 26 27 28 29 3O 31 32 33 34 APPROVED AS TO FO~LM ~;D LEGAL SUFFICIENCY: PAGE 2 'JAN 2 1 1997 PL3.,.~D L~.IIT D~VELOPME~.~T .... ....:~.~....: . :...-..?... -....':..~:,~'... ,. ..'.- : · . ..~ '.:. · .......:!.:.:. ~' ' . Exhibit "A" File No. 88,78 Date Filed Date Revised Date Reviewed By CCPC Date Approved By BCC . 11/27/~0 Ordinance f' 90-8& EXHIBIT "A' AGEN D~ ITEM .o. 'JAN 21 1997 TABLE OF CONTENT~ SECTICX I STAT~..ENT OF COMPLIAJ;CE ............................... SECTIO:; II PROPERTY O~,Q;ERSHIP, LEGAL DESCRIPTION, SHORT TITLE. S ECTiO.~; III STAT ~..-~;T OF SECTIO:; IV G~;L=~ D~ELG~MENT REGb~TIO:~S ....................... 7-!3 " SECTIOX V TR3C;S PORTATIOX REQUi~=~TS. b~ILITY ~QUIP~ENTS ..... ~ ..... ' ~' ~ ..... "~ ...................... 15-17 SECTIO:~ VII .... ' '.... - ~ · . ' · . :. ,, :..' - .:: . .'... .... . . · ' .... ....................... 18 . . . S~ , ',.,'."..~ ~.-~,',.'.~ ~.~,;. . .. - · ,. . '.~ ...~.., ...,: -~IO.~ VIII .=v .~ ~..:~':.':- ,'~.' .... .,'.. ~..'. '~ , ,':. '- '~:~:~".?;:<ri";.~'' ~IRO~'sT' '~ =" '~:'{~' '.> ';.: :; "'-' . ' ' ' .' ..' :~.~"~'~-.,;~._.~,,....,. ;, ~D~S ....... ~.. .... · · .. ~ :.~.. "~~.:.-_C~:.3'?. 'U'..;'~';.'~'.~:?".~:~'-"~.~:~:~?:'--~,'~-.'.~· L~;~ ............. ~-.0 ' ' · ' ' ~*~'~-~,,~t~, '~.:,~: ,~' '~'.~...-, ".. '.' ' ' - ' ' ·.' ' · .... .... · % . . ~. ; .~.. , ·........, ....% · .,~,~,~ ;~'.~.,v~,.,. ... . . · . ... , . ....... ~ ..... :: '."¥~=>-:/~::F~.;<s ~.',V{~-%~:/;P$~:v ". ~ ' ~ ':' ' ..... ' '.W ':7 '~} - ..' ' .:-. .. · · · '.-- :'' : LIST OF E~IB~TS ':':-"~ ....... ' '. , ' . - . . .~ .' .... ,.: · . ~- ._.... - . .-....C.,a~.'.~ · <.?: ?:' AG£ND&JI£M ,.tAN g .1. 1997 · - SECTION I STAT~,E:;T OF CO,~PLIA/;CE The development of 47± acres of property in Section 30, Township 4S South]'-Range'26 East as a Planned Unit Development to be known as the Donovan Center will be in compliance with the planning goals and'6bje~tives of Collier County and the Comprehensive Land Use Plan'flor'the following reasons: .1.- The"Comprehensive.Plan.designates..the proposed-location as an Activity Center uhich is the preferred location for high density residential and'non-residential land uses. 2.. -The project has a broad range of land uses, consisting cf retail, office, mote!, and residential uses, {~ -- ~h .... are . designed to meet the intent of the Growth Management Plan '"iy~ich e~courages nixed use projects. .3. The project is compatible with, and complimentary to, ~r?UT~rrounding land uses. " 4 ' The project de';elopzent is planned to incorporate natural systems, existing and ma~ade, for water management in "'~ · ~ccordance with their natural f~nctions and capabilities.. ...... ,-...~,~.'.~2~...'~,~provisions. for.,hared access with adjoining properties..,. ...... ~:o/..=......,,...6.....~ Entrance features into ~he proposed development, alcng ~itk .... landscaping features,..setbacks, and open s~ace, are designed to essence the entrance of this inportan% gateway into Collier --. ~.... , . .' ..-. , . .. · ~? ~'.. : . . 7. ' The project is ~ompatible with adjacent land uses th-cu~h e~, internal arrangement of structures, the placement of land use ....~... .............. buffers, and the proposed development .standards contained ¢.~. herein. ' ..... · · ' '-' 8. All improvements shall be in compliance with applicable ' regulations. 9. Provisions are incorporated into this project to protect tke endangered species, the Red-Cockaded Woodpeckers, believed to ~. be located on this site· .-. 10. All final local development orders for this " ~ _ ' subject to the Collier County Concurre-~ - ....... ~o2ec~ i,.,ple..,ented by the Adequate Publxc ~acilities Ordinance. s SECTION II PROP=--RTY O'-~2ERSHIP, LEGAL D£$CRI~TION, A2;D SHORT TITLE 2.1 P~OPERTY .. .The subject property is currently o'~ned hy Traders Unli=ited · ' 'of ~;aples, Inc., The Mutual Funding Realty of Florida, and Walter T. Donovan, Trustee. 2.2 LEGAL DESCRiPTIOn; ~"Pa-~cel of l'and located in the ;forth % of Section 30, To'.,~chip 48 South, Range 26 East, Collier County, Florida, being more particularly described as follo;'s: .. ~o--.ence at the ::orth:'est corner of Section 30, To'.T. ship 4S South, 'Range 26 East, Collier County, Florida, the sane hein~ a point on the ~:ortherly right-of-way line or Innokalee Road, . : C.R.. fS46.a 100.00 foot right-of-way; thence run South 88 24' ~:..-~ 18" East along the ,%;orth line of the Northwest quarter cf the '..'~.'.:.~' .... said Section 30 and along said right-of-way line for a '-.~"--:.~':.; ' distance of 19a0.23 feet to the North'~est corner of the East , : .... half of the East half of the ;~orthwest quarter of the said :,::."o'~?.'~ · .' . .' Section 30; thence run South 00 31' 31" East along the Wes=- " '"'.'>'~'~' i. '~ line of the East half of the East half of the ~;orth'.'es=.: ,.'.?.'?.::'...!,:7~L.": ~ quarter of the s.aid SeCtion 30 for a distance of 113.85 '.':',.~'...~?'-~.-~.~-.C;%_to.a' point On ~he soUth'.'esterly right-of-'.'ay line of S.R. f93 '~'~'~-!"'~'--.':~':'~(Interstate'75)'and the POI::T OF BE~I~e;I~:G of the parcel of .~...~..~.'~ '.. i_ ' land herein .described; thence continue S. 00 31' 31" East · '":.:~:'-k:'.vl'7;.::~.'-':along'the'West line of the East half of the East half.of t_he ~:orth','est quarter of the'said Section 30 for a distance of 2556.01' feet to the Southwest corner of the East half of the :...%~ East half of the };ort_hwest quarter of the said Section 30; thence run South 88 23' 44" East along the South line of the );orthwest quarter of the said Section 30 for a distance of "':'~")~'~3 659~84 feet .to. the Southeast corner of the Northwest quarter of the said Section 30; thence run North 00 31' 12" West the East line of the Northwest quarter of the said Section 30 ...... ' for a distance of 1334.98 feet to the Northeast corner of tke East half of the Southwest quarter of the Northwest quarter cf . '". . the said Section 30; thence run South 88 24' 36" East along ' ": the South line of the Southwest quarter of the Southwest ~"" quarter of the Northwest quarter' of the ~;ortheast quarter cf ...... the ~aid Section 30 for a distance of 330.22 feet to the Southeast corner of the West half of the West half of the :' Northwest quarter of the Northeast quarter of the said Section 30; thence run North 00 31~ 40" West along the East line of the West half of the West half of the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of AGEND :JAN 2, 1 3997 1001.30 feet to the Southeast corner of the Northwest quarter of the North'.'est quarter of the North'west quarter of the North'west quarter of the Northeast quarter of the said Secticn 30; thence run North 88 25' 16" West along the South line of the North','est quarter of the North'~est quarter of the North'~est quarter of the Northeast quarter of the said Secticn ~0 ~'6~ ~ distance of 100.07 feet to a point 100.00 feet West .of, as measured at right angles to, the East line of the ~orth~'est quarter of the Northwest ~arter of the North'~es~ quarter of .the ~;ortheast ~arter of the said Section 30; thence run North 00 31' '40" ~'est, parallel with the East line o. f ' the" North'~est'- ~a~er-of--the-.North.west-.~arte~of-the No?thwest ~arter of the Northeast ~arter of the said Secticn 30 for a distance of 193.66 feet to the South~'esterly right- of-way line of.S.R. ~93 (Interstate 75); thence run North 25'.29" West along said right-of-way line for a distance cf 246.!4 feet; thence run North 85 38' 38" West along said " ..r'ight-of-'~ay.line.for. . . a distance of 545.52 feet to the ~O.~ ~"'... fg.ntaLning ~7.-07. aq~es,L~ore.or, less... . ~ ~ ..Subject to easements, rese~,ations or restrictions of record. "'~'~{' ~earings ;efer to an ass~ed ~earing of S. Sa 24' 'the. North line of the North'~est ~ of Secticn 30, To~ship 48 .'.,::?~.'~'~ .. Planned Unit Development Ordinance". SECTION III STATLM. ENT OF INTENT 3.1 INTRODUCTION I~'is the Project Developer's intention to develop a mixed use center with the full range of compatible and complimentary land uses'including retail, office, motel, and residential ~ei' It is the.purpose of this document to provide the re~uired'developmen~ standards for the project. 3.2 ~ROJECT DESCRIPTIOn" ~h~s projec~'is designed for interactive uses, residential, tonnercial and office uses, as set forth in the Future Land Use £1eme~t of the Gro',-.h Management Plan. To the north cf -' this developmen=, adjacent to Inmokalee Road, the co.-~-ercial ahd.office uses ~ill be located to act as a buffer area and as transitional uses to the residential uses to the southern area of this development. Additionally, extensive open spaces have '.:. been set aside to act as preserve and foraging areas for the ~ndangered species located on this ~ite. . A. Re~lations for develo~:ent of Donovan Center shall ke in '' : '"'< '".~'~17 accoYdance ~ith the contents of this doc:ent, PC~- . , .-.in ~ffect at the~tlme of bu~ldin e~it a ' ~' - .. , :' ' i ''-Should the~e re~lations fail to provide develop-em'al . standards, then the provisions of the most similar ~"'~..district i~the Co~ty Zoning Ordinance shall apply. B.'' Unles~ otherwise noted, the definitions of al~ t---- shall be t~e same as the definitions set forth in Collier County Zoning Ordinance in effect at the time of building pe~it application. C. All ~ondit~ons imposed and all graphic material ~resen=ed .. depicting res:rictions for t~e development of Donovan ....~:_: Center shall become part of the re~!ations which govern the manner in which this site may be developed. "~'" ' D. If not specifically set f~rth or provided for in thi~ ordinance, then provisions of the Collier County Zoning ~:'~" Ordinance 82.2, as amended, shall apply. ',3AN 1 1997 A. The project Master Plan, including layout of street~ and land use of the various tracts, is illustrated graphically by Exhibit "A", PUD Master Plan. There shall --bt-eight land use areas, plus necessary water management lakes,.street rights-of-way, the general configuration of which is also illustrated by Exhibit A. The final . ... location of the buildings and water nangement systems shall he determined at the tine of site develcpnent plan. --. The location of these buildings shall, however, he in the tracts set forth on the PUD Master Plan. B~-" TraCt .Use ~,p~ro×~.-ate Acreece '.. 6 - 7 Office and Other .. ~. Non-Retail Uses 8 Up to two hundred and fifty thousand (250,000) square _-_=: · feet .of retail or office develop:ant is permitted within . --.: this Planned Un'it Develc.~zent 'within the t'.'enty-six (26) .. '~. acres depicted for these uses (see the PUD Master Plan _._ for the land use tracts). .... " >. in addition, motel uses =ay also he permitted at a '".' d. ensity of up to twenty-six (26) units per acre, for . ..... ~....~....: .... :: ..... ~'"'~"--~.'?" .All ,residential .land uses on the twenty (20) acres .... d.esignate~l~as-rgsi..dential shall be develcped 'with 140 -'., .... "- ..... ~.'..~ .... dwelling units, ~-aximun, as set forth by the Gro'.~h ~.~-,:.,:.~.-. F..anagement Plan. C. The anticipated tine for build-out of the entire project .. is ten (10) years or by the year 2000. ".";"" D. Areas illustrated as a lake by Exhibit A, shall be · - · · ..... constructed as a lake, or parts thereof, -.ay he ..:..:-.~.%:. ,.' constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, the lake and intermittent wet and dry areas shall be in the sane general configuration and contain the sar. e general acreage as shown by ELhibit A. E. In addition to the various areas and specific items sho'.'n in Exhibit "A", easements, as necessary (utility, private, semi-public, etc.), shall be established within, or along, the various tracts. AGENDA JAN 1 SIGNAGE The developer intends to create a unifo.~!y designed special signage and identification system including but not limited to subdivision and entrance signs for the project to cczplinent the intended development thenes and architectural styles. Such signs are intended to be located and permitted at all project entrance points as well as at other strategically identified areas which will be enforced through restrictive covenants and/or architectural controls (see also Section 4.5e) and application of the Sign Ordinance of Collier County. Utilization of the right-of-ways for landscaping decorative entrance ways, and signage shall be subject to approval by the M~n~ger of Project Revie~ Services or hi~ designee consistent wltn acceptable engineering ~ractices to insure pedestrian and vehicular safety. All provisions of the Collier County Sign Ordinance, as azended, shall apply. 3.6 ~.-,.D..=.,TS TO THIS ~mendments to this Ordinance and Master Plan will be pursuant to Section 7-27j of the Collier County Zcning Ordinance, as re'/is~, at t~e tize the azend~ent is re~;ested. ~RCJECT PL~3; APPROVAL REOUIR---.--Y~,;Tg Prior to the recording of the Record Plat, when required by the Subdivision Regulations Ordinance, final plans of the require~ .i=p_ro~?:ents s~all receive the approval, of all appropr&ate.collier county ~overr~ental agencies to insure cozPlianc&~.Qi~h'.~he PUD Mas.er'Plan, tke County Subdiv~.~-~ ELhib'it'",,A,, PUD 'Master' Plan~ constitutes the required Dve!opment Plan. Subsequent to or concurrent with approval, a Subdivision Master Plan shall be submitted for the ~ntir~ area co'vere~ by the Pb~ Master Plan. All division of property and the developnent of the land shall be in 9oupl~?pce with the Subdivision Regulations. The pr0visions'~f section' ~0.5 ~f the Zoning Ordinance shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.5 prior to the issuance of a building per-mit or other development order. 3.7 4.1 ?~pos~ SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to delineate and genera!l.:. describe the project plan of development, the respective land uses included in the project, as well as the project's development criteria. 4.2 Q-~:;ERAL Re=~ulations for development shall be in accordance with the sSandards set forth in this document. ~%ere specific development standards are not set forth, applicahie development standards of the Collier County Zoning Ordinance, in'-effect.- at the time of construction permitting for activities pe.'-~.itted by these regulations shall apply. 4.3 PEP~ITTED USES ~;D Tracts one (1) through five (5) are permitted to develop with the'full range of cor~ercial uses as listed below. Tracts six (6) and seven (7) are permitted office, motel and other non- retail type uses, and may include motels, offices, and distribution facilities in combination with :. sPpporting"o~fice space 'and othe~ uses similar in character. Uses and StructureM: No building or structure, or part thereof, shall be erected, altered or used, cr land or water used, in whole or in part, for o~her than the following: 1. Permitted Prlnci~al Uses and Stru~turg~: a. Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations with repairs (in accordance with the standards of Section 9.8 of the Zoning Ordinance); b. Bakery shops; bait a'nd tackle shops; banks and financial institutions; barber and beauty shops; bath .supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. 1997 c. Caruet and floor covering sales - ~hich may include storage and installation; clothing stores; cocktail lounges (in accordance with the standards of Section 8.11 of the Zoning Ordinance); cor.v, erc!al recreation uses - indoor; cor_r, ercial schools; confectionery and candy stores. d. Delicatessens; department stores; drug stores; dry cleaning shops; dry stores; and drapery shops. e. Electrical supp!y stores; rentals including la%~ mo~ers and sa~s. f. Fish market - retail ch!y; floris~ fraternal and social clubs (in accordance -; with the standards of Section 8.11 cf Zoning Ordinance); funeral hones; furni=ure stores; furrier shops. g. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gouger shops. "' . · : '.,', ' .. ~.' Hard-are stores; health food stores; j. JeTel~f stores. ..~ k. ·Laundries - self service only; leather .. goods; legitimate theaters; liquor stores; locksmiths. offices and clinics; millinery shops; motels and hotels; motion picture theaters; museums; music stores; minor automobile repair work. Ne~ car dealerships - outside display permitted; news stores; night clubs (in accordance ~ith the standards of Section 8.11 of the Zoning Ordinance). : n. office - general; office supply stores. JAN 2 ! gg7 o. Paint and wallpaper stores; pet shops; pet supply shops; phot:graphic equip:em% stores; pottery stores; prin~!ng; publishing and mime¢graph services private clubs (in aczcrdance with~..~-_ standards of Section ~.11); professional offices. p. Radio and television sales and services; radio station (offices and studios) and auxilia~! transmitters and receiving equipzent, but not principal transmission towers--research---and -"design--la~s, restaurants - including drive-in cr fast fccd restaurants; (in accordance ":'~..... standards of Section ~.ll of the Ordinance). g. Shoe · repair; shoe stores; centers; souvenir stores; sta=icne~:' stores; supern, arkets; sanatoriuzs. r. Tailor shops; taxidermists; tile sales- ceramic tile; tobacco shops; toy shops; tropical fish stores. s. Upholstery shops. . . . .. . ' t. Variety stores; "''::;": vehicle ' rental : - .~...~--~:: -.''. ...... ;.~'..'~.2.,~..'~,..'..~':.']/.'~..~::...'~ .....~.' automobiles only; veterinarian offices.,.~.~;.~.'-~'~l ............. ....~,..~ ~ ...... ,.~,,..,.... .... :.....~ ...... and clinics - not outside kennels ....... · ..... ... ........... . = ,. ~..~'; ,.. u. Watch and precision instr%Lnent repair ...... ,,~.'~ shops. · .. :: ~'.~ '.. : v. Any other commercial use or professional...,o~...,~" · ' services which is comparable in nature · . with the foregoing uses and which the Manager of Planning Services/Zoning ................... ~.~ ............ Director or his designee determines to ke .... comparable to and compatible with the foregoing uses... .~."~'"", .~" 2. ~CCC~$OrY UFes: a. Accessory uses and structures custo=ary in commercial areas including '~ recreational facilities, sewage treatment plant facilities and other essential ~ · · services as defined in the Collier County Zoning Ordinance. ... 'JAN i 1997 4.4 1. b. Warehousing and wholesaling use~ comparable uses when ancillary accessory to a permitted use. Residential U~es CTrac: 81: A. Use~ part land than and and and S~ructure~: No ~uilding or structure, er thereof, shall be erected, altered or use~, or or water used, in whole or in part, for other the following: 1.Permitted Pr~ncioal Uses and Structure:~: a,/ ,.ul,i-~amily housing. b. Adult c:ngregate living facilities. 2. ~,cce~scrv USe~:. Accessory uses for any structures customary in residential areas, such as swir~ming pool, project clubhouse, tennis courts. In conjunction with ACLF uses, may include cc--on eating/living, exercise rooms, etc. ~.'];~ D-=%r:=LOPLr~rf ST~;D~D~ · . ~a×i~um };uDber of ~ote! Uni~ - ~;enty-six (26) units per acre with a mini=u_~ floor area of:four hundred (400) .... '~' square feet andre =axizum floor area of five hundred and fifty (550) square feet for each motel unit. ~tbacks From Tract Boundary or Street Ri~ht-of-~a~ "- A.. .Front Yar4 - ~enty-five (25) feet B Rear Yard - ~enty-five (25) feet C. Side Ya~ ..- Fifteen (15) feet ":'~J D. Preserve Are~ - Fifteen (25) feet 3. ~a×i~u~ ~eich~ - Fifty (50) feet above flood elevation or mean sea level. 4. Parking - As required by the Collier County Zoning " Ordinance at the tine of final site development plan. 5. Distance Between structures OD the Sane Tra¢~ -'One-half of the sum of the building heights but shall be a minimum of fifteen (15) feet. l0 JAN 2 1 1997 6. .' t -v s s an uc~u-e~ - Accessory uses and structures typically associated with motel uses such as recreational facilities, maintenance facilities, and t.e_mp, or__ar~v .s__tora. g_e..area.~ for guests provided they are properly screened. 4.5 OTHER DEVELOPMENT STANDARDS 1. $iqna~e Re.~u irement s ........... ;r:~ .~ AT~=~- Th e .--pr oj eot .--. entry= s tgns.-sha 11.-. be .-. locat ed .--onre-a-ch. side of the entry. All buildlng signage shall he marque ty~e, mounted to the facade, and con$ister, t .'.!'.!. in lettering and coloring. '.. B. Signs located at all individual entries and -within the =edians shall be consistent in materials and .: color. All-l~.-dividual parcel identification or directional signage shall be lo'; intensity ground signs .... Sign .supports shall be constructed out of wood or masonry and should be des'i%ned as an .":.:.-~.-'~. integral part of the sign. C. Specifically prohibited ~ithin this development D. All signage ~h~ll b~ i5 accordance uith the standards set forth in the Collier County Sign · ordinance, unless otherwise azended herein. E. '~t~? Development Standards - ~%ere development standards are no= specifically provided for in this .............. "' " d-0~u~ent for such things as signage and landscaping 2o .t_he__typig~l standards in effect at the time pernits ...~.~, are requested of the Collier County Sign Ordinance .... and Collier County Zoning Ordinance shall apply. Landscape Standards '..'. · A. Canopy trees shall be planted every thirty linear ': feet. At the time of planting, they shall be ten .J'. · to t~elve (10-12) feet in height with a'five (5) ~.. foot spread. They shall be of a species that have .'.~ a minimum t~enty (20) foot diameter in ten (10) years or less. Additionally, forty (40) percent of 11 all canopy trees shall be slash pines. Three (3) slash pines shall be equal to one (1) canopy tree. The minimum size of slash pines at planting shall be six to ~even (6-7} feet in height with at least a four (4) foot spread. B. A minimum of seventy-five {75) percent of al! ney plantings shall be native vegetation, indigenous to the area. C. Landscape materials used on individual parcels shall be consistent with the street scape and median plantings. D. Vehicular use areas adjacent to right-of-ways and interior property lfne~ shall have the equi';alent of one canopy tree for e'ze~y fifty (50) linear feet or fraction thereof. E'. The '!hal - % -, - ~n~urpora~e native vegetation ~o the -ax:-un ex'em poss:~e Retained native vegetation shall be counted toward minimu~ landscape requirements, as long as it exceeds the minimum Collier County Zoning Ordinance require=ents. 3. Land~caDe Buffer ' · · .3.-.>..'~-.i.'~ . A..' A landscape buffer, contiguous to adjoining tracts, .....::'... · · each parcel abutting Innokalee Road, measured frcn .. "'the right-of-way line of the secondary east-~es= .... . access road. Canopy trees shall be planted within · .: ..... :~'.'-:-'.i~:.~... ~ the right-of-way and buffer to provide the · .. e.~uivalent of one canopy tree for every thirty (30) .~.. linear feet or fraction thereof. · .... .:-. B. Parcels abuttin~ the entrance boulevard shall "°'~: provide a minimum fifteen (15) foot side landsca=e ............ '. .... buffer, measured from the property line. CanoPy ' '~"~ buffer to provide for the equivalen~ ~ --- y and ~ ~ ~n~ Canopy ' tree for every thirty (30) linear feet or fraction thereof. C. There will be a ten (10) foot landscape buffer at the perimeter of the residential portion of this project, utilizing any existing vegetation that meets the intent of Section 8 37 of the Zoning Ordinance. ' D. The sewage treatment plant area shall have a buffer around the perimeter cf the plant that conforzs to the requirements of Section 8.37 of the Zcnfn~ Ordinance. Each parcel, as it is developed, shall design and install a buffer area that is contiguou~ to tke parcels on either side. The final result ~ha!! ke a continuous unified buffer. ,'JAN g ! 1997 SECTION V TRA3;SPORTATION IMPROVL~E:~TS The purpose of this sectlcn is to set forth the general transportation commitments for the project. 1. Access to Immokalee Road shall be via thee×.s..nq' ~ ~ frontage road. Upon the four laming of In~okalee Road the existing median opening may be closed. 2. The developer shall Drovide a fair share contribution toward the capital cost of a traffic signal, includ!n~ interconnection where appropriate, at any future major access that serves the project via an extended frontage road when deemed warranted by the County. The signal will be owned, operated and maintained by Collier County. 3. The developer shall provide arterial level street lighting at the project entrance. 4. The proposed water zanagenent outfall is northuard into the Cocohatchee Canal; the outfall structure within C.R. 846 right-of-way shall be designed and constructed so as to provide capacity to handle road runoff from the C.R. .......... 5.'" 'Un~ess already dedicated along C.R. 846 frontage, right- of-way dedication will be necessary to provide a road " corridor width of 150 feet, minimum. Additional right- of-way may also be required for turn lanes and shall be determined at the tine of the processing of the required site development plans. 6. ~he road impact fee shall be as set forth in Ordinance 85-55, as amended, and shall be paid at the time final SDP's are approved unless otherwise approved by the Board of County Commissioners. 7. Access i~provezents shall not ~e subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 8. All traffic control devices used shall conforn with the Manual on Uniform Traffic Control Dev~e~ as required by Chapter 316.0747 Florida Statutes. ; 14 ! ',lAN 1 997 o 6.1 SECTION VI b"IILITY A2;D ENGINEERING REQUIRLU. ENTS The purpose of this section is to set forth the utilities and engineering requirements which must be accor~v, odated k'! the project Developer.. Ut' ..%l~ties 1. Water distribution, sewage collection and transzissicn and interim ~ater and/or sewage treatment facilities to " serve the project are to be designed, constructed, conveyed, o%~ed and maintained in accordance with Collier County Ordinance No. 88-76, as azended, and other applicable County rules and regulations. 2. All custozers connecting to the water distribution and sewage collection facilities to be constructed will he customers of the County and will be billed by the County in accordance with the County's established rates ..... Should the County not be in a position to provide water ...~.~'. and/or sewer se~¢ice to the project, the water and/or ..'..~.i. sewer customers shall be customers of the interim utility established to serve the project until the County's off- ..:...'.;~7. site water and/or sewer facilities are available ~o serve ~e project...,'.i.~ ~... - .1.' It is anticipated that the County Utilities Division will .~. ultimately supply potable water to meet the consuzptive :~..~..~. demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development co~ences, the Developer, at his expense will install and operate interim ~ater supply and on-site treatment :' facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the DeveloDer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. 15 4. If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flo~ demand at a rate approved by the appropriate Fire Control servicing the project area. -- - 5. Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Statutes, that the Florida ~ublic . Service Cozmission has granted territorial rights to the Developer to provide sever and/or water service to the project until the County can provide these services · . through its water and sewer facilities. 6. The utility construction documents for the project's sewerage system shall be prepared to contain the des!ch " and construction of the on-site force main uhich ultizately connect the project to the future central sewerage facilities of the District in the I~nokalee Road rights-of-way. The force main must be extended f~cn - ~i~ on-site pump s'ation to ....... - ~he Z~ ~okalee Road and ca~e~ ..... Lr~gh~s o..ay lin~ ~u ~ne p'u~p station ~i~2~2__1~ ~ ~e interconnected permit for si=-le re57L~,~Prz~y located valves to ~ uzz~uuzon of t~e project,s sews e · when connection to the County,s cent~ ~ _: : ~ecomes available. ~. - ..... wet fa~zlztzes '':-:c:") i.' ,'i'.. ' '7 '. ~ ' · - .... ~ .... ""':. · The "on-site '.'".' ~ .... ~ ........ "~ ......... project must.water':distributIon system to serve tke De connected to the District,s 12 or 16 inch W~ter main on the south side of I~-.~okalee Road, extended '"'"':" :':"~'"' '/"-' ' eastward to the east boundary line o~ the project .. the County,s Water Master Plan. The coordination for the . ', location and sizing of the ~ain extensio processed~rough the County Utilit,- -=-. .n shall be design of = u~visl · ~nese facilities, t~, , ....... on. During .... .... ~u~ow~ng features shall be incorporated into the distribution system: a. Dead end mains be eliminated by loo~ing the internal pipeline network. b. Stubs for future system interconnection with adjacent properties shall be provided to the west, and the south property lines of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project. ! 16 JAN 2, 1 1997 ~n~ineering Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction pe.~its shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Revie'~ Services. 2. Design and construction of all imprcvements shall he subject to compliance with the appropriate provi~icns of the Collier County Subdivision 3. This project is reco--ended for approval for re:on!hq purposes only. A Subdivision Master Plan shall submitted and approved at a later date, where re~2ired. 4. Work within Collier County or Private rights-cf-va? shall zeet ~the .re,.~uirements of Collier Ccunty right-of-way Ordinance 82-91. 5. All requirezentsof the subdivision ordina,~ce zust ~e Since no variances ~ere requested, unless requested at the time of S.~2~ submittal. 6. An ingress/egress access between the project site and the adjacent properties on the east shall be dedicated to the public as a right-of-way. Access 'to tracts 2, .3 and 4 mu~t be provide~ as a dedicated right-of-way, said road shall provide a cul- de-sac at the end dedicated right-of-way adjacent to Tract 4, should project interconnection not result. 8. The parking {or located on the building south of the property shall provide a minimum internal radius of 25 feet and external radius of 50 feet in order to accommodate the safe maneuvering of emergency vehicles, should:'it be recommended by the North Naples Fire District 17. SECTION VII WATER M~AGF.MENT STA3~DA~3S 7.1 ?tmpos~ The purpose of this section is to set managezen% commitments for the project. 1. forth the water A copy of SF,~D Permit or Early Work Permit is requ~re~ prior to construction plan approval. 2. ~n Excavation Permit will be required for the propose~ lakes in accordance with Collier County Ordinance ~:c. 88- 26, as amended and SF,~D rules. 3. Due to the mixed land use within this project, a Master Drainage As~cciation, holding ultimate res~onsibi!itv the operaticn and maintenance of the uroiect's facilities, will be for~..ed. ' ..... 4. A Florida Department of Transportation and South Flcrida Water Management District permit approval to outfall intc the Cccohatchee Canal shall be submitted ~efore construction plans approval. 5. The South Florida Water Management District per,-it shall reflect the average width of the lake to be less than 100 ..... feet, provided the width still meets the minimum depth ..ij'.~ ~;~"~':' requirements.of Ordinance 88-26.'-.~': 6. Lakes near wetlands shall be relocated a minim~ 200 "'~:'~" .... ~' ~ '" ........ from the wetland in accordance with South Florida Water Management District rules. 7. Detailed water management plans and supporting calculations signed and sealed by a professional engineer shall be provided prior to preliminary Site Development Plan approval or S:.~P approval. 18. No. ~ 'JAN 11997 SECTZON VZZI E:~ZRO~ENTAL ST~DkRDS 1 PURPOSE The purpose of this section is to set forth the environmental cor.~itnents for the project. 1. Petitioner shall be subject to Collier Count'.' Comprehensive Plan - Conservation and Coastal Manage=em% Element Policies 6.4.6 and 6.4.7, Ordinance No. ~2..2 as __ amended by Ordinance. No...SPr49,..~nd Ordinance No. 75-2! as amended by Ordinance 270. 75-21 as ·amended by Ord~n~ce-"~-- No. 89-58. At least 25% ¢11.7 ~cres) of cont~0u~ ~atfve vecetat~¢n to ke retained on site shall ~nclud.. the follQ~iDq: A. 6.3 acres of ~etlands shall be preserved c.- upland compensation may ke considered for mitiga:ion of disturbed ~etlands. If upland compensation is approved, it shall be mitigated for at a 3:1 ratio -:-by.. providing .red-cockaded. ~oodpecker habitat preserve area that includes natural buffers around '. .... all starter holes and nesting cavity trees. These buffer radii ~hall be established by the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. · :': · B.... All re~aining acreage shall include ~cnt~cucus ... ":'. 3. Boundaries of.the County Jurisdictional ~etland/up!and preservation areas shall be flagged by the petitioner and field verified by Collier County Environmental staff prior to approval of a subdivision master plan for this property. .~.~ : 4. P~titioner must provide documentation of all jurisdictional ~etland delineations from U.S. Corps of '" ' ' "?"' Engineers, South Florida Water Management District, and .-..'~ Collier County, prior to approval of a subdivision master plan for this property. 5. At the time of platting, all preserves, uplands and ~etlands shall be recorded as tracts and be subject to protective covenants uhich require the areas to be maintained in their natural (unaltered) state. 6. Protected species surveys shall be required for all subsequent site development plans submitted to the County for approval if previous surveys are over t~o (2) year~ 19 old. Prior to approval of a subdivision master plan for ~ '- property, the applicant shall provide evidence that all alleged tree renoval and protected species violations have been resolved with Collier County Compliance Services, Florida Came and Freshwater Fish Co,.~mission and the U.S. Fish and Wildlife Service. The applicant shall he subject to all environnenta! ordinances in effect at the time of development order approvals. Pb~ approval does not relieve the applicant supplying necessary infcr~.,ation re~ired for approval cf development orders re~ired for this project (i wildlife surveys, etc.)'. ' ' 2O x 'T 'JAN £ 1 1997 EXECUTIV~ S~Y WATER AND SEWER FACILITIES ACCEPTANCE FOR WILSHIRE LAKES, PHASE TWO OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, to accept the newly-constructed water and sewer facilities to serve Wilshire Lakes, Phase Two and.authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The developer of Wilshire Lakes, Phase Two has constructed the water and sewer facilities within dedicated utility easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water and sewer facilities in accordance with County Ordinances 78-10 and 79-33. 3) The water and sewer facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) The on-site inspection of the sewer facilities and water facilities has been conducted by the County Engineering Inspection section with the finding that the water and sewer facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) Surety for utilities improvement acceptance. is covered 'under the subdivision FISCAL IMPACT: The water and sewer facilities were constructed without cost to the County Water-Sewer District. During the first year, the water and sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. Executive Summary Wilshire Lakes, Phase Two Page Two GROWTH PU~NAGEMENT IMPACT: The sewer facilities will be connected to the North County Regional Wastewater Treatment Plant and the water facilities to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present RECOMMENDATIONS: That the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Wilshire Lakes, Phase Two, with the following stipulations: The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished: 1) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems' into service, and; 2) Bacteriological testing has met the County's requirements, and; 3) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance ~) Receipt of payment for water usage from Utilities for bacteriological testing PREPARED BY: Shi'rley Nix, ~n~in6erinq Technician II REVIEWED B'f: Thomas E. Kuck, P.E. Engineering Review Services ~4anager Date Date ~o. ~-~_~ JAN 21 1997 Executive Summary Wilshire Lakes, Phase Two Page Three ng Service Department Director Vincent A. Cautero, Administrator COMIMTTNITY DEVELOPMENT AND ENVIRONMENTA SERVICES attachments Date Da te J/~N 2, I ~997 ROAD 0 B~IDGET 2 HOLLOw AC~£S 25 ;T S PHASE 36 VINEYARDS OTRUS 1 S'nLES PUD 3O VIN L"YARDS 6 NAPL~S-IMMOKAL~E R0A :C.R. 84~) _.~ (c.R. 29 UNIT g7 32 UNIT g6 ,EXISTING PHASE ONE VANDERBILT 33 ROAD VINEYAJ~)S .5 4 UNIT 95 J & C INDUSTRiaL PA~K INDUSTRIAL P;NE A/R VI ILLAGE LAJ<,ES ~2 7 UNIT ~NEYARDS 8 g UNIT 32 PINE RIDGE ROAD I/I/ _IMITV ~XECUTIVE SUMMARY RECOMMENDATION TO APPROVE A RESOLUTION SUPERSEDING RESOLUTION NO. 94-566 PROVIDING FOR TRAFFIC CONTROL MEASURES ON U.S. 41, MAINTENANCE OF MULTI-WAY STOPS ON VANDERBILT DRIVE, AND MAINTENANCE OF MULTI-WAY STOPS ON PLATTED LOCAL ROADS WITHIN NAPLES PARK. _OOBJECTIVF: To obtain Board approval of a Resolution superseding Resolution No. 94- 566 providing for median controls on U.S. 41, and maintaining multi-way stops on Vanderbilt Drive and on designated streets in Naples Park. _CONSIDERATIONS: On August 2, 1994, the Board approved Resolution No. 94-566 (copy atlached as-Exhibit 1), providing for median upcoming six-lane project providing for maintenance of openings on U.S. 41 during the ' multi-way stops in the Naples Park area, and continuing traffic monitoring. As a resurt of the final design of U.S. 41 Six-laning and the location/length of turn lanes for northbound left-turns from U.S. 41 onto 111"~ Avenue, and the southbound left-turn lane on U.S. 41 for the activity center on the east side of U.S. 41, the previously designated directional median opening on U.S. 41 for 108'*' Avenue is in conflict and requires closure (Reference Attachment 1 - Sketch). In order to maintain the number of median openings, it is proposed to provide a "swap" of the median openings pFeviously recommended at 106t*' and 108~' Avenues for median openings at 105"' and 107~h Avenues. To implement this change, Attachment 2 of Resolution No. 94- 566 needs to be revised. Accordingly, the attached Resofulion (Exhibit 2) with Attachment 1 has been prepared to reflect the above. In addition to the above "swap" of two median openings, notes are being included in Attachment 1 to indicate the ability to modify median openings at 91'~, 93''~ and 107~' Avenues as necessary for additional traffic control. The modifications include signalizalion, median closure, and/or construction of diverter/lane control. Alternatives to/he above include: (1) Maintain Resolution 94-566 without modificat on' or (2) Implement additional revisions to median control by Resolution. ' Concerning on-going traffic monitoring, there are projected traffic calming needs for implementation where property owners are impacted by adverse changes in traffic patterns as a result of either U.S. 41 Six-laning and/or other conditions. The forum to address these traffic calming plans is the Neighborhood Traffic Management Program (NTMP), and the report enhded, Traffic Management Plan for Naples Park, prepared by the Traffic Committee of the property Owners of Naples Park (PONP). The PONP Report is an example of NTMP efforts in /he community, and the Report provides information from which future traffic calming decisions by the Board of County Commissioners can be made. , '." : :' ? ~ L ...... " ' EXECUTIVE SUMMARY TRAFFIC CONTROL MEASURES ON U.S. 41 PAGE 2 FISCAL IMPACT: Not applicable; the recommendations in the Resolution relate to future work by the FDOT as part of the future construction of U.S. 41. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board approve the attached Resolution, authorize execution by the Chairman, and direct staff to transmit copies of the Resolution as so indicated. PREPARED BY: REVIEWED BY: G. F. Archibald, P.E. Transportation Director RaymOnd W. Miller, P.E. Acting Public Works Administrator DATE: DATE: ////3/¢ ~' GFNmk/010897/ES Trfc Control N Naples.doc EXHIBIT i RESOLUTION NO. 94- 566 RESOLUTIOn! PROVIDING FOR THE ESTABLISH- MENT AND IMPLEMENTATIO~ OF TRAFFIC CONTROL MEASURES FOR THE NAPLES PARK AREA BOTH WITHIN THE PLATTED LOCAL ROAD SYSTEM AND O~ SURROUNDING MAJOR ROADWAYS. WT~EREAS, Chapters 316 and 336, Florida Statutes, and Collier County Ordinance No. 91-25 provide authorizations for the Board of County Commissioners to undertake traffic control measures on roads under County Jurisdiction; and ~£EREAS, platted and constructed roadways within Park are under the Jurisdiction of the Board of County Commissioners; and ~g{EREAS, there are numerous traffic control measures which are under consideration for implementation within the platted roads of Naples Park; and ;.7{EREAS, appropriate traffic engineering studies and the application of sound traffic engineering technologies are prerequisites for implementation of traffic control measures; and ~.~{EREAS, the following traffic control studies have been performed for the Naples Park area: Traffic Count/Volume Studies; Vehicle Speed Studies; Intersection Geometric Studies; Traffic Accident Studies; License Plate Study (Origin-Destination); Studies of Existing Traffic Control Devices; Studies of Existing Traffic Patterns; Studies of Surrounding Road Improvements; Studies of Proposed Traffic Control Measures; and WHEREAS, the following traffic control measures have been reviewed for consideration of future implementation on platted roadways within Naples Park: Speed Reductions; Establishment of Multiway Stops; Thru-truck Restrictions; Sidewalk/Bikeway Improvements; Median Access Control on U.S. 41 as part of future six-laning; Use of Roadway diverters, channelization devices, barriers/directional prohibitions, cul-de-sac controls, etc.; and WHEREAS, an initial summary of Naples Park Traffic Analysis is provided as Attachment Number i and made a part this Resolution. Page 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COmITy CO~ISSIONERS OF COLLIER COUNTY, FLORIDA that: Based on the traffic control studies, traffic control measures and recommendation of County staff, authorization is hereby given to the Transportation Services Division to take the following measures: a. Advise the Florida Department of Transportation of recommended median controls in accordance with Attachment Number 2, attached hereto end incorporated as a part of this Resolution. b. Implement and/or maintain multiway stop controls on Vanderbllt Drive at intersections with 97th and 106th and controls on 91st, 93rd, 9?th, 101st, 105th and 108th Avenues at intersections with 6th, ?th and 8th Streets (Total of 20 intersections). c. Continue traffic monitoring within Uaples Park to determine future need for speed controls, truck restrictions and/or other traffic control measures. Based on traffic data, the traffic control measures may include those outlined above, the use of diverters, the use of multiway stops, and/or other appropriate measures as may be approved by the Board of County Commissioners. A copy of this Resolution shall be tendered to the Florida Department of Transportation for consideration in the final design of U.S. 41 six-laning. A copy of this Resolution shall be tendered to the Collier County Sheriff for information and enforcement as appropriate. This Resolution adopted after motion, second and majority vote. BOARD-OF CO~;TY COMMISSIONERS ATTEST: DWIG}~ BROCK, Clerk CO~iER CO~NTY~FLORiDA ~p~roved"as to form and C~a,~ legal sufficiency: · avid C. Wei~l /J -- Assistant Collier ~ounty Attorney Page 2 ATTACHMEDT 2 COLLIER COUNTY TRA~;SPORTATION SERVICES DIVISION NAPLES PARK AREA TRAFFIC CONTROL MEASURES SUB.TECT: Recommended median controls on U.S. 41 as part of roadway widening from four lanes to si~ lanes. LOCATION 91st Ave 92nd Ave 93rd Ave 94th Ave 95th Ave 96th Ave 97th Ave 98th Ave 99th Ave 100th Ave 101st Ave 102nd Ave 103rd Ave 104th Ave 105th Ave 106th Ave 107th Ave 108th Ave 109th-ll0th Ave NOTES: (2) TYPE OF TURNING MOVEMENTS ALLOi{EQ THROUGH 14EDIAI~ Directional NBL & SBL Closed I~/A Directional Closed 1;/A Directional I;BL & SBL Closed I;/A Directional ~BL Closed N/A Full (3) Closed ~;/A Directional I;BL Closed N/A Dierctional NBL & SBL Closed N/A Closed N/A Directional NBL Closed Directional DBL Closed N/A "NBL" refers to northbound left turning movement~ U-turning movements will also be allowed. "SBL" refers to southbound left turning movements; U-turning movements will also be allowed. Based on full median opening and directional diverter located on the east end of 99th Ave immediately west of U.S. 41 right-of-way, the following U.S. 41 movements would be allowed: l;orthbound U-turn, Southbound Left and Southbound U-turn. Due to the diverter, the following U.S. 41 movements would be prohibitive: ~orthbound Left, Westbound Thru, Eastbound Thru, and Eastbound Left. GFA/8294/7811 EXHIBIT 2 TO: FROM: DATE: MEMORANDUM '" .... -.-:'"" ~'::"" !~ ,~" O. F. Archibald, P.E. Transportation Director Shirley Jean McEachern Assistant County Attorney March 11, 1996 : .- - ': :. Review/Approval of Resolution for Traffic Control Measure for the Naples Park Area RLS #TRaN 960305-01 By copy of this memo I am returning your Resolution, with my signature, entitled "Resolution Superseding Resolution No. 94-566 Providing for the Establishment and Implementation of' Traffic Control Measures £or the Naples Park Area both within the Platted Local Road System and on Surrounding Major Roadways." As you know, I will be handling the contract review for transportation and other related items including resolutions such as that enclosed. It would be appreciated if you would advise when this particular Resolution shall be on the BCC agenda. IfI may be of further assistance, please feel flee to contact me. Thank you. SYM/mrb Enclosure cc: David C. Weigel, County Attorney E'sjm~mcm,~'~'aflqc consol · archibald ITEM NO.: FILE NO.: ROUTED TO: Date: To: From: DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES r (I .: '._._...2-- March 4, 1996 Office of the County Attorney Attention: '-~ ....... Assistant County Attorney G. F. Archibald, P.E. Transportation Director Re: Review/Approval of Resolution for Traffic Control Measures for the Naples Park Area BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be ~, ~oncise, and articulate). County is proposing traffic control measures for Naples Park in anticipation of U.S. 41 six-laning by the FDOT. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: (Be very specific. need in the way of legal services.) Identify exactly what you Review and approval of resolution w/attachment. OTHER COMMENTS: Please call X8494 if you have any questions and when item is ready to be picked-up. cc: File (al~ requests must be copied to your appropriate Division Head or Constitutional Officer). 6 7 8 9 10 11 12 13 14 15 17 18 19 29 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION NO. 97-.__ RESOLUTION SUPERSEDING RESOLUTION NO, 94-566 PROVIDING FOR THE ESTABLISHMENT AND IMPLEMENTATION OF TRAFFIC CONTROL MEASURES FOR THE NAPLES PARK AREA BOTH WITHIN THE PLATTED LOCAL ROAD SYSTEM AND ON SURROUNDING MAJOR ROADWAYS. WHEREAS, Chapters 316 and 336, Flodda Statutes. and Collier County Ordinance I'Jo, 91-25 provide authorizations for the Board of County Commissioners (BCC) to underlake traffic control measures on roads under County jurisdiction; and WHEREAS. platted and constructed roadways w;thin Naptes Park are under the jurisdiction of the BCC; and WHEREAS, there are numerous lrafhc conlrol measures which are under consideration for implementation wi:bin the platled roads of Naples Park; and '//HEP. E~.S, appropriate traffic engineering studies and the application of sound traffic e~g~neer~ng technologies are prerequisites for implementation of traffic control measures; and WHEREAS. the foIIowing traffic control studies have been performed for the i'.,'aples Park Area Traffic Count2VoIume Studies, Vehicle Speed Studies, Intersection Geometric Studies, Traffic ,~,cciCer',t Stud;es. License PIat Study (Origin-Destination), Studies of Existing Traffic Control Devices, S;ud~es of Ex~st~ng Traffic Patterns, Studies of Surrounding Road Improvements, Stud=es of Prc~osecl Trafhc Control Measures; and WHEREAS, the following traffic control measures have been reviewed for consideration of future implementation on platted roadways within Naples Park: Speed Reductions. Establishment of Multi-way Stops, Thru-truck Restrictions, Sidewalk/Bikeway Improvements, Median Access Control on U,S, 41 as Part of Future Six-laning. Use of Roadway Oiverters, Channelization Devices. BarrierslD~rectional Prchibitions, Cul-de-sac Controls, etc. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: Based on the traffic control studies, traffic control measures and recommendation of County staff, authorization is hereby given 1o the Transportation Semites Department to take the following measures: a. Advise the Flodda Department of Transl:x~rtat~on (FDOT) of recommended median controls in accordance with Attachment t,lo 1, attached hereto and incorporated as a part of this Resolution. b. Implement and/or maintain multi-way stop controls on Vande~ilt Drive at intersections with 97"' and 106r" and controls on 91". 93"~. 97'". 101". 15"' and 108'" Avenues at intersections with 6"`, 7"` and 8"' Streets (total of 20 intersections). Page1 II 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Continue traffic momtonng ve~th~n f,laples Park to determine future need for speed controls, truck restrictions and/or other traffic control measures. Based on traffic data, the trafhc control measures may include lhose outlined above, the use of diverlers, the use of multi-way stops, and/or other appropriate measures as may be approved by the BCC. d. The terms and provisions of this Resolution shall supersede the provisions of Resolution bio. 94-566. A copy of this Resolution shall be tendered to the FOOT for consideration in the final design ot US 41 six.laning A copy of this Resolution shall be tendered to the Collier County Sheriff for informalion and enforcement as appropriate. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUhlTY COMMISSIOHERS DWIGHT E. BROCK, Clerk COLLIER COUhlTY, FLORIDA Approved as lo form and legal sufficiency: Shirley JoVan McEachern Assistant Collier County Attorney BY: TIMOTHY L. HAHCOCK, Chairman GFA/mkJ01OggT/Re$ t~aples Pk Trfc Controls doc Page 2 COLLIER COUNTY TRArlSPORTATION SERVICES DEPARTH[NT PARK AREA TRAFFIC COrlTROL IIEASURES SUBJECT: Recommend median controls on U.S. 41 as part of roadway widening from Four lanes to six lanes. TYPE OF TURrlIlIG ).IOVEHEriTS LOCATIOtl HEDIAN OPENING ALLOWED IItROUGH H[0[A!( 91st Ave Directional [IBL & SBL 92nd Ave Closed II/A g3rd Ave Directional FIBL 94th Ave Closed II/A g5th Ave Directional NBL & SBL 96th Ave Closed N/A 97th Ave Directional t~BL 98th Ave Closed I~/A 99th Ave Full (3) ]00th Ave Closed Il/A ]Oist Ave Directional 102~D AVE Closed II/A ]03rd Ave Directional llgL & SBL ]04th Ave Closed IliA ]05th Ave Directional IiBL ]06th Ave Closed 107th Ave Directional r;BL ]08th Ave Closed II/A 109th-IiOth Ave Closed (1) ")(BL" refers to northbound left turning movement; U-turning movements will also be allowed. (2) "SBL" refers to southbound left turning movements; U-turning movements will also be allowed. (3) Bmsed on Full median opening and directional dtverter located on the east end of 99th Ave in, mediately west of U.S. 41 right-of-way, the Following U.S. 41 movements would be allowed: Ilorthbound U-turn, Southbound Left and Southbound U-turn. Due to the dtverter, the Following U.S. 41 movements would be prohibitive: r~orthbound Left, Westbound lhru, Eastbound Thru and Eastbound Left. ' (4) Hedian openings at gist Ave, 93rd Ave and I07th Ave shall be subject of modification following six-land improvements. The modification may include signalization at glst Ave, median closure at 93rd Ave and dtverter construction at 107th Ave so as to prohibit future northbound left turning movement. GFA/mk/030496/10094 Page 3 I$ ~XECUTIVE SUMMARY REPORT OF TRANSPORTATION DEPARTMENT DIRECTOR'S DENIAL OF REQUEST BY PELICAN BAY MARKET PLACE FOR REMOVAL OF MEDIAN CONTROLS ON VANDERBILT BEACH ROAD AND FOR THE IMMEDIATE INSTALLATION OF A TRAFFIC SIGNAL ON VANDERBILT BEACH ROAD. _OBJECTIVE: Provide the Board of County Commissioners with a Report of: (a) Considerations for existing median controls on Vanderbilt Beach Road; (b) Review of request by Pelican Bay Market Place for changes in median co'ntrol and for signal installation; and (c) Transportation Director's recommendations of denial of the above request subject to both reviews of steady-slate traffic conditions following completion of the four4aning of Vanderbilt Beach Road and additional traffic studies by both the County and the applicable developers. _CONSIDERATtONg: The following information is provided in summary of the above objective, and the numerous ~ttachments to this Report: 1. Vanderbilt Beach Road (VBR) Design-Traffic Circular;on: As part of lhe VBR Four-lane Design, various median control plans were developed over a period of years. The final plan, which was construcled, reflected the following analysis: a. Existing and future roadway traffic on VBR. b. Traffic Capacity in consideration of various traffic volume stud es, particularly the development of major public road intersections on VBR (e.g., VBR and Hammock Oak Drive). c. Traffic control facilities and emergency service facilities in the area (e.g., signal system at VBR/Hammock Oak Drive; signal system at U.S. 41/North Pelican Bay Boulevard' emergency service access for EMS and the Sheriff's Department). ' d. Traffic circulation for the shopping centers to ensure "safe right-turn access" in all directions for each of the existing shopping centers. e. Accident data and information provided by the Sheriff's Department and the FHP. f. Existing County Regulations to nclude the ULDC, the County's Access Management Plan and the County's Activity Center Access Management Plan. g. Public Input from the Norlh Naples area, The conclusion of the above analysis was the decision of the Transportation Director to design and construct median control to provide directional left-turn lanes in the median per Exhibit 1. Such a decision provided improved shopping center access in comparison to no median opening, but less shopping center access in comparison to a full median opening. Upon development of the final plans per Exhibit 1, the Pelican Bay Market Place, through its attorneys, Young, Van Assenderp & Vamadoe, P.A., submitted a letter with attachments dated September 25, 1996 (Exhibit 2) in appeal of the median controls, and submitted a letter with attached Traffic Signal Warrant Study dated November 18, 1996 (Exhibit 3). The basis of the appeal, per Exhibit 2, were the following issues: a. Median access being constructed is in violation of the following documents: (1) Pelican Bay DRI. (2) Pelican Bay PUD. (3) Activity Center Access Management Plan. (4) Collier County Planning Commission Resolution No. 93-29. b. The Transportation Department Director's responses to the above allegations of appeal are as follows: Pelican Bay DRI does not address median control in that such action remains subject to County, State and Federal regulations which, due to public safety and welfare considerations, cannot be, have not been, and should not be subjugated at this location without appropriate actions of both staff and the Board of County Commissioners. Of added concern is the fact that the DRI Exhibit K has not been updated by either the Developer or property owners to reflect current and future conditions of Pelican Bay. The Transportation Department staff, as a result of a request from the Pelican Bay Services Division, has requested the developer, WCI, to consider either an update of Exhibit K or an escrow of funds to ensure payment of future signal ~mprovements based on future needs. (2) The Pelican Bay PUD, particularly Exhibit J, is not and was never intended per knowledge of the Transportation Department staff to be more than a planning document subject to both site-specific conditions and appropriate County/State/Federal permitting applicable at the time of actual development. (3) The Activity Center Access Management Plan indicates full access under the two-lane condition on VBR; the Plan does not indicate any access under the "future" four-lane condition. Hence, the Access Management Plan needs to be updated, and such updating is being scheduled for 1997. The updated Plan will reflect the four-lane improvements and also give consideration to interconnections between shopping centers subject to analysis of site-specific conditions, corresponding changes in roadway safety, and the appropriate County/State/Federal requirements for design/construction/operation. (4} The Planning Commission Resolution does create rights of permit for access to County and State roads, subject to applicable permissive use permitting; the Resolution does not "speak to" nor does it address median controls for the yen/ reasons outlined in response Item (1) above. Co Traffic Signal Warrant Study submitted as Exhibit 3 and recommending traffic signal installation did not and cannot at this time, without an appropriate traffic modeling effort, show side street traffic information sufficient to determine if warrants are or could be met under a future change in the geometry of the VBR median. Additionally, the indication of warrants being fulfilled for volume, delay, accident and peak hour conditions were not consistent with the County's Policy for warrant analyses. Again, as indicated above, it is recommended that any warrant study include the modeling effod of both future traffic circulation with added traffic signalization on U.S. 41 and VBR; such a modeling effort, based on "steady state' roadway conditions will both provide an insight into operating conditions and benefit/impacts of a future signal to the area. The Transportation Department Director's recommendation of denial to both immediate changes in median control and the immediate installation of a future signal system are based on the above responses and the "police power" of the County to control median access for public safety (reduce accident potential) and public welfare (maintain capacity) while ensuring compliance with the applicable County codes, ordinances, resolutions and policies. Such above recommendations do not prohibit landowners from appealing such action to the Board of Counly Commissioners per Ordinance No. 93-64 or resubmitting in[ormation for future consideration by staff in permitting changes to the median condition per Exhibit 1. FISCAL IMPACT; Not applicable unless the Board determines that land use actions of the County include rights involving median access control. GROWTH MANAGEMENT IMPACT: Not applicable unless the Board determines that land use actions of the County include rights involving median access control. RECOMMENDATION: That the Board accept the recommendations of the Transpodation Department Director, direct staff to amend the Activity Center Access Management Plan to reflect the recent construction of Vanderbilt Beach Road, and direct staff to continue to work with the North Naples area to monitor traffic conditions and determine if appropriate changes can be made in the future to existing median access control. P R E PA R E D BY:/~.~~~~"~ -~ DATE: G. F. Archibald, P.E. Transportation Director Raymond W. Miller, P.E. Acting Public Works Administrator GFA/mk/0113g?/ES Pel Bay Mkt Place.doc Attachments ~ ' = EXHIBIT 1 --, ,~ o Page I of 1 ...,~ ~ ,-,.-' NAPLES VIA F3%ND DELIVERY September 25, 1996 EXHIBIT 2 Page I of 9 George Archibald, Director ...... Transportation Administration Transportation Services Building .,-:. Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 RE: Pelican Bay Market Place, Vanderbilt Beach Road Acc~_a~ Dear Mr. Archibald: -'7::__.. Our firm represents the North Bay Associates, Limited Partnership, owner of the Pelican Bay Market Place Shopping Center, located in the southwest quadrant of the Activity Center designated at the intersection of U.S. 41 and Vanderbilt Beach Road. Our client objects to the proposed median restrictions proposed for the easterly access point on Vanderbilt Beach Road that serves its property. Any restriction on turning movements exiting or entering this access ooint would be in violation of rights acquired under the Pelican Bay Development of Regional Impact Development Order and Planned Unit Development Ordinance, and would also violate the Access Management Plan for this Activity Center which is incorporated into the Collier County Land Development Code. In 1989 the Pelican Bay DRI Development Ord.ar and PUD Ordinance were amended to reallocate ccmmercial uses from the center of the project to the site where the Pelican Bay Market Place Shopping Center now sits. At that time, as set forth in the Development Order and Ordinance, Collier County and the developer of Pelican Bay made certain transportation commitments as reflected in the approval documents. PUD Exhibit "J" sets forth the internal roadway requirements (copy attached), and at the access point in question, this exhibit requires that full turning movements be provided and maintained at the access point's intersection with Vanderbilt Beach Road. PUD Exhibit "K" (copy attached) recognizes that a future traffic signal may be warranted at this access point. In 1993 pursuant to Section 12.03E of the PUD Ordinance, the Collier County Planning Commission amended PUD Exhibit "J" to authorize additional driveway connections to Vanderbilt Beach Road. A copy of Collier County Planning Commission Resolution No. 93-29 is attached and clearly reflects ~,.Lt· LETTER: SUBJECT: DATE: PAGE: EXHIBIT 2 Page 2 of 9 George Archibald Pelican Bay ~4arket Place, Vanderbilt Beach Road Access September 25, 1996 2 that the full directional traffic movements at the easterly most access point on Vanderbilt Beach Road were to be continued. Absent approval by the Collier County Planning Commission of the proposed restrictions on turning movements at the easterly most access point, Transportation Services is required to provide and maintain fully directional turning movements from this property onto Vanderbilt Beach Road and from Vanderbila Beach Road onto this property. Policy 4.4 of the Future Land Use Element of the Collier County Comprehensive Plan requires that access management plans for all activity centers must be developed and incorporated into the Land Development Code. This comprehensive plan policy sets forth guidelines and principles :ct these access management plans as follows: The nzmber of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b o Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access ;':anagement Policy (Resolution No. 92-442, adopted August 18, 1992). Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. do Lots, parcels, and subdivisions which are created shall be encouraged to dedicate cross-access easements, rights of way, and limited access easements, as necessary and appropriate in order to ensure that the above mentioned standards (a-c) are complied with. The Access Management Policy set forth in Resolution 92-442 states in Section 5.04c: "When an individual Activity Center Access Management Plan is complete and adopted by the Board of County Commissioners, it shall take precedence over this policy." The Activity Center Access Management Plans were adopted as an amendment to the Land Development Code and are incorporated into the Code through Section 2.6.38 as Appendix E. A copy of the Access Management Plan approved for the Activity Center at Vanderbilt Beach Road and U.S. 41 is attached. This Access Management Plan clearly reflects that the full access existing ingress and egress point on Vanderbilt Beach Road which serves the Pelican Bay Market Place is approved to be maintained as part of the Access Management Plan. There are two (2) more westerly existing full access ingress/egress points for the Pelican Bay PUD which are shown on the Access Management Plan and identified to be monitored for future LETTER: SUBJECT: DATE: PAGE: EXHIBIT 2 Page 3 0f 9 George Archibald Pelican Bay Market Place, Vanderbilt Beach Road Access S~p~_mo_r 25 1996 3 removal/modification, however, no similar legend appears on the Access Management Plan for the easterly most access point on Vanderbilt Beach Road. If you wish to modify the existing full access ingress and egress on Vanderbi!t Beach Road at the easterly most access point as depicted in the Access Management Plan, in addition to the requirements of the Pelican Bay PUD, it is necessary that the Land Development Code be formally amended to reflect the proposed change in the approved Access Management Plan for this Activity Center. Code Section 2.6.38.5.1.4 authorizes the Development Services Director to modify an existing ingress/egress point only if it is identified on the Access /4anacement Plan as being monitored for future modification. We appreciate your attention to this matter and would request that you maintain the existing full access ingress and egress at this easterly most access point on Vanderbilt Beach Road, unless and until Exhibit "j,' to the PUD is amended and the Land Development Code Access r4anacement Plan ,o_ :nls Activity Center is also amended. Under these circumstances my client is unable to provide authorization to Vladimir Ryziw of the Office of Capital Projects Management to enter upon its property to construct any improvements which conflict with the ~elican Bay Development Order and PUD Ordinance or the Land Development Code Activity Center Access Management Plan. Pie would also request that the current blockade of this access point be immediately removed. While construction of the roadway expansion is underway, it is not necessary to completely cut . o~ this access point. Sincerely, R. Bruce Anderson Enclosures as stated cc: Douglas Pitts, Jr., North Bay Associates, Limited w/enclosures Vladimir Ryziw, w/enclosures via Hand Delivery Donald W. Arnold, w/enclosures via Hand Delivery Development Services Director Planning Services Manager RBA/bd Partnership EXHIBIT 2 Page 4 of 9 O# INTERNAL ROADWAY REOUIREMENT$ EX 2 Pa~ e 5 of 9 !! Connect~.o~ TRAFFIC SIGNAL LOCATIONS EXHIBIT 2 Page 6 of 9 i i COLLIER COUI;TY PLA~[;ING COr~.MISSIO~ RESOLUTIO~ ~IO. 93-29 EXHIBIT 2 Page 7 of 9 PETITION AV-93-5 ADMI~I£TRATIVE VARIANCE FOR PELICAN BAY AMENDMENT TO EXHIBIT "J" OF THE PELICAN BAY PUD DOCU~£f~T (ORDI~;ANCE NO. 77.18 AS AMENDED) INTERf~AL ROADWAY REQUIREME~;TS PLA3~. W~qEREAS, the Section 12.02E of the Pelican Bay PUD Document empowers the Collier County Planning Commission to amend Exhibit "J" thereof, a map whic~ limits both internal public roads and private driveway interconnections with adjacent public highways, namely, US 41 ~orth (Tamiami Trail), Seagate Drive, and Vanderbilt Beach Road, and ~'~EREAS, the Collier County Planning Commission on September 2, 1993 reviewed the application of Westinghouse Communities of ~aples to allow additional driveway connections with Vanderbilt Beach Road. ~OW THEREFORE, BE IT RESOLVED BY THE COLLIER CO~TY PLA3;NI~G CO~{IS$ION of Collier County, Florida, that: Exhibit "J" of the Pelican Bay PUD Document (attached hereto as Exhibit "A") is hereby amended to provide for the following additional driveways: l) A driveway near the east property line of the Collier County Library site intended to provide access to both the library, future EMS and the hotel lying immediate- ly east of the library. 2) A driveway contiguous to the west property line of the Collier County Community Park, intended to serve both the Community Park and the parcel of land lying to the west of the Community Park site. 3) A driveway intended to serve the most easterly Ritz Carlton Hotel employee parking lot per Exhibit "A." -1- Planning Commissioner ~,~? ~-- l-yne offered the foregoing Resolution and noved for its adoption, seconded by Planning Commissioner R. Frederick Keyel and upon roll call the vote was: EXHIBIT 2 Page 8 of 9 AYES: 7 NAYS: 1 ABSENT AND NOT VOTING: 0 ABSTENTION: 0 Done this ~Dd day of _ SeDtembgr , 1993. COLLIER COUNTY PLANNING COMMISSION ATTEST: F~K W. BRUTT, AICP EXECUTIVE SECRETLY CO~ITY DEVELOPMENT ADMINIST~TOR APPROVED AS TO FOR/4 AI;D LEGAL SUFFICIENCY: ASSISTanT CO~TY ATTOrnEY AV-93-5 RESOLUTION db/10395 -2- EXttlBIT 2 ~age? of 9 O~ CLM INTERNAL ROADWAY REQUIREMENTS EXHIbiT 'J' - ~ IR[VlSI3' I&AY ¥OUA'O, V~N ASSE.%'DERP ~ %r.~R.%'ADOE, P.A. ATTOC~N£¥5 AT [.AW EXHIBIT 3 Page I of 9 NAPLES November 18, 1996 POS? Orr,cc Bo, m833 SuNTruST BUilDinG 80~ L~U~¢~ 0~ Drove, SU~¢ 300 POST Orr*cc BOx 7907 George F. Archibald, P.E. Transportation Director Collier County Government Complex 3301 East Tamiami Trail Naples, FL 33962 RE: Pelican Bay r4arket Place, Vanderbilt Beach Road Access, Traffic Signal Dear Mr. Archibald: This is to follow up on my letter of September 25, 1996 and our subsequent conversations concerning the above referenced matter. Please find enclosed a Traffic Signal Warrant Report prepared by Gerald L. Gronvold which finds that a sufficient number of traffic warrants have been satisfied to justify a traffic signal between the common access points of Pelican Bay Market Place and the Pavilion Shopping Center on Vanderbilt Beach Road. I wanted to provide this to you in connection with the report that you are preparing for the County Commission with regard to maintenance of the full median opening between these two shopping centers. Please let me know when you have a draft of your report ready so that I may have an opportunity to review and comment on it. Thank you for your attention to this matter. R. Bruce Anderson CC: Vladimir Ryziw, with enclosure, via hand delivery CC: Donald W. Arnold, with enclosure, via hand delivery RBA/pab 2°Temp\2002$ Enclosure CC: Douglas Pitts, Jr., North Bay Associates, Limited Pt~h .p~-_._?~.~?~e~q~-/.. EXHIBIT 3 Page 2 of 9 TRAFFIC SIGNAL WARRANT REPORT For The Intersection Of Vanderbilt Beach Road (C. R. 862) and The Market Place (North Bay Plaza) / Pavilion Shopping Centers Entrances November 7, 1996 L,Gronvol~, P.E.,P.S.M EXHIBIT $ Page 3 of 9 TRAFFIC SIGNAL WARRANT REPORT For The Intersection of Vanderbilt Beach Drive (C,R.862) and The Market Place / Pavilion Shopping Centers Entrances The intersection described above is located appro,~mately 600 feet west ofthe intersection of U. S. 41 and Vanderbilt Beach Drive. The Pavilion is on the north side and The Market Place also known as North Bay Plaza is on the south side in the northeast comer of Pelican Bay. This intersection was originally designed to be a full median opening intersection, during construction it was redsigned to eastbound and westbound directional left. turns at the direction of Collier County. The amended Pelican Bay PUD indicates that a traffic signal will be installed in the f~ture when the intersection meets the warrants for a traffic signal.The purpose ofthis report is to analyze traffic volumes and accident data to determine whether signalization is warranted for the existing conditions at this intersection. Existing Conditions Vanderbilt Beach Drive is presently under construction to widen it from 2 lanes to 4 lanes, it runs east - west through the study intersection. Before the construction this intersection had unrestricted tums. Traffic control was and will be by stop signs at the entrances. The posted speed was 45 mph. Due to the ongoing construction traffic counts at th.is intersection were not possible. Traffic counts on Vanderbilt Beach Drive by the Collier County Transportation Services were used. Station No. 524 is shown in the appendix. The proposed trips from the Market Place entrance was taken from a report prepared by Wilson, Miller, Barton & Peek. Figure I, of this report indicates a total of 240 cars would enter and exit on to Vanderbilt Beach Drive during the P.M. peak. Accident Record~ Accident records at Collier County do not indicate many accidents. In 1995 there was 0, from .~anuary. ,1995 to May, 1995 there was 3 right angle accidents. ~'O$) Ca,.) EXHIBIT 3 Page 4 of 9 Traffic Signal Warran! Analysiq Table I is a summary of the traffic volumes used and results ofeach warrant analysis. This analysis was based on the methodology presented in the Manual on Uniform Traffic Control Devices (MUTCD), 1988, as amended by the Federal Highway Administration. I.INTERSECTNG TRAFFIC VOLUMES The installation ora traffic signal may be necessary to control an intersection with large volumes of conflicting traffic The required traffic volumes must be present for at least 8 hours of an average weekday./he minimum volumes vary according to the number of lanes on the intersecting streets, the speed ofthe traffic on the main street, and the community size. Number of hours required traffic present = 13 WARRANT I IS SATISFIED 2.INTERUPTION OF CONTINUOUS TRAFFIC On major streets with high traffic volume, it may be necessary to use traffic signal control to provide an adequate number of gaps in traffic to allow vehicles to enter from the side street. The application of this warrant is identical to that of warrant 1, above. Number of hours required traffic present = 11 WARI~'kNT 2 IS SATISFIED 3. CROSSING PEDESTRIAN TRAFFIC This warrant is similar to warrant 2, but is intended to identify locations where additional gaps are needed to provide safe pedestrian crossings ora major street. A signal installed solely for this pedestrians should use a fully actuated controller and, ifin a signal system, be coordinated with that system. A signal installed only under this warrant shall include pedestrian signals, when installed at a mid block location, additional restrictions may apply (See section 4C-5) Number of hours required traffic present = 0 WARRANT 3 IS NOT APPLICABLE 4. SCHOOL CROSSING An established school crossing may require signal protection if an engineering study reveals that there is less than one gap per minute during the period of crossing usage. The restrictions on signals installed under this warrant are similar to those of warrant 3. 2 EXHIBIT 3 Page 5 of 9 WARRANT 4 IS NOT APPLICABLE 5. SIGNAL PROGRESSION A traffic signal may occasionally be used to maintain vehicle grouping in a coordinated system. Such a signal should not be within 1,000 feet ofadjacent signalized intersection in the system. WARRANT 5 IS NOT APPLICABLE 6. ACCIDENT PREVENTION Many traffic signals are installed on the premise &reducing accidents, however, it must be recognized that signals may actually increase some types &accidents. The result is often contrary to the intended goal. Four conditions must be met before a signal is installed solely to prevent accidents: (I) There must &been five or more accidents &types preventable by traffic signals in the last 12 months (2) At least one volume requirement &warrant 8 must be satisfied. (3) Traffic progression would not be seriously disrupted. (4) Less restrictive solutions have been tried and enforced with unsatisfactory results. A signal installed solely under this warrant should be traffic actuated. Total number of'accidents = 3 Number of preventable accidents: 3 Accident rate is per million vehicles Number ofwarrant 8 volume requirements met: 2 PARTS I AND 2 ARE NOT SATISFIED 7. TRAFFIC SIGNAL OPERATION Traffic signal control may be used to encourage concentration and organization of vehicles on major street networks. Such a signal may be installed at the intersection oftwo major routes as defined by section 4C-9 ofthe MUTCD, with a total volume orS00 vehicles during the typical peak weekday hour, or five (5) weekend hours. WARRANT 7 IS NOT APPLICABLE EXHIBIT Page 6 of 8. COMBINATION OF WARRANTS In exceptional cases, signal control may be justified where no single warrant is satisfied, but where at least two of warrants 1,2, or 3 are met when required volumes are reduced to 80% ofnormal. Adequate trial of other measurers which cause less delay and inconvenience must be tried and enforced first. NUMBER OF WARRANTS SATISFIED AT TIlE 80% LEVEL = 2 VOLUME REQUIREMENTS FOR WARRANT 8 ARE SATISFIED. 9. PEAK FLOUR VOLUME WARRANT This warrant was approved as an amendment to the MUTCD on December 3 !, 1984. This warrant is similar to warrant 1, except that the required traffic volumes must be present for at least four hours oran average day. The traffic volumes required are based on curves (Figures 4-7) shown in the MUTCD. WARRANT 9 IS SATISFIED 10. PEAK ttOUR DELAY This warrant was approved as an amendment to the MUTCD on December 3 I, 1984. This warrant is intended for application where traffic conditions cause undue delay to traffic entering or crossing the main street. The peak hour delay warrant is satisfied when the following conditions exist for one hour (any four consecutive 15-minute periods) of an average day: (1) The total delay by the traffic on a side street controlled by a stop sign equals four vehicle-hours for a one lane approach and five vehicle-hours for a two lane approach. (2) The volume on the side street equals or exceeds I00 VPH for one moving lane oftraffic and 150 VPH for two moving lanes. (3) The total traffic volume serviced during I hour equals or exceeds 800 VPH for an intersection with four (or more) approaches or 650 VPH for three approaches. WARRANT 10 - PART 1, 2, & 3 ARE SATISFIED EXHIBIT 3 Page ? of 9 11. PEAK HOUR VOLUME This warrant was approved as an amendment to the MUTCD on December 3 I, 1984. This warrant applies to traffic entering from the minor street which encounters undue delay crossing the main street. This x arrant is satisfied when the main street and side street traffic volumes satisfy the curves (Figure 4-5 and 4-6) shown in the MUTCD. WARRANT 11 IS SATISFIED. Recommendations Based on satisfaction of warrants 1, 2, 5, 9, 10, & 11 and projected increases in traffic volumes (Collier Counties Annual Report shows a 9.7% increase from 1994 to 1995), a traffic signai can be justified at this intersection. A map Exhibit K from the Pelican Bay PUD (amended) indicates that this intersection will have a traffic signal when warrants are met. When this traffic signa/is installed, coordination equipment should be installed in both this controller and the existing controller at U.S. 41. A cable should be installed between both intersections so this intersection could be operated with a minimum of conflicts and delays. A Highway Capacity Manual analysis indicates the signal will operate at a Level of Serive B with a cycle time of 65 seconds. The timing actually used would have to be coorinated with the U.S.41 signal. It is reccomended that this intersection remain a full median opening which v,'ould allow all turns and the installation of a traffic signal. EXHIBIT 3 Page 8 of 9 APPENDIX HCM: SIGNALIZED INTERSECTION SU~%MARY ;treets: (E-W) VANDERBILT BEACH DR. ,st: JERRY G. Area TylDe: Other EXHIBIT 3 Version 2.4a Pa~-9~-91996 (N-S) MARKET PLACE ENT File Name: 9614VBD.HC9 11-5-96 PK HR Comment: ALSO ENTRANCE TO PAVILLION SHOPPING CENTER Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes 1 2 1 1 2 I i I < I i I < 1 Volumes 90 430 70 82 438 70 90 20 130 90 20 130 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 RTOR Vols 7 7 13 13 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Phase Combination I 2 EB Left * Thin/ * Right * Peds WB Left * Thru Right Peds NB Right ~B Right 10.0A 15.0A Yellow/AR 5.0 5.0 Signal Operations 3 4 ] 5 6 NB Left * Thru * Right * Peds SB Left * Thru * Righ= * Peds EB Right WB Right Green 10.0A 10.0A Yellow/AR 5.0 5.0 7 8 Cycle Length: 65 secs Phase combination order: #1 ~2 ~5 #6 Intersection Performance Summary Lane Group: Adj Sat Mvmts Cap Flow L 327 1770 ~ 974 3725 R 414 1583 L 327 1770 T 974 3725 R 414 1583 L 327 1770 TR 307 1664 R 292 1583 L 327 1770 TR 307 1664 R 292 1583 EB Approach: Delay LOS 13.5 B WB 13.5 B v/c Ratio 0.291 0.489 0.162 0.263 0 497 0 162 0 291 0 238 0 243 0 291 0 238 0 243 Intersection Delay = g/c Ratio 0.185 0.262 0.262 0.185 0.262 0.262 0.185 0.185 0.185 0.185 0.185 0.185 Delay 14.9 13.4 12.0 14.8 13 5 12 0 14 9 14 7 14 7 14 9 14 7 14 7 LOS B B B B B B B B B B B B 14.8 B SB 14.8 B 13.9 sec/veh Intersection LOS = B Lost Time/Cycle, L = 12.0 sec Critical v/c(x) = 0.346 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR ADDITIONAL INCREASE IN THE AMOUNT OF $2,000 FOR THE "OAKES DRAINAGE DITCH PROJECT" - WORK ORDER #WA-8-5 WITH WILKISON & ASSOCIATES. OB,,IECTIVE: To obtain Board approval for additional increase to Purchase Order No. #602341 issued on 1/17/96 to Wilkison 8: Associates for sur~'eying & incidental engineering services under Work Order #WA-8-S for the Oakes Drainage Ditch Project. These services are necessaD' to complete the construction the Oakes Drainage Ditch Project. DESCRIPTION: This Work Order was issued under the terms of the Agreement for Professional Surveying Semices Renewed 6/25/95 (RFP#93-2040). This increase is for additional professional surveying and incidental engineering services for the Oakes Drainage Ditch Project that were not anticipated during the construction phase. FISCAL IMPACT: Increase project surveying cost by $2,000 from $I 1,000 to $13.000. Fund 001-172910-631410 GROWTH MANAGEMENT IMPACT: None .P, ECOMMENDATION: That the Board authorize an additional increase in Purchase Order No. 602341 to Wilkison & Associates, Inc. in the amount of $2.000. to cover unanticipated additional professional ser','ices in order to complete the Oakes Drainage Ditch Project. SUBMITTED BY: APPROVED BY: Doc: ES- 004 Stormwater Management Director Raymond W. Miller. P.E. Interim Public Works Administrator Date: 1/09/97 Date: !/09/97 EXECUTIVE SUMHAP, Y RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER A PROPOSAL FOR PUBLIC USE OF THE MARCO ISLAND YMCA AQUATIC FACILITY. Objective: That the Board of County Commissioners consider a Joint Use Agreement with the Marco YMCA. Consideration: The Marco Island YMCA submitted a proposal to the Collier County Parks and Recreation Department regarding the public use of Marco Island YMCA's pool. The agreement states that in turn for the YMCA allowing the public to utilize their pool facility, the County would pay $70,000 to the YMCA. The Parks and Recreation Department met with representatives of the 'Y' to discuss the proposal. The following are issues that were discussed: 1. The YMCA would provide the County open public swims with rates that are the same as other County operated aquatic facilities. The YMCA would allow the public to participate in 'Y' programs. These programs would include swim lessons, water aerobics, etc. The cost of the programs would be the same as other programs the County runs at County facilities. 3. The YMCA would keep available to the public lap swim lanes. 14. The County would be able to run special events at the facility on a regular basis. These special events will be scheduled in advance with the ~CA. The YMCA would supply lifeguards for the special events and any revenue from these events would be remitted to the County. 5. The YMCA would be responsible for lifeguards during open swims. The County contribution would expand the operation hours of the facility. These hours would be longer hours in the morning and afternoon to match the hours that the other County aquatic facilities are open. The hours of the County facilities during the winter are 11:00 am to 7:00 pm and the summer hours are 9:00 am to 8:00 pm. The YMCA does not have lights at their facility, so the facility would not be available for public use at night. Any revenue generated in regard to County activities at the facility would be returned to the County at 100%. No annual membership would be sold to the public at Collier County Aquatic Fee rates for the Marco YMCA facility. The County will be able to utilize the multipurpose indoor/gymnasium facility for special events; however, this use would depend on availability and working out a schedule with the YMCA. Executive Summary IMarco YMCA Proposal Page 2 Summer camps would be allowed to utilize the pool for field days during summer camp at no cost. Scheduled times for weekly or daily use would be agreed upon by the YMCA and Collier County. The Parks aud Recreation Advisory Board reviewed this proposal at their regular meeting on December 18, 1996 and recommended that this agreement not be approved. ~ Fiscal Impact: Funds in the amount of $70,000 were not anticipated and are not budgeted within the Parks and Recreation budget. Funds would have to be allocated from General Fund Reserves. Growth Management: None Recommendation: That the Board of County Con~issioners consider a proposal between the Marco Island YMCA and the County for the use of the YMCA pool facility on Marco Island. Prepared by .~/~(: /~ ~ / f ' ~'z Murdo Smith, Operations~nage~ - Department of Parks and Recreation Reviewed by: //~/~//~_'/-/z',PPC~ Ski~ Camp, Actin~ ~irector Department of Parks and Recreation Reviewed by: ~--~--~t/~~ Thomas %/: ~_~iiff,-~nistrator Division of Public~ervices 17898 Date. Date ///~/ E~C~IVE SUM~U~Y CONSIDER A~PROVAL OF AN AGREEMENT BETWEEN COLLIER COUNTY AND THE CHALLENGE FOUNDATION, INC. FOR THE FUNDING OF THE 1997 PGA GOLF TOURNAMENT WITH TOURIST DEVELOPMENT TAX FUNDS AND A~PROVAL OF AN AGREEMF. NT BETWEEN THE GREATER NAPLES CHAMBER OF COM~ERCE, INC. AND COLLIER COUNTY FOR FUNDING OF FULFILI/~ENT WITH TOURIST DEVELOPMENT TAX FUNDS. OBJECTIVE: To consider approval of'an Agreement between Collier County and The Challenge Foundation, Inc. for the funding of the 1997 golf tournament and approval of an agreement between the Greater Naples Chamber of Commerce, Inc. and Collier County for the funding of fulfillment. CONSIDERATION: On May 14, 1996, the Board of County Co~missicn- ers approved the funding of the 1997 golf tournament in the amount of $600,000. The grant application identified that $500,000 would be for television and tournament operations and $100,000 would be for fulfillment. Since the Board approval, the Greater Naples Cham~er of Commerce, Inc. has agreed to complete the fulfillment portion of the application including the production of two thirty second commercials and the tracking and response to telephone inquiries to an 800 number. The Challenge Foundation, Inc. will coordinate with ESPN and the PGA to air these commercials during the telecast of the 1997 Naples Marco Island LG Championship on February 7-9, 1997, which is the only time these commercials are scheduled to air. Since the Board approval, the Challenge Foundation, Inc. has obtained a significant sponsor of the 1997 tournament and future tournaments. The attached agreement between Collier County and The Challenge Foundation, Inc. varies from the County's standard form as follows: '- No annual financial statement or audit is required. In lieu of this language, the applicant is required to provide any additional documentation requested by the County to complete its final accounting of this grant. AGENDA ITEM The guidelines are waived. No._ ~'A~ / P~. Executive Summary 1997 PGA Golf Tournament Page 2 The section regarding the reimbursement of excess revenues is deleted because any excess revenues will be donated to charity. The attached agreement between Collier County and the Greater Naples Chamber of Commerce, Inc. is a reimbursement contract. GROWTH MANAGE/~ENT I~PACT: None. FISCAL IMPACT: Funds are available in Category C, Tourist Development Fund 193. RECOMM]~NDATION: Consider approval of the agreements and authorize the Chairman to sign the same. Heidi F. Ashton Assistant County Attorney Date Approved by: David C. Weigel County Attorney Date h:/ew/hf&/executive s,,..-~mrylchallenge foundation TOURISH GRAET PROGP, AH AGREEMEh'T FOR FULFILLMENT OF 1997 PGA GOLF TOUP3~AHEr~T THIS AGREEHE~;T is made and entered into this ~ day of _, 1997, by and between Haples Area Cha.v. ber of Com~merce, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE- and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUHTY." RECITALS WHEREAS, the COUI~Ty has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for activities and events intended to bring tourists to Collier Count~. for the period between May through Hovember each year, hereinafter referred to as '*target period"; and WHEREAS, the GRANTEE has agreed to provide the fulfillment of inquiries resulting from the six 30-second com.~, ercials produced by Grantee and aired by ESPN during the 1997 PGA ~ournament; and WHEREAS, COU~iTy desires to fund such activity. WITNESSETH: ~;OW, THERE?ORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The above recitals are true and correct and are incorporated herein. 2. SCOPE OF WOR~KK: As requested by COUNTY, the GRANTEE agrees to produce one 30-second commercial designed to promote the greater Naples area, Marco Island and the Everglades during the shoulder and summer seasons. It is understood that this conmmercial will air twice daily during the 1997 PGA Tournament, for a total of six airings. GRANTEE shall offer and make available to the COUNTY who shall offer such commercial to ESPN for the 1997 PGA Tournament. -- AGEND~ ITEM No. _~~ 2 997 P~. ~,~ After airing of such commercial, GPF~NTEE shall respond to inquires concerning the greater Naples area and r4arco Island in the following manner: The GRANTEE, on behalf of the greater Naples area, shall accept and respond to telephone inquiries to the number specified in the commercial and respond by answering questions on the area arid providing the 16 page destination brochure, when requested. As it relates to Marco Island and Everglades City and inquiries on same, the Marco Island and Everglades Convention and Visitors Bureau brochure will be mailed, as requested. Such services shall constitute "fulfillment" under this Agreement. All expenses incurred as defined herein as "fulfillment" will be considered eligible expenses. 3. PAY~.:EHT: The maximum amount to be paid under this A~reement shall be One Hundred Thousand Dollars ($100,000.00). The GRANTEE shall be paid for expenditures incurred for the event upon submittal of an invoice. Payment shall occur in accordance with the Prompt Payment Act. However, the COUNTY shall be under no obligation whatsoever to make payments for goods or services in excess of, or not included in the SCOPE OF WORK or to make payments using any source of funding other than the Tourist Development Tax, or to make payment to the GRANTEE or any vendor in advance of service or invoice. Any payment made by the GRANTEE which is later shown to be an unauthorized expenditure during the performance of the grant contract shall not be eligible for payment. Any expenditures which have been paid to the GP~NTEE which are subsequently determined by the COUNTY to be ineligible of the expenditure shall be repaid to the COUNTY within 30 days of written notice to GRANTEE of the ineligibility of the expenditure or the COUNTY at its option can withhold future payments to the GRANTEE or deduct the amount to be repaid by GP~NTEE from any remaining grant funds. Provided, however, the COU[ITY shall provide written notice to GRANTEE of such ineligibility within 60 days of receipt by the COUNTY ~ The audit required under Section 9. AG£ND~IIf~ 4. INSURANCE: GP~NTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Ccm.missioners and the Tourist Development Council as additionally insured. The certificate must be valid for the period of the promotion and the duration of the events, and be issued by a company licensed in the State of Florida, and provide General I, iability Insurance for no less than the following amounts: BODILY I~JJURY LIABILITY $300,000 each claim per person PROPERTY DA:4AGE LIABILITY $300,000 each claim per person PERSOI~AL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPE~;SATION AND EMPLOYER'S LIABILITY-Statutory I~l tlc event that the cost of GPJd~TEE's insurance increases as a result of this Section 4, then such increased cost of insurance shall be an eligible ezpense under this Agreement. 5. I:;DEMHIFICATIO~I: The GPANTEE, in consideration of DOLLARS, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend COUNTY and its agents and employees from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any nature and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subgrantee, or anyone directly or indirectly employed or authorized to perform work pursuant to this Agreement. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 6. NOTICES: All notices from the COUNTY to the GRANTEE shall be deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Mr. Steve Wheeler Naples Area Chamber of Commerce, Inc. 3620 Tamiami Trail North Naples, FL 34103 - 3 - Ali notices from the GRANTEE to the COUNTY shall be deemed duly served if mailed by registered or certified mail to the COUNTY to: County Manager Second Floor, Administration Building 330! East Tamiami Trail Naples, Florida 34112 The GP~NTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GPJ~NTEE or to constitute the GRANTEE as an agent of the COUNTY. 8. TERMINATION: The COUNTY or the GRANTEE may cancel this contract with or without cause on at least 30 days advance written notice of such termination and specifying the effective date thereof, if the COUNTY terminates this Agreement without cause, the County will pay the GRANTEE for all expenditures incurred up to the effective date of the termination so long as such expenses are eligible. If it is determined that there was not sufficient cause for the COUNTY to terminate this Agreement, the GPANTEE's remedies shall be limited to the payment of the contract amount earned by the GRANTEE on the date of termination. If the GP~NTEE terminates this Agreement without cause, GRANTEE shall pay to COUNTY all funds expended by COUNTY under this Agreement if the Agreement is terminated by GRANTEE prior to the activity. For purposes of this Agreement, cause shall mean failure of either party to perform its duties under the Agreement. 9. GENERAL ACCOUNTING: GBANTEE is required to maintain complete and accurate accounting and event records and keep grant funds in a separate checking account until earned. A complete audit is due to the County Manager within sixty (60) days of the termination of the contract. All revenue related to the event should be recorded, an~ ~ii expenditures must be incurred within the contract period. AG£ND..A lIEU 2 1 IS'37 Pg._ (-~ GRANTEE is required to submit annual financial statements on the ~xpenditur~ of the qrant. F~llure to ~uhmit acceptable financial statements will result in the cessation of payments on all grant contracts the GRANTEE may have with the COUNTY at the time, effective on the date the submissions become eve:due. Under such circumstances, no further payments will be made for the duration of contract periods and any payments already made shall be subject, at the sole discretion of the COU[]TY, to later return to the COUNTY if acceptable statements are not submitted as required, or if the payments are later shown to not be eligible. Provided, however, the COUNTY, shall notify GRANTEE in writing within 60 days after receipt of the required audit that acceptable financial statements have not been submitted. 10. TERM: This Agreement shall become effective upon execution by both parties and shall remai~ effective for one year. 11. REQUIRED HOTATIOH: All promotional literature and media advertising must prcminently list the Collier County Tourist Development Council as one of the sponsors. 12. tHELIGIBLE EXPEHDITURES: The following expenditures are ineligible and shall not be paid by grant funds: a. Annual operating expenditure not directly related to the activity or project. b. Salaries of full-time staff. Employment of personnel not directly related to the activity or project. c. Real property. d. Capital Improvements, including but not limited to new construction, renovation, restoration and installation or replacement of fixtures. e. Tangible personal property, including but not limited to office furnishings or equipment, permanent collections or individual pieces of art. - 5 - f. Interest, or reduction of deficits or loans. project funding period. g. Prize money, scholarships, awards, plaques, or certificates. h. Travel not associated directly with project. i. Projects which are restricted to private or exclusive participation except for invitational events which require a pregualification of participants through proven ability to generate hotel room nights during the Naples' area shoulder s~ason. j. Private entertainment, food or beverages except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area shoulder season. k. Making payments for goods or services purchased for previous or other events. 13. AMENCME!:TS: Any changes in the event such as project dates, key participants, and budget revisions must be submitted first to the Tourist Development Council and then to the Board of County Com~,issioners for consideration, approval and contract amendment by the Board, if applicable. 14. The Tourism Grant Program Guidelines, the Grant Application, and the Contract Administration Guidelines are incorporated herein by this reference, except where these guidelines are in conflict with this Agreement. IN WITN£SS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairm~ - 6 - WITHESS£S: ~aples Are~ Chamber o~ Commerce, Inc. ny: Approved as to form and legal sufficienc~ Heidi F. Ashton Assistant County Attorney P~yI~d ,',lane - 7 -- A(i--ZND~ IIE~ No. · ~.-,/ · ' "~ 2 1 Pg. OBJECTIVE: To appoint 1 member to fulfill the remainder ora vacant term, expiring on Febniary 28, 1998, on the City/County Beach Renourishment Maintenance Committee. CONSIDERATIONS: This 11 member committee was established by the City of Naples Resolution No. 91-6295, as amended, and Collier County Resolution No. 92-656 as a technical advisory committee to formally advise the Board of County Commissioners as well as the Naples City Council. This committee consists of 2 City Council members, 5 citizens (appointed by the County), 4 citizens (appointed by the City), and 2 non-voting technical advisors. Members must file a Form I Financial Statement each year with the City of Naples. A list of the current membership is included in the backup. Mr. August W. Rocco resigned on September 23, 1996. A press release was issued and resumes were received from the following 2 interested citizens: : ..APPLICANT Charles Hurtinger Ralph Schinella RECOMMENDATION: Ralph Schinella _DISTRICT_ .ELECTOR I yes 5 yes .FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE ..RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to fulfill the remainder of the vacant term, expiring on February 28, 1998 on the City/County Beach Renourishment Maintenance Committee, and direct the County attorney to prepare a resolution confu'ming the appointments. Prepared By: Sue Filson Date: January 21, 1997 ' .JAN 'lzj 1997 City/County Beach Renourishment Maintenance Committee Work Phone At~pt'd Exp. Date Term )Vame Home Phone DateRe-aPl;t 2ndErpDate 2nd Term Hubcn E. Howard 262-4639 03/14/95 3541 Gordon Drive 262-5207 Naples, FL 34102 District: 4 Category: Charles Metz 03/26/96 481 Bayside Avenue 591-8215 Naples. FL 34108 District: 2 Category: Richard E. Lydoa 0223/9.3 450 Trade Winds Avenue 597-27~ 3/14/95 Naples, FL 34108 District: 2 Category: Frank !. Btanchard 02~-3/93 380 Seaview Court, #609 39a-9587 3/14/95 Marco Island, FL 34145 District: 1 Category: .. August W. Rocco C¢5L~ 0223/93 1850 Tiller Terrace 435-3877 3/2_6/96 Naples, FL 34102 District: 4 Category: James H. Brerman 04~96 4951 Gulf Shore Blvd., N. 2614180 Naples, FL 34103 District: 4 Category: City of Naples Fred L. Sullivan 43a-a601 03/03/93 1600 Mm'ex Lane 2614352 2/1/95 Naples, FL 34102 District: 4 Category: Naples City CouacLl Bruce Anderson I 1/17/93 1670 Cray'ton Road c~3-28al 7-/1/95 Naples, FL 34102 District: 4 Category: City of Naples 02;28/98 3 Year~ 0228/99 3 Years 0228/95 2 Years 0228/98 3 Year~ ,:. 0228195 ~2 Years 02/28198 3 year~ 0228196 3 Years 0228198 3 Years 02.r28/95 2 Years 02/28/97 2 Years 0~/06/95 2 Year~ 02/28/97 2 Years Friday. June 28. 1996 P~te 1 JAN l Zl 1997 pg. 2--. City/County Beach Renourishment Maintenance Committee F/ork Phone Name Home Phone Bormie tL MacKenzie 2150 Gui£Shore Blvd., N., # Naples, FL 34102 District: 4 Category: Naples City Couacil Robin C. Thomes 5801 Felican Bay Blvd., Suite Naples. FL 34105 District: 4 Category: City of Naples Appt'd Exp. Date Term DateRe-appt 2ndE.~pDate 2nd Term 434-4601 03/01/96 03/01/98 2 Yeas 262-4957 5~4-~000 02/01195 02/28197 2 Yeas 261-8006 This 7 member committee was created by City On:Is. 61-6295 & g1-C>421 and County Resoulfion 92-655 as a technical advisory committee to formally advise the BCC and City. BCC appoints 5 members and the City appoints 2 members. There are also 2 technical, non-voting advisors. Terms are 3 years and members must file a Form I Financial S~atement eac~ year with the City of Naples. City Staff person; Dr. Jon S~aiger, 434-4655 (fax 434.-305g) ~ ~ N~),~.~-,lOal~es CiJr~, C/eH¢'-'tt3q .tt'7ot Staff.. Harry Huber, Technical Services Supervisor, OCPM: 774-8494 _- Friday, Junt 28. 1996 Page 2 of 2 JAN 1997 DATE: October28, 1996 TO: FROM: Vinell Hills, Elections Office /gP Sue Filson, Administrative Assistant//- Board of County Commissioners RE: Voter Regi.stration - Advisory. Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. '. CITY/COUNTY BEACH~ ~ IN ITRIT Charles Huninger 840 South Collier #1803 Marco Island, FL 34145 Ralph Schinella 3680 29u' Avenue, S.W. Naples, FL 34117 Thank you for your help. MEMQRANDUM DATE: TO: FROM: October 28, 1996 Harry. Huber, Project Manager III, OCPlVI~ j) Sue Filson, Administrative Assistan!7..d'."I Board of County Commissioners K..,/ City/County Beach Renourishment Advisory Committee As you know, we currently have Ivacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Charles Huttinger 840 South Collier #1803 Marco Island, FL 34145 Ralph Schinella 3680 29~ Avenue, S.W. Naples, FL 34117 Please let me 'know, in '.',Tiring, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize, the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 1667 ,JAN l Z~ 1997 JAN l Z~ 1997 Pg-- ? Ralph Schinllla A'~oue S.W. e I~, Ronda 34117 ~ USA Sue Filson, Adm. Asst. 3301 US 41 E Naples, FI. 33962 Dear Ms. Filson, Re: The City County/Beach Renoudshment Maintenance Committee Vacancy. I am interested in applying for the above mentioned vacancy, f am a Collier County resident and a registered voter. I am a semi-retired graduate construction engineer with a B.S. degree. I am a Korean War Veteran. WORK HISTORY... 1953-1958 - State of Illinois Highway Department. 1958-1963. Private contractor as a Field Superintendent on highway projects, Ohare Field & dredging projects. 1963-1966 - My own business. 1966-1991 - Worked for the largest dredging company in the Western Hemisphere, Great Lakes Dredge & Dock Co. I was a Field Engineer, Project Superintendent & Project Manager on various madne construction jobs; also was Quality Control Officer for the U.S. Corps of Engineers at some of the large stone quarries manufacturing stone for break walls and beach erosion I~ojects. Handled projects to do with beach erosion, harbor development, dock construction, break water construction and under water pipelines. Worked with dredges of all types. The last four years, my wife and I managed the Caribbean operation for Great Lakes from our San Juan office in Puerto Rico. Most of the i:m:)jects I have worked on were for the U.S. Corps of Engineers and Governmental Agencies. At the present time I am semi-retired and do part time consulting in regard lo different aspects of the madne and dredging industry. I also did some gratis consulting work for Dan Spina of Save the Bay. I can be reached by mail at 3680 29th Ave. SW, Naples, FI 34117 orby phone at 352-6747. October 17, 1996 JAN l Zi I997 September 23, 1996, John C. Norres, Chairman 3301 'ramia.mi Trail East NapJes, FL 34112' Dear .roM: During the lan few years I have very much enjoyed working the "Beach Renurishment Advirs6ry Committee." The committee members I have had the pleasure to serve with have all been interesting, professional and committed to providing the best for the Collier County residents. In recent months I have found it more and more'difficult to arrange m~, time and sc. he. dule Pc, he adequately prepa'ed for the rr~etings. Therefore, please accept my resignation effective upon receipt of this letter. I would hope that in the future I will be able to again serve the community in some capacity. Best regards, ' · August W. Rocco · AWR/ph CC: Richard Lydort, Chairman Dr. I0n Staiger, Natural Resource Mgr. Harry Huber, Collier County Capital Projects Mgr. I000 CROSSPOINTE DRI}'E', NAPLES. IVLORIDA 34110 TEL {941l 592.1000 · (800) 695-5263 · FAX {941) 592-0503 JAN 1997 · COLLIER COUNTY OFFICE OF CAPITAL PROJECT MANAGEMENT MEMORANDUM Date: To: ~rom: RE: !anuary 6, 1996 Susan Filson, Administrative Assistant Board of County Commissioners HaWoFd"E. Huber, Project Manager JAN 7 1997 (,~, t? ......... Beach Renourishment/Maintenance Committee I am in receipt of the resumes from applicants for the vacancy on the subject advisory committee. Such were forwarded to the advisory committee for their review and recommendation. At their regularly scheduled meeting on January 3, 1997, the Beach Renourishment/Maintenance Committee made the following recommendation for appointment to this vacancy: * Appoint Ralph Schinellato fillvacancy. Motion of recommendation passed 7-2. If you should have any questions or require additional information, please give me a call. HEH/lh/memoheh.043 CC: Beach Renourishment/Maintenance Committee AGENDA' .o. JAN 14 ,:,~. /~ EXECUTIVE SUMMARY RELATING TO PETITION CU-95-18 FOR A 2~ EXTENSION OF A CONDITIONAL USE OF PROPERTY DESCKI~ED AS NAPLES FIRST ALLIANCE CHURCH AT 2504 ESTEY AVENUE BEING A PORTION OF LOT 25 AND 26, NAPLES GROVE AND TRUCK CO'S LITTLE FARM NO. 2 ACCORDING TO PLAT IN PLAT BOOK l, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to extend the date by which a conditional use for church expansion and a day care center was to have been initiated. Said conditional use was first approved on January 23, 1996. The Collier County Land Development Code provides for a maximum of three (3) one year ex'tensions to conditional uses. CONSIDERATIONS: A Site Development Plan application has been filed (7/18/96) however, the petitioner's agent has not as of this date adequately responded to deficiencies or additional information required to receive final approval. The petitioner has engaged an architect. The petitioners agent applied for this extension on January 7, !997. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None 1997 PLANNING COld, MISSION RECOMMENDATION: That the Collier County Planning Commission recommend the granting of a one year ex-tension to Petition CU-95-18 as regulated by Resolution No. 96-28 pursuant to Section 2.7.4.$ of the Land Development Code. ,AREDIBY RONAL'D-NINO, AICP DATE CHIEF PLANNER REVIEWED BY: ~RE, AICP CURRENT. pLAnNING MAN,.~R DONALD W. ARNOLD,)FICP ~CENT A, CAUTERO, ADM~IST~TOR DATE DATE DA~I'E COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Cu-95-18 EX SUM~MARY/pd AG£ND~ ITEM JAN 2 1 1997 JACK CIILIILANO 941-403-058! A KI C t.4 I 1' E C T m GILLILAND ASSOCIATES I0~.O. IIIO)C IO:34'7 I"dAI~LIEIS, I~1., :33941-O~347 January 7, 1997 Mr. Ronald F. Nino, AICP Chief Planner, Collier County Government 2800 N. Horeshoe Drive Nap]es, FL 34]04 Re: CU-95-18, First Alliance Church Dear Mr. Nino: In accordance with our conversation yesterday, please find attached check in the amount of $200.00 to cover the cost of extending the Conditional Use for the above mentioned project. Your k~ F~¢k Oil rchitec ttention is appreciated. JAN 2 1 1997 966{ JAN~ RESOLUTION 97- RELATING TO PET'ITION NO. CU-95-18 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA i WHERF. AS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, cocrdinate and enforce zoning and such business regulations as are necessary for the protection of the public; and Wi4EP~F. AS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and ~ER~AS, on January 23, 1996, the Board of Zoning Appeals enacted Lution No. 96-28, which granted a conditional use pursuant to Ordinance No. 91-102, as amended expansion of an existing church and child care center , on the herein described property; and W}{EREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, TI{EREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The ~ritten request of Jack Gilliland, Architect of Gilliland Associates representing Naples First Alliance Church for the first of three (3) permitted one (1) year extensions, in interest' of following described property: The West 1/2 of West 1/2 of L~t 25 and 26 and West 40 feet of West 1/2 of East 1/2 of West 1/2 of Lot 25 and 26, Naples Groves and Truck Co's Little Farms No. 2 according to plat in Plat Book 1, Page 27, Public Records of Collier County, Florida, less the West 30 feet and the North 30 feet and the South 260 feet of the before mentioned property, and less the Southerly 23 feet of the above described parcel. -1- AGENDA LTE~ - JAN g 1 1997 Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-28, attached hereto end incorporated herein as Exhibit "A", and all conditions applicable thereto, is extended hereby for one year until January 23, 1998. BE IT FURTHER R~SOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. Co=~isstoner offered the foregoing Resolution and moved for i%s adoption, seconded by Commissioner , and upon roll call, =he vote was: AYES: NAYS: ABSENT A~D NOT VOTING: ABSTENTION: Done this day of ., 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HARCOCK, CHAIR/~ APPROVED AS TO FORM A~ LEGAL SUFFICIENCY: MA3t3ORIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-95-18 EXTENSION RESOL~fION/19116 -2- AG['N DA . JAN. RESQLL'TI ON 97- P. ELATING TO PET'ITION NO. CU-95-18 FOR EXTEnSiON OF CONDITIONAL USE OF pROPERTY HIiP. EINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA ~EREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and W~EREA$, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and OW~EREAS, on January 23, 1996, the Board of Zoning Appeals enacted ~esolution No. 96-28, which granted a conditional use pursuant to Ordinance No. 91-102, as a~ended expansion of an existing church and child care center , on the herein described property; and I~H£RF. AS, Subsection 2.7.4.5 or the Land DeYelopment Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The ~Titten request of Jack Gilliland, Architect of Gilliland AssOCiates representing Naples Firs= Alliance Church for the first of three (3) par'~itted one (1) year ~x~enelons, in interest of t.he icl%owing deecribed property= The Weet 2/2 of West 1/2 of ~ot 25 amd 2& amd West 40 feet of west 1/~ of T~et 1/2 of West 1/] of Lot 25 amd ~&, Maples Croves and Tr~c-X Co'e Little Farlm #o. 2 ec~Grdimg Plat l~ook 1, ?&ge 27, I~blic P~corda o! CollLer C~nty, Florida, less t~e Wes~ 30 feet amd r. he ~orv. h 30 feet amd ~.he S~h ~&O feet or ~he before ~en~lomed pro1>er~y, an~ Ieee the S<~herly 23 feet of the at~ve de~-r~bed p~rcel. ia hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-28, attached hereto and incorporated herein as Exh£bit "A", and all conditions applicable thereto, is extended hereby for one year until January 23, 1998. BE IT FURTHER RESOLVED r. hat thi, Resolution be recorded in :he =inures of this Board and in the records of the Petition for vhich the extension is granted. Connissioner offered the foregoing Resolution and moved for its adcpticn, seconded by Co~issfcner 0 amd upon roll call, the vote vas: AYES: NAYS: AB$~ ~D NOT VOTING: ABST:NTION: Do~e this day of , 1~97. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CL~RK BY: TIMOTHY L. KANCOCK, CKAIRM~%N APPROVED A~ TO FORM A~D L£GAL SUFFICIENCY: KARDORIZ M. ~TUDE~T CU-95-1~ ~SIOM RF..SOLUI'ION/1911& ,JAN 2 I 19~7 RESOLUTION 96-, 28 A RESOLUTION PROVIDING FOR TME £STABLISF3:.ENT OF CONDITIONAL U$£S "2" AND "4" FOR A CHURCH AND DAY CARE CENTER CONDITIONAL USE IN THE RSF ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 2, TO~SHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. W~EREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the Dower to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and ~EREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "2" and "4" of Section 2.2.4.3 in an RSF zone for a church, and related multi-purpose/fellowship hall, and day care cen~er on the property hereinafter described, and has found as a matter of fac= (E×hibtt "A") that satisfactory provision and arrangement have been made csncerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Developmen~L~ode for the Collier County Planning Co~nission; and W~EREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: A6£NDAJT£M, . ':JANI,,.. 2 1997 }..." The petition filed by Jack Gilliland, Architect of Gilliland Associates representing First Alliance Church with respect to the property hereinafter described as: The West 1/2 of West 1/2 of Lot 25 and 26 and West 40 feet of West 1/2 Of East 1/2 of West 1/2 Of Lot 25 and 26, Naples Groves and %'tuck Co's Little Farms No. 2 according to plat in Plat Book 1, Page 27, Public Records of Collier County, Florida, less the West 30 feet and the North 30 feet and the South 260 feet of the before mentioned property, and less the Southerly 23 feet of the above described parcel. be and the same is hereby approved for Conditional Use "2" and "3" of Section 2.2.4.3 of the RSF zoning district for a church and school in accordance with the Conceptual Raster Plan (Exhibit "C"} and subject to the following conditions: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, end improvements authorized by the conditional use. £xpansicn of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part cf this application, shall require the submittal cf a new conditional use application, and shall comply with applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Revie~ and approval, cf the Collier County Land Development Code (ordinance No. 91-102). b. This approval does ntt constitute an approval of the conceptual site develo~men: plan end shall not be interpreted to mean that the number of parking spaces is the number of parking spaces required for the land use activities generally displayed by the Conceptual Site Development Plan. The extent to which the land use ac%ivities herein requested, and their intensity of use may be achieved will be a function of complying with al! of the requirements of the Land Deve!opment Code. These requirements will be applied when application is made for Site Development Plan approval, ewcept %hat the day care center shall not be designed to accommodate in excess of fifty (50) children which sh=11 govern its maximum enrollment at any time without formal to this conditional use. c. Adequate turning radii for buses and de!ive~f vehicles shall be made at project entrances prior to the issuance of a building pernit for the first phase of construction. Said turning radii shall b~ designe~ and construction plans submitted in conjunction vit~ an application for Site Development plan appr=val. d. Arterial level street lighting shall ~e ins=alle~ each project entrance prior to receipt of a Certlflca=e of Occupancy for any of the phase~ e Parking lot light standards shall be i~=alled in such · · - n . fro= sai~ manner to prevent glare that v=uld e=a a'e - standards and that ~ould affect adJolnin~ res!den=tall? improvements are permitted. BE IT FURTHER R£SO~V£D that th~s Resolution be recorded in the minutes of this Board. Commissioner Bancock offered the foregoing Matthews and upon roll call, the vote ~as: NAYS: ABSENT AND NOT VOTING: Commiss~onar Constantine ABSTENTION: January 1996. Done this 23 day of , CU-95-18 RESOLUTION/15595 BO~-'%D OF ZONING APPEALS COLLI£R CO%~TY ,ELOR~DA ~Ot4~ C. t~RRI$, CHAIR.'".A-N -3- JAN 2, 1 1997 ,,. // FINDING OF FACT CO~LIL'RCOUNTY Pi-~%~ING COM~ISSION FOR A CONDITIONAL USE PETITION FOR CU-95-18 The following facts are found: 1. Section 2.2.4.3,2. 2.2.~.3.3 ~nd 2.2.4,3,4 of the Land Development Code authorized ~he conditional use. 2. Granting =he condi=icna! use ~'ill no~ adversely affect the public interest and %'!11 not adversely affect other property or use~ in the ~ane ~i~trict or neighborhood because ~: A. Consistency %'ith ~h~'Land Developmen~ Code and Grow:h Management ?lan:, B. Ingress ande~-ress %o proper~y and proposed strut%utes =herecn ='i=h ~ar=icular reference automotive and pe~estrian safety and convenience, traffic flo~ and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring pro~er%ie~ in relation noise, glare, economic cr odor effects: ~ No affect or -- Affect mitigated by Affec= cannot ~e D. Com~atibili=y with adjacent proper=les and othmr property in the district: Compatible us~ ~ithin district Yes ~ ~o -- with stipulations, (copy a~ached). (s~uld ~) be FINDING OF FACT M~iKBF. R/md Exhibit "A" P~. ~ ~: FINDING OF TACT BY COLLIER COUNTY pLANNING CO~IS$IOt~ £O~ A CONDITIONAL US£ PETITION ~U-95-!~ The following facts are found: 1. Section _~,2.4.~-.2. 2.2.4.9.9 a,~d 2.2.4.9,4. of the Land Development Code authorized the conditional u~e. 2. Granting the conditional u~e will not adversely affect the public intere~ and m'ill no% adversely affect other property or use~ in the sane di~=ric~ or neighborhood because of: A. Co-sis%e'cy w~%~ ~he Land Developmen= Code and ' Yes _~/~ No , L. Ingress and egress =o property and proposed structures thereon %'i:h par=icular reference =o automotive and pe~es:rian safe%y and convenience, traffic flo'w an~ con=rol, and access in case of fire or ca%aszrophe: Adequate in~ress & egre~s Yes ~ No C. Affects neighboring proper=les in re[etlon to noise, glare, e:on:r,!c cr odor effec=s: No affect or Affect mitigated by .-- D. Compatibility with adjacent properties and other proper~y in %he district: Compatible use wi%him distric= Based on the above findings, ~h~s conditional ~~ with ~tipula=ions, (copy a~hea~, (should n~)~e recommended for approval ~ ~::~. · /~/ /- -- FINDING OF FACT MEMBER/md JAN 2 1 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING CO..~.ISSIO!; FOR A CONDITIONAL USE PETITION FOR CU-~}-I~ The following facts are found: 1. Section 2.2.4.3.), 2.2.4.3,2 end ~.2.4.3.4 of the Land Development Code authorized the conditional use. 2. Granting the ccnditiona! use ~ill no% adversely affect the public interest and ~ill not adversely affect other property or uses in the sane district or ~ei~hborhocd because cf: A. Consistency ~ith the'Land Develcpnen% Code and Growth Ma..a~e...e~: No B. Ingress and egress to property and structures thereon ~ith ~articu!ar rafarenca to automotive and pedestrian safety and convenience, traffic flo~ and c:ntrol, and access in case of fire cr e~ ess C. Affects nei~kbcrin~ ~roperties in relation to noi~econcmic or oder effects: ~ ~o a:~t or Affect nitic!ted by ~Affec% cannot be mitigated D. Compatibility with adjacent properties and other property in the district: CompOse ~ithin district Based on the above findings, this conditional use~ ~ith stipulations, (copy attached) (should not) be recommended for approval ~;~ . FINDING OF FACT M~2~F.R/md 'JAN 1 1oj97 FINDING OF FACT BY COLLIER COUNTY PL32~ING COM~ISSIOI; FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section 2.2,4,),2, 2.2.~.3.3 and 2.2.4.3.4 of the Land Development Coda authoriza~ the conditional use. Granting the conditional use ~ill not adversely affect the public interest and ~ill no= adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with tka'Land Development Code and Growth Hanagement ~ian3 j Yes _ ~ ~;o __ B. Ingress and egress :o property and proposed structures thereon ~i:h particular reference to automotive and pedestrian safety and convenience, traffic flow and con:roi, and access in case of fire or catastrcpha: Adequate in?%ss~,~ egress Yes %~wNo Co Affects neighboring ~roperties in relation to noise, glare, economic cr cdor effects: ~;o affect or . Affect mitigated by ~ __Affect cannot be mitigated Compatibility with a~jacent properties and other property in the district: Compatibl%u~w~.'ithin district Yes 1~~ No Based on the above findings, this conditional use should, ~ith stipulations, (copy attached) (_L_~i' ~ be o recommended for approval DATE: ~ ~~_~ FINDING OF FACT MEmBER/md AG£ND,~ ITEM .lAN g 1 1997 FINDING OF FACT BY COLLIER COUNTY PL~.%~ING CO~MISSIO~: FOR A CONDITIONAL US£ PETITION FOR CU-95-1~ The following facts are found: 1. Section 2.2.4.3.2. 2.2.4.3,~ ~nd ],2.4.3.4 of the Land Development Code authorize~ the conditional use. 2. Granting the conditional use ~ill not adversely affect ~ the public interes: and ~i!l not adversely affect other property or uses in the sane district cr neighborhood - because of: A. Consistency ~i:h tha'Lan~,eve!cpnen~ Code and _ Growth Management Flare:/ Yes B. Ingress and egress t: ~rc~erty and proposed structures thereon ~i:h ~ar%icular reference to automotive and pedes=rian safety and convenience, traffic flo~ and c:n:ro!, and access in case of - fire or catastrophe: Adequate in~r~s~/& egress Yes /.,/ No C. Affects neighboring properties in relation noise//~lare, aeon:nit or odor effects: · F No affect or Affect mitiga%ed by Alfa:% cannot be mitigated ' D. Compatibility with adjacent properties and - other proper=y in the district: Compa~tbleJ~Yes ~ithinNo district Based on the above findings, this conditional use should, with stipulations, (copy attached) (~be ~ ; recommended~or approval . ~-~/~/-~/ .. FINDING OF FACT M~D'2~F-R/md AGENDA_ITEM JAN 2 1 19 7 FINDING OF FACT BY COLLIER COUNTY PL~2;NING COMMISSION FOR A CONDITIONA~ USE PETITION FOR The following facts are found: 1. Section 2.2.4.3.2. 2.9.z.3.~ ~Dd 2.~.4.~.4 of the Land Development Code authorized the conditional use. 2. Granting the condi%icna! use will not adversely affect the public interest and will not adversely affect other property or u~e~ in ~he ~ame district or neighborhood because of: A. Con~istency with ~h~'Land Development Code and Growth Mana~enen~ ~!an:/ Nc Yes B. IngreSs and egress %o property and ~roposed structures thereon "~-~._ automotive and pedestrian safety and convenience, traffic flow and c:n=r~l, and acces~ in case of firm or ca%astrcpha: Adequate ingress & egress C. Affects neighboring pro~er=ie~ in relation noise, glare, economic cr odor effects: ~ No affect or __ Affect mitiga%ed by Affe=% cannot be nitiga%ed D. Compatibility vith adjacent properties and other property in the district: Compatible u~e vithin district Yes~ Based on the above findings, this conditional use should,~ ~ith stipulations, (copy attached) reco=ended/ /.f°r approval __. -u . . / ~ / FINDING OF FACT M]D~BER/md JAN ~ 1 1997 I~INDING OF FACT BY COLLIER cOUNTY pLaNNING CO~24ISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Section .... z. .d .2.4 .4 of the Land Development Code authorized the conditional use. 2. Granting the condi%ional use ~ill not adversely affect the public interest and will not adversely affect other ~rcperty or uses in the same district or neighborhood ~ecause of: .. A. Consistency ~ith the'Lan~ Development Code and Growth Management Plan.:/ Yes ~ No -- B. Ingress and egress to property and ~ropcsed structures thereon wi=h particular reference to automotive and pedestrian safety and convenience, traffic flow and ccn%rol, and access in case of fire or ca%astropha: Adequate ingress/& egress Yes ~ No -- C. Affects neighboring properties in relation to no~e, glare, economic er cdcr effec:s: No affect or Affect mitigated by -- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in :he district: Compatible us9 ~i:hin district Yes __~___ No __ Based on the above findings, this conditional use should, with stipulations, (copy att~c~d) (should not) be recor~ended for approval ~' --_ ~-~ ~ / FINDING OF FACT M~-~BER/md J~ Z 1 ~997 EXECUTIVE S~Y WATER AND SEWER FACILITIES ACCEPTA/~CE FOR QUAIL W]~ST, PHASE ONE, BLOCK C OBJECTTVE: The Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, to accept the newly-constructed water and sewer facilities to serve Quail West, Phase One, Block C and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The developer of Quail West, Phase One, Block C has constructed the water and sewer facilities within dedicated utility easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water and sewer facilities in accordance with County Ordinances 78-10 and 79-33. 3) The water and sewer facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) The on-site inspection of the sewer facilities and water facilities has been conducted by the County Engineering Inspection section with the finding that the water and sewer facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) Surety for utilities Improvement acceptance. is covered under the Subdivision FISCAJ~ IMPACT: The water and sewer facilities were constructed without cost to the County Water-Sewer District. During the first year, the water and sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. JAN 2 1 1997 Executive Summary Quail West, Phase One, Block C Page Two GROWTH ~GEMENT I~fPACT: The sewer facilities will be connected to the North County Regional Wastewater Treatment Plant and the water facilities to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present RECOMmeNDATIONS: That the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Quail West, Phase One, Block C, with the following stipulations: The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished: 1) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service, and; Bacteriological testing has met the County's requirements, 2) and; 3) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance 4) Receipt of payment for water usage from Utilities for bacteriological testing PREPARED BY: Shirley Nix, ~ngineering Technician II REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date Date JAN £ 1 1997 PI. C~ Executive Summary Quail West, Phase One, Block A Page Three Donald W. Arnold, AICP Planning Service Depart. ment Director ~'~~' d~ 'Vir~cent ~. Cautero,~''~'~' Admini$ tra tot uI~%WUS'rTT~DEV~OPMENT-~ ENVI RONMENTA' SERVI CE~ attachments Date / Date JAN 2 1 1997 EXECUTIV~ SUP~4ARY WATER FACILITIES ACCEPTANCE FOR WINN DIXIE SHOPPING CENTER AT COUNTRYSIDE OBJECTIVe: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the newly-constructed water facilities to serve Winn Dixie Shopping Center at Countryside and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The Developer of Winn Dixie Shopping Center at Countryside, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) kn on-site inspection of the water facilities has been conducted by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cashier's check in the amount of $3,254.00 has been accepted as surety. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. During the first year, the water facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH PiANAGEM~NT IMPACT: This project has been connected to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. JAN B 1 1997 Pg. Executive Summary Winn Dixie Shopping Center at Countryside Page Two RECOb94ENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Winn Dixie Shopping Center at Countryside, with the following stipulations: 1) That the Board of County Commissioners accept as surety the receipt for the cashier's check in the amount of $3,254.00. 2) The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished. 3) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 4) Bacteriological testing has met the County's requirements. 5) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 6) Receipt of payment of water bacteriological testing usage from Utilities for PREPARED BY: Shirley Nix, Engineering Technician II Enginet~fing Review Services Date REVIEWED BY: Thomas E.cKuck, P.E. Engineeri .ng Review~esCanager Donald W. Arnold, AICP Plan/ling Services D~partment Director Vincent A. Cautero, Administrator COM2~I3NITY DEVELOPMENT AND ENVIRON~"~.ENTAL SERVICES Date Date Date J~N 2 1 1997 PROJECT LOCATION ~1~ ~ :R. ~.6). 0 B~Y , .. .-.,..,...,:,.;:._ · - .. Counzy ot' Collier BOARD OF COUNTY COMMisSIONERS BY: RECEIPT: PAYOR: REF: DEPUTY CLERK 1369920 GULFSIDE DEV WINN DIXIE SHOP 000021366 SN CNT _Q.F__FICI A L RECEIPT When Validated UALID Il: Y~~t~O DESCRI PTZO~. .................. -'."~=.= ~{.00 AMOUNT DUE : k~.00 325a.oo CE;T: DSC:I=~OJECT ~="IEW- · SERVICES TOTAL DUE: 3254 .00 TO OBTAIN 'I'ttE CHAIRMAN'S SIGNATURE ON A SUBORDINATION AGREEMENT. ~ To have the Board of County Commissioners authorize the Chairman to sign a subordination agreement to Ford Consumer Finance Company. ~ The Housing and Urban Improvement Department is currently rehabilitating a home in Golden Gate Estates utilizing SFI~ Funds through the ongoing Residential Rehabilitation Program. The contractor has recorded a Notice of Commencement as part of the permitting process related to the repairs on the home. Upon satisfactory completion of the repairs, the contractor will be paid and a second mortgage will be recorded against the property for the amount of the contractors payment. The owner is desirous of refinancing the existing first mortgage to take advantage of lower interest rates in the current financing market. The lending institution (who also holds the first mortgage) contacted ti'tis department regarding the Notice of Commencement and the County initiating a Subordination Agreement to ensure their first priority status. The County Attorney's office has reviewed the documentation and feels that it will not be detrimental to the County to process the Subordination Agreement. None R WTH MANA EMENT IN[PA T' None ~ The Director of the Housing and Urban Improvement Department recommends that the Board of'County Commissioners authorize the Chairman to sign the accompanying Subordination Agreement in favor of Ford Consumer Finance Company. JAH 2, 1 '1997 PREPARED BY:_~=..~d_ ~.L.~c~'xc Ron Cook, HUI Manager REVIEWED BY~ Housing and Urban Improvement DATE: COM. DEV. AD~: ~ DATE: Vincent A. Cautero, Community Dev. and Environmental Svcs. JAN 2 1 1997 SUBORDLNATION AGREEMENT KNOW ALL MEN BY THESE PRESENT, that as an inducement to Ford Consumer Finance Company to lend the sum of $ to the borrowers upon the security of a mortgage, to be recorded, in Book , Pace __, upon the following described premises of said borrower: Legal description: THE EAST 150 FEET OF TRACT 93, GOLDEN GATE ESTATES, UNIT 25, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 13 AND 14, OF TI-IE PUBLIC RECORDS OF COLLIER COLrNq'Y, FLORIDA. The undersigned hereby consent(s) and a~ee(s) vcith Ford Consumer Finance that said mortgage to be executed and delivered by borrower to it, shall be a first and best lien on said premises Insofar as to any claim the undersigned has by virtue ora Notice of Commencement recorded on 11-5-96 in Official Records Book 2247, Page 784, of the public records of Collier County and the undersigned hereby agree(s) to postpone and subordinate to said claim and waive in Ford Consumer Finance favor, the priority of any right, equitable lien, or interest the undersized has or may claim by virtue of the above mentioned 'OTI E F N~IEN E*fENq'. Attest: Dwight E. Brock, Clerk BOARD OF COUNTY CONLMZISSIONERS COLLIER COL~'TY, FLORIDA By: By: Chairman Date: Date: JAN 2 1 1997 PA. ~ EXECUTIVE SUMMARY RECOHMEND THE BOARD OF COUNTY COMMISSIONERS REJECT BID #96-2594, AND AUTHORIZE STAFF TO RE-BID THE CLAM BAY EXOTICS REMOVAL PROJECT. OBJECTIVE= That the Board of County Commissioners reject Bid $96-2594 and authorize the Natural Resources Department to seek additional bids for the Clam Bay Exotics Removal Project. CONSIDERATIONS: 1. Only one bid was received in the amount of $250,000 (See Attached Tab Sheet.) 2. Several potential bidders expressed concern over the need of the Performance Bond. The Bid is structured so the the Contractor is paid only after the County is satisfied with the work completed. This type of payment structure makes the Performance Bond unnecessary. GROWTH MANAGEMENT IMPACT: Not Applicable FISCAL IMPACT: A job of this nature should be accomplished for less than $100,000. Re-bidding the same job without the Performance Bond requirement will allow several small specialized Exotics Removal Companies to compete. Re-bidding this job could save the County $150,000. FY 96/97 Budget was approved for $80,000 and is available in 001-178980. JAN 2 1 1997 RECOM){ENDAT I ON = That the Board of County Commissioners reject Bid #96-2594 and authorize the Natural Resources Department to re-bid the Clam Bay Exotic Removal Project without the need of the Performance Bond. PREPARED BY:~j Kevin H. Dugan, Sr. Environmental Specialist Natural Resources Department REVIEWED BY: % DATE: /-9-97 ~J~liam D. L~nz, 'Jr., P.E., Director Nakural Resources Department Steve Carne~l, Director Purchasing Department ' APPROVED BY... - ' - Vincent A. Cautero, Administrator Community Development & Environmental Services DATE: cc: Kyle Lukasz, Project Manager, Pelican Bay Services JAN ,~ 1 1997 L _ ooo TABULATION FOR BID/$96-2594 'Clam Bay Exotic Removal" OPENING DATE: D~c. 30, 19~6 POSTTNG DATE: Dec. 9, 1996 IN'VITATIONS SENT TO: 107 Vmdors P~e i of I · e Bi~' l~opos~ ~d ~ if propoul Ls ~.ceptcd, to conu'a~ with the cou~v/to furnish work in fulL, in complc~ ~c;orcLu~ce wi~ the specification, ~,~.ordinl to the foBowing u.~ pric~: CLAM BAY EXOTIC REMOVAL AJ~a A~a "B" Area "F Area $ S S $ S S S TOTAL BID PRJCE "A" THROUGH s.,aS'(ooo, oo s Uo ,'cJ s Prompt Payment Terms: Addenda Acknowledged: ~ys % ~ys days Net days ~NO ~YES ... NO __% .days % days Net days Nc~ days __YES __NO Y'ES ~NO WITNESS: Bids" received from: Aquatic Weed Conu'ol, Inc.; B.J. ExcavaHng Enterprises; Sludge Mana&ement Co~.; Bes~ Ideas, Inc.; Davey Tree Company; Consul-Tech Engineer~ng, Inc.; R,ichazds Company; Forsbcr~ Com'a'uctioa, Inc.; Ryan Incorporated Eastern; APAC-Flor~da, [nc.; Kelly Tr~c~o~ Anne Marie DcVi[o, Inc. d/b/a/The Tree Sen4ce; Betzer Ro~ds, Inc.; Elite Service Bodies ~d Equipment; and Commercial l.~nd Ma[menance. ~.XECUTR/E SUMMARY TO OBTAIN APPROVAL TO REIMBURSE THE SEWER IMPACT FEE CHARGED TO 4485 LORRAINE AVENUE, OBJECTIVE: To obtain approval from the BCC, Ex-Officio the Governing Board of the Collier County Water-Sewer Dis~ict to reimburse the sewer impact fee charged to 4485 Lorraine Avenue. CONSIDERATIONS: On November 22, 1996 Mr. Tom Scholtz paid a sewer impact fee in the amount of $1,340 for a home being built at 4485 Lorraine Avenue. On 1/7/97 Mr. Scholtz pe~oned the Board for a reimbursement of the sewer impact fee. In accordance wfth Board direction, staff has reviewed the matter. Staff recogn{zes that the nature of previous development, platting of the subject area pdmadly into large residential tracts, and the present zoning and constraints of the comprehensive plan have limited the density and use of these areas in such a way as to make it imprac'dcal to serve most of the subject area in the foreseeable future via the Regional Sewer System or any other centralized sewer utility. Accordingly, staff recommends the fee be refunded, However, if the subject property is required to or requests connection to the regional sewer system or other~nse creates a growth necessil,3ted demand to expand the regional sewer system, it shall be subject to the imposi'don of impact fees. FISCAL IMPACT: The original payment of the sewer impact fee occurred in the current fiscal year. The refunding of me fee will be accomplished by reducing current impact fee revenue by the amount paid. $1,340. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the BCC, Ex-Officio the Governing Board of the Collier County Water-Sewer Disl~ct approve reimbursing the sewer impact fee charged to 4485 Lorraine Avenue. Edward N. Finn, Public Works Operations Director 'lSmothy L Clemons~ Waste~r~ter Director Approved By'~ Date//~.'/"; '2 Raymond M~,ler, P.E. Interim Public Works Administrator · Page I COLLIER COUNTY MANAGER'S OFFICE December 10, 1996 3301 E. TAMIAMI TR. NAPLES, Fl. 34112 (941) 774-8383 FAX (941) 774-4010 A CER~FIED BLUE CHIP COMMUNITY Tom Seholtz Scholtz & Scholtz 291 Cypress Way West Naples, Florida 33942 Re: Request for Public Petition - Waiver of Sewer Impact Fee Dear Mr. Scholtz: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of Janua~--y 7, 1996 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. Mowever, 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 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. ,.' Z- . . ! , ~Coun/t/f Manager W~D/Bp cc: County Attorney Community Development Services Division E~CHOLTZ & SCHOLTZ Bu,l~,n§ and Remo(~ehng General Contractors CGC 055850 D~cember 4, 1996 I~. W. 'Neil Dorfill, Counb' Manager Collier County Courthouse Complex 330l Tamiami Trail N Naples, Florida 34112 Dear Mr. Domll ! , i · ,,~ ,~., ;'. .. Th~s ~s a requesl to be placed on the Board's agenda in thc Public Petmon section at the earliesl possible date I will be requesting the Board ,.,.ai~.e the sewer im~c! for a home I am building, at 4485 Loname Avenue Lot 9. Block B. Coconut Creek. Unit 3 Ahhoueh the home I am buildm.e is technicall5 inside the Water-Se'~,,er D~stricl sen, ~ce are~. the Wastexvater Department Director has informed me that sev, er se~'~ce to this home is h~uhlx unl~kelv In fact. the Waste,,,.aler D~rector. T~m Clemmons. will be requesting the Board. m the near future, m a planned re,,ision to lhe sewer ~mpact fee ordinance, to formall5 idenlif.', sexeral se~'~ce areas within the D~strict boundaries lhal 'will probabl.x ne,.er receive sea, er sen,'ice and therefore should be exempted from pa.~ ment of the sex,,er impact fee Tom Scholu ! i 291 Crc;ess Way West · Naples FL 33942 · Phone (941) 597.7072 · Fax (941) 5c~7.49.~ County of Collier BOARD OF COUNTY COMMISSIONERS OFFICIAL RECEIPT V/hen Validated COLLIER COUNTy I3~PT OF REVENUE NOV 2 2 PAID EXECUTIVE SUMMARY PETITION AV 96-029 TO VACATE A 15-FOOT UTILITY EASEMENT LOCATED ON A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AS RECORDED IN OFFICIAL RECORD BOOK 1407, PAGES 634-635, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. QBJECTIVE: To approve the Petition AV 96-029 to vacate and extinguish a 15-foot utility easement, to clear a title cloud. CONSIDERATIONS: Petition AV 96-029 was received by the Transportation Department from William J. and Josephine M. Tremblay, owners, requesting a vacation and extinguishment of a 15- foot utility easement located on Lot 20, Block F of the Plat of Foxfire Unit 3 as recorded in Plat Book 13, Page 102, and as shown on the attached maps. The easement was created by a grant of easement recorded December 8, 1988 from Foxfire Community Association of Collier County, Inc. to the Collier County Water-sewer District. The petitioners discovered the easement after construction of their home and paid to relocate the sanitary sewer force main to be able to obtain a Certificate of Occupancy. The petitioners desire to clear the title cloud caused by their home being over the now unneeded easement. Letters of No Objection have been received from Collier County Public Works and all pertinent utility companies. The Transportation Services Department has reviewed the petition and has no objection. Zoning is PUD. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Quitclaim Deed for Petition AV 96-029 to vacate the above-described utility easement, authorize the execution of the Quitclaim Deed for the vacation and extinguishment of same by its Chairman, and direct the Clerk to record Quitclaim Deed in the Public Records. Russell D: Muller, Engineer I G. F. Archibald, P.E., Transportation Director Raymond W. Miller, P.E., Acting Public Works Administrator RDM/GFA/mkJ101095/ES AV 96-029 doc Attachment(s) QUITCLAIM DEED This QUITCLAIM DEED made this day of ~, 19 ~, by Collier County Water-Sewer District, a body corporate and politic with the Board of County Commissioners of Collier County, Florida as the Ex-Officio Governing Board, GRANTOR, and William J. Tremblay and Josephine M. Tremblay, whose post office address is 765 Kings Way, N;.~ples, Florida 34104, their successors and assigns, GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of Petition AV 96-029 and the sum of Ten Dollars ($10.00) and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remises, releases, and quitclaims unto GRANTEE forever, all right, title, interest, claim, and demand which the said GRANTOR has in that certain portion of a utility easement interest in, of, and about the following described lands being located in Collier County, Florida, to wit: The Utility Easement as recorded in Official Record Book 1407, Pages 634 and 635, inclusive, and further described See Attached Exhibit "A" which is incorporated by reference herein. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name by the BOARD OF COUNTY COMMISSIONERS acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Chairman R DM/~rr¥'l 1129~,'Trernbiay Oui~ clo¢ 18~3) 774-f:,4G0 ____, OR: 2143 ?Go 1125 Agent:. Address: Telephone:_ City/State:~~_ :~ Location of Subject Property: Looat :Zs ion_ ___. Township __S2Z/ Range Legal Desc~iption: , c _ Official Record Book ~ Page(~) ~ Reason for Reguest:~~ r - ~ Current Zoning: ' ' = Does this affec= density? ~ I Hereby Authorize Agent Above to Represent ~{e for this Petition: Yes No ~/ Sig~_Peti~icne[ (~Fher) Date (Title) Please see "Policy and Procedure of Vacation an8 Annulment" for the list of supportive materials ~hich must accompany this petition, and deliver or mail to: Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (94~) 774-8494 *(1) If applicant is a land trust, indicate the name of beneficiaries. (~) If applican~ is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limfte~ partnership or other business entity, indicate the name of principals. (4) List all other owners. Page 4 of 4 ¢2) ~:~ ~ ~' 2 0 LE~L DESCRIP710~ ' LO~ ~ ~OC~ t. tOxrl~g g~'lr 3 ~;,,,crr ~,.,' Or ~OC~ r UNIr ~ ¸58 C£RTlFiC A'HON P *SC ~[r[~ TO RE~aSr SiDE rO~ CE~E~L ~GTCS k ~B~q[~T~O~S FINSTaD. surveyor ~n transit, on to ,,,.~,,~~s_~,, [ I '~ .- F.LA. SURVEYS CORP. LB 6569 ,=~=o ~m,,~ et,o ~ 1 ~i 7 DATE: TO: FROM: SUBJECT: August 15, 1996 Russ Muller, Transportation C~nd~'M.~ Public ~orks Senior Engineering Technician Vacation of CUE in Foxfire; The Collier County Water-Sewer District has a Collier County Utility Easement (CUE) that needs to be vacated. This CUE is described as being located in Lot 20, Block "F", Unit 3, Foxfire subdivision. The original purpose of the CUE was to accommodate a sewer force main. However, due to the construction of a home on Lot 20, the wastewater department had to relocate and abandon the sewer force main. As per our previous conversations regarding the procedure of vacating a Collier County Utility Easement (CUE), please find the following items attached: 1. Copy of the Petition (Attachment C). 2. Copy of recorded CUE (OR Book 1407, Page 634-5). 3. copy of Letter of "No objection" from FPL. 4. Copy of Letter of "No Objection" from Sprint/United Telephone. 5. Copy of Letter of "No objection" from Continental Cablevision. Please advise if additional information is required. If additional information is not required, please advise so we can get Tom Conrecode's signature on the original petition prior to going to the BCC. Thanks for your assistance. I can be reached at 732-2571. cc: Edward N. Finn, Public Works Operations Director Tim Clemons, Wastewater Director P. 0. Bo, 41)01't. Naples. FL C.:... '~:'. ...... August 6, 1996 Cindy M. Erb Public Works Senior Engineering Technician 3301 East Tamiami Trail Naples, Florida 34112 Re: Request to Vacate the Collier County Utility Easement in Foxf'u'e, Unit 3, Block F, Lot 20. Dear Ms. Erb: F'PL has reviewed your request for a letter of "No Objection" for the vacation of the Collier Cour. ty Utility Easement, as described in your correspondence dated July 24, 1996. The approval for the vacation has been granted. Please be cognizant that any future development activity will not conflict with, alter, damage or reduce safety clearances to any existing electric facilities. Should you have any questions or concerns regarding this matter, please contact me at ( 941 ) 434-1281. Sincer~_ly, S.W. Tynski Distribution Designer Naples Operatiorg / FPL Sprint United Telephone. Florida 2477 Naple.t rqot~la ~ 3t~lO6-2h77 August 7, 1996 Ils Cindy M. Erg Collier County Government/Public Works Division 3301 E. Tamiami Trail Naples, Florida 34112 Re: Petition to Vacate - Utility Easement Southerly 15' Lot 20 Block F Foxfire Unit 3 Section 6 Township 50S Range 26E County Collier Dear Ms Erb: Sprint/United Telephone-Florida has no objection to your petition to vacate the easement described above. If we can be of any further assistance, please contact me at (941) 263-6223. Sincerely, Associate Engineer MWC/ns cc: Easement File Continental Cablevision' P,O. Box 413018 · 301 T~er Rood Naples, FL 33941.3018 Phone: {941} 793-9600 · Fax (941) 793-1317 July 30, 1996 Cindy M. Erb Collier County Government Public Works Division 3301 E.Tamiami Trail Naples, FL 34112 RE: Proposed vacation of a 15 foot Public Utility easement located along the southerly 15 feet of Lot 20, Block F, Foxfire Unit 3 Section 6, Township 50 South, Range 26 East, Collier County, Florida Dear Ms. Erb: Continental Cablevision of Southwest Florida has no objection with the vacation of the above referenced utility easement. Sincerely, Director of Engineering and Construction NMM/jdr Granu~ S.S. No.: 031-26-11515 Oran~e S.S. No,: 017-32.f~0~[ CORPORATE WAJ~.ANTY DEF. D made t~ ~1_ d~ of ~, 1~5. by Foff~ ~ of ~ ~, ~., ~ ~ o~ ~ h I~ Ft~i Way, N~Io. ~ ~ ~ *~r'). m ~ ]. ~ ~ ]~ M. ~e, ~e ~ ~ ~ h 765 ~ W~, N~, ~ 33~2, ~r 'O~'): Wl'TNE.~ETH: Th~ ee Ch'~tor, for and in comider~oa of ~,e ama of Tm Doll~ts a~d o',ho' vahal:~e comkio~om, rec~x wb=eof h hcrd~ at. lm~la/i~t, hereby ~ams, ba4,a/ns, aelh, ~liens. Lot 20, Block F, Foxt~, Un~.Th.~ a subd~s~n acc~dt~ mplat in Pht Book Pt~ 10l. of the Public ~ of Collier County, Flofl~a. THIS IS NON-HOME.~'TEAD PROPERTY This ~ is subject to ri:al es~e taxes for d~ currcn~ ~r~ ~ years; wn/ng ~d ur~ tuiziaiom imposed by ~-trnmmval smhorlty; r~strictions azd eascm=~ ccm"~mon to ~b~ subdivision; ouuta~ oil, ~ and mln,-rd ~ of rt~ord, if any. TOGETHER, wit. b ,,q the ~, bem:~mncnn and mppuncnm=ces tbcr~o btlongi.~ or ~ TO HAVE AND TO HOLD, t~ stme in fee simple forever. AND the Crrz~or hereby covemn~ wi~ said Crraa~ th~ t, be Oramor is lawfully seized of taJd had in fee simple; th~ the Graraor has Iood fight ~ Lawt'uI authori~ to ach and convey r,~id hnd, aad ba~n7 .,.,,--,- thc t~le m raid I~d ~xi will defeod the same qainst the hwful claims of dl pcr~om ~ by, through or under the said Ort~or. IN W1TNF, SS WHEREOF. ~he raid Gr-auor h~ executed these pr~cnts on the day ~xi year first above Sign~, smlod and delivered ~n ~ prcscnc~: Wiu'~ss N~a-~: /~.-,-, t'~c 'win~ Name: ,././-,,/~.~-' FOXFIRE COMMUNITY ASSOCIATION OF COLL/H~R COUNTY. INC. / o / (SEAL) ' ~'~' · .:,.: ,.,,,.:~;.;., ~, ,..':::..,-~..,~...-', ..... .... · ',;'"-,',-r....'-',.':~.:.~,.'~:'..'-'.~.?, ::'..'-'" '-'.-~,-",..'.,". '" ~ '~" /'~ o'.,~..~.-? i~.~'.~: ..'.,,-.-.,. ,..'. . .~... , ~r . ... ': ..', :" ..~._ :,:..t~¥.',?' ;~' '.. :- .'..., , . . ,., '~ . '., . .~s,..""~;.f, -.-,,.., . ~..;,~ -~ . o, ~.. ~.?;;~.;:-.~:::.z~:~;;?,~.~:.:?:..,~_,,, ,.,,,,, ,,,-,-,,-,,,-,,,,,,,-,-,,-,,,,.,.,,,~';' BO,a, FID OF'.: · :...,..'. ;-...- ..'. '" ,':.:,,."-.':,'.'?,,.-:.,..:~'~,~;?,~,.--.$,~. ¢OLL EFI COUNTY :. ',.: .'. j:::...', · I '-~.:-~:t'2--;'.;- ~,~.~.~.:~ NA. PI.E$, FLOFIID,~ 33962 :.'. :. '...-...-,.,...,!....'-: /~'... :. ~.~,..- :...:.:-.. ,4 i::":;" ;.,.. · ~ ..~i.:o". ..~.~'' .°' '. .: · ' ° : ., ° . .o. .t* 'o ' .' .~'./o'~;"'-' :~°-~/'-..~ ' ;. r'r. 'o ." .: 'o , ', .~.' '.'.'.: :,'o: %. ~.o'....~,. ,.''..'..-.,.,,° ..~:..".-&;: !r''....'..'.. ~ ,'o'.,'.~,.,: ''::.-'."i~. :', :,,' .,.~o~..-..:.~,;.. ,.· ,,,2~ , ..~..' ..... ~ .. .-. .~.',. ~. ,' . ~ -, ,,~ '.;,, . . ,;,,, · ,..~.,,~ ,.,' ..,;..,, ,', :. :... L .? . :~ ';.'!:,:':'. ': C :..,::,.~.i.:i '.i: .:131:,.:' .-. ...... ...~ --.~....~;' .?.., :.......-..': ..'~.~,..:~. ..:..~ .~..?...'~;~.. '-..o · ..o.: ~; .~:..,..;......~.. ~:...... · . : .'- ., . .. ..... . .. , ,~.. ~, ,..~ t..·... ~' .o~? . ..... , ~ .. ° - . -.. . . · -'.[,:' iN¥OIC~ NO. ';;~::':~: ;:L.'.~.~' ~. '.,.:..~:... :,;~. .'.~; .; .'~'. ; .'...'.. · .~...-~.,~. ~: ~.. ... ~...; :. -... .°~ ,,...o':~ :.'_.;,.~ .~ -.o o. ;'2' 9:? !t:',-~'~.:.',::":.'.'?..' :~ ....... :~'k;'~-',', ':.,: .",~ · '.' ' '." ~¢:; ..... :; ..~ ..... .. . .~ . . ' __ '~';:',."~.;~'-~S.'~,-"~:'~.,-~..*. I :';.::,- · L'"':'tt'-~'~'. :' ~'";'i, "~-'~ '~' :".' ', · '"": ..... ';; "'. :..... ""-',,~. ~."~'.'"' ' ' ° ' ' ~'""-"--"-'"-'----? ~ ;. '.~t'-,,.r'-;-.~,~. ~',.*, .~'~..". ':"~ .~.':'.".,;:~ ' ~:.".':'.t~: Z~'. ;':~: ,. t .... '-'" ~ .-:'..'.: ,.. .. EXECUTIVE SUMMARY RECOMMENDATION OF SPEED LIMIT CHANGES TO THE ROADWAYS AS LISTED BELOW IN CONFORMANCE WITH BOARD ACTION ON 8/6/96 AND RESOLUTION 96- 340 ALLOWING RESIDENTIAL ROADWAY SPEED LIMIT REDUCTIONS TO TWENTY FIVE MILES PER HOUR (25 MPH). ROADWAYS AFFECTED: Naples Park Subdivision excluding 111th Ave. N. VanderbIlt Dr between 111th Ave. N and Vanderb|lt Beach Rd including all roadways to the west off Vanderbilt Dr. Henderson Creek Park Inomah Subdivision OBJECTIVE: Notification to the Board of Commissioners of the recommended Speed Limit change from 30 MPH to 25 MPH on the above listed roadways. CONSIDERATIONS: In conformance with direction from the Board of Commissioners, this Department has analyzed roac~way conditions on the referenced roadways In accordance with the evaluation per Attachments Numbered 1. Based on the findings of this Department, It has been determined that lowering the speed limit to 25 MPH will be in conformance with Resolution 96- 340 and in the best interests of the residents living on these roadways. FISCAL IMPACT: Approximately 40 speed limit signs will be changed at a cost of $4.00 each plus labor. These changes are completed during routine work within the area, and labor costs are minimal. Money is currently budgeted in the Traffic Operations Budget; Fund 101.163630. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATIONS: That the Board of Commissioners accept this notification and direct this Department to implement signing changes per Resolution 96-340. PREPARED ' NANCY F--~-~-~,~RiNG TECHNICiAN G. F. ARCHIBALD, P.E., TRANSPORTATION DIRECTOR RAY,h~DN'D W. NHLLER, P.E.. ACTING PUBL1C WORKS AD.~IlNISTRATOR I SUBJECT: ROADWAY: AI'I'ACHMENT NO. 1 TRANSPORTATION SERVICES DEPARTMENT TRAFFIC OPERATIONS SECTION ROADWAY ANALYSIS FOR SPEED REDUCTION Roadway Inspection for the purposes of evaluation requirements for local road speed reduction from 30 mph to 25 mph per resolution 96-340. Naples Park Subdivision with the EXCEPTION of 111~ Ave N Vanderbllt Dr (CR 901) between 111t~ Ave. N and Vanderbllt Beach Rd (CR 862). All Roadways off Vanderbllt Dr located to the WEST of Vanderl~llt Dr. EVALUATION DATES: 12/16/96 EVALUATION FACTORS: 1. Local Residential Street 2. Road Width (less than 24 Ft) 3. Right-Of-Way Cross-Section (Set Backs) 4. Sidewalks or Bike Facilities 5. Road Length (Longer than ~/~ mile) 6. Sight Distance (250 Ft) 7. Special Geometrics 8. Existing Traffic Volume 9. Traffic Characteristics (Thru Movements/ Cut-Thru Movements) 10. Pedestrian/Bike Activity 11. Existing Signing and Markings Additional Findings and Recommendations: ANALYSIS (Yes/No/comments) Yes Yes Approx. 30' from Center ~ine of Rd., Some close to School, none at other locations Ye$_1 mile approx. Yes Multi-drives, no curbs, 500- 1,000 per 24 hrs. Yes Yes 30 MPH Date Scheduled for BCC Agenda: Date of BCC Approval: Date of S.O. Notification: Date of Installation: ATTACHMENT NO. I TRANSPORTATION SERVICES DEPARTMENT TRAFFIC OPERATIONS SECTION ROADWAY ANALYSIS FOR SPEED REDUCTION SUBJECT: Roadway Inspection for the purposes of evaluation requirements for local road speed reduction from 30 mph to 25 mph per resolution 96- 340. ROADWAY: Henderson Creek Park EVALUATION DATES: 12/12/96 EVALUATION FACTORS: 1. Local Residential Street 2. Road Width (less than 24 Ft) 3. Right-of-way Cross. Section (Set Backs} 4. Sidewalks or Bike Facilities 5. Road Length (Longer than s/~ mile) 6. Sight Distance (250 Ft) 7. Special Geometrics 8. Existing Traffic Volume 9. Traffic Characteristics (Thru Movements/ Cut-Thru Movements) 10. Pedestrian/Bike Activity 11. Existing Signing and Markings Additional Findlngs and Recommendations: ANALYSIS (Yes/No/Comments) Yes A_P_L3rox. 30' from the Centerline No Yes Yes Multi Dr Children No Curbin Minor NO Yes 30 MPH Date Scheduled for BCC Agenda: Date of BCC Approval: Date of S.O. Notification: Date of Installation: ATTACHMENT NO. 1 TRANSPORTATION SERVICES DEPARTMENT TRAFFIC OPERATIONS SECTION ROADWAY ANALYSIS FOR SPEED REDUCTION SUBJECT: Roadway inspection for the purposes of evaluatlon requirements for local road speed re~luction from 30 mph to 25 mph per resolution 96- 340. ROADWAY: Inomah Subdivision Federlck St, Monroe Ave., Washington Ave., Je~erson Ave., Jackson Ave., Spruce St., Pine St. EVALUATION DATES: 12/12/96 FACTORS; 1. Local Residential Street 2. Road Width (less than 24 Ft) 3. Right-of-way Cross-Section (Set Backs) 4. Sidewalks or Bike Facilities 5. Road Length (Longer than 3/~ mile) 6. Sight Distance (250 Ft) 7. Special Geometrics 8. Existing Traffic Volume 9. Traffic Characteristics (Thru Movements/ Cut-Thru Movements) 10. Pedestrian/Bike Activin/ 11. Existing Signing and Markings Additional Findings and Recommendations: (Yes/No/Comments! Yes A_~_p__~. 30' from._CCenterline No No Yes Narrow Pa~Curbs 30-35 Peak hour Some Cut Thru Yes __~osted 30 MPH Date Scheduled for BCC Agenda: ~/~ ~._~~__ Date of BCC Approval: Date of S.O. Notification: Date of Installation: F MMARY RECOMMENDATION TO ACCEPT EASEMENT FOR INSTALLATION OF WATER METER ~.Q~: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, accept the easement for installation of water meter and authorize the recordation of said documents. ~: The Public Works Division is replacing an underground water meter with an above ground meter for the purpose of regular maintenance and to assure accuracy in consumption readings. A backflow device will be installed on this larger meter due to legislation that enforces the protection of contamination of water v, Sthin the distribution system. The legal document has been reviewed by the Count), Attorney and is legally sufficient for acceptance by the Board. FISCAL IMPACT: The easement was donated to the Count)', sun'ey costs were borne by the County and recording fees are applicable. Recordation fees are budgeted in 408-2101 I0. IOWTH M.__~ANAGEMENT IMPACT: None. RECOMM_ENDATION: That the Board of Count)' Commissioners, Ex-Officio the Governing Board of the Collier Count)' Water-Sewer District of Collier County, Florida, accept the easement and authorize recordation of document. · \ · PREPARED BY: Ann Marie Saylor~s. Adjfiinistrative Assistant REVIEWED BY: M._..-" ~ Lois Nichols, Real Property Specialist II APPROVED BY: Ray Miller, Interim PuNic Works DMsion 5/'2/? ? Attachment/Consent Agenda UTILITY EASEMENT THIS UTILITY EASEL~,ENT granted tbs q.,. da'- o' -,, ,, ~. -- INDUSTRIES, INC.. a Florida corporation.. $ ~ aM:or. Io COLLIER COUNTY. a P:,~t~ca: subd,'wsion a- G~- · ' ~, ]~..f.. by KREHLING of the State of Florida. whose maihng address is 33~,I Tam,am, Trail East. NaDIes. Flon=a 34112. its successors and assigns, as Grantee (Wherever used herein the terms 'Grantor" and 'Grantee' include a!l the part,es Io this instrumenl and their respective heirs, legal representa!Jves, successors. &nC assigns.) WITNESSETH: Grantor, for and ~n cons~derahon of TEN DOLLARS ($10.00) and Other valuable consideration Pa~d by Ihe Grantee. the receipt and sufficiency of which ~s hereby acknowledged, here~y conveys. grants, bargains and sells unto the Grantee. a pe~etual, e~clusive easement, hcemse, a'~3 pr, vdege for utility end maintenance purposes, on the fo:low~ng Oescnbed lands Iota:ed m Co'h,~- County. Florida, to wit; See attached Exhibit A' which is incorporated here~n by reference Subject Io easements, restrictions, and reservahons of record THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD lhe same unto the Grantee. togethe, with the right to e~ter upon sa~d land, place, excavate, and take materials fo, the Pu,pose of construcbn; o~e'at,ng, and maintaining utihty facilities thereon. Grantor an~ Grantee are used for sm.~u~ar cr p!u,at, as the Context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (P/mt Name) Krehhn~ Industries. Inc.. a Florida corporation BY: / ~ 1425 E. Wiggins Pass Road Naples, FL 34110 STATE OF FLOR'fDA COUNTY OF ~ The foregoing Utility Easement was acknow'e,~ned bo",r~, - 1996. byHENRY XREH~',NG as ~'RESID~'N- ' '~ ,77'~.~ me ~h~s gT~ day c ~denh~cahon. ~ .... ~ ...... ' ~ ~r w~o nas prc~uce~ De* ; ~ ~g'5~'34' C, ~ummarv Recommendation To Award Bid # 96-2608 For Sprinkler Parts & Related Items. OBJECTIVE: That the Board of County Commissioners Ex- Officio the Governing Board of the Collier County Water- Sewer District award Bid # 96-2608 for Sprinkler Pans & Related Items. Considerations: 1. The Wastewater and Water Departments maintain extensive sprinkler systems at the various Treatment Facilities and throughout the Wastewater Collection System, which require replacement parts on an as needed basis. 2. There are also various other Departments throughout the County that utilize this bid. Invitations to bid were sent to twenty three (23) prospective vendors and was posted on November 6, 1996. Bids were opened on December 4, 1996 with six (6) bidders responding. Staffhas reviewed the bids and due to the minimal difference bem'een three (3) of the bidders, it is recommended this bid be awarded to the three (3) lowest vendors, Coast Pump, Hyatt Sprinkler Supplies and Pump & Irrigation Supply. This would also provide more convenient purchasing locations for the various Departments through out the County. Fiscal Impact.' The fiscal impact associated with this item is estimated to be S25,000.00, however actual expenses will be determined by the extent ofrepairs needed. Growth Manag.~ment Im~ None Recommendations: That the Board of County Commissioners Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid # 96-2608 to Coast Pump, Hyatt Sprinkler Supplies and Pump & Irrigation Supply. PREP.~LED BY: REVIEWED BY: David Chronister, Collection System Supervisor Timothy L~, Wastewater Director -. ~ REVIEWED BY: REVIEWED BY: ~~e/etor lie Works Administrator Consent Agenda 01/21/97 ~ULATION FOR BID//96-2608 )rinkler Parts & Rclaled Items" INVITATIONS SENT TO: 23 Vendors POSTING DATE: November 6. 1996 OPENING DATE: December 4, 1996 Percentage offered Be!ow Retail for the following categories: Toro Parts Finings Whole Goods PVC Do you carry Toro sprinkler parts in stock? Do you carry the most common sprinkler pans & related items in stock? Is retail Price Evaluation Sheet completed & at~ached? Prompt Payment Terms: yes ./'no v'" yes__no ~'"yes~no yes v/no v/"ycs~no ""/'yes__no ,x/yes__no ves._~___no __~'es~no ~ )'es~no ~//yes__no / % /D_.days ~o,~, ~days ~____.% /° days ~e/o ~da)'s Net _..~0._~days Net ..~'~ days Net Jd _days Net .~ . days Addenda Acknowledged: __YES reNO mYES reNO __YES __NO __YES WITNESS: ~c~chnician "No Bids" received TABULATION FOR BID #96-2608 POSTING DATE: November 6, 1996 "Sprinkler Parts & Related Items" INVITATIONS SENT TO: 23 Vendors OPENING DATE: December 4, 1996 ...... ..... · ....... Percentage offered Below Retail for the following categories: Toro Pa,'ts Fittings Whole Goods PVC Do you carry Toro sprinkler par~s in stock? Do you carry the most common sprinkler part~ & related items in stock? Is retail Price Evaluation Sheet completed & a~ched? Prompt Payment Terms: _~.~o % / o % % % u t'~7 % / d % % % ~//yes___no ~"/_ye s~no ~_yes~no ~)'es~no /yes no x,/yes~no yes no )'cs no ,/"yes__no i,/X. yes~no ~ves~no .______yes__no % .days ~__% .._~_~ days ~% ~days % ~days Net ..~d days Net ~0 days Net~days Net.~ days Addenda Acknowledged: __YES ___NO YES __NO __YES __NO __YES WITNESS: Clake Oss, Purchasing Technician "No Bids" received from: EXECUTIVE SUMMARY REIMBURSE MEMBERS OF THE MARCO RENOURISIIMENT ADVISORY COMMITTEE FOR INCURRED IN PERFORMANCE OF TItEIR DUTIES. ISLAND BEACll EXPENSES TO BE ( .3./ OBJECTIVE: To obtain authorization for reimbursement to two members of the Marco Island Beach Renoufishment Advisory Committee for expenses reasonably incurred during attendance at the National Conference on Beach Preservation Technology to be held January 22-24, 1997, in St. Petersburg, Florida. CONSIDERATIONS: The Marco Island Beach Renourishment Advisory Committee was created by Ordinance No. 86-91. Section Six ofsaid Ordinance provides that members of the Committee shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. At their regularly scheduled meeting on January 8, 1997, the Marco Island Beach Renourishment Advisory Committee recommended that such reimbursement be authorized to sponsor the attendance of two members at the National Conference on Beach Preservation Technology to be held January 22-24, 1997 in St. Petersburg, Florida. The conference is designed to provide current information relative to beach preservation research, technology and project results. This information is considered essential to current and future management of the Marco Island Beach Restoration program and as such, ;eimbursement for participation in same is considered to be consistent with the provisions in Section Six of Ordinance No. 86-91. The staff' has reviewed this request and is recommending approval based upon the following estimated costs to be incurred: Registration Fee $ 550.00 Accommodations 352.00 Meals 96.00 Mileage 232.00 Misc. (Tolls, Parking, etc.) J 0.00 $1,240.00 FISCAL IMPACT: Cost: Fund: Cost Center: $1,240.00; to be obligated in the budget for FY 96/97. (159) Marco Island Beach Renourishment. ( 112591) Marco Island Beach Renourishment. Sufficient funds are included in the budget for this purpose. Executive Summary Office of Capital Projects Management Page 2 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize reimbursement to two (2) members of the Marco Island Beach Renourishment Advisory Committee for reasonable expenses estimated to be incurred during attendance at the National Conference on Beach Preservation Technology to be held January 22-24, 1997, in St. Petersburg, Florida. PREPARED BY: REVIEWED BY: REVIEWED BY: H~rold E. Huber, Project Manager III Office of' Capital Projects Management "'~ ///1t ~ ~ / '~/~/.~/, ~,,',/ Adolfo A. Gonz'alez, P.E., Director Office of Capital Projects Management Raymond W. Miller, P.E., Interim Administrator · Public Works Division cc: Marco Island Beach Renourishment Advisory Committee pag ¢x.,,umhehmibr ac Date: /' "' .' ],J ,/ Date: t.~, :/.;; Date: //// :'.//' '? EXE(?I?TIVE SU.~IMA RY APPROVE BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 1996 WATER & ~A'ASTEWATER CAPITAL PROJECTS IN FUNDS 411,412.413. &414 OBJECTIVE: To obtain BCC approval of budget amendrnents that ,,,,'ill allow unexpended thnds budgeted tbr Water & \Vastewater projects to be carried forward and re-appropriated in the FY 1997 budget. CONSIDERATIONS: Funds ,,,,'ere appropriated in FY 1996 lbr muhiple Water & Wastewater projects. Staffwas unable to encumber all the appropriated funds belbre the end of the fiscal year. These lhnds are still required to complete the approved projects. FISCAL IMPACT; These unencumbered funds were anticipated tbr earn' tbrward in the preparation of the FY 1997 Water & Wastewater budget. f.'! ,", \ 7 ) I 'I? (). II.:(' 13' I?I':.~'I':R 17.,7¢ l ? ) l: 4 I. ,~k.,, 35.000 S S 357.524 4ll S · 412 S 135.682 S 948.467 SI.084.149 413 $ 0 $ 292.379 S 292.369 414 $ (20.141) $ 100.707 $ 80.566 Additional Funding Requested: Water Project 70019 - Deep \\'ell Injection $398 - OCPM Fees Project 70049 - LMngston Road Water Main - fi 18.900 - New design contract Project 70123 - Vanderbih Drive Relocate \Vater Main - S12.500 - OCPM Fees. Amendment to contract Project 70126 - Raw Water Surge Protection - S500 - OCPM Fees Project 70855 - 12" \Vater Main Radio Road - S39,500 - Reimbursement to Road Fund (313) tbr work completed on water and funded out of Fund 313. Wastewater. Project 73002 - LMngston Road MSTU Force Main - $57,800 - New design contract Project 7303 ] - NCX,~,%VTP Expansion - $46,083 - Amendment to the design contract Project 73034 - Rattlesnake Hammock FM - $70,000 - Change order to the construction contract Project 73123 - Vanderbilt Drive Relocate Main - $12,500 - OCPM fees. Amendment to contract Project 739]7 - NCRB,~VTP Expansion - $30,000 - Unforeseen Change Order work GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the BCC approve/authorize the necessary budget amendments to carry forward FY 1996 unexpended funds into FY 1997 for Funds 411,412, 413, & 414. Pa~,e ~ APPROVE BL'DGET AMENDMENTS FUND-Il 1.412.413 & 41-i PREPARED BY: ~~~ DATE: Sharon Ne,,~ rnan. Accounting Technician Office of Capital Projects Management 17"., / ,~,,fl REVIEWED BY: ~~~.__ DATE: Adolfo A Go~alez, P.E.;'Dir<tor Office of Capital Projects Management Raymond W. Miller. P.E. Interim Administrator Public Works Division CC~ Edv.'ard N. Finn. Operations Ma'nager. Public Works Administration Michael R. Nevi'man. Water Director Tint Clemons. \Vastev, ater Director Karl Boyer. Senior Project Manager OCPM CARRY FORWARD FUND: £'OI.I.IER COUNTY WATER DISTRI('I' WAIER CAPITAl. PROJECFS (4121 PROJECT DESCTIPTION FORECAST BUDGET FY')6 FY96 PRJ AMENDED ACTUAL I?gCREASE ,~ DESCRIPTION FORECAST EXP/ENC IDECREASE! 7o,u2 N Rcg WTP 7,uo5 \Valcr .Master Plan 7nul I 71,112 T¢lcmcl~ Waler 7i,)13 Ra'llc Rcl~atc 8" WM 7OOl 7 Water Plant hnprox cmcnls 70019 Dccp Well Injection 7~,~2~ ~or Comrol 7u,22 Chlor Enclosure 3 pits 7u,23 RWTP R¢paris 71,~25 Goodland WM 71x~3, NCWTP ~m~p Slation FM 7u,31 SCRWTP Chlorine Storage 71~,33 Wal¢r Suslcm Mapping 7H~34 Ri~ i¢ra Colom 7.,36 Maintcn:mcc Bldg 7ou37 Rcl~ab Walls II & 16 7,u3~ NCRWTP HVAC L'pgradcs 7I)1139 Livingston Rd WM 7,,41 V:mdcrbih Bch Rd 7u,42 P~g D~x cncr 7~,~43 Carhon Lakcs 7.o47 Rcl~al¢ 2u'/12~ WM 7..51 NCRX~WP Chlonnc R~m Monorail 7,122 Bonna Bch Rd W~r lmprov 7,123 X'anderbih Drixe Release WM 7nl24 Water Dist. 7o126 Rmx Walcr Surge Prol 7o824 SR 951 I,' WM 7o~28 GG Wdlfidd 7o~55 12' X~I Radio Rd 70858 36" WM CR 951 7,S59 WTP Ex~nsion ~sign 7,862 16" WM US41~lanatce 7o863 Tclcmct~' RW 7~1870 Emergent' Slan~ Pm~er 7~49 LMngsmn Road 7~5o Chlorine hgeclion 7.g6f~ Acquifcr Storage 7,866 Glades Tank Corn crsion 7ff875 Vandcrbilt Drixe 763100 hnprm cmenls General 764210 Communications Equipment 764900 Dam Pr~essing Equip 764990 Other Machine~ 44.31 .X 135.(,X2 2X2.242 t542 144.61,~ 139.6x4 4.916 4 II 425.769 317.2.n 292.352 2.773.5n, 2.775.398 1..5i~, 315 30.')(,I 19.367 14.7691 I¢).1X5 11.533 613.1., 6¢,L7X9 12.311 I 1.51,1 12.X76 ¢ 1.37(,I I (,7.71,~ 16,x.8l~ I 379,.(,~ 334.692 25 J,,) 2 I.X 15 512,11.o 467. x47 4j,,) 3.21)5 129.o,() 124.9x7 231L21)() 14.56, 12.~u() 7~ L492 13. 3.266 2.2.() 32.9(x) 155.o~) 164.956 6.3~) If~'~.3 lc) 262.7c~) 22.StK) t, 1.57-1. 2.(~n) I.SXl/ I.()54.txn~ 3.2(~) .~,~, 13.4(n) 43.7(H) 45.o(x) IOO.OO() 3.000 (I.II)1 44.3nX 3.1X5 44.153 796 4..13 215.64. 5.5v5 2.1.5 15. I.X 1.74~ f I ~. 7'~5~ 117~:~ 1.:2: .3 Transfer Fund 41 I Indirect Cost Reimbursement Clerks R¢cordm'.4 Fees Cop? lng Charges Postage TOTAL EXPENDITURES REVENUE Impact Fees Transfer from 14~t~l ]lltCrcst. %hsc CARRY FORWARD tENCI Cart>. Fomard (Encl Rc~ ¢ml0 Rc~c TOTAL REVENUE REVENUE LESS EXPENSES [ 12.3174u~ LESS FY97 BUDGETED CARRY FORWARD t 13.655.952 1,33,'4.552 12.344.3(to [..\DDITION-'d. CARRY FORWARD FUND 412 I.;I 1.652 I ENter,tn c Summaries Processed for thc follm~ ing Projccls: 70031 SCWTP Chlorine Enclosure 44.3nS l[~5%._[1AINING FUNDS '[O CARRY FORWARD 1.2t,7.14J, ] Adjustmcnls b.~ Finance I I/I 4,'96 JADDITIONAL CARRY FORWARD BALANCE ( I,~3. I')f,) I.IhN4. 149 J ADDITIONAL C-\RRY FORWARD FUND 411 \rATER IMPACT FEES PROJECT DESCRIPTION F ~1'9¢, F ~' AMENDED ACTUAL IXCREASE FORECAST EXP, EXC IDECREASE~ 1.300,000 1,195,799 104,201 27,500 27.500 01 1,327,500 !.223,299 104,201 REVENUES $) Hen1 D¢~ ¢lopmcnl Fcc Inlcrest/Misc Cam Fomnrd 2,600.000 2.600.000 90,000 343.323 253.323 3,003.000 3.003.000 0 5.693.000 5.946.323 253.323 REVENUE LESS EXPENSES [ 4.365,500 LESS FY97 BUDGETED CARRY FORWARD I ~L CARRY FORWARD FUND 411 4,723,024 4.365,500 357.524 357,524] Addmonal (.';~rQ Fom;,rd FL'XD 414 (.'OU×TY SEWER CAPITAL PROJECTS PROJE('T DESCRIPTION 7~ )O8 73o12 73~115 73n16 73nl9 73n23 73n25 73n26 73n31 73o32 73n33 73o34 73t)35 73t)36 73u38 73O4o 73O41 73o42 73()4,~ 73O52 73122 73123 73124 739(X) 73908 739O9 73916 73921 73922 73924 73925 73928 73934 74OO6 74OO7 74t)()8 74011 74()12 l.l~ m£,;Ion Rd .',.ISTU FM .MPS 3 I 7 & 16" Force Main LS 16A Rchab R:Iisc .M;t,holc Bm, cs Collections Shop Digestion N(.'R\VWTP OCAC Ri', icra Colort.', North Cnt.~ Collccl S.', stem NCRWWTP Expa,sion lo 12.5-15 MGD \~,'astcx~ atcr S.', stem .Mapping Proc R~dge Road FM/Airporl - 175 Rattlesnake Hammock SCRWWTP htjectior| Well \V:)stc.atcr Master Plan Lix mgston Road Force .Main Roxal Cme Sexxcr Carlton Lakes KOtlllll~. Kampin Itl,, Cnlo~ Computers Relocation REcal \V.\I & FM U$41 North MP$ Pump Stations Bonita Beach Road \'a,dcrbilt Drkc Rclocat Main Vandcrbih Bch FM E&S Regional WXV Trcatmcnl Plant 8" FM CR951 12" FM CR95 I SCRXVWTF hnprovcrnents 12~ FM US 41 \\'astcxxater Collection T¢1¢ntetry Pump Statiorl I.O2 Pump Station I.O4 24" & 16" FM Airport Rd .MP$ It I CR951 REt \VM Lakeuood Reclaimed \Valor Conversion Reclaim WM Quail Creek South Regional Reclaimed W'tr Slog Ponds Lix ingston Road Reclaimed ~,\,"M I:Y 96 F",")6 AMENDED ACTUAL INCREASE FORECAST. ENP,'ENC tDECREA.C,E..) 11.4o0 I 76.3¢)0 43.957 32.343 7.4U() 6.669 73 I 516.5t)¢) 516.5t)() . 5 )t)() 458.968 II)ll.I){ff) It i t ( f I. 165.4nO I. ] 7o.797 (5.397) 4t)().()()() 315.913 84.()87 776.3oo 762.3s3 13.')17 25 (()() 21.815 3.1~5 23n.()(,) 2;5.~ )5 (5.3o5 112.3oo 1()1.4()6 lu.894 3.513 13.513) 347.()()u 316.241 3o.759 13.5oo 8.127 5.374 21 l.ln() 146.~q 64.7(5 34.537 (34.537) 24.8H8 I()().~) )n 3n.936 69J)64 3.00o 2.9o4 96 3( o 0()() 288.694 I 1.3o6 5nl.5o() 5Ul.42() 38.2n~} 38.217 (17) 222.()(1() 2(~8.882 13.1 22.(,)O 22.636 (636) 7.00O 6.533 465 39o.6t)(} 37O.574 2O.O26 6.5()0.000 6.4112.596 97.404 (351 351 144.0of) 141.371 2.629 1(19.8(~1 I06.848 2.953 75.000 69.759 5.241 (2.370) 2.37O 524.n()o 330.282 (6.282 4n. O0O 29.477 1~).523 184.000 181.116 2.8S4 621 (621) 5.450.(}00 5.430.509 19.491 I0.000 3.066 6.934 74o13 74n14 74o15 74124 REVENUE 73o34 Proc Ridge Road FM/Airporl - 175 Carllon Lakes Effiucn! Misc Em.¢nt $> stem Vandcrbill Beach ~g%l Indirect Cost Rcimburscmcnl Other Contractual Sx s Communications Equipnlent Other Machinc~' Rcsc~ cs Tom1 Transfers 4o8 Loan Proceeds Inlcrcsl/Misc Cart> Fomard Revenue Reserve To[al 5o.(.)o 41.619 8.3Xl - 53.16¢) t53.16t}) 344.o0o 77.952 266.o48 317.6oo 288.054 29.546 113.3oo 113.3oo 91~ 1918)1 53.31)11 47.54o 5.760 3.11110 ~.l)OO 19.555.3(10 19.153.53~' 4ol.765 5.53~LlOO 5.53o. loo 6OO.O(1(} 913.941 313.94 I 14.582.5oo 14.582.5no . 2n.712.6,,I 21.o26.541 313.941 REVENUE LESS EXPENSES [ 1. I LESS FY97 BUDGETED CARRY FORWARD 1.873.t)()6 I I. 157.30o 715 71 6 IADDITIONALCARRY FORWARD FUND 414 715.7{)6 Excculivc Su,mnarics Processed for the Follox~ing Projects: Rattlesnake Hammock Sc~cr Lines 1().91() IREM..-XlNING FUNDS TO CARRY FORWARD 704.7')(, ] ADJUSTMENTS BY FINANCE 11/14/96 1624.23o) [ADDITIONAL CARRY FORWARD BALANCE S¢).566 I It, ADDITIONAL CARRY FORWARD BAI.ANCE FUND 413 SERVER IMPACT FEES 73o35 73917 74ot)g REVENUE SCRWWTp Injection Well NCRWWTP £xpansion Reclaimed WM Quail Creek Other Comraclual Sen'ices Rcse n es Total S.~ stem D¢,,elopmem Fcc h~tercsl/Misc Carr?,. Fomard Rex enu¢ Rcsen'c FY ,)6 AMENDED ACTUAL INC'REASE ~ EXP/ENC LDEC'REASEJ 2.743.4¢,) 2.746.37n 3.(,cJn.ot,t 3.731.233 1131.2331 32 ~ Iff)il 329.69n 27 5 ,} 27.51,1 6 69ff.gt~o 6.834.793 ( 143.8931 4.000,00(} I S I.nl~ 679.073 498.n73 5.523J On 5.523.onn 9.Tn4J.~o In.2n2.u73 REVENUE LESS EXPENSES [ 3.ol3.1c}u LESS FY97 BUDGETED CARRY FORWARD 3.367.28o J 3J 13.1uo 354.18t~ JADDITIONAL CARRY FORWARD FUND 413 354.18n ] ADJUSTMENTS BY FINANCE 11/14/96 (61.St)l) [ADDITIONAL CARRY FORWARD BALANCE _)_.. 7~ I EXECUTIVE SUMMARY RECOMMENDATION TIIAT TItE BOARD OF COLLIER COUNTY COMMISSIONERS AMEND TIlE AGREEMENT DATED JUNE 1, 1994 BETWEEN THE COLLIER COUNTY VETERANS COUNCIL, INC. AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO PROVIDE FOR TRANSPORTATION NEEDS OF COLLIER COUNTY VETERANS AND TIIEIR DEPENDENTS BEYOND FEBRUARY 1, 1997, OBJECTIVE: To continue an on-going, volunteer program to transport Collier County veterans to Veterans Medical Facilities, primarily for those unable to transport themselves. CONSIDERATIONS: Collier County has a veteran population in excess of 25,000. Many require medical attention primarily at Bay Pines Hospital, Saint Petersburg, VA Outpatient Clinic, Fort Myers, VA Hospital, Miami and VA Hospital, Tampa. A large portion of this population is unable to accommodate the distance and require assistance. In addition, transportation is provided to a large percentage of the retired military population to MacDill AFB, Tampa. Transportation is required to obtain medical treatment and to facilitate renewal of military identification cards. The entire program is staffed by a volunteer administrative staff and drivers. In the three years the program has been in existence, approximately 170,000 accident free miles have been driven, in excess of II,000 volunteer hours have been provided and 2,946 individuals have been provided with transportation. The program has been extremely cost effective with $12.22 being the average cost per client transported. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: $12,000 per year for three years from the General Fund. RECOMMENDATION TIIAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, approve the Amendment to Agreement with the Collier County Veterans Council, Inc. to ex!q:nd t~he terms of the agreement until February 1, 2000. Prepared by: t,,,... '~ c~ Lew Schulz, Veterans Services Director Reviewed by.'~x ~. _~ u'~- -~1. Thomas W. Olliff, Pub ~l/~Services Administrator AMENDMENT TO AGREEMENT This Amcnd:nent to the Agreement dated June 1, 1994 (hereinafter referred to as the "Agreement") between Collier County Veterans Council, Inc, (the "Veterans Council") and the Collier County Board of County Commissioners (the "County") is entered into this21 s t day of January, 1997. WITNESSETH: WHEREAS, on June I, 1994 the Veterans Council entered into an agreement with the County; WHEREAS, the Agreement provided for transportation needs of veterans and their dependents. WHEREAS, under said Agreement, the County supports the Veterans Transportation Sen'ice Program with a Ford Motor Company test vehicle, as well as a parking space and a S1,000 per month operating budget; and WHEREAS, the term of the Agreement is from June 1, 1994 to February I, 1997; and WHEREAS, the County and the Veterans Council desire to continue the Veterans Transportation Program beyond February I, 1997. NOW, THEREFORE, in consideration of the mutual promises, benefits and obligations, the Agreement is hereby amended as follows: I. Section 2 c. is hereby amended to read as follows: c. The Veterans Council shall maintain vehicle records and documents as reasonably directed by the County pursuant to any Ford Motor Company Fleet Test Equipment Loan Agreement between Ford Motor Company and the County, (including the Ford Motor Company Fleet Test Equipment Loan Agreement dated May 24, 1994 and any amendments thereto). 2. Section 3 a. of the Agreement is hereby amended to read as follows: a. The County shall accept, asa bailment, any vehicle provided by Fold' Motor Company pursuant to any Ford Motor Company Fleet Test Equipment Loan Agre,2ment (including any amendments thereto), betv.'een Ford Motor COlllp:lny al~d Collier County. 3. Section 4 of the Agreement is hereby amended to read as follows: The term ofthis Agreement is extended from February l, 1997 to FebruaD' 1,2000. Excep~ as hereby amended, all of the terms and conditions of the Agreement betv.'een the County and the Veterans Council dated June 1, 1994 remain in full force and effect. IN WITNESS ',,','HEREOF, the parties, through their duly authorized representatives, hereby execute this Amendment to Agreement on the daF' and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLOR/DA By: TIMOTHY L. HANCOCK CHAIRMAN \Vimesses: Signature Typed or printed name COLLIER COUNI ~.' VETERANS COUNCIL, INC. By: ~ Ma~hene~, President ,,// ~' Collier County Veterans / Council, Inc. '. Signature Typed or printed name Approved as to form and legal sufficiency Ramiro .Mafialich, Esq. Assistant County Attorney EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT RENT REVENUES FROM COLLIER COUNTY IIOUSING AUTIIORITY TO BE USED TO PAY OVERTIME SALARIES. QBJ'ECTIVE: To accept rent revenues from the Collier County Housing Authority to be used to pay overtime salaries. ~ONSI'DERATION: The Cooperative Extension Service building (Agriculture Center) in the center of the county lends itself to certain civic activities. FISCAL IMPACT: The Collier County Housing Authority is providing money to keep the facility open past regular working hours and on the week end. RECOMMENDATION: That the Board of' County Commissioners accept revenues from the Collier County Housing Authority to support the cost of' extended hours required for Housing Authority activity and approve the associated budget amendment. PREPARED BY: Demse L. Blanton, County Extension D~rector DATE: I/9/97 REVIEWED B~ervices Administrator DATE:~ EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR UTILIZATION OF MONIES IN FUND 188 FOR SPECIFIC OPERATIONAL COSTS OF THE 800 M~z SYSTEM. OBJECTIVE: To seek Board approval for utilization of monies in Fund 188 for specific operational costs of the 8C0 MHz system. CONSIDERATION: Pursuant to Florida Statute 316.655, County Ordinance 93-65 authorized the collection of a $12.50 surcharge on all moving traffic violations. The monies collected are deposited in a special revenue account, Fund 188 The Intergovernmental Radio Communications Program(IRCP). Fund 188 monies must be utilized for a county wide 800 MHz radio system. Ordinance 93-65 requires approval from the Board of County Commissioners prior to "any commitment to encumber and/or spend any such funds." The 800 MHz system is now operational. Certain reoccurring operational costs were not addressed in Executive Su~aries submitted to the Board when radio tower lease agreements were approved. As a result, the Finance Department has determined that additicnat Board action is now required. It is appropriate that certain reoccurring costs associated with operation and management of the 800 MHz system, which the Board has previously agreed to fund, be paid for from fund 188. These costs include: · Tower lease payments as approved by prior Board action · Telephone Line Costs · Electric service for tower sites · Fuel for emergency generators at each site · Periodic maintenance on site components not covered by warranty The Radio Communications Manager will prepare a budget for Fund 188 expenses each fiscal year for Board review. Any expenses not identified above will require separate Board approval. Utilization of monies from the "800 MHz IRCP" will reduce the level of ad valorem dollars utilized for the 800 MHz system. FISCAL IMPACT: The total appropriation for Fund 188 in FY 97 is currently $ 5~,4~. This Executive Summary does not modify the appropriation. RECOI~NDATION: That the Board of County Commissioners approve the utilization of monies in the "800 MHz IRCP" fund for specific operational costs of the 800 MHz system as identified in this Executive Summary. Utilization of monies from the "800 MHz IRCP" fund for expenses not identified will require separate Board approval. PI~EPAI~ED BY: ~ .-~hShn 2.~ Daly, Communications Manager William Coakley, ~l'nformation Technology Director APPROVED BY: Leo Ochs, Sup:t Services Administrator JAN 2 1 1997 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COMMISSIONERS APPROVE THE ATTACHED GROUP HEALTH INSURANCE SUMMARY PLAN DOCUMENT. OBJEC, TIVE: To seek approval ofthe attached Summary Plan Document for health insurance benefits. N IDERATI N : In November, 1996, the Board approved First Health, Inc. as its new group health insurance claims adjusting company with an effective date of January 1, 1997. First Health utilizes electronic claims processing methods which require that the plan document be in a specific format. As a result, the County's health insurance Summary Plan Document has been revised to facilitate this process. The reformatting of this document has resulted in only minor changes to its substance. Most of these changes have been made for purposes of clarification and are not expected to result in increased cost to the plan. However, a few ofthese changes affect the payment ofbenefits under the plan. The cost ofthese changes are expected to be negligible. These changes are: 1) Expenditures for each individual family member deductible will apply toward the total family deductible. Previously three individual deductibles had to be met before the family deductible was considered to have been met. 2) A change in the prescription drug benefit from a flat $50 deductible with co-payments of 80% for brand and 100% for generic to a co-payment arrangement of $5 for generic and $10 for brand, with no deductible applied. 3) The allowance for immunizations, including flu shots, to apply toward the wellness benefit. This will allow these immunizations to be covered. Once approved, employees will be provided with a new health plan booklet. .GROWTH MANAGEMENT IMPAC. J.~ None. FISCAL IMPACT: None. RECOMMENDATION: It is recommended that the Board of Commissioners approve the attached group health Summary Plan Document with an effective date of January 1, ! 997. PREPARED B Y: "?~J.'--~/~ ~'.x%'' DATE: /Jeff Walker, ARM, Risk Management Director REVIEWED BY: _'(~. DATE: Leo E. Ochs, Jr., Support Ser/,ices Administrator , " A~..v ~OA l~£g ' No. JAN 2 1 1997 Pi). / COLLIER COUNTY GOVERNMENT GROUP BENEFIT PLAN JANUARY 1, 1997 JAN 2 1 1DDT SCHEDULE OF MEDICAL BENEFITS Annual Deductibles: High Option: Medium Optlou: Low Option: $ 200 Individual $ 600 Family $ 300 Individual $ 900 Family $ 500 Individual $1,500 Family Annual Out-Of-Pocket Maximums: (Excludes Deductible) High Option: Medium Option: Low Option: $I,000 Individual $2,000 Family $1Z00 Individual $3,000 Family $2,000 Individual $4,000 Family Lifetime Benefit Maximum: ('Includes All Other Maximums) $I,000,000 Individual The following schedule summarizes co-payment amoun~ paid by the plan, benefit maximums and additional explanation needed for your benefits. The plan's co-payment for hospital expenses will be reduced to 50% if.~ou do not follow the procedures outlined In the Health Care Management section of thls plan. Please refer to the text for additional plan provisions which may affect your benefits. Benefit Description Annual PPO Plan Non-PPO Deductible Pays Plan Pays Additional Limitations And Explanations Home Health Care YES 100% 100% Routine Physicals NO 100% 100% Inpatient Hospital Services YES 80% 80% Inpatient Surgery YES 80% 80% Emergency Room Services YES 80% 80% Limited to I00 visits per year. 5250 individual annual maximum. For participants age 17 and over. Benefit~ include ~'necological and mammograms, limited to I baseline mammogram for covered females age 35-39, 1 mammogram every 2 years for covered females age 4049 and 1 mammogram per year for covered females age 50 and over. The plan's co-payment for hospital expenses will be reduced to 50% if you do not follow the procedures required by the health care management program. This penalv:' does not apply to the out-of-pocket maximum. The plan's co-payment for hospital expenses will be reduced to 50% if you do not follow the procedures required by the health care management program. This penal~' does not apply to the out-of-pocket maximum. You must pay the first SlO0 per visit for non-emergency se~'ices. Thi pay will be waived if you are adz to the hospi~ Benefit Description Annual Deductible PPO Plan Pays Non-PPO Plan Pays Additional Limitations And Explanations Skilled Nursing Facility Home Hospice Oral Surger~'/Treatment Of TMJ Human Organ And Tissue Transplants Chiropractic Sen'ices tcupuncture Se~'ices Well-Child Checkups Inpatient blental/Ner','ous And Substance Abuse Treatment YES YES YES YES YES YES NO YES 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% Limited to 90 days per )'ear. 55,000 individual lifetime maximum. $1,500 individual lifetime maximum. Benefits include surgical and non- surgical treatment of TMJ. Your co- payment does not apply to the out-of- pocket maximum. S10,000 individual donor expense maximum per transplant. SI0,000 individual travel, lodging and meals maximum per transplant. S200 individual per day lodging and meals maximum per day. $1,000 individual annual maximum. 530 individual per visit maximum. Your co-payment does not apply to the out-of-pocket maximum. SI,000 individual annual maximum. Your co.payment does not apply to the out-of-pocket maximum. For covered dependents up to age 16. Benefits include vaccinations, inoculations and immunizations. $25,000 inpatient/outpatient individual lifetime maximum. $10,000 inpatient/outpatient individual annual maximum. Benefits include treatment of or related to eating disorders. The plan's co- payment for hospital expenses ns'ill be reduced to 50% ifyou do not follow the procedures required by the health care management program. This penalty and your co-payment do not apply to the out-of-pocket maximum. JAN 2 1 1997 Benefit Description Annual Deductible PPO Plan Pays Non-PPO Plan Pays Additional Limitations And Explanations Outpatient MentalINe~'ous And Substance Abuse Treatment Prescription Drugs blailorder Prescription Drugs All Other Covered Medical Expenses YES 80% YES 80% 80% 80% S25,000 inpatient/outpatient individual lifetime maximum. $10,000 inpatient/outpatient individual annual maximum. Benefits include treatment of or related to eating disorders. Your co-payment do not apply to the out-of-pocket maximum. Benefits are provided by ALTA Rx. You must pay the first S5 for each generic prescription or refill and the first SI0 for each brand-name prescription or refill. Benefits are provided by ALTA FLx. You must pay the first S5 for each generic prescription or refill and the first $I0 for each brand-name prescription or refill. Benefits are provided for expenses listed in the Covered Medical Expenses section of this plan. Health Care Management toll-free number: (800) 782-4957 NOTE: The word lifetime refers to the period of time you or your eligible dependents participate in this plan or any other plan sponsored by Collier County Board of County Commissioners. INTRODUCTION ELIGIBILITY AND PARTICIPATION ........................... i .................. 1 Who Is Eligible ................................. Who Pa) s For ~ our Benefits ................................................ Enrollment Requirements ..................................... Late Enrollments ....................................... When Coverage Begins ......................................................... Pre Existing Conditions ..................................................... 3 Vv hen Coverage Ends ................................................................ e 4 S ecial Situations, Extension Of Coverag .................................... P ........ 5 Reinstatement Of Coverage ..................................................... M 6 HEALTH CARE MANAGEMENT PROGRA ................................ 6 What Is Health Care Management .............................................. Required Admission Review ....................................................... Reduced Benefits For Failure To Follow Required Review Procedures ........................................................ 6 Special Care Case Management ...................................................... PREFERRED PROVIDER ORGANIZATION (PPO) ....................... 9 What Is A PPO .................................................................................. 9 Who Is Your PPO ............................................................................. 9 About Your PPO ............................................................................... 9 MEDICAL BENEFITS ......................................................................... 10 About Your Medical Benefits ........................................................ 10 Deductibles ...................................................................................... lll1 Co-Payments ................................................................................... Out-Of-Pocket Maximums ............................................................. Benefit Maximums ............................................................................ Covered Medical Expenses ............................................................ 1~3n Medical Expenses Not Covered ..................................................... pRESCRIPTION DRUG PLAN .......................................................... 24 About Your Prescription Drug Benefit ......................................... 24 Prescription Drug Co-Payments ................................................... 24 MAIL SERVICE pRESCRIPTION DRUG PROGRAM ................. 25 COORDINATION OF BENEFITS ..................................................... 27 Gcncral Provisions .......................................................................... 2~ Government Programs ..................................................................... Automobile Insurance .................................................................... 27 Other Group Plans Parents ............................... 28 Children Of Divorced Or Separated Right To Make Payments To Other Organizations .................... 28 OTHER ISEPORTANT PLAN PROVISIONS ................................... 30 Assignment Of Benefits ...................................... ~ ...... ;".'"Y"'~'~".'_"3~0n Snecial Election For Employees And Spouses Age O~ ^na l~eimbursement To The Plan ......................................................... 30 Subroeation ............................................. 31 Recovery Of Excess Paymen .................................................. Rieht To Receive And Release Necessary Information ............... AIt°ernate Payee Provision .............................................................. FILING A CLAIM ................................................................................ 34 How To Appeal A Denial Of Benefits ........................................... 35 OPTIONAL CONTINUATION OF COVERAGE ............................ 37 Continuation Of Coverage Under Federal Law .......................... 37 Notification Requirement ............................................................... 3~8o Maximum Period Of Continuation Coverage .............................. Cost Of Continuation Coverage .................................................... 3~9~ When Continuation Coverage Ends .............................................. DEFINITIONS ...................................................................................... 41 INFO~TION ........................................................... 53 GENqSRAL ' ' ' Collier County Government has prepared this document to help you understand your benefits. Please read it carefully. Your benefits are affected by certain limitations and conditions which require you to be a wise consumer of health services and to use only those services you need. Also, benefits are not provided for certain kinds of treatments or services, even if your t~ealth care provider recommends them. This document is written in simple, easy-to-understand language. Technical terms are printed in italics and defined in the Definitions section. As used in this document, the word year refers to the benefit year which is the 12-month period beginning January I and ending December 31. All annual benefit maximums and deductibles accumulate during the benefit year. The word lifetime as used in this document refers to the period of time you or your eligible dependents participate in this plan or any other plan sponsored by Collier County Board of County Commissioners. Any amount you or your eligible dependents have accumulated toward the benefit maximum amounts of any previous Collier County Government plan will be counted toward the benefit maximum amounts of this plan. In addition, any time accumulated toward satisfaction of a waiting period or pre.existing condition limitation under the previous plan will be counted toward satisfaction of' the waiting period or pre- existing condition limitation of this plan. Benefits described in this document are effective January 1, 1997. Who I~ Eligible You are eligible to participate in this plan if you are a regular, full.time employee of Collier County Government for at least 60 consecutive days and are regularly scheduled to work a minimum of 30 hours per week. You are also eligible to participate in this plan if you are a qualifying retiree of Collier County Government. Qualifying retirees must be meet the requirements of Florida Statute 112.0801. Eligibility for Medicaid or the receipt of Medicaid benefits will not be taken into account in determining eligibility. Your eligible dependents may also participate. Eligible dependents include: your lawful spouse as defined by applicable state law; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you or placed in >,our home for adoption; dependent grandchildren from birth up to I $ months of age if the mother or father of the newborn is an eligible dependent; children for whom you are legal guardian; and foster children. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. You may not particlpate in this plan as an employee and as a dependent, and your dependents may not participate in this plan as a dependent of more than one employee. If your emt~loyer determines that your separated or divorced spouse or any state child support or Medicaid agency has obtained a legal qualified medical child support order (QMCSO), and your current plan offers dependent coverage, you will be required to provide coverage for any child(ren) named in the QMC$O. If a QMC$O requires that you provide health coverage for your child(ren) and you do not enroll the child(ten), your emt~loyer must enroll the child(ten) upon application from your separated/divorced spouse, the state child support agency or Medicaid agency and withhold from your pay your share of the cost of such coverage. You may not drop coverage for the child(ten) unless you submit written evidence to your em£1oyer that the child support order is no longer in effect. The plan may make benefit payments for the child(ren) covered by a QMCSO directly to the custodial parent or legal guardian of such child(ren). Who Pays For Your Benefits If you are an active employee, Collier County Government shares the cost of providing benefits for you and your dependents. If you are a retiree or are covered under COBRA, you are responsible for paying the entire cost of providing benefits for yourself and )'our dependents. Enrollment Requirements You must enroll within 30 days of ),our eligibility date. If you also desire dependent coverage, you must enroll ),our eligible dependents at this time. If you do not have any eligible dependents at the time of initial enrollment, but acquire eligible dependents at a later date, you must enroll the dependent(s) within :31 days of the date you acquire them. You may be required to obtain and provide your employer with a Social Security number for each covered dependent. Your newborn child is automatically covered at birth for 31 days. For coverage to continue beyond 31 days, you must notify your employer of the birth and pay any required contribution. If notification and contribution are not made, coverage will terminate at the end of 31 days following your child's birth. Your claim for maternity expenses is not considered as notification to your employer for coverage to continue beyond 31 days. If you have a qualifying change in your family status, you may change your enrollment decision within :31 days of the change in family status. A qualifying change in family status includes marriage, divorce, death of spouse or child, birth or adoption of a child, termination of spouse's employment, commencement of spouse's employment, a change from part-time to full-time or full-time to part-time status for you or your spouse, an unpaid leave of absence taken by you or your spouse or a significant change in health coverage for you or your spouse due to ),our spouse's employment. La~e Enrollments If you or your dependents are not enrolled within 30 days of the date you become eligible, you will be required, at your own expense, to provide satisfactory evidence of good health for yourself and each eligible dependent before being allowed to participate in this plan. For late 2 enrollment, coverage begins on the first day of the month following the date the requirements are satisfied. When Coverage Begins If you are a full-time em loyee, when the enrollment requirements are . . P .,__ e.... aa,, of the month following 60 met, your coverage begins on tn; sn:,,. ,., ; consecutive days of active employment. However, your coverage does not begin unless you are actively at work. If you are a qualifying retiree, when the enrollment requirements are met, your coverage begins on the first day of the month following )'our retirement. Coverage for your dependents begins the latest of when your coverage begins, the first day of the month following the date ),our dependent, other than a newborn, is released from the hospital or the first da.',' a dependent is legally acquired, if properly enrolled. Pre-Existing Conditions A pre.existing condition is any illness or injury for which diagnosis, consultation or treatment (including prescribed drugs or medicines) has been received during the 12 months before the effective date of coverage. If you or your dependents have a pre-existing condition, benefits for related expenses will not be considered if they are incurred before 6 consecutive months from your effective date of coverage during which no treatment for the pre-existing condition is received or 12 consecutive months of participation in this plan. If, while you are eligible for coverage under this plan, you or 5'our dependent adopt a child or a child is placed with you or your dependent for adoption and the child is otherwise eligible for coverage under this plan, the child may be enrolled as a dependent without regard to any pre- existing condition. Any time accumulated toward satisfaction of the pre-existing condition limitation under the previous Collier County Government plan will be counted toward the satisfaction of the pre-existing condition limitation of this plan. I JAN 2 1 1997 I re0. // When Coverage Ends If you are an active employee, your coverage ends the earliest of the end of the month in which your employment with Collier County Government ends, the date contributions cease or the end of the month in which you are no longer eligible to participate in this plan. If you are a retiree, your coverage ends the date contributions cease. Coverage for your dependents ends the earliest of the date )'our coverage ends, the end of thc month in which a dependent no longer meets the eligibility requirements or the date contributions cease. Special Situations, Extension Of Coverage icall or mentally handicapped on the date If a dependent chi)d is.phys..Z child's eligibility will be extended, for coverage ~ould otherwise e., . e handicap continues and the as long as you are covered by th~s plan, th child continues to qualify for coverage in all aspects other than age. The plan may require you at any time to obtain a physician's statement certif)'ing the physical or mental handicap. Coverage continued under the following provision is in addition to coverage continued under Optional Continuation of Coverage (COBRA): If you qualify for an approved family or medical leave of absence (as defined in the Family Medical Leave Act of 1993), eligibility may continue for the duration of the leave if you pay any required contributions toward the cost of the coverage. Your employer has the responsibility to provide you with prior written notice of the terms and conditions under which payment must be made. Failure to make payment within 30 days of the due date established by your employer will result in the termination of coverage. Subject to certain exceptions, if you fail to return to work after the leave of absence, your employer has the right to recover from you any contributions toward the cost of coverage made on your behalf during the leave, as outlined in the FMLA. Coverage continued under the following provision runs concurrently with coverage continued under Optional Continuation of Coverage (COBRA): If you were covered under this plan immediately prior to being called to active duty by any of the armed forces of the United States of America, coverage may continue for up to 18 months or the period of uniformed service leave, whichever is shortest, if you pay any required contributions toward the cost of the coverage during the leave. If the leave is less than 30 days, the contribution rate will be the same as for active employees. If the leave is longer than 30 days, the required contribution will not exceed 102°7o of the cost of coverage. Reinstatement Of Coverage If coverage is terminated for failure to make payments while you are on an approved family or medical leave of absence (as defined in the Family Medical Leave Act of 1993), coverage for you and your eligible dependents will be automatically reinstated, without providing evidence of good health, on the date you return to active emp/oyment if you and your dependents arc otherwise eligible under the plan. Thc pre-existing condition limitation and any waiting periods will not apply. However, all accumulated annual and lifetime maximums will apply. Whether or not you elect continuation coverage under the Uniformed Services Employment and Reemployment Rights Act, coverage will be reinstated, without providing evidence of good health, on the first day you return to active employment with Collier County Government if you are released under honorable conditions and you return to employment: on the first full business day following completion of your military service for a leave of 30 days or less; within 14 days of completing your military service for a leave of 31 to 180 days; or within 90 days of completing your military service for a leave of more than 150 days (a reasonable amount of travel time or recovery time for an illness or injury determined by the VA to be service connected will be allowed). When coverage under this plan is reinstated, all provisions and limitations of this plan will apply to the extent that they would have applied if you had not taken military leave and your coverage had been continuous under this plan. The eligibility waiting period will be waived and the pre- existing condition limitation will be credited as if you had been continuously covered under this plan from your original effective date. (This waiver of limitations does not provide coverage for any illness or injury caused or aggravated by your military service, as determined by the VA. For complete information regarding your rights under the Uniformed Services Employment and Reemployment Rights Act, contact your employer.) What Is Health Care Management Collier County Government desires to provide you and your family with a health care benefit plan that financially protects you from significant health care expenses and assures you of quality care. While part of increasing health care costs results from new technolo~' and important medical advances, another significant cause is the way health care services are used. Some studies indicate that a high percentage of the cost for health care services ma>' be unnecessary. For example, hospital stays can be longer than necessary. Some hospitalizations may be entirely avoidable, such as, when surgery could be performed at an outpatient facility with equal quality and safety. Also, surgery is sometimes performed when other treatment could be more effective. All of these instances increase costs for you and Collier County Government. Collier County Government has contracted with a professional health care management company to assist you in determining whether or not proposed services are appropriate for reimbursement under the plan. The program is not intended to diagnose or treat medical conditions, guarantee benefits or validate eligibility. The medical professionals who conduct the program focus their review on the appropriateness of hospital stays and proposed surgical procedures. Required Admission Review You are required to call the health care management program's toll-free number (800) 782-4957 before any elective admission to a hospital. You must also call within 48 hours (2 working days) of any emergency admission. When you call, it will be necessary to provide the program with your name, the patient's name, the name of the physician and hospital, the reason for the hospitalization and any other information needed to complete the review. Reduced Benefits For Failure To Follow Required Review Procedures When the required review procedures are followed, your benefits will be unaffected, and you and the plan avoid expenses related to unnecessary 6 JAN 2 1,1997 I health care. However, if you do not follow the health care management procedures outlined above, the plan's co-payment will be reduced to 50% for all related covered hospital expenses, after any applicable deductible. The penalty assessed when you do not follow the procedures required by the health care management program does not apply to your out-of- pocket maximum. Special Care Case Management Special care case management is designed to help manage the care of patients who have special or extended care illnesses or injuries. The primary objective of special care case management is to identify and coordinate cost-effective medical care alternatives meeting accepted standards of medical practice. Special care case management also monitors the care of'the patient, offers emotional support to the family, and coordinates communications among health care providers, patients and others. Benefits may be modified by the plan administrator to permit a method of treatment not expressly provided for, but not prohibited by law, rules or public policy, if the plan administrator determines that such modification is medically necessary and is more cost-effective than continuing a benefit to which you or your eligible dependents may otherwise be entitled. The plan administrator also reserves the right to limit payment for services to those amounts which would have been charged had the service been provided in the most cost-effective setting in which the service could safely have been provided. Examples of illnesses or injuries that may be appropriate for special care case management include, but are not limited to: · Terminal Illnesses cancer AIDS · Chronic Illnesses multiple sclerosis renal failure obstructive pulmonary disease 7 cardiac conditions · Accident Victims Requiting Long-Term Rehabilitative Therapy · Newborns with High-Risk Complications or Multiple Birlh Defects · Diagnosis Involving Long-Term IV Therapy · Illnesses Not Responding to Medical Care · Child and Adolescent Mental/b'ervous Disorders What Is A PPO A preferred provider organization (PPO) is a group of physicians and hospitals contracted with your employer in an effort to reduce the effect of rising health care costs while providing you with quality care. Who Is Your PPO Collier County Government has contracted with SunHealth to provide PPO services for you and your eligible dependents. About Your PPO SunHealth has carefully selected the participating physicians and hospitals. The qualifications of each health care provider have been reviewed so that you and your dependents will be provided quality care at a fee significantly less than is common in the geographic area in which you live. The final choice of health care providers is yours. Hoxvever, if you receive services from a health care provider included in the PI'O, the cost of the co-payment to you may decrease. The PPO benefits are outlined on the Schedule of Medical Benefits. All PPO and non-PPO plan maximums are combined. 9 MEDICAL BENEFITS About Your Medical Benefits All benefits provided under this plan must satisfy some basic conditions. The following conditions are commonly included in health benefit plans but are often overlooked or misunderstood. Medical Necessity The plan provides benefits only for covered services and supplies that are medically necessary for the treatment of a covered illness or injury. Also, the treatment must not be experimental/ investigational. Usual And Customary Charges The plan provides benefits only for covered expenses that are equal to or less than the usual and customary charge in the geographic area where services or supplies are provided. Any amounts that exceed the usual and customary charge are not recognized by the plan for any purpose. Health Care Providers The plan provides benefits only for covered services and supplies rendered by a physician, practitioner, nurse, hospital or specialized treatment facility as those terms are specifically defined in the Definitions section. Custodial Care The plan does not provide benefits for services and supplies that are furnished primarily to assist an individual in the activities of daily living. Activities of daily living include such things as bathing, feeding, administration of oral medicines, or other services that can be provided by persons without the training of a health care provider. Benefit Year The word year, as used in this document, refers to the benefit year which is the 12-month period beginning January I and ending I0 o z..-- JAN 2) 1997 Pg. /0 December 31. All annual benefit maximums and deductibles accumulate during the benefit year. Deductibles A deductible is the amount of covered expenses each covered individual must pay during each year before the plan will consider expenses for reimbursement. The individual deductible applies separately to each covered person. The family deductible applies collectively to ail covered persons in the same family. When the family deductible is satisfied, no further deductible will be applied for any covered family member during the remainder of that year. The annual individual and family deductible amounts are shown on the Schedule of Medical Benefits. Co-Payments Co-payment percentages represent the portions of covered expenses paid by you and by the plan after satisfaction of any applicable deductible. These percentages apply only to covered expenses which do not exceed usual and customary charges. You are responsible for all non-covered expenses and any amount which exceeds the usual and customary charge for covered expenses. The co-payment percentages are shown on the Schedule of Medical Benefits. Out-Of-Pocket Maximums An out-of-pocket maximum is the maximum amount of covered expenses you must pay during a year, excluding the deductible, before the co-payment percentage of the plan increases. The individual out-of- pocket maximum applies separately to each covered person. When a covered person reaches the annual out-of-pocket maximum, the plan will pay 100% of additional covered expenses for that individual during the remainder of that year. .The family out-of-pocket maximum applies collectively to all covered persons in the same family. When the annual family out-of-pocket maximum is reached, the plan will pay 100% of covered expenses for any covered family member during the remainder of that year. 11 However, expenses for services which do not apply to the out-of-pocket maximum will never be paid at 100%. Thc annual individual and family out-of-pocket maximum amounts arc shown on the Schedule of Medical Benefits. Benefit Maximums Total plan payments for each covered person are limited to certain maximum benefit amounts. A benefit maximum can apply to specific benefit categories or to all benefits. A benefit maximum amount also applies to a specific time period, such as annual or lifetime. Whenever the word lifetime appears in this plan in reference to benefit maximums, it refers to the period of'time you or your eligible dependents participate in this plan or any other plan sponsored by Collier County Board of County Commissioners. The benefit maximums applicable to this plan are shown on the Schedule of Medical Benefits. 12 JAN 2 11997 ..o?o Covered Medical Expenses When all of the provisions of this plan are satisfied, the plan will provide benefits as outlined on the Schedule of Medical Benefits for the services and supplies listed in this section. This list is intended to give you a general description of expenses for services and supplies covered by the plan. Hospital Services · Semi-private room and board expenses. · Private room and board expenses, only if medically necessary. · Intensive care unit and coronary care unit charges. · Miscellaneous hospital services and supplies required for treatment during a hospital confinement. Well-baby nursery, physician and initial exam expenses during the initial hospital confinement ora newborn. Charges for the newborn will be considered separately from the mother's expenses. · Hospital confinement expenses for dental services if hospitalization is necessary to safeguard the health of the patient. · Outpatient hospital services. If you discover an error on an inpatient confinement billing, resolve the error and provide proof of the resolution to the plan, the plan will pay you 50% of the amount of the excess charges found on the hospital bill, to a maximum of $1,000. Emergency Services · Treatment in a hospital emergency room or other emergency care facility for a condition that can be classified as a medical emergency. Ground or air transportation provided by a professional ambulance service to and from a hospital or emergency care facility which is equipped to treat a condition that can be classified as a medical emergency. 13 JAN 2 1 1997 · Treatment of an accident in a hospital or other emergency care facility. Specialized Treatment Facilities · A skillednursingfaciliry, limited to 90 days peryear. · A rehabilitation facility. · An ambulatory surgical facility. · A birthing center. A residential treatment facility. · A mental/nervous treatment facility. · A substance abuse treatment facility. · A psychiatric day treatment facility. · A chemical dependency/substance abuse day treatment facility. · A hospice facility. Surgical Services · Surgeon's expenses for the performance ora surgical procedure. · Assistant surgeon's expenses not to exceed 20% of the usual and customary charge of the surgical procedure. Two or more surgical procedures performed during the same session through the same incision, natural body orifice or operative field. The amount eligible for consideration is the sum of usual and customary charges for the largest amount billed for one procedure plus 50% of the sum of usual and customary charges billed for all other procedures performed. Two or more surgical procedures performed during the same session through different incisions, natural body orifices or operative fields. The amount eligible for consideration is the sum of usual and customary charges for each procedure performed. 14 Anesthetic services when performed by a licensed anesthesiologist or certified registered nurse anesthetist in connection with a surgical procedure. Oral surgery, limited to osseous surgery and the removal of impacted wisdom teeth. Reconstructive surgery when needed to correct damage caused by a birth defect resulting in the malformation or absence ora body part, to correct damage caused by an accidental injury or for breast reconstruction following a total or partial mastectomy. Surgical treatment of morbid obesity. Surgical reproductive sterilization. Human organ and tissue transplants. Courses of treatment involving high-dose chemotherapy and radiotherapy and autologous bone marrow transplantation, stem cell rescue or other hematopoietic support procedu:'es are not covered as organ and tissue transplants, except for the following (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non-inflammatory stage II breast cancer with I0 or more positive nodes and negative bone marrow. Expenses for the donor will be considered under this plan. Circumcision. Outpatient surgery. Surgical treatment oftemporomandibularjoint dysfunction (TM J). Podiatry surgery. Mental/Nervous And Substance Abuse Services · Inpatient treatment of a mental/nervous disorder and/or substance abuse. 15 · JAN 2 I lag7 Outpatient treatment of a mental/nervous disorder ancLfor substance abuse. · Partial hospitalization. · Treatment of or related to eating disorders. Medical Sera'ices · Physician home and office visits. · lnpatientphysician visits. · Secondsurgical opinions. · 77tirdsurgical opinions. · Pregnancy-related care for a female employee or spouse only. · Termination of pregnancy for a female employee or spouse only, when the life of the mother would be endangered if the fetus were carried to term. · Dental services received after an accidental injury to teeth. This includes replacement of teeth and any related x-rays. Chiropractic services. Radiation therapy. However, there is no coverage provided for high-dose radiotherapy in connection with autologous bone marrow transplantation, stem cell rescue or other hematopoietlc support procedures for any symptom, disease or condition, except the following (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non-inflammatory stage II breast cancer with 10 or more positive nodes and negative bone marrow. Chemotherapy. However, there is no coverage provided for high- dose chemotherapy in connection with autologous bone marrow transplantation, stem cell rescue or other hematopoietic support 16 JAN 2 1 1997 procedures for any symptom, disease or condition, except the following (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non-inflammatory stage II breast cancer with 10 or more positive nodes and negative bone marrow. · Treatment of or related to sleep disorders. · Physical therapy from a qualified practitioner. · Non-custodial services of a nurse which are not billed by a home health care agency. · Home health care provided by a home health care agency, limited to I00 visits peryear. · Home hospice. · Speech therapy from a qualified practitioner to restore speech loss due to an illness, injury or surgical procedure. ' Occupational therapy. Treatment of diabetes. · Dialysis. · Acupuncture. · Non-surgical treatment of morbid obesity. · Non-surgical treatment of temporomandibular joint dysfunction (TM J). · Medically necessary treatment of the feet, including treatment of metabolic or peripheral-vascular disease. · Routine foot care. Massage therapy or rolfing, for a medical condition, only if services are performed by a licensed practitioner. 17 Diagnostic X-Ray And Laboratory Services · Diagnostic charges for x-rays. Diagnostic charges for laboratory services. · Pre-admission testing(PAT). · Amniocentesis. · Ultrasounds. · Allergy testing. · Magnetic Resonance Imaging (MRI). Routine And Preventative Sera'ices PAP tests. Mammograms, limited to I baseline mammogram for covered females age 35-39, 1 mammogram every 2 years for covered females age 40-49 and I mammogram per year for covered females age 50 and over. Physicals, including gynecological exams, for participants age 17 and over. Well-child checkups for covered dependents up to age 16. Benefits include vaccinations, inoculations and immunizations. Equipment And Supplies Durable medical equipment, including expenses related to necessary repairs and maintenance. A statement is required from the prescribing physician describing how long the equipment is expected to be necessary. This statement will determine whether the equipment will be rented or purchased. Replacement equipment will be covered if the replacement equipment is required due to a change in the patient's physical condition; or purchase of new equipment will be less expensive than repair of existing equipment. 18 I JAN 1.1997 Artificial limbs and eyes and replacement of artificial limbs and eyes if required due to a change in the patient's physical condition; or replacement is less expensive than repair of existing equipment. · Original titling, adjustment and placement of orthopedic braces, casts, splints, crutches, cervical collars, head halters, traction .apparatus or prosthetic appliances to replace lost body parts or to aid m their function when impaired. Replacement of such devices only will be covered if the replacement is necessary due to a change in the patient's physical condition. Oxygen and rental of equipment required for its use, not to exceed the purchase price of'such equipment. Orthotics, orthopedic or corrective shoes and other supportive appliances for the feet. Blood and/or plasma and the equipment for its administration. Allergy injections. Insulin infusion pumps. Initial prescription contact lenses or eyeglasses, including the examination and titling of the lenses, to replace the human lens lost through intraocular surgery. Wigs or artificial hairpieces, limited to I per lifetime. Sterile surgical supplies after surgery. Jobst garments. 19 Medical Expenses Not Covered The plan will not provide benefits for any of the items listed in this section, regardless of medical necessity or recommendation of a health care prm'ider. This list is intended to give you a description of expenses for services and supplies not covered by the plan. · Expenses exceeding the usual and customary charge for the geographic area in which services are rendered. · Services rendered by anyone other than a covered health care provider. · Treatment not prescribed or recommended by a health care provider. · Services, supplies or treatment not medically necessary. · Services or supplies for which there is no legal obligation to pay, or expenses which would not be made, except for the availability of benefits under this plan. · E. rperimental/investigational equipment, services or supplies. · Services furnished by or for the United States Government or any other government, unless payment is legally required. · Any condition, disability or expense sustained as a result of being engaged in: an illegal occupation; commission or attempted commission of an assault or other illegal act; intentional or accidental atomic explosion or other release of nuclear energy, whether in peacetime or wartime; participation in a civil revolution or a riot; duty as a member of the armed forces of any state or country; or a war or act of war which is declared or undeclared. · Any condition or disability sustained as a result of being engaged in an activity primarily for wage, profit or gain, and that could entitle the covered person to a benefit under the Workers' Compensation Act or similar legislation. · Educational, vocational or training services and supplies. · Expenses for preparing medical reports, itemized bills or claim ~'ol-ms. 2O JAN 2 1 1997 · Mailing and/or shipping and handling expenses. · Expenses for broken appointments or telephone calls. Services or supplies furnished, paid for, or for which benefits are provided or required by reason of past or present service of any covered family member in the armed forces ora government. · Travel expenses of a physician or a covered person. · Any services received from a Health Maintenance Organization (HMO) if the individual is a participant in the HMO. · Intentional self-inflicted injury or illness while sane or insane. · Sanitarium, rest orcustodialcare. · Expenses used to satisfy plan deductibles. · Expenses eligible for consideration under any other plan of the employer. Treatment or services rendered outside the United States of America or its territories, except for an accidental injury or a medical emergency. · Sales tax. · Elective hospital admissions on Friday, Saturday or Sunday. · Personal comfort or service 'terns while confined in a hospital, such as, but not limited to, radio, television, telephone and guest meals. Expenses relating to or incurred in connection with autologous hematopoietic support (e.g., autologous bone marrow transplantation or stem cell rescue), including expenses for high-dose chemotherapy and radiotherapy, for any symptom, disease or condition, except the following (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non-inflammatory stage II breast cancer with I0 or more positive nodes and negative bone marrow. 21 JAN 2 1 1997 Expenses for or related to the removal of breast or other prosthetic implants that were: (I) inserted in connection with cosmetic surgery, regardless of the reason for removal; or (2) not inserted in connection with cosmetic surgery, the removal of which is not currently medically necessary. Cosmetic surgery. Kerato-refractive eye surgery (surgery to improve nearsightedness, farsightedness and/or astigmatism by changing the shape of the cornea including, but not limited to, radial keratotomy and keratomileusis surgery). Reversal of any reproductive sterilization procedure. Surgical impregnation procedures. Elective abortions. Surgical treatment for the correction of infertility. Sex change surgery. Penile prosthetic implants. Expenses related to insertion or maintenance of an artificial heart. Orthognathic surgery. Genetic counseling. Eye examinations for the diagnosis or treatment of a refractive error, including the fitting of eyeglasses or lenses, orthoptics, vision therapy or supplies. Hearing examinations, hearing aids or related supplies. Treatment of or related to an overdose of drug or medication. Expenses for education, counseling, job training or care for learning disorders or behavioral problems, whether or not services are rendered in a facility that also provides medical and/or mental/nervous treatment. 22 JAN 2 1 lgg7 g.._50 Treatment of behavioral or conduct disorders. Adoption expenses. Surrogate expenses. Biofeedback. Bereavement counseling. Non-surgical treatment for the correction of infertility. Hypnosis. Treatment, instructions, activities or drugs (including over-the- counter diet pills) for weight reduction or control, except for the diagnosed condition of morbid obesity. Infertility testing. Genetic testing. Prescription drugs and medicines, including oral contraceptives for purposes other than birth control, prenatal vitamins and insulin and insulin syringes. Benefits are provided by ALTA Rx. Nutritional supplements and contraceptive devices, whether or not a physician's prescription is required. Drugs, medicines or supplies that do not require a physician's prescription. Occupational therapy supplies. Equipment such as air conditioners, air purifiers, dehumidifiers, heating pads, hot water boules, water beds, swimming pools, hot tubs and any other clothing or equipment which could be used in the absence of an illness or injury. 23 ,o./(,, JAN 2 1 1997 ~PRE$CRIPTION DRUG pLAN About Your Prescription Drug Benefit The prescription drug benefit is an independent program, separate from your regular medical plan, and administered by ALTA Rx. This provision is included for descriptive purposes only. You must refer to the actual provision in the literature prepared and distributed by ALTA Rx for a complete description of covered and not covered expenses. The ALTA Rx plan provides benefits only for drugs or medicines prescribed by a physician or practitioner, but not to exceed a 30-day supply or 100 unit doses, whichever is greater. The prescription drug benefit cannot be assigned regardless of the assignment provision in Other Important Plan Provisions. Participating Pharmacy The ALTA Rx plan provides benefits only for a participating pharmacy's wholesale cost plus dispensing fee. A participating pharmacy is a pharmacy which has entered into a prescription drug plan agreement with ALTA Rx. Non-Participating Pharmacy The ALTA Rx plan provides benefits only for covered expenses that are equal to or less than the usual and customary charge of a participating pharmacy. Prescription Drug Co-Payments A prescription drug co-payment is the amount of covered expenses you must pay for each prescription before the ALTA Rx plan will make payments. The ALTA Rx co-payment does not accumulate toward any other plan deductible or out-of-pocket maximum. The co-payment amount for the ALTA Rx plan is $5 for each generic prescription or refill and $10 for each brand-name prescription or refill. 24 JAN 2 1 1997 The mail service prescription drug program is offered when there is an ongoing need for medication. By using thls service, you can obtain prescribed medication required on a non.emergency, extended-use basis. The quantity of a prescribed drug ordered through this program can be anything up to a-day supply. Prescription drugs obtained through this program are not subject to the medical plan deductible. However, you are required to pay $5 for each generic prescription or refill and $10 for each brand-name prescription or refill. The amount you must pay for each mailorder prescription does not accumulate toward the medical plan deductible or out-of-pocket maximum. Prescribed medications which are covered by your medical plan are also covered by the mail service prescription drug program if they are normally available at your local pharmacy. However, certain medications cannot be supplied by mail easily (for example, drugs requiring constant refrigeration) and are not available through this program. The law requires that pharmacies dispense the exact quantity prescribed by the physician or practitioner. So if your physician or practitioner authorizes the maximum order quantity, the prescription must be for a- day supply for you to receive that quantity. For example, if you take one tablet per day, your physician or practitioner must write a prescription for tablets. If you take two tablets per day, your physician or practitioner must write a prescription for tablets, etc. If your physician or practitioner authorizes refills, these can be dispensed only when your initial order is nearly exhausted, so be sure to ask your physician or practitioner to prescribe the normal supply, plus refills whenever appropriate. When you order by mail, your prescription is reviewed by a pharmacist, checked for drug interactions, dispensed and verified by quality control before it is mailed to you. There will be times when you need a prescription immediately. On these occasions, you should have your prescription filled at a local pharmacy and use your ALTA Rx card. If you need medication immediately but will be taking it on an ongoing basis, ask your physician or practitioner for two prescriptions. The first should be for a 14-day supply that you can have filled at a local pharmacy; the second 25 Id be for the balance, up to a-day supply. Send the rescription shou .. - .......~ ,~* Va ue Rx mail IP~rger prescription with your co-payment mxuu~ .... 1 service prescription drug program. NOTE: Certain controlled substances ~nd several other prescribed medications may b~ subject to other dispensing limitations ~nd to the professional judgment of the ph~macist. 26 General Provision When you and/or your dependents are covered under more than one group health plan, the combined benefits payable by this plan and ali other group plans will not exceed 100% of the eligible expense incurred by ',he individual. The plan assuming primary payor status will determine benefits first without regard to benefits provided under any other group health plan. When this plan is the secondary payor, it will reimburse, subject to all plan provisions, the balance of remaining eligible expenses, not to exceed normal plan liability if this plan had been primary. For purposes of cOOrdination, eligible expense means any usua! and customary charge considered in part or full by this plan. Government Programs ealth alan includes the government programs The term .gro, up ..h J ~"~'^~PUS The regulations governing these Medicare, Meaicata aha ~.t-t~,, · ' e recedence over the determination of this plan. For programs intnak~etePrmining the benefits payable under thc plan, the plan example, will not take into account the fact that you or any eligible dependent(s) are eligible for or receive benefits under a Medicaid plan. Automobile Insurance Benefits payable under this plan will be coordinated with benefits provided or required by any no-fault automobile insurance statute, whether or not a no-fault policy is in effect, and/or any other automobile insurance. Other Group Plans Any group health plan which does not contain a coordination of benefits provision will be considered primary. When all plans covering you and/or your dependents contain a cOOrdination of benefits provision, order of payment will be as follows: The plan covering a person as an active employee will be primary over a plan coveting the same person as a dependent, a retiree or a laid-off- individual. When a person is an active employee under more than one plan, the plan covering the individual for ,,he longer period of time will be considered primary. The plan covering a person as an employee or a dependent will be primary over the plan providing continuation coverage (COBRA). A plan covering a person as a dependent child of' non-divorced or non-separated parents will be primary according to which parent has the earlier birth date (month and day) in the year. If' both parents have the same birth date, the plan covering the child for the longer period of time will be primary. Children Of Divorced Or Separated Parents When all plans covering a person as a dependent child of divorced or separated parents contain a coordination of benefits provision, the order of payment will be: The plan covering the dependent child of the natural parent designated by court order to be responsible for the child's health care expenses will be considered primary. In the absence of a court order specifying otherwise, the plan covering the dependent child of the natural parent having legal custody of the child will be considered primary. In the absence of a court order specif'ying otherwise, the plan covering the dependent child of a stepparent who is the spouse of the natural parent having legal custody of the child will be considered primary. Right To Make Payments To Other Organiz~tlons Whenever payments which should have been made by this plan have been made by any other plan(s), this phm has the right to pay the other plan(s) any amount necessary to satisfy the terms of this coordination of benefits provision. Amounts paid will be considered benefits paid under 28 I JAN21199?! this plan and, to the extent or' such payments, the plan will be fully released from any liability regarding the person for whom payment was made. 29 ! JAN 21~9971 OTITER IMPORTANT PLAN PROVISIONS Assignment Of Benefits All FPO benefits payable by the plan are automatically assigned to the provider of services or supplies, unless evidence of previous payment is submitted with the claim. Ali other benefits payable by the plan may be assigned to the provider of services or supplies at your option. Payments made in accordance with an assignment are made in good faith and release the plan's obligation to the extent of the payment. Payments will also be made in accordance with any assignment of rights required by a state Medicaid plan. Special Election For Employees And Spouses Age 65 And Over If you remain actively employed after reaching age 65, you or your spouse may choose to remain covered under this plan without reduction for Medicare benefits or designate Medicare as the primary payor of benefits. If you choose to remain covered under this plan, this plan will be the primary payor of benefits and Medicare will be secondary. If you choose Medicare as primary, coverage under this plan will end. If you do not specifically choose one of the options, this plan will continue to be primary. If you are under age 65 and your spouse is over age 65, he or she can make his or her own choice. Reimbursement To The Plan This section applies whenever another party (including your own insurer under an automobile or other policy) is legally responsible or agrees to compensate you or your dependent, by settlement, verdict or otherwise, for an illness or injury. In that case, you or your dependent (or the legal representatives, estate or heirs of either you or your dependent), must promptly reimburse the plan for any benefits it paid relating to that illness or injury, up to the full amount of the compensation received bom the other party (regardless of how that compensation may be characterized and regardless of whether you or your dependent have been made whole). If the plan has not yet paid benefits relating to that illness or injury, the plan may reduce or deny future benefits on the basis of the compensation received by you or your dependent. 3O In order to secure the rights of the plan under this section, you or your dependent hereby: (1) grant to the plan a first priority lien ag~.inst the proceeds of any such settlement, verdict or other amounts received by you or your dependent; and (2) assign to the plan any benefits you or your dependent may have under any automobile policy or other coverage, to the extent of the plan's claim for reimbursement. You or your dependent must cooperate with the plan and its agents, and must sign and dcllvcr such documents as the plan or its agents reasonably request to protect the plan's right of reimbursement. You or your dependent must also provide any relevant information, and take such actions as the plan or its agents reasonably request to assist the plan in making a full recovery of the reasonable value of the benefits provided. You or your dependent must not take any action that prejudices thc plan's right of reimbursement. The reimbursement required under this provision will not be reduced to reflect any costs or attorneys' fees incurred in obtaining compensation unless separately agreed to, in writing, by the p/an administrator, in the exercise of its sole discretion. Subrogation This section applies whenever another party (including your own insurer under an automobile or other policy) is legally responsible or agrees to compensate you or your dependent for your or your dependent's illness or injury and the plan has paid benefits related to that illness or injury. The plan is subrogated to all of the rights of you or your dependent against any party liable for your or your dependent's illness or injury to the extent of the reasonable value of the benefits provided to you or your dependent under the plan. The plan may assert this right independently of you or your dependent. You or your dependent are obligated to cooperate with the plan and its agents in order to protect the plan's subrogation rights. Cooperation means providing the plan or its agents with any relevant information requested by them, signing and delivering such documents as the plan or its agents reasonably request to secure the plan's subrogation claim, and obtaining the consent of the plan or its agents before releasing any party from liability for payment of medical expenses. 31 ,JAN 2 1 1997 If you or your dependent enter into litigation or senlement negotiations regarding the obligations of' other par~ies, you or your dependent must not prejudice, in any way, the subrogation rights of the plan under this section. The costs of legal representation of the plan in matters related to subrogation will be borne solely by the plan. The costs of legal representation of you or your dependent must be borne solely by you or your dependent. Recovery Of Excess payments Whenever payments have been made in excess of the amount necessary to satisfy the provisions of this plan, the plan has the right to recover these excess payments from any individual (including yourselO, insurance company or other organization to whom the excess payments were made or to withhold payment, if necessary, on future benefits until the overpayment is recovered. If excess payments were made for services rendered to your dependent(s), the plan has the right to withhold payment on )'our future benefits until the overpayment is recovered. Further, whenever payments have been made based on fraudulent information provided by you, the plan will exercise its right to withhold payment on furore benefits until the overpayment is recovered. Right To Receive And Release Necessary Information The plan may, without the consent of or notice to any person, release to or obtain from any organization or person, information needed to implement plan provisions. When you request benefits, you must furnish all the information required to implement plan provisions. Alternate Payee Provision Under normal conditions, all P£O benefits are payable to the provider of' services or supplies. All other benefits are payable to you and can only be paid directly to another party upon signed authorization from you. If conditions exist under which a valid release or assignment cannot be obtained, the plan may make payment to any individual or organization that has assumed the care or principal support for you and is equitably JAN 2 1 1997 entitled to payment. The plan must make pa)rnents to your separated/divorced spouse, state child support agencies or Medicaid agencies if required by a qualified medical child support order (C)MCSO) or state Medicaid law. The plan may also honor benefit assignments made prior to your death in relation to remaining benefits payable by the plan. Any payment made by the plan in accordance with this provision will fully release thc plan ot' its liability to you. JAN lgg7 Pg' ~ ~LING A CLAIM Your health care provider should file claims for you. Electronically submitted claims are processed most efficiently. Ii' unable to file electronically, your health care provider may submit the following: · HCFA-1500 (revision 12/90 and later) or UB-92 forms for medical expenses; ADA forms (revision 1990 and later) for dental expenses; · prescription submit~l forms and vision care submittal forms. These are the only appropriate forms for requesting plan payment. If your health care provider is unable to file one of these forms for you, you are responsible for completing and submitting it. These forms are available from either your health care provider or employer. Include the following information: · plan participant's name, Social Security number and address; · patient's name, Social Security number and address if different from the participant's; · provider's name, tax identification number, address, degree and signature; · date(s) of service; · diagnosis; · procedure codes (describes the treatment or services rendered); · assignment of benefits, signed (if payment is to be made to the provider); · release of information statement, signed; · explanation &benefits (EOB) information if another plan is the primary payor. 34 JAN 1997 Po. Claims should be submitted for each individual. Please do not ar, ach or staple claims together. If additional information is needed to process your claim, you or your health care provider will be notified. If you receive a letter regarding your claim, prompt completion and return of the letter with any requested attachments will expedite processing of the claim. Send complete information to: FIRST HEALTH Strategies (TPA), Inc. P.O. Box 8503 London, KY 40742-8503 If you have any questions regarding your claim, please call: (800) 782-4957 All claims must be filed with the plan within 12 months bom the date of the expense. How To Appeal A Denial Of Benefits If you believe a claim was improperly settled, the following process is available: Within 60 days of receipt of the claim, you may request, in writing or verbally, that the plan conduct a review of the processed claim. The plan will review the processed claim and inform you whether or not an error was made. Any errors will be corrected promptly. If you are not satisfied with the above review, a v, xitten request for a second review may be submitted to the plan within 60 days of the first review. The request should state, in clear and concise terms, the reason for disagreement with the way the claim was processed. When the written request is received, the claim will be reviewed again and the results of this review furnished in writing to you within 60 days in most cases, but in no case more than 120 days. All requests for a review of denied benefits should include a copy of the initial denial letter and any other pertinent information. Send ali information to: 35 FIRST HEALTH Strategies (TPA), Inc. P.O. Box 8503 London, KY 40742-8503 Requests for appeal which do not comply.with thi~ procedure will not be considered, except in extraordinary c~rcumstances. OPTIONAL CONTINUATION OF COVERAGE Continuation Of Coverage Under Federal Law As mandated by federal law, the plan otters optional continuation coverage to you and/or your dependents if coverage of the eligible beneficiary would otherwise end due to one of the following events: Termination of your employment for any reason except gross misconduct. Coverage may continue for you and your eligible dependents. · A reduction in hours worked by you. Coverage may continue for you and your eligible dependents. · Your death. Coverage may continue for your eligible dependents. · Divorce or legal separation from your spouse. Coverage may continue for that spouse and your other eligible dependents. · You become entitled to Medicare. Coverage may continue for eligible dependents who are not entitled to Medicare. · Loss of eligibility of a covered dependent child. Coverage may continue for that dependent. Your employer files a Title 11 bankruptcy petition. Coverage may continue for retirees and their beneficiaries if the plan covers such retirees and beneficiaries within one year of the date of the bankruptcy petition and if such retiree coverage ends or is substantially reduced within one year before or after the filing for bankruptcy. (Please note that the plan may not cover retirees, in which case employer bankruptcy is not a qualifying event.) NOTE: To choose this continuation coverage, an individual must be a covered person under the plan on the day before the qualifying event or be bom to or adopted by you during the period of your continuation coverage. In the case of bankruptcy, an individual must have retired on or before the date coverage was substantially reduced, or be a beneficiary of the retired employee on the day before the bankruptcy. 37 Notification Requirement You or other qualifying individual(s) have the responsibility to inform the plan administrator of' a divorce, legal separation or a child losing dependent status under the Collier County Government Group Benefit Plan within 60 days of' the qualifying event. Failure to provide this notification within 60 days will result in the loss of' continuation coverage rights. Your employer has the responsibility of notifying the plan administrator of your death, termination of employment, reduction in hours, entitlement to Medicare or the employer's bankruptcy within 30 days of the qualifying event. The plan will notify you and other qualifying individual(s) of continuation coverage fights within 14 days of the notice described above. You and any other qualifying individuals will then have 60 days to elect continuation coverage. Failure to elect continuation coverage within 60 days after being notified by the plan administrator will result in loss of continuation coverage rights. Maximum Period Of Continuation Coverage The maximum period of continuation coverage for individuals who qualify due to termination of employment or reduction in hours worked is l g months from the date of the qualifying event. If a qualifying individual is disabled (as determined under the Social Security Act) at the time of your termination or reduction in hours or becomes disabled at any time during the first 60 days of continuation coverage, continuation coverage for the qualifying individual and any non-disabled family members who are also entitled to continuation coverage may be extended to 29 months provided the qualifying individual or family member, if applicable, notifies the /~/an administrator within the 18-month continuation coverage period and within 60 days after receiving notification ofdisability. The maximum period of continuation coverage for individuals · qualify due to any other described qualifying event, except is 36 months from the date ofthe qualifying event. 38 JAil 2 I 1SS'/ .,. 0ualiF/ing retirees and widows or widowers of retirees who died before bankruptcy are entitled to lifetime continuation coverage. However, if a retiree dies after bankruptcy, the surviving spouse and dependent children may only elect an additional 36 months of continuation coverage after the death. If an individual experiences more than one qualifying event, the maximum period of coverage will be computed from the date of the earlies~ qualifying event, but will be extended to the full 36 months if required by the subsequent qualifying event. However, if your spouse and dependent children would otherwise lose coverage because of a qualifying event, they will be entitled to 36 months of' continuation coverage from the date you become entitled to Medicare even if your entitlement to Medicare does not cause you to lose coverage either because you are still employed or because you had already terminated employment. Cost Of Continuation Coverage The cost of continuation coverage is determined by your employer and paid by the qualifying individual. If the qualifying individual is not disabled, the applicable premium cannot exceed 102% of the plan's cost of providing coverage. The cost of'coverage during a period of extended continuation coverage due to a disability cannot exceed 150% of the plan's cost of coverage. You and other qualified individual(s) must make the first payment within 45 days of notifying the plan of .~lection of continuation coverage. Future payments can be made in monthly installments within 30 days of the due date unless your emp/o)~r establishes a longer payment schedule. Rates and pa~,Tnent schedules are established by your employer and may change when necessary due to plan modifications. The cost of continuation coverage is computed from the date coverage would normally end due to the qualiS,.'ing event. Failure to make the first payment within 45 days or any subsequent payment within 30 days of the established due date will result in the permanent cancellation of continuation coverage. When Continuation Coverage Ends 39 Continuation of coverage ends on the earliest or': · The date the maximum continuation period expires. · The date the qualifying individual becomes entitled to coverage under Medicare. · The last period for which payment was made when coverage is canceled due to non-payment of'the required cost. · The date the emp/oyer no longer offers a group health plan to any of its employees. The date the qualifying individual becomes covered under any other group health plan that does not exclude or limit coverage t'or a pre-existing condition the qualifying individual may have. 4O JAN 2.1 1997 The following terms define specific wording used in this plan. These definitions should not be interpreted to extend coverage unless specifically provided for under previously explained provisions of this plan. Accident An unforeseen and unavoidable event resulting in an injury. Actively At F/ork (Active £mploymen0 You are considered to be actively at work when performing in the customary manner all of the regular duties of your occupation with the employer, either at one of the employer's regular places of business or at some location to which the employer's business requires you to travel to perform your regular duties or other duties assigned by your employer. You are also considered to be actively at work on each day of a regular paid vacation or non-working day on which you are not totally disabled, but only if you are performing in the customary manner all of the regular duties of your occupation with the employer on the immediately preceding regularly scheduled work day. A mb ulatory Surgical Facility A public or private facility, licensed and operated according to the law, which does not provide services or accommodations for a patient to stay overnight. The facility must have an organized medical staff ofpbysicians; maintain permanent facilities equipped and operated primarily for the purpose of performing surgical procedures; and supply registered professional nursing services whenever a patient is in the facility. Amendment (Amend) A formal document signed by the representatives of Collier County Government. The amendment adds, deletes or changes the provisions of the plan and applies to all covered persons, including those persons covered before the amendment becomes effective, unless otherwise specified. Benefit Year 41 The 12-month period beginning January I and ending December 3 I. All annual deductibles and benefit maximums accumulate during the benefit year. Birthing Center A punic or private facility, other than private offices or clinics of physicians, which meets the free-standing birthing center requirements of the State Department of Health in the state where the covered person receives the services. The birthing center must provide: a facility which has been established, equipped and operated for the purpose of providing prenatal care, delivery, immediate postpartum care and care of a child bom at the center;, supervision of at least one specialist in obstetrics and gynecology; a physician or certified nurse midwife at all births and immediate postpartum period; extended staff privileges to physicians who practice obste~cs and gynecology in an area hospital; at least 2 beds or :2 birthing rooms; full-time nursing services directed by an R.N. or certified nurse midwife; arrangements for diagnostic x-ray and lab services; and the capacity to administer local anesthetic or to perform minor surgery. In addition, the facility must only accept patients with Iow-risk pregnancies, have a written agreement with a hospital for emergency transfers and maintain medical records on each patient and child. Chiropractic Services The detection and conection, by manual or mechanical means, of the interference with nerve transmissions and expressions resulting from distortion, misalignment or dislocation of the spinal (vertebrae) column. Cosmetic Surgery A procedure performed primarily for psychological purposes or to preserve or improve appearance rather than to restore the anatomy and/or functions of the body which are lost or impaired due to an illness or injury. 'Custodial Care 42 I JAN 2 1 lgg7 Services and supplies furnished primarily to assist an individual in the activities of daily living. Activities of daily living include such things as bathing, feeding, administration of oral medicines, or other services that can be provided by persons without the training of a health care provider. Diagnostic Charges The usual and customary charges for x-ray or laboratory examinations made or ordered by a physician in order to detect a medical condition. Durable Medical Equipment Equipment able to withstand repeated use for the therapeutic treatment of an active illness or injury. Such equipment will not be covered under the plan if it could be useful to a person in the absence of an illness or injury and could be purchased without a physician's prescription. Elective Hospital Admission Any non-emergency hospital admission which may be scheduled at the patient's convenience without jeopardizing the patient's life or causing serious impairment. Employer Collier County Government. Experimental/Investigational Expenses for treatments, procedures, devices or drugs which the p/an administrator determines, in the exercise of its discretion, are experimental, investigational or done primarily for research. Treatments, procedures, devices or drugs ar~ excluded under this plan unless: Approval of the U.S. Food and Drug Administration for marketing the drug or device has been given at the time it is furnished, if such approval is required by law; and Reliable evidence shows that the treatment, procedure, device or drug is not the subject of ongoing phase I, II or III clinical ~als or under study to determine its maximum tolerated dose, its toxicity, its 43 JAN 2 1 19971 safety, its efficacy or its efficacy as compared with the standard means of treatment or diagnoses; and Reliable evidence shows that the consensus of opinion among experts regarding the treatment, procedure, device or drug is that further studies or clinical trials are not necessary to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with the standard means of treatment or diagnoses. Reliable evidence includes anything determined to be such by the plan administrator, within the exercise of its discretion, and may include published reports and articles in the medical and scientific literature generally considered to be authoritative by the national medical professional community.. Health Car, Provider A physician, practitioner, nurse, hoxpital or specialized treatment facility as those terms are specifically defined in this section. Home Health Care Agency A public or private agency or organization, licensed and operated according to the law, that specializes in providing medical care and treatment in the home. The agency must have policies established by a professional group and at least one physician and one registered graduate nurse to supervise the services provided. Home Hospice A program, licensed and operated according to the law, which is approved by the attending plr),sician to provide palliative, supportive and other related care in the home for a covered person diagnosed as terminally ill. Hospice Facility A public or private organization, licensed and operated according to the law, primarily engaged in providing palliative, supportive and other related care for a covered person diagnosed as terminally ill. The facility must have an interdisciplinary medical team consisting of at least one physician, one registered nurse, one social worker, one volunteer and a volunteer program. 44 The period of'time you or your eligible dependents participate in this plan or any other plan sponsored by Collier County Board of County Commissioners. Medicaid Title XIX (Grants to slates for Medical Assistance Programs) of the United Sutes Social Security Act as amended. Medical Emergency An illness or Injury which occurs suddenly and unexpectedly, requiring immediate medical care and use of the most accessible hospital equipped to furnish care to prevent the death or serious impairment of the covered person. Such conditions include, but arc not limited to, suspected heart attack, loss of consciousness, actual or suspected poisoning, acute appendicitis, heat exhaustion, convulsions, emergency medical care rendered in accident cases and other acute conditions. Medically Necessary (Medical Necessity) Services or supplies which theplan administrator determines, in the exercise of its discretion, are generally acceptable by the national medical professional community as being safe and effective in treating a covered illness or injury, consistent with the symptoms or diagnoses, furnished at the most appropriate medical level and not primarily for the convenience of the patient, a health care provider or anyone else. Because a health care provider has prescribed, ordered or recommended a service or supply does not, in itself, mean that it is medically necessary as defined above. Medicare Title XVIII (Health Insurance for the Aged and Disabled) of the United States Social Security Act as amended. Mental/Nervous Disorder For purposes of this plan, a mental/nervous disorder is any diagnosed condition listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM, most recent edition, revised), except as 46 I acing, ltl:n- ! J _ I JAN 2 lt997 specified in Medical Expenses Not Covered, for which treatment is commonly sought from a psychiatrist or mental health provider. The DSM is a clinical diagnostic tool developed by the American Psychiatric Association and used by mental health professionals. Diagnoses described in the DSM will be considered mental/nervous in nature, regardless of etiology. Mental/Nervous Treatment Facility A public or private facility, licensed and operated according to the law, which provides a program for diagnosis, evaluation and effective Ixeatment of mental/nervous di~orderz; and professional nursing services provided by licensed practical nurses who are directed by a full-time R.N. The facility must also have aphysician on staff or on call. The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs.' Morbid Obesity A diagnosed condition in which the body weight exceeds the normal weight by either 100 pounds or is twice the normal weight of a person the same height, and conventional weight reduction measures have failed. The excess weight must cause a medical condition such as physical trauma, pulmonary and circulatory insufficiency, diabetes or heart disease. Nurse A person acting within the scope of his/her license and holding the degree of Registered Graduate Nurse (R.N.), Licensed Vocational Nurse (L.V.N.) or Licensed Practical Nurse (L.P.N.). Oral Surgery Necessary procedures for surgery in the oral cavity, including pre- and post-operative care. Outpatient 47 Treatment either outside of a hospital setting or at a hospital when room and board charges are not incurred. Partial Hospitalization A distinct a~d organized intensive ambulatory treatment service, less than 24-hour daily care specifically designed for the diagnosis and active treatment or' a mental~nervous disorder when there is a reasonable expectation for improvement or to maintain the individual's functional level and to prevent relapse or hospitalization. Partial hospitalization programs must provide diagnostic services; services of social workers; psychiatric nurses and staff trained to work with psychiatric patients; individual, group and family therapies; activities and occupational therapies; patient education; and chemotherapy and biological treatment interventions for therapeutic purposes. The facility providing the partial hospitalization must prepare and maintain a wriRen plan of treatment for each patient. The plan must be approved and periodically reviewed by apto'sician. Physically Or Mentally Handicapped The inability of a person to be self-sufficient ~s the result of a condition such as mental retardation, cerebral palsy, epilepsy or another neurological disorder and diagnosed by a physician as a permanent and continuing condition. Physician A person acting within the scope of his/her license and holding the degree of Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.) and who is legally entitled to practice medicine in all its branches under the laws of the snate or jurisdiction where the services are rendered. Plan ,~dministrator The plan administrator, Collier County Board of County Commissioners, pursuant to the collective bargaining agreement, is the sole fiduciary of the plan, and exercises all discretionary authority and control over the administration of the plan and the management and disposition of plan assets. The plan administrator 48 JAN 2 I lgg7 shall have the sole discretionary authority to determine eligibility for plan benefits or to construe the terms of'the plan. The plan administrator has the right to amend, modify or terminate the plan in any manner, at any time, regardless of the health stares of any plan participant or beneficiary. The plan administrator may hire someone to perform claims processing and other specified services in relation to the plan. Any such contractor will not be a fiduciary of the plan and will not exercise any of'the discretionary authority and responsibility granted to the plan administrator, as described above. Plan Sponsor Collier County Board of County Commissioners. Plan Yecr The 12-month fiscal period for Collier County Government beginning October I and ending September 30. Practitioner A physician or person acting within the scope of applicable state licensureYcertification requirements and holding the degree of Doctor of Dental Surgery (D.D.S.), Doctor of Dental Medicine (D.M.D.), Doctor of Podiatry Medicine (D.P.M.), Doctor of Chiropractic (D.C.), Certified Nurse Midwife (C.N.M.), Certified Registered Nurse Anesthetist (C.R.N.A.), Registered Physical Therapist (R.P.T.), Psychologist (Ph.D., Ed.D., Psy. D.), Licensed Clinical Social Worker (L.C.S.W.), Master of Social Work (M.S.W.), Speech Therapist, Occupational Therapist, Acupuncturist, Licensed Massage Therapist or Physician's Assistant. Preferred Provider Organization (PPO) SunFIealth, including those heahh care providers who have contracted with Collier County Government to provide certain services for which benefits are considered at special levels. · Psychiatric Day Treatment Facility A public or private facility, licensed and operated according to the law, which provides: treatment for all its patients for not more than 49 8 hours in any 24-hour period; a structured psychiatric program based on an individualized treatment plan that includes specific attainable goals and objectives appropriate t'or the patient; and supervision by a physician certified in psychiatry by the American Board of Psychiatry and Neurology. The facility must be accredited by the Program for Psychiatric Facilities or the Joint Commission on Accreditation of Hospitals. Reconstructive Surgery A procedure performed to restore the anatomy and/or functions of the body which are lost or impaired due to an injury or illness. Rehabilitation Facility A legally operating institution or distinct pan of'an institution which has a transfer agreement with one or more hospitals, and which is primarily engaged in providing comprehensive multi-disciplinary physical restorative services, post-acute hospital and rehabilitative inpatient care and is duly licensed by the appropriate government agency to provide such services. It does not include institutions which provide only minimal care, custodial care, ambulatory or pan-time care services, or an institution which primarily provides treatment of mental/nervous disorders, substance abuse or tuberculosis, except it' such facility is licensed, certified or approved as a rehabilitation facility for the treatment of mental/nervous conditions or substance abuse in the jurisdiction where it is located, or is accredited as such a facility by the Joint Commission for the Accreditation of Health Care Organizations or the Commission for the Accreditation of Rehabilitation Facilities. Residential Treatment Facility A child-care institution that provides residential care and treatment for emotionally disturbed children and adolescents. The facility must be accredited as a residential treatment facility by the Council on Accreditation, the Joint Commission on Accreditation of Hospitals or the American Association of Psychiatric Services for Children. Second Surgical Opinion 5O JAN 2 1 1997 Examination by a £hysfcian who is ceniHed by the American Board of Medical Specialists in a field related to the proposed surgery to evaluate the medical advisability of undergoing a surgical procedure. Skilled Nursing Facility A public or private facility, licensed and operated according to the law, which provides: permanent and full-time facilities for I0 or more resident patients; a registered nurse or physician on full-time duty in charge of patient care; at least one registered nurse or licensed practical nurse on duty at all times; a daily medical record for each patient; transfer arrangements with a hospital; and a utilization review plan. The facility must be primarily engaged in providing continuous skilled nursing care for persons during the convalescent stage of their illness or injury, and is not, other than by coincidence, a rest home for custodial care or for the aged. Specialized Treatment Facility Specialized treatment facilities as the term relates to this plan include skilled nursing facilities, rehabilitation facilities, ambulatory surgical facilities, birthing centers, residential treatment facilities, mental/nervous treatment facilities, substance abuse treatment facilities, psychiatric day treatment facilities, chemical dependency/substance abuse day treatment facilities and hospice facilities as those terms are specifically listed in Covered Medical Expenses. Substance dbuse Treatment Facility A public or private facility, licensed and operated according to the law, which provides: a program for diagnosis, evaluation and effective treatment of substance abuse; detoxification services; and professional nursing services provided by licensed practical nurses who are directed by a full-time R.N. The facility must also have a physician on staff'or on call. The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs. Surgery 51 JAN 2 LJ997 I Any operative or diagnostic procedure performed in the treatment of an injury or illness by instrument or cutting procedure through any natural body opening or incision. Third Surgical Opinion Examination by a physician who is certified by the American Board of Medical Specialists in a field related to the proposed surgery to evaluate the medical advisability of undergoing a surgical procedure. Total Disability (Totally Disabled) The inability to perform all the duties of your occupation with Collier County Government or any other type of work for wage or profit as the result of a non-occupational illness or injury. A dependent will be Considered totally disabled if, because of a non- occupational injury or illness, he or she is prevented from engaging in all the normal activities of a person of like age who is in good health. Usual dnd Customary Charge The charge most frequently made to the majority of patients for the same service or procedure. The charge must be within the range of the charges most frequently made in the same or similar medical service area for the service or procedure as billed by other physicians or practitioners. See benefit year. 52 JAN '2.1 1997 Name And Address OfT'he Plan Sponsor Collier County Board of'County Co. mmissioners 3301 East Tamlani Trail Naples, FL 341 i 2 (94 I) 774-8461 Name And Address Of The Plan Administrator Collier County Board of County Commissioners 3301 East Tamiani Trail Naples, FL 34112 (941) 774-8461 Name And Address Of The Designated Agent For Service Of Legal Process County Attorney of Collier County 3301 East Tamiani Trail Naples, FL 34112 (941) 774-8461 Name And Address Of The Plan Trustees Collier County Board of County Commissioners 3301 East Tamiani Trail Naples, FL 34112 (941) 774-8461 Internal Revenue Service And Plan Identification Number The corporate tax identification number assigned by the Internal Revenue Service is 59-6000558. The plan number is 213. Plan Year The plan year is the 12-month fiscal period for Collier County Government beginning October I and ending September 30. Method Of Funding Benefits 53 Health benefits are self-funded from accumulated assets and arc provided directly from the plan sponsor. Thc plan sponsor may purchase excess risk insurance coverage which is intended to reimburse the plan sponsor for certain losses incurred and paid under the plan by the plan sponsor. Such excess risk coverage, if any, is not part of the plan. Payments out of the plan to health care providers on behalf of the covered person will be based on the provisions of the plan. Collective Bargaining Agreement This plan is maintained pursuant to one collective bargaining agreement. A copy of the collective bargaining agreement may be obtained upon wrirten request to the plan administrator, who may make a reasonable charge for the copy, and it is also available for examination by' participants and beneficiaries at: Ochopee Fire Department 3301 East Tamiani Trail Naples, FL 34112 54 I JAN 2 I _1997 RECO.X~NDATION TO APPROVE MANAGEMEN'r FL~'D (521). A BLq::)GET AMENDMENT RECOGNIZING CARRY FORWARD IN FLEET OBJECTi'VE: To obtain approval from the Board for a Budget Amcndmcn! recognizing and appropriating F'Y96 cam' fomard of S66.000 in Fleet Management Fund (521). CONSIDERATIONS: A budget amendment is required to cover tile cost of Ibc follow, lng: (l) Office Technnln~v Mndernizalinn - Fleet Management is scheduled ~o complete tl~e Count' o~cc Icchnoto~. modernization program in thc near fi, urc. As a result, unbudgeted expenditures ~ill be required computer hard~arc and sofi~arc. &~inng and rela~ed expenses. Expenditures ~ill include SIg.4JI for ~iring costs ~o cmcr Ihe hcili~' and computer sen'er hard~arc and sofl~arc ~o connect ~ ilh Ibc Cotm~' Wide Area Network ~hcse costs split 50/50 ~ith tile Transportation DcpanmenO. Wiring. hardware, software, and training for tl~e Fleet Management L~al Area Nemork (LAN3 ~ill cosl an estimated $33.125. LAN inslalladon ~ill encompass purchase of one scm'er ($15.~3 four ~orkstadon compulcrs and a mechanic u orksladon ~noni~or ($11.934). mo printers ($9~3). sofl~vare ($1~75}. ~s~cm uifing ($1400). and operalor Iraining ($125~). Existing comp,tots x, ill be used al d~rce mechanic ~'orksladon Icnninals now sen'iced by "dumb" terminals. The new computers and sofia,'are ~ill be compaliblc and required for fl~c new release d~is spring of ,lc K4.~ER automated flcc~ management ~'s~cm (ln ,se by Iht Co,n approximalcly $30.000.). The lolal COSl of m~cmizing ~he Fleet Management m,omadon $42.345 by tl~e lnrom~ation Tcchnolo~-Department. · (2) Building Improvement,. The ~tclding shop uiddn Ihe maintenance bays o~ Flecl Managemen~ has been identified as a sa~c~, hazard due to i~s proximi~. 1o od]er employees and ils proximib, 1o flammable materials in [l~e maintenance o~radon area. The welding shop also ~cupics a maintenance bay ~hich is critically needed by Flccl Mana~cmcnt due Io flcct expansion over ~l~c years. A welding area can ~ economically consm~cted at t~e east end'o~ d~c Fleet Managcmem ~3cilib.' a,achcd to ibc building. The sl~clur¢ will consis~ ora concrclc pad. ah,ninum pan roof cover, aluminum shed for securi~. of equipmcnk and associated eleclfical tdring al an cslimalcd cost of 54.150. (3) Building Repair & Maintenance - Addilionnl fi~nds are also necdcd for unprogrammcd building maintenance cx~nses including front door rcplaccmem, bay door repair, exhaust fan inslnlh, ion. and maintcna,ce bay floor Ircatmcnt. An amendment of S8.200 is nccdcd to cover [hcsc expenses. FISCAL IMPACT. Thc car~' fomard of fl~cse fimds *~ill assist in completion of d~c above projecls and ~ill increase net appropriations as follmvs: 521-122410 521-122410 521-122410 521-919010 Data Processing Equipment~ir~g, So.ecu'are, Amount $42.400 TraLnL~ Building hnprovcmcnts Amounl $ 4.150 Building R&M - I.S.F. Billings Amount $ 6.200 Rescr~ e for Contingencies Amotmt $13.250 GROWTH MANAGEMENT i'.'MPACT: None, REV)EWED BY: Z¢7SkFp Camp. Facilities Management Director REVIEWED BY: Leo'Ochs. Support.,. SeQ.ic~s Administratsr~ R ECO,M,MENDATION: Th;at thc Board. of County Commissioners approve a Budge! Antcndmcnt recognizing cam' fomard as described herein. ~ / .,~,. ,~ . . · //% /- ~ Date: JAN 2 1 1997 i / _J Vendor , I I I Part. Number 'Exte~'~d' Cost Order Date 'Deli~'e~"D ate JAN 2 1 1~7 I ~0~:0 "7 i ~ ~'~ ~ ~¢~ ~" ~1 · Part Number Quantity 'U-"~'~ Price Extended Cost Order Date 'beli~'ery Date i I~COI~.~'D~XON 'Z"BAT ~r~ BO~MLD OF CO~ COI4HXSSZ~H'ERS ~M)pROVE & BUD~E~ ~~'~ WIT~r~ ~n.~ CLA~ BAY ILESTORJ, TION FUND OBJECT~3~: That the Board of County Coe~issionars approve a budget amendment within the Clam Bay Restoration Fund (320) to reappropriate the balance of funds required to complete the Clam Bay restoration plan initiated in Fiscal Year 1996. This plan is being prepared by the T. R. Brown Company and Dr. Hillbu=n Hllleatad. CONSIDERATION: On August 13, 1996 (agenda item 8E6) the Board of County Commissioners authorized the procurement of services with T. R. Brown Company and Dr. Hlllburn Hlllestad to assist in the develo~ent of a Clam Bay restoration plan. The Board &ction also authorized an agreement with Communities to fund one-half of the cost of the Clam Bay restoration plan. The $85,000 agreement was funded with a $42,S00 contribution from WCI Communities and a $42,500 transfer from Pelican Bay Services Fund (109). The chart below identifies the budgeted and actual revenues and expenses associated with this contract, as well as the variances from the budget. ExDens~ FY 96 B~dqe~ FY 96 ACtUa~ Variance T. R. Brown contract $85,000 $20,000 $65,000 ~evenues FY 96 Budaet FY 96 Actual Varia~c~ WCI Contribution $42,500 $10,000 ($32,500) Transfer (109) $42,500 $42,500 0 Total Revenues $85,000 $52,500 ($32,500) Carryforward (Rev.-Exp.) $0 $32,500 As identified above, actual FY 96 expenses on this contract were only $20,000. Budget authorization for this contract lapsed with the close of FY 96 (September 30, 1996) as a purchase order was not opened for the full contract amount. The balance of work remaining amounts to $65,000 to be funded by the available carryforward of $32,500 and by recognizing the $32,500 balance of the WCI Communities contribution. JAN 2 I 1997 ~ / Cla~ Bay Restorat£on ~~ Recognizes and appropriates $32,$00 in available carryfo~ard and $32,$00 in contributions from We! Co~un£tiee in the Clam Bay Restoration Fund (320). This will fund the $65,000 contract balance with ?. R. Brown Company. GROWTH J4:~NAG~ IMPACTz None ~~]~z That the Board of County Commissioners approve a $65,000 budget amendment In the Clam Bay Restoration Fund (320). PREPARED BY~ Michael Smykowski  ~DlrecKor J~me8 p. Ward -'~ -- ./ivision Administrator ~0./~ JAN 2 ! 1 97 BOARD OF CO~TY CO~4ISSIONERS MISCELLANEOUS CORRESPONDENCE January 21, 1997 ~OR BOARD ACTION: Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOF24END APPROVAL. Miscellaneous Items to File For Record With Action As Directed ae Golden Gate Estates Land Trust Committee - October 28, 1996. Referred to BCC. Pelican Bay MSTBV Advisory Committee Agenda - December 16, 1996. Referred to BCC. Parks and Recreating Advisory Board - November 27, 1996 and agenda for December 18, 1996. Referred to BCC. Parks and Recreation Advisory Board Special Meeting Agenda - January 3, 1997. Referred to BCC. AGENDA ITEM q - JAN 1997 EXECUTIVE SUMMARy TO OBTAIN BOARD OF COUNTY COMMISSIONERS APPROVAL FOR THE FAITHFUL PERFORMANCE BONDS OF TWO COLLIER COUNTY MOSQUITO CONTROL DISTRICT COMMISSIONERS PURSUANT TO SECTIONS 388.131 AND 137.04, FLORIDA STATUTES. ~ That the Board of County Commissioners approve and sign the faithful performance bonds for two Collier County Mosquito Control District Commissioners; Keith G. Anderson and John N. Winters. CONSIDERATIONSI Section 388.131, Florida Statutes, requires the Mosquito Control District Commissioners to provide a good and sufficient surety bond in the sum of $2,000.00 for each commissioner, conditioned on the faithful performance of the duties of the commissioners, office. Said section further provides that the cost thereof shall be borne by the Mosquito Control District and that said bond shall be approved and filed in the same manner as that of the Board of County Commissioners. Section 137.04, Florida Statutes, requires the Board of County Commissioners, bonds to be approved by the Board of County Commissioners and the State of Florida Department of State. Bonds for the two Collier County Mosquito Control District commissioners have been reviewed and approved by the County Attorney for legal sufficiency. FISCAL IMPACTS None. The funds for these bonds have been provided by the Collier County Mosquito Control District pursuant to Florida Statutes. GROWTH MANAGEMENT IMPACT~ None. ~ECOMMENDATION~ That the Board of County Commissioners approve and each County Commissioner sign the attached faithful performance bonds for Keith G. Anderson and John N. Winters, Collier County Mosquito Control District Commissioners. County Attorney AGENDA,IT. EM N ?.; Pg. F~R OFFICE USE ONLY Approved by Sccruury of Suu:: BOND OF Collier KNOW ALL MEN BY THESE PRE~EKI~. Tht~ w~, Keith G. Anderson ~ Prmclp~l. md Peerless Insurance Company S~.~I~. we h~ bLnd a~cl~s md ~ of ~ he~. THE CO~DrrION OF THIS OB~OA12ON IS SUCH, Th~. wh~'~.~, said otfd,~ w,,. mn the Fifth __.. d,? ¢.,t November ^.D.. _1996 []-ppota~d i~ekct~d Commissioner, Collier Mosquito Control the ftrs~ Tues4ay · c~tcot~~i~,~ ~ter the fi~: District Board tohold otfic~ until his/h~ s,_-t_¢¢_,sor is NOW. 'I'K!~?~OR~, I~ sdd oflScid sh~ll fU'.hfu!ly ~ ~e dufi~ of ~s~m o~ u ~d~ by hw. ~ ~lig~ is void. (Si~ of Offidd) Si~=~, 19th ~)'ot December ,19 96 (SEAL) Atlonta, Qeorqia 30327 Sedgwick SW Florida (N,me of l~mdm{ ~., C.S. Box 413003. Naules, FL 34101 The ~bove bond ;, aFl, roved t:~ a.y of 19 (Ch2i.-m=,. Bo~i of Count/Corn:v.,'uioner~) CotmD' Commbsion=-~' Sig~ ltsrch 1, 1997 N° 961843 Joseph V. Rare, Jr. and/or Robert T. Benmon, Jr. and/or Robert N. RolCun HApIem ~lor/~a X AG EN DA/,LT,.EIVI/ No. //':'/..~/( JAN 2 ! !997 X ~'ebz'u~z'~ 9th 96 1 9th December AGEN JAN 2 1 1997 Pgo. /7~ AFprovcd by Secretary of Suit: BOND COUNTY OF KNOW ALL MEN BY THESE PRESF_.h'I'S. Th,, w~. John N. Collier Winters ~sPri~ip~l.~ Peerless Insurance Com anp_p_qy- $~~~~~ ~llm. wc h~ ~d ~cl~s ~d ~ of ~ h~. cx~';. THE CONDITION OF THIS OBMGAI~ON IS SUCH. Thu. whcrcu, s~id officid wu. m ~hc __FiFth ~,y ot____.%[93_~ A.D., 1996 · ppol~ ~ek~ Commissioner. Collier Mosc~ito Control District Board tN,,,, el of hi,h= cornn%bajo~ unzil the first Tuesday after the first Monday, 'anu 2001 ('tee., £~'K q~poin~xi ~ q'.~ILficd ~xx~ling to Ibc CoTm.iU~on md IJws of ~he 5',,¢ of Dorids_ NOW, ~RF. If Jaid o~dd LhLU fLkt~LUy pcrfc~m ~¢ du~ie~ ~ hls/~cr o~ce u prcM~ by l~w. si~n~d ,nd ,.j~ mi~ 1 9 th (SEAL) E E X (Signature of .~yof__ December 96 Atlant~ G~ia 30327 C.S.Box 413003 Na~_.N__a.p_~es, FL 34101 The above bond i~ appruv~d fl~ ~ ~.y of__~ 19~. _. Counu Commissioners' (Chai~m~,,,, Board of Coanty Coram~i~) 961844 1997 Joseph ~. g~rt, Jr. ~d/or Robert T. B~ion, Jr. Ind/or Robert 1~. i~olt~m lt~.ples Florida X ,,AGENDA ITEM. - JA;'I 21 1997 Pg. ~ F~bnmz7 95 9th Febru~r~ 96 19th December AGENDA No. J~N 2 1 1997 EXECUTIVE SU~¥ RECOMMENDATION THAT THE BOARD FORWARD NOTICE TO PROCEED TO THE TAX COLLECTOR FOR TAX DEED APPLICATIONS ON THE 1994 COUNTY TAX CERTIFICATES ~: That the Board consider forwarding to the Tax Collector a Notice to Proceed with tax deed applications for county certificates issued in the name of Collier County in 1994. CONSIDERATIONS: As fully outlined in the attached memorandum, the Board is statutorily required to provide the Tax Collector with a Notice to Proceed in order to make application for Tax Deeds for all tax certificates held by the County where the property has an assessed value of $5,000.00 or more. Only 6 of the 203 1994 County held tax certificates have an assessed value of $5,000.00 or more. On January 9, 1996, the Board approved a Notice to Proceed in order for the County to make application for Tax Deeds on all county held tax certificates for 1993, and such Tax Deed Applications have been made for all 1993 county tax certificates. Tax Deed Sales have been held and continue to be held on the various 1993 tax certificates. The Board has been and will continue to be reimbursed for all costs and delinquent taxes plus interest on all county tax certificates. It is important to note that the County recovers not only the specific year of taxes when a tax deed is sold, but also recovers all subsequent years of taxes for those properties (since it is a requirement of the sale) plus interest at the rate of 18% on the delinquent taxes. For example, if taxes are delinquent for 1994, 1995, and 1996 the minimum bid at the Tax Deed Sale will include the taxes for all three years, even though the County had only initiated the notice to proceed for the 1994 Tax Certificate. The County currently holds 203 1994 county tax certificates. Of the 203 certificates, 6 have an appraised value of $5,000.00 or more. Pursuant to Section 197.502, Florida Statutes, the County shall make application for a tax deed on all certificates on property with an assessed value of $5,000.00 or more. Section 197.502, Florida Statutes, provides that the County Day make application for a tax deed on the certificates on property with an assessed value of less than $5,000.00. FISCAL IMPACT: The Application Fee per parcel is approximately $313.00. If the Board decides to take all 203 1994 county tax certificates to Tax Deed Sale, the total application cost is approximately $63,539.00. If the Board decides to take the 1994 tax certificates on property with an assessed value of $5,000.00 or more, which is 6 1994 tax certificates, the total application cost is approximately $1,878.00. There is currently $28,000.00 budgeted for tax deed applications in Account No. 001-013010-649040. A budget amendment in the amount of $35,500.00 AGENDA IT~'U No. JAN 2 1 1997 from General Fund Contingency Reserves, Account No. 001-919010-991000 would need to be approved by the Board to take all 203 1994 County tax certificates to Tax Deed Sale. ~ROWTH ~ANAG~ENT I~ACT: None RECO~ENDATI0~: That the Board of County Commissioners forward a Notice to Proceed to the Tax Collector for Tax Deed Applications for all of the 1994 Tax Certificates held by the County (203 certificates) and approve the appropriate budget amendment. David C. We£qel ~_) - County Attorney Date: /-iS- 7 DATE: TO: FROM: RE: January 13, 1997 Board of County Commissioners David C. Weigel, County Attorney County Held Tax Certificates; January 21, 1997 Agenda Item Real estate taxes are payable on November i of each year and, if not paid by April i of the next year, the taxes become delinquent. The Tax Collector, after publication of the Delinquent Tax List, conducts a sale of tax certificates on the delinquent tax parcels. Section 197.432, Florida Statutes, provides that if there is no buyer of a tax certificate, the tax certificate is issued to the county at the maximum rate (18%) of interest. Section 197.502, Florida Statutes, states that the County shall make application for a tax deed on all certificates on property with an assessed value of $5,000.00 or more 2 years after April 1 of the year of issuance of the certificates. The Florida Statutes also set forth a limitation on liens of tax certificates and provide that after the expiration of 7 years from the date of issuance of a tax certificate, if a tax deed has not been applied for and there is no other administrative or legal proceeding of record, the tax certificate shall be null and void and the Tax Collector shall cancel the tax certificate. On January 9, 1996 the Board of County Commissioners approved making Tax Deed Application for all tax certificates held in the name of the County for 1993. Tax Deed Applications have been made on all of the 1993 county held tax certificates and tax deed sales have been and are continuing to be held on these tax certificates. On October 3, 1996, Guy Carlton, Collier County Tax Collector, notified the Board of County Commissioners, pursuant to Section 197.502, Florida Statutes, of all Tax Certificates held in the name of the County that were eligible for the County to make application for Tax Deed (a copy of the Tax Collector,s letter is attached). An update of the October 3, 1996, letter indicates that of the 248 certificates for 1994, there are 203 unpaid outstanding certificates that are not pending under a tax deed application. It is recommended that the Board of County Commissioners authorize tax deed applications for the 203 tax certificates presently held by the County for 1994. J!.,N 2 1 F~,. Page 2 The statutory procedure for the County to make application for Tax Deed is as follows: a) b) The Tax Collector gives Notice to the Board of all tax certificates held by the County which are now subject to tax deed application (Tax Collector's letter of October 3, 1996). Pursuant to Section 197.502, Florida Statutes, we are concerned with all tax certificates held by the County for more than 2 years, which in this case are only the 1994 tax certificates. The Board of County Commissioners gives written Notice to Proceed to the Tax Collector to proceed with a Tax Deed Application for the tax certificates held by the County, accompanied by a check in the amount of $65.00 per certificate for title search, and pursuant Section 197.502, Florida Statutes, the Tax Collector shall be allowed a tax deed application fee of $15.00 per certificate. c) d) The Tax Collector files the application for Tax Deed with the Clerk on behalf of the County. The County deposits the following fees and costs with the following entities when the Notice to Proceed is given to the Tax Collector: l) Tax Collector - $75.00 per tax certificate for title search. 2) Tax Collector's Application Fee - $15.00 per tax certificate. 3) Clerk - Fees for processing the application after . the title search is completed by the Tax Collector. a) Clerks Fees - $60.00 per parcel for processing application (includes sale, issuance of Tax Deed, preparation of Deed and disbursement of funds). b) Advertising Cost - approximately $108 00 per parcel. ' c) Mailing costs - approximately $25 00 per parcel. ' AGEN Page 3 e) f) g) d) Sheriff Service - $40.00 per parcel. Total fees per parcel are approximately $313.00. The Tax Collector prepares and furnishes to the Clerk for each parcel a certificate showing a list of all tax certificates owned by individuals, all county owned tax certificates, all omitted years' taxes and the amount of interest earned by each tax certificate or omitted years' taxes as of the date of the tax deed application. Upon receipt of a completed tax deed application, the Tax Collector shall have an abstract or title search made which provides the ownership and encumbrance reports for a minimum of 20 years for each parcel, a list of all tax certificates and omitted years' taxes on each parcel of property, and the names and addresses of all persons or firms that the Clerk is required to notify prior to the tax deed sale. The Clerk then provides Notices, Advertising, Mailings, Delivering and Posting of Notices of the Tax Deed Sale. h) A Public Tax Deed Sale is then held: i) 1) A Tax Deed is issued immediately upon receipt of full payment of all applicable fees, costs, the amount of taxes owed, interest on the taxes, and all tax collector's fees. 2) If no bids are received at the Tax Deed Sale, then the property goes on a "List of Lands Available for Taxes". 3) The county can purchase the property on the "List of Lands Available for Taxes" after 90 days, for the opening bid amount. 4) If the property on the "List of Lands Available for Taxes" is not purchased after 7 years, then the land becomes County property. The Clerk immediately disburses the monies collected from the tax deed sale to the Tax Collector. The Tax Collector then issues checks to the Board of County Commissioners for reimbursement of the costs and the taxes recovered less the Tax Collectors fee, plus the 18% interest on the tax certificates. Page 4 The 1994 tax certificates were issued to the County on May 27, 1994, therefore, the Board of County Commissioners should take appropriate action to provide the Tax Collector with a Notice to Proceed and make application for tax deeds for all of the 1994 county held tax certificates. DCW/esc Attachments cc: Guy Carlton, Tax Collector COLLIER COUNTY TAX COLLECTOR COURTHOUSE - aLIX~. Co! (g4Z) OCTOBER 3, 1 996 HONORABLE JOHN C NORRIS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY GOVERNMENT CENTER BUILDING F NAPLES, FL 34112 DEAR CHAIRMAN NORRIS: FLORIDA STATUTE 197.502 STATES THAT THE COUNTY SHALL MAKE APPLICATION FOR TAX DEED ON ALL CERTIFICATES ON PROPERTY VALUED AT $500 OR MORE ON THE PROPERTY APPRAISER'S ROLL, EXCEPT DEFERRED PAYMENT TAX CERTIFICATES, AND MAY UAKE APPLICATION ON THOSE CERTIFICATES ON PROPERTY VALUED AT LESS THAN $500 ON THE PROPERTY APPRAISER'S ROLL, TWO YEARS AFTER APRIL I OF THE YEAR OF ISSUANCE OF THE CERTIFICATES. A SUMMARY OF TAX CERTIFICATES SO INVOLVED FOLLOWS: 1990 199I 1992 1993 CERTIFICATES - TAX YEAR 1989 INITIALLY ISSUED - JUNE 1990 REDEMPTIONS, CANCELLATIONS & T.D.A. 'S AS OF 9-30-96 DEFERRED C.TRTIFICATES - TAX YEAR 1990 INITIALLY ISSUED - MAY, 1991 REDEMPTIONS, CANCELLATIONS & T.D.A. 'S AS OF 9-30-96 BANKRUPTCY D EF ER R ED CERTIFICATES - TAX YEAR 199I INITIALLY ISSUED - MAL 1992 REDEMPTIONS, CANCELLATIONS & T.D.A.'S AS OF 9-30-96 BANKRUPTCY DEFERRED CERTIFICATES - TAX YEAR 1992 INITIALLY ISSUED - MAY, 1993 REDEMPTIONS, CANCELLATIONS & T.D.A. 'S AS OF 9-30-96 BANKRUPTCY DEFERRED 2,640 $ 91,029.69 2, 639 84, 019.56 1 7, 010.13 3,282 S200, 003.75 3,241 1 72, 031.27 38 2, 442.13 3 25,530.35 -0- -0- 2, 947 $189, 493.79 2, 922 155,488.25 20 1,057. 40 4 32, 913.41 I 34.73 2, 036 2,029 $113,618.31 82, 060.98 I8.09 2 1 ;297 1994 CERTIFICATES - TAX YEAR 1993 INITIALLY ISSUED - MAY, 1994 REDEMPTIONS, CANCELLATIONS & T.D.A.. 'S AS OF 9-30-96 BA NKR UP TC Y DEFERRED 1,183 929 2 4 248 63,561.88 38, 352.36 65..29 18,584..20 6,560.03 THE AFOREMENTIONED REMAINING TAX CERTIFICATES ARE IN OUR VAULT.. GLC/rej COPIES: HONORABLE TIMOTHY L HANCOCK - DISTRICT TWO HONORABLE TIMOTHY J CONSTANTINE - DISTRICT THREE HONORABLE PAMELA S MAC'KIE - DISTRICT FOUR HONORABLE BETTYE J M~TTHEWS - DISTRICT FIVE DAVID WEIGEL - COUNTY ATTORNEY ERNESTINE COUSINEAU - LEGAL ASSISTANT AGENDA I~',,,~