Agenda 12/11/2012 Item #16A 6W
12/11/2012 Item 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of site improvements associated with the
Site Development Plan (SDP) for Youth Haven, (AR#13286) pursuant to Section 10.02.03.B.2.g of
the Collier County Land Development Code.
OBJECTIVE: For the Board of County Commissioners to approve an extension for the completion of
site improvements associated with the Youth Haven Site Development Plan.
CONSIDERATIONS: On January 13, 2009, the Engineering Services Department approved the final
(SDP) for Youth Haven. A copy of the original approval letter is attached. The Land Development Code
requires that upon approval by the Engineering Services Department, an owner must complete
construction of the site improvements within 36 months unless an extension is formally requested and
granted by the Engineering Services Department. Work has not yet commenced on the project. Had the
property owners requested extensions to complete the work, the extensions would have been granted as
standard operating procedure. The property owner has requested an extension of their approval from
January 13, 2012 through January 13, 2014. Therefore, the site improvements must be completed prior to
January 13, 2014, or an additional extension must be requested and approved prior to the new expiration
date.
The property owner has paid all of the past fees which would have been paid for normal extensions.
All fees associated with the original approval have been paid.
FISCAL U%IPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 -- Land Development Services
Revenue generated by this project: Total: $600.00 Extension Fee
GROWTH MANAGEMENT E%IPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this
Executive Summary for legal sufficiency. This item requires a majority vote. - ERP
RECOMMENDATION: Recommendation to approve the extension application for Youth Haven,
(AR# 13286) subject to the recommendations of the approval letter of January 13, 2009.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Engineering Services, Growth Management
Division, Planning and Regulation
Attachments: 1) Location Map; and 2) Approval Letter
Packet Page - 2174-
12/11/2012 Item 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve an extension for completion of site improvements associated with
the Site Development Plan (SDP) for Youth Haven, (AR #13286) pursuant to Section
10.02.03.B.2.g of the Collier County Land Development Code.
Meeting Date: 12/11/2012
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
10/31/2012 1:10:48 PM
n Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/1/2012 4:20:10 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 11/21/2012 11:38:53 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/26/2012 11:10:05 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/27/2012 4:12:39 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/28/2012 9:41:06 AM
Name: KlatzkowJeff
Packet Page -2175-
Title: County Attorney
Date: 11/29/2012 1:29:32 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/2012 2:05:33 PM
Packet Page -2176-
12/11/2012 Item 16.A.6.
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Section 5
Correspondence
(Legal, Final Approval Letters And Attachments)
Processing Letters,
Routing Sheets,
Pre -Ap Notes,
Simultaneous Review Slip,
Sfwmd Approval Letters
Project No:
Project Name:
YOUTH HAVEN
BOX## 2492153
2008020022
Application No: SDP - 2008 -AR -13286
OLD SDP NO:
'Approval Date: 1/13/08
Township: 50S
Range: 2-
Section: 17
ODES OPS / SCN 009
July 18, 2003 ( Version 1 / Revision 0)
V';
COLLIER COUNTY GOVERNMENT
-- �� UUMNluiv FY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Engineering and Environmental Services
January 13, 2009 2800 North Horseshoe Drive • Naples, Florida 34104
GAVIN GILLETTE
DAVIDSON ENGINEERING, INC
3530 KRAFT RD, SUITE #301
NAPLES FL 34105
(239)434 -6060
Re: Final Site Development Plans Approval
SDP- 2007 -AR- 13286, YOUTH HAVEN
Project Number: 2008020022
Dear Mr, Gillette:
SDP - 2008 -AR -13286 REV' 3
YOUTH HAVEN
PRO.IECT:2008020 22 1/23/09
DATE: 12/22/08
THIS IS YOUR PERMIT AND MUST BE POSTED ONSITE!
Engineering and Environmental Services Department has reviewed the Final Site Development
Plan for the referenced project and has no objection to the construction of water, sewer, paving
and drainage aspects of the project subject to the following stipulations:
By receipt and acceptance of this approval, the petitioner acknowledges that a pre - construction
meeting is required by code for this project. If the pre- construction meeting is not held prior to the
beginning of construction, the project will be cited and shut down until the required meeting is
held. Please call the Engineering Inspections Supervisor at 239- 252 -2403 to schedule , a
pre - construction meeting at a minimum of 48 hours prior to the start of construction. Even with an
Early Work Authorization a pre - construction meeting is required.
General Conditions
• CHANGES IN USE AND /OR DESIGN OF THESE SITE AND ACHITECTURAL PLANS
ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY.
CHANGES SHALL REQUIRE RE— REVIEW IN ACCORDANCE WITH ALL CURRENT
COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION,
ENVIRONMENTAL REQUIREMENTS AND THE LIKE.
• A preliminary inspection and approval of the infrastructure for multi- family residential must
be done by Engineer Inspections prior to any Certificate of Occupancy being granted.
• Permits from other agencies having jurisdiction over this project shall be obtained prior to
start of construction.
• Please call Mr. Rudy Moss at (239) 252 -2391 to schedule a pre — construction meeting a
minimum of 48 hours prior to start of construction.
C o L r i7 i E r �i o H ri t y
Phone (239) 252.5866 Fax (239) 252 -6201 www.colliergov.net
a
IT
Page 2
• This Final Site Development Plan is approved conditionally upon the Waiver and Release
executed by the Owner with respect to Collier County Ordinance No. 93 -82 for Adequate
Public Facilities. Be advised that building permits cannot be issued for this property until a
Concurrency Certificate is issued.
• All construction activities permitted by this letter shall only occur during the following times:
• 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and
the following holidays:
• New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas
Day
• The review and approval of these improvement plans does not authorize the construction of
required improvements, which are inconsistent with easement of record.
• Upon completion of the infrastructure improvements associated with a site development
plan, and prior to the issuance of a certificate of occupancy, the engineer shall provide a
completion certificate as to the improvements, together with all applicable items referenced
in Section 10.02.04 of this code including electronic disk. Upon a satisfactory inspection of
the improvements, a certificate of occupancy may then be issued.
Zoning Conditions
• SIGNAGE RESTRICTIONS: Please be advised that any permanent sign (wall, ground,
monument, directory, etc.) requires a separate building permit and must meet the provisions
of the Collier County Land Development Code, Section 5.06, and /or the applicable
provisions of the governing Planned Unit Development (PUD) document, regardless of any
sign placement, dimensions or color depicted on the site and /or architectural plans
approved by this letter.
• All PUD related stipulations shall apply to this project.
Utility Conditions
• "APPROVAL OF THESE PLANS DOES NOT CONSTITUTE APPROVAL OF THE
METER SIZE. SIZING OF THE METER SHALL BE DONE WITH THE APPROVAL OF
PUBLIC UTILITIES ENGINEERING DIRECTOR OR HIS DESIGNEE, BASED ON
DOCUMENTATION RECEIVED FROM THE ENGINEERING OF RECORD. THE METER
DETAIL SHALL BE SUBMITTED TO ENGINEERING REVIEW SERVICE FOR
APPROVAL PRIOR TO INSATLLATION ".
• No water or sewer utility construction shall commence until proper DEP permits have been,"
obtained.
M
y
fI
Page 3
subdivision Conditions
• All work shall be in accordance with applicable Collier County ordinances and rules and
regulations of other entities having jurisdiction over the project.
Environmental Conditions
• Site clearing is conditioned to the stipulations contained on the approved plans.
• Required permits for listed species relocation must be provided to staff at the
pre- construction meeting.
• Silt fencing must be installed prior to any mechanical clearing.
• Exotic vegetation must be removed prior to preliminary acceptance as required on the
approved plans.
Water Mana ement Conditions
• All work shall be in accordance with applicable State or Federal rules and regulations
• Work area shall be properly barricaded with hay bales and /or silt screens during the entire
time of construction, to prevent any siltation during construction.
• The engineer of record, prior to issuance of a Certificate of Occupancy, shall provide
documentation from the stormwater maintenance entity that it has been provided
information on how the stormwater system works and their responsibility to maintain the
system.
• This project was not permitted by SFWMD.
• Whether or not this project was permitted by SFWMD, dewatering shall not occur without a
dewatering permit from the South Florida Water Management District"
Addressing Conditions
• Pursuant to Ordinance No. 07 -62, no proposed subdivision, street, building, condominium
or development may utilize the same name or a similar sounding name as any existing
subdivision, street, building, condominium or development, except that the major street within a
subdivision may utilize the name of the subdivision. Any changes to the project name shall be
reviewed and approved by Community Development and Environmental Services Addressing
Section.
N
Page 4
Landscaping Conditions
• At the time of Preliminary Acceptance the Landscape Architect shall certify that he
landscaping has been installed in substantial accordance with the approved plans and
specifications. The certification shall be in a form approved by the County Manager or his
designee.
Fire Protection Conditions
• Please note that prior to the accumulation of combustible building materials on site,
proposed fire hydrants must be operable with the minimum required fire flows and improved
stabilized emergency apparatus access ways (min. 20' wide) must. be available to within
100' of the structures.
• No fire appliances shall be obstructed, visually or functionally, by vegetation.
Additional Conditions:
The Youth Haven administration has been made aware of and acknowledges the risks
involved with moving forward with the construction and implementation of a Stone Water
Management System designed to final LASIP conditions. Due to the limitations of the
existing building floor elevations, the system cannot be designed properly to function in the
poorly drained sub -basin in which the Youth Haven property is located. The administration
also acknowledges, as reiterated by County Staff, that flooding, similar to current
conditions, will likely occur in the wet season until the LASIP project is completed to the
point which allows for proper drainage. Consider this acknowledgement the means by
which Youth Haven can move forward with the proposed expansion project by providing
County Staff the assurance that the administration is cognizant of the drainage issues at
hand.
DEV REV ENGR TRANSPORTATION
The 4" pavement marking lines shown need to be a minimum of 6 ".
DEV REV ENGR UTILITIES
1. All preliminary and final 1 year inspections of water and/ or sewer shall be coordinated through Jodi Hughes
with a 48 hour written notification.
2. An on site pre construction meeting for water / and or sewer is required prior to construction. Contact Craig
Callis @ (239) 252 -2905.
DEV REV ENG TECH COORDINATOR
This project is under Simultaneous Review with building permit (s) No.
Building Permit No. 2008101639
Page 5
DEV REV STORMWATR MGMT
,---,Prior to any site construction Youth Haven will enter into an indemnification or hold harmless agreement with
Collier County to address the potential for impacts resulting from the operation of the project's storm -water
management system. This agreement will be brought back to the BCC for approval.
See attached inspection checklist for SDP improvements.
(4) sets of approved plans, (2) sets of architectural plans and (3) sets of landscape plans are being
returned herewith for your use. Two copies of approved SDP shall be attached to each set of
building plans submitted.
Two M121es of the sta ed a roved Architectural Plans shell be submitted with the
Building Permit Application, lir this is a simultaneous submittal it is the applicant's
res onslbilit insert the a roved architectural plans into the Building Department ermit
set.
Be advised that this approval automatically expires thirty -six (36) months from the date of this letter
pursuant to Collier County Land Development Code Section 10.02.03.
Please call me if you have any questions or need any additional information.
I Sin *zanowski, Stan Ch P.E.
Engineering Review and Inspections Manager
County Engineer
cc: Property Appraiser (w /attach.)
cm Engineering Inspections Supervisor (w /attach.)
Zoning Planning Tech.
Mitch Riley, P.E., Principal Project Manager
CRAIG DAVIS, Project Planner
Customer Services /Addressing (w /attach.)
D.Q.R.
Operations Analyst., Public Utilities Engineering (w /attach.)
Building Review & Permitting (/2 plans Simultaneous Review)
Fire Review
SDP -AR- 13286, (w /attach.)
Engineering Reading File
I
CIVIL ENGINEERING - PLANNING - ENVIRONMENTAL - LAND DEVELOPMENT SERVICES
May 8, 2008
DAVIDSON
ENGINEERING
"In -Take Team"
SDP- 2008 -AR -13286 REV: 1
Collier County Development Services
YOUTH HAVEN
PROJECT: 2008020022
2800 N. Horseshoe Drive
DATE: 5/14/08 DUE: 6/12/08
Naples, FL 34102
Re. Youth Haven
SDP Suhmittal '
1s` Review
Youth Haven is a 17.04 +/- acre multi -use development on Whitaker Road, about 1/3 mile
East of County Barn Road. Youth Haven is the only 24 -hour residential child protection
facility in Collier County. This SDP proposes the addition of two (2) buildings, one (1)
administration building and one (1) maintenance building. These buildings are considered an
accessory use by the Impact Fee Dept. therefore a COA application and transportation impact
fees are not required.
Included for your review are the following:
1. Fifteen (15) signed and sealed Sets of Engineering Plans;
2. Fifteen (15) copies of the completed SDP application;
3. Fifteen (15) copies of the Pre - Application notes;
4. Fifteen (15) copies of this cover letter;
5. Fifteen (l 5) copies of the PUD Document;
6. Seven (7) copies of Landscape and Irrigation Plans;
7. Eight (8) signed and sealed sets of the Architectural plans, including floor plans and
building elevations, tile roof sample, paint chips and catalog sample, for the
Administration Building and the Maintenance Building;
8. One (1) copy of the SDP plans on CDROM;
9. One (1) Notarized Affidavit;
10. Two (2) copies of the Recorded Warranty Deed;
11. Four (4) copies including one (1) original PUD Monitoring Report;
12. Five (5) signed and sealed Engineering Reports, including drainage calculations, pipe
calculations, water and sewer calculations, and water meter fixture form;
13. One (1) signed and sealed Estimated Cost of Construction;
14. Seven (7) copies of the Transportation Impact Statement;
15. One (1) completed and signed Engineering/Stormwater, Utilities, and Engineering
Transportation checklist;
16. One (1) completed Transportation Planning checklist;
3530 Kraft Road, Suite 301 • Naples, Florida 34105 - Phone: 239.434.6060 - Fax: 239.434.6084
i
n
DAVIDSON
ENGINEERING
17. One (1) copy of the Utility Availability Letters from Comcast Cable, FP &L and
Collier County Utilities;
18. Two (2) copies of the Fire Flow Test, performed by East Naples Fire Department;
19. One (1) copy of the Approved Addressing Checklist;
20. One (1) copy of the Fee Calculation Worksheet with check for $30,098.62 payable to
Collier County Board of Commissioners attached;
21. One (1) copy of the completed EIS;
Please do not hesitate to contact us if you should have any questions or require additional
information.
Sincerely,
/ Bn @Ih-do
Gavin Gillette
Project Manager
Cc: Patrick Neale, Youth Haven, Inc.
Z: Waive Prgeet MYwfh Haven 07 -0071 \COIGer CotmtyUn +evi..\$DP Cover I.efta.00t
-2-
Tocia Hamlin
Subject: FW: YOUTH HAVEN
Page I of 1
SDP - 2008- AR-13286 REV:3
__... YOUTH HAVEN
From: Gavin Gillette PROJECT: 200802002
DATE: 12/22/08 DUE: 1/23/09
Sent: Tuesday, December 16, 20084:26 PM
To: 'Foley, William' —
Subject: YOUTH HAVEN
Bill,
Thanks for meeting with us today. I understand that your hands are tied, but greatly
appreciate your efforts to expedite the review if we do end up submitted to the SFWMD.
Please confirm by email that If Collier County issues a permit on the storm water
management system prior to 1/15/09, the SFWMD will not require a General Permit.
Thank you.
Gavin J. Gillette
Project Manager
gavin_avidsonengineerina•com
DAVIDSON
r.t -j riN rraiNc;
w w.davidsonenginon'ns.com
Davidson Engineering, Inc.
3530 Kraft Road, Suite 301
Naples, FL 34105
Phone 239.434.6060 x2962
Fax 239.434.6084
Disclaimer: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s).
Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-
mail or attachments is prohibited.
12/18/2008
,—, f
•
seal s
,.-..,From: SchmittJoseph
.vent: Tuesday, January 13, 2009 8:04 PM
To: lorenz_w; wiley_r; chrzanowski_s; gochenaur r,
seals
Cc: Tim Hancock
Subject: RE: Youth Haven 13286
Bill
The Board approved the proposal for staff to approve the plan per post LASIP
design. Robert has the language that is to be attached to the approved SDP
and the stipulation guidance to be put in the approval letter related to the
requirement for the hold harmless agreement that must be approved by all
parties prior to the issuing of the notice to proceed.
Thanks you all for the hard work.
Yoe
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office -- (239) 252 - 238512390
cell -- 595 -9751
"Balancing the demands of growth and the demands of the community"
rom: Tim Hancock [mailto: Tim. Hancock @davidsonengineering.com]
Sent: Tuesday, January 13, 2009 10:29 AM
To: SchmittJoseph
Cc: lorenz_w; ashton_h
Subject: FW: Youth Haven 13286
Hello again Joe.
Heidi Ashton worked this morning to draft a "hold harmless" agreement for
Youth Haven which we see as fine. We will have the document executed by
1
40
SDP- 2008 -AK -13286 KEV:1
YOUTH HAVEN
PROJECT: 2008020022
DATE:
5 /14/08 DUE :6/12/08
-----------------
------ - - - - --
Al i
afternoon's discussion. We also �.... fine with 'the language worked out
this
with staff that states the following:
d with moving forward with the
"The Youth Haven administration has been made aware of and Management
acknowledges the risks mvo
construction and impleme�nASIP conditionsto Due otthe limitations ot
System designed to fins
the existing building floor a )oHy o drained system basinain which he Youth
properly to function in the poorly dra
Haven property is located. The administration simil altoo current co conditions,
reiterated by County Staff that flooding, ro ect is completed
will likely occur in the wet season untrot e drainage. Consider this
to the point which allows for p p
the means by which Youth Haven can move
acknowledgement project by providing County Staff
forward with the proposed expansion
the assurance that the administration is cognizant of the drainage
issues at hand, two tt
iings M question is "how would you like these a sh et change out with the language
approval?" We can certainly prepare a in an exhibit and call it Exhibit 'A'
shown or we could put the above languag roval letter. We could then attach a
and it could be referenced in the SDP sop al letter as Exhibit'B' which could
copy of the "hold harmless" to the app
also be referenced. This may be easier that m sheets
for Danellde•ing
"switch outs" which earlier this week became problematic and the "hold harmless"
I think referencing the above language as Exhibit'A
agreement as Exhibit 'B' in the pre - approval letter would be the simplest
approach. If you agree, we will prepare both documents and e-mail them to
Bill this afternoon for inclusion. What do you think? Thanks Joe,
Tim Hancock, AICP
Director of Planning
Tim davidsonen ineerin .corn
R� !1 SON
January 12, 2009
Collier County
In -Take Committee
Summer Araque
Re: Youth Haven
(Project No 07 -068A)
Dear Summer,
•
SDP- 2008 -AR -13286 REV:1
YOUTH HAVEN
PROJECT: 2008020022
DATE: 5/14/08 DUE: 6/12/08
Arckcdural
Land Design
Incorporated
Enclosed you will find (9) signed and sealed revised Littoral plans for the Youth Haven
project. These plans reflect the comments made on Friday, January 9, 2009. Please
insert this plan into the set for its approval today.
If you should have any questions, or comments, please feel free to call our office. Thank
you for your consideration.
Sincerely,
Christian Andrea, ASLA
Landscape Architect
Attached: (9) s/s — TB delivered
Dwg. File Name Date
0.4 07- 068A -O.Oe 01.11.09
�1
L A N D S C A P E
AR C H I T E C T U R E
•
January 8, 2009
Davidson Engineering
Attn: Gavin
3530 Kraft Road, Suite 301
Naples, FL 34105
Tel: (239) 434 -6060
Fax: (239) 434 -6084
Re: Youth Kasen
(Project No 07 -068A)
Dear Gavin,
'An
ArchiLtcdral
Land Dc Bi n
Incorporated
SDP - 2008 -AR -13286 RFV= 3
XOUTN HAVEN
PROJECT; 2008020022
DATE: 12122/08 DUE: 1/23
Enclosed you will find (10) signed and sealed revised Littoral plans for the Youth Haven
project. If you should have any questions, or comments, please feel free to call our
office. ^
Thank you for your consideration.
Sincerely,
Christian Andrea, ASLA
Landscape Architect
Attached: (10) s/s — Picked up
Dwg. File Name Date
0.4 07- 068A -O.Oc 01.08.09
^
L A N D S C A P . E A R C H I T E C T U R E
2780 S. Horseshoe Drive • Suite 5 Naples, FL 34104 • Tel. 239.430.1661 - Fax. 239.430.1664
E -Mail: Desimn @mvlandscapearchitect.net • License No. LA0001178 • Corporate License No. LC26000259
^ Sec. 22 -112. Construction requirements for excavations.
All requirements of the South Florida Water Management District, Permit Information
Volume IV, along with the following requirements, shall apply to all excavations.
(1) Setbacks. Excavations shall be located so that the control elevation contour -of the
excavation shall adhere to the following minimum setback requirements: Exception,
where an excavation crosses common parcel or property lines, the setback requirements
are exempt at the contiguous property lines.
a. Fifty feet from the right -of -way line or easement line of any existing or proposed,
private or public, street, road, highway or access easement. Exceptions to the above-
referenced setbacks may be developed and shall be subject to fmal approval by the
development services administrator or his designee. Said exceptions shall be based upon
recognized standards for traffic engineering and road design (AASHTO and/or Manual of
Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
Highways, State of Florida) and shall incorporate such factors as road alignment, travel
speed, bank slope, road cross section, and need for barriers. However, lakes immediately
adjacent to "T intersections" shall be located based on a specific design analysis by the
applicant's engineer which provides for safety and traffic considerations at the
intersection.
b. Fifty feet from side, rear, or abutting property lines, except where the excavation
is located in agriculturally or industrially zoned districts abutting a residentially zoned
district, the setback shall be 100 feet from the residentially zoned property. Exceptions to
these setbacks may be granted if the following criteria are met: installation of proper
fencing (minimum four feet chain link), berms, walls, or other engineered protective
^ measures for the portion of the property line within 100 feet of the lake. The minimum
setback from any property line to the control elevation contour shall be 20 feet.
C. From jurisdictional wetlands setbacks will be determined using standards set by
SFWMD.
(2) Side slopes. The finished side slopes of the excavated area, expressed as the ratio
of the horizontal distance in feet to one foot of vertical drop, shall be as follows:
A maximum four to one slope shall be graded from the existing grade to a breakpoint at
least ten feet below the control elevation. Below this breakpoint, slopes shall be no
steeper than two to one.
a. All governing side slopes shall be considered from 20 feet outside the control
elevation contour of the resulting excavation.
b. If rock, homogenous to the bottom of the excavation, is encountered at any
elevation above the breakpoint, then the remaining slope below the breakpoint shall be no
steeper than 0.5 to one. If said homogenous rock is encountered below the breakpoint,
then the slope below the breakpoint shall be no steeper than two to one to the rock
elevation, and no steeper than 0.5 to one from the rock elevation to ten feet below the
control elevation.
C. In the event that property where a commercial or exempt agricultural excavation
was previously excavated is rezoned/developed for uses other than agriculture, the
excavation shall be modified to the standards for development excavations in accordance
with the requirements of section 22- 112(b) proper, or other criteria as may be more
stringent.
A
-e
d. Exceptions to the side slope requirements that may be justified by such ^
alternatives as artificial slope protection or vertical bulkheads shall be approved in
advance by the engineering review services department director, where justification shall
be documented in a design analysis prepared by a professional engineer registered in the
State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline
length. Exception to the breakpoint depth may be granted by the engineering services
department based on historical water elevation data.
e. No building construction permits will be issued for any proposed construction
around the perimeter of any excavation where the minimum clearance between the
excavation top-of-bank and the proposed building foundation is less than 30 feet, unless
and until all side slopes adjacent to the proposed construction have been completed and
approved by the county manager or designee. Exceptions to this requirement will be
made in those instances where the perimeter of the excavation will be bulkheaded in
accordance with the provisions of section 22- 112(b)(4).
f. No building construction permits will be issued for any proposed construction
around the perimeter of any excavation where the minimum clearance between the
excavation top -of -bank and the proposed building foundation is less than 30 feet, unless
and until all side slopes adjacent to the proposed construction have been completed and
approved by the county manager or designee. Exceptions to this requirement will be
made in those instances where the perimeter of the excavation will be bulkheaded in
accordance with the provisions of section 22- 112(b)(4).
(3) Depths. Unless site conditions, water quality or soil information indicates
otherwise, the excavation depths as measured from the permitted control elevation shall ^
be as follows:
a. Maximum. Private and development excavations shall not exceed 20 feet in depth
unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x
(mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be
computed as follows: (A +B) /2 where "A" is the average length parallel to the long axis of
the excavation and "B" is the average width of the excavation as measured at right angles
to the long axis.
Commercial excavations shall not exceed 20 feet in depth unless otherwise supported by
the "fetch formula," or if it can be shown from a comparative water quality study that
depths in excess of 20 feet will not, because of aquifer conditions or relative location to
coastal saline waters, have a detrimental effect on the groundwater resources in the
surrounding area.
b. : Minimum. In order to assure that unsightly conditions or undesirable aqu tt .
gro ?� will not occur in wet retention areas during the dry season ofthe yearr;�tlie bottxim
elevation of these excavations shall be at least six feet below dry season water table,
unless the portion of the lake in question is a littoral zone .planting�area
C. Over- excavation. In those instances where the excavator over - excavates the depth
of the excavation by more than an average of ten percent, written justification shall be
submitted to the county manager or designee by the project's surveyor /engineer providing
an assessment of the impact of the over - excavation on the water quality of the
excavation. If, upon review of the assessment statement by the county manager or
designee and environment advisory council, the increased depth is found to be
unacceptable, the permittee shall be required to fill the excavation to the permitted depth
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with materials and methods approved by the county manager or designee. If the depth is
deemed acceptable by the county manager or designee and approved by the
environmental advisory council, a penalty will be against the permittee for the volume of
over- excavated material. The penalty shall be set by resolution for each additional cubic
yard of excavated material.
(4) Fencing. If, at any time, the county manager or designee finds that the location
and conditions of an excavation are not in, or able to be brought into, compliance with all
requirements of this article, the excavation shall be buffered with a minimum of a six-
foot -high fence with "No Trespassing" signs as deemed appropriate by the county
manager or designee to deter passage of persons.
(5) Hours of operation. Hours of equipment and blasting operations shall be
regulated by appropriate county ordinance and state laws. Unless otherwise approved by
the county manager or designee, all excavation operations with the exception of
dewatering pumps, which are within 1,000 feet of developed residential property, shall be
limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Hours of operation for private and for commercial excavations located in estates zoning
districts shall be 7 :00 a.m. to 5:00 p.m., Monday through Friday. Additionally, such
excavation operations shall be in compliance with any and all county ordinances which
establish operating controls by hours, days, noise level, or other parameters relating to
public health, safety and welfare.
(6) Restoration. Upon completion of the excavation operation, the subject property
shall be restored as required by the 1986 State of Florida Resource Extraction
Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable
^ rehabilitation of the total disturbed area where the resource extraction has occurred, and
shall meet the reclamation performance standards established by the state. All disturbed
areas, including the excavation side slopes above the control elevation contour and a 20-
foot wide area around the entire perimeter of the excavation, measured from the control
elevation contour, shall be sodded or fertilized and seeded with a quick - catch seed variety
approved by the county manager or designee within 60 days of the final side slope
shaping in order to minimize the potential for erosion.
(7) Discontinuance of operations. If the excavating operation is inactive for a period
of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the
working face, shall conform with this article and a report so stating, prepared and sealed
by the project's surveyor /engineer shall be submitted to the county manager or designee.
Recommencement shall also be reported to the county manager or designee. If the
excavating operation is never started or if discontinued for a period of one year, that
permit is void unless a written request is made by the permittee with sufficient
justification for a time extension in which case the county manager or designee may
authorize a permit extension for up to 180 days. A new permit must be approved prior to
commencement.
(8) Non -water management system Iakes. Non -water management system lakes of
a surface area of one acre or less, may be riprapped along their entire shoreline under the
following conditions:
a. Side slopes shall be no steeper than a ratio of two to one.
b. Littoral shelf areas must conform to section 3.05. 10 of the Land Development
n Code.
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C. Riprapping must extend down to the slope breakpoint required by section 22-
112(2).
d. The lake shall have protective barriers to prevent vehicular access where
necessary.
e. The lake shall meet all of the design requirements of this article and section
3.05.10 of the Land Development Code.
(9) Amendments to approved excavations. Substantial changes to any approved
excavation permit, (i.e. changes resulting in an increase of 20 percent or more in
excavated volume resulting in less than 50,000 additional cubic yards), must be submitted
to the engineering services department for review and approval, with such approval
granted in writing prior to commencement of any proposed change. Littoral shelf areas
must conform to section 3.05. 10 of the Land Development Code. Failure to comply with
the permit requirements shall be cause for the county manager or designee to issue stop
work orders on all excavation related activities taking place or planned for the subject
property. Insubstantial changes shall not require prior written approval and shall include
reductions in surface area not affecting water management design quantities of material
to be removed. A written description of proposed insubstantial change (including an
illustrated as-built as per the excavation permit) to any approved excavation shall be
submitted in writing to the engineering services department.
(10) Special requirements for commercial excavations located in estates zoning
districts are as follows:
a. Commercial excavations must be authorized by a conditional use permit for the
parcel(s) where the excavation occurs.
b. Conditional uses and excavation permits expire after one year, with a provision
for one additional one -year extension upon payment of a renewal and inspection fees.
C. Blasting will not be permitted. If test holes show that rock is less than 12 feet
from the original grade, removal methods must receive staff approval.
d. Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to 5:00
p.m., Monday through Friday.
e. All areas disturbed as a result of fill storage must be seeded and mulched upon
completion of construction. Prior to release of the performance bond, the planted seed
must reach a height of six inches. Rye grass is acceptable for this purpose.
f. Lake location and size. For parcels five acres in size and smaller, the surface of
the lake can occupy a maximum of 40 percent of the lot area.
For parcels over five acres and up to ten acres, the surface area of the lake can occupy a
maximum of 45 percent of the lot area.
For parcels over ten acres, the surface area of the lake can occupy a maximum of 50
percent of the lot area.
Finished lakes shall be irregularly shaped with no corners less than 40 feet in radius, and
must otherwise conform to section 5.05.08 of the Land Development Code.
Setbacks less than 50 feet from control elevation contour to property line are allowed if
proper fencing (72 inches high and "childproof') is used. Under no circumstances will a
setback of less than 20 feet from control elevation contour to property line be allowed.
There shall be no exceptions to the 50 -foot front yard setback from the road right -of -way
line.
n g. Depths. Commercial excavations located in Estates zoning districts shall not
exceed 20 feet in depth. The minimum depth shall be six feet below low water at the
middle of the excavation. See subsection 22- 112(1) for exceptions.
h. Sideslopes shall be no steeper than one foot vertical to four feet horizontal to a
depth of ten feet below control elevation and may be as steep as one foot vertical to two
feet horizontal below that elevation.
i. Building envelope. A minimum one acre building envelope is required. The
envelope shall be contiguous, rectangular in shape, and may extend to the property lines
and include setbacks. The minimum dimension of any side of the rectangle shall be 150
feet.
j. Stockpiles. The stockpile area may occupy the future homesite. Proper erosion
control and sediment measures (meeting PDES standards) must be used at the stockpile
site.
k. Littoral zone plantings must conform to section 3.05. 10 of the Land Development
Code.
1. Federal and state agency permits. Any excavation in an area containing SFWMD
(Southwest Florida Water Management District),
DEP (Department of Environmental Protection), or USACE (United States Army Corps
of Engineers) jurisdictional vegetation must obtain a permit from the applicable agency
prior to issuance of the excavation permit.
(11) Erosion control. Upon completion of any lake construction, a silt fence must be
installed around all portions of the lake which are contiguous to proposed new
construction. Portions of the silt fence may be removed after the new construction (i.e.
residences, roads, drainage) adjacent to that section of silt fence has been approved.
Alternate means of erosion control, meeting federal and state standards, may be approved
by the engineering services director, or designee, upon submittal of a plan showing the
proposed erosion control method.
(Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 4)
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•.M.► COLLIER COUNTY GOVERNMENT COMPLEX
WATER MANAGEMENT DEPARTMENT
BUILDING D
February 6, 1984,
Wilson, Miller, Barton, Soll & Peek-, In.c.
Post Office Box 2800
Fort.Myers, Florida 33902
Attention: Mr. Robert R, Lockhart,
Subject: Excavation permit No. 59.158 -- Youth. Haven, Inc.
Gentlemen:
In accordance with Section 9 of Excavation Ordinance No. 80 -26, as
amended by Ordinance No. 83 -3., we have reviewed the as- built plans
and have._conducted a final inspection of the lake excavation.
Our inspection reveals that the excavation conforms with the
provisions of the Excavation Ordinance. We .ate,: therefore, closing,
this file and are returning herewith your irrevocable Letter of
Credit 123.3 in the amount of $5,000..00.
If we may be of any further assistance in this matter, please heel
free to contact us.
Sincerely,
John H. Boldt, P.E.
Water Management Director
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