Agenda 06/06/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 6, 2006
9:00 AM
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME
IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure
provided by Commission members for summary agenda.)
B. May 9, 2006 - BCC/Regular Meeting
C. May 15, 2006 - BCC/Bayshore CRA Budget Annual Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
Five Year Awards
1. Christopher Sutphin, Pelican Bay Services Division Board
2. Ronald Pennington, Collier County Coastal Advisory Committee
3. Anthony Pires, Collier County Coastal Advisory Committee
4. Bill Neal, Bayshore/Gateway Triangle Local Redevelopment Advisory Board
4. PROCLAMATIONS
A. Proclamation recognizing June 9, 2006 as Sons of the American Revolution Day to be
accepted by Don Cahill, Naples Chapter President, and Sam Cahill, Naples Chapter Second
Vice President, National Society of the Sons of American Revolution.
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request by Francis Hoy to discuss bridge at Cypress Way East between
Immokalee Road and Piper Boulevard.
Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition: PUDEX-2005-AR-8649 Hammock Park PUD, Joseph A.
Filippelli, for Sembler Florida, represented by Dwight Nadeau, of RWA, requesting a 2-year
PUD Extension to the Hammock Park Commerce Centre PUD Master Plan and PUD document
pursuant to LDC Section 10.02.13.D.5.a. The subject property, consisting of 18.15 acres, is
located on the northeast corner of Collier Boulevard and Rattlesnake-Hammock Road,
Section 14, Township 50 South, Range 26 East; and Section 23, Township 50 South, Range
26 East, Collier County, Florida.
Page 2 of 7
B. This petition was continued from February 14, 2006 and is further requested to be continued
to June 20, 2006. This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDEX-2005-AR-8478: Rookery Bay Business Park,
LLC, represented by Wayne Arnold, of Q. Grady Minor and Associates, P. A. and R. Bruce
Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business
Center of Naples PUD from October 8,2005 to October 8,2007. The subject property,
consisting of 40.88 acres, is located on the east side of Collier Boulevard (CR 951),
approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26
East, Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This item will immediately follow Item 10B, which is 10:00 a.m. time certain. Recommendation
that the Board of County Commissioners adopt an Ordinance amending Ordinance No. 2001-
13, as amended, (The Collier County Consolidated Impact Fee Ordinance); Providing for
incorporation by reference of the Water and Wastewater Impact Fee Study, dated June 6,
2006; Also to insert a reference to the Countys most recently updated Water Master Plan and
its most recently up-dated Wastewater Master Plan; Also to insert amendments required by
Florida HB/SB 1194; Also to append the revised Water and Sewer Impact Fee Rate Schedule
to thereby incorporate into the Ordinance, by reference, these new water and wastewater
impact fees; Providing for conflict and severability; Providing for inclusion into the Code of
Laws and Ordinances; Providing that the Ordinance shall become effective upon receipt by
Floridas Secretary of State, but that the revised impact fees shall not become effective until
8:00 A.M. on Friday, September 8,2006. (Companion to Item 10B)
B. This item will immediately follow Item 8A and Item 10B, which have a 10:00 a.m. time certain.
Recommend adoption of an Ordinance that modifies Ordinance 2001-73, titled Collier County
Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; this
modification includes proposed rates for water and wastewater services based on a rate
study dated June 6, 2006 titled Water and Wastewater Rate Review for Collier County Water-
Sewer District; And provides for a new fee titled Allowance for Funds Prudently Invested
(AFPI) as Schedule Seven of Appendix A of the Ordinance; and provides for an effective date
of October 1, 2006 for Schedules 2 through 7 of Appendix A of the Ordinance; And provides
for effective dates of October 1, 2006 and October 1,2007 for Schedule 1 of Appendix A of
the Ordinance. (To be heard after Item 8A)
C. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-8126: Rock Creek Holdings, LLC, represented by R.
Bruce Anderson, of Roetzel & Andress, LPA and Bruce Tyson, of WilsonMiller, Inc.,
requesting a rezone from the C-4 (Commercial) and RMF-6 (Residential) zoning districts to
the Residential Planned Unit Development (RPUD) zoning district to allow development of a
maximum of 120 multi-family residential dwelling units, to include a maximum of 24 or 20
percent of the total dwelling units as workforce housing units for a project known as
Meridian Village RPUD. The subject property, consisting of 11.68 acres, is located on the
northwest corner of the intersection of Airport-Pulling Road and Estey Avenue, in Section 2,
Township 50 South, Range 25 East, Collier County, Florida.
D. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-8901: Habitat for Humanity of Collier County, Inc.,
represented by Laura Spurgeon, of Johnson Engineering, requesting a PUD Rezone of
approximately 26.85 acres from the Rural Agricultural (A) zoning district to the Residential
Planned Unit Development (RPUD) zoning district with an Affordable Housing Density Bonus.
The project is to be known as Liberty Landing and is intended to provide 162 affordable
housing units in Immokalee. The subject property is located in the north half of Section 31,
Township 46 South, Range 29 East, Collier County, Florida.
Page 3 of 7
E. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-A-2005-AR-8918, Palermo Cove PUD, Elias Brothers
Communities at Raffia Preserve, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady
Minor & Associates, P.A., requesting an amendment to Palermo Cove RPUD, by adding
multiple family residential dwelling units as a permitted use for property located north of
Wolfe Road, west of Collier Boulevard (C.R. 951), in Section 34, Township 48 South, Range 26
East, Collier County, Florida.
F. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2003-AR-4991, Robert Mulhere, of RWA, Inc., representing
Woodfield Builders, LLC, requesting a rezone from "A" Rural Agricultural to "RPUD"
Residential Planned Unit Development to be known as Rockedge RPUD, subject to the
approval of an Affordable Housing Density Bonus Agreement authorizing the developer to
utilize affordable housing bonus density units (in the amount of 111 units at 7.5 bonus
density units per acre) in the development of this project for low-income residents. The 76.46
acres subject property is located on the east side of Collier Blvd. (CR 951) approximately 6
tenths of a mile south of intersection with Rattlesnake-Hammock Road, in Section 23,
Township 50, Range 26 East, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the County Government Productivity Committee.
B. Board Consideration of the Implementation and Administration of the Special Master
Ordinance, Ordinance No. 200446, by the Special Master, including the Workshop of January
20, 2006 and to take all Appropriate Measures to Assure Impartiality and a Positive Public
Perception in the Special Master and the Special Master Program.
10. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a Resolution authorizing the acquisition by gift or purchase of fee
simple interests in the proposed right-of-way, as well as perpetual, non-exclusive road right-
of-way, drainage and utility easements, and temporary driveway restoration easements, and
temporary construction easements, which will be required for the construction of roadway,
drainage and utility improvements to Vanderbilt Beach Road Extension from C.R. 951 to
Wilson Boulevard (Project No. 60168) (Norman Feder, Administrator, Transportation
Services)
B. This item to be heard at 10:00 a.m. followed by Companion Item 8A, then Item 8B.
Recommendation that the Board of County Commissioners adopt the 2005 Collier County
Water and Wastewater Master Plan Updates, Dated June 6, 2006, Projects 70070, 73066 and
75007. (Jim DeLony, Administrator, Public Utilities)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 11 :00 a.m. This item was continued from the April 25, 2006 BCC
Meeting. Presentation of the FY2005 Comprehensive Annual Financial Report by KPMG
(County Auditors).
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will
be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve for recording the final plat of Marsala at Tiburon, approval of
the standard form Construction and Maintenance Agreement and approval of the amount of
the performance security.
2. Recommendation to approve for recording the final plat of Hampton Village at Ave Maria
Phase 1, approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
3. Recommendation to accept a donated Publix gift card in the amount of $75.00 to be used to
purchase volunteer lunches at the Otter Mound Planting Days.
B. TRANSPORTATION SERVICES
1. Recommendation to approve a budget amendment to recognize revenue received from the
John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane Wilma Clean
Up.
2. Recommendation to waive formal competition and approve purchase of Panther Habitat
Units, in the amount of $276,945, as mitigation for road construction impacts. Project 62081
3. Recommendation to approve the purchase of 2.674 acres of improved property of which
0.372 acres are required for road right of way for the Santa Barbara Boulevard expansion
project. Project No. 62081 (Estimated fiscal impact: $621,925.00)
4. Recommendation to approve expenditure of $25,000 to repair a failing culvert located under
10th Street SE over the C-1 Canal (Project No. 51022).
5. Recommendation to reject all bids submitted for Bid #06-3909, Traffic Operations Electrical
Components.
6. Recommendation to reject bids submitted for Bid #06-3917, Roadway Lighting Components.
7. Recommendation to approve a Resolution of the Collier County Board of County
Commissioners (BCC) authorizing the filing of the Trip and Equipment Grant Application with
the Florida Commission for the Transportation Disadvantaged (CTD).
8. Recommendation to authorize the disposal of certain County-owned property that is without
commercial value.
C. PUBLIC UTILITIES
1. Recommendation to Approve Change Orders to Greeley and Hansen LLC Work Orders GH-
FT-05-07 in the amount of $47,250 and GH-FT-05-08 in the amount of $41,304 under Fixed
Term Contract #00-3119, Fixed Term Professional Utility Engineering Services, for the 2005
Utilities Water Master Plan Update and the 2005 Utilities Wastewater Master Plan Update and
Appropriate Budget Amendments, Projects Numbers 70070, 73066, and 75007.
2. Recommendation to approve the purchase of an Aquatech Mobile Catch Basin and High
Velocity Combination Sewer Cleaner from Pat's Pump and Blower on State Contract 070-700-
322 in the amount of $196,572.80.
Page 5 of 7
3. Recommendation to award Contract 06-3901 Loan/Grant Acquisition and Compliance
Services to Angie Brewer & Associates, LC, as primary, and to Public Utilities Management &
Planning, LC, as secondary, in an estimated annual amount of approximately $1,000,000.
4. Recommendation to award Contract 06-3977 to Vaccaro Consulting, Inc. for "Consulting
Services and Planning Assistance".
D. PUBLIC SERVICES
1. Recommendation to approve a Limited Use License Agreement between the Board of County
Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of
specified county-owned property for conducting a July 4th Fireworks Festival.
2. Recommendation to waive the formal competitive bid process and authorize purchase of
outdoor pool deck furniture from Contract Furnishings International, Inc. in the amount of
$85,616.
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve Phase I and Phase II of Work Order #SCD-FT -3850-06-01, issued
to Spillis Candela DMJM (Architects), in the amount of $368,730.00, for the design and
construction management of the Naples Jail Improvement Plan project.
2. Recommendation to approve funding for emergency generator upgrades and associated
work in the amount of $408,538.
3. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
F. COUNTY MANAGER
1. Recommendation to approve expenses not to exceed $4,000 for Collier County to provide
bus services for elected officials from other counties to two events scheduled June 27 during
the Florida Association of Counties 2006 Annual Conference in Collier County at the Marco
Island Marriott.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation that the Community Redevelopment Agency (CRA) approve application for
corporate membership of $200 to Bayshore Arts, and approve a donation of $300 to
Bayshore Arts, a 501 C3 organization, from the Bayshore Gateway Triangle Trust Fund (Fund
187) FY06 budget and declare the donation serving a valid public purpose.
2. Recommendation that the Community Redevelopment Agency (CRA) approve the
expenditure of $5,701.50 of Bayshore Gateway Triangle Trust Funds from FY06 Fund 187
budget, to pave Catherine Avenue, a lime rock residential street within the Bayshore Gateway
Triangle CRA boundary, as part of Florida Highway Products sole source contract approved
May 9, 2006, and approve all necessary budget amendments.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Halas requests Board approval to attend a function serving a valid public
purpose. Attending the Gulf of Mexico Alliance on June 21, 2006 at the Rookery Bay National
Estuarine Research Reserve Environmental Learning Center; $30.00 to be paid from
Commissioner Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous items to file for record with action as directed.
Page 6 of 7
J. OTHER CONSTITUTIONAL OFFICERS
1. This item continued from the April 11 , 2006 BCC Meeting. Recommendation that the Board of
County Commissioners authorize the Clerk's Office to file the State of Florida Annual Local
Government Financial Report for the Fiscal Year 2004-2005 as required by Florida Statute
218.32.
K. COUNTY ATTORNEY
1. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of $80,400.00 for the Acquisition of Parcels 119, 121,
821 and 921 in the Lawsuit Styled Collier County v. Robert J. Derr, et aI., Case No. 03-2196-CA
(Golden Gate Parkway Project No. 60027). (Fiscal Impact: $47,286.75).
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3)
NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE
SWORN IN.
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation that the Board of County Commissioners approve
Petition SNR-2005-AR-9467, by DY Land Associates, LTD., represented by Mark W. Minor of
Q. Grady Minor & Associates, P.A., requesting a street name change from Clear Marsh Circle
to Aviamar Circle for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within
Section 13, Township 51 South, Range 26 East.
B. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation that the Board of County Commissioners approve
Petition SNR-2005-AR-9468, by DY Land Associates, LTD., represented by Mark W. Minor of
Q. Grady Minor & Associates, P.A., requesting a street name change from Laughing Gull
Court to Marengo Court for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located
within Section 13, Township 51 South, Range 26 East.
C. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation that the Board of County Commissioners approve
Petition SNR-2005-AR-9469, by DY Land Associates, LTD., represented by Mark W. Minor of
Q. Grady Minor & Associates, P.A., requesting a street name change from Wading Bird Court
to Serena Lane for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within
Section 13, Township 51 South, Range 26 East.
D. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation that the Board of County Commissioners approve
Petition SNR-2005-AR-9470, by DY Land Associates, LTD., represented by Mark W. Minor of
Q. Grady Minor & Associates, P.A., requesting a street name change from Skylark Court to
Serenity Court for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within Section
13, Township 51 South, Range 26 East.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
June 6. 2006
Add Item 5A: Presentation to recognize and thank those responsible for the clean up of certain
areas in East Naples, specifically around Home Depot, St. Matthews House, Palm Drive and Town
Center. (Commissioner Fiala's request.)
Move Item 7A to 8G: This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Petition: PUDEX-2005-AR-8649 Hammock Park PUD,
Joseph A. Filippelli, for Sembler Florida, represented by Dwight Nadeau, of RWA, requesting a 2-
year PUD Extension to the Hammock Park Commerce Centre PUD Master Plan and PUD
document pursuant to LDC Section 10.02.13.D.5.a. The subject property, consisting of 18.15
acres, is located on the northeast corner of Collier Boulevard and Rattlesnake-Hammock Road,
Section 14, Township 50 South, Range 26 East; and Section 23, Township 50 South, Range 26
East, Collier County, Florida. (Staffs request)
Move 7B to 8H: This petition was continued from February 14, 2006 and is further requested to be
continued to June 20, 2006. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDEX-2005-AR-8478: Rookery Bay Business
Park, LLC, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and R. Bruce
Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business Center
of Naples PUD from October 8,2005 to October 8,2007. The subject property, consisting of 40.88
acres, is located on the east side of Collier Boulevard (CR 951), approximately 114 of a mile south
of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida.
(Staff's request.)
Move 16B1 to 10C: Recommendation to approve a budget amendment to recognize revenue
received from the John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane
Wilma. (Commissioner Fiala's request.)
Move Item 16B2 to 100: Recommendation to waive formal competition and approve purchase of
Panther Habitat Units, in the amount of $276,945, as mitigation for road construction impacts.
Project 62081. (Commissioner Halas' request.)
Move 16B3 to 10E: Recommendation to approve the purchase of 2.674 acres of improved
property of which 0.372 acres are required for road right-of-way for the Santa Barbara Boulevard
expansion project. Project No. 62081 (Estimated fiscal impact: $621,925.00.) Commissioners
Fiala and Coletta's request.)
NOTE: Item 16C3: A copy of this contract with Angie Brewer and Associates is available for
viewing in the County Purchasing Department. (Staff's request.)\
Move 16G1 to 14A: Recommendation that the Community Redevelopment Agency (CRA) approve
application for corporate membership of $200 to Bayshore Arts, and approve a donation of $300
to Bayshore Arts, a 501 C3 organization, from the Bayshore Gateway Triangle Trust Fund (Fund
187) FY06 budget and declare the donation serving a public purpose. (Commissioner Halas'
request.)
Page 2
Change Sheet
June 6, 2006 BCC Meeting
Time Certain Items:
Item 10B. This item to be heard at 10:00 a.m. followed immediately by companion Item SA, then
Item SB. Recommendation that the Board of County Commissioners adopt the 2005 Collier
County Water and Wastewater Master Plan Updates, Dated June 6, 2006, Projects 70070, 73066
and 75007.
Item SA. followina Item 10B: Recommendation that the Board of County Commissioners adopt an
Ordinance amending Ordinance No. 2001-13, as amended, (The "Collier County Consolidated
Impact Fee Ordinance"); Providing for incorporation by reference of the "Water and Wastewater
Impact Fee Study, dated June 6, 2006"; Also to insert a reference to the County's most recently
updated Water Master Plan and its most recently up-dated Wastewater Master Plan; Also to insert
amendments required by Florida HB/SB 1194; Also to append the revised Water and Sewer
Impact Fee Rate Schedule to thereby incorporate into the Ordinance, by reference, these new
water and wastewater impact fees; Providing for conflict and severability; Providing for inclusion
into the Code of Laws and Ordinances; Providing that the Ordinance shall become effective upon
receipt by Florida's Secretary of State, but that the revised impact fees shall not become effective
until S:OO A.M. on Friday, September S, 2006.
Item SB. followina Item SA: Recommend adoption of an Ordinance that modifies Ordinance 2001-
73, titled "Collier County Water-Sewer District Uniform Billing, Operating and Regulatory
Standards Ordinance"; this modification includes proposed rates for water and wastewater
services based on a rate study dated June 6, 2006 titled "Water and Wastewater Rate Review for
Collier County Water-Sewer District"; And provides for a new fee titled "Allowance for Funds
Prudently Invested" (AFPI) as Schedule Seven of Appendix A of the Ordinance; and provides for
an effective date of October 1, 2006 for Schedules 2 through 7 of Appendix A of the Ordinance;
And provides for effective dates of October 1, 2006 and October 1, 2007 for Schedule 1 of
Appendix A of the Ordinance.
Item 13A: This item to be heard at 11 :00 a.m. This item was continued from the April 25, 2006
BCC Meeting. Presentation of the FY2005 Comprehensive Annual Financial Report by KPMG
(County Auditors).
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Agenda Item No. 3A
June 6, 2006
Page 1 of 2
Board of County Commissioners
Advisory Committee Service Awards Recipients
Tuesday, June 6, 2006
# of Years
5
5
5
5
Agenda Item No. 3A
June 6. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
3A
Item Summary:
Advisory Committee Awards to be presented to: Christopher Sutphin for 5 years of service on
the Pelican Bay Services Division Board: Ronald Pennington for 5 years of service on the
Collier County Coastal Advisory Committee; Anthony Pires for 5 years of service on the
Collier County Coastal Advisory Committee: Bill Neal for 5 years of service on the
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Meeting Date:
6/6/2006 9:00:00 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCC
Date
BCC Office
5/24/20062:57:23 PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
5/24/20063:02 PM
PROCLAMATION
Agenda Item No. 4A
June 6, 2006
Page 1 of 2
~.
WHEREAS, the National Society of the Sons of the American Revolution was
organized on April 30, 1889, and chartered by an Act of Congress on
June 9, 1906: and,
WHEREAS, the charter was signed by President Theodore Roosevelt, the fourth
of sixteen United States Presidents to become members of the Sons
of the American Revolution: and,
WHEREAS, the Florida Society of the Sons of the American Revolution has
promoted its patriotic, historical and educational objectives through
youth, veterans and outreach programs for more than one hundred
years.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida that June 9, 2006 be recognized as the
100th Anniversary of its charter, and designated as
Sons of the American Revolution Day
-
and, urge all citizens of Collier County to observe this day by
celebrating the contributions made by this society.
DONE AND ORDERED THIS 6th Day of June, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
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Agenda Item No. 4A
June 6. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4A
Proclamation recognizing June 9. 2006 as Sons of the American Revolution Day to be
accepted by Don Cahill, Naples Chapter President, and Sam Cahill, Naples Chapter Second
Vice President, National Society of the Sons of American Revolution.
Meeting Date:
6/6/2006 9:00:00 AM
Prepared By
Delainie Mcneil
Executive Aide to the BCC
Date
Board of County
Commissioners
BCC Office
5/17/2006 1 :53:29 PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
5/17/20063:56 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/22/2006 5:29 PM
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Agenda Item No: 6A
June 6, 2 06
Page 1 . f 3
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples. Florida 34112 · (239) 774-8383 .. Fax (239) 774-4010
May 15,2006
Mr. Francis Hoy
587 Cypress Way East
Naples, FL 34110
Re: Public Petition Request to Discuss Bridge at Cypress Way East Between
Immokalee Road and Piper Boulevard
Dear Mr. Hoy:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of June 6, 2006 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 for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concem and the need for action by the Board at a Mure meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building MF-) of the govemment 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.
Sin~, W
~~ .
County Manager
JVM/jb
cc: David Weigel, County Attomey
Norman Feder, Transportation Services Administrator
.-..
RE~~ ~~OFFICE
Paae L. It j
Request to Speak under Public Petition
MAY 1 2 20 6
Please print
Name:
ACTION
FILE
Francis Hoy
Address:
587 Cypress Way East
Naples, FL 34110
Phone:
239-598-9519
Date of the Board Meetina YOU wish to speak:
June 6. 2006
Please explain in detail the reason YOU are reQuestina to speak (attach additional
pace if necessary):
(Please see the attached petition.)
The bridge at Cypress Way East between Immokalee Road and Piper Boulevard is
scheduled to be removed with the widening of Immokalee Road within the next
several months. Removal of that bridge will create a severe traffic hardship for the
residents of the 1900 homes and condominiums in Palm River because the
intersection at the Airport Road bridge on narrow Piper Boulevard will become too
congested to handle the added traffic.
Please explain in detail the action YOU are askina the Commission to take (attach
additional page if necessary):
(Please see the attached petition.)
As the officers of the Palm River Homeowners Association representing the
residents of Palm River we are asking the commissioners to retain the Cypress Way
East bridge at least for south bound traffic turning west.
Public Petition Request Form
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Agenda Item Nol6A
June 6. 2, 06
Page 3 ' f 3
,
May 9, 2006
Collier County Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 34112
Re: Public Petition Request
Cypress Way East Bridge
Dear Commissioners:
We, the undersigned, officers and members of the board of directors of the Palm River Homeowners Association I
representing the residents of 1900 homes and condominiums in Palm River, hereby request that the Collier I
County Commissioners prevent the removal of the bridge at Cypress Way East across the Cocohatchee Canal I
between Piper Boulevard and lmmokalee Road as part of the widening project ofImmokalee Road. While we
-have been working with members of the Transportation Planning Department who understand our concerns and
agree that removal of the bridge will seriously and negatively affect outbound traffic from Palm River and
Willougby Acres, we have been unable to obtain assurance the bridge will not be removed.
At the very least, we urge the County Commissioners to retain that bridge as a single outbound lane for right turn I
traffic for these communities. 'I
Should the Cypress Way East Bridge be removed, traffic will be directed to the bridge at Airport Road. The
intersection of the Airport Road bridge and Piper Boulevard is dangerous as explained below, but it has been
bearable because most outbound and inbound traffic to and from the west on Immokalee Road uses the Cypress
Way East bridge. If the Cypress Way East bridge is removed, it will mean a large increase in traffic on the
Airport Road bridge.
The north approach to the Airport Road bridge is on narrow, two lane Piper Boulevard. That intersection has
approaching traffic from four directions - incoming traffic over the bridge and traffic from Palm River,
Willougby Acres and a retail center soon to open -- converging and/or crossing each other at the bridge. That pa
of the three lanes of traffic which turns south across the bridge has to merge and sort itself out within the length 0
the bridge to diverge at the traffic light at the bridge exit in three directions, south on Airport Road or east or west
on lmmokalee Road. Two outbound lanes are being added to the bridge, but we do not believe this will help at I
the bridge entrance. I
Further, retaining the Cypress Way East bridge will allow an alternate exit point from Palm River and WiIlougby!
Acres. This additional exit point will help reduce traffic counts at the Airport Road bridge and will be invaluable:
in times of emergency.
We look forward to discussing this issue with the county commissioners at the earliest opportunity.
Sincerely,
The officers ofthe Palm River Homeowners Association
Francis Hoy, Presiden~ ~~ =
Stacey Barnhill, Secretary ~ Jean Morrill, Treasurer
Contact: Francis Hoy; 587 Cypress Way East, Naples, FL 34110; 239-598-9519
Agenda Item No. 7 A
June 6, 2006
Page 1 of 97
EXECUTIVE SUMMARY
PUDEX-2005-AR-8649 Joseph A. Filippelli, for Sembler Florida, Inc. represented by
Dwight Nadeau, of RW A, requesting a two-year PUD Extension of the development time
limit of the Hammock Park Commerce Centre PUD pursuant to Section 10.02.13.D.5.a. of
the Collier County Land Development Code. The subject property, consisting of 18.15
acres, is located on the northeast corner of Collier Boulevard (CR-951) and Rattlesnake-
Hammock Road (CR-864), in Section 14, Township 50 South, Range 26 East; and Section
23, Township 50 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals consider a request for a two-year extension of the
development time limit of the Hammock Park Commerce Centre PUD as well as ensuring that
the project is consistent with all the applicable County regulations and to ensure that the
community's interest is maintained.
CONSIDERATIONS:
.-.
Section 10.02.13.0 of the Land Development Code (LDC) requires the PUD property owner to
submit an annual report outlining the progress of development one year from the date the PUD
zoning was adopted by the Board of County Commissioners (BCC) and every year thereafter
based on the anniversary of its adoption. For Planned Unit Development projects approved prior
to October 24, 200 I, if on the fifth year of their adoption the authorized development has not
commenced to the thresholds established by Section 10.02.13.0, then the PUD is "sunsetted,"
which means no development approvals can be granted until the PUO is extended, amended or
rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The
LDC allows PUD projects to be considered for up to two, 2-year extensions. This petition seeks
approval of the extension for a term of two years. This extension would allow the applicant two
years to obtain necessary development approvals in order to develop under the existing PUD
approval.
This project is a 18.1S::!: acre project that was re-zoned from Agricultural (A) to PUD on
November 28, 2000, by means of Ordinance Number 2000-79 (Exhibit A), with the area
designated as Commercial on the Master Plan and where as the area is intended to accommodate
different ranges of retail and office land uses as well as essential services and customary
accessory uses.
The BCC corrected a scrivener's error Ordinance 2004-68 (Exhibit B) resulting from a clerical
error wherein an incorrect ordinance was signed and recorded. The Scrivener's Error was for the
legal description and the PUD name. Ordinance No. 2000-79 has the PUO name listed as
"Hammock Park of Commerce" but should be "Hammock Park Commerce Centre". The
.-. Scrivener's Error ordinance 2004-68 correctly sets forth what the Board acted upon and what
was to have been approved.
PUDEX-05-AR-8649 Hammock Park Commerce Centre
Page 1 of 6
June 6, 2006 BCC
Agenda Item NO.7 A
June 6, 2006
Page 2 of 97
If the extension request is approved the applicant will have until November 28, 2007 at the end
of which time, the property owner shall again submit to the procedure as defined in the LDC. To
date, no development approvals have been sought for any portion of the PUD. The applicant did
not provide specific reasons why development has not proceeded in accordance with the PUD
limitations, other than to state that development plans have not commenced to meet county PUD
sunsetting requirements.
Synopsis of Approved Land Uses:
The PUD document that was adopted as part of the approval for this PUD contains the list of
uses approved for the project. As part of this extension request, no changes are proposed to the
PUD nor are any changes proposed to the Master Plan. The PUD would retain the approvals that
were granted in 2000; any changes would require a separate amendment request.
Within the PUD a maximum of two hundred thousand (200,000) square feet of retail and office
uses are allowed. The PUD document indicates up to fifty thousand (50,000) square feet of office
space may be converted from the total two hundred thousand square feet of retail space as
allowed by the following conversion table.
Current Land Use Proposed Land Use Conversion Rate Example
Office Retail 0.398 1 ,000sf of Office 398 sf of Retail
Office Restaurant 0.165 1,000 sf of Office 165 sf of Restaurant
Retail Office 2.51 1.000 sf of Retail 2,510 sf of Office
The subject property is located at the northeast quadrant of Rattlesnake Hammock Road and
Collier Boulevard (County Road 951). Bordering the west of the subject property is a canal
which abuts the eastern edge of Collier Boulevard. The vacant land is zoned PUD and is
surrounded by Agricultural parcels to the immediate north and south. East of the site is Naples
Lakes Country Club PUD (aka Naples Forest Country Club) and south of that site is Sierra
Meadows PUD, which is adjacent to the Lely Resort DRI/PUD and Edison Village PUD.
Zoning
Map
I
/ LEL Y RESOR)~
pun
CXXUER REGIONAL MEDICAL CEIifTER
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PUDEX-05-AR-8649 Hammock Park Commerce Centre
Page 2 of 6
June 6, 2006 BCC
Agenda Item NO.7 A
June 6, 2006
Page 3 of 97
Aerial Photo
Consistencv with the Collier Co"ntv Growth Mana2ement Plan (GMP):
The subject property is designated Urban (Urban Mixed Use District, Urban Residential Fringe
Subdistrict and Urban Commercial District, Interchange Activity Center Subdistrict), as
identified on the Future Land Use Map of the Growth Management Plan. Relevant to this
petition, the designation allows the full array of commercial uses. The existing PUD, comprising
+/- 18.15 acres, was approved in 2000 for retail and office uses and amended to correct a
scrivener's error in 2004. There have been no amendments to the Future Land Use Element
(FLUE) since that time that would affect the uses or intensities approved in this PUD.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area.
Comprehensive Planning leaves this determination to Zoning and Land Development Review
staff as part of their review of the petition in its entirety.
CONCLUSION
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Based upon the above analysis the proposed extension may be deemed consistent with the Future
Land Use Element.
PUDEX-05-AR-8649 Hammock Park Commerce Centre
Page 3 of6
June 6, 2006 BCC
Agenda Item NO.7 A
June 6, 2006
Page 4 of 97
Transportation Element:
The Transportation Services Division has recommended denial of the PUD Extension because
the project is no longer consistent with policy 5.1 and 5.2 of the Transportation Element of the
GMP.
Consistency with the Collier County Land Development Code (LDC):
Section 10.02.13.0 of the LDC requires the Board of County Commissioners to make formal
findings to support approval of a PUD extension request. Staff offers the following findings for
consideration by the Board of County Commissioners:
1. The PUD and the Master Plan are consistent with the current Growth Management
Plan, including, but not limited to, density, intensity and concurrency requirements
(LDC lO.02.13.D.6.b.i.); and
No changes to the GMP have been adopted that would make the previously approved PUD
inconsistent to the density and intensity requirements, however the project is no longer
consistent with the current Transportation Element currency requirements.
As noted in the Traffic Impact Statement (Exhibit C), the site will generate trips onto links
which are failing and anticipated to fail within the build out of the project and the five year
planning period. Mitigation through the TCMA will not be feasible without planned and
funded improvements within the TCMA.
The extension will increase traffic congestion as a consequence of peak volumes or projected
types of vehicular traffic, including activity during construction phases of the development.
The analysis relate to the inconsistency with being able to meet the requirements of 5.1 of the
Transportation Element as well as Section 1 0.02.13.D.6.b.i of the LDC.
2. The approved development has not become incompatible with existing and proposed uses in
the surrounding area as the result of development approvals issued subsequent to the
original approval of the PUD zoning (LDC lO.02.13.D.6. b.ii); and
The Hammock Park Commerce Centre PUD land uses approved pursuant to Ordinance 00-79
remains compatible with existing and proposed uses in the area.
3. The approved development will not, by itself or in conjunction with other development, place
an unreasonable burden on essentialpublicfacilities (LDC 10. 02. 13.D.6. b.iii).
The Transportation Services Division indicates that the project will place an unreasonable
burden on deficient County roadways. However, the PUD document contains language to
address other public facilities.
PUDEX-05-AR-8649 Hammock Park Commerce Centre
Page 4 of 6
June 6, 2006 BCC
Agenda Item NO.7 A
June 6. 2006
Page 5 of 97
Staff Comments:
The extension action does not propose changes to the Master Plan. Any change to the Master
Plan would need to be approved as an amendment rather than an extension. The uses that were
approved for this PUD remain compatible with other uses expected to be developed in this area
given the GMP Interchange Activity Center Seven (7) designation.
Staff review of the PUD extension has revealed there are Transportation Element concurrency
concerns. The Transportation Section 4.5 of the PUD document does not contain language that
would adequately address the deficient roadway segments on Collier Boulevard. Therefore, the
PUD is found to be inconsistent with Policy 5.1 of the Transportation Element in the GMP.
The applicant has indicated the willingness to participate in a mitigation agreement so as to
develop less than the permitted 200,000 square feet which in turn will have a lesser impact on
Davis Blvd. The applicant's legal counsel submitted a letter (Exhibit D) which specifies that
Policy 5.1 of the Transportation Element specifically allows a project that triggers the impact
thresholds of that Policy to be approved if "specific mitigating conditions are approved."
FISCAL IMP ACT:
Extension of the PUD will have no fiscal impact upon Collier County.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCe) must be based, which is found in
LDC Section 10.02.13.D.6.b. A summary of the legal considerations and findings is noted
below:
. The PUD Document and the Master Plan (Exhibit A) remain consistent with the current
Future Land Use Element including, but not limited to, density and intensity requirements;
and
. The PUD Document and the Master Plan are no longer consistent with the current
Transportation Element; and
. The approved development is compatible with existing and proposed uses in the surrounding
area as the result of development approvals issued subsequent to the original approval of the
PUD zoning; and
. Approved development will not, by itself or in conjunction with other development, place an
umeasonable burden on essential public facilities.
PUDEX-05-AR-8649 Hammock Park Commerce Centre
Page 5 of 6
June 6, 2006 BCC
Agenda Item No. 7A
June 6, 2006
Page 6 of 97
STAFF RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals deny this request based on the inconsistency
with Policy 5.1 of the Transportation Element of the GMP. As a result a PUD Amendment is
required.
PREP ARED BY:
Melissa Zone, Principal Planner
Department of Zoning and Land Development Review
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PUDEX-05-AR-8649 Hammock Park Commerce Centre
Page 6 of6
June 6, 2006 BCC
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.7 A
June 6, 2006
Page 7 of 97
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members Petition: PUDEX-2005-AR-8649 Hammock Park PUD. Joseph A.
Filippelli, for Sembler Florida, represented by Dwight Nadeau, of RWA, requesting a 2-year
PUD Extension to the Hammock Park Commerce Centre PUO Master Plan and PUO
document pursuant to LOC Section 10.02.13.0.5.a. The subject property, consisting of 18.15
acres. is located on the northeast corner of Collier Boulevard and Rattlesnake-Hammock
Road, Section 14, Township 50 South, Range 26 East; and Section 23, Township 50 South.
Range 26 East, Collier County, Florida.
6/6/20069:00:00 AM
Prepared By
Melissa Zone
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
5/16/200612:17:33 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/16/200612:48 PM
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Date
Transportation Planning
5/18/2006 10:51 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
5/22/200612:36 PM
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/22/2006 2:28 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/22/20068:11 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
5/23/2006 9:35 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/23/2006 11: 13 AM
Approved By
Agenda Item No. 7A
June 6, 2006
Page 8 of 97
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/24/2006 8:27 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25/20062:13 PM
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
Agenda Item No. 7 A
June 6, 2006
Page 9 of 97
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-
APPLICATION FOR PUBLIC HEARING FOR:
PUD MASTER PLAN EXTENSION
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
[ PUDEX-2005-AR-8649
PROJECT #19990016
DATE: 11/16/05
MICHAELDERUNTZ
APPLICANT INFORMATION
NAME OF APPLlCANT(S) Joseph A. Filippelli for Sembler Florida. Inc.
ADDRESS 5858 Central Avenue CITY St. Petersburg STATE FL ZIP 33707
TELEPHONE # (727) 384-6000 CELL # FAX # (727) 345-4937
E-MAIL ADDRESS:ifilippelli@sembler.com
NAME OF AGENT Dwiqht Nadeau for RWA. Inc.
ADDRESS 6610 Willow Park Drive. Suite 200 CITY Naples STATE FL ZIP 34109
TELEPHONE # (239) 597-0575 CELL # FAX # (239) 597-0578
E-MAIL ADDRESS:dhn@consult-rwa.com
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
PUD Extension Application
ASSOCIA TIONS
AGcliab Il.:-.., tJe. 7l
June 6, 200
Pace 10 of 9
Complete the following for all Association(s) affiliated with this petition. Provide
additional sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS __________________________ CITY _____________ STATE _______
ZIP__________
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS __________________________ CITY _____________ STATE _______
ZIP__________
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS __________________________ CITY _____________ STATE _______
ZIP__________
NAME OF MASTER ASSOCIATION: __________________________________________________
MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP _______
. NAME OF CIVIC ASSOCIATION: _____________________________________________________
MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP _______
PUD Extension Application
Disclosure of Interest Information
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest as well as the percentage of such interest. (Use
additional sheets if necessary).
Name and Address
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
Name and Address
Percentage of Ownership
Toll-Rattlesnake LLC
28341 S. Tamiami Trail
Suite 4
Bonita Springs. FL 34134
100%
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the
trust with the percentage of interest.
Name and Address
Percentage of Ownership
PUD Extension Application
d. If the property is in the name of a GENERAL or LIMITED pJ\lRmi~~ffo6~
list the name of the general and/or limited partners. Page 12 of 97
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or
individuals, a Corporation, Trustee, or a Partnership, list the names of
the contract purchasers below, including the officers, stockholders,
beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties,
list all individuals or officers, if a corporation, partnership, or trust.
Name and Address
---------------------------------------------------------------
---------------------------------------------------------------
---------------------------------------------------------------
---------------------------------------------------------------
g. Date subject property acquired D leased D Term of lease
_________yrs. / mos.
If, Petitioner has option to buy, indicate the following:
PUD Extension Application
Date of option: __________________________
Date option terminates: ___________________, or
Anticipated closing date __________________
Agenda Item NO.7 A
June 6, 2006
Page 13 of 97
h. Should any changes of ownership or changes in contracts for purchase
occur subseq uent to the date of application, but prior to the date of the
final public hearing, it is the responsibility of the applicant, or agent on
his behalf, to submit a supplemental disclosure of interest form. .
PROPERTY LOCATION
Detailed leeal description of the property covered bv the application: (If space is inadequate,
attach on separate page.) If request involves change to more than one zoning district,
include separate legal description for property involved in each district. Applicant shall
submit four (4) copies of a recent survey (completed within the last six months,
maximum '" to 400' scale) if required to do' so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section/Township/Range li/SOS/26E
Lot: Block: Subdivision:
Plat Book _ Page #: _Property I.D.#: 00416760002 & 00416720000
Metes & Bounds Description:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST v.. OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
O.R. 1573, PAGE 355
THE NORTH ONE-HALF (N Y2) OF TIlE SOUTH ONE-HALF (S Y2) OF TIlE SOUTIIWEST ONE-QUARTER (SW
v..) OF TIlE SOUTHWEST ONE-QUARTER (SW Yo) LESS THE WEST 100 FEET OF ROADWAY FOR COUNTY
ROAD 951; SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND THE
WEST 80 FOOT PARCEL OF THE SOUTH ONE-HALF (S Y2) OF THE SOUTHEAST ONE-QUARTER (SE v..) OF
THE SOUTHWEST ONE-QUARTER (SW I/); SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
O.R. 1708, PAGE 1667
THE SOUTH Y2 OF TIlE SOUTH Y2 OF THE SOUTHWEST v.. OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR ROAD RIGHT -OF- WAY.
CONTAINING 18.15 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
(LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A BOUNDARY SURVEY
BY BBLS SURVEYORS & MAPPERS, INe.)
PUD Extension Application
Size of pro pert v: _ ft. X _ ft. = Total Sq. Ft. 790.614 Acres 18.15
Address/2enerallocation of subject property: Subiect property is located on the northeast corner of the
Agenda Item No.7 A
June 6, 2006
Page 14 of 97
intersection of Collier Boulevard (C.R. 951) and Rattlesnake Hammock Road.
ADJACENT ZONING AND LAND USE
Zoning
Land use
N A. Aqricultural
S A. Agricultural
E A. Agricultural
W PUD. Planned Unit Development
Vacant Aqricultural
Vacant Aqricultural
Vacant Aqricultural
Naples Lakes Country Club
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (If
space is inadequate, attach on separate page). Yes
Section/Township/Range li/SOS/26E and 23/S0S/26E
Lot: _________ Block: _______
S u bd ivi s ion: ____________________________________________
Plat Book_________ Page #:_________ Property 1.0.#: 00417760001. 00434160008
& 00433360003
Metes & Bounds Description: ________________________________________________
EXTENSION REQUEST DETAIL
Has this Master Plan received any previous extension(s)? 0 YES ~ NO
If YES, please indicate the date of approval(s) _ and submit a copy of the Board of
County Commissioners' approval.
Was the planned development proposed for two or more phases? DYES [;g! NO
If YES, please provide a copy of the approved phasing schedule.
Has the Master Plan sunsetted? 0 YES !ZI NO
If NO, please indicate the date that it will be sunsetted: November 28. 2005
If YES, please explain why the Master Plan was allowed to sunset: _
PUD Extension Application
Agenda Item No. 7 A
June 6. 2006
Please provide a chronology of the original zoning approvals and amendment a!f1pflovalgf 97
as well as any development approval and any site development improvements that
occurred before the master plan was vacated.
The original PUD was adopted November 28,2000 through Ordinance 2000-79.
Ordinance 2004-79 corrected a Scrivener's Error in the PUD name and legal description.
Is the extension requested for: [8J the entire original development, or 0 phase(s)?
If for phases, please indicate the phase number(s): _
Please explain how the Master Plan remains consistent with the current Comprehensive
Plan, including density, intensity and concurrency requirements.
The Hammock Park Commerce Centre PUD is in compliance with the goals, obiectives and policies
of Collier County as set forth in the Growth Management Plan. The intensity is comparable to
existing or proposed surrounding land uses. The Naples Lakes Country Club was approved for
110.000 square feet of commercial use on a :l: IS-acre tract. The Collier Regional Medical Center
PUD was approved for 260,000 square feet ofhosoital and related uses and 80,000 square feet of
medical office and related uses on :f:60 acres. The approved 200,000 square feet of commercial
retail/office on:!:: 18.15 acres within the Hammock Park Commerce Centre PUD is comparable to and
compatible with adiacent existing and proposed land uses. According to the 2004 AUIR., the
segments of Collier Boulevard (C.R. 951) from Davis Boulevard to Rattlesnake Hammock Road and
Rattlesnake Hammock Road to U.S. 41 are operating at LOS C (minimum: LOS D).
Please explain how the development proposed by the Master Plan remains compatible
with existing and proposed uses in the surrounding area in view of development
approvals issued subsequent to the original approval of the Master Plan.
According to the zoning maps posted on the Collier County Government website, the only zoning
changes since the approval of the Hammock Park Commerce Centre PUD in November 2000 were
the approval of the Naples Lakes Country Club PUD and the Collier Regional Medical Center PUD.
The Naples Lake Country Club PUD includes 110,000 square feet of commercial and the Collier
Regional Medical Center PUD includes 260,000 square feet of hospital and 80,000 square feet of
medical office and related uses and therefore the Hammock Park Commerce Centre PUD remains
compatible with existing and proposed uses in the surrounding area.
PUD Extension Application
AQenda Item No. 7 A
Does the development shown on the Master Plan place an unreasonable buraen o.RJne 6,2006
. I bl. f '1" 7 PI I' Page 16of97
essentla pu IC aCI Itles. ease exp am.
By virtue of the POO' s approval by the Board of County Commissioners. the PUD was deemed
consistent with the GMP. The 2004 AUIR found no deficient or potentially deficient Category A
Public Facilities within the area of the proiect. Golden Gate Fire Station No. 72 is located in the
Forest Glen POO and will provide the essential emergency response when required.
EVALUATION CRITERIA
Evaluation Criteria: Provide a written narrative statement describing the request to show
compliance with the criteria found in the Collier County LDC noted for the proposed
action. Include any additional materials and documentation in support of the request.
The POO and the master plan are consistent with the current Growth Management Plan including, but
not limited to. density, intensitv and concurrency requirements. The approved development has not
become incompatible with existing and ?roposed uses in the surrounding area as the result of
development approvals issued subsequent to the original approval of the POO zoning. The approved
development will not, by itself or in coni unction with other development, place an umeasonable
burden on essential public facilities. Also. please review the Extension Request Detail component of
this application.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? DYes [8J No
If so, what was the nature of that hearing? _
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has
been made and the application is assigned a petition processing number. The application
will be considered "closed" when the petitioner withdraws the application through written
notice or ceases to supply necessary information to continue processinq or otherwise
actively pursue the rezoning for a period of six (6) months. An application deemed
"closed" will not receive further processing and an application "closed" through inactivity
shall be deemed withdrawn. An application deemed "closed" may be re-opened by
submitting a new application, repayment of all application fees and granting of a
determination of "sufficiency". Further review of the project will be subject to the then
current code. (LDC Section 10.03.05 .Q.)
PUD Extension Application
Agenda Item NO.7 A
June 6, 2006
t-'age 1 f Of !:
SUBMITTAL SUFFICIENCY CHECKLIST
PUD EXTENSION
THIS COMPLETED CHECKLIST IS TO BE SUBM/lTED WITH APPLlCA TION PACKET
No, of Copies
[gI18
[gI18
[gI18
[gI1
[gI18
k8J2
[gI1
[gI 2'
[gI2
[gI
~5
Completed Application
Pre-Application Meeting Notes
Master Plan 24" X 36"
Master Plan 8 !Iz" X 11"
Approved PUD Ordinance
Warranty Deed or Contract for Sale
Owner / Agent Affidavit, signed & notarized
Aerial Photos with Habitat Areas Identified
Addressing Checklist
Required Fees
Other Traffic hnpact Statement
As the authorized agent/applicant for this petition, I attest that all of the information
indicated on this checklist is included in this submittal package. I understand that failure to
include all necessaIJ; submittal information may result in the delay of processing this
petition.
///"3/b~
Date
PUD Extension Application
LOCA TION
MAP
PETITION 'PUDEX- 2005- AR- 8649
Agenda Item No. 7A
June 6. 2006
Page 18 of 97
SITE
MAP
Agenda Item NO.7 A
June 6, 2006
Page 19 of 97
ORDINANCE NO. 2000- 79
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLliER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLliER COUNTY, FLORIDA BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBER 0614S; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A"
AGRICULTURAL TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS "HAMMOCK PARK OF
COMMERCE", LOCATED IN SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF I8.IS:!: ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Mitchel A. Hutchcraft of Vanasse & Daylor, LLP, representing John B.
McMullen, petitioned the Board of County Commissioners to change the zoning classification of
the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 26 East, Collier County, Florida, is changed from "N'Agricwtpral to
. ..~ :r
,
"PUD" Planned Unit Development in accordance with the Hammock Park of Conuiierce ;puo~'.1
Document, attached hereto as Exhibit" A" and incorporated by reference herein. T:he O~~lal .~ ~ .:
Zoning Atlas Map Number 06148, as described in Ordinance Number 91-102, th~'C-ollier"
.,
j
County Land Development Code, is hereby amended accordingly.
"..)
SECTION TWO:
t::.-, t-,
:;.:....fi1 \--:.J
This Ordinance shall become effective upon filing with the Department of State.V
-1-
Agenda Item NO.7 A
June 6, 2006
Page 20 of 97
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida. this ~-tA day of /YCJ V'OYl.i:l e,....- .2000.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FWRIDA
,.", "," ~ I '0' I, "'. "
,,""""; :t\TTESr :'......
~~ .... '.1 . I..
/ /..BY;~"'~. ~ llC!-.
~ ;:..; DWIGHT E'J'B;ROCK. Clerk
\ . '. . Attest IS tb/CIIa'I..-"
...... SiCJnatu~OJil'.
Approved as to Form
and Legal Sufficiency
BY, ~-
JAMES D. TER, Ph.D., CHAIRMAN
7) Vec Jiiuc ))J ::.../t; <.d {' rd
Matjorie M. Student
Assistant County Attorney
This ordinance Wood with the
Secretory of ~s Office the
~doyaf. ,6:~
and ocknowl~dgement of that
filin~ed;'~ ~ day
of '___~ ./
By~.r.~
Deputy c......
glad mini ORDINANCE/PU[)'99-Z5ICB1im
-2 -
Agenda Item No.7 A
June 6, 2006
Page 21 of 97
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
Hammock Park Commerce Centre
pun
A PLANNED COMMERCIAL DEVELOPMENT
Prepared by:
Vanasse & Daylor, LLP
12730 New Brittany Blvd., Suite 600
Fort Myers, FL 33907
Data Reviewed by ccpe:
Date Approved by BCC: tValH..~ J-~ ~~
Ordinance Number. ~t>- 71 /
Exhibit A
Hammock Park Commerce Centre PUD
11/29/00
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
SECTION I Property Ownership & Description
SECTION II Project Development
SECTION III Community Commercial District
SECTION IV General Development Commitments
LIST OF EXHIBITS
EXHIBIT "An
PUD Master Plan
PAGE
1
Agenda Item No.7 A
June 6, 2006
Page 22 of 97
2
4
9
14
Hammock Pari< Commerce Centre pun
1 t129100
Agenda Item No.7 A
June 6, 2006
Page 23 of 97
STATEMENT OF COMPLIANCE
The development of approximately 18.15 +/- acres of property in Section 14, Township 50 South,
Range 26 East, Collier County, as a Planned Unit Development to be known as Hammock Park
Commerce Centre PUD will be in compliance with the planning goals and objectives of Collier
County as set forth in the Collier County Growth Management Plan. The retail commercial and
office facilities of the Hammock Park Commerce Centre PUD will be consistent with the growth
policies, land development regulations. and applicable comprehensive planning objectives for the
following reasons:
1. The subject property is located within the northeast quadrant of the CR 951/Rattlesnake
Hammock Road Mixed Use Activity Center Land Use Designation as identified on the
Future Land Use Map. The permitted uses are described in the Activity Center Sub-
district of the Urban - Commercial District in the Future Land Use Element (FLUE). This
category described in the Future Land Use Element permits a full mix of residential and
non-residential land uses in this area. This strategic location allows the site superior
access for the location of retail commercial and office land uses.
2. The subject property's location in relation to existing or proposed community facilities and
services permits the development's intensity of land use as required in Objective 2 of the
Future Land Use Element.
3. The project development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. The project shall be in compliance with all applicable County regulations including the
Growth Management Plan.
5. All final development orders for this project are subject to Division 3.15, Adequate Public
Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the
Future Land Use Element.
6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the
access points will be consistent with the adopted Access Management Plan for Mixed Use
Activity Center #7, which encourages shared access points along CR 951, and is further
described in Policy 4.4 of the Future Land Use Element.
7. Where possible, Hammock Park Commerce Centre will incorporate natural systems for
water management in accordance with their natural functions and capabilities as may be
required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
8. The project will be served by a complete range of services and utilities as approved by the
County.
9. No residential uses are being requested for this PUD.
Hammock Park Commerce Centre PUD
Pa~ 1 0118
09120100
Agenda Item NO.7 A
June 6. 2006
Page 24 of 97
SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
name of Hammock Park Commerce Centre PUD.
1.2 LEGAL DESCRIPTION
A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26
East, Collier County, Florida, being more particularly described as follows:
a.R. 1573, Page 355
The North one-half (N1/2) of the South one-half (S1/2) of the Southwest one-quarter (SW1/4) of
the Southwest one-quarter (SW1/4) less the West 100 feet of roadway for County Road 951;
Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot
parcel of the South one-half (8112) of the Southeast one-quarter (SE1/4) of the Southwest one-
quarter (SW1/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida.
O.R. 1708, Page 1667
The South 1/2 of the South1/2 of the Southwest 1/4 of Section 14, Township 50 south, Range 26
East, Collier County, Florida, less the west 100 feet thereof for road right-of-way.
Containing 18.15 acres, more or less.
Subject to easements, reservations or restrictions of record.
(LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A
BOUNDARY SURVEY BY BBLS SURVEYORS & MAPPERS, INC.)
1.3 PROPERTY OWNERSHIP
The subject property is currently owned by John B and Dora A. McMullen.
Hammod< Park Commerce Centre puo
Page 2 of 18
09/20100
Agenda Item NO.7 A
June 6, 2006
Page 25 of 97
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the northeast quadrant of the intersection of
Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida.
The Subject property is located within a Mixed Use Activity Center as designated on
the Future Land Use Map.
B. The property is currently vacant. The entire site has A Zoning.
1.5 PROJECT DESCRIPTION
The Hammock Park Commerce Centre PUD will include a mixture of land uses for retail
commercial and office land uses. The Hammock Park Commerce Centre PUD intends to
establish guidelines and standards to ensure a high and consistent level of quality for
proposed features and facilities. Uniform guidelines and standards will be created for
such features and facilities as landscaping, sign age, lighting, roadway treatments, fences
and buffers.
The Concept Plan is illustrated graphically on Exhibit "A" PUD Master Plan. A Land Use
Summary indicating approximate land use acreage is shown on the Master Plan.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Hammock Park Commerce Centre
Planned Unit Development Ordinance."
Hammock PaIk Commlll'Ce Centre PUO
Page 3 of 18
09120100
Agenda Item No. 7A
June 6, 2006
Page 26 of 97
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Hammock Park Commerce Centre PUD shall
be in accordance with the contents of this document, PUD-Planned Unit
Development District, applicable sections and parts of the Collier County Land
Development Code and Collier County Growth Management Plan in effect at the
time of final local development order or building permit application. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Hammock Park Commerce Centre PUD shall become part of
the regulations that govern the manner in which the PUD site may be developed.
D. Unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided
for this PUD remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public Facilities
of the Collier County Land Development Code at the earliest, or next, to occur of
either the Final Site Development Plan approval, Final Plat approval, or building
permit issuance applicable to this development.
2.3 PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan.
8. Minor modifications to Exhibit "A" may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 2.7.3.5 of the
Collier County Land Development Code or as otherwise permitted by this PUD
Document.
Hammock Park Commerce Centre PUD
Page 4 of 18
09/20100
Agenda Item No. 7 A
June 6, 2006
Page 27 of 97
C. In addition to the various areas and specific items shown in Exhibit "A", easements
(such as utility, private and semi-public) shall be established and/or vacated within
or along the property, as may be necessary.
2.4 LAND USE
A. Exhibit "AN, PUD Master Plan, constitutes the required PUD Development Plan.
Except as otherwise provided within this PUD Document, any division of the
property and the development of the land shall be in compliance with the
Subdivision Regulations and the platting laws of the State of Florida.
B. The provisions of Division 3.3, Site Development Plans, of the Land Development
Code, when applicable, shall apply to the development of all platted tracts, or
parcels of land as provided in said Division 3.3 prior to the issuance of a building
permit Dr other development order.
C. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and the methodology for providing perpetual
maintenance of common facilities.
2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier
County Land Development Code.
2,6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
This PUD is subject to the sunsetting provisions as provided for within Article 2, Division
2.7, Section 2.7.3.4 of the Collier County Land Development Code.
2.7 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section
2.7.3.6 of the Collier County Land Development Code.
2.8 DEDICATION AND MAINTENANCE OF FACILITIES
The Developer shall create appropriate property ownership association(s) that will be
responsible for maintaining the roads, streets, drainage, common areas, and water and
sewer improvements where such systems are not dedicated to the County.
Harnmoclc Pllrk Commerce Centre PUD
Page 5 0118
09120100
Agenda Item No. 7A
June 6, 2006
Page 28 of 97
2.9 OPEN SPACE REQUIREMENTS
A minimum of thirty percent (30%) of the project's gross area shall be devoted to
open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County
Land Development Code. The total project is 18.15 +/- acres requiring a minimum of
5.4 acres to be retained as open space throughout the Hammock Park Commerce Centre
PUD. This requirement shall apply to the entire development area, including the individual
development parcels. The requirement does not apply to individual development parcels
as long as it can be shown that the required open space is found throughout the
development area.
2.10 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land
Development Code, 15% of the viable naturally functioning native vegetation on site shall
be retained.
2.11 SIGNS
Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land
Development Code.
2.12 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the
Collier County Land Development Code may be reduced with the administrative approval
of the Collier County Engineering Review Manager. All lakes greater than two (2) acres
may be excavated to the maximum commercial excavation depths set forth in Section
3.5.7.3.1; however, removal of fill from Hammock Park Commerce Centre shall be limited
to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total
volume excavated unless a commercial excavation permit is received.
2.13 EXCAVATION AND VEGETATION REMOVAL
A. Improvement of property shall be prohibited prior to issuance of a building permit.
No site work, removal of protected vegetation, grading, improvement of property or
construction of any type may be commenced prior to the issuance of a building
permit where the development proposed requires a building permit under the Land
Development Code or other applicable County regulations. Exceptions to this
requirement may be granted by the Community Development and Environmental
Services Administrator for an approved Subdivision or Site Development Plan to
provide for distribution of fill excavated on site or to permit construction of an
approved water management system, to minimize stockpiles and hauling off-site or
to protect the public health, safety and welfare where clearing, grading and filling
plans have been submitted and approved meeting the standards of Section
3.2.8.3.6. of the Land Development Code. Removal of exotic vegetation shall be
exempted upon receipt of a vegetation removal permit for exotics pursuant to
Division 3.9 of the Land Development Code.
Hammock PlII1< Commerce Centre PUD
Page 6 of 18
09/20/00
Agenda Item NO.7 A
June 6, 2006
Page 29 of 97
B. A site clearing, grading, filling and revegetation plan, where applicable, shall be
submitted to the Community Development and Environmental Services
Administrator or his designee for review and approval prior to any clearing,
grading or filling on the property. This plan may be submitted in phases to
coincide with the development schedule. The site clearing plan shall clearly
depict how the improvement plans incorporate and retain native vegetation. The
site specific clearing, grading, and filling plan for a Subdivision or Site
Development Plan may be considered tor review and approval under the
following categories and subject to the following requirements:
1. Removal of exotic vegetation is permitted upon receipt of a vegetation
removal permit pursuant to Division 3.9 of the Land Development Code.
Additional site alteration may be permitted or required to stabilize and deter
reinfestation by exotics subject to the following:
a. Provision of a site filling and grading plan for review and approval by
the County;
b. Provision of a revegetation plan for review and approval by the
County;
c. Payment of the applicable review fee for site alteration plan review.
2. Site filling exceeding 25 acres to properly utilize fill generated on site, but
which does not require the removal of more than 25 acres of protected
vegetation, may be approved by the Community Development and
Environmental Services Administrator subject to submission of the follOWing:
a. A site clearing plan shall be submitted for review and approval that
shows the acres to be cleared. A minimum of 15% of the natural
functioning vegetation shall be retained unless otherwise permitted.
b. The applicant shall submit a detailed description of the fill and site
work activities including a plan indicating fill placement locations and
depths, grading plan and water management improvements.
c. The applicant shall submit a detailed revegetation plan including a
cost estimate. The cost estimate shall include the cost of grading,
revegetation and yearly maintenance cost and a time specific
schedule on completion of the revegetation work.
Hammock Park Commerce Centre PUD
Page 7 of 18
09120100
Agenda Item NO.7 A
June 6, 2006
Page 30 of 97
d. The permittee shall post a surety bond or an irrevocable standby
letter of credit in an amount of 110% of certified cost estimate as
previously detailed including the maintenance cost for 3 years. The
amount of the security may be reduced upon completion of the
approved revegetation plan and upon occupation of the site. A
separate security will not be required if such costs are included in
subdivision security.
3. A vegetation removal permit is not required for the removal of protected
vegetation prior to building permit issuance if the conditions set forth in
Division 3.9 of the Land Development Code have been met.
2.14 ARCHITECTURE AND SITE DESIGN
All buildings, signage, lighting, landscaping and visible architecture infrastructure shall
have a similar architectural theme and be aesthetically unified. Said unified architectural
theme shall include: a similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and walls to be erected on the site. Landscaping
and streetscape materials shall also be similar in design throughout the site. A conceptual
design master plan shall be submitted concurrent with the first application for Site
Development Plan approval demonstrating compliance with these standards. All
commercial buildings shall comply with Division 2.8 of the Collier County Land
Development Code Architectural and Site Design Standards and Guidelines in effect at
the time building permits are issued.
Hammock Pari< Commerce Cen1r9 puo
Page 8 of t8
0912010D
Agenda Item No. 7 A
June 6, 2006
Page 31 of 97
SECTION 11\
COMMUNITY COMMERCIAL DISTRICT
3.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within the Hammock Park Commerce Centre PUD designated on Exhibit "A", PUD
Master Plan as ''Commercial''.
3.2 GENERAL DESCRIPTION
A. There is one area designated as ''Commercial'' on the Master Plan. This
"Commercial" area is intended to accommodate different ranges of retail and office
uses, essential services, and customary accessory uses.
B. The approximate acreage of the "Commercial" parcel is as follows:
Parcel:
Property
Acreage:
18.1;!:
Use:
Retail and Office
Actual acreage of all development tracts will be provided at the time of Site
Development Plan or Preliminary Subdivision Plat approvals in accordance with
Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land
Development Code. Commercial tracts are designed to accommodate internal
roadways, open spaces, lakes, water management facilities, and other similar uses.
C. Within the Hammock Park Commerce Centre PUD, up to a maximum of two
hundred thousand (200,000) square feet of retail and office uses are allowed. Land
uses for the development may be permitted as generally outlined below.
Hammock Park Commerce Centre PUD Development Program
Proposed Commercial Office Totals
DeveloDment 1,000 SF I Acres 1,000 SF I Acres 1,000 SF I Acres
Property 200 I 18.1 0-50' I 0.0 200 I 18.1
.Up to fifty thousand square feet of office space may be converted
from the total two hundred thousand square feet of retail space as
allowed by the following conversion table.
Hammock Park Comm"It:" Cl!ll'lIre PUD
Page 90118
09/20100
Agenda Item NO.7 A
June 6, 2006
Page 32 of 97
Land Use Conversion Table
Current Proposed Conversion Exam~le:
Land Use Land Use Rate
Office Retail 0.398 1,000 sf of Office 398 sf of Retail
Office Restaurant 0.165 1,000 sf of Office 165 sf of Restaurant
Retail Office 2.51 1 ,000 sf of Retail 2,510 sf of Office
3.3 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991,
7993, 7997, 7999)
2. Apparel and Accessory Stores (Groups 5611, 5621, 5631,5641,5651,5661,
5699)
3. Automotive Repair, Services and Parking (Groups 7514, 7542) All uses are
prohibited within 500 feet from the easterly right-of-way line of C.R. 951.
4. Building Construction -general contractors (groups 1521 -1542).
5. Building Materials, Hardware, Garden Supply (Groups 5231, 5251, 5261)
6. Business Services (Groups 7311,7323,7334,7335,7336. 7338, 7352, 7359,
7371-7379, 7384, 7389)
7. Communications (Groups 4832, 4833)
8. Construction - special trade contractors (Groups 1711-1793, 1796, 1799)
9. Depository Institutions (Groups 6011-6099)
10. Eating and Drinking Places (Groups 5812, 5813 except contract feeding,
food service and industrial feeding)
11. Engineering, Accounting and Management (Groups 8711-8721, 8741, 8742,
8748)
12. Food Stores (Groups 5411, 5421, 5441,5451,5461,5499)
13. Funeral Service and Crematories (Group 7261)
Hammock Pari< Commerce Centre PUD
Page 100118
09120/00
Agenda Item No.7 A
June 6, 2006
Page 33 of 97
14. Gasoline service stations (5541 subject to Section 2.6.28 of the Land
Development Code)
15. General Merchandise Stores (Groups 5311, 5331, 5399)
16. Hardware Stores (5251)
17. Health Services (Groups 8011-8059)
18. Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713,
5714,5719,5722,5731,5734,5735,5736)
19. Hospitals (Group 8062)
20. Hotels and Motels (Group 7011)
21. Insurance Agents, Brokers and Service (Group 6411)
22. Membership Organizations (Groups 8641, 8661)
23. Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641)
(Group 7699 with approval of Current Planning Manager who shall be guided
by the objective of allowing uses that are compatible with existing
development.) All uses are prohibited within 500 feet of the easterly right-of-
way line of C.R. 951.
24. Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992,
5993, 5999)
25. Motion Pictures (Groups 7832-7833)
26. Museum, Art Galleries (Group 8412)
27. Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163)
28. Offices (All Groups)
29. Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241,7251,
7291 )
30. Restaurants (All Groups)
31. Real Estate (Groups 6531, 6541, 6552)
32. Social Services (Group 8351)
33. United States Postal Service (Group 4311)
34. Veterinarian's Office (Group 0742. except no outside kenneling)
Hammock Park Commerce Centre PUD
Page 110118
09120I00
Agenda Item No. 7 A
June 6, 2006
Page 34 of 97
35. Any other use which is comparable in nature with the foregoing uses and
which the Current Planning Manager determines to be compatible in the
district.
3,4 ACCESSORY USES AND STRUCTURES
A. Uses and structures that are accessory and incidental to uses permitted.
B. Any other accessory use which is comparable in nature with the foregoing uses and
which the Current Planning Manager determines to be compatible.
3.5 DEVELOPMENT STANDARDS FOR PARCELS 1. 2 AND 3
A. Minimum lot area: Ten thousand (10,000) square feet.
8. Minimum lot width: One hundred (100) feet.
C. Minimum yard requirements:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Zero for common or abutting walls, otherwise one-half
the height of the building, but not less than ten (10) feet.
3. Rear yard: Twenty (20) feet.
D. Distance between principal structures: The distance between any two principal
structures on the same parcel shall be tifteen (15) feet or a distance equal to
one half the sum of their heights, whichever is greater.
E. Minimum floor area of principal structure: seven hundred (700) square feet
per building on the ground floor.
F. Landscaping and Off-Street Parking shall be in accordance with the Collier County
Land Development Code. as amended.
G. Maximum height: Fifty (50) feet.
H. General application tor Setbacks: Front yard setbacks shall comply with the
following:
1. It the parcel is served by a public or private right-of-way, the setback is
measured from the adjacent right-at-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured
from the back of curb or edge of pavement
3. If the parcel is served by a platted private drive. the setback is
measured from the road easement or property line.
Hammock Pall< Commerce Centre PUD
Page 12 of 18
09/20/00
Agenda Item No. 7 A
June 6, 2006
Page 35 of 97
I. All buildings. landscaping and visible Infrastructures shall be architecturally and
aesthetically unified. Said unified architectural theme shall include a similar
architectural design and similar use of materials and colors on all of the buildings to
be erected on site.
Landscaping and streetscape materials shall also be similar in design throughout
the site. A conceptual landscape plan for the entire site shall be submitted
concurrent with the first application for Site Development Plan approval.
J. Outside storage or display of merchandise is prohibited unless it is ancillary to a
permitted use, and screened from view from adjacent public roadways. Outside
storage may be approved by the Current Planning Manager as part of the approval
of an SOP.
K. The FP&L easement may be used for ancillary uses such as parking, storage,
service drives, and water management, provided written authorization for those
uses is obtained from FP&L and submitted with the application for SOP.
Hammock Park Commeroe Centre pun
Page 13 of 18
09/20/00
Agenda Item NO.7 A
June 6, 2006
Page 36 of 97
SECTION IV
GENERAL DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the standards for development of the project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with the Final Site Development
Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated otherwise,
the standards and specifications of the Land Development Code, Division 3.2 shall apply
to this project even if the land within the PUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document.
The developer, his successor or assignee, shall follow the Master Plan and the regulations
of the PUD as adopted, and any other conditions or modifications as may be agreed to in
the rezoning of the property. In addition, any successor or assignee of the developer is
bound by the commitments within this agreement.
4.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special land
use boundaries shall not be construed to be final and may be varied at any
subsequent approval phase such as Final Platting or Site Development Plan
approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land
Development Code, amendments may be made from time to time.
B. All necessary easements, dedications or other instruments shall be granted to
ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 WATER MANAGEMENT
A. Excavation permits will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County Land Development Code, as amended.
Excavated material from the property is intended to be used within the project site.
B. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review. No construction permits shall be issued unless and
until approval of the proposed construction in accordance with the submitted plans
is granted by Engineering Review Services.
Hammock Park Comm...ce Centre PUD
Page 140118
09120100
Agenda Item NO.7 A
June 6. 2006
Page 37 of 97
C. In accordance with the Rules of the South Florida Water Management District
(SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm
event of 3-day duration and 25-year frequency.
D. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of Division 3.2 of the Collier County Land Development
Code.
E. The proposed stormwater management system for the project will outfall to the
existing drainage canal running along the site's western boundary line.
4.5 TRANSPORTATION
A. The developer shall provide a fair share contribution toward the capital cost of a
traffic signal, including interconnection where appropriate, at any future major
access that serves the project if warranted by the County. The signal will be
owned, operated and maintained by Collier County.
B. The developer shall provide any required arterial Jevel street lighting at the project
entrance prior to the issuance of a Certificate of Occupancy.
C. The Project entry from CR 951 will be along the project's westem boundary and
designed to encourage shared access within the development, as depicted on the
Access Management Plan for this Activity Center.
D. The project shall be designed to accommodate an interconnection to the property to
the north as shown on the PUD Master Plan.
4.6 UTiliTIES
A. Water distribution, sewage collection and transmission facilities to serve the project
are to be designed, constructed, conveyed, owned and maintained in accordance
with Collier County Ordinance 97-17, as amended, and other applicable County
rules and regulations.
4.7 ENGINEERING
A. Except as otherwise provided within this PUD document, this project shall be
required to meet all County Ordinances in effect at the time final construction
documents are submitted for development approval.
B. The subdivision of property into three (3) or more parcels, shall conform with
applicable state laws pertaining to platting.
Hammock Pal1< Commerce Centre PUD
Page 15 of 18
09120100
Agenda Item No.7 A
June 6, 2006
Page 38 of 97
4.8 BUFFERS
The Hammock Park Commerce Centre PUO shall provide perimeter buffering consistent
with the following table:
Direction:
North:
South:
East:
West:
Adiacent Use
Vacant Agriculturally zoned land
Rattlesnake Hammock/Sports Park Rd.
Vacant Agriculturally Zoned Land
CR 951 and canal
Buffer Tvoe:
"A"
liD"
atAU
lID"
4.9 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and is subject to review and approval by
Current Planning Section Staff. Removal of exotic vegetation shall not be counted
towards mitigation for impacts to Collier County jurisdictional wetlands.
B. Buffers shall be provided around retained wetlands, extending at least fifteen (15)
feet landward from the edge of the wetland preserves in all places and averaging
twenty-five (25) feet from the landward edge of the wetlands. Where natural
buffers are not possible. structural buffers shall be provided in accordance with the
State of Florida Environmental Resources Permit Rules and shall be subject to
review and approval by Current Planning Section Staff.
D. The Petitioner shall comply with the guidelines and recommendations of the U.S.
Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to protected wildlife species.
Where protected species are observed on site, a Habitat Management Plan for
those protected species shall be submitted to Current Planning Section Staff for
review and approval prior to Final Site Plan/Construction Plan approval.
E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted
to Current Planning Section Staff for review and approval prior to Final Site
Plan/Construction Plan approval.
F. The project shall comply with the environmental sections of the LOC and the
Growth Management Plan in effect at the time of final development order approval.
G. An Environmental Impact Statement (EIS) addressing existing conditions and
anticipated environmental impact(s) has been submitted as part of this PUO
document.
Hammock Pari< Commerce Centre PUD
Page 16011S
09/20100
Agenda Item No.7 A
June 6, 2006
Page 39 of 97
H. Landscape design plans will be submitted during the review process to Collier
County Project Review Services. A minimum of 1.78 acres of native vegetation will
be re-planted on site, per the Collier County land development requirements.
Preservation is not feasible due to the extreme density of Melaleuca, The plantings
will be installed along the northern and western perimeters, as well as various areas
in the central portion of the project. All three strata will be re-created, with at least
14' to 16' trees used in the canopy (7'-8' crown spread), 5-gallon shrubs used in the
midstory and 1-gallon plants used for groundcover.
Hammock Park Commerce Centre PUD
Page 17 of 18
09120/00
Agenda Item No.7 A
June 6, 2006
Page 40 of 97
EXHIBIT A
HAMMOCK PARK COMMERCE CENTRE PUD
CONCEPTUAL SITE PLAN
Hammock PlIl1l Commerce Cenua puo
MCP
11/29/00
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June 6, 2006
age 41 of 97
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Agenda Item NO.7 A
June 6. 2006
Page 42 of 97
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO, 2000-79
Which was adopted by the Board of County Commissio~~~s~n
'.' ~
c;.c..
the 28th day of November, 2000, during Regular Session. R
C-..'
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WITNESS my hand and the official seal of the Board~of
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County Commissioners of Collier County, Florida, this
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DWIGHT E. BROCK "~ X'/ f 5:' ::': /" .d:\~.. ':. ~
Clerk <?f. Courts and; ,Cl~.:d~(, .:;:~ :,:.,{: ,; ~
Ex-off~c~o to Board ~.:;::: -,'~ ..-:::.: .: ~
County Commissioners" \, ':.'''.,.';'._;'1'--'., ,~:' /
MB";l~~"<~'?;i.~;,.:::;;;.."
Deputy Clerk
of November, 2000.
Agenda Item No. 7 A
June 6, 2006
Page 43 of 97
RESOLUTION NO. 06-_
A RESOLUTION BY mE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PURSUANT TO SECfION 10.02.13.0. OF mE COLLIER
COUNfY LAND DEVELOPMENT CODE (ORDINANCE NO. 04-
41), AS AMENDED, AFFECITNG ORDINANCE 2000-79 KNOWN
AS HAMMOCK PARK COMMERCE CENTRE PUD, DENING
THE EXTENSION OF SAID ORDINANCE AND REQUIRING
THAT THE APPLICANT SUBMIT AN AMENDED PUD
DOCUMENT; AND PROVIDING AN EFFECTNE DATE.
WHEREAS, the Hammock Park PUD, Ordinance Number 00-79 adopted on November 28, 2000
is subject to the provisions of Section 1O.02.13.D., of the Land Development Code (LDC), Time Limits
for Approved PUD Zoning Districts together with their respective Master Plans; and
WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier
County Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to
deny the request to extend the current PUD Zoning.
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 Section 10.02.13.0. of the LDC.
3. Pursuant to said Section of the LDC, the current PUD approval is hereby denied.
4. The applicant shall submit an amended PUD document to the Zoning and Land
Development Review Department within six months of the date of this hearing.
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 denied.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2006.
ATTEST:
DWIGHT E. BROCK., Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
~"-;fn ~-fib/l;L'
MaIjo M. Student-Stirling (- -----'0
Assistant County Attorney
PUDEX.2005.AR-8649IMZlsp
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Agenda Item No.7 A
June 6. 2006
Vanasse _
Da yl 0 r iIIIIiiii
PUD EXTENSION
TRAFFIC IMPACT STATEMENT
HAMMOCK PARK COMMERCE CENTER
November 17, 2005 Revised December /9, 2005
Collier Boulevard & Rattlesnake Hammock Boulevard
Collier County, Florida
Prepared For:
The Sembler Company
5858 Central Avenue
St. Petersburg, FL 33707
Prepared By:
Vanasse & Daylor, LLP
Job # 80910.02
Exhibit C
RE-SUHMH IAL ----
PUDEX-2005-AR-8649
PROJECT #19990016
DATE: 12/28/05
MELISSA ZONE
----- ----
12130 Hew Brittany Boulevard. Suite 600. Fort Hyers, Florida 33901 T 239.431.4601 J 239.431.4636 . vanday.com
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Agenda Item No. 7A
June 6, 2006
Page 45 of 97
STATEMENT OF CERTIFICATION
I certify that this PUD EXTENSION TRAFFIC IMPACT STATEMENT has been prepared
by me or under my immediate supervision and that I have experience and training in the field
of Traffic and Transportation Engineering.
Ernest R. Spradling P.E.
Florida Registration #61235
VanasseDaylor, LLP
12730 New Brittany Boulevard, Suite 600
Fort Myers, Florida 33907
(239) 437-4601
Collaborators
Reed K. Jarvi P.E.
Nelson A. Galeano
. .
~;/
rO"FST R~~NG
'..-/'
. .... i ? 2005
. '<S
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Hammock Pari< Commerce Center PUD Extension TIS
Certification Statement
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Agenda Item NO.7 A
June 6, 2006
Page 46 of 97
INTRODUCTION AND SUMMARY
Vanasse & Daylor, LLP (VanasseDaylor) is providing this Traffic Impact Study for the
Hammock Park Commerce Center site. The purpose of this study is to provide to the Collier
County Transportation Operations Review Department adequate information to assure that any
traffic-related problems are anticipated and that effective mitigation measures are identified as
part of a Planned Unit Development Extension request.
This development was previously approved with up to 200,000 square feet of Retail Shopping
Center (LU 820) uses. The project buildout is planned for the 2008 peak season. Exhibit 1
shows the location of the Feathers Development site.
The analysis shows that no roadway segment is projected to have estimated site-generated trips
that are significant (>3 percent of the SFmax). Therefore, no off-site improvements are projected
to be required for this project.
The Collier Boulevard & Rattlesnake Hammock Boulevard is planned for construction by Collier
County with the following lane configuration:
Southbound Approach - ( exclusive left, 3 thru, I exclusive right
Northbound Approach - 2 exclusive lefts, 3 thru, J exclusive right
Eastbound Approach - 2 exclusive lefts, I thru, 2 exclusive rights
Westbound Approach - I exclusive left, 1 thru, I exclusive right
The proposed accesses on CR 951 and on Rattlesnake Hammock Boulevard should have the
following configurations:
CR 951 RI/RO:
Approx. 575 ft north of the Rattlesnake Hammock Boulevard centerline
235- ft northbound exclusive right turn lane
Rattlesnake Hammock Boulevard Extension West Access:
Approx. 425 ft east of the CR 951 centerline
Full-movement access
195- ft eastbound exclusive left turn lane
Rattlesnake Hammock Boulevard Extension Main Access:
Approx. 850 ft east of the CR 951 centerline
Full-movement access
195- ft eastbound exclusive left turn lane
Hammock Park Commerce Center PUD Extension TIS
1:\Projeas\809\80910\Traffic\8091 0_ TlS_OO3aRI.doc
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Agenda Item No.7 A
June 6, 2006
Page 47 of 97
Rattlesnake Hammock Boulevard Extension East Access:
Approx. 1,135 ft east of the CR 951 centerline
Full-movement access
No right or left turn lanes
The developer proposes to pay the appropriate Collier County Road Impact Fees and
proportionate share fees, as appropriate. The developer also proposes to construct the site-related
improvements identified at the site access,
Hammock Park Commerce Center PUD Extension TIS
2
1:\Projects\809\8091 O\Trafflc\8091 03IS_003aRI.doc
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Agenda Item t-Jo. 7 A
June 6, 2006
Page 48 of 97
PROPOSED DEVELOPMENT
EXISTING AND PROPOSED LAND USE
The project is located in the northeast quadrant of the Collier Boulevard & Rattlesnake
Hammock Boulevard intersection. The parcel is cUlTently vacant.
This development was previously approved with up to 200,000 square feet of Retail Shopping
Center (LV 820) uses. However, a SDP will soon be submitted for approximately 158,000 sf of
development including a Discount Superstore, Pharmacy/Drugstore and Drive Through Bank.
For potential traffic impacts, we have added analyses of the impacts of this proposed use for the
SDP. The project buildout is planned for the 2008 peak season. Exhibit 1 shows the location of
the Hammock Park Commerce Center Development site.
AREA CONDITIONS
SITE ACCESSIBILITY
Area Roadway System
The existing roadway conditions for the area of the project were used to provide the base
Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project.
Collier Boulevard (CR 951)
Collier Boulevard (CR 951) in the study area will be an arterial north-south four- and six-lane
divided roadway under county jurisdiction. The roadway alignment is fairly level and tangent.
The speed limit is posted at 45 miles per hour (mph).
Rattlesnake Hammock Boulevard
Rattlesnake Hammock Boulevard in the study area is an east-west two-lane undivided roadway
under County jurisdiction. Rattlesnake Hammock west of Collier Boulevard is an arterial
roadway with a speed limit of 45 mph, and is a local roadway east of Collier Boulevard with a 35
mph speed limit.
Hammock Park Commerce Center PUD Extension TIS
3
1:IProjectS\809\8091 01Traffic\8091 0_ TIS_OO3aR I.doc
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Agenda Item No. 7 A
June 6, 2006
Page 49 of 97
TRAFFIC VOLUMES
VanasseDaylor reviewed available data and model projections to estimate background and future
traffic volumes for the study area. Data reviewed included the Collier County Transportation
Planning Department 2004 Traffic Count Report (Collier 2004 Counts) and the Collier County
Concurrency Selmlents Tables dated November 30, 2005,
The Appendix contains copies of the applicable data used. Exhibit 2 shows the links in the
study area, along with the studied existing intersections and proposed site accesses. The
concurrency segment table total volumes were converted into turning movement volumes by
using approach percentages derived from the FTE counts, which were then used for the
intersection capacity analyses,
Committed Roadway Improvements
Roadway improvements are constructed in order to help alleviate current area road deficiencies
and to support future area development. For purposes of this study, knowing that a roadway
improvement is "committed" means that the characteristics of the higher-level facility may be
used in the reserve capacity estimates. Roadway improvements that are currently under
construction, or are scheduled to be constructed within the FY 2006 to FY 2008 timeframe were
considered to be committed improvements. These were identified in the Collier County
Transportation Improvement Plan Year 2005 - 2010. The committed improvements that could
affect the area include:
Collier Boulevard:
. 6-lane expansion from 1-75 to US 41 beginning 2006; and
Rattlesnake Hammock Road:
. 6-lane expansion from Polly Avenue to Collier Boulevard beginning 2006.
PROJECTED TRAFFIC
TRIP GENERATION
Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Trip
Generation (7th Edition), in accordance with current Collier County policy. The following trip
generation formulae were used.
Hammock Park Commerce Center PUD Extension TIS
4
1:\Projeccs\809\809 10\Traffic\809 10_ T1S_003aR I.doc
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Agenda Item No. 7 A
June 6, 2006
Page 50 of 97
Shopping Center (LU 820):
ADT: Ln(T) = 0.65 Ln(X ) + 5.83
AM Peak Hour: Ln(T) = 0.60 Ln(X ) + 2.29
PM Peak Hour: Ln(T) = 0,66 Ln(X) + 3.40
PASS-BY T=
Ln (T) =-0.291 Ln (X) + 5.00 I
'"
Free-Standing Discount Superstore (LU 813):
ADT: T = 74.12(X) - 3976.68
AM Peak Hour: T = 1.84(X)
PM Peak Hour: T = 3.87(X)
Pharmacy/Drugstore with Drive-Through Window (LU 881):
ADT: T = 88. I 6(X)
AM Peak Hour: T = 2.66(X)
PM Peak Hour: T = 8.62(X)
Bank With Drive (LU 912):
ADT: T = I 82.34(X) + 256.87
AM Peak Hour: T = 12.34(X)
PM Peak Hour: T = 45.74(X)
Table 1 summarizes the trip generation calculations for this development.
Hammock Park Commerce Center PUD Extension TIS
5
1:\ProjectS\809\8091 O\Traffic\8091 0_ T1S_003aRI.doc
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Agenda Item NO.7 A
June 6, 2006
Page 51 of 97
TABLE I
Site-generated Trip Estimates for PUD Extension
Land Use
WKDY AM Peak PM Peak
QTI Unit Q.ailx I2.ti! f!llilr ~ I2taI. Enw: ~
Shopping Center (LU 820):
Pass-by Deduction
Net New Primary Trips This Use
200,000 SF
32%
10,656 237 145 92 989 475 514
-3,410 -76 -38 -38 -316 -158-158
7.246 161 /07 54 673 317 356
Net ExternaJ New Primary Trips for Site
7,246 161 107 54 673 317356
Site-generated Trip Estimates for SDP
WKDY AM Peak PM Peak
Land Use QIX .u.nll; .la.i.Ix I2W.5nm ~ Total .enm .E2dl;
Free-standing Discount Store (LU 815) 138,065SF 7,734 116 79 37 699 349 349
Internal Capture Deduction -673 -68 -34 -34
Pass-by Deduction 17.2% -1,331 -20 -10 -10 -120 -60 -60
Net New Primary Trips This Use 5.731 96 69 27 511 256 255
Drug Store with Drive Thru (LU 881): 14,820 SF 1.307 39 22 17 128 63 65
Internal Capture Deduction (Daily/PM) 28% 20% -366 -26 -13 -13
Pass-by Deduction (AM/PM) 49% -461 -19 -10 -10 -50 -25 -26
Net New Primary Trips This Use 480 20 12 7 52 26 26
Bank w/Drive-thru (LU 912) 4.600 SF 1,096 57 32 25 210 105 105
Internal Capture Deduction (Daily/PM) 28% 20% -307 -42 -21 -21
Pass-by Deduction (PM) 47% -371 -27 -13 -13 -79 -40 -40
Net New Primary Trips This Use 418 30 18 12 89 45 45
Net ExternaJ New Primary Trips for Site 6,629 146 100 46 653 326 326
Internal capture rates were not computed for the Shopping Center scenario (PUD Extension)
because the lYE trip generation rates for a stand-alone shopping center already account for the
retail-to-retail internal capture between discrete uses within the development. With the specific
land use program of the SDP, the retail-to-retail internal capture deductions have been computed
Hammock Park Commerce Center PUD Extension TIS
6
1:\Projects\809\8091 0\Traffic\8091 0_ TIS_OO3aR I.doc
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Agenda Item No. 7 A
June 6, 2006
Page 52 of 97
using the procedures outlined in the ITE Trip Generation Handbook An ITE Recommended
Practice (see Appendix B).
Additionally, the retail land use will capture pass-by from the adjacent traffic stream on Collier
Boulevard and Rattlesnake Hammock Road. The ITE Trip Generation Handbook An ITE
Recommended Practice was used to determine an average Pass-By Capture reduction (see
Appendix B). Table 1 presents the resulting PM Peak Hour net external site-generated trips for
both the PUD Extension and SDP scenarios.
TRIP DISTRIBUTION AND ASSIGNMENT
The pattern of site traffic distributions is based on locations of generators in the area surrounding
the project by each type of land use. Table 2 presents the assumed distributions. Exhibit 3
graphically presents the same data. Exhibit 4 presents the primary trip volume assignments,
Exhibit 5 shows the pass-by deductions, and Exhibit 6 presents the overall network site-
generated trip assignments.
TABLE 2
Site-generated Trip Distribution
Net New Primary Trips
Link
Collier Blvd
Collier Blvd
Collier Blvd
Rattlesnake Hammock Rd
Rattlesnake Hammock Rd
Rattlesnake Hammock Rd
Davis Blvd
W-M Dist
Trip PM Peak
Qig~gu;
25% 79 89
30% 95 107
30% 95107
40% 127142
36% 114128
5% 16 18
5% 16 18
E!:Qm IQ
1.75 Davis Blvd
Davis Blvd Rattlesnake
Rattlesnake US 41
Polly Ave Collier Blvd
County Barn Rd Polly Ave
Charlemagne Blvd County Barn Rd
Santa Barbara Blvd Collier Blvd
SIGNIFICANCE TEST
Trip
Qlg
25%
30%
30%
40%
20%
5%
5%
According to Collier County Land Development Code (LDC) Section 6.02.02:
"M. Significance Test: Impact for the impact traffic analysis purposes for a proposed development
project will be considered significant:
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item No. 7 A
June 6, 2006
Page 53 of 97
1. On those roadway segments directly accessed by the project where project traffic is equal to or
greater than 3% of the adopted LOS standard service volume;
2. For those roadway segments immediately adjacent to segments which are directly accessed by the
project where project traffic is greater than or equal to 3% of the adopted LOS standard service
volume; or
3. For all other adjacent segments where the project traffic is greater than 5% of the adopted LOS
standard service volume.
Once traffic from a development has been shown to be less than significant on any segments using the
above standards, the development's impact is not required to be analyzed further on any additional
segments."
In other words, a project will have a significant and adverse impact on a state or regionally
significant roadway only if both of the following criteria are met: (1) the project will utilize 3
percent or more of the maximum peak hour service volume at the adopted level of service
standard for the adjacent and next to adjacent link,S percent for the other links; and (2) the
roadway is projected to operate below the adopted level of service standard. The data resources
used for this analysis are shown in the Appendix. Table 3 presents the significance test results.
TABLE 3
Significance Test for the PUO Extension
Site as
STD Site %of
Link fullD. I2 ~~ LOS Std
Collier Blvd 1-75 Davis Blvd 3,690 89 2.41%
Collier Blvd Davis Blvd Rattlesnake 3.270 107 3.27%
Collier Blvd Rattlesnake US41 3.330 9S 2.86%
Rattlesnake Hammock Rd Polly Ave Collier Blvd 3,200 127 3.96%
Rattlesnake Hammock Rd County Barn Rd Polly Ave 2,340 63 2.71%
Davis Blvd Santa Barbara Blvd Collier Blvd 1,530 16 1.05%
Significance Test for the SOP
Site as
STD Site % of
Link Er:2m I2 ~ Trips LOS Std
Collier Blvd 1-75 Davis Blvd 3,690 82 2.21%
Collier Blvd Davis Blvd Rattlesnake 3.270 98 2.99%
Collier Blvd Rattlesnake US41 3,330 98 2.94%
Rattlesnake Hammock Rd Polly Ave Collier Blvd 3,200 130 4.08%
Rattlesnake Hammock Rd County Barn Rd Polly Ave 2,340 6S 2.79%
Davis Blvd Santa Barbara Blvd Collier Blvd 1,530 16 1.05%
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item NO.7 A
June 6, 2006
Page 54 of 97
The analysis shows that the only roadway segments projected to have estimated site-generated.
trips that are significant (>3 percent of the SFmax) are Collier Boulevard between Rattlesnake
Hammock Road and Davis Boulevard, and Rattlesnake Hammock Road between Polly Avenue
and Collier Boulevard for the PUD Extension. For the SDP, the only link that is significant is
Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard. The intersection
capacity analyses were therefore limited to the CR 951 intersection at Rattlesnake Hammock
Boulevard.
PROJECTED BACKGROUND TRAFFIC VOLUMES
Specific Link volume data were provided by the Collier County Transportation Department.
These link volumes consisted. of recorded 2005 directional Peak Hour volwnes and ''banked''
trips that were assigned to the links for previously approved developments (see the Appendix -
Concurrency Segment Tables dated November 30, 2005). This is the methodology that is
currently in use by Collier County for tracking the availability of reserve capacity on specific
roadway links as part of their concurrency management efforts. Table 4 presents the link-
specific background traffic data for the significantly impacted links with the information
contained in the Concurrency Segment table.
TABLE 4
Link-specific Background Traffic Data
Based on Concurrency Segment Tables
LOS DPK TRIP BKGD REM
Link From To CAPY LANES SIQ H.B BANK ~ ~
Collier Blvd 1-75 Davis Blvd 3,690 6 E 3,300 461 3,761 (71 )
Collier Blvd Davis Blvd Rattlesnake 3.270 6 E 1.850 393 2,243 1,027
Collier Blvd Rattlesnake US41 3.330 6 E 1,730 419 2,149 1.181
Rattlesnake Hammock Rd Polly Ave Collier Blvd 3,200 6 E 580 188 768 2,432
Rattlesnake Hammock Rd County Barn Rd Polly Ave 2,340 6 E 820 105 925 1.4 f 5
Davis Blvd Santa Barbara Blvd Collier Blvd 1,530 2 D 1,120 504 1.624 (94)
Since this is a rezoning application, the historical growth rate trends were computed. for the links
shown in Table 4 and were applied to the Directional Peak Hour volumes for comparison
purposes. Table 5 presents the growth rate computational results for the same links.
Hammock Park Commerce Center PUD Extension 115
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Agenda Item No.7 A
June 6, 2006
Page 55 of 97
TABLE 5
Background Traffic Growth Projections
Based on Historical Growth Trends
MDT Growth DPK Hr Vol REM
.l.i.!Jk fum1 IQ 2QQQ ~ .Blli ~ ~ ~ CAP
Collier Blvd 1-75 Davis Blvd 36,610 53,866 11.8% 2,695 4,210 3,690 (520)
Collier Blvd Davis Blvd Rattlesnake 25.96833,926 7.7% 1,698 2,280 3,270 990
Collier Blvd Rattlesnake US41 24,247 31,462 7.4% 1,630 2,170 3,330 1.160
Rattlesnake Hammock Rd Polly Ave Collier Blvd 6,892 10,876 14.5% 611 1,050 3,200 2.150
Rattlesnake Hammock Rd County Barn Rd Polly Ave 13,06515,586 4.8"~ 876 1,060 2.340 1.280
Davis Blvd Santa Barbara Blvd Collier Blvd 21,058 25,969 5.8% 1,277 1,600 1,530 (70)
Manual turning movement and directional counts were also collected by Florida Transportation
Engineering, Inc. (FTE). These data were used to distribute the approach volumes at the
intersections.
Exhibit 7 presents the projected PM Peak Hour Projected Background Traffic extracted from the
FTE count approach percentages and the link specific background traffic data. Exhibit 8 presents
the PM Peak Hour Projected Total Traffic used for the intersection capacity analyses. The PM
Peak Hour traffic was used because the site-related land use peak hour typically occurs in the PM
Peak Hour of the adjacent street traffic.
ANAL YSES
The directional split of new trips was applied to the site-generated traffic volumes to determine
the site-generated vehicle trips assignment. The site-generated vehicle-trip assignments were
added to the background traffic-volume networks to detennine the Build-out traffic volume
conditions.
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item NO.7 A
June 6. 2006
Page 56 of 97
CAPACITY AND LEVEL OF SERVICE
Link Analyses
Link. Levels of Service were evaluated for both Background and Total Traffic conditions for this
project. Background traffic volumes were projected using both the Concurrency Segment and
historical trend methods. The Performance Standard Maximum Service Flowrates (SF max) for
different roadway segments were provided by the Collier County Transportation Planning
Department with the Concurrency Segment data. Copies of these data are contained in the
Appendix. Table 6 presents the link analysis results.
TABLE 6
Link LOS Analysis Results
Based on Concurrency Segment Data for PUD Extension
Link fr.Qm L2
Collier Blvd 1-75 Davis Blvd
Collier Blvd Davis Blvd Rattlesnake
Collier Blvd Rattlesnake US41
Rattlesnake Hammock Rd Polly Ave Collier Blvd
Rattlesnake Hammock Rd County Barn Rd Polly Ave
Davis Blvd Santa Barbara Blvd Collier Blvd
Link LOS Analysis Results
Based on Historical Growth Trends for PUD Extension
.Link
Collier Blvd
Collier Blvd
Collier Blvd
Rattlesnake Hammock Rd
Rattlesnake Hammock Rd
Davis Blvd
From
L2
Davis Blvd
Rattlesnake
US 41
Collier Blvd
Polly Ave
Collier Blvd
1-75
Davis Blvd
Rattlesnake
Polly Ave
County Barn Rd
Santa Barbara Blvd
PK Hr Dir Traffic W/ln SFMA)(?
BKGD ~:[QW S.Ew.x ~!QW
3,761 89 3,850 3,690 N N
2,243 107 2,350 3,270 Y Y
2,149 95 2,244 3,330 Y Y
768 127 895 3,200 Y Y
925 63 988 2,340 Y Y
1,624 16 1,640 1,530 N N
PK Hr Dir Traffic W/ln SFMAXl
BKGD ~ Total S.Eaws. BKGD I.Qtal
4,210 89 4,299 3,690 N N
2,280 107 2,387 3,270 Y Y
2,/70 95 2,265 3,330 Y Y
1,050 127 1,177 3,200 Y Y
1,060 63 J, 123 2,340 Y Y
1,600 16 1,616 1,530 N N
The studied links are proj ected to exceed the level of service standards for the Peak Hours with
both Buildout Year projected Background and Total Traffic for Collier Boulevard from 1-75 to
HammocJc: Park Commerce Center PUD Extension TIS
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Agenda Item NO.7 A
June 6, 2006
Page 57 of 97
Davis Boulevard and Davis Boulevard from Santa Barbara Boulevard to Collier Boulevard under
both with and without the project.
Intersection Analyses
The analyses were conducted using the Trafficware™ software package, SYNCHRO(!3) version
6.0 to determine probable intersection operations. Two different Buildout Year conditions were
analyzed: Background Traffic and Total Traffic. The committed roadway improvements were
assumed to be constructed. based primarily on the relationships between the significant links and
proximity to the site. The foregoing determinations were based on the background traffic data
contained on Appendix. Additional analyses were conducted on key intersections in the Area of
Influence.
If no degradation to the service level of an intersection using total traffic volumes was identified,
then no additional analyses were performed on that intersection. Copies of the analysis results
are contained in Appendix.
Although the site MCP shows three access points on Rattlesnake Hammock Road Extension and
one access on CR 951, all site-generated trips were assigned to the CR 951 & Rattlesnake
Hammock Road Extension. This was done to evaluate a conservative-case scenario for the
arteria1-to-arteria1 intersection. Turn lane lengths of need will be evaluated elsewhere for these
other intersections.
The analyses indicate that the Collier Boulevard & Rattlesnake Hammock Road intersection is
projected to operate at LOS C, with 34 sec/veh average intersection delay, under projected
BackgroWld traffic conditions using the following lane configuration that is consistent with the
preliminary roadway design plans for the Rattlesnake Hammock widening project:
Southbound Approach - I exclusive left, 3thru, I exclusive right
Northbound Approach - 2 exclusive lefts, 3 thru, I exclusive right
Eastbound Approach - 2 exclusive lefts, I thru, I exclusive right
Westbound Approach - I exclusive left, I thru, I exclusive right
The same lane configuration is anticipated to be able to accommodate projected Total traffic by a
simple revision of the signal timing splits. The analyses project that the intersection will operate
Hammock Park Commerce Center PUO Extension TIS
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Agenda Item NO.7 A
June 6, 2006
Page 58 of 97
at LOS D with an average intersection delay of39 sec/veh. These analyses indicate that projected
operations are at the LOS CID threshold.
SITE ACCESSES
Up to four access points are contemplated for the project: one on CR 951 approximately 575 ft
north of the centerline of Rattlesnake Hammock Road, and three on Rattlesnake Hammock Road
Extension approximately 425 ft, 850 ft, and 1,230 ft east of CR 951. The Site Access analyses
consisted of two analytic methodologies consisting of evaluating the proposed locations relative
to turn lane constructability and meeting access location standards, and utilizing SYNCHROiKl
software, which is based on the Highway Capacity Manual 2000 (HCM 2000), applied to Build-
out year traffic as a single access point on Rattlesnake Hammock Boulevard. The Appendix
contains the SYNCHROiKl computer printouts.
It was recognized during the study process that need for, and length of need of, turn lanes, and
how those lengths of need would interact with neighboring accesses and improvements, would
affect the recommended access configurations, and their location along the site frontage. Four
parameters were used in order to reach the recommendations: current land uses in the area,
entering and exiting turn movement assignments, the capacity analysis results, the turn lane
length of need analysis results, and the proximity of the proposed access to neighboring
accesses/inters ections.
According to the Collier County Right-of Way Ordinance #2003-37, turn lanes must be provided
on all access points that intersect multilane highways. Additionally, left turn lanes must be
provided whenever the left turn volume into a development is two (2%) of the Level of Service
"C" daily volume or whenever the highest hourly volume of turning movement is 20 vehicles or
more. The same ordinance establishes that right turn lanes must be provided whenever the right
turn volume into a development is two (4%) of the Level of Service "c" daily volume or
whenever the highest hourly volume of turning movement is 40 vehicles or more. The FDOT
Index 301 and Figure 3-15 of the Manual of Uniform Minimum Standards were used for
conceptual geometric design (see Appendix).
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item No.7 A
June 6, 2006
Page 59 of 97
According to FDOT Index 301, the deceleration lane length is 145 feet for a 35 mph design
speed, and 185 feet for a 45 mph design speed. Since Collier County uses the roadway posted
speed as the turn lane design speed, the turn lanes on Rattlesnake Hammock Boulevard should
have 145-foot deceleration lanes, and those on CR 951 should have 185-foot deceleration lanes,
in addition to the applicable storage lanes.
CR 951 RIIRO Access
Access Point Location
This is a secondary access. The proposed access should be located approximately 575 feet north
of the Rattlesnake Hammock Boulevard centerline. It should be a right-inlright-out only access.
Northbound Right Turn
The proposed access will need an exclusive right turn lane. The deceleration lane length should
be 185-foot deceleration lane with departure taper.
Rattlesnake Hammock Boulevard West Access
Access Point Location
This is a secondary access. The proposed access should be located approximately 425 feet east
of the CR 951 & Rattlesnake Hammock Boulevard intersection centerline. This is consistent
with the connection spacing requirements for an Access Class 6 facility, which is 245 feet.
Although it is a secondary access, it may still operate as a fuJI-movement intersection through
project buildout with the Rattlesnake Hammock Boulevard extension remaining a two-lane
roadway.
Eastbound Left Turn
The proposed access should be provided with an exclusive left turn lane in order to avoid queue
blockage at the CR 951 intersection. The deceleration lane length should be 195 feet, consisting
of a 145-foot deceleration lane with departure taper and a 50-foot storage lane.
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item NO.7 A
June 6, 2006
Page 60 of 97
Rattlesnake Hammock Boulevard Main Access
Access Point Location
This is the primary access. The proposed access should be located approximately 850 feet east
of the CR 951 & Rattlesnake Hammock Boulevard intersection centerline, and 425 feet east of
the west access. This is consistent with the connection spacing requirements for an Access Class
6 facility, which is 245 feet.
Eastbound Left Turn
The proposed access should be provided with an exclusive left turn lane in order to avoid queue
blockage at the CR 951 intersection. The deceleration lane length should be 195 feet, consisting
of a 145-foot deceleration lane with departure taper and a 50-foot storage lane.
Rattlesnake Hammock Boulevard East Access
Access Point Location
This is a service access. The proposed access should be located approximately 1,130 feet east of
the CR 951 & Rattlesnake Hammock Boulevard intersection centerline, and 380 feet east of the
west access. This is consistent with the connection spacing requirements for an Access Class 6
facility, which is 245 feet.
Since it is a service access, the vehicular volumes using it are anticipated to be very low.
Providing turn lanes at this access is therefore unnecessary.
Capacity Analysis
This access was evaluated to determine the projected intersection operations during the PM Peak
Hour. The Unsignalized Intersection analysis clearly indicated that side-street STOP-controlled
intersection operation would provide acceptable operational characteristics for traffic trying to
exit the site. (LOS B, 10 sec/veh) using shared southbound left and right turn lanes.
Since Rattlesnake Hammock Road is two-lane undivided local roadway, which ends at the
proposed development, no exclusive turn lanes are required at the main access at this time;
however, Rattlesnake Hammock east of CR 951 will not likely continue to indefinitely exhibit
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item No. 7 A
June 6,2006
Page 61 of 97
the low volumes observed today. Although the proposed site access intersection is projected to
operate acceptably with a shared though/left lane for the west (eastbound) approach and a shared
through/right lane for the east (westbound) approach, sufficient right-of-way should be reserved
along Rattlesnake Hammock to accommodate future widening and turn lanes.
Transportation Concurrency Management Area (TCMA)
The project has impacts on roadway segments located in the East Central Transportation
Concurrency Management Area. In accordance to the Collier County Land Development Code
Section 6.02, "to maintain concurrency, each TCMA shall maintain 85% of its north-south lane
miles and 85% of its east-west lane miles at or above the LOS standards described in Policies 1.3
and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a
proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving
the LOS standards indicated above, the proposed development shall not be permitted where such
condition occurs unless modification of the development is made sufficient to maintain the LOS
standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are
committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital
Improvement Element of the GMP.
An analysis of the north-south and east-west lane miles within the East Central TCMA found
that as of November 2005,93.5% of the lane miles meet LOS standards.
Presently, the project would only affect two roadway segments within the East Central TCMA
while the entire TCMA maintains over 85% of the lane miles at LOS standards. Therefore
,
according to the TCMA requirements, a proportionate share payment may be appropriate.
Collier County is required to utilize this proportionate share payment to add trip capacity, and
enhance traffic operations to increase capacity within the impacted TCMA, andlor to enhance
mass transit or other non-automotive transportation alternatives that reduce vehicle trips within
the TCMA. Per Collier County Transportation Department policy, this proportionate share
payment shall be capped at 15% of the road impact fees for the project.
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item NO.7 A
June 6, 2006
Page 62 of 97
In addition, for the project to be exempt from link specific concurrency, new commercial
development or redevelopment within Collier County's designated TCMA's shall utilize
Transportation Demand Management (TDM) strategies per the LDC.
IMPROVEMENTS ANALYSIS
Because many of the analyses were addressed in previous sections, this improvement analysis
section will be limited to a conclusive narrative.
As shown in Table 5, the levels of service for all links in the area of the project will meet the
level of service standards computed by the ADIR Tables for PM Peak Hour with Buildout Year
Total Traffic. Therefore, no off-site improvements are projected to be required for this project.
The Collier Boulevard & Rattlesnake Hammock Boulevard is planned for construction by Collier
County with the following lane configuration:
Southbound Approach - I exclusive left. 3thru. I exclusive right
Northbound Approach - 2 exclusive lefts, 3 thru. I exclusive right
Eastbound Approach - 2 exclusive lefts. I thru. 2 exclusive rights
Westbound Approach - I exclusive left, I thru, I exclusive right
The proposed accesses on CR 951 and on Rattlesnake Hammock Boulevard should have the
following configurations:
CR 951 RIIRO:
Approx. 575 ft north of the Rattlesnake Hammock Boulevard centerline
ISSt northbound exclusive right turn lane
Rattlesnake Hammock Boulevard Extension West Access:
Approx. 425 ft east of the CR 9S1 centerline
Full-movement access
195- ft eastbound exclusive left turn lane when needed
Rattlesnake Hammock Boulevard Extension Main Access:
Approx. 850 ft east of the CR 95 I centerline
Full-movement access
195- ft eastbound exclusive left turn lane when needed
Rattlesnake Hammock Boulevard Extension East Access:
Approx. 1,135 ft east of the CR 951 centerline
Full-movement access
No left or right turn lanes
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item NO.7 A
June 6, 2006
Page 63 of 97
MITIGATION OF IMPACT
The developer proposes to pay the appropriate Collier County Road Impact Fees and
proportionate share fees as required. The developer also proposes to construct the site-related
improvements identified at the site access.
Hammock Park Commerce Center PUD Extension TIS
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Agenda Item No.7 A
June 6, 2006
Page 64 of 97
'-",
ApPENDIX
. Initial Meeting Minutes
. Collier County Concurrency Segment Table September 21, 2005
. Collier County 2004 Traffic Counts
. FTE Turning Movement Count Data
. SYNCHRO@ 6.0 Analysis Printouts
. FDOT Standard Index 30 I
Hammock Park Commerce Center PUD Extension TIS
Appendix
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Agenda Item No. 7A
June 6, 2006
Page 65 of 97
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Page 66 of 97
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Page 67 of 97
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Page 68 of 97
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Page 69 of 97
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June 6. 2006
Page 70 of 97
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June 6, 2006
Page 71 of 97
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Agenda Item NO.7 A
June 6, 2006
Page 72 of 97
ApPENDIX
. Initial Meeting Minutes
· Collier County Concurrency Segment Table September 21, 2005
. Collier County 2004 Traffic Counts
. FTE Turning Movement Count Data
. SYNCHRO@ 6.0 Analysis Printouts
. FDOT Standard Index 30 I
Sembler Feathers PUD Extension TIS
Appendix
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qJ}t!!': ~06
~age'7.) of 97
APPENDIX A
INITIAL MEETING CHECKLIST
Suggestion: Use this Appendix as a worksheet to ensure that no important elements
are overlooked. Cross out the items that do not apply;
Date: 9/8/04 Time:
Location: Collier County Planning Conference Room (Trans. Ops.) SMD Suite
PeoDle Attendin2:
Name, Organization, and Telephone Numbers
1) Reed Jarvi. P.E.-Vanasse & Daylor, LLP 437-4601
2) Alan El Urfali-CC Transportation
3)_
4)_
5)_
Study PreDarer:
Preparer's Name and Title: Randy Spradling. PE - Director of Transportation
Organization: Vanasse & Daylor. LLP
Address & Telephone Number: 12730 New Brittany Blvd. Suite 600
Fort Myers. FL 33907 (239) 437-4601
Reviewer(s):
Reviewer's Name & Title: Alan El-UrfaIi
Collier County Transportation Operations and Plan Review Department
Reviewer's Name & Title:
Organization & Telephone Number: _
ADDlicant:
Applicant's Name: Mr. Alan Thomas. The Sembler Company
Address: 5858 Central Avenue. St. Petersburg. FL 33707
Telephone Number: ~-a?r - ~~ -to ~ ~
Proposed DeveloDment:
Name: Target Shopping Center
Location: Northeast comer of Collier Blvd & Rattlesnake Hammock intersection
Land Use Type: Free-standing Discount Superstore 1 Gas Station w/Convenience Store 1
Drive-In Bank
ITE Code #: LU 8131 LU 946/ LV 912
Proposed gross floor area: 142.500 SF GLA LV 813 and 4.700 SFGLA LV 912 at Build-
out
Other: 16 fueling positions LU 946
1:lProjec!sI8OIM0910\ T1lI1&;1809101v1e1hMtg.doc
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Agenda Item NO.7 A
June 6, 2006
Page 74 of 97
Description:
Zoning
Existing: Planned Unit Development (PUD)
Comprehensive plan recommendation: Urban Residential FringelMixed-Use Activity
Center Sub-districts
Requested: Planned Unit Development (PUD)
Findings of the Preliminary Study: Trip Generation: The site is oro;ected to generate 606
PM Peak net new (primary) trips (298 entering. 309 exiting). with Pass-by and internal
capture reductions accounting for 376 total trips (188 entering. 188 exiting),
Study TVDe:
Complete
k8J
D
Traffic operations
D
None
Study Area:
Boundaries: CR 951. US 41. Rattlesnake Hammock Blvd.. Davis Blvd. 1-75 (Exhibit 1).
Additional intersections to be analyzed: CR 951 & Rattlesnake Hammock Blvd.. oossibly
Rattlesnake Hammock Blvd CR 951 & Polly Ave (Exhibit 2)
Horizon Year(s): 2007
Analysis Time Period(s): Weekday PM
Future Off-Site Developments:
~!A-
Source of Trip Generation Rates: Institute of Transportation Engineers rITE) Trip
Generation nth Edition)
Reductions in Trip Generation Rates:
None: N/ A
Pass-by trips: fustitute of Transportation Engineers (ITE) Trip Generation Handbook, 2nd
Edition. June 2004.
futemal trips (PUD): fustitute of Transportation Engineers (ITE) Trip Generation
Handbook. 2nd Edition. June 2004.
Transit use: N/ A
Other: N/A
Horizon Year Roadwav Network Improvements Committed: CR 951 six-larring in
p lace from US 41 to Green Blvd.
Methodolol!V & Assumptions:
Non-site traffic estimates: _~/A
Site-trip generation: ITE Trip G~;ation nth Edition)
Trip distribution method: Manual method per attractors/generators in the area.
Traffic assignment method: manual
Traffic growth rate: F = P (1 +GRt and Concurrency Segment Proiections
f.\Projeds\509'.809101 T",f1Ic\8IXil0M~lhMg.rklc
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Agenda Item No. 7 A
June 6,2006
Page 75 of 97
Special Features: (from preliminary study or prior experience)
Accidents locations: N/A
Sight distance: Adequate
Queuing: N/ A
Access location & configuration: One RI/RO access point on CR 951, one full-movement
access point on Rattlesnake Hammock Blvd.
Traffic control: Side street STOP control on RI/RO access.
Signal system location & progression needs: N/ A
On-site parking needs: Adequate
Data Sources: Collier Co Traffic Counts and AUlR. Florida Transportation Engineering,
Inc. (PTE) Traffic Counts
Base maps: Roadwav Network
Prior study reports: N/A
Access policy and jurisdiction: Collier Co
Review process: PUD
Requirements:
Miscellaneous:
N/A
Applicant
1.'oP/tJi8ds\B09\1J()91 01 T18fliG\8091 OMeIhMp.doc
-,
Agenda Item No. 7 A
June 6, 2006
Page 76 of 97
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Agenda Item No. 7A
June 6. 2006
Page 77 of 97
- -
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Site-generated Trip Estimates!
".
WKDY AM Peak PM Peak
~ QIY ~ Qiih( IQIal fm&r Exit I2!al fm&r fxi1..
Free-standing Discount Superstore (LU 81 >) 142,500 SF 7.012 262 134 12B 551 270 281
Internal Capture Deduction (Daily/PM1
Pass-by Ded\lction 2B% -1.964 -74 -37 -37 -154 -n -77
Net New Pri~ry Trips This Use 5.048 /88 97 92 398 /93 204
Gas Station w/Convenience Store & Car Wasil (LU 946) 16 Pumps 2,446 170 87 83 214 107 101
Internal Capture Deduction (Daily/PM)
Pass-by Deduction (AMfPM) 62% 56% -1.370 -106 -53 -53 -120 -60 -60
Net New Primary Trips This Use /,076 65 34 3/ 94 47 47
Bank w/Drive-thru (2 banks - LU 912) 4,700 SF 1,160 58 32 26 216 lOB lOB
Internal Capture Deduction (Daily/PM)
Pass-by Deduction (AM/PM) 47% -545 -102 -51 -51
Net New Primary Trips This Use 6/5 58 32 26 114 57 57
Net External New Pri";'ary Trips for Site 6,739 ]11 16] 148 606 298 ]09
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June 6, 2006
Page 78 of 97
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I Agenda Item NO.7 A
June 6, 2006
Page 79 of 97
, ConcSegments 11.30.2005
L.OS DPK TRIP REM
NAME FROM TO CAPACITY LANES STD HR BANK TOTVOL. CAP
I VOL.
Airport Road Immokalee Road Vanderbilt Beach Road 2.460 4 0 1,870 336 2.206 25<4
Airport Road Vanderbilt Beach Road Pine Ridge Road 3,970 6 E 2.3<10 <487 2.827 1.143
Airport Road Pine Ridge Road Golden Gate Parkway 3,830 6 E 2.210 523 2,733 1,097
I Airport Road Golden Gate Parkway Radio Road 3.230 6 E 2,620 269 2.889 341
Airport Road Radio Road Davis Boulevard 4,100 6 E 2.370 231 2,601 1.499
Airport Road Davis Boulevard US 41 2,5BO 6 E 1,930 211 2,141 439
Barshore Drive UHI Thomasson Drive 1,950 4 0 740 41 781 1,169
I County Barn Road Davis Boulevard Rattlesnake Hammock Road 1,860 4 D 690 224 914 946
CR29 US 41 Chokoloskee Island 875 2 0 181 4 IB5 690
Davis Boulevard UHI Airport Road 3,420 6 E 1,950 1+4 2,094 1,326
Davis Boulevard Airport Road Lakewood Boulevard 2.080 4 D 1.930 107 2,037 43
I Davis Boulevard Lakewood Boulevard County Barn Road 2.430 4 D 1.930 235 2, 165 265
Davis Boulevard County Barn Road Santa Barbara Boulevard 2.0400 4 D 1.860 501 2,361 39
Davis Boulevard Santa Barbara Boulevard Collier Boulevard 1,530 2 D 1,120 504 1,624 -94
Golden Gate Boulevard Collier Boulevard Wilson Boulevard 2.350 4 D 1.2040 278 1.518 B32
I Golden Gate Parkway US 41 Goodlette-Frank Road 3.180 6 E 1,200 76 1,276 1,9()4
Golden Gate Parkway Goodlette-Frank Road Airport Road 4.350 6 E 2,670 171 2,841 1,509
Golden Gate Parkway Airport Road 1-75 4.370 6 E 2,060 270 2,330 2,040
Golden Gate Parkway 1-75 Santa Barbara Boulevard 3,730 6 E 2,070 169 2,239 1,491
I Golden Gate Parkway Santa Barbara Boulevard Collier Boulevard 1.980 4 0 1.750 182 1.932 -48
Goodlette-Frank Road Immokalee Road Vanderbilt Beach Road 1,190 2 0 630 134 76-4 426
Goodlette-Frank Road Vanderbilt Beadl Road Pine Ridge Road 2.790 6 D 1,160 157 1.317 1,473
Goodlette-Frank Road Pine Ridge Road Golden Gate Parkway 3,-420 6 E 1.460 272 1.732 1.688
I Goodlette-Frank Road Golden Gate Parkway UHI 3.500 6 E 1,850 103 1,953 1.5<47
Green Boulevard Santa Barbara Boulevard Collier Boulevard 1,040 2 0 6BO 39 719 321
Gulfshore Drive Illth Avenue Vanderbilt Beach Road 530 2 0 250 16 266 26-4
~ Collier Boulevard Immokalee Road Golden Gate Boulevard 3.300 6 E 1.010 858 1.868 1,432
Collier Boulevard Golden Gate Boulevard Green Blvd 3.300 6 E 1,680 678 2.3S8 942
Collier Boulevard Green Boulevard 1-75 2,260 -4 0 1,-470 600 2,070 190
Collier Boulevard 1-75 Davis Boulevard 3,690 6 E 3,300 461 3,761 .71
I Collier Boulevard Davis Boulevard Rattlesnake Hammock Ro; 3,270 6 E 1,850 393 2,243 1,027
Collier Boulevard Rattlesnake Hammock Ro; US 41 3,330 6 E 1,730 419 2,149 1,181
SR 951 US-41 Manatee Road 1,970 -4 D 1,850 332 2,182 -212
SR 951 Manatee Road Mainsail Dr 2.590 -4 0 I.S 10 279 1,789 801
I III th Avenue N. Gulfshore Drive Vanderbilt Drive 760 2 D 350 22 372 388
III th Avenue N. Vanderbilt Drive UHI 1.040 2 0 770 88 858 182
Immokalee Road UHf Airport Road 3,030 6 E 2.000 515 2,515 515
Immokalee Road Airport Road 1.75 3.290 6 E 2.290 599 2,889 401
I Immokalee Road 1-75 Logan Boulevard -4,370 6 E 2.130 1.2045 3.375 995
Immokalee Road Collier Boulevard Wilson Boulevard 3.790 6 E 1.100 653 1,753 2.037
Immokalee Road Wilson Boulevard 011 Well Road 3.670 6 E 1,280 593 1,873 1,797
Immokalee Road Oil Well Road Everglades Boulevard 860 2 0 220 146 366 -49-4
I Lake Trafford Road West of SR 29 SR 29 875 2 0 330 36 366 509
Logan Boulevard Vanderbilt Beach Road Pine Ridge Road 990 2 0 -430 127 557 433
Logan Boulevard Pine Ridge Road Green Boulevard 2.070 -4 0 1.220 201 1,421 6-49
Uvingston Road Imperial Street Immokalee Road 3.260 6 D 570 156 726 2,53-4
I Livingston Road Immokalee Road Vanderbilt Beach Road 3.890 6 E 1.000 61 1.061 2.829
Uvingston Road Vanderbilt Beach Road Pine Ridge Road 3.890 6 E 1,000 162 1.162 2.728
Uvingston Road Pine Ridge Road Golden Gate Parkway -4.000 6 E 1.370 39-4 1.76'1 2.236
UYingston Road Golden Gate Parkway Radio Road 4.000 6 E 1.260 223 1,<483 2,517
I N. I st Street New Market Road Main Street 1.000 2 D 400 14 -414 586
New Market Road Broward Street SR 29 1,010 2 0 430 47 -477 533
Camp Keais CR 858 Immokalee Road 860 2 0 130 203 333 527
Old US-41 Lee County Une US 41 1,010 2 0 780 70 850 160
1- Seagate Drive Crayton Road US 41 1.620 4 0 930 68 998 622
Pine Ridge Road US 41 Goodlette-Frank Road 2.730 6 E 2.010 180 2.190 540
Pine Ridge Road Goodlette-Frank Road Shirley Street 3.300 6 E 2.760 328 3.088 212
I
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I Agenda Item NO.7 A
June 6, 2006
Page 80 of 97
I ConcSegments 11.30.2005
DPK
LOS TRIP REM
NAME FROM TO CAPACITY LANES HR TOTVOL
STD BANK CAP
I VOL
Pine Ridge Road Shirley Street Airport Road 3,730 6 E 2,760 392 3,152 578
Pine Ridge Road Airport Road l-75 3,730 6 E 2,800 721 3,521 209
Pine Ridge Road 1-75 Lozan Boulevard 3.790 6 E 2,190 230 2,420 1.370
I Radio Road Airport Road UvingstOn Road 2,180 4 D 1,300 290 1.590 590
Radio Road UvingstOn Road Santa Barba.... Boulevard 2.120 4 D 1,560 In 1.737 383
Radio Road Santa Barba.... Boulevard Davis Boulevard 2, 120 'I D 1.250 2-42 1,492 628
Rattlesnake Hammock Road US 41 East Charlemagne Boulevard 1.9-40 4 D I,IBO 131 1,311 629
I Rattlesnake Hammock Road Charlemagne Boulevard County Barn Road 1,9-40 'I D 1.010 127 1,137 B03
Rattlesnake Hammock Ro. County Bam Road Polly Avenue 2,340 'I D 820 105 925 1,415
Rattlesnake Hammock Ro. Polly Avenue Collier Boulevard 1,860 4 D 580 IB8 768 1,092
Santa Barba.... Boulevard Green Boulevard Golden Gate Parkway 1.930 'I D 1.360 171 1.531 399
I Santa Barbara Boulevard Golden Gate Parkway Radio Road 3,070 6 E 1,520 363 1,8B3 1.IB7
Santa Barbara Boulevard Radio Road Davis Boulevard 2.790 6 E 970 536 1.506 1.28'1
SR 29 US 'II CR 837 B75 2 C 130 0 130 745
SR29 CR B37 1-75 B75 2 C 130 0 130 745
I SR29 1-75 CR 858 B75 2 C 130 35 165 710
SR 29 CR 858 CR 29A (New Market) 875 2 C 460 122 582 293
SR 29 CR 29A South N 15th St 1,860 'I C 700 116 BI6 1.0+4
I SR 29 N 15th St CR 29A North B75 2 C 290 39 329 5"16
SR 29 CR 29A North SR 82 B75 2 C 5-40 75 615 260
SR 29 Hendry County Une SR B2 B75 2 C 290 10 300 575
SR B2 Lee County Une SR 29 875 2 C 540 84 624 251
I T amlaml Trail East Four Comers Goodlette-Frank Road 3,410 6 E 2,090 89 2.179 1.231
Tamiaml Trail East Goodlette-Frank Road Davis Boulevard 3,850 8 E 3.500 206 3,706 1+4
Tamlaml T....II East Davis 80ulevard Airport Road 2,750 6 E 1,970 373 2,343 -407
Tamlami Trail East Airport Road Rattlesnake Hammock Road 3.200 6 E 2.870 373 3,243 --43
I Tamiami T....II East Rattlesnake Hammock Road Triangle 80ulevard 3,500 6 E 1,820 426 22"16 1.254
T amiami T raU East Triangle Boulevard Collier Boulevard 3,200 6 E 1,470 55B 2.028 1.172
T amlami Trail East Collier Boulevard San Marco Drive 1,075 2 C 640 609 1,249 -174
Tamiami Trail East San Marco Drive 5R 29 1,075 2 C 270 10 2BO 795
I Tamlami T....i1 EaSt SR 29 Dade County Une B75 2 C 220 3 223 652
Tamlaml Trail North Lee County Une Wiggins Pass Road 2.0400 6 E 1,910 1&4 2.094 306
Tamlaml Trail North Wiggins Pass Road Immokalee Road 3.520 6 E 2,5 I 0 351 2,B61 659
Tamlaml Trail North Immokalee Road Vanderbilt Beach Road 3,370 6 E 2,560 372 2.932 43B
I Tamiami Trail North Vanderbilt Beach Road Gulf Park Drive 3,+40 6 E 2.490 194 2.6&4 756
Tamiami Trali North Gulf Park Drive Pine Ridge Road 3,550 6 E 2.800 IBB 2.988 562
Tamiami Trail North Pine Ridge Road Solana Road 3,410 6 E 3,010 99 3,109 301
Tamiami Trail North Soiana Road Creech Road 3,470 6 E 2. 790 52 2.&42 628
I Tamlami Trail North Creech Road Golden Gate Parkway 3,320 6 E 2.550 60 2.610 710
Tamiaml Trail North Golden Gate Parkway Ceneral Avenue 3.860 6 E 2.120 73 2,193 1,667
Tamlaml Trail North Central Avenue Goodlette-Frank Road 3,880 6 E 2,180 54 2,234 I,M6
Thomasson Drive Bayshore Drive US 'II East 760 2 D 400 54 454 306
I Vanderbilt Beach Road Gulfshore Drive U541 1,290 2 E 1.090 56 1,1"16 1+4
Vanderbilt Beach Road UHf Airport Road 1.820 'I 0 1,410 239 I,M9 171
Vanderbilt Beach Road Ai rport Road Logan Boulevard 3,540 6 E 1,+40 258 1,698 1,&42
Vanderbilt Beach Road Logan Boulevard Collier Bouievard 3,600 6 E 710 2'16 956 2, 6+4
I Vanderbilt Drive Lee County Une Wiggins Pass Road 1,075 2 D 6-40 93 733 342
Vanderbilt Drive Wiggins Pass Road I II th Avenue 1,150 2 D 670 51 721 '129
Wiggins Pass R.oad Vanderbilt Drive US 41 1,050 2 D "160 107 567 483
I 011 Well Road Immokalee Road Everglades Boulevard 1,010 2 D 530 177 707 303
Pine Ridge Road Logan Boulevard Collier Boulevard 2,800 'I D 1,240 93 1,333 1.467
Immokalee Road Logan Boulevard CR 951 3,250 6 D 2.2-40 188 2,'128 822
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Lanes, Volumes, Timings
3: Rattlesnake H. Rd & Collier Blvd
Agenda Item NO.7 A
June 6, 2006
Semblera~IaEDt;9 7
6L CR. 951, Rattlesnake W ofCR 951
/'
\..
-!
.,.I
'- ~
t
+-
I"
........ ...
~
400 265 265 375 465 0435 500 0400
I
4.0 04.0 4.0 04.0 04.0 04.0 04.0 4.0 4.0 4.0 4.0 4.0
Satd. Flow 30433 1863 2787 1770 1863 1583 3433 5085 1583 1770 5085 1583
Sate!. Flow 3433 1863 2787 1410 1863 1583 3433 5085 1583 1770 5085 1583
10 13 2 420
~..
4744 4728 4088 3672
- 'V
604 2 236 04 4 12 221 1899 2 7 1350 386
657 2 257 04 04 13 240 2064 2 8 1467 0420
Protected Phases 7 4 45 8 5 2 6
32.0 52.0 70.0 20.0 20.0 20.0 18.0 60.0 60.0 8.0 50.0 50.0
0.23 0.010 0.55 0.13 0.13 0.13 0.12 0.017 0.47 0.03 0.38 0.38
Control.:i.a
~-r'.
Total Del~ 53.2
p~ ~ ~lJTi1Il
.ChD~,
I..] ~ . .L~
53.2
21.5
13.2 045.8 45.5 21.2
33.8
57.2
12.0
61.4
35.1
04.04
. : 4-~t~~,,~ -; ~, ~ ~.-: ~~, . ~ , '- " , -~~ J~ ,-I '\".' ~ '" " ~,
2r.5
II
41.9
~-
13.2 45.8 045.5 21.2
11 I
30.5
~~ 1 I l/- M.1. Tn
57.2
33.8
12.0
61.4
...
35.1
4.04
.
36.2
_...,~
28.4
-r
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f ~ r'
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~Ie Len.120
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Offset 0 0%, Referenced to hase 2:NBT and 6:SBT Start of Green
-(l::~";'!\~~~";'~;;}1 ~" ~';'''- 'I' I ~"'~ ..1';'\ :f~~ -"~ (~' '}"A:
Maximum v/c Ratio: 0.87
"'"
Intersection cap.a_. Utili Ion 73.9%
^1l.J~ "T _Jm ~-
Lr
rrr-'--
3: Rattlesnake H. Rd & Collier Blvd
PM BKGD
NG/ERS - 10/20/2005
Vanasse & Daylor. LLP
Synchro 6.0 Report. Page I
1:\Projects\809\8091 0\Traffic\Synchro\8091 O_PMBKGDO 1_6Lsy7
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Agenda Item NO.7 A
June 6, 2006
Lanes, Volumes, Timings Sembler Feathers PUD'~idre7
3: Rattlesnake H. Rd & Collier Blvd 6L CR 95 I, Rattlesnake W of CR 95 I
/' -+ ,. of +- '- "" t I" '. ~ .I
Lane c~ons ~ r J
19.) . 1-
_La 400 265 265 375 465 435 400
I ~mllli -- f'tl IkflWi iJ~ l HU l"~ J
Total Lost Time..,. 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
1lII.18lIIIlIIIQII r il8lRIl-L'H 1lIirl-~7--l & tl9T mr. III
Satd. Flow .. 3433 1863 2787 1770 1863 1583 3433 5085 1583 1770 5085 1583
~ . 8- 11I11II11 LL JI ~l ~ ~~ n
t. Flow ~erm) 3433 1863 2787 1770 1863 1583 3433 5085 1583 1770 5085 1583
-
Sate!. F10.... 94 196 188 403
.II1J 1 __ nm J
Link DistanC. 4744 4728 4088 3672
~ -- __IIr- ~~ ~ ~p IRl
Volume v h 540 153 206 173 159 202 217 1850 173 160 1265 371
587 166 224 188 173 220 236 2011 188 174 1375 403
Protected Phases 7 4 45 3 8 5 2 6
Total Slit s 27.0 27.0 44.0 20.0 20.0 20.0 17.0 55.0 55.0 18.0 56.0 56.0
Actuatii'C Ratio 0.19 0.19 0.33 0.13 0.13 0.13 0.11 0.42 0.42 0.12 0.43 0.43
.. -- - I'~::I 1 ~I 11 1 1111- Ll n ~ M -
Control D~ 64.5 48.0 17.0 74.9 65.5 15.9 59.6 41.9 3.7 8<4..4- 28.0 3.7
~...lr""" lid - 111.- "1",817 i "1
Total Dela, 64.5 48.0 17.0 74.9 65.5 15.9 59.6 41.9 3.7 84.4 28.0 3.7
.. II [Il~ 1-1~-[7'" mv- L! - - . . J!
... 50.8 . 49.7 40.7 28.0
nIL~J_II" .l~1.M11ITI~v "lTI riiIrlJdlrnm * hll ..
, ~ ~ r ,,'
r".t~"~;~_:,'~~~I:~~- ~:~=---~:::~-~--:----~-:~~tl ~)I'-I ~ , ,1- -~";~-,,\ " y-~ ~-~q!::~~-: I' - !,'~]- T -- YW --~~~'~'--7
hase 2:NBT and 6:SBT Start of Green
on 81.7%
RI~_''''
~.
-'ml _~ff6IJ l __..J.
~
S Iits and Phases:
~ 02
PM TOTAL
NG/ERS - 10/20/2005
Vanasse & Daylor, LLP
Synchro 6.0 Report. Page I
1:\Projects\809\8091 O\Traffic\Synchro\8091 0 _PMTOT ALO 1_6LPUDX.sy7
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HCM Unsignalized Intersection Capacity Analysis
6; Rattlesnake H. Rd & Proiect Access
Agenda Item NO.7 A
June 6,2006
Sembler Feathers. Altegeativef~7
PM TOTAL
~
'-
\. ~
-+
411-
Lane ConfiFions J.l 11 II -
Ik
Grade 0% 0% 0%
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Pedestrians
iIiiiiiiIiII-
iIIiIiiIiiI-
Median stoliiii*. ~ - .-
l l'
~on unblocked .,~JL~L n -- i__ -
......Ull'fi'...._nr I
~ confvol .....A~~ -iLII lUH- 1IlIIIIo..._ I -- rrn.~-
1lIII-
vCu unblocked vol II 846 8
iiiitifj, --hr1l1. .- -
.e free % 74 98 60
L~ -
~- --- ---------
.,'~..~~-I' 'r. , ~J ~ _'_~ '
Volume Left
416 0 5
cSH
1608 1700 1030
~e ~h 95thiftl 26 0 53
\_-&.--....dIIi -UlJIIHI!l93l1lli 'm-I] H.J ,~,'n~111 J...., ~t 'RI
Lane LOS A~
'.B.~" .llh__.... ., . _.i..IIIRIIMDI.__._______ ..._
Approach LOS . .. . . .... .. .," .
_ 9.4
.. . _~~v~,,~J&.L~
Analr:is periOd. it. 15
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NG -- 9/15/2005
Vanasse & Daylor, LLP
Synchro 6.0 Report. Page I
1:\Projects\809\809 I 0\ T raffic\Synchro \8091 0 _PMTOT ALO 1_ Aft3 .sy 7
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TURN LANES
L
-
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Agenda Item NO.7 A
June 6, 2006
Page 85 of 97
I
Tl/IIN /JIIiES. QIIIIJED AND UNaHlBED 1I1!D1N1S
IJf/BNI CCHDI'fITDHS If1JIW. txJND/TITCNS
~ r. Toml BrIlt. ro To""
0.."'" Eohy a...... Sloop 0-'. OJ....... Sloop DeooJ. c_
___0___ 0_0_0_
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JUNCTURE DETAILS
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Topic # 625-000-015
Manual of Uniform Minimum Standards
for Design, Construction and Maintenance
for Streets and Highways
Agenda Item NO.7 A
June 6, 2006
Page 86 of 97
May - 2002 I
FIGURE 3 -15
TYPICAL STORAGE LANE
c:
t1l
~-
~
Left Tum Storage Lane (Similar Arrangement For Right Tums)
Braking Distance
Queue Length
10' to 12' Storage Lane .."
= Through Lane I =
Through Lane.....
I
-
I
Slop Control.1
Taper Or Reverse Curve
s
L
h
toraae Queue engt . Unsianallzed ntersectlons
Turning Vehicles Per Hour 30 60 100 200 300
Required Storage Length (FEET) 25 50 100 175 250
At signalized intersections, the required queue length depends on the signal cycle length, the signal phasing
arrangement, and rate of arrivals and departures of turning vehicles.
In absence of a turning movement study, it is recommended that 100 ft. of queue length be provided in
urban/suburban areas and 50 ft. of queue length be orovided in rural/town areas as a minimum.
Taper Length And Braking Distance (FEET)
Highway Design Storage Entry Brake To Stop
SPe~d .. .Speed* , . Taper Length , .. - . ,.
(MPH) (MPH) Urban" Rural***
35 25 70 75 --
40 30 80 75 -
45 35 85 100 --
50 40/44 105 135 215
55 48 125 -- 260
60 52 145 -- 310
65 55 170 -- 350
* Reaction Precedes Entry
** Minimum Braking Distance, Wet Conditions
*** Customary Braking Distance, Wet Conditions
I ,,-,..
. - ~. - . '- .,
The storage lane may be in place of or in addition to deceleration length (See Section C.9.c.3).
Geometric Design
3-85
---------
FIGURE 2
ACCESS CLASS
NOTE: .
2
3
4
5
6
7
FACILITY
DESIGN FEATURES
(MEDIAN
TREATMENT AND
ACCESS ROADS)
Restrictive
with Service
Roads
Restrictive
Non-
Restrictive
Restrictive
Non-
Restrictive
Both
- -
-
-
CONTROT,T.1P.n ACCESS FACILITIES
-
-
FULL
(MILE)
0.5
0.5
N/A
0.5/0.25
N/A
- - --
Agenda Item No. 7A
June 6. 2006
Page 87 of 97
MINIMUM MEDIAN MINIMUM MEDIAN
OPENING SPACING OPENING SPACING
14.97.003 Access Management
Classification System
and Standards
Page 10
MINIMUM SIGNAL
SPACING
(MILE)
0.5
0.5
0.5
0.5/0.25
0.25
330' 0.125 0.25
(Greater than 45 MPH/ Less than or = 45 MPH)
Section 14-97.003 and 14-97.004, FAC, contain supplem.entary and more detailed instrictions for the use of these standards.
MINIMUM
CONNECTION
SPACING
(FEET)
1320/660
660/440
660/440
440/245
440/245
125
DIRECTIONAL
(FEET)
1320'
1320'
N/A
660 '
N/A
Agenda Item NO.7 A
June 6, 2006
Page 88 of 97
ORDINANCE NO. 04-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE NUMBER
2000-79, THE HAMMOCK PARK COMMERCE CENTRE
PUD TO CORRECT A SCRIVENER'S ERROR DUE TO
OMMISSION OF AN INTENDED REVISION TO TilE
LEGAL DESCRIPTION AND TO CORRECT TilE ['liD
NAME LISTED AS "HAMMOCK PARK OF
COMMERCE" WHICH SHOULD BE "HAMMOCK PARK
COMMERCE CENTRE; AND BY PROVIDING FOR AN
EFFECTIVE DATE.
)..:
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WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 2000-79, on
Novembcr 2S, 2000, and;
WHEREAS, following said action adopting Ordinance No. 2000-79, Planning Staff determined
that Exhibit "A" of the Hammock Park Commerce Centre PUD Document transmitted to the
Department of State did not contain the correct legal description and did not contain the correct
PUD name that was otherwise intended and made a part of the public hearing and therefore
constitutes a scrivener's error.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO CORRECT THE NAME OF
THE PLANNED UNIT DEVELOPMENT IN THE TITLE OF
ORDINANCE NO. 2000-79:
Ordinance Number 2000-79, is hereby amended to correct a scrivener's error In the
Ordinance Title by correcting the planned unit development name to read as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THI:
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0614S; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS "Hi\MMOCK ~ GF-
COMMERCE" "HAMMOCK PARK COMMERCE CENTRE", LOCATED IN
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF IS.I5.:t ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO CORRECT THE NAME OF
THE PLANNED UNIT DEVELOPMENT IN SECTION ONE OF
ORDINANCE NO. 2000-79.
Page I of 2
Words strllel; tkre~gR are deletcd; words underlined are addcd.
Agenda Item No. 7 A
June 6, 2006
Page 89 of 97
SECTION ONE:
The zoning classification of the herein described real property located in Section
14, Township 50 South. Range 26 East, Collier County, Florida, is changed
fom"A" Agricultural to "PUD" Planned Unit Development in accordance with
the Htimmacl; PaFIr &f. Commorce Hammock Park Commerce Centre PUD
Document, attached hereto as Exhibit "A" and incorporated by reference herein.
The Official Zoning Atlas Map Number 0614S, as described in Ordinance
Number 91-102, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION THREE: SCRIVENER'S ERROR AMENDMENT TO SECTION I, PROPERTY
OWNERSHIP AND DESCRlPTION
Paragraph 1.2, Legal Description, of Section I, Property Ownership and Description, of
Ordinance Number 2000-79, is hereby amended to correct a scrivener's error by amending a portion
of said Paragraph to read as follows:
1.2 LEGAL DESCRIPTION:
* * * * * * * * * * * * * * * * * * *
O.R. 1708, Page 1667
The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4,
of Section 14, Township 50 South, Range 26 East, Collier County, Florida,
less the west 100 feet thereof for road right-ot-way.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this J L iJ. day of /)(7/ /)1"<.! ,2004.
, .
\ ~.... ~ - ," . ,
ATTEST:....., '.,'
DWIGHT E. BR6G~ CLERK
/;1/:;f-Hil. Q &~JrA.uJ, .Ie
,. Attest H to' Ctla 1 f'an . s
Appro~It\\Wl1Jri>~.~tia
Legal Sj.dfi.c:i~ne~~'......
",\'. "
'rh~~LJJl. iJbuUJl.-f::.
MarjoFi M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS'
COLLIER CO Y, FLORIDA I
f-.. ....
BY: ~ d-~
DONNA F ALA, CHAIRMAN
SE-2004.^"-5430IM!lIsp
ThIs ordinance filed with the
;,;~.tory of Stote's~ffIC' the
-- day of~*- I~
and ocknowledgeme!:lL,?f tha~,
filin received this lI..:!!!- day
of ,
Page2of2
Words str~ek tJ:ir-ough are deleted; words underlined are added
Agenda Item NO.7 A
June 6, 2006
Page 90 of 97
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-68
Which was adopted by the Board of County Commissioners
on the 26th day of October 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of October, 2004.
""".1'"#,, .
DWIGHT E. BROCK _:~'\~\1Z' We~:,~'..
Clerk of Courts .~n(,i'Cl'er~~'
Ex-officio to .E?Qat:d\ilO,~,:' .....;. ':'.
" ,,' N '..; "~'~:
County Comm~s5i:tlI1Je:l7~. :;~.~. ':;:; ~
~ ~ I'" ,..~,,~,.t\.' . ~ -
P. I _ /l it., . ~';;-:':~:{A: .:&7 !
~ Lt../, ~~~.,~ ..-
...... 4~' .........'\~ ...,.-
By: Linda A. Hoi.:it!i7~~,G~ ~\\\\\\\
"""'IUI"I'
Deputy Clerk
. . ..--~.... ".
Exhibit D
Agenda Item NO.7 A
June 6, 2006
Page 91 of 97
A LEGAL PROFESSIONAL ASSOCIA.TION
850 PARK SHORE DPJVE
TRIANON CENTRE - THmD P1.o011
NAPLES, PL 34103
239.649.2708 DlREcr
------ - -"239-:649.6200 MA:JN
239.261.3659 FAX
bandenon@ralaw.com
I~~ANDRESS II
May 15, 2006
VIA U.S. MAIL AND E-MAD...
Melissa Zone
Principal Planner
2800 N. Horseshoe Drive
Naples, FL 34104
Re: AR-8649 Hammock Park Commerce Center PUD Extension
GMP Transportation Element Policy 5.1
Dear Ms. Zone:
This letter is to confirm in writing what my client Sembler Development has advised
County staff with regard to the above-referenced PUD Extension application and with regard to a
Site Development Plan (SDP) for the above referenced PUD, which SDP County staff refused to
accept for processing because the SDP was submitted after the POO's alleged sunset date. My
client will agree to limit its development and to submit a SDP on the Hammock Park. PUD
property to not to exceed 160,000 square feet of gross leaseable area of retail commercial uses.
The PUD permits up to 200,000 square feet of commercial, but of course my client can decide to
build less than the maximum allowed.
This reduction in development is specifically for mitigation pursuant to GMP
Transportation Element Policy 5.1 to the extent said Policy may be applicable to this PUD. This
reduction also reduces to de minimi.s the POO's impact on Davis Boulevard. This agreement to
reduce development intensity can be added as a condition for the extension of the POO.
It is my legal position that the County can indeed attach such a condition if the property
owner agrees to the condition, since GMP Transportation Element Policy 5.1 specifically allows
a project that triggers the impact thresholds of that Policy to be approved if "specific mitigating
conditions are approved."
Further. by its own terms Policy 5.1 does not apply to PUD Extensions, and only applies
to "all rezone requests, SRA designation applications, conditional use petitions, and proposed
amendments to the Future Land Use Element". It is a basic principle of statutory interpretation
that the listing of one or more items as being subject to a statute, excludes other items not so
listed in that statute, so therefore, since PUD Extensions are not listed in Policy 5.1, PUD
Extensions are not subject to Policy 5.1.
C1.EvELANo TOLEDO AleRON COLUMBUS CINCINNATI WASHINGTON, D,C, TAIJ..A.HA.SSEE ORlANDO foRT MYERS NAPUS
4989S2 v _01 \ 111323.Q002
www.ralaw.com
Agenda Item NO.7 A
June 6, 2006
Page 92 of 97
May 15, 2006
Page 2
Additionally, I would point out that we will maintain that this POD which was later
amended to correct a scrivener's error has not reached ifs POD Sunset time yet, because the time
must be measured. from the date the PUD was last amended.. Please refer to my attached
September 26, 2005 letter to County Attorney Weigel on this PUD. Marjorie Sutdcnt-Stirling
and I have previously discussed this and I know that she and planning staff disagree with me on
that point, but it is what the language says and I believe a court would agree with me.
It's time to reach an agreement and recommendation for approval of this PUD Extension
based on my client's willingness to agree to a mitigating condition to limit development to a level
below that allowed by the PUD and below the triggering thresholds of Policy 5.1 and the legal
arguments that we have at our disposal.
Sincerely,
~ ':> /~1.
Ks V..:Jy~ JtJ11dJ.~t.,-
R. Bruce Anderson
For the Firm
RBAlca
Ene. as stated.
cc: N. Casalanguida
D. Scott
M. Student-Stirling
J. Klatzkow
D. Nadeau
J. Fillippelli
M. Troxell
R.Jarvi
498952 v_OI \ 111323.0002
Agenda Item No. 7 A
June 6, 2006
Page 93 of 97
150 PAIl: SHou DaIY5
nwcON CI!Iml&. T.laID PJ.OoP.
NAft.IS, R.K1CD
2SU8.271l1 DIIlIcr
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September 26, 2005
VIA: V.s. MAIL AND E-MAIL
David C. Weigel
Collier County Attomey
Collier County GovcmmCllt Ccmtec
3301 Tmmllmi Trail Bast
A","o,;*l!ion Building 8th Floor
Naples, Fl 34112...4902
Re: FsnnmocJc P8l'k CoJ:nm<<cc Ceoln: PUD
Dear David:
I write to seek the CWAioIIUWUCO of your office on . purely legal question c:cmct:miDg
application of PUD Sunset regulaticma to tho abovo--rofenocccl, 11DdcYeJoped POD. The PUD
Ontinaocc No. 2000-79 (capy athwbM as ExIu'bit "A") was aripnyadopted in 2000. The
PUD was amenclod four yem lata' by O:rdimmco No. 04-68 (I r:ow of which is ettacl1ed as
Exhibit"Bj to com:ct a scrivener's error in the legal description. aod to correct the Dame ofthc
PUD.
Attw-.Mi as Exhibit "'en are the provisions of the LaDd Development Code (*LDC")
titled "TUDe Iimi1a for approved PUDs" and con.noODly known as"PUD SllDSCt". Paragraph 1
applies to PUDa lib Hammock PBrie Commerco Came which ware appnm:d prior to October
24, 2001. HoweYCl', sub paragraph C, which by its terms also appJies to H8mmoct Park
c~ Cen1re PUD, stales that my PUD IIpp.I'OWd before OctobClr 24, 2001 that mceivcs
subsequent ameDdmc:at approval shall be subject to the same development criteria and time
limits a& PUD. appIOvcd after October 24, 2001.
Paragraph 2 of tho POD Sunset rogulatiODl appJies to PUDI approved after October 24,
2001 and has different development criteria and time limits (thrDe years) tlum fOr those PUDs
lIppJ'OVed before 1bat date.
It is my opinion, with which I seek )'OUI' CODCUDeDCO, that Hammock P8dc Commerce
Cen1re PUD is subject to Paragraph 2 of the PUD Sunset reJUlationa, and will DOt become
sunscUcd until October 26, 2007 which is tbrcc years after the approval dato of Ordinance No.
04-68 which amended the PUD.
David C. Weigel
Septcmber26,200S
Page 2
'Ib8Dk you for your atteDtion to this matter.
RBAlca
Enclosms as stated
cc: I. Pilippelli
M. Troxell
D.Nadcau
Above without F.nc1osura
4224t.l.IU323Jl1lO3
Agenda Item No. 7 A
June 6, 2006
Page 94 of 97
SiDca'ely,
~
R. Bruco Azuicnon
For the Firm
Book 3895 - Page 868
PUDEX-2005-AR-8649
PROJECT #19990016
Agenda ~~N<P.f A
June 6, 2006
Page 95 of 97
6J
'\; 'i'-
__ t.\ ;S " to'" .. \ \ - I ) .. , ~ -
'v'~ a.,\D lto
I~ - ,<"'
This Wammty Deed Prepared
WITHOUT OPINION OF TITLE BY
Harold J. Webre. I~ Esquire
GOODLE'ITE, COLEMAN &.: JOHNSON, P.A.
4001 Tamiami Trail North. Suite 300
Naples, FL 34103
3702561 OR: 3895
RlCORllBD ill OFnCIAL mOlDs of co
09/21/2005 at 02:35PK DWIGHT B. BI
ce
II
DC
Retn:
GOODLin I COLBW It lL
4001 fAKIAXI fI I 13&.
RlPLBS It JU03
WARRANTY DEED
THIS W ARRANTY DEED~ is made this 19th day of September, 2005~ between VI:
& FAITH, INC.. a Florida corporation, Grantor. and TOLL-RA'ITLESNAKE, LJ
Florida limited liability company, Grantee. whose post office address is 28341 S. Tamiami
Suite 4, Bonita Springs, FL 34134.
The Grantor, in consideration of the sum ofTEN AND NO/tOO DOLLARS ($10.0(
other good and valuable considerations to said Grantor in band paid by the Grantee. the r
of which is hereby acknowledged. bas grant~ bargained and sold to the said Grante
Grantee's successors. and assigns forever, the fonowing described property. situated., lyiD
being in Collier County, Florida, to wit:
See Exhibit " A'" a.ttached hereto and incorpora.ted herein by reference
SUBJECT TO: (a) ad valorem and non ad valorem. real property taxes for the year
of closing and subsequent years; (b) zoning. building code and other use
restrictions imposed by governmental authority; (c) outstanding oil, gas and
mineral interests of record, if any; (d) all covenants, declarations, restriotions,
reservations or easements of record or common to the development; and (e) aU
matters described in Exhibit "B" attache.(f hereto and incorporated herein by
reference.
AND FURTHER SUBJECT TO THE FOlLOWING: By acceptance of this
Deed, Grantee. and its sucoessors and assigns, shall be obligated to re-convey to
GtantOT, free from all liens and encumbrances and at no cost to Grantor, the
property identified as Parcels 63, 64, 65,66,67,68,69. 70, 71, 72, 73 and 74 in
the attached Exhibit "An in the event that the principal balance of the Promissory
Note this date given from Grantee to Grantor, as evidenced by the Purchase
Money Mortgage recorded of even date herewith, is reduced, as more particularly
http://www.collierappraiser.com/viewer/Image. asp?
11/3/2005
Agenda Item NO.7 A
June 6, 2006
Page 96 of 97
AFFIDA VIT
I. Joseph A. Filippelli, Vice President of Sembler Florida, Inc., being first duly sworn, depose
and say that Sembler Florida, Inc., is the contract purchaser of the property described herein,
and which is the subject matter of the proposed hearing; that all the answers to the questions in
this application, including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest and true to the
best of my knowledge and belief. I understand that the information requested on this application
must be complete and accurate and that the content of this form, whether computer generated or
County printed shall not be significantly altered. Public hearings will not be advertised until this
application is deemed complete, and all required information has been submitted.
As contract purchaser, and Vice President of Sembler Florida, Inc., I further authorize Dwight
Nadeau, Planning Manager of R WA, Inc. to act as my representative in any matters regarding
this Petition.
~~
Signature of Contract Purchaser
'O'osel>h ,+. r=i\i~11i
Typed or Printed Name of
Contract Purchaser
The foregoing instrument was acknowledged before me this t day of
S~h-W'l. b.y ,2005, by Joseph A. Filippelli, who is Dersonallv known to me or has
produced as identification.
State of Florida
County of Collier
KEftllOOKER
~ Public. State of Florida
My Comm. Expirq Aug. 11 2009
No. DD460757 .
-K~ ~ J: L-c>oi"-.~R.
(Print, Type, or Stamp Commissioned
Name of Notary Public)
PUDEX-200S-AR-8649
PROJECT #19990016
DATE: 11/16/05
MICHAEL DERUNTZ
Agenda Item NO.7 A
June 6, 2006
Page 97 of 97
COVENANT OF UNIFIED CONTROL
The undersigned do hereby swear or affinn that they are the contract purchaser of record of property commonly
known as
Hammock Park Commerce Centre PUD. Folio #s 00416760002 and 00416420000
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for planned unit development (PUD) zoning extension.
We hereby designate Dwight Nadeau, Planning Manager, of RW A, Inc., and R. Bruce Anderson, Attorney, of
Roetzel & Andress, legal representatives thereof, as the legal representatives of the property and as such, these
individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals
to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the
preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These
representatives will remain the only entity to authorize development activity on the property until such time as a new
or amended covenant of unified control is delivered to Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
1. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by
Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,
or safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
planned unit development and the County may stop ongoing construction activity until the project is brought
into co . e with all terms, conditions and safeguards of the planned unit development.
::JOsq:bt\. j::i l.jrpe JI ,.
Printed ame
STATE OF FLORIDA)
COUNTY OF COLLIER)
Sworn to (or affIrmed) and subscribed before me this
day of ~,200bbY
:ro-...~h A. r;litpeJ\;
who is personallv known to me or has produced
as identification.
'i.~
NO$liCO
ii~,-r Lrx>KfE~
(Name typed, printed or stamped)
KElt. LOOKER
~ Public. State 0/ Florida
t.tycommNo~ 11. 200IJ
(Serial Number, if any)
Q:\2005\05-0116.00 Hammock Park Commerce Ctr. PUD Ext\0001 PUD Extension App Prep\COVENANT OF
UNIFIED CONTROL 8-11-05.doc
Agenda Item No. 78
June 6. 2006
Page 1 of 82
SUPPLEMENTAL EXECUTIVE SUMMARY
PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold,
of Q. Grady Minor and Associates, P .A. and R. Bruce Anderson, of Roetzel & Andress,
requesting a two-year extension to the ASGM Business Center of Naples PUD from
October 8, 2005 to October 8, 2007. The subject property, consisting of 40.88 acres, is
located on the east side of Collier Boulevard (CR 951), approximately Y4. of a mile south of
Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals consider a request for a two-year extension of the
development time limit of the ASGM Business Center of Naples PUD as well as ensuring that
project is consistent with all the applicable County regulations and to ensure that the
community's interest is maintained.
CONSIDERATIONS:
-,
This petition was heard before the Board of Zoning Appeals on February 14, 2006. The
applicant requested a continuance prior to action by the Board in order to work with staff on a
resolution of issues relating to transportation concurrency and consistency. No resolution has
been reached at this time.
Since the original hearing, the applicant requested a determination whether an action of
government prevented approval of a final development order pursuant to Section 10.02.13.D.2.c
of the Land Development Code (LDC). Staff from the Zoning and Land Development Review
department and the County Attorney's office considered this request and ultimately determined
that the applicant did not pursue approval of a final development order via a Site Development
Plan (SDP) or subdivision plat (PPL) application. Therefore, it was lack of action on the part of
the owner, rather than an action of government that prevented approval. This determination
reiterated that the ASGM Business Park of Naples PUD did sunset on October 8, 2005. The
applicant retains the right to seek either a PUD Extension or a PUD Amendment. The petition
seeks approval of one two-year extension ofthe subject PUD.
FISCAL IMP ACT:
Extension of the PUD will have no new fiscal impact upon Collier County.
COLLIER COUNTY PLANNING COMMISSION (CCpe) RECOMMENDATION:
PUD extensions are not heard by the CCPe.
LEGAL CONSIDERATIONS:
~
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. A summary of the
legal considerations and findings are noted below:
ASGM Business Park of Naples PUD, PUDEX-2005-AR-8478
Page 1 of 2
Agenda Item No. 78
June 6. 2006
Page 2 of 82
. The proposed change has been deemed inconsistent with the Transportation Element of
the Growth Management Plan (GMP). It remains consistent with the goals, objectives,
and policies and Future Land Use Map and the other applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change is expected to create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed inconsistent with Policy 5.1 and 5.2 of the Transportation Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private shall be provided.
STAFF RECOMMENDATION:
The staff recommendation to the Board of Zoning Appeals remains the same; that the BZA deny
the proposed two-year extension of the PUD time limit to October 8, 2007, due to inconsistency
with the Transportation Element of the Growth Management Plan and Section 10.02.13.0 of the
Land Development Code.
PREP ARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning & Land Development Review
.-'
ASGM Business Park of Naples PUD, PUDEX-2005-AR-8478
Page 2 of 2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 78
June 6, 2006
Page 3 of 82
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7B
This petition was continued from February 14, 2006 and is further requested to be continued
to June 20, 2006, This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDEX-2005-AR-8478: Rookery Bay Business Park,
LLC, represented by Wayne Arnold, of a. Grady Minor and Associates, P.A. and R. Bruce
Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business
Center of Naples PUD from October 8,2005 to October 8,2007. The subject property,
consisting of 40.88 acres, is located on the east side of Collier Boulevard (CR 951),
approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range
26 East, Collier County, Florida.
6/6/20069:00:00 AM
Prepared By
Heidi Williams
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
5/16/20064:53:24 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/17/20069:43 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
5/22/200612:33 PM
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/22/2006 1 :02 PM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
5/22/20063:44 PM
Donald L. Scott
Transportation Services
Transportation Planning Director
Date
Approved By
Transportation Planning
5/24/2006 1: 1 5 PM
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
5/24/2006 1 :27 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/24/2006 3:25 PM
Agenda Item No. 78
June 6, 2006
Page 4 of 82
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/20069:19 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/20066:17 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25/20066:50 PM
-^'~.._-_.>-_.,--"''''---~--_.,_._' "--._-----~.,-._..--
Agenda Item No. 78
June 6, 2006
Page 5 of 82
EXECUTIVE SUMMARY
PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold,
of Q. Grady Minor and Associates, P.A. and R. Bruce Anderson, of Roetzel & Andress,
requesting a two-year extension to the ASGM Business Center of Naples pun from
October 8, 2005 to October 8, 2007. The subject property, consisting of 40.88 acres, is
located on the east side of Collier Boulevard (CR 951), approximately Y4 of a mile south of
Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals consider a request for a two-year extension of the
development time limit of the ASGM Business Center of Naples PUD as well as ensuring that
project is consistent with all the applicable County regulations and to ensure that the
community's interest is maintained.
CONSIDERATIONS:
Section 1 0.02.13.D of the Land Development Code (LDC) requires the PUD property owner to
submit an annual report outlining the progress of development one year from the date the PUD
zoning was adopted by the Board of County Commissioners, and every year thereafter based on
the anniversary of its adoption. For those PUD zoned projects approved after October 24, 2001,
as the ASGM Business Center of Naples PUD was, if on the third year of their adoption the
authorized development has not commenced to the thresholds established by the LDC, then the
PUD is "sunsetted," which means no development approvals can be granted until the PUD is
extended, amended or rezoned. This procedure is commonly referred to as the sunsetting
provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2-year
extensions. This petition seeks approval of the first allowable extension for a term of two years.
The requested extension would allow the applicant to obtain necessary development approvals in
order to develop under the auspices of the existing PUD document.
The project was rezoned from the Rural Agriculture (A) Zoning District to Planned Unit
Development (PUD) on October 8, 2002 to allow for development of a business park to include
light industrial uses on a total of 40.88 acres.
The subject property was obtained by the applicant in August 2005. Based on the adoption date
of the PUD, which is October 8, 2002, the PUD sunsetted on October 8,2005. This did not give
the new owner enough time to obtain final development approvals for development of the site.
Environmental Resource Permit (ERP) applications have been under review by the South Florida
Water Management District and the U.S. Army Corps of Engineers for over a year. The PUD
remains entirely undeveloped at this time.
Synopsis of Approved Land Uses:
The PUD document that was adopted as part of the previous rezoning approval (Ordinance
Number 02-47) contains the list of uses approved for the project. The permitted uses are
business services or light industrial in nature. For this extension request, no changes are
ASGM Business Park of Naples PUD, PUDEX-2005-AR-8478
Page 1 of 4
Agenda Item No. 78
June 6, 2006
Page 6 of 82
proposed to the PUD nor are any changes proposed to the Master Plan. No changes can be made
to a PUD as part of a request to extend the sunsetting date. The PUD, if extended, would retain
the approved development intensities that were granted in 2002; any changes would require a
separate amendment petition request.
The land uses surrounding the ASGM Business Park of Naples PUD is surrounded by land uses
that were deemed compatible when it was rezoned. The subject property is located on the east
side of Co llier Boulevard (C.R. 951), north of the Silver Lakes MPUD, which is an R V resort.
The property to the north is zoned for commercial and multi-family development, and the
property to the east is undeveloped Estates zoning.
Consistency with the Collier County Growth Management Plan (GMP):
FUTURE LAND USE ELEMENT
The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict,
as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP).
The 2002 rezoning action was deemed consistent with the GMP; no changes are proposed to the
PUD document or the PUD Master Plan, therefore the PUD remains consistent with the GMP.
The Urban-Mixed-Use District (as discussed within the Future Land Use Designation
Description section of the Future Land Use Element (FLUE)) contains the following language:
"This District, which represents approximately 116,000 acres, is intended to accommodate a
variety of residential and non-residential land uses, including mixed-use developments such as
Planned Unit Developments."
TRANSPORTATION ELEMENT
Transportation staff has reviewed the PUD extension based on the review criteria found in
section 10.02.13.D.6.b.i-iii of the Land Development Code and with reference to the current
Growth Management Plan (GMP) as it relates to consistency. Sections 5.1 and 5.2 of the
Transportation Element in the GMP are used for the review of current rezone applications and
are considered to be the benchmarks for review of PUD extensions to determine consistency.
Under the present conditions the PUD would be found inconsistent based on the above criteria.
The Board of County Commissioners may wish to consider the language in 5.1 with reference to
mitigating stipulations. The owners of this PUD are pursuing an area-wide developer
contribution agreement that could result in an improvement to the adjacent roadway network
which would provide adequate capacity for this project.
Consistency with the Collier County Land Development Code (LDC):
Section 10.02.13.0. of the LDC requires the Board of County Commissioners to make formal
findings to support approval of a PUD extension request. Staff offers the following findings for
consideration by the Board of County Commissioners:
1. The PUD and the Master Plan are consistent with the current Growth Management Plan,
including, but not limited to, density, intensity and concurrency requirements (IDe
S 10. 02. 13.D. 6. b.i..).
ASGM Business Park of Naples PUD, PUDEX-2005-AR-8478
Page 2 of 4
Agenda Item No. 7B
June 6, 2006
Page 7 of 82
Transportation staff has found that the PUD is inconsistent with concurrency requirements of
the Growth Management Plan and the Land Development Code. Therefore, the PUD is
inconsistent with this requirement.
2. The approved development has not become incompatible with existing and proposed uses
in the surrounding area as the result of development approvals issued subsequent to the
original approval of the PUD zoning (LDC ~10.02.13.D.6.b.ii.); and
No changes to the surrounding land uses have occurred in this area that raise compatibility
issues. The project was deemed consistent with the overall Growth Management Plan, and
therefore in compliance with specific goals, objectives, and policies of that Plan that require
compatible development. Therefore, the uses approved in this PUD remain compatible with
proposed uses in the area.
3. The approved development will not, by itself or in conjunction with other development,
place an unreasonable burden on essential public facilities (LDC ~ 10. 02. 13.D. 6. b. iii.)s.
The Transportation Services Division staff reviewed the petition and found it to be
inconsistent with the concurrency management system. Collier Boulevard (CR 951) has no
remaining capacity on the segment where the subject property is located.
FISCAL IMPACT:
Extension of the PUD will have no new fiscal impact upon Collier County.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
PUD extensions are not heard by the CCpe.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. A summary of the
legal considerations and findings are noted below:
. The proposed change has been deemed inconsistent with the Transportation Element of
the Growth Management Plan (GMP). It remains consistent with the goals, objectives,
and policies and Future Land Use Map and the other applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change is expected to create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed inconsistent with Policy 5.1 and 5.2 of the Transportation Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private shall be provided.
ASGM Business Park of Naples PUD, PUDEX-2005-AR-8478
Page 3 of 4
Agenda Item No. 7B
June 6, 2006
Page 8 of 82
STAFF RECOMMENDATION:
That the Board of Zoning Appeals deny the proposed two-year extension of the PUD time limit
to October 8, 2007.
PREP ARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning & Land Development Review
ASGM Business Park of Naples PUD, PUDEX-2005-AR-8478
Page 4 of4
LOCA TION
MAP
PETITION #pUDEX- 2005- AR- 8478
Agenda Item No, 78
June 6, 2006
Page 9 of 82
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PUDlX-20~~roo6
PROJECT~ItJ'5~
DATE: 10/12/05
HEIDI WILLIAMS
APPLICATION FOR PUBLIC HEARING
PUD EXTENSION
1. General Information:
Name of Applicant(s) Rookery Bav Business Park. LLC. C/O Maury Dailev
Applicant's Mailing Address 1083 North Collier Boulevard. Unit #113
City Marco Island
State Florida
Zip 34145
Applicant's Telephone #
Fax #
Applicant's E-Mail Address
Name of Agent D. Wayne Arnold. AICP
Firm Q. Gradv Minor and Associates. P.A.
Agent's Mailing Address 3800 Via Del Rey
City Bonita Springs
State Florida
Zip 34134
Agent's Telephone # 239-947-1144
Fax # 239-947-0375
Agent's E-Mail Addresswarnold@gradvrninor.com
Name of Agent R. Bruce Anderson. Esq.
Firm Roetzel & Andress
Agent's Mailing Address 850 Park Shore Drive. Trianon Centre - 3rd Floor
City Naples
State Florida
Zip 34103
Fax # (239) 261-3659
Agent's Telephone # (239) 649-2708
Agent's E-Mail Addressbanderson@.ralaw.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (239) 403-2400/FAX (239) 643-6968
Revised: 02-18-04
Page 1 of 9
r
Agenda Item No. 78
June 6, 2006
Page 11 of 82
Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if
necessary)
Name of Homeowner Association: 4.f~.c4 ~""-.l:-~r /"'f!!!_~r #of AI "'f (,I ""O~KC~) ~./.. C".
~ 8t-1.4~~ A "~&.rl.'"
Mailing Address ~ . .. -r'lL"" I p 4. w J...~ u City ,AI"p I d State i=~ Zip l' '7/&1 3
8$0 ;c,.k $'4,. r"" 7>,.., - ;1......t 1=/,....
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the percentage
of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each.
Name and Address, and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the name of the Trost and the beneficiaries
of the trust with the percentage of interest.
Name and Address
Percentage of Interest
Revised: 02-18-04
Page 2 of 9
Agenda Item No. 78
June 6, 2006
Page 12 of 82
d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the name of
the general and/or limited partners.
Name and Address f''' pO ~ W ,tJ ~ ~ 4 1" Percentage of Ownership
S/?eu.t CD It #J f C,.-.t 6-,.1:./~ F="'L 'I.J/" 3 ? to ~,.
~::~f;:'7~.;~~j~~~~ ~/~
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust.
Name and Address
g.
Date subject property acquired (,(') leased ( ): Auaust 200S Term of lease
If, Petitioner has option to buy, indicate date of option:
terminates: ,or anticipated closing date
yrs.lmos.
and date option
h. Should any changes of ownership or changes in contracts for purchase occur subsequent to
the date of application, but prior to the date of the final public hearing, it is the responsibility
of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Revised: 02-18-04
Page 3 of 9
Agenda Item No. 78
June 6,2006
Page 13 of 82
3. Detailed le!!:a. descriotion of the orooertv covered bv the aoolication: (If space is inadequate,
attach on separate page.) Applicant shall submit four (4) copies ofa recent survey (completed within
the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Section: 1 0
Township: 51
Range: 26
Lot:
Block:
Subdivision:
. Plat Book: _ Page #:
Property 1.0.#: 00732800002
Metes & Bounds Description: Please see attached boundary survey.
4.
Size of property:
ft.. X
ft.. = Total Sq. Ft. _ Acres 40.88:1=
5. Address/!!:enerallocation of subiect prooertv: Located on the east side of Collier Boulevard.
approximately 1;4 mile south of Manatee Road.
6. Adiacent zonin!!: and land use:
Zoning
N RMF-16(8). C-4
M
S Silver Lakes PUD
Land use
Undeveloped Residential. Prime Outlet Shopping Center
Silver Lakes RV Resort M Pu t
E Estates
Undeveloped
W A and Hltve.
Undeveloped
Does the owner of the subject property own property contiguous to the subject property?
o Yes [8] No If so, give complete legal description of entire contiguous property.
(If space is inadequate, attach on separate page).
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property 1.0.#:
Metes & Bounds Description:
Revised: 02-18-04
Page 4 of9
7. Detail to explain extension request:
Agenda Item No. 78
June 6, 2006
Page 14 of 82
a. Has this PUD received any previous extensions or amendment approvals?
DYes ~No
If YES, please indicate the date of approval(s)
b.
Has any portion of the project been developed?
DYes
[gI No
If YES, please provide a written analysis of the amount of existing development using the criteria
listed in LDC Section 2.7.3.4.1 or 2.7.3.4.2., as applicable.
c.
Has the PUD sunsetted?
DYes [8J No
When?
IfND, please indicate the date that it will sunset: October 8. 2005
Please -explain why the PUD was allowed, or will be allowed to, sunset:
Section 10.02.13.3.D of the LDC provides for PUD extensions prior to determination of PUD
sunsetting. It is the intent of the PUD extension to avoid sunsetting and to obtain a two year
extension of the PUD.
d. Please provide a chronology of the original zoning approvals and amendment approvals as well as
any development approval and any site development improvements that have occurred: Please
provide copies of all PUD documents for the original approval and all subsequent actions.
The PUD was originally approved on October 8, 2002 as Ordinance 02-47
e. An extension can be requested for up to two years, for a maximum of ten years total from the
original approval date.
Please provide the original approval date: October 8. 2002
How many years extension is requested? Two to what exact date? October 8. 2007
8. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however,
many communities have adopted such restrictions. You may wish to contact the civic or property
owners association in the area for which this use is being requested in order to ascertain whether or
not the request is affected by existing deed restrictions.
9. Previous land use petitions on the subiect property: To your knowledge, has a public hearing
been held on this property within the last year? If so, what was the nature of that hearing? No
Revised: 02-18-04
Page 5 of 9
Agenda Item No. 78
June 6,2006
Page 15 of 82
10. Additional Submittal reauirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise waived
during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. Twelve copies of the Master Plan on paper that is no more than 24" x 36" [and one reduced
8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting
the following [Additional copies of the plan may be requested upon completion of staff
evaluation].
c. Evaluation Criteria: Provide a written narrative statement describing the request to show
compliance with the criteria found in the Collier County LDC noted for the proposed action
(LDC 10.02.13). Include additional materials and documentation in support of the extension,
as necessary.
Revised: 02-18-04
Page 6 of 9
Agenda Item No. 78
June 6, 2006
Page 16 of 82
APPLICATION FOR PUBLIC HEARING
PUD EXTENSION
ASGM Business Park PUD
Evaluation Criteria
Exhibit 10.c
The applicant is seeking a two-year extension of the ASGM Business Park PUD
(Ordinance No. 02-47) in accordance with LDC Section 10.12.13.
A variety of light industrial, business services, and other primary business park
uses are permitted within the PUD, which are intended to provide economic
development opportunities in areas of the community outside of Activity Center
locations. The ASGM Business Park is consistent with the Business Park Sub-
District of the Future Land Use Element of the Collier County Growth
Management Plan. The property has recently changed ownership, and copies of
the new property deed and ownership information are provided in the PUD
Extension Application.
The applicant is seeking and has a pending Environmental Resource Permit
(ERP) application under review by the South Florida Water Management District
and the U.S. Army Corps of Engineers. The applicant is unable to obtain local
development order approvals from Collier County until the ERP is approved by
both the state and federal agencies. Approval of the ERP is anticipated in mid-
2006. Concurrency is determined at the time of local development order
approval and the ASGM Business Park will be subject to a concurrency review at
the time of subdivision or site development plan application.
The project remains compatible with existing and proposed uses in the
surrounding area. No land use relationships have changed since approval of the
ASGM Business Park in 2002. The PUD provides appropriate buffers and
development regulations to maintain compatibility with existing and future
development on adjacent properties.
The approved project will not place an unreasonable burden on essential public
facilities. Water and sewer services will be provided by the Collier County Water
and Sewer District and fire protection is provided by East Naples Fire Control,
located less than X mile from the subject property. As discussed above, the
determination of concurrency with respect to all Collier County capital facilities
will be determined at the time of local development order approval.
The PUD extension is consistent with the criteria established in the LDC for
granting a two year extension of the ASGM Business Park PUD. Furthermore,
the ERP application has been pending with the SFWMD and U.S. COE for over
Agenda Item No. 78
June 6, 2006
Page 17 of 82
one year. This state and federal regulatory process is consistently requiring
longer review and approval time frames, which in turn limits an applicant's ability
to obtain local development approvals necessary to fulfill the time limits
established in the LOC.
Based on satisfaction of the evaluation criteria and the pending ERP application,
the requested PUO extension should be granted.
SUBMITTAL CHECKLIST
Agenda Item No. 78
June 6, 2006
Page 18 of 82
THIS COMPLETED CHECKLIST MUST BE SUBMITTED WITH APPLICATION PACKET
REQUIREMENTS #OF NOT
COPIES REOUIRED REOUIRED
1. Completed Application, with additional required documents 12 X
2. Copy of Approved PUD Ordinance 12 X
3. Copy of Deed(s) and list identifying Owner(s) of all 2 X
Partners if a Corporation
4. Completed Owner/Agent Affidavit, Notarized 2 X
5. Master Plans 12 X
6. Aerial Photograph 2 X
7. Review Fee $1000.00 X
OTHER REQUIREMENTS: After initial review of thE
request, staff will determine what if any additional
information may be required to substantiate the request.
The applicant's agent will be notified.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition.
~" I \ (\ ~,,<..----,i
J....-.;. \k) ---~
Agent/Applicant Signature
/Q /~ ,4r-
rSate
Revised: 02-18-04
Page 7 of 9
"
Co~<;?ou.nty
- ~ -
Agenda Item No. 78
June 6, 2006
Page 19 of 82
PUDEX-200S-AR-8478
PROJECT #2001050063
DATE: 10/12105
HEIDI WILLIAMS
PUD EXTENSION REQUEST
Pre-Application Meeting Notes -
Date: q (;JJ los Time: :$'3:> Agent NameIFirm Name: G . a,ya~1f.& It\trr_
Project Name: A~~ f2>U4..<A.i!~ Ca.iGr V'U{)
Phone:
'PtuJ:- P~ L-)
Applicant's Name:
Owner's Address:
Meeting Attendees:
Planner: _~ ~ CU'PJ;( l2AAA..s.
Owner's Name:
_ ~OO
~ Al~ r/r..... ~ ~ 1:; --'
MEETING NOTES
~r~~"';f;;t.r~ ~~ <~J:,,,i~ Q...A.O~.
SUMlTTAL REOUIREMENTS: PLEASE REFER TO THE LDe AND APPLICATION FORM FOR ADDITIONAL
INFORMATION.
oration
# of Co ies
12
12
2
2
12
2
Copies of the following:
g Complete legal description
~ I copy of completed Addressing Checklist
~ I copy of 8 Yz" X II" graphic location map of site
POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE S~ECIF OJEcr:
o Traffic Impact Statement (TIS) Q..;'E,nvironmental Impact Statement (EIS)
o Other Other
revised: 1/8/04
As G yY)
PROJECT NAME
ASSIGNED PLANNER_Heidi Williams
Phone Number_213-2993
Pre.AppIk~. .
SIGN IN ~$T
5~~ Gudvr PLib~
Agenda Item No. 78
,,,' , >DO< I
P"o 20 of 82
O;/2.f 105
DATE" OF MEETING
, Department of Zoning & Land Development Review
E-Mail Address_heidiwilliams@colliergov.net
"',~:' , ,>- ',.1
. -' .... ,~ .....~ ,J:
NAME
COUN1;l' [)JVISJONj DEPT
arFiRM
PH()NE~lJM8ER
G:\Current\Williams\SIGN IN SHEET.doc revised: 8/5102, rev. 9123104
941-659-5724 p.l
0..... v-o, Ag~~~ ~7B -
r\C\/' N\ -~& \CC:'..<.. ~6 Bc\
~'7\I' .~ Page 21 0 a
.~u~-'t7 05 11:15a
Collier Co. ADDRESSING
ADDRESSING CHECKLIST
Please complete the following and submit to the Addressing Section for Review. Not all items will aoolv to
everY proiect. Items in bold tvDe are recuired.
1. Legal description of subject property or properties (copy of lengthy description may be attached)
Please see attached mopertv info - \' ~ c.....v........ , Lr ~ I a - S \ - z:... "
2. FoUo (Property ID) number(s) of above (attach to, or associate with, legal description ifmore than one)
00732800002
3. Street address or addresses (as applicable, if already assigned)
4. Location map, showing exact location of project/site in relation to nearest public road right-of-way
5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES)
6. Proposed project name (if applicable)
7. Proposed Street names (if applicable)
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
o PPL (Plans & Plat Review)
o PSP (preliminary Subdivision Plat)
o FP (Final Plat)
o LLA (Lot Line Adjustment)
o BL (Blasting Permit)
o ROW (Right-of-Way Permit)
o EXP (Excavation Permit)
o VRSFP (Veg. Removal & Site Fill Permit)
DSDP (Site Development Plan)
o SDPA (SDP Amendment)
o SDPI (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIP A (SIP Amendment)
D SNR (Street Name Change)
D Vegetation/Exotic (Veg. Removal Permits)
~ Land Use Petition (Variance, Conditional Use,
Boat Dock Ext., Rezone, PUD rezone, etc.)
D Other - Describe:
10. Project or development names proposed for, or already appearing in, condominium documents (if
applicable; indicate whether proposed or existing)
11. Please Check One: [8J Checklist is to be Faxed Back D Personally Picked Up
12. Applicant Name O. Gradv Minor and Assoc. (Sharon Umpenhour) Phone 239-947-1144
Fax 239-947-0375
13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to
further review by the Addressing Section.
FOR STAFF USE ONLY
Primary Number ~ \~ u.-4-
Address Number
Address Number
Address Number Approved by ~~ ~ 0-1'""1 Date ~ - 1'7 - OS
. '.
WilliamsHeidi
Agenda Item No. 7B
June 6, 2006
Page 22 of 82
Subject:
Location:
Pre-app PUD Extension - Sharon Umpenhour, Agent Heidi Williams, Planner
cds-c
Start:
End:
Wed 9/21/2005 3:30 PM
Wed 9/21/20054:00 PM
Recurrence:
(none)
Meeting Status:
Required Attendees:
Accepted
CDS-C; WilliamsHeidi; valera_c; HiIIWes; wileLr; EIUrfaliAlan; CasalanguidaNick; scoted;
muJler_r; weeks_d; bedtelyonJ; AblerKenneth; ScamehornKeith; DeltoroZamira; jarrell-p;
chrzanowskLs; GundlachNancy; lenberger_s
Pre-app PUD Extension - Sharon Umpenhour, 947-1144, representing Q. Grady Minor and Associates, Folio Number
00732800002, for an Extension of the ASGM Business Center PUD
1
~
~
~
~
./ . '\
.
Agenda Item No. 7B
June 6, 2006
Page 23 of 82
3677801 OR: 3866 PG: 2706
UCORDIJI iD orrlCIlL UoolD. of COLun CDvm rL
08/12/2005 It 11:2711 JlIIGIf I. 11OC1, CLlII '
COIl 520.000.0.
DC RI 11.50
DOC-.7' 3"'0.'0
Prenared by and return to:
G. Helea Atba, Esq.
Attorney at Law
Gnat, Fridlda, Pano., Atha. .. CroWD, P.A.
SSSI Ridgewood Drive, Ste SOl
Naples, FL 34108
139-514-1000
File Number: RUI8.00001
PaR:c1 Identification No.
lea:
IOIALD S IIBIIII
97' I OOLLIII BLVD
IlRCO IILAID P' 3'1'5
ISpace Above 11Iis line For Rccording Da1al
Special Warranty Deed
ThiI Indenture made this .l!::.. day of July, 2005 between Vlaod Rustel whose post office .address is Geol'letoWD
Vaw Med Ctr, 8316 ArIIqtoa Blvd, Ste 515, F.lrfu, VA 22031 of the County of Falrfas City, State of VII'IID",
JfIIIItOr*, and Rookery Bay B_iDess Park, LLC,. Florid. limited liability compa.y whose post office address is 1083 N.
CoUler Blvd., Ualt N113, Marco blaad, FL 34145 of the ColUlty ofCoUier, State of Florida, grantee.,
.,J'
~
Witnesseth that said grantor, for and in cons'
good and valuable considerations to said
has granted, bargained, and sold to the
situate, lying and being in Collier CODa
AND NO/loo DOLLARS ($10.00) IDd other
receipt whereof is hereby ec1cnowledged,
forever, the following described land,
Tbe Soutb 1/2 of the North 1 0
NW 1/4 of the SE 1/4 of a
d 1 aad the South 1/2 or the
t, C Iller COllDty, Florida.
LESS a portion of IaDd I
1221 through 2213, or tbe
Records Book 1193, PRI-
Subject to coadldou, ....trictions, ....erv
valorem taxes and any assessments for the c
and will defend the same against lawful claims against
The subject property Is Dot tbe homestead of the Grantor or Grantor's spouse or any miaor ebUd. Gnntor'1
homestead is ia the State ofVil'linia.
· "OruItor" II\d "ClrIntoc" In used for .lnpdIr or plun!. .. contat l1llIuircs.
ID Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
--.---".
PUDEX-2005-AR-8478
PROJECT #2001050063
DATE~ 10/12/05
HEIDI WILLIAMS
DoubleTlme-
Agenda Item No. 7B
June 6, 2006
Page 24 of 82
ttt OR: 3866 PG: 2707 tit
Signed, sealed and delivered in our presence:
IV~
Vinod Rustgi
.. S~~:~1J. /
." -. -"
"
-.. ;:... '\ :-2 : ;.
~ ':.
...,..):/ .:~.
State of Vl'~ t\\ 0.-
County of \- ~ 't ...(} 0.."'-
The foregoing instrument was acknowledged before me tttis ~ day of July, 2005 by YiDod Rustgi, who U is personally
known to me or~l has produced a driver's license as identification.
r,:~d~
Public
O'-''-'1J3.R Co i:- 'D.?\ ~-ef
C; My Comm ion ires: Sf ..l ru... (30, dOC> f
.......
.,.
Warranty ~ed (Stahllory Form) . Page 2
Doublenm..
Folio No. 00732800002 MIA
Agenda Item No. 78
June~geldOOf 1
Page 25 of 82
Details
Owner Name ROOKERY BAY BUSINESS PARK LLC
Addresses 1083 N COLLIER BLVD UNIT Al113
City MARCO ISLAND U StateD FL II ZlDU 34145 . 0000
Legal 1061 26 S1/2 OF N1/2 OF SW1f4
E OF SR951 + 81/2 OF NW1f4 OF
SE1/4, LESS OR 1193 PG 2223
OR 866 PG 1990 36.25 AC
.For more than four IIn.. of Leaal Description pleas. call the Property Appraiser's OffIce.
100
99
Acres
36.25
Map No.
6B10
Section
10
Townshl
61
Sub No.
--t Use Code
ACREAGE HEADER
NON-AGRICULTURAL ACREAGE
2005 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the"Flnal Tax Roll
Latest Sales Histoll'
I Land Value S 3,081,250.00
I (+) Improved Value S 0.00
(-) Market Value S 3,081,250.00
,-I SOH Exempt Value S 0.00
(-) Assessed Value $ 3,081,250.00
. (-) Homestead and other ExemDt Value $ 0.00
(=\ Taxable Value S 3,081,260.00
Date Book - Page Amount
08/ 2005 3868 - 2708 $ 5,200,000.00
07 / 2005 3847. 2017 $ 4,800,000.00
SOH. .Save Our Homes. exempt value due to cap on assessment Inallases.
--
The Information is Updated Weekly.
PUDEX-2005-AR-8478
PROJECT #2001050063
DATE: 10/12/05
HEIDI WILLIAMS
http://www.collierappraiser.comIRecordDetai1.asp?F olioID=0000000732800002
9/28/2005
Division of Corporations
,
Agenda Item No. 78
June Bag8 CJ3 of 2
Page 26 of 82
Florida Limited Liability
ROOKERY BAY BUSINESS PARK, L.L.C.
PRINCIPAL ADDRESS
1083 N. COLLIER BLVD., UNIT #113
MARCO ISLAND FL 34145
MAILING ADDRESS
1083 N. COLLIER BLVD., UNIT #113
MARCO ISLAND FL 34145
Document Number
L05000062032
FEI Number
NONE
Date Filed
06/22/2005
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
"_"h"__
---. ....-....--.- .-,--......-............ ""'.... -,... ......,... '0.."," ..--....... _. ___ ....".-...--....------.....M_.....'..___....____.._____..._----A
Registered Agent
Name & Address
WEBSER, RONALD S
979N. COLLIER BLVD.
MARCO ISLAND FL 34145
ManagerlMember Detail
Name & Address
COU'ITS, SEAN
5400 s.w. 80 STREET
II Title I
18
CORAL GABLES FL 33143
JI
Annual Reports
Report Year II Filed Date
II
http://ccfcorp.dos.state.fl.uslscriptslcordet.exe?al =DETFIL&nl =L05000062032&n2=NAMFWD&n3... 9/28/2005
Agenda Item No. 7B
June&~CB30f2
. Page 27 of 82
Division of Corporations
,
No Events
No Name History Information
Document Images
Listed below are the images available for this filing.
'106/22/2005 - Florida Limited Liabilites
I~
TIDS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://ccfcorp.dos.state.fl.uslscripts/cordet.exe?al =DETFIL&nl =L05000062032&n2=NAMFWD&n3... 9/28/2005
l.Ir1pnrli<Upm ~ 7R
~ I~e 0, ~dDb
Page 28 of 82
,
LO
52-
i~:~
111111111111111111
400056336114
(Requestor's Name)
(Adcir8S$)
(Address)
(Clty/StatelZipIPhone #)
o PICK-UP 0 WAlT
o MAIL
Certified Copies
Certificates of Status
:-t
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(Business Entity Name)
(Document Number)
Special Instructions to Filing Officer:
/Jj(
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ortice Use Only
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AatiD~a Item No. 7B
.JU"'" v, ,,-vuv
Page 29 of 82
f/!)
C II PO . AT II . III' J 1:1' C . . P''' . Y'
ACCOUNT NO.
072100000032
4~~~~
COST LIMIT :.... '$"' 125. 00 ~cJ' $ ""1\
-----------------------------------------------------~~~~--~
ORDER DATE June .2 2, .2 0 0 5 'V' ~. ;.,.., ..-l
t.r.,' ~- t"
~~'. ~ '0
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t""':~ ..
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'Om
'?
REFERENCE
AUTHORIZATION
ORDER TIME
2:45 PM
ORDER NO.
443205-005
CUSTOMER NO:
85786A
CUSTOMER: Me. Mary Adams
Ronald S. Webster, Eeg
Royal Palm Mall
979 North Collier Boulevard
Marco Island, FL '34145
NAME:
DOMESTIC FILING
ROOKERY BAY BUSINESS PARK,
L.L.C.
EFFECTIVE DATE:
XX ARTICLES OF ORGANIZATION
PLEASE RETURN THE FOLLOWING AS PROOF OF FILING:
xx PLAIN STAMPED COPY
CONTACT PERSON: DEBBIE SKIPPER
EXAMINER'S INITIALS:
,
Aoenda Item No. 78
June 6, 2006
Page 30 of 82
ARTICLES OF ORGANIZATION FOR
ROOK.ERYBAYBUSINE8SP~ L.L.C.
A FLORIDA LIMITED LIABILITY COMPANY
...... ~ --'.
Y. 'f. c...:s ~, ,
y~. ~ ~
~~("'. ~ .~
ARTICLE 1 ~;. ~ '\<'
~,,- ~ 0
The name of the Limited Liability Company is ROOKERY BAY BUSINES~ C::. ~
~ tfl .'
PARK, L.L.C ~~ ~
~~ ~
ARTICLE n ~~
The period of duration for1he Limited liability Company shall be perpetual.
ARTICLE m
The mailing and business address atthe Limited Liability Company is 1083 N.
Collier Blvd., Unit ##113, Marco hland. FL 3414$.
ARTICLE IV
The street address of the iDitial tcgistered office of this Limited Liability
Company is 919 North Collier Boulevarc:i, Marco Island, FL 34145 and the name of its
initial Resident Agent is Ronald S. Webster.
ARTICLE V
Additional mClXlbers may be acbnittcd and the terms and conditiollS of the
admissioDS shall be that each member consents in writiDg to the admission or the
additional member.
ARTICLE VI
The remaining members of the limited liability company have the right to
continue the business 011 the death, retiremcn~ :esianation. expulsion. bankruptcy, or
dissolution of a member or the occurrence of any ather event which terminates the
continued. membership of a member in the limited liability company upon unanimous
consent of the remainlT"lg members.
" . ~ l1'
~O.d ll:lL SOOl II unr
ARTICLE vn
Agenda Item No. 7B
June 6, 2006
Page 31 of 82
Ihe limited Liability Company is to be managed by a ~"Agcr. The name and
address of the manager is=
Sean Coutts
5400 SW 80 Street
Coral Gables. FL 33143
ARTICLE vm
The members oCthe Limited Uability Company arc:
Scan Coutts
5400 SW 80 Street
Coral Gables~ FL 33143
Kenneth Lowe
1083 N. Collier Blvd.
Unit#l13
Marco Island. FL 34145
Hitender Dcswal
1083 N. CoDierBlvd.
Unit #113
Marco Islandt Fl34145
Maury Dailey
1307 RiverheadAvenuc
Marco Island, FL 34145
'O'd L~:ll soo~ II unr
Agenda Item No. 78
June 0, 2006
Page 32 of 82
CERTIFICATE OF DESIGNATION OF
REGISTERED AGENTIREGISTBRED OFFICE
PURSUANT TO TIlE PROVISIONS OF SECTION 608.415 OR 608.507, FLORIDA
STATIJTES, TIm UNDERSIGNED LIMITED LIABILITY COMPANY stJBMlTS
TIIE FOLLOWING STATEMENT IN DESIGNATING 1HE REGISTERED
AGENT /REGISTERED OFFICE IN THE STATE OF FLORIDA.
1. The name of the limited liability company is: ROOKERY BA Y BUSINESS PARK,
L.L.C.
2. The name and address of the registered agent and office is
Ronald S. Webster
979 N. Collier alvd.
Marco Island, FL 3414,S
Having been named as the registered agent and to accept service ofpreccss for the
above stated limited liability Company at the place designated in the certi1icate~ I
hereby accept the appointment as registered agent and egrcc to act in this
capacity. I further agree to comply wi81 the provisioJ'lS of ating to
the proper and complete performance of my duties, an am . and
accept the obligations of my position as registered ag
SO'd Ll:l~ soo~ II unr
AuC 17 05 11:15a
Collier Co. ADDRESSING
941-659-572""genda Item N~ 1
~/m 'fi.B~ ~ ~ 'g(\~
ADDRESSING CHECKLIST
Please complete the following and submit to the Addressing Section for Review. Not all items will awly to
every oroiect Items in bold tvDe are reauired.
1. Legal description of subject property or prQPerties (copy of lengthy description may be attached)
Please see attached oropertv info - f> 0-1 <:.....c..-\ , l+ OJ. 10 - S, - z:.... c,
2. FoUo (Property ID) number(s) of above (attach to, or associate with, legal description ifmore than one)
00732800002
3. Street address or addresses (as applicable, if already assigned)
4. Location map, sh.owing exact location of project/site in relation to nearest public road righ.t-of~way
5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES)
6. Proposed project name (if applicable)
7. Proposed Street names (if applicable)
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SOP
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
o PPL (Plans & Plat Review)
o PSP (preliminary Subdivision Plat)
o FP (Final Plat)
B LLA (Lot Line Adjustment)
BL (Blasting Permit)
D ROW (Right-of-Way Permit)
o EXP (Excavation Permit)
o VRSFP (Veg. Removal & Site Fill Permit)
D SOP (Site Development Plan)
DSDP A (SDP Amendment)
o SDPI (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIP A (SIP Amendment)
o SNR (Street Name Change)
o Vegetation/Exotic (Veg. Removal Permits)
181 Land Use Petition (Variance, Conditional Use,
Boat Dock Ext., Rezone, PUD-rezone, etc.)
o Other - Describe:
10. Project or development names proposed for, or already appearing in, condominium documents (if
applicable; indicate whether proposed or existing)
11. Please Check One: [8J Checklist is to be Faxed Back 0 Personally Picked Up
12. Applicant Name Q. Gradv Minor and Assoc. (Sharon Umoenbour)
Fax 239-947-0375
13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to
further review by the Addressing Section.
FOR STAFF USE ONLY
Primary Number ~,,~ w,.. 4-
Address Number
Address Number
Address Number
Approved by ~~
Phone 239-947-1144
~ 0......., :q~~e ~- 17 -. o. ?
PUDEX-2005-AR-8478
PROJECT #2001050063
DATE: 10/12/05
HEIDI WILLIAMS
Agenda Item No. 78
June 6, 2006
Page 34 of 82
ASGM BUSINESS CENTER OF NAPLES PUD
PUD EXTENSION APPLICATION
LOCATION MAP
LOCATED IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
U.S. 41
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TAMIAMI TRAIL
PUDEX-2005-AR-8478
PROJECT #2001050063
DATE: 10/12/05
HEIDI WILLIAMS
PREPARED BY:
Q. GRADY MINOR AND ASSOCIATES, P.!.
CIVD. ENGDlDIlS . LAND SURVEYORS . PLAIlllERS
3110O VIA DJ:L BY
IIOHlTI. SPRDIGS, nDRlDI. S41S4
PIIOIlI , (2311) 807-11'" YU, (2311) 947-03'7l>
IlUDIIIIIIC CDt'IPZaft or &&mIaJU.ftJII .. DCICI0161
IVnftDID ca!IPICA'lI DP Aunaau.ml 1.8 000&JI1
Agenda Item No. 78
June 6, 2006
Page 35 of 82
ASGM BUSINESS CENTER OF NAPLES PUD
PUD EXTENSION APPLICATION
LEGAL DESCRIPTION
FOLIO NUMBER 00732800002
THE SOUTH ~ OF THE NORTH Y2 OF THE SW ~ LYING EAST OF STATE ROAD
S-951 AND THE SOUTH Y2 OF THE NW ~ OF THE SE ~ OF SECTION 10,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED
IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE
PUBLIC RECORS OF COLLIER COUNTY, FLORIDA
Agenda Item No. 78
June 6, 2006
Page 36 of 82
ASGM BUSINESS CENTER OF NAPLES
PLANNED UNIT DEVELOPMENT
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ASr;M' BUSINrSS CENnIf 0' NAPL8S
CONCEPTUAl.. IiIASlER PLAN
AND WA lER UANAGEI.4ENT PLAN
I T A
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Agenda Item No. 78
June 6, 2006
Page 38 of 82
COVENANT OF UNIFIED CONTROL
The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of property
commonly known as Folio Number 00732800002
(Street address and City, State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for planned unit development (PUD) zoning. We
hereby designate O. Gradv Minor and Associates. P.A. and Roetzel and Andress. legal representative
thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all
owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is
not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and
studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to
authorize development activity on the property until such time as a new or amended covenant of lDlified control is
delivered to Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
I. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless and IDltil a new or amended covenant of unified control is delivered to and recorded by
Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,
or safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue pennits, certificates, or licenses to occupy or use any part of the
planned unit development and the County may stop ongoing construction activity until the project is brought
into compliance with all terms, conditions and safeguards of the planned unit development.
2.. ~. g5,_~
o er ~ ..t..~ ~.q-
h~~ ;A:te~:n:/-eJ
Owner
Printed Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
2005 by
as identification.
PUDEX-200S-AR-8478
PROJECT #2001050063
DATE: 10/12/05
HEIDI WILLIAMS
(Serial NuqWHr..it:lW.\'~..m....:.!.= '
: ~,,\llIt',:C'+. ANNIt: L
i l'i~l p~\ CommIeIIon . 000'11312
i \' 'iJ ExphI113012OO1
:. "l'\-I' ~ Iwough
: 18Q0.432~254) Florida NobIry Mill., Inc.
;............. ... .... 1..1 II ......................
Agenda Item No. 7B
June 6, 2006
Page 39 of 82
EXHIBIT "A"
LEGAL DESCRIPTION
FOLIO NUMBER 00732800002
THE SOUTH Y2 OF THE NORTH Y2 OF THE SW Y4 LYING EAST OF STATE ROAD
S-951 AND THE SOUTH Y2 OF THE NW Y4 OF THE SE Y4 OF SECTION 10,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED
IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE
PUBLIC RECORS OF COLLIER COUNTY, FLORIDA
AFFIDA VIT
_ . - . .Agenda Item NO.-7B---
PUDEX-200S-AR-8478 June 6,2006
PROJECT #20010S006fage 40 of 82
DATE: 10/12/05
HEIDI WILLIAMS
. -.
We/I, Rookery Bav Business Park. LLC being first duly sworn, depose and say that well am/are the
owners of the property described herein and which is the subject matter of the proposed hearing; that all
the answers to the questions in this application, including the disclosure of interest information, all
sketches. data, and other supplementary matter attached to and made a part of this application, are
honest and true to the best of our knowledge and belief. Well understand that the information requested
on this application must be complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be advertised until this
application is deemed complete, and all required information has been submitted.
As property owner Well further authorize Q. Gradv Minor and Associates, P.A., and Roetzel & Andress.
to act as ourlmy representative in any matters regarding this Petition.
2 .--0- ~
Signature "ij Property 03
Awf(.":;"'~ 4;e..f-
Signature of Property Owner
h~ 7)~,r/~w
Typed 0 Printed Nam6 of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me th .
day oU~ 2005, by
produced
as
identification.
'.
State of
~
I!fJJ1/~ ) &~J~
(print, Type, or Stamp Commissioned Name of Notary Public)
E,rl"~:\:,~,~::,."''''ff~A. L
i r;~~ 'p~ Ccnvnittlon. 000181312
: !' ~ . ElrpRe 113Ot2OO1
: ~~Df"~ ~ lhrouah
i ~-4254} Florida NollIry AIwi.. Inc.
;~.. ...... ... ........... ....t .............
Revised: 02-18-04
Page 8 of 9
.. -I.
Agenda Item No. 78
June 6, 2006
Page 41 of 82
EXHIBIT "A"
LEGAL DESCRIPTION
FOLIO NUMBER 00732800002
THE SOUTH 12 OF THE NORTH 12 OF THE SW y.. LYING EAST OF STATE ROAD
S-951 AND THE SOUTH Y2 OF THE NW y.. OF THE SE y.. OF SECTION 10,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED
IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE
PUBLIC RECORS OF COLLIER COUNTY, FLORIDA
Agenda Item No. 78
June 6, 2006
.--- ----- ---______ Page 42 of 82
PUDEX-200S-AR_8478 --------- ----
PROJECT #200J050063
DA TE: 10/12/0S
HEIDI WILLIAMS
TRAFFIC IMPACT STATEMENT
FOR
ASGM BUSINESS CENTER OF NAPLES
Prepared by:
. GRADY MINOR" ASSOCIATE P..A.
ENOn-mBRS . LAND SURVEYORS. PLANNERS
3800 Via Del Rey
Bonita Springs, Florida 34134
(941) 947-1144
JULY, 2001
Revised Jan.utrry, 2002
F:\JOB\ADu::R\CD8\CB8PIl
Agenda Item No. 78
June 6, 2006
Page 43 of 82
Page 1
ASGM BUSINESS CENTER OF NAPLES
INTRODUCTION
The proposed ASGM Business Center of Naples is a request for PUD rezoning of an approximately
40.88 acre for uses including commercial, retail and light industrial end users. The project site is
located on Collier Boulevardjust south of the Prime Outlet stores in Section 10, Township 51 South,
Range 26 East, Collier County, Florida. For project location please refer to Figure 1, Location Map,
page 2. The project will have a single entrance on Collier Boulevard.
SCOPE
The following analyses are included in this report:
1. Trip Generation Calculations (at buildout) p:esented for Peak Season Daily Traffic
(pSDl) including the respective peak hour volumes. .
2. Trip AssigrtmCJ'lt within the Radius of Development Influence (RDI).
3. Existing Traffic Volumes within the RDI; AADT volmnes, PSDT volumes, and Level
of Service (LOS).
4. Future Traffic Volumes within the RDI; AADT volumes, PSDT volumes, and LOS.
5. Discussion of' to' within the RDt .
TRIP GENERATION
Trip generation rates are esnmmM using 6th Edition Trip Generation published by the Institute of
Transportation Engineers, Land Use Code 110, GeDeral Light Industrial, Land Use Code 814,
Specialty Retail Center, Land Use Code 831, Quality Restaurant, and Land UseCode 310, Hotel were
used to estimate mp generation for the project. A SUIDID81'Y of the Trip Generation Calculation for the
project is shown on Table 1, on page 3.
The raw 1rip generation for the project is e.qtjmRted to be 5,4181rip ends for daily traffic volume and
4111rip ends during the highest peakhour(PM). A 25% pass-by capture rate is estimated fortbe retail
and restaurant uses. The new trips generated for the project have been adjusted to 4,481 trip ends for
daily traffic volmne and 366 trip ends in the peak hour for use in the analysis. Please refer to the
DISSCUSSION section for details concerning the e1fects of these traffic volmnes on the level of
service for roadway links within the RDL
F:\JOB\ADLER\CDS\CBBPI1S.DOC
FIGURE 1
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MAP
N.T.S.
F:\JOB\ADLER'.CDS\CBBms.OQC
Agenda Item No. 78
June 6, 2006
Page 44 of 82
Page 2
...
Agenda Item No. 78
June 6, 2006
Page 45 of 82
Page 3
Table 1
Adler Business Park
SUMMARY OF AVERAGE VEHICLE TRIP GENERATION
AVERAGE WEEKDAY DRIVEWAY VOLUMES
7-9-0~
,
24 HOUR AM PK HOUR. PM PK HOUR
TWO-WAY
LAND USE SIZE VO.LOME ENTER EXIT ENTER EXIT
GENERAL LIGHT INDUSTRIAL 200 TH.GR.SQ.FT. .~392 130 ~a 15 lOa
SPECIALTY RETAIL CENTER 50 TH . GR. . SQ . FT . 2033 0 0 56 74
QUALITY RESTAURANT 200 SEAT ,572 0 0 35 17
HOTEL 200 ROOMS 1421 59 38 56 .50
)TAL 5418 189 56 162 :?49
:
Note: A zero rate indicates no rate data available
TRIP GENERATION BY MICROTRANS
F:\JOB\ADLER.\CDS\CBBPTlS.DOC
Agenda Item No. 78
June 6, 2006
Page 46 of 82
Page 4
TRIP ASSIGNMENT
The projected directional distribution oftraflic to and fromASGM Business Center of Naples site was
determined using population and surrounding trip attractions. A modified Fmtar method calculation
was used based on population projections for the area and proportional distribution of existing traffic.
The project directional distribution is shown on Table 2, page 5 and also on Figure 2, page 6. The
distribution includes only those roadways within the Radius ofDevelopment Influence (ROI), based on
a 5 mile radius. Figure 2 also depicts some of the major surrounding trip attractions used in the
distribution determination.
EXISTING TRAFFIC
Table 3, page 7, shows existing 2002 AADT and PSDT traffic volumes, including peak hoW' volumes,
for all nuyor roadway links within the RDL Values were projected from 2001 data provi~ by
Transportation Planning staff for the roadway links within the ROL Level of Service (LOS)
determinations are made based on the Collier County Service Volume Tables presented in the Growth
Management PIan. These service volume tables are also presented in Appendix A, Supporting'Data.
FUTURE TRAFFIC
Table 4, page 8, shows 2004 traffic volumes without project generated traffic included for all mzYor
roadway links within the RDL Table S, page 9, shows 2004 traffic volumes with project traffic
included for all major roadway links within the RDL The effect of project generated traffic on the
surrounding roadway links is discussed below.
Intersections within the RDI fall below 1200 vph for critical volumes.
DISCUSSION
The volume of proposed project traffic does not degrade the level of service of any of the roadway IiDks
within the project RDI below acceptable standards. However, there are segments that are projected to
operate at substandard leVels of service without project traffic and deserve further discussion. .
Collier Boulevard from the CR 953 to the Marco Island Bridge is a 2-Iane undivided roadway. This
link operates at LOS E with current estimAted 2002 traffic volumes. When this volume is adjusted for
peak season, or when the background traffic volume is projected to the anticipated build out year of
2004, the level of service is LOS F (without any project genetated traffic). The anticipated additional
traffic added by the proposed project does not further degrade the WS of the segment.
If daily traffic volumes are used, the projected LOS for Collier Boulevan1 for 2004 is LOS F. However,
when peak hour volumes are used the result is LOS C.
F:\J08\ADLBR\CDS\CBBPTIS.DOC
Agenda Item No. 7B
June 6, 2006
Page 47 of 82
Page 5
Table 2
PROJECT DIRECTIONAL DISTRIBUTION
ROADWAYLINK . FROM TO 0/. OF PROJECr
VOLUME
Collier Boulevard (951) U.8.41 Rattl~HammocIc 23.8%
Collier Boulevard (951) Manatee Road U.8.41 61.4%
Collier Boulevard (951) New York Drive Manatee Road 38.6%
Collier Boulevard (951) Marco IslaDd Bridge New York Drive 26.1 %
U.8.41 Rattl........."....lImnmnclc: CollierBou1evard 25.5%
U.s. 41 Collier Boulevard CR92 7.1%
1':IlOIIV.IlUiI8I'I1S.DOC
Agenda Item No. 78
June 6, 2006
Page 48 of 82
PAGE 6
FIG URE 2
23.8%
N
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RATTLESNAKE HAMMOCK R
.
LELY
ELEMEN r.~RY
SCHOOL
'\:DI~CN
COMMUNITY
COlLEuE
....
'LEL Y
HIGH
SCHOOL
RETAil,'
GROCERY/
DISCOUNT
7.1%
TRIP
DISTRIBUTION
MAP
N.T.S.
Agenda Item No, 7B
June 6, 2006
Page 49 of 82
Page 7
Table 3
ROADWAY IJNI{PEAKBOUR LOS - EXISTING 2002
ROADWAY LINK FROM TO AADT PSDT LOS
(PI{ HOUR) (PK HOUR)
Collier Bou1ewrd (951) U.8.41 RAtflf'!m'IlIlr...Hammock 25,617 (1,120) 28,799 (1 ,259) C
Collier Boulevard (951) M8D8tec Road U.S. 41 37,204 0,694) 39,849 (1,814) , BIC
Collier Boulevard (951) New Yode Drive MImatee Roed 37,204 (1,694) 39,849 (1,814) BlC
Collier Boulevard (951) Marco Island Bridge New York Drive 28,726 (1,235) 31,248 (1,343) ~.
U.S. 41 ~HammocIc Collier Boulevard 25.518 (1,085) 29,483 (1,254) C
u.s. 41 Collier Boulevard CR92 4,744 (N/A) 5,251 (N/A) B
.. LOS D based on peak hour volumes
P:\IOB\ADUIR\CDlS\CBIJP11S.DQC
Agenda Item No. 7B
June 6,2006
Page 50 of 82
Page 8
Table 4
ROADWAY LINK PEAK HOUR LOS - BACKGROUND 2004
ROADWAY LINK FROM TO AADT PSDT LOS
(pK HOUR) (pK HOUR)
Collic:c Boulevard (951) U.S. 41 F.-u.-..Ir....Hammock 3 L,336 (1,370) 35,228 (1,540) C
Collier Boulevard (951) .. Manatee Road U.S. 41 41,535 (1,891) 44,488 (2,025) F*
Collier Boulevard (95 1) New York Drive Manatee Road 41,535 (1,891) 44,488 (2,025) C
Collier Boulevard (95 1) Marco Island Bridge New York Drive 31,448 (1,352) 34,209 (1,471) P"
U.S. 41 RaUJesnAIr....Hammock Collier Boulevard 27.808 (1,182) 32,129 (1,366) C
u.s. 41 Collier Boulevard CR92 5,131 (N/A) 5,679 (N/A) B
· LOS C based on peak hour volumes
.. LOS DIE based on peak hour volumes
P:\IOIl\ADU!Il\CDSOBl"l1S.00c
Agenda Item NGl. 78
June 6, 2006
Page 51 of 82
Page 9
Table!
ROADWAY LINK PEAK HOUR LOS - 2004 WITH PROBer
ROADWAYUNK FROM TO AADT PSDT LOS
(PK HOUR) (PK HOUR)
Collic:r Boulevard (951) U.S. 41 Rattl~Hammock 32,402 (1,457) 36,294 (1,627) CIO.
Collic:r Boulevard (951) Manatee Road U.S. 41 44,286 (2,116) 47,239 (2,250) F.
Collier Boulevard (951) New Yodc Drive Maoatec Road .' 43,265 . (2,032) 46,218 (2,166) e
Collier BouJevanl (951) Man:o Island Bridge New York Drive 32,618 (1,448) 35,379 (1,567) F..
u.s. 41 p sdtJ"""'Alr~}lammtlf".t Collier Boulevard 28,95 I (1,275) 33,272 (1,459) e
u.s. 41 Collier Boulevani CR92 5,449 (N/A) 5,997 (NIA) Ble
· LOS e buccl on peak hour volumes
.. LOS E baaed on peak hour volumes
F:\IOB\ADUlR'tCDS\CBBP'I1S.DOC
Agenda Item No. 7B
June 6, 2006
Page 52 of 82
Page 10
GROJfTH MANAGEMENT PLAN POUCIES
The applicable policies of the growth management plan are addressed as follows:
Policy 1.3/1.4 ~ The roadways within the radius of development influence (ROI) are not degraded
(or further degraded) below acceptable level of service standards after the addition ofproject traffic.
Objective 5 - The project traffic represents over 5% of LOS C traffic volumes on only Collier
Boulevard south ofU .S. 41. However, the project traffic is less than 5% ofthc peak hour volume for
LOS C. The 1:.0S of this segment is not degraded by the 'addition of project traffic. The link
operates at LOS C for peak hour, peak direction conditions (including project traffic) for the buildout
year.
Objective 7 - Opportunities for interconnection with adjoiniDg properties have been considered and
incorporated into the plan. The project will meet all applicable parking requirements in the Collier
County Land Development Code at the time of development. .
P:\JOB\ADLER\CDS\CBBPTIS.DOC
P:\JOB\AD1ER.'CDiS'CBBms.ooc
Agenda Item No. 78
June 6, 2006
Page 53 of 82
APPENDIX A
SUPPORTING DATA
Agenda Item No. 78
June 6, 2006
Page 54 ot 82
COLLIER COUNTY ROUTE-SPECIFIC SERVICE VOLUMES
SEGMENT WEIGHTED AVERAGE CALCULATIONS
SEGMENT 22 CALCULATIONS
Isle or CaDI RoH - Davia Boulevard to US 41
PEAK DIRECTION
Length PEAK DIRECTION INPUTS WEIGHTED AVERAGE
S.ament In mIles LOS A LOSB LOSC LOS 0 LOSE LOS A LOSB LOS C LOS 0 LOS E
22A 0.5 0 0 1,410 1,940 2.120 N/A N/A 2110 2570 2.95(
228 2.1 1,120 1,880 2,600 3,100 3,610
22C 0.5 0 0 1,180 1,440 1.540
220 0.8 0 540 1,450 1,680 1.780
22E 2.0 1,120 1,880 2.600 3,100 3,610
22F 0.5 0 0 740 1470 1.640
~ TOTAL
I
6.4
....
\D
r;:
-
PEAK HOUR 'BOTH DIRECTIONS) INPUTS PEAK HOUR (BOTH DIRECTIONS)
LAngth WEIGHTED AVERAGE
Seament in mil.. LOSA LOSB LOSC LOS 0 LOSE LOS A LOSB LOS C LOS 0 LOS E
22A 0.5 0 0 2.670 3,670 4,010 N1A N1A 3.510 4,290 4.91
228 2.1 1,850 . 3.100 4,290 5,120 5,960
22C 0.5 0 0 1.950 2,370 2,550
220 0.8 0 900 2,400 2,780 2,940
22E 2.0 1,850 3,100 4,290 5,120 5,960
22F 0.5 0 0 1.250 2490 2.770
o
I
TOTAL 6.4
..-..- ~... .' .
Length ANNUAL AVERAGE DAI
Segment in mil.. LOSA LOSB La
22A 0.5 0 0 '27,
228 2.1 19,000 31,900 44,
22C 0.5 0 0 20,
220 0.8 0 9;200 24,
22E' 2.0 19,000 31,900 44,
22F 0.5 0 0 1~.~
-" .-. .. .-- ..--.- ..-.....--...- -.. . . ---ANNUAL AVERAGEEiAl[y'TAAFFic" ~. .....
L Y .TRAFFIC INPUTS ,WEIGHTED AVERAGE
i~- ;~:o~ ~f~~ __~~~~~__..~~~_ ~j~!~Q~__.__._~~~9~._~~~~~
200 52,800 61,400
100 24,400 26,200
700 28,700 30.300
200 52,800 61,400
~~9 _ 25600 28,500
TOTAL 6.4
".
r"
~
~
\Mr.'II"'II^\/r- ..
ROUTE-5PEClFlC SEGMENT 23
Agenda Item No. 78
June 6, 2006
Page 55 of 82
TABLE 1-23 -
ART-TAB Version 2.0
Arterial LIMll or s.rw:. Volume Tables
eased on Chapter 11 of !he 1994 Highwa'y Capacity MMuaf Update
Florida Departm~nt of Transportation
1
ceSCfUPTJOH (Ind&.rr:IN ~ iII.~ Il.m IMM.J)
ROAD NAME: Isle 0' Cape; 1 lrrt.ts6dIoM !OM mile:
From: US 41
. To: MaMllM RaId LeYeI of Setviee
>;,,~>~>:>>>> PEAK OIRECTlON: H8 LANES A- S C 0 e
SIucty TIme PwiocI:PM PEAK 1 NlA- M) 1.060 1.0150 1.060
~ c..:1"7 eotM:lldon. 2 NIA UISO 2.120 2.120 2.120
Number of UI'lM: 3 NlA 3.000 3.190 3.190 3.190
MOT: 4 NlA ".060 4.250 4,2:50 4.250
User Noces:FrH now speed.. Ml.s US")
S rnent tn. 1.1 1 us
(Inr;:JcIdu loW.IicJN in .~ rum IanNI
Fie: ~HMACTElVSneS ltftt~ IS ...,. IftlJ.
-A.~
K FACTOR: 0.017 (0.05.0.20) L...... fit SWYic:e
o FACTOR: 0.521 (0.50. I JXl) LANES A- S C 0 E
PHF: O.hO 10.70. I JXl) 2 NlA 1.770 2.010 2.010 2.010
~. sATURATlON FlOW RATE: 1.810 (1.fOG. 2000) 4 NlA 3.110 ".020 ".020 4.020
~ TURNS FROM EXCLUSNE LANES: ~ 10.1 6 NlA 5.680 '.ClXI 6.030 1.Q30
I NlA 7.880 1.050 1.050 1,Q50
'A Y CHARACTEIUST1CS
URBAN. TRANSmONlNG. OR (IIdJdaI ........11I ~ Il.Irn IettN;J
RURAl.. AREA TYPE: U CU. T. or R) IIM1tMleC.'liclo IS per .
ART!RW. CtASS: 1 (1.2. or 3)
FREe flOW SPEED (mptl): 4.5 (45. 40. cw 35) L...... Of SeMoI
.' TOTAl. LENGTH ~ ARTERIAL. (m/): , l.ANtS A 8' C 0 E
{ MEcw.s ('fIN): Y 2 NIA 11.300 20.700 2O.7CO 2O.7CO
LEFT TURN Bo\YS :Y 4 NlA. 31.200 .., .500 4.1.5ClO 41.5ClO
8 NtA 51.800 82.200 lSZ.2OO 12.200
T10N CHAAACTElUSTlCS I NlA 71,300 lUCID auoo 82.900
NO. SlGNAUZEO lNTERSEC11ONS: 1
ARIWAL. TYPE. PEAK DIRECTION: 3 (1.2~.".s or 8) I
TYPE SIGNAL SYSTEM: S cP.S.orA)
~m<<I. $~AaAcfueNc:O L..... of SerYica
SYSTEM CYa.E LENGTl-t (see): 1In (SO. 110) LANES A S C 0 E
HTEO T'HltU NT 0.31 .20. 1 NlA a.sa 1.00 1.00 , .001
2 NlA 0.12 1.00 l.00 1.00
3 NtA 0....; 1.00 1 .DO 1 .DO
.. NlA 0.98 1.00 1.00 1.
~.
TUN - 19Y
Agenda Item No. 7B
June 6. 2006
Page 56 of 82
IsI. of CaD RoaCI - Men.tee RCNld to New York Drtve ___d
PEAK DIRECTION
Length PEAK DIRECTION INPUTS WEIGHTED AVERAGE
Seament In mile. LOS A LOSS LOSC LOS 0 LOSE LOS A LOSB LOSC LOSD LOSE
24A 1.9 1,170 1,960 2,710 3,240 3,760 N/A 1950 2.610 3060 3,500
248 0.5 0 1930 2230 2390 2520
TOTAL 2.4
_._~ ._-~. .....-..--. ------PEAK HOUR (BOTH DIRECTIONSf'--'--
Length PEAK HOUR {BOTH DIRECTIONS) INPUTS WEIGHTED AVERAGE
S.ament in mil.. LOS A LOSe LOSC LOSD LOSE LOSA LOSB LOSC LOS 0 LOSE
24A 1.9 2,210 3,710 5,130 6.130 7,130 N1A 3700 4940 5,800 6640
24B 0.5 O. . ~.e50" 4 220 4 530 .. 770
o-!
>0
I:ll
t-<
t1:l
TOTAL
2.4
.....
I
!oJ
A
--.-.----- ._- ----- ANNUAL AVERAGE DAiLY TRAFFIC --
Length ANNUAL AVERAGE DAILY TRAFFIC INPUTS WEIGHTED AVERAGE ;
S.ament In mile. LOS A LOSB LOSC LOS 0 LOSE LOS A LOSe LOSC LOSD LOSE
24A 1.9 22,800 38,200 52,906" 63,200 73,500 N1A 36 100 50 900 59 800 68400
248 0.5 0 37600 43 500 46.700 49 200
TOTAL 2.4
(j-.
-
~
~
.'.
'\
Agend~' Item No, 7.B
':June 6, 2006
Page 57 of 82
SEGMENT 2S CALCUlATIONS
New Y ri
COLLIER COUNTY ROUTEoSPECIFIC SERVICE VOLUMES
SEGMENT WEIGHTED AVERAGE CALCULATIONS
Is" of Capri Road. ork 0 ve to Marco sland dge
PEAK DIRECTION
Length PEAK DIRECTION INPUTS WEIGHTED AVERAGE
Segment In mil.. LOS A LOSe LOSC LOS 0 LOSE LOS A Lose LOSC LOS 0 LOSE
25A 0.6 450 710 960 1,260 1,680 NfA 1080 1230 1,380 1,580
25B 1.0 0 1,220 1,310 1,390 1.460
25C 1.0 0, 1,350 1,450 1,510 1,580
250 0.5 450 710 960 1260 1,680
BrI
.. TOTAL
so
:.-
:c
3.1
~
'"
H
PEAK HOUR (BOTH DIRECTIONSIINPUTS PEAK HOUR (BOTH DIRECTIONS)
Length WEIGHTED AVERAGE
Segment in mIles LOS A LOSe Lose LOS 0 LOSE LOS A LOSB LOSC LOS 0 LOSE
_Z5A 0.6 860 1.340 1,62('- 2,390 3.190 NJA 2040 2330 2.620 2.990
~B 1.0 " 0 2,310 2,480 2,630 2,760
.IC 1.0 0 2,550 2,740 2,860 3,000 I
1250 0.5 860 1,340 -!,BO 2,390 3,190
>-3
)of
tIl
t'"
lI:l
....
I
N
VI
TOTAl 3.1
" .-. ANNUAL A
Length ANNUAL AVERAGE DAILY TRAFFIC INPUTS WEI
Seament in mil.. LOSA LOSe Lose LOS 0 LOSE LOS A LOSB
-.
2M 0.6 8,900 13,800 18,700, 24.600 32,900 NJA 21,100
256 1.0 0 ,23,800 25,600 27,100 28,500
25C 1.0 0 26,300 28,200 29,500 30,900
250 0.5 8900 13,800 18700 24 800 32 900
VERAGE DAILY TRAFFIC'-" -,--
GHTEO AVERAGE
LOS C LOS D---C-cfs E
24,000 27,000 _ 3~Boo
TOTAL 3.1
\^'F=I~II/I "I" \./l1It .
c~
( ~..
~nda Item No. 78
June 6. 2006
Page 58 of 82
'COLUER COUNTY ROUTE-SPEC/F/C SERVICE VOLUMES
SeGMENT WEIGHTED AVERAGE CALCULATIONS
SEGMENT.-o CALCULATIONS
II Ca I
US 41 . Rattl..nake Hammock Road to s a of lDr Road
PEAK DIRECTION
Length PEAK DIRECTION INPUTS WEIGHTED AVERAGE
Saamant In mil.. LOSA LOSe LOSC LOS 0 LOS E LOS A Lose LOSC LOS 0 LOS E
~5A 0.5 0 730 1,94.0 2.290 2,410 N1A NJA 2.750 3280 3,730
458 3.3 1.150 1.940 2,680 3,200 3.720
4SC 0.5 0 0 3990 4790 5,090
TOTAL
4.3
i
o
..
I::
I
S. ment
~ 45A
~ 458
5C
TOTAL
Length
Inmlla.
0.5
3.3
0.5
4.3
PEAK HOUR BOTH DIRECTIONS INPUTS
LOS A LOS B LOS C LOS 0 LOS E
o 1,240 3,270 3,860 4,060
2,250 3,770 5,230 6,240 7,260
o 0 7 770 9 350 9 930
PEAK HOUR (BOTH DIRECTIONS)
WEIGHTED AVERAGE ~
LOS A LOS 8 LOS C LOS D LOS E ~
N1A NJA 5,300 ~~~~__. 7 200 ~
...
I
oIlo
Vl
I .__..~....----'
A
I,.ength ANNUAL AVERAGE DAILY TRAFFIC INPUTS
Seament Inmlln LOS A LOSe LOS C LOS 0 LOSE LOS A__
45A 0.5 0 12,700 33,700--- 39,800'--- 41,900 N/A
458 3.3 23,200 38,900 53,900 64,400 74,800
45C 0.5 0 0 _ 80,100.___ 96.300 102,300
NNUA.s:::';~'~.~':ERAI'FiC-- - l
LOS B LOS C LOS 0 LOS E
.........w'A-- 54,600 6S;20(r--'74d.,OQ
TOTAL
4.3
WEIGHAVE.WK<I
Agenda Item No. 78
June 6, 2006
Page 59 of 82
J" J:t. (O~ I tu1 R lOa
R2LN-TAB 4."
Rural 2-Lane level of SeIVice Tables
Based on Chapter 8 clift. 1m tI;I1way Cepadly Manual
Florida Department of Transportation
Systems Planning OffIce. May 2000
Road Name: US 41 "~af ~ru. Bt...vo.
Study Time Period: PM PEAK
MDT: 4,707
UHr Notos: o.fauJt
K Factor: 0.083
o Factor: 0.540
Peak Hour Factor: 0.880
Adjusted Saturation Flow Rate: 2,SOO
(BI-dlreotlon)
Free AowSpeed'(mph): 55
No passing zone:; 20 %
Passing Lane: 0 % Left Turn Bay: V..
PEAK HOUR PUK DiReCTION VOLUME
LANES A
1 I 140
Level of Servlc.
Be. 0
290 470 750
; E
1,210
PI!AK HOUR VOLUMI! (BOTH D'RBCT'ONS)
lev.'otS.Mea
C
870
ANNUAL AveRA.. DAILY TRAFFIC (AADT)
Level of S.rvice
C
9,400
LANES A
2 I 270
8
540
LANES
2 I
A
2,900
B
5.800
~"'__M'_", , ~"_..,..._'_~__,___
o
1.390
E
2.240
o
14,900
:e
2~.ooO l
Prtnted: 1112&12001 03:51:09 PM
Agenda Item No, 78
June 6, 2006
Page 60 of 82
SIGNALIZED JNTBltSECTJONS
9-81
"
'.
PLANNING APPUCATlON WORKSHEET
Intersection:J).$. 4Lt GJU-Ittf.. l3L-'IO. Date: J II 1/02-
" Tune Period Ana1yzed:~ Ho OIL
Analyst: CDS
Project No. aty/State:~fl ~-S (fL
CaU-lfL Bt.. VD . I
:
SB 10TAL NoS STREET ~t\
Ii tR-f I
. jL "- 'iW
2Ll~
kO - I uz- I
1L f WI roTAL.
:
: _U~S.l-f (
E-W STREET
, J 3gZ III '-I
lli., t ,151
II V5'i I "-=\ m
EBTOTAL 5M ;
I J 8 It/ I
NB roTAL
EBU -~ NBU ~ U~
MAXIMUM'
WBTH - 30 SBTH = 2.~<i SUM OF CRinCAL CAPACITY
'~ ~15~1~ VOLuMEs LEVEL
WBLT =l SaLT o 10 1,200 UNDER
= 15')' OR NBTH - 55=f t OR 1,201 to 1,400 NEAR
EBTH
~1 I (,5(, I > 1,400 OVER.
412-
E-W CRITICAL
+ {,5b
N-S CRITICAL
STATUS?~
10 Ip Cj
-
Agenda Item No. 78
June 6, 2006
Page 61 of 82
ORDINANCE NO. 02- 47
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY.
FLORIDA BY AMENDING mE OmClAL ZONING ATI.AS. MAP
NUMBERED 1610Ni BY CHANGING THE ZONING
CLASSIFICATION OF niE HEREIN DESCRIBED REAL
PROPERTY FROM "A" RURAL AGRICULlURE TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS "ASGM BUSINESS
CENTER. OF NAPLES" PUD LOCATED APPROXIMATELY 1/4
Mn.E sourn OF MANATEE ROAD ON COUlER BotJ'LEVARD
(CR #951) IN SECI10N 10. TOWNSHIP 5] SOurn. RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.88+1
ACRESi AND BY PROVIDING AN EFFECTIVE DA'lB.
WHBRBAS, R. Bruce Anderson. of Young. YlInA.uc:aderp, VlI'DIdoe IJ1d Ande:r8on,
reprellCfttinS Martin S. Alder, Richard L. Schwartz, Herbert Guil, ad Marvin MeyencJl1, petitioned
the Board of County Commissioners to ehanse the zoninS eluaifioation of the herein deacm'bcd real
i"!~"': ~:~
property. ~~ ~;
NOW. llJEREFORE, BE IT ORDAINED by the Board of County emnnj~~ of :dJ]ier
c.,... - ._,.
u' .._
County, Florida, that: ~1 ~. ' _ ., ::1
SECTION ONE: ~;" ~..' ':J
:::1--'
The zoninS claasificatioa. of the herein dClCribed real propcdy locati~ ~on ]0,
Township 5] South, Range 26 But, Collier County, Florida, is ebmaed from "A" Rural A,pic:ulture
to "PUD" Planned Unit Development in accordance with the "ASQM BILIinea Center" POD
Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official 2'.onina
Atlu Mlp numbered ]610N, u described in Ordinance Number 91-]02, the Collier County Land
Development Code, is heRby amended lCCOl'dingly.
SECTION TWO'
Thi. Ordinance .hIll become effective upon filinS with the Depanment of State.
PASSED AND DULY ADOPTED by the Board of County Commiaaionen of Collier County,
Florida, this ~IY of(!)~ 8 foL.....- .2002.
,,,.".'j . ~. ~ t.~'t
.;~\ '. f:.,
? :::5 ;::;',:' ,:',~ ~::
:'.. A1:TB1r: ~~ ::
. ;'~'rj~';,.~.../N !.<P.cl
G .E.BROCK..~'"
Attest as to CbitnllR.'
.19ltlt......oal.J..
Approved II to Fonn
Bnd Legal Sufficiency
BOARD OF COUNTY COMMISSIONERS
00lmR~
BY: ~
JAMf!r'N COLB'ITA., CHAIRMAN
.tnl,,1,t \ i. ,"~ ; ) /)t.: .(,.( l ;t;{
Marjorie . Student
Assistant County Attorney
ThIs ordlnancll fikd with th!!
Secretory of ~t~ Office the
L2#aayof~ ~
end acknowledgement of that
fj';'(~f1~lllved thls~ot
of a:;- '~~
B ~'4:. ,"" '..1__
Y, 00I>1Ily CIor1l
./
PUDEX-2005-AR-8478
PROJECT #2001050063
DATE: 10/12/05
HEIDI WILLIAMS
Agenda Item No. 78
June 6, 2006
Page 62 of 82
ASGM
Business Center of Naples
A
PLANNED UNIT DEVELOPMENT
40.88:1: Acres Located.in Section 10
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
Martin S. Adler
Richard L. Schwartz
Herbert Garil
Marvin I. Meyerson
PREPARED BY:
D. Wayne Arnold, AlCP
Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, FL 34134
And
R. Bruce Anderson, Esq.
Young, vanAssenderp, Varnadoe & Anderson
801 Law-el Oak Drive, Suite 300
Naples, Fl 34108
EXHIBIT "A"
F:\PUD OoaIments\ASGM2PUD.doc
DATE FILED
DATE APPROVED BY CCPC .
DATE APPROVED BYBeC /#/ ~A,I.
ORDINANCE NUMBER J1M~--'17
revision date 810 112002
Agenda Item No. 78
June 6, 2006
Page 63 of 82
TABLE OF CONTENTS
~
STATEMENT OF COMPLIANCE AND SHORT TITLE
ii
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP. &
GENERAL DESCRIPTION
1-1
SECTION II
PROJECT DEVELOPMENT
2-1
SECTION III
BUSINESS PARK
GENERAL DEVELOPMENT COMMITMENTS
ASGM BUSINESS CENTER OF NAPLES PUD MASTER PLAN
3-1
SECTION V
4-1
EXHIBIT A
I':\PUD Documems\ASGM2PUD.doc
revision dlIle 8/0112002
Agenda Item No. 78
June 6, 2006
Page 64 of 82
ii
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Martin S. Adler, Richard L. Schwartz. Herbert
Garil, and Marvin 1. Meyerson, hereinafter referred to as the Developer, to create a Planned Unit
Development (POO) on 40.88:!: acres of land located in Section 10, Township 51 South, Range 26
East, Collier County, Florida. The name of this Planned Unit Development shall be ASGM
Business Center of Naples. The development of the ASGM Business Center of Naples PUD will be
in compliance with the planning goals and objectives of Collier County as set forth in the Growth
Management Plan, Business Park Subdistrict. The development will be consistent with the growth
policies and land development regulations adopted thereunder of the Growth Management Plan
Future Land Use Element and other applicable regulations for the following reasons:
I. The subject property is within the Urban Mixed Use District, Urban Coastal Fringe
Subdistrict as identified on the Future Land Use Map of the Future Land Use Element
(FLUE). The purpose of the Urban Mixed Use Residential District, Urban Coastal Fringe
Subdistrict is to provide for a variety of residential and non-residential developrnents such as
Planned Unit Developments.
2. The ASGM Business Center of Naples POO is compatible with and complementary to
existing and future surrounding land uses as required in Policy 5.4 of the FLUE.
3. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
4. The development of the ASGM Business Center of Naples PUD will result in an efficient
and economical extension of community facilities and services as required in Policy 3.1. of
the FLUE.
5. The ASGM Business Center of Naples PUD complies with the location and development
criteria for business parks as found in the Business Park Subdistrict of the Future Land Use
Element of the Collier County Growth Management Plan.
6. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code (LDC).
SHORT TITLE
This ordinance shall be known and cited as the "ASGM BUSINESS CENTER OF NAPLES
PLANNED UNIT DEVELOPMENT ORDINANCE".
F:\PUD Documents1ASGM2PUD.doc
revision date BIO 112002
Agenda Item No. 78
June 6, 2006
Page 65 of 82
1-1
SEcrION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the ASGM
Business Center of Naples PUD, and to describe the existing condition of the property
proposed to be developed.
1.2 LEGAL DESCRIPTION
The South Y2 of the North Y2 of the SW Y4lying east of State Road 951 and the South Y2 of
the NW Y. of the SE ~ of Section 10, Township 51 South, Range 26 East, Collier CoWlty,
Florida.
Consisting of 40.88:t.acres.
1.3 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 10, Township 51 South, Range 26 East The
site is bordered on the north by the Prime Outlet Mall, zoned C-4 and undeveloped
property zoned RMF-16 (8); on the south by Silver Lakes PUD; on the east by
undeveloped Estates zoned property, and the west by Collier Boulevard (S.R. 951).
B. The zoning classification of the subject property at the time ofPUD application was
A, Rural Agriculture.
C. Elevations within the site are approximately 3.75' above MSL, per FEMA Finn
Map Panel No. 120067615 E, dated August 3, 1992, the ASGM Business Center of
Naples property is located within flood zones AE (7).
D. The site is largely vegetated and consists of disturbed Pine Flatwoods, Wax Myrtle,
Brazilian Pepper and mixed wetland hardwoods.
E. The soil types on the site generally include Oldsmar Fine Sand, Oldsmar Fine Sand
Limestone Substratum and Holopaw Fine Sand. Oldsmar Fine Sand represents a
majority of the soil types found on the property. This infonnation was derived from
the Soil Survey of ColJier County Area, Florida, 1998.
F. The project site is located within the Collier COWlty Water Management District
Miscellaneous Coastal Basin. .
G. Industrial, light industrial and commercial uses shall be pennitted within the
Business Park designated portions of the project
F:\PUD Documcnts\ASOM2PUD.doc
revision dare llIO 112002
Agenda Item No. 78
June 6, 2006
Page 66 of 82
SEcrJON n
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the ASGM
Business Center of Naples PUD, and to identify relationships to applicable County
ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The ASGM Business Center of Naples PUD will be developed as a business park.
providing for a mixture of light industrial and non-industrial uses and accessory
uses, consistent with the Business Park Sub-district of the Urban Mixed Use District
of the Future Land Use Element of the Collier County Growth Management Plan.
B. The Master Plan is illustrated graphically on Exhibit "A>>. A Land Use Summary
indicating approximate land use acreages is shoMl on the plan. The master plan is
conceptual, and the location, size, and configuration of individual tracts and access
to tracts shall be detennined at the time of fmal site development plan and/or
preliminary subdivision plat approval with minor adjustments at the time of final
plat approval in accordance with Sections 3.2.7 and 3.3 respectively of the LDC.
23 COMWL~CE~THCOUNTYORDmANCES
A. Regulations for development oftbe ASGM Business Center of Naples PUD shall be
in accordance with the contents of this PUD Ordinance and applicable sections of
the LDC and the Collier COWlty Growth Management Plan which are in effect at the
time of issuance of any development order to which said regulations relate which
authorize the construction of improvements, such as but not limited to final
subdivision plat, final site development plan, excavation permit and preliminary
work authorization. Where this PUD Ordinance does not provide developmental
standards, then the provisions of the specific section of the LDC that is otherwise
applicable shall apply. Where specific standards are specified in this PUD, these
standards shall prevail over those in the LDC.
B. Unless otherwise defined herein, or as necessarily implied by context, the definitions
of all terms shall be the same as the definitions set forth in the LDC in effect at the
time of development order application.
C. Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 of the LDC.
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D. Unless modified. waived or excepted by this POO, the provisions of other sections
of the Land Development Code remain in effect with respect to the development of
the land that comprises this PUD.
E. All conditions imposed herein or as represented on the ASGM Business Center of
Naples Master Plan are part of the regulations which govern the manner in which the
land may be developed.
F. The Subdivisions Division of the LDC (Article 3, Division 32) shall apply to the
ASGM Business Center of Naples POO, except where an exemption or substitution
is set forth herein or otherwise granted pursuant to the Land Development Code,
Section 3.2.4.'
G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to the ASGM Business Center of Naples PUD, except where an exemption is
set forth herein or otherwise granted pursuant to the Land Development Code,
Section 3.3.4.
2.4 ROADWAYS
A. Roadways within the ASGM Business Center of Naples PUD may be private.
Standards for roads and driveways shall be in compliance with the applicable
provisions of the LDC regulating subdivisions, unless otherwise modified, waived or
excepted by this PUD or approved during preliminary subdivision plat approval.
The Developer reserves the right to request substitutions to Code design standards in
accordance with Section 3.2.7.2 of the LDC.
2.5 EXCAVATION
Removal of fill and rock from the ASGM Business Center of Naples PUD shall be
administratively permitted up to an amount of 10 percent per lake (20,000 cubic yards
maximum), unless issued a commercial excavation pennit
2.6 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way or access easements for landscaping,
decorative entrance ways, and signage purposes shall be allowed subject to review and
administrative approval by the Collier County Planning Services Director, taking into
account engineering and safety considerations during the development review process and
prior to any installations.
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2-3
2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as
provided in Section 2.7.3.5 of the IDC. Minor changes and refmements as described herein
may be made by the Developer in connection with any type of development or permit
application required by the LDC.
The Planning Services Director shall be authorized to approve minor changes and
refinements to the ASGM Business Center of Naples Master Plan. The PUD Master Plan is
a conceptual plan containing approximate acreages of each land use. The actual acreages
shall be determined at the time of preliminary subdivision plat or site development approval
and shall be consistent with jurisdictional agency determinations.
A. Reconfiguration of lakes, ponds, ~ preserve areas or other water management
facilities where such changes are consistent with the criteria of the South Florida
Water Management District or other applicable jurisdictional permitting agency and
Collier County.
B. Minor changes and refmements as described above shall be reviewed by appropriate
Collier County staff to ensure that said changes and refmements are otherwise in
compliance with all applicable County Ordinances and regulations prior to the
Planning Services Director's consideration for approval.
C. Approval by the Planning Services Director of a minor change or refinement may
occur independently from and prior to any application for subdivision or site
development plan approval; however, such approval shall not constitute an
authorization for development or implementation of the minor change or refmement
without first obtaining all other necessary County permits and approvals.
2.8 COMMON AREA MAINTENANCE
Common area maintenance will be provided by a Property Owners' Association or similar
entity. The Developer will create a property owners' association or associations, whose
functions shall include provisions for the perpetual maintenance of common facilities and
open spaces.
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2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the ASGM Bwiness Center of Naples pun. The following standards shall
apply:
A. Landscape berms shaH have the following maximum side slopes:
1. Ground covered henns 3: 1
2. Rip-Rap berms 2:1
B. Landscape buffers shall be required'as shown on the Conceptual Master Plan,
Exhibit "A". The Type "B" buffer adjacent to the project's northern property
boundary where abutting RMF-16(8) zoned property shall be a minimum of 25
feet in width and shall meet the vegetative height, opacity and landscape
standards for Type "B" buffers per Section 2.4.7.4 of the LDC.
C. Landscape buffers, benns, fences and walls may be constructed along the perimeter
of the ASGM Business Center of Naples PUD boundary prior to preliminary
subdivision plat and site development plan submittal.
D. Pedestrian sidewalks anellor bike ~ water management systems, drainage
structures, and utilities may be allowed in landscape buffers, consistent with Section
2.4.73 oCthe Collier County LDC.
E. Landscape berms located within' the ASGM Business Center of Naples PUD
boundary and contiguous to a property line and/or right-of-way line may be
constructed such that the toe of slope is located a minimum oftive feet (5') from the
property line and/or right-of-way line.
2.10 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of land under wrlfied ownership or control, as set forth in the LOC,
Section 2.220.23.
B. The ASGM Business Center of Naples PUD is a planned community and will be
developed under unified control. The Developer will establish design guidelines and
standards for business services, cOmmercial uses, and related community features
and facilities, which include features and facilities such as landscaping, signage,
lighting, pedestrian systems, fences, buffers, and other similar facilities.
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C. All primary and secondary business parle land uses shall be subject to Division 2.8 of
the Collier COlmty Land Development Code.
2.11 PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of preliminary subdivision plats for the project may be
accomplished in phases to correspond with the planned development of the property.
2.12 GENERAL PERMI1TED USES
Certain uses shall be considered general permitted uses throughout the ASGM Business
Center of Naples PUD. General pennitted uses are those uses which generally serve the
Developer and residents of the ASGM Business Center of Naples PUD and are typically
part of the common infrastructure or are considered commWlity facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Community recreational facilities.
5. Temporary constnlction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including the
necessary access ways, parking areas and related uses to serve such offices.
6. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.9 of this PUD.
7. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as detcnnined by the Board of Zoning Appeals
(BZA).
B. Development Standards:
Unless otherwise set forth in this Document, the following development standards
shall apply to stnlctures:
1. Setback from back of curb or edge of pavement of any road - Ten feet (10').
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2. Setback from PUD boundary - Fifteen feet (IS').
3. Minimwn distance between unrelated structures - Ten feet (101.
4. Maximum height of structures - Forty-five feet (45').
5. Minimum lot or parcel area - 15,000 square feet
6. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein shall be in accordance with LDC in effect
at the time of site dcvelopment'plan approval.
2.13 OPEN SPACE REQUIREMENTS.
The Collier County Land Development Code requires that mixed-use projects maintain open
space at a minimum of 300,'0 of the project area. The project will be designed in accordance
with this standard and open space areas shall be shown on the site development plan and/or
subdivision plat, whichever may be required.
2.14 SIGNAGE
A. GENERAL
I. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs,
in force at the time of sign permit application shall apply unless such
regulations are in conflict with the conditions set forth in this Section, in
which case the PUD Document shall govern.
2. Signs shall be permitted in private rights-of-way.
3. All signs shaII be located so as not to cause sight Hne obstructions.
4. All internal project rights-of-way, drive aislcs, or access easements may be
utilized for decorative landscaped entrance features and signage subject to
review and approval from the Planning Services Department for
consistency with the requirements set forth herein.
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2-7
B. ENTRANCE SIGNS
1. Two ground or wall-mounted entrance signs maybe located at the entrance
to the subdivision within the PUD. Such signs shall only contain the name
of the subdivision or the insignia or motto of the development.
2. The ground or wall signs shall not exceed a combined total of 64 square
feet. The sign face area shall not exceed the height or length of the wall or
monument upon which it is located.
3. The setback for the signs from the public right-of-way and any perimeter
property line shall be 15 feet. ..
C. DIRECTORY SIGNS
1. One directory sign shall be pennitted at the project entry. The maximum
sign area shall be 250 square feet and the sign shall not exceed 2S feet in
height. The sign shall be set back a minimum of 1 S feet from the Collier
Boulevard right-of-way. Names of business located on out-parcels shall
not appear on directory signs.
D. TRAFFIC SIGNS
1. Traffic signs .such as street signs, stop signs and speed limit signs may be
designed to reflect a cornmon architectural theme. The placement and size
of the signs shall be in accordance with DOT criteria.
2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
A. The Developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with Section 3.2.7.2 of
the LDC.
B. Roadways within the ASGM Business Center of Naples PUD shall be designed and
constructed in accordance with Section 3.2.8.4.16 of the LDC with the following
substitutions:
1. Section 3.2.8.4.16.5, Street Right-of-Way Width
Street right-of-way width: The minimum right-of-way width to be utilized
for public or private local streets and cul-de-sacs shall be forty (40') feet.
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2. Section 3.2.8.4.16.6, Dead-end Streets
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
3. Section 3.2.8.4.16.8, Intersection Radii
Intersection radii: Street intersections shall be provided with a minimwn of
a twenty (20) foot radius (face of curb) for all internal project streets and a
thirty-five (35) foot radius for intersections at project entrances.
4. Section 3.2.8.4.16.10, Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves on
any project streets. -
5. Section 3.2.8.3.17.3, Sidewalks, bike lanes and bike paths
The primary roadway network serving the ASGM Business Center of Naples
PUD shall be required to have a 5 foot wide sidewalk on each side of the
roadway, extending from the entrance on Collier Boulevard to the eastern
bowulary of the northernmost Primary and Secondary Business Park tract.
A 5 foot wide sidewalk shall be provided on one side of the remainder of the
primary roadway network. Cul-de-sacs serving fewer than four building lots
shall not be required to install sidewalks. The general location of the
sidewalk system is shown on Exhibit A, Conceptual Master Plan.
"
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Agenda Item No. 78
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Page 74 of 82
3-1
SEcrION III
BUSINESS PARK
3.1 PURPOSE
The purpose of this Section is to identify pennitted uses and development standards for
development areas within the ASGM Business Center of Naples PUD.
3.2 GENERAL DESCRIPTION
The approximate acreage of the business park is indicated on the Master Plan. This acreage
is based on conceptual designs and is approximate. Actual acreages of all development
tracts will be provided at the time of site development plan or preliminary subdivision plat
approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LOC.
3.3 PERMITTED USES AND STRUCTURES
A. Permitted primary uses.
One-hundred percent ofthe ASGM Business Center of Naples PUD district
acreage is allowed to be developed with the following uses:
1. Aircraft and parts (groups 3721-3728)
2. Apparel and other finished products (groups 2311-2399)
3. Building construction (groups 1521-1542)
4. Business services (groups 7311, 7312, 7334, 7338, 7342-
7389)
5. Communications (groups 4812-4899, including communication towers
limited in height to 100 feet and subject to Section 2.6.35.6.2.1. of the
LDC.)
6. Constrnction: Special trade contractors (groups 1711-1799)
7. Depository and non-depository institutions (groups 6011-61636019,
6081,6082)
8. Drugs and medicines (grollJ's 2833-2836)
9. Eating places (group 5812 not including fast foods. walk-up windows and
drive-through restaurants)
10. Educational services (groups 8243-8249 8221-8299, 8331)
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11. Electronics and other electrical equipment manufacturing (groups 3612-
3699)
12. Engineering, accounting, research, management and related services
(groups 8711-8748)
13. Food manufacturing (groups 2034, 2038, 2053, 2064,2066,2068,2096,
2098, 2099)
14. Furniture and fixtures manufacturing (groups 2511 -2599)
15. Government officeslbuildings (groups 9111 - 9222,9224-9229,9311,
9411-9451,9511-9532,9611-9661)
16 Health services (groups 8011-8049)
17 Industrial and commercial machinery and computer equipment (groups
3511-3599)
18. Industrial inorganic chemicals (groups 2812-2819)
19. lob training and vocational rehabilitation services (group 8331)
20. Leather and leather products (groups 3131-3199)
21. Measuring, analyzing, and controlling instruments; photographic, medical
and optical goods; watches and clocks manufacturing (groups 3812-3873)
22. Medical clinics (groups 8011, 8021, 8041-8049), provided that said use
shall be pennitted only as a related, accessory use. supportive and
incidental to the primary, planned research office facilities and further
provided that any such use shaIl be oriented internally to the major
development of the planned research office facilities, with no direct access
to major arterials external to the project.
23. Medica11aboratories and research and rehabilitative centers (groups 8071,
8072,8092,8093)
24. Membership organizations (group 8611, business associations; group
8631. labor unions and similar labor organizations)
25. Miscellaneous manufacturing industries (groups 3911-3999)
26. Motion picture production (groups 7812-7819)
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Agenda Item No. 7B
June 6, 2006
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3-3
27. Motor freight transportation and warehousing (groups 4214 and 4225-
indoor storage only)
28. Paper and allied products (groups 2621-2679)
29. Personal services (groups 7211-7219)
30. Plastic materials and synthetics (groups 2821, 2834)
31. Printing, publishing and allied industries (groups 2711-2796)
32. Professional offices (groups 6311-6399,6411,6531,6541,6552,6553,
6712-6799,8111)
33. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053)
34. Security/commodity brokers (group 6211)
35. Social services (group 8331)
36. Transportation equipment (groups 3714, 3716, 3731, 3732,3751,3792,
3799)
37. U.S. Postal Service (group 4311)
38. Wholesale trade (groups 5021-5031,5043-5049,5063-5078,5091,5092,
5094-5099,5111-5159,5182,5191-5199)
39. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
(BZA).
B. Permitted secondary uses:
The following uses shall be limited to a maximum of 30 percent of the total
acreage of the ASGM Business Center of Naples PUD:
1. Amusement and recreation services (groups 7911, 7922, 7933, 7991)
2. Child day care services (group 8351)
3. Depository and non-depository institutions (groups 6021-6062.6091,
6099,6111-6163)
4. Drug stores (group 5912, limited to drug stores and pharmacies) in
conjunction with health services groups and medicallaboratories/researchl
rehabilitative groups.
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3-4
5. Hotels (group 7011. up to 26 hotel units per acre density)
6. Membership organizations (groups 8611. 8621. 8631)
7. Museums and art galleries (group 8412)
8. Personal services (groups 7221-7231. 7241. 7291)
9. Professional offices: travel agencies (group 4724)
C. Uses accessory to permitted primary and secondary uses:
1. Uses and structures that are accessory and incidental to uses permitted as
of right in the PUD.
2. Caretaker's residence, . subject to Section 2.6.16 of the LDC.
3. For primary business park uses, retail sales and/or display areas as
accessory to the principal use shall not to exceed an area greater than 20
percent of the gross floor 'area of the permitted principal use and is further
subject to retail standards for landscaping, parking and open space.
3.4 Development standards
A. Minimum lot area: 20,000 square feet.
B. Minimum lot width: 100 feet.
C. Minimum yard requirements for principal and accessory stnlctures:
1. Front yard:
a. Collier Boulevard: . Fifty feet (50')
b. Internal roads: Twenty-five feet (25')
2. Side yard: Ten feet (10')
3. Rear yard: Ten feet (lO')
4. From PUD boundary: Twenty-five feet (25')
5. Distance between structures: If there is a separation between any two
principal structures on the same parcel, said separation shall be a
minimum of 15 feet or a distance equal to one-half the sum of their
heights, whichever is the greater.
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3-5
6. Maximum height of structures: Forty feet (40'), except that
architectural features. and non-structural building elements may be
constrocted to a maximum height of fifty feet (50').
7. Minimum floor area: One thousand square feet
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Agenda Item No. 78
June 6, 2006
Page 79 of 82
4-1
SECI10N IV
GENERAL DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
ASGM Business Center of Naples project.
4~ PUDMASTERDEVELOPMENTPLAN
A. AU facilities shall be constructed in accordance with the final site development
plans, final subdivision plans and all applicable State and Local laws, codes and
regulations except where specifically noted.
B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development
plan. Tracts and boundaries shown on the plan are conceptual and shall not be
considered final. Actual tract boundaries shall be detennined at the time of
preliminary subdivision plat or site development plan approval.
C. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all utilities.
4.3 ENGINEERING
A. Except as noted herein, aU project development will ocem consistent with
Division 3.2 and 3.3 of the LDC.
4.4 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the Developer. Central water and
wastewater service will be provided by the appropriate governmental and/or
private utility provider. Appropriate utility easements will be dedicated to the
utility provider in accordance with the procedure adopted by the utility provider.
B. Upon completion, the utility facilities shall be tested to insure that they meet
Collier County's utility construction requirements in effect at the time
construction plans are approved.
C. Utilities shall be designed in accordance with the eoRier County Utilities
Ordinance No. 97-17.
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- I
I
. .. #
.
, -
4-2
4.5 WATER MANAGEMENT
A. The project shall be designed in accordance with standards of the South Florida
Water Management District.
4.6 ENVIRONMENTAL
A. An exotic vegetation removal. monitoring and maintenance plan for the site shall
be submitted to CUITel1t Planning Seetion Staff for review and approval prior to
final site plan/construction plan approval. A schedule for exotic vegetation
removal shall be submitted with the above-mentioned plan..
B. A minimum of 15 percent (6.1 acres) of the site's viable natumlly functioning
native vegetation shall be retained or replanted in accordance with Section
3.9.5.5.4 of the Collier County Land Development Code. However, this policy
shall not be interpreted to allow development in wetlands. should wetlands alone
constitute more than the portion of the site required to be preserved. For this site.
a minimum of 7.93 acres including these wetland areas and native vegetation shall
be retained on-site.
4.7 TRANSPORTATION
A. All project access points shall be coordinated with the State Department of
Transportation.
B. Arterial level street lighting shall be provided by the developer at all project
entrances at the time access improvements and infrastructure improvements are
installed to support development of each individual tract.
C. Signage and street markings shall.be consistent with MUTCD standards.
D. Potential interconnection locations to properties north of the ASGM Business
Center of Naples PUD are conceptual in nature and the actual location shall be
determined by mutual consent of property owners prior to site development plan
or final plat approval.
4.8 STORMW ATER MANAGEMENT
A. A copy of the South Florida Water Management District surface water
management p~t. permit modification or waiver shall be submitted to Collier
County prior to site development plan approval.
, ,
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rcYision date 8t'01/2002
Agenda Item No. 78
June 6, 2006
Page 81 of 82
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida~ do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2002-47
Which was adopted by the Board of County Commissioners on
the 8th day of October, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th day
of October, 2002.
.' "'......
DWIGHT E. BROCK .;' ~,:c.';.'<;":; j . ;; '"
Clerk of Courts a;1d 'C~eJ;~':-';, . '~~
Ex-officio to Board <:if i'~' '.~: ~ ".':
County Commissioners:::'. 1\;' '.:',. >'.. ::'.
;f'- ~, ..."./ ~ / :'~~~, ,.::." ,.' ::~:I'. }/ '.
~~~JT'r""~ . ...... :r.~'~';:'
. (}1/~i!:5 . \.....~...
By: Ellie Hoffman, . ......'
Deputy Clerk
I
I
Agenda Item No.! 7B
June 6, 2006
Page 82 of 82
RESOLUTION NO. 06 - _
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE AFFECTING
ORDINANCE 02-47 KNOWN AS ASGM BUSINESS CENTER
OF NAPLES PUD, EXTENDING THE CURRENT PUD
APPROVAL TO OCTOBER 8, 2007; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the ASGM Business Center of Naples PUD, Ordinance 02-47 adopted on
October 8, 2002, is subject to the provisions of Section 10.02.13.D., ofthe Land Development Code
(LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans;
and
WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier
County Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined
to extend the current PUD Zoning for two years, until October 8, 2007.
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 Section 10.02.13.D. ofthe LDC.
3. Pursuant to said section of the LDC, the current PUD approval is hereby extended
to October 8, 2007 at the end of which time the owner shall submit to the
procedures in LDC Section IO.02.13.D.
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 ofthe Petition for which the extension is granted.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHAIRMAN
Deputy Clerk
Approved as to Form and Legal Sufficiency:
-rr'v,:. 'lL ." I ,) dl. ~~l:'!( A"""t(: - ~~
Marjorie M. Student-Stirling
Assistant County Attorney
PUDEX-2005-AR-8478/HW/sp
Page I of 1
Agenda Item No. SA
June 6, 2006
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an
Ordinance amending Ordinance No. 2001-13, as amended, (The "Collier
County Consolidated Impact Fee Ordinance"); Providing for incorporation
by reference of the "Water and Wastewater Impact Fee Study, dated June 6,
2006"; Also to insert a reference to the County's most recently updated
Water Master Plan and its most recently up-dated Wastewater Master Plan;
Also to insert amendments required by Florida HBISB 1194; Also to append
the revised Water and Sewer Impact Fee Rate Schedule to thereby
incorporate into the Ordinance, by reference, these new water and
wastewater impact fees; Providing for conflict and severability; Providing
for inclusion into the Code of Laws and Ordinances; Providing that the
Ordinance shall become effective upon receipt by Florida's Secretary of
State, but that the revised impact fees shall not become effective until 8:00
A.M. on Friday, September 8,2006.
OBJECTIVE: The public purpose for this project is to establish a reasonable
impact fee based on the updated 2005 Water and Wastewater Master Plan to
adhere to the Board's guiding principle of "Growth paying for Growth".
Recommendation that the Board of County Commissioners adopt an Ordinance
to amend Schedule Two of Appendix A of Chapter 74 of the Collier County Code
of Law and Ordinances (The Collier County Consolidated Impact Fee Ordinance)
to thereby adopt these revised water and wastewater impact fees. Also to add a
reference to an impact fee study entitled "Water and Wastewater Impact Fee
Study, dated June 6, 2006" and to refer to the County's new Water Master Plan
and to the County's new Wastewater Master Plan. Also adding text required by
Florida HB/SB 1194. Finally, stating an effective date for the Ordinance and a
delayed effective date whereby the new impact fees shall not become effective
until 8 A.M. on Friday, September 8, 2006.
CONSIDERATIONS: The revised Impact Fees are to fund water and wastewater
growth-related capital projects identified in the County's 2005 Water and
Wastewater Master Plan Updates.
Water and wastewater Impact fees are used by the Collier County Water-Sewer
District to partially fund necessary long-term capital improvements as required to
enable the District to supply water, wastewater, and non-potable irrigation water
service that is caused by population growth and growth related development. The
District has used utility impact fees to partially fund the growth-related long-term
capital improvements since 1978.
Ordinance No. 2001-13, which was adopted by the Board of County
Commissioners of Collier County on March 13, 2001, as amended, including
amendments to impact fee Schedules by Resolution No. 2002-88 on February
Agenda Item No. SA
June 6, 2006
Page 2 of 13
12, 2002. Resolution No. 2003-93, adopted on February 25, 2003 established the
District's current water and wastewater impact fees. The impact fee methodology
for the District's non-residential customers was amended by Resolution No.
2003-300 on September 9, 2003. On April 13, 2004, Resolution No. 2004-102
authorized a change in format to the subject Fee Schedule to provide additional
clarity and consistency regarding residential water and residential wastewater
impact fees.
Staff has retained the firm of Greeley and Hansen to update the District's Water
and Wastewater Master Plans. Staff has also retained the Public Resource
Management Group to study and make its recommendations regarding updates
to these Impact Fees. Three other measures related to the District's services are
on the Board's agenda today for approval as other agenda items. They are:
· Updated Water Master Plan
· Updated Wastewater Master Plan
· Updated Water and Wastewater User and Miscellaneous Fees
The Master Plans have been prepared to ensure that the District takes a
comprehensive and proactive approach to meet the water and wastewater
demands of the County's citizens and residents. These Master Plans provide the
framework for consistency between master planning and facility operations, and
to synchronize water and sewer projects with other subject matters related to
County's departments. Finally, the Master Plans provide a comprehensive
approach to address the very high growth rate in Collier County and the number
and magnitude of new water and wastewater projects required to meet the
demands caused by this growth.
The Wastewater Master Plan recommends an addition of 18.5 million gallons per
day of wastewater treatment capacity, expressed on a maximum month average
daily flow basis, over the next ten (10) years. The Water Master Plan
recommends an additional 32.75 million gallons of water plant capacity,
expressed on a maximum month daily demand basis, over the same ten-year
period. For water and wastewater combined, the capital costs allocable to future
users through Fiscal Year 2015 are estimated to approximate $917 million.
The methodology used to calculate these proposed impact fees is consistent with
the approach used in previous impact fee studies, and conforms to the equity
tests established by case law (e.g., rational nexus).
The proposed impact fees were presented to and approved 10 to 1 in favor by
the Development Services Advisory Committee (DSAC) on May 3, 2006; and
was presented to and approved unanimously by the Productivity Committee on
May 17,2006.
Agenda Item No. SA
June 6, 2006
Page 3 of 13
The recommended impact fees are $3,415 for each Equivalent Residential
Connection (ERC) for water, and $3,515 for each wastewater ERC. Both fees
shall not become effective until September 8, 2006. The proposed revisions
result in a $655 increase per water ERC, and a $390 increase per wastewater
ERC.
GROWTH MANAGEMENT IMPACT: The purpose of these recommended water
and wastewater impact fees is to provide necessary revenues from future
customer's of the District's water and wastewater systems, to partially fund long-
term capital improvements that are required because of added demands on
those systems caused by growth, as envisioned by the County's newly proposed
Water Master Plan and Wastewater Master Plan.
FISCAL IMPACT: Assuming an average annual growth rate of 4,379 water
ERCs and 4,350 wastewater ERCs, the revenues estimated to be generated by
these recommended impact fees over the next five years (2007 to 2011) are as
follows:
Water
Wastewater
$74,800,000
$76,400,000
$151,200,000
TOTAL =
The effect of the proposed impact fees on residential and non-residential
structures is shown in the attached Exhibit A.
RECOMMENDATION: Staff recommends that the Board of County
Commissioners adopt an Ordinance amending Ordinance No. 2001-13, as
amended, (The "Collier County Consolidated Impact Fee Ordinance"); Providing
for incorporation by reference of the "Water and Wastewater Impact Fee Study,
dated June 6, 2006"; Also to insert a reference to the County's most recently
updated Water Master Plan and its most recently up-dated Wastewater Master
Plan; Also to insert amendments required by Florida HB/SB 1194; Also to
append the revised Water and Sewer Impact Fee Rate Schedule to thereby
incorporate into the Ordinance, by reference, these new water and wastewater
impact fees; providing for conflict and severability; providing for inclusion into the
Code of Laws and Ordinances; providing that the Ordinance shall become
effective upon receipt by Florida's Secretary of State, but that the revised impact
fees shall not become effective until 8.00 A.M. on Friday, September 8, 2006.
Prepared by: Bala M. Sridhar, Senior Management and Budget Analyst
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 8A
June 6, 2006
Page 4 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
This item will immediately follow Item 1 OB, which is 10:00 a,m, time certain,
Recommendation that the Board of County Commissioners adopt an Ordinance amending
Ordinance No. 2001-13, as amended, (The Collier County Consolidated Impact Fee
Ordinance); Providing for incorporation by reference of the Water and Wastewater Impact
Fee Study, dated June 6, 2006; Also to insert a reference to the Countys most recently
updated Water Master Plan and its most recently up-dated Wastewater Master Plan; Also to
insert amendments required by Florida HB/SB 1194; Also to append the revised Water and
Sewer Impact Fee Rate Schedule to thereby incorporate into the Ordinance, by reference,
these new water and wastewater impact fees; Providing for conflict and severability;
Providing for inclusion into the Code of Laws and Ordinances; Providing that the Ordinance
shall become effective upon receipt by Floridas Secretary of State, but that the revised
impact fees shall not become effective until 8:00 A.M, on Friday, September 8, 2006,
(Companion to Item 10B)
6/6/2006 9:00:00 AM
Prepared By
Paul Kwa
Public Utilities
Project Manager
Date
Public Utilities Engineering
5/12/200610:57:53 AM
Approved By
Paul Mattausch
Public Utilities
Water Director
Date
Water
5/12/2006 11 :08 AM
Approved By
G. George Yilmaz
Public Utilities
Interim WasteWater Director
Date
WasteWater
5/12/200611:37 AM
Approved By
Porfirio E. Gramatges, P.E.
Public Utilities
Sr. Project Manager
Date
Public Utilities Engineering
5/17/2006 1 :29 PM
Approved By
John A. Yonkosky
Public Utilities
Utility Billing Director
Date
UBes
5122/20063:40 PM
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Date
Public Utilities Engineering
5122/20064:10 PM
Approved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operations
5/22/2006 5:07 PM
Approved By
James W. DeLony
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
5123120062:10 PM
Agenda Item No. 8A
June 6, 2006
Page 5 of 13
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/23/2006 2:21 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 11 :03 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/20064:18 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/20064:51 PM
Agenda Item No. 8A
June 6, 2006
Page 6 of 13
Exhibit A
Page I of2
Collier County Water-Sewer District
Water and Wastewater lmpact Fee Study
Existinp and ProDosed Water and Wastewater System lmout Fee Rate Schedule
Effective Date of New Jmoael Fees ~ 8 AM on SeDtember 8. 2006
RESIDENTIAL
INDIVIDUALLY METERED
LIVING SPACE (SO.FT.) BASIS OF FEE METER SIZE ERC (EqUNe/ent WATER IMPACT WATER IMPACT SEWER IMPACT SEWER IMPACT
ALLOCATION R..'."tl., Conn~Uon) FEE FEE FEE FEE
o TO 4,999 PER UNIT 314" 1 - $3,415 ~ $3,515
(AND NO MORE THAN.. BATHROOMS)
5,000 OR MORE PER ERC PER ERe [(GPM-24)/20)+1 IiIAolii9 Q~' IiR~ BASED ON ERe ~ $3,515
fOR MORE THAN" B,l.,THROOMS) t.'~'1'" FA 1'J ~~O Minimum $3,"15
RESIDENTIAL
MASTER METERED
LIVING SPACE (SO.FT,) BASIS OF FEE METER SIZE ERC (l!qulvelent WATER IMPACT FEE SEWER IMPACT FEE
ALLOCA TlON R..ldentUlI CDlln~"on)
EXISTING PROPOSED EXISTING PROPOSED
o TO 750 PER UNlT PER ERC 0.33 $Q;lQ $1,125 ~ $1,160
751 TO I,SOO PER UNIT PER ERC 0.67 - $2,290 $;O,OIQ $2,355
1,501 TO 4,999 PER UNIT PER ERC 1.0 - $3,415 ~ $3,515
5,000 OR MORE Ii^~.~ Q~J liRe BASED ON ERe
(OR MORE THAN 4 PER ERC PER ORDINANCE [(GPM.24)120]+1 ~ $3.515
BATHROOMS) HiRi~ "'l t;;: 1'iQ Minimum $3.415
Agenda Item No. 8A
June 6, 2006
Page 7 of 13
EIbibitA
Page 2of2
Collier County Water-Sewer District
Water and Wastewater Impact Fee Study
Existi09 and Pronosed Water and Wutewaler Svstem lmoael F~ Rate Schedule
NON-RESIDENTIAL
WATER IMPACT FEE SEWER IMPACT FEE
WATER METER
SIZE OR CCWSD ERC RANGE EXISTING PROPOSED EXISTING PROPOSED
EQUIVALENT
MIN MAX MIN MAX ."N MAX ."N I .,AX
j,/Il No longer installed - Usted for ~ $J,4.U ~ ~
Reference Purposes Only
3/4 0 1 ~ 53.415 ~ 53,515
1 1.1 2.5 ~ "'"'" $3,757 $8,538 ~ ~ 53,867 $8,788
1-1/2 2.6 5 ~ ~ $8.879 $17075 ~ ~ $9,139 $17,575
2 5.1 8 ~ ~ $17,417 $27,320 ~ $U,llOQ $17,927 $28,120
3 8.1 54.9 ~ ~ $27,662 5187,464 ~ ~ $28.472 $192.974
4 55 128.9 ~ ~ $187,825 $440,1!l4 ~ ~ $193,325 $453,084
6 129 357.9 ~ ~ $440 535 $1,222229 ~ ~ $453.435 51,258,019
8 358 600 ~ ~ $1,222,570 $2,049.000 ~ ~ $1,258,370 $2,109,000
Agenda Item No. 8A
June 6, 2006
Page 8 of 13
ORDINANCE NO. 2006-
An Ordinance of Collier County, Florida, amending Ordinance No. 2001-13, as amended,
(The "Collier County Consolidated Impact Fee Ordinance"); Providing for incorporation by
reference of the "Water and Wastewater Impact Fee Study, dated June 6, 2006"; Also to
insert a reference to the County's most recently updated Water Master Plan and its most
recently up-dated Wastewater Master Plan; Also to insert amendments required by Florida
HB/SB 1194; Also to append the revised Water and Sewer Impact Fee Rate Schedule to
thereby incorporate into the Ordinance, by reference, these new water and wastewater
impact fees; Providing for conflict and severability; Providing for inclusion into the Code of
Laws and Ordinances; Providing that the Ordinance shall become effective upon receipt by
Florida's Secretary of State, but that the revised impact fees shall not become effective until
8:00 A.M. on Friday, September 8, 2006.
WHEREAS, on March 13,2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-
13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing
impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified
in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and
WHEREAS, Ordinance No. 2001-13, was originally adopted by the Board of County Commissioners
effective as of March 13,2001; On February 12,2002, the Board amended the Impact Fee Schedule by Resolution No.
2002-88. On February 25,2003 by Resolution No. 2003-93, the Board established the District's then current water and
wastewater impact fees (before any mid-term indexing). The impact fee methodology for the District's non-residential
customers was amended by Board Resolution No. 2003-300 on September 9,2003. On April 13,2004, the Board by
Resolution No. 2004-102 authorized a change in format to the Impact Fee Schedule to provide additional clarity and
consistency regarding only residential water and residential wastewater impact fees; and
WHEREAS, pursuant to Subsection 74-303(2)(g) of the Collier County Code, the Water and Wastewater
Impact Fee rates were indexed in accordance with the prescribed methodology, thereby establishing the water and
wastewater impact fee rates that are currently in effect; and
WHEREAS, because Section 74-502 of the County's Consolidated Impact Fee Ordinance (as codified)
provides that impact fee studies should be reviewed at least every three (3) years, Collier County retained "Public
Resources Management Group, Inc.," (the "Consultant"), to review the now existing Water and Wastewater Impact
Fees and to recommend changes to these water and wastewater impact fees as deemed appropriate by the Consultant;
and
WHEREAS, the Consultant has prepared a Study, entitled "Collier County Water and Wastewater Impact
Fee Study," dated June 6,2006 (the "Study"); and
WHEREAS, Collier County uses impact fees to supplement the District's funding of its required additional
long-term capital assets (eligible for imposition of these impact fees) to be able to continue to supply additional service
demands on the District's water and wastewater systems that are driven by population growth and the resulting
development; and
WHEREAS, the Impact Fee Study recommends increases to the Water and Wastewater Impact Fee Rate
Schedule, as set forth in the attached Schedule 2 to Appendix "A"; and
Underlined text is added; Struek throug;h text is deleted
Agenda Item No. SA
June 6, 2006
Page 9 of 13
WHEREAS, the Consultant has recommended increases to the District's water and wastewater Impact Fees
to be coIlected from purchasers of water and/or wastewater "equivalent residential connections" in an equitable and
non-discriminatory manner commencing at 8:00 A.M. on Friday, September 8, 2006; and
WHEREAS, the County's Utility Department staff personnel have reviewed the Consultant's calculations,
fmdings and conclusions, and that staff concurs with all of the Consultant's recommended changes to the attached
Water and Wastewater Impact Fee Rate Schedule, and staff is, therefore, recommending that the Board of County
Commissioners enact this Ordinance to further amend Collier County Ordinance No. 2001-13, as currently amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article I, General, Section 74-102. "Authority" in the CoIlier County Code of Laws and Ordinances
is hereby amended to read as foIlows.
Sec. 74-102. Authority.
The Board has authority to adopt this chapter pursuant to its home rule powers under Article VIII, Section
l(t), of the Florida Constitution, Chapter 125, Florida Statutes, Chapter 163, Part II, Florida Statutes, and the CauRty's
Comprehensive LanE! Use Plan, subiect to all requirements of applicable laws.
SECTION TWO. Article I, General, Subsection 74-106(2), Adoption of impact fee studies, of the Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-106. Adoption ofImpact Fee Studies.
.. .. ..
"(2) CoIlier County Growth Management Plan, as amended (February 1991); The Water Master Plan Update"
prepared by Camp, Dresser & McKee, Inc. (1996), as amended (2005). dated April 10. 2006: "The 2001 Facilities
Plan Update" prepared by Camp, Dresser & McKee, Inc. (1997), as amended; The "2005 Water Master Plan Update"
prepared bv Camp. Dresser & McKee. Inc.. (dated April 10. 2006): "Water & Sewer Imj3aet Fee Stl:iBY" fJreflareEl by
AgReli, Barber and BnmE!age, lAC. (1977). ,A.S amenaed: The "Collier County Water and the Wastewater Impact Fee
Study for Collier County Water-Sewer District (dated June 6. 2006) prepared bv Public Resources Management
Group. Inc."
SECTION THREE. Subsection 74-201(b) in ARTICLE II (IMPACT FEES) - of the Collier County Code of Laws
and Ordinances is hereby amended to read as foIlows:
b. The Board hereby adopts the Impact Fee Rates incorporated by reference in Sections 74-302 through
74-J09lli inclusive, and as set forth in Schedules 1 through &1Q, inclusive, appended hereto as Appendix A, which
shall be imposed upon all Development occurring within the County. These Impact Fee rates may be changed from
time-to-time by Board Resolutions or by Collier County Ordinances of the Board, provided. in every instance. the
Board Rekls advertises notice of a scheduled public hearing in a newspaper of general circulation in Collier County
with regard to the then proposed Imoact Fee Schedule amendments.
Underlined text is added; Struck through text is deleted
Page 2 of 4
Agenda Item No. SA
June 6, 2006
Page 10 of 13
SECTION FOUR. The last (unnumbered) paragraph in sub-part (A) in Section 74-203 - "Use of Funds" - (below
Subsection A.7) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Each of these Impact Fee Trust Funds shall be maintained separate and apart from each other and from all other funds
of the County. Each fund shall account for all collections. revenues and expenditures. and shall be regularly reported
to the Board of Co un tv Commissioners. The portion of the Impact Fee allocated to each Public Facility under Sections
74-302 through 74~ 311. inclusive, shall be deposited into the corresponding Impact Fee Trust Fund immediately
upon receipt. Each of the foregoing Impact Fee Trust Funds shall be further separated or divided based upon benefit
districts established pursuant to the respective Sections 74-302 through 74~ ill. No Impact Fee in any Trust
Account shall be loaned to any other Impact Fee Trust Account.
SECTION FIVE. Subsection 74-303 (2) (g) of the Collier County Code of Laws and Ordinances is hereby amended
to read as follows:
(g) Annual Mid-Cycle Water and Sewer Impact Fee Rate Indexing. Beginning January I, 2005, the County shall
commence a three-year water and sewer (wastewater) impact fee update cycle pursuant to Subsections 74-20 I (b) and
74-502(a) of this article. In each of the two mid-cycle years (between the formal three-year updates) and beginning on
or about June 1,2005, the County shall implement indexing adjustments to each water and sewer Impact Fee amount
by multiplying the then current Water and Sewer Impact Fee rates by a fraction, the numerator of which shall be the
"CeRSl:iRler Priee IRaex Miami Ft. LiHu:lerelale MSJ'., FL, ,^.ll IteRls," as repartee 0)' tae Uaited States Btire8l:l of
Labor Statisties, Index stated in the Board Resolution (or ordinance) that implements that indexing and the
denominator of the fraction shall also be that Index "C(,)},IStiRler Pries lneex Miami ft. L8l:lderaale MSA, fL, All
IteRls" as reflerted by the Veiled States Blueau of Labor Statisties, for one year prior to the period specified in the
numerator. Mid-cycle indexed impact fee rate change adjustments sftaR may be adopted by a Board ResolutionW or
Ordinance(s). oftas Beard pursHcmt ta 8HBseetiea 74 201.B. of this Chapter. Water and wastewater impact fees shall
be increased bv indexing only to the extent that increases resulting from indexine exceed the assumed inflation rate
used to calculate the then applicable impact fees.
SECTION SIX. ADOPTION OF REVISED WATER AND WASTEWATER IMPACT FEES.
Schedule Two (2) of Appendix "A," attached hereto, is hereby adopted as the District's revised Water and
Wastewater Impact Fees, to be become effective at 8:00 A.M. on Friday, September 8, 2006.
SECTION SEVEN. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the
more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions.
SECTION EIGHT. INCLUSION IN CODE OF LAWS AND ORDINANCES.
Underlined text is added; 8truek through text is deleted
Page 3 of 4
Agenda Item No. SA
June 6, 2006
Page 11 of 13
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinance may be renumbered or re-lettered and internal cross-references amended
throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION NINE. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State, but the respective
Impact Fees as shown on the newly revised Water and Wastewater Impact Fees, as shown on the attached Schedule 2
to Appendix A shall not become effective until 8:00 A.M. on Friday, September 8, 2006.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this
day of , 2006.
ArrEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman
Approved as to fonn
and legal sufficiency:
Th]:~. J:~ /"
Assistant County Attorney
Underlined text is added; Struek trn-ough text is deleted
Page 4 of 4
Agenda Item No. 8A
June 6, 2006
Page 12 of 13
AppendiJ A - Schedule 2
Page I 012
Collier Couaty Wiler-Sewer Dislrict
Water ..d W.'.eMlt<< lmpld Fee St.dy
EdstlDIr Ind Prooosed Water and Wastewater Sntem ImDaCt Fee Rate &hedule
Effective Date or New JmDlld Fees .8 AM on SeDtember 8. 2006
(-
RESIDENTIAL
INDIVIDUALLY METERED
L1II/HG SPACE (SQ.FT J BASIS OF FEl! METER SIZE eRe - WA Tell fllfPACT WAlCRllIfPACT SeweR _ACT SeeR IMPACT
ALLOCAnON -- Fet! Fet! Fa Fet!
o TO 4,999 PER UNIT "". 1 - $3,415 ~ $3.515
(AND NO MORE THAN 4 SA TliROQNS
5,000 OR MORE PER ERC PER ERC ICGPM-24)1201+1 IilA~.Q Q,.I iRe BASED ON ERC ~ $3.515
(OR MORE THAN 4 BATHROOMS) P,IAiAUlliA n ~Q Minimum $3.415
RESIDENTIAL
MASTER METERED
LMNG SPAce (SQ.FT.) BASIS OF Fet! MeTeR SIZE EiRC - WA TEiR IMPACT FeE SIiWE'R IMPACT Fee
ALLOCATION _c-_
extST/NG PROPOSeD EiXlSnNG PROPOSeD
o TO 750 PER UNIT PER ERC 0.33 $Q;O $1.125 - $1.160
751 TO 1,500 PER UNIT PER ERC 0.67 ~ $2,290 $UaO $2.355
1,501 TO ..999 PER UNIT PER ERC 1.0 - $3,415 ~ $3.515
5,000 OR MORE il'~i" ON il'l~ BASED ON ERe
(OR MORE THAN ~ PER ERC PER ORDINANCE IlGPM.2~)1201+1 ~"RjmIilFR t2 1'10 Minimum 13.415 ~ $3,515
BATHROOMS)
Agenda Item No. 8A
June 6. 2006
Page 13 of 13
AppeDd;. A . Scbedul<Z
Page 2 of2
Collier CoUDty Water-Sewer Di!ltrict
Water .ed Wntetutn Impact Fee Study
ExistiM: Ind ProDORd Water and Wastewater System Imout Fee: Rite Scbedule
NON-RESIDENTIAL
WA TER IMPACT FEE SEWER IMPACT FEE
WATER METER
SIZE OR CCWSD ERCRANGE EXlSTlNG PROPOSED EXlSTlNG
EQUlVALSiT PROPOSED
MIN MAX Jl(N I MAX MIN MAX "'N "'AX
li4 No IonpM in$JaUed. LJmK1 for ~ ~ ~ ~
RefelwnCe Pu~.s Only
31~ 0 1 $2,+60 $3.415 ~ $3.515
1 1.1 2.5 $3,QU u.- $3,757 $8,538 $I,QI ~ $3.867 $8,788
,
1.112 2.6 5 $+,4+9 ~ $8.879 $17.075 ~ ~ $9.139 $17.575
2 5.1 8 ~ ~ $17.417 $27,320 Ui,aJI ~ $17,927 $28,120
3 8.1 54.9 ~ ~ $27.662 $187.~84 ~ ~ $28,~72 $192,97~
4 55 128.9 ~ ~ $187,825 UfO,194 ~ ~ $183,325 $453,084
6 129 357.9 ~ ~ $440.535 $1.222.229 ~ ~ $453,435 $1.258.019
8 358 600 $9U,D8O ~ $1,222,570 $2,CU8,OOO ~ ~ $1,258,370 $2.109,000
Agenda Item No. 8B
June 6, 2006
Page 1 of 34
-
EXECUTIVE SUMMARY
Recommend adoption of an Ordinance that modifies Ordinance 2001-73,
titled "Collier County Water-Sewer District Uniform Billing, Operating and
Regulatory Standards Ordinance"; this modification includes proposed
rates for water and wastewater services based on a rate study dated June
6, 2006, titled "Water and Wastewater Rate Review for Collier County
Water-Sewer District"; And provides for a new fee titled "Allowance for
Funds Prudently Invested" (AFPI) as Schedule Seven of Appendix A of the
Ordinance; And provides for an effective date of October 1, 2006 for
Schedules 2 through 7 of Appendix A of the Ordinance; And provides for
effective dates of October 1, 2006 and October 1, 2007 for Schedule 1 of
Appendix A of the Ordinance
,-
OBJECTIVE: Recommendation to adopt an ordinance that modifies Ordinance
2001-73, the Collier County Water-Sewer District Uniform Billing, Operating and
Regulatory Standards Ordinance. The modifications include proposed rates for
water and wastewater services based on a rate review study dated June 6, 2006.
Staff's recommendation is to adopt the primary water and wastewater user rates
(schedule 1 of Appendix A of the Ordinance) for effective dates of October 1,
2006 and October 1 , 2007. The recommendation for effective dates of Schedules
2 through 7 of Appendix A of the Ordinance is October 1, 2006.
In addition, this modification to ordinance 2001-73 proposes a new fee, which will
be known as an Allowance for Funds Prudentlv Invested (AFPI) fee.
CONSIDERATIONS: Prior to the Board's adoption of Ordinance 2001-73, the
Board of County Commissioners adopted separate ordinances relative to
changes in rates, rules and regulations for water and wastewater services.
Those ordinances had their respective rates as an integral part of each
ordinance. Every time the rates or components of rates were changed, a new
ordinance was required.
Ordinance 2001-73 consolidated the prior ordinances and consolidated all Collier
County Water-Sewer District (District) rate and fee schedules (other than impact
fees, which are part of the County's consolidated impact fee ordinance) into one
attachment to the ordinance. The attachment, Attachment A, contains six distinct
rate and fee schedules based on types of rates or fees. The rate and fee
schedules provide authority for all rates and fees, other than impact fees,
charged by the District. Ordinance 2001-73 provides that subsequent
adjustments to rates and fees, authorized in the Ordinance, can be changed by
resolution in a duly Advertised Public Hearing.
~
Staff is recommending a new District fee (AFPI) that was not contemplated by
Ordinance 2001-73. The new fee (AFPI) is explained in a separate section
Agenda Item No. 8B
June 6, 2006
Page 2 of 34
below. Therefore Ordinance 2001-73 must be modified to provide authority for
this new fee, which will become Schedule Seven of Attachment A. In addition,
five of the six rates and fee schedules, existing in the current ordinance, require
adjustments based on the rate review.
The County's exceptional growth in recent years, in conjunction with the
expansion of the Water-Sewer District service area in the Rural Frinqe Area
indicates that proactive measures should continue to be taken by the Board of
County Commissioners in order to match capacity with future needs.
Three of the proactive measures as they relate to Water-Sewer District services
are on the Board's agenda today for review, discussion and direction. They are:
. Updated Water Master Plan and Updated Sewer Master Plan
· Impact Fee Study
. Water and Wastewater Rates Study
As can be seen in the attached briefing document (Water and Wastewater Rate
Consultants Transmittal Letter), the proposed rates and the proposed fees for
water and wastewater complement both the impact fees and the Master Plan(s)
scheduled to be approved by the Board of County Commissioners today.
,,-
Major elements of the proposed rates and fees are summarized below:
~'
1. Conservation rate structure. The charge per 1,000 gallons is most significant
for high end users. The rate increases for low-end users are projected to be
less that the system average rate adjustment.
2. The cap on billing for residential wastewater is recommended to be
maintained at 15,000 gallons per month. The assumption is that usage in
excess of 15,000 gallons per month is primarily for irrigation purposes and is
assumed not to be returned to the wastewater system for processing.
3. Water and wastewater user rates are the primary pledge for debt service for
future bonds. The pledge must be sufficient to fund debt service requirements
and meet rate covenant requirements as dictated in the Board-approved
Bond Resolution authorizing the issuance of the financings.
4. A surcharge on usage for periods of mandatory water restrictions in
accordance with South Florida Water Management District rules.
5. Irrigation-only use of potable water charges follow the block rate structure
based on usage.
6. Working capital reserves have been targeted at approximately 90 days of rate
revenue to maintain the overall credit worthiness of the utility system.
7. Six consumption blocks are used in the rate design to adequately promote
water conservation and meet the water use permit requirements of the South
Florida Water Management District.
8. The effect on low-end users has been minimized.
Agenda Item No. 88
June 6,2006
Page 3 of 34
,,_.
The proposed rates and fees, including the AFPI fee, for water and wastewater
services were presented to the Board's Development Services Advisory
Committee (DSAC), Utility Subcommittee on April 27, 2006 and to the DSAC on
May 3, 2006. Staff presented the rates and fees to the County's Productivity sub-
Committee on April 27 and May 15, 2006. A staff presentation was made to the
full Productivity Committee on May 17.
A copy of the rate study titled: "Water and Wastewater Rate Review for Collier
County Water-Sewer District, June 6. 2006" has been distributed to each
Commissioner. A copy of the rate study is on file in the County Manager's Office
for review by the public.
-
The recommended water/wastewater rates in this agenda item are based on an
October 1, 2006 implementation date.
Allowance for Funds Prudentlv Invested (AFPI) "Para-phrased from the rate
study"
The Allowance for Funds Prudently Invested (AFPI) fee is an accepted
methodology to recover the cost of carrying capacity since the capacity is
developed in advance of growth and is generally financed by the use of long-term
financing and available system funds. Generally, once a developer (applicant) for
such capacity has reserved the capacity by payment of impact fees, the applicant
should not be responsible for the financing charges associated with the capacity
financing.
With respect to the District, the primary pledge for the repayment of long-term
debt is from monthly utility rates which are derived from existing ratepayers.
Impact fees are a secondary pledged revenue stream for utility debt, and may be
collected years after the issuance of the debt to finance the expansion-related
projects. As a result, the District incurs costs that essentially benefit the applicant
(e.g., the cost of financing the expansion-related capital additions). As a result
and in an effort to maintain the level of rates charged for monthly service, local
governments have begun to institute various forms of a rate structure to recover
the costs of carrying capacity. These rates are commonly referred to as an AFPI
fee and relate to the recovery of the upfront and carrying cost of financing
capacity until such capacity is fully reserved (payment of impact fees). Currently,
the District does not have an AFPI fee to recover financed capacity costs. An
AFPI fee is proposed to support the utility's "growth pays for growth"
management principle.
-
The AFPI fee would be in addition to the payment of an impact fee by an
applicant. The impact fee relates to the recovery of the capital (fixed asset) cost
of the expansion-related facilities; the AFPI fee relates to the interest expense
incurred by the entity to finance the cost of constructing the expansion-related
fixed assets.
Agenda Item No. 88
June 6. 2006
Page 4 of 34
..--.
As with the impact fees, the purpose of the AFPI fee is to shift the "financial risk"
from the District to the applicant that requires future capacity, which will benefit
the existing customers over the long run by increasing system revenue and
thereby foregoing potential adjustments in rates. The application of both fees
insures the cost recovery to the District. It should be noted that if a private
developer were to construct its own facilities to serve a particular development,
such costs would be incurred in a similar manner. The developer would need to
construct the infrastructure in advance, finance the capital improvements for that
capacity that is not being used, and attempt to recover the carry costs with the
application of AFPI fees which is allowed by the Florida Public Service
Commission that regulates private utilities throughout the State of Florida.
FISCAL IMPACT: The net additional user rate and AFPI fee revenue to be
generated by the recommended fees over the next five (5) years is estimated as
follows:
Water
Sewer
AFPI
Total
=
$ 56,330,000
$ 43,243,000
$ 12,100.000
$111,673,000
=
=
=
/-
The impact to a single family residential user of both water and wastewater
services (does not include AFPI) who has a ~ inch water meter can be estimated
from the following chart.
0 2,000 4,000 6,000 8,000 10,000 15,000 20,000
Descriotion Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons
Existing Rates $33.56 $42.52 $51.48 $61.14 $71.50 $81.86 $111 .46 $126.81
Proposed Rates $36.26 $46.36 $56.46 $67.52 $79.54 $91.36 $126.41 $145.61
$ Increase (Decrease) 2.70 3.84 4.98 6.38 8.04 9.70 14.95 18.80
%Increase (Decrease) 8.0% 9.0% 9.7% 10.4% 11.2% 11.8% 13.4% 14.8%
GROWTH MANAGEMENT IMPACT: The proposed water and wastewater rates
are designed to provide funding for operations, maintenance and repairs,
replacement costs, and supplemental funding for water and wastewater capital
improvements required if the proposed Water and Wastewater Master Plans are
adopted.
RECOMMENDATION: Adoption of this ordinance and the proposed rates for
water and sewer services. Staffs recommendation is to adopt the primary water
and wastewater user rates (schedule 1 of Appendix A of the Ordinance) with
effective dates of October 1, 2006 and October 1, 2007. Staffs recommendation
is to adopt the miscellaneous fees and the AFPI fee (Schedules 2 through 7 of
Appendix A of the Ordinance) with an effective date of October 1,2006.
...--
Prepared by: John A. Yon kosky, Utility Billing and Customer Service Director
Agenda Item No. 88
June 6, 2006
Page 5 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
8B
This item will immediately follow Item 8A and Item 10B, which have a 10:00 a.m. time certain,
Recommend adoption of an Ordinance that modifies Ordinance 2001-73. titled Collier County
Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; this
modification includes proposed rates for water and wastewater services based on a rate
study dated June 6. 2006 titled Water and Wastewater Rate Review for Collier County Water-
Sewer District; And provides for a new fee titled Allowance for Funds Prudently Invested
(AFPI) as Schedule Seven of Appendix A of the Ordinance; and provides for an effective
date of October 1, 2006 for Schedules 2 through 7 of Appendix A of the Ordinance; And
provides for effective dates of October 1. 2006 and October 1, 2007 for Schedule 1 of
Appendix A of the Ordinance, (To be heard after Item 8A)
6/6/2006 9:00:00 AM
Item Number:
Item Summary:
Prepared By
Paul Kwa
Project Manager
Date
Public Utilities
Public Utilities Engineering
5/12/200610:19:21 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
5/12/200611:13AM
Approved By
G. George Yilmaz
Interim WasteWater Director
Date
Public Utilities
WasteWater
5/12/2006 11 :38 AM
Approved By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
5/16/20063:40 PM
Approved By
Porfirio E. Gramatges, P.E.
Sr. Project Manager
Date
Public Utilities
Public Utilities Engineering
5/17/2006 1 :25 PM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
5/18/20062:59 PM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
UBCS
5/22/2006 3:37 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
5/22/2006 3:55 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Agenda Item No. 88
June 6. 2006
Page 6 of 34
Public Utilities
Public Utilities Administration
5/23/20062:10 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/23/2006 2:20 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 9:46 AM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 4:22 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/2006 5:05 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/20064:57 PM
II
Agenda Item No. 88
June 6, 2006
Page 7 of 34
Public Resources Management Group, Inc.
Utility, Rate, Financial and Management Consultants
June 6, 2006
PRMG No. 1125-12
Honorable Chairman and Members of the
Board of County Commissioners
Collier County
3301 Tamiami Trail East
Naples, FL 34112
Subject:
Fiscal Year 2006 Water and Wastewater Rate Review
Ladies and Gentlemen:
Public Resources Management Group, Inc. (PRMG) has completed our review of the water and
wastewater user rates for the Collier County (the "County") Water-Sewer District (the "District")
water and wastewater system (the "System"), and have summarized the results of our analyses,
assumptions, and conclusions in this letter report, which is submitted for your consideration.
The analysis encompassed a financial evaluation of the operations and expenditure needs of the
System for the six fiscal year period ending September 30, 2006 through 2011 and the evaluation
of the sufficiency of the rate revenues to meet such needs. Based on the assumptions relied upon
in the development of the System expenditure requirements, PRMG has identified the need for
additional rate adjustments for both the water system and the wastewater system.
The primary reasons for the identified rate adjustments are to:
1. Provide sufficient revenues and cash flow to fund the six-year capital improvement
program (CIP) of the District as outlined in the 2005 Water and Wastewater Master Plan
Updates (the "2005 Master Plan Updates") prepared by the District's Consulting Engineers.
The projects in the CIP as outlined in the 2005 Master Plan Updates are considered by the
utility staff to be critical in order to provide long-term reliable and sustainable utility
service to System customers.
2. Continue to fund the costs of operations, which continue to increase due to, among other
things, the following:
a. Inflationary effects on the costs of goods and services (prices of electricity and raw
materials such as fuel and chemicals have increased substantially, as have the costs of
overall governmental services);
b. Labor costs, including incremental increases in staffing as a result of System growth
and the capital program identified by the District;
c. Increased costs and regulatory pressure on the costs of treatment; and
K:\DM\1 12S-12\Report\User Rate Report\User Fee Letter of Transmittal. doc
Honorable Chairman and Members of the
Board of County Commissioners
Collier County
June 6, 2006
Page 2
Agenda Item No. 88
June 6, 2006
Page 8 of 34
d. Increased costs associated with the addition of new facilities.
3. Maintain appropriate System rate covenants which include debt service coverage margins
and the maintenance of certain funds and accounts.
4. Maintain adequate operating reserves and margins to ensure the continued creditworthiness
of the System and to provide funds for emergencies (e.g., hurricane preparedness) and
other purposes.
Based on the six-year financial analysis and funding policies for the System, the report
recognizes the need for the following revenue adjustments:
Summary of Proposed Water and Wastewater Revenue Adjustments
Effective Date Water System Wastewater System Combined (Average) System
October 1,2006 14.5% 10.0% 12.1%
October 1,2007 14.5% 10.0% 12.1%
October 1,2008 11.0% 7.0% 9.0%
October 1,2009 6.5% 5.5% 6.0%
October 1,2010 6.5% 5.5% 6.0%
These adjustments are considered by utility staff to be representative of the increases in costs to
effectively operate and maintain the System given the specific requirements of the System
service area. The District is planning to conduct another user rate study in two years to
determine whether the assumptions as outlined herein (e.g., customer growth) match the actual
financial performance of the System and to validate the overall financial forecast. Issues that
could affect the financial forecast include, but are not limited to, customer growth and capacity
demands, continued effects of conservation, cash flow expenditures for capital projects, inflation,
overall business principles, and other factors. As such, only the first two rate adjustments are
being recommended for adoption by the County at this time.
During the course of the rate study, the utility administration and PRMG determined that certain
guidelines should be followed while evaluating the sufficiency of the user rates. These
guidelines included:
1. Existing customers, to the extent practical, should not finance or be impacted by the cost of
financing and constructing water and wastewater infrastructure to serve new growth.
Capital projects - including new facilities being added to accommodate new growth -
should first be financed through system development charges (impact fees) and Allowance
for Funds Prudently Invested (AFPI) fees. If impact fee and AFPI fee collections are
insufficient to pay for the total cost of the capital projects, user rate revenues collected from
new customers connecting to the System should be used to pay for the debt financing of
such projects.
K:IDM\1125-12\ReportIUser Rate ReportlUser Fee Letter of Transmittal.doc
Honorable Chairman and Members of the
Board of County Commissioners
Collier County
June 6, 2006
Page 3
Agenda Item No. 88
June 6, 2006
Page 9 of 34
2. The user rates should be sufficient to recover the costs of providing service. The utility is
not in the "business of making a profit." The costs for providing service does recognize the
accrual of funds for working capital and rate stabilization reserves and for pay-as-you-go
capital financing that may be expended in future years.
3. The user rates should maintain the overall financial creditworthiness of the System. This
guideline entails the following:
a. Maintenance of adequate operating reserves (equal to at least 90 days of rate revenue).
b. Maintenance of reasonable debt-to-net fixed asset financial ratio (not to exceed 65%).
c. Compliance with the rate covenants outlined in both the Bond Resolution which
authorized the issuance of the outstanding senior lien bonds and the existing Loan
Agreements with the Florida Department of Environmental Protection (i.e., State
Revolving Fund (SRF) loan program), which are considered as junior lien (subordinate)
bonds of the System.
d. Maintenance of strong financial position consistent with performance criteria used by
rating agencies and the utility industry.
4. The proposed user rates should be competitive with those of neighboring utility systems.
A summary of the existing and proposed water rates is shown on Table ES-1 immediately
following this letter, while a summary of the existing and proposed wastewater rates is shown on
Table ES-2.
Table ES-3 following this letter provides a financial overview of forecasted System operations.
This table indicates the following for all projected fiscal years, assuming that the proposed user
rate adjustments for all fiscal years are implemented:
1. Overall debt service coverage [net revenues divided by the annual debt service requirement
(senior lien plus junior lien)] equal to at least 135%.
2. Maintenance of adequate operating reserves (liquidity). By the end of Fiscal Year 2011, the
utility is projected to have approximately 125 days of rate revenue (Fiscal Year 2006 = 147
days).
K:\DM\1125.12\Report\User R81e Report\User Fee Letter ofTransmillal.doc
Honorable Chairman and Members of the
Board of County Commissioners
Collier County
June 6, 2006
Page 4
Agenda Item No. 88
June 6, 2006
Page 10 of 34
3. Full utilization of internal funding sources (e.g., impact fees, capital account deposits) before
use of external debt financing to fund the System capital improvement program.
4. Declining operating margin which reflects the use of debt fmancing to fund approximately
59% of the capital improvement program.
5. Estimated debt-to-net fixed asset ratio in all fiscal years that is less than the not-to-exceed
target of65%.
Based on the assumptions relied upon in the preparation of the financial forecast and assuming
the implementation of the proposed revenue adjustments and the projections as contained herein,
the utility should remain in a strong financial position throughout the forecast period.
FINDINGS, CONCLUSIONS AND RECOMMENDATIONS
Based on our studies, assumptions, considerations, and analyses, PRMG offers the following
observations and opinions for consideration by the Board of County Commissioners:
1. The District's existing user rates for water and wastewater service are not anticipated to
recover the District's projected water and wastewater utility revenue requirements for the
fiscal years ending September 30,2006 through 2011.
2. The County should consider adopting the Fiscal Year 2007 and Fiscal Year 2008 water and
wastewater system user rate adjustments as outlined in the report. The adjustments are
anticipated to generate the following increases in revenue:
Effective Date
of Rate Increase
October 1, 2006
October 1, 2007
Estimated Increase in
Water System Revenue
14.5%
14.5%
Estimated Increase in
Wastewater System Revenue
10.0%
10.0%
Estimated Increase in
Total System Revenue
12.1%
12.1%
It is important to note that, due to the proposed rate design and actual usage of a given
customer, the increase in such customer's bill may be higher or lower than the overall
increases in utility System revenue anticipated to be generated from the proposed rates.
3. The proposed water and wastewater user rates are comparable with the rates charged by
"neighboring" utility systems. At a usage level of 8,000 gallons, the average monthly
usage of a single family residential customer of the System, bills for combined water and
wastewater service under the proposed rates for Fiscal Year 2008 (the second phase of the
proposed rate adjustments) would be lower than the bills currently charged by Charlotte
County, Sarasota County, DeSoto County, the FGUA Golden Gate and Lehigh Acres
systems, Okeechobee Utility Authority, the City of North Port and the City of Fort Myers
for similar service. Moreover, at least eleven of the surveyed utilities: i) are involved in a
K:\DM\1125.12\Report\User Rate ReportlUser Fee Letter ofTransmittal.doc
Honorable Chairman and Members of the
Board of County Commissioners
Collier County
June 6, 2006
Page 5
Agenda Item No. 88
June 6, 2006
Page 11 of 34
rate study; ii) are planning to conduct a rate study; or iii) will implement a rate revision
within the next twelve months.
4. The actual results achieved during the forecast period reflected in this report may vary from
those projected, and such variations could be material. For example:
a. Based on discussions with utility staff, PRMG has projected a significant amount of
water and wastewater customer growth and water saleslbilled wastewater flow during
the financial forecast period. Actual customer growth and usage may not be as high as
projected.
b. The District's capital needs may be higher or lower than those projected and assumed
in this report (which total $754.4 million for the six fiscal year period ending
September 30, 2011).
c. Incremental operating expenses associated with treatment facilities coming online may
be higher than proj ected.
PRMG recommends that the District reevaluate the sufficiency of its water and wastewater
user rates on at least an annual basis to reconcile actual results with those projected herein
and to validate the overall financial forecast for ongoing strategic planning purposes.
5. The proposed rates, if implemented as assumed in this report, are anticipated to be
sufficient to i) meet the rate covenants of the Bond Resolution and FDEP loan agreements;
and ii) meet the additional bonds test requirements as defined in the Bond Resolution with
respect to the issuance of additional parity (senior lien) bonds. The financial forecast
recognized in this report assumes the issuance of $147.7 million Utility Revenue Bonds,
Series 2006 and $16.8 million in additional loans from the State Revolving Loan Fund
during the Fiscal Year 2006 to fund a portion of the capital improvement program.
The ability of the System to meet the debt service requirements and comply with the rate
covenants of the Bond Resolution which authorized the issuance of the outstanding System debt
is subject to assumptions and considerations identified in this report and information obtained
during preparation of the report regarding the System.
K:IDM\1125-J 2\ReportlUser Rate ReportlUser Fee Letter ofTransmittal.doc
Agenda Item No. 8A
June 6, 2006
Page 12 of 13
Appendi. A - Sc~ed.l. Z
Page J of2
CoRler Cn.nly Wiler-Sewer District
Water ..d Wastewater Impact Fee Stady
EIiItiDir aDd Prooosed Water and W.~.trr Svstem IDlDad Fee Rale Schedule
Effective Date of New lmMft Fees - 8 AM on SeDtember 8.1006
/~.-..
RESIDENTIAL
INDIVIDUALLY METERED
UVlHG SPACE (SO.FT.) BASIS OF F~ METER SIZE eRC - WATER IMPACT WATER IMPACT SewER _ACT SeweR ""PACT
ALLOCA TIOH -~ FEE FEE FEE FEE
o TO 4,_ PER UNIT 3/4" 1 $;I,>IQ $3,"5 - $3,515
(AND NO MORE ltWol .. BATliROOMS
5,000 OR MORE PER ERe PER ERe I(GP....2.)I2Oj+1 IiAEIi~ QIII ii:~~ BASED ON ERC - $3.515
(OR MORE THAN .. B"THAOOMS) tllAI", m n 1fQ Minimum S3,.1S
RESIDENTIAL
MASTER METERED
UVlHG SPACE (SO.FT.) BASIS OF FEE METER SIZE eRC - WATER IMPACT FEE SEWER IMPACT FEE
ALl.OCA TlON -"""-
EXISTING PROPOSED EXISTING PROPOSED
o TO 750 PER UNIT PER ERC 0.33 ~ $1,126 - $1,160
751 TO 1.500 PER UNIT PER ERC 0.67 S>,a4O $2,_ QOIO $2,355
1.501 TO 04.999 PER UNIT PER ERe 1.0 $;I,>IQ $3,"5 - $3,515
5,000 OR MORE Q'lioO "" oRe BASED ON ERC
(OR MORE THAN. PER ERC PER ORDINANCE IIGPM-2')120J+1 r~iRjmum t2 710 Minimum $3,415 - $3,515
BATHROOMS)
Agenda Item No. 88
June 6, 2006
Page 13 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 1 - DISTRICT -WIDE WATER and W ASTEW A TER RATES Page lof 2
Water. Wastewater. Fire Meter Rates and Water Surchal'l!es
1. Water:
(a) Service AvailabIiity Charge for Individually Metered Residential, Non-Residential and Irrigation:
Size
5/8" inch meter
3/4" inch meter
1" inch meter
1-1/4" inch meter
1-1/2" inch meter
2" inch meter
Pro osed Oct. 1,2006
1. per month
14.00 per month
30.90 per month
39.12 per month
58.91 per month
92.47 per month
Size
3" inch meter
4" inch meter
6" inch meter
8" inch meter
10" inch meter
12" inch meter
Pro osed Oct. 1 2006
S 1 O. 4 per month
282.98 per month
563.08 per month
899.20 per month
1,627.44 per month
2,198.07 per month
Pro oosed Oct. 1,2007
S .72 per month
324.00 per month
644.70 per month
1,029.53 per month
1,863.33 per month
2,516.69 per month
(b) Volume Charge Per 1,000 Gallons:
(i) Individually Metered Residential. Non-Residential and Multi-Family Residential:
(c) Block Rate Structure
Proposed
October 1.2006
Block 1 51.92
Block 2 2.88
Block 3 3.84
Block 4 4.80
Block 5 5.76
Block 6 7.68
Proposed
October 1. 2007
$2.20
3.30
4.40
5.50
6.59
8.79
Consumption Blocks In Gallons - Up To Or Next
Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6
5/8" and 3/4" 5,000 10,000 20,000 30,000 50,000 Over 50,000
1" 12,000 25,000 50.000 75,000 120,000 Over 120,000
1-1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000
1-112" 25,000 50,000 100,000 1 50,000 250,000 Over 250,000
2" 40,000 80,000 160,000 240,000 400,000 Over 400,000
3" 80,000 160,000 320,000 480,000 800,000 Over 800,000
4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000
6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000
8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000
10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000
12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 Over 11,000,000
2. Wastewater:
(a) Wastewater Availablity Charge for Individually Metered Residential, Non-Residential, and Multi-Family:
Size
5/8 inch meter
3/4 inch meter
1 inch meter
1-114 inch meter
1-1/2 inch meter
2 inch meter
Pro osed Oct. I, 2006
2 .2 per month
22.26 per month
50.61 per month
64.90 per month
97.93 per month
154.75 per month
(b) Volume Charge per 1,000 gallons:
(i) All Metered Usage
(Ii) Individually Metered Residential Maximum:
Ex Sum 2007 Schedule 1 District-Wide Water Wastewater Rates.xls
Size
3 inch meter
4 inch meter
6 inch meter
8 inch meter
10 inch meter
12 inch meter
Pro osed Oct. 1, 2006 Pro oosed Oct. 1, 2007
5287.24 per month 5315.96 per month
476.32 per month 523.93 per month
949.23 per month 1,044.12 per month
1,516.92 per month 1,668.55 per month
2,719.65 per month 2,991.50 per month
4,030.95 per month 4,433.89 per month
Proposed
Oct. I, 2006 Oct. I, 2007
$3.13 $3.44
The muimum volumetric charge for individually metered
residential property shall be 15,000 gallons per month.
5/3112006 9:06 AM
Agenda Item No. 88
June 6, 2006
Page 14 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULA TORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 1- DISTRICT-WIDE WATER and WASTEWATER RATES Pa~e 2 of2
3. Fire Systems (Dedicated and Compound):
(a) Fire Meter
(i) Fire Service meter size will refer to the largest diameter meter regillter Installed for fire protection.
(Ii) Fire Service meter connnections that have consumption registerd for three consectutlve billing
periods are deemed to have provided domestic or other water usage shall be billed according to
regular water monthly availabUtiy and usage charges as described herein.
(b) Volume Charge:
(i) Per 1,000 gallons
4. Water Restriction Surcharge:
Water Shorta~e Phase.
Phase 1 - Moderate
Phase 2 - Severe
Phase 3 . Extreme
Phase 4 - Critical
Percent Reduction
In Overall Demand
Less Than 15%
Less Than 30%
Less Than 40%
Less Than 60%
Flow Charge Rate
Adjustment Percenta~e
15%
30%
40%
600/.
Ex Sum 2007 SChedule 1 District-Wide Water Wastewater Rates.xls
5/3112006 9:06 AM
Agenda Item No. 88
June 6, 2006
Page 15 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULA TORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 2 - GOODLAND SUB-DISTRICT WATER Page 1 of 2
Providing monthly user fees for residential, non-residential and multi-family properties in the Goodland
Water Sub-district as follows:
1. Water
(a) Service Availability Charge:
(i) Individual Metered Residential, Non-Residential and multi-family properties:
Meter Size
% inch
1 inch
1 y" inch
2 inch
3 inch
4 inch
6 inch
8 inch
Current
$ 25.00 per month
$ 58.00 per month
$ 113.00 per month
$ 178.00 per month
$ 353.00 per month
$ 548.00 per month
$ 1,095.00 per month
$ 1,967.00 per month
Proposed Oct. 1,2006
$ 25.00 per month
$ 58.00 per month
$ 113.00 per month
$ 178.00 per month
$ 353.00 per month
$ 548.00 per month
$ 1,095.00 per month
$ 1,967.00 per month
(b) Volume Charge per one thousand gallons ($/Mgal) of usage:
(i) Individual Metered Residential, Non-Residential and multi-family properties:
Block
Block 1 (1)
Block 1 (1)
Block 1 (1)
Block 1 (1)
Block 1 (1)
Block 1 (I)
Current
$ 4.30
$ 5.30
$ 6.40
$ 7.40
$ 8.50
$ 10.60
Proposed Oct. 1,2006
$ 4.30
$ 5.30
$ 6.40
$ 7.40
$ 8.50
$ 10.60
(1) Same Block Rate Structure as that of Collier County Water-Sewer District.
(c) Block Rate Structure:
Meter Size
5/8" and 3/4"
1"
1-1/4"
1-112"
2"
3"
4"
6"
8"
Consumption Blocks in Gallons - Up To Or Next
Block 1
5,000
12,000
20,000
25,000
40,000
80,000
120,000
250,000
450,000
Block 2
10,000
25,000
40,000
50,000
80,000
160,000
250,000
500,000
900,000
Block 3
20,000
50,000
80,000
100,000
160,000
320,000
500,000
1,000,000
1,800,000
Block 4
30,000
75,000
120,000
150,000
240,000
480,000
800,000
1,500,000
2,700,000
Ex Sum 2007 Schedule 2 Goodland Rates 5/31/2006 9:06:52 AM
Block 5
50,000
120,000
200,000
250,000
400,000
800,000
1,200,000
2,500,000
4,500,000
Block 6
Over 50,000
Over 120,000
Over 200,000
Over 250,000
Over 400,000
Over 800,000
Over 1,200,000
Over 2,500,000
Over 4,500,000
Agenda Item No. 88
June 6, 2006
Page 16 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 2 - GOOD LAND SUB-DISTRICT WATER Page 2 of 2
(2) The usage charge shall be adjusted based on the following formula:
Purchased Water Adiustment Clause (PW AC) - Existinl!: Rates
(New City of Marco Island Volume Charge - Old City of Marco Island Volume Charge)
= Adder
$0.75
Existing Goodland $/Mgal + Adder = New Goodland $/Mgal
The purpose of the 0.75 factor is needed to adjust for unaccounted for water and the change in the
monthly fixed charges from the City of Marco Island.
For Each Rate Block:
Existing Rate Block $/ Mgal + Adder = New Rate $ / Mgal
Ex Sum 2007 Schedule 2 Goodland Rates 5/31/2006 9:06:52 AM
Agenda Item No. 88
June 6, 2006
Page 17 of 34
PUBLIC UTILITIES DMSION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 3 - IRRIGATION QUALITY WATER RATES Page 1 of 1
Irri2ation Quality (Reuse) Rates
1. Irrigation Quality Water usage in the District shall be at the following schedule:
(a) Service Availability Charge:
Individually Metered Irrigation:
Meter Size
5/8 and 3/4 inch
1 inch
1.5 inch
2 inch
3 inch
4 inch
6 inch
8 inch
10 inch
12 inch
Current
$ 4.35
$ 10.90
$ 21.75
$ 43.50
$ 87.00
$ 174.00
$ 330.00
$ 600.00
$ 960.00
$ 1,430.00
(b) Volume Charge per 1,000 gallons:
Type of Service
(i) Pressurized and distributed
(ii) Pressurized
(Hi) Bulk
Current
$0.72
$0.37
$0.29
Proposed October 1, 2006
$ 5.00
$ 11.00
$ 23.00
$ 46.00
$ 91.00
$ 182.00
$ 346.00
$ 628.00
$ 1,005.00
$ 1,497.00
Proposed October 1,2006
$0.75
$0.39
$0.30
Ex Sum 2007 Schedule 3 IQ Rates 5/31/2006 9:07:00 AM
Agenda Item No. 88
June 6, 2006
Page 18 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULA TORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 4 - METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Page 1 of 1
Meter Installation Chan!es (TaDDin!! Fees)
1. Meter Installation charges to be paid to the District shall be as follows:
Meter size meter tapping charges:
Meter
Size
0/.. inch
1 inch
1.5 inch
2 inch
Meter Tapping Charges With
Service Line Installation
Current Proposed
$633.42 $676.00
$671.90 $738.00
$774.44 $ 1,012.00
$896.70 $ 1,140.00
Meter
Size
0/.. inch
1 inch
1.5 inch
2 inch
Meter Tapping Charges Without
Service Line Installation
Current Proposed
$221.52 $248.00
$257.21 $282.00
$367.44 $493.00
$454.14 $618.00
The fees are based upon meter installation for a typical single-family residence. In all other
circumstances, the meter installation fee shall be based upon the district's actual cost for time,
equipment and materials.
Backflow Device Chare:es
(1) Backflow Device Charges to be paid to the District shall be as follows:
Meter
Size
0/.. inch
1 inch
1.5 inch
2 inch
Reduced Pressure Backflow
Prevention Assembly
Current Proposed
$196.38 $214.00
$214.62 $237.00
$298.83 $345.00
$365.58 $412.00
Meter
Size
0/.. inch
1 inch
1.5 inch
2 inch
Double Check Valve Backflow
Prevention Assembly
Current Proposed
$95.56 $108.00
$105.67 $116.00
$267.29 $294.00
$308.86 $342.00
Ex Sum 2007 Schedule 4 Meter Tapping and Backflow Device Rates.doc 5/31/2006 9:07:09 AM
Agenda Item No. 88
June 6, 2006
Page 19 of 34
PUBLIC UTILITIES DMSION
COLLIER COUNTY W A TER.SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 5 - EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Page IoU
DESCRIPTION CURRENT PROPOSED
(1) Eauipment (Per Hour Rates):
Rehab & Electrician's Truck S 75.00 $ 75.00
Crew Trucks S 50.00 S 50.00
Vactor Truck S 200.00 $ 200.00
Camera Truck S 150.00 $ 150.00
Boom Truck S 100.00 $ 100.00
20 Yard Dump Truck S 70.00 S 70.00
10 Yard Dump Truck $ 40.00 $ 40.00
Pumper Truck S 200.00 S 200.00
Track Hoe( Big or Small) S 50.00 S 50.00
Back Hoe S 60.00 $ 65.00
Olympian Generators S 60.00 $ 60.00
Dewatering System S 40.00 $ 40.00
I
4" Trash Pump S 10.00 $ 10.00
Mud Hog S 10.00 $ 15.00
Trailer S 40.00 $ 45.00
Signs, Barricades and/or Traffic Board $ 100.00 $ 100.00
Road Saw and/or Compactor $ 10.00 $ 15.00
Miscellaneous Small Equipment $ 5.00 $ 5.00
(2) Labor (Per Hour Rates):
Tech 1 & 2 $ 25.00 $ 30.00
Supervisors $ 35.00 $ 40.00
(3) Administration (Der incident): 15% or $300; Whichever is smaller.
(4) Parts and Sub-contractors Actual Cost
Ex Sum 2007 Schedule 5 Equipment Charges labor Charges.doc 5/3112006 9:07:17 AM
Agenda Item No. 88
June 6, 2006
Page 20 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 6 - MISCELLANEOUS CHARGES Page 1 of 1
DESCRIPTION
CURRENT
PROPOSED
$ 25.00
New Accounts-Change of Ownership
Turn Offffurn On at Owner's Request
Meter Re-Read (if different - charge is SO)
Meter Test:
Onsite Test (more than 3% error - charge is $0 )
Offsite Bench Test (more than 3% error - charge is $0)
Meter Lock
Meter Unlock, 2nd and Subsequent Events
Unlock after hours
Meter Removal
Illegal Connection
Convenience Fee-Credit Card
Temporary Meter Deposit
Duplicate Bill Processing Fee
Non-Sufficient Funds (NSF) Processing Charge
Late Payment Charge
Vehicle Over Meter Charge
Removal of Landscaping to Access Meter
Septage Processing Charge/l,000 gallons
Grease Trap Waste Charge/l,OOO gallons
S 20.00
$ 30.00
$ 38.00
$ 30.00
$ 38.00
$ 75.00 $ 80.00
$ 203.00 $ 215.00
$ 50.00 $ 55.00
$ 30.00 $ 55.00
$ 100.00 $ 100.00
$ 152.00 $ 160.00
Actual time and material cost, plus average
consumption, plus a $300.00 fine
$ 5.00 $ 5.00
$1,000.00 $1,000.00
$ 1.00 $ 2.00
15% of the amount or $100, whichever is smaller
5% of unpaid balance
$ 50.00 $ 55.00
$ 50.00 $ 75.00
$ 30.00 $ 31.00
$ 40.00 $ 42.00
Ex Sum 2007 Schedule 6 Miscellaneous Charges.doc 5/31/2006 9:07:28 AM
Agenda Item No. 88
June 6, 2006
Page 21 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULA TORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 7 - Proposed Allowance for Funds Prudently Invested (AFPn Page 1 of 1
AFPI Schedule Per ERC - Water System (*)
Payment Calendar Year
Month 2006 2007 2008 2009 2010 2011 2012
January $0.00 $58.69 $234.76 $410.84 $586.91 $762.98 $939.05
February 0.00 73.36 249.44 425.51 601.58 777.65 953.72
March 0.00 88.04 264.11 440.18 616.25 792.33 968.40
April 0.00 102.71 278.78 454.85 630.93 807.00 983.07
May 0.00 117.38 293.45 469.53 645.60 821.67 997.74
June 0.00 132.05 308.13 484.20 660.27 836.34 1,012.42
July 0.00 146.73 322.80 498.87 674.94 851.02 1,027.09
August 0.00 161.40 337.47 513.54 689.62 865.69 1,041.76
September 0.00 176.07 352.14 528.22 704.29 880.36 1,056.43
October 14.67 190.74 366.82 542.89 718.96 895.03 1,056.43
November 29.35 205.42 381.49 557.56 733.63 909.71 1,056.43
December 44.02 220.09 396.16 572.23 748.31 924.38 1,056.43
AFPI Schedule Per ERC - Wastewater System (*)
Payment Calendar Year
Month 2006 2007 2008 2009 2010 2011 2012
January $0.00 $38.24 $152.94 $267.65 $382.36 $497.06 $611.77
February 0.00 47.79 162.50 277.21 391.92 506.62 621.33
March 0.00 57.35 172.06 286.77 401.47 516.18 630.89
April 0.00 66.91 181.62 296.33 411.03 525.74 640.45
May 0.00 76.47 191.18 305.89 420.59 535.30 650.01
June 0.00 86.03 200.74 315.44 430.15 544.86 659.57
July 0.00 95.59 210.30 325.00 439.71 554.42 669.12
August 0.00 105.15 219.86 334.56 449.27 563.98 678.68
September 0.00 114.71 229.41 344.12 458.83 573.53 688.24
October 9.56 124.27 238.97 353.68 468.39 583.09 688.24
November 19.12 133.87 248.53 363.24 477.95 592.65 688.24
December 28.62 143.38 258.09 372.80 487.50 602.21 688.24
(*) Assumes that the AFPI fee is initiated on October 1, 2006.
Ex Sum 2007 Schedule 7 Allowance Funds Prudently Invested (AFPI).doc
Agenda Item No. 88
June 6, 2006
Page 22 of 34
ORDINANCE NO. 2006 -
An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001-
73, entitled (The "Collier County Water-Sewer District Uniform Billing, Operating and
Regulatory Standards Ordinance") which includes six (6) already existing rate schedules;
Also to increase some of the fees, rates and/or charges in five (5) of those six (6) schedules
as recommended in, and in reliance upon, a Rate Study, dated June 6, 2006, entitled
"Water and Wastewater Rate Review for Collier County Water-Sewer District"; Also to
add, for the first time, new charges called" Allowance for Funds Prudently Invested (AFPI)
Fee" by incorporation of a new Schedule Seven into Appendix A, as recommended by, and
in reliance upon, an Impact Fee Study, dated June 6, 2006; Adding a dermition of
"Equivalent Residential Connection"; Deleting a reference to a $300 fine and inserting that
fine into Schedule 6 of Appendix A; Providing for conflict and severability; Providing for
inclusion into the Collier County Code of Laws and Ordinances, Providing that this
Amending Ordinance will become effective upon receipt by Florida's Secretary of State,
but that all of the increased fees, rates and charges, including (new) AFPI charges, shall not
become effective until Sunday, October 1, 2006
WHEREAS, the original Collier County Water-Sewer District, also known as the County Water-
Sewer District of Collier County, (hereinafter the "District") was approved on November 4, 1969 by
voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and
WHEREAS, in 2001 the Board of County Commissioners enacted Collier County Ordinance
No. 2001-73 to create a more simplified and more efficient mechanism for water and sewer utility
systems and for readers to more easily understand these regulations, which are applicable to the District's
water, wastewater, and non-potable services; and
WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex-officio
Governing Board of the District pursuant to Chapter 2003-353, Laws of Florida, the Special Act that applies
to the District; and
WHEREAS, this Ordinance, for the first time, adopts a new Schedule 7 to Appendix A, to
incorporate into this Ordinance by reference a new charge called "Allowance for Funds Prudently
Invested (AFPI) Fee," which shall become effective on Sunday, October I, 2006 and only to individuals
who, and entities that, deliver to County staff the related water and/or wastewater impact fees for such
water and/or wastewater equivalent residential connections ("ERCs"); and
WHEREAS, this Ordinance incorporates a revised Schedule A that increases some of the rates,
fees and charges as specified therein. Only Schedule Two therein is not being amended at this time.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, THAT ORDINANCE NO. 2001-73, IS HEREBY AMENDED AS
FOLLOWS:
1
Words underlined are added; Words struelc through are deleted
Agenda Item No. 88
June 6, 2006
Page 23 of 34
SECTION ONE. Adootion of "Allowance for Funds Prudentlv Invested (AFPD Fee" A new
Subsection (i) is hereby added to Subsection 1.3 in Ordinance Collier County Ordinance No. 2001-73
(entitled District Rates, Fees and Charges other than Monthly User Fees) (the same also being a new
Subsection (i) to Section 134-173 in the codified Ordinance) which new Subsection (i) shall read as
follows:
(i) Allowance for Funds Prudentlv Invested (AFPD Fee.
(1) The Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District
hereby adopts Allowance for Funds Prudently Invested (AFPD Fees. as set forth in Schedule 7 hereby
appended as part of Appendix A to this Ordinance. The AFPI charges may be changed from time-to-time
by Collier County Ordinance. or by Resolution of the Board of County Commissioners. always acting: as
Ex-officio Board of the Collier County Water-Sewer District. provided the Board publishes notice of one
scheduled public hearing with regard to all such then proposed changes. The proposed Resolution or
Ordinance can be agendized on the Board's regular agenda or on its summary agenda.
(2) Allowance for Funds Prudentlv Invested (AFPl) Fees afford the District an opportunity to earn up to a
fair rate of return on the District's investment in water and/or wastewater plant that has been constructed
but is not yet used and useful. Such non-used and useful plant is by definition held for future use by the
District's future water and/or wastewater customers. Such non-used and useful plant incurs costs such as.
but not limited to. the District's embedded costs of borrowed monev. investment of the District's money
in such plant. as well as operation and maintenance exoenses between the time the plant is constructed
and the time all of the respective equivalent residential connections CERCs) are connected to the District's
respective utility svstem by means of an "active connection." Calculation of the AFPI charges excludes
plant paid from impact fees. which are classified in law as "contributions-in-aid of construction"
("CIAC").
(3) The amount of the applicable AFPI charge is controlled (determined) by the month when the related
impact fee (a) to pay for the respective ERCs is received by County staff. Each AFPI charge is calculated
for one equivalent residential connection CERC) on a month-to-month basis. In this context there is no
distinction between an ERC for residential use. industrial use, commercial use or any other uses.
(4) These AFPI charges apply only to ERCs reserved by payment of the relevant water and/or wastewater
impact fees actually received by County staff subsequent to October 1. 2006 and these AFPI charges shall
cease to apply to ERCS reserved bv staffs receipt of these impact fee payments subsequent to December
31. 2012.
2
Words underlined are added; Words struelc tlKoagh are deleted
Agenda Item No. 88
June 6, 2006
Page 24 of 34
(5) All water AFPI charges shall be accounted for in a separate account for the subiect water treatment
facilities. All wastewater AFPI charges shall be accounted for in a separate account for the subiect
wastewater treatment facilities.
SECTION TWO. Adoption of Revised Appendix A. Section 4 of Ordinance No. 2001-73 (which is
Section 134-177 of the codified Ordinance) is hereby amended to read as follows:
"The !!oard of ~ounty ~ommissioners as ex-officio !!oard of the Collier ~ounty Water-S,ewer District
hereby adopts the rates, fees, and charges as set forth in schedule 1 through e 1; inclusive, appended
hereto as appendix A, which as of October 1,2006, shall be imposed upon all users of the ~ounty Water-
Sewer District's services within the District's boundaries and outside the District~ boundaries subject to
appropriate mutual agreements. The AFPI charges shall applv only to the respective ERCs reserved by
payment of the related water and/or wastewater impact fees subsequent to October I, 2006, and these
AFPI charges shall not apply to ERCs reserved by payment for the ERCs received by staff subsequent to
Decem ber 3 1, 2012. These rates, fees and charges may be changed from time to time by ordinances or by
resolutions of the J;!oard of ~ounty ~ommissioners as ex-officio ~oard of the Collier County Water-
Sewer 12istrict, provided the ~oard holds an publishes, in a newspaper of general circulation in Collier
County. notice of an advertised public hearing with regard to the then proposed schedule amendments.
The proposed amendments (by County Ordinances or Board resolutions) can be agendized on the Board's
regular agenda, or on the Board's summary agenda subiect to removal to the Board's regular agenda.
SECTION THREE: Addint!: Definition of "Equivalent Residential Connection." A new definition of
"Equivalent Residential Connection" is hereby added at the end of Section 1.1 of Ordinance No. 2001-73
(the same being at the end of Section 134-171 ofthe codified Ordinance), to read as follows:
"Equivalent Residential Connection shall mean three-hundred and fifty (350) gallons of water per day
and is two-hundred and fifty (250) gallons of sewerage treatment per dav."
SECTION FOUR: Transfer of the Existine: llIee:al Connection Fine ($300) from the body of the
Ordinance into Schedule 6 of Appendix A. Subsection 1.4(g) (4) of Ordinance No. 2001-73 (which is
Subsection 134-174(g) (4) of the codified Ordinance) is hereby amended to read as follows:
"(4) If service has been discontinued for non-payment of bills and an illegal water connection is made,
service will be renewed upon payment of all unpaid bills, time and material cost to remove the illegal
connection, the cost of the estimated amount of water consumption loss, plus a--$3-OO the fine specified in
appendix A-Schedule 6."
SECTION FIVE. Conflict and Severability.
3
Words underlined are added; Words struck thrOl:lgb. are deleted
Agenda Item No. 88
June 6,2006
Page 25 of 34
The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the
interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not
affect the validity of the remaining portions thereof.
SECTION SIX. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION SEVEN. Effective Date. Delaved Effective Date for the Rates. Fees and Charl!es.
This Ordinance shall become effective upon being filed with the Department of State, but
Attachment A shall not go into effect until Sunday, October 1, 2006 (except as to the $300 fine, which
shall remain continuously in effect).
PASSED AND DULY adopted by the Board of County Commissioners as Ex-officio Board of
the Collier County Water-Sewer District this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AS
EX-OFFICIO BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and
legal sufficiency:
By:
Thomas C. Palmer,
Assistant County Attorney
4
Words underlined are added; Words struek through are deleted
Agenda Item No. 88
June 6, 2006
Page 26 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 1- DISTRICT-WIDE WATER and WASTEWATER RATES PaRe lof2
1.
Water. Wastewater. Fire Meter Rates and Water Surchal'l!es
Water:
(a) Service Availabliity Charge for Individually Metered Residential, Non-Residential and Irrigation:
Effective Effective Effective
Oct. 1,2006 Oct. 1,2007 Size Oct. 1,2006
$14.00 per month $16.03 per month 3" inch meter S 170.94 per month
14.00 per month 16.03 per month 4" inch meter 282.98 per month
30.90 per month 35.38 per month 6" inch meter 563.08 per month
39.12 per month 44.79 per month 8" inch meter 899.20 per month
58.91 per month 67.45 per month 10" inch meter 1,627.44 per month
92.47 per month 105.88 per month 12" inch meter 2,198.07 per month
Size
5/8" inch meter
3/4" inch meter
1" inch meter
1-1/4" inch meter
1-1/2" inch meter
2" inch meter
(b) Volume Charge Per 1,000 Gallons:
(i) Individually Metered Residential, Non-Residential and Multi-Family Residential:
Block I
Block 2
Block 3
Block 4
Block 5
Block 6
(c) Block Rate Structure
Meter Size
5/8" and 3/4"
1"
1-114"
1-1/2"
2"
3"
4"
6"
S"
10"
12"
Effective
Oct. 1, 2006
Sl.92
2.88
3.84
4.80
5.76
7.68
Effective
Oct. 1, 2007
52.20
3.30
4.40
5.50
6.59
8.79
Consumption Blocks in Gallons - Up To Or Next
Block 1
5,000
12,000
20,000
25,000
40,000
SO,OOO
120,000
250.000
450,000
700,000
1,075,000
Block 2
10,000
25,000
40,000
50,000
80,000
160,000
250,000
500,000
900,000
1,450,000
2,150,000
Block 3
20,000
50,000
80,000
100,000
160.000
320,000
500,000
1,000,000
1,800,000
2,900,000
4,300,000
Block 4
30,000
75,000
120,000
150,000
240,000
480,000
800,000
1,500,000
2,700,000
4,300,000
6,450,000
Block 5
50,000
120,000
200,000
250,000
400,000
800,000
1,200,000
2,500,000
4,500,000
7,000,000
11,000,000
Effective
Oct. 1,2007
$ 195.72 per month
324.00 per month
644.70 per month
1,029.53 per month
1,863.33 per month
2,516.69 per month
Block 6
Over 50,000
Over 120,000
Over 200,000
Over 250,000
Over 400,000
Over 800,000
Over 1,200,000
Over 2,500,000
Over 4,500,000
Over 7,000,000
Over 11,000,000
2. Wastewater:
(a) Wastewater Service Availablity Charge for Individually Metered Residential, Non-Residential, and Multi-Family:
Size
5/8 inch meter
3/4 inch meter
1 inch meter
1-114 inch meter
1-1/2 inch meter
2 inch meter
Effective
Oct. 1,2006
$22.26 per month
22.26 per month
50.61 per month
64.90 per month
97.93 per month
154.75 per month
Effective
Oct. 1,2007
$24.49 per month
24.49 per month
55.67 per month
71.38 per month
107.72 per month
170.22 per month
(b) Volume Charge per 1,000 gallons:
(i) All Metered Usage
(ii) Individually Metered Residential Maximum:
Ord 2007 Schedule 1 District-Wide Water Wastewater Rates.xls
'O;~oi_.~.iiM~_~;;;.o;;",.".;.,,"'''''''''''i'' '-"'''','.",o,,",,,'",..{;,..,,,"-,.
Size
3 inch meter
4 inch meter
6 inch meter
8 inch meter
10 inch meter
12 inch meter
Effective
Oct. 1. 2006
$287.24 per month
476.32 per month
949.23 per month
1,516.92 per month
2,719.65 per month
4,030.95 per month
Effective
Oct. I. 2007
$315.96 pcr month
523.93 per month
1,044.12 per month
1,668.55 per month
2.991.50 per month
4.433.89 per month
Effective Effective
Oct.!. 2006 Oct.l.2007
53.13 53.44
The maximum volumetric charge for individually metered
residential property shall be 15,000 gallons per month.
5131/2006 9:08 AM
Agenda Item No. 88
June 6, 2006
Page 27 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE l_DISTRlCT_WIDEWATERandWASTEWATERRATES PalZe20f2
3. Fire Systems (Dedicated and Compound):
(a) Fire Meter
(i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection.
(ii)Fire Service meter connnections that have consumption registerd for three consectutive billing
periods are deemed to have provided domestic or other water usage shall be billed according to
regular water monthly availablitiy and usage charges as described herein.
(b) Volume Charge:
(i) Per 1,000 gallons
4. Water Restriction Surcharge:
Water Shortas:e Phase"
Phase 1 - Moderate
Phase 2 - Severe
Phase 3 - Extreme
Phase 4 - Critical
Percent Reduction
In Overall Demand
Less Than 150/.
Less Than 30%
Less Than 40%
Less Than 60%
Flow Charge Rate
Adjustment PercentalZe
15%
30%
40%
60%
Ord 2007 Schedule 1 District-Wide Water Wastewater Rates.xls
5/31/2006 9:08 AM
Agenda Item No. 88
June 6, 2006
Page 28 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULA TORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 2 - GOOD LAND SUB-DISTRICT WATER Page 1 of 2
Providing monthly user fees for residential, non-residential and multi-family properties in the Goodland
Water Sub-district as follows:
1. Water
(a) Service Availability Charge:
(i) Individual Metered Residential, Non-Residential and multi-family properties:
Meter Size
y. inch
1 inch
1 Y1 inch
2 inch
3 inch
4 inch
6 inch
8 inch
Effective Oct. 1,2006
$ 25.00 per month
$ 58.00 per month
$ 113.00 per month
$ 178.00 per month
$ 353.00 per month
$ 548.00 per month
$ 1,095.00 per month
$ 1,967.00 per month
(b) Volume Charge per one thousand gallons ($/Mgal) of usage:
(i) Individual Metered Residential, Non-Residential and multi-family properties:
Block
Block 1 (1)
Block 1 (1)
Block 1 (1)
Block 1 (1)
Block 1 (1)
Block 1 (1)
Proposed Oct. 1,2006
$ 4.30
$ 5.30
$ 6.40
$ 7.40
$ 8.50
$ 10.60
(1) Same Block Rate Structure as that of Collier County Water-Sewer District.
(c) Block Rate Structure:
Consumption Blocks in Gallons - Up To Or Next
Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6
5/8" and 3/4" 5,000 10,000 20,000 30,000 50,000 Over 50,000
I" 12,000 25,000 50,000 75,000 120,000 Over 120,000
1-1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000
1-1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000
2" 40,000 80,000 160,000 240,000 400,000 Over 400,000
3" 80,000 160,000 320,000 480,000 800,000 Over 800,000
4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000
6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000
8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000
Ord 2007 Schedule 2 Goodland Rates 5/31/2006 9:08: 15 AM
Agenda Item No. 88
June 6, 2006
Page 29 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 2 - GOODLAND SUB-DISTRICT WATER Page 2 of 2
(2) The usage charge shall be adjusted based on the following formula:
Purchased Water Adiustment Clause (PW AC) - Existio2 Rates
(New City of Marco Island Volume Charge - Old City of Marco Island Volume Charge)
= Adder
$0.75
Existing Goodland $/Mgal + Adder = New Goodland $/Mgal
The purpose of the 0.75 factor is needed to adjust for unaccounted for water and the change in the
monthly fixed charges from the City of Marco Island.
For Each Rate Block:
Existing Rate Block $/ Mgal + Adder = New Rate $/ Mgal
Ord 2007 Schedule 2 Goodland Rates 5/31/2006 9:08: 15 AM
Agenda Item No. 88
June 6, 2006
Page 30 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 3 - IRRIGATION QUALITY WATER RATES Page 1 of 1
Irrieation Duality (Reuse) Rates
(a) Service Availability Charge:
1. Irrigation Quality Water usage in the District shall be at the following schedule:
Individually Metered Irrigation:
Meter Size
5/8 and 3/4 inch
1 inch
1.5 inch
2 inch
3 inch
4 inch
6 inch
Sinch
10 inch
12 inch
Effective October 1, 2006
$ 5.00
$ 11.00
$ 23.00
$ 46.00
$ 91.00
$ 182.00
$ 346.00
$ 628.00
$ 1,005.00
$ 1,497.00
(b) Volume Charge per 1,000 gallons:
Type of Service
(i) Pressurized and distributed
(ii) Pressurized
(Hi) Bulk
Effective October 1, 2006
$0.75
$0.39
$0.30
Ord 2007 Schedule 3 IQ Rates 5/31/2006 9:08:23 AM
Agenda Item No. 88
June 6, 2006
Page 31 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 4 - METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Page 1 of 1
Meter Installation Charees (Tappine Fees)
1. Meter Installation charges to be paid to the District shall be as follows:
Meter size meter tapping charges:
Meter
Size
% inch
1 inch
1.5 inch
2 inch
Meter Tapping Charges With
Service Line Installation Charge
Effective Oct. 1, 2006
$676.00
$738.00
$1,012.00
$1,140.00
Meter
Size
% inch
1 inch
1.5 inch
2 inch
Meter Tapping Charges Without
Service Line Installation Charge
Effective Oct. 1,2006
$248.00
$282.00
$493.00
$618.00
The fees are based upon meter installation for a typical single-family residence. In all other
circumstances, the meter installation fee shall be based upon the district's actual cost for time,
equipment and materials.
Backflow Device Charees
(1) Backflow Device Charges to be paid to the District shall be as follows:
Meter
Size
% inch
1 inch
1.5 inch
2 inch
Reduced Pressure Backflow
Prevention Assembly Charge
Effective Oct. 1,2006
$214.00
$237.00
$345.00
$412.00
Meter
Size
% inch
1 inch
1.5 inch
2 inch
Double Check Valve Backflow
Prevention Assembly Charge
Effective Oct. 1, 2006
$108.00
$116.00
$294.00
$342.00
Ord 2007 Schedule 4 Meter Tapping and Backflow Device Rates.doc 5/31/2006 9:08:30 AM
Agenda Item No. 88
June 6, 2006
Page 32 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 5 - EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Page lof 1
DESCRIPTION
EFFECTIVE OCT. 1, 2006
(1) Equipment (Per Hour Rates):
Rehab & Electrician's Truck
$ 75.00
$ 50.00
$ 200.00
$ 150.00
$ 100.00
S 70.00
$ 40.00
$ 200.00
$ 50.00
$ 65.00
$ 60.00
$ 40.00
$ 10.00
$ 15.00
$ 45.00
$ 100.00
$ 15.00
$ 5.00
Crew Trucks
Vactor Truck
Camera Truck
Boom Truck
20 Yard Dump Truck
10 Yard Dump Truck
Pumper Truck
Track Hoe( Big or Small)
Back Hoe
Olympian Generators
Dewatering System
4" Trash Pump
Mud Hog
Trailer
Signs, Barricades and/or Traffic Board
Road Saw and/or Compactor
Miscellaneous Small Equipment
(2) Labor (Per Hour Rates):
Tech 1 & 2
$ 30.00
Supervisors
$ 40.00
(3) Administration (per incident):
15% or $300; Whichever is smaller.
(4) Parts and Sub-contractors
Actual Cost
Ord 2007 Schedule 5 Equipment Charges labor Charges.doc 5/31/2006 9:08:37 AM
Agenda Item No. 88
June 6, 2006
Page 33 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 6 - MISCELLANEOUS CHARGES Page 1 of 1
DESCRIPTION
EFFECTIVE OCT. I, 2006
New Accounts-Change ofOwnersbip
$ 25.00
Turn OfflTurn On at Owner's Request
$ 38.00
Meter Re-Read (if different - charge is $0)
$ 38.00
Meter Test:
Onsite Test (more than 3% error - charge is $0)
$ 80.00
Offsite Bencb Test (more than 3% error - charge is $0)
$ 215.00
Meter Lock
$ 55.00
Meter Unlock, 2nd and Subsequent Events
$ 55.00
Unlock after hours
$ 100.00
Meter Removal
$ 160.00
Illegal Connection
Actual time and material cost, plus average
consumption, plus a $300.00 fine
Convenience Fee-Credit Card
$ 5.00
Temporary Meter Deposit
$1,000.00
Duplicate Bill Processing Fee
$ 2.00
Non-Sufficient Funds (NSF) Processing Charge
15% of the amount or $100,
whichever is smaller
Late Payment Charge
5% of unpaid balance
Vehicle Over Meter Charge
$ 55.00
Removal of Landscaping to Access Meter
$ 75.00
Septage Processing Charge/l,OOO gallons
$ 31.00
Grease Trap Waste Charge/l,OOO gallons
$ 42.00
Ord 2007 Schedule 6 Miscellaneous Charges.doc 5/31/2006 9:08:46 AM
Agenda Item No. 88
June 6, 2006
Page 34 of 34
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 7 - ALLOWANCE for Funds Prudently Invested (AFPI) Page 1 of 1
AFPI Schedule Per ERC - Water System (*)
Payment Calendar Year
Month 2006 2007 2008 2009 2010 2011 2012
January $0.00 $58.69 $234.76 $410.84 $586.91 $762.98 $939.05
February 0.00 73.36 249.44 425.51 601.58 777.65 953.72
March 0.00 88.04 264.11 440.18 616.25 792.33 968.40
April 0.00 102.71 278.78 454.85 630.93 807.00 983.07
May 0.00 117.38 293.45 469.53 645.60 821.67 997.74
June 0.00 132.05 308.13 484.20 660.27 836.34 1,012.42
July 0.00 146.73 322.80 498.87 674.94 851.02 1,027.09
August 0.00 161.40 337.47 513.54 689.62 865.69 1,041.76
September 0.00 176.07 352.14 528.22 704.29 880.36 1,056.43
October 14.67 190.74 366.82 542.89 718.96 895.03 1,056.43
November 29.35 205.42 381.49 557.56 733.63 909.71 1,056.43
December 44.02 220.09 396.16 572.23 748.31 924.38 1,056.43
AFPI Schedule Per ERC - Wastewater System (*)
Payment Calendar Year
Month 2006 2007 2008 2009 2010 2011 2012
January $0.00 $38.24 $152.94 $267.65 $382.36 $497.06 $611.77
February 0.00 47.79 162.50 277.21 391.92 506.62 621.33
March 0.00 57.35 172.06 286.77 401.47 516.18 630.89
April 0.00 66.91 181.62 296.33 411.03 525.74 640.45
May 0.00 76.47 191.18 305.89 420.59 535.30 650.01
June 0.00 86.03 200.74 315.44 430.15 544.86 659.57
July 0.00 95.59 210.30 325.00 439.71 554.42 669.12
August 0.00 105.15 219.86 334.56 449.27 563.98 678.68
September 0.00 114.71 229.41 344.12 458.83 573.53 688.24
October 9.56 124.27 238.97 353.68 468.39 583.09 688.24
November 19.12 133.87 248.53 363.24 477.95 592.65 688.24
December 28.68 143.38 258.09 372.80 487.50 602.21 688.24
(*) AFPI fee is initiated on October 1,2006.
Ord 2007 Schedule 7 Allowance Funds Prudently Invested (AFPI).doc
Agenda Item No. 8e
June 6, 2006
Page 1 of 219
EXECUTIVE SUMMARY
PUDZ-2005-AR-8126: Rock Creek Holdings, LLC, represented by R. Bruce Anderson, of
Roetzel & Andress, LP A and Bruce Tyson, of WilsonMiller, Inc., requesting a rezone from
the C-4 (Commercial) and RMF-6 (Residential) zoning districts to the Residential Planned
Unit Development (RPUD) zoning district to allow development of a maximum of 120
multi-family residential dwelling units, to include a maximum of 24 or 20 percent of the
total dwelling units as workforce housing units for a project known as Meridian Village
RPUD. The subject property, consisting of 11.68 acres, is located on the northwest corner
of the intersection of Airport-Pulling Road and Estey Avenue, in Section 2, Township 50
South, Range 25 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to rezone the
subject tract from Residential Multi-Family-6 (RMF-6) and Commercial (C-4) districts to
Residential Planned Unit Development (RPUD), and to make sure that the project is in harmony
with all the applicable codes and regulations in order to ensure that the community's interests are
maintained.
CONSIDERA TIONS:
--
~
The proposed PUD, if approved, will allow development of a 120-unit, multi-family residential
project. Fifteen percent of the dwelling units developed within the project will be set aside for
families that earn less than eighty percent of the Collier County median family income. For the
purposes of this RPUD, these specific units shall be described as "affordable-workforce housing
units". Five percent of the dwelling units will be set aside for individuals or families that earn
less than one-hundred fifty percent of the Collier County median family income. For the
purposes of this RPUD, these specific units shall be described as "affordable-gap housing units."
The PUD docwnent and the Master Plan indicate the project will have one access point serving
the project from Estey Avenue and an emergency access to Steeves Avenue. The exact
alignment of the Estey A venue access point and building placement will be determined at the
Site Development Plan (SDP) approval stage. The petitioner is not seeking approval of any
deviations. The petitioner is not seeking bonus units via an affordable housing density bonus
agreement. This petition seeks to have additional units above the base allowances using ·
commercial conversion allowances of the Growth Management Plan (GMP), as discussed in the
GMP section ofthis report. The overall density of the project will be 10.27 units per acre.
Currently the site is a partially-wooded tract with a mangrove swamp area along Rock Creek
which is a state-owned navigable waterway. The site consists mainly of grassed areas with some
scattered slash pines and other trees. Existing exotic vegetation consists of ear-leaf acacia,
Brazilian pepper, downy rose myrtle and Australian pine. Several large trees were damaged or
destroyed in Hurricane Wilma, but many large trees remain. The site is kept clear of additional
exotic invasion by periodic mowing of the grassed areas. The existing development in the area
has altered the natural historic overland water drainage pattern flow from the east and south. The
project's stormwater management system will provide on-site water retention lakes with outfall
Meridian Village RPUD, PUDZ-2005-AR-8126 EXECUTIVE SUMMARY for June 6,2006
Page 1 of 7
Agenda Item No. Be
June 6, 2006
Page 2 of 219
to Rock Creek, in compliance with South Florida Water Management District and Collier County
design criteria.
Two lakes are shown on the Master Plan with residential areas shown bordering the lakes. The
general internal access is depicted on the Master Plan separating the residential units from
Airport Road (for the most part) and the preserve areas. A 0.21-acre wetland area is shown
along Rock Creek, and a 1.98-acre upland preserve area is shown bordering Rock Creek and
extending along the west boundary line. The areas designated as preserve will not be impacted
as part of this development proposal.
FISCAL IMP ACT:
,....-
The PUD rezone, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD rezone is approved, a portion of the existing land will be developed and the
new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT PLAN IMP ACT (GMP):
Future Land Use Element (FLUE):
The subject property is designated Urban (Urban Mixed-Use District, Urban Residential
Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The
subject site is also within the Traffic Congestion Area, part of the Density Rating System, and
the site is entirely within the Coastal High Hazard Area (CHHA) - that area lying within the
Category I evacuation zone as defined in the Southwest Florida Regional Planning Council
Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed-Use District
permits a variety of residential and non-residential land uses including mixed-use developments
such as Planned Unit Developments.
,-
Meridian Village RPUD, PUDZ-2005-AR-8126 EXECUTIVE SUMMARY for June 6,2006
Page 2 of 7
Agenda Item No. Be
June 6, 2006
Page 3 of 219
The Density Rating System provides for an eligible base density of 4 dwelling units/acre (DU/ A)
throughout the Urban Mixed-Use District (except for the Urban Residential Fringe capped at 1.5
DU/A), whether in or out of the CHHA. But, because the site is located within the Traffic
Congestion Boundary, it is subject to a I DU/ A reduction, thereby making the site eligible for an
adjusted base density of3 DU/A.
However, the subject site is eligible for a higher density through the FLUE Conversion of
Commercial density bonus provision and Policy 5.1. The C-4 zoned portion (4.98 acres) of the
subject project is eligible for the Conversion of Commercial Zoning density bonus which states:
if the project includes conversion of commercial zoning that is not consistent with
any Subdistrict allowing commercial uses, a bonus of up to 16 dwelling units may
be added for evelY 1 acre of commercial zoning which is converted.
This provision also allows for the dwelling units to be distributed over the entire project
(including the subject RMF-6 acreage). As with all residential rezones, density afforded by the
Density Rating System is the density that a given project is eligible for, not entitlement to; for the
subject petition, the density range from 0-16 DU/A may be found consistent with the FLUE. As
the site is presently zoned commercial (C-4), it has no assigned density or entitled density; the C-
4 district allows a wide variety of retail, office, personal service and institutional uses but does
not allow residential uses (dwelling units).
.-
The RMF-6 zoned portion (6.70 acres) of the subject project is eligible for 6 DU/A pursuant to
FLUE Policy 5.1, which states that properties zoned prior to the adoption of the Plan [in 1989]
and found to be consistent through the Zoning Re-evaluation Program, are consistent with the
Growth Management Plan and designated on the Future Land Use Map series as properties
Consistent by Policy. This is true of the subject acreage - its density was not and is not
consistent with the Density Rating System; however, through the Zoning Re-evaluation Program
it was determined to be "improved property". FLUE Policy 5.1 goes on to provide that these
properties may be rezoned provided there is no increase in the number of dwelling units or
overall use intensity. The requested density for the subject acreage of approximately 40 multi-
family dwelling units is consistent with the type of use/intensity and density permitted by the
RMF-6 zoning district.
Density calculations for the proposed project:
Conversion of Commercial Density Bonus (C-4) 16 DU/A X 4.98 acres = 79.68 DUs
RMF-6 zoning 6 DU/A X 6.70 acres = 40.20 DUs
Total Allowable Number of Units = (119.88 or 120 DUs)
Total Overall Project Density (120 units X 11.68 acres) = 10.27 DU/A
The Evaluation and Appraisal Report (EAR) recommends limiting the density to a maximum of
4 DU/ A in the CHHA and replacing the Traffic Congestion Boundary (TCB) reduction with a
CHHA reduction of 1 DU/ A. The result would be any conversion of commercial bonus would
be limited to 1 DU/A (4 DU/A base density - 1 DU/A CHHA reduction + 1 DU/A Conversion of
Commercial bonus = 4 DU/A maximum density). The EAR-based amendments to the
_ Comprehensive Plan have not been transmitted or adopted by the BCC at this time; this IS
expected to occur in mid and late 2006.
Meridian Village RPUD, PUDZ-2005-AR-8126 EXECUTIVE SUMMARY for June 6,2006
Page 3 of 7
Agenda Item No. 8e
June 6, 2006
Page 4 of 219
The CCME's intent to limit residential density in the CHHA to reduce potential negative impacts
to people and property seems incongruous with the FLUE allowing density bonuses in the
CHHA. In the past, in balancing the need for additional affordable housing with the desire to
limit residential density in the Urban Coastal Fringe Subdistrict (which is in the CHHA), the
County gave greater weight to the affordable housing need, thus allowed density bonuses for
affordable housing in the Urban Coastal Fringe Subdistrict (and in all of the CHHA).
Presumably, the same balance was weighed for removing strip and isolated commercial zoning.
As to commercial zoning in the CHHA, its development (as commercial) primarily results in
more property subject to negative impacts of major storm events, whereas converting that
commercial zoning to residential development results in increased property and persons subject
to negative impacts of major storm events.
Transportation Element:
/-
Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS)
included in the application back-up material and the PUD document to ensure the PUD
document contains the appropriate language to address this project's potential traffic impacts,
and to offer a recommendation regarding GMP Transportation Element, Policy 5.1. Those
policies require the review of all rezone requests with consideration of its impact on the overall
transportation system, and specifically notes that the County should not approve any request that
significantly impacts a roadway segment already operating and/or projected to operate at an
unacceptable Level of Service (LOS) within the five-year planning period unless specific
mitigating stipulations are approved. The project was reviewed based on the current TIS
guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan
transportation element. The project traffic was distributed on the adjacent roadway network and
analyzed through project build-out with consideration given to the five-year planning period. The
project generates 18 southbound and 16 northbound PM peak trips. The trips generated from the
project will not exceed 3 percent of the service volume on the adjacent link and the study shows
adequate capacity for the project and background traffic, therefore the project is consistent with
Policy 5.1 of the transportation element of the Growth Management Plan. The applicant has
committed to providing an additional eastbound left turn lane on Estey A venue to mitigate for
traffic on the local road and prevent any potential delay and back up. Therefore, this petition is
consistent with policy 5.1 and Transportation Planning staff recommends approval.
Conservation and Coastal Management Element:
Pursuant to Objective 2.4 and Policies 2.4.1 & 6.5.1, an Environmental Impact Statement was
provided to staff for review. In accordance with Policy 6.1.1, 25 percent of the existing native
vegetation shall be retained on-site and it has been set aside as preserve areas. The requirement
for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied.
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. In
accordance with Policy 6.2.6, required preservation areas are identified on the PUD Master Plan.
-
At the May 18, 2006 Collier County Planning Commission hearing, the petitioner's agent noted
that this petitioner wants to be able to take advantage of pending a Evaluation and Appraisal
Meridian Village RPUD, PUDZ-2005-AR-8126 EXECUTIVE SUMMARY for June 6,2006
Page 4 of 7
Agenda Item No. 8e
June 6, 2006
Page 5 of 219
(EAR) change that would allow for off-site mitigation. Staff notes that the PUD document and
the Master Plan reviewed by staff, the CCPC and the public included specific language and
numbers to which the petitioner has committed. Any reduction may require a PUD amendment.
At this point staff cannot agree to allow some non-specific changes to occur in the future based
upon an as yet unadopted regulation change because the scope of such changes is unknown.
Housing Element:
Operations Support and Housing Department staff has reviewed the PUD document to ensure the
document contains the appropriate language to address this project's proposal to provide
affordable housing, and finds the proposed development to be consistent with Section 2.06.00 of
the Land Development Code (LDC) and the Housing Element of the GMP.
Approval of the PUD rezone to provide affordable housing units would be consistent with the
intent of GMP Housing Element Objective 1, which states:
The number of new affordable housing units shall increase by 500 units each year in
an effort to continue to meet the housing needs of all current and future very-low, low
and moderate income residents of the County, . . . .
,""'-'
And Housing Element County Policy 2.10, which states:
Through the adoption of local incentives, . .. public and private sponsors will be
encouraged to provide adequate housingfor rural residents andfarmworker families.
The incentive the applicant is using, the commercial conversion factor, can be used until such
time as the pending GMP amendment is adopted to remove that allowance from the GMP. As
such, the petition is consistent with the Housing Element of the GMP.
GMP Conclusion:
The Growth Management Plan is the prevailing document to support land use decisions such as
this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding
of consistency or inconsistency with the overall GMP as part of the recommendation for
approval, approval with conditions, or denial of any rezoning petition. A finding of consistency
with the FLUE and FLUM designations is a portion of the overall finding that is required, and
staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in
the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element
Policy 5.1, the Conservation and Coastal Management Element and the Housing Element as
previously discussed. Based upon the above analysis, staff concludes the proposed uses and
density may be deemed consistent with the goals, objective and policies of the overall GMP.
ENVIRONMENT AL ADVISORY COUNCIL (EAC):
This petition did not require a hearing before the Environmental Advisory Council (EAC)
because no wetland areas will be impacted by the proposed development.
",.,."....
Meridian Village RPUD, PUDZ-2005-AR-8126 EXECUTIVE SUMMARY for June 6,2006
Page 5 of 7
Agenda Item No. 8e
June 6, 2006
Page 6 of 219
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) originally heard this petition on May 4, 2006
but continued the petition to the May 18,2006 CCPC hearing to allow the City of Naples Airport
Authority (NAA) time to review the petition. Staff and the applicant provided information to
the City of Naples Airport Authority staff for their review.
Two letters have been submitted to staff from the Authority setting forth their position, one dated
May 17, 2006 and the other dated May 18, 2006; those letters have been included in the back up
information. Mr. Erv Dehn, the City of Naples Airport Authority Director of Engineering &
Planning, testified at the May 18, 2006 cepc clarifying the Authority's position regarding the
May 17,2006 letter. Staff's understanding ofthe comments from that meeting are shown below,
with language that was removed shown as strike through and language that was added shown as
double underline..
The following terms and conditions must be met in their entirety before the City of
Naples Airport Authority can support the abm:e referenced action The netitioner must
address the followinf! issues nrior to develonment on this site:
1. The Petitioner must record an Avigation Easement over the entire tract infavor of
NAA.
,-~
2. The Petitioner must nrovide Disclosure to all prospective buyers and all future
buyers that all units offered for sale within this development are proximate to an
active ailport facility and should expect all the disturbances associated therewith.
The Petitioner must nrovide a sif!ned Copy to be signed at closing and seril to NAA.
3. Pro':ide c01~structive notice withil1 tl'1e condominium documents and Home Owners
Association Bylav:s. . (NAA noted this is addressed in item #2)
4. Permanent and irre)'ersi!Jle deed 110tificetion. (NAA noted this is addressed in item
#1)
5. Lowest density of development permitted by code and consistent with the
residentially zoned properties in the proposal. (NAA revised this comment to ask that
the CCPC recommend approval of this petition the same density as the surrounding
property)
6. "Vatural "presel",'e" arcs in HE corner to be maintained in pelpetuity by the HOA.
. (NAA revised this comment to acknowledge this is required by code and thus
redundant and can be removed)
7. Additional sound attenuation provided by the builder/developer for each unit in the
dC':el-opment as spelled owt il1 Ordinance 2000 13, 2.2.23.4.5 SLR Design
Requirements. (NAA revised this comment to acknowledge this is required by code
and thus redundant and can be removed)
--
Meridian Village RPUD, PUDZ-2005-AR-8126 EXECUTIVE SUMMARY for June 6,2006
Page 6 of 7
Agenda Item No. 8e
June 6, 2006
Page 7 of 219
The May 18, 2006 letter from NAA does not appear to exactly mirror what staff interpreted their
position to be at the hearing.
Five persons spoke at the May 4, 2006 CCPC hearing. One person represented the City of
Naples Airport Authority and did not take a stand on the petition either in support of or in
opposition to the petition; he wanted time to review the petition in more detail and stated that he
would provide his input at the May 18, 2006 CCPC hearing. One person spoke in support of the
petition and the other persons spoke in opposition to the petition. No additional persons spoke at
the May 18, 2006 CCPC hearing other than the representative from NAA.
The CCPC recommended in a 5 to 3 vote that this petition be forwarded to the Board of County
Commissioners with a recommendation of Approval. This petition cannot be placed on the
Summary Agenda because testimony in opposition to the petition has been placed on the record.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the
LDC. These evaluations were completed as separate documents that were incorporated into the
supplemental staff report. A summary of the legal considerations and findings recommended by
staff are noted below:
. The proposed change has been deemed consistent with the goals, objectives, and policies and
Future Land Use Map and the applicable elements of the OMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change should not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private, shall be provided.
RECOMMENDA TION:
Staff recommends approval of the rezone requested in Petition PUDZ-2005-AR-8126 subject to
compliance with the proposed PUD document, and as otherwise described by the Ordinance of
Adoption and Exhibits thereto.
PREP ARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
.-
Meridian Village RPUD, PUDZ-2005-AR-8126 EXECUTIVE SUMMARY for June 6,2006
Page 7 of 7
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8C
June 6, 2006
Page 8 of 219
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8C
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-8126: Rock Creek Holdings, LLC, represented by R.
Bruce Anderson, of Roetzel & Andress, LPA and Bruce Tyson, of Wilson Miller, Inc.,
requesting a rezone from the C-4 (Commercial) and RMF-6 (Residential) zoning districts to
the Residential Planned Unit Development (RPUD) zoning district to allow development of a
maximum of 120 multi-family residential dwelling units, to include a maximum of 24 or 20
percent of the total dwelling units as workforce housing units for a project known as Meridian
Village RPUD. The subject property, consisting of 11.68 acres, is located on the northwest
corner of the intersection of Airport-Pulling Road and Estey Avenue. in Section 2. Township
50 South. Range 25 East, Collier County, Florida.
6/6/2006 9:00:00 AM
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Principal Planner
Date
Approved By
Zoning & Land Development Review
5/19/20062:58:40 PM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
5/22/200612:40 PM
Approved By
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/22/20062:27 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Approved By
Transportation Services Admin.
5/23/200610:22 AM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/23/20062:56 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/24/2006 3:25 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/25/2006 9:23 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/26/20068:41 AM
Agenda Item No. 8C
June 6. 2006
Page 9 of 219
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/200612:34 PM
Agenda Item No. 8C
June 6, 2006
Page 10 of 219
Co~T County
- ~~ -
STAFF REPORT
FROM:
COLLIER COUNTY PLANNING COMMISSION
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE:
MAY 4, 2006
SUBJECT:
PUDZ-2005-AR-8126; MERIDIAN VILLAGE RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD)
PROPERTY OWNER/AGENT:
OWNER/APPLICANT:
Rock Creek Holdings, LLC
200 American Way
Glasgow, KY 42142
AGENTS:
Bruce Anderson
Roetzel & Andress
850 Park Shore Drive
Trianon Centre, 3rd floor
Naples, FL 34103
Bruce Tyson
Wilson Miller
3200 Bailey Lane
Naples, FL 34105
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPe) consider a rezone of the
subject site from the C-4 (Commercial) and RMF-6 (Residential) zoning districts to the Residential
Planned Unit Development (RPUD) zoning district to allow development of a maximum of 120 multi-
family residential dwelling units, to include a maximum 20 percent of the total dwelling units as
workforce housing units for a project known as Meridian Village.
GEOGRAPHIC LOCATION:
The subject property, consisting of 11.68:1: acres, is located at the northwest corner of the intersection of
Airport-Pulling Road and Estey Avenue, in Section 2, Township 50 South, Range 25 East, Collier
County, Florida. (See location map on the following page)
PURPOSEIDESCRIPTION OF PROJECT:
The proposed PUD, if approved, will allow development of a 120-unit, multi-family residential project
on land that is bordered by Rock Creek to the north. The PUD document and the Master Plan indicate
the project will have one access point serving the project from Estey Avenue and an emergency access
to Steeves Avenue. The exact alignment of the Estey A venue access point and building placement will
be determined at the Site Development Plan (SDP) approval stage. The petitioner is not seeking
approval of any deviations. The petitioner is not seeking bonus units via an affordable housing density
bonus agreement. This petition seeks to have additional units above the base allowances using
Meridian Village PUD, PUDZ-2005-AR-8126 Staff Report May 4,2006 CCPC Page 1 of 8
Agenda Item No. 8e
June 6, 2006
Page 11 of 219
commercial conversion allowances of the Growth Management Plan (GMP), as discussed in the GMP
section of this report. The overall density of the project will be 10.27 units per acre.
Currently the site is a partially-wooded tract with a mangrove swamp area along Rock Creek which is a
state-owned navigable waterway. The site consists mainly of grassed areas with some scattered slash
pines and other trees. Existing exotic vegetation consists of ear-leaf acacia, Brazilian pepper, downy
rose myrtle and Australian pine. Several large trees were damaged or destroyed in Hurricane Wilma,
but many large trees remain. The site is kept clear of additional exotic invasion by periodic mowing of
the grassed areas. The existing development in the area has altered the natural historic overland water
drainage pattern flow from the east and south. The project's stormwater management system will
provide on site water retention lakes with outfall to Rock Creek, in compliance with South Florida
Water Management District and Collier County design criteria.
Two lakes are shown on the Master Plan along residential areas that would border the lakes. The
general internal access is depicted on the Master Plan separating the residential units from Airport Road
(for the most part) and the preserve areas. A 0.21-acre wetland area is shown along Rock Creek, and a
1.98-acre upland preserve area is shown bordering Rock Creek and extending along the west boundary
line. The areas designated as preserve will not be impacted as part of this development proposal.
SURROUNDING LAND USE AND ZONING:
North: Rock Creek, then Rock Creek RV Resort, a developed RV park with a zoning designation of
TTRVC
East: Airport-Pulling Road, then various developed retail and convenience commercial uses within
a zoning designation of C-4
South: Estey Avenue and a combination of single- and multi-family homes along Steeves Avenue,
most of which are o\vner-occupied within the Rock Creek Terrace Subdivision, with a zoning
designation of RMF-6
West: Naples Grove Truck Company's Little Farms No.2 Subdivision, developed with multi-family
uses (Oak Forest Villas) with access from Oak Forest Drive, with a zoning designation of
RMF -6
Meridian Village PUD, PUDZ-2005-AR-8126 Staff Report
May 4, 2006 CCPC
Page 2 of 8
Agenda Item No. 8e
June 6, 2006
Page 120f219
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE):
The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on
the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The subject site is also
within the Traffic Congestion Area, part of the Density Rating System, and the site is entirely within
the Coastal High Hazard Area (CHHA) - that area lying within the Category 1 evacuation zone as
defined in the Southwest Florida Regional Planning Council Hurricane Evacuation Study Update.
Relevant to this petition, the Urban Mixed-Use District permits a variety of residential and non-
residential land uses including mixed-use developments such as Planned Unit Developments.
The Density Rating System provides for an eligible base density of 4 dwelling units/acre (DU/ A)
throughout the Urban Mixed-Use District (except for the Urban Residential Fringe capped at 1.5
DU/A), whether in or out of the CHHA. But, because the site is located within the Traffic Congestion
Boundary, it is subject to a 1 DU/A reduction, thereby making the site eligible for an adjusted base
density of3 DU/A.
However, the subject site is eligible for a higher density through the FLUE Conversion of Commercial
density bonus provision and Policy 5.1. The C-4 zoned portion (4.98 acres) of the subject project is
eligible for the Conversion of Commercial Zoning density bonus which states:
if the project includes conversion of commercial zoning which is not within a Mixed-Use
Activity Center or Interchange Activity Center and is not consistent with the Neighborhood
Village Center Subdistrict, a bonus of up to 16 dwelling units may be addedfor every acre of
commercial zoning which is converted.
This provision also allows for the dwelling units to be distributed over the entire project (including the
subject RMF-6 acreage). As with all residential rezones, density afforded by the Density Rating
System is the density that a given project is eligible for, not entitlement to; for the subject petition, the
density range from 0-16 DU/ A may be found consistent with the FLUE. As the site is presently zoned
commercial (C-4), it has no assigned density or entitled density; the C-4 district allows a wide variety
of retail, office, personal service and institutional uses but does not allow residential uses (dwelling
units).
The RMF-6 zoned portion (6.70 acres) of the subject project is eligible for 6 DU/A pursuant to FLUE
Policy 5.1, which states that properties zoned prior to the adoption of the Plan [in 1989] and found to be
consistent through the Zoning Re-evaluation Program, are consistent with the Growth Management
Plan and designated on the Future Land Use Map series as properties Consistent by Policy. This is true
of the subject acreage - its density was not and is not consistent with the Density Rating System;
however, through the Zoning Re-evaluation Program it was determined to be "improved property".
FLUE Policy 5.1 goes on to provide that these properties may be rezoned provided there is no increase
in the number of dwelling units or overall use intensity. The requested density for the subject acreage
of approximately 40 multi-family dwelling units is consistent with the type of use/intensity and density
permitted by the RMF -6 zoning district.
Meridian Village PUD, PUDZ-2005-AR-8126 Staff Report
May 4, 2006 CCPC
Page 3 of 8
Agenda Item No. 8e
June 6, 2006
Page 13 of 219
Density calculations for the proposed project:
Conversion of Commercial Density Bonus (C-4)
RMF-6 zoning
Total Density Requested
16 DU/A X 4.98 acres = 79.68 DUs
6 DU/A X 6.70 acres = 40.20 DUs
10.27 DU/A (11.68 acres) (119.88 or 120 DUs)
The Evaluation and Appraisal Report (EAR) recommends limiting the density to a maximum of 4
DU/A in the CHHA and replacing the Traffic Congestion Boundary (TCB) reduction with a CHHA
reduction of 1 DU/A. The result would be any conversion of commercial bonus would be limited to I
DUI A (4 DUI A base density - 1 DUI A CHHA reduction + 1 DUI A Conversion of Commercial bonus =
4 DU/A maximum density). The EAR-based amendments to the Comprehensive Plan have not been
transmitted or adopted by the BCC at this time; this is expected to occur in mid and late 2006.
The CCME's intent to limit residential density in the CHHA to reduce potential negative impacts to
people and property seems incongruous with the FLUE allowing density bonuses in the CHHA. In the
past, in balancing the need for additional affordable housing with the desire to limit residential density
in the Urban Coastal Fringe Subdistrict (which is in the CHHA), the County gave greater weight to the
affordable housing need, thus allowed density bonuses for affordable housing in the Urban Coastal
Fringe Subdistrict (and in all of the CHHA). Presumably, the same balance was weighed for removing
strip and isolated commercial zoning. As to commercial zoning in the CHHA, its development (as
commercial) primarily results in more property subject to negative impacts of major storm events,
whereas converting that commercial zoning to residential development results in increased property
and persons subject to negative impacts of major storm events.
Transportation Element:
Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) included in
the application back-up material and the PUD document to ensure the PUD document contains the
appropriate language to address this project's potential traffic impacts, and to offer a recommendation
regarding GMP Transportation Element, Policy 5.1. Those policies require the review of all rezone
requests with consideration of its impact on the overall transportation system, and specifically notes
that the County should not approve any request that significantly impacts a roadway segment already
operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year
planning period unless specific mitigating stipulations are approved. The project was reviewed based
on the current TIS guidelines and with respect to Policy 5.1 of the Collier County Gro\\1:h Management
Plan transportation element. The project traffic was distributed on the adjacent roadway network and
analyzed through project build out with consideration given to the five-year planning period. The
project generates 18 southbound and 16 northbound PM peak trips. The trips generated from the project
will not exceed 3 percent of the service volume on the adjacent link and the study shows adequate
capacity for the project and background traffic, therefore the project is consistent with Policy 5.1 of the
transportation element of the Gro\\th Management Plan. The applicant has committed to providing an
additional eastbound left turn lane on Estey A venue to mitigate for traffic on the local road and prevent
any potential delay and back up. Therefore, this petition is consistent with policy 5.1 and
Transportation Planning staff recommends approval.
Conservation and Coastal Management Element:
Pursuant to Objective 2.4 and Policies 2.4.1 & 6.5.1, an Environmental Impact Statement was provided
Meridian Village PUD, PUDZ-2005-AR-8126 Staff Report
May 4, 2006 eepe
Page 4 of 8
Agenda Item No. 8e
June 6, 2006
Page 14 of 219
to staff for review. In accordance with Policy 6.1.1, 25 percent of the existing native vegetation shall
be retained on-site and it has been set aside as preserve areas. The requirement for an Environmental
Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been
identified as required in Policies 6.2.1 and 6.2.2. In accordance with Policy 6.2.6, required preservation
areas are identified on the PUD Master Plan.
Housing Element:
Financial Administration and Housing Department staff has reviewed the PUD document to ensure the
document contains the appropriate language to address this project's proposal to provide affordable
housing, and finds the proposed development to be consistent with Section 2.06.00 of the Land
Development Code (LDC) and the Housing Element of the GMP.
Approval of the PUD rezone to provide affordable housing units would be consistent with the intent of
GMP Housing Element Objective I, which states:
The number of new affordable housing units shall increase by 500 units each year in an
effort to continue to meet the housing needs of all current and future vely-Iow, low and
moderate income residents of the County, . . . .
And Housing Element County Policy 2.10, which states:
Through the adoption of local incentives, . ., public and private sponsors will be
encouraged to provide adequate housingfor rural residents andfarmworker families.
The incentive the applicant is using, the commercial conversion factor, can be used until such time as
the pending GMP amendment is adopted to remove that allowance from the GMP. As such, the
petition is consistent with the Housing Element of the GMP.
GMP Conclusion:
The Growth Management Plan is the prevailing document to support land use decisions such as this
proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE
and FLUM designations is a portion of the overall finding that is required, and staff believes the
petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion.
The proposed rezone is also consistent with GMP Transportation Element Policy 5.1, the Conservation
and Coastal Management Element and the Housing Element as previously discussed. Based upon the
above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals,
objective and policies of the overall GMP.
ANAL YSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a
favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and
10.02.13.8.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a
factual basis to support the recommendations of staff. The Collier County Planning Commission
(CCPC) uses these same criteria as the basis for their recommendation to the Board of County
Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request.
These evaluations are completed as separate documents and are attached to the staff report (See Exhibit
Meridian Village PUD, PUDZ-2005-AR-8126 Staff Report May 4, 2006 CCPC Page 5 of 8
Agenda Item No. Be
June 6, 2006
Page 150f 219
"A" and Exhibit "B").
Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns. This petition did not require a hearing before the
Environmental Advisory Commission.
Transportation Review: Transportation Department staff has reviewed the petition and the PUD
document and Master Plan for right-of-way and access issues. The applicant has incorporated
Transportation staffs revisions within the PUD document, and Transportation Planning staff
recommends approval subject to the Transportation commitments contained in the PUD document.
Utility Review: The Utilities Department staff has reviewed the petition, noting that this PUD is
located within the Collier County Sewer District, and is subject to application for and conditions
associated with a Sewer Availability Letter from the Collier County Utilities Division. Potable Water is
served by the City of Naples.
Zoning Review: As illustrated in the aerial photograph located on page 2 of the staff report, the
surrounding zoning discussion of this staff report, and the Master Plan, the site will be separated from
other development by Airport-Pulling Road to the east and partially by Estey A venue to the south.
West of the site is residential multi-family zoning that would allow comparable residential uses, i.e.,
multi-family development. The area to the west is developed with a mixture of single and multi-family
uses. To the north is Rock Creek, then a developed RV park, zoned TTRVC. Zoning staff provided a
compatibility analysis for the proposal in this PUD pursuant to GMP Policy 5.4 as part of the GMP
reVIew.
The development standards contained in Section III of the PUD document reflect a design approach
that will provide multi-family housing opportunities. The PUD indicates a minimum front-yard setback
of 20 feet and side setbacks of 0.5 feet will be provided for all principal structures. The minimum rear
setback is proposed to be five feet for townhouses and 10 feet for any other multi- family dwellings.
The developer has agreed to include a park area for children between the ages of 2 and 12 pursuant to
the request from Collier County Parks and Recreation Department staff This facility must be provided
prior to the issuance of any certificates of occupancy.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Zoning and Land
Development Review staff reviews for compliance with this requirement as part of the review of the
petition in its entirety. The typical compatibility analysis would include a review of both the subject
proposal and surrounding or nearby properties as to allowed use intensities and densities, development
standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and
orientation, architectural features, amount and type of open space and location, traffic
generation/attraction, etc.
In reviewing the compatibility of this site, staff also noted that a good portion of the site currently is
zoned to allow intense commercial uses. Given the site's location along a major roadway, that is not an
uncommon occurrence. However, the remainder of the site is a one-lot-wide strip of zoned RMF-6
which is the same zoning as the properties to the west. That strip of undeveloped RMF-6 zoned lots
would provide little transition from the intense commercial uses. The petitioner's proposed multi-
family project, although more dense than the existing developed RMF-6 lots along Steeves Avenue,
would provide a more compatible use separator from commercial uses along Airport-Pulling Road and
Meridian Village PUD, PUDZ-2005-AR-8126 Staff Report
May 4, 2006 CCPC
Page 6 of 8
Agenda Item No. 8e
June 6, 2006
Page 16 of 219
remove the possibility of commercial development along the entire west side of Airport-Pulling Road
north of Estey Avenue. This should help ensure the viability ofthe residential character of that area.
The adjacent tracts are developed with single-story structures, and the RMF-6 zoning district limits
building heights to a maximum of 35 feet. Meridian Village proposes three-story, for a maximum of
45-foot high structures. The applicant's Master Plan, while only conceptual in nature and subject to
change as the project goes through the site plan approval process, does show a preserve area along the
western boundary where there are existing single-story residential structures. To further separate the
surrounding uses, the proposed internal roadway is shown located between the adjacent uses and the
project's residential areas. The property development regulations in the PUD document indicate that
there will be a minimum 50-foot-wide setback from the west boundary and south boundary, east and
west of Steeves Avenue. That will be a requirement for the development if the PUD document is
approved as proposed. The preserve areas most likely will not radically change because the locations
are based upon staff review of the EIS. Additionally, most multi-family residential projects are
developed with units surrounding the water management lakes because the lakes are viewed as a "water
amenity" which is usually a more desirable product to sell and purchase, thus the general site
configuration most likely will not dramatically change. Therefore, staff believes the proposed use is
compatible with the neighborhood and thus consistent with GMP Policy 5.4.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent for the applicant held the required NIM on January 3, 2006 at 5:30 p.m. at the East Naples
Middle School media center. Approximately 32 people attended, including the applicant's team and
county staff. Mr. Bruce Tyson of WilsonMiller, Inc. presented an overview of the proposed
development's conceptual master plan and answered questions from the audience. Of those who spoke,
most had concerns relative to buffering and project height. Some property owners, who identified
themselves as living in the Oak Forest neighborhood, objected to any interconnection with Steeves
Avenue. Other issues of concern related to traffic impacts on Estey Avenue, which will be the project's
access point, and noise and flooding onto neighboring property owners of Rock Creek R V Park. To
these concerns Mr. Tyson responded: (1) an easterly double left-hand turn lane onto Airport-Pulling
Road is projected to be a part of the intersection improvement; (2) 1.7 acres of native vegetation will be
preserved; (3) maximum building height will be 45 feet with plans for water management lake(s) in the
middle portion of the property, driveways around outer perimeter; (4) increased buffers closer to
buildings with a minimum buffer width of 15 feet; (5) 120 "for sale" units to include 24 "affordable
housing" units, rentals allowed; (6) Owner/developer, Rock Creek Holdings does not propose boat
dockage with this plan. Mr. Tyson commented that he would provide further information to those who
request it as the petition and project progresses. (Synopsis provided by Linda Bedtelyon, Community
Planning Coordinator)
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County Planning
Commission forward Petition PUDZ-2005-AR-8126 to the Board of County Commissioners with a
recommendation of approval of the rezoning request from the C-4 (Commercial) and RMF-6
(Residential) zoning districts to the Residential Planned Unit Development (RPUD) zoning district
subject to staff stipulations that have already been incorporated into the RPUD document.
Meridian Village PUD, PUDZ-2005-AR-8126 Staff Report
May 4,2006 CCPC
Page 7 of 8
Agenda Item No. 8C
June 6, 2006
Page 17 of 219
PREPARED BY:
KA Y DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR DA TE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the June 6, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Exhibits: A. Rezone Findings
B. PUD Findings
Meridian Village PUD, PUDZ-2005-AR-8126 Staff Report
May 4, 2006 CCPC
Page 8 of 8
REZONE FINDINGS
PUDl.-2005-AR-8126
Agenda Item No. 8e
June 6, 2006
Page 18 of 219
Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall show that
the Planning Commission has studied and considered the proposed change in relation to the following,
where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, & policies of
the Future Land Use Map and the elements of the Growth Management Plan.
The Comprehensive Planning Department has indicated that the proposed PUD rezone is
consistent with the Urban (Urban Mixed-Use District, Urban Residential Subdistrict)
designation shown on the Future Land Use Map (FLUM) and described in the Future Land Use
Element (FLUE) land use designation of the Growth Management Plan (GMP) and
Transportation Planning staff provided an analysis of the applicable objectives, goals and
policies of the Transportation Element, and finds that the project is consistent with
Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP
objectives and policies, and recommends that the petition be deemed consistent with the overall
GMP.
2. The existing land use pattern;
This project will be consistent with the existing and proposed land use patterns as explained in
the staff report.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The subject parcel is of sufficient size that it will not result in an isolated district umelated to
adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The PUD district boundaries are logically drawn, following the Rock Creek waterline and the
Estey Avenue and Airport-Pulling Road frontages. One small area of the site does jut into the
existing lots along Steeves Avenue, any development that may occur on that tract will be
residential; thus, it would be compatible with the surrounding residential uses.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
The growth and development trends and changing market conditions make the proposed
rezoning desirable for the applicant. Converting the existing commercial development to allow
residential uses may be more desirable for the residents living in the RMF-6 zoned home sites
along Steeves Avenue because the residential uses should be more compatible. The rezoning is
not necessary, per se, but it does seem appropriate, as limited in the PUD document and the
PUD Master Plan based on its compatibility with adjacent land uses.
EXHIBIT A
Page 1 of 3
Agenda Item No. Be
June 6,2006
Page 19 of 219
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
The development standards and landscaping requirements contained in the PUD document are
intended to mitigate any adverse impact to the living conditions in this neighborhood if the
proposed rezoning is approved.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety.
The Transportation Services Division has reviewed the proposed PUD and has recommended
approval of the petition based upon transportation-related GMP policies. The PUD document
contains limitations that should adequately address traffic congestion concerns.
8. Whether the proposed change will create a drainage problem;
A permit obtained from the South Florida Water Management District will be required for the
project. Drainage problems should not be created when construction is done in accordance
with the permit.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
All projects in Collier County are subject to the development standards that apply generally and
equally to all zoning districts (i.e. open space requirement, corridor management provisions,
etc.) that were designed to ensure that light penetration and circulation of air do not adversely
affect adjacent areas. This project will be subject to those same standards.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Property valuation is affected by a host of factors including zoning; however, zoning by itself
mayor may not affect values since value determination by law is driven by market value. The
mere fact that a property is given a new zoning designation mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will not be
affected if this rezone is approved.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed rezone to PUD complies with the land use designation of Urban (Urban Mixed-
Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the
Growth Management Plan (GMP) which is a public policy statement supporting zoning actions
EXHIBIT A
Rezone Findings
PUDZ-2005-AR-8126
Page 2 of 3
Agenda Item No. 8C
June 6. 2006
Page 20 of 219
when they are consistent with the entire GMP. Staff is recommending that the petition be
deemed consistent with the overall GMP with stipulations. In light of this fact, approval of the
proposed PUD would not constitute a grant of special privilege.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
The property could be developed in compliance with the existing zoning if so desired by the
property owner.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
The proposed PUD rezone IS designed In a manner that is compatible with surrounding
property in size and scale.
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC;
and staff does not review other sites in conjunction with a specific petition. However, suffice
to say, there are most likely areas of the County with conventional or PUD zoning that would
allow development of the housing types proposed by the petitioner. The determinants of zoning
are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and
general compliance with the Land Development Code.
16. The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the
proposed, zoning classification.
While site conditions may restrict the location and square-footage of the buildings, they would
not render the property unusable.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this
petition and, the Transportation Planning staff found it consistent with the Transportation
Element of the GMP.
EXHIBIT A
Rezone Findings
PUDZ-2005-AR-8126
Page 3 of 3
FINDINGS FOR PUD
PUDZ-2005-AR-8126
Agenda Item No. 8e
June 6, 2006
Page 21 of 21 9
Section 1O.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plan's compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
The nearby area north of Estey Avenue, west of Airport-Pulling Road and south of the
Naples Airport has developed with residential uses. The petitioner has agreed to connect to
water and sewer service, and the drainage will be provided in compliance with all applicable
codes.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense.
Documents submitted with the application provide evidence of unified control. The PUD
document makes appropriate provisions for continuing operation and maintenance of
common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
The subject petition has been found consistent with the goals, objectives and policies of the
GMP as provided for in the adopting ordinance. Please see the staff report for a more
detailed discussion.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
Staff analysis as contained in the staff report indicates that this petition is compatible, both
internally and externally, with the proposed uses and with the existing surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside by this project is consistent with the provisions of the
Land Development Code.
EXHIBIT "B"
Meridian Village RPUD
May 4, 2006 eepe
Page 1 of 2
Agenda Item No. 8e
June 6, 2006
Page 22 of 219
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Timing or sequence of development in light of concurrency requirements does not appear
to be a significant problem as part of the pun amendment process, but the project's
development must be in compliance with applicable concurrency management
regulations when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater
disposal system, potable water supplies, characteristics of the property relative to hazards,
and capacity of roads. Infrastructure should be in place in the vicinity and its adequacy
will be addressed when development approvals are sought.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
This criterion essentially requires an evaluation of the extent to which development
standards and deviations proposed for this pun depart from development standards that
would be required for the most similar conventional zoning district. The development
standards in this pun are similar to those standards. The petitioner is not seeking any
deviations as part of the rezoning approval.
FINDINGS FOR PUD
PUDZ-2005-AR-8126
EXHIBIT "B"
Meridian Village RPUD
May 4, 2006 CCPC
Page 2 of2
LOCA TION
MAP
PETITION #pUDZ- 2005- AR- 8128
Agenda Item No, Be
June 6, 2006
Page 23 of 219
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Agenda Item No. 8e
June 6, 2006
Page 24 of 219
(i)
Agenda Item No. 8e
June 6, 2006
Pag,e 25 of 219
2800 NORTH HORSESHOt DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-
. COLLIER .cOUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
(,
.~ )
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
2ND
. PUDZ-2005-AR-8126
PROJECT #2005050070
DATE: 2/8/06
KAY DESELEM
(
NAME OF APPLlCANT(S) ROCK CREEK HOLDINGS. LLC
ADDRESS CllY GLASGOW STATE KY ZIP 42141
TELEPHONE # 239.269.1155 CELL # FAX #
E-MAIL ADDRESS:METCALF165@aol.com
NAME OF AGENT: R. BRUCE ANDERSON. ROmEL & ADRESS. LPA
:BRUCE E. lYSON. WILSONMILLER. INC.
ADDRESS 850 PARK SHORE DRIVE CllY: NAPLES STATE: FL ZIP: 34103
3200 BAILEY LANE CllY: NAPLES STATE: FL ZIP: 34105
TELEPHONE # (239) 649-6200
# (239 649-4040 CELL # _FAX # (239) -261-3659: (239)-643-5716
E-MAIL ADDRESS:banderson@ralaw.com;brucetvson@WlIsonmiller.com
Roqerswells@att.net; Metcalf165@aol.com
: I
I
12/1212005- 1S4S07 Ver: OSI- BTyson
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BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUI~~~...r~'o~ ~
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE Pa~u~126u~f 2 9
REGULATIONS.
Complete the following for all Association(s) affiliated with this petition. Provide
additional sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION: N I A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZIP
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a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest as well as the percentage of such interest. (Use
additional sheets if necessary).
Name and Address
Percentage of Ownership
12f12f2005.. 1504507 Ver: 051- BTYIOn
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Agenda Item No. 8e
June 6, 2006
Page 27 of 219
b. If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
Name and Address
Percentage of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the
trust with the percentage of interest.
Name and Address
Percentage of Ownership
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP,
list the name of the general and/or limited partners.
Name and Address
International Investments. Inc.
200 American Way. Glasgow. KY 42141
L. Rogers Wells. Ir. (sole owner c!r chairman)
Gary Bell
Michael Metcalf
Percentage of Ownership
80%
10%
10%
'2/'2/2005- 154507 Vor: OSI. BT}'3OIl
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Agenda Item No. 8e
June 6, 2006
Page 28 of 219
e. If there is a CONTRACT FOR PURCHASE, with an individual or
individuals, a Corporation, Trustee, or a Partnership, list the names of
the contract purchasers below, including the officers, stockholders,
beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms Involve additional parties,
list all Individuals or officers, If a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired rgJ leased 4/7/05 0 Term of lease
yrs.jmos.
If, Petitioner has option to buy, indicate the following:
Date of option: Date option terminates: , or
Anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase
occur subsequent to the date of application, but prior to the date of the
12112/200S-15450T Vel': 051. BT~
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final public hearing, it is the responsibility of the applicant, orgage~'DflJo. Be
h. b h If t b't June 6, 2006
IS e a , 0 su ml Page 29 of 219
a supplemental disclosure of interest form.
~i~;~:~'~~dd~.;;:~f.b:;;!"~i!:;,itt};~if~~~;;'~j;.::'\;;;Th?~~~~r!):, c;;PR~'ER:n ...tocAtr'~~~g.t2~;:~:.!i[t'>F:;~iJ~J~::~fri~!~~nt~fT%,k,:"~Y..:"~;;if:~;;j,!~t
Detailed le2al description ofthe property covered bv the application: (If space is inadequate,
attach on separate page.) If request involves change to more than one zoning district,
Include separate legal description for property involved in each district. Applicant shall
submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) If required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section/Township/Range Section 1/ 50 South / 25 East
lot: Block: Subdivision:
Plat Book Page #: Property 1.0#: 00386760501, 00386761102
Metes & Bounds Description: See enclosed survey
Size ofpropertv: 1140+/- ft. X 650+/- ft. = Total Sq. Ft. Acres 11.68
Address/2enerallocation of snbject property: Northwest corner of the intersection of Airport
pullina Road and Estev Avenue.
PUD District (LDC 2.03.06): C8J Residential 0 Community Facilities
o Commercial 0 Industrial
Zoning
land use
N TTRVC
S C-5/PUD
E C-4
W RMF-6
RV Resort
Auto dealershio. Salvation Armv
Retail and Convenience
Residential
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (If
space is inadequate, attach on separate page).
Section/Township/Range N/A / /
12112J200S. 154501 Ver: 051. BTyson
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N022~ PWRK.29O<<
Lot: Block: Subdivision:
Plat Book Page #: Property 1.0#:
Metes & Bounds Description:
Agenda Item No. Be
June 6, 2006
Page 30 of 219
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This application is requesting a rezone from the Commercial and Residential zoning
district(s) to the Residential (PUD) zoning distrlct(s).
Present Use of the Property: Vacant
Proposed Use (or range of uses) of the property: Multi-familY residential including 20"
workforce housing component.
Original PUD Name: N/A
Ordinance No.:
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's
analysis and recommendation to the Planning Commission, and the Planning
Commission's recommendation to the Board of County Commissioners shall be based
upon consideration of the applicable criteria noted below. Provide a narrative statement
describing the rezone request with specific reference to the criteria noted below.
Include any backup materials and documentation in support of the request.
PUD Rezone Considerations (LDC Section 10.02.13.8)
1. The suitability of the area for the type and pattern of development proposed In
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
The property is Ideally suited to be high density residential use given Its proximity to
arterial and collector roadways, being adjacent to the Collier Area Transit bus line and
with In easy walking distance of their transfer station on Estey Avenue, and also being
adjacent to residential development to the west and compatible uses on the other
adjacent boundaries. The property's drainage will outfall to Rock Creek and public
utilities are available In Airport Road and Estey Avenue.
A very small portion of the northwest corner of the property is within the 65-60 LON
Zone 0 contour of runway 14-32 of the Naples Airport. This contour crosses over
wetland and all residential development will be outside this noise contour.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
12J12J2005. 15<507 Vor. 051. BTyoon
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NQ228-OO5.OOO. PWRK. 2~
proposed, particularly as they may relate to arrangements or provlsldnSHI:c):ll:J1Em No. Be
made for the continuing operation and maintenance of such areas and fa_6~fg~~
that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the
county attorney.
The property is under the ownership of one corporation and it will rely on existing
public facilities to develop the project. See attached ownership deed.
3. Conformity of the proposed PUD with the goals, objectives and policies of the
growth management plan.
The proposed PUD is In conformity with the goals, objectives and policies for projects
within the Urban - Mixed Use District of the growth management plan.
4. The Internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
The proposed residential multi-family project is compatible with its adjacent uses
including residential to the west, TTRVC to the north (Rock Creek RV Resort), Airport
Road and C-4 uses to the east, and Estey Avenue, a C-S use (used car sales), and the
Salvation Army PUD to the south. This location is ideally suited for a higher density (l0.3
UPA) residential multi-family project.
5. The adequacy of usable open space areas in existence and as proposed to serve
the development.
The property is privately owned and is vacant. The proposed project will meet the
County's LDC requirements for residential projects.
6. The timing or sequence of development for the purpose of assuring the adequacy
of available improvements and facilities, both public and private.
The project is expected to be developed as soon as required construction related permits
are obtained. It appears that adequate public facilities are available to develop the
project at this time.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
This project will not be expanded.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
of justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
This application conforms to the PUD requirements.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact
the civic or property owners association in the area for which this use is being
1211212OOS- 1s.s07 Vet: 051- BT)'IDn
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requested in order to ascertain whether or not the request is affected by QI9C!in~Q~ 8e
. t' June 6. 2006
restnc Ions. Page 32 of 219
Previous land use petitions on the sublect orooertV: To your knowledge, has a public
hearing been held on this property within the last year? 0 Yes ~ No
If so, what was the nature of that hearing?
NOTICE:
This application will be considered "open" when the determination of "sufficiency"
has been made and the application is assigned a petition processing number. The
application will be considered "closed" when the petitioner withdraws the
application through written notice or ceases to suoply necessary information to
continue orocessing or otherwise active Iv oursue the rezonina for a period of six
(6) months. An application deemed "closed" will not receive further processing and
an application "closed" through inactivity shall be deemed withdrawn. An
application deemed 'lclosed" may be re-opened by submitting a new application,
repayment of all application fees and granting of a determination of "sufficiency".
Further review of the project will be subject to the then current code. (LDC Section
10.03.0S.Q.)
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STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONEREQUEST
"lf~tt:ANIt~lttJFtl.tt"'.AmJONrl~;'~;~~i:;t;;,'F;ttt~.!j~#f'::w~~~';i~4':i~:~;;::\~~;0
Agenda Item No. 8e
June 6, 2006
Page 33 of 219
NAME OF APPLlCANT(S) ROCK CREEK HOLDINGS. LLC.
ADDRESS 200 AMERICAN WAY CITY GLASGOW STATE KY ZIP 42141
TELEPHONE # 239.269.1155 CELL # FAX #
E-MAIL ADDRESS:METCALF165@aol.com
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Northwest auadrant of Alroort-Pullin9
Road and Estev Avenue.
Section/Township/Range Section 1/ 50 South / 25 East
Lot: Block: Subdivision:
Plat Book Page #: Property 1.0#:
Metes & Bounds Description: See attached survey.
COUNTY UTILllY SYSTEM rgj
a. CITY OTI L1TY SYSTEM 0
b. FRANCHISED UTILITY SYSTEM D
PROVIDE NAME
PACKAGE TREATMENT PLANT 0
(GPO capacity)
d. SEPTIC SYSTEM D
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;\I':"~~~::<~>;;-~~::~<::<:"~;':-:f~\".J',:,,~ )ii-::,..-.;i;:~,.;..r:':,".- '~.;.~, ::,. ':\. .;, ...., "".:~ ,~'.,..'-:..<.. ,::.':". ".,.'.> .,~: ..,.,.....'~:,\:+~.,:.~:,~.~_~~/.,,~':~~,.y?_~:>.<,'.<~.l-: ,>":,,"'~~-".'l-~:,,
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
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STATEMENT OF UTILITY PROVISIONS - page 2
Agenda Item No. 8e
June 6, 2006
Page 34 of 219
If(jT~~t;fli';'fii:;l1Pi~Q;ls~S'i:H{iC~.: 120 Multi-family units.
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A. WATER-PEAK 39.363 GPD AVERAGE DAilY 120x1.42x154=26.242
B. SEWER-PEAK 59.044 GPD AVERAGE DAilY 23.617 GPD
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
N/A.
IIIIIBlli',am~{ Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a
specific statement regarding the method of g,ffluent and sludge disposal. If
percolation ponds are to be used, then percolation data and soil involved
shall be provided from tests prepared and certified by a professional
engineer.
Wastewater oenerated will flow into the Collier County wastewater
collection systems.
.___.41 If the project is located
within the services boundaries of Collier County's utility service system,
written notarized statement shall be provided agreeing to dedicate to Collier
County Utilities the water distribution and sewage collection facilities within
the project area upon completion of the construction of these facilities in
accordance with all applicable County ordinances in effect at the at time.
This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities
Division prior to the issuance of building permits by the County. If applicable,
the statement shall contain shall contain an agreement to dedicate the
appropriate utility easements for serving the water and sewer systems.
~-'"I'rm''' "I~' .,~...",,~..~,,"...~. ,~.~..~.,..,tliI..,.~-,,,, .,,'~...., 'r"'~"I~' .....-E1"'.M......,.,......... ..n".,."B"."."'-...~~~' q.',.,
, " " " .." 'E'''D.:.'O' .... J;;"~.~, '.'", 'ill'S \ ". '?; ...: ~~' .ti,w ' ,'''~ . .~. ': !r.~... ~.. .'.E R;'''~'''' 'gm.' "'0' E ::=""1:U I
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'. -. .:. J ': .,.... _ .:' . ':,. .,i <. '_.., - r. '. "_,' _,'.' "" ,', ,,": i7";,. ,~. ",: ..: '-, '.. . ~ .', ,,(0 .t;..l:h. :<. . .: .~~. .~. ~~ co': '.' '''.;:! ~. _'.,' _ "., '. '. _', - ..' '. _ __II';:~:...'
-,~, '-""~'" ..~,.,. ~. ,a'J'll....._. .'1 ..4 ,.~... ........11'..., N..............A: _" ... .~"."',...,._ ... ,w_, _ ,., "._ ...<t."'...hi. ...(...~.t. ..~.~ ..~~i{;,_~,.."
waived or otherwise provided for at the pre-application meeting, if the
project is to receive sewer or potable water services from any provider other
than the County, a statement from that provider indicating that there is
adequate capacity to serve the project shall be provided.
1211212006- 1s.507 \/or: 051. BTyoon
CAKI
~ PWRK. 2tlO44
Agenda Item No. 8e
June 6, 2006
Page 35 of 219
AFFIDAVIT
L. Rogers Wells, As Managing Member of Rock Creek Holdings, LLC, being first duly
sworn, depose and say we are the owners of the property described herein and
which is the subject matter of the proposed hearing; that all the answers to the
questions in this application, including the disclosure of interest information, all
sketches, data, and other supplementary matter attached to and made a part of this
application, are honest and true to the best of our knowledge and belief. Well
understand that the information requested on this application must be complete
and accurate and that the content of this form, whether computer generated or
County printed shall not be altered. Public hearings will not be advertised until this
application is deemed complete, and all required information has been submitted.
As property owner Well further authorize, International Investments, Inc., R. Bruce
Anderson and Bruce E. Tyson to act as ourlmy representative in any matters
regarding this Petition.
,
Ii Signature of Property Owner
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this fi_1___ day of
-=s:iL1.::::L____, 200.5__, by b._:...RM..EJ.~.S:J~2~!::--~t___who is personally known to me
or has produced ________________________as identification. -
~ jhJYJ~ ;ndv~
j-""Y '1I~<t> DONNA JoMARY MAHER
~ V ~ MY COMMISSION 11 DO 193534
~~ # EXPIRES: March 13,2007
7/1112005-154507 Ver: 02'- BT",1on Off\:
=&-005-00<>- PWRK- 290<< 1-8OO-3-1'<<lTARY FL Nolary 0t0e0unI Aaoe. Co.
Agenda Item No. 8e
June 6, 2006
Page 36 of 219
LEGAL DESCRIPTION FOR MERIDIAN VILLAGE
DESCRIPTION
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 890 38'1 O'WEST 13.00 FEET TO THE WEST LINE OF AIRPORT ROAD;
THENCE SOUTH 000 31 '26" EAST 1312.46 FEET ALONG SAID LINE TO THE INTERSECTION
OF THE NORTH LINE OF ESTEY AVENUE AND THE POINT OF BEGINNING;
THENCE SOUTH 890 37'00'WEST 340.07 FEET ALONG THE NORTH LINE OF ESTEY
AVENUE;
THENCE LEAVING SAID LINE AND IN ACCORDANCE WITH THE BOUNDARY LINE
AGREEMENT
AS RECORDED IN OR BOOK 764. PAGE 757, THE FOLLOWING NINE (9) COURSES AND
DISTANCES;
1) NORTH 010 09'40'WEST 129.40 FEET;
2) NORTH 880 50'20"EAST 40.00 FEET;
3) NORTH 010 9'40'WEST 50.76 FEET;
4) SOUTH 880 50'20'WEST 135.00 FEET;
5) NORTH 010 09'40'WEST 50.76 FEET;
6) NORTH 880 50'20"EAST 135.00 FEET;
7) NORTH 010 09'40'WEST 203.04 FEET;
8) NORTH 880 50'20"EAST 344.12 FEET;
9) NORTH 000 43'37'WEST 372.75 FEET MORE OR LESS TO THE MEAN HIGH WATER
ELEVATION 1.61 (NGVD29):
THENCE GENERAL Y MEANDERING NORTHEASTERLY ALONG SAID LINE, 940 FEET MORE
OR LESS;
THENCE SOUTH 420 06'50"EAST 46.56 FEET TO A POINT ON THE WEST RIGHT OF WAY
LINE OF AIRPORT-PULLING ROAD;
THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 000 31'26"EAST 1147.75 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
CONTAINING 11.68 ACRES MORE OR LESS
2/1!1/'2OO8. 1~18 Vet: 021- DHYATT
CM<I
N022&-OO7.ooo- ms- 211838
Agenda Item No. Be
June 6. 2006
Page 37 of 219
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Agenda Item No. 8e
June 6, 2006
COLLIER COUN'IY Page 38 of 219
FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT
2800 N. Horseshoe Drive · Naples, Florida 34104 · (239) 403-2330 . Fax (239) 403-2331
CERTIFICATE OF AFFORDABLE HOUSING EXPEDITED REVIEW
PARTNERSHIP AGREEMENT
Name of development
Meridian Villaae PUD
Location:
Northwest ouadrant of Airoort Road and Estey Ave.
Applicant JAgent : R. Bruce Anderson. Eso.. Roetzel and Andress. 850 Park Shore
Drive. Naores. FL 34103
Bruce E. TYson. AICP. Wilson Miller. 3200 Bailev Lane. Naoles. FL 34015
Contact Information: Intemationallnyestors. 1255 Gulfshore Blvd. N.. Naoles. FL
34102. Attn. RoaerWel1s 513-673-3440
Size of Property: 11.7+/- acres
Proposed Use:
Residential multi-family
Total Number Residential Units Planned: 120
Number of Affordable Housing Units Planned:
24
. SOOA. MI
. 600/. MI
. 50% MI
. 350/. MI
Proposed Land Use Restriction: ----!. PUD Restriction or AHDB Agreement
. Developer Agreement
. Impact Fee Agreement
. Other:
I hereby certify that the above described project meets the definition of providing affordable
Housing in Collier County and as such Is entitled to participate in the County's -ExPedited Review
Procedures of Affordable Housing- as described In the Collier County Administrative Code through
Resolution No. 2005-40~
By: ~ft#t4<r..9-rt!,.V Date: //5s;/~
Operational Support and Housing Department
I hereby certify that I have reviewed the "Expedited Review Procedures of Affordable Housing" as
described in the Collier County Administrative Code through Resolution No. 2005-408 and that all
resubmlttals made to the County will be made according to the same review timeiines identified in
the Procedure for staff reviews. Failure to resubmit Information in such a timely manner will result in
the removar of this project from the Expedited Review Program.
By..fl.~'JLu...j ~ $r~" E.iyfayV Date 2.!1~u
-Applicant! Agent
This Certification must be submitted to the Department of Zoning and Land Development Review
with a complete development order or development permit application package within six months of
date of issuance. ~~.
c " { ~ ri~; .. .. Co.. H t. :v
2-1T-OSl 2:2a~;WM O~SIGN STUOIO
Dee 11 OS 03:S1p CD Rionard Ellis
.f}:~ I 7- 6 I~ r.r. I:'IR 12 rn 12: 38
COlLlEn Cn.UI/TY RECORDED
1111.1 ~'I I
OR BOOI\
(J lJ I 75 If'
PAGE
1t,... 2/ .s
p ~enda Ite
Jun
Page
NO.8e
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9 of 219
19
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r238 &"8 ...&08
Z396594028
....
P.EC ~~^
PUN! ~
OOC-
tNT-
IND-
RESOLUTION. NO. 90-..l1.6
RESOLC'l':[ON TO VACA'1'B, RBHOUNCB AND DISCLAIM
'l'HE aI:GBTS at 'l'HB COUR'1'Y AND PUBLJ:C '1'0
CERTADf ROAD Rl:GH'l'S-Ol"-WAY XN'l'EREST XN' A
PORTION OF TBB ReClC CREEK TERRACE PLAT AND
TO VACATE CERTAJ:N LOTS "ITHI:R THB ROex
CREER TERRACE: PLAT AS RECORDBD :IN PLAT
BOOK 1, PAGE 40 01" THE PUBLIC RECORDS
OF COLLI:ER COUNTY, FLOIUDA.
WHEREAS, pursuan~ to sections 177.101, 336.09 and 336.10,
Florida statutes, the Transportation Services Division has
received a petition trom Wilson, Miller, Barton, So11 & Peek, as
agent for the property owners, Neapolitan Enterpriae8 Co. and
Caribbean Gardens Co., reque.tinq that the Board vacate, renounce
and disc1aiM the right. of the County a~d the Public to House
Avenue, Clarke street, Burnha~ Boulevard lyinq South of Rock Creek
and steeves Avenue, less riqht-of-way ebutting Lots 19 through 26,
inclusive, Block C and south 1/2 of Lot 6, Lots 7 through 14,
inclusive, Block D of Rock Creek Terrae. plat as recorded in Plat
Bookl, page 40 of the Public Records of Collier County, Florida,
and to vacat. Lots 1 through 6, inclusive, Block A' Lots 1 tnrough
18, inClusive, Block B; Lots 1 through 18, inclusive,. and Lot 22
and Lot. 27 through 33, inclusive, Block CI Lots 1 through 5,
inclusive and the North 1/2 of loe 6, Block D; and Lots ~ through
6, inclusive, Block E at Rock creek Terrace 'as recorded in Plat
Book 1, Page 40 of the Public Records of collier county,
I
F10ridat and
WHEREAS, the petitioners ovn the fee s!.ple title to the
above-d. scribed lands; and
WHEREAS, the Board has this day held a publio hearing to
consider such action to vacate, renounce and disclaim the certain
road rightS-Of-way as set forth above and to vacate certain lots
as set forth above within Rock Creak Terreca plat, and notice of
said public hearing to vacate, renounce and disclai~ the road
ri9hts-of-way interest and the vacation of those certain lots was
given as required by law7 and
WHEREAS, tbe tract to be vacated is not within the corporate
1
MAR 2 1 1990
i1l:1;liltlJ!: I
1'- ...
I.;.:riti'~;.ll:i;t~i
"
n.c
2-17-0&: 2:2a~:WM DESIQN STuDIO
11 03 03'511" CD Richard Ellis
12alil 848 ..e08
23981584028
. oS'" 5
,..h\@enda Ite
Jun
(j U I 7 5 5 Page
PAGE
NO.8e
6, 2006
o of 219
IJ 0 I 5 I
OR BOOl~.
~imits of any incorpora~ed city or town, and
WHEREAS, the plat vacation vill n~ affec~ the ownerahip or
rights c~ convenient access o~ other prope~y owners including
persons owning other parts ot the subdivision and not being
vacated herein.
........
NOW, THEREFORE, BE :I'1' RESOLVED BY rHll: BOARD or COUNTY
COMKI:SSIORERS OF COLLJ:U COURTX, FLOR:IDA, that in accor12ance with
Sections 336.09 and 336.10, Florida statute., the Board vacates,
renounce. and d1sc~aim. any rights of the County and the public in
and to House Av~nu., Clarke street, ~urnham Boulevard lying South
of Rock cr_k end steev.. Avenue, le.. right-of_ey .bu~~inq Lots
19 through 26, inclusive, Block C and South 1/2 of Lot 6, Lots 7
through 14, incl.usive, Block D ot RocJc: Creek Terrace plat .s
recorded in Plat Book 1, Page 40 of ~ Public Records of Collier
County, Florida.
BE 1'1' FURTHER RESOLVED, that in accordance with Section
177.101, Florida statu~.., the fOllowing descrIbed property is
hereby vacated:
Lots ~ through 6, inclusive, Block A' Let. 1 through 18,
inclusIve, Block Br Lot. 1 through 18, incl.~iv., and Lot 22
and Lata 27 through 33, inClusive, Bloc:Jc OJ 1.OtIJ 1 \:hrough 5.
inclusive and the North 1/2 ot Lot 6, Block Dr and Lots ~
through G, inclusive, Blook E; and Terrace %.1and, all bein9
located in Rc.dk Creek Terrace, a subdivision, according to
the Plat thereor, as recorded in Plat Book 1, Page 40 of the
Public Records of collIer County, Florida.
BE :I:T FUll'TBD RESOLVED, that this vacation of the above
described property is approved subject to the followinq
stipulations that:
1) The real estate which comprises Lot 22, Block C,
("Lot 22C") of Rock creek Terrace, a subdivision; according
to the plat thereot recorded 1n Plat Book 1, at page 40, of
the Public Records of Collier County, Florida, ("Rock creek
Terrace") shall be used only tor resi12ential purposes, and if
a structure is developed on Lot 22 C 1t shall be a one unit
residential structure.
2. In order to preserve steev.. Avenue as a dead end
z
I;.. :'N~'HiIIlUO<1;~. I
:11
2-17-0&: 2:Z8PM.WU OESIDN STuDIO
nee 11 03 03:51p CB R1Dh.~d Ellis
:238 e...a .e08
2396594028
III 4" .
,. Agenda Ite
Jun
o U I 7 5 5 Page
PAGE
NO.8e
6, 2006
1 of 219
00 I 5 I .
on BOOK
stre.t, N8apol~tan Enterpri... 00., lte sucoec~ors or
assigns, wl~l con.truot a Ceunty approved turnaround at tn.
t.rminat~on b~ tbe improved .treet at or near tne axistin~
northern term1DUS of ste.v~. Avenue ~ener~ly located between
Lot 27, Block C, and Lot 6, Block D, Rock creek ~errace, at
or prior to tn. co~.noe.ent of develop.-nt of a multi-family
residential project on the property located adjaoent to and
we.t of the coamercia~ly zoned property 81on9 Airport ~oad
and Estey avenue (tbe "MuJ.ti-Falllily Project") and at or prior
"
to co~encamant at developaent.or the commercially zoned.
property.
3. Lot 22 C shal~ never be used to access any portion
of the property.
4. A .treet described a. Clarke Street on tbe plat of
Rock Creak Terrace will be vacated and, therefore,
unavai~abl. as a short cut fer vehicular access from Airport
Roac:l te Estey avenue th~OU9h SteBv_ Avenue.
~. The real estate located on the mUlti-family project
will net be rezoned to commercial or industrial, or any other
non-residential uses.
6. Tbese stipulations l!Iha~J. run wltb the land.
7. This' vacation approval. i.' not a development order
that wi1.1. entitle the owner ot the property to an exemption
un~er the proposed zoning reevaluation ordinance.
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to
pUblish, one time, notice ot the adoption of this Resolution
within 30 days of the date of this Resolution, in a newspaper of
general circulation publisbe~ in the county.
BE XT FURTHER RESOLVED, that tbe proof of pUblication of
notice of the public hearinq, the proof of publication of the
notice of the adoption of this Resolution and a certified copy of
this Resolution shall be recorded by the Clerk in the Official
Records o~ Collier County, Florida, and the Clerk to =ake the
proper notations of this vacation on said plat.
3
. ;'
1; v~,~ ...
2-,7-0&; 2laepW;WM OESION STUDIO
nee 11 03 03t51p CB Rleh.rd Ellis
:238 e4" ...oe
23SB:S9~D28
00151
OR 800/~
001757
PAGE
;. '1<f~i!l ~_olution adopted after IIIOtion, .econd and majority
"', .
vofe~, :;-;~~
1'.1" ..~ .
'., J
.. " . DATED I February 2.7. 1990
\:., ':", ~\\HU C, .
:,: ~ft~t'1':, ",' ,~.' . BOARD or C:OUNT'f COMMISSIONERS
:::1.:: .::J~._c...' ,'~Lll~ C;ferlc COLL:IER. COUlml', P'LOlUDA
.' ~~ ;',:' .:':~!:li' ~ .:.....~t, .:; :to
~. .\' . \~.:r.
-. I"'~"".""\~''''';'''' =
... A~P1:i ir.cl"a'II~'~ .tor;.
~qfticien~:,,'-. ,"
:..~...~
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/f1~ ~Vid. c. We1g.;'
~A~8ist~nt County Attorney
\;;-,,~,HiIl~',';,,;;: .
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4
. 5/ e
..~enda Ite
Jun
Page
NO.8e
6,2006
2 of 219
..
\
Agenda Item No. 8e
June 6,2006
Page 43 of 219
MARC F.OATES, P.A.
Attom~ at Law
Winfield Building
10001 Tamiami Trail North, Suite 119
Naples, Florida 34108
Telephone (239) 593-3174/ Facsimile (239) 593-3173
March 31, 2005
VL4 FEDERAL EXPRESS
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Florida Department of State
Division of Corporations
409 E. Gaines Street
Tallahassee, Florida 32399
Re: Transaction: Rock Creek Holdings, LLC
Our FIle No.: 02-056.001
To Whom It May Concern:
In connection with the above-referenced transaction, enclosed please find Articles
of Organization of Rock Creek Holdings, LLC. along with our operating account check
number 3533 in the amount of$160.00 representing filing fees for same.
Should you have any questions, please contact this office to discuss.
Amber lee
Paralegal for Marc F. Oates, Esq.
laek
Enclosures as stated
. ,
\
Agenda Item No. 8e
June 6, 2006
Page 44 of 219
...
ARTICLES OF ORGANIZATION
d
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ROCK CREEK HOLDINGS. LLC ~.
The undersigned, for the purpose of forming a limited liability company under the
Florida Limited Liability Company Act, Chapter 608, Florida Statutes, hereby make,
.~knowledge, and file the following Articles of Organization.
FOR
FLORIDA LIMITED LIABILITY COMPANY
FOR
ARTICLE I
NAME
The name of the Limited Liability Company shall be ROCK CREEK
HOLDINGS, LLC, hereinafter "Company.... The mailing address of the Company shall
be P.O. Box 1598, Glasgow, Kentucky 42142. The principal place of business shall be
200 American Avenue, Glasgow, Kentueky, 42141.
ARTICLE II
DURATION
The Company shall commence its existence on the date these Articles of
Organization are filed with the Florida Department of State. The Company shall have a
perpetual existence, unless the Company is earlier dissolved as provided in these Articles
of Organization. ' .' .
ARTICLE UI
PURPOSE AND POWERS
The general purpose for which the Company is organized is to transact any lawful
business for which a limited liability company may be organized under the laws of the
State of Florida. The Company shall have all the powers granted to a limited liability
company under the laws of the State of Florida.
Agenda Item No. Be
June 6, 2006
Page 45 of 219
ARTICLE IV ..:~ ~
REGISTERED OFFICE AND AGENT .~~~ ~ ~
"Z " \ \
The name and thi street address of the registered agent of the Company in ~ .........0 ~
State of Florida is: ! ~%, ~
Marc F. Oates, P.A. . ..-(\ ~ ~
c/o Marc F. Oates, Esq. ~~ ~
10001 Tamiami Trial North, Suite 119 ~~
Naples, FL 34108 '? 'if'
ARTICLE V
ADMISSION OF NEW MEMBERS (TRANSFERABILITY OF INTERESTS)
No additional members shall be admitted to the Company except with the
unanimous written consent of all the members of the Company and upon such terms and
conditions as shall be determined by aU the members. A member may transfer his or her
interest in the Company as set forth in the regulations of the Company, but the transferee
shall have no right to participate in the management of the business and affairs of the
Company or become a member unless all the other members of the Company other than
the members proposing to dispose of his or her interest approve of the proposed transfer
by unanimous written consent.
ARTICLE VI
TERMINATION OF EXISTENCE (CONTINUITY OF LIFE)
The Company shall be dissolved upon the death, retirement, resignation,
expulsion, bankruptcy, or dissolution of a member or manager, or upon the occurrence of
any other event that terminates the continued membership of a member of the Company,
unless the business of the Company is continued by the consent of a majority in interest
of the remaining members.
ARTICLE VII
MANAGEMENT (MANAGEMENT BY MEMBERS)
The Company shall be managed by the members in accordance with regulations
adopted by the members for the management of the business and affairs of the Company.
These regulations may contain any provisions for the regulation and management of the
affairs of the Company not inconsistent with law or these Articles of Organization. The
names and addresses of the managing members of the Company are:
\
\
Agenda Item No. 8e
June 6, 2006
Page 46 of 219
NAME
ADDRESS
Michael H. Metcalf
299 Mel Jen Drive, Naples, FL 34J05
..
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200 Amencan Ave.) Glasgow) KY 4214 I ~;. ~ ~
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IN WITNESS WHEREOF, the undersigned organizer has made and subscrib~ ~ ~
these Articles of Organization for the foregOing uses and purposes this ~ day of M~ ~
2005. _ . .. ~%
International Investments, Inc.
Gary Bell
P.O. Box 122, Edmonton, KY 42129
Authorized representative of members:
By:
~~~
~chael H. Metcalf
Its: Managing M~bers
Having been named as registered agent and to accept service of process for the above
stated limited liability company, at the place designated in this certificate, I hereby accept
the appointment as registered agent and agree to act in this capacity. I further agree to
comply with the provisions of all statutes relating to the proper and complete
performance of my duties, and I am familiar with and accept the obligations of my
position as registered agent as provided for in Chapter 608, F .S.
Registered Agents of Rock Creek Holdings, LLC:
MARC F. OATES, P.A.
~Lr-~
~ arc F. Oates, Esq.
... .
NIZATlON ID ,
.0110
STATE OR COUNTRY I KY
OF INCORPORAnoN
\,;UNIMUNWt:AL I M UfO 1\.t:I'I I v...~.
TREY GRAYSON. SECRETARY OF STATE. IIII
ANNUAL REPORT. 11111 Ulllllnl_ft~o. 8C
DUE JUNE 30, 2005 . 024 0 1~ eune 07"'2'006
. E"rlQP47of219
I ORGANIZAJl~ I 02117/1988\ ~GI $15.00 I
I file your annual repon on'lne
. credit card or prepaid account.
" web site at www.kvaos.com
'CT CORPORATE HAIlE AND CURRENT PRINCIPAL 0FFtCE ADDRESS
TERNATIONAL INVESTMENTS, INC.
=> BOX 1598
I~SGOW. KY 42142-1598 (3) THE PRINCIPAL OFACE ADDRESS IS HeREBY CMANOEDTO
Recell" D
JUN 2 7 2 5
:uRREHT REGISTERED AGENT AND REGISTERED OFFICE ~~
,:hangt8 m8d11O 1h8 ~ agent or ~ oftlce cannot i*Qiiifa; S I
~ (4) to '*!lHIIt . form II) be meIIed or clownIDIId form flam Mb .... 'f'H OF kt.
JOHN ROGERS \4) MAIL A STATEMENT OF CHANGE OF AGENT OR OFfICE TO
111 WEST WAYNE STREET -.'
GLASGOW. KY 42141
(5) PRINCIPAL OFFJCERS It the COIpOI'aIIcln hu llIWlouIlY lied... 1""'* fIIPOrt. verify the names 1ftlI_ of oIIiaerB liIhld bIIow. PIeue note lII1Y IddIIIona 10 or ~
In the principal oItlcIIra andg," tIa".-.- __lot IlIICI1 fie_ind. If (5) Is blink, type or,,: 1M _ and bwI_ 8ddnlln of the current prInapIII
olIIcerB. If IDle olllcer. ... ncu. The III'ftIIl FIPO'l will be I81UlTlId I DuIIneI8 acIdrIIa8I are not
Treasurer Naomi Kinslow 735 Cool Spring Road, Glasgow KY 42141
SecretarY Naomi E Kinslow ~ Cool' Spr inq . Road , G1asqow KY . 42141
Vice President Ronald 'Murphy i10 Raquelle Dr.. Bowling Green KY 4210
President Gary S Bell ~BOX 122, Edmonton KY 42129
. AdcIr.-
AdlII-.
(6) DlREc:roRS TYI" or pIInlthe __ ... ~ 1Idd. IIIII of \he corporation'. d1reeto... No IlstlnlI of d1lC101'1l1 vedfIcaIIon that the corporation hU dIspenII8d with dll'llClOrl
(KRS 2718.80010(3)). NonprafIt corpordona......1Iat IhrM (3) at _ cIIt'IIc*n (KRS 273.211). Thil annueI f'IIlClII wIl be rwtumed If busIna& 8dd~.. not listed.
Gary S Bell P 0 Box 122. Edmonton RY 42129
NImI Murohv m Raquelle Dr. , Bowlinq Green RY 421)
Ronald
NIme Add!.-
L Roaers WeDs. Jr. 'P () Rnv 1I;QR, r:1'''Rgn101 f('V A".4'-1I;QR
,...",. Naomi Kinslow m Cool Sprinq Road, Glasqow KY 42141
Name ,....
1
(7) Check here" you are a coop....th,. ~ 0
AL REPORT IS CURRENT AS OF THE DATE THIS REPORT IS EXECUTED.
,
TITLE Sec/Treas DATED 06/24/05
ANNUAL REPORT AND flUNG FEE
Submit for filing the completed annual report form and correct fling fee as InclIcated BboYe. Make cheCk payable to the-KentucIry sma. TlMauntr". ",.... do
not and r:nh.
MAlUNG ADDRESS
Trey Grayson
Secretary of State
POBox1150
Frankfort, KY 40602~1150
OFFICE LOCATIONS
Secretary of S1ate
51818 Capitol, Room 154
700 CapItal Avenue
Frankfort, KY 40601
(502}-S64-2848
Secrataty of S1ate
363 Versailles Road
Frankfort. KY 40601
(502}-573-0265
NOTE: POBox 1150 Is for
annual report flllnga only.
'-~~GANIZATlON ID ,
'-'240110
STATE OR COUNTRY I KY
OF INCORPORAnON
COMMONWEALTH OF KENTUCKY
TREY GRAYSON, SECRETARY OF STATE.
ANNUAL REPORT
DUE JUNE 30, 2005 02401 0
I ORGANIZAJl~~ 102/17/1988" ~~NGI $15.00
You can flle your annual report online
using a crec:Ut card or prepaid account
Visit our web alte 81 www.kveos.com
(1) EXACT CORPORATE HAIlE AND CURRENT PRINCIPAL OFPICE ADDRI!SI
INTERNATIONAL INVESTMENTS, INC.
PO BOX 1598
GLASGOW, KY 42142-1598 (3) THE PRINCIPAL OFFICE ADDRESS IS HEREBY CHANGED TO
RECEI\I. D .
JUN 2 7 2 ~
(2) CURRENT REGISTERED AGENT AND REGISTERED OFFICE ~~
Chang. rude to lhe nIglItered agent or regiltered oflloe cannot ~mt S 1
COn1IIIte (.c) 10 requat . fonn eo be mailed or downIcIId to"" fnlm MIb lilt.. TH OF Kt.
JOHN ROGERS [.1 MAlLASTATaIENTOf'CHANGEOf' AGENTOA. OFFICE TO
111 WESTWAYNESmEET -..
GLASGOW, KY 42141 .
(6) PRINCIPAL OFFICERS If ttW ~ 11M DNYIouIIv lied., IllVlll8lIIIpOIt, WItfy thI nIIMIand tflle8 0/ ofI'icers lilted billow. Pt-.l1CIle any afIllonalD orahangft
In ttle principal omc.rslll1d... the b..-.- iIdd~ lor tI&Ch pereon Ileted. II (5) II blank, I)'plf orplfnt the....mM and buaI_ Md. u. of lhe CIInwnt plfncllpel
oIllcIra. 11110I1 ot'lIaIr, pIuH note. TM annum ~ WIll be IWtUmacf I buIIneA IddllllAl_ not IIII8d.
Treasurer Naomi Kinslow 735 Cool Spring Road, Glasgow KY 42141
Secretary Naomi E Kinslow m Cool Sprinq. Road, Glasqow KY' 42141
V'1C8 President Ronald 'Murphy ..... Bowling
480 Raquelle Dr. . Green KY 4210
':)resldent Gary S Bell r-?r Box 122. Edmonton KY 42129
- ~
I
I "'*"-
(6) DIRECTORS Type or print the IllImU and bu...... 1Idd~ of 1tle COIPOrdon" dlrectorl. No I~ of dlllli:to!a Ie verlflcatton that the cotporBllon has dIIIpenaed wtlh tInIctors
(KRS 2718.8-010(3)). NonprofIt corporaUona muat llat thl'H (3) or mo.. d1rectota (KRS 273.211). Th8 annual ,.pen wur be rwtumecllf busInas add..... ere not lISted.
Gary S Bell p 0 Box 122. Edmonton KY 42129
Name Mumhv n1r Raquelle Dr. , Bow1inq Green KY 421b
Ronald
Name AlIdr.-
L Racers Wells. Jr. 1> n Rny lC;QR, C:l;l1Qgn'W T<v 4'1d.?-1C;QR
....... Naomi Kmsfow ~ Cool Sprinq Road. Glasgow KY 42141
Name ,.....
1
(7) Check here If you aAl . cooperatI.,. corpondf~ 0
AL REPORT IS CURRENT AS OF THE DATE THIS REPORT IS EXECUTED.
TITLI! Sec/Treas
DATED 06/24/0S
ANNUAL REPORT AND FlUNG FEE
SubmIt for fDlng the complel8d annual report form and correct tHing fllJe as 1ndlcat8d above. Make check payable to the -Kentucky Star. T,...,..,.". "",... do
not send cash.
MAlUNG ADDRESS
Trey GI'Ily8On
Secretary of State
-. 0 Box 1150
mkfort. KY 40602.1150
OFF1CE LOCAnONS
Secret8I'y of State
State Capitol, Room 154
700 CapItal Avenue
FranIdoI1, KY 40601
(502).564-2848
Secretaly of State
363 Versa/Dea Road
Frankfort. KV 40601
(502)-573-o2tl5
NOTE: POBox 11&0 I. for
8nnuel report filing. only.
\
\
\
Agenda ItePa~.18~2
June if-200'tt
Page 49 of 219
Division of Corporations
Florida Limited Liability
ROCK CREEK HOLDINGS, LLC
PRINCIPAL ADDRESS
200 AMERICAN A VENUE
GLASGOW KY 42141
MAILING ADDRESS
PO BOX 1598
GLASGOW KY 42142
Document Number
L05000032613
FEI Number
NONE
Date Filed
04/0112005
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
~
._-~.....
Registered' Agent
Name & Address
OATES. MARC F ESQ.
MARC F. OATES, P.A.
10001 TAMlAMI TRAIL NORTIl. SUITE 119
NAPLES FL 34108
~
an ag er em er etal
I Name & Address II Title I
I METCALF. MICHAEL H IB
299 MEL JEN DRIVE
NAPLES FL 34] OS
INTERNATIONAL INVESTMENTS. INC. B
200 AMERICAN AVE,
GLASGOWKY 4214]
I BELL,GARY IB
P,O. BOX 122
EDMONTON KY 42129
M
1M
b D
01
tl
Annual Reports
Report Year \I Filed Date
II
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 =L05000032613&n2=NAMFWD&n3=0... 8/812005
February 23, 2006
Ms. Kay Deselem, Principal Planner
Collier County Community Development and Environmental Services
2800 North Horseshoe Drive
Naples, FL 34104
RE: MERIDIAN VILLAGE RPUD
NEIGHBORHOOD INFORMATION MEETING DOCUMENTATION
D.ear Ms. Deselem,
Enclosed are copies of documents that demonstrate our fulfillment of all Neighborhood
Information Meeting requirements for the Meridian Village Application for rezone to PUD. These
documents include the list of people who were notified, a copy of the newspaper advertisement
with documentation regarding the request, and the School Facilities Lease Agreement with
correspondence regarding location. Also enclosed is an audio recording of the proceedings.
If you need any additional information or have any questions please call me.
Sincerely,
WilsonMiller, Inc.
~vv--
Bruce E. Tyson, AICP, RLA
Senior Project Manager
Cc: Mike Metcalf
R. Bruce Anderson
RECEIVED
FEB 2 7 2006
ZONING DEPARTMENT
OffleB8 8'rI"tllI'cally IDcated to 8ern our client. 800.649.4336
NaplllB/COrpDrattl ameli 3200 Bailey Lane, Suite 200. Naples. Florida 34105 · 239.549.4040 · Fax 239.643.5716
w1l8Dnmllltlr.com
WlIsonMII/6r./nc. - FL Lie.' LC-COOOI70
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Agenda Item No. Be
June 6,2006
Page 51 of 219
NEIGHBORHOOD INFORMATION
MEETING (N.I.M.)
DATE: 1/3/06
TIME: 5:30 P.M.
LOCATION: East Naples Middle School, 4100 Estey
Avenue, Naples, FL
SUBJECT: "Meridian Village RPUD-AR-8126"
*IN AN EFFORT TO CONTINUELY IMPROVE UPON THE PUBUC
NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE
YOU INFORMED OF TODAY'S MEETING?
QM~
2. Newspaper ad
3. Other
3 ~o
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Agenda Item No. 8e
June 6, 2006
Page 52 of 219
MERIDIAN V t LLA6E
Nt;IG~60g J.JO OJ) . . / rJ FC>~7]PfJ . M EE:TING'.
"?~~ 2. OT 2-
E . Agenda Item No. Be
r 'June 6, 2006
Page 53 of 219
Linda Bedtelyon
COllier.CountyCo,mmunltyPJanning COQrdinator,:", ,,' "';',"'i, .'
Cqrnmu,n/ty Development and En'vironmental ServjcesDivisioli,: -,'
2800 North Hors~shoe Drive ' ' ." ',,',;r',.
Naples', FL 34104 ..: '/'
(239) 2,13-294a
F a~: (~~9)"493,:2~9!)
~ .".'
," r: ~
WilsOnMiller
,..
New Directions In Planning, Design & Engineering
3200 Bailey Lane .. Suite 200' Naples FL 34105
239.649.4040' Fax: 239.263.6491
wilsonmiller.com
Agenda Item No. 8e
June 6, 2006
Page 54 of 219
~..... .~ "'I' "'-.,. .f-~ it f:,f'-'~, t"'.'+~.f \' t""" :r-....,...
.\-,/~..It!'~:, \,;!...) ~ f t.:' h ;:::: H c: c (
To: Leaal Notices Department
From: Bruce Tvson-Wilson Miller Inc.
Company: Naples Dailv News
Date: 12/20/05
PIN #: N0228-007-000
File Identifier: RBDOO
Number of pages (including this sheet): Y 7'
Fax Number: 239.263.4703
RE: Leasl Notice for Neiahborhood Information Meetina
Cornme-nts.
Attached please find our request to place this public notice in the Monday, Dec. 26th
edition of the Naples Daily News. This notice is for an upcoming neighborhood meeting
on Tuesday, January 3,2006.
We have also sent this information via e-mail toyouraddressatlegals@naplesnews.com
Please give me a call at 239.649.4040 x. 6047 if you have any questions regarding this
notice.
Thank you.
Confidentiality Notice: This facsimile is for the sole use of the recipient(s). Any unauthorized review, use,
disclosure or distribution is prohibited.
411112003- 121182 Ver. 011-. KScott
CAlIa
ZSS5S-SS5-SSS
WilsOnM;lle'~
,.
New Directions In Planning, Design & Engineering
Agenda Item No. 8e
June 6, 2006
Page 55 of 219
December 20,2005
Legal Notices Department
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Advertisement for Public Participation Meeting
Meridian Village
Dear Legal Notices Department:
Per the public participation requirements of the Collier County Land Development Code, please
publish the attached notice in the Monday, December 26, 2005 edition of the Naples Daily
News.
This display advertisement should be X page in size, in type no smaller than 12 points, and
should not be placed in that portion of the newspaper where legal notices and classified
advertisements appear. Please provide proof of publication to me along with an invoice for this
display ad.
Thank you for your assistance, and please contact me should you have any questions.
Sincerely,
Attachment
Cc: Linda Bedtelyon, Community Planning Coordinator, Collier County
1212012005- 1628-40 Vee 011- CWARD
CAO<3
N022e-oor-ooo- veOR. 2U7U
Offlcu strategically located to serve our clients 800.649.4336
NBpJeS/Corporate Office 3200 Bailey Lane, Suite 200. Naples, Florida 34105 · 239.649.4040 · Fax 239.643.5716
wllsonmJ//er. com
WlIsonMIII.r.lnc. - FL Lie.' LC-C000770
Agenda Item No. Be
June 6, 2006
Page 56 of 219
NEIGHBORHOOD INFORMATION MEETING
The public is invited to attend a neighborhood information meeting held by Rock Creek
Holdings, LLC, on:
Tuesday, January 03,2006 at 5:30 PM at
East Naples Middle School
4100 Estey Avenue
Naples, FL 34104
Petition PUDZ 2005-AR-8216-Meridian Village RPUD Rock Creek Holdings, LLC, represented
by R. Bruce Anderson, Esq. Of Roetzel & Andress and Bruce E. Tyson, AICP, RLA, of
WilsonMiller, Inc., are requesting a change in zoning from Commercial (C-4) and Residential
(RMF-6) to Residential PUD. This change is to allow the existing Commercial and Residential
tracts to be developed in a unified multi-family development. The subject property, consisting of
11.60+/- acres is located in the northwest quadrant of the intersection of Airport-Pulling Road
and Estey Avenue. The property is located in Section 2, Township 50 South, Range 25 East,
Collier County, Florida, as shown below:
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Business and property owners and residents are welcome to attend the presentation and
discuss the project with the owner/developer or his agents and Collier County staff. If you are
unable to attend this meeting, but have questions or comments, they can be directed by mail,
phone, fax or e-mail by February 3, 2006 to:
Linda Bedtelyon
Collier County Community Planning Coordinator
Community Development and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2948
Fax: (239) 403-2395
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COLUER COUNTY
DEVELOPMENT
36
PROGENY
COMMERCE
CENTER
RADIO
SQUARE
WESTVIEW
PLAZA
SUMMERWOOD
1
FOXFIRE
MERIDIAN VILLAGE
(FOLlO#0386760501 )
BROOKSIDE
SPRINGWOOD
WINTER W
PARK CJ
NORTH
DAVIS BOULEVARD (S.R. 84)
WINTER PARK
DEVOE
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ESTATE
KINGS LAKE
12
MILLER
SQUARE
COLUER COUNTY
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PROJECT: MERIDIAN VILLAGE PUD
CLIENT: ROCK CREEK HOLDINGS, LLC
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WisonMil1er, Inc_
3200 8111eylBne. &b 2DO . NapIets. Fb1da 341J5-8fm . F'hoM 239-64!N04O. Fu ~ . Web-SIe ~.com
GENERAL LOCATION MAP . .
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June 6, 2006
Page 58 of 219
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Agenda Item No. Be
June 6, 2006
Page 59 of 219
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Agenda Item No. 8e
June 6, 2006
Page 60 of 219
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(AOIRA PEREIRO
'0 BOX 7343
.APLES fL. 34101 7343
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~55 13TH AVE S srE 202
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.200 SANDPIPER Sf
'APLES FL 34102 2403
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1374 POINSETTIA AVE
~APLES FL 34101t 4014
IOMER. STEPHEN R ~ NANCY E
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.APLES t=L 34104 4314
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tAPLES IFL 34104 35b6
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BOSTON MA 02114 9507
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2351 BACuN RD
JM.ESTOWN NY. 14701 9353
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PO 80X 8209
NAPLES FL 3~101 82Q9
FORO Tli, LELAND
1565 DOLPHIN LN
NAPLES FL 34102 1521
THOHP.SCN, BRALEY.C
1207 3RD ST S SiE 1
NAPLES FL 34102 7232
BERTRONl THOMAS J
3535 AV ON WOODS CT STe 601
NAPLES FL 34104 40a4
BRYAN, KENNetH
LORNA BRYAN
1184.STEEVES,AVE
NAP.LES FL 34104 43~4
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1024 OAK FOREST DR
NAPLES FL 34104 4800
ERICKSON, Rlc.HARD & REfoECCA
1015 OAK FOR6ST DR
NAPLES FL 34104 4804
GILL'S JRAOING INC
933 AIRPORT flULLING RO N
NAPLES FL 34104 6108
Agenda Item No. 8e
June 6, 2006
Page 61 of 219
..
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.... ~LLL;> tKAU.lNb. l.U J.NC:
933 AIRPORT PULLJNG.RD N.
NAPLES FL 34104..6108
HUMPHRIES, KENNETH ~ WANDA
1150 STEEYES AVE
NAPLES FL 3~1044314
_ MCCAUSLAND~ FRANCINE
1002 OAK FuRESTDR .
NAPLES FL 34104 4803
_ MIU.KAN, BIU'AN. A
1&20 OAK FOREST'OR
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NEADER" JOHN'F
- DIANE.. p\. DUMAS
3540 AVION.WOODS CTSTE ~01
NAPLES FLi,34104 4081'
OAK FORESr'HOMEOWNERS ASSOC IN
1055 OAK FOREST DR
NAPLES FL. 3~104. 4813
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45.03 ROsEl. CT
MAPLE S FL 34104 4lt46
_ PUNWASI1 -SHARDA WANDANA.
1003 CAKOINALST
NAPLES FL 34104 4401
STOHE1 WILLIAM L
- 3386 POINSETTIA AVE,
NAPLES FL.3~104 4014
VILLEGAS. JDRGE R & GUADALUPE
1051 SAN REMO AVE
NAPLES FL 34104 4018
_ WITZKE. MAUREEN.
WITZKE! JU,RY L
1004 0 K FOREST.DR
NAPLES FL 34104 4803
~ tl~gDII'&/~~NDA R
PO BOX 1109
NAPLES FL 34106 1110
'-
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BOYD, HILLARY.VIRGINIA
3371.HIBISCUS ST
NAPLES FL;3~104 4009
KEYESf KEVIN J , VALERIA
3135 ERRACE AVE
NAPLES FL 34104.4398
~~f~l~lo~A~gij~~'CT sre ~OZ
NAPLES FL 34104 4087
MIRZlAI I. AHMAD
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NAPLES FL 34104-4008
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4503 RO~EA CT
NAPLES FL 34104 4~46
ROACHI. CLAYTON
1051 uAK FOREST. DR
NAPLES FL 34104.4813
SULLIVAN! JAMES H
1155 STEeVES AVE
NAPLES FL 341n4 4314
WALLACE! ELEANDR.
3540 AV ION: WOOD S 'CT STE 403.
NAPLES FL 34104~~087.
YOUMANS. WILlIAAH P
JA51N. M YDUKANS
3555 AVIDN. waODS CT STf 50~
NAPLES FL 34104 4097
FLETCHERI MARGARET
6721 LIV NGSTON HOODS LN
NAPLES FL 34109 3833
Agenda Item No. 8e
June 6, 2006
Page 62 of 219
}~
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933 AIRPORT PULLING,RD N
NAPLES FL 341046108
. HUMPHRIES. KENNETH t WANOA
1150 STEEYES AVE
NAPLES FL 34104 1t314
. MCCAUSLAND!. .FRANCINE
1002 OAK FuREST,OR
NAPLES FL 34104 4803
_ HILLKAN. BRU,N. A
1020 OAK FOREST,OR
NAPLES FL 34104 4800
NEADER.,- JOHN.F
- DIANE, I'l /lOMAS
3540 AVION WOODS CTSTE 401
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OAK FORESr'HBHEOWNERS,ASSOCIN
1055 OAK FOREST DR
NAPLES FL 34104 4813
_ PUNWASI!. RAOJINDREPERSAD
45.03 ,R05EA CT
NAPLES FL 34104 4446
_ PUNWASI., SIiIARDA WANDANA
1003 CARDINAL sr
NAPLES fL 34104 4401
_ STONE.! WILLIAM L
3386'POINSETTIA AVE
NAPLES FL 34104 4()14
_ VILLEGAS, JORGE R & GUADALUPE
1051 SAN REMO AVE
tUPLES fL 34104 4018
'-
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WITZKE. MARY L
1004 OAK FOREST.DR
NAPLES FL 34104 4803
"" HOOD TR, WANDA R
urD 11/8/89
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BOYD, HILLARY VIRGINIA
3377. HIBISCUS ST
NAPLES FL;341044009
KEYES, KEVIN J & VALERIA
3135 TERRACE AVE
NAP.LES FL'34104.4398
KCGUIRKl CAROL A
3540 AV ON WOODS CT srE ~02
NAPLES FL 34104 4081
HIRlIAl r. AHMAD
Z AZAR GALLERY,
989 AIRPORTRO S
NAPLES FL 34104 10348
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PHASE ONE LTD
3100 NORTH RD
NAPLES FL 34104 4607
OSORIO, FRANCISCO TORRES
NIURKA G OSORIO
3383 ESTEY ,AVE
NAPLES FL 34104 4068
PUNWASI! RAOJINDREPBRSAO
4503 RO:iEA CT
NAPLES FL 34104 4446
ROACHf. CLAYTON
1051 OAK FOREST, OR
NAPLES FL 34104.481.3
SULLIVANt JAHES H
1155 STEeVES AVE
NAPLES FL 341104 4314
WALLACE. ELEANOR,
3540, AV ION WOODS'CT .STE 403,
NAPLES ' FL 34104:4087
YOU"ANS, WILLIAA" P
.J AS IN ," Y OUliANS
3555 AVION WOODS cr STe 504
NAPLES FL 34104 4097
FLETCHER, MARGARET,
6721 LIVINGSTON WOODS LN
NAPLES FL 34109 3833
Agenda Item No. Be
June 6,2006
Page 63 of 219
"lJ
1026 OAK fDRE.SY'OR
NAPLES FL 34104 4800
LA GUfRRE, Sl~ONIE ~ JEAN R
3352 PDINSETTLA AVE
NAPLES FL 3.104 401.
~CLAUGHLIN, GWENDOLYN
~S55 AVION WOODS CT sre 501
~APLES FL 3'UD4 4097
URZIA1.t AHMAD
'89 AIRI'ORT RO S
4APLfS 1'L 34104 4348
IEBUS FAMILY LIMI~ED PRTNRSHP
't1ASe TWO LTD
1100 NORTH RD
IAPLES F1. 34104 4807
'ARK, ROGER W & KAREN 0
044 OAK FOREST DR
IAPLES f'L 34104 4811
UNWASI, RAD4lNDREPERSAD
503 ROSEA CT
APlES FL 34104 4446
ANDNER. DOUGLAS
042 OAK FOREST DR
APLES 1'L 34104.4611
HfGENUSr MOIse & EMMELINE
3B6HI81SCUS S1
APLES :FL 341M 4010
EIDENMILLER, CASEY
ARK L WOOU NGER
059 ESTEY AVE
A~LES FL 34104 4307
JLEY, 8LAI R A
20 EDGEHERE WAY S
~PLES FL 34105 7107
:ALOGNA, 40SERH
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n........... 4'L I..UI..C t(
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NAPLES FL 34104.48Ll
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1101 STEEVES AVE
NAPLES FL 34104 43L4
MILl~R & TERaNCE M & DIANA. 8
1126 STEEVES AVE
NAPLES FL. 34104 43~4
NAPLES REALTr.ADVISORS LLC
1361 AIAPORT PUlLIN!; RD N
NAPLfS FL 34104 3315
NEBUS~ JAKES P & IVY JEAN _
3100 NOllH RD
NAPLES FL 34104 4&07
PITTMAN JR~ ~EORGE B
1031 QAK FuREST DR
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SIG"OND~ SCOTT K & STERLING.C
1046 OAK FORaST OR
NAPLES FL 34104 4~Ll
TOMASIC, DIANA
1031 OAK FOREST OR
NAPLES FL 34104 4~12
WELLS, TAYLOR.C
lOll.UAK FOREST DR
NAPLES FL 34104 4804
SCLAFANI!. RI.GHARD J ......
PO.80X 473
NAPLES FL. 34106 047.3
SCALOGNA, 40SEPH. '_
0031 WAX"YRT~E WAY.
NAPLES FL 34109 5938
Agenda Item No. 8e
June 6, 2006
Page 64 of 219
-.
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3352 POINSETT~A A~
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~555 AVION WOODS CT sre 501
~APLES FL 341~ 4097
HRll AI. AHMAD
~69 AIRPORT RO S
-4APLES .fL 34101, 4348
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UOO NORTH RO
UPLfS f'L 34104 4801
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L044 OAK FOREST OR
CAPLES FL 34104.4811
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,503 ROSEA CT
IAPLES FL 34104 4446
iANDNER. DOUGLAS
.042 OAK FOREST DR
IAPLES FL 34104 4611
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1386.HI6 SCUS ST
IAPLES :f'L 3410lt 4010
IEIOENHILLER. CASEY
iARK L WODLIHGER
.059 ESTEY AVE
IAf>LES FL 34104 4307
OLEY. BLAIR A
20 EDGEHERE WAY S
:APLES FL 34105 710.1
CALOGNA. .lOSEP.H
HYLLIS SCALOGNA
031 WAX MYRTLE HAl
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..,...'-.....,.. n.......uL.c. I(
1040 OAK FOREST DR
NAPLES FL 34104.48kl
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11b1.STEEVES AVE
NAPLES FL l41~ 43~4
"ILLER & TERENCE" & DIANA.8
1126 SlEEVES AVE
NAPLES FL 34104 4314
NAPLES REALTY. ADVISORS LLC
1361 AIRPORT PULLING RO N
NAPLES Fl341043315
NE8US~ JAMES P & lVY JEAN
3100 NORTH RD
NAPLES Ft. ~104 4807
PITT~AN ~R~ ~EORGE B
1031 OAK FoREST DR
NAPLES FL34104 4812
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1003 CARDINAL ST
NAPLES FL 34104 4401
SIG"ONO. SCOrT H& STERLING.C
1D46 OAK FOR~ST DR
NAPLES FL 34104 48~1
TOMASICy DUMA
1037 OAK FOREST DR
NAPLES FL 31tl04 48'1.2
WELLS! fA. n.OR. C
1011 UAK FOREST DR
NAPLES FL 34104 4804
SCLAFANI, fU&.HARD .I ._'
PO BOX 473
NAPLES Fl 34106 04L3
SCALOGNA, JOSEPH
6031 WAX"YRTlE WAY
NAPLES FL 34109 5938
Agenda Item No. 8e
June 6, 2006
Page 65 of 219
-.
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DIMITRI SOlTAN
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JTD OS/28/98
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~APLE5 FL 34117 .3223..
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5610 CYNTI:UA LN
NAPLES Fl 34112 2309
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PD,BO ..336
GODDLANO FL:34140 0336
HAWN, DAVID L.t KATflRYN A _.
l020WRIGHTS AVE
CONNEAUT OH 44030 1538
LUEDT..KE:t MARY. A
6947 HAURIC OR
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FAYARD ~Rt AL.O F
106 CAMERON DR
GREI~A LA.7005673L3
HDTIVAENTEReRISfS LLC
TAX DEPY PROP.ERTY
PO,BOX 't369
HOUSTON rx 71210 4369
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Agenda Item No. 8e
June 6, 2006
Page 66 of 219
.~
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5610 CYNTHIA LN
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ROY G STEARNS TRUST
UTO OS/28/98
541 23RD ST SW
NAPLES fL 34111 3223.
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~OBIN RAE rALOHBl~ID
L571 BUNKER OR
:HESTERTON ~N 4630~ 8852
~YAN, PATRICIA J
~ KACl YNN. RG
:XCELSIOR KbI 553.31 1918
~AYARO JR!. AL~O F
.06 CAf'\ERuN OR
;RETNA LA 70056 7313
COLLIER CNrf ~
3301 TAHIAHI TRL E
NAPLES . fL 34112 39b9
L FAYARD FAKlLY LTB PRTNRSHP
5610 CYNT.HIA LN
NAPLES FL 34112 2309
KRANlJ.PAUL R & JACKI
PO. BOJ;..336
GCODLAND FL.34140 0336
HAWN, DAVID L &.KATflRYN A
102DWRIGHTS AVE
CONNEAUT OH 44030 1538
LUEDTJO:, MARr. A
6941 HADRIO DR
DEHOTTE IN 46310 9411
FAVARO JR. AL.'O F
106 CAHERON DR
GRETNA LA 70056 7313
HOTIVA,ENTERPRISES LlC ~
TAX. DEFT PROP.ERTY
PO.BOX 4369
HOUSTON TX 77110 43b9
Agenda Item No. 8e
June 6,2006
Page 67 of 219
.-
\
1 _~
,l\
... :>\.nUUL. Ul ~ I IU CT - CDLL I ER ' eNTY
LORENZO WALKER INSTITUTE
X SUPERINTENDENT
51750SCEDI.A'TRL
NAPLES FL.34109 0919
DEVER! DELVER F.& LOIS L
- 8733 ~EDAR HAMMOCK BLVD.
NAPLES FL. 34112 3303
BRYANt ROBERT R & DDROT~Y
213,PKICE ST,
NAPLES FL 34113 8138
ROCK '. CREEK.. HOLDINGS LLC
- PO, BOX 122
~DHONTON KY 42129 0122
_ HAHN" DAVID L' & KATI:tR YN A
l020WRIGHTS AVE
CONNEAUT OH:44B30,IS38
_ 1.UEDTKE.! MARY, A.
6947.MAuRID DR
DEHOTTE IN 46310 9411
-FAY ARD JRt AL. 0 F
- 106 CAMERoN DR
GRETNA LA 70056 7313
REHAKt LESLIE E
- 3150. :>OUTH HARBOR
CHANNEL ISLAND
OXNARD CA 93035
00116
TANNEHILLl TATlANA
DIMITRI SuLTAN ,
7180 HILL.PONDCIR
NAP1.ES FL 3~109 1777
~~il5~~6kat~A~ R
ANGEL. GAUClA
4560 BAVSHORE DR,APl 114
NAPLES' 17'"- 34112 6519
BaYANt ROBERT:R & OOROTHY.P.
211 ( PKI CIE ST
NAPLES FL 34113 8438
ROCK, CREEK HOLDINGS LLC
PO BOX; 122
EDMONTON KY 42129 0122
PALOMBIZIO, ROSIN & TODD
1571 BUNKEK DR
CHESTER TON IN 46304 8852
BRENNAN, WILLIAM E & PHYLLIS 4
30770 OLD STREAM ST
SDUTHFIELD HI 48076 5344
FAYARD.JR~ AL'O.F
106 CAHE~uN OR
GRETNA 1.A 70056 7313
WINTER~'HELHUT & ILONA
EICHfN:>>TUSSE 12
HAIN&URG
GERMANY
0-6.3512
Agenda Item No, 8e
June 6, 2006
Page 68 of 219
,tp
t;;;,; ~l."UUL UJ.~IKICI CULLIER eNTY
LORENZOHALKER INSTITUTE
% SUPERINTENDENT
5715.0SCEDLA'TRl
NAPLES Fl ~41 09 0919
DEVER~ DELVER F,& LOIS L
- 8133 l;EDAR HAMMOCK BLVD
NAPLES FL. 34112 3303
BRYAN. ROBERT R & DOROTHY
- 213,PRICE ST.
NAPLES FL 34113 8438
ROCK.. CREEK.. HOLDINGS LLC
- PO; BOX .122
EDMONTON KY 42129 0122
HAWN, DAVID L1& KATHRYN A
- 1020 WRIGHTS AVE
CONNEAUT OM 440301538
_ LUEDTKE! MARY. A
6947 - MAUR 1.0 DR
DEMOTTE IN 46310 9411
-FAYARD JR~ AL.D F
- 106 CAMERuN DR
GRETNA LA.70056 7313
REHAKl LESLIE E
- 3150 ~OUTH HA.RBOR
CHANNEL ISLAND
OXNARD ell. 93035
00118
TANNEHILLl TATIANA.
DIMITRI SOLTAN .
7180 HILL,PONDCIR
NAPLES FL 34109 1177
CALICIA~. MARIA R
PABLO" C~OE;HD.
ANGEL GAL..IClA
"560 BA YSHORE DR. APT IH.
NAPLES Fl HIl2 6519.
aRYAN~ ROBeRT~R & OOROTHY.P
Zll,PKICE ST
NAPLES FL 34113 8438
ROCK.CREEK HOLDINGS LlC
PO' BOX; 122
EDMONTON . KY "2129 0122
PALOHSIZIO. ROBIN & TODD
1571 BUNKER DR
CHESTERrO~ I~ 4630~ 885Z
BRENNAN, WILLIA" E & PHYLLIS ~
30770 OLD STREA" ST
SDUTHFIELD HI "6076 5344
FAYARD JRf AL'O.f
106 CAMERoN DR
GRETNA LA 70056 7313
WINTe~fHELMUT & ILONA
EICHE~TRASSE 12
HAl N8URG
GERHANY O-b351Z
Agenda Item No. 8e
June 6, 2006
Page 69 of 219
\\.
COLLIER COUNTY GOVERNMENT
DEPT. OF'ZONING & lAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
..., 7 .l/ Agenda Item No. 8e
f '1( June 6, 2006
2800 NORTH HORSESHOE Di'tW 70 of 219
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PUDZ-200S-AR-8126
PROJECT #2005050070
DATE: 8/4/05
KAY DESELEM
.~.
PRE-APPLICATION MEETING NOTES
.:;...----'._-~~"~.p~:f)-R~e'i;'ne{];Pl.fo-iCJ,Pult~Re~;~'"e0 'PW, Amend~~1'\f'~:.... .... . ...."....
.. ... ' , :~ ,',
Date: 5"-2'=--05 Time: 3 I S Firm:~n.lc.c..~~ l ~ru~ 11,{5t>(\<QJW,\~HI[b.r
Proiect Name: 'ROCK C\t.all 1'UD
Applicant Name:
Owner Name:
Phone:
Phone:
Owner Address:
City
State
ZIP
Existing PUD Name and Number tJ / A
=~T~:; 2-t. ~.{s ~% HI
-"'..........." ;",.,~;.t ~~~tf~b~wll\.;u.. I":-r Cle.. \32. !-II'- ,
Submittal Requirements (refer to application for additional requirements) \ '-to ~ .3 s-to n~s
-2.on.c.J. Rtw\ f -fo (".70 02'
24 Copies of the following: , ( ( ) y
(~ 1 additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) C-,. t.f .q b a..c..
~ Completed Application
M Pre-application Meeting Notes
~ Conceptual Site Plan 24X 36" and One 8 V2 X 11" copy
L8' PUD document and Master Plan plus one 24" x 36" copy of the Master Plan
2 Copies of the Following:
~ Deeds/Legals & Survey (if boundary of original PUD is amended)
I List identifying Owner & all parties of corporation ~t.c:.d. ~m ~ U('W~~ eovrt-ro I
Owner/Agent Affidavit signed & notarjzed
Completed Addressing Checklist
4 Copies of the Following:
& Environmental Impact Statement (EIS) or waiver
~. Historical Surveyor waiver request ~ II' AlI1f\ -dO boJo\ t... \~ e:s\f' ~~ Rc\
,g] Utility Provisions Statement '11',' ,I{.t':'''~
IbJA Architectural rendering of proposed structures
l1JA Architectural Review required
181 Survey, signed & sealed
$ {Y'O-.t\ ?O~trr\ cR 5' ~ l~ ,,"'- A.t ~rorr ~
~(w- c..oosW ~~ ~2:0....a Z:O~
)it' Seven (7) Traffic Impact Statement (TIS) ,"" .. _I, -.
g Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400'
~ One (1) Electronic copy of all documents in Word format and plans (CDRom or Diskette)
1Zf One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe
at (239) 435-2122.
Fees: Applic~tion Fee:
Agenda Item No. Be
June 6, 2006
~$10,OOO (PUD Rezone) + $25 per acre (orfraction thereof) Page 71 of219
o $8,000 (PUD to PUD) + $25 per acre (or fraction thereof)
o $6,000 (PUD Amendment) + $25 per acre (or fraction thereof)
,',
i
$150.00 Fire Code Review
$2,250.00 Comprehensive Planning Consistency Review
$500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app
meeting shall not be credited towards application fees and a new pre-application meeting will be required.
[81' $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily
News).
~_._. $303:00--tegCiI-A-dvertising'-Fee for BCCmeeting'- ---.----- --------,.--..-----,.-..----.--.- -.,-"
m $1600.00 Environmental Impact Statement review fee
~ Property Owner Notification fees. Property Owner Notifications $J .00 Non-certified; $3.00 Certified return
receipf mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review)
Fee Total $
I
1'- ." Meetlngrto.tes
~~\ 1;J/c,.Uetio,J ~&Ji~
AT 'nln-:e r!Jp ~bP - ~ rRf:=-"'::. t:wmr-. {JWIYJfr
{ 970 /\0, . r C iztfvt... r.o,.--e.s...Rn Jr" e t~ ~ n -- I "'" -L1)c
~ n dc-nl Gvtic~ rNtJ..~ I"~ \11 0<;"'
I
?-ClcJ(: ts. ~\.I~l')~~N~ 'NBA-l PI 1b "\A'\M~ .
r:::.vlP/j;;;f/{. f,.r ~ (1.",.- '-/~ w~.k. (-fl- 6-'~
4:~ ~;; ~\~~:s ~~)~~::::u~s .
t>vr ~c\.t..C . t..."o~h<3a~--, ~~,c;.e.. ~~ t~U\(~~
LI~~ ~~ tJlK ?~~
f~
C8*fo f~4: P"''''I~ ~~ ~t.C~ l.V'J tJlpl~ 5" ~ll.fPt..cc..4<.<.
ref.u..f-G ~ J ~tfk S; ~ - ~c..c-" c;.kDu1/A~t':~c:.. ""'"~"u.r..NG r,M1't:4;
AMI. f>(1)~'dr~ c:l.~". k-J c:.o.,A.c..U'\-~ foe-. rr6't.CJ\-. ~ ~ ~ !,~
COoft, o~,'~ f-c:I "6-1~ \. ~
fl..c" C ..... H A
Revised January 11 , 2005
G:\Current\Pre-App forms\PUD pre-app.doc
Agenda Item No. 8e
June 6, 2006
Page 72 of 219
MEETING NOTES
If. 1,8 cu~ ~
II. 1- L.M ~ M' .. -7l{fJ. 'J, clu..l
'---'--'ii:<i~-~-:'-i'----' -- -........ -.._..- .. "'7- f~ -3~ . ...-- ~...;_;__m..
11(11.5" duS
f!.tI1ftLrJ-U"t "IV. ",. <=:OM.~c..tc- J -.,
VLt\A.~ ~ (p c. c.o~,~ .\,..." fOL"~) ~
c.:J p"' tit; cI u It:...-
~ .Jul~
Agenda Item No. 8e
June 6. 2006
~ u~'"' 7S v[ :. 1 =
I
Pre-Application Meeting
SIGN IN SHEET
PROJECT NAME
DATE OF MEETING
,
ASSIGNED PLANNER: Kay Deselem . Department of Zoning & land Development R~view
Phone Number 239-213-2931 E-Mail Addresskavdeselem@collieraov.net
1~"':'PI~.~~pri~t::".. ....'1
Nt
h/L.€ COq~
.f;:NG,eVW
b,I./\ 1()'I\Vl'('\ h. (
(;,.59-6)51
f Zc "j-U..J
F: re-Appslrevised sign in sheet 10-26-04.doc revised: 8/5102, rev. 9/23/04
-'--
Agenda Item No. 8C
June 6, 2006
Page 74 of 219
COLLIER COUNTY
FINANCIAL ADMINISTRATION AND ROUSING DEPARTMENT
eRfl~e~,~r~'FNJlf:.'8R~tif~QHt5ictliRC103'2331
EXPE01TE'D R,EVteW
. ,.-. .-.----...-....----.......---.---..--. _...- ---'--'-'- '. ---...-.... -,._---.--.. -.-.-..-.....
Name of develo~nt: Rookc.ree.kPUO,
LocatJomNJo.rthwestcuadranldfA1:roort ROad ahdEstev Ave.
Applicant .lAgent:R.Bruce Anderson. Esa..R()etz~I'and Andress.aSD Park..
Shore Drive. Naoles. Ft. S4103
Styes E Tvson', AICP. WWsonMillel'. 3200Sailev Lane:. Naoles. FL340t5
Oontactl,nformation: Internafionallnvesto"r.s. 1255 Gulfshor.eBlvd. N.. Naoles..
PL34tO~. Attn. R9aer Well's S13~673.344{)
Stze of Property : 11. 7+/~ acres
P:ro.posed Use ; Resideritls:lm1.l1t1-farnlfv
Tobit Num~r ~esidentta) Unit$PlanneGl : 140.
Numbetof Affordable Ho'Usil'i~ U:n1ts Planned:
28,. 800/0 Ml
. 60.% NIt
. SO'fo Mt
:. ~5!k MJ
Proposed Land Use Res:trictlon : ---!. PUDRestri'o(JoA Gt AHDB Agreement
_ . OeveloperAgree.me:nt
_ . Im'pact Fe$ Agreement
. Other : .
I hereby certify that the above.described project meets the deflllltionof providing
affordabt$ HOU$ingir'l Collier County a.nd as such is 'emtttled to participate tn the ,.,
CountYs"Expedited. Review .Procedure,$ofAfforda~l~ Housing" as described in
the Collier County Admll"llsttatjyeCodethtou,ghRe$Olution No. 2Q05~21..
By:: Cdr:.-qd" C{t.,'.J Date:00~
Financial Administration and Housing Department
Thls Certlflcatiol"f must be submitted to the Department of ZOf'iing and Land
Development Review with a complete develOpment .erne.. or ,development permit
appUcation package within six months of date of issu.ance.
c
o
(~t~~ 4
'"
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iii
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to ;If
"'\
Ma~ 19 05 11:42a
Cellie~ Ce. ADDRESSING
941-S59-57~enda Item No. 8~. 1
. June 6, 2006
Page 75 of 219
AJ)DRESSING CHECKLIST
Please complete the following and submit to the Addressing Section for Review. Not all items will applv to
everY pro;ect. Items in bold tvDe are required.
1. Legal description of subject property or properties (copy oflengthy description may be altached)
See Attached Description
r~ ~ So
"C.-s ~ _~, ~ ..
"2., - 5 0 - c:... 5.
2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description ifmore than one)
00386760501
00386761102
3. Street address or addresses (as applicable. if already assigned)
Corner of Airport Pulling Road & Estev Avenue
4. Location map, showing exact location ofprojectlsite in relation to nearest public road right-of-way
5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES)
6. Proposed project name (if applicable)
7. Proposed Street names eif applicable)
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
o
o
o
o
o SIPA (SIP Amendment)
o SNR (Street Name Change)
D. VegetationJExotic (Veg. Removal Permits)
12J Land Use Petition (Variance, Conditional Use,
Boat Dock Ext., Rezone, PUD rezone, etc.)
o Other - Describe:
10. Project or development names proposed for, or already appearing in, condominium documents (if
applicable; indicate whether proposed or existing) Rock Creek
SDP (Site Development Plan)
SDP A (SDP Amendment)
SDPI (SDP Insubstantial Change)
SIP (Site Improvement Plan)
o
o
o
o
o
o
o
o
PPL (plans & Plat Review)
PSP (Preliminary Subdivision Plat)
FP (Final Plat)
LLA (Lot Line Adjustment)
BL (Blasting Permit)
ROW (Right-of-Way Permit)
EXP (Excavation Permit)
VRSFP (Veg. Removal & Site Fill Permit)
11. Please Check One: J8l Checklist is to be Faxed Back 0 Personally Picked Up
12. Applicant Name International Investments Phone 513.673.3440 Fax 270.651.2904
13. Signature 011 Addressing Checklist does not constitute Project and/or Street Name approval and is subject to
further review by the Addressing Section.
FOR STAFF USE ONLY
Primary Number <6CS'1 4-
Address Number ~~.., 5
Address Number
Address Number
'APproved by nN'L ~
rrLcsr.. 0-1"""'
Date 5- F=t- OS
os- 152379 \lDr. 1)1'. CWAAD
DOl'.OOD-.D
DeselemKay -
Page 1 of 1
Agenda Item No. Be
June 6,2006
Page 76 of 219
From: Anderson, Bruce [BAnderson@ralaw.com]
Sent: Wednesday, May 25,20055:09 PM
To: SchmittJoseph; DeselemKay
Subject: FW: Rock Creek Affordable Housing; Pre App on 5/26 at 3:15
Attached is for the pre-app on Thursday at 3: 15 PM.
From: giblin_c [mailto:CormacGiblin@colliergov.net]
Sent: Wednesday, May 25, 2005 3:39 PM
To: Bruce Tyson
Cc: Anderson, Bruce
Subject: RE: Rock Creek Affordable Housing
Here you go...
-----Origlnal Message---
From: Bruce Tyson [mailto:BruceTyson@wilsonmHler.com]
Sent: Monday, May 23, 20055:00 PM
To: glblin_c
CC: Bruce Anderson
SUbject: Rock Creek Affordable Housing
Cormac, Bruce Anderson asked that I send you some details so that you could complete the form prior to
Thursday's pre-ap meeting. They Are:
Name: Rock Creek PUD
Location: Northwest quadrant of Airport Road and Estey Ave.
Application / Agent: R. Bruce Anderson, Esq., Roetzel and Andress, B50 Park Shore Drive, Naples, FL 34103
Bruce E. Tyson, AICP, WilsonMiller, 3200 Bailey Lane, Naples, FL 34015
Contact Information: Intemationallnvestors, 1255 Gulfshore Blvd. N., Naples, FL 34102, Attn. Roger Wells
513-673-3440
Size of property: 11.7+/- acres
Proposed Use: Residential multi-family
Total Number of Residential Units Planned: 140
Number of Affordable Planned: 28 @ BO%MI
Proposed Land Use Restriction: PUD Restriction or AHDB Agreement
Let me know if you need any additional information.
Thanks,
Bruce Tyson, RLA, AICP
brucetyson@wilsonmiller.com
239.649.4040
5/26/2005
cc: G. F. Archibald, P.E.
CC: Paul McAllister
295 ~ ~ ..""".. 7t.w4 34fot-N03
7ft: (1!39J etS-5()()fI '9"' (I!39J etS-5OIO
&d<<4 J-e 4lt elM... Sti'UNu t6 ~ lei- <<fl... ~ u. 4lt ~ _ u.
WilsOnMiller.
..
New Directions In Pianning. Design & Engineering
Agenda Item No. 8e
June 6, 2006
Page 77 of 219
December 2, 2005
Mr. Robert M. Skebe
U. S. Postal Service
1200 Goodlette Rd.
Naples, FL 34102-9998
Re: Meridjan Village PUD
Letter of No Objection
Dear Mr. Skebe:
Enclosed please find one site plan for the above referenced project for your review and
approval. The project site is located in Section 2, Township 50 South, Range 25 East, and is
generally bordered on the north by Rock Creek, on the east by Airport-Pulling Rd., on the south
by Estey Road and residentially zoned land (RMF-6) and to the west by residentially zoned land
(RMF-6).
Upon completion of your review, please forward an "Letter of No Objection" to WilsonMiller, Inc.,
Attn: Bruce Tyson, so that we may submit to the County.
If you have any questions, please do not hesitate to contact me at (239) 649-4040 ext. 6047.
Sincerely,
~~
Bruce E. TYSOn~ RLA, AICP
Project Manager
Ene!.
Cc: R. Bruce Anderson, Roetzel and Adress, LPA
Mike Metcalf, Intemationallnvestments, Inc.
RE-SUBMITT AL
PUDZ.200S-AR-8126
PROJECT #2005050070
DATE: 12/13/05
KA Y DESELEM
Offices stratBglcally located to urVB our clients 800.649.4336
NaplBS!COTporsts omcs 3200 Bailey Lane, Suite 200. Naples, Florida 34105 · 239.649.4040 · Fax 239.643.5716
=DOS-161808 Yor. 01!- CWARO w/lsonmlllsr.com
N022a.oo7.QO()- YeOR- 2$718
WII~lInMmttr,lnr._ - FI 11r..# {t;.r.non17Q
;".1...."""......_... "'V....... &.~
., JU~-19-20l215 09:09
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"J...."un Jll.J.LL.CoA l'1Il
-- ---.. WO.02/004
Agenda Iteriff'll0s8C .
June 6, 2006
Page 78 of 219
_~: t.
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FLORIDA DBP AIO'MRNT OF STATE
Glenda B. Hood
Secretary of State
DIVISION OF HISTORlCAL RESOURCES
PUDZ-2005-AR-8126
PROJECT #2005050070
DATE: 8/4/05
KA Y DESELEM
July 19,2005
Wynne Guglielmo
WilsonMllI=r
4S7t Colonial Blvd
Ft. M)'CIt, FL 33912
FllX: 139.939-3412
I
Dear Mr. Guglielmo:
In rcsJXlnse to your inquiry of July 7, 2005, tho Florida Master Site File lists two recorded archaeoloiical sites, and
one historioal standing structure In the following parcels of Collier County:
T50S. !USE, Section 2-
In interpreting the results of our learch, please remember the following points;
. Areas which have not been completely sUM'eyed, such as your., m..y contain
unrecorded archaeological sites or historical structures.
. While many of our recoi-da relate to historically sipifiCBllt properties, the entry of an
an:haeological site or an historical stnIcture on the Florida Master Site File does Dot
necessarily mean that the stnlcture is significant.
. Since vandalism is collUllon at Florida sites, we ask that you limit the distribution of
location informatioD on archaeological situ.
. As you may know, federal and state laws require formal environmental review for some
projects. Record searches by the staff of the Florida Master Site File do not constitute
sucb a review. It your project CaUs uDder these lawl, you should contact the
Compliance Review Section of the Bureau of Historic Preservation..t 850-245..6333 or
at tbis address.
If you have any further questions conceming the Florida Master Site File, please contact us as below.
Sincerely,
~~~~
Michelle Caldwell Cremer
Senior Archaeologioal Data Analyst
Division of Historical Resources
R. A. any Building
500 South Bronaugh Street
Tellahassoe, Florida 32399-0250
Phone: SSO-24S-<i440 Fax: 850-24$-6439
Florida Muter Site File State
SunCam: 20S--6440
Email: fmsflle@dos..tate.jl.us
Web: http://www.dos.8tateJl.UJldhr/msfl
500 S. BroDough Street , Tallahassee. FL 32399..Q150 . I1ttp:/twww.OberitlEf!.e6ft1
t:J Dml:lO(1 omca 0 Atchuglapc.l RNurch C lib tadc rre.,1VPbm C HUtorkal MUH'lUnI
;0) 24$-6100 · :PAX: 245-6435 (850) ~. PAX: ~ (850) 24$-&333 · FAX: 2e.6437 (8.50) 2.45-&lOO . PAX: 245-6453
t:I pah1\ Buch algitala1 Offlcc 0 it. AupItI:I_ Rqi02l&1 Of&. 0 T.unpa ll.epcmaJ OHice
(56'1) 219-1475 . PAX: 279-1476 (904) ~04.! · FAX: S~-804.4. (813) 2720384$ . FAX: 272-2340
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Agenda Item No. 8e
June 6, 2006
Page 80 of 219
WilstJnMiller.
...
New Directions In Planning, Design & Engineering
MERIDIAN VILLAGE
REZONE TRAFFIC IMPACT STATEMENT
11.68:1: Acres located in Section 02
Township 50 South, Range 25 East
Collier County, Florida
Prepared For:
Rock Creek Holdings, LLC
. 200 American Ave.
Glasgow, Kentucky, 42141 :;'.
Prepared By:
WiISlinMiller
"
New Directions In Planning, Design & Engineering
Wilson Professional Center
3200 Bailey Lane, Suite 200
Naples,FL 34105
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July, 2005
PUDZ-ZOO5-AR-8126
PROJECT #2005050070
DATE: 8/4/05
KAY DESELEM
Offices strategically located to serve our clients' 800.649.4336 wllsonmlller.~m
Agenda Item No. Be
June 6, 2006
PageB1of219
Project Location & Description
Site Location - The subject property is an irregularly shaped 11.68 +/- acre parcel on the north
side of Estey Avenue west of Airport Road. The southern edge of the parcel fronts Estey Ave.
The property is located in Section 02, Township 50 South, Range 25 East. A site location map
is shown in Figure 1.
Project Description - The site is proposed for residential use at 120 multi-family dwelling units.
Access to the site will be from Estey Ave and Steeves Ave. A site plan is shown in Figure 2.
The assumption in this analysis is the project build out will be in 2008.
Figure 1 - Site Location
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Agenda Item No. 8e
June 6, 2006
Page B2 of 219
Trip Generation
The ITE Trip Generation Report, 7th Ed. was used to estimate the number of trips for 120 multi-
family dwelling units. For land use 230 (CondominiumlTownhouse), the trip generation
characteristics are 47 trips entering, and 23 trips exiting in the peak hour of the 4 p.m. to 6 p.m.
period. The complete trip generation report is contained in Appendix A. Table 1 shows the trip
generation summary.
Table 1
Trip Generation Summary
Trip Generation Rates from ITE Trip Generation 7th Ed.
Site Access & Project Trip Distribution
Figure 3 indicates the projected distribution of project traffic. Figure 4 shows these percentages
applied to the peak hour project traffic by direction.
Figure 3
Project Traffic Distributions (Percentages)
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100.0 100.0
Davis Blvd.
37.9 37.9
38.2 38.2
Estey Ave. 38.4 38.4
75.0 2.0
75.0 75.0
-0 34.6 34.6
0::
t
0
0- 34.6 34.6
....
:.a:
34.6 34.6
10.6
1.0
25.0 75.0
25.0 75.0
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Agenda Item No. 8e
June 6, 2006
Page 83 of 219
4
Figure 4
PM Peak Hour Project Traffic
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18 9
23 47
Estey Ave. 18 9
35
12 17
~ 8 16
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0 8 16
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Davis Blvd. 8 16
0 5
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Area of Influence
The area of influence was defined to be those road segments on which project traffic exceeded
a threshold percentage of the peak hour service volume for the road - the threshold determined
by whether the road segment is designated as an A, B, or C link. Table 2 shows the road
segments analyzed, their designation, threshold percentage, peak hour project traffic, service
volume, and whether the segment will be "significantly" impacted. The table indicates that the
impact of project traffic on Airport Rd. is deminimis.
The intersection of Airport Road at Estey Ave. was analyzed for the PM peak hour condition. In
addition, the intersection of Estey Ave. at the Project Entrance was analyzed as an un-
signalized full movement median opening.
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Agenda Item No. 8e
June 6, 2006
Page 84 of 219
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Table 2 - Impact of Project Traffic on Airport Rd.
Estey Ave. to
Radio Rd.
60
5
4,100
A
3
553 S or W 18
0.4
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Estey Ave. to
Davis Blvd.
60
5
4,100
A
3
553 S or W 8
0.2
y
Arterial/Collector level of Service Analysis
The 2004 peak hour peak direction traffic volume on Airport Rd. between Davis Blvd. and Radio
Rd. was inflated one year at the historic annual average growth rate to estimate 2005
conditions, and four years to estimate 2008 conditions. Table 3 indicates that the estimated
traffic for 2005 is operating at an acceptable level of service. Estimated traffic in 2008 is
projected to operate at an acceptable level of service with or without the addition of project
traffic.
Table 3
. level of Service on Airport Rd. Between Davis Blvd. and Radio Rd.
4,100 2,370
Notes: 1) 2004 AUIR
2) Count Station #553
3) 2004 Traffic inflated one year at historic average annual growth rate.
4) 2004 Traffic inflated four years at historic average annual growth rate.
5) Fi ure 4
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Agenda Item No. Be
June 6, 2006
Page 85 of 219
6
Intersection level of Service Analysis
Wilson Miller collected PM peak hour turning movement counts at the intersection of Airport Rd.
and Estey Ave. on June 22, 2005. These counts were inflated using a peak season factor for
the week of the count from the Florida Department of Transportation's permanent count station
in Collier County. This produced an estimate of turning movements during the PM peak hour
during the peak season. These 2005 peak season peak hour volumes were inflated three years
at the same inflation rate used for the road segment volume in Table 3, to estimate background
traffic conditions in 2008. Project traffic turning movements are consistent with Figure 4.
Intersection geometry observed when the turning movements were collected was used for the
2008 background traffic condition. The applicant has agreed to supply an additional eastbound
left turn lane at the intersection of Airport Rd. and Estey Ave, to minimize the likelihood of the
left turn queue developing back to the project entrance. This additional turn lane appears in the
2008 background plus project condition analysis.
Estey Ave. background volumes in 2008 at the project entrance are the sum of entering
(eastbound) and exiting (westbound) volumes at the Airport Rd. intersection. Project traffic
turning movements are consistent with Figure 4. To be conservative, this entrance was
analyzed for 100 percent of the project traffic, though in reality, some of the traffic to and from
the west will utilize Steeves Ave.
Appendix B develops the turning volumes on which the intersection analyses are based, and
contains intersection geometry diagrams and Synchro level of service reports.
Table 4 summarizes the intersection level of service results. The intersection of Airport Rd. at
Estey Ave. is operating at an acceptable level of service in 2005, and is projected to operate at
an acceptable level of service in 2008, with or without the addition of project traffic.
Table 4
Intersection. levels of Service Summary
Airport Rd. at
Estey Ave. B 15.6 B 18.0 C 24.5
Estey Ave. at
Project Entrance N/A N/A N/A N/A B 13.3 ..
... Delay is for Exitin Traffic
The entrance to the project will experience acceptable level of service as an un-signalized full
median opening, with exiting project traffic controlled by a stop sign. The Synchro report is in
Appendix B.
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Agenda Item No. 8e
June 6, 2006
Page 86 of 219
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Conclusions & Recommendations
This project has a deminimis impact on the arterial road system. Airport Road from Davis Blvd.
to Radio Rd. is operating at an acceptable level of service in 2005 and is projected to operate at
an acceptable level of service in 2008 with or without project traffic. The intersection of Airport
Rd. at Estey Ave. is operating at an acceptable level of service in 2005 and is projected to
operate at an acceptable level of service in 2008. The applicant agrees to provide an additional
eastbound left turn lane at this intersection no later than the completion of the project.
At the project entrance on Estey Ave., exiting project traffic will operate at an acceptable level
of service with a single exiting lane controlled by a stop sign.
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Agenda Item No. 8e
June 6, 2006
Page 87 of 219
RE-SUBMITI AL
PlnD~200S-~-8126
PROJECT #2005050070
DATE: 12/13/05
KAY DESELEM
A Phase One Archaeological Assessment of the
Meridian Village PUD Parcel,
Collier County, Florida
by
John G. Beriault, B.A.
I
I.
conducted under the direction of
Robert S. Carr, M.S.
Archaeological and Historical Conservancy
4800 SW 64th Avenue Suite 107
Davie, FL 33314
(954)792-9776
archlgcl@bellsouth.net
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for
Rock Creek Holdings, LLC
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AHC Technical Report #652
September 2005
2005.131
Agenda Item No. Be .
June 6, 2006
Page B8 of 219
Consultant Summary
In September 2005j the Archaeological and Historical Conservancy Inc. (ARC)
conducted a phase 1 archaeological assessment for Rock Creek Holdings, LLC of the
1l.25-acre Meridian Village PUD parcel located east of the City of Naples in west-
central Collier County. The parcel was surveyed to locate sites of archaeological and/or
historical significance.
This assessment was conducted to fulfill historic resource requirements in response to
Florida's Chapter 267. This assessment was conducted in accordance with Section 106 of
the National Historic Preservation Act of 1966 (Public Law 89-665), as amended in 1992,
and 36 C.F.R, Part 800: Protection of Historic Properties. The work and the report
conform to the specifications set forth in Chapter IA-46, Florida Administrative Code.
The parcel encompasses part of Section 2 in Township 50S, Range 25E (Figure 1). The
parcel is presently cleared and undeveloped and contains climax slash pines with mowed
grass understory and a mix of both native and exotic plants along the south bank of Rock
Creek. The extreme northern portion of the parcel includes a section of the south bank of
Rock Creek, which drains into Naples Bay to the west. There are no modem structures
and no known historic structures on the subject parcel.
r-
i
The entire parcel was investigated based on aerial photograph reconnaissance and a
subsequent pedestrian survey. It was determined that the parcel area., particularly the area
adjoining Rock Creek had a moderate probability of containing archaeological sites.
Twenty 18-inch shovel tests (45 cm2) were dug across the area with negative results,
including the eleven systematically dug along the edge of Rock Creek. No archaeological
or historic sites were found.
It is the consultant's opinion that no historic or archaeological sites regarded as
potentially eligible for listing on the National Register of Historic Places occur on the
parcel.
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New Directions In Planning, Design & Engineering.
MERIDIAN VILLAGE PUD
Agenda Item. No. 8e
June 6. 2006
Page 89 of 219
COLLIER COUNTY
ENVIRONMENTAL IMPACT STATEMENT (EIS)
Prepared for:
ROCK CREEK HOLDINGS, LLC
200 American Way
Glasgow, Kentucky 42141
Prepare~ By:
WILSONMILLER, INC. .
Wilson Professional Center
3200 Bailey Lane, Suite 200
Naples, Florida 34105
. Original Submittal:
July 25, 2005
First Revised Submittal:
December 2005
Second Revised Submittal:
February 2006
Third Revised Submittal:
March 24, 2006
3RD RE-SUBMITTAL
PlnD~2005-AJl-8126
PROJECT #2005050070
DATE: 3/27/06
KAY DESELEM
Offices strategically located to serve our clients 800.649.4336 wllsonmlller.com
WiI.nMille..
Agenda Item No. Be
June 6, 2006
Page 90 of 219
New Directions In Planning, Design & Engineering
Meridian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
1
10.02.02 Submittal Requirements for All Applications
Environmental impact Statements
Information required for application.
a. APPLICANT INFORMATION.
i. Responsible person who wrote the EIS and his/her education and job
related environmental experience.
Thomas T. Trettis, PWS, CE - B.A. (Environmental Science), Professional
Wetland Scientist (PWS). Certified Senior Ecologist (CE). more than 15 years
job-related experience performing state and federal wetland determinations,
listed species surveys and management plans, permitting, and environmental
monitoring. Also assisting in the EIS document were Bruce E. Tyson. RLA, AICP,
and Craig Pajer. PE.
il. Owner(s)/agent(s) name, address, phone number & e-mail address.
Mr. Bruce Anderson
Roetzel & Andress, LPA
850 Park Shore Drive
Naples, Florida 34103
(239) 649-6200
banderson@ralaw.com
Mr. Bruce E. Tyson
WilsonMiller, Inc.
3200 Bailey Lane
Naples, Florida 34105
(239) 649-4040
brucetvson@wilsonmiJler.com
b. MAPPING AND SUPPORT GRAPHICS.
I. General location map.
A general location map, WilsonMiller Exhibit A, is included with this submittal.
ii. Native habitats and their boundaries identified on an aerial photograph of
the site extending at least 200 feet outside the parcel boundary. This does
not mean the applicant is required to go on to adjoining properties. Habitat
identification consistent with the Florida Department of Transportation
Florida Land Use Cover and Forms Classification System (FLUCFCS) shall
be depicted on an aerial photograph having a scale of one inch equal to at
least 200 feet when available from the County. Other scale aerials may be
used where appropriate for the size of the project, provided the photograph
and overlays are legible at the scale provided. A legend for each of the
FLUCFCS categories found on-site shall be included on the aerial.
A FLUCCS map, WilsonMiller Exhibit B, is included with this submittal.
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Agenda Item No. Be
June 6, 2006
Page 91 of 219
Merdian Village PUD
Collier County Envirorrnentallmpact Statement
Third Revised Submittal
2
iii. Topographic map, and existing drainage patterns if applicable. Where
possible, elevations within each of FLUCFCS categories shall be provided.
A topographic map, Wilson Miller Exhibit C, is included with this submittal.
iv. Soils map at scale consistent with that used for the Florida Department of
Transportation Florida Land Use Cover and Forms Classification System
determinations.
A Natural Resources Conservation Service (NRCS) soils map, WilsonMiller
Exhibit D, is included with this submittal.
The following descriptions are taken directly from the Collier County Soil Survey
prepared by the Natural Resources Conservation Service (NRCS). The NRCS
soil descriptions are not site-specific and some variations from these descriptions
may occur on the project site.
The soil types as mapped by the NRCS are shown on Exhibit D. Descriptions of
the soils mapped within the project site are as follows:
According to the Natural Resources Conservation Service (NRCS) soil survey of
Collier County Area, Florida, two (2) soil map units are present on the project
site. These map units, all of which are common to Collier County and southwest
Florida, include the following:
Map Symbol Soil Unit Name
Hydric Status
34 Urban Land -Immokalee - Oldsmar,
Limestone Substratum, Complex Non-Hydric
40 Durbin and Wulfert mucks, frequently flooded Hydric
*Hydric status as determined by NRCS Resource Soil Scientist Howard Yamataki for the
Collier County soil map units.
The dominant soil on the project site is Urban Land - Immokalee - Oldsmar,
Limestone Substratum, Complex. Typically the soil has been re-worked to
accommodate the construction of buildings, parking lots, or recreational areas. A
smaller portion of the site contains Durbin and Wulfert mucks. The Collier
County Soil Survey by the NRCS identifies this soil type as a hydric soil. Typical
vegetation of this soil type is a combination of red, black and white mangroves.
The following abbreviated descriptions for the site's soil units are taken directly
from the NRCS Soil Survey for Collier County:
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Agenda Item No. Be
June 6, 2006
Page 92 of 219
New Directions In Planning, DIIsign & Engin/Jerlng
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
3
Unit #34 - Urban Land - Immokalee - Oldsmar, Limestone Substratum.
Comolex. Typically, Urban land consists of commercial buildings, houses,
parking lots, streets, sidewalks, recreational areas, shopping centers, and other
urban structures where the soil cannot be observed.
Typically the Immokalee soil has a surface layer of black fine sand about 6
inches thick. The subsurface layer is light gray fine sand to a depth of about 35
inches. The subsoil is fine sand to a depth of about 40 inches. The upper part of
the subsoil is black, the next part is dark reddish brown, and the lower part is
dark brown. The substratum is very pale brown fine sand to a depth of about 80
inches. The permeability of the soil is moderate, and the available water capacity
is low.
Typically, the Oldsmar soil has a surface layer of dark grayish brown fine sand
about 4 inches thick. The subsurface layer is fine sand to a depth of about 35
inches. The upper part of the subsurface layer is light gray, and the lower part is
light brownish gray. The subsoil extends to a depth of about 60 inches. The
upper part of the subsoil is black fine sand, the next part is very dark grayish
brown fine sand, and the lower part is dark grayish brown fine sandy loam.
limestone bedrock is at a depth of about 60 inches. The permeability of the soil
is moderately slow, and the availability of water capacity is low.
In 90 percent of the soil areas mapped by the NRCS in Collier County as Urban
land- Immokalee - Oldsmar, limestone substratum, complex, Urban land makes
up about 45 percent of the unit, the Immokalee soil makes up about 35 percent of
the unit, and the Oldsmar soil makes up about 20 percent.
Unit #40 Durbin and Wulfert mucks. freauentlv flooded. These level, poorly
drained soils are in tidal mangrove swamps. Typically, Durbin soil has a surface
soil of dark reddish brown to black muck about 63 inches thick. The substratum
is dark gray fine sand to a depth of about 80 inches. The permeability in the soil
is rapid, and the available water capacity is high.
Typically, the Wulfert soil has a subsurface soil of. dark reddish brown to black
muck about 40 inches thick. The substratum is dark gray fine sand to a depth of
about 80 inches. The permeability in the soil is rapid, and the available water
capacity is moderate.
The water table fluctuates with the tide in the soil. It is within a depth of about 12
inches most of the year. The soil is subject to tidal flooding.
v. Proposed drainage plan indicating basic flow patterns, outfall and off-site
drainage.
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Agenda Item No. Be
June 6, 2006
Page 93 of 219
New Directions In Planning, Design & Engineering
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
4
The proposed drainage plan, WilsonMiller Exhibit E, is included with this
submittal.
vi. Development plan including phasing program, service area of existing and
proposed public facilities, and existing and proposed transportation
network in the impact area.
A development plan, WilsonMiller Exhibit F, is included with this submittal.
vii. Site plan showing preserves on-site, and how they align with preserves on
adjoining and neighboring properties. Include on the plan locations of
proposed and existing development, roads, and areas for stonnwater
retention, as shown on approved master plans for these sites, as well as
public owned conservation lands, conservation acquisition areas, major
flowways and potential wildlife corridors.
The site development plan, WilsonMiller Exhibit F, is included with this submittal
and shows the proposed preserves onsite. . There are no known preserves on
adjacent properties and the site is not adjacent to public owned conservation
lands, conservation acquisition areas or major f1owways. Rock Creek is located
along the northern property boundary and is a state owned, navigable water
body.
viii. For properties in the RLSA or RFMU districts, a site plan showing the
location of the site, and land use designations and overlays as identified in
the Growth Management Plan.
The Meridian Village PUD project is not located within the RLSA or RFMU
Districts.
c. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION.
i. Provide an overall description of the project with respect to environmental
and water management issues.
The Meridian Village Planned Unit Development will consist of a residential
development including parking facilities, community swimming pool, community
clubhouse, tennis courts, and stormwater management facilities. The wetlands
on the site consist of a mangrove swamp along the north end of the project
boundary. This wetland (FLUCCS #612) consists primarily of red mangrove
(Rhizophora mangle), white mangrove (LaguncBlaria racemosa), and black
mangrove (Av;cennia germinans). This wetland area abuts Rock Creek and is
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New Directions In Planning, Design & Engineering
Agenda Item No. Be
June 6, 2006
Page 94 of 219
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
5
impacted by the presence of Airport-Pulling Road and Estey Avenue. The
presence of these roads, and neighboring developed parcels, has altered the
natural flow of water on the project, and has severed any significant wildlife
corridors. Exotic vegetation consisting of ear-leaf acacia (Acacia auriculiformis),
Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomyrtus
tomentosus), and Australian pine (Casuarina sp.) has also impacted the project
site. There are approximately 0.21 acres of wetlands that occur on the Meridian
Village PUD site.
A listed species survey was performed from June 28, 2005 through July 2, 2005,
on September 12 and 13, 2005 and on November 11, 2005. Wilson Miller
ecologists observed snowy egret (Egretta thula), tri-colored heron (Egretta
caerulea) and white ibis (Eudocimus a/bus) foraging in standing water on the site
from recent rain events. Ecologists documented no wading bird roosting or nests
occurring on the project site. The Florida Fish and Wildlife Conservation
Commission (FWC) lists these wading birds as Species of Special Concern
(SSC). Enhancement of the property through exotic plant eradication, and
construction of littoral shelves within stormwater management ponds, should
favor the utilization of the site by various wading birds. Given the lack of a
significant wildlife corridor, and the small portion of wetlands on the project site,
the Meridian Village PUD site is a suitable location for development.
Historic natural drainage patterns for the area were characterized by overland
flow from the east and south. The presence of Airport-Pulling Road, Estey
Avenue, and development along Steeves Avenue has disrupted these historic
sheet flows.
ii. Explain how the project is consistent with each of the Objectives and
Policies in the Conservation and Coastal Management Element of the
Growth Management Plan, where applicable.
Goal 2
The proposed future development of the Meridian Village PUD does not impact
the County's estuarine or wetland systems. All canals, rivers, and flow ways
discharging into estuaries shall meet all applicable federal, state, and local water
quality standards. The future development of the Meridian Village PUD will be
consistent with the objectives of Policy 2.2.2 by attempting to mimic or enhance
the quality and quantity of water leaving the site by utilizing stormwater
management ponds to provide water quality retention and peak flow attenuation
during storm events.
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Agenda Item No. Be
June 6. 2006
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Merdlan Village PUD
Collier County Environmental Impact Statament
Third Revised Submittal
6
Goal 6
The Meridian Village PUD project will preserve 25% of native vegetation.
Approximately 1.23 acres of existing native vegetation will be preserved and 0.96
acres of native vegetation will be restored/created on the site, for a total of 2.19
acres. No submerged marine habitats are proposed for impact and the project is
not contiguous to natural reservations. Therefore, the proposed project is
consistent with the Objectives and Policies of Goal 6.
Habitat management, native vegetation creation/planting plans and exotic
vegetation removal/maintenance plans will be required at the time of Site
Development Plan/Construction Plan submittal. Preserve areas shall be required
to be maintained free of Category I invasive exotic plants, as defined by the
Florida Exotic Pest Plant Council.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement pursuant to Policy 6.1.8
has been satisfied.
Jurisdictional wetlands have been identified as required by Policies 6.2.1 and
6.2.2 State (SFWMD) and federal (U.S. Army Corps of Engineers) agency
permits with requirements of mitigation for impacts to jurisdictional wetlands, will
be required at the time of Site Development Plan/Construction Plan submittal.
In accordance with 6.2.6, required preservation areas have been identified on the
site development plan. Activities detrimental to preserve areas have been
excluded from the preserve areas as required by the conservation easement.
Uses within the preserve areas are in accordance with Policy 6.2.5(5)(d). . Uses
within the preserve areas shall not include any activity detrimental to drainage,
flood control, water conservation, erosion control, or fish and wildlife
conservation, and preservation.
Goal 7
The proposed project is not located within the Conservation Designation on the
Future Land Use Map, the Big Cypress Area of Critical State Concern, the
Natural Resources Protection Area, Sending Lands, or Habitat Stewardship
Areas. A wildlife survey for listed species in accordance with Policy 7.2.1 is
included in this Environmental Impact Statement (EIS). The following FWC
Species of Special Concern wading birds were documented visiting and/or
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Agenda Item No. Be
June 6,2006
Page 96 of 219
Merdian Village PUD
Collier County Envirormentallmpact Statement
Third Revised Submittal
7
foraging on the site: white ibis, snowy egret and little blue heron. No impacts to
listed species are anticipated as a result of this project. Therefore, the proposed
project is consistent with the Objectives and Policies of Goal?
Goal 11
There are no archaeological sites documented on the Meridian Village PUD
property. If, during the course of site clearing an archaeological or historical
artifact, or other indicator is discovered, development activities at that specific
site shall be immediately suspended for a sufficient length of time to enable the
County or a designated consultant to assess the find and determine the proper
course of action in regard to its salvageability. The County will respond to any
such notification in a timely and efficient manner so as to provide only a minimal
interruption to any construction activity. Therefore, the proposed project is
consistent with the Objectives and Policies of Goal 11.
d. NATIVE VEGETATION PRESERVATION.
i. Identify the acreage and community type of all upland and wetland habitats
found on the project site, according to the Florida Land Use Cover and
Forms Classification System (FLUCFCS). Provide a description of each of
the FlUCFCS categories identified on-site by vegetation type (speCies)
vegetation composition (canopy, midstory and ground cover) and
vegetation dominance (dominant, common and occasional).
The following upland communities are described below:
Herbaceous (FLUCCS #310) - The canopy and subcanopy in this area have
been previously cleared/removed, and is now dominated by herbaceous ground
cover species including bahia grass (Paspalum notatum), torpedo grass
(Panicum repens), marsh pennywort (Hydrocotyle umbellata), red ludwigia
(Ludwigia repens), and other herbaceous plant species.
Pine Flatwoods - Graminoid Understory. Exotics 10-24%. Disturbed (FLUCCS
#416 E1 (0)) - The canopy in this vegetation community is dominated by slash
pine (Pinus elliottil). Slash pine and ear-leaf acacia (Acacia auriculiformis)
dominate the subcanopy. Groundcover is dominated by bahia grass (Paspalum
notatum) with scattered downy rose myrtle (Rhodomyrtus tomentosus).
Previouslv ClearedlDisturbed lands (FLUCCS #? 40) - The canopy is sparse and
consists of only a few widely scattered slash pines. The subcanopy was
previously cleared in the past and contains scattered downy rose myrtle and
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Third Revised Submittal
8
cabbage palm. The groundcover is dominated by bahia grass with scattered
downy rose myrtle and saw palmetto (Serenoa repens).
The wetland community is described below:
Manarove Swamc (FLUCCS #612) - This coastal hardwood community is
composed predominately of red mangrove (Rhizophora mangle), black mangrove
(Avicennis germinans) and white mangrove (Laguncularia racemosa) in the
canopy. Red mangrove, black mangrove and white mangrove also dominate the
subcanopy. Groundcover, when present, is sparse and consists mainly of giant
leather fern (Acrostichum danaeifolium).
Exotic Invasion Modifiers - A significant factor in mapping local habitats is
invasion by exotic plant species such as melaleuca, Australian pine and/or
Brazilian pepper. WilsonMiller has mapped levels of exotic density and suffixes
(ie., E1, E2, E3, and E4), which have been appended to the FLUCCS code to
indicate the approximate exotics level (combined percent coverage of the canopy
and subcanopy strata), as follows:
E1
E2
E3
E4
=
Exotics 10-24%
Exotics 25-49%
Exotics 50-75%
Exotics >75%
=
=
=
Table 1 - FLUCCS Descriptions and Acreages on the Meridian Village PUD Site
FLUCCS Code FLUCCS Description Acres
310 Herbaceous 0.52
416 E1 (0) Pine Flatwoods-Graminoid UnderstorY, Exotics 10-24% Disturbed 8.01
612 Manaroves 0.21
740 Previouslv ClearedlDisturbed Lands 2.94
Total Acres 11.68
iI. Explain how the project meets or exceeds the native vegetation
preservation requirement in Goal 6 of the Conservation and Coastal
Management Element of the Growth Management Plan, and Chapters 3 and
10 of the Land Development Code. Provide an exhibit illustrating such.
Include calculations identifying the acreage for preservation and impact,
per FLUCFCS category.
The Meridian Village PUD site contains 8.74 acres of native vegetation and the
development plan will preserve 25% of native vegetation. The applicant will
preserve 1.23 acres of native vegetation and will restore/create 0.96 acres of
native vegetation, for a total of 2.19 acres. The 2.94-acres of FLUCCS 740
(Previously ClearedlDisturbed Lands) is not considered native habitat. FLUCCS
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Third Revised Submittal
9
/"" ,
740 contains no canopy or subcanopy plant species and has a ground cover that
is dominated by planted bahia grass.
The applicant will preserve 0.21 acres of FLUCCS 612, and 1.02 acres of 416 E 1
(D). Approximately 0.96 acres of the FlUCCS 740 habitat will be replanted and
restored to qualify as created native vegetation. WilsonMiller Exhibit G identifies
the acreage of each native habitat proposed for preservation and impact per
FLUCCS category and Exhibit G1 shows the locations and acreages of native
vegetation preservation and restoration/re-creation areas.
iii. For sites already cleared and in agricultural use, provide documentation
that the parcel(s) are in compliance with the 25-year rezone limitation in
Policy 6.1.5 of the Conservation and Coastal Management Element of the
Growth Management Plan and Chapters 3 and 10 of the Land Development
Code. For sites cleared prior to January 2003, provide documentation that
the parcel(s) are in compliance with the 10-year rezone limitation
p.reviously Identified in the Growth Management Plan and Land
Development Code.
The site was not cleared or in agricultural use.
iv. Have preserves or acreage requirements for preservation previously been
identified for the site during previous development order approvals? If so,
identify the location and acreage of these preserves, and provide an
explanation if they are different from what is proposed.
No preserves have previously been identified for the site during previous
development order approvals.
v. For properties with Special Treatment liST" overlays, show the ST overlay
on the development plan and provided an explanation as to why these
areas are being impacted or preserved.
The property does not contain any Special Treatment-uST" overlays.
e. WETLANDS.
i.
Define the number of acres of Collier County jurisdictional wetlands
(pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal
Management Element of the Growth Management Plan) according to the
Florida Land Use Cover and Forms Classification System (FLUCFCS).
Include a description of each of the FLUCFCS categories identified on-site
j .
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Third Revised Submittal
13
surrounding the Meridian Village PUD site. Potential listed species were
identified from the most current F\NC official List of Endangered Fauna and Flora
in Florida. Federally listed wildlife and plant species were considered to be those
identified in the F\NC publication "Official Lists of Endangered and Potentially
Endangered Fauna and Flora in Florida" (August 1, 1997). Invertebrates were
excluded from the study. Federally listed plant species were considered to be
those listed by the United States Fish and Wildlife Service (FWS) and the Food
and Drug Administration (FDA) in this same publication.
From June 28 to July 2, 2005, on September 12 and 13, 2005, and on November
11,2005 WilsonMiller ecologists perfonned meandering listed species pedestrian
transects on the subject property. The listed species survey utilized the
meandering strip census method of pedestrian transects through the various
habitats or vegetation associations. These transects resulted in a grid pattern of
observations through the various habitats on site. Once the grid of meandering
transects covered the site, additional transects through portions of the site with
the greatest possibility of observing listed species were observed. Observers
were equipped with a compass, color aerials, wildlife and plant identification
manuals, binoculars, and a field book. Along each transect, the ecologists
periodically stopped, looked for signs of wildlife or positive identification on
wildlife, and listened for wildlife vocalizations. The approximate location of any
listed species observed was mapped on aerials and recorded in field notebooks
on a daily basis. In the same fashion, non-listed wildlife species, numbers, and
general locations were recorded daily. WilsonMiller Exhibit J shows the
approximate locations of pedestrian transects performed on the site and the
location of observed species.
The surveys were conducted at various times on any given day. Surveys were
conducted such that the observations included time periods ranging from sunrise
to sunset. The listed species survey included five days of surveys that were
conducted at dusk and/or dawn. Barring seasonal conditions, the survey dates
allowed for observations during likely times of probably occurrence of the
majority of the listed wildlife species that could occur on the site. During the
survey, temperatures ranged from the high 70's to the mid 90's (degrees
Fahrenheit) and conditions ranged from cloudy to clear with calm to variable
winds.
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third Revised Submittal
Table 3 - Listed Species Survey Times
Ecol ist
Tom Trettis PWS, CE
Surve Date
June 28, 2005
Jul 2,2005
June 29, 2005
June 3D, 2005
Jul 1,2005
Se t12,2005
Se t 13 2005
Nov 11, 2005
Ethan Sadowski
Josh Houser
Tom Trettis, PWS, CE
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Surve Time
11 :OOam-2:DOpm
7:30 m-9:00 m
6:15am-9:30am
6:15am-9:25am
11:00am-1:15 m
7:15 am - 9:45 am
10:00 am - 12:05 am
6:20 am - 10:20 am
Total Time 21h 45m
ii. Identify all listed species that are known to inhabit biological communities
similar to those existing on the site or that have been directly observed on
the site.
The reddish egret (Egretta rufescens) has the potential to occur on the site, but
no individuals or nests were observed during the listed species survey. The
Florida Fish and Wildlife Conservation Commission (FWC) classifies this wading
bird as a Species of Special Concern (SSC) and is not listed by FWS.
The little blue heron (Egretta caerulea) has the potential to occur on the project
site, and an individual was observed foraging during the listed species survey.
The heron was observed foraging for a short time on one day of the survey,
There were no little blue heron nests observed on the site. The little blue heron
is listed as a Species of Special Concern (SSC) by the FWC and is not listed by
FWS.
The tri-colored heron (Egretta tricolot) has the potential to occur on the project
site, but no individuals or nests were observed during the listed species survey.
The tri-colored heron is listed as a Species of Special Concern (SSC) by the
FWC and is not listed by FWS.
The snowy egret (Egretta thula) has the potential to occur on the project site, and
individuals were observed foraging daily during the listed species survey. No
snowy egret nests were observed on the project site. The snowy egret is listed
by the FWC as a Species of Special Concern (SSC) and is not listed by FWS.
The white ibis (Eudocimus albus) has the potential to occur on the project site,
and individuals were observed foraging during the listed species survey.
However, no white ibis nests were observed on the site. The white ibis is listed
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Third Revised Submittal
15
by the FWC as a Species of Special Concern (SSC) and is not listed by the
FWS.
The wood stork (Mycteris smericsna) has the potential to occur on the project
site, but no individuals or nests were observed during the listed species survey.
This species is listed by both the FWC and the U.S. Fish and Wildlife Service
(FWS) as Endangered. With the addition of an on-site stormwater management
lake, foraging opportunities for wood storks and other wading birds that did not
exist in the pre-development condition, becomes available.
The American bald eagle (Haliaeetus leucocephslus) has the potential to occur
on the project site, but no individuals or nests were observed during the listed
species survey. The Meridian Village PUD is not located within the limits of any
primary or secondary protection zones established bald eagle nests. The
American bald eagle is listed by the FWC and FWS as Threatened.
The Eastern indigo snake (Drymarchon corais coupen) has the potential to occur
on the project site, but was not observed during the listed species survey. This
species is listed by both the FWC and FWS as Threatened.
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Third Revised Submittal
16
Table 4 - Listed Faunal Species Potentially Occurring on Site But Not Observed
Scientific Name Common FWC FWS (FLUCCS) Observed Potential for Comments
Name Status Status OccurTence
BIRDS
Egretta rufescens Reddish sse NL 612 No Low Potential
earet visitor
Egretta tricolor Tn-colored sse NL 612 No Low- Potential
heron Moderate visitor
Haliaeetus American T T 416,612 No Low Potential
leucocephalus bald eagle visitor
Mycteria Wood E E 612 No Low Potential
american a stork visitor
REPTILES
Drymarchon Eastern Potential
indigo T T 416,612 No Low
corais couperi snake visitor
FWC
FWS
E
T
SSC
NL
Habitat
= Florida Fish and Wildlife Conservation Commission
= United States Fish and Wildlife Service
= Endangered
= Threatened
= Species of Special Concern
= Not Listed
= Major FLUCCS categories in which indicated species were observed or are most likely to occur
Scientific Name Common (FLUCCS) Comments
Name
BIRDS
Egretta caerulea Little blue sse NL 416,612,740/416 Foraging visitor
heron
E relta thula Sn e ret sse NL 416,612, 740/416 Fora in visitor
Eudocimus a/bus White ibis sse NL 416,612,740/416 Fora in visitor
FWC
FWS
E
T
SSC
NL
Habitat
= Florida Fish and Wildlife Conservation Commission
= United States Fish and Wildlife Service
= Endangered
= Threatened
= Species of Special Concem
= Not Listed
= Major FLUCCS catergories in which indicated species were observed or are most likely to occur
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17
Table 6 - List of Non-listed Faunal Species Observed on the Meridian Village PUD Site
Scientific Name Common Name FLUCCS OccurTence
BIRDS
Butorides striatus Green-backed heron 416 612
Cairina moschata Muscovy duck 416 612
Cardinalis cardina/is Cardinal 416,612
Cathartes aura Turkey vulture 416
Corvus brachvmvnchos American crow 416
Cvanocitta crisata Blue iav 416,612
Me/anemes caro/inus Red bellied wood oecker 416
Mimus Do/va/ottos Mockinabird 416
Picoidesoubescens Downy WOOdpecker 416
Zenaida macroura Moumina dove 416
REPTILES
Ano/is s. sagrei Cuban anole 416
Anofis saarei Brown anole 416
Bufo auercicus Oak toad 416
Co/uber constrictor Black racer 416
MAMMALS
Sciurus caro/inensis I Gray squirrel 416
Table 7 - Listed Floral Species Observed on the Meridian Village PUD Site
Scientific Name Common Name Status Habitat
FDA FWS
Acrostichum danaeifofium Giant leather fem C NL 612
Tilfandsia fasciculate Stiff-leaved wild cine E NL 416, 740/416,434
FDA ::
FWS ::
C ::
E ::
NL ::
Habitat ::
Florida Department of Agriculture and Consumer Services
United States Fish and Wildlife Service
Commercially exploited
Endangered
Not Listed
Major FLUCCS categories In which indicated species were observed or are most likely to occur
iii. Indicate how the project design minimizes impacts to species of special
status. Describe the measures that are proposed as mitigation for impacts
to listed species.
No impacts to species of special status are anticipated for the project. The only
listed species observed utilizing the site were the following wading birds: snowy
egret, white ibis and little blue heron. These wading birds were observed visiting
and/or foraging within the shallow water areas on the site from recent rain
events. These wading bird species do not inhabit the site or have any nests on
the site. The construction of the proposed stormwater management ponds and
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18
installation of littoral shelf plants, should provide wading birds with year-round
foraging opportunities that do not currently exist on the site.
iv. Provide habitat management plans for each of the listed species known to
occur on the property. For sites with bald eagle nests and/or nest
protection zones, bald eagle management plans are required, copies of
which shall be included as exhibits attached to the PUD documents, where
applicable.
No listed species were documented inhabiting the site. However, the following
FWC Species of Special Concern wading birds were documented visiting and/or
foraging on the site: white ibis, snowy egret and little blue heron. No impacts to
listed species are anticipated as a result of this project. Therefore, listed species
management plans should be not required.
v. Where applicable, include correspondence received from the Florida Fish
and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and
Wildlife Service (USFWS), with regards to the project. Explain how the
concerns of these agencies have been met.
Letters to the FWC and FWS were sent on July 7,2005 requesting listed species
data for the project site. To date, WilsonMiller has not received comments back
from the FWS. A response letter from the FWC dated September 7, 2005 was
received and is included with this submittal as Exhibit M.
The FWC data indicates the presence of one occurrence of a nuisance Florida
black bear within Section 2, Township 50 South and Range 25 East. No
concerns were raised by FWC regarding Florida black bears.
h. OTHER.
i. For multi-slip docking facilities with ten slips or more, and for all marina
facilities, show how the project is consistent with the marina siting and
other criteria in the Manatee Protection Plan.
No multi-slip docking facilities or marina facilities are proposed for the project.
ii. Include the results of any environmental assessments and/or audits of the
property. If applicable, provide a narrative of the cost and measures
needed to clean up the site.
To our knowledge, no environmental audits have been performed on the site.
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Collier County Environmental Impact Statement
Third Revised Submittal
19
iii. For sites located in the Big Cypress Area of Critical State Concern-Speclal.
Treatment (ACSC-ST) overlay district, show how the project is consistent
with the development standards and regulations established for the ACSC-
ST.
The site is not located within the Big Cypress Area of Critical State Concern -
Special Treatment (ACSC-ST) overlay district.
iv. Soil sampling or ground water monitoring reports and programs shall he
required for sites that occupy old farm fields, old golf courses or for
which there is a reasonable basis for believing that there has been
previous contamination on site. The amount of sampling and testing shall
be determined by the Environmental Services staff along with the
Pollution Control Department and the Florida Department of
Environmental Protection.
The site did not previously occupy old farm fields or old golf courses and is not
suspected of having contamination.
v. Provide documentation from the Florida Master Site File, Florida
Department of State and any printed historic archaeological surveys that
have been conducted on the project area. Locate any known historic or
archaeological sites and their relationships to the proposed project
design. Demonstrate how the project design preserves the
historic/archaeological integrity of the site.
A letter to the Florida Department of State was sent on July 7,2005 requesting
known archaeological and historical information for the project site. The Florida
Department of State responded to our information request on July 19, 2005. A
copy of the letter received from the Florida Department of State is included with
this submittal as Exhibit K. The Florida Department of State has no record of any
archaeological or historical sites occurring on the Meridian Village PUD property.
The Applicant retained the services of a professional archaeologist to perform a
survey of the site. Enclosed please find Exhibit N, a copy of the report from the
Archaeological and Historical Conservancy. Inc. indicating the results of the work
performed on the site. The letter states that no archaeological or historical sites
were documented on the property during the archaeological fieldwork.
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MERIDIAN VILLAGE PUD
COLLIER COUNTY
ENVIRONMENTAL IMPACT STATEMENT (EIS)
Prepared for:
ROCK CREEK HOLDINGS, LLC
200 American Way
Glasgow, Kentucky 42141
Prepared By:
WILSONMILLER, INC.
Wilson Professional Center
3200 Bailey Lane, Suite 200
Naples, Florida 34105
Original Submittal:
July 25,2005
First Revised Submittal:
December 2005
Second Revised Submittal:
February 2006
Third Revised Submittal:
March 24, 2006
Agenda Item No. Be
June ~OO6
Page 10";.
....
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t~;'f}]Jjas;iB1.iif}.fJMF~ @j'fJ-r;!; 320IJ Bailey Lane. Suite 200'" NBfJ/.'JS. ,clarick 34105 0 23gS'!9AO!JG 0 1=&,239.843.5115
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Agenda Item No. Be
June 6, 2006
Page 107 of 219
Merdian Village PUD
Collier County EnvlroMlentallmpact Statement
Table of Contents
10.02.02 Submittal Requirements for All Applications
Environmental Impact Statements
Information required for application.
TABLE OF CONTENTS
a. Applicant information. ... ............ .... ... ............ ........... .......... ............. ........... .... ....... ...... ......... 1
b. Mapping and support graphics. ......... .......... .....,...... ............................................................ 1
c. Project description and GMP consistency determination..................................................... 4
d. Native vegetation preservation.... ....................................................................... ................. 5
e. Wetlands...................................... ............... ........ ............... ................................................ 9
f. Surface and ground water management........................................................................... 11
g. Listed species. .............................. ............. ........... ...................,........... ............................. 12
h. Other....... ... '................ ........ .................................................. .............. .. ...................... ..... 18
TABLES
Table 1 - FLUCCS Descriptions and Acreages on the Meridian Village PUD Site...................... 8
Table 2 - Wetland FLUCCS Descriptions and Acreages on the Meridian Village PUD Site...... 10
Table 3 - Listed Species Survey Times........................ ................................................... ......... 14
Table 4 - Listed Faunal Species Potentially Occurring on Site But Not Observed .................... 16
Table 5 ~ Listed Species Observed on the Meridian Village PUD Site...................................... 16
Table 6 - List of Non-listed Faunal Species Observed on the Meridian Village PUD Site .........17
Table 7 - Listed Floral Species Observed on the Meridian Village PUD Site............................ 17
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Collier County Environmental Impact Statement
Table of Contents
LIST OF EXHIBITS
Exhibit A - General Location Map
Exhibit B - FLUCCS Map
Exhibit C - Topographic Survey Map
Exhibit D - NRCS Soils Map
Exhibit E - Drainage Plan
Exhibit F - Development Plan
Exhibit G - Native Vegetation Impacts Exhibit
Exhibit G1 - Native Vegetation Preservation and Restoration/Re-Creation Areas
Exhibit H - SFWMD Wetland Jurisdictional Sign-off Exhibit
Exhibit I - Regional Listed Species Map
Exhibit J - Listed Species Transect Map
Exhibit K - Florida Department of State Letter and Exhibit
Exhibit L - SFWMD Correspondence Regarding Wetland Sign-off
Exhibit M - FWC Listed Species Response Letter
Exhibit N - Archeological Survey Report
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Meridian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
1
10.02.02 Submittal Requirements for All Applications
Environmental Impact Statements
Information required for application.
a. APPLICANT INFORMATION.
I. Responsible person who wrote the EIS and his/her education and job
related environmental experience.
Thomas T. Trettis, PWS, CE - B.A. (Environmental Science), Professional
Wetland Scientist (PWS) , Certified Senior Ecologist (CE), more than 15 years
job-related experience performing state and federal wetland determinations,
listed species surveys and management plans, permitting, and environmental
monitoring. Also assisting in the EIS document were Bruce E. Tyson, RLA, AIC?,
and Craig pajer, PE.
iI. Owner(s)/agent(s) name, address, phone number & e-mail address.
Mr. Bruce Anderson
Roetzel & Andress, LPA
850 Park Shore Drive
Naples, Florida 34103
(239) 649-6200
bandersonl&ralaw.com
Mr. Bruce E. Tyson
WilsonMiller. Inc.
3200 Bailey Lane
Naples. Florida 34105
(239) 649-4040
brucetvson@wilsonmiller.com
b. MAPPING AND SUPPORT GRAPHICS.
I. General location map.
A general location map, WilsonMiller Exhibit A, is included with this submittal.
ii. Native habitats and their boundaries identified on an aerial photograph of
the site extending at least 200 feet outside the parcel boundary. This does
not mean the applicant is required to go on to adjoining properties. Habitat
identification consistent with the Florida Department of Transportation
Florida Land Use Cover and Fonns Classification System (FLUCFCS) shall
be depicted on an aerial photograph having a scale of one inch equal to at
least 200 feet when available from the County. Other scale aerials may be
used where appropriate for the size of the project, provided the photograph
and overlays are legible at the scale provided. A legend for each of the
FLUCFCS categories found on-site shall be included on the aerial.
A FLUCCS map, WilsonMiller Exhibit B, is included with this submittal.
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Collier County Environmental Impact Statement
Third Revised Submittal
2
iii. Topographic map, and existing drainage patterns if applicable. Where
possible, elevations within each of FLUCFCS categories shall be provided.
A topographic map, WilsonMiller Exhibit C, is included with this submittal.
iv. Soils map at scale consistent with that used for the Florida Department of
Transportation Florida Land Use Cover and Forms Classification System
determinations.
A Natural Resources Conservation Service (NRCS) soils map, WilsonMi!ler
Exhibit D, is included with this submittal.
The following descriptions are taken directly from the Collier County Soil Survey
prepared by the Natural Resources Conservation Service (NRCS). The NRCS
soil descriptions are not site-specific and some variations from these descriptions
may occur on the project site.
The soil types as mapped by the NRCS are shown on Exhibit D. Descriptions of
the soils mapped within the project site are as follows:
According to the Natural Resources Conservation Service (NRCS) soil survey of
Collier County Area, Florida, two (2) soil map units are present on the project
site. These map units, all of which are common to Collier County and southwest
Florida, include the following:
Map Symbol Soil Unit Name
Hydric Status
34 Urban Land -Immokalee - Oldsmar,
Limestone Substratum, Complex Non-Hydric
40 Durbin and Wulfert mucks, frequently flooded Hydric
"'Hydric status as determined by NRCS Resource Soil Scientist Howard Yamataki for the
Collier County soil map units.
The dominant soil on the project site is Urban Land - Immokalee - Oldsmar,
Limestone Substratum, Complex. Typically the soil has been re.worked to
accommodate the construction of buildings, parking lots, or recreational areas. A
smaller portion of the site contains Durbin and Wulfert mucks. The Collier
County Soil Survey by the NRCS identifies this soil type as a hydric soil. Typical
vegetation of this soil type is a combination of red, black and white mangroves.
The following abbreviated descriptions for the site's soil units are taken directly
from the NRCS Soil Survey for Collier County:
3124i2Ol1&- 157278 Ver: 031- TKlNG
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Agenda Item No. Be
June 6, 2006
Page 111 of 219
New Directions In Planning, Dasigfl & Englnl18ring
Merdlan Village PUD
Collier County EnviroMlsntallmpact Statement
Third Revised Submittal
3
Unit #34 - Urban Land - Immokalee - Oldsmar. Limestone Substratum.
ComDlex. Typically, Urban land consists of commercial buildings, houses,
parking lots, streets, sidewalks, recreational areas, shopping centers, and other
urban structures where the soil cannot be observed.
Typically the Immokalee soil has a surface layer of black fine sand about 6
inches thick. The subsurface layer is light gray fine sand to a depth of about 35
inches. The subsoil is fine sand to a depth of about 40 inches. The upper part of
the subsoil is black, the next part is dark reddish brown, and the lower part is
dark brown. The substratum is very pale brown fine sand to a depth of about 80
inches. The permeability of the soil is moderate, and the available water capacity
is low.
Typically, the Oldsmar soil has a surface layer of dark grayish brown fine sand
about 4 inches thick. The subsurface layer is fine sand to a depth of about 35
inches. The upper part of the subsurface layer is light gray. and the lower part is
light brownish gray. The subsoil extends to a depth of about 60 inches. The
upper part of the subsoil is black fine sand, the next part is very dark grayish
brown fine sand, and the lower part is dark grayish brown fine sandy loam.
Limestone bedrock is at a depth of about 60 inches. The permeability of the soil
is moderately slow, and the availability of water capacity is low.
In 90 percent of the soil areas mapped by the NRCS in Collier County as Urban
land- Immokalee - Oldsmar, limestone substratum, complex, Urban land makes
up about 45 percent of the unit, the Immokalee soil makes up about 35 percent of
the unit, and the Oldsmar soli makes up about 20 percent.
Unit #40 Durbin and Wulfert mucks. freauentlv flooded. These level, poorly
drained soils are in tidal mangrove swamps. Typically, Durbin soil has a surface
soil of dark reddish brown to black muck about 63 inches thick. The substratum
is dark gray fine sand to a depth of about 80 inches. The permeability in the soil
is rapid. and the available water capacity is high.
Typically, the Wulfert soil has a subsurface soil of dark reddish brown to black
muck about 40 inches thick. The substratum is dark gray fine sand to a depth of
about 80 inches. The permeability in the soil is rapid. and the available water
capacity is moderate.
The water table fluctuates with the tide in the soil. It is within a depth of about 12
inches most of the year. The soil is subject to tidal flooding.
v. Proposed drainage plan Indicating basic flow patterns, outfall and off-site
drainage.
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New Difflcfions In Planning, Design & En!Jlneering
Agenda Item No. Be
June 6, 2006
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Mardian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
4
The proposed drainage plan, WilsonMiller Exhibit E, is included with this
submittal.
vi. Development plan including phasing program, service -area of existing and
proposed public facilities, and existing and proposed transportation
network in the impact area.
A development plan, WilsonMiller Exhibit F, is included with this submittal.
vii. Site plan showing preserves on-site, and how they align with preserves on
adjoining and neighboring properties. Include on the plan locations of
proposed and existing development, roads, and areas for stormwater
retention, as shown on approved master plans for these sites, as well as
public owned conservation lands, conservation acquisition areas, major
flowways and potential wildlife corridors.
The site development plan, Wilson Miller Exhibit F, is included with this submittal
and shows the proposed preserves onsite. There are no known preseNes on
adjacent properties and the site is not adjacent to public owned conseNation
lands, cons9Nation acquisition areas or major flowways. Rock Creek is located
along the northern property boundary and is a state owned, navigable water
body.
viii. For properties in the RLSA or RFMU districts, a site plan showing the
location of the site, and land use designations and overlays as identified in
the Growth Management Plan.
The Meridian Village PUD project is not located within the RLSA or RFMU
- . Districts.
c. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION.
i. Provide an overall description of the project with respect to environmental
and water management issues.
The Meridian Village Planned Unit Development will consist of a residential
development including parking facilities, community swimming pool, community
clubhouse, tennis courts, and stormwater management facilities. The wetlands
on the site consist of a mangrove swamp along the north end of the project
boundary. This wetland (FLUCCS #612) consists primarily of red mangrove
(Rhizophora mangle), white mangrove (Lagunca/aria racemosa), and black
mangrove (Avicennia germinans). This wetland area abuts Rock Creek and is
:112<1120O&- 187271 Vo<: 031. TKING
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Agenda Item No. Be
June 6, 2006
Page 113 of 219
Merdian Village PUD
Collier County EnvirolYllentallmpact Statement
Third Revised Submittal
5
impacted by the presence of Airport-Pulling Road and Estey Avenue. The
presence of these roads, and neighboring developed parcels, has altered the
natural flow of water on the project, and has severed any significant wildlife
corridors. Exotic vegetation consisting of ear-leaf acacia (Acacia aUriculiformis).
Brazilian pepper (Schinus terebinthifolius), downy rose"myrtle (Rhodomyrtus
tomentosus), and Australian pine (Casuarina sp.) has also impacted the project
site. There are approximately 0.21 acres of wetlands that occur on the Meridian
Village PUD site.
A listed species survey was performed from June 28,2005 through July 2,2005,
on September 12 and 13, 2005 and on November 11, 2005. WilsonMiller
ecologists observed snowy egret (Egretta thula), tri-colored heron (Egratta
caerulea) and white ibis (Eudocimus albus) foraging in standing water on the site
from recent rain events. Ecologists documented no wading bird roosting or nests
occurring on the project site. The Florida Fish and Wildlife Conservation
Commission (FWC) lists these wading birds as Species of Special Concern
(SSC). Enhancement of the property through exotic plant eradication, and
construction of littoral shelves within stormwater management ponds, should
favor the utilization of the site by various wading birds. Given the lack of a
significant wildlife corridor, and the small portion of wetlands on the project site,
the Meridian Village PUD site is a suitable location for development.
Historic natural drainage patterns for the area were characterized by overland
flow from the east and south. The presence of Airport-Pulling Road, Estey
Avenue, and development along Steeves Avenue has disrupted these historic
sheet flows.
iI. Explain how the project is consistent with each of the Objectives and
Policies in the Conservation and Coastal Management Element of the
Growth Management Plan, where applicable.
Goal 2
The proposed future development of the Meridian Village PUD does not impact
the County's estuarine or wetland systems. All canals, rivers, and flow ways
discharging into estuaries shall meet all applicable federal, state, and local water
quality standards. The future development of the Meridian Village PUD will be
consistent with the objectives of Policy 2.2.2 by attempting to mimic or enhance
the quality and quantity of water leaving the site by utilizing stormwater
management ponds to provide water quality retention and peak flow attenuation
during storm events.
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June 6, 2006
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New Directions /1/ Planning, Dr;siun & Engineering
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
6
Goal 6
The Meridian Village PUD project will preserve 25% of native vegetation.
Approximately 1.23 acres of existing native vegetation wi!! b.e preserved and 0.96
acres of native vegetation will be restored/created on the site, for a total of 2.19
acres. No submerged marine habitats are proposed for impact and the project is
not contiguous to natural reservations. Therefore, the proposed project is
consistent with the Objectives and Policies of Goal 6.
Habitat management, native vegetation creation/planting plans and exotic
vegetation removal/maintenance plans will be required at the time of Site
Development Plan/Construction Plan submittal. Preserve areas shall be required
to be maintained free of Category I invasive exotic plants, as defined by the
Florida Exotic Pest Plant Council.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement pursuant to Policy 6.1.8
has been satisfied.
Jurisdictional wetlands have been identified as required by Policies 6.2.1 and
6.2.2 State (SFWMD) and federal (U.S. Army Corps of Engineers) agency
permits with requirements of mitigation for impacts to jurisdictional wetlands, will
be required at the time of Site Development Plan/Construction Plan submittal.
I.n accordance with 6.2.6, required preservation areas have been identified on the
. site development plan. Activities detrimental to preserve areas have been
excluded from the preserve areas as required by the conservation easement.
Uses within the preserve areas are in accordance with Policy 6.2.5(5)(d). Uses
within the preserve areas shall not include any activity detrimental to drainage,
flood control, water conservation, erosion control, or fish and wildlife
conservation, and preservation.
Goal?
The proposed project is not located within the Conservation Designation on the
Future Land Use Map, the Big Cypress Area of Critical State Concern, the
Natural Resources Protection Area, Sending Lands, or Habitat Stewardship
Areas. A wildlife survey for listed species in accordance with Policy 7.2.1 is
included in this Environmental Impact Statement (EIS). The following FWC
Species of Special Concern wading birds were documented visiting and/or
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New Directions In Plannin!J, D,1sl{Jn & I:ngin.1erin(J
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
7
foraging on the site: white ibis, snowy egret and little blue heron. No impacts to
listed species are anticipated as a result of this project. Therefore, the proposed
project is consistent with the Objectives and Policies of Goal 7.
Goal 11
There are no archaeological sites documented on the Meridian Village PUD
property. If, during the course of site clearing an archaeological or historical
artifact, or other indicator is discovered, development activities at that specific
site shall be immediately suspended for a sufficient length of time to enable the
County or a designated consultant to assess the find and determine the proper
course of action in regard to Its salvageability. The County will respond to any
such notification in a timely and efficient manner so as to provide only a minimal
interruption to any construction activity. Therefore. the proposed project is
consistent with the Objectives and Policies of Goal 11.
d. NATIVE VEGETATION PRESERVATION.
i. Identify the acreage and community type of all upland and wetland habitats
found on the project site, according to the Florida Land Use Cover and
Forms Classification System (FLUCFCS). Provide a description of each of
the FLUCFCS categories identified on-site by vegetation type (species)
vegetation composition (canopy, midstory and ground cover) and
vegetation dominance (dominant, common and occasional).
The following upland communities are described below:
- . Herbaceous (FLUCCS #310) - The canopy and subcanopy in this area have
been previously cleared/removed, and is now dominated by herbaceous ground
cover species including bahia grass (Paspalum notatum), torpedo grass
(Panicum repens), marsh pennywort (Hydrocotyle umbel/ata), red ludwigia
(Ludwigia repens), and other herbaceous plant species.
Pine Flatwoods - Graminoid Understory. Exotics 10-24%, Disturbed (FLUCCS
#416 E1 (D)) - The canopy in this vegetation community is dominated by slash
pine (Pinus el/iottil). Slash pine and ear-leaf acacia (Acacia auriculiformis)
dominate the subcanopy. Groundcover is dominated by bahia grass (Paspalum
notatum) with scattered downy rose myrtle (Rhodomyrtus tomentosus).
PreviouslV ClearedlDisturbed Lands (FLUCCS #740) - The canopy is sparse and
consists of only a few widely scattered slash pines. The subcanopy was
previously cleared in the past and contains scattered downy rose myrtle and
3/2<112006o 187278 Vet: OSI- Tl<JNG
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Agenda Item No. Be
June 6, 2006
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New Directions In Plannlnq, fJIlslqn & Enr:lneeriW]
Merdian Village PUD
Collier County Envirormentallmpact Statement
Third Revised Submittal
8
cabbage palm. The groundcover is dominated by bahia grass with scattered
downy rose myrtle and saw palmetto (Serenoa repens).
The wetland community is described below:
Manarove Swamp (FLUCCS #612) - This coastal hardwood community is
composed predominately of red mangrove (Rhizophora mangle), black mangrove
(Avicennia germinans) and white mangrove (Laguncularia racemosa) in the
canopy. Red mangrove, black mangrove and white mangrove also dominate the
subcanopy. Groundcover, when present, is sparse and consists mainly of giant
leather fern (Acrostichum dBnaeifolium).
Exotic Invasion Modifiers - A significant factor in mapping local habitats is
invasion by exotic plant species such as melaleuca, Australian pine and/or
Brazilian pepper. WilsonMiller has mapped levels of exotic density and suffixes
(ie., E1. E2, E3, and E4), which have been appended to the FLUCCS code to
indicate the approximate exotics level (combined percent coverage of the canopy
and subcanopy strata), as follows:
E1
E2
E3
E4
=
Exotics 10-24%
Exotics 25-49%
Exotics 50-75%
Exotics> 75%
=
=
=
Table 1 - FLUCCS Descriptions and Acreages on the Meridian Village PUD Site
FLUCCS Code FLUCCS DescriDtion Acres
310 Herbaceous 0.52
416 E1 (D) Pine Flatwoods-Graminoid Understory. Exotics 10-24% Disturbed 8.01
612 - Manaroves 0.21
740 Previouslv ClearedlDisturbed Lands 2.94
Total Acres 11.68
ii. Explain how the project meets or exceeds the native vegetation
preservation requirement in Goal 6 of the Conservation and Coastal
Management Element of the Growth Management Plan, and Chapters 3 and
10 of the Land Development Code. Provide an exhibit illustrating such.
Include calculations identifying the acreage for preservation and impact,
per FLUCFCS category.
The Meridian Village PUD site contains 8.74 acres of native vegetation and the
development plan will preserve 25% of native vegetation. The applicant will
preserve 1.23 acres of native vegetation and will restore/create 0.96 acres of
native vegetation, for a total of 2.19 acres. The 2.94-acres of FLUCCS 740
(Previously Cleared/Disturbed Lands) is not considered native habitat. FLUCCS
:lI24'21l<16-11727' \lor. 031. TKlNG
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Agenda Item No. Be
June 6, 2006
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Nsw Directions In Plaflni~. Ds.ign <'I EflQinearlng
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
9
740 contains no canopy or subcanopy plant species and has a ground cover that
is dominated by planted bahia grass.
The applicant will preserve 0.21 acres of FLUCCS 612, and 1.02 acres of 416 E1
(0). Approximately 0.96 acres of the FLUCCS 740 habitaf will be replanted and
restored to qualify as created native vegetation. WilsonMiller Exhibit G identifies
the acreage of each native habitat proposed for preservation and impact per
FLUCCS category and Exhibit G1 shows the locations and acreages of native
vegetation preservation and restoration/re-creation areas.
iii. For sites already cleared and in agricultural use, provide documentation
that the parcel(s) are in compliance with the 25-year rezone limitation in
Policy 6.1.5 of the Conservation and Coastal Management Element of the
Growth Management Plan and Chapters 3 and 10 of the Land Development
Code. For sites cleared prior to January 2003, provide documentation that
the parcel(s) are in compliance with the 10-year rezone limitation
previously Identified In the Growth Management Plan and Land
Development Code.
The site was not cleared or in agricultural use.
.
iv. Have preserves or acreage requirements for preservation previously been
identified for the site during previous development order approvals? If so,
Identify the location and acreage of these preserves, and provide an
explanation if they are different from what is proposed.
No preserves have previously been identified for the site during previous
development order approvals.
v. For properties with Special Treatment "sr' overlays, show the ST overlay
on the development plan and provided an explanation as to why these
areas are being impacted or preserved.
The property does not contain any Special Treatment-"Sr overlays.
e. WETLANDS.
i. Define the number of acres of Collier County Jurisdictional wet~ands
(pursuant to Polley 6.2.1 and 6.2.2 of the Conservation and Coastal
Management Element of the Growth Management Plan) accordJng to the
Florida Land Use Cover and Forms Classification System (FLUCFCS).
Include a description of each of the FLUCFCS categories identified on-site
SI24I2ll~ '87271 v." 031. TKlNG
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Agenda Item No. Be
June 6, 2006
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New Directions if! Planning, l;esi(Jn (J, E.7ginsering
Merdian Village PUO
Collier County Environmental Impact Statement
Third Revised Submittal
10
by vegetation type (species), vegetation composition (canopy, midstory
and ground cover) and vegetation dominance (dominant, common and
occasional). Wetland determinations are required to be verified by the
South Florida Water Management District or Florida Department of
Environmental Protection, prior to submission to the County.
There are approximately 0.21 acres of South Florida Water Management District
{SFWMD} jurisdictional wetlands on the site. Collier County utilizes wetland
limits that have been verified by the SFVIIfVID. On January 27, 2005, Marie
Dessources (SFWMD) performed a formal wetland determination on the Meridian
Village PUD property, A copy of the SFWMD wetland sign-off aerial is included
with this submittal as Exhibit H. A detailed description of the wetland that occurs
on the site is provided below:
Manarove Swamo (FLUCCS #612) - This coastal harc:lwood community is
composed predominately of red mangrove (Rhizophora mangle), black mangrove
(Avicennia germinans) and white mangrove (Laguncularia racemosa) in the
canopy. Red mangrove, black mangrove and white mangrove also occur in the
subcanopy. Groundcover, when present, is sparse and consists mainly of giant
leather fern (Acrostichum danaeifolium).
Exotic Invasion Modifiers - A significant factor in mapping local habitats is
invasion by exotic plant species such as melaleuca, Australian pine and/or
Brazilian pepper. WilsonMiller has mapped levels of exotic density and suffixes
(ie., E1, E2, E3, and E4), which have been appended to the FLUCCS code to
indicate the approximate exotics level (combined percent coverage of the canopy
and subcanopy strata) I as follows:
E1 = Exotics 10-24%
E2 = Exotics 25-49%
E3 = Exotics 50-75%
E4 = Exotics >75%
o = Disturbed Lands
Table 2 - Wetland FLUCCS Descriptions and Acreages on the Meridian Village PUD Site
FLUCCS Code 1 FLUCCS DescriDtion Acres
612 I Manarove Swamos 0.21
Total Acres 0.21
ii. Determine seasonal and historic high water levels utilizing lichen lines or
other biological indicators. Indicate how the project design
improves/affects predevelopment hydroperiods. Provide a narrative
addressing the anticipated control elevation(s) for the site.
The site consists primarily of upland habitats and there are no freshwater
wetlands on the site to determine seasonal and historic high water levels for the
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June 6, 2006
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Nelf( Directions In PllInni,7g, Design 8, En{]in~erifI{J
Merdlan Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
11
project. Tidal-influenced mangrove wetlands occur on the site, but these types of
wetlands cannot provide the seasonal and historic high water information
req uested.
ill. Indicate the proposed percent of defined wetlands to be Impacted and the
effects of proposed Impacts on the functions of these wetlands. Provide
an exhibit showing the location of wetlands to be impacted and those to be
preserved on-site. Describe how Impacts to wetlands have been
minimized.
No impacts to wetlands are proposed for the project.
iv. Indicate how the project design compensates for wetland impacts pursuant
to the Policies and Objectives in Goal 6 of the Conservation and Coastal
Management Element of the Growth Management Plan. For sites in the
RFMU district, provide an assessment, based on the South Florida Water
Management District's Unlfonn Mitigation Assessment Method, that has
been accepted by either the South Florida Water Management District or
the Florida Department of Environmental Protection. For sites outside the
RFMU district, and where higher quality wetlands are being retained on-
site, provide justification based on the Unifonn Mitigation Assessment
Method.
No impacts to wetlands are proposed for the project. Therefore, an assessment
based on the Uniform Mitigation Assessment Method should not be required.
f. SURFACE AND GROUND WATER MANAGEMENT.
i. Provide an overall description of the proposed water management system
explaining how It works, the basis of design, historical drainage flows, off-
site flows coming in to the system and how they will be incorporated in the
system or passed around the system, positive outfall availability I Wet
Season Water Table and Dry Season Water Table, and how they were
detennined, and any other pertinent infonnation pertaining to the control of
storm and ground water.
The presence of Airport Pulling Road, Estey Avenue and development along
Steeves Avenue has disrupted the historic sheet flows. The project's storm water
management system will be based on a central lake concept with an outfall to
Rock Creek. The site development and drainage system will be developed
according to South Florida Water Management District and Collier County criteria
for the design of the surface water management system. Historic natural
drainage patterns for the area were characterized by overland flow from the east
312>lJ2DOl1-167271 Ver. 03~ TKlNG
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New Direcjjons In fYl8nfl!~g, .!J:;Sign ,~ Errgimwh7Y
Agenda Item No. Be
June 6, 2006
Page 120 of 219
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
12
and south.
ii. Provide an analysis of potential water quality impacts of the project by
evaluating water quality loadings expected from', the project (post
development conditions considering the proposed land uses and
stormwater management controls) compared with water quality loadings of
the project area as it exists in Its pre-development conditions. This
analysis is required for projects impacting five (5) or more acres of
wetlands. The analysis shall be performed usang methodologies approved.
by Federal and State water quality agencies.
No impacts to state or federal jurisdictional wetlands are proposed for the project.
The South Florida Water Management District (SFWMD) will require a permit for
the proposed stormwater management system for the project. The SFWMD will
require the Applicant to comply with Florida Statutes regarding water quality
loadings and standards.
iii. Identify any Wellfield Risk Management Special Treatment Overlay Zones
(WRM~ST) within the project area and provide an analysis for how the
project design avoids the most intensive land uses within the most
sensitive WRM-STs.
No Wellfjeld Risk Management Special Treatment Overlay Zones (WRM-ST)
have been identified occurring within the Meridian Village PUD project
boundaries.
g. LISTED SPECIES.
i. Provide a plant and animal species survey to include at a minimum, listed
species known to inhabit biological communities similar to those existing
on-site, and conducted in accordance with the guidelines of the Florida
Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife
Service. State actual survey times and dates, and provide a map showing
the location(s) of species of special status identified on-site.
Prior to conducting a listed species survey, WilsonMiller ecologists identified the
various habitats within the property boundaries. A FLUCCS map and a primary
list of potential listed species, which may occur within suitable habitats on the
property, was then prepared. For completeness, WilsonMiller, using the latest
publicly available data sets from the Florida Fish and Wildlife Conservation
Commission (FWC) and the Florida Natural Areas Inventory (FNAI) , performed
GIS queries regarding listed wildlife species. WilsonMiIler Exhibit I shows the
locations of listed species documented by FWC as occurring on lands
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Agenda Item No. Be
June 6, 2006
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Merdian Vitlage PUD
Collier County Environmental Impact Statement
Third Revised Submittal
13
surrounding the Meridian Village PUD site, Potential listed species were
identified from the most current FWC official List of Endangered Fauna and Flora
in Florida. Federally listed wildlife and plant species were considered to be those
identified in the FWC publication "Official Usts of Endangered and Potentially
Endangered Fauna and Flora in Florida" (August 1, 1997). Invertebrates were
excluded from the study. Federally listed plant species were considered to be
those listed by the United States Fish and Wildlife Service (FWS) and the Food
and Drug Administration (FDA) in this same publication.
From June 28 to July 2, 2005, on September 12 and 13, 2005, and on November
11, 2005 WilsonMiller ecologists performed meandering listed species pedestrian
transects on the subject property. The listed species survey utilized the
meandering strip census method of pedestrian transects through the various
habitats or vegetation associations. These transects resulted in a grid pattem of
observations through the various habitats on site. Once the grid of meandering
transects covered the site, additional transects through portions of the site with
the greatest possibility of observing listed species were observed. Observers
were equipped with a compass. color aerials, wildlife and plant identification
manuals, binoculars, and a field book. Along each transect. the ecologists
periodically stopped, looked for signs of wildlife or positive identification on
wildlife. and listened for wildlife vocalizations. The approximate location of any
listed species observed was mapped on aerials and recorded in field notebooks
on a daily basis. In the same fashion, non~listed wildlife species, numbers, and
general locations were recorded daily. WilsonMiller Exhibit J shows the
approximate locations of pedestrian transects performed on the site and the
location of observed species.
The surveys were conducted at various times on any given day. Surveys were
conducted such that the observations included time periods ranging from sunrise
t~ sunset. The listed species survey included five days of surveys that were
conducted at dusk and/or dawn. Barring seasonal conditions. the survey dates
allowed for observations during likely times of probably occurrence of the
majority of the listed wildlife species that could occur on the site. During the
survey. temperatures ranged from the high 70's to the mid 90's (degrees
Fahrenheit) and conditions ranged from cloudy to clear with calm to variable
winds.
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Collier County Environmentallmpad Statement
Third Revised Submittal
Table 3 - Listed Species Survey Times
Ecol 1st
Tom Trettis P'vVS, CE
Surve Date
June 28, :W05
Jul 2,2005
June 29, 2005
June 3D, 2005
Jul 1,2005
Se t12,2005
S t13,2005
Nov 11, 2005
Ethan Sadowski
Josh Houser
Tom Trettis, PWS. CE
WilsOnMlller.
.".
New Direcliuns In Piiinfli.'fl, Oesign &, Er'fir:esrlnu
Agenda Item No. Be
June 6, 2006
Page 122 of 219
14
Surve Time
11 :OOam-2:00pm
7:30 m-9:0 m
6:15am-9:30am
6: 15am-9:25am
11:00am-1:15
7:15 am - 9:45 am
10:00 am -12:05 am
6:20 am -10:20 am
Total Time 21h 45m
ii. Identify all listed species that are known to inhabit biological communities
similar to those existing on the site or that have been directly observed on
the site.
The reddish egret (Egretta rufescens) has the potential to occur on the site, but
no individuals or nests were observed during the listed species survey. The
Florida Fish and Wildlife Conservation Commission (FWC) classifies this wading
bird as a Species of Special Concern (SSC) and is not listed by FWS,
The little blue heron (Egretta caerulea) has the potential to occur on the project
site, and an individual was observed foraging during the listed species survey.
The heron was observed foraging for a short time on one day of the survey.
There were no little blue heron nests observed on the site. The little blue heron
is listed as a Species of Special Concern (SSC) by the FWC and is not listed by
FWS.
The tri-colored heron (Egretta tric%f) has the potential to occur on the project
site, but no individuals or nests were observed during the listed species survey.
The tn-colored heron is listed as a Species of Special Concern (SSe) by the
FWC and is not listed by FWS.
The snowy egret (Egretta thula) has the potential to occur on the project site, and
individuals were observed foraging daily during the listed species survey. No
snowy egret nests were observed on the project site. The snowy egret is listed
by the FWC as a Species of Special Concern (SSC) and is not listed by FWS.
The white ibis (Eudocimus albus) has the potential to occur on the project site,
and individuals were observed foraging during the listed species survey.
However, no white ibis nests were observed on the site. The white ibis is listed
312.cJ2OD&. 187211 Ver. 031- T1<'NG
"""..
N022UOToOOO- VCOR. 29711
Lf1
Agenda Item No. Be
June 6, 2006
Page 123 of 219
1sOnMiller.
r
New Directicms In Plannif1{j, Desifin Co Engilleerlng
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
15
by the FWC as a Species of Special Concern (SSC) and is not listed by the
FWS.
The wood stork (MycteriB Bmericana) has the potential to occur on the project
site, but no individuals or nests were observed during the'listed species survey.
This species is listed by both the FWC and the U.S. Fish and Wildlife Service
(FWS) as Endangered. With the addition. of an on-site stormwater management
lake, foraging opportunities for wood storks and other wading birds that did not
exist in the pre-development condition, becomes available.
The American bald eagle (Haliaeetus leucocephalus) has the potential to occur
on the project site, but no individuals or nests were observed during the listed
species survey. The Meridian Village PUD is not located within the limits of any
primary or secondary protection zones established bald eagle nests. The
American bald eagle is listed by the FWC and FWS as Threatened.
The Eastern indigo snake (Drymarchon corais coupen) has the potential to occur
on the project site, but was not observed during the listed species survey. This
species is listed by both the FWC and FWS as Threatened.
312v.lOoe- 1&7278 V.r. 03~ TKINQ
e....
N0228.D07-llllO- VeOR- 29718
Agenda Item No. Be
June 6, 2006
Page 124 of219
New DilllCfions 1/1 P/8nninQ, Dasign IJ: frrgiTll!3ring
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
16
Table 4 - Listed Faunal Species Potentially Occurring on Site But Not Observed
Scientific Name Common FWC FWS (FLUCCS) Observed Potential for Comments
Name Status Status Occurrence
BIRDS
Egretta rofescens Reddish sse NL 612 No Low Potential
earet visitor
Tri-colored Low- Potential ,
Egretta tricolor heron sse NL 612 No Moderate visitor
Haliaeetus American T T 416,612 No Low Potential
/eucoC6Dha/us bald eaale , visitor
Myctaria Wood :E E i 612 No Low Potential
american a stork visitor
REPTILES
Drymarchon Eastern Potential
indigo T T 416,612 No Low I
corais couperi snake visitor
FWC
FWS
E
T
SSC
NL
Habitat
.. Florida FISh and Wildlife Conservation Commission
.. United States Fish and Wildlife Service
.. Endangered
= Threatened
= Species of Special Concern
.. Not Usted
= Major FLUCCS categories In which indicated species were observed or are most likely to occur
Scientific Name Common (FLUCCS) Comments
Name
BIRDS
Egretta aaaro/ea Little blue sse NL 416,612, 740/416 Foraging visitor
heron
E retta thU/B Sn e ret sse NL 416 612, 740/416 Fora in visitor
Eudocimus a/bus. White ibis sse NL 416,612,740/416 Fora in visitor
FWC
FWS
E
T
SSC
NL
Habitat
= Florida Fish and Wildlife Conservation Commission
= United States Fish and Wildlife Service
= Endangered
.. Threatened
= Species of SpecIal Concern
= Not Listed
.. Major FLUCCS catergories in which indicated species were observed or are most likely to occur
3/204/20060 187278 Vor. 03~ TKING
.,...,
N022&-OO7..ooo- VCOA- 217111
WiIs(1l1Mill'er.
Agenda Item No. Be
June 6, 2006
Page 125 of 219
NBW Directions 1,7 PiJlnning, D/JSi!J,; & Englmrering
Merdian Village PUD
Colliei' County Environmental Impact Statement
Third Revised Submittal
17
Table 6 -list of Non-listed Faunal Species Observed on the Meridian Village PUD SIte
Scientific Name Common Name FLUCCS Occurrence
BIRDS
Butorides striatus Green-backed heron 416 612
Cairina moschata Muscovy duck 416 612
Cardinal is cardina/is Cardinal . 416,612
Cathartes aura Turkev vulture 416
Corvus brachvrhvnchos American crow 416
Cvanoc/tta crisats Blue lav 416.612
Me/anemes carolinus Red bellied wood Decker 416
Mimus Do/vaiottos Mockinablrd 416
Picoides Dubescens Downv woodoecker 416
Zenaida macroura Mournina dove 416
REPTILES
Anolis s. saara; Cuban anole 416
Anolis saarai Brown anole 416
Bufo auercicus Oak toad 416
Co/uber constrictor Black racer 416
MAMMALS
Sciurus caro/inensis Grav SQuirrel 416
Table 7 - Listed Floral SpeCies Observed on the Meridian Village PUD Site
Scientific Name Common Name Status Habitat
FDA FWS
Acrostichum danae/folium Giant leather fern C NL 612
Tillandsia fasciculate Stiff-leaved wild Dine E NL 416 740/416,434
FDA e'
FWS . -
C
E
NL =
Habitat =
Florida Department of Agriculture and Consumer Services
UnIted States FISh and Wildlife Service
Commercially exploited
Endangered
Not Listed
Major FLUCCS categories in which Indicated species were observed or are most likely to occur
iii. Indicate how the project design minimizes impacts to species of special
status. Describe the measures that are proposed as mitigation for impacts
to listed species.
No impacts to species of special status are anticipated for the project. The only
listed species observed utilizing the site were the following wading birds: snowy
egret. white ibis and little blue heron. These wading birds were observed visiting
and/or foraging within the shallow water areas on the site from recent rain
events. These wading bird species do not inhabit the site or have any nests on
the site. The construction of the proposed stormwater management ponds and
3I:WaoOS. 167278 ""r. In!. T1<INQ
0....
NQ228.007-ooc- veeR. 287'.
1- ~'l1MiJlef.
Agenda Item No. Be
June 6, 2006
Page 126 of219
New Directions In Planning, Design & Ef1(JinlJ~ring
Merdian Village PUD
Collier County Envirormentallmpact Statement
Third Revised Submittal
18
installation of littoral shelf plants, should provide wading birds with year-round
foraging opportunities that do not currently exist on the site.
iv. Provide habitat management plans for each of the listed species known to
occur on the property. For sites with bald eagle nests and/or nest
protection zones, bald eagle management plans are required, copies of
which shall be included as exhibits attached to the PUD documents, where
applicable.
No listed species were documented inhabiting the site. However, the following
FWC Species of Special Concem wading birds were documented visiting and/or
foraging on the site: white ibis, snowy egret and little blue heron. No impacts to
listed species are anticipated as a result of this project. Therefore, listed species
management plans should be not required.
v. Where applicable, include correspondence received from the Florida Fish
and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and
Wildlife Service (USFWS). with regards to the project Explain how the
concerns of these agencies have been met.
Letters to the FWC and FWS were sent on July 7,2005 requesting listed species
data for the project site. To date, WilsonMiller has not received comments back
from the FWS. A response letter from the FWC dated September 7, 2005 was
received and is included with this submittal as Exhibit M.
The FWC data indicates the presence of one occurrence of a nuisance Florida
black bear within Section 2, Township 50 South and Range 25 East. No
concerns were raised by FWC regarding Florida black bears.
h. OTHER.
i. For multiooSlip docking facilities with ten slips or more, and for all marina
facilities, show how the project is consistent with the marina siting and
other criteria In the Manatee Protection Plan.
No multi-slip docking facilities or marina facilities are proposed for the project.
Ii. Include the results of any environmental assessments and/or audits of the
property. If applicable, provide a narrative of the cost and measures
needed to clean up the site.
To our knowledge, no environmental audits have been performed on the site.
3f.2412Ooe. 187278 \lor. 031- TKlNG
""".,
N022I-007-\loo. veOR. 2$T18
V'
New Directions In PIllnning, Design 0: Engineering
Agenda Item No. Be
June 6, 2006
Page 127 of 219
Merdian Village PUD
Collier County Environmental Impact Statement
Third Revised Submittal
19
iii. For sites located in the Big Cypress Area of Critical State Concern-Special
Treatment (ACSC-ST) overlay district, show how the project Is consistent
with the development standards and regulations established for the ACSC-
ST.
The site is not located within the Big Cypress Area of Critical State Concern -
Special Treatment (ACSC-ST) overlay district
iv. Soil sampling or ground water monitoring repom !lnd progll'2ms ShSl~1 h&
required for sites that occupy old farm fields, old golf courses or for
which there is a reasonable basis for believing that there has been
previous contamination on site. The amount of sampling and testing shall
be determined by the Environmental Services staff along with the
Pollution Control Department and the Florida Department of
Environmental Protection.
The site did not previously occupy old farm fields or old golf courses and is not
suspected of having contamination.
v. Provide documentation from the Florida Master Site File, Florida
Deparbnent of State and any printed historic archaeological surveys that
have been conducted on the project area. Locate any known historic or
archaeological sites and their relationships to the proposed project
design. Demonstrate how the project design preserves the
historic/archaeological integrity of the site.
A letter to the Florida Department of State was sent on July 7,2005 requesting
known archaeological and historical infonnation for the project site. The Florida
Department of State responded to our information request on July 19, 2005. A
-. copy of the letter received from the Florida Department of State is included with
this submittal as Exhibit K. The Florida Department of State has no record of any
archaeological or historical sites occurring on the Meridian Village PUD property.
The Applicant retained the services of a professional archaeologist to perform a
survey of the site. Enclosed please find Exhibit N, a copy of the report from the
Archaeological and Historical Conservancy, Inc. indicating the results of the work
performed on the site. The letter states that no archaeological or historical sites
were documented on the property during the archaeological fieldwork.
312<l1200&-1B7278 \ler. 031. TKING
"""<l
N0228-007-QOO- \/COR- 297'.
Meridian Village PUD
Collier County Environmental Impact Statement
312412D0lI- 167271 \Ie" 031- TKING
.....
1Ill228-OO7.ooo- \/COR- 211711
Agenda Item No. Be
June 6, 2006
Page 128 of219
New Dir/1ctions In PlfJnnlng, Design 8: Enll;neering
EXHrBITS
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Agenda Item No. Be
June 6, 2006
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(EXHIBIT A)
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PROJECT: MERIDIAN VlLLAOE PUD
CU!NT: ROCK CREEK HOLDINGS, LLC
PROJECT: N0228-lJ04.ooo - 22000
SEC. 2, lWP. 60S, RNO. 25E, Collier County, Floric/a
Agenda Item No. 8e
G8 June 6, 2006
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X:IEnwlll22~_~.. Map-062lOll-V01-1115
PROJECT: MERIDIAN VILLAGE PUO
CLIENT: ROCK CREEK HOLDINGS, LLC
PROJECT: N0228-004-000 22000
SEC. 2, lWP. 50S, RNG. 25E, Collier County, Florida
N
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LISTED SPECIES TRANSECT MAP
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(EXHIBIT J)
X:l6nW0228. Ttan.act "'P~lI&2805- V01..1 1 15
PROJECT: MERIDIAN VILLAGE PUD
CLIENT: ROCK CREEK HOLDINGS, LLC
PROJECT: N0228-004-000 22000
SEC. 2, TWP. 50S, RNG. 25E, Collier County, Floride
U.l.Ln..J.\..rI.. "Jl.J I...J..t:.l\. .-..m
Agenda Item ~c9.(@Z no 1
June 6,f2~
Page 138 of219
JUL-19-2005 09:09
FLOlUDA Dl!P ARTMBNT OF STATE
Gle1\da B. Hood
Secretary of StIlte
DIVISION OF HISTORICAL RESOURCES
July 19.200S
Wynoe Guglielmo
WiIsonMilIer
4S71 COlonial Blvd
Ft. M)'all. FL 33912
Fsx:239.939-)412
Dw Mr. GugJielmo:
In rcspooae to yOUr inquiry of 1uly 7. 200,S, the Florida Master Slto File lists two recorded archaeological sites, and
one historical standing SlrUctur~ in the following parcels of Collier County:
TSOS, R25E, Seetionl
Iu interpreting the results of our aeaJ'Ch, please remember the foUowiDg points:
. Areas which have not been completely su.rveyed, such as yonrs, mr.y contain
unrecorded archaeoloKicallites or historicalstructu1'f4.
. While mauy of our record.c relate to IUltorically lipiflcmt propertieg, the entry of an
archaeological site or 811 historical strnctur-c on the Florida Master Site File dOe! not
necessarily mean thai: the structure Ii lipificut.
. Since 'Valldalism is comll10D at Florida site5, we ask that you limit the distribution of
loeation iDf'ora1ation Oll arehaeologieal sites.
. As YOll may know, federal alld state laws require formal environmental review for some
projects. Record searches by the st1lff of the Florida. Malter Site File do not constitute
such a review. If your project faDs lUlder these laws, you should contact the
Compliance :Review Section of the Bureau of Historic Preaervation at 850-245..6333 or
at this address:
If you have any further questions concerning tbe Florida Master Site File, please contact us as below.
Sincerely,
~d~
Senior Arohaeologioal Data Analyst
Division ofHistorlcaJ Resources
R. A. Gray Building
:500 South Bronou;h Street
Tallahassee, Florida 32399..()2S0
Phone: SSo-24S-644C Fax: 850-245-6439
Florida Muter Site File State
SunCom: 20S-6440
Emmil: finsfile@ "u,s-Itme.fl. us
Web: http://www.dos.6tateJl.JUJldhrlmsfl
Exhibit K
500 S. BroDoueb Street . Tallahune, Fl. 32399--0Z50 . http://w1nr.flberitltg&c:ol1l
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(850) 2CS-QOO · PAX:.245-6GS (850) HHt44-. fAX: ~ (150) ~! · p.AX:. 2&UC7 (850) 36S-64OO . PAX: 24U43'
o Palm Beach Regiaaal Ol&e t:J St. .A~ Rq;Iou! o<<iI:e "TfI1IIPA ~ Office
(561) 219-1-475 . FAX: 279-U16 (904.) 1125-S045 · :PAX: ~ (813) 272-3MS · FAX: ~
JUL-19-2005 09:09
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Agenda Item ijgJc9.OS'<?: 00 4
June 6, P,WOO
Page 139 of 219
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IVilSf)nMiller.
New Directions In Planning, Dosign & Engineering
Agenda Ite.c
Jun 6
Page 1
Y'
January 30, 2006
Ms. Marie Dessources
South Florida Water Management District
2301 McGregor Boulevard
Fort Myers, Florida 33901
Subject
Meridian Village PUD-Formal Jurisdictional Wetland Determination
Application No. 05120-31
Dear Marie:
This letter is written in response to your letter dated January 24, 2006, a copy of the letter is
attached. Your letter indicated that a complete review of our formal wetland determination was
incomplete, on the basis that a site review by District staff had not been performed.
A site inspection was performed on January 27,2006 and the wetland line was field verified and
approved by you as delineated in the field, with no changes to the line that was submitted. The
wetland line has been surveyed and seven {7} copies of the signed and sealed wetland line
survey and seven (7) copies of the sign-off aerial are included with this submittal. Three (3)
copies of each exhibit have been submitted for your use and four (4) copies have been
submitted for signature and return to our office.
Please feel free to contact me at our office if you have any questions regarding this matter.
Sincerely,
~..~
Thomas T. Trettis, PWS, CE
Senior Ecologist
C: Michael Metcalf, Rock Creek Holdings, LLC, w/enc.
Bruce Tyson, WilsonMiller, Inc., w/enc.
Enclosure
EXHIBIT L
113012OO6-1ll4511 Ver: 01~TTreIlIS
"""'
N0228-007~oo- VCOR. 211718
Offfclu; strllteglcafly located to Bern our cllentB 800.649.4336
NlIplll8/CorporattJ OffIce 3200 f3ajley Lane, Suite 200. Naples. Rorida 34105 · 239.649.4040 . Fax 239.643.5716
wilsonmlller. com
WII.onMIJI.r,lnc. - FL Lie.' LC-COOO/70
Agenda Item No. Be
June 6, 2006
FLORIDA FISH A:t~D WILDLIFE CONSERVATION COM~118011€)N
RODNEY BARRETO
Miami
SANDRA T. KAUPE
Palm Beach
H.A. "HERKY" HUFFMAN
Enterprise
DAVID K MEEHAN
St. Petersburg
KATHY BARCO
Jacksonville
RICHARD A. CORBETT
Tampa
BRIAN S, YABLONSKI
Tallahassee
~NNETH D. HADDAD, Executive Director
'lCTOR J. HELLER, Assistant Executive Director
FISH AND WILDLIFE RESEARCH INSTITUTE
(850)488'6661 TDD (850)488-9542
FAX (850)922-5679
Septem~er 07, 2005
Thopmas T. Tretis
3200 Baily Lane
Suite 200
Naples, florlda 34105
Dear Mr. TI'ettis:
This letter is in response to your request for listed species occurrence records and critical habitats for your
project (Rock Creek Pud S2 T50S R25E) located in Collier, Florida. Records from The Florida Fish and
Wildlife Conservation Commission's database indicate that listed species occurrence data are located within or
adjacent to the project area. Enclosed are 8.5 x 11 maps showing listed species locations, biodiversity
hotspots, priority wetlands for listed species, SHCA's, and land cover for the project area.
Please note that our database does not necessarily contain records of all listed species that may occur in a given
area Our data is limited to sites that we surveyed or sites that others have surveyed and provided us with their
data. Also, data on certain species, such as gopher tortoises, are not entered into our database on a site-specific
basis. Therefore, one should not assume that an absence of occurrences in our database indicates that
species of significance do not occur in the are::.
The Florida Natural Areas Inventory (FNAI) maintains a separate database of listed plant and wildlife species,
please contact FNAI directly for specific infonnation on the location of element occurrences within the project
area. Because FNAI is funded to provide infonnation to public agencies only, you may be required to pay a
fee for this information. County-wide listed species infonnation can be located at their website
(http://www. fnai.org).
Please credit the Florida Fish and Wildlife Conservation Commission in any publication or presentation of
these data. If you have any questions or further requests, please contact me at (850) 488-6661 or
gisrequests(cV,myfwc.com.
Sincerely,
.// ~ ..';h':/L~;tt...
t7~~?;>:t,* "/~".~ "
Christina Williams
Cw
ENV 8-7/8
2005.1285
Enclosures
~,- 'j., -ll.:" a;} !f,l. If!.
tt::.Xt ~llfUlrlJ. ~.~
620 South Medclian Street . Tallahassee . FL . 32399-1600
Visit MyFWC.com
WlLSO:N M1LLER[J
ROCK CREEK PUD
82 T50S R25E
COLLIER COUNTY
Agenda Item No. Be
June 6, 2006
USTED~~43 of219
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SEPTEMBER 07,2005
wn..SON Mll.LERO
ROCK CREEK POD
52 T50S R25E
COLLIER COUNfY
Agenda Item No. 8e
June 6, 2006
Page 144 of 219
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WILsON IvITLLERo
ROCK. CREEK PUD
82 T50S R25E
COLLIERCOUNlY
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PRIORITY~~~
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SEPTEMBER 07, 2005
WILSON MIl.LERO
ROCK CREEK PUD
82 T50S R25E
COlLIER COUNTY
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Agenda Item No. Be
June 6, 2006
Page 147 of 219
A Phase One Archaeological Assessment of the
Meridian Village PUD Parcel,
Collier COUDty, Florida
by
John G. Beriault, B.A.
conducted under the direction of
Robert S. Carr, M.S.
Archaeological and Historical Conservancy
4800 SW 64th Avenue Suite 107
Davie, FL 33314
(954)792-9776
archlgcl@bel1south.net
for
Rock Creek Holdings, LLC
ARC Technical Report #652
September 2005
2005.131
Exhibit N
Agenda Item No. Be
June 6, 2006
Page 148 of 219
Tablle or Contents
List of Figures
11
Consultant Summary
1
Project Setting
3
Previous Research
7
Cultural Summary
Methodology
11
20
Results and Conclusions
23
References Cited
24
Appendix 1: Shovel Test Log
Appendix 2: Survey Log
33
36
Agenda Item No. Be
June 6. 2006
Page 149 of 219
List of Figures
1. Map of the Meridian Village PlID parcel area 2
2. 1876 Plat Map of Township 50S, Range 25E with modem 4
Meridian Village PUD parcel boundaries superimposed
3. 1962 aerial photograph of the Meridian Vlllage PUD parcel area 5
4. Color aerial photograph of the Meridian Village PUD parcel area 6
5. Map of the :Meridian Village PUD parcel area showing location of shovel tests 21
6. View west across northerly portion of the parcel. 22
7. View north at Scott Faulkner sifting shovel test #1. 22
ii
Agenda Item No. Be
June 6, 2006
Page 150 of 219
COlUldtant SUllUDary
In September 2ooS, the Archaeological and HistoricaJ Conservancy Inc. (ARC)
conducted It phase 1 archaeological assessment for Rock Creek Holdings, LLC of the
11.2S-acre Meridian Village PUD parcel located east of the City of Naples in west-
central Collier County. The parcel was surveyed to locate sites of archaeological andlor
historical significance.
This assessment was conducted to fulfill historic resource requirements in response to
Florida's Chapter 267. This assessment was conducted in accordance with Section 106 of
the National Historic Preservation Act of 1966 (Public Law 89-665), 1M amended in 1992,
and 36 C.F.R., Pm 800: Protection of Historic Properties. The work and the report
conform: to the specifications set forth in Chapter IA-46, Florid.! Adminim~ve Code.
The parcel encompasses part of Section 2 in Township 50S~ Range 2SlE (Figure 1). The
parcel is presently cleared and undeveloped and contains climax slasb pines with mowed
grass understory and a mix ofboth native and exotic plants along the oouth bank: of Rack
Creek. The extreme northern portion of the parcel includes a section of the BOuth bank of
Rock Creek, which drains into Naples Bay to the west. There are no modem structures
and no known historic structures on the subject parcel.
The entire parcel was investigated based on aerial photograph 1"eCOmWssance and a
subsequent pedestrian survey. It was determined that the parcel ~ particularly the area
adjoining Rock Creek bad a moderate Probability of containing arcTaaeo!ogic:aI sites.
Twenty IS-inch shovel tests (45 cm?) were dug across the area with negative results,
including the eleven systematically dug along the edge of Rock Creek No archaeological
or historic sites were found.
It is the consultant's opinion that no historic or archaeological sites regarded as
potentially eligible for listing on the National Register of Historic Places occur on the
parceL
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l1I\/P 50S. RNG 25E, see 2
USGS Map: Naples North, 1~1
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Agenda Item No. Be
June 6, 2006
Page 151 of219
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Agenda Item No. Be
June 6, 2006
Page 152of219
Project Setting
The subject parcel is located in part of Section 2, T ownsbip 50S, Range 2SE located east
of the City ofNapJes in west-central Collier County, Florida (Figure 1). The l1.25-acre
parooI is a polygon with the straight borders oriented to the cardinal points. Rook Creek
adjoins the northern border of the parceL The relevant USGS map is Naples North, Fla.
The Meridian Village PUD parcel is partially cleared with the majority of the upland area
mowed. Large native trees remaining indicate that the historic vegetation was slash
pine/saw palmetto flatwoods with small clusters of cabbage palms, and tidally-flooded
mangroves bordering Rock Creek. The eastern border of the property adjoins Airport
Road; portions of the southern border adjoin Estey Avenue; and the western border
adjoins part of Steeves Avenue and residential developments, and the north border abuts
Rock Creek
Slash pine flatwoods communities are usually situated on high ground east of Naples
Bay/Gordon River. Historically, these communities, which contain a dense, often head.
high understory of saw palmetto, were subject to and maintained by periodic forest fires.
Fires started either naturally by lightning strikes or by prehistoric Indians or by early
settlers to aid hunting or cattle grazing. Among the plants typically found in the slash
pine/saw palmetto ftatJand/prairie environments are: slash pine, saw palmetto, gallberry,
shiny lyonia, rusty Iyama, staggerbusb, dahoon holly, ground oak, wire grass, broom
sedges, shiny blueberry, xyris, and a. variety of annual and perenniiU herbs and
wildflowers blooming seasonally.
The soil types fOT the area are fine white to gray sand mantles covering light brown
hardpan sands. Saint Lucie finelOldsmar and ImmokaIee fine types predominate. The
creek itself contains Durbin and Wulfert mucks defined as brackish peats frequently
flooded. At depths exceeding 20 feet there is frequently a zone of decayed peat.
Limestone caprock is generally not found surfacially in the immediate area of the subject
parcel
3
Agenda Item No. Be
June 6. 2006
Page 153 of 219
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Agenda Item No. 8e
June 6, 2006
Page 154 of 219
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Agenda Item No. Be
June 6, 2006
Page 155 of 219
Figure 4. Color aerial photograph of the Meridian Village PUD parcel.
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AERIAL PHOTOGRAPH: COl.l.lER COUNTY PROPERTY A.PF>P.AlSERS 1NEBSlTE
Agenda Item No. Be
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Pi"erioUJ Research
Southwest Florida has been a focus of archaeological investigations since the 18808,
although much of the early work: was directed toward recovery of museum quality
artifacts rather than understanding cu.Itura1 processes. In The Archaeology of Everglades
National Park: A Synthesis, I. W. discusses some of the very early references to
archaeological sites in south Florida. He notes that these early report.s were mostly casual
observations, and few appear to refer to southwest Florida, but rather the southeast and
Key West areas (Griffin 1988:48-50).
Southwest Florida archaeological sites have been reported since at least the time of
Kenworthy's informal report OD shell mounds and ancient canals (Kenworthy 1883).
At about the same time as Kenworthy's investigations, Simons (1884) gave a narrative
account of some of the very .large coastal shen middens, and Douglass (1885) provided
further information about prehistoric canals (although he did not accept that they were
Prehistoric); one canal near Gordon's Pass is probably the Naples Canal (8CR59). and
one further north the Pineland Canal. Griffin (1988:50-51) indicates that Douglass'
diaries record excavations on Hom Island which is apparently a post-contact era site
(8CR41) as Douglass mentioned European artifacts. Douglass visited Lostmants River
and other areas in the Ten Thousand Island area, and a visit to Rarrs Island was briefly
narrated in Douglass (1890).
In 1895 Dumford reported cordage and other artifacts recovered from a mangrove muck
pond on Marco Island (site 8CR49). The material was shown to Cushing, who mounted a
major project to recover more material from the site. Cushing (1897) reported wood and
other perishable artifacts recovered from the muck pond on Marco Island, adjacent to a
large shell works and midden village site. This report generated a great deal of
subsequent interest after the publication of illustrations of the spectacular finds. Wells M.
Sawyer, a young artist accompanying the expedition produced an excellent and
presumably accurate contour map for the entire Key Marco Shell Midden. This map is
valuable ~o Present-day efforts to understand many of the now obliterated features as well
as to interpreting (reconstructing) the "architecture.. of the shell midden during current
excavations at that site. WIdmer (1983) notes that eu..hing also focused attention on the
nonagricultural chiefdom level of social organization supported by the rich estuary and
marine resources, although his anthropological observations have remained
overshadowed by the wealth of artifacts.
C. B. Moore investigated a number of sites along the CollierlLee County coast,
apparently in an attempt to find material comparable to Cushing's finds (Moore 1900,
1905, 1907). Although Moore provided information about site locations and general
contents, most of his work was extremely crude and uncontrolled, even by contemporary
archaeological standards, and certainly by modem standards.
The first attempt to systematically survey and investigate archaeological sites was
initiated by Ales Hrdlicka, who in 1918 visited a number of sites along the coast and tidal
~
I
Agenda Item No. Be
June 6, 2006
Page 157 of 219
mangrove estuarie~ especially in the Ten Thousand Island region (Hrdlicka 1922).
HrdIicf-tA noted that southwest Florida was a distinct region within south Florida and
made an attempt to type sites by function.
Matthew Stirling excavated a burial mound on Horrs Island (1931, 1933). The site was
named the Blue Hill Mound but is not recorded under that name in the Florida Master
Site File (either as Ii primary or secondary name), so it is unclear exactly which site he
excavated though it was probably 8CR41 (McMicbael$ 1982). The reports by Stirling are
preliminary, and apparently neither a final report nor a skeletal ana!ysis bas been
published. However, this represents one of the first controlled excavations in Collier /Lee
Counties. (Although he attempted stratigraphic contro~ Cushing had littXe success in his
wet site excavation.) John M Goggin, pioneer south Florida archaeologist, defined a
south Florida cultural area (Glades Area), and described south Florida oeramics (Glades
ware), establishing a basis fOT later archaeological work (Goggin 1936).
Goggin published an analysis oftbe ceramic sequence in south Florida (Goggin 1939).
In later reports (1947, 19498, 1949b) he formulated a basic framework of cultural areas
and chronologies that is still cummt (though modified with additional data, see further
discussion beJow). Goggin sunnnan= much of this information in an unpublished
manuscript (1949bt &!though modified later); the most thorough discussion of this
mBDUicript is avmilable in Griffin's The Archaeology of Everglades National Park: A
Synthens (Griffin R 988).
In 1935, John M Goggin made a visit to the Gordon Pass Shell Mound on the north side
of Gordon's Pass. This archaeological feature, now destroyed, became the type-site for an
incised pottery decoration/motif called "Gordon Pass Incised," now recognized as a
prominent Glades II time marker. Goggin's work at the Gordon Pass Shell Midden along
with preliminary conclusions as to a Glades area chronology was published in the New
Mexico Anthropologisiin 1939 (Goggin 1939).
In passing, one unfortunate aspect of Goggin's work was a dependence on informant
information.fc;lr the location of sites (especially interior sites). Goggin's valid concern that
existing sites would be looted resulted in either deh"berately or incidentally vague
locational data for many sites. Some of these sites have never been satisfactorily
relocated, although a few have undoubtedly been unknowingly recorded by later
investigators. Goggin's 1949 manuscript (Goggin 19491>), which was apparently a rough
draft for the Yale Publications in Anthropology series, enumerates several sites occuning
in and around Bonita Springs.
For several decades, much of the subsequent archaeological investigations in the region
took place in Lee and Charlotte Counties, especially in the Cape Haze, Charlotte Harbor
and Pine Island areas. It is rumored that John M Goggin had a "gentleman's agreement"
with many of the other leading archaeologists practicing in Florida that the South Florida
area was his exclusive province to investigate. If this rumor is correct, it might explain
the neglect shown the southwest Florida area from the end of World War II to Goggin's
death in 1964.
8
Agenda Item No. Be
June 6, 2006
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In 1956 Sears reported on a large village and mound complex at the mouth of Turner
River on Chokoloskee Bay south of Marco IsJand, and in 1967 on the results of a survey
of the Cape Coral area. Laxson (1966) reported on excavations at Turner River Jungle
Garden site, upriver from the Turner River site, although these have been confused in
recent accounts with the S~' Turner River site.
Van Beck and Van Beck (1965) excavated three small test pits on .Marco Island (at the
Marco midden, 8CR48) associated with the Cushing site (8CR49). Their description for
the placement of the three test pits excavated would place them less than 900 feet east of
the subject parcel. The subsequent article concerning the Van Becb' effurts in
The Florida Anthropologist of March 1965 is among the first repOrt~ scientific
archaeologicsl work to come from the southwest Florida area in neady twenty years.
In 1961, 1968, 1969 Marco Island was extensively surveyed and a few sites tested by
excavation by Cockrell, f\tforrel1 and others (Morrell 19(9). No complete site report was
ever published although an unpublished and incomplete manuscript is available. Some of
these sites were discussed in Cockrell's Masters thesis (1970). Widmer perfonned a
survey of Big Key, lohn Stevens Creek, Barfield Bay, Blue HiU Bay, and Collier Bay (all
close to Marco Island) (Widmer 1974). Widmer eventually utilized his southwest coast
experience to write a doctoral dissertation on the Calusa that not only remains the
definitive work on that group, but also explores the relationship between subsistence
adaptation and culturai evolution (Widmer 1983). .
In Lee County Arlene Fradkin and other investigators from the University of Florida
began an ongoing involvement with the Pine Island SoundlSanibe1 Island area with her
investigations at the Wightman site on northern SamoeJ Island (Fradkin, 1976).
McMichaels (1982) produced a Masters thesis reviewing sites on Horrs Island. In 1983
Marquardt began a series of investigations at Josslyn Key, Useppa Island, Pineland, Buck
Key, GaJt,Island in Lee County (Marquardt. 1984, 1987, 1988, 1992) and Big Mound
Key in C~otte County. Marquardt and Russo have investigated Horr! Island in Collier
County. A number of the large sheil midden village sites appear to be late Archaic, and
they expect to document a more elaborate social organi7.8tion and larger sedentary or
semi-sedentary Population sizes than previously known for that period (Russo 1990, and
pers. comm.).
Most of these studies focused on the coastal sites, as have subsequent SUmmaries and
discussions. Recent work in the interior regions has made significant advances in
documenting the extent and intensity of inland resources, especially in the Big Cypress
and Everglades parks (Ehrenhard, Carr, and Taylor 1978, 1979, Ehrenhard and Taylor
1980, Ehrenhard, Taylor and Komara 1980, Taylor and Komara 1983, Taylor 1984,
1985). Synthesis of this data is available only for the Everglades Park (Griffin 1988) and
this is definitely the most important single publication on south Florida archaeology to
date. Athens (1983) summarized some of the results of the Big Cypress survey, but more
analysis of this data resomce is needed.
9
Agenda Item No. Be
June 6, 2006
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Beriault et a1. (1981) reported on salvage excavations at Bay West Nursery (8CR200),
describing a well known but rare and little documented. Early and Middle Archaic use of
ponds for cemeteries.
In 1995 Drs. Randolph Widmer and Rebecca Story began an ongoing investigation at the
Key Marco Midden. In this first season they excavated with the help of graduate students
and volunteers. The results of their work have apPeaI:ed in The Florida Anthropologist
(Widmer. 1996).
. ,
(
In the last two decades the pressure of development as well as a recognized need for
preservation or mitigation of prehistoric sites has led to a number of reports by
commercial cultural resource management consultants. While most of these reports are
limited in scope due to restriction to a sma111ract of land, many have produced useful
summaries of regional archaeological, as well as insightful analysis of the relationship
between site types and location and ecotypes. (Almy and Deming 1982, 1986a, 1986b,
1986c, 1987, Austin 1987, Carr and Allerton 1988&, 1988b, Deming and AImy 1987,
1988, Fay and Carr 1990, Fuhrmeister et aI. 1990, Martinez 1977, Miller and Fryman
1978, Swift and Carr 1989).
Arthur W. Lee, John Beriault and others in the Southwest Florida Archaeological Society
(SWF AS) have recorded and investigated a large number of archaeological sites in
Collier and Lee Counties. It is an ongoing effort of the Society to publish and dissemillBte
reports and manuscripts (Lee et aI. 1993, 1997, 1998, Beriault 1973, 198~ 1986, 1987,
Beriault and Strader, 1984). Many of these reports deal with small interior seasonal sites.
This avocationist society is one of the strongest voices for the protection of Collier and
Lee County archaeological resources, and they have been careful to document and
control their excavations, the majority of which are salvage operations on sites that have
been heavily impacted. In addition, Beriault has provided several unpublished
manuscripts as to site types and areas {Beriault 1972, 1987).
10
Agenda Item No. Be
June 6, 2006
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Cultur'al Summary
Stirling was the first to distinguish the indigenous prehistoric cultures of southem Florida
in 1936 by defining a Glades cultural area that includes all of south Florida (Carr et at.,
1994b:9; Milanich, 1994:5-6). Griffin (1988) pointed out that this was not formulated as
a strict cultural area, but it was rather a geographic region with some common cultural
traits. Kroeber (1939), in a review of North American prebistc;>ry, utilized a slightly
different term, the "South Florida Area," basing his definition on both environmental and
cultural factors. Subsequently Goggin delineated more particular boundaries for southern
Florida and divided the region into three sub-areas: "Okeechobee" for the areas around
Lake Okeechobee, "Tekesta" for southeast Florida and the Florida Keys, and "Calusa"
for Southwest Florida (Carr et ai., 1994b: 1 0; Goggin, 1947:114-127).
Following Goggin's study, subsequent researchers have refined or altered the cultural
distinctions attributed to southern Florida's prehistoric populations. There has been
criticism that Goggin's names and definitions were based on historic accounts of the'
main (proto) historic groupS found in the respective regions and not on the archaeological
evidence of spatial, temporal, and cultural differences (Sears, 1966; Griffin, 1974; Carr
and Beriault, 1984; GriffIn, 1988). Griffin, in particular, questioned the distinctions. He
believed that South Florida cultures vaJied only by local environmental conditions and
ceramic exchange rates. Griffin believed the inhabitants of prehistoric southern. Florida
were mainly dwelling on the coast and that the interior was nearly uninhabited and under-
utilized. Griffin designated the entire southern Florida region as the "Circum-Glades"
area (Bcle, 1997:5; Griffin, 1974:342-346). This new designation for the area was
furthered by a widely circulated book on FIOlida archaeology by Milanich and Fairbanks
(1980). Griffin later (1988) retreated to some extent from his earlier position as further
research (particularly by Ehrenhard, Carr, Komara, and Taylor in the Big Cypress and
Carr in the eastern Everglades in the 1970s and 1980s) showed abundant sites (~d
concomitant use and habitation) in the interior and Everglades.
J
I
Carr and Beriault, in particular, have taken issue with the concept of a Circum-Glades
region. Carr's research in the Big Cypress and Everglades and his subsequent analysis
demonstrating variation of key cultural markers (Particularly in decorated ceramics)
formed the basis for this contention, There is abundant evidence for cultural (and
probably political or tribal) diversity in the various areas of south Florida. Carr and
Beriault particularly noted and defined differences between the lower southwest Florida
coast, which they termed the "Ten Thollsand Island" region, and the area to the north,
which they called the "Caloosahatchee" region. This second area they believed to be the
seat of the historic Calusa chiefdornship, although previous (and some subsequent)
researchers have called the entire southwest Florida from Cape Sable to the Cape Haze
peninsula (and beyond) in Charlotte County "Calusa."
Griffin, in his definitive 1988 synthesis on Everglades archaeology, attempted to
reconcile and refine some of the conflict in the definition of south Florida prehistoric and
historic culture areas. As stated by Can' and colleagues (l994b), "the issue...appears in
part to be one of trying to determine the significance of regional and temporal variation,
rather than whether these differences are rea!." There is evidence that changes through.
I 1
Agenda Item No. Be
June 6, 2006
Page 161 of 219
time in regional political affiliations or realties makes any model not addressing this
complex issue two-dimensional. The Ca1usa hegemony that was in place by the time of
the arrival of Europeans may have begun as early as 800 AD in the Ten Thousand Island
"district" or area (Griffin, 1988:321; em et al., 1994b:12). There is currently ongoing
research to further refine present thought as to cultural affiliations in south Florida. It
would seem only a matter of time before new directions and emphases provide a more
accurate summation of south Florida cultural affinities.
Using the present models, the coastal zones of Collier County and southern Lee County
contain two distinct culture areas: the c&1oosahatchee area (called the'lhe 'heartland' of
the Ca1usa", Carr et aI, 1994b:12) to the north, and the Ten Thousand Islands area to the
south. At a yet undefined point to the east lies the Okeechobee cultural area, but the
boundary, if it is a definite, fixed one, is likely to occur in the vicinity of the Immokalee
rise forty miles or more to the northeast of Indian Hill.
Temporal Periods and Adaptations
At the same time that south Florida archaeological cu.1tmal models have evolved over the
past 6O-plus years, so have the temporal markers or frameworlc on which we base
evolution of that culture. Much of this latter effort has resulted from comparisons made
between the recovered artifacts from the l00-year period of scientific and nonscientific
excavation and collection by the various individuals and institutions (and others)
enumerated in part above. This Floridian effort must be seen against the broader
background of archaeological work in eastc;m North America and the New World as a
whole. All of these efforts have been mutually complimentary and certainly not
exclusive.
In South Florida, . the following periods and adaptations seem to be generally accepted.
Part of this chronology involving the later or Formative period is called the Glades
sequence in honor of Goggin, the greater part of whose work in defining the ceramic
sequence or markers bas withstood the test of time and subsequent criticism (Go~
1939, J947, 1949c). From Goggin's day to present, pottery variability in fo~
substance, and decoration has proven useful for providing time markers, at least during
the arcbaeologically-brief(:t 3500 year) period spanning the late Archaic and Formative
periods that it was produced. Other artifact types and their variations have, to present,
proven somewhat less reliable as absolute indicants of prehistoric age. Radiocarbon
dating, a phenomena of the last 3o..plus years, provides, within the standard deviation
expressed in plus-or-minus years BP (before present), a relatively absolute date for a
given sample and provides a yardstick to measure traits or distinctions in provenienced
artifacts. Determining and adequately defining what traits we can discern against this
absolute is part of the ongoing function of the regional archaeological effort.
The following infonnation is generalized and abbreviated. The dates are approximate;
transitions between periods are in reality more gradual that the manner they are expressed
for convenience.
Paleo Period (14.000 - 8.500 BP)
12
Agenda Item No. Be
June 6, 2006
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During the PaJeo Period. the first Native Americans began moving into the southeastern
portion of North America and Florida. Most evidence of their presence in our state can be
reliably dated to about 10,000 BP.
There are no known Paleoindian sites in Collier County. Several are documented from
elsewhere in south Florida, including Warm Mineral Springs and Little Salt Springs in
Sarasota County (Cockrell and Murphy, 1918; Clausen and Gifford, 1915), Harney FIats
in Hi1lsbomugh County (Daniel and Wisenbaker, 1987) and the Cutler Fossil Site in
Dade County (Carr, 1986).
During this period, the terminal Wisconsian ice age, the climate was probably less
eKtreme, with cooler summers and warmer winters. The climate was also drier, and sea
levels were lower (Carbone, 1983; Allerton and Carr 1988a; Griffill1, 1988).
One reason that possible Paleo period sites have not been discovered in Collier and Lee
Counties is that the shoreline may have been as much as 100 miles further west due to
lower sea Jevels. Drier conditions may have made the interior very inhospitab~e, end the
shallow estuarine and littoral sites that existed were flooded by post-ice age Holocene sea
rises.
Any possible interior sites from the Paleo Period may be difficult to find due to lack of
diagnostic artifacts, Jow population density, and few permanent camps. These and other
factors may help explain the absence of recorded Paleo period sites in Collier and Lee
Counties.
Archaic Period (8..580 - 2.500 BPl
The Archaic period reflects a post-Pleistocene shift in adaptation marked by an increase
in the seasonal exploitation of a broad spectrum of food resources, a more restricted use
of tenitory due to regional specialization, and more semi-sedentary habitation sites. No
ceramics are known until the Late Archaic. During the Archaic, regional specializations
became more marked, not only with material culture but also with distinct local
utilization of ~ocal plant and anittlal resources.
As mentioned above, there is, as yet, no firm evidence of human presence in southwest
Florida during the PaleO period. This apparently is also true for the Early Archaic (8500-
7000BP), as there is evidence of an environment too arid to support scrub oak, and the
presence of shifting wind fanned dunes (Watts, 1975; Widmer, 1983). No early Archaic
sites are known from southwest Florida (Allerton and Carr, 1988: 14).
By about 6500 BP mesic conditions began to spread, although localized xeric conditions
continued (and still exist in some areas) through south Florida. Middle Archaic sites
dating from this time are rare, although the Bay West Nursery site (8CR200) in Collier
County and the Ryder Pond site (8LLI850) in Lee County near Bonita Springs provide
evidence of occupation, as do several sites in southeast Florida. The Bay West site is Ii
Middle Archaic cypress pond cemetery, associated with a lithic scatter. The Ryder Pond
site is a similar mortuaxy pond site surrounded by pine flatwoods (Carr and Heinz, 1996).
Beriault has also recorded several acenunic shell scatters in coastal sand hills (paleo
13
Agenda Item No. Be
June 6,2006
Page 163 of 219
dunes). some of which may date to the Middle Archaic. Griffin (1988) summarizes
evidence indicating that despite the rise of available surface water, brackish estuaries and
other major modem landscape features bad not formed, and population (or repopulation)
was still sparse.
During the Archaic period sea levels began to rise at a fairly rapid rates estimated at 8.3
em. per 100 years 6000-3000 BP. and 3.5 em per 100 years afterwards (SchoD et a/.,
1969), although whether sea levels were steadily rising or oscillating is still unclear (see
Griffin 1988; Allerton and Carr. 1990 for recent reviews of the literature). Data is
somewhat difficult to sort out as sea level rise was accompanied by both shore regression
and transgression in places. As conditions became wetter (and warmer) in the interior.
cypress swamps and hardwood sub-tropica1 forests established themselves by about 5000
BP (Carbone 1983. Delcourt and De1court 1981).
By late Middle or early Late Archaic times (4000 years BP) there were significant shell
mounds and middens on Hores Island, Marco Island, and elsewhere in the coastal regions.
suggesting that the estuary system bad been established and was being utilized to provide
the subsistence basis for denser populations and semi-sedentary settlements (Morrell,
1969; Cockrell, 1970). At Useppa Island in Lee County, excavations have provided
radiocarbon dates from pre-ceramic shell middens ranging between roughly 4900 BP and
5600 BP. suggesting that the Middle Archaic as weD as Late Archaic periods saw a
growing dependence on shellfish resources (Milanich et al., 1984). There are aceramic
coastal sand bill and interior wetland sites as wel~ but these have not been demonstrated
to be Archaic despite some investigators equating aceramic with preceramic.
Radiocarbon dates for these sites would clarify this point.
Allerton and Carr (1988) noted that a number of stratified sites in the wet mangrove and
marsh areas of the Everglades, as well as on HOlTS Island, contain Archaic preceramic
horizons, although it is unclear if a.ceramic was equated with preceramic. Additional
supporting evidence of interior use by Archaic peoples will provide a new dimension to
the archaeological understanding of Archaic resource utilization. Allerton and Carr point
out that if ~ wet tree islands were initially used by Archaic people, then at least some of
the hardwood hammocks in swamp environments were raised in elevation (with
subsequent changes in vegetation) due to human activities. Post-Archaic people
extensively utilized these hammocks and continued to advance their development as
distinct geomorphic features. This is obviously an area where additional archaeological
investigations have a potential to contribute to understanding the interaction of
geomorphic and cultural evolution in southwest Florida.
Toward the end of the Archaic there was the introduction of fiber-tempered pottery into
the archaeological record, often used as a marker of the Orange Phase, commencing at
about 4000 BP. either coincident with or soon after the development of the extensive
shell middens. The Late Archaic Orange Phase subsistence strategy is characterized by
intensive use of shellfuh and marine resources, as wen as being marked by an accelerated
trend toward regional specializations.
14
Agenda Item No. Be
June 6, 2006
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A number of the large shell middens on Marco Island (Cockrell, 1970), Hom Island
(Russo ad.), Cape Haze (BuIlen and Bullen, 1956), and elsewhere date from this period
or earlier, as they contain fiber-tempered ceramics, although there are known aceramic
(preceramic?) levels below the Orange Phase deposits that may date to the .Middle
Archaic. These shell middens are usually capped by deposits from later occupations as
well.
,O~~~ ~~rge or ~~~!i~~ (~~_B' - 500 ~l)
. . . -'.
The Formative or Glades adaptation, based on hunting, fishing, and the harvesting of
shellfish and plants, was similar to the Archaic. but was characterized by increasing
specializations in gathering strategies and tool-making. Earlier writers have typed this
hunter-gatherer society as primitive or "low-level" (Kroeber, 1939). However, there is
certainJy evidenee from the specialization of tools, from the bemutifuUy-executed wood
carvings from Key :Marco in Collier County and those from Fort Center near Lake
Okeechobee (Cushing, 1897; Sears, 1982), and from the historic accounts of the Calusa
hegemony, that the sOuth Florida area had an advanced culture that Goggin (1964) has
called a "stratified non-agrarian society."
The preceding Late Archaic late Orange phase (also known as the transitioBJal phase) was
marked by changes in pottery, and terminated with the relatively rapid replacement of
fiber-tempered pottery with sand-tempered, limestone-tempered, and chalky "temperless"
pottezy. It was also characterized by changes in ceramic styJe and often by reduction in
the size of stone projectile points.
The Formative Stage (beginning about 2500 BP) is divided in south Florida into the
Glades Periods sequence. Subsistence adaptation is marked by a narrowing spectrum of
resource use, as well as continued trends toward regional diversity and ecological
specializations, marked in part by the proliferation of inland resource extraction
encampments.
,
Formative Period cultural evolution eventually led to increased political sophistication,
pecbaps initially of modest dimensio~ but culminating in broad regional political
alliances and regulation of materials and goods (i.e. resources) between the coast and
inland areas (Milanich and Fairbanks, 1980). By proto historic and contact times the
Calusa were the dominant tribal group, gaining broad political influence and at least
partial control over much of south Florida as far north as central Brevard County.
Historically. the main CaJusa village bas been regarded as "Calos" on Mound Key in
Estern Bay in Lee CountYt although 50 to 70 large villages were under direct CaluS&
control by contact times (Griffin, 1988).
During the Formative Periodst village sites grew to the proportions of large multi-use
complexest particuJarly along the coast and barrier islands of southwest Florida. Some of
the projected intra-site functions of the elements of these complex shellworb were as
temples, canalst causeways, temple and platform mounds, courtyards and watercourts.
Current research involving the excavating of large contiguous areas of these shen mound
15
Agenda Item No. Be
June 6, 2006
Page 165 of 219
complexes is beginning to establish demonstrable uses for the features of these large
sites, upon which heretofore were merely speculated (VV"Klmer, 1996).
TIdal estuary rivers and inland hanu1)Ocks along deep water sloughs, marshes, and
permanent ponds were seasonally visited for extraction of natural resources, and are now
marked by smaLl to relatively large black dirt middens, some of which may have been
semi-permanem hamlets. The pine and cypress flatwoods appear to have supported few .
sites, although areas around Lake Trafford and other rich interior areas developed
substantial sites, including sand mounds, and may be more similar to the Okeechobee
cultural area than to the coastal cultures.
In 1992, Dickel and Carr excavated an apparent Deptford Period burial mound (the Oak
Knoll Site) in the Bomta Bay Tract north of the Imperial River. Exotic trade items and
seventy or more humm burials were among the material . findings. The temlting
conclusions and subsequent surveying and testing of the Bonita Bay Shell works
(8LL717) suggest socia! stratification and complexity may extend further back into the
past than the Formative period (Dickel and Carr, 1992).
Coastal sites (shell middens) reflect a predomin.ue dependence on.fish and shellfish, wild
plant foods and products, and larger inland game. The inland sites show a greater reliance
on interior reaources, including large. medium and smaIl mammab, turtle. small
freshwater fish, alligator, snake, frogs, and, sometimes, freshwater shellilsh. Interior and
coastal resow-ce exchange can be documented by the consistent finds of moderate
amounts of marine shell in many interior middens. as well as interior resources in coastal
middens.
The Formative Stage (with a nod to Goggin) bas been often termed the Glades cultural
tradition. .Much of this "tradition" is focused on decorated ceramics, the minority in the
archaeological record, although the majority of recovered (rim) sherds are plainware.
However, despite this, pottery (and its decorations) is usually utilized as the major
temporal marker(s) for fitting sites into a temporal framework. Changes in pottery do not
represent. mere changes in ll1istic motifs, but reflect inter- and intra-regional trade
contacts aDd outside cultural influences (possibly through exogamy. shifting of
populationS. and even the through evolution of a culture through time). Whatever the
influences, the Giades tradition is continuous from post-Archaic times to contact times.
Despite the fact that exogamy is likely to have been practiced, traders or other specialists
probably moved between major cultural areas in small numbers, and genetic flow
probably accompanied cultural exchange, although perhaps not on the same scale. This
may have increased in later times due to use of traditional obligations of kinship and
intermarriage to stabilize alliances that were not codified into a formal legal system.
The following table has been modified from several sources, but it is predominantly
based on Milanich and Fairbanks (1980), Griff'm (1988), and Allerton and Carr (l990).
Dates have been rounded somewhat and translated to Before Present (BP). There are
some differences of opinion in the dates, particularly about the timing of the Glades Ia
and Ib division.
16
Agenda Item No. Be
June 6. 2006
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Glades Ie. (2500 BP - 1500 SP)
TABLE !~ GLADES CULTURAL SEQUENCE
Glades Ib (1500 BP - 1250 BP)
Glades lla (1250 BP - 1100 BP)
Glades llb (1100 - 1000 BP)
Glades Hc (1000 BP - 800 BP)
Glades illa (800 - 600 BP)
Glades Illb (600 BP - 500 BP)
Glades me (500 BP - 300 BP)
First appearance of sand tempered plain pottery.
but little else to mark a difference and the
preceding Late Archaic. Sand tempered plain
remains a predominate type throughout the Glades
sequence.
First appearance of decorated sand-tempered
ceramic (Ft. Drum Incised, Ft. Drum Punctated,
Cane Pmch Incised, Turner River Punctate).
pJainware common. Pottery rim grooving and
incision decorations become widespread.
First appearance of Key Largo Incised. S&nibeI
Incised, Miami Incised, and pmmware is common.
Distinction between ceramics of southeast and
southwest Florida becomes apparent. Ten
Thousand Island area distinct from Caloosahatchee
area. First mound construction- increased social
stratification? Population size may have
approximated that at contact.
First appearance ofMatecu.mbe InciSed; Key Largo
Incised common on east coast, Gordon's Pass
Incised common on the west, and pIainware
common throughout.
First appearance of Plantation Pinched, but few
decorated wares with a preponderance of plainware
(there is some evidence of population reduction-
perhaps due to a cataclysmic event). Non-local
pottery (e.g. 81. Johns Plain and Check Stamped.
Belle Glade Plain) appears.
First appearance of Swfside Incised, increasing
quantities of St Johns pottezy (especially on East
Coast), and Belle Glade pottery.
Glades Tooled rims appear (rare on West Coast).
zoned punctate designs, but general decline in
incised decoration. Belle Glade ceramics common
on west coast. 8t. Johns ware present but rare on
West Coast. common on East Coast.
Continuation of lib ceramics, with
pronounced flaring of rims and embossing on
17
Agenda Item No. Be
June 6, 2006
Page 167 of 219
Glades Tooled ceramics. Mound burial
construction less common with intrusive burials
into existing mounds, appearance of European
goods, plainware common.
By European contact times (the first balf of the 16th century), the southwest coast of
Florida was maintaining a vigorous, possibly expanding political chiefdom with a broad
network of alliances, as well as a rich and ancient cultural tradition without an
agricultural base. However, direct conflict with Europeans and, more importantly,
exposure to European diseases led to the rapid decline of the Calusa. By the mid 17008
their numbers had greatly diminished. The remnants of this once-powerful tdbe may have
left south Florida in the 17605 with the Spanish for relocation in Cuba. Others may have
become indistinguishable from Spanish Cuban fishermen who worked the great .fishing
"ranchos" in the Fine Island Sound region catching and sa1tmg fish for export to Cuba.
Other groups ofNnrive Americans may have fused with the Creek-derived Seminoles.
In the late 17008, members of the Creek tribe were forced into Florida from Georgia and
Alabama. They were later called Seminoles, from the Spanish term "cimmarones."
Pressures from colonial (and later) white encroachment on their traditional territories
forced them into the Big Cypress and Everglades area by the 1830s. ]By this time, most of
tbe cultural identity of pre-contact times had been lost, although some of the CaJusa
subsistence strategies may have been partly adopted by Seminoles. A number of
Seminole period sites have been documented on earlier Glades midderas. This
coincidence may in part reflect the paucity of high land in the interior (Ebrenhard et al..
1978, 1979, 1980; Ehrenbard and Taylor, 1980; Taylor and Komara, 1983; Taylor, 1984.
1985). Older midden sites (particularly those called '~black dirt" middens) can be rich
agriculturally as well as archaeologically, making these foci for historic Seminole
gardens and :fruit groves.
Seminole periods in south Florida are divided into 1(1820.1860), n (1860-1900) and ill
(190Q.1940) (Ehrenhard et at, 1978). Post-I940 Seminole camps are designated "Late
Seminole'; ~ some reports. These designations reflect the different stages of Seminole
migration . into south Florida, Seminole displacement and active conflict with the
expanding American culture, and the eventual refuge by Seminole remnants in Big
Cypress and Everglades regions. Military records, and, in particular, several sketch maps
by military personnel done in the 18308 and 18408 and the Ives military map of South
Florida (1856) shows evidence of investigations at and near "Mateo Inlet," "Casimba,"
"Good Land," and "Cape Romans."
SemiDole Wan in the Southwest Florida Area
The Second and Third Seminole Wars (1834-38, 1855-58) disrupted the peaceful
settlement of the Southwest Florida region. There were a number of forts--"temporary"
and permanent-established along the Caloosahatchee River during this time. Fort
Dulaney was established at Punta Rassa near the mouth of the Caloosahatchee in 1837
and was occupied intermittently through 1841. and again in 1855. After a hurricane
destroyed Ft. Dulaney in 1841, Fort Harvie was established upriVe1l". The name of this fort
18
Agenda Item No. Be
June 6, 2006
Page 168 of 219
was changed in 1850 by its commander General Twiggs to honor his new son-in-law,
Cot Abraham Myers. Fort Myers was thus created, and became the cmef fort of the
region.
From this central administrative point, a line of forts was established up the
Caloosahatchee River. They were: Fort Denaud, Fort Adams, Fort Thompson, and Fort
Center on Fisheating Creek leading into Lake Oke:chobee. Other forts and "temporary
depots" were established south into the Big Cypress Swamp such as Fort Simon Dnun.
Temporary Depot Number One, Fort Doane. Fort Simmons, Fort Keis, Fort Foster, Fort
Shackleford. and others.
A number of military expeditions were sent south along the coast during. the Second and
Third Seminole Wars with the objectives of interdicting trade in guns. and ammunition
between the Semiooies and the Spanish-Cuban fishing community, and hunting and
capturing Indians. General Thomas Lawson, who bad just been appointed Surgeon
General of the United States, commanded one of the early notable expeditions. Lawson's
expedition left Fort Harvie (Fort Myers) in February 1838. Elements of Lawson's
command explored the area in and around the Caxambas Point area, discovering two
abandoned Indian villages in the Blackwater River/PaIm Bay area. Other expeditions
bivouacked at Cape Romano and Caxambas Point. Colonel Rogers, of the ill-fated
Parkhill expedition, wrote several dispatches from Cape Romano in the Caxambas area in
1858, describing the ambush of Captain Parkhill's party at the headwaters of Turner
River. The Collier County Museum is the repository for a collection of military artifacts
purportedly found by a local collector near Indian Hill in the early 1960s. This material
may have originated with one of the various military expeditions stopping at Caxambas
Point.
Airport RudIN.ples Airport Area Recent History
The history of the eastern shore of Naples Bay began in the early 19008 with the
settlement. of an historic homestead known as the Hamilton Place 5.5 miles to the south
of the subj~ parcel. Naples had been created as a smaIl winter resort community in the
18808. SPortsmen and people lwating or fishing often frequented the eastern shore of
Naples Bay. East Naples. began developing as a suburb of the general Naples area by the
late 19408. World War IT brought the advent of a military training base to Naples at what
would eventually become the Naples Municipal Airport. The Airport Road Corridor has
seen remarkable growth and expansion in just the last twenty years. Business and
residential areas line both sides of this important arteIy its entire length. The subject
parcel is one of the last undeveloped parcels bordering Airport Road.
19
Agenda Item No. Be
June 6, 2006
Page 169 of 219
Methodology
Prior to conducting fieldwork in the project parcel, relevant archives and literature were
reviewed. This included, but was not limited to, studying previous archaeological reports
for sites in Collier County, reviewing information from the Master Site File in
Tallahassee concerning nearby sites, and examining USGS maps of the project area.
Also, black and white and color aerial photographs from the project are~ which could aid
in revealing anthropogenic ChA9s to the topography and floral .communities, were
interpreted..
Resean::h Delim
This phase 1 archaeological survey of the Meridian Village PUD parcel incorporated the
use of certain predictive archaeological site models. These models me based on
topographic and vegetative attributes that are associated with prehistoric and historic sites
in coastal Collier County. These models postulate that high ground areas in close
proximity to creeks, sloughs and wetlands are high probability areas for prehistoric
archaeological sites. The eIevational information on the USGS Naples North Quadrangle
map for the area also was used. It was predicted that overaU, the project parcel had a
moderate probability of containing archaeological sites because of the parcel's moderate
elevation and the presence to the north of higher probability areas near and along Rock
Creek.
Fieldwork
All areas of the parcel were assessed by pedestrian survey. Initial visual inspection of the
subject parcel identified only one area of moderate to high archaeological probability.
This was the south bank of Rock Creek adjoining the northern portion of the parcel.
Twenty I8-inch (45 em square) shovel tests were dug systematically and judgmenta1ly
across the parcel at variable intervals (Figure 6).. The south bank of Rock Creek was
tested at roughly lOO-foot inteIVals as systematically by eleven shovel tests. Nine other
judgmental .shovel tests were dug in the portion of the parcel south of the Creek. All
shovel tests were dug averaging 27 -inch (70 em.) depth or until sterile sediments were
encountered across the parcel. All excavated material was sifted through a !;4" diameter
mesh screening and any material of archaeological significance collected and sent to
AHC in Davie for cleaning, analysis, and conservation.
CollH'tiAnt
No archaeological material was recovered and sent to ~e AHC laboratory at Davie for
cleaning, conservation, and analysis.
IDformaats
No informants were intervieMred for this project.
20
Agenda Item No. Be
June 6, 2006
Page 170 of 219
I
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Figure 5. Archaeological high probability area and shovel tests at the
Meridian Village pun parcel.
:: NEGATIVE SHOVEL TEST
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AERIAl PROVIDED BY 1\MERICAN CONSULTING ENGINEERe LI.C
o
200
400
800 Feet approx.
2-/
Agenda Item No. Be
June 6, 2006
Page 171 of219
. - . .:? ~ ::. - i~..
. ~ . '" '. ;....
~."'"I: L:~ ., .:... ....
f
.'
Figure 6. View west across nortrteriy portion of the parcel. The parcel is
a cleared, mowed historic mesic slash pine/saw palmetto flatw'Ood area
south of Rock: Creek.
;.:'~2C~,;~~t'::~/'
Figure 7. View north at Scott Faulkner sifting Shovel Test # I.
vegetation in the backgrolUld marks Rock Creek and tbe northern border
of the parcel.
21
Agenda Item No. Be
June 6, 2006
Page 172 of 219
Results &lid Condu.ions
This phase I assessment of the Meridian VIllage PUD parcel resulted in the investigation
of all parts of the parcel. Based on regional archaeological site models, it was determined
that the upland area adjacent to Rock Creek had a moderate to high potential for
archaeological sites being associated with it. Twenty shovel tests were dug across the
parce~ which resulted in the discovery of no archaeological or historicaJ sites,. material or
reanues. .
The parcel area is homogenous slash pin~saw palmetto flatwoods, generally considered
only a low to moderate probability area for archaeological sites. The part of Rock Creek
adjoining the parcel is a minor tributary stream near its point of origin and a mile or more
from its outlet in Naples Bay/Gordon River. which may explain wh.y no archsoological
sites are known there.
Although a thorough and systematic effort was made to locate sites on the subject parcel
without positive resu!~ there is still the potential of small archaeological sites. features
or artifacts existing. rmd should subsequent development reveal this. then relevant
agencies and the consultant archaeologist should be contacted. In the event that human
remains are discovered then the provisions of Florida State Statue 872.05, the Unmarked
Human Remains Act, win apply.
23
Agenda Item No. Be
June 6, 2006
Page 173of219
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Almy. M:M and 10 Deming
1982 Cu1turai Resources Survey of the Emerald Lakes Tract in Northwest Collier
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Athens, WP
1983 The Spatial Distribution 01 Glodes Period Sites within the Big Cypress
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Beriault.lG .
1973 A Preliminary Report on the Area Known as the Collier-Coral Ridge Tract,
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ARC. '
24
Agenda Item No. Be
June 6,2006
Page 174 of219
1998 An Archaeological Swvey of the Standerfer Parcel, Lee County, Florida.
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1981 The Archaeological Salvage of the Bay West Site. Collier County, Florida. In
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Beriault, JG and C Strader
1984 A Preliminary Report on Stratigraphic Excevation on Choko!oskee Island,
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Beriault, John G. and Robert S. Carr
2000 An Archaeological and Historical Assessment of Sbadowlawn Parcel, 8CRBO~,
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Carbone, VA
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Carr, RS
1986 Prelimin'lry Report on Excavations at the Cutler Fossil Site (8DA2001) in
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Carr, RS and D Allerton
1988a An Archaeological Survey of North Keewaydin Island, Collier County, Florida.
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Carr, RS and JG Beriault
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pp. 1-14.
25
Agenda Item No. Be
June 6, 2006
Page 175 of 219
Carr, RS and K Heinz
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Carr, RS, W Steele and I Davis
19948 A p~ I Archaeological and Historical Assessment of the Piper Tract, Collier
County, Florida. April, 1994.
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Clausen, C and 1 Gifford
1975 Florida spring confirmed as 10,000 year old early man site. The Florida
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Cockrell, W A
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Coclael~ W A and L Murphy
1978 Pleistocene Man in Florida. Archaeology of Eastern North America Vol. 6.
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Cushing, PH
1897 Exploration of Ancient Key-Dwellers' Remai.tul on the Gulf Coast of Florida
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Danie~ RI and M WJ.Senbaker
1987 Hamey Flats. Baywood Publishing Company, Fanningdale, New York
Delcourt, P A 8nd HR Delcourt
1981 Vegetation Maps for Eastern North America: 40,000 Years B.P. to Present. In
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Deming, JG and M Almy
1987 A Cultural Resource Assessment Survey of the Audubon Country Club Tract in
Northwest Collier County, Florida. Archaeological Consultants Inc., Sarasota,
Florida. FMSF 1487.
1988 Mitigative Excavation at Selected Portions of Site Complex 8CR860 in Northwest
Collier County, Florida. Archaeological Consultants Inc., Sarasota. Florida.
FMSF 1813.
26
Agenda Item No. 8e
June 6, 2006
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Dickei~ D and RS Carr
1992 Archaeological Investigations at Bonita Bay Properties, Phase II. Lee Countyp
FL. ARC Technical Report #49.
Douglass, AE
1885 Ancient Canals on the South.west Coast of Florida. American Antiquarian 7:227-
285.
1890 Mounds in Florida. American Antiquarian 12: 105.1 07.
Dumford, CD
1895 The discovery of aboriginal netting~ rope~ and wood implements in a muck
deposit in west Florida. American Naturalist 29: 1032-1039.
Eck, CR
1997 An Archaeological Survey of the Pembroke Center Parcel DRI~ Broward County,
Florida. Archaeological and Historical Conservancy~ Miami, Florida ARC
Technical Report # 198.
Ehrenhard, JE, RS Carr, and RC Taylor
1978 The Archaeological SurVey of Big Cypress National Preserve: Phase L National
Park Service, Southeast Archaeological Center, Tallahassee, Florida.
1979 The Big Cypress National Preserve: Archaeological Survey Season 2. National
Park Service, Southeast ArchaeologicaI Center, Tallahassee, Florida.
Ebrenhard, IE and RC Taylor
1980 The Big Cypress National Preserve: Archaeological Survey Season 3. National
Park Service, Southeast Archaeological Center, Tallahassee, Florida.
Ebrenhard, JE, RC Taylor, and G Komara
1980 Big Cypress National Preserve Cultural Resource Inventory Season 4. National
Park SelVice, Southeast Archaeological Center, Tallahassee, Florida.
Fay, P and RS Carr
1990 An Archaeological Review Of Select Sites of Impact in the National Panther
Refuge, Collier County, Florida. Archaeological and Historical Conservancy
Technical Repon #22, Miami , Florida.
Fradkin, A
1976 The Wightman Site: A Study of Prehistoric Culture and Environment on Sanibel
Island, Lee County, Florida. M.A Thesis, Department of Anthropology~
University ofFJorida, Gainesville.
27
Agenda Item No. 8e
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Fubrmeister, C, R1 Austin, and H Hansen .
1990 Cultural Resource Assessment Survey of the Collier Tract 22 Development Site,
Collier County, Florida. Piper Archaeological Research Inc. St. Petersburg,
Florida. FMSF 2423.
Goggin,JM
1939 A Ceramic Sequen<.',e in South Florida. New Mexico Anthropoiogist 3:36-40.
1940 The distribution of pottery wares in the Glades Archaeological Area of South
Florida. New Mexico Anthropologist 4:22-33.
1947 A Preliminary Definition of Archaeological areas and Periods in Flodda.
AmerlcanAntiquity 13:I14-127.
19498 Cultural Occupation at Goodland Point, Florida. The Florida Anthropologist 2(3-
4): 65-91.
1949b The Archaeology oftbe Glades Area. Unpublished MS on file, SE Archaeological
Research Center, NPS~ TaUahassee, Fl
1949c Cultural Traditiou in Florida Prehistory. In l.W. Griffm (editor) The Florida
Indian and his Neighbors. W'mter Park, Florida: Rollins College.
Goggju, JM and we Sturtevant
1964 The Calusa: A Stratified, Nonagricultural Society (with notes on sibling
marriage). In W Goodenough (editor) Erplorations in Cultural Anthropology:
Essays in Honor of George Peter Murdock. New York: McGraw Hill Pp. 179.
291.
Griffin, 1W
1974 Archaeology and Environment in South Florida. In P.l Gleason (ed.),
Environments of South Florida: Present and Past II. Coral Gables: Miami
GEOlo8fcal Society, pp 342-346.
1988 The Archaeology of Everglades National Park: A Synthesis. National Park
Service, Southeast Archaeological Center, Tallahassee, Florida.
Hrdlieka, A
1922 The Anthropology of Florida. Deland, Florida: Publications of the Florida State
Historical Society 1.
Kenworthy, C1
1883 Ancient Canals in Florida. Smithsonian Institution Annual &port for 1881:
105-109.
28
Agenda Item No. se
June 6, 2006
Page 178 of 219
Kroeber, At
1939 Cultural and Natural Areas in Native North America. Berkeley: University of
California Press.
Laxson, DD
1966 The Turner River Jungle Gardens Site, Collier County, Florida. The Florida
Anthropologist 19: 125-140.
Lee, AR 1G Beriault, W Busche~ J Belknap
1993 A SmaIl Site - Mulbeny Midden, 8CR697 - Contributes to Knowiedge of the
Transitional Period. The Florida Anthropologist 46:43-52.
Lee, AR, IG Beriault, 1 Belknap, WM Buschelman, AL Snapp and JW Thompson
1997 Salvage Excavation of an Archaic Period Special-Purpose Site in CoUier County.
The Florida Anthropologist 50: 11-24.
1988 Reineken Hammock, 8CR23 1: A Late Archaic Corridor Site m Collier
County. Southwest Florida Archaeological Society. Naples, Florida.
McMichaels, A
1982 A Cultural Resource Assessment of Rom Island, Collier County, Florida. MA
thesis, Department of Anthropology University of Florida, Gainesville.
MarqUantt, WH
1984 The Joss/yn IslandMound and its Role in the.Investigation of Southwest Florida's
Past. Gainesville: Florida State Museum. Department of Anthropology,
Miscellaneous Project Report Series 22.
1987 The Calusa Social Formation in Protohistoric South Florida. In T.C. Patterson and
C.W. Gailey (editors) Power Relations and State Formation. Washington, D.C.:
Archaeology Section, American Anthropological Association, pp. 98-116.
1988 PolitiCs and Production Among the Calusa of South Florida. In T. Ingold, D.
Riches, and J. Woodburn (editors) Hunters and Gatherers 1: History, Evolution,
and Social Change. London; Berg Publishers, pp. 161-188.
1992 Recent Archaeological and Paleoenvironmental Investigations in Southwest
Florida. In W.K Marquardt (editor), Culture and Environment in the Domain of
the Colusa. Gainesville: Institute of Archaeology and Paleoenvironmental
Studies. Monograph 1, University of Florida, pp. 9-58.
Martinez, C
1977 Archaeological snd Historical Survey and Assessment of the Proposed Collier
County 201 Waste Water Management Facilities, Collier County, Florida. Russell
& Axon Inc. and Smally, Welford & NaIven Inc. FMSF #257.
29
Agenda Item No. se
June 6, 2006
Page 179 of 219
Miianich, IT
1994 Archaeology of Precolumbian Florida. Gainesville: University Press of Florida.
:Milanich ITt J C~ AS Cordell, S Hale, and R Merrinan
1984 Prehistoric Development of Calusa Society in Southwest Florida: Excavation on
Useppa Island. In D.D. Davis ("<titor) Perspectives on Gulf Coast Prehistory.
Gainesville: University Presses ofFlorid~ pp. 258-314.
Milanich, IT. and CH Fairbanks
1980 Florida Archaeology. New York: Academic Press.
Miller, 11 and ML Fryman
1978 An Archaeological and Historical Survey of the Collier Bay Tract, Marco Island.
Cultural Resource AUnagement Inc., Tallahassee, Florida. FMSF #3124.
Moore, CB
1900 Certain Antiquities of the Florida West Coast. Journal of the Academy oj Natural
Science~ Philadelphia I I :369-394.
1905 Miscellaneous Investigations in Florida. Journal oj the Academy of Natural
Science, Philadelphia 13:299-325.
1907 Notes on the Ten Thousand Islands. JOIIrnal of the AcadeMY of Natural Science,
Philadelphia 13 :458-470.
Mol'fA...u, RL
1967 Florida site form for site 8CR107.
1969 Fiber-tempered Pottery from Southwestern Florida. Abstract of presented paper,
American Anthropological Association Amwa1 Meeting, New Orleans, on file at
AHC.
Russo,M
1990 Report I on Archaeological Investigations by the Florida Museum of Natural
History at Morrs Island, Collier County~ Florida. FMSF 2353.
SchoD, DW, FC Crai~ and M Stuiver .
1969 Florida Submergence Cwve Revisited: Its Relation to Coastal Sedimentation
Rates. Science 163: 562-564.
Sears, WH
1956 The turner River Site, Collier County~ Florida. The Florida Anthropologist
9(2):47-60.
1966 Everglades National Park Archaeological Base Mapping Part 1. Unpublished,
FMSF MS# 1009.
30
Agenda Item No. se
June 6, 2006
Page 1S0 of 219
1967 Archaeological Survey of the Cape Coral Area at the Mouth of the
Caloosahatchee River. The Florida Anthropologist 20: 93-102.
19&2 Fort Center: An Archaeological Site in the Lake Okeechobee Basin. Gainesville:
University of Florida Press.
Simons, MH
1884 Shell Heaps in Charlotte Harbor~ Florida. Smithsonian Institution Annual Report
for 1882: 794-796.
Stirling,MW
1931 Mounds of the Vanished Calusa Indians of Florida. Smithsonian Institution
Explorations andField Work/or 1930: 167-172.
1933 Report of the Chief. Bureau of American Ethnology Annual Report 48:3-21.
1936 Florida Cultural Affiliations in Relation. to Adjacent Areas. In &suys in
ANthropology in Honor of Alfred Louis Kroeher. Berkeley: University of
CaJifomiaPress. pp 351-357.
Swift, A and RS Carr
1989 An Archaeological Survey of Caxambas Estates, Collier County, Florida.
Archaeological and Historical Conservancy, Miam~ FL~ ABC Technical Report
#/3.
Taylor, RC
1984 Everglades National Park Archaeological Inventory and Assessment Season 2:
Interim Report. NationaJ Park Service, Southeast Archaeological Center,
Tallahassee~ Fiorida.
1985 Everglades National Park Archaeological InventoJY and Assessment Season 3:
Interim Report. National Perk Service, Southeast Archaeological Center.
TJ1l1ahassee, Florida.
Taylor, RC and G Komara
1983 Big Cypress Preserve Archaeological Survey: Season 5. National Park Service,
Southeast Archaeological Center, Tallahassee, Florida.
Van Beck, IC and LM Van Beck
1965 The Marco Midden. Marco Island, Florida. The Florida Anthropologist 16: 1-20.
Widmer, R1
1974 A Survey and Assessment of Archaeological Resources on Marco IsIan~ Collier
County, Florida. Ms on file, FIvlSF #265.
31
Agenda Item No. 8e
June 6, 2006
Page 181 of 219
1983 The Evolution of the Calusa, a Non-agricultural Chiefdom on the Southwest
Florida Coast. Ph.D. ~ Pennsylvania State University, distributed by
University Microfilms International, Ann Arbor, .Michigan.
1996 Recent Excavations at the Key Marco Site, 8CR48, Collier County, Florida. The
Florida Anthropologist 49: 10-26.
Wllliams, JL .
1837 The Territory of Florida. Gainesville: University Press of Florida.
32
Agenda Item No. se
June 6, 2006
PRQ~ 1 R/ nf /1 q
Dates for Fieldwork: Start 9 121 I 05 End 9 /21 I 05
- - -- -- - - --- -
one) hectares _11.25 acres
Number of Distinct Tracts or Areas Surveyed _one
If Corridor (fill In one for each): Width meters feet
miles
Total Area Surveyed (fill in
Length
kilometers
Page 2
Survey log Sheet of the Florida Master- Site FUe
Types of Survey (check ell that apply): x archaeological 9 architectural e historicallarchivaU e underwater a
other:
Preliminary Methods (4Checlk as many as apply to the project as a whole. if needed wrfrte O~hf3B'S at bottom).
e Florida Archives (Gray Building) a tlb,iil'}/ reaearch- iOC8I pubic (3 local property or tax recordsEl windshield
9 Florida Photo Archives (Gray Building) e IIbrary.speciBl eollection _ nonloca! e n
x FMSF site property search e Public lands Survey (maps at DEP) e literature search
9 FMSF survey search x locai lnformant(s) e Sanborn Insurance maps
x other (descrfbe)grayfine aelial photographs Sind USGS Map
Archaeological Methods (Describe the proportion of properties at which method was used by VI.'ritlng in the
corrBSpondiflQ Jetter. Blanks are Interpreted as "None. j
F(-ew: 0-20%), S(--ome: 20~5O%); M(-ost: 5()"90%); or A(~I/, Nearlyall: 9()"100%). If needed write others at
bottom.
9 Check here If NO archaeological methods were used.
_$_ surface collection, controlled
_ surface collection, !mcontroUsd
_A_ shovel test-1/4"sCl'e8fl
shovel test-1/8" screen
- shovel test 1/16"screen
= shovel test-unscreenecl
_ other (describe):
_ posthole tests
_ auger (size:--->
_ coring
_ test excavation (at I_it 1x2 M)
_ other screen ahowl test {size: -->_ _
_ water screen (finsst siza: ->.
_ magnetometer
sIde scan sonar
= unknown
HistoricaJ/Architectural Methods (Describe the proportion of properties at which method was used by writing in the
corresponding letter. alanks are Interpreted as "None. j
F(-ew: 0-20%)~ S(-ome: 20-50%); M(-ost: 5()..9O%); or A(-If, Near1y aU: 90-100%). If needed write others at
bottom.
X Check here if NO hiStorical/architectural methods were used.
- building permits _ demoliti~n permits
- commercial permits _ exposed ground inspected
- interior documentation _ local property records
_ other (describe):
_ neighbor interview
_ occupant interview
_ occupl!l1:ion permits
_ subdivision maps
tax records
= unknown
Scope/Intensity/Procedures Review of USGS maps and aerial photographs followed by vehicular
and pedestrian survey of entire parcel, the selection of targets, and the excavation of 20 18in (45
em.) shovel tests in one target and thorough out the parcel.
Site Significance Evafuated? eVes eNe
If Yes, circle NR-efigfbleJsignlficant site numbers below.
HRieOII1Ui' FI:II'Ide MuIsr Site Fils, DtvilIloR of HisklricelI Reeoun:es, Only BuIIIdIng, lOG 80uIh 1lIuanougtIetnGt, v........... Fioride 32311-
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Agenda Item No. se
-~ S't- N . t,.gao...ti.. ..... Jl,Jn.e9, 2.0Q9~es
Site Counts: Previously Rscordt:JU has _ one 11I....ft"B~~
None
Previously Recorded Site "s (list site Ifs without -S.- Attach suppiementary pages If necessasy)
Newfy Recorded Site #'6 (Are you sure .11 .nt originals and not updates? Identify methods U!8d to check for
updates, Ie, researched the FMSF recortIs. Ust site tfs without -8.. Attach supplementary pages If necessary.)
Site Form Used: X SmartForm a FMSF Paper Form 9 Approved C~stom Form: Attach copies of
written approval from FMSF Supervisor.
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June 6, 2006
Page 184of219
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Agenda Item No. 8e
June 6, 2006
Page 185 of 219
Memorandum
To: Kay Deselem, AICP, Principal Planner, Department of Zoning and Land Development
Review
From: Michele Mosca, AICP, Principal Planner, Comprehensive Planning Department
Date: April 1 0,2006
Subject: Future Land Use Element Consistency Review
PETITION NUMBER: PUDZ-2005-AR-8126
PETITION NAME: Meridian Village PUD
REQUEST: Rezone the subject 11.68.:t acre site from C-4, Intermediate Commercial, and RMF-6,
Residential Multi Family, zoning districts to PUD, Planned Unit Development, zoning district to allow
120 dwelling units with customary accessory uses at a density of 10.27 DU/A (Request is for 16 DU/A
for conversion of commercial of the C-4 acreage and 6 DU/A for the RMF-6 acreage).
LOCATION: The subject site is located in the northwest corner of the intersection of Airport-Pulling
Road (C.R. 31) and Estey Avenue, in Section 02, Township 50 South, Range 25 East, Collier County,
Florida.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban (Urban
Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth
Management Plan (GMP). The subject site is also within the Traffic Congestion Area, part of the
Density Rating System, and the site is entirely within the Coastal High Hazard Area (CHHA) - that
area lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional
Planning Council Hurricane Evacuation Study Update. Relevant to this petition, the Urban Mixed -
Use District permits a variety of residential and non-residential land uses including mixed-use
developments such as Planned Unit Developments.
The Density Rating System provides for an eligible base density of 4 dwelling units/acre (DU/A)
throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5
DU/A) , whether in or out of the CHHA. But, because the site is located within the Traffic Congestion
Boundary it is subject to a 1 DU/A reduction, thereby making the site eligible for an adjusted base
density of 3 DU/A. However, the subject site is eligible for a higher density through the FLUE
Conversion of Commercial density bonus provision and Policy 5.1.
The C-4 zoned portion (4.98 acres) of the subject project is eligible for the Conversion of Commercial
Zoning density bonus which states: "if the project includes conversion of commercial zoning which is
not consistent with any Subdistrict allowing commercial uses, a bonus of up t016 dwelling units may
be added for every 1 acre of commercial zoning which is converted." This provision also allows for the
dwelling units to be distributed over the entire project (including the subject RMF-6 acreage). As with
all residential rezones, density afforded by the Density Rating System is the density that a given
1
Agenda Item No. se
June 6, 2006
Page 186 of 219
project is eligible for - it is not an entitlement; for the subject petition, the density range from 0-16
DU/A may be found consistent with the FLUE. As the site is presently zoned commercial (C-4) , it has
no assigned density or entitled density; the C-4 district allows a wide variety of retail, office, personal
service and institutional uses but does not allow residential uses (dwelling units).
The RMF-6 zoned portion (6.70 acres) of the subject project is eligible for 6 DU/A pursuant to FLUE
Policy 5.1, which states that properties zoned prior to the adoption of the Plan [in 1989] and found to
be consistent through the Zoning Re-evaluation Program, are consistent with the Growth
Management Plan and designated on the Future Land Use Map series as properties Consistent by
Policy. This is true of the subject acreage - it's density was not and is not consistent with the Density
Rating System; however, through the Zoning Re-evaluation Program it was determined to be
"improved property". FLUE Policy 5.1 goes on to provide that these properties may be rezoned
provided there is no increase in the number of dwelling units or overall use intensity. The requested
density for the subject acreage of approximately 40 multi-family dwelling units is consistent with the
type of use/intensity and density permitted by the RMF-6 zoning district.
Density calculations for the proposed project:
Conversion of Commercial density Bonus (C-4)
RMF-6 zoninq
Total Density Requested
16 DU/A X 4.98 acres = 79.68 DUs
6 DU/A X 6.70 acres = 40.20 DUs
10.27 DUlA (11.68 acres) (119.88 or 120 DUs)
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive
Planning leaves this determination to the Zoning and Land Development Review staff as part of their
review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of
the requested uses/densities on the subject site, the typical compatibility analysis would include a
review of both the subject proposal and surrounding or nearby properties as to allowed use intensities
and densities, development standards (building heights, setbacks, landscape buffers, etc.), building
mass, building location and orientation, architectural features, amount and type of open space and
location, traffic generation/attraction, etc. In viewing surrounding properties, gross density and/or net
density might be evaluated, and density averaging might be employed.
It should also be noted that the Evaluation and Appraisal Report (EAR) recommends limiting the
density to a maximum of 4 DUlA in the CHHA and replacing the Traffic Congestion Boundary (TCB)
reduction with a CHHA reduction of 1 DU/A. The result would be any conversion of commercial
bonus would be limited to 1 DU/A (4 DU/A base density - 1 DUlA CHHA reduction + 1 DU/A
Conversion of Commercial bonus = 4 DU/A maximum density). The EAR-based amendments to the
Comprehensive Plan have not been transmitted or adopted by the BCC at this time; this is expected
to occur in mid and late 2006.
Background/Additionallnformation
· Conversion of Commercial Zoninq
When the GMP was adopted in 1989, it contained two provisions to remove strip and isolated
commercial zoning: 1) the zoning re-evaluation program, a regulatory program whereby the County
could downzone properties; and, 2) the Conversion of Commercial Zoning density bonus in the
Density Rating System, an incentive for a property owner to initiate his/her own rezone from
commercial to residential zoning. At the same time, the GMP guided new commercial (and high
density residential) development to locations deemed more suitable and able to handle such
development, by establishing the Mixed Use Activity Centers. Through the zoning re-evaluation
program, approximately 215 acres of commercial zoned land was downzoned.
The Conversion of Commercial Zoning density bonus was applicable throughout the coastal urban
area at a maximum of 16 DU/A, except that the Urban Coastal Fringe Subdistrict (area lying south of
2
Agenda Item No. 8e
June 6, 2006
Page 187 of 219
US-41 , east of the City of Naples - within what was then referred to as the Coastal Management
Boundary) was capped at 4 DU/A, in effect limiting the bonus in that Subdistrict to 1 DUlA to add back
the 1 DU/A reduced for lying within the Traffic Congestion Area, and except that on Marco Island (via
a 1991 GMP amendment) density was allowed up to a maximum of 8 DU/A with use of this density
bonus, and required preparation of a hurricane evacuation plan. In 1997, with the adoption of the
EAR-based (Evaluation and Appraisal Report) GMP amendments, this cap on Marco Island density
was removed; also, the City of Marco Island was incorporated and eventually adopted their own GMP.
Since 1989, the Conversion of Commercial Zoning density bonus has rarely been used. Staff
surmises this is likely because most eligible properties are deemed more valuable as commercially
zoned, and/or the properties are not of such size, dimensions or location as to be suitable for
residential development. One such conversion rezone occurred in 2005 for a 1 0.45.:t acre parcel
located on the west side of Vanderbilt Drive at the western end of Wiggins Pass Road; the BCC
approved this rezoning by a vote of 4-1 (petition PUDZ-02-AR-3158, Ord. No. 05-15, Coconilla PUD)
from C-4 to PUD, to allow a multi-family development at a gross density of 7.98 DU/A. This project is
also located in the coastal high hazard area.
. Rule 9J-5, Florida Administrative Code (F.A.C.)
Rule 9J-5, F.A.C. contains the minimum requirements for a local government's GMP, including the
various elements to be included and what type of information those elements must include or address.
The Rule is based upon the requirements of Chapter 163, F.S. Specifically, Rule 9J-5.012, Coastal
Management [element], reads, in part:
"(3) Requirements for Coastal Management Goals, Objectives and Policies.
(b) The Element shall contain one or more specific objectives for each goal statement ... and
which:
5. Limit public expenditures that subsidize development permitted in coastal high-hazard
areas subsequent to the elements' adoption except for restoration or enhancement of
natural resources;
6. Direct population concentrations away from known or predicted coastal high-hazard areas;
7. Maintain or reduce hurricane evacuation times;".
Once a GMP is adopted, or an amendment thereto, it is reviewed by the Florida Department of
Community Affairs, and other agencies, for compliance with Ch. 163, F.S. Once that GMP, or
amendment, becomes effective, local development orders (rezones, etc.) are reviewed for
consistency with the GMP, not the Statute or Rule. The Collier County GMP - including the
Conversion of Commercial Zoning density bonus - has been found in compliance with Ch. 163, F.S.
and is in effect.
. Conservation and Coastal ManaQement Element (CCME)
Select portions of Collier County's CCME read as follows:
"GOAL 12: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE
THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND
PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE.
OBJECTIVE 12.2:
The County shall ensure that building and development activities are carried out in a manner, which
minimizes the danger to life and property from hurricanes. The public shall limit its expenditures
involving beach and dune restoration and renourishment, road repair, publicly owned seawalls,
docking and parking area. All future unimproved requests for development in the coastal high hazard
areas will be denied.
Policy 12.2.2:
The calculated needs for public facilities will be based on the adopted level of service standards and
future growth projections within the coastal high hazard area. The Future Land Use Element limits
new residential development, (thus obligation to infrastructure expenditures) to a maximum of four
3
Agenda Item No. 8e
June 6, 2006
Page 188 of219
dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not
vested shall be re-evaluated within three years and may change to a density level consistent with the
Future Land Use Element."
These Gaps direct the County to limit its expenditures for public facilities in the CHHA, and reflect the
County's desire to limit intensity of development in the CHHA both for reasons of safety to life and
property and to lessen the demand for public facilities. Policy 12.2.2 refers to density allowed in the
CHHA by the FLUE, but does so inaccurately. The correction of this internal inconsistency between
the FLUE and CCME needs to be the subject of a future GMP amendment, possibly as part of the
EAR-based amendments in 2004 (EAR-Evaluation and Appraisal Report). The FLUE is the Element
that regulates density in the unincorporated area of the County, with the exception of the Immokalee
Area Master Plan and Golden Gate Area Master Plan for those respective areas. Per the FLUE
Density Rating System: properties in the Urban Residential Subdistrict (including within the CHHA)
are eligible for a base density of 4 DU/A; because the CHHA (except for +1- one Section) is within the
Traffic Congestion Area, those properties are subject to a 1 DUlA reduction; eligible density bonuses
for properties in the CHHA are the Conversion of Commercial Zoning (up to 16 DU/A bonus) and
Affordable Housing (up to 8 DU/A bonus); and, density in the urban area is limited to a maximum of
16 DU/A, except as may be exceeded via use of TORs in Section 2.2.24.11 of the LDC - the pre-Rural
Fringe TOR provision.
The CCME intent to limit residential density in the CHHA, therefore, potential negative impacts to
people and property, is inconsistent with the density bonuses in the FLUE that are applicable in the
CHHA. In the past, in balancing the need for additional affordable housing with the desire to limit
residential density in the Urban Coastal Fringe Subdistrict (which is in the CHHA), the County gave
greater weight to the affordable housing need, thus allowed density bonuses for affordable housing in
the Urban Coastal Fringe Subdistrict (and in all of the CHHA). Presumably, the same balance was
weighed for removing strip and isolated commercial zoning. As to commercial zoning in the CHHA, its
development (as commercial) primarily results in more properly subject to negative impacts of major
storm events, whereas converting that commercial zoning to residential development results in
increased properly and persons subject to negative impacts of major storm events.
CONCLUSION
Based upon the above analysis, staff concludes:
1. The proposed uses for the site may be deemed consistent with the Future Land Use Element.
2. The proposed density for the site (10.27 DU/A) may be deemed consistent with the Future Land
Use Element as the Density Rating System provides for an eligible density of anywhere between
0-16 DU/A for Conversion of Commercial zoning (C-4 portion of the site) and 6 DU/A for the
RMF-6 zoned acreage determined consistent by policy (for an overall density of 10.27 DU/A).
3. Consideration should be given to the CCME Goals, Objectives and Policies that encourage a
minimization of density in the Coastal High Hazard Area.
(Project on CD Plus)
cc: Susan Murray, AICP, Director, Department of Zoning and Land Development Review
Randall Cohen, AICP, Director, Comprehensive Planning Department
David Weeks, AICP, Comprehensive Planning Manager
CD/FLUE file
CD PUDZ-2005-AR-8126 Meridian Village
G, Camp, CD Memos mrm/1/13/06
4
Agenda Item No. 8e
June 6, 2006
Page 189of219
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Agenda Item No. se
June 6, 2006
Page 190 of219
COWER COUNIY
FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT
2800 N. Horseshoe Drive · Suite 400 · Naples, Horida 34104 · (239) 403-23~O · Fax (239) 403-2331
CERTIFICATE OF AFFORDABLE HOUSING EXPEOITE"O REVIEW
PARTNERSHIP AGREEMENT
Name of development:
Meridian Vlllaae PUD
Location:
NW Quadrant of Airport Rd And Estey Ave
Applicant /Agent : R. Bruce Anderson. ESQ.. Roetzel and Andress. 850 Park Shore
Drive. NaDles. FL 34103
Bruce E. Tyson. AICP. Wilson Miller. 3200 BaileY Lane. NaDles. FL 34105
Contact Information: International Investors. 1255 Gulfshore Blvd. N. NaDles. FL
34102 Alt. Roger Wells 513-673-3400
Size of Property: 11.7+/- acres
Proposed Use: Residential mull-familY
Total Number Residential Units Planned: 120
Number of Affordable Housing Units Planned:
15% of final SDP aDDvd units C +/-18) - 80~. MI
- 60% MI
- 50% MI
- 35% MI
Proposed Land Use Restriction: X
- PUD Restriction or AHDB Agreement
. Developer Agreement
- Impact Fee Agreement
- other :
I hereby certify that the above described project meets the definition of providing affordable
Housing in Collier County and as such is entiUed to participate in the County's "Expedited Review
Procedures of Affordable Housing" as described in the Collier County Administrative Code through
Resolution No. 2005408.
By: 6rAtu at!" v Date: ~46
Operational Support and Housing Department
I hereby certify that I have reviewed the "Expedited Review Procedures of Affordable Housing" as
described in the Collier County Administrative Code through Resolution No. 2005-408 (copy
attached) and that all submittals made to the County will be made according to the timelines
identified in the Procedure. Failure to submit information in such a timely manner will result in the
remov~ ~~rom the Expedited Review Program. ;I J __}
By: ~~A l4...!::L----. Date:~ Dh
~~ e. 'it-I~ J 1\:1Gp: ~ -Applicant! Agent
This Certification must be submitted to the Department of Zoning and Land Development Review
with a c.omp/ete development Atld-:~, development permit application package within six months of
date of Issuance;:; 0 I 71~ i .. T COM'" t ."
Agenda Item No. Be
June 6, 2006
Page 191 of 219
From: DeselemKay
Sent: Thursday, November 10,20058:37 AM
To: banderson@ralaw.com; brucetyson@wilsonmiller.com
Cc: giblin_c; bellows_r; murraLs; SchmittJoseph; RoysLaura; bedtelyon_1
Subject: Meridian Village, PUDZ-2005-AR-8147
Good morning, Gentlemen,
We had agreed upon a 12/15/05 eepc hearing date and a 1/24/06 BeC date for this project
based upon the project's qualification for an expedited review under Resolution 2005-21 for an
affordable housing project. It seems as though this project's resubmittal has gone beyond the
time allotted in that resolution for an expedited review to meet that hearing date schedule. Staff's
response to your initial submittal went to you on 9/2/05 via e-mail and on 9/16/05 in a letter, but
no resubmittal has been made to date.
Any resubmittal would require county staff review. The staff report for a 12/15 ccpe hearing
would be due in less than a week, thus there is not enough time to complete a review of a
resubmittal and prepare a staff report for the proposed CCPC hearing date.
As I understand the situation, an EAe hearing may be required but that decision cannot be made
until Environmental staff reviews your resubmittal. The cepc hearing cannot be held until after
the EAC hearing.
A Neighborhood Information Meeting still has to be held as well. Please contact Linda Bedtelyon
to make the arrangements.
Once a resubmittal has been made and a determination has been made by Environmental staff
regarding the necessity for an EAe hearing, then ecpc and BCe hearing dates can again be
scheduled.
Kay Deselem, AICP, Principal Planner
Dept of Zoning & Land Development Review
Collier County Government
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239-213-2931
Fax: 239-643-6968
Agenda Item No. Be
June 6, 2006
Page 192 of219
May 17,2006
Ms. Kay Deselem, Principal Planner
Collier County Community Development and
Environmental Services
2800 N. Horseshoe Drive
Naples, FL 34104
RE: Meridian Village
PUDZ - 2005 - AR 8126
Dear Ms. Deselem,
The following terms and conditions must be met in their entirety before the City of
Naples Airport Authority can support the above referenced action:
1. Avigation Easement over the entire tract in favor ofNAA.
2. Disclosure to all prospective buyers and all future buyers that all units offered for
sale within this development are proximate to an active airport facility and should
expect all the disturbances associated therewith. Copy to be signed at closing and
sent to NAA.
3. Provide constructive notice within the condominium documents and Home
Owners Association Bylaws.
4. Permanent and irreversible deed notification.
5. Lowest density of development permitted by code and consistent with the
residentially zoned properties in the proposal.
6. Natural "preserve" area in NE corner to be maintained in perpetuity by the HOA.
7. Additional sound attenuation provided by the builder/developer for each unit in
the development as spelled out in Ordinance 2000- 43, 2.2.23.4.5 SLR Design
Requirements.
Agenda Item No. se
June 6, 2006
Page 193 of 219
I am available to discuss this further at your convenience. In the future, please coordinate
such actions with Mr. Erv Dehn, our Director of Engineering & Planning.
Sincerely,
Theodore D. Soliday
Executive Director
C: James V. Mudd, County Manager
Joseph Schmitt, Administrator, Collier County Community Development
Bruce E. Tyson, Wilson Miller
Michael Metcalf, Managing Member, Rock Creek Holdings, LLC
2
Agenda Item No. se
June 6, 2006
Page 194 of 219
May 18,2006
Ms. Kay Deselem, Principal Planner
Collier County Community Development and
Environmental Services
2800 N. Horseshoe Drive
Naples, FL 34104
RE: Meridian Village
PUDZ - 2005 - AR 8126
Dear Ms. Deselem,
This will serve to document the Airport Authority's position on the above referenced
action. First of all, and let me be perfectly clear, the City of Naples Airport Authority
cannot concur in the requested rezoning from commercial to residential given the
proximity to the airport. Commercial land use is compatible as an airport neighbor,
residential is not. That being said, if the County Planning Commission should
recommend approval of this action anyway, there are several things that we would
strongly request once rezoning has occurred:
I. A permanent Avigation Easement over the entire tract in favor ofNAA.
2. Disclosure to all prospective buyers that all units offered for sale within this
development are proximate to an active airport facility and they should expect all
the disturbances associated therewith. This should also be written into the Home
Owners Association Bylaws. In addition, we would ask that an acknowledgement
letter be signed by the buyer at closing and a copy sent to NAA.
We further understand that the developer has agreed to provide:
1. Natural "preserve" area in NE comer to be maintained in perpetuity by the
Homeowners Association.
2. Sound attenuation for each and every unit in the development as spelled out in
Ordinance 2000- 43, 2.2.23.4.5 SLR Design Requirements.
Agenda Item No. se
June 6, 2006
Page 195 of 219
I am available to discuss this further at your convenience.
Sincerely,
Theodore D. Soliday
Executive Director
C: James V. Mudd, County Manager
Joseph Schmitt, Administrator, Collier County Community Development
Bruce E. Tyson, Wilson Miller
Michael Metcalf, Managing Member, Rock Creek Holdings, LLC
I
Agenda Item No. Be
June 6, 2006
Page 196 of 219
ORDINANCE NO. 06 -_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
GENERAL COMMERCIAL (C-4) AND RESIDENTIAL
MULTI-FAMILY (RMF-6) ZONING DISTRICTS TO THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT TO ALLOW DEVELOPMENT OF A
MAXIMUM OF 120 MULTI-FAMILY RESIDENTIAL
DWELLING UNITS, TO INCLUDE A MAXIMUM OF 24
UNITS OR 20 PERCENT OF THE TOTAL DWELLING UNITS
AS WORKFORCE HOUSING UNITS FOR A PROJECT
KNOWN AS MERIDIAN VILLAGE RPUD WHICH IS
LOCATED ON THE NORTHWEST CORNER OF THE
INTERSECTION OF AIRPORT-PULLING ROAD (COUNTY
ROAD 31) AND ESTEY AVENUE, IN SECTION 2, TOWNSHIP
50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 11.68 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, R. Bruce Anderson, Esq. ofRoetzel and Andress, LPA, and Bruce Tyson of
Wilson Miller, Inc, representing Rock Creek Holdings, LLC, in Petition No. PUDZ-2005-AR-
8126, petitioned the Board of County Commissioners to change the zoning classification of the
subject real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject real property located in Section 2, Township 50
South, Range 25 East, Collier County, Florida, is changed from the General Commercial (C-4)
and Residential Multi-Family (RMF-6) Zoning Districts to the Residential Planned Unit
Development (RPUD) Zoning District to allow development of a maximum of 120 multi-family
residential dwelling units, to include a maximum of 24 units or 20 percent of the total dwelling
units as workforce housing units for a project known as Meridian Village RPUD, in accordance
with the Meridian Village RPUD Document attached hereto as Exhibit "A" and incorporated by
reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number
2004-41, as amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
Page 1 of2
/
SECTION TWO:
Agenda Item No. se
June 6, 2006
Page 197 of 219
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency:
Matjorie M. Student-Stirling
Assistant County Attorney
Page 2of2
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Agenda Item No. se
June 6, 2006
Page 199 of 219
LEGAL DESCRIPTION FOR MERIDIAN VILLAGE
DESCRIPTION
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 890 38'10'WEST 13.00 FEET TO THE WEST LINE OF AIRPORT ROAD;
THENCE SOUTH 000 31'26"EAST 1312.46 FEET ALONG SAID LINE TO THE INTERSECTION
OF THE NORTH LINE OF ESTEY AVENUE AND THE POINT OF BEGINNING;
THENCE SOUTH 890 37'00'WEST 340.07 FEET ALONG THE NORTH LINE OF ESTEY
AVENUE;
THENCE LEAVING SAID LINE AND IN ACCORDANCE WITH THE BOUNDARY LINE
AGREEMENT
AS RECORDED IN O.R. BOOK 764, PAGE 757, THE FOLLOWING NINE (9) COURSES AND
DISTANCES;
1) NORTH 010 09'40'WEST 129.40 FEET;
2) NORTH 880 50'20"EAST 40,00 FEET;
3) NORTH 010 9'40'WEST 50.76 FEET;
4) SOUTH 880 50'20'WEST 135.00 FEET;
5) NORTH 010 09'40'WEST 50.76 FEET;
6) NORTH 880 50'20"EAST 135.00 FEET;
7) NORTH 010 09'40'WEST 203.04 FEET;
8) NORTH 880 50'2D"EAST 344.12 FEET;
9) NORTH 000 43'37'WEST 372.75 FEET MORE OR LESS TO THE MEAN HIGH WATER
ELEVATION 1.61 (NGVD29):
THENCE GENERAL Y MEANDERING NORTHEASTERLY ALONG SAID LINE, 940 FEET MORE
OR LESS;
THENCE SOUTH 420 D6'50"EAST 46.56 FEET TO A POINT ON THE WEST RIGHT OF WAY
LINE OF AIRPORT-PULLING ROAD;
THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 000 31'26"EAST 1147.75 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
CONTAIN ING 11.68 ACRES MORE OR LESS
211e12lJ06. 152418 VOlt: 021- DHYATT
eMU
N022&-OO7-ll1JO. TTJ$._
Agenda Item No. Be
June 6,2006
Page 200 of 219
MERIDIAN VILLAGE
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
Approximately 11.68 Acres
Section 2
Township 50 South, Range 25 East
Collier County, Florida
PREPARED FOR:
Rock Creek Holdings, LLC
200 American Avenue
Glasgow, Kentucky 42141
PREPARED BY:
WilsonMiller, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
Roetzel & Andress, LPA
850 Park Shore Drive
Trianon Centre - Third Floor
Naples, FI 34103
DATE FILED 7/25/05
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
(Meridian Village PUD last revised 5/22/06)
T ABLE OF CONTENTS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION
SECTION II
PROJECT DEVELOPMENT
SECTION III
RESIDENTIAL DISTRICT
SECTION IV
PRESERVE DISTRICT
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
EXHIBIT A
MERIDIAN VILLAGE MASTER PLAN
(WilsonMiller File No. N0228-005-004)
LEGAL DESCRIPTION
EXHIBIT B
(Meridian Village PUD last revised 5/22/06)
2
Agenda Item No. Be
June 6, 2006
Page 201 of 219
PAGE
ii
1-1
2-1
3-1
4-1
5-1
Agenda Item No. se
June 6, 2006
Page 202 of 219
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Rock Creek Holdings, LLC, its successors
and assigns (the Developer), to create a Residential Planned Unit Development (RPUD) on 11.68:t
acres of land located in Section 2, Township 50 South, Range 25 East, Collier County, Florida.
The name of this Planned Unit Development shall be Meridian Village. The development of
Meridian Village will be in compliance with the planning goals and objectives of Collier County as
set forth in the Growth Management Plan (GMP). The development will be consistent with the
growth policies and land development regulations adopted hereunder of the GMP Future Land Use
Element (FLUE) and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed-Use District, Urban Residential Subdistrict,
and is located within the Traffic Congestion Boundary and the Coastal High Hazard Area,
as depicted on the Future Land Use Map (FLUM). The purpose of the Urban Residential
Subdistrict is to provide for higher densities in an area with fewer natural resource
constraints and where existing and planned facilities are concentrated.
2. The requested density of 10.27 dwelling units per gross acre is consistent with the GMP
through FLUE Policy 5.1 and the Density Rating System. The subject project is
comprised of properties zoned RMF-6 (Residential Multi-family, 6 dwelling units/acre)
and C-4 (General Commercial). This existing zoning is deemed consistent with the GMP
and the properties are designated on the FLUM series as Properties Consistent by
Policy. FLUE Policy 5.1 permits the rezoning of properties deemed Consistent by Policy
at the density permitted by the underlying zoning district; therefore the RMF-6 zoning
may be rezoned for 6 units/acre. The Density Rating System allows the conversion of
commercial zoning to residential at a rate of up to 16 dwelling units for each acre of
commercial zoning converted, and allows the units to be distributed throughout the
project; therefore, the C-4 zoning may be rezoned to residential at up to 16 units/acre.
RMF-6: 6 units x 6.70 acres = 40.20 units per acre
C-4 rezoned to Residential 16 units x 4.98 acres = +79.68 units per acre
Total allowable units on 11.68 acres 119.88 or 120 total units.
Total allowable units / total acres = 120/11.68 = 10.27 dwelling units per acre.
3. The subject property's location in relation to existing or proposed community facilities and
services, permits the development's residential density as required in Objective 2 of the
Future Land Use Element.
4. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
5. All final local development orders for this project are subject to Chapter 6, Infrastructure
Improvements and Adequate Public Facilities Requirements, of the LDC, as amended.
3
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. Be
June 6, 2006
Page 203 of 219
SHORT TITLE
This Ordinance shall be known and cited as the "MERIDIAN VILLAGE RESIDENTIAL PLANNED
UNIT DEVELOPMENT ORDINANCE."
4
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. se
June 6, 2006
FP~e 204 of 219
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the
Meridian Village RPUD, and to describe the existing conditions of the property proposed to
be developed.
1.2 LEGAL DESCRIPTION
The legal description of the Meridian Village RPUD property is attached hereto and
incorporated by reference herein as Exhibit "B."
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Rock Creek Holdings, LLC, whose
address is 200 American Avenue, PO Box 1598, Glasgow, Kentucky, 42141.
1.4 GENERAL DESCRIPTION OF PROPERTY
A The project site is located in Section 2, Township 50 South, Range 25 East, and is
generally bordered on the north by Rock Creek, on the east by the Airport-Pulling
Road, on the south by Estey Avenue and to the west by Residentially zoned land
(RMF-6).
B. The zoning classification of the subject property at the time of RPUD application
was C-4 (Commercial) and RMF - 6 (Residential).
C. Elevations within the site are approximately 3.5 - 4.5 feet-NGVD and a minimum
elevation of approximately 3.1 feet NGVD. The site is located in Zone AE 7 for a
small portion of the property adjacent to Airport Road and AE-8 for the balance of
the property as shown on the Collier County Zoning Atlas, Map Number 0502S.
D. There are no known previous uses and the site is open. Most of the exotics have
been cleared from the property and it is mowed to minimize exotic infestation.
E. The soil types on the site generally include Urban Land, Immokalee, Oldsmar,
Limestone Substratum, Complex and Durbin and Wulfert Mucks.
F. Prior to development, vegetation on site primarily consists of pine upland, exotic
species, and mangrove wetland.
G. The project site is located within the Rock Creek sub-basin, as depicted within the
Collier County Drainage Atlas (May, 1996).
(Meridian Village PUD last revised 5/22/06)
5
Agenda Item No. se
June 6, 2006
Pag~~5 of 219
1.5 DENSITY
Meridian Village is to be developed on 11.68:t acres in western Collier County. The
number of dwelling units proposed to be constructed is 120 units. The gross project
density, therefore, will be a maximum of 10.27 units per acre.
(Meridian Village PUD last revised 5/22/06)
6
Agenda Item No. se
June 6, 2006
Page 2O:f.-d>f 219
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the Meridian
Village RPUD, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. Meridian Village, a master planned community, will include a range of multi-family
housing and related amenities, which will provide services and facilities that support
its residents, including, but not limited to club facilities, community meeting rooms,
and a recreation center.
B. The Master Plan is illustrated graphically on Exhibit "A" (WilsonMiller, Inc., File No.
N0228-005-004). A Land Use Summary indicating approximate land use acreages
is shown on the plan.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Meridian Village RPUD shall be in accordance with
the contents of this RPUD Ordinance, and to the extent they are not inconsistent with
this RPUD Ordinance, applicable sections of the Land Development Code (LDC) and
the Collier County GMP which are in effect at the time of issuance of any development
order, to which said regulations relate which authorizes the construction of
improvements, such as but not limited to, final site development plan, excavation permit
and preliminary work authorization. Where this RPUD Ordinance does not provide
developmental standards, then the provisions of the specific sections of the LDC, that
are otherwise applicable, shall apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of
all terms shall be the same as the definitions set forth in the LDC in effect at the time of
development order application.
C. Development permitted by the approval of this PUD will be subject to Adequate Public
Facilities sections of the Collier County LDC.
D. Unless a deviation from the LDC is approved as part of this RPUD, the provisions of
other applicable sections of the LDC remain in effect with respect to the development of
the land which comprises this RPUD.
E. All conditions imposed herein are part of the regulations which govern the manner in
which the land may be developed.
F. The Site Development Plans sections, of the LDC shall apply to the Meridian Village
RPUD.
(Meridian Village PUD last revised 5/22/06)
7
Agenda Item No. Be
June 6, 2006
Page 2Q2'-taf 219
2.4 ROADWAYS
Roadways within the Meridian Village RPUD may be privately owned and maintained.
Standards for platted roads shall be in compliance with the applicable provisions of the LDC
regulating subdivisions, unless otherwise modified, waived or excepted by this RPUD or
approved during preliminary subdivision approval. The developer reserves the right to
request substitutions to Code design standards in accordance with the LDC. The developer
retains the right to establish gates, guardhouses, and other access controls as may be
deemed appropriate by the developer on all internal and privately owned and maintained
project roadways. These gates, guardhouses or other access controls will be subject to
compliance with the applicable LDC regulations.
2.5 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Meridian Village
RPUD except in the Preserve Areas. General permitted uses are those uses which
generally serve the residents of the Meridian Village RPUD and are typically part of the
common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under the Essential Services section of the
LDC, including sewage lift station, water lines, sewer lines, gas lines,
telephone lines, cable lines, electrical distribution lines and appurtances.
2. Water management facilities and related structures.
3. Lakes, including lakes with bulkheads or other architectural or structural bank
treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and neighborhood parks, trails and recreational facilities and
buildings.
6. Benches, gazebos, fountains, plazas and open space uses.
7. Temporary construction, sales, and administrative offices for the developer
and authorized contractors and consultants, including necessary access
ways, parking areas and related uses.
8. Landscape/hardscape features including, but not limited to, landscape
buffers, berms, fences, water features and walls subject to the standards set
forth in Section 2.8 of this RPUD.
9. Fill storage, site filling and grading are subject to the standards set forth in
Section 2.9 of this RPUD, except within Preserve Areas.
B. Development Standards:
(Meridian Village PUD last revised 5/22/06)
8
Agenda Item No. se
June 6, 2006
Page 20Z-6f 219
Unless otherwise set forth in this Document, or as noted in Table 1, the following
development standards shall apply to principal structures:
1. Setback from back of curb or edge of pavement of any road - twelve (12')
feet except for guardhouses, gatehouses, signage, walls, access control
structures and landscape features, which shall meet LDC requirements.
2. Minimum floor area - None required.
3. Minimum lot or parcel area - None required.
4. Sidewalks and bikepaths may occur within County required buffers,
however, the width of the required buffer shall be increased proportionately
to the width of the paved surface of the sidewalk, bikepath or cartpath.
5. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein are to be in accordance with the LDC
provisions in effect at the time this RPUD is approved
2.6 OPEN SPACE REQUIREMENTS
The Collier County LOC requires that residential projects maintain open space at a minimum
of 60% of the project areas. The RPUD Master Plan identifies preserves, lakes, and buffers
as open spaces. These areas, in conjunction with open space areas included within the
Residential District, will satisfy the 60% open space requirement of the LDC for residential
developments.
2.7 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to the Conservation and Coastal Management Element of the GMP, and the LDC,
a minimum of 25% of the viable naturally functioning native vegetation on site shall be
retained. Based on the existing 8.74+/- acres of native vegetation, a minimum of 2.19+/-
acres of native vegetation shall be retained or supplemented on-site, where shown on the
PUD Master Plan (Exhibit A).
The total number of acres of native vegetation and resulting preserve area may need to
be adjusted at the time of SDP permitting to meet the requirements of LDC Section
4.02.06. If this adjustment is required, this master plan can be administratively adjusted
and approved by Community Development and Environmental Services Staff providing
all minimum dimensions of the PUD are met.
2.8 RECREATION FACILITIES
The developer will provide a Consumer Product Safety Commission and American
Society for Testing and Materials certified commercial grade equipment and playground
area recommended for children between the ages of 2 and 12 prior to the issuance of
any certificates of occupancy. This facility will be available for residents and guests of
the project.
(Meridian Village PUD last revised 5/22/06)
9
Agenda Item No. se
June 6, 2006
Page 2~Cl>f 219
SECTION III
RESIDENTIAL DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Meridian Village RPUD designated on the Master Plan as "R."
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units permitted within the URn District is 120
and represents a gross project density of 10.27 dwelling units per acre.
3.3 GENERAL DESCRIPTION
The Residential District is designed to accommodate a full range of residential multi-family
dwelling types, compatible recreational facilities, essential services, and customary
accessory uses.
The approximate acreage of the "R" District is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages will be
provided at the time of site development plan approvals in accordance with the LDC.
Residential tracts are designed to accommodate internal roadways, open spaces,
recreational facilities and other similar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Townhouse dwellings
2. Multi-family dwellings
B. Temporary Uses:
1. Model units
2. Project information and Sales centers
C. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this District, including neighborhood community recreational
facilities.
2. Tennis courts and other recreational facilities and buildings.
(Meridian Village PUD last revised 5/22/06)
10
Agenda Item No. se
June 6, 2006
Page 218-~f 219
3. Swimming pools.
4. Public (non-commercial) administration facilities intended to serve the
residents and guests of the proposed development.
5. Garages and carports.
6. Common non-commercial buildings used for property management and
maintenance and intended to serve the residents and guests of the
proposed development.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R" District.
B. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein are to be in accordance with the LDC in effect at
the time of site development plan approval.
C. Development standards for uses not specifically set forth in Table I shall be
established during the site development plan approval process as set forth in the
LDC and shall be in accordance with those standards of the zoning district which is
most similar to the proposed use.
11
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. Be
June 6, 2006
Page 213-Bf 219
TABLE I
MERIDIAN VILLAGE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS
TOWNHOUSE MULTI FAMILY Accessory
DWELLINGS' 2 Uses
Minimum Lot Area 3,000 SF NA NA
Minimum Lot Width 30' NA NA
Minimum Front Yard Setback
(Principal and Accessory) 20' 20' 20,03
Minimum Rear Yard
Setback (Principal) 10' .5 BH NA
Minimum Rear Yard Setback.'
(Accessory) 10 10 10
Minimum Side Yard Setback o or .5 BH .5 SBH 10'
Minimum Setback from West 50' 50' 50'
Boundary and South Boundary
East and West of Steeves
Ave. only
Minimum Building Setback 25' 25' 25'
from Airport-Pulling Road
Maximum Height -;< 3 stories for a 3 stories for a 25'
maximum of 45 maximum of 45 feet
feet
Floor Area Minimum (SF) 1200 SF 1000 SF NA
Minimum Distance Between
Structures .5 SBH .5SBH 10'
Separation Distance Between 25' 25' 25'4
Preserve and Structures/Uses
BH: (Building Height): Zoned height, according to the LOC.
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements.
All distances are in feet unless otherwise noted.
Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Architectural bank treatments
shall include any structural materials used to retain earth such as concrete, stone or wood placed to LOC requirements.
Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. Sidewalks shall be located in the right-of-way.
B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed).
01 _ Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from Engineering
Services.
02 _ Multi-family use shall include multi-family units as defined in Collier County LOC.
03 _ Garages and carports shall be 10 feet from principal structures if detached. There will be a minimum of a 23 foot setback from the back of a sidewalk to front load garages.
04 _ Roadways, Parking Areas and Paved Sidewalks shall be 10' from Preserve.
(Meridian Village PUD last revised 5/22/06)
12
Agenda Item No. ae
June 6, 2006
Page212of219
4-1
SECTION IV
PRESERVE DISTRICT
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Meridian Village RPUD designated on the Master Plan, as "P."
4.2 GENERAL DESCRIPTION
Areas designated as Preservation Area on the Master Plan are designed to accommodate
conservation, passive recreation, and water management uses and functions.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Boardwalks, nature trails (elevated and at grade as long as any clearing
required to facilitate these uses does not impact the minimum required
native vegetation), and gazebos.
2. Water management structures.
3. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses, and which the Board of
Zoning Appeals (BZA) determines to be compatible in the Preservation
Area.
4.4 DEVELOPMENT STANDARDS
A. Building setback for principal structures - Twenty-five feet (25').
B. Building setback for roads and parking areas - Ten feet (10').
4.5 LANDSCAPE BUFFERS
Where Preserve areas are shown on the Master Plan and the LDC requires landscape
buffers, the preserve vegetation may contribute in part or in whole to the landscape buffer
when it is demonstrated that the preserve vegetation meets or exceeds the buffer
requirements of the LOC. Landscape buffers must remain exotic free while demonstrating
sufficiency to achieve minimum buffer standards.
13
4.6 OWNERSHIP AND MAINTENANCE
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. se
June 6, 2006
Page 214-W 219
All conservation areas shall be designated as tracts/easements with protective covenants.
Easements shall be dedicated on the Site Development Plan to the homeowner's
association for ownership and maintenance and to Collier County with no responsibility for
maintenance.
14
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. Be
June 6,2006
Page 21g..~f 219
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the general development commitments within the
Meridian Village RPUD.
5.2 PUD MASTER DEVELOPMENT PLAN
All facilities shall be constructed in accordance with the final site development plans and all
applicable state and local laws, codes and regulations in effect at the time of approval of
the development order to which such regulations apply except where specifically noted.
In addition, the Master Plan and the regulations of the RPUD Document, as adopted, along
with any other specific conditions or stipulations as may be agreed to in the rezone hearing
before the Board of County Commissioners, shall control and be applicable to development
of the subject property. The developer shall be bound by said regulations and stipulations
5.3 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to the LDC.
5.4 AFFORDABLE-WORKFORCE-GAP HOUSING COMMITMENT AND RESTRICTIONS:
Fifteen (15%) percent of the dwelling units ultimately developed within the project, shall
be sold by the developer to individuals, or families that earn less than eighty (80%)
percent of the Collier County median family income. For the purposes of this RPUD,
these specific units shall be described as "affordable-workforce housing units". Five (5%)
percent of the dwelling units ultimately developed within the project, shall be sold by the
developer to individuals or families that earn less than one-hundred fifty (150%) percent
of the Collier County median family income. For the purposes of this RPUD, these
specific units shall be described as "affordable-gap housing units". The median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size, 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 developer and the County shall mutually agree to a
reasonable and comparable method of computing adjustments in median income.
15
The following limitations and performance standards shall be adhered to:
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. se
June 6, 2006
Page 215-Iaf 219
1. No affordable-workforce housing unit in the development shall be sold by the
developer to those whose household income has not been verified and certified
to be less than eighty (80%) percent of the median family income for Collier
County. Such verification and certification shall be the responsibility of the
developer and shall be submitted to the County Manager,. or his designee for
approval.
2. No affordable-gap housing unit in the development shall be sold by the
developer to those whose household income has not been verified and certified
to be less than one-hundred fifty (150%) percent of the median family income for
Collier County. Such verification and certification shall be the responsibility of the
developer and shall be submitted to the County Manager, or his designee for
approval.
3. No affordable-workforce housing unit or affordable-gap housing unit is to be
sold, shall be sold, or otherwise conveyed to a buyer whose household income
has not been verified and certified in accordance with this RPUD Document. It is
the intent of this RPUD to keep affordable housing as such; therefore, any
person who buys from the developer an affordable-workforce housing unit or an
affordable-gap housing unit must agree, in a lien instrument to be recorded with
the Clerk of the Circuit Court of Collier County, Florida, that if the affordable-
workforce or affordable-gap housing unit is sold, (including the land and/or the
unit) within 15 years after its original purchase at a sales price in excess of five
percent per year of its original purchase price that he/she will pay to the County
an amount equal to one-half of the sales price in excess of five percent increase
per year. Such payment shall be maintained in a segregated fund, established by
the County solely for affordable housing purposes and such money shall be used
to encourage, provide for, or promote affordable housing in Collier County. The
lien instrument may be subordinated to a qualifying first mortgage.
4. No affordable-workforce housing unit or affordable-gap housing unit in any
building or structure in the development shall be occupied by the developer, any
person related to or affiliated with the developer, or a resident manager.
5. When the developer advertises, sells, or maintains the affordable-workforce
housing unit or the affordable-gap housing unit, it must advertise, sell, and
maintain the same in a nondiscriminatory manner and make available any
relevant information to any person who is interested in purchasing such
affordable-workforce housing unit or affordable-gap housing unit. The developer
agrees to be responsible for payment of any real estate commissions and fees
for the initial sale from the developer to the buyer.
6. The developer shall submit a yearly report to the County indicating the status
of the affordable-workforce and affordable-gap housing units.
16
7. This Affordable-Workforce-Gap Housing commitment will allow Collier County
Community Development and Environmental Services Division permitting to be
completed on an expedited basis as provided by the appropriate Collier County
ordinances and resolutions.
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. Be
June 6, 2006
Page 21S-Bf 219
5.5 TRANSPORTATION
A. Prior to issuance of certificates of occupancy the developer shall construct an
additional eastbound left turn lane on Estey Avenue at its intersection with Airport
Road. The length of the turn lane is to be determined by Collier County
Transportation Staff up to a maximum distance that can be accommodated along
the developer's frontage. The length will further be determined given consideration
to the project's access location and normal transportation engineering practices.
B. Prior to issuance of certificates of occupancy the developer shall construct a
turnaround within the existing Steeves Avenue Right-of-Way, as depicted in the
RPUD Master Plan. A 12-foot wide gate with a lock box, for use by emergency
vehicles only, shall be constructed along the Meridian Village property line to
separate Steeves Avenue from Meridian Village.
C. The developer shall be allowed to use the existing curb cut on Airport Road during
the construction of Meridian Village RPUD. Once construction of the development
is completed, the developer shall close the existing curb cut.
D. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FOOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition. All other improvements shall be consistent with and as required
by the LDC.
E. Arterial level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the first certificate of occupancy (CO).
F. Access points, including both driveways and proposed streets, shown on the
RPUD Master Plan are considered to be conceptual. Nothing depicted on any
such Master Plan shall vest any right of access at any specific point along any
property frontage. All such access points shall be approved or denied during the
review of required site plan or final plat submissions. All such access points
shall be consistent with the Collier County Access Management Policy (Res. No.
01-247), as it may be amended from time to time, and with the Collier County
Long-Range Transportation Plan.
The number of access points constructed may be less than the number depicted
on the Master Plan; however, no additional access points shall be considered
unless a RPUD amendment is to be processed.
17
G. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County Transportation Staff, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO.
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. Be
June 6, 2006
Page 215-4f 219
H. Road impact fees shall be paid in accordance with the transportation impact fee
ordinance and appropriate sections of the LDC.
I. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
J. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves the
right to modify or close any median opening existing at the time of approval of
this RPUD which is found to be adverse to the health, safety and welfare of the
public. Any such modifications shall be based on, but are not limited to, safety,
operational circulation, and roadway capacity.
K. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither shall the existence of a point
of ingress, a point of egress or a median opening, nor the lack thereof, be the
basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee.
L. All internal roads, driveway, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer. Collier County shall have no responsibility for maintenance of any
such facilities.
5.6 WATER MANAGEMENT
A South Florida Water Management District (SFWMD) Environmental Resource Permit
shall be required and obtained.
5.7 ENVIRONMENTAL
A. The development of this project shall be consistent with the environmental section
of the Conservation and Coastal Management Element of the GMP and the LDC in
effect at the time of final development order approval.
B. Areas that fulfill the native vegetation retention standards and criteria of the GMP
shall be set aside as preserve areas. If an SDP is submitted, the preserve areas
shall be identified and protected by a permanent conservation easement.
Perimeter berms shall be relocated outside of upland preserve boundaries.
18
C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual
removal of these plants in perpetuity shall be the responsibility of the home owners'
association or condominium association.
D. A preserve area management plan shall be provided to Environmental Staff for
approval prior to site/construction plan approval identifying methods to address
treatment of invasive exotic species, and maintenance.
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. Be
June 6,2006
Page 21S-5f 219
F. The development of this project shall comply with the guidelines of the United
States Fish and Wildlife Service and Florida Fish and Wildlife Conservation
Commission for impacts to protected species. A habitat management plan for
those species shall be submitted to Environmental Review Staff for review and
approval prior to site plan approval.
G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final site plan/construction plan approval.
5.8 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County or the City of
Naples or both, pursuant to applicable County ordinances and/or the City
ordinances as may be amended, except as may be provided in Subsection 2.3 of
this Document.
B. Upon completion of the utility facilities, they shall be tested to insure they meet
FDEP, City of Naples and Collier County's utility requirements in effect at the
time construction plans are approved.
C. All customers connecting to the potable water system shall be customers of the
City of Naples and sanitary sewer system users shall be customers of Collier
County.
5.9 ENGINEERING
A. Except as noted herein, all project development will be consistent with applicable
engineering requirements of the LDC.
5.10 ARCHAEOLOGICAL ASSESSMENT RESULTS AND CONCLUSIONS
In September 2005 a Phase I archaeological assessment was conducted on the
Meridian Village PUD parcel. The entire parcel was investigated based on aerial
photograph reconnaissance and a subsequent pedestrian survey. No archaeological or
historic sites were found.
19
5.11 PROXIMITY OF PROPERTY TO NAPLES AIRPORT
The Developer shall provide the following to the Naples Airport Authority:
A. An executed Avigation Easement and Release (first five pages), once the PUD
has been approved by the Board of County Commissioners.
B. A statement within the Project's Condominium Documents, that states the
following: "The Naples Municipal Airport is located less than one mile to the
(Meridian Village PUD last revised 5/22/06)
Agenda Item No. se
June 6,2006
Page 21$-6f 219
Northwest of the Condominium, in close proximity to the community. Purchaser's
can expect all the usual and common noises and disturbances created by, and
incident to, the operation of the Airport". Purchasers shall acknowledge they
have read the Condominium Documents by signing a letter which the developer
shall send to the Naples Airport Authority.
C. Future Site Development Plan applications shall be forwarded to the Naples
Airport Authority for review.
20
(Meridian Village PUD last revised 5/22106)
Agenda Item No. 8D
June 6, 2006
Page 1 of 130
EXECUTIVE SUMMARY
Petition: PUDZ-2005-AR-8901: Habitat for Humanity of Collier County, Inc., represented
by Laura Spurgeon, of Johnson Engineering, requesting a PUD Rezone of approximately
26.85 acres from the Rural Agricultural (A) zoning district to the Residential Planned Unit
Development (RPUD) zoning district with an Affordable Housing Density Bonus. The
project is to be known as Liberty Landing and is intended to provide 162 affordable
housing units in Immokalee. The subject property is located in the north half of Section 31,
Township 46 South, Range 29 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to rezone 26.85
acres from Rural Agricultural (A) to Residential Planned Unit Development (RPUD) to be
known as Liberty Landing RPUD, and to make sure that the project is in harmony with all the
applicable codes and regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:
-
The subject property, located on the north side of Lake Trafford Road immediately west of Lake
Trafford Elementary School, was previously cleared for agricultural uses. The site is currently
not utilized for crops or pasture. The site is bordered on the north by vacant land that is being
developed by the applicant at a density of four units per acre. West of the site are a few single
family homes on Agricultural land. The Arrowhead PUD is south of the subject property across
Lake Trafford Road. In addition to the school, vacant land zoned Village Residential is located
east of the site.
The applicant requests the rezone to permit up to 162 single-family dwelling units, which
equates to an approximate density of six units per acre. According to the Density Rating System
in the Growth Management Plan, the allowable base density is 5.1 units per acre. The applicant
has committed to providing all of the approved units to families who earn less than 50 percent of
the median income. This commitment allows an affordable housing density bonus of up to eight
units per acre. However, the applicant is only requesting a bonus of 0.9 units per acre, for a total
requested density of six units per acre.
The RPUD proposes access on Lake Trafford Road and a future interconnection to the north that
will ultimately connect to the future West Clock Road extension.
FISCAL IMP ACT:
~
The rezoning, by and of itself, will have no fiscal impact on Collier County public facilities.
There is no guarantee that the project, at build-out, will maximize its authorized level of
development, however, if the PUD is approved, the subject property could be developed above
and beyond the current level of allowable uses.
Page 1 of5
Agenda Item No. 8D
June 6, 2006
Page 2 of 130
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project at the time of final local development order. Other fees
collected prior to issuance of a building permit include building permit review fees and utility
fees associated with connecting to the County's water and sewer system.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMP ACT:
The subject property lies within three (3) separate designations of the lmmokalee Future Land
Use Map in the Immokalee Area Master Plan element of the GrO\:vth Management Plan: i:. 21.17
acres are designated Low Residential District; i:. 3.1 0 acres are designated Neighborhood Center
District; and i:. 2.58 acres are designated Mixed Residential District.
_ Relevant to this petition, the residential and accessory recreational uses proposed for the RPUD
are consistent with the Low Residential Neighborhood Center and Mixed residential Districts,
including single-family and duplex development. The allowable base density of the project can
be expressed as follows:
Low Residential District 21.17 acres at 4 DU/ A=
Neighborhood Center 3.10 acres at 12 DU/A=
Mixed Residential District 2.58 acres at 6 DU/A=
Total allowable base density 26.85 acres
84.68 DU
37.20 DU
15.48 DU
137.36 DU
5.1 DU/A
Additional density of up to 8 units per acre is allowed if the project meets the requirements of the
Affordable Housing Density Bonus (AHDB) Ordinance, based on the gross project acreage. As
well, the project is eligible for the "Roadway Access" density bonus of 1 unit per acre based on
the commitment for an interconnection with an adjacent project. Therefore, the project is eligible
for a total of 14.1 units per acre. The proposed project density of six units per acre is consistent
with the provisions of the GMP.
.-'"
Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and
complementary to, the surrounding land uses. As described in the attached staff report, the
Department of Zoning and Land Development Review staff believes that the PUD document
contains appropriate limitations to ensure that this project will be compatible with the existing
development in the area; therefore, Comprehensive Planning staff recommends that the petition
be deemed consistent with that FLUE policy.
Page 20f5
Agenda Item No. 8D
June 6,2006
Page 3 of 130
TRANSPORTATION REVIEW:
Transportation staff reviewed the project based on the current TIS guidelines and with respect to
Policy 5.1 of the Collier County Growth Management Plan Transportation Element. The project
traffic was distributed on the adjacent roadway and analyzed with the existing conditions. The
capacity was reviewed at the project build-out year and 2011 with consideration to the five year
planning period. We anticipate that the build out of the project will occur prior to 2011.
The study shows adequate capacity for the project and background traffic. The project is
consistent with Policy 5.1 of the transportation element ofthe Growth Management Plan.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document and recommends
approval with the stipulation that a bear management plan be provided at the time of Site
Development Plan or Plat review. The area designated as preserve on the master plan meets or
exceeds the criteria in the Growth Management Plan and the Land Development Code. A
conservation easement will be granted to Collier County when the development is platted.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES:
This petition was not heard by the Environmental Advisory Council because there are no listed
__ species or additional wetland impacts on the site.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard the petition on May 4,2006 and with a
vote of 8-0 recommended to forward this petition to the Board of County Commissioners (BCC)
with a recommendation of approval, subject to the following stipulations:
1. Each dwelling unit shall have a garage.
2. County drainage project #510211, which replaces a drainage pipe beside Lake
Trafford Road with a pedestrian bridge, shall be completed before any certificates of
occupancy (COs) are issued.
3. All three requested deviations shall be approved.
4. A bear management plan shall be provided at the time of Site Development Plan or
Plat review, as stipulated by staff.
5. The Transportation Division reserves the right to deny maintenance responsibility of
rights-of-ways, as stipulated by staff.
The Planning Commission reached their unanimous recommendation after hearing testimony
from the applicant, staff and several residents ofthe surrounding area.
;""'"'^
Residents expressed concerns about storm water drainage in the area, opposition to duplex
development and road capacity conditions. To address drainage concerns, Transportation staff
provided information at the hearing about the planned stormwater management project #510211.
Page 3 of5
Agenda Item No. SD
June 6, 2006
Page 4 of 130
According to staff, this project aims to improve the flow of Fish Creek by extending the existing
culvert which expands the capacity of the stormwater system. The project is expected to be
complete by the fall of 2006. Planning Commissioners felt that this improvement should
alleviate some of the drainage problems, and stipulated that no COs be issued for Liberty
Landing until the completion of the storm water project.
Planning Commissioners felt that the provision of garages would alleviate some of the perceived
potential negative impacts of the proposed development. They expressed the need to retain the
garage as non-living space. The County Attorney felt the stipulation that each unit have a garage
was adequate; however, staff would encourage a more specific stipulation to ensure it can be
enforced in the future.
All three deviation requests were deemed acceptable to Planning Commission members. A full
discussion of the deviation requests is included in the staff report. Transportation staff remains
opposed to granting deviation request number one. Staff feels that residents in the lmmokalee
area have a great need for adequate pedestrian and bicycle facilities. The road internal to the
development is intended to be dedicated to the County as a public right-of-way. Staff is
concerned about assuming maintenance responsibility of a road section that does not meet Code
requirements. Subsequent to the Planning Commission meeting, the applicant indicated that they
would like to limit deviation # I to the private access on the northwest comer of the property.
This area would remain the responsibility of the developer and then the Homeowners'
Association. The revised deviation request is acceptable to staff. The PUD document has been
,- updated to reflect the new agreement.
The last two stipulations, one regarding a bear maintenance plan and the other regarding road
maintenance, were accepted staff stipulations. Staff has since revised the stipulation concerning
road maintenance to include a provision to remove section 5.5.1 from the PUD document. After
the Planning Commission meeting it was discovered that this section could cause an internal
conflict in the document because it states that the County will maintain the roadway.
The Planning Commission also discussed several items in the PUD document as presented in the
hearing. One member requested that some of the notes on the master plan be removed due to
redundancy with regulations within the Land Development Code. The applicant agreed to this
request and has updated the plan.
Although the Planning Commission recommendation was unanimous, the staff recommendation
is slightly different and warrants discussion by the Board of County Commissioners. Therefore,
the petition has been placed on the regular agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05.H and Chapter 10.02.13 of
the LOC. These evaluations are completed as separate documents that were incorporated into
-
Page 4 of5
Agenda Item No. 80
June 6, 2006
Page 5 of 130
the staff report. A summary of the legal considerations and findings recommended by staff are
noted below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policy 5.1 and 5.2 ofthe Transportation Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
The Planning Commission, with its recommendation of approval, concurred with the above legal
considerations and findings.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve PUDZ-2005-AR-8901,
which would approve the Liberty Landing RPUD, subject to the following stipulations;
,-
1. A bear management plan shall be provided at the time of Site Development Plan or
Plat review.
2. The Transportation Division reserves the right to deny maintenance responsibility
should the applicant not meet all County standards, including construction quality
standards. Section 5.5.1 shall be removed from the PUD document.
3. Deviation request #1 shall be limited to the 40-foot wide private access located in the
northwest corner of the development.
4. Each dwelling unit shall have a garage that is a minimum of nine feet by 18 feet.
Garages are prohibited from being converted into living space.
5. County drainage project #510211, which will improve stormwater conditions in the
immediate vicinity, shall be completed before any certificates of occupancy (COs) are
issued for the Liberty Landing development.
PREPARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning & Land Development Review
.~,
Page 5 of5
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 80
June 6, 2006
Page 6 of 130
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
80
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-8901: Habitat for Humanity of Collier County, Inc.,
represented by Laura Spurgeon, of Johnson Engineering, requesting a PUD Rezone of
approximately 26.85 acres from the Rural Agricultural (A) zoning district to the Residential
Planned Unit Development (RPUD) zoning district with an Affordable Housing Density Bonus.
The project is to be known as Liberty Landing and is intended to provide 162 affordable
housing units in lmmokalee. The subject property is located in the north half of Section 31,
Township 46 South, Range 29 East, Collier County, Florida.
6/6/2006 9:00:00 AM
Prepared By
Heidi Williams
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
5117/20069:27:30 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
5/17/20069:50 AM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
5/221200612:33 PM
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
5122/2006 3:43 PM
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Approved By
Transportation Services Admin.
5123/2006 9:30 AM
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
5123/2006 2:36 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5123120064:12 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/24/20069:19 AM
Approved By
Agenda Item No. 8D
June 6, 2006
Page 7 of 130
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 6:22 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/2006 9:57 AM
AG~~ "!G8D
"June~6, 21)06
Page 8 of 130
Co~r County .
.----.- _ ___,. L-. ~ ,.--- ~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEP ARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE:. MAY 4,2006
SUBJECT:
PETmON PUDZ-2005-AR-8901 - LIBERTY LANDING RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD)
APPLICANT:
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34113
AGENT:
Laura Spurgeon, AICP
Johnson Engineering
2350 Stanford Court
Naples, FL 34112
REOUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider a rezone
of the approximately 26.85:!: acre subject site from Rural Agricultural (A), to the Residential Planned
Unit Development (RPUD) district, to be known as Uberty Landing RPUD.
GEOGRAPffiC LOCATION:
The property is located on the north side of Lake Trafford Road, west and north of Lake Trafford
Elementary School in Section 31, Township 46 South, Range 29 East, Collier County, Florida. (See
location map on following page.)
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------ ~ . . ,.
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----
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~
~
23 ,. " 2. 21 22 23
IMMO 'l'AII=I=
25 3. ,. 2B 27 ..
- 2.
-, ~ PROJECT I
./ LOC4TION
/~ pi C.R e90 ~ 34 ...
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LAKE "3
"TRAffORD J . 5 MAIN ST. C,R 846
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C.R. 846 ~
LOCA TION MAP
PETITION tlpUDZ_ 2005- AR- 8901
Agendalltem No. 8D
"une 6, 2006
Pige 9 of 130
I
A
VR
ZONING MAP
Agenda Item No. 80
June 6, 2006
Page 1 0 of 130
PURPOSElDESCRIPTION OF PROJECT:
_ _ ____ The . petitioner is r~~~_~~~.g to rezone the subject J)!~:e~rty from the Rural Agriculnn:al (~Lzoning
designation to the Residential Planned Unit Development (RPUD) designation. The petitioner
proposes to build up to 162 affordable housing units and associated accessory uses, with appropriate
development standards and limitations. The requested density of the project is just over six dwelling
units per acre (6.034 DU/A). The density rating system permits up to 5.11 DU/A as the base density.
The potential affordable housing density bonus available according to the Growth Management Plan
is an additional 8 DU/A. The proposed RPUD would provide 100 percent of the homes to residents
of Collier County making less than 50 percent of the median income. Although the entire
development will be comprised of affordable units, the density bonus needed to reach the targeted
density is only 0.9 DUI A. This is well within the allowable density that may be granted.
The subject property was previously utilized for agricultural uses. Much of the land is cleared and
furrowed. Lake Trafford Elementary School is located south and east of the subject site. Agricultural
zoning located west of the property is utilized for residential and agricultural uses. The Independence
Development, which is another Habitat for Humanity project, is located north of the subject property.
The two projects are proposed to be developed at about six units per acre for fee-simple home-
ownership.
SURROUNDING LAND USE AND ZONING:
South:
Undeveloped residential; zoned RSF-5(4)
Agricultural field; zoned Rural Agricultural
Lake Trafford Elementary School; zoned Rural Agricultural
Undeveloped; zoned Village Residential
Undeveloped residential; zoned Arrowhead PUD (Approved for 1,190
dwelling units, at 12.10 units per acre)
Single-family home; zoned Rural Agricultural
North:
East:
West:
PUDZ-2005-AR-8901, Liberty Landing RPUD
3
Agenda Item No. 8D
June 6,2006.
Page 11 of 130
GROWm MANAGEMENT PLAN CONSISTENCY:
FUTURE LAND USE ELEMENT (FLUE): The subject property lies within three (3) separate
designations of the Immokalee Future Land Use Map in the Immokalee Area Master Plan element of
the Growth Management Plan: :t 21.17 acres are designated Low Residential District; .:t 3. 10 acres are
designated Neighborhood Center District; and :t 2.58 acres are designated Mixed Residential District.
Relevant to this petition, the residential and accessory recreational uses proposed for the RPUD are
consistent with the Low Residential Neighborhood Center and Mixed residential Districts, including
single-family and duplex development. The allowable base density of the project can be expressed as
follows:
Low Residential District 21.17 acres at 4 DUI A=
Neighborhood Center 3.10 acres at 12 DU/A=
Mixed Residential District 2.58 acres at 6 DUI A=
Total allowable base density 26.85 acres
84.68 DU
37.20 DU
15.48 DU
137.36DU
5.1 DUI A
Additional density of up to 8 units per acre is allowed if the project meets the requirements of the
Affordable Housing Density Bonus (AHDB) Ordinance, based on the gross project acreage. As well;
the project is eligible for the "Roadway Access" density bonus of 1 unit per acre based on the
commitment for an interconnection with an adjacent project. Therefore, the project is eligible for a
total of 14.1 units per acre.
The maximum project density requested is 6 units per acre, or a total of 162 dwelling units. The
Comprehensive Planning Department defers to the Financial Administration and Housing Department
for the review of the AHDB Agreement to verify if the project qualifies for the density bonus
requested.
In an effort to support the Community Character Plan for Collier County, the Future Land Use
Element was amended to include Objective 7 and subsequent policies. Policy 7.3 encourages all new
and existing developments to connect their local streets and their interconnection points with.
adjoining neighborhoods or other developments regardless of land use type. The Liberty Landing
RPUD Master Plan, conceptual in nature, features a potential interconnect with the Independence
Subdivision to the north. No potential vehicular interconnects are depicted to properties east or west
of the site or to the school to the south.
Based upon the above analysis, staff concludes the proposed RPUD rezone may be deemed consistent
with the Immokalee Area Master Plan.
TRANSPORTATION ELEMENT: Transportation Services staff have reviewed the petition and
found the proposed project to be consistent with Policies 5.1 and 5.2 of the Transportation Element of
the Growth Management Plan. The Traffic Impact Statement is attached as Exhibit "C".
PUDZ-2005-AR-8901, Liberty Landing RPUD
4
Agenda Item No. 80
June 6, 2006
Page 12 of 130
ANALYSIS:
Staff completed a c~mQ!eh~nsive eval~atioI! of thi~l~<!J.1s~~tition and t:p.e c!:i1~p"a ~5>.~_ which a
-favorable detemunation must be based. These criteria are specifically noted in Sections 10.02.13 and
10.02.13.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes
a factual basis to support the recommendations of staff. The Collier County Planning Commission
(CCPC) uses these same criteria as the basis for their recommendation to the Board of County
Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request.
These evaluations are completed as separate documents and are attached to the staff report (See
Exhibit "A" and Exhibit "B").
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
document and recommends approval with the stipulation that a bear management plan be provided at
the time of Site Development Plan or Plat review. The area designated as preserve on the master plan
meets or exceeds the criteria in the Growth Management Plan and the Land Development Code. A
conservation easement will be granted to Collier County when the development is platted.
This petition was not heard by the Environmental Advisory Council because there are no listed
species or additional wetland impacts on the site. .
Transportation Review: Transportation Department staff has reviewed the petition and the PUD
document that accompanies the request. Transportation requested that the applicant provide a
pedestrian interconnection to the neighboring Lake Trafford Elementary School. The interconnection
is depicted on the PUD Master Plan and has been approved by school board staff. Staff review fmds
the project to be consistent with the Growth Management Plan Transportation Element. Further
discussion regarding Transportation Department staff review is provided in the .deviationdiscussion
section.
Utility Review: The Utilities Department staff has reviewed the petition and has stated that the
proposed PUD is not within their service area and so have no objection to the project.
Zoning Analysis:
Relationship to Existing and Future Land Uses:
. A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use
planning, refers to the relationship of the uses that would be permitted if the proposed zoning action
is approved, to the requirement or limitations set forth in the Future Land Use Element (FLUE) of the
Growth Management Plan (GMP). The proposed land uses, as limited in the PUD document, are
consistent with the GMP. The PUD document permits a maximum of 162 single-family, zero lot
line, two-family or duplex residential units. The subject property is bordered on the south and east by
Lake Trafford Elementary School, on the west by single-family and agricultural uses, on the north by
the Independence development, consisting of single-family homes, and on the north-east by
agricultural uses. The maximum density of the proposed development, based on the requested
number of units and the total acreage would be a maximum of 6.034 units per acre. This density is
lower than permitted by the Growth Management Plan and the Density Rating System. This density
PUDZ-2005-AR-8901, Uberty Landing RPUD
5
Agenda Item No. 80
June 6,2006 .
Page 13 of 130
is consistent with the density available to property east of the site in the medium residential
subdistrict of the Immokalee Area Master Plan. That undeveloped property could be eligible for six
__ _~units_ per_ac~. The. schooLsite... iLa.....fairlY-intense_J1se.....of.the_lanL...l'he...single=famil~affordable______.
housing development to the north represents a similar density. The property abutting the western side
of the site is developed with one single-family home. The applicant has re-aligned the entrance drive
to locate homes away from this neighboring property. A ten-foot type D landscape buffer will
provide additional protection from potential negative impacts of development. The RPUD provides
additional development standards to minimize impacts to the neighboring residents.
Deviations:
Section 6 of the proposed liberty Landing PUD Document indicates three deviations requested by the
applicant. A discussion of each request and a recommendation follows.
Deviation #1: The first requested deviation is from section 6.06.02 of the LDC regarding the
requirement to provide sidewalks on both sides of the street. The applicant requests that
sidewalks be required on only the side of the street that has home sites. It is anticipated that this
would only occur along the access road. The reasons stated for this request are that pedestrian
mobility will not be hindered and they will continue to meet the needs of residents. Transportation
Division staff advised that a road would not be accepted for maintenance unless it fully meets the
LDC requirements, including pavement standards and sidewalks. Therefore, staff recommends denial
. of this deviation.
Deviation #2: The second deviation request is from section 4.06.02.C of the LDC. This section
requires a 15-foot Type B landscape buffer along the eastern edge of the site. The applicant
notes that the adjacent district allows up to six units per acre, which is the same as this
petition's request. The applicant suggests that a Type A landscape buffer, which is required
between similar uses, is appropriate. Staff can accept this deviation because the neighboring
property is undeveloped at this time. Should a dissimilar use be proposed following development of
the subject property, the new use would be required to provide a more opaque buffer. Therefore, staff
recommends approval of this deviation.
Deviation #3: The final request seeks a deviation from section 6.06.01.0 of the LDC, which
requires a minimum width of 60 feet for local streets. All areas of the PUD are proposed to
comply with this width except for the east-west "stub-out" in the northwestern portion of the site. It
is proposed to be 120-feet long and may serve up to four dwelling units. The applicant proposes this
drive to be 40-feet wide. Ownership and maintenance will remain the responsibility of the developer
and then the Homeowner's Association or similar entity. Staff has reviewed this request and deems it
to be acceptable. All minimum pavement widths will be met. Therefore, staff recommends approval
of this deviation.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent for the applicant held the required NIM at the Immokalee office of Habitat for Humanity on
February 12, 2006 at 5:30 p.m. Along with the applicant's team and county staff, approximately a
dozen people attended the meeting. Of those who spoke, all stated reasons to oppose the petition,
including:
PUDZ-2005-AR-8901. Liberty Landing RPUD
6
Agenda Item No. SD
June 6, 2006
Page 14 of 130
1. Traffic impacts on Lake Trafford Road
2. Concern for school children's safety (walking to and from school)
3. Noi~e_<:! ~ght and we~~~~~s __ ______n _._
__n_ - --- - --4. Against "duplex" concept
5. Fear of decreased property values
6. Storm water run off, erosion and flooding to neighboring streets and properties
7. Parking violations
In response to some of the comments made, project manager Laura Spurgeon, of Johnson
Engineering, assured the neighbors that County Code-required landscape buffers will be placed
between the proposed project and adjacent property owners. Mr. Greg Kouloheras, representing
Habitat for Humanity (HfH) stated that HtH has a silent second mortgage on each property and that
the buyers are informed that there is an owner occupied IS-year restriction against selling the
property. Ms. Spurgeon concluded the meeting stating that she would relay the neighbors' concerns
to Hili's principals.
The PUD Document and Master Plan have been updated to address residents' concerns where
possible. Specifically, the access drive from Lake Trafford Road was shifted west toward the
abutting single-family property. This serves to increase the separation between homes and decrease
potential negative impacts to this resident. An interconnection to the north, which will provide future
access to the Westc10x Road extension will serve to alleviate traffic impacts to Lake Trafford Road
froni this development. A pedestrian interconnection to the elementary school will be provided to
promote safety for children. Adequate landscape buffers and setback requirements will serve to
decrease potential noise impacts to neighbors. Stormwater systems will be designed to County
standards to prevent erosion or flooding impacts to neighbors. Parking spaces will be provided
according to County Code requirements.
STAFF RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) forward Petition PUDZ-2005-AR-8901 to the Board of County Commissioners
(BCC) with a recommendation of approval based on the staff determination that the proposed RPUD
is consistent with the GMP, subject to the following stipulations:
1. A bear management plan shall be provided at the time of Site Development Plan or
Plat review;
2. The Transportation Division reserves the right to deny maintenance responsibility;
and,
3. Deviation Request #1 be removed from the PUD document.
PREPARED BY:
.~,
HEIDI K. WTI...LIAMS, PRINCIPAL PLANNER
DEPARTMENT OF ZONING &
t.f/'dC'h
,
DATE
PUDZ-2005-AR-8901, Liberty Landing RPUD
7
Agenda Item No. SO
June 6, 2006 .
Page 15 of 130
LAND DEVELOPMENT REVIEW
REVIEWED BY:
Th~j)J-~~-~
MARJ M. STUDENT -STIRLING
ASSISTANT COUNTY A TIORNEY
4- (5-0(.,
DATE
~j~~fi,-
RAY LOWS, PLANNING MANAGER
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
4-15.06
DATE
~~~
~USAN MURRAY, AICP, DIRECT
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
~
APPROVED BY:
%~
1\T
Petition PUDZ-2005-AR-8901
Tentatively scheduled for the June 6, 2006 Board of County Commissioners Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
PUDZ-2005-AR-8901, Liberty Landing RPUD
8
Agenda Item No. 80
June 6. 2006
Page 16 of 130
REZONE FINDINGS
PETITION PUDZ-2005-AR-8901
. -- -.-. - -S-ectronro~o~os. G of1fie-Collier-CoUn1j":LanaDeveIopment .Coae reqiiires.-iliat tnerepori---- --- -------
and recommendations of the Planning Commission to the Board of County Commissioners
shall show that the Planning Commission has studied and considered the proposed change in
relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives &
policies of the Future Land Use Map and the elements of the Growth
Management Plan.
The subject property is located within three separate desigiiations of the Immokalee
Future Land Use Map in the Immokalee Area Master Plan element of the Growth
Management Plan: :t 2 L I 7 acres are designated Low Residential District; + 3.10 acres
are designated Neighborhood Center District; and:t 2.58 acres are designated Mixed
Residential District. Comprehensive Planning staff has found the proposed rezone to
be consistent with the Immokalee Area Master Plan Element and the Density Rating.
System of the Growth Management Plan.
2. The existing land use pattern;
The uses allowed by the proposed PUD for the subject site are compatible with the
surrounding area. The density to the north and the allowable density to the east are
similar to the requested density of the PUD. The subject property could SeIVe as a
transition between the elementary school and single-family residential to the west.
Adequate buffering requirements ensure that potential negative impacts of
development are minimized.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The proposed amendment does not create an isolated district. There is existing PUD
zoning south of the subject property and similar density residential zoning north of the
site.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed boundaries are not illogically derived. They reflect the entire portion of
land donated to Habitat for Humanity for this project.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The development of the Ave Maria Stewardship Receiving Area/Development of
Regional Impact (DRl), located south of Immokalee, necessitates additional affordable
housing units in the general area. In fact, the subject property was donated to fulfill a
EXHIBIT A PUDZ.2005.AR-8901
Page 1 of 3
Agenda Item No. 8D
June 6,2006'
requirement of the DR! that the developer donate land to Habitat for H~ty ct6130
serve this purpose.
6. Whether the proposed change will adversely influence living conditions in the
_______________ __I!~ighbor.hood;___________ ________.___n_____
No adverse impacts are expected to neighboring residents. The applicant has
attempted to address concerns by providing adequate landscape buffering on all sides
of the project. The driveway access to the property was shifted to increase the
distance between the homes and existing residential to the west.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect public
safety.
The Transportation Services Division has reviewed the proposed PUD and considers
the PUD consistent with the Transportation Element.
8. Whether the proposed change will create a drainage problem;
The project is not anticipated to create a drainage problem.
9. Whether the proposed change win seriously reduce light and air to adjacent
areas;
All projects in Collier County are subject to the development standards that apply
generally and equally to all zoning districts (Le. open space requirement, corridor
management provisions, etc.) that were designed to ensure that light penetration and
circulation of air do not adversely affect adjacent areas. This project will be subject to
those same standards.
10. Whether the proposed change will adversely affect property values in the
adjacent area;
Property valuation is affected by a host of factors including zoning; however, zoning
by itself mayor may not affect values since value determination by law is driven by
market value. The mere fact that a property is given a new zoning designation or
amendment mayor may not affect value. However, staff is of the opinion that the
proposed rezone will not adversely"affect the property values in this area
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent properties in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will
not be affected if this rezone is approved.
EXHIBIT A
PUDZ-2005-AR-8901
Page 2 of 3
Agenda Item No. 8D
June 6, 2006
Page 180f 130
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
. _________1Pe_m9PQsed Ptm__d()~~n.9.L9QD,s1:itute a grl;Ylt of spJ~cial.'p--riyjlege,nQr._d...Q~_s.. itcQnflict__ -------
___n__ with public welfare.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The subject property could continue to be utilized for agricultural purposes. The
proximity to the school and the development of the neighboring property for
residential indicates another zoning designation for the subject site is appropriate.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed residential development is not inconsistent with the scale or needs of the
neighborhood.
15. Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
There are other sites available for residential development. Multiple sites are being
rezoned to provide affordable housing across the area by utilizing a density bonus.
However, there remains a strong need for affordable housing in Collier County.
16. The physical characteristics of the property and the degree of site alteration,
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
Site conditions should not restrict the proposed use of the subject property.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. Staff reviews
for adequacy of public services and levels of service determined that required
infrastructure meets with GMP established relationships.
18. Such other factors, standards, or criteria that the Board of County
Commissioners shall deem important in the protection of the public health,
safety, and welfare.
No other factors should adversely affect the public health, safety, or welfare.
EXHIBIT A
PUDZ-2005-AR-8901
Page 3 of 3
FINDINGS FOR PUD
PlJD~2005-AJ{.8901
Agenda Item No. 8D
June 5, 2006'
Page 19 of 130
Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission
___.1Q.l!1ake a ~gJ!~JQJh~_~UD M_~teLPlal1S~compliance...withthe followjng_criteria:_____ ______
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas; traffic and
access, drainage, sewer, water, and other utilities.
The area surrounding the subject site is a transitioning area, with several new residential
developments under construction. The subject site is also bordered by Lake Trafford
Elementary School. All utilities, access and drainage are adequately addressed by this
petition and subsequent site planning procedures.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided
or maintained at public expense.
Documents submitted with the application provide evidence of unified control. The PUD
document makes appropriate provisions for continuing operation and maintenance of
common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan (GMP).
The subject petition has been found to be consistent with the goals, objectives and policies
of the GMP by Comprehensive Planning staff. Please see the staff report for a more
detailed discussion.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Staff analysis indicates that this petition is compatible, both internally and externally, with
the proposed uses and with the existing surrounding uses. The applicant did respond to
the owner of property west of the subject site by moving homes further from the property
line.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside by this project is consistent with the provisions of the
Land Development Code.
EXHIBIT B
PU DZ-2005-AR-8901
Page 1 of2
Agenda Item No. 8D
June 6, 2006
6. The timing or sequence of development for the purpose of assuring the ad~of 130
available improvements and facilities, both public and private.
Timing or sequence of development in light of concurrency requirements is not a
____ __~!~~~tI.?ro~lem.----_--._----------- __-,- ___ ____________________________.____.__
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Abilityt as applied in this contextt implies supporting infrastructure such as wastewater
disposal system, potable water supplies, characteristics of the property relative to hazards,
and capacity of roads, is supportive of conditions emanating from urban development.
Infrastructure is or will be in place in the vicinity and its adequacy will be determined at
the time of development approval.
8. Conformity with pun regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
This criterion essentially requires an evaluation of the extent to which development
standards proposed for this PUD depart from development standards that would be
required for the most similar conventional zoning district. The development standards in
this PUD are similar to those standards.
EXHIBIT B
PUDZ-2005-AR-B901
Page 2 of 2
ORDINANCE NO. 06-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENf CODE WHICH INCLUDES THE
COMPREHENSNE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF lliE HEREIN
DESCRIBED REAL PROPERTY FROM THE RURAL
AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL
PLANNED UNIT DEVELOPMENf (RPUD) ZONING DISTRICI'
WITH AN AFFORDABLE HOUSING DENSITY BONUS. THE
PROJECT IS TO BE KNOWN AS THE LIBERTY LANDING RPUD,
AND IS INTENDED TO PROVIDE 162 AFFORDABLE HOUSING
UNITS IN IMMOKALEE LOCATED IN SECTION 31, TOWNSHIP
46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 26.85 ACRES; AND BY PROVIDING AN
EFFECTNE DATE.
Agenda Item No. 8D
June 6, 2 06
Page 21 of 30
WHEREAS, Laura Spurgeon, of Johnson Engineering, Inc., representing Habitat for Humanity of
CoJlier County, Inc., petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECI'ION ONE:
The zoning classification of the herein described real property located in Section 31, Township 46
South, Range 29 East, Collier County, Florida, is changed from the Rural Agricultural (A) Zoning District
to the Residential Planned Unit Development (RPUD) Zoning District with an Affordable Housing
Density Bonus for a project to be Imown as Liberty Landing RPUD, in accordance with the RPUD
Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning
atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
7(LtJ~-'L Oh .fJa:uud-lJt<,~
Marjo M. Student-Stirling
Assistant County Attorney
Page I of I
Agenda Item No. 80
June 6, 2006
Page 22 of 130
Community Development and Environmental Services Division
LIBERTY LANDING RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTERPLAN GOVERNING THE LIBERTY LANDING RPUD, A
RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER
COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INe.
11145 Tamiami Trail East
Naples, FL 34113
PREPARED BY:
JOHNSON ENGINEERING, 1NC
2350 STANFORD COURT
NAPLES, FL 34112
DATE REVIEWD BY CCPC
DA TE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit "A"
Agenda Item No. 8D
June 6, 2006
Page 23 of 130
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
ii
SECTION I
PROPERTY OWNERSHIP & DESCRIPTION
I-I through 1-2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
II-I through 11-2
SECTION III
RESIDENTIAL AREAS PLAN
III-I through III-2
SECTION IV
PRESERVE AREA
IV -1 through IV-l
SECTION V
DEVELOPMENT COMMITMENTS
V -1 through V-4
SECTION VI
DEVIATIONS
VI-I
EXHIBIT 1
EXHIBIT 2
TABLE 1
TABLE 2
Agenda Item No. 80
June 6, 2006
Page 24 of 130
LIST OF EXHIBITS AND TABLES
Location Map
RPUD Master Plan
Project Land Use Tracts
Page II-I
Development Standards
Page III-2
i
Agenda Item No. 8D
June 6, 2006
Page 25 of 130
STATEMENT OF COMPLIANCE
The subject property consists of 26.85::t acres of property in Collier County, Florida, and will be developed as a
Residential Planned Unit Development (RPUD) to be known as the Liberty Landing RPUD. The property is
located within the Immokalee Planning Community. The proposed development will consist of up to 162
affordable residential dwelling units in the form of single family, zero lot line, two-family, or duplex housing. The
proposed development will be in compliance with the goals, objectives and policies set forth in the Collier County
Growth Management Plan (GMP) for the following reasons:
1. The subject property is within the Immokalee Urban Area, as depicted on the countywide Future Land Use
Map, and is covered by three designations on the Immokalee Area Master Plan (lAMP) Future Land Use Map. The
majority of the site (approximately 21.17 acres) is designated Low Residential District; the eastern edge of the site
(approximately 2.58 acres) is designated Mixed Residential; and the area bordering to the north of Lake Trafford
Elementary School (approximately 3.10 acres) is designated Neighborhood Center.
According to the lAMP, the purpose of the Low Residential District is to provide for a low density residential
district, limited to single-fami]y structures and duplexes. A density less than or equal to four (4) dwelling units per
gross acre is permitted.
The purpose of the Mixed Residential District is to provide for a mixture of housing types within medium density
residential areas, including single-family structures, multi-family dwellings, individual mobile homes, and duplexes
on a lot by lot basis. A density less than or equal to six (6) dwelling units per gross acre is permitted.
The purpose of the Neighborhood Center District is to provide for centers of activity that serve the needs of
surrounding residents. Residential units in the form of multi-family structures and compatible single family and
duplexes are permitted at a density ofless than or equal to twelve (12) dwelling units per gross acre.
The proposed residential development is consistent with the parameters described in the lAMP for the Low
Residential District, Mixed Residential District and Neighborhood Center District, and thus satisfies Objective II.1
of the lAMP.
2. The subject property's location in relation to existing or proposed community facilities and services permits the
development's residential density as required in Objective 2 of the Future Land Use Element (FLUE). The
presence of schools, churches, parks, clinics, emergency services, a fire department, sheriff department facilities,
shelters, water and wastewater treatment facilities within a three-mile radius of the site demonstrate that residential
development at this site will be appropriately served. The proposed road and sidewalk system for the project
provides safe and convenient movement of pedestrians, motorized, and non-motorized vehicles consistent with
Objective VI.1 of the lAMP.
3. The project development is compatible and complementary to existing and future surrounding land uses as
required in Policy 5.4 of the FLUE through the internal arrangement of structures, the placement of land use
buffers, and the proposed development standards contained herein. The proposed residential project will be
consistent with the existing adjoining development, including Lake Trafford Elementary School, Independence
residential project to the north, Arrowhead residential project to the south, and other surrounding residential
property. The Immokalee FLUM designates property to the north and west as Low Residential, to the east as Mixed
Residential and Neighborhood Center, and to the south as Neighborhood Center and Low Residential. The
proposed development will be consistent with all these current uses and designations for future use of surrounding
properties.
4. Improvements are planned to be in compliance with applicable land development regulations as set forth in
Objective 3 of the FLUE.
5. The project development will result in an efficient and economical land use In the form of a cohesive
neighborhood unit consistent with Objective ILl of the lAMP.
6. The project development is planned to incorporate natural systems for water management in accordance with
their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub- Element of the
Public Facilities Element. The site is designed to include open spaces and natural features, which are preserved
ii
Agenda Item No. 8D
June 6, 2006
Page 26 of 130
from future development in order to enhance their natural functions and to serve as project amenities, consistent
with Goal IV of the lAMP. The project design enhances the environment and the visual appeal of Immokalee
consistent with Objective II.2 of the lAMP. With open space occupying over 60% of the property, the project
implements FLUE Policy 5.6.
7. The projected density of 6.034 dwelling units per acre (DU/A) is in compliance with the lAMP based on the
following relationships to required criteria:
Density per 21.172: acres of Low Residential
Designation on Immokalee Future Land Use Map
4DU/A
Density per 3.102: acres of Neighborhood Center
Designation on Immokalee Future Land Use Map
12 DU/A
Density per 2.582: acres of Mixed Residential
Designation on Immokalee Future Land Use Map
6 DU/A
Affordable housing density bonus
(100% are for low income households)
+8 DU/ A
Roadway access density bonus + 1 DU/ A
(commitment for provision of interconnection
of roads with existing or future adjacent Independence project)
Maximum Permitted density 14.1 DU/A
PROPOSED DENSITY 6.034 DU/A
162 units on 26.852: acres (gross acreage for residential use)
8. The provision of affordable housing in this development is consistent with Goal 1 of the Housing Element of
the GMP and Goal III of the lAMP by creating safe, decent, sanitary, and affordable housing for residents of Collier
County, including low and moderate income persons, rural residents, and farmworkers. The proposed project
increases the number of affordable housing units to meet the housing needs ofthe County, which is consistent with
Objective 1 of the Housing Element.
9. All tinallocal development orders for this project are subject to the Collier County Adequate Public Facilities
Ordinance in accordance with Policy 11.1.2 of the lAMP.
iii
Agenda Item No. 8D
June 6, 2006
Page 27 of 130
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing
conditions of the property proposed to be developed under the project name of the Liberty Landing RPUD.
1.2 LEGAL DESCRIPTION
The subject property, being 26.85:t acres, is described as:
A PARCEL OF LAND LOCATED IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE ON THE NORTH RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD (COUNTY ROAD NO.
850) AT THE SOUTHEAST CORNER OF "INDEPENDENCE PHASE ONE", A SUBDIVISION OF PART OF
SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA AND RECORDED
IN PLAT BOOK 41, PAGE 44 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY AND RUN SOUTH
87043'20" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 550.08 FEET TO THE
POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2800, PAGE 315 OF SAID PUBLIC RECORDS; THENCE RUN NORTH
00034'16" WEST ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 1882.95 FEET TO AN
INTERSEeTION WITH THE SOUTH LINE OF "INDEPENDENCE PHASE TWO", A SUBDIVISION
RECORDED IN PLAT BOOK 43, PAGE 64 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 85010'10"
EAST ALONG SAID SOUTH LINE AND THE EASTERLY PROJECTION OF SAID SOUTH LINE, A
DISTANCE OF 1110.45 FEET TO A POINT ON THE WEST LINE OF THE EAST 30 FEET OF THE
NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN SOUTH 00055'13" EAST ALONG SAID
WEST LINE OF THE EAST 30 FEET AS DESCRIBED IN OFFICIAL RECORDS BOOK 264, PAGE 451 OF
SAID PUBLIC RECORDS, A DISTANCE OF 843.72 FEET TO AN INTERSECTION WITH THE EASTERLY
PROJECTION OF THE NORTH LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK
217, PAGE 925 OF SAID PUBLIC RECORDS; THENCE RUN NORTH 87043'20" WEST ALONG SAID
EASTERLY PROJECTION AND ALONG SAID NORTH LINE, A DISTANCE OF 902.34 FEET TO THE
NORTHWEST CORNER OF SAID PROPERTY; THENCE RUN SOUTH 00035'50" EAST ALONG THE WEST
LINE OF SAID PROPERTY, A DISTANCE OF 990.01 FEET TO AN INTERSECTION WITH SAID NORTH
RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD (COUNTY ROAD NO. 850); THENCE RUN NORTH
87043'20" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 210.15 FEET TO THE
SAID POINT OF BEGINNING.
CONTAINING 1,169,550.39 SQUARE FEET OR 26.85 ACRES OF LAND, MORE OR LESS.
A site location map is provided as EXHIBIT 1.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34113
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
I-I
Agenda Item No. 8D
June 6, 2006
Page 28 of 130
A. The project site is located in the north half of Section 31, Township 46 South, Range 29 East in Collier
County. The project entrance is along the north side of Lake Trafford Road, just west of Lake Trafford
Elementary School, and approximately 2.25 miles west of the intersection of Lake Trafford Road and State
Road 29.
B. The zoning classification of the subject property prior to the date of this approved RPUD Document was
Rural Agricultural (A).
1.5. PHYSICAL DESCRIPTION
The project site is located within the South Florida Water Management District (SFWMD) jurisdiction. The natural
drainage of the site is in a southwesterly direction to the Lake Trafford Road drainage ditch along the project's
southern border. The ditch, in turn, discharges into Lake Trafford.
Water management for the proposed project is planned to utilize control structures to bleed down stormwater for
on-site drainage detention. Elevations within the project site range from 29 to 32 feet above mean sea level. Most
of the site, however, has an elevation within 30 to 32 feet. The entire site is in Flood Zone D according to FIRM
Map Panel Number 150G, effective November 17,2005.
The soil types on the site include Immokalee Fine Sand (approximately 85%) and Bassinger Fine Sand
(approximately 15%). Soil characteristics were derived from the USDAlNRCS Soil Survey for Collier County,
Florida.
1.6. PROJECT DESCRIPTION
The project is a residential neighborhood of 162 single-family, zero lot line, two-family, or duplex dwelling units in
close proximity to Lake Trafford Elementary School and other residential neighborhoods. The project includes
residential areas, streets, water management features, preserve areas and a recreation area. The site shall be
designed, permitted and developed with build-out anticipated in 2008.
1.7. SHORT TITLE
This Ordinance shall be known and cited as the "Liberty Landing Residential Planned Unit Development
Ordinance. "
1-2
Agenda Item No. 80
June 6, 2006
Page 29 of 130
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of development, relationships to
applicable County ordinances, the respective land uses ofthe tracts included in the project, as well as other project
relationships.
2.2. GENERAL
A. Regulations for development of Liberty Landing shall be in accordance with the contents of this
Document, RPUD-Residential Planned Unit Development District and other applicable sections and parts
of the Collier County Land Development Code (LDC) and GMP in effect at the time of application for the
type of development order to which these regulations relate. Where these regulations fail to provide
developmental standards, the provisions of the most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in LDC in
effect at the time of development order application to which those definitions relate.
C. All conditions imposed and all graphic material presented depicting restrictions for the development of the
Liberty Landing RPUD shall become part of the regulations that govern the manner in which the RPUD
site may be developed.
D. Unless modified, waived or excepted by approval of this RPUD, the provisions of other portions of the
LDC where applicable, remain in full force and effect with respect to the development of the land which
comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a concurrency review under the
provisions of the LDC, as amended, regarding Adequate Public Facilities Requirements.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated
graphically by Exhibit 2, RPUD Master Plan. There shall be residential land use tracts, plus necessary
water management lakes, street rights-of-way, the general configuration of which is also illustrated by
Exhibit 2.
TABLE 1
Project Land Use Tracts
TRACT "R"
TYPE
Single-family, zero lot
line, two-family, or duplex
UNITS
l62DU
ACREAGE
20.49 ACRES
Lakes
3.69 ACRES
TRACT "P"
Preserve
0.74 ACRES
ROADS/R-O-W
5.62 ACRES
26.85 TOTAL ACRES
B. Areas illustrated as lakes in Exhibit 2 shall be constructed as lakes, or upon approval, parts thereof may be
constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such lakes and
III-I
Agenda Item No. 80
June 6, 2006
Page 30 of 130
intermittent wet and dry areas shall be in the same general configuration and contain the same general
acreage as shown by Exhibit 2. Minor modification to all tracts, lakes or other boundaries may be
permitted at the time of plat or SDP approval, subject to the provisions of the LDC, as amended, or as
otherwise permitted by this RPUD Document.
C. In addition to tracts shown in Exhibit 2, such easements as necessary (utility, private, or semi-public) shall
be established within or along the various tracts, as may be necessary.
2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 162 residential dwelling units shall be constructed in the total project area.
The gross project area is 26.85i: acres. The gross project density, therefore, will be a maximum of6.034 DU/A.
III-2
Agenda Item No. 80
June 6, 2006
Page 31 of 130
SECTION III
RESIDENTIAL AREAS PLAN
3.1. PURPOSE
The purpose of this Section is to identifY specific development standards for areas designated as residential areas on
Exhibit 2.
3.2. MAXIMUM DWELLING UNITS
A maximum of 162 dwelling units shall be allowed within the Liberty Landing RPUD.
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other
than the following:
A. Principal Uses:
(1) Single-family dwelling units (A building which contains only one dwelling unit and is intended,
designed, used and occupied by no more than one family).
(2) Zero lot line dwelling units (A single family attached or detached dwelling structure on
individually platted lots which provides a side yard on one side of the dwelling and no yard on the
other).
(3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used
and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is
located on a separate lot under separate ownership).
(4) Duplex dwelling units (A single, freestanding, conventional building on a single lot, which
contains only two dwelling units and is intended, designed, used and occupied as two dwelling
units under single ownership, or where each dwelling unit is separately owned or leased but the
lot is held under common ownership).
B. Accessory Uses:
(I) Customary accessory uses and structures, including private garages.
(2) Common recreation amenities and play areas. Such uses shall be visually and functionally
compatible with the adjacent residences which have the use of such facilities.
3.4. DEVELOPMENT STANDARDS (See Table II)
A. GENERAL: All setbacks shall be in relation to the lot boundaries, except as otherwise provided (See
Table II, Schedule of Deve]opment Standards).
B. BUILDING HEIGHT: Building height shall be measured from the first finished floor elevation to the
highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the
mean height ]evel between eaves and ridge of gable, hip, and gambrel roofs.
C. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by the LDC in effect at the
time of building permit application.
III-3
Agenda Item No. SO
June 6, 2006
Page 32 of 130
TABLE 2
Development Standards for Residential Areas
Single Zero Lot Two Family Duplex - unit is fee
Family Line - lot is simple, lot is
Detached owned fee common ownership
simple
PRINCIPAL STRUCTURES
Minimum Lot Area 3,000 s.f. 3,000 s.t: 3,000 s.f. 7,000 s.f.
Minimum Lot Width! 35 feet 35 feet 35 feet 70 feet
Minimum Floor Area 900 s.t: 900 s.f. 900 s.f. 900 s.f.
Front Y ard Setback~ 20 feet 20 feet 20 feet 20 feet
Side Yard Setback3 5 feet o feet or 5 o feet or 5 5 feet
feet feet
Rear Yard Setback q 15 feet 15 feet 15 feet 15 feet
Preserve Setback 25 feet 25 feet 25 feet 25 feet
Maximum Building Heighe 35 feet 35 feet 35 feet 35 feet
2 stories 2 stories 2 stories 2 stories
Minimum Distance 1 0 feet 10 feet 10 feet 10 feet
Between Principal Structures
ACCESSORY STRUCTURES
Front Yard Setback S.P.S. S.P.S. S.P.S. S.P.S.
Side Yard Setback S.P.S. S.P.S. S.P.S. S.P.S.
Rear Yard Setback (Accessory) 5 feet 5 feet 5 feet 5 feet
Preserve SetbackO 10 feet 1 0 feet 10 feet 1 0 feet
Maximum Building Height 35 feet 35 feet 35 feet 35 feet
2 stories 2 stories 2 stories 2 stories
Minimum Distance Between o feet or 10 o feet or 10 o feet or 10 o feet or 10 feet
Principal and Accessory feet feet feet
Structures 7
Notes:
S.P.S.: Same as Principal Structure
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the
development standards to be applied by the Customer Services Department during an application for a building
permit.
SECTION IV
1 On cuI de sac lots and lots on the inside part of a curved street, minimum lot width may be reduced by 25%.
2 A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement
where no sidewalk is provided.
3 For fee simple lots created as zero lot line or two-family housing units, no side yard shall be required between
interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall of
the principal structure. A minimum lO foot separation between principal structures shall be maintained.
4 For lots adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required
20 foot lake maintenance easement.
5 Building height measured from the first finished floor to the highest point of the roof surface of a flat or Bermuda
roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and
gambrel roofs.
6 Preserve setback of lO feet for accessory structures also applies to any site alteration.
7 Attached accessory lanais or roofed screened areas qualifY for O-foot separation. Detached accessory structures
require a minimum of a lO-foot separation.
III-4
Agenda Item No. 8D
June 6, 2006
Page 33 of 130
PRESERVE AREA
4.1. PURPOSE
The purpose is to preserve and protect native vegetation and naturally functioning habitat in a natural or enhanced
state. A minimum of 0.70 acres shall be dedicated as preserve area in the Liberty Landing RPUD to meet the 25%
native vegetation requirement.
4.2. USES PERMITTED
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 federal permits when required:
A. Principal Uses:
(1) Open spaces/nature preserves.
(2) Boardwalks subject to appropriate approvals by permitting agencies, however such structures
shall not reduce the retained native vegetation area below the minimum required.
IV-I
Agenda Item No. SD
June 6, 2006
Page 34 of 130
SECTION V
DEVELOPMENT COMMITMENTS
5.1. PURPOSE
The purpose of this Section is to set forth the development commitments related to development of the Liberty
Landing RPUD.
5.2. GENERAL
All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws,
codes, and regulations applicable to this RPUD. The developer, its successor or assigns, is bound by the
commitments outlined in this Document.
The developer, his successor or assigns shall follow the Master Plan and the regulations of the RPUD as adopted,
and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the
developer, its successors or assigns in title, are bound by the commitments within this Document.
5.3. RPUD MASTER PLAN
A. Exhibit 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed
tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent
approval phase such as final platting or SDP application. Amendments may be made subject to the
provisions of the LDC, as amended.
B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued
operation and maintenance of all service utilities and all common areas in the project.
5.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION
A. Development of the Liberty Landing RPUD is proposed for completion in 2008. The Liberty Landing
RPUD shall be subject to the PUD Sunset Provisions of the LDC, as amended.
B. All of the dwelling units constructed within the Liberty Landing RPUD shall be committed to occupancy
by very low income level households at or below 50% of the median annual household income in Collier
County. Covenants and restrictions shall be applied to all of the dwelling units within Liberty Landing
RPUD to ensure affordability of all dwelling units for a period of at least fifteen (15) years from the date of
issuance of the certificate of occupancy (CO) for the residential unit subject to the covenant restriction.
C. By the time building permits for the first 100 residential units are issued, the developer shall have
constructed one fenced playground area with parking area in the location shown on the RPUD Master Plan.
D. Monitoring Report: An annual monitoring report shall be submitted pursuant to requirements of the LDC,
as amended.
V-I
Agenda Item No. SO
June 6, 2006
Page 35 of 130
5.5. TRANSPORTATION
A. The minimum right-of-way width for local streets within the Liberty Landing RPUD shall be in
accordance with the LDC, as amended, with the exception of a 40-foot wide private right-of-way proposed
for the northwest comer of the site. This is identified in Section VI, Deviations.
B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with
Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current
edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices
(MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC, as
amended.
C. Arterial level street lighting shall be provided at the development main access point. Access lighting must
be in place prior to the issuance of the first permanent certificate of occupancy (CO).
D. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are
considered to be conceptual. Nothing depicted on the Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be approved or denied during the
review of required subsequent site plan or final plat submissions. All such access points shall be consistent
with the County Access Management Policy (Res. No. 01-247), as it may be amended from time to time,
and with the Collier County Long Range Transportation Plan. The number of access points constructed
may be less than the number depicted on the Master Plan; however, no additional access points shall be
considered unless a PUD amendment is to be processed.
E. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and
egress to this project, as determined by the County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the issuance of the first CO.
F. Road impact fees shall be paid in accordance with the Transportation section ofthe County's Impact Fee
Ordinance.
G. All work within Collier County rights-of-way or public easements shall require a right-of-way permit.
H. All proposed median opening locations shall be in accordance with the Collier County Access
Management Policy (Res. No. 01-247), as it may be amended, and the LDC, as it may be amended. The
County reserves the right to modify or close any median opening existing at the time of approval of this
RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications
shall be based on, but are not limited to, safety, operational circulation, and roadway capacity.
I. Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at
any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening,
nor the lack thereof, be the basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee.
J. Due to the interconnection with a County maintained right-of-way in the adjoining Independence project,
all internal roads, sidewalks and interconnections to adjacent developments within the Liberty Landing
RPUD shall be operated and maintained by the County. Operation and maintenance of driveways, private
right-of-way, and other pathways within the Liberty Landing RPUD shall be operated and maintained by
an entity created by the developer.
K. If any required turn lane improvement requires the use of existing County rights-of-way or easements,
compensating right-of-way shall be provided without cost to the County as a consequence of such
improvement.
L. The applicant shall be required to improve the sidewalk along the property's frontage on Lake Trafford
Road to County standards in place at the time of plat approval. This improvement must be completed prior
to the issuance of the first CO. If the improvement is made prior to the developer doing so, a payment in
lieu of construction shall be made prior to the issuance of the first CO.
V-2
Agenda Item No. 8D
June 6, 2006
Page 36 of 130
5.6. WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained prior to commencement of site work.
B. An excavation permit will be required for the proposed lakes in accordance with the LDC, as amended.
All lake dimensions will be approved at the time of excavation permit approval.
C. The Liberty Landing RPUD conceptual surface water management system is described in the Water
Management Report, which has been included in the RPUD rezone application materials.
5.7. UTILITIES
A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project
by the developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way
or within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District.
B. Upon completion of the utility facilities, the facilities shall be tested to ensure they meet the Immokalee
Water and Sewer District construction requirements in effect at the time construction plans are approved.
C. All customers connecting to the potable water and sanitary sewer system shaIl be customers of the
Immokalee Water and Sewer District.
5.8. ENGINEERING
The development of this Liberty Landing RPUD shall be consistent with the LDC, as amended.
5.9. ENVIRONMENT AL
A. The Liberty Landing RPUD shall be consistent with the GMP, Conservation and Coastal Management
Element, and the environmental sections of the LDC in effect at the time of final development order
approval.
B. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit
Rules and shall be subject to review and approval by Environmental Services Staff.
C. The Liberty Landing RPUD shall comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWCC)
regarding potential impacts to protected species on-site. If applicable, a habitat management plan for those
protected species shaIl be submitted to Environmental Services Staff for review and approval prior to final
construction plan approval.
D. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as
preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent
conservation easement to prohibit further development. All preserve areas shall be designated as preserve
tracts on all construction plans and shall be recorded on the plat, or at time of SDP approval, with
protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall
be dedicated on the plat, or at time of SDP approval, to the Liberty Landing homeowners' association, or
like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for
maintenance.
E. All principal structures, including under roof attached structures that are a part of the primary structure,
shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and site
alterations shall have a minimum 10-foot setback.
F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis
on the preservation areas, shall be submitted to Environmental Services Staff for review and approval prior
V-3
Agenda Item No. SO
June 6, 2006
Page 37 of 130
to final SDP or construction plan approval. A schedule for exotic removal within all preserve areas shall be
submitted with the above-mentioned plan.
G. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed
from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
H. A Preserve Area Management Plan shall be submitted to Environmental Services Staff for approval prior
to site plan or construction plan approval identifYing methods to address treatment of invasive exotic
species, fire management, and maintenance.
1. All agency permits (SFWMD, ACOE, FFWCC) shall be submitted prior to final construction plan
approval, if applicable.
J. The design elevation(s) of the littoral shelf planting area (LSP A) shall be determined based on the ability
of the LSP A to function as a marsh community and on the ability of selected plants to tolerate the expected
range of water level fluctuations. The design of the shelf may deviate from the reference values if site-
specific data and information are presented that supports the proposed elevations.
5.10. SIGNS
Signage shall be in accordance with the LDC, as amended.
V-4
Agenda Item No. 80
June 6, 2006
Page 38 of 130
SECTION VI
DEVIATIONS
Deviation #1 seeks relief from LDC Section 6.06.02, which requires construction of 5-foot wide sidewalks on both
sides of local streets.
Sidewalks are proposed to be placed on both sides of the street throughout the development with the exception of a
40-foot wide private access in the northwest comer of the community that serves four units. The units are all on
one side of the access, and the access will be maintained by the homeowners association. The proposed sidewalks
serve the purpose of connecting residents within the neighborhood to on-site destinations as well as off-site to
neighboring Independence subdivision and Lake Trafford Elementary School. This deviation will not adversely
impact pedestrian mobility for the project, and will reduce impervious areas for better water quality and storm
attenuation.
Deviation #2 seeks relief from LDC Section 4.06.02.C which requires a 15-foot Type B buffer along the eastern
boundary of Liberty Landing RPUD where the property borders VR "Village Residential" Zoning District.
Due to the compatible nature of the proposed Liberty Landing neighborhood and the homesites adjacent to the east,
the opacity standards of the Type B buffer are not necessary.
Per LDC Section 2.03.01.H, the purpose and intent of the Village Residential Zoning District "VR", applicable to
property to the east, is to provide lands where a mixture of residential uses may exist. Additionally, the LDC calls
for uses located and designed in the VR Zoning District to maintain a village residential character which is
generally low profile, with relatively small building footprints. The applicable Mixed Residential land use
designation on the Immokalee Area Master Plan, allows for density along the eastern border of Liberty Landing at 6
dwelling units per acre. Density for the proposed Liberty Landing neighborhood is also 6 units per acre, so it is
justifiable to allow for a buffer type that is standard between two compatible uses. Therefore, a 10-foot Type A
buffer is requested.
Deviation #3 seeks relief from LDC Section 6.06.01 (also Construction Standards Manual as revised in Supp. 17,
03-55) which requires minimum local street right-of-way width of 60 feet.
All local streets within the Liberty Landing RPUD shall meet the 60-foot minimum requirement except for a 120-
foot access drive at the northwest comer of the site. The access drive will serve four units and is proposed at a
width of 40 feet. Travelways will meet required width at II feet, and a sidewalk will serve homes fronting the
drive. Adequate back-out area is provided for the limited number of users accessing the four units. Ownership and
maintenance of this 40-foot wide private right-of-way will remain with the developer, to be conveyed to the
homeowners' association. This deviation is justified because it allows for safe ingress and egress for the four units
within the small-scale setting of the neighborhood. This dimension for a limited use drive accommodates all the
standard roadway functions while allowing for the development to be compact and affording greater open space.
VI-I
Agenda Item No. 8D
June 6, 2006
Page 39 of 130
,
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FORT MYERS, FLORIDA 33902-1550
PHONE (941) 334-0046
FAX (941) 334-3661
E.8. #642 &: L.8. #642
Location Map
Liberty Landing
DATE
AUG. 2005
EXHIBIT 1
PROJECT LAND USE
FlESIDENTlAL(R)
LAKES
PFlESCRVE
RQA!JSlROW
I",PIORVIOUS AREA
MIN IMU'vl OPEN S."AC!.j60%)
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Agenda Item No. 80
June 6, 2006
Page 40 of 130
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UBERTY LANDING
RPUD MASTER PLAN
2.350 STANFORD COURT
N IIPLES, FLORI D,I, 3....'1:z
PHONE (2.)9) ~4-0JJJ
F.....X (~) "-34-9320
E.B. 164-2 /lr: LB. ~42
DATE
MAY 2.006
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E.hit>it 2
EXHIBIT 2
Agenda Item No. 8D
June 6, 2006
Page 41 of 130
PntP8f"ed by:
Collier Covnty Attorney's 0fIIce
3301 Tamlaml Tnal East
Naples. FL 34112
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
, 2006, by and
between Habitat for Humanity of Collier County. Inc. (the "Developer") and the Collier
County Board of County Commissioners (the "Commission"), collectively, the "Parties"
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property"). It is the Developer's intent to construct
a maximum of
162
residential units (the .Units") at a density of 6
units
per gross acre on the Property. The gross acreage of PropertY is 26.88
acres. The number of affordable Units constructed by Developer shall be a maximum of
162
,representing 100
percent of the total number of residential Units in the
development.
B. In order to construct 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 No. 90-89, now codified by Ordinance 04-41, as
Rev 5/17/06
Agenda Item No. SO
June 6, 2006
Page 42 of 130
Land Development Code (LDC) ~ 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 22 bonus Units on the Property. if the Developer
agrees to construct affordable Units as specified in this Agreement.
NOW. THEREFORE, in consideration of the approval and grant of the density
bonus of 0.9 units per acre requested by the Developer and the benefits
conferred thereby on the Property, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Developer and the
Commission hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. DeveloDer Aareements. The Developer hereby agrees that it shall
construct a maximum of 162 affordable Units which Units shall be sold in accordance
with the terms and conditions of this Agreement and as specified by the attached
Appendices A & B, Exhibits A. B, & C. and Appendix C. which Appendices are
incorporated by reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflid between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC ~ 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown 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
Page 2 of 29
Agenda Item No. 8D
June 6, 2006
Page 43 of 130
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement. the median income
of the area as defined by the u.s. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted 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.
(3) Eliaibilitv and Qualification of Owner. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable housing density bonus
program prior to being qualified at the appropriate level of income (moderate income) in
accordance with this Section; 3) certification of eligible Owner by the Financial
Administration and Housing Department.
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable units
in the subject development. All applications, fonns and other documentation required
by this Agreement shall be provided to the Financial Administration and Housing
Department. Qualification by the Developer of any persons as an eligible Owner family
shall be subject to review and approval in accordance with the monitoring and
enforcement program in LDC 99 2.06.05 and 2.06.06, respectively.
(a) APplication. A potential owner shall apply to the developer. owner,
manager, or agent to Qualify as a low income family for the purpose of owning and
occupying an affordable housing unit pursuant to the affordable housing density bonus
Page 3 of 29
Agenda Item No. 80
June 6, 2006
Page 44 of 130
program. The Preliminary Application for Affordable Housing Unit shall be provided by
the Financial Administration and Housing Department as shown in Appendix B, Exhibit
A, attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable housing Unit in the
development shall be sold whose household income has not been verified and certified
in accordance with this Agreement and LDC ~ 2.06.05.
(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 recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, attached to the Affordable Housing Applicant Income
Verification form, Including a statement to release infonnation, occupant verification of
the retum, and a signature block with the date of application. The verification shall be
valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the
180 day period, the Infonnation may be verbally updated from the original sources for
an additional 30 days, provided it has been documented by the person preparing the
original verification. After this time, a new verification fonn must be completed. The
Affordable Housing Applicant Income Verification form shall be provided by the
Financial Administration and Housing Department as shown in Appendix B, Exhibit B,
attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification fonn be executed by the potential
occupant (including the entire household) prior to occupancy of the affordable housing
unit by the occupant. Income certification shall assure that the potential occupant has
an appropriate household income which qualifies the potential occupant as an eligible
family to occupy an affordable housing unit under the affordable housing density bonus
Page 4 of 29
Agenda Item No. 8D
June 6, 2006
Page 45 of 130
program. The Affordable Housing Applicant Income Certification form shall be provided
by the Financial Administration and Housing Department as shown in Appendix a,
Exhibit C, is attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LOC ~ 2.06.00, may be conducted
by the Financial Administration and Housing Department upon reasonable notice.
(4) Annual Proaress and Monitorina Reoort. The Developer shall provide the
Financial Administration and Housing Department an annual progress and monitoring
report regarding the delivery of affordable housing units throughout the period of their
construction and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC 9
2.06.00, or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Financial Administration and Housing Department. Failure to complete and submit the
monitoring report to the Financial Administration and Housing Department within sixty
(60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per
day unless a written extension not to exceed thirty (30) days is requested prior to
expiration of the sixty (60) day submission deadline. No more than one such extension
may be granted in a single year.
(5) OccuDancv Restrictions. No Affordable Unit in any building or structure
on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 5.1 units per acre, and is therefore granted a
density bonus of 0.9 density bonus units per acre, for a total density (total
= density bonus units per acre X gross acreage) of 6 units/ae, pursuant to
Page 5 of 29
Agenda Item No. SO
June 6, 2006
Page 46 of 130
LDC i 2.06.00 The Commission further agrees that the Developer may construct
thereon, in the aggregate a maximum number of 162 units on the Property
provided the Developer is able to secure building permit{s) from Collier County.
4. Commission Aareement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general infonnation that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC i
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit
provided under the affordable housing density bonus program except as specifically
permitted by the terms of this Agreement; or to knowingly give false or misleading
information with respect to any information required or requested by the Financial
Administration and Housing Department or by any other persons pursuant to the
authority which is delegated to them by LDC i 2.06.00 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 Agreement shall be at the option of the
Commission by criminal enforcement pursuant to the proviSions of Section 125.69,
FlQrida Statutes, or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedinas.
Whenever it is determined that there is a violation of this Agreement or of LOC i
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified retum-
receipt requested U.S. Mail, or hand-delivery to the person or developer in violation.
The Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of OccuDancy. In the event that the Developer fails to
Page 6 of 29
Agenda Item No. 8D
June 6, 2006
Page 47 of 130
maintain the affordable units in accordance with this Agreement or LDC 9 2.06.00, as
amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LOC 9 2.06.00, as amended.
6. Assianment bv Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which 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 notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail.
postage prepaid, to the Parties at the following addresses:
To the Commission:
Collier County Financial Administration and
Housing Department
2800 North Horseshoe Drive
Naples, Florida 34104
Page 7 of 29
Agenda Item No. SD
June 6, 2006
Page 48 of 130
To the Developer: Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34113
With copy to:
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 Collier
County Financial Administration and Housing Department or its designee, shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or 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
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recordina. This Agreement shall be recorded at County's expense in the
Page 8 of 29
Agenda Item No. SO
June 6, 2006
Page 49 of 130
official records of Collier County, Florida.
13. Entire Aareement. 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 required affordable housing as provided in the LOC 92.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion. sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell. and maintain the same in a non-discriminatory
manner and shall make available any relevant information to any person who is
interested in purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable
units.
e. The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
f. The square footage. construction 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
Page 9 of 29
Agenda Item No. 8D
June 6,2006
Page 50 of 130
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 market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17. Phasina. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 100 percent affordable housing units for this project, with
100 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 buyer or lender of the particular affordable housing 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
Collier County 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 Housina Densitv Bonus Develooment Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preaoolication. Developer has executed and submitted to theeDevelopment Services Department the Developer Application for Affordable Housing
Page 10 of 29
Agenda Item No. 80
June 6, 2006
Page 51 of 130
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein. .
22. Govemina Law. This Agreement shall be govemed by and construed in
accordance with the Jaws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver. in
recordable form if necessary, any and all documents. certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this 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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy ClerK
By: FRANK HALAS, CHAIRMAN
Approved as to fann and legal sufficiency:
Marjorie Student-Stirling
Assistant County Attorney
Page 11 of 29
Agenda Item No. 80
June 6, 2006
Page 52 of 130
DEVELOPER:
Witnesses:
By:
Witness
Printed Name
By:
Witness
Printed Name
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
as of
known to me or has produced
WITNESS my hand and official seal this
I who is personally
as identification.
day of
2006.
Notary Public
My Commission Expires:
Page 12 of 29
Agenda Item No. SO
June 6, 2006
Page 53 of 130
EXHIBIT A
LEGAL DESCRIPTION
The subject property, being 26.85:t acres, is described as:
A PARCEL OF LAND LOCATED IN SECTION 31, TOWNSHlP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED
AS FOllOWS:
COMMENCE ON THE NORTH RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD
(COUNTY ROAD NO. 850) AT THE SOUTHEAST CORNER OF "INDEPENDENCE PHASE
ONE", A SUBDMSION OF PART OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 41, PAGE 44 OF
THE PUBUC RECORDS OF SAID COLLIER COUNTY AND RUN SOUTH 87043'20" EAST
ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 550.08 FEET TO THE
POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2800, PAGE 315 OF SAID PUBUC
RECORDS; THENCE RUN NORTH 00034'16" WEST ALONG THE EAST LINE OF SAID
PROPERTY, A DISTANCE OF 1882.95 FEET TO AN INTERSECTION WITH THE SOUTH
LINE OF "INDEPENDENCE PHASE TWO", A SUBDNISION RECORDED IN PLAT BOOK
43, PAGE 64 OF SAID PUBUC RECORDS; THENCE RUN SOUTH 85010'10" EAST
ALONG SAID SOUTH LINE AND THE EASTERLY PROJECTION OF SAID SOUTH LINE,
A DISTANCE OF 1110.45 FEET TO A POINT ON THE WEST LINE OF THE EAST 30
FEET OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN SOUTH
00055'13" EAST ALONG SAID WEST LINE OF THE EAST 30 FEET AS DESCRIBED IN
OFFICIAL RECORDS BOOK 264, PAGE 451 OF SAID PUBLIC RECORDS, A DISTANCE
OF 843.72 FEET TO AN INTERSECTION WITH THE EASTERLY PROJECTION OF THE
NORTH LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 217,
PAGE 925 OF SAID PUBUC RECORDS; THENCE RUN NORTH 87043'20" WEST ALONG
SAID EASTERLY PROJECTION AND ALONG SAID NORTH LINE, A DISTANCE OF
902.34 FEET TO THE NORTHWEST CORNER OF SAID PROPERTY; THENCE RUN
soum 00035'50" EAST ALONG THE WEST LINE OF SAID PROPERTY, A DISTANCE
OF 990.01 FEET TO AN INTERSECTION WITH SAID NORTH RIGHT-OF-WAY LINE OF
LAKE TRAFFORD ROAD (COUNTY ROAD NO. 850); THENCE RUN NORTH 87043'20"
WEST ALONG SAID NORTH RIGHT -OF- WAY LINE, A DISTANCE OF 210.15 FEET TO
THE SAID POINT OF BEGINNING.
CONTAINING 1,169,550.39 SQUARE FEET OR 26.85 ACRES OF LAND, MORE OR LESS.
Page 13 of 29
Agenda Item No. 80
June 6, 2006
Page 54 of 130
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITSIMONTHLY BASE RENTS
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
LOW INCOME
(60-/0 MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME
(50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
162 two family
4 Bedroom
TOTAL
162 two family
VERY-VERY LOW INCOME
(25%-50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(1) Base residential density allowed in this development 5.1 units/acre.
Page 14 of 29
Agenda Item No. 80
June 6, 2006
Page 55 of 130
(2) Gross acreage 26.85.
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 22 units.
(4) Gross residential density of this development (including affordable housing density
bonus units) 6 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 100 %.
Page 15of29
Agenda Item No. SD
June 6, 2006
Page 56 of 130
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC ~ 2.06.03, 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.
The affordable housing density bonus rating system shall be 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
(owner-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
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate it
in Table B, and detennine 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 number of residential dwelling units per gross
acre that may be added to the base density. lbese additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing writs which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1/1Oth of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable housing
density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus 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
B, the affordable housing density bonus for eacb type of unit shall be added to those for the other
type(s) to determine the maximwn affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
Page 16 of 29
Agenda Item No. 80
June 6, 2006
Page 57 of 130
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonDS in the space provided below. Attach additional pages if
necessary.
PER ORDINANCE 05-27
Table A. Affordable Housing Density Bonus
(Addition" Available Dwelling Units Per Gross Acre)
TABLE INSET:
Percent of Development Designated as Affordable Housing
I 0010 20010 30010 40% 50010 60% 70% 80010 90% 1 00010
80%
MI. I 2 3 4 5 6 7 8 8 8
Income 60% 2 3 4 5 6 7 8 8 8 8
Level MI
50% 3 4 5 6 7 8 8 8 8 8
MI
.Owner-occupied only
Total Allowable Density = Base Density + Affordable Housing Density Bonus
Page 17 of 29
Agenda Item No. 8D
June 6,2006
Page 58 of 130
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (aXl); Collier County Code of Laws and Ordinances,
moderate income is 61 % to 80% of the median income, low income is 51 % to 6()01D of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 100S
563,300 Naples, MSA (CoWer County)
NUMBER OF MEMBERS IN FAMILY
! ~ 1 ! ~ ~ 1 !
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
500.10 24,450 27,900 31,400 34,900 37,700 40.500 43,300 46,050
35% 17.115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13 ,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAlL) and the Low-Income Rental Housing Tax Credit (LllITC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE . TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
80010 $1,046 $1,256 $1,451 $1,618
60% $785 $942 $1,089 $1,215
50% $654 $785 $901 $1.012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
Page 18 of 29
Agenda Item No. 8D
June 6, 2006
Page 59 of 130
UTILITY ALWW ANCES
ONE BIR TWO BIR THREE BIR FOUR BIR
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUer UTILITIES TO CALCULATE NET RENTS.
Page 19 of 29
Agenda Item No. 80
June 6, 2006
Page 60 of 130
NOT APPLICABLE
APPENDIX 8. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. OfScc. Deposit:_
RacelNational Origin: Handicap: Yes _ No_
R.acelNational Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City
Name of Previous Landlord
State
Zip Telephone No.
Street
City
State
Zip
Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
CO-TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $_ Weekly $
Monthly $
Job Title
Every 2 Weeks $
Monthly $
Page 20 of 29
Agenda Item No. 8D
June 6, 2006
Page 61 of 130
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Birth Date
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE .B3.Mil SOCIAL SECURITY
1.
2.
3.
PERSONAL REFERENCES (Not Reladvesl
1. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
Page 21 of 29
Agenda Item No. 8D
June 6, 2006
Page 62 of 130
NOT APPLICABLE
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name: :
Social Security Number
Social Security Number
Present Address:
Street City State Zip Telephone No.
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or fonns of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable housing unit I understand that I am not required
to surrender my ownership or rights or claimed property, pensions or capital gains, etc.
AoD6cant Co-oCCUDant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ S $ $
Welfare $ S $ $
Food Stamps $ S $ $
Social Security $ $ $ $
Social Security Disability $ S S $
Supplemental SSI $ $ $ $
Family Assistance $ $ S $
Child Support $ $ $ $
Veterans Benefits $ S $- $
Widows Benefits $ $ $- 5
Union Pension $ 5 $- 5
Page 22 of 29
Agenda Item No. 8D
June 6, 2006
Page 63 of 130
Self-Employment Business,
Silent Partner, etc.
Private Insurance Pension
$
$
$-
$
$- $
$ $
TOTAL ANNUAL INCOME
$
$
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETIJRN FOR EACH OCCUPANT WHO HAS Fn..ED AND WILL
OCcupy THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUI'ED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME Wll..L RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
Page 23 of 29
Agenda Item No. 80
June 6, 2006
Page 64 of 130
APPENDIX B. EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
NOT APPUCABLE
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City State Zip
, hereby authorize the release of information requested
It
(Applicant)
on this certification fonn.
Signature of Applicant
STATEOFFWRIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
, 2006.
(notary seal)
My Commission Expires:
Notary Public
Page 24 of 29
Agenda Item No. 80
June 6, 2006
Page 65 of 130
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weeldy):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ $
Monthly Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
. 2006.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCcupy THE
AFFORDABLE UNIT.
Page 25 of 29
Agenda Item No. 80
June 6, 2006
Page 66 of 130
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC ~ 2.06.01 please complete this fonn and submit it with any accompanying
documentation to the Community Development & Environmental Services Division. 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial
Administration and Housing Department.
All items requested must be provided.
I. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each;
UbertY Landin2 RPUD. 26.85 acres
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
-L Yes
rfyes, state date ofappIication
state the Ordinance number
No
. and if the request has been approved,
3.
Gross density of the proposed development.
6
units/acre.
Gross acreage of the proposed development 26.85 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? X Yes No.
If yes, please state name and location of the PUD and any other identifYing infonnation.
Libertv r Anding RPUD located adjacent to the West of Lake Trafford Elementary School along Lake
Trafford Road in Immokalee.
5.
Name of applicant
Habitat for Humanity of Collier County. Inc.
Name of land developer if not the same as Applicant:
6. Please complete the following tables as they apply to the proposed development.
Page 26 of 29
Agenda Item No. 80
June 6, 2006
Page 67 of 130
TABLE I
Total Number of Units in DeveloDlDent
Rental
Owner
OccuDied
Type of
Unit
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
162
Other Bedroom
TOTAL
162
TABLE n
Number of Affordable Housine: Units
Total Number of
Affordable Units
in Development
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
Owner
Rental Occupied
MODERATE INCOME
800" MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Page 27 of 29
Agenda Item No. 80
June 6, 2006
Page 68 of 130
LOW INCOME
60". MI
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low income) and by number of bedrooms. Include in your description, for example, the square
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
additional pages as Exhibit "D" if needed.
Page 28 of 29
Agenda Item No. 80
June 6, 2006
Page 69 of 130
Description of the affordable bousing units
Habitat for Humanity's dwelling units contain three bedrooms and one bathroom. Some contain
a garage or carport. The bathroom has one to two sinks, one toilet and one tub. The units have
central air conditioning and at least one ceiling fan. They are insulated. They have vinyl tile
floor coverings throughout Habitat homes have new refrigerator, stove, washer and dryer.
Blinds are standard in bedrooms and bathrooms. The units are woodframe construction with
vinyl siding.
8. Please supply any other information which would reasonably be needed to address this request for
an affordable housing density bonus for this development. Attach additional pages if needed.
Page 29 of 29
r- ----
r---- ~ . . I. 11
11 1%
----
" t3 ,. 17 .. t. 15 ,.
N
o!
..
23 2. ,. 20 21 22 23
IMMO It'" AI 1=1=
211 30 .. 28 27 28
10- ..
~ PROJECT I
1 ./ LOOATION
/~ pi C.R890 ~ 34 35
38 31 32 33 ~
LAKE
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CoR. 8044
I
LOCATION
MAP
PETITION #pUDZ- 2005- AR- 8901
Agenda Item No. 80
June 6, 2006
Page 70 of 130
VR
,.
~ RO,>J)
~
! A
A ~
LME ~
1IWRlRD
EJ.J>lENTARY
SOiOOL
i
~
i
A-MHO MPUD
ARROIOiEAD
ZONING MAP
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & lAND DEVELOPMENT REVIEW
WWW.COlLlERGOV.NET
(i)
Agenda Item No. 80
June 6, 2006
Page 71 of 130
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403~2400 FAX (239) 643-6968
.l
1-
.I
~
APPLICATION FOR PUBLIC HEARING FOR:
~ PUD REZONE (PUDZ)
o PUD TO PUD REZONE (PUDZ-A)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To he completed by staff
.1
r-uo
APPLICANT INFORMATION
NAME OF APPlICANT(S) HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
ADDRESS 11145 T AMIAMI TRAIL EAST CITY NAPLES STATE Fl ZIP 34113
TELEPHONE # (239) 775-0036 CEll #
E-MAil ADDRESS;SDURSO@HFHCOlllER.COM
FAX # [239l775-0477
NAME OF AGENT LAURA SPURGEON
ADDRESS 2350 5T ANFORD COURT
CITY NAPLES
STATE Fl
ZIP 34112
TelEPHONE # 239-434-0333 CELL #
E-MAIL ADDRESS:lSPURGEON@JOHNSONENG.COM
FAX # 239-434-9320
1--
i BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCOROINGL Y AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
.'\pp\iC:l\10n 1'0' Public H,:anng For PUD Raonc (lit 4i04
A~","JCl 1t"'"1 Nu.flO
June 6, 2QJ06
t-'age (L or '1 30
Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
ASSOCIA TIONS
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
ST A TE
ZIP
Disclosure of Interest Information
~
;..........--.~""~
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as tlte percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
b. If the property is owned by a CORPORA liON, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
Percentage of Ownership
See Attached CorDorate Records
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Na me and Address
Percentage of Ownership
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the general and/or limited partners.
Name and Address
Percentage of Ownership
AppEl;atlO\1 FelT Puh\i~ Hcarillg For PUD R~z()l1c (./14.(l-'l
e.
. U H S'd' . Agf:nCQ Ite,m No. 80
If there IS a CONTRACT FOR P RC A Er with an In IVldual or Inctivld~~,6,qz006
Corporation, Trustee, or a Partnership, list the names of the contract pij~ti~~ 130
below, induding the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contrad:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g.
Date subject property acquired 0 leased 0 Term of lease
yrs.fmos.
If, Petitioner has option to buy, indicate the following:
Date of option:
Date opiion terminates:
Anticipated closing date
, or
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit a
supplemental disclosure of interest form.
C'-
PROPERTY LOCA TlON
Detailed lel!al description of the prOller!" covered bv the application: (If space is inadequate, attach
on separate page.) If request involves change to more thon one zoning district, incllJde separate legal
description For property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' stale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal descripiion, an engineer's certification or sealed survey may be required.
Section/T ownship/Range
31
/ 465
I 29E
lot:
Block:
Subdivision:
Plat Book__ Page #:
Properly 1.0.#: 00071760007
Metes & Bounds Description: See Attachment A
:\pph.:ali<\lI 1'<\[ I'u;,!n: Ilearing.I:'lr I)U!lI\~Z,lnt: t)iI4.0~
Agenda Item No. 80
June 6, 2006
Size of nropertv: 210.15 ft. X 1882.95ft. X 111 0.45 ft. X 843.72 ft. X 902.34 ft. X 290.01 ft. ::: T~t'~~l~~ of 130
Ft. 1,169.586 sf Acres 26.85
Address/eeneral location of subject pronertv: The oroie,t site is located in the north holi oi Section 31,
Townshio 46 South. Ronoe 29 East in Collier County. The proiect entrance is along the north sjd~ of lake
Trafford Road. iust west oi Lake Trafford Elementary School. and C1poroximotely 2.25 miles west of the
intersection of lake Trafford Rood and State Rood 29.
PUD District (LDC 2.03.06): k8J Residential 0 Community Facilities
o Commercial 0 Industrial
l-
ADJACENT ZONING AND LAND USE
I
Zoning
land use
N A-MHO
S A-MHO
E A-MHO
W RSF-4IRMF-6
HiQn Residential tlmmokoleel
Low Residential (Immokoleel
Hiah Residential Ilmmokaleel
High Residential (Immokaleel
Doe6 the Owner of the subject property own property contiguous to the subject property? ~
If so. give complete legal description of entire contiguous property. (If space is inadequate, attach
on separate page).
Sedi on/Township/Range
/
I
let:
Block:
Subdivision:
Plct Book_ Page #:
Metes & Bounds Description:
Property 1.0.#:
REZONE REQUEST
This application is requesting a rezone from the A-RURAL AGRICULTURAL zoning district(s) to the RPUD
zoning district(s).
Present Use of the Property: Vacant
Proposed Use (or range of uses) of the property: Residential neiahborhood
Original PUD Name:
nla
Ordinance No.:
n/a
I
L__d
EV ALUA TION CRITERIA
'-j
Pursuant to Section 10.02.13 of tile Collier County Land Development Codel staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to fhe
Board of County Commissioners shall be based upon consideration of the applicable criteria noted below.
.-\pp~il:,lli(ln 1'01' f'ubh" I [~~nllg For Pl:D Ik.wllc (,iI4.'04
Agenda Item No. 80
Provide a narrative statement describing the rnone request with specific reference to the criteriguni!1~,c:tz006
below. Include any backup materials and documentation in support of the request. Page 75 of 130
PUD Rezone Considerations (lDC Section 10.02.13.8)
J. The suitability of the area for the type and pa"ern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other
utilities.
The designation of the [and as Low Residential on the Immokalee Future Land Use Map
demonstrates the area is suitable for the requested residential development. The subject
property's location in relation to existing or proposed community facilities and services permits
the development's residential density as required in Objective 2 of the Future Land Use
Element. The presence of schools, churches, parks, clinics, emergency services, a fjre
department, sheriff deportment facilities, shelters, water and wastewater treatment facilities
within a three-mile radius of the site demonstrate that residential development at this site will
be appropriately serviced. The proposed road and sidewalk system for the project provides
safe and convenient movement of pedestrians, motorized, and non-motorized vehicles
consistent with Objective Vl.l of the lAMP. Drainage is occommodated through the proposed
stormwater management system. Sewer and water are provided through the Immokalee
Water and Sewer District.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or
other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the county aHorney.
Habitat for Humanity of Collier County, Inc. is sole owner and has unified control of the
property.
3. ConFormity of the proposed PUD with the goals, objedives and policies of the growth
management plan.
The Statement of Compliance within the attached Liberty Landing RPUD Document
demonstrates conformity with the GMP.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
The project development is compatible and complementary to existing and future surrounding
land uses as required in Policy 5.4 ot the Future land Use Element through the internal
arrangement of structures, the placement of land use buffers, and the proposed development
standards contained herein. The proposed residential project will be consistent with the
existing adjoining development, including Lake Trafford Elementary School, Independence
residential project to the north, Arrowhead residential project to the south, and other
surrounding residential property. The Immokalee Future Land Use Map designates property to
the north, south and west as Low Residential and property to the south as Neighborhood
Center (permitted density of 12 dwelling units per acre). The proposed development will be
consistent with all these current uses and designations for future use of surrounding properties.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
The site is designed to include open spaces ond natural features, which are preserved from
future development in order to enhance their natural functions and to serve os project
App~i(il\;\lt1 1',,, Pllbh, I kann;; I'm' I'l.:{J 1I.~/"1l~ (,,'\ VJ4
amenities, consistent with Goal IV of the lAMP. The project design enhances t~~?'~~~~A~@~~'o~~
and the visual appeal of Immokolee consistent with Objective 11.2 of the lAMP. w~a~an 130
space occupying over 60% of the property, the project implements FLUE Policy 5.6.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
The site sholl be designed, permitted and developed as a single phose, with acceptance by
the County in phases through buildout in 2008.
7. The ability oFthe subject property and of surrounding areas to accommodate expansion.
Future expansion of the Liberty Landing RPUD is not scheduled, however ex.pansion would be
possible due to common zoning and land use designation of adjoining properties to the north
and east.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
The propose project conforms with PUD regulations, as justified in the considerations below.
See the attached list of exceptions requested from the lOC, which are justifiable due to the
project's size, natural systems on site to be preserved, the proiect layout and compatibility
issues with surrounding uses and safety considerations.
Rezone Considerations (Sectioll 2.7.2.5)
2.7.2.5. Nature of requirements of planning COmnllSSlOll report. When pertalnl11g to the
rezoning of land, the report and recommendations of the planning commission to the board or
county comrnissioners required in section 2.7.2.4 shall show that the planning commission has
studied and considered the proposed change in relation to the following, when applicable:
1. Whether the proposed change will be consistent with the goals, oNectives, and policies
andfwure land use map and the elements oj the gro'wth management plan.
The proposed project's consistency \vith the growth management plan is exhibited by the tact
it is located within an area designated for Low Residential development. where it is
compatible with sunounding uses and supported by the availability of adequate public
facilities.
2. The existing land use pattern.
The existing land use pattern in the vicinity is characterized by development that is compatible
with the proposed project. Designation of the site and surrounding properties as Low
Residential, Medium Residential and Neighborhood Center on the lmmokalee Future Land
Use map indicates the proposed residential development is consistent with the land use patlem
established for tl1c area.
3. The possible creation of cm isolated district unrelated to adjacent and Ilearby districts.
The proposed RPUD zoning district is not isolated and unrelated to the adjacent and nearby
districts. The northern boundary is shared with a similar residential project ([ndependence),
and just to the south of Lake Trailord Road is the approved Arrowhead MPUD.
..\ppliC<lUlltl For I'\lblk lkanng h'r PUl R~.l.OlIe 6:1 ~i(l4
Agenda Item No. 80
June 6,2006
4. Whet/ler existing district boundaries are illogical(v drawn in relation to exisling Page 77 of 130
condit iOl1s on the properly proposed for chan[?e.
Existing district boundaries provide for A - Rural Agricultural zoning for the subject site and
adjoining sites to the north, south and west. Independence immediately to the north is zoned
RSF -5( 4). Property to the cast of the site is zoned VR. The requested RPUD designation
allows for a clear delineation of the Kaicasa project among the other sites.
5. Whether changed or changing conditions make tlze passage of the proposed amefldmem
lIecessw:r.
The rczoning will ordain the most appropriate designation for the land to accommodate
affordable housing where the growth management plan calls for residential development
pattems established [or this location.
6. Wherher the proposed change will adversely influence living cOllditions ill the
neighborhood.
The proposed change is beneficial to the living conditions in the neighhorhood because the
improvement of vacant land with a viable residential area with open space and recreation will
contribute to the neighborhood.
7. Whether rhe proposed change will create or excessive~v increase traffic congestioll or
creale types oftr{~flic deemed incompatihle 'with surrounding land lIses, hecal/se of peak
volullles or projected types of vehicular traffic, il1cluding activity during COllsrrllctioll
phases of the develop/Ilelll. or otherwise affect public safer}'.
Trame is addressed in the Traffic Impact Statement included in this application. Trips
generated by the proposed residential units will not be incompatible with surrounding land
uses, and interconnection with the Independence development offers opportunities for greater
internal pedestrian and vehicular accessibility.
8. Whether the proposed change will create a drainage problem.
No drainage problems will be created as a result of the proposed rezoning. The stormwater
management plan included in this application addresses issues of drainage.
9. Whether the proposed change lvil! seriously reduce light and air 10 adjacent areas.
Setbacks, buffers, open space, and maximum building heights of35 feet assure that light and
air to adjacent areas is not affected by the proposed project.
i 0 Whether the proposed clulIlge \Vill adversely affect propert)' values in Ihe adjacent area.
Property values ill the adjacent area will benefit from the proposed residential development.
if. Whether the proposed change will he a deterrent to the improvement or development of
adjacent property in accordance "with existing regulations.
"'ppl1'~allOt1l'or PubJi, llearin[! I'm 1'\.:0 RCl.one 6/14'04
Agenda Item No. 80
June 6, 2006
Page 78 of 130
The proposed change will not deter improvement or development of adj acent properties.
12. WheTher the proposed change will constitute a grant of special privilege 10 all individual
Olvner as contrasted with the public welfare.
The proposed rezoning is consistent with the goals of the Growth Management Plan and the
lmmokalce Area Master Plan, which are adopted to guide de\.'elopment in the public's bcst
interest and \velfare.
13. Whether {here are suhstamial reaSOllS }t,!hy the property cannot be used in accordance
with exisling zol/ing.
The existing zoning is A .- Rural Agricultural zoning district. This rezone is requested to
bring the property into confomlance with the GMP's lmmokalee Area Master Plan, which
designates the site as Low Residential.
J.+. H/hether the c/range suggested is out of scale with the needs of the neighhorhood or the
COlm (1'.
The scale of the proposed development conforms to the sUlTounding neighborhood. The
proposed J 62 units on 26.85 acres provide residential character and density that is consistent
\vith the neighboring residential properties. The provision of afLordabJe housing at this
location and scale is well situated to fulfill needs of the neighborhood and the County.
J 5. fVlrether if is impossible to find other adequate sites in the coullty for the proposed use in
districts already permitting sllch use.
Limited areas exist in the County for residential uses, however this site, located \vithin the
lmmokalee's Lo\v Residential designation, is among the most adequate available sites.
16. The physical characteristics afthe property and the degree of site alteration which would
he required to make the proper(r usable/or an.',.' of the range o.fpotel/tial uses under the
proposed ::oni/lg classification.
The property is currently unused improved pasture. Basic sitc alteration 15 required to
accommodate the proposed residential neighborhood.
f 7. The impact of development all tile availahili()' of adequate puhlic facilities and services
cOllSistent with the Ic\'els of service adopted in the Collier Cmmry growth I/lClnagement
plan and as defined and implemented through the Collier COIl.Jlly Adequal!! Public
FaciJilies Ordinance [Code ch. 106. art. II}, as amended.
The proposed development will comply with the Adequate Public Facilities Ordinance and
will not compromise availability of adequate public facilities and services.
18. Such ozherfactors, standards. or criteria that the board oj county commissiollers shall
deem importallt ill tire protection of the public health, safety, alld ,ve/fare.
\pp\i.:.i\\')lll'nl' Puhli" I karing Fur PU) RezoTle />/14/04
Agenda Item No. 80
June 6,2006
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, how~iQem9rO/ 130
communities hove adopted such restrictions. You may wish to contact the civic or property owners association
in the area for which this use is being requested in order to ascertain whether or not the request is affected
by existing deed restrictions.
Previous land use petitions on the subiect property: To your knowledge, has 0 public hearing been held
on this property within the last yeer? 0 Yes I2J No
If so, what was the nature of that hearing?
NOTICE:
This opplication will be considered "open" when the determination of "sufficiency" has been made and
the application is assigned a petition processing number. The application will be considered "closed"
when the petitioner withdraws the a pplication through written notice or ceases to suooly necessary
information to continue processing or otherwise actively pursue the rezoning for a period of six (6l
months. An application deemed "closed" will not receive further processing and em application
"closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-
opened by submitting 0 new application, repayment of 011 application fees and granting of a
determination of "sufficiency", Further review of the project will be subject to the then current code.
(LDC Section 10.03.05.Q.)
i\ppll\:<lt:otl 1',,, 1",Jbh. ltem:n!; For I'\., I) I(aonc (,il.H14
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
NOT APPLICABLE
APPLICANT INFORMATION
Agenda Item No. 80
June 6, 2006
Page 80 of 130
NAME OF APPLlCANT(S) HABITAT FOR HUMANITY OF COLLIER COUNTY
ADDRESS 11145 T AMIAMI TRAil EAST CITY NAPLES S1 ATE FL ZIP 341 13
TELEPHONE # (239) 775-0036 CELL # FAX # (239) 775-0477
E-MAIL ADDRESS:SDURSO@HFHCOlLlER.COM
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
LEGAL DESCRIPTION
J
Sectio niT ownship/Range
31
/ 465
/ 29E
Lot:
Plat Book
Block:
Page #:
Subdivision:
Property 1.0.#: 00071760007
Metes & Bounds Description: See Attachment A
I TYPE OF SEW AGE UISPOSAL TO BE PROVIDED
(Check applicable system):
COUNTY UTILITY SYSTEM
a. CITY UTILITY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(GPO capacity)
e . SEPTIC SYSTEM
o
o
o
o
o
TYPE OF WATER SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
o
o
o
o
STATEMENT OF UTILITY PROVISIONS - pgge 2
Applica\101l For 1'1Ibli~ lkaring 1'01' pun Rczon~ 6!1.t'04
Agenda Item No. 80
June 6,2006
Page 81 of 130
TOTAL POPULATION TO BE SERVED:
PEAK AND AVERAGE CAllY DEMANDS:
A. WATER-PEAK AVERAGE DAILY
B. SEWER-PEAK A VERAGE DAlLY
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used os well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved sholl be provided from tests prepared and certified by 0 professional
engineer.
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement sholl
be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage
collection facilities within the project area upon completion of the construction of these facilities
in accordance with all applicable County ordinances in effect at the at time. This statement
shall also include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the issuance of building
permits by the County. If applicable, the statement shall contain sholl contain on agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or
otherwise provided for at the pre-application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, 0 statement from that
provider indicating that there is adequate capacity to serve the project sholl be provided.
i\ppli~<lti\'111;m Public Il~aring I'm I'U) Re/lme oil~iO-1
TRAFFIC IMPACT STATEMENT (TIS)
A\:/':::IIJGI It""" tqu.~o
June 6, 2 06
Page 82 of 30
A TJ5 is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as determined at the pre-application meeting. Please note the following with regard to
TIS submit1als:
MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although
based on the intensity or unique charecter of a petition, a major TIS may be required for petition of
ten acres or less.
MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include the following:
1.
Trip Generation:
(at build-out}
Annual Average Daily Traffic
Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2.
Trip Assignment;
Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS}
4. impact of the proposed use on affected major thoroughfares, including any anticipated
changes in level of service {LOS).
5. Any proposed improvements (to the site or the external right-of-way) such os providing or
eliminating on ingress/egress point, or providing t\Jrn or decellanes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only~ State how this request is consistent with the applicable policies of the Traffic
Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3/ 1.4,
4.4/ 5.1,5.2, 7.2 and 7.3.
A Major TIS shalf address aU of the items listed above (for a Minor TIS, and shall also include an
analysis of the following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
Applic>llilln I'llI' Public Hearing: I'm pun Rezone 6.i14i04
.~
,
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS
. A::lollda !lOll 1 t4u.'8D
June 6, 2 06
Page 83 of 30
The following standards shall be used in preparing 0 TIS for submittal in conjunction with 0 conditional
use or rezone petition:
~. Trip Generation: Provide the total traffic generated by the project for each link within the
proiect's Radius of Development Influence (RDI) in conformance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of Transportation
Engineers (ITE) Trip Generation Report snail be used unless documentation by the petitioner or the
County justifies the use of alternative rates.
2. Trip AssiCJnment: Provide a map depicting the assignment to the network, of those trips generated
by the proposed proiect. The assignment shall be made to all links within the RDJ. Both annual
average and peak seasonol troffic should be depicted.
3. Existinq Traffic: Provide a map depicting the current traffic conditions on all links within the RDI.
The AADT, PSDT, ond LOS shall be depicted for 011 links within the RDI.
4. level of Service (LOS): The LOS of a roadway sholl be expressed in terms of the applicable
Collier County Generalized Daily Service Volumes os set forth in the TCE of the GMP.
5. Radius of Development Influence (RO!): The TIS sholl cover the least of the following two
areas:
a) on area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the maior
thoroughfares exceeds one percent of the LOS "(".
Land Use
Distance
Residential
5 Miles or as required by DRI
Other {commercial, industrial, institutional, etc.)
o - 49,999 Sq. Ft. 2 Miles
50,000 - 99,999 Sq. Ft. 3 Miles
1 00,000 - 1 99, 999 Sq. Ft. 4 Miles
200,000 - 399,999 Sq. Ft 5 Miles
400,000 & up 5 Miles
In describing the ROI the TIS shall provide the measurement in road miles from the proposed
project rather than a geometric radivs.
6. Intersection Analvsis: An intersection analysis is required for 011 intersections within the RDI where
the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour
(VPH).
Appb:atlon For Public I \caring h,r ['I II) R~wn~ (liJ-l."U"
Agenda Item No. 80
June 6, 2006
7. Background Traffic: The effects of previously approved but undeveloped orPrmr~l~ 130
developed projects which may affect major thoroughfares within the RDI of fhe proposed
project shall be pravided. This informatian sholl be depicted on a mep ar, alternatively, in a
listing af thase projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting fram
potential development shall be provided. Patential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) end the Collier
County Land Development Code. This estimate sholl be for the projected development areas
within the projects RDI. A map or list of such lands with potential traffic impact calculations shall
be provided.
9. ThrouClh Traffic: At a minimum, increases in through traffic shall be addressed through the year
2015. The methodology used to derive the estimates shall be provided. It may be desirable to
include any additional documentation and backup data to support the estimation as well.
10. Planned/Proposed Roadway Im~rovements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
cammitments sholl also be included.
11. Project Phasing: When 0 praject phasing schedule is dependent upon propased roadway
improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts af
Cl project are mitigated through a phasing schedule, such a phasing schedule may be made a
condition of any approval.
\pp\i.:ati,,,, For ['ubb..: I karing. For F'C:I) RCLlIllC {)i 14-:04
Agenda Item No. 80
June 6. 2006
Page 85 of 30
PUD REZONE APPLICATION
SUBMITTAL REQUIREMENTS
GENERAL INSTRUCTIONS
Application information must be c1eorly printed or typed. All mote ria I must be legible and completed
in full. All requirements must be submitted as indicated below, unless otherwise determined during the
pre-application meeting.
GENERAL APPLICATION
To be completed in full.
PRE-APPLICATION MEETING NOTES
Provide copies of notes token at pre-application meeting
ADDRESSING CHECKLIST FORM
Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive,
Naples, Florida 34104. Phone (239) 403.2482/ FAX (239) 659-5724
PUD DOCUMENT
Refer to LDC Section 10.02.13 for required information
DIGITAL REQUIREMENTS
An electronic version of 011 plans and documents on (DROM as part of the submittal package.
FEES
Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier
County Boord of Commissioners.
Application Fee
~ PUO Rezone = $10,000 + $25 per acre
~ PUD to PUD Rezone = $8,000 + $25 per acre
Comprehensive Planning Consistency Review = $2/250
Legal Advertising Fees
~ BCC = $363
~ CCPC::: $729
Fire Code Review = $150
EIS Review = S 1/600
ENVIRONMENTAL IMPACT STATEMENT (EIS)
An Environmental tmpact Statement (EIS), as required by Section 10.02.02. of the land Development
Code (LOC) lor a request for waiver if appropriate.
AppliC:l\;OI1 For I'ublic I Je.lrlll!:! I'm Plm RCllltlC 6/14/04
Agenda Item No. 80
June 6, 2006
AERIAL PHOTO Page 86 of 130
Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous
twelve months), minimum scale of one inch equals 400 feet, sholl be submitted. Said aerial shall
identjfy plant and/or wildlife habitats and their boundaries. Such identification sholl be consistent with
Florida Deportment of Transportation Land Use Cover and Forms Classificetion System. Additionally,
o calculation of the aereege (or squere feet) of native vegetation on site, by aree, and 0 calculation
end location(sl of the required portion of native vegetation to be preserved (per LDC Section
3.05.07).
BOUNDARY SURVEY
Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida
registered land surveyor, showing the locetion and dimensions of 011 property lines, existing streets or
roads, easements, rights-of-way, and areas dedicated to the public.
SlIrvey shall be accompanied either by an AHorney's Opinion of Title, or by a sworn
statement from the DroDerty owner/s) stating that he or she has provided sufficient information to
the surveyor to allow the accurate depiction of the information on the survey.
HISTORICAL & ARCHAEOLOGICAL SURVEY
A historical and archeological surveyor waiver application if property is located within an area of
historical or archaeological probability (as identified at pre-application meeting)
CONCEPTUAL SITE PLAN
If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if
affordable housing, Joyce Ernst, if residential and Immokolee/Water Sewer District, jf in Immokalee)
of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a
maximum scole of 1 inch equels 400 feet, depicting the following (Additional copies of the plan may
be requested upon completion of staff evaluation for distribution to the Board and verious advisory
boards such as the Environmental Advisory Board (EAB), or CCPCli
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress end egress (including pedestrian ingress and
egress to the site and the strueture(s) on site),
· 011 existing and/or proposed parking and loading areas [include matrix indicating required
and provided parking and loading, including required parking for the disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (os well as location of existing utility services to the site),
· proposed and/or existing landscaping and buffering os may be required by the County
OWNER/AGENT AFFIDAVIT
Affidavit signed by owner authorizing agent to act os representative. Must be signed and notarized.
Appli\:atllll1 For Public HL~JriI1~ i'or PCI) R~l<m~ 6.:14.'04
Agenda Item No. 80
June 6, 2006
WARRANTY DEED Page 87 of 130
A copy of the last recorded deed, contract for sale or agreement for sole, or a notarized statement of
ownership clearly demonstrating ownership and control of the subject lot or parcel of land.
ARCHITECTURAL RENDERING
Architectural rendering of any proposed structures
TRAFFIC IMPACT STATEMENT (TIS)
Unless waived at the pre-application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer
to attached TIS stond 0 rds.
UTILITY PROVISIONS 5T A TEMENT
A copy of The Utility Provisions Statement with required attachments and sketches. Please refer to
attached form.
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
Including all Appendices and Exhibits
PERMITS
Copies of State and/or Federal permits
POSTAL SERVICE LETTER OF NO OBJECTION
Provide a copy of the letter notifying the U.S. Postal Service of the proposed project. The letter
should be addressed to:
Robert M. Skebe
U.S. Postal Service
1200 Goodlette Rood
Naples, Florida 34102-9998
NEIGHBORHOOR INFORMATIONAL MEETING (NIM)
Required per LDC Section 10.03.05.E. Please see attachment for requirements.
OTHER
Any additional requirements os may be applicable to specific conditional uses and identified during
the pre-application meeting, including but not limited to any required state or federal permits.
CONTINUANCE FEES
In accordance with Collier County Community Development ond Environmental Services Fee Schedule,
when land use petitions are continued, the following fees will apply:
Two days or less prior to meeting:::: $500
Requested at the meeting = $750
Additional required odvertising charged in addition to continuance fees
BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO
REMOVE THEIR PUBLIC HEARING SIGN (5) AFTER FINAL ACTION IS TAKEN e,r THE 80ARD OF COUNTY
COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING
ADVERTISING SIGN{S) IMMEDIATELY.
.'\prkat:,(lll h'f 1'1Ihiic IkarLl1~ For I'Ll) RCI.""~ (v'14'1~4
Agenda Item No. 80
06
Page 88 of 30
NEIGHBORHOOD INFORMATIONAL MEETING
LDC Section 10.03.05.E
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff
review and comment on the application and before the Public Hearing is scheduled with the
Planning Commission.
Written notice of the meeting shall be sent to all property owners who are required to receive
legal notification from the County pursuant to Section 10.02.1 2.C.
Notification shall also be sent to property owners, condominium and CIV'C associations whose
members are impacted by the proposed land use change and who hove formally requested the
County to be notjfied.
A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be
furnished to the Zoning Deportment and the Office of the Board of County Commissioners no less
than ten (10) do ys prior to the scheduled dote of the NIM.
The applicant must make arrangements for the location of the meeting. The location must be
reasonably convenient to those property owners who are required to receive notice and the
facilities must be of sufficient size to accommodate expected attendance.
The applicant must place an advertisement of the meeting in that portion of the newspaper where
legal notices and classified advertisements appear stating the purpose, location, time of the
meeting and legible site location map of the property for which the zoning change is being
requested. The display advertisement must be one-fourth page, in type no smaller than 12 point
and must be placed within a newspaper of general circulation in the County at least seven (7)
days prior to, but no sooner than five (5) days before, the NIM.
The Collier County staff planner assigned to the project must attend the NIM and shall serve as the
facilitator of the meeting; however, the applicant is expected to make a presentation of how it
intends to develop the subject property.
The applicant is required to audio or video tape the proceedings of the meeting and provide a
copy to the Zoning Deportment.
As 0 result of mandated meetings with the public, any commitments mode by the applicant shall be
reduced to writing and made a part of the record of the proceedings provided to the Zoning
Department. These written commitments will be made a part of the stoff report of the County's
review and approval bodies and made a part of the consideration for inclusion in the conditions of
approval.
Applic<lllon For Puhlic H~ari"g For PUll [{~zonc b!l4ill4
Agenda Item No. 80
Illno i=: ?( 06
Page 89 of 30
SUBMITTAL SUFFICIENCY CHECKLIST
PUD REZONE or PUD TO PUD REZONE
No. of eODies
~ 24*
~24*
~ 24*
~1
~24
~1
I2J 2*
~ 1*
~4
~5"
04
~7
04
04
~4
04
[2]4
lS11
nl
lZJ2
lS1
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET
Check here if not reCluired
Completed Application 0
Pre-Application Meeting Notes 0
Legible Conceptual Site Plan 24" X 36" 0
Conceptual Site Plan 8 V:z" X 11" 0
PUD Document and Master Plan 0
24" x 36" Master Plan 0
Warranty Deed or Contract for Sale 0
Owner/Agent Affidovit, signed & notarized 0
Environmental Impact Statement or waiver 0
Aerial Photos with Habitat Areas Identified 0
Utility Provisions Statement with Sketches 0
Traffic Impact Statement or waiver 0
Historical Surveyor waiver 0
Architedural Rendering of Proposed Structures 0
Boundary Survey, no more than 6 months 0Id(24" x36") 0
Copies of State and/or Federal Permits 0
Affordable Housing Density Bonus Agreement, if applicable 0
Electronic Copy of PUD Document & Plans 0
Copy of Letter notifying the U.S. Postal Service of project D
Addressing Checklist
Required Fees
* Olll! additional cop)' required if for Affordable HOlUillg
As the authorized agent/applicant for this petition, I attest that all of the information indicated on
this checklist is included in this submittal package. 1 understand that failure to include all
ncccssa,r)' submittal information may result in the deJa)' of processing this petition.
..~<. (~ '.;.. ."j!;Y ": i,'. \.
Agent/Applicant ffigllatur~ j
\~\\lo\DS
Date \
;\pplicatilm Fn,. I'uhli~ J karing t'or PUll K.ezollc 6: 14,(J4
Attachment A
Agenda Item No. 80
June 6, 2006
Page 90 of 130
LIBERTY LANDING RPUD
DESCRIPTION;
The subject property, bein~ 26.85::: acres, is described as:
A PARCEL OF LA~D LOCATED IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLI.IER COUNTY, FLORIDA AND BEING J\.tORE PARTICULARL Y
DESCRIBED AS FOL1.O\\'S:
COl\:fMENCE ON THE NORTH RIGHT-OF-'''AY LINE OF LAKE TRAFFORD ROAD
(COUNTY ROAD NO. 850) AT THE SOUTHEAST CORNER OF lflNDEPENDENCE
PHASE ONE", A SUBDIVISION OF PART OF SECTION 31, TO'VNSHIP 46 SOUTH,
RA~GF: 29 EAST, COLLIER COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 41,
PAGE 44 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY AND RUN SOUTH
87%%043'20" EAST ALONG SAID NORTH RIGHT-OF-\VAY LINE, A DISTANCE OF
550.08 FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THE
PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2800, PAGE 315 OF SAID
PVBLlC RECORDS; THENCE RUN NORTH 00%IYoD34'16" WEST ALONG THE EAST
LINE OF SAID PROPERTY, A DISTANCE OF 1882.95 FEET TO AN INTERSECTION
'''ITH THE SOUTH LINE OF "INDEPENDENCE PHASE TWO", A SUBDIVISION
RECORDED IN PLAT BOOK 43, PAGE 64 OF SAID PUBLIC RECORDS; THENCE RUN
SOUTH 85%%010'10" EAST ALONG SAID SOUTH LINE AND THE EASTERLY
PROJECTION OF SAID SOUTH LINE, A DISTANCE OF 1110.45 FEET TO A POINT O!';
THE \VEST LINE OF THE EAST 30 FEET OF THE NORTH\VEST QUARTER OF SAID
SECTION 31: THENCE RU~ SOVTH OO%%D55'13lt EAST ALONG SAID WEST LINE OF
TilE EAST 30 FEET AS DESCRIBED IN OFFICIAL RECORDS BOOK 264, PAGE 451 OF
SAID PUBLIC RECORDS, A DISTANCE OF 843.72 FEET TO AN INTERSECTIO~ 'VITH
THE EASTERLY PROJECTION OF THE NORTH LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 217, PAGE 925 OF SAID PUBLIC
RECORDS; THENCE RUN NORTH 87%%D43'20lt WEST ALONG SAID EASTERLY
PROJECTION AND ALONG SAID NORTH LINE, A DISTANCE OF 902.34 FEET TO THE
NORTH\VEST CORNER OF SAID PROPERTY; THENCE RUN SOUTH 00%%D35150"
EAST ALONG THE WEST LINE OF SAID PROPERTY, A DISTANCE OF 990.01 FEET TO
AN INTERSECTION \VITH SAID NORTH RIGHT-OF-\V A Y LINE OF LAKE TRAFFORD
ROAD (COUNTY ROAD NO. 850); THENCE RUN NORTH 87%%043'20" '''EST ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 210.15 FEET TO THE SAID
POINT Of' BEGINNI:"oIG.
CONTAINING 1,169,550.39 SQUARE FEET OR 26.85 ACRES OF LAND, MORE OR LESS.
J\pr~iC~\1011 F"ll'ubh.: 11":lrll1g For I'l;[) R~AIl1~ 6.:1..:(1.1
ltlpr.il/(lf)eparlnumf:of Sllf~,~~11 of CQrffQ.raliol1s
(~~. t r t ~ '; . r ~ ~ t! ~J ! t~;t it ~r; ! 1 ~l
i~~'i~l}l~i:.(lrR ',~...~ I,ilq.~
Florida Non Profit
Agenda Item No. 80
June 6, 2006
Page 91 of 130
HABITAT FOR Ht;MAl~ITY OF COLLIER COUNTY, INC.
PRINCIPAL ADDRESS
11145 TAMIAMI TRA.L EAST
NAPLES FL 34113 US
Changed 03/09/2005
MAILING ADDRESS
11145 T AMIAMI TRAL EAST
NAPLES FL 34113 US
Changed 03/09/2005
Document l"umber
742136
FEI Number
591834379
State
FL
Status
ACTIVE
Last Event
AVlEJ\DME~T
Event Date Filed
11/05/191)9
Registered Agent
Name & Address
Dl :RSO. SA\1lTI. DR.
H~II'ARTRlI)(if'.l'Ol'ln
\1i\RCO ISLA"D H 3..1..5
'\ame Changed: 03 :()'),'2()1)5
Address lllaI1gCtl: OY06.'2000
Date Filed
03/20/1978
Effective Date
;-JO;-JE
Event Effective Uatc
NO~E
Officer/Director Detail
Name & Address
DLRSO. SA\'Il:n.
~'11 f'!\j{'j lUU(i]-: ("()lRT
~.jARCO ISlA:'-.U FL J4J45
\1.'\1\:10'. PETER
222 I3A Y ?O!]I;i
\' APLES Fl. 3410:1
111\\1\10\:I), /lOll
3HW(i1WTO:,\ ('O(:Rr
:\AI'IES I'L 34112
\.lAI~Y A\::'\. DL:RSO
H'I t I'ORTRIIlGE COlK/"
\l,\R{() IS!..."D Fl. )4145
REED. !'IIIL
480 l'ALO V!:RD!: DRIVE
\:APLES FL 34119
Annual Reports
Report Y car
Filed Date
200]
20U4
IJH112003
OJ ,2\J'2()(l-l
zoos
OJ'O'li2005
Previou! Filing
Return to Li~t
View Events
View Name History
Title
PD
VI'I)
s
VI'
T
Next Filing
Document Images
Listed below are the images available for this tiling.
C)),092005 -. A:'-I~CAL REPORT
01/20'2004 -. !\~N IS.tl'{':N1F()~J~U?U$._.HEP
05/022003 -- A~~ REP/UNIFORM BUS REP
02/04;2002 -- A\I\lJ\t:P/l)1\[H)RM HCS REI'
Agenda Item No. 80
June 6, 2006
Page 92 of 130
Agenda Item No. 8D
June 6, 2006
Page 93 of 130
02/06/2001 -- ANN REP/l:NIFOR1l.1 nus REP
03/06/2000 -- ANN REP/Cl\IPORM BUS REP
11 /05/ 199~. ~: Amendment
03/11/1999 -- A:-.l:-JUAL REPORT
02/04/1998 -- ANNUAL REPORT
11/26/1997 -- Name Chan\!t
01/3 Ji1997 -- ANNUA L REPORT
OL24L129Ji. -- 1996 ANNUAl. REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR
CONFI.ICT
TRAFFIC IMPACT STUDY
LIBERTY LANDING
Prepared for:
Habitat for Humanity
Prepared by:
Johnson Engineering, Inc.
March 2006
1
Agenda Item No. 80
June 6, 2006
Page 94 of 130
Agenda Item No. 80
June 6, 2006
Page 95 of 130
Table of Contents
I. Introduction and Summary...................... ................................................. .......... ....................... ........ 3
A. Purpose of report and study objectives .......................................................................................... 3
B. Executive summary ................................ ............................... ......................................... ................. 3
1. Site location and study area: ........................................................................................................ 3
2. Principal findings:............. ................... ........... ............ ................. ...... ..................... .......... ........... 3
3. Conclusions and recommendations.... ..................... ......................... .... ....... ............................... 3
II. Proposed Development.... .... ................. .................... .... .............................. ............... ........................ 4
Figure 1: Master Site Plan............................ ....................................................... ............. ........ ..... ..... 4
Ill. Area Conditions ........ ......... ..... ..... .......................... ............... ............. .................... ...... .......... ......... 5
Figure 2: Land Use.......... ......................... ........ ....... .................................................. ......................... 5
IV. Projected Traffic............ ........ .................... ..... ......................... .......... ...... ...... ......... ...... .......... ........ 6
A. Site traffic (2008 horizon year)................................................................................ ......................... 6
Table 1 .............................................................. ................................ ..................................... ...... ....... 6
Trip Generation Summary ............................. .......... ...................... ....... .......... ...... ......... ....... ......... ..... 6
Table 2 ................................................................................................................................................ 6
Trip Assignment................. ..... .......................... ............. .................................. ...... ....... ...................... 6
B. N on-site traffic (2008 horizon year) ................................................................................................. 7
Table 3 .............................................................................................................................. .................. 7
Projected Volumes........................................ .................. ................................................... ..... ............. 7
Total Traffic Volumes......... ...... ........................................... .................... ...................... .... ...... ............ 7
V. Analysis .... ............ ...... .......... ........ ..................................... ............ ........ ............ ........... ................... 8
A. Site access: ...................... ........................................................... ...................... ........... ..................... 8
B. Capacity and level of service: ........................................................................................................... 8
C. Traffic safety: .. .................. ....... .............................. ................ ......... ......... ........ .......... ............. ......... 8
D. Traffic control:.... ..... ......... .......................... ............ ...................... ............. ........ ............... ............... 8
VI. Improvement Analysis................. ................................................... ............ ..... .... ....... ........... ......... 9
VII. Conclusion.... .... ............ ...................................... .......................... ......................... ..... .......... .......... 9
Appendix A.......... ................... .......................... ............. ........... ............ .................. ..... ....... .... ........... ....... 10
HCS ANALySIS....... ..... .................................................................. ........ .......... ........... ........ ................ 10
Appendix B.... ..... ... ..... .......... ..... ...... ..... ....... .... ..... .... ..... ... ....... ... ....... ... ..... ... .......... ..... ........... ... ...... ..... .... 15
Project Traffic Distribution.............................................. ...................... ..................... ............... .......... .... 15
I certify that this TRAFFIC IMPACT STUDY has been
prepared by me or under my immediate supen1sion and that
I have e.\perience and training in the field of traHic and
transportation engineering.
CHRISTOPHER O. HAGAN, P.E.
STATE OF FLORIDA
Professional Engineer Registration No. 38649
DATE: 03/24/2006
JOHNSON ENGINEERING, INC.
2350 Stanford Court
Naples FL 34112
EB #0000642
2
Agenda Item No. 80
June 6, 2006
Page 96 of 130
1 Introduction and Summary
A. Purpose of report and study objectives
This report was generated to ascertain the traffic impacts associated with the proposed
development and to address the concurrency and consistency requirements of Collier
County's Land development Code and Growth Management Plan.
B. Executive summary
1. Site location and study area:
The proposed project is located within Township 46 South, Range 29 East, Section
31 of Collier County Florida. The physical property is currently vacant land
fronting Lake Trafford Road in lmmokalee Florida. The project site is proposed for
residential use with a total of 162 multi-family dwelling units.
2. Principal findings:
None of the impacted roadway segments or intersections is currently operating or is
projected to operate at an unacceptable level of service within the present five-year
planning period.
3. Conclusions and recommendations
Traffic impacts of the proposed project can be accommodated within the
transportation network without offsite improvement. Level of service analysis
demonstrates the availability of roadway capacity presently and at the project's
build-out horizon year. The proposed project will not impact any Collier County
Concurrency Segments that is currently operating or is projected to operate at an
unacceptable level of service within the projected five-year planning period.
Therefore, this project is consistent with the County's Growth Management Plan,
Transportation Element and Policy 5.1.
3
Agenda Item No. 80
June 6, 2006
Page 97 of 130
11. Proposed Development
The proposed project is located within Township 46 South, Range 29 East, Section 31 of Collier
County Florida. The physical property is currently vacant land fronting Lake Trafford Road in
lmmokalee Florida. This study was prepared to evaluate traffic impacts associated with rezoning
the existing land use from Agricultural to a residential Planned Unit Development consistent with
Collier County's Growth Management plan. A total of 162 multi-family dwelling units are
proposed and used as the primary variable for this study. The project build-out is proposed for
2008 with a single phase development schedule. Access to the site will be from Lake Trafford Road
with the appropriate design features to accommodate a safe driveway connection. The following is
the master plan for the proposed development:
~F-5@)
INDEPENDENCE
CD
~
~
>i
UJ
..
g
...
(~... ~,,"~~~~I
I ~__ _ _ -_ Jtl__-_ _ ~.
I ~ ( ------- ----',
:- I I -"'I \
I \ I I
I \', 1 I
R I : R I :
I LAKE 1
1 I 1 I
I I I \
\ I I I
: \. - - - _~ - - - - - "I /
1 I -__ /
~_/ ".-1 ----------/
! I /~i J _ .J' R PRESERVE
'I I --
I l-
I
I I
I
I I I
I I I
I .......Il..: IX PEDESTRIAN ACCESS TO
, I --,.', LAKE TRAFF~
I I ELEMeNT ARV SC><OOl
L I R !
I :
! I
I I
I 1
I I
! I
! I
! I LAKE
I .
L I " / i'O.B~~;b.~ '"0.
POTEN11Al
INTERCONNECT
10' j'l"p[ "",-
BUFFER
~ 1O'B~iR'A~
I
I
I
.0' )vP( -0-
I:RIH1R
CD
I
15' r'!'P[ "'tr J
61.wrtR
I NEIGHBORHOOD CENTER
N
~
+
,
10' 1'l'V( .()
6\...<rFTR
UKE TRAFFORD
ELE.MENTARY SCHOOl
~L!'X' 7r
~Lf. j" .. 100'
t~' "!YPE "8.
B'....iF'FtP
CD
PROJECT LANO use
ItfSO"NTW"')
.-.
"""""'"
~
"'~loCl
..,'-<>
(l7U.t,
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UPtAVlOU$ NCI.
~OPUlilPAa:~l
tUA.C..
,li.'"ACo
'62 UNlTSQ6.as. AC .. {, UNTTS PER ACRE
. LAKE "!lW'FORD ROAD
Figure 1: Master Site Plan
4
Agenda Item No. 80
June 6, 2006
Page 98 of 130
III. Area Conditions
The land use characteristics surrounding the subject site consists of an expanding rural residential
community with commercial and industrial supporting uses.
The project study area limits was determined based on the 3%, 3%, 5% rule in accordance to
Collier County's TIS Guidelines and Procedures. The study boundary was then checked for
existing land use and recently rezoned land uses to determine a reasonable traffic growth rate for
the area. The following is the current subject site as per Collier County Property Appraiser
Website:
fo'-MC_
~.ca~
.-'!ilIl'fI 2QOAj {6.net: u~nl
A@.1W!i ?OCl3 l1 ""oM~1
olio Number: 00071760007
Nome: BI\~RON COLLI::"
INVESTMEI>TS L TD
Stree", & Nome: NO SITE o\DDRESS
Legol Description: 31 4629 COMM
Nl14 CNR N 64 DEG Vi 6"OFT. S
664.6FT, N B7 DEG W 479BFT. S
1882 76FT. =L Y 200=1' ALG SR 850,
NLY
It, 2C04. Caher CoOJ1'l'Y Praoert:.' ..:..ooraiser V.'l'liie the CoIli-ef County Property Appmtser is eommllted to providing the mos1 acc.JrAte- and ijD-to.Oate InfDl"fratoo, no wa!"Ta"1t\es. excff'Ssed or rrr.::Ued ore provioed
~tt1e (lab herem, it$ U!le. or ~ tMer:;lfe!Btlon.
Figure 2: Land Use
The existing zoning of the subject parcel is Agricultural with no recent land use activities. Future
surrounding developments such as Arrowhead at Lake Trafford, to the south of this project, and
Independence to the north have been considered and evaluated for traffic growth pattern
determinations.
The area roadways consist of two-lane undivided rural collector and arterial roadways with a typical
rural cross section. Lake Trafford Road is programmed for future improvements to include 4 foot
paved shoulders as a requirement of the Arrowhead Development and once constructed will
improve overall roadway performance and operations. Collier County CAT system currently
operates a transit route from Naples to Immokalee improving the area wide vehicular miles
traveled and providing alternative transportation modes.
5
Agenda Item No. 80
June 6, 2006
Page 99 of 130
IV. Proiected Traffic
A Site traffic (2008 horizon year)
The Institute of Transportation Engineers Trip Generation, 7'b Edition, was utilized to
estimate the number of trips generated by the proposed development. The study
parameters included land use 230, the number of dwelling units as the independent
variable of choice and Weekday, peak Hour of Adjacent Street Traffic, AM & PM, as the
dependent variables.
Trip generation fitted curve equations:
Weekday
AM Peak
PM Peak
Ln(T) = 0.85 Ln(X) + 2.55
Ln(T) = 0.80 Ln(X) + 0.26
Ln(T) = 0.82 Ln(X) + 0.32
ITE
Code
Land Type
Table 1
Trip Generation Summary
Trip
# Independent Rate
Units Variable Per
Unit
Directional
Distribution
Trip
Generation
., IN
0.50
0.17
0.67
"OUT
0.50
0,83
0.33
,:' IN'
484
13
60
OUT
484
63
29
The trips were distributed on adjacent County Roadways as agreed to by County
Transportation Staff (see approved methodology checklist) and also based on count station
information and previously approved traffic impact studies for developments in the vicinity
of the proposed project. The following is a tabulation of project traffic assignment in peak
hour peak direction on the County's Concurrency Segments.
SEGMENT ROADWAY FROMITO PM PEAK HOUR SERVICE % SERVICE
NUMBER NAME (SEGMENT) DIRECTION PROJECT TRIPS VOLUME VOLUME
47 Lake West of 8R Westbound 60 875 6.86
Trafford Rd. 29 to 8R 29
85 8R 29 N. 15m 81. Northbound 45 875 5.14
to CR 29A
84 SR 29 CR 29A to Westbound 40 1860 2.17
N 15th 81.
Table 2
Trip Assignment
6
Agenda Item No. 80
June 6, 2006
Page 1 00 of 130
B. Non-site traffic (2008 horizon year)
Traffic growth leading up to the horizon year was determined by utilizing the annual traffic
counts taken at stations within the impacted area and projecting a best fit linear trend to
estimate project built-out traffic volumes. A current copy of the concurrency segment table
was obtained from Collier County Transportation Staff in order to evaluate and determine
horizon year non-site traffic. Traffic count station #551, Lake Trafford Road, #663, SR 29
North, and #683, SR 29 South showed a growth rate of 2.3%,9.8% and 3.56%
respectively. The following are tables of the projected peak hour peak direction traffic
volumes with and without the proposed project:
SEGMENT ROADWA Y FROMITO PM PEAK HOUR SERVICE % SERVICE
PROJECTED VOLUME
NUMBER NAME (SEGMENT) DIRECTION TRIPS VOLUME (V/C)
47 Lake West of SR Westbound 375 875 42.85%
Trafford Rd. 29 to SR 29
85 SR29 N. 15m St. Northbound 367 875 41.94%
to CR 29A
84 SR29 CR 29A to Westbound 896 1860 48.17%
N 15th St.
Table 3
Projected Volumes
(Without Project)
SEGMENT ROADWAY FROMITO PM PEAK HOUR SERVICE % SERVICE
VOLUME
NUMBER NAME (SEGMENT) DIRECTION TOTAL TRIPS VOLUME (V/C)
47 Lake West of SR Westbound 435 875 49.71%
Trafford Rd. 29 to SR 29
85 SR29 N. 15m St. Northbound 412 875 47.08%
to CR 29A
84 SR29 CR 29A to Westbound 936 1860 50.32%
N 15th St.
Table 4
Total Traffic Volumes
(With Project)
Table 4 illustrates that none of the analyzed and impacted concurrency segments will
operate above 50.32% of the adopted level of service volume.
7
Agenda Item No. 80
June 6, 2006
Page 101 of 130
V. Analvsis
A. Site access:
The project's roadway access is proposed to be from a single access point onto Lake
Trafford Road approximately 2 miles west of the intersection with SR 29. Lake Trafford
Road is a 2-lane undivided rural collector running East-West and dead ends at Lake
Trafford where a County Park, recreational facilities and boat slips are located. Driveway
connections on both sides of Lake Trafford Road are common and seem to meet Collier
County's driveway separation standards. Immediately to the East of the proposed driveway
connection is Lake Trafford Elementary School with four existing driveway connections.
The location of the proposed project driveway is approximately 135 feet from the most
westerly school driveway. This may require driveway location adjustment to accommodate a
minimum length right turn lane into the project. For any right and/or left turn lane
design, FDOT standard index 301 and 526 must be used in accordance with Collier
County Right-of-Way handbook, 03-37, and may be required at site development review
stage.
B. Capacity and level of service:
As demonstrated in Tables 2 and 4 of this report and in accordance with Collier County
Concurrency Management rules, future roadway conditions will accommodate the
proposed project traffic. The following intersections where evaluated to determine level of
service impacts:
Lake Trafford at Carson Road, 10.7 see. Intersection delay, LOS B
SR 29 at Lake Trafford Road, 20.9 see. Intersection delay, LOS C
Both intersections are projected to operate at an acceptable level of service in accordance
with the projected volumes and the Highway Capacity Manual methodology.
C. T raftic safety:
The proposed project will not create a traffic safety concern based on the projected
operating level of service conditions within the area of influence. Driveway connection
design standards will insure a safe driveway connection operation.
D. Traffic control:
A single Stop Control driveway "T' connection is recommended. The project driveway will
be designed with an appropriate throat distance to accommodate safe traffic circulation
and parking.
8
Agenda Item No. 80
June 6, 2006
Page 102 of 130
VI. Improvement Analvsis
The arterial and collector level of service analysis of this report demonstrates the availability of
capacity to accommodate both the project and background (non-site) traffic at the proposed
horizon year with no improvement necessary. However, site related improvements may be required
for safe ingress and egress to the project, in particular, a westbound right turn lane on Lake
Trafford Road into the project.
VII. Conclusion
Traffic impacts of proposed development can be accommodated within the impacted
transportation network and at the proposed build-out year without offsite improvement.
The proposed project will not impact any Collier County Concurrency Segments that is currently
operating or is projected to operate at an unacceptable level of service within the projected five-year
planning period. Therefore, this project is consistent with the County's Growth Management
Plan, Transportation Element and Policy 5.1.
9
Appendix A
HCS ANALYSIS
2008 AM/PM PEAK HOUR
, WITH PROJECT
10
Agenda Item No. 80
June 6, 2006
Page 103 of 130
Agenda Item No. 80
June 6, 2006
Page 104 of 130
SHORT REPORT
General Information lSite Information
A.nalyst ASE ntersedion Lake Trafford & Carson
A.gency or Co. Johnson Engineering, Inc. ~rea Type All other areas
Date Performed 11/29/20.0.5 ~urisdiction Colfier County
ime Period AM Peak 20.0.8 With Project ~nalysis Year 2008
Volume and Timlna InDut
EB WB NB SB
LT TH RT LT TH RT LT TH RT LT TH RT
Num. of Lanes 1 1 a 1 1 a a 1 0 1 1 a
,,-ane group L TR L TR LTR L TR
!Volume (vph) 115 637 8 20. 352 90. 8 25 sa 10.5 20. 100.
% Heavy lIeh 0 0 a 0 0 0 a 0 0 0 0 0
PHF 0.90. 0.90 0.90 0.90 0.90. 0.90. 0.90 0..90. 0..90. 0..90. 0..90. 0..90.
ctueted (PIA) p P P P P P P P P P P P
tartuo lost time 2.0. 2.0. 2.0. 2.0 2.0. 2.0 2.0
xi. efr. green 2.0 20. 2.0. 2.0. 2.0. 2.0. 20.
rrival tvoe 3 3 3 3 3 3 3
lunit Extension 3D 3D 3.0. 3.0. 3D 3.0. 3.0.
lPed/BikelRTOR Volume 0. 0. 0. 0. a 0. 0. a
,,-ane Width 12.0 12.0. 12.0. 12.0. 12.0. 12.0. 12.0.
lParki ng/GradelParki ng N 0 N N a N N 0. N N 0 N
Parking/hr
8us stops/hr 0 a a 0 0 0. 0
Unit Extension 3.0. 3.0. 3.0 3.0 3.0 3.0 3.0
~haslOa EW Perm 02 03 04 NS Perm 06 07 08
Timing G = 38.0 G= G= G= G = 10..0. G= G= G=
y:: 4 y= y= y= Y = 4 y= Y= Y=
Duration of Analvsis (hrs) = 0..25 Cvcle Lenath C :: 56.0
Lane GrouD CaDacitv, Control Delav, and LOS Determination
EB WB NB S8
!Adj, flow rate 128 717 22 491 93 117 133
Il..sne group cap. 579 1287 40.1 1250. 30.2 250. 297
Iv/c ratio 0..22 0.56 0.05 0..39 0.,31 0.47 0..45
Green ratio 0..68 0.68 0.68 0.68 0..18 0.18 a. 18
Unif. delay d 1 3.4 4,7 3.0. 3.9 200 20.,6 20..5
Delay factor k aso 0..50. a.so 0.50. 0..50 0.50. 0.50
Increm. delay d2 0.9 1.7 0.3 0.9 26 6.2 48
PF factor 1. 00.0 10.0.0. 1.00.0. 1.00.0. 100.0 1.0.0.0. 1.0.0.0.
Control delay 4.3 6.4 3.3 4.9 226 26,8 254
ane group LOS A A A A C C C
lApprch. delay 6.1 4.8 22.6 26.0
Approach LOS A A C C
intersec. delay 9.5 Intersection LOS A
i f(~'.~"O(l\'jrM
COp'nghl " ]!II~I Ull""NI~ MAll,wa. .\11 f(.g]u:>R""",,,,d
VCNOII -I. If
11
Agenda Item No. 80
June 6, 2006
Page 105 of 130
SHORT REPORT
General Information lSite Information
Analyst ASE b ntersedion Lake Trafford & Carson
~gency or Co. Johnson Engineering, Inc. lA-rea Type All other areas
Date Performed 11/29/2005 lJurisdiction Collier County
ime Period PM Peak 2008 With Project lA-nalysis Year 2008
Volume and TImina Incut
EB WB NB SB
LT TH RT LT TH RT LT TH RT LT TH RT
Num. of Lanes 1 1 0 1 1 0 0 1 0 1 1 0
!L.ane group L TR L TR LTR L TR
IVolume (vph) 95 481 13 80 624 220 8 50 65 195 50 120
% Heaw veh 0 0 0 0 0 0 0 0 0 0 0 0
PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90
A.ctuated (PIA) p P P P P P P P P P P P
Startup lost time 2.0 2.0 2.0 2.0 2.0 2.0 2.0
Ext. eft green 2.0 2.0 20 2.0 2.0 2.0 2.0
A.rrival type 3 3 3 3 3 3 3
Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0
PedfBikelRTOR Volume 0 0 0 0 0 0 0 0
Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0
Parking/G rade/P arking N 0 N N 0 N N 0 N N 0 N
Parkingfhr
Bus stops/hr 0 0 0 0 0 0 0
Unit Extension 3.0 3.0 3.0 30 3.0 3.0 3.0
Phasina EW Perm 02 03 04 NS Perm 06 07 08
iming G= 357 G= G= G= G = 12.3 G= G= G=
y = 4 y= y= y= y = 4 y= Y= y=
Duration of Analvsis (hrs = 0.25 levcle Lenath C = 56.0
Lane Group Capacity, Control Delav, and LOS Determination
ES 'INS NB SB
~dj. flow rate 106 548 89 937 137 217 189
Lane group cap. 191 1207 480 1164 379 285 373
Iv/e ratio 0.55 0.45 0.19 0,80 0.36 0.76 0.51
Green ratio 0.64 0.64 0.64 064 0.22 0.22 0.22
Unif. delay d 1 5.7 52 42 7.6 185 20.5 19.2
Delay factor k 0.50 0.50 0.50 0.50 0.50 0.50 0.50
lncrem. delay d2 11.1 1.2 0.9 60 2.7 17.4 4.9
PF factor 1.000 1.000 1.000 1.000 1000 1. 000 1.000
!control delay 16.8 6,4 5.0 13.5 21,2 37.8 24.0
II-ane group LOS 8 A A B C 0 C
IApprch. delay 8.1 12.8 21.2 31.4
!Approach LOS A B C C
Intersec. delay 15.3 Intersection LOS B
IfC';:m~11 M
Cop' ngl" " ~,"IH li t1t\ (;l1>lr~ of Ronda. All RJgJlb Rcs.:IWd
V"l"SIOll 4.11
12
Agenda Item No. 80
June 6, 2006
Page 106 of 130
SHORT REPORT
General Information Site Information
[Analyst ASE ntersection Lake Trafford & SR 29
[Agency or Co. Johnson Engineering, Inc. Area Type All other areas
bate Performed 11/29/2005 Jurisdiction Collier County
[rime Period AM Peak 2008 With Project Analysis Year 2008
Volume and T1mlna InDut
EB we NB SB
LT TH RT LT TH RT LT TH RT LT TH RT
Num. of Lanes a 1 1 0 1 a 1 1 a 1 1 a
ane group LT R LTR L TR L TR
Volume (vph) 10.6 98 422 10. 73 10. 255 145 20. 10 215 62
% Heavv veh a 0. a a a 0 a 2 0. 0 2 a
::lHF 0..90. 0..90. 0..90. 0.90. 0..90. 0..90 0..90. 0..90 0.90. 0..90. 0..90. 0.90.
/\ctuated (PIA) P P P P P P P P P P P P
startup lost time 2.0. 2.0. 2.0 2.0. 2.0. 2.0. 2.0.
Ext. eff. green 2.0. 2.0. 2.0. 2.0. 2.0. 2.0. 2.0.
~rrival type 3 3 3 3 3 3 3
!unit Extension 3.0. 3.0. 3.0. 3.0. 3.0. 3.0. 3.0.
PedIBike/RTOR Volume 0. 0. 0. a a a 0. a
Lane Width 12.0. 12.0. 12.0. 12.0. 12.0. 12.0. 12.0.
Parking/G radelParking N 0. N N 0. N N 0. N N 0. N
Parkinglhr
Bus stops/hr 0. a 0. 0. 0. 0. a
Unit Extension 3.0. 3.0. 3.0. 3.0. 3.0. 3.0. 3.0.
Phasino EW Perm 02 03 04 Exd, Left NB Onlv Thru & RT 08
[riming G = 32. a G= G= G= G= 6.0 G = 10..0. G = 26.0. G=
Y = 4 Y- y= y= Y = 4 Y = 4 Y = 4 y=
Duration ot Analvsis (hrs = 0..25 Cvcle Lenoth C = 90..0.
Lane Group Capaci v. Control Delav, and LOS Determination
EB VVB NB SB
Adj. flow rate 227 469 10.3 283 183 11 30.8
ane group cap. 539 574 645 40.1 815 120. 522
vIe ratio 0..42 0..82 0..16 0..71 0..22 0.,09 0..59
Green ratio 0.36 0..36 0.36 0.22 0..44 0.0.7 0..29
Unit. delay d1 22.0. 26.3 19.8 323 15,4 39.4 27,4
Delay factor k 0.50 0..50. 0..50 0.,50 0..50 0.50. 0..50
Increm. delay d2 2.4 12.2 0..5 10..0. 0..6 1.5 4.8
PF factor 1.00.0. 1.0.00 1.000. 1.000. 1.0.00 1.000. 1.000
Control delay 24.4 38.5 20.3 42.3 16,1 40..9 32.3
IL.ane group LOS C D C D B D C
Apprch. delay 33.9 20..3 32.0. 32.6
Approach LOS C C C C
Intersec. delay 32.2 Intersection LOS C
f(<XJlmUIM
('o~l1~hl (" ;>lll~~Ul\"el'>il) ofF1onda. ....11 RigJlbcReser,cd
Vcm(lIl~.H
13
Agenda Item No. 80
June 6,2006
Page 107 of 130
SHORT REPORT
General Information Site Information
Analyst ASE ntersection Lake Trafford & SR 29
Agency or Co. Johnson Engineering, Inc. ~rea Type All other areas
Date Performed 11/29/20.0.5 Wurisdiction Comer County
Time Period PM Peak 20.0.8 \iVith Project ~nalysis Year 200.8
Volume and Tlmina InDut
EB WB NB SB
LT TH RT LT TH RT LT TH RT LT TH RT
Num. of Lanes a 1 1 0. 1 0 1 1 a 1 1 a
Lane group LT R LTR L TR L TR
Volume (vph) 28 67 257 25 113 80. 323 635 3D 55 665 33
% Heavy veh a a a a a 0 a 2 0 0. 2 a
PHF 0.90 0.90 0.90. 0.90 0..90. 0..90 0.90 0.90 0..90 0.90 0..90. 0..90.
Actuated (PIA) P P P P P P P P P P P P
Startup lost time 2.0. 2.0. 2.0. 2.0. 2.0. 20. 2.0.
Ext eff. green 2.0. 2.0. 2.0. 20. 20. 20. 20.
Arrival type 3 3 3 3 3 3 3
Unit Extension 3.0. 3.0. 3.0. 3.0. 3.0. 3.0. 3D
Ped/Bike/RTOR Volume 0. 0. 0. 0. a 0. a 0.
I'-ane Width 12.0. 12.0. 12.0. 12.0. 12.0. 12.0. 120.
Pa rki nglG radelP arki ng N a N N 0. N N 0. N N a N
Parkjngfhr
Bus stopslhr 0. 0 0. 0. 0. 0. 0.
Unit Extension 3.0. 3D 3.0. 3.0. 3.0. 3.0. 3.0.
Phasina EW Perm 02 03 04 NS Perm 06 07 08
Timing G = 16.2 G= G= G= G = 55.8 G= G= G=
Y = 4 y= y= y= y = 4 y= y= y=
Duration of Analvsls (hrs) = 0..25 ICvcle Length C = 80.0.
Lane Grouo Capacity, Control Delay, and LOS Determination
E8 VIfB NB SB
IAdj. flow rate 10.5 286 243 359 739 61 776
Lane group cap. 313 327 351 366 1292 393 1291
Ille ratio 0.34 0.87 0..69 0..98 0.57 0.16 0..60.
Green ratio 0.20. 0.20. 0..20. 0..70 0..70. 0..70. 0..70.
Unif, delay d 1 273 30..9 296 11.6 6.1 4.1 6.3
Delay factor k 0.50. 050. 0.50. 0..50 0.50. 0.50. 0.50
Increm. delay d2 2.9 26.2 10.7 425 18 0.8 21
PF factor 10.00 1.00.0. 1.000 10.0.0. 1.0.0.0. 1.0.0.0 1.0.0.0
Control delay 30.2 57.1 40.3 54.1 79 49 84
Lane group LOS C E D D A A A
Apprch. delay 49.9 40.3 23.0 8.1
v..pproach LOS D D C A
lntersec. delay 23.9 Intersection LOS C
/1" ',':old,1 M
Cop' n~lt \. ~1l1111 Lnl\ ~'''''"~ of FI\Jflua. ....11 RI~hl> Rc"", cd
VCT\il1H 4 Ii
14
Appendix B
Project Traffic Distribution
&
Initial Methodology Checklist
15
Agenda Item No. 80
June 6, 2006
Page 1 08 of 130
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Agenda Item No. 80
June 6, 2006
Page 109 of 130
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16
Agenda Item No. 80
June 6, 2006
Page 11 0 of 130
APPENDIX A
l\-ITIAL MEETI;";G CHECKLIST
Suggestion: Pse this Appendix as a worksheet to emure that no important elements are
overlooked. Cross out the items that do not apply.
Date: 11/16/2005
Time: _11:00 A.M.
Location: l\feering Checklist sent bye-mail
Peonle AttendinQ":
Name. Organization, and Telephone Numbers
1) Alan S. EI-Urfali. Johnson Engineering. lnc
2) Nick Casalanguida. Collier County Transp0l1ation Division
3)
4)
5)
Stud" Preparer:
Preparer's Name and Title: Alan EI-Crfali &. Chris Hagan, P.E.
Organization: Johnson Engineering, rnc
Address &. Telephone Number: 2350 Stanford Court. Naples FL 34112, (239) 434-0333
Re,iewer(s):
Revie\ver's Name &. Title: Nick Casalanguida. Project Manager
Collier ComIty Transportation Planning Department
Reviewer's Name &. Title: Don Scott. Director of Transpoliatioll Planning
Collier County Transportation Planning Department
AuuIicant:
Applicant's Name: Habitat for HtUllanity
Address: Collier County
Telephone NtUl1ber:
ProJ)osed DeveloJJluent:
Name: Liberty Landing
Location: Lake Trafford Road, 11ll11lokalee Florida
Land Use Type: :Multi Family (Duplex)
lIT Code #: 230
Proposed number of development units: 162
1
17
Agenda Item No. 80
June 6, 2006
Page 111 of 130
Zoning
Existing:
Comprehensive plan recommendation:
Requested: PUDZ
Stud" Type:
Complete .
None 0
Traffic operations
o
Study Area:
BOlUldaries: 3%. 3<!/o, 5% Rule.
Intersections: Lake Trafford & Carson. Lake Trafford & SR-29
Additional intersections to be analyzed: None.
Horizon Year(s): 2008
Analysis Time Period(s): Alvl & PM Peak
Future Off-Site Developments: A..!Towhead and Independence
Source of Trip Generation Rates: ITE, Seventh edition.
Reductions in Trill Generation Rates:
None: X
Pass-by trips:
Intemal trips (PLTI):
Transit use:
Other:
Horizon Year Roadway ~etwork Impro\"t'ments: N/A
:\lethodoloQ" & Assunmtions:
Non-site traffic estimates: Use of standard growth traffic rate
Site-trip generation: ITE
Trip distribution method: See Attached (estimating)
Traffic assignment method: Hand
Traffic growth rate: Per Collier County Traffic Counts
2
18
Agenda Item No. 80
June 6,2006
Page 112 of 130
Special Features: (from preliminary study 01' prior experience) ~!A
Accident locations:
Sight distance:
Queuing:
Access location & configuration:
Traffic control:
Signal system location & progression needs:
On-site parking needs:
Data Sources:
Base maps:
Prior study repOlts:
Access policy and jurisdiction:
Review process:
Requirements:
Miscellaneous:
SIG~A TURES
.J/' ..e.C{' /1 {
" '-;" /:,{7/~ .-
/ -/ t C....-,..,-t ...:_. .- .., , .......c.
f J.
I
Study PrepareI'
Reviewers
Applicant
3
19
-.
f- ~genda;(em No. 80
;7 <;.. ~ ~ 6
. (L L_ Page ~ of n~
Environmental Impact Statement
Excerpt
for
Liberty Landing RPUD
PUDZ-2005-AR-8901
Agenda Item No. 80
June 6,2006
Page 114 of 130
INTRODUCTION
This document represents the Collier County Environmental Impact Statement (EIS) for the
Habitat for Humanity of Collier County Liberty Landing Project. This EIS has been prepared
in accordance with 10.02.02 of the Collier County Land Development Code.
10.02.02 A-4
Subsection (a)
Applicant Information
i. . Responsible person who wrote the EIS and hislher education and job related
environmental experience.
Peggy A. Grant, Johnson Engineering, Inc. Consulting Ecologist. A copy of Ms.
Grant's resume is provided as Exhibit A.
ii. Owner{s)/agent{s) name, address, and phone number.
Liberty Landing
Habitat for Humanity of CollIer County
c/o Dr. Samuel J. Durso
11145 Tamiami Trail E.
Naples, Florida 34113
Phone: (239) 775-0036
Subsection (b)
Mapping and Support Graphics
i. General Location Map
A project location map is provided as Figure 1.
ii. Native Habitat Map
A Florida Land Use Cover and Forms Classification System (FLUCFCS) map has
been prepared at a scale of one inch equals two hundred feet (I" = 200~ for the
property, and overlain on a 2004 digital aerial photograph. The FLUCFCS Map
overlain on an Aerial Photograph is included as Exhibit B. Table 1 provides a
synopsis of the habitat types. Johnson Engineering, Inc. ecologists assessed the
property with respect to potential wetlands in accordance with the "Federal Manual
for Identifying and Delineating Jurisdictional Wetlands" (USACOE, 1987) and "The
Florida Wetlands Delineation Manuaf' (FDEP, 1995). Lack of hydrophytic
vegetation, lack of hydric soils (field verified by Johnson Engineering, Inc.), and the
lack of signs of hydrology on the subject property indicate preliminarily that wetlands
are not present on the subject property. This determination is subject to verification
by South Florida Water Management District (SFWMD) and the U.S. Army Corps of
Engineers (USACOE).
Liberty Landing Environmental Impact Statement
Page 1
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Project Location Map
Agenda Item No. 80
June 6, 2006
Page 115 of 130
2158 JOHNSON SIREET
P.O. BOX 1550
,ORT MYERS, FLORIDA 33902-1550
PHONE (g41) 334-0046
FAX (941) 334-J6el
E.B. 11I42 oS: LB. 11M2
Location Map
Liberty Landing
COLUER COUNTY
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Liberty Landing Environmental Impact Statement
Page 2
Agenda Item No. 80
June 6, 2006
Page 116 of 130
Table 1.
Habitat/FLUCFCS Types and Acreages
.... ..
FLUCFCS Habitact A~reage )>>ercent ..
Code oCr-otat
211 hnproved Pasture 23.97 89%
411 Pine Flatwoods 2.23 8%
434 Hardwood - Conifer Mixed 0.57 2%
512 Agricultural Swale 0.08 1%
..~.. .. Total '26~85 100.00%
.."
iii. Topographic Map and Existing Drainage Patterns
.. A Topographic Map has been prepared and is included as Exhibit C.
iv. Soils Map
According to the Collier County Soils Map, the following soil types are found on the
property: Immokalee fine sand (Map Unit 7), Bassinger fine sand (Map Unit 17), and
Holopaw fine sand (Map Unit 27). A Soils Map is included as Exhibit D. The Soils
Map (Exhibit D) shows Map Unit 17 (Basinger fine sand) present on the
northwestern portion of the site. This map unit is considered hydric [Florida
Association of Environmental Soil Scientists (FAESS) 2000]. Per the "Florida's
Hydric Soil Lists by County" found in the Hydric Soils of Florida Handbook (FAESS
2000), the soil component for this map unit is 15% Basinger fine sand (hydric) with
an inclusion of 85% Immokalee sand (non-hydric). Soils in the northwestern portion
of the property were reviewed by Johnson Engineering, Inc. ecologists. Although
this area of the property is within a hydric soil map unit, field review of the soils
revealed that they lack hydric indicators and therefore, are not hydric.
v. Drainage Plan
Please see the Preliminary Drainage Plan enclosed as Exhibit E.
VL l)evelopntentlDlan
Please see the Conceptual Site Plan enclosed as Exhibit F...
vii. Site lDlan
Please see the Conceptual Site Plan enclosed as Exhibit F and the Preliminary Drainage
Plan enclosed as Exhibit E.
Liberty Lllnding Environmental Impact Statement
Page 3
Agenda Item No. 80
June 6, 2006
Page 117 of 130
viii. For properties in the RLSA or FRMU districts, a site plan showing the location of the
site and land use designations and overlays as identified in the Growth Management
Plan.
The project is within the Immokalee Urban Area and is not within the RLSA or FRMU
districts. Please see Exhibit H, Project Location with Land Use Designations Map.
Subsection (c) Project Description and GMP Consistency Determination
i. Provide an overall description of the project with respect to environmental and water
management issues.
The 26.85~ acre Liberty Landing site is located in Section 31, Township 46 South,
Range 29 East, Collier County, Florida (see FIgUre 1). The property is approximately
1.6 miles west of the intersection of State Road 29 and Lake Trafford Road in the
urban area of Immokalee. The site is on the north side of Lake Trafford Road and
is surrounded by residential developments to the west and south, agricultural fields
to the north, and Lake Trafford Elementary school and forested areas to the east.
As part of the Protected Species Survey on July 18, 2005 and August 24, 2005,
Johnson Engineering Inc. ecologists assesed onsite habitat types and determined the
potential limits of jurisdictional wetlands. The site has been altered through past
usage for agricultural pwposes. Review of historic aerial photographs show the site
cleared of vegetation and used for agricultural pwposes dating back to 1975. A copy
of the 1975 aerial photograph is provided in Exhibit M. The property contains no
wetlands (subject to agency verification) as is evident from the lack of hydrophytic
vegetation, lack of hydric soils (field verified), and the lack of signs of hydrology on
the subj ect property.
Land use and vegetation association types on the project site were delineated during
on-site field investigations using a December 2004 digital aerial photograph
(1"=200'). The vegetation assemblages were classified based on the nomenclature of
the "Florida Land Use Cover and Forms Classification System" (FLUCFCS) manual
(FOOT, 1999). Land use and vegetation types mapped within the project area (see
Exhibit B) include :23.97 acres (89%) of improved pasture (FLUCFCS Code 211),
~2.23 acres (8%) of pine flatwoods (FLUCFCS Code 411), ~0.57 acres (2%) of
hardwood - conifer mixed (FLUCFCS Code 434), and ::1:0.08 acres (1%) of
agricultural swales (FLUCFCS Code 512). The slash pine (Pinus elliottiz) area was
cleared of its mid-canopy and the groundcover is comprised of maintained pasture
grasses. The linear hardwood - conifer mixed areas are comprised of sparsely
scattered live oak (Quercus virginiana) and slash pine in the canopy and a ground
cover of saw palmetto (Serenoa repens). Current cattle grazing on the agricultural
and pine areas of the site preclude regeneration of native flora features at the site.
The Protected Species Survey (PSS) of the site was conducted by Johnson
Engineering, Inc. ecologists on July 18, 2005 and August 24, 2005 to assess use by
and presence or absense of State and Federally protected species. The PSS for the
site was conducted in accordance with Florida Fish and Wildlife Conservation
Commission (FWC) and U.S. Fish and Wildlife Service (FWS) guidelines. The
Liberty Landing Environmental Impact Statement
Page 4
Agenda Item No. 80
June 6, 2006
Page 118 of 1 30
Protected Species Survey Report (inclusive of the PSS Transect Map) is provided in
Exhibit K of this document.
Because of past alterations, the site provides minimal habitat for wildlife. The PSS
and other field work on the site revealed that wildlife usage of the site is low. The
only listed species observed using the site was one wood stork due to presence of
standing water in the site agricultural swales.
The proposed use of the site will not further degrade wood stork habitat, but instead,
improve habitat through creation of a surface water management lake. Currently, the
site provides intermittent and low quality habitat for wood stork and other protected
wading birds via the existing furrows / swales that hold shallow water periodically
during the rainy season. Development of the subject property will include creation of
a surface water management lake with littoral shelves that will be planted with native
vegetation. The lake and littoral shelves will provide year-round quality habitat and
foraging opportunities for wood stork and protected wading birds species, thus
improving ecological conditions of the site.
The site is located in the FWS Panther Consultation Area. However, the project is
not expected to impact the panther or its habitat because it is not located in a Multi-
species Ecosystem Recovery Implementation Team (MERlT) zone or in Priority 1 or
2 panther habitat (Slack, et.al. 2001) and furthermore, is within the urban area of
Immokalee and is fragmented from other natural forested habitats.
Potential impacts to protected species will be coordinated during the EnvirOnmental
Resource Permit (if required) / Federal Dredge and Fill Permit process or through a
technical assistance request with FWC and FWS.
ii. Explain how the project is consistent with each of the Objectives and Policies in the
Conservation and Coastal Management Element of the Growth Management Plan.
where applicable.
Policy 2.2.2
A surface water management system that meets Collier County or South Florida
Water Management District (SFWMD) criteria will be constructed to treat storm
water runoff prior to discharge off the site. Additionally, the following is
proposed to prevent degradation of water quality in the receiving waters:
· Use of Best Management Practices during construction to contain runoff and
minimize short-term water quality impacts.
· Littoral plantings in the surface water management lake to provide additional
water quality treatment.
· Control structures to bleed dovvn storm water for on-site drainage detention
that meet County and SFWMD permit criteria.
· Water quality treatment swales on residential tracts to provide pre-treatment
of storm water runoff.
Liberty Landing Environmental Impact Statement
Page 5
Agenda Item No. 80
June 6, 2006
Page 119 of 130
Policy 2.2.3
Appropriate mechanical controls (use of harvesting equipment to remove
vegetation) will be used to control aquatic weeds that may become a nuisance in
the surface water management lake. If chemical control is necessary,
manufacturers and EP A guidelines for chemical use in aquatic habitat will be
followed. Herbicide composition and application rates shall be in accordance
with EP A approvals and applied by a State licensed herbicide applicator in
accordance with applicable material safety data sheets and label directions.
Unless specifically approved, herbicide will not be applied at any time when
water prevents application to the ground.
Policy 7.1.2
Technical assistance regarding protected species will be sought prior to SDP /
PPL approval. If it is determined that Wildlife Habitat Management Plans are
necessary, they will be provided prior to SDP / PPL approval.
Policy 6.1.1
The proposed site plan encompasses a mmnnum of 25% native vegetation
preservation. The preserve is delineated on the site plan (see Exhibit G).
Policy 6.1.4
All invasive exotic vegetation will be removed from the project site during the
development process. The site will be maintained free of invasive exotic species
in perpetuity.
Policy 6.1.7
Native vegetation will be incorporated into landscape designs. Littoral shelf
planting areas within storm water management lakes will be required at the time of
SDP / PPL submittal and will be required to meet the minimum planting area
requirement in Policy 6.1.7. Existing native vegetation will be retained in the on-
site preserve (0.72 acres of pine flatwoods).
Policy 6.2.1
The wetland jurisdictional determination (no wetlands present) has not been
verified by SFWMD staff at this time, and will be verified via assistance from
Collier County staff. Lack of hydrophytic vegetation, lack of hydric soils (field
verified by Johnson Engineering, Inc.), and the lack of signs of hydrology on the
subject property indicate preliminarily that wetlands are not present on the subject
property.
Policy 6.2.3
No wetlands are present on the site. A minimum of 25% of the native upland
habitat (pine flatwoods) on the site will be preserved.
Policy 6.2.5
Not applicable. The project is not within the Rural Fringe Mixed Use District and
furthermore, contains no wetlands.
Liberty Landing Environmental Impact Statement
Page 6
Agenda Item No. 80
June 6, 2006
Page 120 of 130
Polley 6.2.6
The proposed upland preserve and buffer areas will be dedicated as conservation and
common areas in the form of conservation easements. Uses that are harmful to
drainage, flood control, water conservation, erosion control, or fish and wildlife
conservation will be prohibited in preserve areas. These areas will be maintained
free from trash and debris and from Category I invasive exotic plants, as defined by
the Florida Exotic Pest Plant Council.
Subsection (d)
Native Vegetation Preservation
i. Identify the acreage and community type of all upland and "Wetland habitats found on
the project site, according to the Florida Land Use Cover and Fonns Classification
System (FLUCFCS). Provide a description of each of the FLUCFCS categories
identified onsite by vegetation type (species), vegetation composition (canopy,
mid story, and groundcover) and vegetation dominance (dominant, common,
occasional).
Johnson Engineering, Inc. ecologists assessed the property with respect to potential
wetlands in accordance with the "Federal Manual for Identifying and Delineating
Jurisdictional Wetlands" (USACOE, 1987) and "The Florida Wetlands Delineation
Manuar' (FDEP, 1995). The assessment revealed that no wetlands are present on the
site; however, this determination is subject to verification by SFWMD and the
USACOE. A map of the FLUCFCS categories present on the Liberty Landing site
is provided in Exhibit B. A description of the upland habitats (FLUCFCS types)
along with their corresponding acreage is as follows:
Imnroved Pasture <FLUCFCS Code 211)
This upland land use is located over the majority of the property, encompassing
::t:23.97 acres (89%) of the site. The pasture is currently used for grazing by cattle and
horse. It is vegetated predominantly with Bahia grass (Paspalum notatum). A few
sparsely scattered live oak trees and clusters of Brazilian pepper (Schinus
terebinthifolius) are present in the pasture in the northern portion of the property.
Brazilian pepper also is present along the swale / furrow along the property boundary
that adjoins the northern boundary of Lake Trafford Elementary School. Other
herbaceous species present in the groundcover of the pasture include ragweed
(Ambrosia artemisiifolia), Caesar weed (Urena lobata), broom sedge (Andropogon
virginicus), and dog fennel (Eupatorium capillifolium). Flatsedge (Cyperus haspan)
and southern beakrush (Rhynchospora microcarpa) are present in the furrows of the
pasture.
Pine Flatwoods lFLUCFCS Code 411)
This upland community is found in the southeastern extent of the property and totals
::t:2.23 acres (8%) of the site. The canopy is comprised of slash pine. The mid-
canopy has been: cleared (from historic agricultural practices on the site) and is
lacking except for an occasional Brazilian pepper. The groundcover is comprised
predominantly ofbahia grass.
Liberty Landing Enl'ironmental Impact Statement
Page 7
Agenda Item No. 80
June 6, 2006
Page 121 of 130
Hardwood - Conifer Mixed lFLUCFCS Code 434)
Sc~ttered live oak and slash pine trees with saw palmetto (Serenoa repens) in the
groundcover line the berms immediately adjacent to the east-west agricultural swales
of the improved pasture in the northern portion of the property. This area comprises
:l:0.57 acres (2%) of the site.
Aericultural Swale (FLUCFCS Code 512)
This land use is included in the vegetative mapping of the site per Collier County
Environmental staff comments to distinguish the difference between the portion of
the pine flatwoods that is allowed to be used in the native vegetation calculations for
the site versus the agricultural swales that are present in the pine flatwoods areas but
cannot be used in the native vegetation calculations. The swales total 0.08 acres
(1%).
ii. Explain how the project meets or exceeds the native vegetation preservation
requirement in Goal 6 of the Conservation and Coastal Management Element of the
Growth Management Plan, and Chapters 4 and 10 of the Land Development Code.
Policy 6.1.1 .
The property lies within the Uroan Designated Area of the Collier County Future Land
Use Map. A minimum of 25% of the native vegetation is required to be preserved. A
total of :l:2.80 acres of native vegetation exists on the property. A total of25.3% (:1:0.72
acres of the :l:2.80 acres) of the native vegetation on the site will be preserved This
exceeds the native vegetation requirement A Native Vegetation Map is provided as
Exhibit 1. Table 2 below provides the acreage of native habitat.
Table 2. Native VegetHtion Habitat Types and Acreages
. Native Non Na.tive ,
FLUCFCS Habitat
Code Vegetation Vegetation
Acreaee Acreaee
211 Improved Pasture --- 23.97
411 Pine Flatwoods 2.23
434 Hardwood - Conifer Mixed 0.57
512 Agricultural Swale --- 0.08
TOTAL 2.80 24.05
Minimum Retained Native Vegetation Requirement
(Site Native Vegetation X 25%) = 2.80 X 0.25 = 0.70 acres
Total DroDosed preserved = 0.72 acres = > 0.25 reauired
LDC Section 4.06.04
Liberty Landing Environmental Impact Statement
Page 8
Agenda Item No. 80
June 6, 2006
Page 122 of 130
LDC Section 4.06.04
All vegetation clearing activities will be in accordance with an approved Site
Development Plan only after a Vegetation Removal Permit has been obtained through
County Staff.
LDC Section 10.02.14
The landscape plan portion of the development order will show all preserve and
buffer areas.
iii. Provide documentation that the parcel is in compliance with the 25-year rezone
limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of
the Growth Management Plan.
A copy of the 1975 aerial photograph of the site is provided in Exhibit M. The aerial
photograph shows the site cleared of vegetation and used for agricultural purposes.
iv. Have preserves or acreage requirements for preservation previously been identified
for the site during previous development order approvals?
This site has not been subjected to previous development or approvals.
v. For properties with Special Treatment overlays, show the ST overlay on the
development plan and provide an explanation as to why these areas are being
impacted or preserved.
The eastern half of the site is identified within the twenty (20) year wellfield risk
management special treatment overlay zone boundary for the Immokalee Wellfield
(STIWS20). The site is proposed for residential development, which is not a
regulated activity in the overlay zone.
Subsection (e)
Wetlands
i. Define the number of acres of Collier County jurisdictional wetlands according to
FLUCFCS. Include a description of each of the FLUCFCS categories identified
onsite by vegetation type, composition, and dominance. Wetland determinations are
required to be verified by the SFW.MD prior to submission to the County.
Johnson Engineering, Inc. ecologists assessed the property with respect to potential
wetlands in accordance with the "Federal Manual for Identifying and Delineating
Jurisdictional Wetlands" (ACOE, 1987) and "The Florida Wetlands Delineation
Manuaf' (FDEP, 1995). Lack of hydrophytic vegetation, lack of hydric soils (field
verified by Johnson Engineering, Inc.), and the lack of signs of hydrology on the
subject property indicate preliminarily that wetlands are not present on the subject
property. This determination is subject to verification by SFWMD and the
USACOE.
ii. Determine seasonal and historic high water levels utilizing lichen lines or other
biological indicators. Indicate how the project design improves I affects
predevelopment hydroperiods. Provide a narrative addressing the anticipated
control elevations for the site.
Liberty Landing Environmental Impact Statement
Page 9
Agenda Item No. 80
June 6,2006
Page 123 of 130
Not applicable, the subject property contains no wetlands.
iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of
proposed impacts on the functions of these wetlands. Provide an exhibit showing the
location of wetlands to be impacted and those to be preserved onsite. Describe how
impacts to wetlands have been minimized.
No wetland impacts are proposed.
iv. Indicate how the project design compensates for wetland impacts pursuant to the
Policies and Objectives in goal 6 in the Conservation and Coastal Management
Element of the Growth Management Plan.
Not applicable. No wetland impacts are proposed.
Subsection (f)
Surface and Ground Water Management
i. Provide an overall description of the proposed water management system explaining
how it works, the basis of design, historical drainage flows, off-site flows coming in
to the system and how they will be incorporated in the system or passed around the
system, positive outfall availability, Wet Season Water Table and Dry Season Water
Table, and how they were determined, and any other pertinent information pertaining
to the control of storm and ground water.
Using the adjacent property SFWMD permit for the Lake Trafford Elementary
School, it was determined the wet season water table is 27.5 NGVD. The control
elevation was set at 28.5.
Per discussions with Collier County Environmental staff, a preserved flow way exists
on the property adjacent to and west of the Liberty Landing property. The flow way
in its entirety is located on the adjacent property with no portion of the flow way
located on the Liberty Landing property.
The Liberty Landing water management system has been designed in order to help
maintain regional flow ways and provide water quality and storm attenuation for the
proposed site improvements. The site is presently undeveloped farm field, and is
currently zoned agriculture. Historically, timbering and cattle grazing have occurred
on the property. There are no wetlands located on the site. The majority of the site,
::1:23.97 ac., is improved pasture with ::1:2.23 acres designated pine flatwoods, ::1:0.57
acres designated hardwood - conifer mixed, and :l:O.08 acres designated as
agricultural swale. Using surveyed topographic data it was determined that the
existing elevations range from 29' to 32' NGVD, with the majority of the site lying in
the range of 30' to 32' NGVD. The water management systeni consists of one
primary drainage basin, which will receive runoff from structures, roads and open
areas. Runoff will be collected by swales, collection pipes and culvert systems for
conveyance to water management detention areas for water quality treatment, and
attenuation prior to discharge. The site will have one proposed outfall structure.
Open grass swales will be used wherever possible to provide best management
Liberty Landing Environmental Impact Statement
Page 10
Agenda Item No. 80
June 6, 2006
Page 124 of 130
practices for pretreatment of storm water prior to introduction into the lakes. The
natural drainage of the site is a southwesterly flow to Fish Branch River Basin via
roadside swales.
The agricultural activities on the site have altered the surface and / or natural drainage
of the site through previous construction of rows and furrows / swales. The rows
obstruct flow and the swales collect and retain surface water flow, thus altering the
natural drainage and hydrologic flow on the site. Based on review of historic aerial
photographs and site topography, natural drainage on the project site flowed from
northeast to southwest.
The site will be developed according to SFWMD and Collier County criteria for the
design of surface water management systems which will ensure that pre- versus post-
surface drainage features of the site are not altered. The specific design of the system
and specific details regarding the project site drainage plan will be determined during
the course of the SFW:MD permitting process. Generally, storm water nmoffwill be
directed to the on-site surface water management lake. The surface water
management lake will be connected via pipes to the ditch along the southern
boundary of the property, resulting in a northeast to southwest drainage. The
proposed drainage resembles the historic drainage patterns of the site and will not
further degrade the drainage of the site.
ii. Provide an analysis of potential water quality impacts of the project by evaluating
water quality loadings expected from the project (post development conditions
considering the proposed land uses and storm water management controls) compared
with water quality loadings of the project area as it exists in its pre- development
conditions. This analysis is required for projects impacting five (5) or more acres of
wetlands. The analysis shall be performed using methodologies approved by Federal
and State water quality agencies.
Not applicable. No wetland impacts area proposed. However, it should be noted, a
surface water management system that meets Collier County or SFWMD criteria will
be constructed to treat storm water runoff prior to discharge off the site.
Additionally, the following is proposed to prevent degradation of water quality in the
receiving waters:
· Use of Best Management Practices during construction to contain runoff and
minimize short-term water quality impacts.
· Littoral plantings in the surface water management lake to provide additional
water quality treatment.
· Control structures to bleed down storm water for on-site dminage detention
that meet County and SFWMD permit criteria.
· Water quality treatment swales on residential tracts to provide pre-treatment
of storm water runoff
Liberty Landing Environmental Impact Statement
Page 11
Agenda Item No. 80
June 6, 2006
Page 125 of 130
iii. Identify any Welljield Risk Management Special Treatment Overlay Zones (WRM-
S1) within the project area and provide an analysis for how the project design avoids
the most intensive land uses within the most sensitive WRM-STs.
The eastern half of the site is identified within the twenty (20) year wellfield risk
management special treatment overlay zone boundary for the lmmokalee Wellfield
(ST/WS20). The site is proposed for residential development, which is not a
regulated activity in the overlay zone.
Subsection (g)
Listed Species
i. Provide a plant and animal species survey to include at a minimum, listed species
known to inhabit biological communities similar to those existing onsite, and
conducted in accordance with the guidelines of the Florida Fish and Wildlife
Conservation Commission and the U.S. Fish and Wildlife Service. State actual
survey times and dates, and provide a map showing the location of species of special
status identified onsite.
A Protected Species Survey Report is provided in Exhibit K. The report includes the
survey times and dates and provides a map showing the location of species of special
status identified onsite.
ii. Identify a/llisted species that are known to inhabit biological communities similar to
those existing on the site or that have been directly observed onsite.
Listed wildlife species that are known to inhabit biological communities similar to
those existing on the site or that have been directly observed on the site are listed in
Table 3.
Liberty Landing En'VironmentaI Impact Statement
Page 12
Agenda Item No. 80
June 6, 2006
Page 126 of 130
Table 3.
Listed Wildlife Species That Have the Potential to Occur on the Liberty Landing Property.
Designated Status Habitat! tndividuals IiuiividWilS:'
Scientific Name Common Name FWC FWS FLIJCFCSCode Present Abserit:
Amphibians and Reptiles
Drymarchon corais Eastern Indigo Snake T T 411,434 X
couperi
Gopherus polyphemus Gopher Tortoise SSC NL 411, 434 X
Rana areo/ata Gopher Frog SSC NL 411,434 X
Birds
Aphe/ocoma coerulescens Florida Scrub Jay T T 434 X
Egretta caerulea Little Blue Heron SSC NL Seasonally, swales of211 X
Egretta thula Snowy Egret sse NL Seasonally, swales of 211 X
Egretta tricolor Tri-Colored Heron sse NL Seasonally, swales of211 X
Eudocimus albus White Ibis sse NL Seasonally, swales of211 X
Falco sparverius paulus Southeastern American Kestrel T NL 411 X
Mycteria americana Wood Stork E E Seasonally, swales of211 X
Picoides borealis Red-cockaded Woodpecker SSC E 411,434 X
Mammals
Felis con color coryi Florida Panther E E 411,434 X
SciU7US niger avicennia Big Cypress Fox Squirrel T NL 411 X
Ursus americanus jIoridus Florida Black Bear T NL 411 X
FWC = Florida Fish and Wildlife Conservation Commission
FWS = U.S. Fish and Wildlife Service
SSC = Species of Special Concern
T = Threatened
E = Endangered
NL = Not Listed
Liberty Lttnding Enl'ironmental Impact Statement
Page 13
Agenda Item No. 80
June 6, 2006
Page 127 of 130
Listed plant species that were not observed but which have the potential to
occur on the project site are listed in Table 4. Information used in assessin:g the
potential occurrence of these species included personal experience and lmowledge of
the geographic region.
Table 4.
Listed Plant Species Not Observed but That Have the Potential to
Occur on the Liberty Landing Property.
.... .'. --C-., . ,..
nesigtt~ted :flabitatJ
Scientific N allle Common Name Status' FLUCFCS Code
Burmannia flava Fakahatchee E 411
burmannia
Chrysophy/lum Satinleaf E 411
oltvaeiorme
Deeringothamnus Beautiful paw-paw E 411
TJulchellus
Zamia floridana Florida coontie C 411
E = Endangered
C = Commercially Exploited
ii. Indicate how the project design. minimizes impacts to species of special status.
One wood stork was observed in a swale of the improved pasture during the PSS. It
is likely that wood stork and various wading bird species seasonally (during wet
season) use the swales of the improved pasture for foraging. No wading bird nests
(or other nests) were observed on the site. Currently, the site provides intermittent
and low quality habitat for wading birds via the existing furrows / swales in the
pasture that hold shallow water periodically during the wet season. Development
of the subject property will include creation of a surface water management lake
with littoral shelves that will be planted with native vegetation. The lake and
littoral shelves will provide year-round quality habitat and foraging opportunities
for wading birds and other bird species, thus improving ecological conditions of
the subject property.
iv. Provide habitat management plans for each of the listed species known to occur on
the property. For sites with bald eagle nests and/or nest protection zones, bald eagle
management plans are required, copies of which shall be included as exhibits
attached to the PUD documents, where applicable.
Potential impacts to protected species will be coordinated during the Environmental
Resource Permit (if required) / Federal Dredge and Fill Permit process or through a
technical assistance request with FWC and FWS. Technical assistance regarding
Liberty Landing Environmental Impact Statement
Page 14
Agenda Item No. 80
June 6,2006
Page 128 of 130
protected species will be sought prior to SDP / PPL approval. If it is determined that
Wildlife Habitat Management Plans are necessary, they will be provided prior to SDP
/ PPL approval.
v. Where applicable, include correspondence received from the Florida Fish and
Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service
(USFWS), with regards to the project. Explain how the concerns of these agencies
have been met.
Potential impacts to protected species will be coordinated during the Environmental
Resource Pennit (if required) / Federal Dredge and Fill Permit process or through a
technical assistance request with FWC and FWS. Copies of all future correspondence
will be forwarded to the County.
Subsection (h)
Other
i. For multi-slip docking facilities with ten slips or more, and for all marina facilities,
show how the project is consistent with the marina Siting and other criteria in the
Manatee Protection Plan. ii. Include the results of any environmental assessments
and/or audits of the property. If applicable, provide a narrative of the cost and
measures needed to clean up the site.
Not applicable.
ii. Include the results of any environmental assessments and/or audits of the property. If
applicable, provide a narrative of the cost and measures to clean up the site.
Johnson Engineering, Inc. conducted soil sampling on the Liberty Landing property
on December 9, 2005. The soil sample was laboratory analyzed for USEPA Method
8081 Organochlorine Pesticides and the 8 RCRA metals. The laboratory detected
concentrations in the sample are lower than the applicable FDEP Soil Cleanup Target
. Level (SCTL) under a residential scenario. Several of the detected concentrations are
three orders of magnitude less than the applicable SCTL. A letter detailing the soil
sampling results with the laboratory report is provided in Exhibit J. Per the results
of the analysis, site clean up is not necessary.
iii. For sites located in the Big Cypress Area of Critical State Concern-Special
Treatment (ACSC-ST) overlay district, show how the project is consistent with the
development standards and regulations established for the A CSC-ST.
The subject property is not within the Big Cypress Area of Critical State Concem-
Special Treatment (ACSC-ST) overlay district.
iv. Soil sampling or groundwater monitoring reports and programs shall be required for
sites that occupy old farm fields, old golf courses, or for which there is a reasonable
basis for believing that there has been previous contamination on site. The amount of
testing shall be determined by the Environmental Services staff along with the
Pollution Control Department and the Florida Department of Environmental
Protection.
Liberty Landing Environmental Impact Statement
Page 15
Agenda Item No. 80
June 6, 2006
Page 129 of 130
Johnson Engineering, Inc. conducted soil sampling on the Liberty Landing property
on December 9,2005. The soil sample was laboratory analyzed for USEPA Method
8081 Organochlorine Pesticides and the 8 RCRA metals. The laboratory detected
concentrations in the sample are lower than the applicable FDEP Soil Cleanup Target
Level (SCTL) under a residential scenario. Several of the detected concentrations are
three orders of magnitude less than the applicable SCTL. A letter detailing the soil
sampling results with the laboratory report is provided in Exhibit J.
v. Provide documentation from the Florida Master Site File, Florida Department of
State and any printed historical archeological surveys that have been conducted on
the project area. Locate any known or historical archeological sites and their
relationships to the proposed project design. Demonstrate how the project design
preserves the historical/archeological integrity of the site.
The Department of State reviewed the Liberty Landing project for possible impacts to
cultural resources listed, or eligible for listing, in the National Register of Historic
Places, or otherwise historical, archaeological, or architectural value. No cultural
resources are known to exist in the project area and therefore, no cultural resources
will be affected by the project. A copy of the Department of State Findings dated
September 12, 2005 is provided in Exhibit L.
Liberty Landing Environmental Impact Statement
Page 16
..
Agenda Item No. 80
June 6, 2006
Page 130 of 130
REFERENCES
Florida Association of Environmental Soil Scientists. 2000. Hydric Soils of Florida
Handbook Third Edition. Florida Association of Environmental Soil Scientists,
Gainesville, Florida.
Florida Deparbnent of Environmental Protection. 1995. The Florida Wetlands Delineation
Manual. Florida Deparbnent of Environmental Protection. Tallahassee, Florida.
Florida Deparbnent of Transportation. 1999. Florida Land Use, Cover and Forms
Classification System. Procedure No. 550-010-001 .a. Third Edition.
Slack, Jay, Jennings D., Luprek, B., and Kautz, R 2001. Florida Panther: Primary,
Secondary, and Dispersal Zone Boundaries. Multi-species/Ecosystem Recovery
Implementation Team (MERIT). U.S. Fish and Wildlife Service, Vero Beach,
Florida.
U.S. Army Corps of Engineers (USACOE). 1987. Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. Technical Report Y-87-1. Department of
Army, Washington, D.C.
Liberty Landing Environmental Impact Statement
Page 17
Agenda Item No. 8E
June 6, 2006
Page 1 of 132
.,-
EXECUTIVE SUMMARY
PUDZ-A-2005-AR-8918, Palermo Cove PUD, Elias Brothers Communities at Raffia
Preserve, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates,
P.A., requesting an amendment to Palermo Cove RPUD, by adding multiple famiJy
residential dwelJing units as a permitted use for property located north of Wolfe Road,
west of Collier Boulevard (C.R. 951), in Section 34, Township 48 South, Range 26 East,
Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to amend Palermo
Cove RPUD by adding multiple family dwelling units as a permitted use for the previously
permitted residential development that was approved with a maximum of 524 residential
dwelling units and to make sure that the project is in hannony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERA TIONS:
..
The proposed amendment does not change the density or total number of residential units
permitted within the subject area. The applicant believes that by allowing multiple-family
residential units as a permitted housing type, the requirement to provide "Intermediate Gap"
housing could be economically feasible. The previously approved Palermo Cove RPUD
required ten percent (53) of the total number of dwelling units (524) shall consist of
"Intermediate Gap Housing Units" (Section 6.10). The project master plan, which includes a
mixture of residential, recreational and preserves land uses, has not changed. The plan includes a
requirement for the petitioner to participate in the improvement of east-west Wolfe Road, and
Pristine Drive, and that the project would be phased to allow up to 260 dwelling units to be
allowed to receive Certificates of Occupancy (CO) prior to September 31, 2007. Phase 1
dwelling units shall be limited to twenty CO's for each month commencing September 1, 2006,
and ending September 30, 2007. The remaining units could be issued after October 1, 2007.
The access is required to be limited from Vanderbilt Beach road, via improved Pristine Drive,
until the earlier of either October 1, 2007, or the completion of the Collier Boulevard six-lane
improvement. The project is also designed to interface with the property to the north (Summit
Place in Naples Subdivision, and Golden Gate Fire Control and Rescue District Station 73). A
water management easement to benefit Collier County for the Collier Boulevard six-laning
project is to be located near the eastern end of the subject property, and a shared perimeter land
use buffer with the Golden Gate Fire Department (GGFD) Station 73 MPUD is authorized.
FISCAL IMP ACT:
---
The amendment by and of itself will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
PUDZ-04-AR-6258
Page 1 of 4
Executive Summary
Agenda Item No. 8E
June 6, 2006
Page 2 of 132
however, if the property is rezoned, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan.
Relevant to this petition, this Subdistrict permits residential development (a variety ofumt types)
at a base density of 4 dwelling units per acre (DU/A), subject to the Density Rating System; and
recreation and open space uses. This project does not qualify for any density bonuses and is not
subject to density reduction. Accordingly, this site is eligible for 4 dwelling units per acre.
The Transportation Services Division has reviewed the Petitioner's Traffic Impact Statement
(TIS) and has determined that the proposed rezone will generate 3,977 Average Daily trips at the
build out of the project in 2008. As a result, this petition is consistent with policies 5.1 and 5.2
of the Transportation Element.
Based on the analysis contained in the Traffic Impact Statement (Exhibit "C"), all roadway
segments significantly impacted as a result of the Palermo Cove RPUD amendment will operate
at or above the adopted Level of Service (LOS) standard for that roadway as established by
Collier County.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and has recommended approval based on
the fact that this amendment did not impact the previously approved preserve areas, and subject
to the conditions contained in Section 6.8 of the PUD document
PUDZ-04-AR-6258
Page 2 of 4
Executive Summary
Agenda Item No. BE
June 6,2006
Page 3 of 132
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPe) heard this petition at their May 4, 2006 public
hearing. The CCPC voted 7 to I to recommend approval of PUDZ-A-2005-AR-8918 with the
following conditions:
1. Include the Staff recommendation of approval
2. Table 2 would be amended to identify a maximum height of 35' for accessory
structures for multi-family units, and a minimum of a 25' rear setback requirement
shall be provided for all multi-family units.
3. The amendment to the multi-family use Section 3.3 A.3) shall read:
Multi-family dwellings. Multi-family dwellings, developed in
accordance with standards in Table 2, shall maintain a minimum seventy-
five (75') foot setback from the boundary of the Indigo Lakes PUD. In
addition, no multi-family dwelling shall exceed a building height of two
(2) stories or thirty-five (35') feet, unless a minimum building setback of
two hundred (200') feet is maintained from the boundary of the Indigo
Lake PUD and Summit Lakes in Naples PUD. Except as limited by this
paragraph, multi-family dwelling units developed in accordance with
Table 2 may be located throughout the project.
4. No vehicular access to Collier Boulevard (Highway 951) shall be permitted until the
four lane schedule improvements for Collier Boulevard are completed, with the
exception of a gated access for emergency vehicles.
The Planning Commissioner voting to deny this petition indicated that the reason was his
disagreement with the restricted access of construction equipment in stipulation #4. Because one
CCPC member voted for denial, this petition cold not be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the BCC must be based. The legal considerations are reflected in the CCPC
evaluation of the listed criteria in Chapters 10.03.05 and 10.02.13.8.5 of the LDC. These
evaluations are completed as separate documents that have been incorporated into the attached
staff report. A summary of the legal considerations and findings are noted below:
· The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
· The proposed land uses are compatible with the existing land use pattern.
· The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
· The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
PUDZ-04-AR-6258
Page 3 of 4
Executive Summary
Agenda Item No. 8E
June 6, 2006
Page 4 of 132
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2005-
AR-8918, subject to the conditions of approval that have been incorporated into the PUD
document.
PREPARED BY:
Michael J. DeRuntz, C.F.M., Principal Planner
Department of Zoning & Land Development Review
---
,,-..
PUDZ-04-AR-6258
Page 4 of 4
Executive Summary
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8E
June 6, 2006
Page 5 of 132
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8E
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-A-2005-AR-8918, Palermo Cove PUD, Elias Brothers
Communities at Raffia Preserve, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady
Minor & Associates, PA, requesting an amendment to Palermo Cove RPUD, by adding
multiple family residential dwelling units as a permitted use for property located north of
Wolfe Road, west of Collier Boulevard (C.R. 951). in Section 34, Township 48 South, Range
26 East, Collier County, Florida.
6/6/20069:00:00 AM
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Date
Approved By
Transportation Planning
5/18/200610:50 AM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
5/22/2006 11 :48 AM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
5/22/2006 12:39 PM
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
5/22/20063:40 PM
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Approved By
Transportation Services Admin.
5/23/2006 9:42 AM
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
Approved By
County Attorney Office
5/23/2006 2:33 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/23/20064:21 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Approved By
Office of Management & Budget
5/24/2006 9:20 AM
Mark Isackson
Budget Analyst
Date
Agenda Item No. 8E
June 6,2006
Page 6 of 132
County Manager's Office
Office of Management & Budget
5/25/2006 6;30 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/200610:59 AM
Agenda Item No. 8E
June 6, 2006
Page 7 of 132
eo1N:.,. County
- '-~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MAY 4, 2006
SUBJECT:
PUDZ-A-2005-AR-8918, PALERMO COVE RPUD
AGENT:
D. Wayne Arnold, AlCP
Q. Grady Minor and Associates
3800 Via Del Rey
Bonita Springs, FL 34119
APPLICANT/
CONTRACT
PURCHASER
Elias Brothers Communities at Raffia Preserve, Inc.
15100 Collier Boulevard
Naples, FL 34119
REQUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
amendment to the Palermo Cove RPUD to add multi-family residential dwelling units as a permitted
use.
GEOGRAPHIC LOCATION:
The property is located north of Wolfe Road, and west of Collier Boulevard (CR 951) in Section 34,
Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page)
PURPOSEIDESCRIPTION OF PROJECT:
The subject property consists of 131 acres and is designated as Urban (Mixed Use DistrictlUrban
Residential Subdistrict) on the Future Land Use Map. The maximum density permissible in the
Rural Agricultural District within the Urban (Urban - Mixed Use District, Urban Residential
Subdistrict) is four dwelling units per acre, based upon the Density Rating System of the Growth
PUDZ-A-2005-AR-8918
10f8
eepe MEETING MAY 4, 2006
Agenda Item No. 8E
June 6, 2006
Page 8 of 132
Management Plan (GMP). The 524 unit Palermo Cove RPUD was approved by the Board of
County Commissioners on June 28, 2005, and is currently undeveloped.
The proposed amendment does not change the density or total number of residential units permitted
within the subject area. The applicant believes that by allowing multiple-family residential units as a
permitted housing type, the requirement to provide "Intermediate Gap" housing could be
economically feasible. The previously approved Palermo Cove RPUD required ten percent (53)of
the total number of dwelling units (524) shall consist of "Intermediate Gap Housing Units"(Section
6.10). The project master plan, which includes a mixture of residential, recreational and preserves
land uses, has not changed. The plan includes a requirement for the petitioner to participate in the
improvement of east-west Wolfe Road, and Pristine Drive, and that the project would be phased to
allow up to 260 dwelling units to be allowed to receive Certificates of Occupancy (CO) prior to
September 31, 2007. Phase I dwelling units shall be limited to twenty CO's for each month
commencing September I, 2006, and ending September 30, 2007. The remaining units could be
issued after October 1, 2007. The access is required to be limited from Vanderbilt Beach road, via
improved Pristine Drive, until the earlier of either October 1,2007, or the completion of the collier
boulevard six-lane improvement. The project is also designed to interface with the property to the
north (Summit Place in Naples Subdivision, and Golden Gate Fire Control and Rescue District
Station 73). A water management easement to benefit Collier County for the Collier Boulevard six-
laning project is to be located near the eastern end of the subject property, and a shared perimeter
land use buffer with the Golden Gate Fire Department (GGFD) Station 73 MPUD is authorized.
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
The site is undeveloped; zoned Palermo Cove RPUD
Surrounding:
North: Single and multiple-family residential development, zoned Indigo
Lakes PUD, and Brittany Bay Apartments PUD
East: Single and multiple-family residential, commercial and essential
service development and County Road 951; zoned Summit Place In
Naples RPUD, Golden Gate Fire Department (GGFD) Station 73
MPUD, and Vanderbilt County Club PUD
South: Private Roadway then partially developed single-family residential
and commercial development, zoned Wolfe Creek PUD and Sonoma
Oaks MPUD
West: Single and multiple-family residential development, zoned
Islandwalk PUD
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed Use
District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth
Management Plan. Relevant to this petition, this Subdistrict permits residential development (a
variety of unit types) at a base density of 4 dwelling units per acre (DU/A), subject to the Density
Rating System; and recreation and open space uses. This project does not qualify for any density
PUDZ-A-2005-AR-8918
20f8
CCPC MEETING MAY 4, 2006
Agenda Item No. 8E
June 6, 2006
Page 9 of 132
bonuses and is not subject to density reduction. Accordingly, this site is eligible for 4 dwelling units
per acre.
Based upon the above analysis, staff concludes:
1. The proposed multi-family residential use for the site may be deemed consistent with the
FLUE.
2. The proposed density for this site (4.0 DUt A) may be deemed consistent with the Future
Land Use Element.
If"' ./,,"'-'
., \...-'/' PUD
'.
"~
.;i--'PUD
0-- PUD'-l _.-.-l...-_
(!;l .-----.~ e---'- ldJ. I PUD
1111' 1,Ifrn ,1.-.',l.-r;t;rer~'L'ToI!!'~iii \Tre\-, n,J-rnnr'~\I~-~-.~._~~t\W\ --rl,1 \ Ii 1~! -11 \ I i,II,~' ,~~--=.~ !
I, ,', I, ' I I '_-,-.:TTH.AVE..NW'. _. _, - ' 1_....7!.H.AVE- NW' ._...,.+ll_ - c__ .----\-
~ i III LL;E~IVil"~l fll\llTITTrl ! IlJlllp U1illli]11 f--: ~ II I U I j Illl~lllllm=:t:::=i~t
IUlllil~I~lld~Tt,1111 I II p,md ,1Illmh~ -;-1-1', I L~f11mlllllll illl=~ l h}
ZONING MAP
PUDZ-A-2005-AR-8918
30f8
CCPC MEETING MAY 4, 2006
Agenda Item No. BE
June 6, 2006
Page 10 of 132
AERIAL MAP
PUDZ-A-2005-AR-89 I 8
40f8
CCPC MEETING MAY 4, 2006
Agenda Item No. 8E
June 6, 2006
Page 11 of 132
Transportation Element: The Transportation Department has reviewed a revised Petitioner's Traffic
Impact Statement (TIS) (December 21, 2005) and has determined that the proposed amendment will
generate 3,977 Average Daily Trips at the build out of the project in 2008. This is a reduction of
793 ADT for the previous study, which projected 4,770 ADT. The reduction was due to the study
identifying 262 of the total 524 permitted units as multiple family units. Therefore, there will not be
any additional site generated trips. As a result, this petition is consistent with policies 5.1 and 5.2 of
the Transportation Element.
Based on the analysis contained in the Traffic Impact Statement (Exhibit "C"), all roadway
segments significantly impacted as a result of the Palermo Cove RPUD will operate at or above the
adopted Level of Service (LOS) standard for that roadway as established by Collier County. The
only exception is Immokalee Road to the west of Collier Boulevard (3.4%) and Collier Boulevard
north of Wolfe Road (3.8%). These links are slated for six-laning within Fiscal Year 2006, and
function acceptably with the addition of the traffic from Palermo Cove. From the analysis, with the
improvement of Wolfe Road and Pristine Drive, cut through traffic shows that the Vanderbilt Beach
Road and Pristine Drive intersection will meet Warrant 3 at background traffic conditions. For this
reason, signalization and turning lane improvements are required at this intersection. The developer
proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for
the proposed project.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. These criteria are specifically noted in Section 10.02.13 of
the Land Development Code and required staff evaluation and comment. The Collier County
Planning Commission (CCPC) and the Board of County Commissioners (BCC) also use these
criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments
to PUDs should establish a factual basis for supportive action by appointed and elected decision-
makers. Each of the potential impacts or considerations identified during the staff review are listed
under each of the criterion noted and are summarized by staff, culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are completed as
separate documents and are attached to the staff report. (See Exhibit "A" and Exhibit "B")
Environmental Analysis: Environmental Services staff has reviewed the petition and has
recommended approval based on the fact that this amendment did not impact the previously
approved preserve areas, and subject to the conditions contained in Section 6.8 of the PUD
document
The Environmental Advisory Council (EAC) did not have to reviewed this petition because the
amendment did not impact the previously approved preserve areas.
Transportation Analvsis: Transportation Department staff has reviewed the petition and has
recommended approval subject to the conditions contained in Section 6.5 of the PUD document.
PUDZ-A-2005-AR-8918
50f8
eepe MEETING MAY 4, 2006
Agenda Item No. 8E
June 6, 2006
Page 12 of 132
Utilities: The Utilities Department staff has reviewed the petition and has recommended approval
subject to the conditions contained in Section 6.7 of the POO document.
Zoning and Land Development Review Analysis: The evaluation by professional staff includes an
analysis of the project's relationship to the community's future land use plan and whether or not a
rezoning action would be consistent with the GMP. Other evaluation considerations include an
assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with
adjacent land uses. In addition, staff offers the following synopsis:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to
Collier County's legal basis for land use planning, refers to the relationship of the proposed PUD
amendment. The subject property is designated Urban (Mixed-Use District, Urban Residential
Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. This district
permits residential uses, which include multi-family residential units. Staff believes that the
petitioner's requested amendment to add multi-family residential uses and maintaining the permitted
density of 4 units per acre are compatible with the FLUE, thus this petition is consistent with the
GMP.
Relationship to Existing Land Uses - The subject property is bordered by Collier Boulevard, Wolfe
Road, Islandwalk POO, Indigo Lakes PUD, Brittany Bay Apartments POO, Summit Place in Naples
RPUD and Golden Gate Fire Department (GGFD) Station 73 MPUD. The subject property is
located in the Palermo Cove RPUD district. The approved Palermo Cove RPUD has a maximum of
524 residential dwelling units. The adjoining residential development to the east, Summit Place in
Naples RPUD, was approved for a total of 394 dwelling units on 98.47 acres (4 dwelling units per
acrel 2 story-35 foot height); Golden Gate Fire Department (GGFD) Station 73 MPUD, was
approved for a total of 50,000 square feet of essential services and governmental office space and 16
multiple-family residential units on 9.4 acres (4 DU/A I 2 story-35 foot); Vanderbilt County Club
POO was approved for a total of 800 dwelling units (33 multiple-family units) on 323 acres (2.48
dwelling units per acrel 2story-35 foot). Indigo Lakes PUD, which is located to the north, was
approved for 442 dwelling units on 181.37 acres (2.43 DUI A ), and Brittany Bay Apartments PUD,
was approved for a total of 487 dwelling units (mixed residential units with multiple-family) on 58.6
acres (8.16 DU/A I 3 story-45 foot). The Wolfe Creek POO, which is located south of the subject
property, was approved for 591 dwelling units on 147.69 acres (4 DU/A I 3 story-45 foot); Sonoma
Oaks MPUD, a mixed use development approved forI 12 residential units and 120,000 square feet of
commercial floor area; and further south, Mission Hills PUD was approved for 200,000 square feet
of commercial floor area on 33.45 acres. The Islandwalk PUD, which is located to the west of the
subject property, was approved for a total of2,1 00 dwelling units (716 multiple-family units) on 705
acres (3.04 DU/A I 50 foot). Therefore, staff believes the proposed amendment to include muItiple-
family units would be compatible to the adjoining permitted land uses, and would not adversely
impact the existing or future residential land uses in the area. It is the staff's opinion that the
proposed three stories and 45 foot height limitation is compatible with the approved residential
building heights of the adjoining properties, which have a maximum height of 50 feet. Furthermore,
staff believes that the development regulations, landscaping, and the screening and buffering
requirements of the PUD District will meet the goals of the GMP and enhance the aesthetic quality
of this area.
PUDZ-A-2005-AR-8918
60f8
eepe MEETING MAY 4, 2006
Agenda Item No. BE
June 6. 2006
Page 13 of 132
NEIGHBORHOOD INFORMATION MEETING:
The applicant held the required NIM on April 4, 2006 at 5:30 P.M. at the Oakridge Middle School,
14975 Collier Boulevard, Naples, Florida. Twenty individuals other than the applicant's agents and
county staff were present. D. Wayne Arnold, Project Planner for Q. Grady Minor and Associates
presented the proposal for amending the Palermo Cove RPUD. Several questions regarding the
location of the proposed multiple-family residential units and their associated height were asked.
The residents general opinion was that height of the multiple-family units should be limited to the
same as the existing residential uses (2 stories and 35 feet). Mr. Arnold suggested that they would
take this recommendation under consideration. The tentative location of the multiple-family
residential units is proposed along the entry road and along the eastern side of the development.
When asked if multiple-family units would be expanded throughout the entire site, the
representative from Elias Brothers Communities at Palermo cove, Inc. stated that the western
portion is planned and being marketed for single-family residential lots. The meeting concluded at
6:00 P.M.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPe) forward a
recommendation of approval of petition PUDZ-A-05-AR-8917, subject to the conditions of approval
that have been incorporated in the POO document.
PUDZ-A-2005-AR-8918
70f8
CCPC MEETING MAY 4, 2006
PREPARED BY:
MICHAEL 1. DE RUNTZ, C.F.M., PRINCIPAL PLANNER
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
REVIEWED BY:
JEFFREY A. KLATZKOW
ASSISTANT COUNTY ATTORNEY
RA Y BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
SUSAN MORRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
Petition PUDZ-2004-AR-8917
DATE
DATE
DATE
DATE
DATE
Tentatively scheduled for the June 6, 2006 Board of County Commissioners Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
PUDZ-A-2005-AR-89 18
80f8
DATE
Agenda Item No. 8E
June 6, 2006
Page 14 of 132
CCPC MEETING MAY 4, 2006
Agenda Item No. 8E
June 6, 2006
Page 15 of 132
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
. WWW.COlLlERGOV.NET (239) 403-2400 FAX (239) 643-6968
(i)
~ '0'" .
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
NAME OF APPLICANT (S) ELIAS BROTHERS COMMUNITIES AT RAFFIA PRESERVE. INC.
ADDRESS 15100 COLLIER BOULEVARD CITY NAPLES STATE FLORIDA ZIP 34119
TELEPHONE # 239-354-2080 CELL # FAX # 239-354-2611
E-MAIL ADDRESS:GARY.GASPERINI@EBCSWFL.COM
NAME OF AGENT D. WAYNE ARNOLD. AICP - a. GRADY MINOR AND ASSOCIATES. P.A.
ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134
TELEPHONE # 239-947-1144 CELL # FAX # 239-947-0375
E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM
NAME OF AGENT
ADDRESS
TELEPHONE #
E-MAIL ADDRESS:
STATE ZIP
FAX #
CITY
CELL #
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 8E
June 6, 2006
Page 16 of 132
Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
Application For Public Hearing For POO Rezone 6/14/04
Agenda Item No. 8E
June 6, 2006
Page 17 of 132
, "~, _ IT'=<~=""'lil1"""'~ "'!l!<",.f.""'Clj$~"' ,",~"."l%),,~ ,,", ~""."q'!if ''7. ''':t' '.... .~H',' . "f''' . "" i"'''' "'"' .;" -, ,'~" - '-. "''''''il''I!'''-eJ~''I''.- ,'c.'" '''~"'''.}'''K>l'~'1I
.. J>.) Jcl[.-,,{~C,_~j;41r~:j{'j ~~~'~t~:':'J:y,.:a ~~'5j'~"'~~~' '... 't""!'.)''':~';5 ,<JJj"t< t!~ 1!': 't;i' <, I.. ' '\ '" 11, i\'. ~/,p)Y'~~1-t:)ll~~~~' rJi:&i:.~ ~,&"."":.';lr:.j..,. '~t:$:~ Y\.-'1m
'4: . ,,,~:~tr' ,~,,\.~~;~. ,~~.L\~ -t'!~/\~ r;: : t~ .;;~ '\ fl' ,,'1.)"1'''' /-~ t 1 ~',:<) (I ~I" !J . ,~r \ , f \ ~ :,!; ~ I ~; _~;{ t I ~ ~ 1 f I ~ '" ~ ,~( ~ ) 't " , lr)" ~I~, 1,,~ l pJ !:'<1~~l~ :,} ~~t\:,:~-;;~;:;,,,,''!r\~~1!)tih;t.t
,~, :',,",. ,,"''''"Ji<i''51i~;i&. ,. ,'" ;L' ,,'i!l,."~=!~ ,.,." !>_'.k ,'" ,', r.,,,,,, .'," . "..... ,"-~"., "! .,,:.;~~...,,:i~\';lj'.r_ ,
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
Elias Brothers Communities at
Raffia Preserve. Inc.
15100 Collier Boulevard
Naples, FL 34119
Percentage of Ownership
Folio # 00203360000
Folio # 00203480003
Folio # 00204000000
Folio # 00203760008
Folio # 00203720006
Folio # 00203400009
Folio # 00203440001
Folio # 00204760900
Folio # 00203920000
100%
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Application For Public Hearing For PUD Rezone 6/14/04
Percentage of Ownership
Agenda Item No. BE
June 6, 2006
Page 18 of 132
d. .f the property is In the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an indivIdual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms 'nvorve additional parties, Itst all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired fZJ 2006 leased 0 Term of lease -yrs./mos.
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates:
Anticipated closing date
, or
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
Application For Public Hearing For POO R=ne 6/I 4/04
~ ;-",.j. '"'/; ~':I ;1i"'p;(,,-g") '':; ;T;;)-J .;}~~.t~. ' f ~ i' ,~. ,,~.t.;; ~$;i' *').~.::;m"J""'f! -J''')'' ...A<~" 1 " ,l~ '~hS'I!f~' - ! --:":..~t'~ ' ;l{~~" &5 j 'ik~\ ..'~~\'~c:ti~~~Eft~~.~~ t'1~)~Fl';f:t17~;4"1~~:~, "~~fflj~~~1I
r ' ,'1 -1";" J "{~L~:\ ;,' j '{; J1 j~""P:'( ..,),1..t~4;;",".\j '"'Ii tll A ';'<I~/' r~t" "r. 1.; \ d~~;, "~!)::~~~ '(t '-~f>-l: ~~~,,",Pp;~J:;j~,~.~t'\!.~~r,4\i:-,)~)t-:l~it',r).;r~,~~ (:l~'~
, f, ..' } =. -').t.L1.: j ~~1~'~' ,., j. ~1' Vi,," \1 :.~ 'v. (}:iI.'li~. \ '~-:"L..jlH ~ '/<h' ,.". "-'~ 1 ~ 1;J;~.. d.~)";<'1.o~_~,:;.tXl :'<$: t, '1-, 1',r_ 'j,' ,,~';..:'r.<iS '~~ ~~ \.)a;"~~~it;1NJi!! ,t.\~~.if "".!'ii'!~';,~t!jj ~
Agenda Item No. 8E
June 6, 2006
Page 19 of 132
Detailed leaal descriDtion of the DroDertv covered bv the aDDlicatlon: (If space is inadequate, attach
on separate page.) If request involves change to more than one zoning district, Include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent
survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the
pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
SectionITownshlp/Range 834fT 488/R26E
Lot: Block: Subdivision:
Plat Book Page #: Property 1.0. #: 00204760900. 00203920000. 00203440001.
00203400009.00203720006.00203760008.00204000000.00203480003. and 00203360000
Metes & Bounds Description:
LEGAL DESCRIPTION FOR PARCEL "A"
PARCEL OF LAND SI11JATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS.
COMMENCING AT TIiE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY, FLORIDA; TIiENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION
34, N.89051'50"W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY OF COLLIER
BOULEVARD (S.R. 951) AND BEING THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;THENCE
CONTINUE ALONG THE SOUTH LINE OF TIiE SAID NORTHEAST 1/4, N.89051'50"W., A DISTANCE OF 2544.09
FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING TIlE SOUTH LINE OF THE SAID NORTHEAST
1/4 AND ALONG TIiE WEST LINE OF THE SAID NORTHEAST 1/4, N.02015'21"W., A DISTANCE OF 668.98 FEET,
TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4;
THENCE LEAVING 1HE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE
SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTIiEAST 1/4, S.89052'42"E., A DISTANCE OF 1322.11
FEET, TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUfHWEST 1/4 OF THE SAID NORTHEAST
1/4; THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST
1/4, S.02015'10"E., A DISTANCE OF 334.65 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
SOUTH 1/2 OF TIIE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4;
TIIENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF TIlE
SAID NORTHEAST 1/4, S.89052'16"E., A DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT-OF-
WAY; THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.02014'59"E., A DISTANCE OF 334.80 FEET, TO THE
POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;
CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE
COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE.
LEGAL DESCRIPTION FOR PROPOSED PARCEL "B"
PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TIlE NORTHEAST 1/4 OF SAID SECTION
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 8E
June 6, 2006
34, N.89051'50"W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; f'lmN~CIfEl.WmG
THE SmITH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST UNE OF THE SAID NORTHEAST 1/4,
N.02015'21"W., A DISTANCE OF 668.98 FEET, TO THE SOUIHEAST CORNER OF THE NORTH 1/2 OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINNING OF
PARCEL liB" HEREIN DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND
ALONG mE SOUTH UNE OF THE NORTII 1/2 OF THE soum 1/2 OF THE NORTIIWEST 1/4 OF SAID SECTION
34, N.89052'05"W., A DISTANCE OF 2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
soum 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A POINT ON THE EAST LINE OF
ISLANDWALK PHASE FIVE "A", AS RECORDED IN PLAT BOOK 35, PAGES 81 TIIROUGH 84 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID NORTIIWEST
1/4, N.02013'33"W., A DISTANCE OF 1337.54 FEET, TO THE SOUTIiWEST CORNER OF INDIGO PRESERVE, AS
RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNlY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C-3" OF SAID INDIGO PRESERVE, S.89052'34"E., A
DISTANCE OF 1320.95 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-3"; THENCE ALONG THE
EAST LINE OF SAID TRACT "C-3", N.02013'51"W., A DISTANCE OF 668.93 FEET, TO THE SOUTHWEST CORNER
OF TRACT "C-4" OF SAID INDIGO PRESERVE;
THENCE ALONG THE SOUTII LINE OF SAID TRACT "C-4", S.89052'39"E., A DISTANCE OF 1320.65 FEET, TO
THE SOUmEAST CORNER OF SAID TRACT "C-4"; TIIENCE LEAVING THE SOUTH LINE OF SAID TRACT "C-4"
AND ALONG THE WEST LINE OF THE SAID NORTIlEAST 1/4, S.02015'21"E., A DISTANCE OF 2006.93 FEET, TO
THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED;
CONTAINING 1 0 1.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE 1983 NORm AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE
COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE.
Size of DroDertv: ~ft. X 2.399 ft. = Total Sq. Ft. 5.706.360 Acres 131:t
Addresslaenerallocation of subiect DroDertv: North of Wolfe Road. east of Countv Road 951
PUD District (LDC 2.03.06):
[3J Residential 0 Community Facilities
o Commercial 0 Industrial
Zoning
land use
NPUD
SA
E RPUD
WPUD
Indico lakes PUD (developed residential)
Undeveloped (proposed) Wolfe Creek PUD
Islandwa/k PUD (developed residential)
Summit Place in Naples RPUD (developed residential)
Does the owner of the subject property own property contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach
on separate page). NO
SectionlT ownship/Range
lot: Block:
I I
Subdivision:
Plat Book Page #: Property 1.0. #:
Metes & Bounds Description:
Application For Public Hearing For PUD Rezone 6114/04
Agenda Item No. 8E
June 6, 2006
Page 21 of 132
~, ,~~;"':W;'i"[>'''f'~'' 7,:..,.,n~.c;,.:;~ ;7i1j;g"![l' ",.f,W\'"i'IIlH'{.fr."'" s,. ,,' ,-,,~.', 1 'Vi""~ .' ,11'1' ',' \'~' " ;,; ,f"';' '1' '>>',7:,''''l\',',' ;"'Ici''f~ :\\1"',
7;..:,,"F.;r,::,Y';L'::~1Ib:'" \:i "\' -S':' "'fir':::'''l'.'''i'~'e ~",!'~,\ ' ",':', .1', :"(,," .;~,,:,,:':~,.i':~"i-"~'.'~!:'\'l:\I)I.,;'~i\}JI;f1.~,<,.,/'.'k:;';'i':ij';'~~f~\i'
,_t. x.:JiIii.>.""",~,~"~.""'!b,..\..".::.",.,.r,'.c::.,,,,,.L_!Jk':"")'H~"I"'-~I,,,"",,. ,. ._. _,4,.' ._,,,'.ki'" _d,>,.,' j;(a~';"\' "" ""~...t:h;"#I,,,I,,,. .:'.'..""'"Ji.1)!lrc<..>:...."
This application is requesting a rezone from the B.E.!J.Q zoning district(s) to the RPUD (Residential
Planned Unit Develooment) zoning district(s).
Present Use of the Property: Undevelooed
Proposed Use (or range of uses) of the property: Residential Sino Ie Familv Dwellino Units.
Original PUD Name: Palermo Cove RPUD
Ordinance No.: 05-34
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendatIon to
the Board of County Commissioners shall be based upon consideration of the applicable criteria noted
below. Provide a narrative statement describing the rezone request with specific reference to the
criteria noted below. Include any backup materials and documentation in support of the
request.
PUD Rezone Considerations (LDC Section 10.02.13.Bl
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract,
or other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 8E
June 6,2006
8. Conformity with PUD regulations, or as to desirable modifications of such regu,itNfhs1i1fdiEi
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertain whether or not the
request is affected by existing deed restrictions.
Previous land use Detitions on the subject DroDertv: To your knowledge, has a public hearing been
held on this property within the last year? t8j Yes 0 No
If so, what was the nature of that hearing? PUD Rezone
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made
and the application is assigned a petition processing number. The application will be considered
"closed" when the petitioner withdraws the application through written notice or ceases to suoply
necessary information to continue orocessina or otherwise activelv oursue the rezoning for a oeriod
of six (6) months. An application deemed "closed" will not receive further processing and an
application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed"
may be re.opened by submitting a new application, repayment of all application fees and granting of
a determination of "sufficiency". Further review of the project will be subject to the then current code.
(LDC Section 10.03.05.Q.)
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 8E
June 6, 2006
Page 23 of 132
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
NAME OF APPLICANT (S) ELIAS BROTHERS COMMUNITIES AT RAFFIA PRESERVE. INC.
ADDRESS 15100 COLLIER BOULEVARD CITY NAPLES STATE FLORIDA ZIP 34119
TELEPHONE # CELL # FAX #
E-MAIL ADDRESS:
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
SectionlTownship/Range 34/48S/26E
lot: Block: Subdivision:
Plat Book Page #: Property 1.0. #: 00204760900. 00203920000, 00203440001.
00203400009.00203720006.00203760008.00204000000.00203480003. and 00203360000
Metes & Bounds Description:
LEGAL DESCRIPTION FOR PARCEL "A"
PARCEL OF LAND STI1JATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS.
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTIlEAST 1/4 OF SAID SECTION
34, N.89051'50"W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY OF COLDER
BOULEVARD (s.R. 951) AND BEING THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;THENCE
CONTINUE ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89051'50"W., A DISTANCE OF 2544.09
FEET, TO THE CENTER OF SAID SECTION 34; TIlENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST
1/4 AND ALONG THE WEST LINE OF THE SAID NORTIlEAST 1/4, N.02015'21 "W., A DISTANCE OF 668.98 FEET,
TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4;
THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE
SOUTH 1/2 OF THE SOUTHWEST 1/4 OF TIlE SAID NORTHEAST 1/4, S.89052'42"E., A DISTANCE OF 1322.11
FEET, TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST
1/4; THENCE ALONG THE EAST LINE OF TIlE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST
1/4, S.02015'10"E., A DISTANCE OF 334.65 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4;
THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF TIlE
SAID NORTHEAST 1/4, S.89052'16"E., A DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT-OF-
WAY; THENCE ALONG THE SAID WEST RIGlIT-OF-WAY, S.02014'59"E., A DISTANCE OF 334.80 FEET, TO THE
POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;
CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Application For Public Hearing For PUD Rezone 6114104
Agenda Item No. BE
June 6, 2006
BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUS~ESt\.fE 1 PlANE
COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE.
LEGAL DESCRIPTION FOR PROPOSED PARCEL "B"
PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS.
COIvIMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH liNE OF THE NORTHEAST 1/4 OF SAID SECTION
34, N.89051'50"W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING
THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4,
N.02015'21"W., A DISTANCE OF 668.98 FEET, TO TIm SOUTHEAST CORNER OF THE NORTH 1/2 OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINNING OF
PARCEL "B" HEREIN DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND
ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION
34, N.89052'05"W., A DISTANCE OF 2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
SOU1H 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A POINT ON THE EAST LINE OF
ISLANDWALK PHASE FIVE "A", AS RECORDED IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC
RECORDS OF COlLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF TIm SAID NORTHWEST
1/4, N.02013'33"W., A DISTANCE OF 1337.54 FEET, TO THE SOUTHWEST CORNER OF INDIGO PRESERVE, AS
RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C-3" OF SAID INDIGO PRESERVE, S.89052'34"E., A
DISTANCE OF 1320.95 FEET, TO THE SOUTIIEAST CORNER OF SAID TRACT "C-3"; THENCE ALONG THE
EAST LINE OF SAID TRACT "C-3", N.02013'51 "W., A DISTANCE OF 668.93 FEET, TO THE SOUTHWEST CORNER
OF TRACT "C-4" OF SAID INDIGO PRESERVE;
THENCE ALONG THE SOUTH LINE OF SAID TRACT "C-4", S.89052'39"E., A DISTANCE OF 1320.65 FEET, TO
THE SOUTHEAST CORNER OF SAID TRACT "C-4"; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C-4"
AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02015'21"E., A DISTANCE OF 2006.93 FEET, TC
THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED;
CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE
COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE.
(Check applicable system):
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. . FRANCHISED UTiliTY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(GPD capacity)
e. SEPTIC SYSTEM
~
o
o
o
o
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTilITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WEll)
~
o
o
o
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. BE
June 6, 2006
Page 25 of 132
STATEMENT OF UTILITY PROVISIONS - page 2
.n'.'.'..'
'~ . . ,
~, .., c': , '_,'" ,-. ' ,;:
\~, : ~-i>t";;-~\.~' d~'(t~"Jr)-;~
{.!J! ,J,k ~f<'> JA,t,\,,,,!,r,l~t\ ~ ~"I~
: 948.44 (524*1.81)
"'Iii "
:~.-:
A. WATER-PEAK 268.07 GPM
B. SEWER-PEAK 240.1 GPM
'1':'. .:; ~ ,~ ~ '\ ,,-,~ (:. , i"O~~. r l.\..""
-..t: ij <<f L n'j\~ 6'1 U--~""~r '...\ ''.\/.:'r t u; VJt:-~/t; d""~"I
fit >Ytlr~I\~,,\",,~lr,;.J' ~...,.. ~ ~::/,~;' I;~~ " r}/O,~}L L ~'
AVERAGE DAilY 175.461.4 GPD (LOS: 185)
AVERAGE DAilY 137.523.8 GPD (LOS: 145)
Peak = Average Dally x 2.2 peak factor + 1440 minutes
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: First
Quarter 2006.
Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
..:(. If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement shall
be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage
collection facilities within the project area upon completion of the construction of these facilities
in accordance with all applicable County ordinances in effect at the at time. This statement
shall also include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the issuance of building
permits by the County. If applicable, the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
'~""'~"t.:;:",' .
Ij '", nless waived or
otherwise provided for at the pre-application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, a statement from that provider
indicating that there is adequate capacity to serve the project shall be provided.
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. BE
June 6, 2006
Page 26 of 132
~~ '-~"--'~""7<T1c"~f:' '~-;--"'iP.i",.~.,-,,,,,. '~''''7~"'~"'-~;" "". ~""""~';:'j"""'- ~.,- ,- ~.~'---- " ~Im'-"'~"i\!l'-~'~'~~'
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;.;,~'llC -.A:1, ;,..,.,.......". '~l.!-\,t'.' ",. !",fl "', t;" ., - '., .,,;. r. " I J 'f. / ("'. [',c.,,!! . '.~", .~;t;'. ,Ji.<.~.'0.f'i'"."
~"~:-:":~r.t':~';ii~~:~:. l"~' t .' ~.::,f;:;ti{;i.:~ ,'. :i'::r,,". :.: ,," ':J. :, ~("'ii~";:' :,.'~. .::'.. h: ,.~~.::~M~.';.',;/,'t!~. ';, \t. '~tt~~{.M.'..;
..-, ,f ..l:...'.. "..r,"< ,~,;..-;.%1.,'., 1:,1"""": <r, 'I, '/' If.,I}..., ,..L1) .J>! " ,.i"'" ',' '<","7\.'" ,'.'J'l.:.,I;", ''1 " ....J 'r. ~ '1'
,",'M ~l"~"'" --:"M.', '~~"i';~ }It&'"','" ":,' " '~""""~"'~"/\i!iW!,'J;,"",'" '7~" '. ,:,.. ;'~di;}:1!",;,..,:, ,.ft;,'. <",~. i'~
.,i~ ",~,-;r;;;?..(~J!:t,~[._ -';~~}~4j:,.~::t ,',~~'~~,it~~;~~ ~~~re~~~~;~~~"~~i'[' 1:'< '~, ~ ~il~<",;~iiH1;~ ;';",,;': ~K(, \ . :,";V:!;~:'. {'.!k~r~~\:~\'~j:dk'd~,' R~::~:,;;.:t> ~~
"' ~ ".';<, 1, f '~, .'...... ,"'.~ I. ~'" -;..... ,"~ ~~"..- ,,~! ",""',~ -",{_,') ~~\ ."j. ,n'<:~I,,~" .... ')'L"'''''~ ~
- .,^-,' -,E);;&,L, _c,'~', '^ -"=""',",~~_U11 .l.:t:1JL, , . .L, -'LfiL.,~~iM;J~ik.,_ "'"" ~~'w L .'..,. ,.~<,'. ~.." I',. .J ,...."'<<,~"." ,&'A;~~.~",
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLlCA TJON PACKET
No. of Copies
~24*
~24*
[g/ 24*
[g/1
[g/ 24
~1
[g/ 2*
[g/ 1*
04
05*
[g/4
07
04
04
[g/4
04
04
01
[g/1
~2
~
Check here if not reauired
o
o
o
o
o
o
o
o
o
o
o
o
o
Architectural Rendering of Proposed Structures 0
Boundary Survey, no more than 6 months old (24" x36") 0
Copies of State and/or Federal Permits 0
Affordable Housing Density Bonus Agreement, if applicable 0
Electronic Copy of PUD Document & Plans 0
. Copy of Letter notifying the U.S. Postal Service of project
Addressing Checklist
Required Fees
Completed Application
Pre-Application Meeting Notes
Legible Conceptual Site Plan 24" X 36"
Conceptual Site Plan 8 %" X 11"
PUD Document and Master Plan
24" x 36" Master Plan
Warranty Deed or Contract for Sale
Owner/Agent Affidavit, signed & notarized
Environmental Impact Statement or waiver
Aerial Photos with Habitat Areas Identified
Utility Provisions Statement with Sketches
Traffic Impact Statement or waiver
Historical Surveyor waiver
* One additional copy required if for Affordable Housing
D
As the authorized agent/applicant for this petition, I attest that all of the information indicated on
this checklist is included in this submitta package. I understand that failure to include all
necessary submittal informati may result i the delay of processing this petition.
\~)fQ \ \ 1 ~ I d:rto
Date
Application For Public Hearing For PUD Rezone 6/14/04
..
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LOCATION
MAP
PETITION #pUDZ- 2005- AR- 8918
Agenda Item No. 8E
June 6. 2006
Page 27 of 132
SITE
MAP
I
Agenda Item NO~8E
June 6, 2 06
Page 28 of 32
I
ORDINANCE NO. 06-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSNE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY TO AMEND THE PALERMO COVE
RPUD. THE PROPOSED CHANGE TO THE RPUD, ADDS MULTI-
FAMILY DWELLING UNITS AS A PERMITTED USE. TABLE 1 IN
THE RESIDENTIAL SECTION OF THE RPUD DOCUMENT HAS
BEEN REVISED TO REFLECT APPROPRIATE DEVELOPMENT
STANDARDS FOR THE MULTI-FAMILY DWELLING UNITS, FOR
PROPERTY LOCATED NORTH OF WOLFE ROAD, EAST OF
COUNTY ROAD 951, IN SECTION 34, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
131 ACRES; PROVIDING FOR THE PARTIAL REPEAL OF
ORDINANCE NUMBER 05-34, THE FORMER PALERMO COVE
RPUD; AND BY PROVIDING AN EFFECTNE DATE.
WHEREAS, D. Wayne Arnold, AICP, ofQ Grady Minor, representing the Elias Brothers
Communities at Raffia Preserve Inc., petitioned the Board of County Commissioners to change
the zoning classification of the herein described real property known as petition PUDZ-A-2005-
AR-89 I 8.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
The zoning classification of the herein described real property located in Section 34,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "RPUD" to
"RPUD" Residential Planned Unit Development in accordance with the RPUD Document,
attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof.
The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 05-34, known as the Palermo Cove RPUD, adopted on June 28, 2005,
by the Board of County Commissioners of Collier County, is hereby repealed only to the extent
that the Ordinance is inconsistent with the additions and deletions set forth in the Palermo Cove
RPUD Document attached hereto, as Exhibit "A". All other provisions of Ordinance Number
05-34 shall remain in full force and effect.
Words swel, tMBligll. are deleted; words underlined are added.
Page 1 of2
Agenda Item No. 8E
June 6, 2 06
Page 29 of 32
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By.
FRANK HALAS, CHAIRMAN
Deputy Clerk
Approved as to form and
legal sufficiency
/ M..;ori. M. Studeot-Sfuliog
Assistant County Attorney
PUDl-A-200S-AR-8918IMJDlsp
Words stflJsk tbfBlIgB are deleted; words underlined are added..
Page 2 of2
Agenda Item No. 8E
June 6, 2006
Page 30 of 132
PALERMO COVE RPUD
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING PALERMO COVE RPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
ELIAS BROTHERS COMMUNITIES AT RAFFIA PRESERVE, INC.
15100 COLLIER BOULEVARD
NAPLES, FLORIDA 34119
PREPARED BY:
Q. GRADY MINOR AND ASSOCIATES
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
AND
GOODLETTE, COLEMAN AND JOHNSON
4001 TAMIAMI TRAIL NORTH, SUITE 300
NAPLES, FL 34103
DATE REVIEWED BY CCPC 4/7/05
DA TE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit "A"
Palermo Cove RPUD (Amend)(SRl-c1ean).doc
Agenda Item No. BE
June 6, 2006
Page 31 of 132
TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance 11
Section I Property Ownership and Description I-I
Section II Project Development Requirements II-I
Table I II-2
Section III Residential Development Standards III-I
Table II III-3
Section IV Recreation Area IV-l
Section V Preserve Area V-I
Section VI Development Commitments VI-l
Palermo Cove RPUD (Amend)(SRl-c\ean).doc
Agenda Item No. BE
June 6, 2006
Page 32 of 132
LIST OF EXHIBITS. TABLES. AND APPENDICES
EXHIBIT "A"
RPUD MASTER PLAN
EXHIBIT "B"
BOUNDARY SURVEY
EXHIBIT "c"
VI CINITY MAP
TABLE I
PROJECT LAND USE TRACTS
TABLE II
DEVELOPMENT STANDARDS
TABLE III
MEDIAN INCOME 2005
APPENDIX "A"
TYPICAL CROSS SECTIONS
APPENDIX "B"
CONCEPTUAL WATER MANAGEMENT
PLAN
Palermo Cove RPUD (Amend)(SRl-clean).doc
Agenda Item No. 8E
June 6, 2006
Page 33 of 132
STATEMENT OF COMPLIANCE
The development of approximately 131 acres of property in Collier County, Florida as a
Residential Planned Unit Development (RPUD) to be known as the Palermo Cove RPUD shall
comply with the goals, objectives and policies of Collier County as set forth in the Growth
Management Plan (GMP). The residential and recreational facilities of Palermo Cove RPUD are
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives of each of the elements of the GMP for the following reasons.
1. The subject property for development is within the Urban (Urban Mixed-Use District,
Urban Residential Sub-district) as identified on the Future Land Use Map as provided for
in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses
contemplated are consistent therewith.
2. The project is proposed to be a residential development located within the Urban (Urban
Mixed-Use District, Urban Residential Sub-district), as identified on the Future Land Use
Map from the FLUE, of the Collier County GMP. The Density Rating System of the
FLUE provides for a base density of four (4) dwelling units per gross acre. The proposed
density of Palermo Cove RPUD is 4.0 units per gross acre, or 524 units, and is therefore
consistent with the FLUE, Policy 5.1. of the Collier County GMP.
3. The development standards contained in this Document, combined with the requirements
of the Land Development Code (LDC) will insure that the proposed development will be
compatible with and complementary to existing and planned surrounding land uses as
required by Policy 5.4 of the FLUE.
4. The development commitments and standards contained in this Document, as well as the
requirements of the LDC will assure compliance with Policy 3.1 of the FLUE.
5. The Palermo Cove RPUD is consistent with and furthers Policy 5.5 of the FLUE in that it
is using existing land zoned (designated) for urban uses.
6. The Palermo Cove RPUD implements Policy 5.6 of the FLUE in that more than 60% of
the project will be open space or reserved for conservation purposes.
7. The Master Development Plan, with its extensive natural area, lakes and open space
areas, and with its low residential density, will insure that the developed project will be
an attractive and enjoyable residential development.
8. The project shall comply with the provisions of Chapter 6.02. and Section 10.02.07 of the
LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use
Element.
Palermo Cove RPUD (Amend)(SRl-c1ean).doc ii
Agenda Item No. BE
June 6. 2006
Page 34 of 132
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Palermo Cove RPUD.
1.2 LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR PARCEL "A"
PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34,
N.89051 '50"W., A DISTANCE OF 1 00.09 FEET, TO A POINT ON THE WEST
RIGHT-OF-WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING THE POINT
OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;THENCE CONTINUE
ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89051'50"W., A
DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34; THENCE
LEA VING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE
WEST LINE OF THE SAID NORTHEAST 1/4, N.02015'21 "W., A DISTANCE OF
668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST
LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE
SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4,
S.89052'42"E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4;
THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4
OF THE SAID NORTHEAST 1/4, S.02015'10"E., A DISTANCE OF 334.65 FEET, TO
THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4;
THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4, S.89052'16"E., A
DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT-OF-WAY;
THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.02014'59"E., A DISTANCE
OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN
DESCRIBED;
Palermo Cove RPUD (Amend)(SRl-clean).doc I-I
Agenda Item No. 8E
June 6, 2006
Page 35 of 132
CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999)
ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE
FLORIDA EAST ZONE.
LEGAL DESCRIPTION FOR PROPOSED PARCEL "B"
PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARL Y
DESCRIBED AS FOLLOWS.
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34,
N.89051'50"W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID
SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST
1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4,
N.02015'21"W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL "B" HEREIN
DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST
1/4 AND ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
THE NORTHWEST 1/4 OF SAID SECTION 34, N.89052'05"W., A DISTANCE OF
2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A
POINT ON THE EAST LINE OF ISLANDW ALK PHASE FIVE "A", AS RECORDED
IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID
NORTHWEST 1/4, N.02013'33"W., A DISTANCE OF 1337.54 FEET, TO THE
SOUTHWEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK
40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C-3" OF SAID
INDIGO PRESERVE, S.89052'34"E., A DISTANCE OF 1320.95 FEET, TO THE
SOUTHEAST CORNER OF SAID TRACT "C-3"; THENCE. ALONG THE EAST
LINE OF SAID TRACT "C-3", N.02013'51"W., A DISTANCE OF 668.93 FEET, TO
THE SOUTHWEST CORNER OF TRACT "C-4" OF SAID INDIGO PRESERVE;
THENCE ALONG THE SOUTH LINE OF SAID TRACT "C-4", S.89052'39"E., A
DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT
"C-4"; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C-4" AND
ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02015'21"E., A
DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B"
HEREIN DESCRIBED;
CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
Palermo Cove RPUD (Amend)(SRl-c1ean).doc 1-2
Agenda Item No. 8E
June 6, 2006
Page 36 of 132
BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999)
ADJUSTMENT STATE PLANE COORDINA TE SYSTEM (GRID) FOR THE
FLORIDA EAST ZONE.
1.3 PROPERTY OWNERSIDP
The subject property is owned by:
Elias Brothers Communities at Raffia Preserve, Inc.
15100 Collier Boulevard
Naples, Florida 34119
1.4 DEVELOPER
The Palermo Cove RPUD is intended to be developed by Elias Brothers Communities at
Raffia Preserve, Inc. All reference to the "developer" as may be contained in this RPUD
Document shall mean Elias Brothers Communities at Raffia Preserve, Inc., unless, and
until the subject property described and depicted in this RPUD Document is sold. It is
the responsibility of Elias Brothers Communities at Raffia Preserve, Inc. to notify Collier
County, in writing, of the land conveyance, of the subject property described and
depicted in this RPUD Document within six months of the actual conveyance.
1.5 PHYSICAL DESCRIPTION
The development property is located in the east half of Section 34, Township 48 South,
Range 26 East. The proposed project site is presently undeveloped, but portions of the
property have been disturbed by clearing and off-road vehicle use. Historically timbering
and cattle grazing have occurred on the property. The property's jurisdictional wetlands
have been infested with the exotic species Melaleuca. The property is generally without
topographic relief, with elevations ranging from 12.4 feet to 13.7 feet above mean sea
level. The site contains areas of jurisdictional wetlands that are characterized as
transitional wetlands in which the predominant vegetation is a mix of pine and cypress
and associated upland and wetland plants with a mixture of Melaleuca.
The water management system consists of approximately 10 acres of water management
areas that will receive run-off from structures and parking areas. Run-off will be
collected by catch basins and culvert systems for conveyance to the project's internal lake
system. The lakes are interconnected by culverts and/or the preserve areas, with project
outfall being at the project's southwest comer. Discharge will be into the wetland
preserve in the southwest portion of the project site. Flow will continue overland to
eventually be collected into the Islandwalk water management system, with ultimate
discharge into the 1-75 Canal in accordance with Collier County Ordinance No. 90-10, as
amended, which incorporates the Harvey Basin Study.
1.6 PROJECT DESCRIPTION
The Palermo Cove RPUD shall be a residential development consisting of detached
single-family villas, attached single-family villa residences, and multi-family dwellings.
The amenities proposed to be provided in the project include structures and areas to
Palermo Cove RPUD (Amend)(SRI-c1ean).doc 1-3
Agenda Item No. 8E
June 6, 2006
Page 37 of 132
provide social and recreational space, lakes, natural and landscaped open spaces, and a
variety of passive and active recreational opportunities. It is anticipated that the project
will have a single clubhouse tract that will be developed with the actual clubhouse and
outdoor recreational improvements including swimming pools, tennis courts, a
playground, and potentially a basketball court and volley ball court.
Each residential unit shall be served with centrally provided potable water, sanitary
sewer, electric power, and telephone. Additional services shall be provided as deemed
appropriate.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Palermo Cove Residential Planned Unit
Development Ordinance".
Palermo Cove RPUD (Amend)(SRI-c1ean).doc 1-4
Agenda Item No. 8E
June 6. 2006
Page 38 of 132
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the Palermo Cove RPUD development, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Palermo Cove RPUD shall be in accordance
with the contents of this Document, the RPUD-Planned Unit Development
District - and other applicable sections and other applicable sections and parts of
the Collier County LDC and GMP in effect at the time of building pennit
application. Where these RPUD regulations fail to provide developmental
standards, then the provisions of the most similar district in the County LDC shall
apply.
B. This RPUD Document and attendant RPUD Master Plan is tailored to provide
specific development standards for the residential product proposed by the
developer.
C. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County LDC in effect at the time of building
permit application.
D. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Palermo Cove RPUD shall become part of the
regulations that govern the manner in which the RPUD site may be developed.
E. Unless modified, waived or deviated from by this RPUD, the provisions of other
sections of the LDC, where applicable, remain in full force and effect with respect
to the development of the land that comprises this RPUD.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets, sidewalks, pedestrian trails
and use of land is illustrated graphically by Exhibit "A", RPUD Master Plan.
Palermo Cove RPUD (Amend)(SR I -c1ean).doc II-I
Agenda Item No. 8E
June 6. 2006
Page 39 of 132
TABLE I
PROJECT LAND USE TRACTS
TYPE UNITS/FT. ACREAGE+
TRACT "R" RESIDENTIAL 524 90
TRACT "RA" RECREATION AREA 0 3
TRACT "P" PRESERVE 0 38
B. Areas illustrated as lakes on Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit "A".
C. In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within
or along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 524 residential dwelling units (including attached and detached single-
family villas), may be constructed in the total project area. The gross project area is
approximately 131 acres. The gross project density, therefore, shall be a maximum of 4.0
dwelling units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to final local development order issuance for all or part of the RPUD, final
plans of all required improvements shall receive approval of the appropriate
Collier County governmental agency to insure compliance with the LDC.
B. Appropriate instruments shall be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
C. No side-yards shall be required between units, where multiple units, intended for.
fee simple conveyance, including each individual lot, are contained in a single
principal structure.
2.6 LAKE EXCA VA TIONS
A. Removal of fill from the Palermo Cove RPUD shall be limited to an amount up to
ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume
excavated unless a commercial excavation permit is received.
2.7 RIGHTS-OF-WAY
A. All platted project streets shall have a minimum 50-foot right-of-way. Deviation
1 from Sub-section 6.06.01(0) of the LDC, for cul-de-sac and local streets, and
LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and
Palermo Cove RPUD (Amend)(SRI-c1ean).doc II-2
Agenda Item No. 8E
June 6, 2006
Page 40 of 132
Section III, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the
Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See
Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan).
These streets shall be private, and shall be classified as local streets.
B. Utilization of areas within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
C. Tangents between reverse curves are not required for any local street design in
this RPUD. Deviation 2 from Section III, Exhibit "A", Design Requirements for
Subdivisions C.13.j. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance No. 2004-66.
2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, and utilities.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time of adoption of this Ordinance establishing the Palermo
Cove RPUD.
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of residential units or real property within the Palermo Cove RPUD, the
developer shall provide appropriate legal instruments for the establishment of a property
owners' association, or master condominium association whose function shall include
provision for the perpetual care and maintenance of all common facilities and open space.
2.9 MODEL, SALES, AND CONSTRUCTION OPERA TION FACILITIES
A Palermo Cove may have one model home representing each type of residential
product. The number of model homes may exceed five, but shall not exceed a
total of eight. Deviation 3 from LDC Section 5.04.04.B.5.c. that limits the total
number of model homes in a single development to five.
B. Temporary use permit applications, and associated site development plan (SDP)
application(s) for residential models, may be submitted concurrently with
applications for improvement plans to depict the location of the model units
within a future platted lot. All model units shall be located on lots that shall be
platted through subsequent development order approvals.
C. Temporary uses for sales centers may be served by temporary well and septic
systems.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc II-3
Agenda Item No. 8E
June 6. 2006
Page 41 of 132
D. A portion of the clubhouse facilities may be used as a permanent sales facility to
be utilized to market residential products, including the re-sale of residences
within the boundaries of the Palermo Cove RPUD.
2.10 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Palermo Cove RPUD requires an
environmental permit from a local, State, or Federal agency with jurisdiction over the
property proposed for development, the developer shall obtain such permits prior to final
development order approval.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of
14.2 acres (25% of the native vegetation on site) is required to be retained or replanted.
Tract "P", contains approximately 38 acres. For the purposes of this RPUD, the Preserve
Tract will fully satisfy the native vegetation requirements of Collier County.
Viable, naturally functioning native vegetation areas do not include those areas of
vegetation that have a seventy-five percent (75%), or greater canopy coverage of exotic
speCIes.
Appendix "A", Typical Cross Sections, sets forth details related to separation of
structures from native vegetation preserve areas.
2.12 RPUD INTERFACE WITH ZONING TO THE NORTH
The Palermo Cove RPUD is bounded on the north by a 9.4 acre property that is intended
to be rezoned to Golden Gate Fire Department (GGFD) Station 73 MPUD, to provide for
a community facility (Golden Gate Fire Control and Rescue District Station 73), as well
as the final 16 dwelling units in the attached single-family townhouse product line being
developed in the Summit Place In Naples Subdivision. The 9.4 acre parcel lying south
and adjacent to the proposed GGFD Station 73 MPUD will provide project access, as
well as access to the proposed fire station from Wolfe Road. It also provides for a water
management easement to benefit Collier County for the Collier Boulevard six-laning
project. This RPUD has been designed to share perimeter land use buffering and to
create contiguous adjoining conservation areas with both the proposed GGFD Station 73
MPUD and the developing Summit Place In Naples Subdivision. Storm water run-off
will be accepted from off-site areas to pass through the Palermo Cove master drainage
system.
Palermo Cove RPUD (Amend)(SRI-clean).doc II-4
SECTION III
Agenda Item No. 8E
June 6, 2006
Page 42 of 132
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identifY specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter
land use buffers, as well as project signage shall occur within this Tract "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 524 dwelling
units.
3.3 USES PERMITTED
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 uses:
A. Principal Uses:
1) Single-family attached dwellings (including townhouses intended for fee
simple conveyance including the platted lot associated with the residence);
2) Villa/patio dwellings (detached single-family dwellings of a smaller scale
than the typical single-family detached dwelling.);
3) Multi-family dwellings. Multi-family dwellings, developed in accordance
with standards in Table 2, shall maintain a minimum seventy-five (75') foot
setback from the boundary of the Indigo Lakes PUD. In addition, no multi-
family dwelling shall exceed a building height of two (2) stories or thirty-
five (35') feet, unless a minimum building setback of two hundred (200')
feet is maintained from the boundary of the Indigo Lakes PUD and Summit
Place in Naples PUD. Except as limited by this paragraph, multi-family.
dwelling units developed in accordance with Table 2 may be located
throughout the project.
4) Model homes (See Section 2.9 of this RPUD Document);
5) Project sales, construction and administrative offices, which may occur in
residential, and/or in temporary buildings (See Section 2.9 of this RPUD
Document).
B. Accessory Uses:
I) Customary accessory uses and structures including, but not limited to,
private garages, swimming pools with, or without screened enclosures, and
other outdoor recreation facilities.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc III-I
Agenda Item No. 8E
June 6, 2006
Page 43 of 132
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures, as applicable. Condominium, and/or homeowners' association
boundaries shall not be utilized for determining development standards.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc IIl-2
Agenda Item No. 8E
June 6, 2006
TABLE II Page 44 of 132
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE- PATIO HOME MUL TI- CLUBHOUSE/
STANDARDS F AMIL Y & VILLAS F AMIL Y RECREATION
A IT ACHED & DWELLINGS BUILDINGS
TOWNHOUSE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 9,000 S.F. 10,000 S.F.
MINIMUM LOT WIDTH 25 FEET 40 FEET 80 FEET N/A
MINIMUM FLOOR AREA 1,000 S.F. 1,500 S.F. 1,000 S.F. N/A
MINIMUM FRONT Y ARD3 20 FEET 20 FEET 20 FEET N/A
MINIMUM SIDE YARD o FEET or 3 FEET or 10 FEET N/A
6 FEET' 9 FEEr
MINIMUM REAR YARD 15 FEET 20 FEET 15 FEEr N/A
MINIMUM PRESERVE
SETBACK 25 FEET 25 FEET 25 FEET 25 FEET
MINIMUM DIST.
BETWEEN STRUCTURES 12 FEET 12 FEET 20 FEET7 N/A
MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 3 STORIES 2 STORIES
NOT TO EXCEED 35 FEET 35 FEET 45 FEET 35 FEET
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S S.P.S 20 FEET
SIDE S.P.S. S.P.S S.P.S 'h BH
REAR (A TT ACHED) 5 FEET 5 FEET 5 FEET 5 FEET
(DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET
MINIMUM DIST. Greater of 15
BETWEEN STRUCTURES 12 FEET 12 FEET 20 FEET feet or 'h BH
MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 2 STORIES 2 STORIES
NOT TO EXCEED 35 FEET 35 FEET 35 FEET 35 FEET
S.P.S.: Same as Principal Structures.
BH: Building Height
Palermo Cove RPUD (Amend)(SRI-c1ean).doc IIl-3
Notes:
1)
2)
Agenda Item No. 8E
June 6, 2006
Page 45 of 132
The location of structures proposed adjacent to a lake may have no setback from the
lake maintenance easement.
No structures are pennitted in the required 20-foot lake maintenance easement.
3)
For all residential units, garages shall be located a minimum of23 feet from the back of
the sidewalk located in the street rights-of-way closest to the garage, except for side
loaded garages, wherein a parking area 23 feet in depth shall be provided to avoid
vehicles being parked across a portion, or all of the referenced sidewalk.
4)
Side Yards - No side yard shall be required between units when more than one
residential unit is in a single structure (ie: attached single-family and townhomes).
Varying side yards are provided for to allow side entry garages and to maintain the
required separation between buildings.
5)
No structure shall encroach into a required landscape buffer nor any landscape buffer
that is adjacent to a lake maintenance easement.
6)
Patio homes and villas (detached single-family dwellings of a smaller scale than the
typical single-family detached dwelling), shall have minimum side yards of either 3
feet, or 9 feet, with a minimum separation between structures on different lots of 12
feet.
7)
Building separation measured from outside building wall.
8)
Three (3) story buildings shall maintain a minimum twenty-five (25') foot setback
from any boundary of the RPUD.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc 1II-4
SECTION IV
Agenda Item No. BE
June 6,2006
Page 46 of 132
RECREA TION AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function
and purpose of this Tract is to provide for social and recreational areas/spaces as an
amenity for the residents of the project.
4.2 USES PERMITTED
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 the issuance of regional, state and
federal permits, when required;
A. Principal Uses:
I) Structures intended to provide social and recreational space (private,
intended for use by the residents and their guest only).
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive
and/or active water features.
3) Any other principal use, which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
B. Accessory Uses:
I) Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance,
storage or shelter with appropriate screening and landscaping.
4.3 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Condominium, and/or homeowners' association boundaries shall not
be utilized for determining development standards. Development standards for
Tract RA are contained in Table II of this Document. There shall be a minimum of
a 20 foot separation of recreational building(s) from all residential units.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc IV-I
SECTION V
Agenda Item No. 8E
June 6, 2006
Page 47 of 132
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state.
Tract P is designated as a preserve, but it is also used as a storm water flow-way for this
project and surrounding properties.
5.2 USES PERMITTED
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 the issuance of regional, state and
federal permits, when required:
A. Principal Uses:
1) Native preserves.
2) Water management structures.
3) Mitigation areas.
4) Hiking trails, boardwalks, shelters, or other such facilities constructed for
the purposes of passage through or enjoyment ofthe site's natural attributes,
subject to approval by permitting agencies.
B. Flowway: Tract P is used as a flow-way for storm water, and as such will
also be placed in a drainage easement that will allow for maintenance
activities to be performed to ensure that the flow-way always functions
properly.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc V-I
SECTION VI
Agenda Item No. BE
June 6,2006
Page 48 of 132
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with site development plans, final
subdivision plats (if required), and all applicable State and local laws, codes, and
regulations applicable to this RPUD. Except where specifically noted or stated otherwise,
the standards and specifications of Section III, Exhibit "A", Design Requirements for
Subdivisions of the Administrative Code for Collier County Construction Standards
Manual adopted through Ordinance No. 2004-66 shall apply to this project, even if the
land within the RPUD is not to be platted. The developer, its successors and assigns, shall
be responsible for the commitments outlined in this Document.
The developer, its successors or assignees, shall follow the Master Plan and the regulations
of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in
the rezoning of the property. In addition, any successors or assignee in title to the
developer is bound by the commitments within this Document. These commitments may
be assigned or delegated to a condominium! homeowners' association to be created by the
developer. Upon assignment or delegation, the developer shall be released from
responsibility for the commitments for that portion of the project turned over to such
condomini um!homeowners' association.
6.3 RPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase such as final platting or SDP application.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all services and all common
areas in the project.
6.4 TRANSPORTATION
The development of this RPUD shall be subject to and governed by the following
conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current
Palermo Cove RPUD (Amend)(SRI-clean).doc VIol
Agenda Item No. 8E
June 6, 2006
edition, and the Manual on Uniform Traffic Control Devices (MUTCD),a8u4~n'lf 132
edition. All other improvements shall be consistent with and as required by the
Collier County LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the first certificate of occupancy (CO).
C. Site-related improvements necessary for safe ingress and aggress to this project, as
determined by Collier County Transportation Staff, shall not be eligible for impact
fee credits. All required improvements shall be in place and available to the public
prior to the issuance of the first CO.
D. All work within Collier County rights-of-way or public easements shall require a
. right-of-way permit.
E. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as it may be amended,
and the LDC, as it may be amended. Collier County reserves the right to modify or
close any median opening existing at the time of approval of this RPUD which is
found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
F. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for
any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
G. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer. Collier County shall have no responsibility for maintenance of any such
facilities.
H. If any required turn lane improvement requires the use of existing County rights-of-
way or easements, compensating rights-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
1. If, in the sole opinion of Collier County Transportation Staff, a traffic signal, or
other traffic control device, sign or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the cost of such
improvement shall be borne by the developer and shall be paid to Collier County
before the issuance of the first CO.
J Adjacent developments have been designed to provide shared access or
interconnections with this development. The RPUD Master Plan indicates these
locations. The developer, or assigns, shall assure that any such shared access or
interconnection is utilized and shall accommodate the perpetual use of such access
by incorporating appropriate language into the development covenants or plat.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc VI-2
Agenda Item No. 8E
June 6, 2006
K. Wolf Road east/west storm water drainage will be incorporated into fu~~t~9rHf 132
water drainage system of this RPUD.
L. Section G-G on Sheet 5 of 5 of the RPUD Plans Set reflects the street cross-section,
as mandated by the Collier County Transportation Division.
M. The project access shall only be from Vanderbilt Beach Road, via improved
Pristine Drive (aka: Wolf Road north-South), until the completion of the Collier
Boulevard six-laning project Prior to completion of the Collier Boulevard
improvements, project access to Collier Boulevard shall be restricted to emergency
vehicles only.
6.5 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and until Planning Services Staff grants approval of the proposed
construction in accordance with the approved plans.
B. An excavation permit will be required for the proposed lakes in accordance with
the Collier County Code of Laws and Ordinances and South Florida Water
Management District Rules.
C. The project shall obtain a Surface Water Management Permit from the South
Florida Water Management District prior to any site development plan approval.
6.6 UTILITIES AND ENGINEERING
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 04-31, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County
in accordance with the County's established rates.
6.7 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Environmental Services Department. Removal of exotic vegetation alone shall not
Palermo Cove RPUD (Amend)(SRl-clean).doc VI-3
Agenda Item No. 8E
June 6, 2006
f ., . ~ . C II' C ., Paae. 51 of 132
be the sole component 0 mItIgatIOn lor Impacts to 0 Ier ounty jUflSarCnonal
wetlands.
B. All conservation/preservation areas shall be designated as preserves on all
construction plans and, if the project is platted, shall be recorded on the plat with
protective covenants per or similar to Section 704.06 of the Florida Statutes.
Preserve areas shall be dedicated on the plat to the project homeowners' association
or like entity for ownership and maintenance responsibilities and to Collier County
with no responsibility for maintenance. In the event the project does not require
platting, all conservation areas shall be recorded as conservation easements
dedicated to the project's homeowners' association or like entity for ownership and
maintenance responsibility and to Collier County with no responsibility for
maintenance.
C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of the wetland preserves in all places, and averaging
twenty-five (25) feet from the landward edge of wetlands. Where natural buffers
are not possible, structural buffers shall be provided in accordance with the State of
Florida Environmental Resource Pennit Rules, and be subject to review and
approval by Environmental Services Department.
D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to "listed species". Where
protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to the Environmental Services Department for
review and approval prior to final site plan/construction plan approval.
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual
removal of these plants (in perpetuity) shall be the responsibility of the property
owner.
F. A Preserve Area Management Plan shall be provided to Environmental Services
Staff for approval prior to site/construction plan approval identifying methods to
address treatment of invasive exotic species, fire management, and maintenance.
G. The RPUD shall be consistent with the Conservation and Coastal Management
Element of the Collier County GMP in effect at the time of final development order
approval. The RPUD shall be consistent with the LDC except as provided for
within this Ordinance.
H. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final site plan! construction plan approval.
1. Areas that fulfill the native vegetation retention standards and criteria of the GMP
shall be set aside as preserve areas.
J. All principal structures shall have a minimum setback of 25 feet from the boundary
of any preserve. Accessory structures and all other site alterations shall have a
Palermo Cove RPUD (Amend)(SRI-clean).doc VI-4
Agenda Item No. 8E
June 6,2006
mmlmum 10-foot setback. Where jurisdictional wetlands are a compoh8af gf gf 132
preserve, a structural buffer shall be required to utilize the 10 foot setback.
6.8 PLANNING
A. The development agreements between Elias Brothers Communities and Wolf
Creek, Limited Partnership, Waterways Joint Venture IV, and the Golden Gate Fire
District, shall be executed and provided to Zoning and Land Development Review
Staff prior to the Board of County Commissioners public hearing for this rezone
petition.
B. The project shall be phased such that 260 dwelling units may receive certificates of
occupancy prior to September 31, 2007. The Phase 1 dwelling units shall be
limited to twenty (20) certificates of occupancy for each month commencing
September 1,2006, and ending September 30,2007. The remaining dwelling units
permitted by this RPUD may receive certificates of occupancy subsequent to
October I, 2007, without limitation.
6.9 INTERMEDIA TE GAP HOUSING UNITS
A. Ten (l0%) percent of the dwelling units requested at the final local development
order approval stage of development for platting, or site development plan, shall be
sold by the developer to individuals, or families that earn between one hundred
(100%) percent and one hundred twenty five (125%) percent of the Collier County
median family income. For the purposes of this RPUD, these specific units shall be
described as "intermediate gap housing units". The median income of the area as
defined by the U.S. Department of Housing and Urban Development (HUD) shall
be the then current median income for the Naples Metropolitan Statistical Area,
established periodically by HUD and published in the Federal Register, as adjusted
for family size as shown on the tables attached below, which Table shall be
automatically adjusted 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 developer and the County
shall mutually agree to another reasonable and comparable method of computing
adjustments in median income.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc VI-5
Agenda Item No. 8E
June 6, 2006
Page 53 of 132
TABLE III
MEDIAN INCOME 2005
Naples, MSA (Collier County)
! ~ ;! ! ~ ~ 1 ~
100% 48,890 55,805 62,805 69,805 75,390 80,975 86,585 92, II 0
105% 51,335 58,595 65,945 73,295 79,160 85,024 90,914 96,716
110% 52,812 60,264 67,824 75,834 81,432 87,480 93,528 99,468
115% 55,746 63,612 71,592 79,572 85,956 92,340 98,724 104,994
120% 58,680 66,960 75,360 83,760 90,480 97,200 103,920 110,520
125% 61,614 70,308 79,128 87,948 95,004 102,060 I 09, 116 116,046
B. The following limitations and performance standards shall be adhered to:
1). No intermediate gap housing unit in the development shall be sold by the
developer to those whose household income has not been verified and certified
to be equal to, or less one hundred twenty five (125%) percent of the median
family income for Collier County, and that the applicant is a "first time home
buyer" as defined by Collier County Ordinance Number 2000-69. Such
verification and certification shall be the responsibility of the developer and
shall be submitted to the County Manager, or his designee, for approval.
2) No intermediate gap housing unit shall be sold, or otherwise conveyed, to a
buyer whose household income has not been verified and certified in
accordance with Section 6.1 O.A of this RPUD Document. It is the intent of this
section to keep intermediate gap housing as such; therefore, any person who
buys an intermediate gap housing unit from the developer shall agree, in a lien
instrument to be recorded with the Clerk of the Circuit Court of Collier County,
Florida, that if the intermediate gap housing unit is sold, (including the land
and/or the unit) within 15 years after his original purchase at a sales price in
excess of five percent per year of his original purchase price that the seller shall
pay to the County an amount equal to one-half of the sales price in excess of
five percent increase per year. Such payment shall be maintained in a
segregated fund, established by the County solely for affordable housing
purposes and such money shall be used to encourage, provide for, or promote
affordable housing in Collier County. The lien instrument may be subordinated
to a qualifying first mortgage.
3) No intermediate gap housing unit in any building or structure in the
development shall be occupied by the developer, any person related to or
affiliated with the Developer, or a resident manager.
4) When the developer advertises, and sells, or maintains the intermediate gap
housing unit, it must advertise, and sell, and maintain the same in a
nondiscriminatory manner and make available any relevant information to any
person who is interested in purchasing such intermediate gap housing unit. The
developer shall agree to be responsible for payment of any real estate
commissions and fees for the initial sale from the developer to the buyer.
Palermo Cove RPUD (Amend)(SRI-c1ean).doc VI-6
Agenda Item No. BE
June 6, 2006
5) These intermediate gap housing units shall be developed III phas~~9<<t5thgf 132
discretion ofthe Developer.
6.9 AFFORDABLE HOUSING
A. The developer shall make a $250,000 contribution to The Empowerment Alliance
of Southwest Florida Community Development Corporation on or before
September 12, 2005 for the purposes of providing housing.
B. The developer shall convey a five acre parcel of land to Habitat For Humanity of
Collier County, Inc. within 90 days from the date of approval of this RPUD.
6.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure. A construction operation/management office, and
model center, may be constructed after zoning approval but before construction of any
principal structures.
6.11 SIGNS
Except as provided herein, all signs shall be in accordance with Chapter 5.06.00 of the
LDC in effect at the time of sign permit approvals. The Golden Gate Fire Control and
Rescue District's illuminated off-site directional sign for Station 73 may be incorporated
into the residential ground or wall signage for Palemlo Cove. Said signage for Station 73
is limited to the directional signage size prescribed by Subsection 5.06.06.C.12.b.i., and
would be in addition to the residential ground or wall signage provided for in Subsection
5.06.04.A.6.b. of the LDC. Deviation 4 from Section 5.06.03.F. of the LDC where
illuminated signage is prohibited in residential zones. Deviation 5 from Section
5 .06.06.C.12.a. where off-premise directional signage is prohibited in residential zones.
6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Palermo Cove RPUD, except in preserve areas. All landscaping shall be in
accordance with the Collier County LDC in effect at the time of building permit
application. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1) Grassed berms 4: I
2) Ground covered berms 3:1
B. No toe-of-slope setback shall be required from the common property/tract
boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD,
the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross-section C-
C, and D-D and F-F on Sheet 5 of 5 of the PUD Plans Set illustrates this common
berming. Deviation 6 from Subsection 4.06.05.1. of the LDC where a five-foot
setback is required from a property line for the toe-of-slope, when the proposed
berm is greater than two feet in height.
Palermo Cove RPUD (Amend)(SRI-cIean).doc VI-7
Agenda Item No. 8E
June 6, 2006
Page 55 of 132
C. Pedestrian sidewalks, bike paths, water management facilities and structures may
be allowed in landscape buffer areas, provided that the landscape buffer area is
increased by an equivalent width.
D. No structure shall encroach into a required landscape buffer, nor any landscape
buffer that is adjacent to a lake maintenance easement.
6.13 DEVIATIONS
A. All platted project streets shall have a minimum 50-foot right-of-way. Deviation 1
from Subsection 6.06.01(0) of the LDC, for cul-de-sac and local streets, and LDC
Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and Section
III, Exhibit "A", Design Requirements for Subdivisions C.l3.e. of the
Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66, Typical Street Section, B-4 and B-5 which
requires 60 feet to allow 50 feet. (See Appendix "A", Typical Cross Sections, and
Exhibit A, RPUD Master Plan), these streets shall be private, and shall be classified
as local streets. This deviation is found under Section 2.7.A. of this RPUD
Document.
B.
Tangents between reverse curves are not required for any local street design in this
RPUD. Deviation 2 from Section III, Exhibit "A", Design Requirements for
Subdivisions C.l3.j. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance No. 2004-66. This deviation is
found under Section 2.7.C. of this RPUD Document.
---
C. Palermo Cove may have one model home representing each type of residential
product. The number of model homes may exceed five, but shall not exceed a total
of eight. Deviation 3 from LDC Subsection 5.04.04.B.5.c. that limits the total
number of model homes in a single development to five. This deviation is found
under Section 2.10.B. of this RPUD Document.
D. The Golden Gate Fire Control and Rescue District's illuminated off-site directional
sign for Station 73 may be incorporated into the residential ground or wall signage
for Palenno Cove. Said signage for Station 73 is limited to the directional signage
size prescribed by Subsection 5.06.06.C.12.b.i., and would be in addition to the
residential ground or wall signage provided for in Subsection 5.06.04.A.6.b. of the
LDC. Deviation 4 from Section 5.06.03.F. of the LDC where illuminated signage
is prohibited in residential zones. Deviation 5 from Section 5.06.06.C.12.a. where
off-premises directional signage is prohibited in residential zones.
E. No toe-of-slope setback shall be required from the common property/tract
boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD,
the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross-section C-
C, and D-D and F-F on Sheet 5 of 5 of the PUD Plans Set illustrates this common
berming. Deviation 6 from Subsection 4.06.05.1. of the LDC where a five-foot
setback is required from a property line for the toe-of-slope, when the proposed
berm is greater than two feet in height. This deviation is found under Section
6.12.B. of this RPUD Document.
Palermo Cove RPUD (Amend)(SRl-c1ean).doc VI-8
Agenda Item No. 8E
June 6, 2006
Page 56 of 132
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PALERMO COVE RPUD '
RPUD MASTER PLAN
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Agenda Item No. BE
.' -- -- - --- ---jan~OOO-
PUDZ-A-2005-AR-8,we 57 of 132
PROJECT #2004040001
DATE: 1/5/06
MICBAELDERUNTZ
ORDINANCE NO. OS.l!.--
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDlNG THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
RURAL AGRICULTURE (A) ZONING DISTRICT TO
THE RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT TO BE KNOWN AS
PALERMO COVE RPUD LOCATED NORTH OF
WOLFE ROAD. WEST OF COLLIER BOULEVARD
(C.R. 951). IN SECTION 34. TOWNSIDP 48 SOUTH,
RANGE 26 EAST. COLLIER COUNTY. FWRIDA.
CONSISTING OF 131:t ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS. Dwight Nadeau. of RWA. Inc. and Chuck Basinait, of Henderson..
Franklin,' Starnes & Holt, P.A., representing Elias Brothers Communities at Palermo
Cove. Inc.. petitioned the Board of County Commissioners to change the zoning classifK:8tion of
the herein described real property.
NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 34.
Township 48 South, Range 26 East, Collier County, Florida. is changed from the Rural
Agriculture (A) Zoning District to a Residential Planned Unit Development ~UD)
Zoning District to be known as the Palermo Cove RPUD in accordance with the Palermo
Cove RPUD Document, attached hereto as Exhibit "AM and incorporatod by reference herein.
The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41. as
amended. the Collier County Land Development Code, is/are hereby amended accordingly.
SBCTION TWO:
ThisOrdinanco shalt become effective upon filln. with the Department ofState.
PASSED AND DULY ADOPTED by tho Board of County Commissioners of Collier
County. Florida, this ....1..i.~y of J ~-<!- .2005.
1 of 2
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MIUj' . Student-Stirling
Assistant County Attorney
PU0z.2OCM-AIl-62511MJD/Ip
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY: 'juLW. ~
FRED W. COYLE, CRAI
Agenda Item No. 8E
June 6, 2006
Page 58 of 132
This ordinance fll.d with the
Sec:,.tory of Stat.', Office the
~ day of ;;:m.lu.... .:uJflS
and ac::knowledge~!9f that
fil~ this LJ...:!:!l day
of B 1~~'~
20f 2
PALERMO COVE RPUD
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING PALERMO COVE RPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER CQUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC.
15100 COLLIER BOULEY ARD
NAPLES, FLORIDA 34119
PREPARED BY:
nW~!I~c.
~NSULTI~!
... '" y y.L ....
6610 WILLOW PARK DRIVE
SUI TE 200
NAPLES, FLORIDA 34109
And
HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
1715 MONROE STREET
P.O. BOX 280
FT. MYERS, FL 33901-0280
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
417/05
6/28105
2005-34
Exhibit "A"
Agenda Item No. 8E
June 6, 2006
Page 59 of 132
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Agenda Item No. 8E
June 6, 2006
Page 60 of 132
TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance ii
Section I Property Ownership and Description I-I
Section II Project Development Requirements U-I
Table I U-2
-
Section III Residential Development Standards ill-I
Table II Ill-3
Section IV Recreation Area N-I
Section V Preserve Area V-I
Section VI Development Commitments VI-!
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Agenda Item No. 8E
June 6, 2006
Page 61 of 132
LIST OF EXHIBITS. TABLES. AND APPENDICES
EXHIBIT "An
RPUD MASTER PLAN
EXHIBIT "B"
BOUNDARY SURVEY
EXHIBIT "C"
VICINITY MAP
PROJECT LAND USE TRACTS
TABLE I
TABLE II
DEVELOPMrnNTSTANDARDS
TABLE III
MEDIAN INCOME 2005
APPENDIX "A"
TYPICAL CROSS SECTIONS
CONCEP11JAL WATER MANAGEMENT
PLAN
APPENDIX .'B"
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Agenda Item No. 8E
June 6, 2006
Page 62 of 132
STATEMENT OF COMPLIANCE
The development of approximately- 131 acres of property in Collier County, Florida as a
Residential Planned Unit Development (RPUD) to be known as the Palermo Cove RPUD shall
comply with the goals, objectives and policies of Collier County as set forth in the Growth
Management Plan (GMP). The residential and recreational facilities of Palermo Cove RPUD are
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives of each of the elements of the GMP for the following reasons.
I. The subject property for development is within the Urban (Urban Mixed-Use District,
Urban Residential Sub-district) as identified on the Future Land Use Map as provided for
in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses
contemplated are consistent therewith.
2. The project is proposed to be a residential development located within the Urban (Urban
Mixed-Use District, Urban Residential Sub-district), as identified on the Future Land Use
Map from the FLUE, of the Collier County GMP. The Density Rating System of the
FLUE provides for a base density of four (4) dwelling units per gross acre. The proposed
density of Palermo Cove RPUD is 4.0 units per gross acre, or 524 units, and is therefore
consistent with the FLUE, Policy 5.1. of the Collier County GMP.
3. The development standards contained in this Document, combined with the requirements
of the Land Development Code (LOC) will insure that the proposed development will be
compatible with and complementary to existing and planned sUlTOunding land uses as
required by Policy 5.4 of the FLUE.
4. The development commitments and standards contained in this Document, as well as the
requirements of the LDC will assure compliance with Policy 3.1 of the FLUE.
5. The Palenno Cove RPUD is consistent with and furthers Policy 5.5 of the FLUE in that it
is using existing land zoned (designated) for urban uses.
6. The Palermo Cove RPUD implements Policy 5.6 of the FLUE in that more than 60010 of
the project will be open space or reserved for conservation purposes.
7. The Master Development Plan, with its extensive natural area, lakes and open space
areas, and with its low residential density, will insure that the developed project will be
an attractive and enjoyable residential development.
8. The project shall comply with the provisions of Chapter 6.02. and Section 10.02.07 of the
LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use
Element.
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Agenda Item No. 8E
June 6, 2006
Page 63 of 132
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name ofthe Palermo Cove RPUD.
1.2 LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR PARCEL nAft
PARCEL OF LAND SITUATED IN SECTION 34. TOWNSHIP 48 SOUTH, RANGE
26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARL Y
DESCRIBED AS FOLLOWS.
COMMENCING AT THE EAST 114 CORNER OF SECTION 34, TOWNSHIP 48
SOUTH. RANGE 26 EAST, OF COLUER COUNTY. FLORIDA; THENCE ALONG
THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34,
N.89051'SO"W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST
RIGHT-OF-WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING THE POINT
OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;THENCE CONTINUE
ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4. N.89051'SO"W.. A
DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34; TIlENCE
LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE
WEST LINE OF THE SAID NORTHEAST 1/4, N.0201S'21"W.. A DISTANCE OF
668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING TIlE WEST
LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTIl LINE OF THE
SOUTH 112 OF THE SOUTHWEST 114 OF THE SAID NORTHEAST 1/4.
S.89052'42"E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTIiEAST 1/4;
THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4
OF THE SAID NORTHEAST 1/4, S.02015'10"E., A DISTANCE OF 334.65 FEET. TO
THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4;
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Agenda Item No. 8E
June 6, 2006
Page 64 of 132
THENCE ALONG THE SOUTH LINE OF THE NORTH II2 OF THE SOUTH 112 OF
THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 114, S.89052'16"E., A
DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT-OF-WAY;
THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.02014'59"E., A DISTANCE
OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN
DESCRIBED;
CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999)
ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE
FLORIDA EAST ZONE.
LEGAL DESCRIPTION FOR PROPOSED PARCEL "B"
PARCEL OF LAND SITUATED IN SECTION 34. TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARL Y
DESCRIBED AS FOLLOWS.
COMMENCING AT THE EAST 114 CORNER OF SECTION 34. TOWNSHIP 48
soum, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34,
N.89051'50"W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID
SECTION 34; THENCE LEAVING THE SO urn LINE OF THE SAID NORTHEAST
1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4,
N.02015'21 "W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL "B" HEREIN
DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST
1/4 AND ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
THE NORTHWEST 1/4 OF SAID SECTION 34, N.89052'OS"W., A DISTANCE OF
2642.61 FEET. TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
SOUTH 1/2 OF THE NORTHWEST 114 OF SAID SECTION 34 AND BEING A
POINT ON THE EAST LINE OF ISLAND WALK PHASE FIVE "A", AS RECORDED
IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAlD
NORTHWEST 1/4. N.02013'33"W., A DISTANCE OF 1337.54 FEET, TO THE
SOUTHWEST CORNER OF INDIGO PRESERVE. AS RECORDED IN PLAT BOOK
40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C-3" OF SAID
INDIGO PRESERVE, S.89052'34"E.. A DISTANCE OF 1320.95 FEET. TO THE
SOUTHEAST CORNER OF SAID TRACT lIe-3"; THENCE ALONG THE EAST
LINE OF SAID TRACT "C-3", N.020lJ'51"W., A DISTANCE OF 668.93 FEET, TO
THE SOUTHWEST CORNER OF TRACT "C-4tt OF SAID INDIGO PRESERVE;
1-2
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Agenda Item No. 8E
June 6, 2006
Page 65 of 132
THENCE ALONG THE soum LINE OF SAID TRACT "C-4" , S.89052'39"E., A
DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT
"C-4"; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C-4" AND
ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02015'21 "E., A
DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B"
HEREIN DESCRIBED;
CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE 1983 NORTII AMERICAN DATUM (1999)
ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE
. FLORIDA EAST ZONE.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Elias Brothers Communities at Palenno Cove, Inc. (Folio Nos. 00204760900. and
00203920000).
Elias Brother Communities at Palenno Cove, Inc. have the following properties under
contract for purchase: .
Eleanor H. Rosenman Trust (Folio No. 00203400009);
Harry Rosenman (Folio Nos. 00204000000. and 00203480003);
Nonna M. Fleming Trust (Folio No. 00203720006);
Harvey Brothers Fanns, Inc. (Folio No. 00203760008);
Allen M. Rosenman Trust (Folio No. 00203440001), and
Michael D. Rosenman (Folio No. 00203360000).
1.4 DEVELOPER
The Palermo Cove RPUD is intended to be developed by Elias Brothers Communities at
Palenno Cove. Inc. All reference to the "developer" as may be contained in this RPUD
Document shall mean Elias Brothers Communities at Palermo Cove Inc., unless, and
until the subject property descn'bed and depicted in this RPUD Document is sold It is
the responsibility of Elias Brothers Communities at Palermo Cove. Inc. to notify Collier
County, in writing, of the land conveyance, of the subject property dcscn'bcd and
depicted in this RPUD Document within six months of the actual conveyance.
1-3
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Agenda Item No. BE
June 6, 2006
Page 66 of 132
1.5 PHYSICAL DESCRlPTIO~
Tbe development property is located in the east half of Section 34. Township 48 South,
Range 26 East. The proposed project site is presently undeveloped, but portions of the
property have been disturbed by clearing and off-road vehicle use. HistoricaIJy timbering
and cattle grazing have occulTed on the property. The property's jurisdictional wetlands
have been infested with the exotic species Melaleuca. Tbe property is generally without
topographic relief, with elevations ranging from 12.4 feet to 13.7 feet above mean sea
level. The site contains areas of jurisdictional wetlands that are characterized as
transitional wetlands in which the predominant vegetation is a mix of pine and cypress
and associated upland and wetland plants with a mixture of Melaleuca.
The water management system consists of approximately 10 acres of water management
areas that will receive nm-off from structures and parking areas. Run-off wilJ be
collected by catch basins and culvert systems for conveyance to the project's intemallake
system. The lakes are interconnected by culverts and/or the preserve areas, with project
outfan being at the project's southwest comer. Discharge will be into the wetland
preserve in the southwest portion of the project site. Flow win continue overland to
eventually be conected into the Islandwalk water management system, with ultimate
discharge into the 1-75 Canal in acconiance with Conier County Ordinance No. 90-10, as
amended, which incotporates the Harvey Basin Study.
1.6 PROJECT DESCRIPTION
The Palenno Cove RPUD shall be a residential development consisting of detached
single-filmily villas and attached single-family villa residences. The amenities proposed
to be provided in the project include structures and areas to provide sociaJ and
recreational space, lakes, natural and landscaped open spaces, and a variety of passive
and active recreational opportunities. It is anticipated that the project will have a single
clubhouse tract that will be developed with the actual clubhouse and outdoor recreational
improvements including swimming pools, tennis courts, a playground, and potentially a
basketball court and volley ball court.
the property will be accessed by Wolfe Road on the west side of Collier Boulevard.
That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee
Road is planned to be improved with a six-lane divided roadway, programmed to
commence construction in 2005 (Capital Road Project #65061).
Each residential unit shall be served with centrally provided potable water, sanitary
sewer, electric power, and telephone. Additional services shall be provided as deemed
appropriate.
1.7 SHORT TITLE
This Ordinance shan be known and cited as the "Palermo Cove Residential Planned Unit
Development Ordinance".
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Agenda Item No. 8E
June 6, 2006
Page 67 of 132
SECTION U
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the Palermo Cove RPUD development, as well as other project relationships.
2.2 GENERAL
-
A. Regulations for development of the Palermo Cove RPUD shall be in accordance
with the contents of this Document, the RPUD-Planned Unit Development
District _ and other applicable sections and other applicable sections and parts of
the Collier County LDC and GMP in effect at the time of building permit
application. Where these RPUD regulations fail to provide developmental
standards, then the provisions of the most similar district in the County LDC shall
apply.
B. This RPUD Document and attendant RPUD Master Plan is tailored to provide
specific development standards for the residential product proposed by the
developer.
C. Unless otherwise noted, the defmitions of an tenDS shall be the same as the
defmitions set forth in the Collier County LDC in effect at the time of building
permit application.
D. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Palermo Cove RPUD shall become part of the
regulations that govern the manner in which the RPUD site may be developed.
E. Unless modified. waived or deviated from by this RPUD, the provisions of other
sections of the LDC, where applicable, remain in full force and effect with respect
to the development .of the land that ~omprises this RPUD.
F. Development permitted by the approval of this petition shall be subject to a
concurrency review under the provisions of Chapter 6.02.00 and Section
10.02.07, Adequate Public Facilities, of the County LOC.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Mastcr Plan, including layout of streets, sidewalks, pedestrian trails
and use of land is illustrated graphically by Exhibit "An, RPUD Master Plan.
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Agenda Item No. 8E
June 6, 2006
Page 68 of 132
TABLE I
PROJECT LAND USE TRACTS
~ UNITSIFT. ACREAGE:t:
TRACT "R" RESIDENTIAL 524 90
TRACT "RA" RECREATION AREA 0 3
TRACT "P" PRESERVE 0 38
B. Areas illustrated as lakes on Exhibit "A" shall be constructed as lakes Of, upon
approval, parts thereof may be constructed as shallow, intennittent wet and dry
depressions for water retention purposes. Such areas shall be in the same general
configuration and contain the same gen~ acreage as shown by Exhibit "At>.
Minor modification to all tracts, lakes or other boundaries may be permitted at the
time of fmal plat or site development plan approval, subject to the provisions of
Sections 10.02.05. and 10.02.03. respectively, of the Collier County LDC, or as
otherwise pennitted by this RPUD Document.
C. In addition to the various areas and specific iteI'ns shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within
or along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 524 residential dwelling units (including attached and detached single-
family villas), may be constructed in the total project area. The gross project area is
approximately 131 acres. The gross project density, therefore, shall be a maximum of 4.0
dwelling units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to fmallocal development order issuance for all or part of the RPUD, fmal
plans of all required improvements shall receive approval of the appropriate
Collier County governmental agency to insure compliance with the LOC.
B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development
Plan. Any division of property ai1d the development of the land shall be in
compliance with Section 10.02.04. of the Collier County LOC. and the platting
laws of the State ofFJorida.
C. The provisions of Section 10.02.03. of the Collier County LOC, when applicable,
shall apply to the development of all platted tracts, or parcels of land as provided
in said Chapter prior to the issuance of a building permit or other development
order
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Agenda Item No. 8E
June 6,2006
Page 69 of 132
D. Appropriate instruments shall be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
E. No side-yards shall be required between units, where multiple Wlits, intended for
fee simple conveyance, including each individual lot, are contained in a single
principal structure.
2.6 LAKE SETBACK AND EXCAVATIONS
A. Lake setbacks shall confonn with the requirements described in Section 22-122(a)
of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances.
Lakes may be excavated to the maximum commercial excavation depths set forth
in Section 22-1 12(c) ofOrdi.nance No. 04-55, of the Collier County Code of Laws
and Ordinances. Removal of fill from the Palcnno Cove RPUD shall be limited
to an amount up to ten percent (10%) (to a maximum 20,000 cubic yaids), of the
total volume excavated unless a commercial excavation permit is received.
2.7 RIGHTS-OF-WAY
A. All platted project streets shall have a minimum SO-foot right-of-way. Deviation
1 from Sub-section 6.06.01(0) of the LDC, for cul-de-sac and local streets, and
WC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and
Section III, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the
Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See
Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan).
These streets shall be private, and shall be classified as local streets.
B. Utilization of areas within all project rlgbts-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
c. Tangents between reverse curves are not required for any local street design in
this RPUD. Deviation 2 from Section III, Exhibit "A", Design Requirements for
Subdivisions C.13.j. of the Administrative Code for Collier County ConstIUction
Standards Manual adopted through Ordinance No. 2004-66 .
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Agenda Item No. 8E
June 6, 2006
Page 70 of 132
2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments may be made to this RPUD Document or RPUD Master
Development Plan, Exhibit "A", as provided for in Subsection 10.02.13.E. of the Collier
County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this
RPUD Document may be made in connection with any type of development or permit
application required by the Collier County LOC.
2.9 DEDICA TION AND MAINTENANCE OF COMMON AREAS & FACIUTIES
Easements shall be provided for water management areas, rights-of-way, and utilities.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of aU service utilities in compliance with applicable
regulations in effect at the time of adoption of this Ordinance establishing the Palermo
Cove RPUD.
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of residential units or real property within the Palermo Cove RPUD, the
developer shall provide appropriate legaJ instruments for the establishment of a property
owners' association, or master condominium association whose function shall include
provision for the perpetual care and maintenance of all common facilities and open space,
subject further to the provisions of Section IO.02.13.L. of the Collier County LOC. .
2.10 MODEL, SALES, AND CONSTRUcnON OPERATION FACILITIFS
A. Models. sales/rental centers and other uses and structures related to the promotion
and sale and/or rental of real estate sucb as, but not limited to. pavilions. viewing
platforms. gazebos, parking areas, and signs, shall be permitted principal uses
throughout the Palermo Cove RPUD subject to the requirements of Chapter
5.04.04. of the Collier County LOC.
B. Temporary use pennits for sales centers, and model homes may be approved
subsequent to zoning approval, and prior to final plat approval, subject to the
provisions of Subsection 5.04.04.B.5.c. of the LOC. However. Palermo Cove
may have one model home representing each type of residential product. The
number of model homes may exceed five, but sball not exceed a total of eight
Deviadon 3 from LOC Section 5.04.04.B.5.c. that limits the total number of
model homes in a single development to five.
C. Temporary use permit applications, and associated site development plan (SDP)
application(s) for residential models, may be submitted concurrently with
applications for improvement plans to depict the location of the model units
within a future platted lot. All model units shall be located on lots that shall be
platted through subsequent development order approvals.
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Agenda Item No. 8E
June 6, 2006
Page 71 of 132
D. Temporary uses for sales centers may be served by temporary well and septic
systems.
E. A portion of the clubhouse facilities may be used as a permanent sales facility to
be utilized to market residential products, including the re-sale of residences
within the boundaries of the Palermo Cove RPUD.
2.11 CLUBHOUSE
Construction approvals for the clubhouse and related common recreational facilities may
be approved subsequent to zoning approval, but not prior to approval of the final plat by
the Board of County Commissioners pW'Suant to Subsection 10.02.04. A.4.d. of the LOC.
The clubhouse and related facilities may be submitted for concurrent review with the
plans and plat, but remain subject to the above-referenced approval requirement of the
LOC.
2.12 FILL STORAGE
Notwithstanding the provisions of Section 4.06.04. of the Collier County LOC, fill
storage is generally permitted as a temporary principal use throughout the Palermo Cove
RPUD. Fill material generated may be stockpiled within areas designated for residential
development. Prior to stockpiling in these locations, a vegetation removal and site filling
permit, along with plans showing the locations and cross-sections shall be submitted to
Collier County Planning Services StatT for review and approval. The following standards
shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: thirty-five (35) feet
C. Fill storage areas shall be screened with a security fence at least six (6) feet in
height above ground level. If fill is spread to a height less than five feet over
residential development areas that are depicted on an approved SOP, or approved
subdivision improvement plans, no fencing is required.
O. Soil erosion control shall be provided in accordance with Subsection lO.02.02.C.
of the LOC.
E. Fill storage shall not be permitted in preserVe areas.
F. Fill shall be stored on site for the maximum length of time of twenty-four (24)
months. This period may be extended through the written permission of the
Planning Services Director.
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Agenda Item No. 8E
June 6, 2006
Page 72 of 132
2.13 REQUIRED ENVIRONMENTAL PERMITfING
Where the development of land within the Palermo Cove RPUD requires an
environmental permit from a local, State, or Federal agency with jurisdiction over the
property proposed for development, the developer shall obtain such permits prior to final
development order approval.
2.14 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.07 of the Collier County LOC. a minimum of
14.2 acres (25% of the native vegetation on site) is required to be retained or replanted.
Tract "P", contains approximately 38 acres. For the purposes o( this RPUD. the Preserve
Tract will fully satisfy the native vegetation requirements ofColIier County.
Viable, naturally functioning native vegetation areas do not include those areas of
vegetation that have a seventy-five percent (7S%). or greater canopy coverage of exotic
species.
Appendix "A", Typical Cross Sections. sets forth details related to separation of
structures from native vegetation preserve areas.
2.15 RPUD INTERFACE WITH ZONING TO THE NORm
The Palermo Cove RPUD is bounded on the north by a 9.4 acre property that is intended
to be rezoned to Golden Gate Fire Department (GGFD) Station 73 MPUD, to provide for
a community facility (Golden Gate Fire Control and Rescue District Station 73). as wen
as the final 16 dwelling units in the attached single-family townhouse product line being
developed in the Summit Place In Naples Subdivision. The 9.4 acre parcel lying south
and adjacent to the proposed GGFD Station 73 MPUD will provide project access. as
well as access to the proposed fue station from Wolfe Road. It also provides for a water
management easement to benefit Collier County for the Collier Boulevard six-Ianing
project. This RPUD has been designed to share perimeter land use buffering and to
create contiguous adjoining conservation areas with both the proposed GGFO Station 73
MPUD and the developing Summit Place In Naples Subdivision. Stann water nm-otf
win be accepted from off-site areas to pass through the Palermo Cove master drainage
system.
2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection lO.02.13.C of the tDC, upon adoption of the RPUD Ordinance
and attendant RPUD Master Plan, the provisions of the RPUD Document become a part
of the LDC and shall be the standards for development of the RPUD.
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Agenda Item No. 8E
June 6. 2006
Page 73 of 132
SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A", Infrastructure,
perimeter land use buffers, as well as project signage shall occur within this Tract "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 524 dwelling
units.
33 USESPERN.UTTED
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 uses:
A. Principal Uses:
I) Single-family attached dwellings (including townhouses intended for fee
simple conveyance including the platted lot associated with the residence);
2) Villa/patio dwellings (detached single-family dwellings of a smaller scale
than the typical single-family detached dwelling.);
3) Model homes (See Section 2.1 0 ofthis RPUD Document);
4) Project sales, constroction and administrative offices, which may occur in
residential, and/or in temporary buildings (See Section 2.10 of this RPUD
Document).
B. Accessory Uses:
I) Customary accessory uses and structures including, but not limited to,
private garages, swimming pools with, or without screened enclosures,
and other outdoor recreation facilities.
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Agenda Item No. 8E
June 6, 2006
Page 74 of 132
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures, as applicable. Condominium, and/or homeowners' association
boundaries shall not be utilized for detennining development standards.
B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by
Sections 4.05.04 and 4.05.07 of the Collier County LDC in effect at the time of
building permit application.
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Agenda Item No. 8E
June 6, 2006
Page 75 of 132
TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE. PATIO HOME CLUBHOUSE/
STANDARDS FAMILY & VILLAS RECREA nON
ATTACHED & BUILDINGS
TOWNHOUSE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F.
MINIMUM LOT WIDTH 2S FEET 40 FEET N/A
MINIMUM FLOOR AREA 1,000 S.F. 1,500 S.F. N/A
MINIMUM FRONT YARD 20 FEET 20 FEET N/A
MINIMUM SIDE YARD o FEET or 3 FEET or N/A
6 FEET 9 FEET
MINIMUM REAR YARD I S FEET 20 FEET N/A
MINIMUM PRESERVE 2S FEET 2S FEET 2SFEET
SETBACK
MINIMUM DlST.
BETWEEN STRUCTURES 12 FEET 12 FEET N/A
MAXIMUM BLDG. HT. }. STORIES 2 STORIES 2 STORIES
NOT TO EXCEED 35 FEET 35 FEET 35 FEET
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S. 20 FEET
SIDE S.P.S. S.P.S lo7 BH
REAR (ATIACHED) 5 FEET 5 FEET 10 FEET
(DETACHED) 20 FEET 20 FEET 20 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET
MINIMUM DIST.
BETWEEN STRUCTURES 12 FEET 12 FEET greater of 15 feet
or~BH
MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 2 STORIES
NOT TO EXCEED 3S FEET 35 FEET 3S FEET
S.P.S.: Same as Principal Structures.
BH: Building Height
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Agenda Item No. SE
June 6, 2006
Page 76 of 132
The location of structures .proposed adjacent to a lake may have no setback from the
lake maintenance easement.
2)
3)
No structures are pennitted in the required 20-foot lake maintenance easement.
For all residential units, garages shall be located a minimum of 23 feet from the back
of the sidewalk located in the street rights-of-way closest to the garage, except for
side loaded garages, wherein a parking area 23 feet in depth shall be provided to
avoid vehicles being parked across a portion, or all of the referenced sidewalk.
4)
Side Yards - No side yard shall be required between QIlits when more_ than one
residential unit is in a single structure (ie: attached single-family and townhomes).
V BI)'ing side yards are provided for to allow side entry garages and to maintain the
required separation between buildings.
5)
No structure shall encroach into a required landscape buffer nor any landscape buffer
that is adjacent to a lake maintenance easement.
6)
Patio homes and villas (detached single-family dwellings of a smaller scale than the
typical single-family detached dwelling), shall have minimum side yards of either 3
feet, or 9 feet, with a minimum separation between structures on different lots of 12
feet.
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Agenda Item No. 8E
June 6, 2006
Page 77 of 132
SECTION IV
RECREATION AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function
and purpose of this Tract is to provide for social and recreational areas/spaces as an
amenity for the residents of the project.
4.2 USES PERMITTED
No building or structure or part thereof, shalJ be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, state and
federal pennits, when required:
A. Principal Uses:
1) Structures intended to provide social and recreational space (private,
intended for use by the residents and their guest only).
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive
and/or active water features.
3) Any other principal use, which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
B. Accessory Uses:
I) Customary accessory uses or structures incidental to recreation areas and, Of
facilities, including stnlctures constructed for purposes of maintenance,
storage or shelter with appropriate screening and landscaping.
4.3 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel Of lot boundary lines, Of between
structures. Condominium, and/or homeowners' association boundaries shall not
be utilized for determining development standards. Development standards for
Tract RA are contained in Table II of this Document There shall be a minimum of
a 20 foot separation of recreational building(s) from aU residential units.
B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by
Sections 4.05.04. and 4.05.07. of the Collier County LDC iQ. effect at the time of
building permit application.
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Agenda Item No. 8E
June 6, 2006
Page 78 of 132
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state.
Tract P is designated as a preserve, but it is also used as a storm water flow-way for this
project and surrounding properties.
5.2 USES PERMITTED
No building or structure or part thereo~ shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, state and
federal permits, when required:
A. Principal Uses:
I ) Native preserves.
2) Water management structures.
3) Mitigation areas.
4) HUcing trails, boardwalks, shelters, or other such facilities constructed for
the purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by pennitting agencies.
B. Flowway: Tract P is used as a flow-way for storm water, and as such will
also be placed in a drainage easement that will allow for maintenance
activities to be performed to ensure that the flow-way always functions
properly.
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Agenda Item No. 8E
June 6, 2006
Page 79 of 132
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with site development plans, final
subdivision plats (if required), and all applicable State and local laws, codes, and
regulations applicable to this RPUD. Except where specifically noted or stated otherwise,
the standards and specifications of Section III, Exhibit "An, Design Requirements for
Subdivisions of the Administrative Code for Collier County Construction Standards
Manual adopted through Ordinance No. 2004-66 shall apply to this project, even if the
land within the RPUD is not to be platted. The developer, its successors and assigns, shall
be responsible for the commitments outlined in this Document
The developer, its successors or assignees, shall follow the Master Plan and the regulations
of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in
the rezoning of the property. In addition, any successors or assignee in title to the
developer is bound by the commitments within this Document. These commitments may
be assigned or delegated to a condominium! homeowners' association to be created by the
developer. Upon assignment or delegation, the developer shall be released from
responsibility for the commitments for that portion of the project turned over to such
condominiumlhomeowners' association.
6.3 RPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries. or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase such as final platting or SDP application. Subject
to the provisions of Subsection 10.02:1 3.E. of the LDC, amendments may be made
from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all services and all common
areas in the project.
VI-l
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Agenda Item No. BE
June 6, 2006
Page 80 of 132
C. The Community Development and Environmental Services Administrator, or -his
designee, shall be authorized to approve minor changes and refmements to the
Palenno Cove RPUD M.aster Plan upon written request oftbe developer.
I) The following liinitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County GMP and the Palenno Cove RPUD Document.
b. The minor change or refinement shall not constitute a substantial change
pursuant to Subsection IO.02.13.E. of the Collier CountyLDC.
c. The minor change or refmement shall be compatible with adjacent land
uses and shall not create detrimental impacts to abutting land uses,
water management facilities, and preserve areas within, or external to
the RPUD boundaries.
2) The following shall be considered minor changes or refmements, subject to
the limitations of Subsection IO.02.13.E. of the LDC:
a. Reconfiguration of preserve areas, in accordance with the LOC, as a
result of regulatory agency review and permitting. There may be no
overall decrease in Preserve Area.
b. Reconfiguration of lakes or other water management facilities where
such changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
c. Internal realignment of roadways and interconnection 10 off-site areas,
other than a relocation of access points from publicly maintained
roadways (i.e.: State or County roadways), to the RPUD itself, where no
water conservation/preservation areas are affected, or otherwise
provided for.
d. Reconfiguration of residential parcels when there is no proposed
encroachment into preserve areas, except as provided for in Paragraph
6.3.C.2.)a above. .
3) Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the Administrator's consideration for
approval.
4) Approval by the Administrator of a minor change or refmement may occur
independently from, and prior to any application for subdivision (if
required), or SDP approval, however, the Administl1ltor's approval, shall
not constitute an authorization for development or implementation of the
minor change or refmement without flJ'St obtaining aU applicable County
permits and approvals.
VI-2
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Agenda Item No. 8E
June 6, 2006
Page 81 of 132
6.4 SCHEDULE OF DEVELOPMENTIMONITORlNG REPORT AND SUNSET
PROVISION
A. This RPUD is subject to the Sunset Provisions of Subsection 10.02.13.D of the
LOC.
B. An annual RPUO monitoring report shall be submitted pursuant to Subsection
IO.02.l3.F. of the LOC.
6.5 TRANSPORTATION
The development of this RPUO shall be subject to and governed by the following
conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FOOT) Manual of Uniform
Minimum Standards (MUMS). current edition, FOOT Design Standards, current
edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current
edition. All other 'improvements shall be consistent with and as required by the
Collier County LOC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the first certificate of occupancy (CO).
C. Site-related improvements necessary for safe ingress and aggre8s to this project, as
determined by Collier County Transportation Staff, shall not be eligible for impact
fee credits. All required improvements shall be in place and available to the public
prior to the issuance of the first CO.
O. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13,
as amended, and Sections 6.02.00, and 10.02.07. of the LOC, as it may be
amended.
E. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
F. All proposed median opening locations shall be in accordance with tbe Collier
County Access Management Policy (Resolution 01-247), as it may be amended,
and the LOC, as it may be amended. Collier County reserves the right to modify or
close any median opening existing at the time of approval of this RPUD which is
found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
G. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither shall the ~xistence of a point of
ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for
any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
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Agenda Item No. 8E
June 6, 2006
Page 82 of 132
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer. Collier County shall have no J'eSponsibility for maintenance of any such
facilities. .
I. If any required turn lane improvement requires the use of existing County rights-of-
way or easements, compensating rights-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
J. If, in the sole opinion of Collier County Transportation Staff, a traffic signal, or
other traffic control device, sign or pavement marking improvement within a public
right-of-way or easement is detennined to be necessary. the cost of such
improvement shall be borre by the developer and shall be paid to Collier County
before the issuance of the first CO.
K. Adjacent developments have been- designed to provide shared access or
interconnections with this development Tbe RPUD Master Plan indicates these
locations. The developer. or assigns. shall asSW'e that any such shared access or
interconnection is utilized and shall accommodate the peIpCtUal use of such access
by incorporating appropriate language into the development covenants or plat
L Wolf Road east/west stonn water drainage will be incorporated into the storm
water drainage system of this RPUD.
M. Section G-G on Sheet 5 of 5 of the RPUD Plans Set reflects the street cross-section,
as mandated by the Collier County Transportation Division.
N. The project ac:ess shall only be from Vanderbilt Beach Road, via improved
Pristine Drive (aka: Wolf Road North-South). until the earlier of either October I,
2007. or the completion of the Collier Boulevard six-Ianing project.
6.6 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction pennits shall be issued
unless and until Planning Services Staff grants approval of the proposed
construction in accordance with the approved plans.
B. An excavation permit will be required for the proposed lakes in accordance with
the Collier County Code of Laws and Ordinances and South Florida Water
Management District Rules.
C. The project shall obtain a Surface Water Management P~t from the South
Florida Water Management District prior to any site development pIan approval
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Agenda Item No. 8E
June 6, 2006
Page 83 of 132
6.7 UTIUTIES AND ENGINEERING
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions: .
A. Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with CoIlier County Ordinance No. 04-51, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County
in accordance with the County's established rates.
6.8 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental pennitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Environmental Services Department Removal of exotic vegetation alone shall not
be the sole component of mitigation for impacts to Collier County jurisdictional
wetlands.
B. All conservation/preservation areas sball be designated as preserves on all
construction plans and, if tbe project is platted, shall be recorded on the plat with
protective covenants per or similar to Section 704.06 of the Florida Statutes.
Preserve areas shall be dedicated on the plat to the project homeowners' association
or like entity for ownership and maintenance responsibilities and to Collier County
with no responsibility for maintenance. In the event the project does not require
platting, all conservation areas shall be recorded as conservation easements
dedicated to the project's homeowners' association or like entity for ownership and
maintenance responsibility and to Collier County with no responsibility for
maintenance.
C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of the wetland preserves in aU places, and averaging
twenty-five (25) feet from the landward edge of wetlands. Where natural buffers
are not possible, structural buffers shall be provided in accordance with the State of
Florida Environmental Resource Permit Rules, and be subject to review and
approval by Environmental Services Department.
D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to "lis~ed species"'. Where
protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to the Environmental Services Department for
review and approval prior to final site plan/construction plan approval.
VIeS
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Agenda Item No. 8E
June 6, 2006
Page 84 of 132
E. All Category I invasive exotic plants, as deflDed by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual
removal of these plants. (in perpetuity) shall be the responsibility of the property
owner.
F. A Preserve Area Management Plan shall be provided to Environmental Services
Staff for approval prior to site/construction plan approval identifying methods to
address treatment of invasive exotic species, fire management, and maintenance.
G. The RPUD shall be consistent with the Conservation and Coastal Management
Element of the Collier County GMP in effect at the time of final development order
approval.. Tbe RPUD shall be consistent with the LDC except as provided for
within this Ordinance.
H. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to fmal site plan! construction plan approval.
I. Areas that fulfill the native vegetation retention standards and criteria of the GMP
shall be set aside as preserve areas.
J. All principal structures shall have a minimwn setback of 2S feet from the boundary
of any preserve. Accessory structures and aU other site alterations shall have a
minimum 10- foot setback. Where jurisdictional wetlands arc a component of a
preserve, a structural buffer shall be required to utilize the 10 foot setback. .
6.9 PLANNING
A. 1be development agreements between Elias Brothers Communities and Wolf
Creek, Limited Partnership, Waterways Joint Venture N. and the Golden Gate Fire
District, shall be executed and provided to Zoning and Land Development Review
Staff prior to the Board of County Commissioners public hearing for this rezone
petition.
B. The project shall be phased such that up to 260 dwelling units may receive
certificates of occupancy prior to September 31.2007. The Phase 1 dwelling units
shall be limited to twenty (20) certificates of occupancy for each month
commencing September 1,2006, and ending September 30,2007. The remaining
dwelling units pennitted by this RPUD may receive certificates of occupancy.
subsequent to October 1, 2007. without limitation.
VI-6
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Agenda Item No. BE
June 6, 2006
Page 85 of 132
6.10 INTERMEDIATE GAP HOUSING UNITS
A. Ten (10%) percent of the dwelling units requested at the final local development
order approval stage of development for plattin$, or site development plan, shall be
sold by the developer to individuals, or famihes that earn between one hundred
(100%) percent and one hundred twenty five (125%) percent of the Collier County
median family income. For the purposes of this RPUD, these specific units shall be
described as "intennediate gap housing units". The median income of the area as
defined by the U.S. Departtnent of Housing and Urban Development (HUD) shall
be the then current median income for the Naples Metropolitan Statistical Area,
established periodically by HUD and published m the Federal Register, as adjusted
for family SIze as shown on the tables attacbed below,
which Table shall be automatically adjusted 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
developer and the County shall mutually agree to another reasonable and
comparable method of computing adjustments in median income.
TABLE III
MEDIAN INCOME 2005
Naples, MSA (Collier County)
! A 1 ~ ~ i 7 !
-
100% 48,890 55,805 62,805 69,805 75,390 80,975 86,585 92,110 .
105% 51,335 58,595 65,945 73,295 79,160 85,024 90,914 96,716
110% 52,812 60,264 67,824 75,834 81,432 87,480 93.528 99,468
115% 55,746 63,612 71,592 79,572 85,956 92,340 98,724 104,994
120% 58,680 66,960 75,360 83,760 90,480 97,200 103.920 110,520
125% 61,614 70,308 79,128 87,948 95,004 102,060 109,116 116,046
B. The following limitations and perfonnance standards shall be adhered to:
I). No intermediate gap housing unit in the development shall be sold by the
developer to those whose household income has not been verified and certified
to be equal to, or less one bundred twenty five (125%) percent of the median
family income for Collier County, and that the applicant is a "first time home
buyer" as defined by Collier County Ordinance Number 2000-69. Such
verification and certification shall be the responsibility of the developer an4
shall be submitted to the County Manager, or his designee. for approval.
2) No intermediate gap housing unit shall be sold, or otherwise conveyed, to a
buyer whose household income has not been verified and certified in
accordance with Section 6.10.A of this RPUD Document. It is the intent of this
section to keep intennediate gap housing as such; therefore. any person who
buys an intennediate gap housing unit from the developer shall agree, in a lien
instrument to be recorded with the Clerk of the Circuit Court of Collier County,
Florida, that if the intennediate gap housing unit is sold, (including the land
andlor the unit) within 15 years after his original purchase at a sales price in
excess of five percent per year of his original purchase price that the seller shall
VI-7
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Agenda Item No. BE
June 6, 2006
Page 86 of 132
pay to the COWlty an amoWlt equal to one-half of the sales price in excess of
five percent increase per year. Such payment shall be maintained in a
segregated fund. established by the County solely for affordable housing
purposes and such money shall be used to encourage. provide for. or promote
affordable housing in Collier County. The lien instnunent may be subordinated
to a qualifying flISt mortgage.
3) No intermediate gap housing unit in any building or structure in the
development shall be occupied by the developer. any person related to or
affiliated with the Developer, or a resident manager.
4) When the developer advertises, and sells, or maintains the intelD1ediate gap
housing unit, it must advertise, and sell, and maintain the same in a
nondiscriminatory manner. and make available any relevant ilformation to any
person who is interested in purchasing such intermediate gap housing unit. The
developer shall agree to be responsible for payment of any real estate
commissions and fees for the initial sale from the developer to the buyer.
5) These intermediate gap housing units shan be d~veloped in phases at the
discretion of the Developer.
6.11 AFFORDABLE HOUSING
A. The developer shan make a $250.000 contribution to The Empowerment Alliance
of Southwest Florida Community Development Corporation on or before
September 12, 2005 for the purposes of providing housing.
B. The developer shall convey a five acre parcel of land to Habitat For Humanity of
Collier County, Inc. within 90 days from the date of approval of this RPUD.
6.12 ACCESSORY STRUCTURES
Accessory structures may be constrocted simultaneously with, or following the
construction of tbe principal structure. A construction operation/management office. and
model center, may be constructed after zoning approval but before construction of any
principal structures.
6.13 SIGNS
Except as provided herein. all signs shall be in accordance with Chapter 5.06.00 of the
LDC in effect at the time of sign pennit approvals. The Golden Gate Fire Control and
Rescue District's illuminated off-site directional sign for Station 73 may be incorporated
into the residential ground or wall signage for Palermo Cove. Said signage for Station 73
is limited to the directional signage size prescribed by Subsection S.06.06.C.12.b.i.. and
would be in addition to the residential ground or wall signage provided for in Subsection
5.06.04.A.6.b. of the LDC. Deviation 4 from Section S.06.03.F. of the LDC where
illuminated signage is prohibited in residential zones. Deviation 5 from Section
S.06.06.C.] 2.a. where off-premise directional signage is prohibited in residential zones.
VI-8
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Agenda Item No. 8E
June 6, 2006
Page 87 of 132
6.14 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Palenno Cove RPUD, except in preserve areas. All landscaping shall be in
accordance with the Collier County LDC in effect at the time of building permit
application. The following standards shall apply:
A. Landscape benns shall have. the fonowing maximum side slopes:
1) Grassed berms 4:1
2) Ground covered berms 3:1
B. No toe-of-slope setback shall be required from the common property/tract
boundary of the residential tract (Tract R). and the proposed GGFO Station MPUD,
the Swnmit Place In Naples Subdivision, and Wolf Creek PUD. Cross-section C-
C, and 0.0 and F-F on Sheet 5 of 5 of the PUD Plans Set illustrates this common
benning. Deviation 6 from Subsection 4.06.0Sl. of the LDC where a five-foot
setback is required from a property line for the toe-of-slope, when the proposed
berm is wester than two feet in height.
C. Pedestrian sidewalks, bike paths, water management facilities and structures may
be allowed in landscape buffer areas, provided that the landscape buffer area is
increased by an equivalent width.
D. Landscape plantings associated with the attached single-family residential
buildings shall comply with Subsection 4.06.05.B.4. of the LOC.
E. No structure shall encroach into a required landscape buffer, nor any landscape
buffer that is adjacent to a lake maintenance easement.
6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for ofT-street parking areas shall be in accordance with Subsection
4.06.03.B. of the Collier County LDC in effect at the time of building pennit application.
6.16 POLLING PLACES
Pursuant to Sections 2.01.04. and 4.07.06. of the LOC, provision shall be made for the
future use of building space within common areas for the purposes of accommodating the
function of an electoral polling place, only if requested by the Supervisor of Elections.
An agreement between the developer and the Supervisor of Elections for the provision of
pollinS places shall be recorded in the Official Records oftbe Clerk of the Circuit Court of
Collier County. The Agreement shall be binding upon any and all successors in interest
that acquire ownership of such common areas including homeowners' 'associations.
VI-9
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Agenda Item No. 8E
June 6, 2006
Page 88 of 132
6.17 DEVIATIONS
A All platted project streets shall have a miIlimum SO-foot right-of-way. Deviation 1
from Subsection 6.06.01"(0) of the LOC, for cuI-dc-sac and local streets, and LDC
Appendix 32 and S3' for cul-de-sac and local streets respectively, and Section
III, Exhibit "A", Design Requirements for Subdivisions C.B.e. of the
Administrative Code for Collier CoUnty Construction Standards Manual adopted
through Ordinance No. 2004-66 , Typical Street Section, B-4 and B-5 which
requires 60 feet to allow 50 feet (See Appendix "A", Typical Cross Sections. and
Exhibit A, RPUO Master Plan), these streets shall be private, and shall be classified
as local streets. This deviation is found under Section 2.7 .A. of this RPUD
Document
B. Tangents between reverse curves are not required for any local street design in this
RPUD. Deviation 2 from Section III, Exhibit "A", . Design Requirements for
Subdivisions C.l3.j. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance No. 2004-66. This deviation is
found under Section 2.7.C. of this RPUD Document
C. Palermo Cove may have one model home representing each type of residential
product. The number of model homes may exceed five, but sbalI not exceed a total
of eight Deviation 3 from LDC Subsection S.04.04.B.5.c. that limits the total
number of model homes in a single development to five. 'Ibis deviation is found
under Section 2.10.B. of this RPUD Document
D. The Golden Gate Fire Control and Rescue District's illuminAted oft:.site directional
sign for. Station 73 may be incorporated into the residential ground or wall signagc
for Palermo Cove. Said signage for Station 73 is limited to the directional signage
size prescribed by Subsection 5.06.06.C.12.b.i., and would be in addition to the
residential ground or wall signage provided for in Subsection S.06.04.A.6.b. of the
LOC. Deviation 4 from Section 5.06.03.F. of the LDC where illuminated signagc
is prohibited in residential zones. Deviation 5 from Section S.06.06.C.12.a. where
off-premises directional signage is prohibited in residential zones.
E. No toe-of-slope setback shall be required from the common property/tract
boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD,
the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross-section C-
C, and I).D and F-F On Sheet 5 of 5 .of the PUD Plans Set illustrates this common
berming. Deviation 6 from Subsection 4.06.05.L of the LOC where a five-foot
setback is required from a property line for the toe-ot:slope, when the proposed
berm is greater than two feet in height This deviation ii found under Section
6.12.B. of this RPUD Document
VI- I 0
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June 6. 2006
Page 89 of 132
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Page 90 of 132
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Agenda Item No. BE
June 6, 2006
Page 91 of 132
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ELIAS BRC11'HDfS COAIMUNrrlES
AT PALERMO COVE. 1NC
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PALERMO COVE' RPUD
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Agenda Item No. BE
June 6. 2006
Page 92 of 132
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CROSS SECTIONS
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Agenda Item No. 8E
June 6,2006
Page 93 of 132
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""'Iu.u M01Hi:RSCCWMVHlT7ES -
AT PAlZRMO COVE INC
CONCEP'JU.AL WATER
MANAGEME:HT PLAN
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Agenda Item No. BE
June 6, 2006
Page 94 of 132
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-34
Which was adopted by the Board of County Commissioners
on the 28th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of July, 2005.
DWIGHT E. BROCK
Clerk of Courts' .aJltt~Cl:9..e.;;;k
Ex-officio to.....s:o:ar~.:or<"?t~ .....
County Commiei,d.ori~~at,.... "";5,. ~
: \,. i {.~!..: ," -J :.,:~
~.. _IA. a. ~;~>l .i}1 g
~ ~'1.;\ ;". .~.;. :......;.~f
". 1''- ...... ~ .,.,"-":;' ,.......
By: Linda A. "~P.e:~.;;,~/".----
" "Vi 3'" "'- \",'
Deputy Cler~,.,:.....,,\\\.\\'
Agenda Item No. 8E
June 6, 2006
Page 95 of 132
Octocer 18. 2005
DAVID H/.LL
15100 COLLIER BLVD
NAPLES, FL 34119
Re:DocumentNumberP03000149S70
The Articles of Amendment to t11<3 Articles of Incorporati011 Of EU:.S BSOTHEPS
COMMUNITIES AT PALER;,'~O COVE. INC. whicl1 chm!~'eu i~s 1~~l;TI") to ELL\S
BROTHERS COM~.J1UNITIES AI RAFF'IA PRESEF,VE, It,~:5., a Flor:'ja ccrporat>;::.
were filed on October 13, 2005.
Should you have any questions regard;ng this ma~ter, please telep!-;cne:; (850) 2.~:;-
6050, the Amendment Filing Sect:on.
Justin M Shivers
Document Specialist
Division of Corporations
Letter Number: 205AOOC63382
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314
Agenda Item No. 8E
June 6, 2006
Page 96 of 132
..\,'!ides of Amc:1d :~lcll t
to
Ari:idcs ofJr:c:'r;wration
of
Has Brothers Communities at Pc:lerma Cm/e, Inc.
(X.lmll uf coql(':',1Iiun ;1$ currcn~ly fi~..:J \\ it" ~he FINi.la : "ert. GI" ::\t:!l~ \
N0400000i'154
',Dl .:umcIH nUIllL>~r 01" c. 1rp..:,ra:i. '11 (if kI10\,:: I
Plll'S~:::'J~t {o1 Ih~ pnwi:;ions ,)f se-::il'l\ 607.1006, r-k,r~l~:1 StatLH~S. 11~;s f"/o/'it!r: Profit Corl'oi'Li;iv.'!
:IJ(}I~L,: lb: f0l\w;!n::;, :.lmt'nJll1enll,s} to ils .-\nicks u;' I:K:)rpoIralic'E:
:"FW CORFOR\TE N.." fE (if' l'~!:1::~~!":! \;
Elias 8rot;~ers Communities at RSITfa Presi~rv6. Inc.
- --..-----..------
l,\ I USt '':.In::~!11 Lh...' "'l: rd ",,:nr;h Ir:lli'~n I II IIC( I' '~p~l!ly.'1 l"r "ill~'llrl'\ I...~!t~d '/ or the al-.f- :"'':', : ..t il'n lit :,trp.," .. in" .:' ,_',1' "(:'.~. tI)
(.-\ rr,.L~;si,'nal Cl1rp"r:i:i"n Il;U,l':clIll,,:n t:.': ','.,)f.I"":1al1.:rc"". "pr,.ll,::.,;i,'o;II:I':" ., :tj -lI." ")" Ill..: ahbl: \.i::l:...n ~i',,~."1
A:\lf:'\D:\lE:\TS ..\I>OPTEIl- (OTIlEj~ T1L\~ \:'.~IE ("11:\\"1;:,:) li1J"_:Lh: :\rtk:t: ~umht:risi
;lJld/,',r .\niclc: Tillc:l. '>, b..:in~ anK'lll:",J. :Ll~l:t:J Dr J~'kt..:d: (H[ SI'UJ,~.~b)
(Auach additi.,ma! pn:;es if nc:cess;uy)
If an amendment provides for exchange, reclassification, or cancellation of issued s]nres, provisions
for implementing the amendment if not contained in the amendment itself: (ifnot applicable, indicate NiA)
(continued)
~.,
Agenda Item No. 8E
June 6, 2006
Page 97 of 132
The dat-e of e~lch ~\mendll1cn~(s) mlnpiOl:: 10/04/2005
Effccti\'u d~lte if ~lIlPHc:thk:
tllo ;nore than 90 day~ .Lft.:r amend:n..:nt fik J~::.:)
Adoption of Amcndmcnt(s)
(CHECK O:'\f)
o The amcndment(s) was "'\'~I"C: ::Ippl'Cl\'\~d by th.: sharcholdt'r-:, Thr: m~"i:"':; .:.f',"I!.'S I;ast for
th~ arnendl11ent(s) by thl: shlrcholders \-vas/were suflici~nll~)r :1p1'r,',' :::.
o The amendment{s) \\a:'\\l'r~ arpro\'~d by the shal'en()kkr:.; lhn)ugh y...tili:; gr')!:r-,;. T:';.'
following stalcml.nt 11111."1 ,r,.. sl'para:dy prc)l-j,t,'dji.1/' ,'CtC!i \'olri:I.': gr ';,',/; \:'I!lirl,'.l 10 1'01,'
separately 011 thl! amcl1,(w,'I1T(S}:
"The number of \'Ol~$ \.'ast rur the :lm~nd!l1~nu.s) \\"a~"', LT~ ~,\.1rn~:.:li t'l)r .,!y,r, ,\,:~ i b~
"
I l"ling b'r"\lp)
o Th~ amenJment( s) \\:t:;. \\'\.':'C ad0pl~J by the hl):tr,ll,j' dir..:\.'..)r:; ".\ it::, :.:'. ,hal\:!H,k!.:r :.t:tit:11
and shar.::holJl::r ;\l:\ j,.lI) \\ liS not r~qllin.:d.
o Th.: atm:mllll~n\(s) was.\n:n.: aduptcJ by Lh.... inwrp,'rat,)rs wi:I',,)t1l ~:l~:r,;Il\)!.J~T a..:tit.;) ar:d
shar~hokkr a.:liun was 1)\1; r~qllin.:d,
Signature
(By a director, president or I1thcr omccr - i:' Jirc-:II.lfS 0)1' Oi :icl'f, h.:';'~ 110t I.'cell
selected, by an incNporntor. if in the hn:ld; of n n:c.:ivcr. trl:'l~'';:, or Qthcr (;our:
appointeu liJuciary by that fiduciary)
Meir Alice ?ne-:- ~
(Typed l)r prinled nome of person si;,;nin:;)
Secretary
(Title of person signing)
FILING FEE: $35
Details
Agenda Item No. 8E
June 6, 2006
P'~fJgpt 132
Folio No. 00203920000
Owner Name ELIAS BROTHERS COMM PALERMO CV
Addre.... 4206 ENTERPRISE AVE # A7
City NAPLES I Staten FL I Zip. 34104 -7066
legal 34 48 2B 81/2 OF S1/2 OF
SE1/4 OF NE1/4 LESS RW DESC IN
OR 3584 PG 1328
Acres
9.43
I
Map No.
3B34
I Strap No'1
482634 017.0003834
100
99
ACREAGE HEADER
NON-AGRICUL rURAL ACREAGE
'11 Millage Area
36
2005 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
Land Value S 1.110,000.00
(+) ImDroved Value $0.00
(=) Market Value S 1.110,000.00
(-) SOH exempt Value SO.OO
(-) Assessed Value S1,110,OOO.00
(-) Homestead and other Exempt Value SO.OO
(=) Taxable Value $ 1,110,000.00
Date Book. PaAe Amount
091 2004 3635 = !t 72 $0.00
02/2004 3~6_Q4 S 1,000.00
12/2003 34l6.:.J 2.5.1 S 950,000.00
07 I 2002 3.06.~B31 $ 750,000.00
03/1992 1693 . .62:1 $0.00
SOH = "Save Our Homes. exempt value due to cap on 8S88Ssment
increases.
-
The InfOlTTlatlon 18 Updated Weekly.
httn:/ Iwww.collieraooraiser.com/RecordDetail.asp?FolioID=0000000203920000
4/12/2006
~
Agenda Item No. 8E
June 6, 2006
Page 99 of 132
prepllred by and return to:
Kathleen C. Passidomo, Esq.
Kelly, Passidomo, Alba & Canner, LLP
2390 Tamiaml Trail North Suite 20-1
Naples, FL 34103
239-161-3453
File Number: Rosenman P.I
Will Call No.: 86-01131
[Space Above Thi$ Line For Recording Dalal
Warranty Deed
This \Varranty Deed made thi~day of rr70rr: L ,2006 b!:tween Harry Rosenman and
Michael Rosenman and Allee McNeese, grantor, and Elias Brothers Communities At Ramll Preser\'c, [nc., n Fioridn
corporation whose post office address is 15100 Collier Blvd., Naples, FL 34119 , grnnt!:e:
(Wht.'I1CVt.T wed herein IhI: kTll1$ "srnnlOr" and "granlc.:- include all the pnrtit.'lI 10 Ihis inslrumenl mllJ lhe heif5, 1eg.11 r.:l'rescn~lliv...'lI. nnd a$signs Ill'
inJividWlI$. 11m! the SUCCt:ll.1On IInd l\.~ligrul of "orpo13lilln.~. Inls'" amluuslces)
\Vitnesseth, that said grantor. for and in consideration of the: sum ofTEN AND NO/IOO DOLLARS ($ 10.00) and Olhc:r
gl)od and valuabl~ consideration.'1 to said grantor in hand paid by lUlid gmnte:!:, the: re:cdpt whercof is hereby lIcknowkdg.:u.
ha.'1 granted. bargainc:d, and sold to the said grantce, and grantee's heirs and assigns fMcver, the: following d~.'\cribc:d land,
situat.:.lying and b..:ing in Collier County, Florida to-wit:
The North 1/2 of the Southe;,st 1/4 of the Northwest 1/-' of Section 3-4, Township 48 South, R;mge 26
East, Collier County, Florida.
('lIrcelldentificntioll Number: 00204000000
Subject to taxes for 2006 and subsequent years; covenants, conditions, restrictions, enscmcnts,
reservations and limitations of record, If any.
Grantors warrant that at the time of this conveyance, the subject property is not the Grantors'
.,omestead within the meaning set forth in the constitution of the state of Florida, nor Is It contiguous
to or a part of homestead property. Tile subject property is unimproved land.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of a\1
encumbrances, except taxes accruing subsequent to December 31, 200S.
In Witness Whereof, grantor has hereunto set grnntor's hand and seal the day and year first above written.
Doubt.Tlmee
<f .,
Agenda Item No. 8E
June 6, 2006
Page 100 of 132
,~~~ ~<~-'Z6-Z2s,."J
-r}"~ t .~~
QA~0
c.("l~
Stateof cSrlo'\."Jc:...
County of <.R~l N:.> l~
The foregoing instrument was acknowledgec;l before me this:.~ day of ~lf.~, . 2006 by Harry
Ro.""",.., whp l:.I ;, pe,,,,..lIy kno~.~MIIas ProdU~~O~LUJ..:<:::'
· . ~:;lt(~~:.a~1j .r'. -'< 0 ry 0('--__, I l' ~ \. ,
t':~rm'~oNiff:le:' <(OCM\e...... tt\. t'lQ\;~~
M <'Co';:.,...l\a~~.' ;
y "~'"-""",.~p.~
oI'A"t-.
ia~
RACHAEl A. MARINO
NolJry PUb.c. Stale of Florida
My r.omm expires Mar. 6. 2009
No. 00402883
Wrrrruru.I'/>C...,j. Pago: 2
DoubleTI","
... >
. .
Agenda Item No. 8E
June 6,2006
Page 101 of 132
~~c'? 0b1dJ~
Nitness Name: Dflv ll) e ~ a.e.u' AI
~ ~~~
~es~ 0 ~""i ~c-->- ~~
~~~
Michael ,Rosenman
(Seal)
State of 0--
Countyof 9~\A&1)& .
. .The foregoing instrument was acknowledged before me this ~~t:' day of A.{g.~' ,2006 by Michncl
Rosenman, who U is personally known 01' ~Iw produced a do ver's lice 'e l1ll idenll hea' . ..".. .l-p '--
~1!\
MEGAN S. GREER
Notary Public. State 01 Flollda
Commission/l 00517668
My comm. elCpires Jan. 25. 2008
Printed Name:
("""'
,......
c:;~~-v-
l Notary. Seal]
IYllrronlY Dt.t'd . Page )
DoubleTlmee
.. ..
.. .
Agenda Item No. BE
June 6, 2006
Page 102 of 132
~uJe(h/u,~
itness Name: i)).:t V I]) e. C>.Ll e /) II\)
~~'-\~
Uc- ft ~'I)
Alice McNeese
State of 'FLOrQ 1M. _
Countyo(5bY11 / -:::;L.t:.
The foregoing instrument was acknowledged before me th~~ day of m 11-1:(1, 1-+ . 2006 by Alice
."N,,,,,. who U " ",,,,,n,l)y known n~ pmduood ,{ ~""~oon" .. id~ntir""tio~ / J ,
~JHjJc!? 0aY7d/t/h J
[Notary Senll Notary Public
~A~
ia~
D,WIO E. COROIN
N:)l ~.. '~lJblic. Slale of Florida
My ';'j 'III. ~(plrl!s Aug 16. 2009
"~'J, DO 4621\ 16
Printed N:une: j) Ii U I .h
h C7~~tl / AJ
o /CJc
My Commission Expires:
o
"'omm~I' O",.d . P'Jgc 4
Doubl.nme.
".A
Agenda Item No. 8E
June 6, 2006
Page 103 of 132
Prepared by and return tQ:
Kathleen C. Passldomo, Esq.
Kelly, Passidomo, Alba & Cassner,l.LP
2390 Tantiamf Trail Nortb Suite 204
Naples, FL 34103
239-261-3453
File Number: Rosenman P-2
Will Call No.: 80-02132
[Space Above This Uno: For R~'Cordillg Dalal
Warranty Deed
This Warranty Deed made this ~dl1Y of iJlorr L .2006 between Harry Rosenman and
Michael Rosenman and Allee McNeese, grantor. and Elias Brothers Communities At Raffia Preserve, Inc., a Florida
corporation whose post office address is 15100 Collier Blvd., Naples, Florida 341 19,9rantee:
(Whllll~'Vc:r us.,.) hc:rcin the tcmlS "gr;ultor" ami "J!r.Inlo:e" inch,,!.: all the: p;lrtk'S to lhis insllllmllnt and the heirs. t.:g:tl reprcsc:nl:tlivc:s, and llssigns of
iJ1tlivi<.lu:lls. DI1tl the succCllsnrs an<.In:ssigns of coqt<lI':llions. truslS and I1USlecs)
\Vitnesseth. that said grantor. for and in cOnltideration of the sum of TEN AND NO/lOa DOLLARS ($10.00) nnd other
good and valuable considerations to said grantor in hand paid by said grantce. the rcceipt whereof is hereby acknowledged.
has granted, bargained. and sold to the said grantee. and grantee's heirs and assigns forever. the following described land.
situatc.lying and being in Collier County. Florida to-wit:
The South 112 of the South 1/2 of the Northeast II~ or the Northwc.'St 114 of Section 34, Township 48
Soutb, Range 26 East, Collier County, Florid.t.
l'arcclldcntificlItion Number: 00203480003
Subject to tuxes for 2006 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if any.
Grantors warrant that at the tinte of this conveyance, the subject property is not the Grantors'
homestead within the meaning set forth in the constitution of the state of Florida, nor Is it contiguous
to or a part of homestead property. The subject property is unln1proved land.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawfu'l claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2005.
In Witness Whereof, grantor has bereunto set grantor's hand and seal the day and year first above written.
DoubleTlmee
"'-,
Agenda Item No. 8E
June 6, 2006
Page 104 of 132
.' .-.-.....
Signed, sealed and delivered in our presence; .... .' ..' )
~ I ti I
- . ,,' ('''"''l- " /
. ~ ~; is . ------ --.-. (Seal)
, tne!Il. e: ~ ~ arTy osenman
G~Lrk.~~~\~~~ .
Wltness Name: u.. . f..t1:t( .~
State of . ~~.~t.(
County of 11'/I-(. .,...., \-\...
...... ....- ......
The foregoing instrument was acknowledged before me this .~ l ~,... clay of
Rosenman, wlfb ( : ) is personally known 0' [\1bliS produced . . se lIS .
. , . 2006, by Harry
"fNotaTy&alJ...
QAL-V~
L1q0(''';O
M y "CommissiOIl~pi[~;.
i1:i \
i<ACHAEL A. MARINO
NlJ: II, PUllhc. Slate 01 Rorida
'4y .;.,11'11\ p.xplres MJr. 6. 2009
Nf). DO 402BB3
Worrant)' Dc...J. Pall: :2
DoubleTimee
~.;.
Agenda Item No. 8E
June 6, 2006
Page 105 of 132
~ rr<.~ (Seat)
Michael Roscnb1an
St31~ of ~
County of "7e~ l,{" to .
'11\
MEGAN S. GREER
Notary Public. Stale 01 Ronda
Commission' 005 t7668
My comm. 4xpires Jan. 25. 2008
PriAr<dN....' ~
~y' co~m;ssion ~p. s;
SAt-ctt!..v-
DoubleTlm..
"',"mnl)' D''1'd - Page J
~_:
-. .
Signed, sealed and delivered in our presence:
~<:>
'\'\.0
State of FL. CJ e. I D f1- .....
County of S BYJ1 INoLl::;'
[Notary Seal]
.tJ\..1f
iU~
DAVIO E. CORDlN
Notary Public. 5la\e 01 Florida
My Cllmm. expIres Aug. Hi. 2009
No. 00 462416
II'Un'tfIlf)' O'...J . Page"
Agenda Item No. BE
June 6, 2006
Page 1 06 of 132
( . ~ 1\
,iL cl~
Alice McNeese
. 2006, by Alic~
Notary Public
Prim,d Nom" J)J:::) U i./) I::; Ze /) / N
My Commission Expir.:s: ~ t:.. d:j
DoubleTlm"
(.
..
Agenda Item No. BE
June 6, 2006
Page 107 of 132
P~p3red bv and return to:
Kathleen C. passldomo, Esq.
Kelly, passldomo, Alba & Cassner, LLP
1390 Tamlami Trail North Suite 104
Naples, FL 34103
139-161-3453
File Number: Rosenman P-3
Will Call No.: 80-01132
(Space Ahow This Line For R.ecording Da13]
Warranty Deed
This \Varranty Deed made this ~ay of mn rcL , 1006 b.:tween Allen M. Rosenman,
[ndividually and as Trustee of the Allen M. Rosenman Trust U/AlD Deeember 20, 1989, grnntor, and Elias Brothers
Communities At Raffia Preserve, [ne., a Florida corporation who,;e Pl):it oflice nddres:i I:;
15100 Collier Blvd., Naples, FL 34119, grantee:
(W1u:ncvcr U$cd hen:in the: Ierm! "gr.utlllr" and "grnnlc:c" include all Ihe: pllnic:! In Ihis ill:ilnllnl'lll an.! the: heirs. Ic:g;ll re:prClll'lll;Uivc:s. all.! a.~Sigl~~ of
individuab, and the successors and :Issill"" or corpornlion~. lru.~L~ allLltrusle:l"'\
'Witnesseth. that said gmntor. fllr nnd in con:;ideration of the sum ofTEN AND NO/IOO DOLLARS (SIO.OO) and other
good and valuable con:;iderations to said gnlntor in h.'\nd paid by said grantee. the receipt whereof is hereby acknowledged,
ha~ grnnted. bargained, and sold to the said grnntee. and gmlllee's heirs ami u.,>signs forever. the following described land.
siluate. lying and being in Collier COllnty. Florid:1 tll-wit:
The North 1/2 of the SOllth 1/2 of thc Northcllst If.. of the Northwc5t If.. of Section 3", Township 48
South, Range 26 Enst, Collier County, Florid:l.
l~llreelldentificatloll Number: 00103....000 I
Subject to taxes for 2006 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, If any.
Grantor warrants tbat at tlte time of this conveyance, tbe subject property is not the Grantor's
homestead witbin tbe meaning set forth ill the constitution of the stnte of Florida, nor is It contiguous
to or a part of homestead property. The subject property Is unimproved land.
Together with all the tenements. hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple fo~ver.
And the grantor he~by covenants with said gmntee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the gmntor hereby fully wammts the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is f~e of all
encumbmnces, except taxes accruing subsequent to December 31, 1005.
In Witness Whereof, grantor has hereunto set gmntor's hand and seal the day and year first above written.
Doubl.Tlme-
/ .
. .
Agenda Item No. 8E
June 6, 2006
Page 108 of 132
("Slg!'ed. sealed and delivered in our presence:
.1/l 1// .~)
" L,' ft. ~N.t {LA-{J~L (
Allen M. Rosenman, Individually and as Trustee
of the Allen M. Rosenman Trust UIAID Ddcember 20. 1989
'fA;V
e t2lJ IV
Ce~:&t~~~c,~
State of FL oil? / DIJ-
. County of seYl? /)J::jL (:;-
The foregoing instrument was acknowledged before me)!~ 30 day of m lJe (! 1-1- , 2006 by Allen t\l
Rosenman, Individually as as Trustee of the Allen M. R4en~rust UIAID December 20, 1989, on behalf of the trust,
who~' p"",",Uy known 0' [ I h" p,od","d, driv",. ~i.::t'C {~cfJ~
Notary Public
[Nlltary Seal]
.~~ .. OAVIDE.CORDIN
1'.... ~ "
_ 'ti ,.OI;J'1 public. S'Jtl' of Floru'<1
Ml ':L:'~'I1. exptras (\"lJ 16 2009
I "'0. DD ~62.11':
-.- ...~.-. ~-~J
Printed Nam~: hI! IJ I/J
~_. ccJ,el> J/V
bl6/o'7-
My Commission Expires:
WlIrrant). /Jcot'J . Puse: 2
DoubleT1m..
,. .
c ' . ..
Agenda Item No. BE
June 6, 2006
Page 109 of 132
Prepared by and return to:
Kathleen C. PassidoDlo, Esq.
Kelly, Passldonlo, Alba & Cauner, LLP
2390 Tllmlami Trail North Suite 20..
Naples, FL 3-1103
139-161-3453
File Number: Rosenman p-t
Will Call No.: 80-02132
[Space Abc.we This Line For Recording DDIlIJ
Warranty Deed
This Warranty Deed mado:: this~ day of [rhrPJ.. _ I 2006 between Harry B. Rosenman and
Michael D. Rosenman, grantor, and Elias Brothers Communities At Raffia Preserve, Inc., a Florida corporation whose:
post office addre:ss is 15100 Collier Blvd., Naples, Florida 34119, grantee:
(WheneVL" used herein the ter\1ls "Ilr.mlor" Dnd "BT:\nlcc" include all the partic:s to this instrument Dnd the holin:. legal repn:sentalives. and assigns Dr
individuals, nnd the SUCCC:UON and assigns UrCUrp<lrnlillns. UUSI$ and trUSlc:c:I)
\Vitncsscth. that said grantor. for and in consideration of the sum ofTEN AND NO/loo DOLLARS (SIO.OO) and other
good and vnlunble con:;idcrntion.'1 to said grantor in hand paid by said grantee, the receipt whereof is hereby ncknowledged,
has granted. bargained. and sold 10 the: said grantee, and grantee':; heirs nnd assigns forever, the following de;ctibc:d land.
situate, lying nnd being in Collier COllnty, Florida tn-wit:
The North In of the Northeast 1/-1 of the Norlhwest If-4 of Section 3-4, Township.48 Soutb, lbllge 26
Jo:ast, Collier ComIty, Florida.
Itarcelldcntiriclltion Number: 00203360000
Subject to taxcs for 2006 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, If any.
Grantors warrant tbat at the time of this conveyance, the subject property is not the Grantors'
homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous
to or a part of homestead property. The subject property Is unimpro't'ed land.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the samc against thc lawful claims of all persons whomsocvcr; and that said land is free of all
cncumbrances, except taxes accruing subsequent to December 31, 2005.
In Witness \Vhcreof. grantor has hcreunto set grantor's hand and seal the day and year first above written.
OoubleTlm..
Agenda Item No. 8E
June 6, 2006
Page 110 of 132
Signed, sealed and delivered in our presence:
(Seal)
--
,-
Slale of St OC...J.~
Counryof ~\1'l0\~
[NOI:Uj'_~~H
~\
RAOiAEL A. MARINO
NOlar, Public. Slale 01 Florida
My comrn expires Mar. 6. 2009
No. 00 402B83
, Printed Na':'::;d~J\D' e.\
MrCdiiiini~TOb~~:-
\1\ ~i'";~
IYUlTanl)' ~('" . Pago: 2
OoubleTlmee
.
~~;@i"~:"
itness Name: ~ :g-'l::::"' QO ;q D / N
<~~~~'1
~~/i" 0 ~
Michael D. Rosenman
lYan'ont)' iJ<!t'J. Page J
Agenda Item No. BE
June 6, 2006
Page 111 of 132
Double Tim..
(:. ..
Agenda Item No. BE
June 6, 2006
Page 112 of 132
Prepared by and return to:
Kathleen C. Passldomo, Esq.
Kelly, Passldomo, Alba & Cassner, LLP
2390 Tamiaml Trail North Suite 204
Naples, FL34103
239-261-3453
File Number: Rosenman, Elean
Will Call No.: 80-02132
[Sp:lce Above This Line For R~'Cording D:ltal
Warranty Deed
This \Varranty Deed made this ~ay of JIJnreL ,2006 between Eleanor II. Rosenman.
Individually and as Trustee of the Eleanor H. Rosenman Trust U1AJD December 20, 1989, grantor, and Elias Brothers
Communities At Raffia Preserve, Ine., a Florida eorporation whose post offiee address is
15100 Collier Blvd., Naples, FL 34119, grantee:
(Wh""'I:V<:r" used h..-n:in the Ic:rms -gt:lluur" :lnd "grnnt..-.:- includ.: all the panics In this in.~lrumcnt and the heirs, Ieg:.1 r"'Pn:scntativ..-s, and :I$Signs of
individuals. and chI.' sucec:ssolll and :I:lsigns nf ...tt1l'nr:uinl1s. tru.~ts anJ trustecs)
\Vitncsseth. that said gmntor. for and in consideration or the sum ofTEN AND NOllOO DOLLARS (SIO.DO) and olhc:r
good and valuable considerations to snid gruntor in hand paid by said grantee, the receipt whereof is hercby acknowledged,
has granted. bargained. and sold to the said granl~c, nnd grnnlcc'~ heirs nnd a:;:;ign'l forever. the following d<.'Scribcd land,
situate, lying and being in Collier County. J.'lorida to-wit:
The South 112 of the SW 1/4 of the NE 1/4 of Seclion J4, '['owllshil) 48 South, Runge 26 East, Collier
County, (o'loridll.
I'arcelldentification Number: 00203400009
Subject to taxes for 2006 and subsequent years; covenants, conditions, restrictions, casements,
reservations and limitations of record, if any.
Grantor warrants that at the time of this conveyance, the subject property Is not the Grantor's
homestead within the meaning set forth In the constitution of the state of Florida, nor Is It contiguous
to or a part of homestead property. The Subject Property is unimproved land.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee lhat the gran lor is lawfully seized of said land in fee simple; thaI the
grantor has good right and lawful authority to sell and convey said land; thaI the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2005.
In \Vitness Whereof, grantor has hereunto set groolor's hand and seal the day and year first above wrillen.
DoubleTlm..
.. .
..."1.. "
Agenda Item No. 8E
June 6, 2006
Page 113 of 132
Signed, sealed and delivered in our prCllence:
~e~.t7~.
: Dn\) I.D e- ~C/.etJ J IV
~~ !vi. ~'--' TJi:
Elellri'or){:' ~<<~3 M_ :WlllllQ...
of the Eleanor H. Rosenman Trust UIAID December 20.
1989
~?~
State of ~ tP... I. l ~ .
County ~iif16(e- 'if- ~/-J-0?0:f0
The foregoing instrument was llcknowledged before me ..: !Jf1{~ay of ~ d. ((. .2006. by Eleanor
H. Rosenman. Individually nnd 8S Trustee of Eleano~en Trust~ ~~89. on behalf of the
Trust, whW.:.: J personally known or oW ;{1l1.~ produced a driver's . e se as identilic,o .
· --:, /.Ji.~rti 1$. ~(JJ//JI
~1.>;~: o/;~/h 8
~~ ..l!I!ItJ
i~\
LAURA B. STROHM
NOlJry PuIllic. SiaN 01 Florida
My co:nm IUpitltS Sept. 16. 2008
~J DO 355468
"'u"aIllY D<>N' Paso: 2
Doubt,Tlm..
..... ..
Agenda Item No. BE
June 6, 2006
Page 114 of 132
This Instrument Prepared By
and Please Return To:
JOHN F. STEWART
SHEPPARD, BRETT, STEWART,
HERSCH & KINSEY, P.A.
9100 College Pointe Court
Fort Myers, FL 33919
THIS \VARRANTY DEED, made this ) ~th day of f1'\o.rc.h , 2006
between HARVEY BROS. FARMS, INC., A MARYLAND CORPORATION aka
HARVEY BROTHERS FARMS, INC, A MARYLAND CORPORATION, whose post
office address is: 4480 Seventh Ave NW, Naples, FL 34119, hereinafter called the grantor,
to ELIAS BROTHERS COMMUNITIES AT RAFFIA PRESERVE, INC., A FLORIDA
CORPORATION, whose post office address is: 15100 Collier Blvd., Naples, FL 34119,
hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to
this instrument and the heirs, legal representatives and assigns of individuals, and
the successors and assigns of corporations)
WITNESSETH, that the grantor, for and in consideration of the sum of $1 0.00 and oth~r
valu.lbl~ considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sdls,
alit:lls, rt:mises, rdt:asl..:s, conveys and confirms unto the grantee all that certain land situate in
COLLIER County. State or Florida, viz:
THE SOUTII 112 OF THE NORTHWEST 1/4 Of THE NORTHWEST 1/4 OF
SECTION 34. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY
FLORIDA.
Subject to easements, restrictions and reservations of record, if any, and taxes for 2006
and subsequent years.
Property Appraiser's Parcel [dentification Number: 00203760008
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of
said land in fee simple; that the grantor has good right and lawful authority to sell and convey
said land, and hereby warrants the title to said land and will defend the same against the lawful
claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes
accruing subsequent to December 31, 2005.
.... -t'
Agenda Item No. 8E
June 6, 2006
Page 115 of 132
IN WITNESS \VHEREOF, the said grantor has signed and sealed these presents the day
and year first above written.
Signed, Sealed and Delivered
in Our Presence:
HARVEY BROS. FARMS, INC. aka
HARVEY BROTHERS FARMS, INC.
..~Q ff ~
By: FRED R. HAR vEy4;eSident
it ess Signature
Jdz{Jft. ~ fA'rlJ{W-
Printed Nam~ of Witness
STATEOF {I U (I ~ "-
COUNTY or {<J 1 I i --€ r-
Th~ for~going instrumc:nt wa$ acknowledged b~lor~ m~ this I l:. day of March. 2006.
by FRED R. HARVEY, President of HARVEY BROS. fAR~~~, INC.. a Maryland
Corporation. ( ) who is personally known to m~ or ( v/) who has produced
fj 0 r , 'J" J. L- as identitication.
1-1" I o'2-)~ 2...1 '-{f.J 'i CI
(Seal)
~e Ill! /!I I' <f)N~
Notary Public
e~?~
Printed Notary S nature
My Commission Expires:
e: ERIN It POWEftS
"*' NIle . .... II .......
. . CcllMiIIIllft EJpNINl11.201
c:.........on . DO 111312
8ondId...... ,..,
2
---,
Agenda Item No. 8E
June 6, 2006
Vanassealll2
Daylor ....
ZONING TRAFFIC IMPACT STATEMENT
RAFFIA PRESERVE
Decem ber 21, 2005
Vanderbilt Beach Road
Collier County, Florida
Prepared For:
Elias Brothers Communities, Inc.
I 51 00 Collier Boulevard
Naples, Florida 34119
Prepared By:
Vanasse & Daylor, LLP
Job # 80897.03
PInD~A-200S-~-8918
PROJECT #2004040001
DATE: 1/5/06
MICHAEL DERUNTZ
12730 New Brittany Boulevard, Suite 600, Fort Hyers, Florida 33907 T 239.437.4601 f 239.437.4636 w vanday.com
Exhibit1_Location
WQE
~
Not to 5<:ale .
Immokalee Road
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a;
=
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Vanderbilt Beach Road
-
Livi ngston Road
Vanasse
Daylor
Raffia80897 _ TISOO1.xls
1-75
. U.illQ..' '::J!Iii. '.' .... .'. . ~..' ............. "..1
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. .~t~, . .' ...... . ....It 16~
1l'll'.-.lriluayiOlltt>nl,llII116Ol'
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---
En.a brothers Communlties,lnc.
115100 Collier Boul8Vllni
N.ples Florid. 34119
!>Kember 2006
Agenda Item No. 8E
June 6, 2006
Page 117 of 132
Golden Gate Boulevard
NllI !mil
Raffia Preserve
Location Map
EXHIBIT 1
Agenda Item No. 8E
June 6, 2006
Page 118 of 132
STATEMENT OF CERTIFICATION
I certify that this TRAFFIC IMPACT STATEMENT has been prepared by me or under my
immediate supervision and that I have experience and training in the field of Traffic and
Transportation Engineering.
Ernest R. Spradling P.E.
Florida Registration #61235
VanasseDaylor, LLP
12730 New Brittany Boulevard, Suite 600
Fort Myers, Florida 33907
(239) 437-4601
Collaborators
Reed Jarvi, P.E.
Nelson Galeano
Swarup Mukherjee
P.E.61235
Raffia Preserve
Sateml!l1t of Certification
Agenda Item No. 8E
June 6. 2006
Page 119 of 132
Table of Contents
INTRODUCTION AND S~y ................................................~.........-.-.................................................__...1
PROPOSED DEVELO PMENT .................................................................................................................................2
EXISTING AND PROPOSED LAND USE ............................................................................................................2
AREA CO ND ITI 0 NS ... ,.........................................................................._.......................................................... ....... 2
SITE ACCESSIBILITY..................................... ........ .................................. ................ ............................................2
PROJECTED TRAFFI. C ............................................................................................................................................. 4
TRIP GENERA nON....................... ........................ ................................... ....................... ................. ........ ............. 4
TRIP DISTRIBUTION AND ASSIG:NMENT .... ......... ................ ...... ........ ..... ............. ............. ................... ........ ...4
PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES..................................................................6
AN" AL YSES .........._.............._......................_................................................................_................._........................8
CAPACITY AND LEVEL OF SERVlCE ...............................................................................................................8
SITE ACCESS............ ...................................................................,.................... ........ .................... ........................ 10
ThfPR 0 VEMENTS ANALYSIS ........................................... ..... ........ ....... ....................... ........................... .............13
MITI G A TI 0 N OF IMP A CT ................................................. ...................................................................... .............13
List of Tables
Table 1 Site-generated Trip estimates
Table 2 Site- Generated Trip Distribution Percentages, AM & PM Traffic Assignments
Table 3 Significance Test
Table 4 Link-specific Background Traffic Data
Table 5 Link Analysis Results
Table 6 Intersection Capacity Analysis Results
List of Exhibits
Exhibit 1 Location Map
Exhibit 2 Site-generated Percentage Distribution
Exhibit 3 AM Peak Hour Traffic Assignment
Exhibit 4 PM Peak Hour Traffic Assignment
Exhibit 5 Cut Through Traffic
Exhibit 6 AM Peak Hour Background Traffic
Exhibit 7 PM Peak Hour Background Traffic
Exhibit 8 AM Peak Hour Total Traffic
Exhibit 9 PM Peak Hour Total Traffic
Appendix
Raffia Preserve
?agel
Table of Contents
Agenda Item No. 8E
June 6. 2006
Page 120 of 132
INTRODUCTION AND SUMMARY
Vanasse & Daylor, LLP is providing this Zoning Traffic Impact Statement for the Raffia
Preserve Development (formerly mown as Palermo Cove). The purpose of this study is to
provide to the Collier County Transportation Plarming Department adequate information to
assure that any traffic-related problems are evaluated and that effective mitigation measures are
identified.
The Raffia Preserve site currently is an undeveloped parcel in Collier County. The site is located
on and north of Pristine Drive west of the Collier Boulevard & Wolf Road intersection. The
proposed land uses program consists of 262 dwelling units Residential
Condominium/Townhouse (LU230) and 262 dwelling units of Residential Single Family
(LU2l0). Exhibit 1 shows the location of the Raffia Preserve development site.
The studied links are projected to be within the performance standard SFmax for the Buildout
traffic conditions. The AUIR SFmax is not exceeded on any of the studied links. The Vanderbilt
Beach Road & Pristine Drive intersection is projected to meet Traffic Signal Warrant 3 under
background traffic conditions. Signalization of this intersection, as appropriate, should be
considered a non-site-related improvement.
The following improvements are necessary at the access points:
Pristine Drive & East Access
· Westbound right turn lane
one lane (145 feet long)
Pristine Drive & West Access
· Westbound right turn lane
· Eastbound left turn lane
one lane (145 feet long)
one lane (195 feet long)
The developer proposes to pay the appropriate Collier County Road Impact Fee as building
permits are issued for the proposed project.
Raffia Preserve
1:\Prolecnl808\808'l7lTnfllclOetembmlS.upduelfl.affl.808'l7 _ TlSOO I.doc:
Agenda Item No. 8E
June 6, 2006
Page 121 of 132
PROPOSED DEVELOPMENT
EXISTING AND PROPOSED LAND USE
The Raffia Preserve site currently is an undeveloped parcel in Collier County. The site is located
on and north of Pristine Drive west of the Collier Boulevard & Wolf Road intersection. The
proposed land uses program consists of 262 dwelling units Residential
Condominium/Townhouse (LU230) and 262 dwelling units of Residential Single Family
(LU210). Exhibit 1 shows the location of the Raffia Preserve development site.
AREA CONDITIONS
SITE ACCESSIBILITY
Area Roadway System
The existing roadway conditions for the area of the project were used as a base to provide the
network for The Raffia Preserve development. Exhibit 1 shows the existing roadways in the
vicinity of the proj ect
Immokalee Road (CR 846)
Immokalee Road in the study area will be an east/west six-lane divided arterial under county
jurisdiction with a speed limit of 45 mph.
Collier Boulevard (CR 9S I)
Collier Boulevard (CR 951) in the study area will be a north/south six-lane divided arterial
roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed
limit is posted at 45 mph.
Raffia Preserve
2
~\Projacll\l108\808971TroIlc\Decem\Mr05-update\1\aftla8()897 _ TISOOI.doc
Agenda Item No. 8E
June 6. 2006
Page 122 of 132
Vanderbilt Beach Road
Vanderbilt Beach Road in the study area is currently a undivided two-lane roadway, and is under
construction to be an east/west six-lane arterial under county jurisdiction. The proposed posted
speed limit is going to be 45 mph.
Pristine Drive
Pristine Drive in the vicinity of the project is proposed to be a north/south two-lane collector
road within a sixty (60) foot right-of-way under County jurisdiction. The proposed posted speed
limit will be 35 mph.
Committed Roadway Improvements
Roadway improvements are constructed in order to help alleviate current area road deficiencies
and to support future area development. For purposes of this study, knowing that a roadway
improvement is "committed" means that the characteristics of the higher-level facility may be
used in the reserve capacity estimates. Roadway improvements that are currently under
construction, or are scheduled to be constructed within the FY 2006 to FY 2008 timeframe were
considered to be committed improvements. These were identified in the Collier County
Transportation Improvement Plan and Florida Department of Transportation FDOT Adopted
Work ProgramS for Collier County. Fiscal Year 2005/2006-2010/2011. The committed
improvements that could affect the area include:
· Immokalee Road:
* 6-lane east of 1-75 to CR 95 [beginning 2006; and
* 6-lane east of CR 951 to east of Oil Well Road is under construction.
· Vanderbilt Beach Road:
* 6-Jane east of Airport-Pulling Road to Collier Boulevard is under construction.
* Vanderbilt Beach Road Extension to Wilson Boulevard. Study in process.
Raffia Preserve
3
tlProjectsl808l80897\TralllclDecembe11lS-updata\Ralr..80897 _llSOO 1.cIoc
Agenda Item No. 8E
June 6, 2006
Page 123 of 132
PROJECTED TRAFFIC
TRIP GENERATION
Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Trip
Generation (7th Edition), in accordance with the current Collier County policy. The following
trip generation formulas were used.
Single-Family Detached Housing (LU 210):
ADT: Ln(T) = 0.92 Ln(X) + 2.7\
AM Peak Hour. T = 0.70(X) + 9.43
PM Peak Hour. Ln(T) = 0.90 Ln(X) + 0.5
Multi-familyrrownhouse (LU 230):
ADT: Ln (T) = 0.85 Ln (X) + 2.55
AM Peak Hour. Ln (T) = 0.80 Ln (X) + 0.26
PM Peak Hour. Ln (T) = 0.82 Ln (X) + 0.32
The trips generation results are shown in Table 1:
TABLE 1
SITE.GENERATED TRIP ESTIMATE
LAND USE
AM Peak PM Peak
~ JJnlt AQI I2W fm!: li2m; I2l;al Ema: ~
Residential CondominiumITownhouse (LU 230): 262 DU 1455 112
Single Family (LU 210): 262 DU 2522 193
Totals ]977 ]05
19 93 132 88 44
48 145 255 161 94
67 238 387 2..9 138
TRIP DISTRIBUTION AND ASSIGNMENT
The pattern of site traffic distribution is based upon locations of attractors in the area of the
project. 70% of the total net external primary site generated trips are proposed to use Collier
Boulevard, with 50% distributed north, and 20% south of Vanderbilt Beach Road. 30% will use
Vanderbilt Beach Road, with 25% distributed west and 5% east, of Collier Boulevard. The
directional distribution percentages and the traffic assignment as analyzed are presented in the
Table 2. A graphic presentation of the traffic distribution is shown in Exhibit 2. The AM project
traffic assignment is presented in Exhibit 3. The PM project traffic assignment is presented in
Exhibit 4.
Raffia Preser.oe
4
~\ProJects\80818O"71TramclOee.m~5..pdate\l\atlla80897 _ TlSDQ I.doc
Agenda Item No. 8E
June 6, 2006
Page 124 of 132
TABLE 2
DISTRIBUTION
Roa~v Sefment Distribution PercenQfe AM fM
.Enw: .ExIt Eow: .ExIt fml::c .ExIt
Vanderbilt Beach Road W of Pristine Drive 25% 25% 17 60 62 35
Vanderbilt Beach Road E of Pristine Drive 5% 5% 3 12 12 7
Collier Boulevard N of Wolf Road 50% 50% 34 119 125 69
Collier Boulevard N of Vanderbilt Beach Road 20% 20% 13 48 50 28
Collier Boulevard S of Vanderbilt Beach Road 20% 20% 13 48 50 28
Collier Boulevard S of Golden Gate Boulevard 15% 15% 10 36 37 21
Vanderbilt Beach Road Extension E of the Comer Boulevard 5% 5% 3 12 12 7
Vanderbilt Beach Road W of Logan Boulevard 15% 15% 10 36 37 21
Immokalee Road E of Collier Boulevard (CR 95 I) 5% 5% 3 12 [2 7
Immokalee Road W of Collier Boulevard (CR 951) 45% 45% 30 107 112 62
Immokalee Road W of Logan Boulevard 10% 10% 7 24 25 14
Wolf Road E of East Access 70% 70% 47 167 174 97
Wolf Road E of West Access 25% 25% 17 60 62 35
Woff Road W of West Access 30% 30% 20 71 7S 41
SIGNIFICANCE TEST ANALYSES
According to Collier County Land Development Code (LDC) Section 6.02.02
"M. Significance Test: Impact for the impact traffic analysis purposes for a proposed development
project will be considered significant:
1. On those roadway segments directly accessed by the project where project traffic is equal to or
greater than 3% of the adopted LOS standard service volume;
2. For those roadway segments immediately adjacent to segments which are directly accessed by
the project where project traffic is greater than or equal to 3% of the adopted LOS standard
service volume; or
3. For all other adjacent segments where the project traffic is greater than 5% of the adopted LOS
standard service volume.
Once traffic from a development has been shown to be less than significant on any segments using
the above standards, the development's impact is not required to be analyzed further on any
additional segments."
In other words, a project will have a significant and adverse impact on a state or regionally
significant roadway only if both of the following criteria are .met: (1) the project will utilize 3
percent or more of the maximum peak hour service volume at the adopted level of service
standard for the adjacent and next to adjacent link. 5 percent for the other links; and (2) the
roadway is proj ected to operate below the adopted level of service standard.
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Agenda Item No. 8E
June 6, 2006
Page 125 of 132
Significance was estimated according to Collier County's 3/3/5 rule, and the links were
evaluated to determine whether projected operation would be within County standards. The data
resources used for this analysis are shown in Appendix A. Since the PM Peak. Hour has the
higher site-generated volumes, the PM Peak Hour was evaluated. Table 3 presents the
significance test.
TABLE 3
SIGNIFICANCE TEST
AM PEAK HOUR PM PEAK HOUR
AM Peak Project PM Peak Project
ROADWAY AUIR Project Traffic as % Project Traffic as %
LOS Std
Traffic of LOS Std Traffic of LOS Std
Vanderbilt Beach Road W of Pristine Drive 3.600 60 1.7% 62 1.7%
Vanderbilt Beach Road E of Pristine Drive 3,600 3 0.1% 7 0.2%
Collier Boulevard N of Wolf Road 3,300 119 3.6% 125 3.8%
Collier Boulevard S of Wolf Road 3.300 48 1.5% 50 1.5%
Collier Blvd S of Vanderbilt Beach Rd 3.300 48 1.5% 50 1.5%
lmmokalee Rd E of Collier Blvd (CR 951) 3,790 3 0.1% 7 0.2%
Immokalee Rd W of Collier Blvd (CR 951) 3.250 107 3.3% 112 3.4%
Immokalee Rd W of Logan Boulevard 4,370 24 0.5% 25 0.6%
The analysis indicates that the Collier Boulevard north of Wolf Road and Immokalee Road west
of Collier Boulevard roadway links are projected to have site-generated trip volumes greater than
3 percent of the SF max. Intersection capacity analyses were therefore completed on the Collier
Boulevard & Immokalee Road, Collier Boulevard & Vanderbilt Beach Road, Collier Boulevard
& Wolf Road, and Vanderbilt Beach Road & Pristine Drive intersections, and the project
accesses.
PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES
Background traffic volumes were developed using multiple sources. Specific Link volume data
for Vanderbilt Beach Road, Collier Boulevard, Irnmokalee Road and Logan Boulevard were
provided by the Collier County Transportation Department. These link volumes consisted of
recorded 2005 directional Peak Hour volumes and "banked" trips that were assigned to the links
for previously approved developments (see Appendix Concurrency Segment Tables dated
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Agenda Item No. 8E
June 6, 2006
Page 126 of 132
November 30, 2005). This methodology is currently in use by Collier County for tracking the
availability of reserve capacity on specific roadway links as part of their concurrency
management efforts, No growth projections were computed as directed by Collier County staff.
Table 4 presents the link-specific background traffic data used in the Link Level of Service
analyses discussed elsewhere.
TABLE 4
LINK-SPECIFIC BACKGROUND TRAFFIC DATA
Bued on Concurency Segmment Table November 30, 1005
.I.m.. DPK HR TRIP IQL REM..
!.Iok f!:Qm To ~ ~ ill2 Y.QL. MMK Y.QL. ~
Collier Blvd Immokalee Rd Golden Gate Blvd 3,300 6 E 1.010 858 1,868 1,432
Immokalee Rd Logan Blvd Collier Blvd 3,250 6 E 2,240 195 2,435 815
Immokalee Rd Collier Blvd Wilson Blvd 3,790 6 E 1,100 653 1,753 2.037
Vanderbilt B. Rd Logan Blvd Collier Blvd 3,600 6 E 710 2-16 956 2,6+1
Vanderbilt B. Rd Ext* Collier Blvd Massey Road 1,810 4 D 315 315 1.495
Immokalee Road 1-75 Logan Boulevard -1,370 6 E 2,130 1,245 3.375 995
· Capacity from QLOS
~
Because of the available (future) connection between Collier Boulevard and Vanderbilt Beach
Road via Wolf Road and Pristine Drive, some background traffic may use Wolf Road and
Pristine Drive in order to avoid the Collier Boulevard & Vanderbilt Beach Road intersection.
According to the Traffic Analysis for Pristine Drive made by Metro Transportation Group on
August 30, 2005, up to 20% of the existing directional traffic on these roadways may utilize
Wolf Road and Pristine Drive to by-pass the Collier Boulevard & Vanderbilt Beach Road
intersection. Exhibit 5 presents the "cut through traffic" estimated by Metro Transportation
Group, and the Appendix contains the used information from the Metro Report. Exhibits 6 and 7
contain the background traffic for the AM and PM Peak Hour; and Exhibits 8 and 9 contain the
total traffic used in this report,
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Agenda Item No. BE
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Page 127 of 132
ANAL YSES
CAPACITY AND LEVEL OF SERVICE
The directional split of new trips was applied to the site-generated traffic volumes to determine
the site-generated vehicle trips assignment. The site-generated vehicle-trip assignments were
added to the background traffic, which contains the Wolf Creek PUD Traffic and the Carolina
Village PUD Traffic (copies of this information can be seen in the Appendix), to obtain the Total
Traffic used in the intersection analysis.
LINK LEVEL OF SERVICE ANALYSES
The Performance Standard Maximum Service Flowrates (SF max) for Immokalee Road, Collier
Boulevard, and Vanderbilt Beach Road, were provided by the Collier County Transportation
Planning Department with the Concurrency Segment data. Copies of these data are contained in
Appendix. Table 5 presents the projected AM and PM Peak Hour Link Volumes. The studied
links are projected to be within the performance standard SFmax for the Buildout traffic
conditions. The AUIR SF max is not exceeded on any of the studied links.
TABLES
UNK ANAl. YSES
a.,ed on ConeurMCJ' Se:pnrMM T.tM November. so. 2005
wnn SF mall I wnn SF mal< 1
AM AM AM PM PM PM
Peok Peak Peak Peak
ROPDWAY Peak 0 AUIR PKHR BKGD TOTAL PI< HR BKGD TOTAL
Project TOQI ProJe<:t Toeal
Dir faCtOr LOS Std BKGD Traffic Traffic BKGD Trafllc Tnafllc
Vanderbllt auth Road W of Pristine Drive we 0.67 3.600 956 60 1.016 Y Y
E6 956 62 1.018 Y Y
Collier Iloulevard N of Wolf Road S6 0.5-4 3.300 1.868 34 1.902 Y Y
NB 1.868 69 1.937 Y y
Immokalee Rd W 01 Collier Blvd (ell. 951) we 0.63 3.250 2.435 t07 2.542 y y
EB 2,435 112 2,5-41 y y
INTERSECTION CAPACITY ANALYSIS
Since intersection operations have a greater impact on corridor operations than the capacities of
the roadway links, additional analyses were conducted on key intersections in the Area of
Influence. These selection process was based primarily on the relationships between the
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Agenda Item No. BE
June 6, 2006
Page 128 of 132
significant links and proximity to the site. The intersections studied in these analysis were the
Collier Boulevard & Immokalee Road, Collier Boulevard & Vanderbilt Beach Road, Collier
Boulevard & Wolf Road, and Vanderbilt Beach Road intersections, and project accesses at
Pristine Drive for Background and Buildout traffic conditions.
The intersection analyses were completed utilizing SYNCHROe 6.0. The Level of Service is
presented in Table 6 below for the existing (2005) lane configurations at the proposed
Vanderbilt Beach Road & Pristine Drive intersection.
If no degradation to the service level of an intersection using total traffic volumes was identified,
then no additional analyses were performed on that intersection. See the Appendix for the
SYNCHRO@ 6.0 printouts.
TABLE 6
INTERSECTION CAPACITY ANALYSIS RESULTS
Intersection
Immokalee Rd & Collier Boulevard
AM 0
PM 0
AM C
PM 0
AM f*
PM F*
AM B
PM B
AM
PM
AM
PM
AM
PM
Collier Blvd & Vanderbilt Beach Rd Ext
Vanderbilt Beach Rd & Pristine Dr
Collier Blvd& Wolf Rd
Wolf Road & East Access ...
Wolf Road & West Access ...
Wolf Road & Pristine Drive ...
· Denotes unsiznallzed intersection .t critical approach
Background Traffic
Without With
Improvement Improvement
LOS Delay LOS Delay
seelveh. see/veil.
43
51
3-4
51
335
B
B
16
19
Total Traffic
Without With
Improvement Improvement
LOS Delay LOS Delay
seelveh. sedveh.
D 49
D 55
C 34
D 51
B 17
C 26
B IS
C 25
C 23
C 19
C 18
C 16
C 24
B 15
II
17
UNSIGNALlZED INTERSECTION CAPACITY ANAL YSIS
Side-street STOP-controlled intersections are dependent on the availability of acceptable gaps in
the through traffic stream to allow the stopped vehicles to enter the major street traffic. If
acceptable gaps in the through traffic stream are not readily available, the stopped street traffic
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Agenda Item No. 8E
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will exhibit high computed delays. Usually, the major street traffic exhibits acceptable
operational characteristics. The only effective solutions would entail either installing all-way
STOP control or installing a traffic signal, if warranted.
Because of this phenomenon, the Vanderbilt Drive & Pristine Drive intersection exhibits high
delay values on the southbound left turn movement under background traffic conditions.
Reviewing the side-street STOP analyses indicates that no sufficient gaps in the through traffic
stream would be available during the PM Peak Hour. The results are consistent with the
expectation that southbound left turning movements during the PM Peak Hour will experience
high delays while waiting for gaps in the main street through traffic. The capacity analyses
indicated that signalization at the Vanderbilt Drive & Pristine Drive intersection would be
needed.
The intersection was evaluated to determine whether any traffic signal warrants would be met by
background traffic. According to the preliminary analyses, the Vanderbilt Drive & Pristine Drive
intersection is projected to meet Warrant 3 at background traffic conditions.
SIGNALIZED INTERSECTION CAPACITY ANAL YS/S
Table 6 is a summary of the signalized intersection analyses for background and total traffic
conditions. The intersection analyses indicate that acceptable operations can be expected under
Build-out Year total traffic conditions with no modifications, except for periodic revisions to the
signal timing plan. Since the intersections typically control roadway capacities, it is reasonable to
conclude, based on the intersection capacity analysis results which indicate that the arterial
intersections are projected to operate within LOS standards, that the studied roadway links will
operate acceptably at Build-out.
SITE ACCESS
Site access and turn lane analyses were completed and projected queue length (storage length)
were determined using SYNCHRO~ 6.0 computer modeling software for project Buildout
conditions. The Raffia Preserve project has two proposed access points, both of which are on
Pristine Drive.
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Agenda Item No. 8E
June 6,2006
Page 130 of 132
It was recognized during the study process that need for, and length of need of, turn lanes, and
how those lengths of need would interact with neighboring accesses and improvements, would
affect the recommended access configurations, and their location along the site frontage. Four
parameters were used in order to reach the recommendations: current land uses in the area,
entering and exiting turn movement assignments, the capacity analysis results, the turn lane
length of need analysis results, and the proximity of the proposed access to neighboring
accesses/intersections.
According to the Collier County Right-of Way Ordinance #2003-37, left turn lanes must be
provided whenever the left turn volume into a development is two (2%) of the Level of Service
"C" daily volume or whenever the highest hourly volume of turning movement is 20 vehicles or
more. The same ordinance establishes that right turn lanes must be provided whenever the right
turn volume into a development is four (4%) of the Level of Service "e" daily volume or
whenever the highest hourly volume of turning movement is 40 vehicles or more. The FDOT
Index 301 and Figure 3-15 of the Manual of Uniform Minimum Standards were used for
conceptual geometric design (see Appendix).
Collier County uses the roadway posted speed as the turn lane design speed. According to FDOT
Index 301, the deceleration lane length for a 35 mph posted speed is 145 feet. The turn lanes on
Pristine Drive should therefore be furnished with 145-foot deceleration lanes in addition to the
applicable storage lanes.
Pristine Drive & East Project Access Point
Capacity Analysis
This access was evaluated to determine the projected intersection operations during the PM Peak
Hour. The Unsignalized Intersection analysis clearly indicated that side-street STOP-controlled
intersection operation will provide acceptable operational characteristics for traffic trying to exit
the site. (LOS C, 23 sec/veh for AM Peak Hour) using a full-movement access.
Right Turn Analysis (Westbound Approach)
This project is estimated to generate 30 and 112 vph westbound right turning movements during
the Total Traffic AM and PM Peak Hour. Therefore, a westbound right turn lane is warranted at
Raffia Preserve
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the Pristine Drive & Project East Access Point. SYNCHRO@ computed a 0 foot queue length.
This proposed southbound right turn. lane should be 145 feet long including taper.
Access Drive Lane Confiiuration (Southbound Approach)
This proj ect is' estimated to generate 107 and 62 southbound left turning movements during the
Total Traffic AM and PM Peak Hour. The Buildout AM Peak Hour analysis shows a queue
length of 41 feet for the southbound left turn lane. Based on this information, a southbound
shared lane is recommended at the Full-movement East Access on Pristine Drive. The approach
should be provided with at least 125 feet of throat depth before the first driveway, accessway, or
cross street is introduced to the accessdrive.
Pristine Drive & West Project Access Point
Capacity Analysis
This access was evaluated to determine the projected intersection operations dUring the PM Peak
Hour. The Unsignalized Intersection analysis clearly indicated that side-street STOP-controlled
intersection operation will provide acceptable operational characteristics for traffic trying to exit
the site. (LOS C, 18 sec/veh for AM Peak Hour) using a full-movement access.
Right Turn Analysis (Westbound Approach)
This proj ect is estimated to generate 17 and 62 westbound right turning movements during the
Total Traffic AM & PM Peak hour respectively. Therefore, a westbound right turn lane is
warranted at the Pristine Drive & West Project Access Point access. SYNCHROIll computed a 0
foot queue length. This proposed northbound right turn lane should be 145 feet long including
taper.
Left Turn Analysis (Eastbound Approach)
This proj ect is estimated to generate 20 and 75 eastbound left turning movements during the
Total Traffic AM & PM Peak Hour respectively. This volume exceeds the 20 vph threshold
value. Based on this information, an eastbound left turn lane is projected to be warranted at the
Pristine Drive & West Project Access intersection. SYNCHRO@computed a 6 foot queue length.
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Agenda Item No. BE
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This proposed eastbound left turn lane should be 195 feet long (50 foot storage + 145 foot
deceleration lane with taper).
Access Drive Lane Configuration (Southbound Approach)
This project is estimated to generate 60 and 35 southbound left turning movements during the
Total Traffic AM and PM Peak Hour. The Buildout AM Peak Hour analysis shows a queue
length of 19 feet for the southbound left turn lane. Based on this information, a southbound
shared lane is recommended at the Full-movement West Access on Pristine Drive. The approach
should be provided with at least 125 feet of throat depth before the first driveway, accessway, or
cross street is introduced to the access drive.
IMPROVEMENTS ANALYSIS
Because many of the analyses were addressed in previous sections, this improvement analysis
section will be limited to a conclusive narrative. As shown in Table 5, the studied links are
projected to be within the performance standard SF 17IflX for the Buildout traffic conditions. The
AUIR SF max is not exceeded on any of the studied links. A review of the more detailed
SYNCHRO@ 6.0 analyses of the studied intersections show that the Vanderbilt Beach Road &
Pristine Drive intersection will meet Warrant 3 at background traffic conditions. For this reason
this signalization is considered as non site-related improvement.
MITIGATION OF IMPACT
Following improvements are necessary at the access points:
Pristine Drive & East Access
· Westbound right turn lane
one lane (145 feet long)
Pristine Drive & West Access
· Westbound right turn lane
· Eastbound left turn lane
one lane (145 feet long)
one lane (195 feet long)
The developer proposes to pay the appropriate Collier County Road Impact Fee as building
permits are issued for the proposed project.
Raffia Preserve
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Agenda Item No. 8F
June 6, 2006
Page 1 of 246
EXECUTIVE SUMMARY
PUDZ-2003-AR-4991, Robert Mulhere, of RW A, Inc., representing Woodfield Builders,
LLC, requesting a rezone from "A" Rural Agricultural to "RPUD" Residential Planned
Unit Development to be known as Rockedge RPUD, subject to the approval of an
Affordable Housing Density Bonus Agreement authorizing the developer to utilize
affordable housing bonus density units (in the amount of 111 units at 7.5 bonus density
units per acre) in the development of this project for low-income residents. The 76.46::1::
acres subject property is located on the east side of Collier Blvd. (CR 951) approximately 6
tenths of a mile south of intersection with Rattlesnake-Hammock Road, in Section 23,
Township 50, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to rezone the
subject site from Rural Agriculture (A) zoning district to PUD for the purpose of permitting a
residential development with a maximum of 400 residential dwelling units, subject to the
approval of an Affordable Housing Density Bonus Agreement, and to make sure that the project
is in harmony with all the applicable codes and regulations in order to ensure that the
community's interests are maintained.
."--
CONSIDERA TIONS:
On February 26, 2006, at the request of the petitioner, the BCC approved a continuance of this
petition to June 6, 2006. The purpose of the continuance was to allow the BCC to learn if the
Florida State Legislature had moved to make changes to the transportation concurrency
management regulations established in Senate Bill 360.
The Rockedge RPUD is a residential planned development, which will be developed with up to
400 multi-family units. The maximum allowable gross density is 5.23 dwelling units per acre. A
minimum of 30 percent (111 units) of the density generated from the 55-acre parcel which
qualifies for the affordable housing bonus is required to be sold to buyers earning 80 percent or
less of Collier County's median income, as calculated annually by the department of Housing
and Urban Development (HUD). This is an Affordable Housing Project and an Affordable
Housing Density Bonus Agreement is a companion document to the PUD document. The
amenities proposed to be provided in the project include structures and areas to provide social
and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and
active recreational opportunities. Access to the property will be from Collier Boulevard (C.R.
951). In the vicinity of the project, both Collier Boulevard and Rattlesnake Hammock Road are
scheduled to be widened to six lanes. These improvements are funded in the current
transportation Five-year Work Program. Each residential unit will be served with centrally
provided potable water, sanitary sewer, electric power, and telephone.
,.-.
PUDZ-04-AR-4991
Page 1 of5
Executive Summary
Agenda Item No. SF
June 6,2006
Page 2 of 246
The subject property consists of 76.46 acres and is located on the east side of Collier Boulevard
(C.R. 951), approximately six tenths of a mile south of intersection with Rattlesnake Hammock
Road. The property is designated Urban, Mixed Use District, Urban Residential Fringe
Subdistrict, as is the surrounding land on the east side of Collier Boulevard. The existing land
uses on the site include: unimproved roads and both disturbed and forested land. The PUD
Master Plan (See Staff Report Exhibit C) sets forth 25.32 acres of preserve areas, including 21.86
acres of wetland preserve and 3.46 acres of archeological preserve areas. The RPUD property
contains 65.54 acres of native vegetation. The LDC requires preservation of 25 percent of the
existing on-site native vegetation or a minimum of 16.39 acres. The PUD master plan indicates
that 21.86 acres or 33 percent of the site is labeled as Preserve and shall be placed into a
conservation easement.
FISCAL IMPACT:
The rezoning by and of itself will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the property is rezoned, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan, as
needed, to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value ofthe improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
~-"
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Fringe
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan.
Relevant to this petition, the subject property is currently designated Urban (Urban - Mixed Use
District, Urban Residential Fringe Subdistrict) as identified on the Future Land Use Map of the
Growth Management Plan. This Urban Residential Fringe Subdistrict permits residential
development (variety of unit types) at a base density of 1.5 units per gross acre, or up to 2.5 units
per gross acre via the transfer of up to one dwelling unit per acre from land designated as Rural
Fringe Mixed Use Sending District, or in the case of properties specifically identified, a density
bonus of up to 6.00 additional units per gross acre may be requested for projects providing
PUDZ-04-AR-4991
Page 20f5
Executive Summary
Agenda Item No. 8F
June 6, 2006
Page 3 of 246
affordable housing (new language via a Growth Management Plan amendment to the FLUE and
adopted by the BCC September 9, 2003).
Pursuant to the amendment to the Future Land Use Element, Urban - Mixed Use District, Urban
Residential Fringe Subdistrict of the Growth Management Plan that was adopted on September
9,2003,55.97 acres of the 76.46 acre site is specifically identified and eligible for the up to 6.00
additional units per gross acre or a total of 419 units. The remainder 20.49 acres is eligible 1.5
units per acre or 30.74 units for an eligible project density of 451 units.
The Housing Development Manager has reviewed the proposed agreement to authorize
affordable housing density bonus units (See Exhibit G), and has recommended approval of this
project. The memo from Cormac Giblin, Housing Development Manager, dated January 16,
2004, is quoted below:
The subject re-zone petition includes a companion Affordable Housing Density Bonus
Agreement (AHDB). Through the AHDB the petitioner is requesting a density bonus of 5.23
units per acre by developing 111 units of the proposed 400 total (30 percent) as affordable
housing.
As proposed, the Rockedge RPUD development will consist of 400 units of multi-family
(townhouse) homeownership of which 30 percent (111 units) will be affordable to households
earning less than 80% of the area median income (low-income).
Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) (See
Exhibit D) and the PUD document to ensure the PUD document contains the appropriate
language to address this project's potential traffic impacts, and to offer a recommendation
regarding GMP Transportation Element, Policies 5.1 and 5.2. Those policies require the review
of all rezone requests with consideration of its impact on the overall transportation system, and
specifically notes that the County should not approve any request that significantly impacts a
roadway segment already operating and/or projected to operate at an unacceptable Level of
Service (LOS) within the five-year planning period unless specific mitigating stipulations are
approved. Traffic analyses to determine significant project impact use the following criteria to
determine the study area:
a. On links (roadway segments) directly accessed by the project where project traffic
is equal to or exceeds 3 percent of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is
equal to or exceeds 3 percent of the adopted LOS standard service volume;
c. For all other links the project traffic is considered to be significant up to the point
where it is equal to or exceeds 5 percent of the adopted LOS standard service
volume.
Policy 5.2 states, "Project traffic that is less than 1 percent of the adopted peak hour service
volume represents a de minimis impact." Upon review of rezone petition PUDZ-2003-AR-4991,
,.-.. Transportation Planning staff recommends approval based on the following facts:
PUDZ-04- AR-4991
Page 3 of5
Executive Summary
Agenda Item No. SF
June 6, 2006
Page 4 of 246
The proposed Rockedge RPUD will allow development of 400 single-family dwelling units with
an anticipated buildout in 2010. The TIS for this petition projects a total of 2,085 trip ends on a
weekday and a maximum of 188 PM peak hour trips. The roadway segments most impacted
from this development are Collier Boulevard (CR 951) and Rattlesnake Hammock Road
(CR864). These roads are currently scheduled for construction in the County's Transportation 5-
Year Work Program or in the FDOT Adopted Work Program. The segment of Rattlesnake
Hammock Road from Polly Avenue to Collier Boulevard is scheduled for construction to six-
lane facility which began in 2005 and the added capacity will accommodate the site-generated
traffic. Therefore, this petition is consistent with Policy 5.1 and Policy 5.2 of the traffic element.
ENVIRONMENTAL ISSUES:
Environmental Services Staff has reviewed the petition and has recommended approval subject
to the conditions contained in Section 5.9 of the PUD document and the additional conditions
noted in the Environmental Advisory Council (EAC) Staff Report (Exhibit "E").
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC reviewed this petition at their December 7, 2005 meeting. The EAC approved a
motion to recommended approval ofthis petition (7-0) subject to the staff's recommendation.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition at their January 19, 2006
public hearing. The CCPC voted 8 to 1 to recommend approval of PUDZ-2003-AR-4991 with
the following conditions:
1. A minimum of 1000 square feet floor area shall be provided for each dwelling
unit.
2. The residential development shall be constructed in phases. The First Phase shall
consist of250 units and shall contain the 111 Affordable Housing Dwelling Units.
The Second Phase shall consist of 75 units which will be allowed to receive their
Certificate of Occupancy (C.O.) no earlier that 2008. The Third Phase will
consist of the remaining 75 units which will be allowed to receive their C.O. no
earlier than 2009.
The Planning Commissioner recommending denial expressed concern about the existing traffic
and the traffic that this application would add to Collier Boulevard (CR 951).
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the BCC must be based. The legal considerations are reflected in the CCPC
evaluation of the listed criteria in Chapters 10.03.05 and 10.02.13.B.5 of the LDC. These
evaluations are completed as separate documents that have been incorporated into the attached
staff report. A summary of the legal considerations and findings are noted below:
- . The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
PUDZ-04-AR-4991
Page 4 of5
Executive Summary
Agenda Item No. 8F
June 6, 2006
Page 5 of 246
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the two-part request for
Petition PUDZ-2003-AR-4991 , subject to compliance with the proposed PUD document and the
Affordable Housing Density Bonus Agreement, and as otherwise described by the Ordinance of
Adoption and Exhibits thereto.
PREP ARED BY:
Michael J. DeRuntz, C.F.M., Principal Planner
Department of Zoning & Land Development Review
_.
PUDZ-04-AR-4991
Page 5 of5
Executive Summary
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8F
June 6, 2006
Page 6 of 246
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8F
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2003-AR-4991, Robert Mulhere, of RWA, Inc., representing
Woodfield Builders. LLC, requesting a rezone from "A" Rural Agricultural to "RPUD"
Residential Planned Unit Development to be known as Rockedge RPUD, subject to the
approval of an Affordable Housing Density Bonus Agreement authorizing the developer to
utilize affordable housing bonus density units (in the amount of 111 units at 7.5 bonus density
units per acre) in the development of this project for low-income residents. The 76.46 acres
subject property is located on the east side of Collier Blvd. (CR 951) approximately 6 tenths
of a mile south of intersection with Rattlesnake-Hammock Road, in Section 23, Township 50,
Range 26 East, Collier County, Florida.
6/6/20069:00:00 AM
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Date
Transportation Planning
5118/200610:51 AM
Approved By
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/18/20064:29 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/22/200611:13 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
5/22/200612:38 PM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
5/22/20063:41 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/22/2006 8:25 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
5123/2006 9:39 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/23/200611:12 AM
Agenda Item No. 8F
June 6,2006
Page 7 of 246
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/24/2006 8:43 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25/2006 2:34 PM
Agenda Item No. 8F
June 6, 2006
Page 8 of 246
Co.T County
- ~~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JANUARY 19, 2006
SUBJECT:
PETITION PUDZ-2003-AR-499l, ROCKEDGE RPUD
AGENT/APPLICANT:
OWNER: Brian A. Mansour
Woodfield Builders, LLC,
6604 Ridgewood A venue
Naples, Florida 34108
AGENT: Robert J. Mulhere, AICP
RW A Consulting, Inc.
6610 Willow Park Drive, Suite 200
Naples Florida, 34109
R. Bruce Anderson
Roetzel & Andress Law Firm
850 Park Shore Drive
Trianon Centre-Third Floor
Naples, FL 34103
REQUESTED ACTION:
The petitioner seeks a rezone from Rural Agricultural (A) to Residential Planned Unit Development
(RPUD) for a project to be known as Rockedge RPUD to allow for a maximum number of 400
residential units. The project density is proposed to be 5.23 units per acre subject to the approval of
the companion Affordable Housing Density Bonus Agreement, authorizing the developer to utilize
affordable housing bonus density units (55.97 acres at 7.5 bonus density units per acre) in the
development of this project for low-income residents that .will include a maximum of 111 units
designated as affordable housing units.
GEOGRAPHIC LOCATION:
The subject RPUD is located on the east side of Collier Boulevard (C.R.) 951, approximately 6 tenths
of a mile south of intersection with Rattlesnake Hammock Road and has access from Amity Road, in
Section 23, Township 50 South, Range 26 East (See illustration on following page)
PUDZ-03-AR-4991, Rockedge RPUD 1
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Agenda Item No. 8F
June 6. 2006
Page 9 of 246
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Agenda Item No. 8F
June 6, 2006
Page 11 of 246
PURPOSEIDESCRIPTION OF PROJECT:
The Rockedge RPUD is a residential planned development, which will be developed with up to 400
multi-family units. The maximum allowable gross density is 5.23 dwelling units per acre. A
minimum of 30 percent (111 units) of the density generated from the 55 acre parcel which qualifies
for the affordable housing bonus are required to be sold to buyers earning 80 percent or less of Collier
County's median income, as calculated annually by the department of Housing and Urban
Development (HUD). This is an Affordable Housing Project and an Affordable Housing Density
Bonus Agreement is a companion document to the PUD document. The amenities proposed to be
provided in the project includes structures and areas to provide social and recreational space, lakes,
natural and landscaped open spaces, and a variety of passive and active recreational opportunities.
Access to the property will be from Collier Boulevard (C.R. 951). In the vicinity of the project, both
Collier Boulevard and Rattlesnake Hammock Road are scheduled to be widened to six lanes. These
improvements are funded in the current transportation Five-year Work Program. Each residential unit
will be served with centrally provided potable water, sanitary sewer, electric power, and telephone.
The subject property consists of 76.46 acres and is located on the east side of Collier Boulevard (C.R
951), approximately six tenths of a mile south of intersection with Rattlesnake Hammock Road. The
property is designated Urban, Mixed Use District, Urban Residential Fringe Subdistrict, as is the
surrounding land on the east side of Collier Boulevard. The existing land uses on the site include:
unimproved roads and both disturbed and forested land. The PUD Master Plan (See Exhibit C) sets
forth 25.32 acres of preserve areas, including 21.86 acres of wetland preserve and 3.46 acres of
archeological preserve areas. The RPUD property contains 65.54 acres of native vegetation. The
LDC requires preservation of 25 percent of the existing on site native vegetation or a minimum of
16.39 acres. The PUD master plan indicates that 21.86 acres or 33 percent of the site is labeled as
Preserve and shall be placed into a conservation easement.
SURROUNDING LAND USE AND ZONING:
Subject Parcel: The subject property is zoned (A) Rural Agricultural, consists of +/- 76.46 acres and
is located on the east side of Collier Boulevard. (CR 951), approximately 6 tenths of
a mile south of intersection with Rattlesnake Hammock Road. The existing lands
uses on the site include: unimproved roads and both disturbed and forested land.
Surrounding- North: Developed single-family residential p'arcels, travel trailers and recreational
vehicles, l70-foot FP&L easement, undeveloped acreage for the future Collier
Regional Medical Center, zoned Agricultural (A), Travel Trailer and
Recreational Vehicle Campgrounds (ITRY), Collier Regional Medical Center
PUD
East: Undeveloped wooded parcels and developed single-family residential parcels,
zoned Agricultural (A)
South: Nursery, single-family residential, undeveloped wooded parcels and 170-foot
FP&L utility easement, zoned Agricultural (A)
West: C.R 951 (Collier Boulevard) then undeveloped wooded acreage ofLely Resort
PUD, which includes Edison College, zoned RO.W. then Lely Resort PUD,
PUDZ-03-AR-4991, Rockedge RPUD 4
Agenda Item No, 8F
June 6,2006
Page 12 of 246
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GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Fringe
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan.
Future Land Use Element: Relevant to this petition, the subject property is currently
designated Urban (Urban - Mixed Use District, Urban Residential Fringe Subdistrict) as
identified on the Future Land Use Map of the Growth Management Plan. Relevant to this
petition, this Subdistrict permits residential development (variety of unit types) at a base
density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one
dwelling unit per acre from land designated as Rural Fringe Mixed Use Sending District, [or
in the case of properties specifically identified, a density bonus of up to 6.00 additional units
per gross acre may be requested for projects providing affordable housing (new language via a
Growth Management Plan amendment to the FLUE and adopted by the BCC September 9,
2003 ).
Pursuant to the amendment to the Future Land Use Element, Urban - Mixed Use District,
Urban Residential Fringe Subdistrict of the Growth Management Plan that was adopted on
September 9,2003,55.97 acres of the 76.46 acre site is specifically identified and eligible for
the up to 6.00 additional units per gross acre or a total of 419 units. The remainder 20.49
acres is eligible 1.5 units per acre or 30.74 units for an eligible project density of 451 units.
PUDZ-03-AR-4991, Rockedge RPUD 5
Agenda Item No. 8F
June 6, 2006
Page 13 of 246
Eligible units per acre for the 55.97 acre portion of site
Base Density
Affordable Housing Bonus
Total Eligible Density
1.5 du/a
6.0 du/a
7.5 du/a
Eligible units per acre for the 20.49 acre portion of site
Base Density
Affordable Housing Bonus
Total Eligible Density
1.5du/a
o du/a
1.5 du/a
Eligible project density for entire 76.46 acre site
55.97 acres @ 7.5 units per acre = 419.78 units
20.49 acres @ 1.5 units per acre = 30.74 units
Total Eligible Density = 450.52 units
An Affordable Housing Density Bonus Agreement (AHDBA) was submitted with the
application and will be reviewed by the Operations Support and Housing Department for
income level, number of bedrooms, etc., to ensure the project qualifies for the density bonus
being requested.
FLUE Policy 5.4 requires that all new developments are compatible with and complimentary
to the surrounding land uses. Comprehensive Planning leaves this determination to the Zoning
and Land Development Review staff as part of their review of the petition in its totality.
In order to promote smart growth policies, and adhere to the existing development character
of Collier County, the following policies shall be implemented for new development and
redevelopment projects, where applicable.
Policy 7.1
The County shall encourage developers and property owners to connect their properties to
fronting collector and arterial roads, except where no such connection can be made without
violating intersection spacing requirements of the Land Development Code. (Provided for in
Section L 1.6).
Policy 7.2
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals.
(Provided for on the PUD Master Plan and referenced in Section II, 2.3., A).
PUDZ-03-AR-4991, Rockedge RPUD 6
Agenda Item No, 8F
June 6, 2006
Page 14 of 246
Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and their
interconnection point with adjoining neighborhoods or other developments regardless of land
use type. (Provided for in Statement of Compliance # 6 and Section V, 5.6 K).
Based upon the above analysis, staff concludes the proposed uses and density may be deemed
consistent with the FLUE upon approval of the AHDBA by the Financial Administration and
Housing Department.
Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact
Statement (TIS) (See Exhibit D) and the PUD document to ensure the PUD document contains the
appropriate language to address this project's potential traffic impacts, and to offer a recommendation
regarding GMP Transportation Element, Policies 5.1 and 5.2. Those policies require the review of all
rezone requests with consideration of its impact on the overall transportation system, and specifically
notes that the County should not approve any request that significantly impacts a roadway segment
already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the
five-year planning period unless specific mitigating stipulations are approved. Traffic analyses to
determine significant project impact use the following criteria to determine the study area:
a.
On links (roadway segments) directly accessed by the project where project traffic is equal to
or exceeds 3 percent of the adopted LOS standard service volume;
For links adjacent to links directly accessed by the project where project traffic is equal to or
exceeds 3 percent of the adopted LOS standard service volume;
For all other links the project traffic is considered to be significant up to the point where it is
equal to or exceeds 5 percent of the adopted LOS standard service volume.
--
b.
c.
Policy 5.2 states, "Project traffic that is less than 1 percent of the adopted peak hour service volume
represents a de minimis impact." Upon review of rezone petition PUDZ-2003-AR-4991,
Transportation Planning staff recommends approval based on the following facts:
The proposed Rockedge RPUD will allow development of 400 single-family dwelling units, with an
anticipated buildout in 2010. The TIS for this petition projects a total of2,085 trip ends on a weekday
and a maximum of 188 PM peak hour trips. The roadway segments most impacted from this
development are Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR864). These roads
are currently scheduled for construction in the County's Transportation 5-Year Work Program or in
the FDOT Adopted Work Program. The segment of Rattlesnake Hammock Road from Polly Avenue
to Collier Boulevard is scheduled for construction to six-lane facility beginning in Fiscal Year 2005
and the added capacity will accommodate the site generated traffic. Therefore, this petition is
consistent with Policy 5.1 and Policy 5.2 of the traffic element.
PUDZ-03-AR-4991, Rockedge RPUD 7
Agenda Item No. 8F
June 6, 2006
Page 15 of 246
Operations Support and Housing Department Analysis: The Housing Development Manager has
reviewed the proposed agreement to authorize affordable housing density bonus units (See Exhibit
G), and has recommended approval of this project. The memo from Cormac Giblin, Housing
Development Manager, dated January 16, 2004, is quoted below:
The subject re-zone petition includes a companion Affordable Housing Density Bonus
Agreement (AHDB). Through the AHDB the petitioner is requesting a density bonus of
5.23 units per acre by developing 111 units of the proposed 400 total (30 percent) as
affordable housing.
As proposed, the Rockedge RPUD development will consist of 400 units of multi-family
(townhouse) homeownership of which 30 percent (111 units) will be affordable to
households earning less than 80% of the area median income (low-income).
PUDZ-03-AR-4991, Rockedge RPUD 8
Agenda Item No. SF
June 6, 2006
Page 16 of 246
2005 Annual income limits of proposed low income residents:
Number of household members: 1
111 Low Income Units S39,100
2
S44,650
3 4
S50,250 S60,300
5
S64,750
Average Yearly Salaries of Selected Occupations in Collier County:
Secretary $26,310 Deputy
Electrician $28,200 Teacher
Firefighter $32,610
$33,490
$42,540
CONCLUSION: Based upon the information provided in the PUD and accompanying
Affordable Housing Density Bonus Agreement, staff finds the proposed development to
be consistent with section 2.06.00 of the LDC and Housing Element of the Growth
Management Plan.
STAFF RECOMMENDA TION: Approval
AFFORDABLE HOUSING COMMISSION RECOMMENDATION: Approva/610, 1-9-04.
Open Space/Conservation Element: The subject property contains four pre-historic archaeological
sites. Due to potential eligibility for listing of these sites on the National Register of Historic Places,
the entire 20-acre parcel will be preserved and placed under a conservation easement. Therefore, the
proposed project preserves the archaeological sites in one contiguous preserve. The PUD document
indicates that a combination of landscape, lakes, water management areas, and qualifying open space
.- areas equals sixty-five percent (65 percent) of the gross land area The PUD will also achieve native
vegetation preservation of re-vegetation requirements of the LDC by re-vegetation of native species;
therefore, the Conservation and Open Space elements of the GMP will be achieved by the PUD
development strategy.
Utilities and Water Management Element: Development of the land will proceed on the basis of
connection to the County's sewer and water distribution system. These facilities are to be designed,
constructed, conveyed, owned, and maintained in accordance with the current Collier County
ordinances. Water management facilities will be constructed to meet current County Ordinances.
These facilities will be reviewed and approved as a function of obtaining subsequent development
order approvals. The above-prescribed course of action makes this petition consistent with this
element of the GMP.
GMP Conclusion: The Growth Management Plan is the prevailing document to support land use
decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation
regarding a finding of consistency or inconsistency with the overall GMP as part of the
recommendation for approval, approval with conditions, or denial of any rezoning petition. The
Future Land Use Element designation is a portion of the overall finding that is required. The
proposed uses are consistent with the property's future land use designation as indicated previously in
the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element
Policy 5.1. Approval of the PUD rezone to provide affordable housing units would be consistent with
the intent of GMP Housing Element Objective I, which states:
The number of new affordable housing units shall increase by 500 units each year in an
effort to continue to meet the housing needs of all current and further very-low. low and
moderate income residents of the County, . . . .
PUDZ-03-AR-4991, Rockedge RPUD 9
Agenda Item No. 8F
June 6, 2006
Page 17 of 246
And Housing Element County Policy 2.10, which states:
Through the adoption of local incentives, such as density bonus agreements and impact
fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate
housing for rural residents and farm worker families.
Based upon the above analysis, staff concludes the proposed uses and density may be deemed
consistent with the goals, objective and policies of the overall GMP.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. These criteria are specifically noted in Section 10.02.13 of the
Land Development Code and required staff evaluation and comment. The CCPC and the BCC also
used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for
amendments to PUDs should establish a factual basis for supportive action by appointed and elected
decision-makers. Each of the potential impacts or considerations identified during the staff review are
listed under each of the criteria noted and are summarized by staff, culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are completed as
separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B").
Environmental Analvsis: Environmental Services Staff has reviewed the petition and has
recommended approval subject to the conditions contained in Section 5.9 of the PUD document and
the additional conditions noted in the Environmental Advisory Council (EAC) Staff Report (Exhibit
"E").
The EAC reviewed this petition at their December 7, 2005 meeting. The EAC approved a motion to
recommended approval of this petition (7-0) subject to the staff's recommendation.
Transportation Analysis: The PUD document provides for future roadway through interconnections
to the north and south of the subject property. Payment in lieu of sidewalks and bike lanes for Collier
Boulevard frontage and a shared use path, built at a 10-width or greater, will be provided along the
entire project perimeter within the Big Cypress Basin Canal Easement. The subject property fronts on
Collier Boulevard, which is a Collier Area Transit (CAT) route. A CAT bus stop with shelter will be
provided by the developer, efforts will also be made to coordinate a school bus pick-up and drop-off
location. The Transportation Department staff has reviewed the petition and has recommended
approval subject to the transportation conditions contained in Section 5.6 of the PUD document.
Utility Issues: The Utilities Department staff has reviewed the petition and has recommended
approval subject to the conditions contained in Section 5.8 of the PUD document
Zoning and Land Development Review Analysis: The evaluation by professional staff includes an
analysis of the project's relationship to the community's future land use plan, and whether or not a
rezoning action would be consistent with the GMP. Other evaluation considerations include an
assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with
adjacent land uses. In addition, staff offers the following synopsis:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to
Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning
PUDZ-03-AR-4991, Rockedge RPUD 10
Agenda Item No, 8F
June 6,2006
Page 18 of 246
action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject
property is zoned (A) Rural Agricultural and is located within the Urban Mixed Use DistrictJUrban
Residential Fringe Subdistrict as identified on the Future Land Use Map. The FLUE provides for a
density bonus within the Urban Residential Fringe Subdistrict in the case of specifically identified
properties of up to 6.0 additional units per gross acre for projects providing home ownership for
residents earning 80 percent or less of Collier County's median income, pursuant to the provisions of
the Collier County Land Development Code (LDC) 2.06.00, excluding subsection 2.06.03. The
subject project is eligible to receive a density bonus of up to six (6) dwelling units per gross acre on
the 55.97 acres of the project that qualifies for this density bonus. The requested bonus on the 55.97
acres is 5.09 DUs per acre, which yields a total density for the entire Rockedge RPUD of 400
dwelling units or 5.23 units per gross acre, as set forth in Appendix "B" of this PUD, the Affordable
Housing Density Bonus Agreement. This is less than the maximum 5.90 DUs per acre that can be
requested under the FLUE provisions.
Relationship to Existing and Proposed Land Uses - Generally a discussion of this relationship
concerns the compatibility of the petitioner's proposed changes to the uses allowed in the Pun with
the adjacent properties to the north, south, east, and west. The subject property is proposed at the
base density allowed in the County's Comprehensive Plan, the landscaping and buffering
requirements in the LDC will mitigate any impacts between this use and the abutting uses. The
subject property is bordered by Collier Boulevard then undeveloped wooded acreage of Lely Resort
PUD, which includes Edison College on the west. To the north, developed single-family residential
parcels, travel trailers and recreational vehicles, 170-foot FP&L easement, and undeveloped acreage
for the future Collier Regional Medical Center exist. To the east, undeveloped wooded parcels and
developed single-family residential parcels exist. To the south, a nursery, single-family residential,
undeveloped wooded parcels and 170-foot FP&L utility easement exist.
An Archaeological Survey and Assessment of the subject site (See Exhibit F) indicates that four C4
archaeological sites are located within the project. Those sites have been preserved as green space as
depicted on the Master Plan and addressed in Section 5.4 of the RPUD document
NEIGHBORHOOD INFORMATION MEETING:
The meeting was held at First Assembly of God Church, 3805 The Lord's Way, Naples, Florida on
February 19, 2004 at 5:30 P.M. Attending were Robert Mulhere of RWA, Inc. and associated staff,
representing Brian Mansour-managing agent, Woodfield Builders, LLC. County staff, Fred Reisch!,
project planner and Linda Bedtelyon, community planning coordinator, were present to assist in
answering the public's questions. Fred welcomed the audience of approximately six neighboring
property owners and gave an overview of the public hearing process as well as the county reviewing
process. This petition is required to be heard before the EAC due to wetlands on site, then CCPC,
then BCC. Mr. Mulhere delivered the conceptual project presentation initially stating that if the plan
is substantially redesigned resulting in an increase in density, they would hold another NIM .
Points of statement by Mr. Mulhere:
I) Two archeological sites on property that must be conserved
2) Have not yet submitted to the state (SFWMD and U.S. Army Corps of Engineers) for their
Environmental Resources Permits
3) Twenty-foot landscape buffer along Collier Boulevard; compliance with County codes
4) Fifty-foot buffer around project (2-3 ft perimeter berm)
5) Re-submitting application to Zoning & Development Review 2.20.04.
PUDZ-03-AR-4991, Rockedge RPUD 11
Agenda Item No. SF
June 6, 2006
Page 19 of 246
6) The Affordable Housing Density Bonus being sought will be 3D percent of the total
density, fee-simple ownership, not rentals.
7) Bridge access over canal on Collier Boulevard will be re-built
8) Thirty-foot easement remaining and County requiring a lO-foot wide multi-use pathway
within the easement (eastern side)
Neighboring property owners concerns:
1) Tim and Paul Johns: Water Managementlbuffering/Cypress head on Johns Road/3D ft.
easement access
2) Fritz Christimat: Neighbor who owns campgroun4 had questions about blasting on site:
Brian Mansour stated they were still waiting for "title survey" and Bob Mulhere assured
Mr. Christimat the County requires a "pre-blast survey" with seismographs.
There was little discussion or concern from neighbors regarding the housing development product.
Mr. Mulhere stated the multi-family units, 6-8 attached unit buildings would be in the front portion of
the property (access from Collier Boulevard) and the residential single-family units in the rear, with a
total of 362 dwelling units, constructed in a "neo-traditional" design with alleyways for
garages/parking in the rear. There was no opposition from neighbors, just concerns as previously
stated. Mr. Mulhere stated several times he would address individual property owners concerns and
offered to meet with them to their satisfaction.
Mr. Mulhere is continuing to meet with the property owners on Amity Road in an effort to coordinate
the needs of all parties. The property owners on Amity Road has explained support of the proposed
revisions, but the exact location of the new intersection of Amity Road and Collier Boulevard (CR
951) has not been finalized.
STAFF RECOMMENDATION:
Zoning & Land Development Review Services staff recommends that the Collier County Planning
Commission (CCPC) forward Petition PUDZ-2003-AR-4991 to the Board of County Commissioners
(BCC) with a recommendation of approval of the rezoning request from Agricultural to RPUD, and
the agreement authorizing affordable housing density bonus units as set forth in the PUD document
and the AHDB agreement.
Exhibit A - Rezoning Findings
Exhibit B - Finding for PUD
Exhibit C - Master PlanaExhibit D - Traffic Impact Statement (TIS)
Exhibit E - EAC Staff Report & Environmental Impact Statement (EIS)
Exhibit F - Archaeological Survey and Assessment
Exhibit G - Affordable Housing Density Bonus Agreement
PUDZ-03-AR-4991, Rockedge RPUD 12
PREPARED BY:
Agenda Item No. 8F
June 6, 2006
Page 20 of 246
MICHAELJ.~ER "CFM.~:P~R
DEPARTMENTO ZONlNGAND
LAND DEVELOPMENT REVIEW
#
DA
REVIEWED BY:
~.u,m {lttd#"d, -~
MARJO M. STUDE T -STIRLING
ASSISTANT COUNTY ATTORNEY
1'2..1 26/oS
DATE
J l~ f 06
~
OWS, PLANNING MANAGER
DEPAR NT OF ZONlNG AND
LAND DEVELOPMENT REVIEW
~~
~SAN MURRAY, AlCP, DIRECTO
DEPARTMENT OF ZONlNG AND
LAND DEVELOPMENT REVIEW
I hfth
DATE .
I ~ it:.
~
Tentatively scheduled for the February 28, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
[JV(GNl P ~
MARK'P. STRAIN, CHAIRMAN
PUDZ-03-AR-4991, Rockedge RPUD
13
Agenda Item No. 8F
June 6, 2006
Page 21 of 246
REZONE FINDINGS
PETITION PUDZ-03-AR-4991
Section 10.03.05 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in
relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives &
policies of the Future Land Use Map and the elements of the Growth
Management Plan.
The proposed development is in compliance with the Future Land Use Element of the
Growth Management Plan. The requested density within Rockedge RPUD is
consistent with the FLUE contained in the Growth Management Plan and therefore
will be consistent with the goals, objectives and polices of the Plan.
2. The existing land use pattern;
North: Developed single-family residential parcels, travel trailers and recreational
vehicles, 170-foot FP&L easement, undeveloped acreage for the future Collier
Regional Medical Center, zoned Agricultural (A), Travel Trailer and
Recreational Vehicle Campgrounds (TTRV), Collier Regional Medical Center
PUD
East: Undeveloped wooded parcels and developed single-family residential parcels,
zoned Agricultural (A)
South: Nursery, single-family residential, undeveloped wooded parcels and 170-foot
FP&L utility easement, zoned Agricultural (A)
West: C.R. 951 (Collier Boulevard) then undeveloped wooded acreage ofLely Resort
PUD, zoned R.O.W. then Lely Resort PUD
Collier Boulevard is a principal north/south arterial roadway in Collier County, and as
such is a focus for development. As demonstrated above, Pun Zoning exists currently
on property to the west, north, and south. The proposal would incorporate a PUD
rezoning and would be consistent with the existing and emerging land use patterns.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The Rockedge RPUD parcel is of sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts. It is also consistent with expected
land uses by virtue of its consistency with the FLUE of the GMP.
EXHIBIT "A"
PUDZ-03-AR-4991, Rockedge RPUD 14
Agenda Item No. 8F
June 6, 2006
Page 22 of 246
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed Rockedge RPUD boundaries are logically drawn in relation to the
existing development pattern and property ownership. Therefore, the proposed PUD
district boundaries are logically drawn and they are consistent with the FLUE of the
GMP. '
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The growth and development trends in this area indicate a demand for affordable
residential housing, as identified in the GMP. In addition, the proposed Rockedge
RPUD is appropriate based on its compatibility with adjacent land uses. Furthermore,
the subject Pun has a positive relationship to the GMP.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Because of limits in the PUD document, there should be no adverse influence in living
conditions in this neighborhood if the proposed change is approved.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect public
safety.
Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Transportation Element of the GMP and was found consistent, a
statement advising that this project when developed will not excessively increase
traffic congestion. The proposed change will result in an overall 2,085 daily trips
within the Rockedge RPUD, as determined by the Traffic Impact Statement.
8. Whether the proposed change will create a drainage problem;
The project will be required to obtain a permit from the South Florida Water
Management District. Drainage problems should not be created when construction is
done in accordance with the permit.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
All projects in Collier County are subject to'the development standards that apply
generally and equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc.) that were designed to ensure that light penetration and
circulation of air do not adversely affect adjacent areas. This project will be subject to
those same standards.
PUDZ-03-AR-4991, Rockedge RPUD 15
Agenda Item No. 8F
June 6, 2006
Page 23 of 246
10. Whether the proposed change will adversely affect property values in the
adjacent area;
Property valuation is affected by a host of factors including zoning, however zoning by
itself mayor may not affect values since value determination by law is driven by
market value. The mere fact that a property is given a new zoning designation or
amendment mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
The undeveloped properties nearby the proposed Pun should not be affected by the
requested amendment in that the project provides a landscape buffer, provides an area
dedicated for conservation/preserves, and is consistent with the approved zoned
projects in the area.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The proposed rezone to PUD complies with the Growth Management Plan, which is a
public policy statement supporting zoning actions when they are consistent with said
plans. In light of this fact, the proposed PUD does not constitute a grant of special
privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The subject property is presently undeveloped. The maximum density of one dwelling
unit per acre would be permitted within the Rural Agricultural district regulations (76
dwelling units). Utilizing the Planned Unit Development rezoning procedures within
the Urban (Urban - Mixed Use District, Residential Fringe Subdistrict) designation to
the GMP. The FLUE provides for a density bonus within the Urban Residential
Fringe Subdistrict in the case of specifically identified properties of up to 6.0
additional units per gross acre for projects providing home ownership for residents
earning 80% or less of Collier County's median income, pursuant to the provisions of
the Collier County Land Development Code (LDC) 2.06.00, excluding subsection
2.06.03. The subject project is eligible to receive a density bonus of up to six (6)
dwelling units per gross acre on the 55.97 acres of the project that qualifies for this
density bonus. The requested bonus on the 55.97 acres is 5.09 DUs per acre, which
yields a total density for the entire Rockedge RPUD of 400 dwelling units or 5.23 units
per gross acre, which is less than the maximum 5.90 DUs per acre (451) that can be
requested under the FLUE provisions.
PUDZ-03-AR-4991, Rockedge RPUD 16
Agenda Item No. 8F
June 6,2006
Page 24 of 246
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed. PUD is designed. in a manner that is compatible with surrounding
property in size and scale. It is also consistent with the FLUE of the Growth
Management Plan.
15. Whether is it impossible to rmd other adequate sites in the County for the
proposed use in districts already permitting such use.
Whether it is possible to find other adequate sites is not the determining factor when
evaluating the appropriateness of a rezoning decision. Each zoning petition is
reviewed on its own merit, and staff does not review other sites in conjunction with a
specific petition. The determinants of zoning are consistency with all elements of the
GMP, compatibility, adequacy of infrastructure and general compliance with the Land
Development Code.
16. The physical characteristics of the property and the degree of site alteration,
which would be required to make the property usable for any of the range of
'potential uses under the proposed, zoning classification.
While site conditions may restrict the location and square-footage of the buildings,
they would not render the property unusable.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as dermed and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and has found it consistent with the GMP. The conditions of
approval have been incorporated into the PUD document. Staff reviews for adequacy
of public services and levels of service determined. that required infrastructure meets
with GMP established relationships.
PUDZ-03-AR-4991, Rockedge RPUD 17
Agenda Item No. 8F
June 6, 2006
Page 25 of 246
FINDINGS FOR PUD
PUDZ-03-AR- 4~91
Section 10.03.05 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
Jurisdictional reviews by County staff support the manner and pattern of development
proposed for the subject property. Development conditions contained in the Rockedge
RPUD document give assurance that all infrastructures will be developed consistent with
County regulations. Any inadequacies that require supplementing the Pun document
will be recommended to the Planning Commission and the BCC as conditions of
approval by staff. Recommended mitigation measures will assure compliance with Level
of Service relationships as prescribed by the GMP.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided
or maintained at public expense.
Documents submitted with the Rockedge RPUD application provide evidence of unified
control. The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan (GMP).
The subject petition has been found consistent with the goals, objectives and policies of
the GMP. The Rockedge RPUD proposes a maximum of 400 multiple dwelling units, of
which III units will be designated for affordable housing that are consistent with the
GMP (See Staff Report).
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Staff analysis indicates that this petition is compatible, both internally and externally,
with the proposed uses and with the existing surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
EXHIBIT "B"
PUDZ-03-AR-4991, Rockedge RPUD 18
Agenda Item No. 8F
June 6, 2006
Page 26 of 246
As provided in Section IV - Preserve Areas and Subsection 6.9 - Environmental of the
PUD Document, the amount of open space set aside by this project is consistent with
the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the adequacy
of available improvements and facilities, both public and private.
The proposed Rockedge RPUD will not adversely impact the timing or sequence of
development that is currently allowed in the area. Furthermore, the adopted
concurrency requirements ensure that further LOS degradation is not allowed or the
LOS deficiency is corrected.
7. The ability of the subject property and o~ surrounding areas to accommodate
expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater
disposal system, potable water supplies, characteristics of the property relative to
hazards, and capacity of roads, is supportive of conditions emanating from urban
development. Infrastructure is or will be in place in the vicinity and its adequacy will
be determined when development approval is sought.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
The requested rezoning conforms to PUD regulations or the petitioner has sought
deviations that staff analysis finds justified.
PUDZ-03-AR-4991, Rockedge RPUD 19
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Agenda Item No, 8F
June 6, 2006
Page 27 of 246
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__ COLLIER- COUNT-Y GOVERNMENT-,-- ------------,-----
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLlIERGOV.NET
Agenda Item No. 8F
June 6, 2006"
Page 28- of 246
- '2800 NO"R.11t HOR-SESAOEDRIVE--
NAPLES, FLORIDA' 34104
(239) 403..2400 FAX (239) 643..6968
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A>PPUC;A 110N fOA' :PU$11€ '":S;';R,fl4,GFOR:,:
D pub REZO~EN~,U;I\),:tJ 0 -p~a iF~"tl:b RiEZCNE .tP_~-A:J
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
4THRE-SUBMITTAL "
PUDZ-2003-AR-4991
PROJECT #2003050052
DATE: 9/15/05
MICHAEL DERUNTZ
',...
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AP~~~:f, ~~~()~
,NAME OF APPLlCANT(S} Mr. Brion Mansour - Managing Agent of Woodfield Builders. LlC
ADDRESS 6604 Ridaewood Avenue
CITY Naples STATE Florida ZIP 34108
TELEPHONE # (239) 593-7834
CELL #
FAX # (239) 593-9489 .
E-MAIL ADPRESS:BrianMonsour@aol.com
NAME OF AGENT Robert M. Murhere
FIRM RW A. Inc.
ADDRESS 6610 Willow Pork Drive - CITY Naples
STATE Florida ZIP 34109
TELEPHONE # (239) 597-0575
CEll #' (239) 8~-9373 . fAX #(239) 597-0578
E-MAIL ADDRESS:rim@consult-rwa.com
NAME OF AGENT R. Bruce Anderson
FIRM Roetzel & Andress Low Firm.
ADDRESS 850 Pork Shore Drive. Trianon Centre-Third Floor CITY Naples STATE E.I.. ZIP 34103
TELEPHONE # (239) 649-2708 FAX #: (239) 261-3659 E-MAIL: banderson(Q),ralaw.com
BE AWARE THAT COllIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
-;------------1..
Agenda Item No, SF
June 6, 2006
Page 29 of 246
ASSOCL..\ TIONS
J
Complete the following for all Assoc:iation{s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP'
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY'
STATE
ZIP
r..".."."",
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DisclosUre o-fIllter.est liifo-rmation'"
. ",:; . ,'. ,.,-. '.-'- ..' ',", ..~ " '. .'.... '1 U ;- ~ -'
J
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
, well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
Application For Public Hearing For PUD Rezone 6/14/04
. .' ,Agenda Item No. 8F
b. If the property is owned bya CORPORATION, list the officers and stoC~!~~~~~
the percentage of stock owned .!ry~~c~_____ __ :_~~___________,-__ -____
Name and Addre5;s
Percentage of Ownership
100%
Folio: 00436360000
00436520002
00435400000
00433480006
00436440001
00436760008
00436600003
00433160009
00433800000
00436800104
00436800201
00436800308
00436800405
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Brian A. Mansour. Woodfield' Builders. LLC
6605 RidQewood Ave.. Naples. Fl 34108
, .
Name and Address
Percentage of Ownership
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the general and/or limited partners.
Name and Address
Percentage of Ownership
Application For Public Hearing For PUDRezcme 6/14/04
. Agenda Item No. 8E
. JIJn/=> n 2006
Page 31 of 246
------ - ---_._._--_._--_._~-------~-_._--
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract: _
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired!2J (12/2003) leased 0 Term of lease
yrs.fmos.
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates:
Anticipated closing date.
, or
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
Application For Public Hearing For PUD Rezone 6/14104
i
PROPERTY LOCATION
f,gOA;a ItQ~ ~ ~~
. ;guene ,-6, 2~06
Detailed le2al descrintion ofiheirropertVco~e;ed-bVthe aPDiiC;;-ti-o.ii.7{lf ~pace f;i~adeq~~t~7~ttach-H.. .....----
on separate page.) If request involves change to more than one %oning district, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey, .
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required~
Secti onlT ownshi p/Range
23
I 50 South I 26 East
Lot:
Block:
Subdivision:
Plat Book Page #: Property 1.0.#: Folios: 00436360000.
00436520002.00435400000.00433480006.00436440001.00433160009.00436800405.
00436760008.0043660003,00433800000.00436800104.00436800201.00436800308
Metes & Bounds Description: A PARCEL OR TRACT OF LAND SITUATED m THE STATE OF
FLORIDA, COUNTY OF COLLIER LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26
EAST, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGll'WING AT A 4 mCR CONCRETE MONUMENT MARKING THE CENTER SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE, ALONG THE EAST-WEST MID-SECTION LJNE OF SAID SECTION 23,
N.89000'52"E., A DISTANCE OF 664.38 FEET;
THENCE, DEPARTING FROM SAID MID-SECTION LlNE, S.01013149"W., A DISTANCE OF
1,350.38 FEET;
THENCE S.89040'52"W., A DISTANCE OF 662.16 FEET;
THENCE S.8904l'40"W., A DISTANCE OF 1,325.03 FEET;
THENCE N.Ol oOO'34"B., A DISTANCE OF 331.32 FEET;
THENCE S.89034'42"W., A DISTANCE OF 993.80 FEET;
THENCE S.00054'44''W., A DISTANCE OF 329.05 FEET;
THENCE N.89041'35"E., A DISTANCE OF 331.01 FEET;
THENCE S.00058'01"W., A DISTANCE OF 330:10 FEET;
THENCE S.89052'20"W., A DISTANCE OF 561.91 FEET TO A POINT ON THE EAST RrGHT-
OF-WAY LINE OFA 100.00 FEET WIDE CANAL THAT RUNS PARALLEL TO AND 100 FEET
EAST OF THE WEST LINE OF SAID SECTION 23;
. THENCE, ALONG SAID EAST RIGHT-OF-WAY LINE, N.00050'28"E., A DISTANCE OF 984.20
FEET;
THENCE, DEPARTING FROM SAID EAST RIGHT-OF-WAY LINE, N.89023'49"E., A
DISTANCE OF 894.94 FEET;
THENCE N.00059'07"E., A DISTANCE OF 662.00 FEET TO A POINT ON THE SAID EAST-
WEST MID-SECTION LINE;
THENCE, ALONG SAID EAST-WEST MID-SECTION LINE, N.89000'55"E., A DISTANCE OF
996.67 FEET;
THENCE, DEPARTING FROM SAID EAST-WEST MID-SECTION LINE, S.00057'32''W., A
DISTANCE OF 327.91 FEET;.
THENCE N.88058'25"E., A DISTANCE OF 663.65 FEET;
THENCE N.Ol o05'18"E., A DISTANCE OF 327.46 FEET TO THE POJNT OF BEGINNING.
Application For Public Hearing For PUD Rezone 6/14/04
-.--
.
CONTA1NIN~~,-~~~~9~,~QU~F~ETQR _~~:~_~~C~JL~O~Q~ L~~~'nu
Agenda Item No. 8~
June 6, 2006
Page 33 of 246
____.___.".u.__._.__.._..-...._.._ ~_ '_'_'___'__~.
Size of property:
ft. X _ ft. = Total Sq. Ft. _ Acres :1:76.46
Addresslf!eneraI location of subject property: The subject oroperty is located on the East side of
Collier Blvd. fCr 9511. approximately 6 tenths of a mile south of intersection with Rattlesnake
Hammock Road. in Section 23. Township 50 South. Range 26 East. Collier County. Florida.
PUD District (LDC 2.03.06): [gJ Residential 0 Community Facilities
o Commercial 0 Industrial
I
ADJAc~zd~OAND LAND USE
;}
Zoning
Land use
N A. TTRVC. PUD
S A
E A
W PUD
Undeveloped TTRVC. Single-Family & Hosoital land Uses
Nurserv & Single-Familv Lend Uses
Undeveloped & Sin ale-Family land Uses
lely Resort. Undeveloped (Across Collier Boulevard)
Does the owner of the subject property own property contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section/Townsh ip/Range
I
I
Lot:
Plat Book
810ck:
Subdivision:
Page #:
Property 1.0.#:
Metes & Bounds Description:
I':
R.RZ, ',;0' ''!I.,T:I1I':,. RE,';, 'Q' 00' ST'
. '.- "-." ..ci~..f3,;t' . -.", - ~.
" '~I
This application is requesting a rezone from the "A" Aariculture zoning district{s) to the RPUD zoning
distric:t{s).
Present Use of the Property: Mostly vacant. although a sin91e family home and a barn exist on the site.
Prop,osed Use (or range of uses) of the property: Residential multi family development with tyoical
accessory uses.
Original PUD Name: N/A Ordinance No.: b!LA
Application For Public Hearing For POO Rezone 6/14/04
f
EVALUATION CRITERIA
Ayell~:Jg~~~i:~~2~l
--.---:.,:------ Pursuant to Sectio-n- 16~02~13-o1the- comer' County Lelnd Develo'pment. Code~- . staff's --;;;alysis --;;~d-
recommendation to the Planning Commission, and the Planning Commission's recommendation to' the
Board of County Commissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the rezone request with specific reference to the criteria noted
below. Include any backup materials a.nd documentation in support of the request.
PUD Rezone Considerations (lDC Section 10.02.13.B)
I. The svitabifity of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, svrrounding areas, traffic and acc:ess, drainage, sewer, water, and other
vtilities. -
The proposed RPUD's consistency with the locational criteria set forth on the future land Use Map
and supporting Future land Use Element (FLUE), of the Growth Management Plan (GMP), and
consistency with the applicable Elements related to access, drainage, water, sewer, and other
utilities, combined with the development conditions and commitments contained in the proposed
RPUD document, gives reasonable assurance that all infrastructure will be developed consistent
with County regulations.
2. Adeqvac:y of evidence of vnified c:onfrol and svitability of any proposed agreements, contract, or other
instrvments, or for amendments in those proposed, partic:vlarly as they may relate to arrangements or
provisions to be made for the contin'ulng operation and maintenance of suc:h areas and fac:ilities that are
not to be provided or maintained at public expense. Findings and recommendations of this type shall be
made only after consultation with the county attorney.
The documents submitted with this Petition Application provide evidence of unified control.
Further, the proposed RPUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed PUD with the goals, objectives and policies ,of the growth management plan.
The development of approximately 76.46 acres of property in Collier County, Florida as a
Residential Planned Unit ,D,ev<<lllopment, to be known as the Rockedge PUD, with an affordable
housing componeniconsisting of alleast 30 percent of the units required to be sold to buyers
earning 80% or less of Collier County's median income, as calculated annually by the Depart!1'lent
of Housing and Urban Development (HUD), and based upon the 55.97 acres of the overall project
that qualifies for the bonus, will be in compliance with the goals, objectives and policies of:Collier
County as set forth in the adopted Growth Management Plan. The proposed residential
development, and accessory uses and facilities are consistent with the growth policies, land
development regulations, and applicable_,comprehensive planning objectives of each of the
elements of the Growth Management Plan for the following reasons:
The subject property is located within the Urban Mixed Use District/Urban Residential Fringe
Subdistrict as identified on the Future land Use Map as provided for in Objective 1, Policy 5.1 and
5.3 of the Future Land Use Element (FLUE), and the proposed residential development is consistent
therewith.
The project is proposed to be a residential development located within the Urban-Mixed Use
District/Urban Residential Fringe Subcttmtd,as identified on the Future Land Use Map (FLUM), of
the Future Land Use Element (FLUE). The FLUE provides for a density bonus within the Urban
Residential Fringe Subdistrict in the case of specifically identified properties. Within the subject
project, 59.97 acres of the subject property qualifies for the bonus of up to 6.0 additional units per
Application For Public Hearing For PUD Rezone 6/14/04
gross acre for projects providing affordable home ownership for residents earninlit!P~tiJttE}~~58F.
, Collier County's median income pursuant to the provisions of the Collier County L~nd pag~n~5 ~f 2~~
-------~-'--__oevelopment Code (LOC) 2~06-:00, excloding-subnctton 2-.06.03. O.rnhe 55.97 ciere porno-n ofne------
subject project, a density bonus of six (6) dwelling units per gross acre may be added to the base
density of one and one-halF (1.5) dwelling units per gross acre to provide For a gross maximum
density of seven and one-half (7.5) dwelling units per acre. The proposed total density of the
Rockedge RPUO is 400 dwelling units or 5.23 units per gross acre, which is less than the
maximum 7.5 dwelling units per acre that can be requested under the FLUE provisions. Moreover,
in reviewing the request affordable housing bonus in relation only to the qualifying 55.97 acres,
the requested bonus yields a density increase for that portion of the project of 285 units or
5.1 bonus units per acre. The net total density on the 55.97 acre portion is 369 units (84 units base
density 285 affordable bonus units) or 6.59 units per acre. Thus, considering only the 55.97 ac:re parcel
which qualifies for the affordable housing bonus, the requested bonus is below the maximum allowable 6
units per acre and the gross density is below the maximum allowable 7.5 units per acre.
The requested project density is therefore consistent with the Future Land Use Element, Policy 5.1.
of the Collier County Growth Management Plan.
The project wilJimplement Objective 1 of the Housing Element by providing additional "affordable
housing" dwelling units in Collier County, within the proposed. master planned development.
Moreover, these units will be provided for fee simple purchase.
I
The project will further the implementation of Policy 1.4 of the Housing Element by providing
"affordable housing" an area where planned infrastructure and services will be available.
The project will act to implement Policy 2.9 of the Housing Element by providing "affordable
housing" dwelling units blended within the balance of the PUO, a planned market rate
development.
The development will be compatible with and complementaryfoexisting and planned
surrounding land uses.
The development of the Rockedge RPUO will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the Future Land Use
Element.
The Rockedge RPUO is consistent with and furthers Policy 5.5 of the Future Land Use Element in
that it is using existing land designated for urban uses.
The Rockedge RPUO implements Policy 5.6 of the Future Land Use Element in that a minimum of
60% of the project will be open space or reserved for conservation purposes.
The RPUD Master Development Plan, with its natural preserve areas, lakes, recreation, and other
open space areas, will insure that the developed project will be an attractive and enjoyable
residential developmenf.
4. The internal and external compatibility of proposed uses, which conditions may inclua.,.re$tricfions on
location of improvements, restridions on design, cnd buffering cnd screening requirements.
The RPUD Master Plan has been designed to meet or exceed the applicable development standards
set forth in the LOC. No deviations are requested. Since the project calls for all residential
internally, there is no compatibly issve~5ince we will adh.r~ to LOe requirements in terms of
buffering, screening and other applicable regulation, there are no issues related to external
compatibility. Moreover, we are proving future connections to both the north (Johns Road) and
South (Sabal Pam), and have addressed access to property owner to our north.
Application For Public Hearing For PUD Rezone 6/J 4/04
5.
Agenda Item No. 8F
, June 6,. 2006
The adeq!Jacy of usable open space areas in existence and as proposed to serve the deve/oprrreage 36 of 246
The amount of open space set aside by this proposed project will meet and likely will exceed
'exceeds the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
The timing and sequence of the permitting of the proposed development coincides with the
programming of the County's proposed capital improvements to meet concurrency requirements.
Adequate improvements, utilities and other facilities can be provided.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal
system, potable water supplies, characteristics of the property relative to hazards, and capacity of
roads is supportive of conditions emanating from urban development. Relative to this Petition,
development of the subiect property is timely, because supporting infrastructure is available, or
will be in place by the time permitting of the proposed improvements is made.
8. Conformity with PUD regulations~ or as to desirable modifications of such regulations in the particular
case, based on determination that suc~ rriodifications of iustified as meeting public purposes to a degree at
least equivalent to literal application of such regulations. '
The proposed RPUD conforms to the LDe PUO regu/afions. No Deviations air requested.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions. Vou may wish to contact the civic or p~operty owners association
in the area for' which this use is being requested in order to ascertain whether or not the request is affected
by existing deed restrictions. .
Previous land use Delitions on the subject Dropertv: To your knowledge, has a public hearing been held
on this property within the last year? 0 Ves 18I No
If so, what was the nature of that hearing?
m NOTICE:
11
This application will be considered "open" when the determination of "sufficiency" has been made and
the application is assigned a petition processing number. The application will be considered "dosed"
when the petitioner withdraws the application through written notice or ceases to supply necessary
information to continue orocessin<;;l or otherwise actively pursue the rezonina for a period of six (6)
months. An, application deemed "dosed" will not receive further processing and an application
"closed" through inactivity shaH be deemed withdrawn. An application deemed "closed" may be re-
opened by submitting a new application, repayment of all application fees and granting of a
determination of "sufficiency". Further review of the project will be subject to the then current code.
(LDC Section lO.03.05.Q.)
Application For Public Hearing For PUD Rezone 6/14/04
STATEMENT OF UTILITY PROVISIONS Agenda Item NO.8~
June 6, 2006
---____, ______ __ FOJ!J~_UQ_ ~gQf.!E _REQUEST --------P-'!~_:F_Qf?AiL________
(Revised as requested and as applicable to reflect additional acreage and Density)
I
APPUCAN1f INFORMATION
,]
NAME OF APPLlCANT{S)
Brion A. Monsour - Manaaina Agent. Woodfield Builders. LlC '
ADDRESS 6604 Ridaewood Avenue CITY Naples STATE Florida ZfP 34108
TELEPHONE # (239) 593-7834
CEll #
FAX # (239) 593-9489
E-MAil ADDRESS:BrianMansour@ao1.com
ADDRESS OF SUBJECT PROPERTY (IF AVAilABLE): The subject property is located on the East side of
Collier Blvd. (CR 951). aoproximately 6 tenths of a mile south of intersection with Rattlesnake
Hammock Road. in Section 23. Townshio 50 South. Ran<;le 26 East. Collier County. Florida.
~' .
L~GA;lDESCRIPTION
, J
Sedio nIT ownshipjRange
23 I 50 South I 26 East
Lot: Block: _ Subdivision:
Plat Book
Page #:
Property I.D.#: Folios: 00436360000,
00436520002.00435400000.00433480006.00436440001.00436760008.00436600003.
00433160009.00436800405.00433800000.00436800104.00436800201.00436800308
Metes & Bounds Description: A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF
FLORIDA, COUNTY .OF COLLIER LYING W SECTION 23, TOWNSBJP 50 SOUTH, RANGE 26
EAST, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
.' BEGINNING AT A 4 INCH CON~RETE MONUMENT MA.RKiNG THE CENTER SECTION 23,
. TOWNSHIP 50 SOUTH, RANGE 26 EAST; ,
THENCE, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 23,
N.89000'52"E., A DISTANCE OF 664.38 FEET; ,
THENCE, DEPARTING FROM SAID MID-SECTION LINE, S.Ol o 13'49"W., A DISTANCE OF
1 ,350.38 FEET;
THENCE S.89040'52"W., A DISTANCE OF 662.16 FEET;
THENCE S.89041'40"W., A DISTANCE OF 1,325.03 FEET;
. THENCE N.01 oOO'34"E., A DISTANCE OF 331.32 FEET;
THENCE S.89034'42"W., A DISTANCE OF 993.80 FEET;
THENCE S.00054'44"W., A DISTANCE OF 329.05 FEET;
THENCE N.89041'35"E., A DISTANCE OF 331.01 FEET;
THENCE S.00058'01 "W., A DISTANCE OF 330.10 FEET;
THENCE S.89052'20"W., A DISTANCE OF 561.91 FEET TO A POINT ON THE EAST RIGHT-
OF-WAY LINE OF A 100.00 FEET '\VIDE CANAL THAT RUNS PARALLEL TO AND 100 FEET
EAST OF THE WEST LINE OF SAID SECTION 23;
Application For Public Hearing For PUD Rezone 6/14/04
, 'j~g~nda Item No. 8F
. THENCE, ALONG SAID EAST RIGHT-OF-WAY LINE, N.00050'28''E., A DISTANCE mflE98:42lJ06
, FEET' Page 38 of 246
, , ,
- .-:,::---.--~THENeE;_DEPARTINGFROM-SAIDEAST RIGHT=OF:wAY LlNE~N:89023l49"E~A-~---'--'---
DISTANCE OF 894.94 FEET;
THENCE N.00059'07''E., A DISTANCl;.,OF 662.00 FEET TO A POINT ON TIm SAID EAST-
WEST MID-SECTION LINE;
THENCE, ALONG SAID EAST -WEST MID-SECTION LINE, N.89000'55"E., A DISTANCE OF
996.67 FEET;
THENCE, DEPARTING FROM SAID EAST-WEST MID-SECTION LlNE, S.00057'32''W., A,
DISTANCE OF 327.91 FEET;
THENCE N.88058'25"E., A DlSTANCEOF 663.65 FEET;
THENCEN.01 o05'18"E., A DISTANCE OF 327.46 FEET TO THE POlNT OF BEGINNING.
.
"
CONTAIN1N'G 3,330,396 SQUARE FEET OR 76.46 ACRES. MORE OR LESS.
".":'" TyPt()'&EW~qED1~'()SALTOBEPRdmlt~_ .
(Check applicable system):
. ,.~
:' , ~ .;' : :.: ..::
COUNTY UTILITY SYSTEM
a . CITY UTILITY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(GPO capacity)--,-
e. SEPTIC SYSTEM
~'
o
o
o
o
L'
. 'typ:~Gf ,WA1fERseRVlGE TOSE ~R.~l~1i)
. _~ _.' ','. .. . . '.' M.. . _ '.. d.._.." : :., .
I
a. COUNTY UTILITY SYSTEM
b . CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME _
d. PRIV ATE SYSTEM (WELL)
[2J
.0
o
o
Tr$'1tA't POPU'LA:f.I:G~ T~B'ES~8:V$ll: ' , 000
, .
P-E,;AK ANi" AVERA~E, E>;~f~Y 'I.);EMA1Nt>:s:
. . ._,
A. WATER-PEAK 313 GPM AVERAGE DAILY
B. SEWER-PEAK 170 GPM AVERAGE DAILY
, 80.303 GPD
97.460 GPD
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED l2.2Z
NA:RRATIVE STAT-E'MENT: Provide a brief and concise narrative statement Clnd schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
Application For Public Hearing For PUn Rezone 6/14/04
. -
: dota and' soil involved shall be provided from tests prepared and certified ~EtP~~~5'~~~
engineer. ________________ __________ _ _J:~g~ 39 ~!_2_i6___ _____
COLLIER COUNTY UTIUTY DEDtCA liON STA TEM'ENT: If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement sholl
be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage
collection facilities within the project area upon completion of the construction of these facilities
in accordance with all applicable County ordinances in effect at the at time. This statement
shall - also include on agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the issuance of building
permits by the County. If applicable, the statement shall contain shall contain on ogreement,t-o
dedicate the appropriate utility easements for serving the water and sewer systems. .
s.i:AlJ'aMENTOF A'~t.L-Md,,':,~ln' -cA;PAiQITYFR'GMGTHeRP,RQVI:Q.ERS:Unless waived or
' "
otherwise provided for at the pre-application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, 0 statement from that
provider indicating that there is adequate capacity to serve the project sholl be provided.
Application For Public HearingForPUD Rezone 6/14/04
No. of Copies
~ 24*
~24*
~24*
~1
~24
1Zl1
IZl 2*
!ZI1*
1Zl4
IZl 5*
1Zl4
. ,1Zl7
~4
04
1Zl4
04
rgJ4
1Zl1
~1
1Zl2
~
Agenda Item No. 8F
?
Page 40 of 246
. SUBMITTAL -st:1FF1CtsncrGF,tEOKillSl
PUD REZONE or PUB 10 PUO '~E~<O;NE
THIS COMPLETED CHECKLIST IS TO SE SUBMITTED WITH APPIJC1o;TlON PACKET
Check here If not reauired
Completed Application 0
Pre-Application Meeting NoteS" 0
Legible Conceptual Site Plan 24" X 36" , 0
Conceptual Site Plan 8, V2" X 11 nO,
PUD Document and Master Plan 0
24" x 36" Master Plan 0
Warranty Deed or Contract for Sale 0
Owner/Agent Affidavit, signed & notarized 0
Environmental Impact Statement or waiver 0
Aerial Photos with Habitat Areas Identified D
Utility Provisions Statement with Sketches 0
Traffic Impact Statement or waiver D
Historical Surveyor waiver 0
Architectural Rendering of Proposed Structures ~
Boundary Survey, no more than 6 months 0Id(24" x36") 0
Copies of State and/or Federal Permits IZl
Affordable Housing Density Bonus Agreement, if applicable 0
Electronic Copy of piJD Document & Plans D
Copy of Letter notifying the U.S. Postal Service of project D
Addressing Checklist
Required Fees
* One additional copy required iffor Affordable Housing
As the authorized agent/applicant for this petition, I attest that all of the information indicated on
this checklist is included in tbis submittal package. I understand that failure to include all
necessary ~ubmittal information may result in the delay of processing tbis petition.
, -------
~~Plicant Signature
91;jlJr-
Dale
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 8F
June 6, 2006
P?ge 41 of 246
. , '
, . COLLIER COUNTYUTILITY DEDICATION STATEMENT
1. Brian A. Mansour, Managing Agel'f! of Woodfield Builders LLC, being first duly swom, depose and
, ' say that Woodfield Builders LLC agrees to dedicate to Collier County Utilities, the water'di$tribution.
, and sewage collection facilities within the project area upon completion of the COnstruction of these.
facilities in accordance with all applicable C;ounty ordinances. in effect at the at time. Additionally,
Woodfield Builders LLC, or successor developer agree that the' applicable system development
charges and connection fees Will be'paid to the Co'iintj Utilities Division prior to the issuance of
b7,lilding permits by the County. Finally, and if applicable, Woodfield Builders LLC, or successor
developer agrees to dedicate the appropriate utility easements for se1'17i'hg the water and sewer
systems. '
fv. C. ~
Brian A. Mansour
Managing Agent
Woodfield Builders LLC
.'Jhe f';regoi~g i5 was acbwwzedged before me this C rei.. day ~~
~~~ ' "{\U..-( who ,is personally known to me or has pro , ed
'Q as identification. , '
,200~
State of F10rida
County of Collier
..--
,. ,
(Signature of Notary Public - State of .
, Florida)
(print, Type, or Stamp ,Commissioned
Name of Notary Public) ,
J;SSICA FRAINE
N9TARY PUBLIC-STATE OF FLOFiIDA
MY COMMISSION EXPIRES OCT. 9, 2006
. COIIIllSSION NO. DD156494 '
.......".. .... . ..... .:.
PlnO~2003-AJt-4991
PROJECT #2003050052 '
DA TJi:: 11/5/03
RAY BELLOWS
Apl>lleanon For Public Hearinl! For POD Re:mne 4n4IG3 '
C:\Docu:mems and Setfi.ngs\Brian Mansour\My DoCllIllCDls\Brian\Ma:nsour-~EDlCA.tIONSTATEMEN1",doC
_..._~--_._-_.._--------_..._----..._....
.._~...__. -. ...-...--.-....---.-.-.- ..~... . ---_.
Agenda Item No. 8f
June 6, 2Q06
_________________ ______~_,__,_~___ ,'pj!g~A2 -oJ.246.,_" ,_
, '
... .. - .--
... .
- STATEMENT OF UTILITYPROVlSIONS' FOR PUD REZONE REQUEST
1. N.Al\ffi OF APPLICANT: BrianA~ Mansour-Managing Agent. Woodfield Builders LLC.
2 . MATI..1NG ADDRESS: 66.()4 Ridgewood Avenue
CITY Naples'
STATE
Florida ZIP
34108
ADDRESS OF SUBJEeJ; PROPERTY (IF A V AIL.AJ3LE): The Subiect Property is located on the
East side of Collier Blvd. (CR 951 t approximately 6 tenths 'of a mile south of intersection
, with Rattlesnake Hammock Road. in Section 23. Township 50 So~ Range 26 East. Collier
County Fl.
4.' LEGAL DESCRIPTION:
Section: 23
Township: 50 South
Range: 26 East - '
Lot
Block:
Subdivision: '
Plat Book~Page#: PropertyI.D.#: Folios: 00436360000.00436520002.
00435400000~ 00433480006. 00436440001. 0043:3160009.00436800405.00436760008.
00436600003 '
Metes & BoundS Description:
TIiE NORTH Y:z OF THE SOUTIIWEST'Y. OF THE NORTHWEST 1,4 OF THE SOUTHWEST 1,4 AND THE
NORTHWEST Y. OF THE SOUTHEAST Y. OF THE NORTHWEST Y. OF THE SOUTHWEST K LESS THE
NORTH THIRTY FEET FOR ROAD RIGHT OF WAY PT,JRPOSES aNI.. Y OF SECTION 23. TOWNSHlP 50
Sount RANGE 26 EAST. COLLIER COUNTY. FLORIDA. LESS THE WEST 1,00 FEET THEREOF.. AND:
TIiE NORTHEAST II. OF THE SOUTHEAST V. OF 'tHE NORTHWEST II. OF THE SOutHwEST ,'I.. LESS
THE NORm 30 FEET THEREOF FOR ROAD RIGHT OF WAY. SECTION 23. TOWNSHIP 50 SOtrrH.
'RANGE 26 EAST. COLLIER COUNTY. FLORIDA. AND:
THE soum ~ OF THE NORTH ~ OF THE WEST % OF THE NORTHEAST II. OF THE SOtrnf:wEST '..4
AND THE SOUTH Y:z OF THE WEST Y:zOF THE NORTHEAST '4 OF THE SOUTH'WEST If.. SECTION 23.
TOWNSHIP 50 SOurn. RANGE 26 EAST. OF COIl TF.R COUNTY. FLORIDA SUBJECT TO AN
, EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF. .AND:
.AN EASEMENT '36 FEET IN WIDTH OVER AND ACROSS THE EAST 36' FEET OF THE NORTH ~ OF .
THE NORTH % OF THE WEST % OF THE NORTHEAST % OF THE SOUI'HWEST y.. SECTION 23.'-
TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF COLLIER COUNTY. FLORIDA. AND TOGETHER WITH:.
A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS THE NORTH 50 FEET OF
THE SOUTH Y:z OF THE NORTHWEST 1,4 OF THE SOUTHWEST K SECTION 23. TOWNSHIP 50 ,
soum RANGE 26 EAST. OF COLLIER COUNTY. FLORIDA. AND: ,
THE NORTIi Y:z OF THE NORTII % OF THE WEST % OF THE NORTHEAST v.. OF THE SOU'THWEST V4o,
, SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF COLLIER COUNTY. FLORIDA. AND: '
, ' '
THE SOUTHWEST 1,4 OF THE SOUTH WEST II. OF THE NORTHWEST % OF THE SOU'I'HWEST 1/4.
SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF COLLIER COUNTY. ELDRIDA, ,
AnnIication For Public Hearlnl!: For PUD Rezone 8/29/03
.,. ,- .' ..
Agenda Item No. 8F
, June 6, 2006 .
. , ".. Page 43 of 246
-----. THE EAST ~ OF TIIE NORTHEAST--~ OF1BB NORTHWEST JkBF TIrE SOtfl'HWESTX. LEss THE - .
NORTH 30 FEET FOR RIGHT OF WAY SECTION 23. TOWNS1:IIP SO SOum. RANGE 26llST. OF
COLLIER COUNTY. FLORIDA AND:' ,
THE NORTII ~ OF TIIE NORTHWEST 14 OF THE SOUTHWEST ~ OF TIIE SOUTHWEST ~ LESS THE
'\VEST 100 FEET OF SECTION 23. TOWNSHIP SO soum. RANGE 26 EAST. OF COLLIER COUNTY.
FLORIDA., AND:
THE EAST ~ OF THE NORTHEAST ~ OF THE SOU'I'HWEST 14 LESS THE NORTH 328.19 FEET OF
SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF COLLIER COUNTY. FLORIDA.
CONTAINING 55 ACRES. MORE OR LESS.
. 5. . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system.):
a. COUNTY UTILITY SYSTEM:' .' '., ,IZI '
b. CITY UTILITY SYSTEM . 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d4 PACKAGE TREATMENT PLANT. 0
GPD cap,acity) .
e. SEPTIC SYSTEMD .
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM '
c. FRANCHISED U'l:'ILITY .SYSTE,M
PROVIDE NAM:E '
d. PRIVATE 'SYSTEM (WELL)
7. TOTAL POPULATION TO BE SERVED: 833
, '~
o
o
o
8 . PEAK AND AVERAGE DAILY DEMANDS: '
, A. WATER-PEAK 268 GPM , AVERAGE DAll.,Y
B~, . SEWER-PEAK 145 GPM 'AVERAGE DAILY
154.105 GPD
83.300 GPD
9. ': IF PROPOSING TO BE CONNECTED TO COLLJl!:R COUNTY REGIONAL '
- WATER SYSTEM, PLEASE PROVIDE ~ DATE SERVICE IS EXPECTED TO BE
. , REQ~D: December 2004
10. 'NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the.
method of effluent and sludge disposal. If percolation ponds are to be used, thei:t percolation
data and soil involved shall be provided from tests prepared' and certified by a prafes.sional
engmeer. .
11~ COLLIER COUNTY UTILITY DEDICATION STATEMENT: 'If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate, to Collier County Utilities the water
diStribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with aU applicable Coun.ty ordIDances in effect at
the at time. This statement shall also include an. agreen:ient that the applicable system
development charges and connection fees Will be paid to the County Utilities Division priO! to
AponCJltion For Publk Hearin" For PUD Rezone 8/29/03 '
......""-...-..._-~._.__.---......_-----~_._....~_.._._._._.. ."-.' ..-........ ..,_.......
Agenda Item No. 8F
.' June 6, 2006
- theissuanc-e-of'buiidiIrg-p-ermi~b-y11le County: Ifi:pplicabTe, the-'sf~t~erit slii1lC:~t~~Ti4-ih:J-46_,____~ ---'
contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems. .
12. STATE:MENT OF A V An..ABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided fot at the pre-application meeting, if the project is to receive
sewer or potable water services from any provider other than. theCounty~ a statement from:
that provider indicating that there is adequate capacity to serve the proj ect shall be provided. '
, Utility Provision Statement RJM lo-tl7f9?
Annl1catlo!l For Public: Ream!! For PUD Rezone '8/29103'
. ...:.-_---_. -------.--.----,-.,....--.-..--------~---------.- .--.--- ..
Agenda Item No. 8F
June 6, 2006'
Page 45 of 246
--------_..__.~". ..-.---..---.--.
NEWTOWN SQUARE RPUD "
CONCEPTUAL WATER MANAGEMENT REPORT
Prepared by:
UWTKC
CONSULTING
......... Y Y -L ...IL
" · Engineers '. SUrveyors &. Mappers
. Planners · Project Managers
3050 North Horseshoe Drive
Suite 270
NB.J>les, FL 34194
October 29, 2003
a___~~.,~. !-
Christopher O. Wright, P.E. '
FL PE No 47059
~ c.J'/) ~ /~'3
P:\2002\02-0163.01 Mansour PUD\QOO3 PUD, Rezoning\RPUD & Water Management Plans\Nc::wtown Square RPUD Report.DOC
, ",
.: -"--~. -_.._~'.._----_.""""~""" .-.....- - - -. ~
Agenda Item No. SF
,June 6, 2006
_______ .P~.9~46QL246.
-.--. ._---,._'----""""":" --~ ..
-----------_..._.---~.-....._...~_. -'~'--'
Newto~ Square Residential Development
Conceptu,al Sto~ Water Management Report
1. Introduction
, .
The prop~is located in the :westerri half of Section 23) Township 50 South., Range 26 East of
Colli~Coun~. The p~ject site is immediately east ofColli~Bivd (951) appr~xi.m:ately 1/~ mile
,south of Rattlesnake H~ock Road.. The site is undeveloped forested lands with the exception of
, .
Unimproved roads) FPL easement an.!i existing' smgle,fainily residen~es._ The existing elevations
, typically range from 7 to ~ with some low.lying wetland areas. Some of the wetlan~ assemblages
will be preserved and these a:r:eas Will be included in the on site,stonn water management system. . ,
The wet season water table is estimated to be elevation 6.8 NGVD on the western side of the
I>roject and 7.8 NGVDon the eastern side based upon existing ground and wetland elevations along
with the review of the SFWMD p,ermit for W:~ding .Cypress to the s~uth. ' Th~ property ~ ~
allowable dis,~harge rate of 0.15 cfs per acr~ by Col1i~ CoUnty Or~aD.c~ 90-10. The proposed
~o~ water management system will ~onsists of~terconnected lake~ that ~ provide water qUality
treatment and ~ttenua'!i~n of the runoff from :the development. ,~epropose? control structure will
discharge to the 951 canal. The 25 year 3 day tail water elevation iJ?,th~ 951 calial is 'b as ed.on peak '
stag~ infortnatioripr~~ded b~ Big Cypi-e~s ~asin. The ~roposed i~d use breakdo.wn sh?wn'~elow
';, is C~DCeptuai only an9..m~y be m~cijfied during the permitting process in Cl;ccordance,With existing
and new regulations., '
II. Proiect Site - Proposed Land Use.
Description ' Area % of Total.
Residential. Building Impervious 7.99 14,18%
R/W Pavement Area 10.56 18.87%
Sidewalk 1.81 3.23%
Clubhouse & Amenities 0.10 0.18%
. P:\2002\02-O 163.01 Mansour PUD\OOO3 PUD Rezoning\RPUD & Water Management P1ans\Newtown Square RPUD Report.DOC
1 ' .
Agenda Item No. 8F
June 6, 2006
,________ _________, __, Pag~~!~!}-46
, _ Open Green Area 19.35 34.57%
Wetland Preserve, 8.15 14.56%
Archeological Preserve, 1.82 3.25%
Lake Maintenance Easement 1.93 ' 3.45%
. Lakes 4.26 7.61%
Total 55.97 Ac 100%
ill Storm Water Management Calculation
, ,
A. Water Quality Calculations for entire site
Determine % IMPwQ:
Area WQ = 55.97- (4.26 + 8.15 + 8~04) = 35.52 ac.
, '
: Th:1P Area ~~ = 35.52 -:-21.28='14.24 ac. '-
-' % IMPwQ= (14.24/35.52) 100 = 40.09%
VWQ (1 ") ,,; 55.9? ac, xl" x 1 '/12'i = 4.66 ~-ft
VWQ(2.5") = i.5" x 40.09% x (55.97 -4.26 - 8.15) a,c x 1'/12" = 3.64 ac-ft
B. Water QUality Calculations for Basin 1
, -
DeteJ;!Iline % IMPwQ:
Area 'wQ == 12.02 - (1.14 + 1.88) = 9.00 ac.
IMP .!>.rea WQ = 9.00 - 5.58 = 3.42 ac. _
%IMPwQ= (3.42/9.00)100.= 38.00%-
VWQ (1") = 12.02 at xl" x .1'/12" = 1.0 ac-ft.
VWQ (2.5") ~2~5" x 3~.00%x (12.02 -1.14) ac x 1'/12" = 0.86' ac-ft
A vg proposed pavement elevation = 1.0.6
Total Allowable discharge rate 0.15 cfs! acr~ over weir in Basin 1
- .
0.15'(55.97) = 8.4 cfs during 25 year-event
P:\2002\02-0163.01 M~ PUD\O003 ~UD Rczonfug\RPUD & Watc:r Management PJan.s.\NewtoWn Square RPUD Repqrt.DOC _
2 '
, ,
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Agenda Item No, 8F
- June 6, 2006
___ Pag~48Qf 246--- -----
- ..~-,-------"._.--_._--- .-.
,- ,
Determine Stage/Storage for Basin: 1 '
Storage Area Storage V 61
Acres; _ Ac- Pt
1.14 0.0
Sta?e
6.8
10.8
10.81
11.8
12.5
1.84
4.77
10.14
12.02
5.96,
From ~terPolation, water quality occurs in Basin iat Elev. 7.47 -
Determine Stage/Storage for remainder of site
Sta~,
7.8
10.8
10.81
11.80
-'13.00
_ Storage Area
Acres
11.27
12.86
20.39
34.39 .
43.95
Storage Vol '
Ac- Ft
0.0
, 36.20
, .
. '
.' From interpol~tion, w~er quality trea1ment for 4:66 -1.00 = 3.66 ac-ft occurs in remainder of
site at Elev. 8.10
'Calculation for Bleed-Down Mechanism in the Control Structure for Basin 1
Size of bleeder: will be determined basedupo~ a maxiinum design discharge qf 1/2"ofthe
detention volume in 24 hours.
Detention volume = 1/2(55.97 - 426 - 8.15)/12 = 1.82 a~- ft
Detention volume for bleeder:
Vol = 1. 82acft in 24. hours
P;\2002\02-01-63.tn Mansour PUD\0003 PUD Rezonin~ & Water Mana~ent Plans\NewtoWn Square RPUD Report.DOC
,3 -
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--_._-_.__..._'..---~-- ---~~--- - -
Agend<;iltem No, SF
June 6, 2006
______'-_, _____~~______~____'__, ___ Pag~: 49_ Qf 246.____
Q = 1. 82(43,560) cf/24 hOUTS Q = 32Q4.23/hr x 1 hr/60 min x 1 'min/60 see
Q = 0.92 cf7sec '
From the SFWNID Manual. Volume N, page C-N-26, Section D, we have the following
, equation for orifice flow;
Q = 4.S .ARI/2
A ~ Area of orifice (ft)
H = Head above orifice eft)
Area of onpce = Q 1 (4.8 X RII2)
H = 7.47 - 6.8 = 0.67 ft.
'Area of orifice, = 0.92 cflsec/4.8/0.67 ft
Area of orifice = 0.23 if.
A ~ 3 x D2/4; /diametd = 1(A:[ea x 4/&) ,
Diameter /(0:23 ft2 x 4/3) = 0.55ft x 12 = ~.55"
Therefore the bleeder will have to have a different corrfiguration than D.5S" diameter,
, because the invert will be placed at elevation 6.8. Refer to XP-SWM:M model for
configuration of weir.
Finished F100r Elevation
100 year 3 day'event with 0 discharge, preliminary peak stage e1~vation = 11.2 '
Therefore reco~ended minimum finished floor elevation = 11.5.
P:\?002\02.Q163.0I Mansour'PUD\0003 PUD Rezonmg\RPUD & Water Management PlanS\N~ Square RPUD Report.DOC
4
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_~.n1: ay: RWA.j
ADDRESSING
~41 649 7058; A.pr-25-03 9:33;
Agenda Item No. 8F
June 6, 2006
Paqe 51 of 246
P'AGE Ell
Pege 1/3
ADDRESSING CHECKLIST ,
Please complete the following ~ submit totht Addreasing Sccti01'\ for Review. Not all items will armly m
everv MOiect. lmms in bold tvDe me r=aui.m.. '
1. LqaI dtsc:rlptloll of !rUbject property orpropcrtics (copy uf lenglTry d~c:rlptlon mlr)I be attached) Attached
- P&rcels 55. 84. 80, 60.11. 82.6 ocr Tax MaD Pwe SB123S 'B, z. '3 - So - ~~
2. Folio (Property ID) DllmbeJ:(s) of abo~ (auach to, or ass0ciat8 with, lqcl description if man than OM)
0043540??oo. 00436520002. 043636??oo. 00433480006. 0043b44QQQl. 0043316QPQ?__
3. Street add.t-ess or addresses (as applicab1rt.. If already assigned)
'TBD '
4. Loeatioft RUlp,sbowing ~ lOOauon ofpt1:ljectlsite inniation to nean:stpublicroad right-of-way{Qttac}i)
AU.aehed
S. Copy ofsurvey (NEEDED ONLY FOR UNPr..AT,rW PROPERTIES)
6. Proposed project name (if applict:JJ/e) ,
Mansour PUD (WOJ'ldng tit1~)
7. 'Pl'UpOlied S lrc:et names (if applicable)
TBD
8_ Site Development Plan Numb=- (pOR EXIS'I"ING PROJECTS/SITES ONL'V)S'DP _ ..
9. Petitioa Type - (Complete a separate Addressing Checklist for each Petition T;ype)
o SDP (Site Development Plan)
o SUPA (SDP Amendment)
B SDPT (SDP Insubstantial Change)
SIP (Site tmptgvem=nt Plan)
o SlP A (SIP AmendJncmt)
o SNR (Street Name: Change)
o VegetaticmlP.xatic (Vcg. Reanoval Permits)
l8J Land Use Petition (Variance, Couditional use.'
Boat Dock Ext., Rezone. PUD rezone. etc.)
o Otba - Describe: '
10. 'Projector dcveJopmr:nt Dames proposed fOr, or already appearing ~ co.adommium dot:U.I'DentB (if
app1icable~ indil:ate whether proposed Dr ~isti,ng) .
1 t - Please Check One: gbhCCidist is to be Faxed Back: 0 Personally Picked Up
12. A,ppliclIIltNlllne Nicole Gassawav ,. RWA. fnc" Phone 239-649-1509 Fax 239-649..7056 '
13. Signature an Ackh=ssing Chcck1iat does not constitute Project and/or Street Name Bpjn'ova1 and i8 BUbjOOl to
further review by 1he Addressing Section. '
FOR STAFF USE ONLY
Primary Number I C> \1 ~
Address Number 101 4-a
Address ~ber \(')\ ~(..
Address Number J D' \-,
IbOG.,
Rcvisect 3-21-01 \ 0 l ~ cg
.P:\2002\02-0! 63.01 Mansour FtJDIK.lOO3 PUD Jl.ezoning\AcIdre.55in& F0rm-4-ZS-03.dac:
o PPL (Pbms lit. Plat Review)
o PsP (PrelimInary Subdivision Plat)
o FP (Final Plat) . ' ,
o LLA (LotLineAiljw:bncnt)
8 BL (Bluting Permit) ,
ROW (Right-of- Way Pea:mit)
o EXP (Excavation Permit)
o VRSFr> (Yeg, Removal & Silt: Fil~ Pc:rnnt)
Approved by .Jlr'l.-n:...A
m~ci.rn J)ate 04-. 'Z. ~ - O~
'RECEIVED
PUDZ-2003-AR-4991
PROJECT #2003050052
DATE: 11/5/03
RAY BELLOWS ..
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PROJEcr #2003050052
DATE: 9/15/05
MICHAELDERUNTZ
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Agenda Item No, 8F
June 6, 2006
Page 52 of 246
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BOUNDARY SURVEY
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Fl;ORIDAASSPCIATJON, OF REAL TO,RS~,
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PUDZ-2003-AR-4991
PROJECT #2003050052
'DATE: 11/5/03
RAY BELLOWS
S 3D 02 '11 . 1 3A'~' Agenda It~m N~ 8F
ep- - '. 'VI.., Jun~~ LtJ06
'. P?ge 53 ~f 246
~
. S-e'1.'t ~y: BRAUN REAL ESTATE;
... .
941 262. 0682;
l' 1_ PURCHASE AND SALE: Brian A. Mansour
2" agrees to buy and Edward E. Fahey
3. agrees to sell the Property described as: street Address: 6953 Johns Road
{"Buyer')
("Selle!"')
4- Naples, F~orida ,
34114
5- Legal Descripfion:T50,R26,S23; E 1/2 of NE 1/4 of SW 1/4 Leaa if 32S.1.9';PJ:Dj 004'33160009
69
.,. and the following Personal Property: N/A '
B'
9 (all collectively referred to as the 'Property")on the terms and conditions set forlh below. The "Effec:tlve Daten of this Contract Is
10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5
11 days or less will be computed without including Saturday; Sunday, or national, legal holidays aryd any time period ending on a
12 Saturday, Sunday or na1ional legal holiday will be extended until 5:00 p.m. of the next business day.
. . . ". I .
13' 2. PURCHASE PRICE: $
14" (a) Deposit held in escrow by . Ho~ly Harmon, Esq. $
15- (b) Additional deposit to be made within 365* days from Effeclive Date $
16' (e) Total mortgages (aHeferenced inParagraph 3)
$'
lr (d) ,other: N/A $
1S' (e) Balance lei close, subject to adjustments and prorations. to be made with cash, locally drawn $
,~ certified or cashIer's check or wire transfer.
,N/A
. "
20- 3. THIRD PARTY FINANCING: Within N/A days from Effective Dale rApplication Period"), Buyer will, at Buyers expense, apply for
21" third party financing in the amount of $ N / A or N / A % or the purchase price to be amortized'over a period of ~
'.....
22' years and due in no less than N I A years and, with a fixed interest rate not to exceed 0 N IA % per year or variable interest rat~ not
.23. fo exceed 0 N/A % at origination with alifetirne cap not 10 exceed N / A % from initial rate, with additional terms as follows:
24" N/A .
25 Buyer wlll pay for !he mortgagee title insurance policy and for aD loan expenses. 8uyer will timely provide any and aI credit,
25 employment,' financial and other information reasonably required by any lender. 8uYBr will notify Seller immediately upon obtaining
27- financing or being rejected b~ a lender, If 8uyer, after dIligent effort, fails to obtain a written commitment within N/A days from
28 Effective Date ("Financing Period"), Buyer may cancel the Contract by giving prompt notice tq Seller and Buyers de~sil(s) will be
29 retumed ~er in accordance with Paragraph 9.
30' Buyer ~ ( , ) and Seller (f: -c;:) (
) acknowledge receipt of a copy of this page, which is page 1 of 5 Pages.
CC'2 e1997 Florida Association of REAL TORSQll All Right. Reserved
Pro:luced wl!h ZipFarm.... by RE l'armlNe(. LLC 18025 FX\..n Mo. Ralll. crnlon ToWnshiP, MlchigBn 48035. (800) ~83-980S
Oo""".!-Fiyc R..lly 3411 iamilmi irall North,.. N&pl., Fl )41llJ Pho.e: 'I<lJ26122<< FIlL 'I<l1211206U
1'95J47SS.Zl'X
."
,S ertt By ~ BRAUN REAL ESTATE j
941 262 0682;
S ep - 30 - 02 11: 14AM,; Agenda I~ }Jq.. ~ "
Juri6"15, 2006
p_____ .._ ___________. _._ ___....i'Ci9g;54 ~f246 ,-'
- .......-~_. ----
31' 4. TITLE: SeIler has the 'legal capacity to and
32' 0 other N/A
33 but subject to property taxes for the year of closing;
34' other matters 10 which title wDl be subject) N/A
wIll convey marketable' tiUa to the Property by l&l statutory warranty 'deeq
. free ofllens, easements and encumbrances of record or known to SeHer,
covenants, restrictions and public utlllty easements of record; and (list any
w ;
38 provided there exists at 'dosing no violation of the foregoing and none of them prevents 8uyei's intended use of the Property as
37' Zoninc; J\p'prova~ to "be sO'Uqht by Buyer from. Col~:ier County for Rasi.denti.u ~ose. "
3S~ (~) Evidence of Title: Seller will, at (check one) 0 Sell~r's IX! Buyer's ~:xpense and within ~ days f%I trom Effective Date
3~ 0 prior to Closing Data 0 from date Buyer meets or waiVes financing contingency in Paragraph 3, denver to Buyer (check one)
40' 0 a title insurance commitment by a Florida licensed tiUe insurer and, upon Buyer recording the deed, an owner's policy in
41 the amount of the purchase price for fee simple tiUe subject only 10 exceptions stated above. .
42' IXI an abstract of title, prepared or brought current by ari existing abstract firm or certified as correct by an existing firm.
043 However, if such an abstract Is not avaflable to Seller, then a prior owner's title policy acceptable to the proposed insurer as
44 . a base for reissuance of coverage, The prior poliCjl will include copies of' all policy exceptions and an update in a format
45 acceptable to Buyer from the policy effective date and certified to Buyer or, Suyer's closing agent together with copies of all
415 documents recited in the prior policy and in the update. .
47 (b) TlUe Examination:' Buyer will. within 15 days from receipt of the evidence of title del1ver written notice to Seller of title
48 defects. Title will 6e deemed acceptable to Buyer Ii (1) Buyer fails to deHver proper notice of defects or (2) Buyer delivers proper
4~ written notice and Seller cures lf1e defects within ~oo days from receipt of the notice ("Curative Period"). If the defects are
50 cured wl1hinthe Curative Period, closing will ocx:ur within 10 days from receipt by Buyer of notice of such curing. Seller may
51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period, If the defects are
52 not cured Within the Curative Period, Buyer wUI have 10 days from receipt of notice of Seller's InabUlty to cure the defects to
53 elect whether to terminala this Contract or accept tlt1e subject to exisUng defects and close the transaction without reducUon In
&4 purchase price. The party who pays for the evidence of litIe win also pay related title service fees including tille and abstract
55 charges and liUe examination.
58 (c) Survey: (check applicable provisions below) ,
57- lXI Seller will, within 1.4 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and
58' efl9ineering documents, if any, and the following documents relewnt to this transaction: Any 8n.d aJ.1. bo'lindarv Survevs
59. tOQ'ethar with any zoning change or prior perm.i t aop-pii.cations , prepared for Seller or in Seller's
60 posses~ion, which show all currently existing structures.
81' . ca BuyerwJ1, at 0 Seller's 1%1 Buyer's expense and wllhln the lime period allowed to dellyer and examine litIe evidence,
62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the
" 63' Property or that the, improvements encroach' on the lands of another, 0 Buyer wm accept the Property with exisUng
64' encroachments !XI such encroachments will constitute a I1lle defect to be cured within the Curative Period.
, 65 (d) Ingress or Egress: S~lJer warrants that the Property presently has ingress and egress.
68 '. (e) Possession: Saller will deliver possession and keys for all locks arid alarms to Buy~r at closing.
117' 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in ' Collier County, Florida on
68' or before the' ~ _ , _ ._ ur iHIthiil _ days from Effective Date ('Closing Date"). unless otherwise extended
es' herein. 0 Seller IX! Buyer wDl designate the closing agent Buyer and Seller will, within 16 days from Effective Date, deliver to
70 Escrow Agent signed Instructions which provide for closing procedure.. If en institutional. lender is providing purchase funds, lender
71 requirements as to place, time of day, and closing procedures will control over any contrary provisions of this Contract. '
n (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the ,deed.
73 "Seller will pay taxes on the deed and recording fees for documents needed to. cure title defects. If SeIler is obligated 10 discharge
74 any encumbrance at or prior to closing and falls to do so, Buyer may use purchase proceeds to satisfy the encumbrances.
75 (b) Documents: Seller will provide the deed, bill of sale. mechanic's lien affidavit. assignment of leases. updated rent roll,
78 lel'lant' and lender estoppel letters. assignments of permits and licenses, corrective instrumenls and letters notifying tenants of
n the change in ownership/rental agent If any tenant refuses to execute an estoppel letter, Seller wiD certify that information
78 regarding the tenanrs lease is correcl If Seller is a corporation, Seller will deliver a . resolution of its Board of Directors
7i au1horizing the sale and defivery of the deed and certification by the corporale Secretary certifying Ihe resolu1ion and setting forth
80 facts showing the conveyance conforms with the requirements of local law. Seller.wiU transfer securlty deposits to StJyer. Buyer
81 wit projde the closing statet!lent, mortgages and notes. security agreements and financing stat~ents.
82' Buyer ~ (~ and Seller ~ ( ) ack:nowledge receipt of a copy of this page, which is page 2 of 5 Pages.
CC-2 01997 Florida As~tlon Qf REALTORS'<<). AU Rillhls Reserved
_ wllh ZipForm '" by liE FonnsNl>l, U.C 1802S Fifteen Mile Road. CIInIon T ~'hip. Mlchlgan ~8Q35. (aDO) 383-SB05
T9~ 1~1ISZI'X
-:.., .
,Se,l;lt B.y: . BRAUN REAL ESTATE;
941 262 0682;
Sep-30-02'11 ;;SAMj.Agenda It~rNo,<t&~7
-, June~~~b
Page 55 of 246_
--- 6-3-; ---(c)-Tiixes, - Ass.essmEmts, Prorations: The fonowing Hems will be made current ano prorated f[J as of Closing' Dr
64- 0 as of . N/A : real est,ale faxes, bond and assessment paymilnts assumed by Buyer, intere
8S' rents, association dues, insurance premiums acceptable to Buyer, operational expenses and N I A. . " .
86 If the amount of taxes and assessments for the current year cannol be ascertained, rates for the prevIous year will be used with due
87 allowance being made for improvements and exemptions. Seller Is aware of the foRowing assessments affecting or potentiarly.
BS' affecting the Properly: . .
6a Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Date, _ unless the
90 improvement is substantially completed as of Closing Date, in whlch case Seller will be obligated to pay fhe entire assessment.
91 (d) FIRPTA Tax: Withholding: The Foreign Investment in Real Property Act ("F1RPTA') requires Buyer to withhold at closing a
92 portion of the purchase proceeds for remission to the Intemal Revenue Service (cl.R.S--") it Seller is a 'foreign person" as defined _
93 by the . Internal Revenue Code. The parties agree to comply wIth the provisions of FIRPTA and to provide, at or prior to closing,
94 appropnate documentation to establish any applicable exemption from the withholding requiremenllf withholding is required
85 and Buyer does not have cash sufficient at dosing to meet the withholding requirement. Seller will provide the necessary funds
86 and Buyer win provide proof to Seller that. such funds were properly remitted to the I.R.S.
87' 6. ESCROW: Buyer and Seller authorize Ho~~Y' Harmon, Esquire,
9~ Telephone: 262~~202 axt. 14 Facsimile: 262-5219 Address: 383B :rami.am.i. :rrai.1 N., Suite 4~O
99'" Nap~ea, FL 34103 to act as 'Escrow Agent"
100 to receive funds and other Items and, subject to clearance, disburse them in accordance with the terms of this ContracL Escrow
101" Agent wiD deposit all funds received in 0 a non-interest bearing escrow account sa an interest bearing escrow account wtth
102' interest accruing to Brian A. Manao= with interest disbursed (check one) 0 at closing
103" 0 at N I A in lervals. If Es crow Agen t receives conflicting demands or has a ,good faith doubt as to Escrow
10.4 Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow untn the parties mutually
105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' tights regarding the
106 escrow or, (b) deposit the subject mattar of lhe escrow with !he clerk of the circuit court having jurisdiction over the dispute. Upon
107 notifying the parties of such action, Escrow Agent will be released from all liabilily except for the duty to acc;ount for items'
108 prevlousty delivered out of escrow. If a licensed real estate broker, Escrow Agent wiD comply with applicable provisions of Chapter
109 475, Florida Statutes. In any suit or arbitratlQn in which Escrow Agent is made a party because of acting as agent hereunder or
110 interpleads the sLibject matter ci the escrow, Escrow Agent will recover reasonable attorneys' fees and costs ,at an levels, with
i11 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded ~ court, or other costs in favor'
112 of the prevamng party, The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of
1;3 escro~ed Items, unless the, misdelivery is due to Escrow Agent's willful breach of this Contract- or gross ri~gligence.
114 7. PROPERTY CONDITION: SeHer wl1l deliver the Property to Buyer at the time agreed in its present "as is' condition, omin:
'15 wear and tear excepted, and Will maintain the landscaping and grounds in a comparable condition. Seller makes no warTal')lk.
116 other than marketability of title: By accepting the Property 'as is., Buyer waives an claims against Seller for any defects in fhe
117 Property. (Check (a) or (b)) , " ,.' . '
118- 0 {a) As is; Buyer has inspected' the Property or waives any right to inspect and accepts the Property in. fis 'as is" condition.
1111" IKllb) Due Diligence Period: Buyer wm, at Buyer's expense and within 35S days from Effective Data iDue Diligence Period"),
120 dete!Tl1ine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of
' 121. the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests. analyses. surveys and
122 investigations (Clnspections') which BlJ}'er deems necessary to detennine to Buyer's satisfaction the Propertls engineering,
123 architectural, environmental properties; zoning and zoning restrictions; flood zone designation and restrictionS; subdivision
124 regulations: soil and grade; availability of access to public roads, water, and other utilities; consistency with local, stale and regional
125 growth management and comprehensive land use plans; av.ailabillly of permits, government approvals and licenses; carnpfiailce with
126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; an,d other inspections that Buyer deems
127 appropriate to determine the sliltabillly of the Property of Buyer's intended use and development Buyer shall deliver written notice
12& to Seller prior to the expiration of the Due Diligence Period of ,Buyer's determination of whether or not the Property is acceptable.
129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present .as is" condilion.
130 Seller grants to Buyer, its agents; contractors and assigns, !he right to enter the Property at any lime during the Due Difigence
131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the
, 132 Property and conduct Inspections at their own risk. Buyar shall indemnify and hold Seller harmless from losses, damages, costs,
133 claims and expenses of any nature, including attorneys' fees at at! levels, and from liability to any person, arising from the conduct of
134 any and all inspections or any work authorized by Buyer. Buyer wiD not engage in any activity that could result in a mechanic's lien
135 being filed against the Property without Seller's prior written consent In the event this transaction does not close, (1) Buyer shall
135 repalr all damages to the Property resulting frorl'! the Inspections and return the Property to the condition It was in prior to conduct of
137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Saller aU reports and other wort generated a6 a re~ult of the
138 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's depoSIt shall be
1311 immediately returned to Buyer and the Contract terminated.
140'BUye~(---.J and Seller (.e..D (---.J acknowledge receipt of a copy of this page. which is page 3 of 5 Pages.
CC-2 Q1B97 florldaAssocialion of REALTOR~ All Rights Reserved
PI'OdUCBd wllh Z1pFrxm '" toy RIO FocmlNet, I.I.C 11lQ2:; FIIt..n Mn. Road. crll'lloh Townshill. Michigan .1lO35, (800) 383-9eos
T951471S..zFX
, S ep - 30 -02 11 : 1 6AMi' Agendalt9og~C5 f3fi'I
, June 6,2006
_ ____ _ ___ __ _____ ,__________,-----,'--d----.-----~-u-----,- _______ F:ag:e_560!2,!{3..-~_,-.
-= - --14-i"--lCf Waik~th-roiighlnspection: Buyer may. on the day prior 10 closing or any other time mutually agreeable to the parlies,
.142 conduct a final 'walk-through' inspection of the Property' to determine compliance with this paragraph and to ensure that all
1043 Property is on the premises.
144 {d} Disclosures: '
145 1. Radon Gas: Radon is a naturally occurring radioactive' gas tha~ when f(has accumulated in a building in sufficienl
14!3 quantities. may present health risks to persons who are exposed to It over time. Levels of radon that exceed federal and state
H7 guidelines have been found in buildlngs In Florida. AddiUonal information regarding radon and radon testing may be obtained
148 from your county public heelth unit . ,
149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the buRdlng, if any is located on the Real
150 Property. ,
151 8, OPERATION OF PROPERTY DURING CONTRACT PERIOD: Saller win continue to operata the Property and any business
152 conducted on the Property In the manner operated prior to Contract and wfll take no aC'lion that would adversely impact the
153 Property, tenants, lenders or business, if any. Any changes, such as renting vaCant'space, that materially affect the Property or
154' Buyer's intended use of the Property will be permitted lXI only with Buyar's consent 0 without Buyer's consent
155 9. RETURN OF DEPOSIT:, Unless otherwise specified In the Contract, in !he event any condltiol'l of this Contract is not met and
156 Buyer has timely given any required noUce regardIng the condition having not been met Buyer's deposit will be returned In
157 ac~rdance with applicable Florida laws and regulations. '
158 10. DEFAULT:
159 (a) In !he event the sale is not dosed due to ,any default or fanure on the part of Seller o1her than failure to makelhe tiDe
160 rnarkel?ble after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s} or (2) seek specific performance. If
161 Buyer elects a deposit refund, Seller will be fiable to Broker for the full amount of t1ie brokerage. fee,
'62 (b) In the event the sale is not closed due to any default or taBure on the part of Buyer, Seller may either (1) retain all deposi~s)
'63 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution ci this Contract, and in
'64 fun settlement of any claims, upon which this Contract' will terminate or (2) seek specific perfonnance, If Seller retains the
165 deposit, Seller wiD pay the Usting and Cooperating Brokers named in Paragraph 12 itrty percent riaR fcrleited deposits retained
166 by Seller, (to be split equally among the Brokers~ up to ~e fun amount of ~e brokerage fee.
167 11, ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Can1rael. the prevanlng party,
168 whIch for purposes oflhis provision wm Include Buyer, Seller and Broker, wll be awarded reasonable attorneys' fees, cost and
1611 expenses.
170 12. BROKERS: Neither Buyer nor Sellar has utilized the 'services of, or for any other reason owes compensation to, a Ocensed
'71 real estate Broker other than:
. 172' (a) Listing Broker: N/A
17S' who is IXI an agent of
174' and who wiD be compensated by
175' N(A
~.sent By: BRAUN' REAL EStATEj .
9'41. 262 0682j
,.
N/A 0 a transaction broker 0 a nonrepresentative
o Sellar '0 Buyer 0 both parties pursuant to !Xl a listing agreement 0 other (specify)
176-
'77'
178' (b) Cooperating Broker. Downi.nq-Frve Rsa~ tv (CAB)
179' who is !Xl an agent of ,Buyer !Xl a transaction broker 0 a nonrepresentativ~
ISO', and who will be compensated by 0 Buyer 1XI Seller 0 both parties pursuant to 0 an MLS or other offer <;1f compensation to a
1S1' cOoperating broker tXI other (specify) By' signinc;:r th:is sale. contract the SeUer aqrees that
. 182' at the time of c1os.i.ng th.a Se1~sr :5ha1~ be ob1i.gatsd to pay Downinq-FX'Va Rsa1ty a
ISS' tota~ brokerage fae squa1 to '_ L_ o~ the purchase price,
184'
, 65 (collectively referred to as 'Sroker") in connection with any ad relating to the Prcperty, including but not limited to inquiries,
186 introductions, consultations and negotiations resulting in this transaction. ,SeIler and Buyer agr~ to indemnify and hold Broker
187 harmless from and against losses, damages, cosls a(ld expenses of any kind, including reasonable attorneys' fees at all levels, and
168 from liability to any person, arising from (1) compensalion claimed which Is inconsistent with the representation in this Paragraph, (2)
169 enforcement acfion to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or
190 Seller, which dUty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services
1111 provided and expenses incurred by any third party whom Broker refers, recommends or retains- for or on behalf of Buyer or Seller,
192' 13,' ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to 8 related entity, and otherwise 0 is not assignable
193' IX1 is assignable. The tenns .Buyer,' 'Seller' and 'Broker" may be singular or plural, This Contract is binding upon Buyer, Seller
'194 a.nd th~'r ',personal represent.ati.....es, successors and assIgns, (if assignment is permitted), ,. '
195' Buye <--> and Seller (~ ( ) acknowledge receipt of a copy of this page, which is page 4 of 5 Pages.
CC-2 7 Florida AssociatJ~n of REAl TORSe All Rights Reserved
Prcclucod with ZiPFomtII' by RE FermIN.. LLC 1lltl25 FIIl..n MIl. RCllld. Clltllan T""nahic>. Mictligan.S03!l, (BOO) 3B3-1lBOS
T9~ l,OS~ zrx .
,sefl't By= ,BRAUI'l REAL ESTATE;""
941 262 0682;
, Agenda Item No, BF
Sep-30-02 11 = 18AM; JUI'1@~~2Cel(j7
Page 57 of 246
'.
-----~-'~----:----~-- .--.~~..-
~-"--"'..,..-..._-~-_.,- .._--_.,--~ -----_._----- --~-- ....--...--.---- . -.." .-..-.. -'_._-....--_.,-_._-_.
'96 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to this COl1trac!)
197" 0 Arbitration lXJ Seller Warranty' ' 0 Existing Mortgage , ..
'9a" !Xl Section 1031 Exchange 0 Coastal Construction Contro! line !Xl Other Sa. attachiMd Addendum
199' 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other
zoo' . 0 SeUer Representatlons 00 Seifer Financing 0 other
201 15. MISCELLANEOUS: The terms of this Contract consUMe th'e entire agreement between BUYBr and Seller. Modifications of
202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documenls
203 referenced in this Contrac~ counterparts and written modifications communicated electronically or on paper wIll be acceptable for
204 all purposes, induding delivery, and will be binding. Handwritten or typewritten terms' inserted in or attached lo, this Contract prevail
20~ over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue
206 to be fully effective. This ~ontract will be construed under Florida law and will not recorded in any public records. Delivery of any
207 written notice to any party's agent wll be deemed delivery [0 that party. .
20a THIS IS INTENDED TO BE A LEGALLY BINDlNG CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADYICE OF AN ATTORNEY
209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE
210 lMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL' ADViCe (FOR EXAMPLE,
211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF
212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENfS, ETC.) AND FOR TAX. PROPERTY CONDITION, ENVlRONMEHTALAND
, 213 OTHER SPECIALIZED ADVICE. BuYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL
2104 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SEL,LER REPRESENTATIONS OR PUBLIC
2'5 RI;CORDS, UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY
21 II SOLELY ON SELLER, PROFESSIONAl INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIACA TION OF THE PROPERTY
217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE.
218" DEPOSIT RECEIPT: Deposit of $ 28,125.00 by lXI ~ c:~ nolhar
219" JUlY,t1 ,2002 by ~.' !.du.fiCC. _--_ ..)
220 . ( . / Signature of Escrow Agent
221 OFFER: ,Buyer offers 10 purchase ,the Prope~ on the above terms and conditions. Unless acceptance is signed by Seller ,and a
222" signed copy delivered La Buyer or B~er's agent no laler than 6: 00 Dam. ~ p.m. on Ju2y 5 , 2002
223 Buyer may revoke this offer and ~ ..a~of aU deposits.,
224+ Date1 ' ~. b.l-BUYER:. ,
. , . 'Brian. A. Mansour
22S" Title:
226" Address:
received on
Tax 10 No:
Telephone:
FacsimIle:
22Z"' Date:
BUYER:
lille:
Address:
226"
229"
Telephone:
Tax 10 No:.
Facsimile:
230" ACCEPTANCE: Seller accepts Buyer's offer and
231' atlached counter offer).
232" Date; 1l '1 - ~ -D;:J,. SELLER: '
, Edwar
on the above terms and conditions 0 subject to the
Tax JO No:
233"
234".
Tille:
Address:
Telephone:
Facsimile:
235' Date:
SELLER:
-
TaxlD No:
236' TIlle:
23"., Address:
236' BUye~ <-.J and Seller (p Q) {----.-J acknowledge receipt of a copy of this page, which is page 5 of 5 Pages.
The Florida AsSociation of REAL TDRS@makes no representation as to the legal valldhy or adequacy of any provision of this form in any specific transaction.
This standardized form should not be used in complex transactions or with extensive riders or additions. This form is avanable for use by the entire real estate
industry and is not intended to Identify the user as a REALTOR~. REALTO~ Is a registered collective membership mart which ITr.1Y be used only by real estate
ficensees who are members at the NATIONAL ASSOCIATION OF REALTOR&il and who sUbscrfbe to its Code of Ethics.
The copyright laws of the United States (17 U.S, Code) forbid the unauthorized reproduction of this form by any means including facslmite or computerized lorms.
CC-2 01997 Florida Assoclafton orREALTORSS All Rights Reserved
Telephone: '
Facsimile:
Prod"ced wl1h ZlpFcrm.... by REForm.NIl, Woe ,e025 FII1...n Mit Read: C""ten Tcwm.hIp, Michigan~, (IlOC) 3e3-geOS
T951~7IS,ZFX
,Se-nt By:' BRAUN REAL ESTATE;,
941 262 06.82;
, S ep: 30 - 02 11': 19AMk\genda Itelp1a~Q. a~"7
, June b, 2060
Page 58 of 246
. _..__.__._______.__ ____.r..
n -i .
DC>'VVNING-FRVEREALTV,
INC-
ADDENDUM NUMBER ONE TO COMMERCIAL SALES
CONTRACT ("CONTRACTtt) DATED JULY 3~ 2002
This Addendum to the Contract is between Brian 'A. Mansour (Buyer), and, Edward E. Fahey (Seller) for
the purchase ofrca1 property legally referred to as: T50, R26. S23~ E % ofNE y.c of SW V. Less N 328.l9'~
PID#00433160009;OR2655PG1075 . .
The Buye.r and Sener both agree to incorpOTate the following tenns and conditions, into the above
referenced Contract:
1) This Addendum to the Contract is one (1) addendum of a total of two {2} addendums to the
Contract. The "Number2 Addendum" consists of 3 pages and is entitled "Commercial Contract
Optional Clauses" Addendum 2. .
2) The purchase price of is based upon the total amount ofJand being conveyed by the
Seller equaling 15 acres;, In the event the total amount of land is different than 15 acres, the
pUrchase price shall be equal to the total number of acres conveyed by the Seller multiplied by a
price of per acre.
J) The Additional Deposit referred to in Paragraph 2(b) of the Contract shaH be payable as follows:
a. The initial deposit of shall all be forfeit by the Buyer to the Seller on or after
January 3.2003 provided the Buyer has not terminated the Contract prior to this date as
provided for in Paragraph 7(b) of the Contract. .
b. On July 3, 2003 the Buyer shall place an additional ' into escrow. This amourit
together with the initial deposit of shall equal a total of that shall
all be forfeit by the Buyer to the Seller on or after July 3. 2003 provided that the Buyer
has not terminated the Contract prior to July 3, 2003 as provided for in Paragraph7(b) of .
the Contract. .
c. In the event the Buyer terminates the Contract on or after July 3, 2003 after a total of
has been deposited into escrow the 'Buyer shall forfeit the entire amount of
to the Seller provided that Seller has not materially breached the terms of the
Contract, Addendum Number One, or Addendum Number 2 ~ referenced in this
Addendum, " ' '
d. . Buyer and Seller agree that in the event the transaction closes as agreed upon between the
parties per this sales contract or any mutually agri::ed upon modifications thereto lill
Buyer's escrow monies shall be credited to the purchase price at the time of closing.
4) Buyer and Seller agree that all zoning applications. permitting, environmental studies, boundary I
topographical s,urveys, and related due diLigence tasks perfoI1tJed by Buyer shall be at Buyer's sole
. expense. With regard to environmental studies, the Buyer and Seller agree that In the event the
.environmemal study identifies wetlands on the property that the Buyer shall be entitled to a credit
at closing on the purchase price. This credit shall equal a value of per acre and cannot
exceed more than a total of three (3) acres. For example, if there are 0.5 acres of higher quality
wetlands than the Buyer shall receive a credit at closing equal to ' ,
j,.,; ~
8 ~.~,
~41 1
\-'~-t> ~
1'..'n1i.\rni lr..iINorll, N.\plc's. r:lorid..1 34103
(941) ~61-2244 ' Fax (941) 263-4218
se.n.t B,y~ B,RAUN REAL ESTATE;
941 262 0682;
, Agenda Item No. 8F
Sep-30-02 11: 19AM;Jung~Ei2CJtm 7
Page 59 of 246
l~ ~II . .
DC>VVNING~~RVE REALTY, INC_
, ,
_.__..-.-_._._---~.._._------_. -"'- - -...~--:- _...
5) Buyer and Seller agree that Buyer shall have the first right of refusal for one year to purchase the'
adjacent five (5.0 't-/-) acre parcel from the Seller and that this right shall survive closing for one
year. This 5.0 +/- acre parcel is legally described as: T50, R26, Si3; 328.19' ofE ~ ofNE !I. of
SW !I.; PID# 00436800405 aIkIa 6949 Johns Road, Naples, FL, 34119. Buyer agrees that
regardless of whether the Buyer purchases the 5.0 +/- acre parcel prior to, simultaneously wlth, or
subsequent to the closing on the adjacent 15 acre parcel (that Buyer is purchasing from Seller) the
Buyer shall grant the Sellcr a curb cut for an access easement for access from the 5.0 +/_ acre
parcel to the rear of the combined propertY referred to as the "Johns I Fahey" parcels. The Buyer
currently has 7 parcels, of land under contract with Randy and Lorraine Johns located adjacently to
the west of the Seller's property and these parcels include frontage along Collier Boulevard Calk/a
SR 951), The purpose of the curb cut for tbe access easement Buyer shall grant to Seller is for
Seller's 5_0 +/- acre parcel to have access to Collier Boulevard (aIkIaSR 951) through the
Buyer's residential development upon those lands referred to as tho "Johns / Fahey" parcels. The
precise location of the curb, cut and accompanying access easement shall be decided upon solely
by the Buyer and Buyer shall not be obligated to grant access easement until Buyer" is under
construction with site improvements for a residential development on the adjacent 15 acre parcel
currently owned by Seller. Any improvcments from the above referenced curb cut into the the S
acre +/- parcd sbaU be the sole responslbillty and cost of the Selier. AJI plans and contractors must
be approved by Buyer and construction and completion of the improvements to the easement must
be done in a timely manner and the standards of the residential development that Buyer constructs
, ' upon the [5 ac~ parcel.
6) Buyer and Seller both agree, regarding any credit(s) due to the Buyer per item #4 above regarding
wetlands, any such credit(s) due to the Buyer at the time of closing shall only reduce the amount
of the principal balance on the purchase money note and mortgage to Seller and shall not reduce
the amount of cash due at closing as stated on Page I of the sales contract.
7}, The Seller agrees to reimburse the Buyer at the time of closing for Buyer;scost(s) in Obtaining the
abstract of title identified in Paragraph 4, of the sales contract. '
8) TI11s '<Addendum Number One" to the Cont~ct consists ofa total oftv.'o (2) page~.
~...- '
7-'3. ~",
Brian A. Mansour (Buyer) Date '
",.~ I I T,U:111,1l1',i Trail ,'Jorth N.1plE-c;. fToricJ."\ 34"10.>
(94'1) 2&1 -2244 F..kX <<)41),263-421 a.
Agenda Item No. 8F.
June 6, 2006
Page 60 of 246
. ._........_._____. _~.._~._..___,. __..________n____u.._. __~.___.._....____..'.
~_..__,... __ .....0._,.. .__ _..,....._.__._.... ~__.____. ....~__ n_. ~ _"__...__ ", - ----,-.------------ -
.. '....-.........-..... "".'" r__..........._... .. """"':.' ...... .._~....: 1
,Se11t By:- BRAUN REAL ESTATE;,
941 262 0682;
Sep-30-02
, Agenda Item No. 8F
11.; 20AM; JunEf@,~~' 7
page61;
Commercial Contract: OptionarClauses
FLORIDA ASSOCIATION OF REALTO.R~
;'
. ~
I :....
t~. . .~.~~:: ~:}.~~~~:: :.t~:
,. ~t .;:~tt~
1. Addendum No,
2
to the Commercial Contract belvieen
Edward E. Fahey
('Sener")
2. and
Brian A. Mansour
("Buyer") conceming \he sale and purchase of the Property
3. describedas:!'50,R26,S23; EJ./2 of NE~/4 of SWl./4 Less 328.19'; PID#00433J.60009
4 The clauses below shall be Incorporated Into the Contract referenced above olJly If initialed by all parties:
5
Seller Initials
Buyer Initials
\ ARBITRATION: Any controversy or claim arising out of or relating to I ' or Ihe
7' breach thereof, shall be s eutral binding arbitration in . onda, in accordance with
8. the rules of (name of organization) and not by any court aclion
9 except as provided by Florida law for judicial r' arbitration pro . court having appropriate jurisdiction may enter
10 judgment upon !he award rendered by the arbitrator(s). Filin " on to enable the recording of a notice of pending action,
11 for order of altachmen~ receivership, injunction or Visional rem not constitute a waiver of the right 10 'arbitrate
12 under this paragraph. Any claims or I or against real estate agents partiCI . . this lransaclion shall be subm1!ted to
13 arbitration under this pro . . with, the written consent and joined of the agenfs Broker. n with any arbItration or
14 litigation be parties, the pievllIling party shall be entiUed to recover al/ fees, costs, and expenses, reasonable
15 ees, arbitrators' fees and administrative fees of arbitration,
16. (S). F'. Q. \; \ SECTION 1031 EXCHANGE: 0 Buyer \r( selle~ues1' a Section 1031 tax~eferred
17 exchange in connection with this transaction. The parties agree to cooperate in effe~ !he exchange in accordance with Section
18 1031 of ille Internal Revenue Code, including execution of !mY documents that may be reasonably necessary to effect the
19 exchange; provided that (1) the party requesting the exchange shall bear all addifional costs incurred in ~nnection With th"
20 exchange, (2) the non-requesting party shall not be obligated to delay the closing or to execute any note, contrac~ or oth
21 document providing for any personal "ability which woulcfsurVive the exchange.
\ PROPERTY INSPECTION AND REPAIR: Paragraph 7 of the Contract is delet . eller
gra asonable access to the Property to Buyer, ils agents, contractors and assigns for the purpose of ucfing the
inspections des ' ed beloW; provided, however, that aU such persons enter the Property and conduct the Ins ons at their own
risk. Buyer 'shall in . and hold Seller harmless from losses, damages, costs, claims and expens any nature, including
attorneys' fees, and from .t to any person, arising from the conduct of any and aU inspeclio r work authorized by Buyer.
Buyer shall not engage in any . ily that could result in a mechanics lien being filed a' the Property without Seller's prior
written consent In the event this Ir 'on does not close, Buyer shalt, at Buy, expense, (1) repair all damages to the
Properlyresulling from the inspections an m Ihe Properly to lis present I 'on, and (2) release to Seller copies of aU
reports and other work generated as a result 0 inspections. Seller h duty to make repairs except to those defects and
condi!ions reported by Buyer in writing prior 10 5:00. on the e applicable Inspection Period expires. Seller makes no
warranties other than marketabifity of title. (CheCK if applicable):
.0 (1) Structure and Systems; Within ~ from Effective "Inspection Period"), Buyer shall, at Buyer's expense,
have a certified general contractor or enyiT(eer make inspections which Buyer snecessary to detennine !he condition of all
structures and systems, indudin t, exterior walls; foundation; major appliance, "lecbicaL HVAC, plumbing, and sewer,
septic and well systems; P and pool equipment; parking lo~ fences; and seawall or 0 etaining siruqtures on the Property
except . Seller shaD have days from the date
Seller receives er's written report to obtain repair or replacement estimates from a licensed buil I r general conlraclor. If
the cost eet the defects does not exceed % of the purchase price ("Structural Repair Umit"), er shall have the
def repaired in a workmanlike manner by an appropriately licensed contractor. If the cost to correcl lhe de e xceeds the
ctural Repair Limit, either party may elect to pay \he excess, falling whic/:t either party may terminate this Contract.
42" BUY~ _) and Sener R;Sl ( _ ) acknowledge receipt of a copy of.hls page. which is page 1 of 3 Pages.
oe.:! 01998 Florida Association of REALTORSlll All Rights R""..rv..d
~rcdUC8d wllt1 ZlpFcrm"" by RE Fcnn.N.~ u..c '8D2S Fin..., MD. Reoll, CUnton "~P. MIchIgwl ~=, (80D) 3ll3.980S
DQwnini~Fl)'e P..n11}' ;>411 Ta.m.iami Trail North... Ntpl= Ft 34103 Ph'aec: ~ t161n44 'Pz:c P412.6J.06Z'
ns 14785.zFX
..Sent By;. BRAUN REAL ESTATE;
941 262 0682;
, S ep . 30 - 02 ' , 1 : 21 AM ;Agenda IteR'a bJI>', tin 7
June 6, 2006
2) Environmenial Hazards: Within ' days irom Effective Date ("Inspection Period.), Buyer shall, at 0 BuyBr's rer's
expe apply for a Phase I inspection to be conducted by an environmental engineer_ Buyer shall deliver to Seller a copy , resulting
envlronm reports, If a lender requires a Phase II or III investigaflon, BLJYer shall denver written notice of the re ire to Sener and
Seller may e withln days from receIpt of the notice, 10 conduct the investigaUon at (check one) eller's 0 Buyers
expense. If Selle lects not to conduct the investigation, either party may terminate this Contract. If Sel elects to conduct the
investigation, Seller ay for and make corrective measures required by law. If remediation is necessa eller shall have
'days to complete the ete , ("Cleanup Period'). If remediation Is completed within Cleanup Perio en Seller shall deliver written
no lite to Buyer within 3 days r cleanup completion. and the partles will close the transaction losing Date, or, if Closing Date has
passed within 10 days from Buya receipt of Sellers notice. If Stller Is unable to comple mediation within Cleanup Period, Seller
wiD deliver written notice to Buyer w 3 days after this determination is made and B r will within 10 days from receipt of Seller's
notice either cancel this Contract or accep e Property. in current condifion and close on Closing Date, or, if Closing Date has
passed within 10 days from Buyer's receipt 0 liar's notice with' costs of co ting the remediation being held in escrow at closing.
55"
56.
57
58.
59
60"
61
62
63
64
65
66
67
68
69
70
71
7
-, 73
o (3) Wood Destroying Organism Insp&etlon: 'Woo rganism. means arthropod or plant life which may damage
the wood in a structure, as defined In F,S. 482.021(26). Within days from Effective Date C'lnspection Period'), Buyer shall,
al Buyer's ,expense, have the Property inspected by e I 'censed pest control buslness to determine the presence In the
Improvements of past or present infestation and damage sed by in tion. Sallar shall have . days from receipt of Buyer's
written report to obtain repair estimates from a lic d bullding or gen contractor and treatment estimates from a licensed pest
controt business. Seller shall treat and repair the pertylf the cost to do so not exceed ' % of the purchase price
("Termite Repair Umir). If the cost or Ir ent and repair exceeds the Term Repair Umlt, either party may elect to pay the
excess; failing which eIther party ma minate this Contracl If there is no evidenc Ilve Infestation and the Property is covered
by a full treatment warranty, Seller s transfer the warranty to Buyer at closing and shall not b "gated to treat the Property.
Seller, shall deliver the Prope Buyer at the time agreed In its present condllion, omin wear and tear and repairs made
pursuant to this Paragrap cepted, and shan maintain the landscaping and grounds in a arable condilion. Walk-through
Inspection: Buyer ma~ the day prior to closing or any other time mutually agreeable to the ies. conduct a final 'walk-
through' inspection e Property to determine compliance with this paragraph and to ensure that aD Pi is on the premises.
No new issue ay be raised as a result of the welk through. Radon Gas: Radon is a naturally occurrin dioactive gas that,
when it h ccumulated in a building in sufficient quantities, may present health risks to persons who are expos to it, over time.
Levels radon that exceed federal and state guidelines have been round in buildings in Florida. Additional inform regarding
ra and radon testing may be obtained from your county public health unit. Energy Efficiency: Buyer may have dete . ed thil
ergy efficlency rating of the building, if any is located on the Real Property.
Seller Initials' Buyer Initials
W (0) I, \ SELLER REPRESENT A iIONS: Seller shall, within days fro e and at
75 Seller's expense, deliver to copies of the rent rol~ leases; notes and mortga es' 'reports or policies; surveys;
7S" pennits and 'certificates of ~pancy; certi ex ensa slateme I January 1, through December
7.,.. 31, ~ as Evidence that the Property generated income against expenses of $ , ;
78 and agreements with third parties that' e ect after closing. Buye . te this Contract by written notice to Seller
79" within da ~' 0 the above documents If the statements differ materially resenlations. If Buyer fails
eo to r tten noUce, Buyer shall be deemed to waive this conUngency.' '
81" (E) .. C. ..~. \' \ SELLER WARRANTY: Seller warrants that SeUer has no knowled~e of (1) notice to city, .
82 county, state, federal, building, zoning, fire, or health codes. regulations Of ordinances filed or issued agaInst the Property. (2)
83 current pending lawsuit(s). investigation(s), inquiry(ies), action{s), or other proceeding(s) or the right to use and occupy the Property,
84 (3) unsatisfied construction liens, (4) incompatibility of property with land use plans (5) tenants in bankruptcy, or (6) special
85 assessments, condemnation, emin'ent domain, change in grade of public streets affecting the property or simiiar proceedings
86 affecting the Property. If Seller is notified of. any of the above matters prior to closing, Seller shall notify Buyer In writing within'
s.,.. ~ days. If Buyer requires the matter to be corrected prior to closing, Buyer shaD notify Seller in writing within 10 days from
88 receipt of Sellers notice. Buyer's failure to provide 'timely notice shall be deemed, acceptance of !he Property with the matter as it
89 thEln exists. If Seller is unable or unwiUing to correct the matter prior to closing, Buyer may terminate this Contract. Seller warrants
90 tha~ as of Effective Date, exeCution of !his COlltract and deUvery of title is not a violation or breach of any agreement or judgment to
91 which Saller is a party.
92" (F) \ COASTAL CONSTRUCTION CONTROL. UNE: All e operty is locate
93 seaward of the Coastal on Une as defined in Florida St 'I and Is erefore subject to govemmen
94 regulation. Florida law requires Seller to proVI e or a survey meetmg tile requirements of chapter 472 of th
95 Florida Statutes, delineating the locati on the ro ior to closing, unless Buyer waives' this requiremen
96' in writing. Buyer . ng l to receive a CCCL affidavit or survey. CL affidavit or survey within the Urn
97 al er to deliver UUe evidence. , '
9S. BUye~ (_) and Seller ~c..S2.) (_ ) acknowledge receipt ofa copy of this page, which is page 4 of 3 Pages.
00.3 ~1S98 Florida Assoclatlon of REAL.TORS~' All Rlghtl Reserved
Pn::dUCllO wilh Z1PFe<mN by RE FotlTlSNel. Ll.C 18ll2S F~I..n Mile Roecl crll1lon TOWI'IIh~. M1chigaIl4~, (flOC) 3e3-9~
T951CZS Z;FX
S9.nt By" BRAUN REAL ESTATE;
941 262 0682;
Sep - 30 -02 11: 22AM; Agenda it~Q'io.161117
June 6, 2006
, Page 63 of 246
99
Seller Initlals
Buyer Initials'
100. (Gj \ FLOOD AREA HAZARD ZONE: The Property is located in a 0.. d ar,
101" Area 0 Coastal High Hazara . ' surance on Slructures may be required as a ncmg. If the first year
102' premium of flood insurance required by a lender exe year, Buyer may terminate thfs Contract unless
103' either party elects, within days of notifica' the excess. In addition, there may be restrictions
104 on rebuilding in the event 0 antial modification to the structure. uye . verify aU such restrictions with
105" the a' en agencies. Seller's flood insurance porrcy 0 is 0 is not transferable Bu sr.
106" (H) f= <;: \ SELLER FU.JANCING: SUVA,. shaH execute a purchase money note and _ _ mortgage
107" to Seller in the amount of . due bearing annual Interest at __ _ % and payable as
108' follows: _ .
'109 The mortgage; note and any security agreement shan be in a form acceptable 10 Seller, but shall contain OI1ly clauses generally
110 utilized by lending institutions in the county where the Property is . located ,and shall provide for (1) a late payment fee, (2)
111 acceleration at Seller's option in the event Buyer defaults, (3) the right La prepay without penalty all or part of lhe principal at any
112' timers) with interest only to dale of payment. (4) the loan to be I8:l due on conveyance or sale 0 assumable with mortgagee's
113 consent which may nol be unreasonably withheld and (5) Suyer to keep the Property insured against loss by 'fire (and flood, if
114 Property is in a tIood zone) wIth extended coverage in an amount not less than the amount of the purchase money mortgage and
115' nole. Buyer shaD fumish Credil. employment, and financial information reasonably required by Seller. Within 30 days from
116 receipt of all requested information, Seller shaD deliver written notice to Buyer of Seller's decision to provide this financing. Seller
117 shall not unreasonably withhold approval Of this financlng.
\ EXISTING MORTGAGE: Sener shall, within days from Effective Oat Iver to
of the mortgage and an estoppel leller from the lender stating principal balance and accrued intere alurity date,
me f payments. interest rate and status of mortgage. Buyer shall have days receipt of lender's
Ie examin e mortgage and approve the terms of the loan. Buyer shall not unreaso withhold approyal. If
22 mortgage contains a due sale or conveyance clause, Seller shall, at Buyer's expense, n lender's consent 10 the
23" assumption within days ffective Date. Any variance in the mortgage wiH be adju In the balance due at closing with
24 no adjustment to purchase price; ho . Seller shall not prepay any portion of th ortgage without Buyer's consent. Buyer
25' shall purchase Seller's escrow account doflar for ,
26. 0 (1) First Mortgage: Buyer shan assume and tak . subject 10 the existing Ii ortgage, LN#
27' of
28' having an approximate present principal balance of $
29" J2[incipal, inlerest, other
30' 0 other (describe)
31" %, which 0 will 0 will not ese
32"
33'
34'
35'
36'"
37'
38-
3S.
in favor
(2) Second Mortgage: Buyer,sh
favor of
having an approximate
l!incipal, inleres
o other e}
inte rate of
per mon!h includir
, and having a 0 flxeo
interest rate of
in
payable $
%, which 0 will 0 willnol escalate upon assumption. AddlllonaJ terms:
oc_:! ~1911B Flortda Assoclatlon 01 REALTORSiI) All Rights Raerved
. Produc:.ed wtIh ZlpFocm'" by RE Fo""sNet. U.C 18O:ZS FIt1...n MI. R"-d. Cr.nton T~, Mich~n ~803$, (!lOO) llS3-9805
T1>$J471~,ZF>. .
.,sen-t, ~Y1 BRAUN REAL ESTATE; ,
, . .'(American Land "
941 262 0682j Sep-30-02 11:24AMjAgenda ItehfWb,W' 7
Associ~ffon Owner's Policy - 10-17.92) (With'''''''' ida Modifications) June 6, 2006
I agt u't VI L.' f'V
-"
OWNER'S TITLE INSUlWVCE POLICY
Attorneys.' Title Insurance ,Fund, Inc.
ORLAJiJDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B AND THE CONDmONSAND STIPt;-
lATIONS, ATIORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation,
herein caned The Fund, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the Amount of Insurance stated in Schedule A. sustained
or incurred by the insured by reason of:
1. Title to the estate or 'interest described in Schedule A being vested other
than as stated therein;
2. Any defect in or lien or encumbrance 'on the title;
3. U nmarketabiIity of the title;
4. Lack "of a right of access to and from the land.
The Fund will alsojay the costs, attorneys' fees and expenses incurred in defense of
the title, as insure ,but only to the extent provided in the Conditions and Stipula.
tions. '
, .In Witness lNhcreoj. ATIORNEYS' TITLE INSURANCE FUND, INC. has caused this
policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to
become valid w~en countersigned qyan authorized signatory.
~-....
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i ~i., SE^L j- j
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Attorneys' Title Insurance Fundt Inc.
By
~.~.
Charles J. Kovaleski
President
SERIAL
;I
OPM-
1861676
FuND FORMoPM (rev, 3/98)
".
Agenda Item No. 8F
June 6, 2006
Page 656f 246
AFFmA VIT
We/I. Brian A. Mansour, Managing Agent of Woodfield Builders LLC, being first duly sworn, depose
. and say that well am/are the contract purchaser of the property described herein and which is the
subject matter of the proposed hearing; that all the ansWers to the questions in this application,
including the disclosure of interest information, all sTretches. data, and other supptementary matter
attached td and made a part of this application, are honest and true to the best of our knowledge and
. belief Well understand that the. information requested on this application must be complete and
accurate and that the content of this form. whether computer generated or County printed shall not
be altered: Public hearings will not be advertised until this application is deemed complete. and all
required information has been submitted.
As property owner Well further authorize Robert J. Mulhere, AlCP of R W A,. Inc. to act as .our/my
representative in any matters regarding this Petition. '
~ G-h-
Signature of Contracr Purchaser
~, C. ~____
Brian A. Mansour
Managing Agent
Woodfield Builders UC
The foregoing instrument was acknowledged before me this (1)d. day 0
200~ bY~.Anf)~1A who 1s personally known tome 0
ciA 1 up.Jf) t)~ /-;a) . as identification.
State -of Florida
County of Collier
..
(Signature of Notary Public - State of
Florida)
--..~~ .=:::...:,.;........:..:
J:::...:....._~ ",.~._~'JE
. NOTARY PUBLIC-STATE OF FLORIDA
MY COMMISSION EXPIRES OCT. 9, 2006
I COIIIIJSSION NO. DD156494 t
(print, Type. or Stamp Commiss,ioned
Name of Notary Public)
PlnD~2003-AJl-4991
PROJECT #2003050052
DATE: 11/5/03
RAY BELLOWS
ADDJieation For PabJi~ Heariulr For PUn Rezone 4/1 4/03
C:\DocUIllCllts ~~~rtan Mansour\M}' Documcnts\Brian'Mllnsour-~vit.doc .
Agenda It~m No. 8F
, June 6, 2006
._,______~---..-:'-W O~OD J.;:1E:hD B Ulb9 ER,S,--l.::.l:...G,-E9g.~-2~O(246 - -----~-
.. 6604 Ridgewood Drive Phone 239.593.7834
Naples, FL 34108 Fax 239.593.9489
May 30, 2003
RWA, Inc
3050 North Horseshoe Dr.. Suite 270
, Naples, Rorida 34104
To Whom It May Concern:
Piease be advised that authorization is hereby given to thefirm of RWA, Inc., to act as agent in all actions'
relating to the permitting of a residential developm,ent on the following de~cribed lands:
The subject propertybeing 55 ::t acres, is located in Section 23, Township 50 South, Range 26 East, and
is fully described as:
THE NORTH * OF THE SOUTHWEST ~ OF THE NORTHWEST ~ OF THE SOUTHWEST ~
, AND THE NORTHWEST ~ OF'THE SOurHEAST ~ OF THE NORTHWEST * OF THE
SOUTHWEST ~. LESS THE NORTH THIRTY FEET FOR ROAD RIGHT OF WAY PURPOSES '.
ONLY OF SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY.
FLORIDA. LESS THE WEST 100 FEET THEREOF. AND:
THE NORTHEAST ~' OF THE SOutHEAST * OF THE NORTHWEST,~ OF THE SOUTHWEST
*. LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAX SECTION 23.
TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. AND:
. - THE SOUTH * OF THE NORTH * OF THE WEST * OF THE NORTHEAST ~ OF THE
SOUTmyEST ~ AND THE SOUTH * OF THE WEST * OF THE NORTHEAST ~ OF THE
SOUTHWEST ~. SECTION 23. TOWNSHIP - 50 SOUTH. RANGE 26 EAST. OF COLLIER
COUNTY. 'FLORIDA SUBJECT TO AN EASEMENT OVER AND ACROSS THE WEST 36 FEET
THEREOF. AND: '
AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET OF THE NORTH
* OF THE NORTH * OF THE WEST ~ OF THE NORTHEAST * OF THE SOUTHWEST *.
SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF COLLIER COUNTY. FLORIDA.
AND TOGETHER WITH:
A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS THE NORTH 50
FEET OF THE SOUTH * OF THE NORTHWEST ~ OF THE SOUTHWEST *. SECTION 23. -
TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF COLLIER COUNTY. FLORIDA. AND:
THE NORTH * OF THE NORTH * OF THE WEST * OF THE NORTHEAST ~ OF THE
SOUTHWEST ~. SECTION 23. TOWNSHIP 50 soutH. RANGE 26 EAST. OF COLLIER
COUNTY. FLORIDA. AND:
THE SOUTHWEST * OF THE SOUTH wEST ~ OF THE NORTHwEST * OF THE SOUTHWEST
~. SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF COLLIER COUNIY. FLORIDA
Mans()~_~geDt letter
Page 2 of2
Agenda Item No. 8F
June 6,2006
Page 67 of 246
~
THE EAST % OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF THE SOUTHWEST~. LESS
THE NORTH 30 FEET FOR RIGHI' OF WAY SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26
EAST. OF COLLIER COUNTY. FLORIDA. AND:
THE NORTH ~ OF THE NORTHWEST ~ OF THE SOUTHWEST ~ OF THE SOUTHWEST ~
LESS THE WEST 100 FEET OF SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF
COLLIER COUNTY. FLORIDA. AND: '
THE EAST % OF THE NORTHEAST ~ OF THE SOUTHWEST ~ LESS THE NORTH 328.19
FEET OF SECTION 23. TOWNSHIP 50 SOUTH. RANGE 26 EAST. OF COLLIER COUNTY.
FLORIDA.
CONTAINING 55 ACRES, MORE OR LESS.
, ~C.f--
Brian A. Mansour
M,anaging Agent
. Woodfield Builders LLC
.. . rei ~
' The foregoing instrument was acknowledged before me this '0 day oj; t,)J.JL
~ ~~ ~ w~ is !""s~nally known to me or has prod
as zdentification.
,200m by
,State of Florida.
County of Collier
ignature of Notary Public - State of
Florida)'
JESSICA FRAINE
.. (print, Type, or Stamp Commissioned
Name of Notary Public)
", " Agenda Item No..8F,
June 6, '2006
, 16/El4/~Ele~ .JJe:e~-":_94159394S9,--....~:'_-- ." __PAP..AGO*--FiEvaGPM~-' ,..,.~,_.:eag~~o}~~6
"._._.,_..-.~.:----;. .,- " . . . . " ...
'.
HO 1000070581 3
:.' .
. .. .
. ,ARTICLES OF ORGANiZA, . oN' ~
, OF
WOODFIELD Bl/ILDER$,L. L.C.
. , The undersigned acting as orga.nizer'and,meinber f WOODFIELD BUILDERS.
LL.C.. under the Florida Llmlted LIability' Company Aot, a' opts the following Articles of
Organization for said Iimit,ed liabi!ity company. .
ARTICLE /,
NAME
The narne of the limited liability company shall'
LLC.,{the "LL.C."}. ' "
ARTI CLE II
DURATION
WOODFIELD BUILDERS.
'.
. This LL.C. shall exlst perpet~ai!.y. un'less dissolved: a ~6rdlng' to law or as' set forth
in the L.LC.'s Operating Agreement. .
ARTI CLE III
PURPOSE
The L.L.C. is organized pursuant to the Florida limi ed Liability Comp~ny Act for
the purpose of cOnducting any lawf\J1 aCtivity in Florida, wit the powers described In the.
Florida Limited Liablllty Company Act. and asset fo' hi, the LLC.'s Op,erating
~~m~~' . '
,'ARTICLE IV
BUSINESS ADDRESS/MAILING AD RESS
The address of the pla<;:e of business in this 'Stat~ of th~ LL.C. shall be 6604
. Ridgewood Drive, Naples. Florida 34108. The mailing a dress of the L.L.C. shall be
6604 Ridgewood Drive, Naples, Florida 34108. .
Prepared by:
Kent A Skrlvan, Esq.
BUTZEL LONG, P.C.
801 Laurel Oak Drive, Stew 705
Napl~s. florIda 34106
(941) 5974500
Bar #0893552
PUDZ-2003-AR-4991
PROJECT #2003050052
DATE: 11/5/03
, RAY BELLOWS
HO 1000070581 3
.. .
Agenda Item No. SF
, . June 6, '2006
'__b~___ ._'.__~_ ~__.o-___~_~~_g:~~?~_6,_'___,__
PARAGO", DEVELOPMENTS . PAGE 83
"
, . ,
--~'U--le7Z?1?2'EJe2-'. 138"::80.- ~f4I593948~-~----------:-'-.
.
"
H01{)00070581 3
ARTJCLE V
REGISTERED AGENT
The name and address of ~he L.L.C.'s jnitial register~d 'gent and registered office is,
Kent A. Skrivan~ Esq., Butzel Long, 801 Laurel Oak Dtiv I Suite 705, Naples, Florida
34108; '""
ARTICLE VI
MEMBERS '
(a)
The following is the soJe initial member f the LL.C.:, '
, '
Brian Mansour ,
ARTICLE VlI '
ADMISSION OF ADDITJONAL'ME ,BERS
Additionat.members may be, admitted to the LL9. as set forth in th~ operating
agreement.,. .
ARTICLEVIII
DISSOLUTION, CONTINUATI
s may oth~rwise 'be 'provided
nt, resign6ltio"n, expulsion,
of any other ~vent which
, ,
. The L.L.'C.shall not automatically t~rmjnate, except
in the oPl?rating agreement,. upon the death, retIre
bankruptcy or dfssalutiQn of a member or occurrenc
, tSm1inates 10e membership of a member in the L.LC.
l
ARTICLE IX
MANAGEMENT '
The L.l.C. is to be managed by a Manager o~Mana ers. The name and address
of the initial Manager' of the L.L.C. who shall serv.e as, anager until a successor is
elec~ed and quallfieid is: . ,
Brian Mansour
6604 Ridgewood Drive .
Naples, Florida 34108
Ooeument: saeaaae8ll10001/30SlQ8Jn%k01 tDOC
2,
H01000070581 3
."
Agenda ,Item No. '8F
, J.une 6, 2006
,.' 'Page 7.0 of 246
PAGE: 64
>._,.
, '
1 Ell El412ee2 68: es.'. 9415939489
PAAAGON DEVELOPMENTS'
, H01000.070581 3
,'.' Managers may be removed and replaced by the . embers, as provided In. the
Operating' Agreement of the LL.c. . Managers shall h 19- the offices and have the
responsibilities accorded to them by the. members' set out In the Operating'
Agreemen.t oH~e L.L.C. ' .._'
, "
ARTICLE X,
ADDITIONAL PROVISION
Theeffecpve date qfthis limited liability comp ny shall be upon filing.'
. IN ,WITNE~S WHEREOF,tha, ungersigned h
Organization to be executed this \0$1"" day of ..J0)')~
, .
caused these Articles of'
t 2001. '
(In ac~rdance with Section 60a.408(3), Florida S tptes, the execution 'of
this document constitutes an affirmation under the . nalties of'pe~ury that
, the facts stated .herein are true.) .
Dooument; BeaBa~S861ooo113090Bln%K01I.DOC
3
f-.zz~
sour, Organizer/Member
H01000070581 3
.------;---:-- ---:~~------...,..._._~.- --..
-..- .:.- ---.-:......:...._.~.._.- -.-....---------=---.-.-
----iel/El4/2ee2 -if8:-Ei5~- -.. 9415'939489
.Agenda Item' No. 8F
June 6, 2006
, Page 71 ~f2i6 ,
___________, ...___ C......_. _"..
PARAGCN DEVELOPMENTs '
PAGE- as
..
H010000705B1 3
.- ,
CERTlFICA TE OF DE:S/GNA TJ
REGISTERED A GENT/RESISTER
, ,
. In. compliance with Section 608.41.5 and - 60$ 507,' Florida Statutes,' the..
undersigned Limited liability Company submits the folIo ing statement. in designating
the iegist~r~d agent/registered office, ih t~e state of Flori :'" - " . ' ,
1.
, L.LC.
The nam~ of the Limited liability' COJ!lpaiiy Is WOO~FIElp' BUILDERS.
2.
The name and address of the registere~ agst\) , a~d reglstersdofflce is:
Kent A. Skrivan, Esq.
BUTZELLONG
801 Laurel Oak Drive, Suite 801
Naples. Froride 34105
(941) 597-4500
~
ACCEPTANCE:
, ,
t servlt:e, of process for tlie
Ignated ,In this Certificate, I
ree to act in th[s capacity. I
relative tQ the proper and
'nd accept the obligations 0 f
r, '
- Document asaeeSB881000113090SlI'l%I\011.DOC
4
H01000070581 3
Agenda Item No, 8F
June 6, 2006
Page 72 of 246
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Agenda Item No, 8F
June 6, 2006
Pa e 73 of 246
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ORDINANCE NO. 06-_
Agenda Item No. 8F
June 6, 2006
Page 74 of 246
AN ORDINANCE OF THE BOARD OF COUNTY COMMSSIONERS
OF COLLIER COUNTY FLORIDA AMENDING ORDINANCE
NUMBER 2004-41 AS AMENDED THE COLLIER COUNTY LAND
DEVELOPMENT CODE. AS AMENDED, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY
AMENDING THE OFFICIAL ZONING A'ILAS MAP TO CHANGE
THE ZONING CLASSIFICATION OF THE SUBJECT REAL
PROPERTY FROM "A" RURAL AGRICULTURAL TO "RPUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT FOR A
PROJECT KNOWN AS ROCKEDGE RPUD LOCATED ON THE EAST
SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY 6
TENTHS OF A MTI...E SOUTH OF ITS INTERSECTION WITH
RATILESNAKE-HAMMOCK ROAD, IN SECTION 23 , TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 76.46:t ACRES; AND BY PROVIDING AN
EFFECI'IVE DATE.
WHEREAS. Robert Mu1here, of RWA, Incorporated, representing Woodfield Builders, LLC,
petitioned the Board of County Commissioners to change the zoning classification of the subject real
property known as petition PUDZ-2003-AR-4991.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECI'ION ONE:
The zoning classification of the subject real property located in Section 23, Township 50 South,
Range 26 East, Collier County, Florida, more particularly described in Section 1.2 of the RPUD Document,
is changed from" A" Rural Agricu1tural to "RPUD" Residential Planned Unit Development in accordance
with the Rockedge RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein.
The Official Zoning Atlas Map, as descn'bed in Ordinance Number 2004-41, as amended, the Collier
County Land Development Code, islare hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners
of Collier County, Florida, this _ day of
,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A1TEST:
DWIGHT E. BROCK, CLERK
BY:
FRANK HALAS. CHAIRMAN
DEPUI'Ya..ERK
Approved as to form
and legal sufficiency:
-~ O"}1l1ii,..l;A 1- f}f;.AP'L;'
Marj M. Student-Stirling ~- --C
Assistant County Attorney
PUDZ-2003-AR-49911MJD
Agenda Item No. 8F
June 6, 2006
Page 75 of 246
ROCKEDGE RPUD
A
RESIDENTIAL
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING ROCKEDGE RPUD,
A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREP ARED FOR:
WOODFIELD BUILDERS, LLC
6604 RIDGEWOOD A VENUE
NAPLES, FLORIDA 34108
PREPARED BY:
ROBERT J. MULHERE, AICP
nWTA~c.
CONSULTING
........ y y...L .....
6610 Willow Park Drive
Suite 200
Naples Florida, 34109
R. BRUCE ANDERSON
ROETZEL & ANDRESS LAW FIRM
850 PARK SHORE DRIVE
TRIANON CENTRE-THIRD FLOOR
NAPLES, FL 34103
DATE REVIEWED BY CCPC
DA TE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Agenda Item No. 8F
June 6, 2006
Page 76 of 246
TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance
11
Section I
General Description, Property Ownership and Legal Description
I-I
Section II
Project Development Requirements
II-I
Section III
Development Standards
III -1
Section IV
Preserve Area
IV-l
Section V
Development Commitments
V-I
Agenda Item No. 8F
June 6, 2006
Page 77 of 246
LIST OF EXHIBITS. TABLES. AND APPENDIX
EXHIBIT "A"
RPUD MASTER PLAN
EXHIBIT "B"
VICINITY MAP
EXHIBIT "C"
BOUNDARY SURVEY
TABLE "I"
DENSITY CALCULATIONS
TABLE "II"
DEVELOPMENT STANDARDS
Agenda Item No. 8F
June 6, 2006
Page 78 of 246
STA TEMENT OF COMPLIANCE
The development of approximately 76.46 acres of property in Collier County, Florida as a
Residential Planned Unit Development, to be known as the Rockedge RPUD, with an affordable
housing component consisting of at least 30 percent of the units required to be sold to buyers
earning 80% or less of Collier County's median income, as calculated annually by the
Department of Housing and Urban Development (HUD), will be in compliance with the goals,
objectives and policies of Collier County as set forth in the adopted Growth Management Plan
(GMP). The required 30% is based upon 55.97 acres of the project which qualifies for the
affordable housing density bonus as set forth in the GMP. Based upon the allowable base density
on the 55.97 portion of the project, and the 285 bonus units requested, III affordable housing
units are required. The proposed residential development, and accessory uses and facilities are
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives of each of the elements of the GMP for the following reasons:
1. The subject property is located within the Urban Mixed Use District/Urban Residential
Fringe Subdistrict as identified on the Future Land Use Map as provided for in Objective
1, Policy 5.1 and 5.3 of the Future Land Use Element (FLUE), and the proposed
residential development is consistent therewith;
2. The project is proposed to be a residential development located within the Urban-Mixed
Use District/Urban Residential Fringe Subdistrict, as identified on the Future Land Use
Map (FLUM), of the FLUE. The FLUE provides for a density bonus within the Urban
Residential Fringe Subdistrict in the case of specifically identified properties of up to 6.0
additional units per gross acre for projects providing home ownership for residents
earning 80% or less of Collier County's median income, pursuant to the provisions of the
Collier County LDC 2.06.00, excluding subsection 2.06.03. Table 1. below sets forth the
allowable and requested density for the project. The subject project is eligible to receive a
density bonus of up to six (6) dwelling units per gross acre on the 55.97 acres of the
project that qualifies for this density bonus. The requested bonus on the 55.97 acres is
5.09 DUs per acre, which yields a total density for the entire Rockedge RPUD of 400
dwelling units or 5.23 units per gross acre, as set forth in Appendix "B" of this PUD, the
Affordable Housing Density Bonus Agreement. This is less than the maximum 5.90 DUs
per acre that can be requested under the FLUE provisions. The requested project density
is therefore consistent with the FLUE, Policy 5.1 of the Collier County GMP.
ji
Maximum Base Densi
Gross Base
Agenda Item No. 8F
June 6, 2006
Page 79 of 246
(Dwelling Units (DUs)) Density Density per Gross
Allowable per Acre Allowable* Acre Densitv .
Urban Residential 76.46 acres 1.5 DUs/Acre 115 DUs 1.5 DUs/Acre 115 DUs
Fringe (URF)
URF Affordable
Housing Density 55,97 acres 6.0 DDs/Acre 336 DDs 5.09 DDs/Acre 285 DUs
Bonus
Totals (for entire 76.47 acres) 5.90 DUs/Acre 451 DUs 5.23 DUs/Acre 400 DUs
Table I: Density Calculations
* Rounded up per LDC definition of Density, Residential.
3. The project will implement Objective I of the Housing Element by providing additional
"affordable housing" dwelling units in Collier County, within the proposed master
planned development. Moreover, these units will be provided for fee simple purchase.
4. The project will further the implementation of Policy 1.4 of the Housing Element by
providing "affordable housing" an area where planned infrastructure and services will be
available.
5. The project will act to implement Policy 2.9 of the Housing Element by providing
"affordable housing" dwelling units blended within the balance of the RPUD, a planned
market rate development.
6. The development will be compatible with and complementary to existing and planned
surrounding land uses, and will enhance the transportation network by providing for
future interconnection to properties to the north and to the south, as depicted on the
RPUD Master Plan.
7. The development of the Rockedge RPUD will result in an efficient and economical
extension of community facilities and services as required in Policies 3.l.G of the FLUE.
8. The Rockedge RPUD is consistent with and furthers Policy 5.5 of the FLUE in that it is
using existing land designated for urban uses.
9. The Rockedge RPUD implements Policy 5.6 of the FLUE in that a minimum of 60% of
the project will be open space and a minimum of 25% of the project's existing native
vegetation will be preserved on-site.
10. The Master Development Plan, with its natural preserve areas, lakes, recreation, and other
open space areas, will insure that the developed project will be an attractive and
enjoyable residential development.
111
Agenda Item No. 8F
June 6, 2006
Page 80 of 246
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Rockedge RPUD.
1.2 LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A 4 INCH CONCRETE MONUMENT MARKING THE CENTER
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 23,
N.89000'52"E., A DISTANCE OF 664.38 FEET;
THENCE, DEPARTING FROM SAID MID-SECTION LINE, S.01013'49''W., A DISTANCE
OF 1,350.38 FEET;
THENCE S.89040'52"W., A DISTANCE OF 662.16 FEET;
THENCE S.89041'40"W., A DISTANCE OF 1,325.03 FEET;
THENCE N.OloOO'34"E., A DISTANCE OF 331.32 FEET;
THENCE S.89034'42"W., A DISTANCE OF 993.80 FEET;
THENCE S.00054'44''W., A DISTANCE OF 329.05 FEET;
THENCE N.89041'35"E., A DISTANCE OF 331.01 FEET;
THENCE S.00058'01''W., A DISTANCE OF 330.10 FEET;
THENCE S.89052'20"W., A DISTANCE OF 561.91 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF A 100.00 FEET WIDE CANAL THAT RUNS PARALLEL TO
AND 100 FEET EAST OF THE WEST LINE OF SAID SECTION 23;
THENCE, ALONG SAID EAST RIGHT -OF-WAY LINE, N.Ooo50'28"E., A DISTANCE OF
984.20 FEET;
THENCE, DEPARTING FROM SAID EAST RIGHT-OF-WAY LINE, N.89023'49"E., A
DIST ANCE OF 894.94 FEET;
THENCE N.00059'07''E., A DISTANCE OF 662.00 FEET TO A POINT ON THE SAID EAST-
WEST MID-SECTION LINE;
THENCE, ALONG SAID EAST-WEST MID-SECTION LINE, N.89000'55"E., A DISTANCE
OF 996.67 FEET;
THENCE, DEPARTING FROM SAID EAST-WEST MID-SECTION LINE, S.00057'32''W., A
DISTANCE OF 327.91 FEET;
THENCE N.88058'25"E., A DISTANCE OF 663.65 FEET;
THENCE N.01005'18"E., A DISTANCE OF 327.46 FEET TO THE POINT OF BEGINNING.
CONT AINING 3,330,396 SQUARE FEET OR 76.46 ACRES, MORE OR LESS.
1-1
1.3 PROPERTY OWNERSHIP
Agenda Item No, 8F
June 6, 2006
Page 81 of 246
The property ownership is as follows:
All parcels owned by:
Woodfield Builders, LLC
6604 Ridgewood A venue
Naples, Florida 34108
1.4 DEVELOPER
The Rockedge RPUD is intended to be developed by Woodfield Builders, LLC,
references to the "Developer" as may be contained in this RPUD Document shall mean
Woodfield Builders, LLC, unless, and until the subject property described and depicted in
this RPUD Document is conveyed, or assigned.
1.5 PHYSICAL AND LOCA TIONAL DESCRIPTION
The subject property consists of +/- 76.46 acres and is located on the east side of Collier
Blvd. (CR 951), approximately 6 tenths of a mile south of intersection with Rattlesnake
Hammock Road (south of John's Road), in Section 23, Township 50 South, Range 26
East, Collier County, Florida. The property is designated Urban, Mixed Use District,
Urban Residential Fringe Sub-district, as is the surrounding land on the east side of
Collier Boulevard. The existing lands uses on the site include: unimproved roads and
both disturbed and forested land. The Master Plan sets forth +/- 25.32 acres of preserve
areas, including 21.86 acres of wetland preserve and 3.46 acres of archeological preserve
areas. The RPUD property contains 65.54 +/- acres of native vegetation. The LDC
requires preservation of 25% of the existing on site native vegetation, or a minimum of
16.39 acres. The PUD Master Plan indicates that 21.86 acres or 33% of the site is labeled
as Preserve and shall be placed into a conservation easement. The property is not located
within a Flood Zone (Zone X, Community Number 120067, Panel Number 610D).
The water management system consists of approximately 10.0 acres of water
management lakes and lake maintenance easements that will receive runoff from
structures and parking areas. Runoff is collected by catch basins and culvert systems for
conveyance to the project's internal lake system. The project outfall will be split to the
east and west parameters of the subject property. Discharge will either be entirely or
partially into the Collier Boulevard (C.R. 951) Canal right-of-way, and to the extent
permitted by the South Florida Water Management District to the west side of the subject
property, or, discharge and re-hydration into the wetland preserve on the east side of the
subject property. Allowable discharge rates will be in accordance with Collier County
Code of Laws, Section 90-21 (Ordinance No. 90-10), as amended.
1-2
Agenda Item No. 8F
June 6, 2006
Page 82 of 246
1.6 PROJECT DESCRIPTION
The Rockedge RPUD is a residential planned development, which will be developed with
up to 400 multi-family units. The maximum allowable gross density is 5.23 dwelling
units per acre. A minimum of 30 percent (111 units) of the density generated from the
55.97 acre parcel which qualifies for the affordable housing bonus are required to be sold
to buyers earning 80% or less of Collier County's median income, as calculated annually
by the Department of Housing and Urban Development (BUD). This is an Affordable
Housing Project and the Affordable Housing Density Bonus Agreement is made a part of
this PUD Document and identified as Appendix "B". The amenities proposed to be
provided in the project include structures and areas to provide social and recreational
space, lakes, natural and landscaped open spaces, and a variety of passive and active
recreational opportunities. The required children's playground/tot lot area will be
provided prior to, but not later than, when certificates of occupancy are issued for 35% of
the allowable units for this project. Access to the property will be from Collier
Boulevard (C.R. 951). In the vicinity of the project, both Collier Boulevard and
Rattlesnake Hammock Road are scheduled to be widened to six lanes. These
improvements are funded in the current Transportation Five-Year Work Program.
Rattlesnake Hammock widening has already commenced and Collier Boulevard is
scheduled to commence in 2006. Each residential unit will be served with centrally
provided potable water, sanitary sewer, electric power, and telephone. Additional
services will be provided as deemed appropriate.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Rockedge Residential Planned Unit
Development (RPUD) Ordinance".
1-3
SECTION IT
Agenda Item No. 8F
June 6, 2006
Page 83 of 246
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County Ordinances, the respective land uses of
the Rockedge RPUD development, as well as other project relationships. The RPUD is
intended to be developed with a maximum of 400 multi-family dwelling units, of which,
a minimum of 30 percent (Ill units) of the density generated from the 55.97 acre parcel
which qualifies for the affordable housing bonus are required to be sold to HUD. The
project will also include accessory recreational facilities, preserve areas, water
management lakes, and other similar ancillary uses.
2.2 GENERAL
A. Regulations for development of the Rockedge RPUD shall be in accordance with:
the contents of this document; the RPUD-Planned Unit Development District of
the LDC, Section 2.03.06; and, other applicable sections and parts of the LDC in
effect at the time of building permit application. Where these RPUD regulations
fail to provide specific developmental standards, then the provisions of the most
similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Rockedge RPUD shall become part of the regulations
that govern the manner in which the RPUD site may be developed.
D. Unless modified, waived or excepted by this RPUD, the provisions of other
sections of the LDC, where applicable, remain in full force and effect with respect
to the development of the land that comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Section 10.02.07, Adequate Public
Facilities, of the LDC, at the earliest or next to occur of either final site
development plan approval, or final plat approval.
II-I
Agenda Item No. 8F
June 6, 2006
Page 84 of 246
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout internal access drives, conceptual water
management plan, and residential land use and preserve tracts, is illustrated
graphically by Exhibit "A", RPUD Master Plan.
B. Areas depicted as lakes on Exhibit "A", shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention, and/or littoral zones for habitat recreation
purposes. Such areas shall be in the same general configuration and contain the
same general acreage as shown by Exhibit "A", except where redesign or
revisions are permitted as outlined in paragraph C. below.
C. Internal drives, water management lakes, internal tract boundaries, and parking
areas may be modified, relocated and/or revised as necessary to accommodate
state or federal permitting conditions, site design changes and market conditions,
provided that such internal design changes do not impact or reduce preserve
tracts. The project access point at Collier Boulevard may not be revised except by
approval of Collier County Transportation Staff, or as a result of a PUD Master
Plan change.
D. In addition to the various areas and specific items shown on Exhibit "A", such
easements as may be necessary (utility, private, semi-private) shall be established
within or along the various tracts.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 400 residential dwelling units shall be developed within this project. A
minimum of 30 percent (111 units) of the density generated from the 55.97 acre parcel
which qualifies for the affordable housing bonus are required to be sold to buyers earning
80% or less of Collier County's median income, as calculated annually by the
Department of Housing and Urban Development (HUD). The gross project area is
approximately 76.46 acres. The gross project density shall not exceed 400 total units or
5.23 dwelling units per gross acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the issuance of any final local development order for all or part of the
RPUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
RPUD Master Plan and the LDC.
B. Any division of property and the development of the land shall comply with
Chapter 10.02.04 of the LDC and the platting laws of the State of Florida.
1I-2
Agenda Item No. 8F
June 6, 2006
Page 85 of 246
C. The provisions of Chapter 10.02.03 of the LDC, when applicable, shall apply to
the development of all platted tracts, or parcels of land as provided in said
Division prior to the issuance of a building permit or other development order.
D. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.6 LAKE SETBACK AND EXCA VA TIONS
Lake setbacks shall conform to the requirements described in Section 22-112(b), of the
Collier County Code of Laws and Ordinances. Lakes may be excavated to the maximum
commercial excavation depths set forth in Section 22-112( c) of the Co llier County Code
of Laws and Ordinances. Offsite removal of fill during construction of Rockedge RPUD
shall be limited to ten percent (I 0%) of the total volume excavated, to a maximum 20,000
cubic yards, unless a commercial excavation permit is received.
2.7 RIGHTS-OF-WAY
The project will utilize internal driveways to access the site, multi-family dwelling units,
and recreational facilities. Utilization oflands within all project rights-of-way and/or
internal driveways for landscaping, decorative entranceways, and signage may be
allowed subject to review and administrative approval by the Collier County Community
Development and Environmental Services Administrator, or his designee, for engineering
and safety considerations prior to installation.
2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments to this RPUD Ordinance or RPUD Master Development Plan,
Exhibit "A", are permissible as provided for in Chapter 1 0.02.l3(E) of the LDC. Minor
changes and refinements as described in Section 5.3.C of this RPUD Document may be
made in connection with any type of development or permit application required by the
LDC.
2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements, dedications, or other instruments shall be provided for water management
areas, rights-of-way, utilities and other purposes as required. All necessary easements,
dedications, or other instruments shall be granted to insure the continued operation and
maintenance of all service utilities in compliance with applicable regulations in effect at
the time of adoption of this Ordinance establishing the Rockedge RPUD.
II-3
Agenda Item No. 8F
June 6. 2006
Page 86 of 246
Whenever the Developer elects to create land area and/or recreation amenities, the
ownership and maintenance responsibility of which is a common interest to all
subsequent purchasers of residential units or real property within the Rockedge RPUD,
the developer shall provide appropriate legal instruments for the establishment of one or
more property owners' associations, or a master association. In such case, the property
owners' association or master association shall include provisions for the perpetual care
and maintenance of all common facilities and open space, for which the respective
association has such obligation, subject further to the provisions of the LDC.
2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models, sales centers, administrative offices and other uses and structures related
to the promotion, sale and/or rental, and management associated with the
development shall be permitted as a principal use throughout the Rockedge
RPUD subject to the requirements of Chapter 4.05.00; 4.06.00; 5.06.00; and
5.04.04 of the LDC. Permitted accessory uses to the promotion, sale and/or rental,
and management of the development includes: pavilions, viewing platforms,
gazebos, parking areas, and signs.
B. Temporary use permits for sales centers, and model homes may be approved
subsequent to zoning approval. Temporary use permit applications, and
associated site development plan (SDP) application(s) for residential models, may
be submitted concurrently with applications for subdivision plat, to depict the
location of the model units within a future platted lot. All model units shall be
located on lots that will be platted through subsequent development order
approvals.
C. Temporary uses for sales centers may be serviced by temporary well and septic
systems.
D. A portion of the clubhouse facilities may be used as a permanent sales facility to
be utilized to market residential products, including re-sale of residences within
the boundaries of this Rockedge RPUD, as well as for on-going project
administration.
2.11 CLUBHOUSE
Site Development Plan (SDP) application(s) for the clubhouse and related recreational
facilities may be submitted concurrently with applications for subdivision plat to depict
the location of the clubhouse and related facilities within the proposed future platted tract,
and may be approved simultaneously with the plat approval.
II-4
2.12 FILL STORAGE
Agenda Item No, 8F
June 6. 2006
Page 87 of 246
Fill storage is generally permitted as a principal use throughout the Rockedge RPUD.
Fill material generated may be stockpiled within areas designated for residential
development for a period not to exceed 18 months in any single location. Prior to
stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with
plans showing the locations and cross-sections shall be submitted to Collier County
Planning Services Staff for review and approval. The following standards shall apply:
A. Stockpile maximum side slope: 3: 1.
B. Stockpile maximum height: thirty-five (35) feet.
C. Fill storage areas shall be screened with a security fence at least six (6) feet in
height above ground level. If fill is spread to a height less than five (5) feet over
residential development areas that are depicted on an approved Site development
Plan (SDP), or approved subdivision construction plans, no fencing is required.
D. Soil erosion control shall be provided in accordance with Subsection 10.02.02.C
of the LDC, and stockpiling retained for periods greater than 90 days shall be
seeded with grass. If fill is spread to a height less than five (5) feet over
residential development areas that are depicted on an approved site development
plan (SDP), or approved subdivision construction plans, erosion control is
required, but no seeding with grass is required.
E. Fill storage shall not be permitted in preserve areas or surrounding buffers.
2.13 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Rockedge RPUD requires a permit from a
local, State, or Federal agency with jurisdiction over the property proposed for
development, the Developer shall obtain such permits prior to final plat or site
development plan (SDP) approval, as applicable.
2.14 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.04 of the LDC, a minimum of 16.39 acres (25%
of the 65.54 acres of viable, naturally functioning native vegetation on site) is required to
be retained or replanted. The RPUD Master Plan reflects the preservation of 21.86 acres
of native vegetation, and an additional 3.46 acres of land is to be preserved to protect
archeological resources, but is not counted towards the required 25% native vegetation
preservation requirement.
II-5
SECTION III
Agenda Item No. 8F
June 6, 2006
Page 88 of 246
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identifY specific development standards for areas
designated as Tract "Rl" and "R2" on the RPUD Master Plan, Exhibit "A".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
400 dwelling units.
3.3 USES PERMITTED
No building, structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. TRACT R:
1) PRINCIPAL USES:
a. Multi-family dwellings.
b. Model Homes and Model Home Centers (See Section 2.10 of this
RPUD Document).
c. Project sales and administrative offices, which may occur in residential
or recreational buildings, and/or in temporary buildings until similar
use determined by the Board of Zoning Appeals, to be comparable
with, and compatible to, the above listed Principal Uses, subject to the
provisions and procedures set forth in Section 10.08.00 ofthe LDC.
2) ACCESSORY USES:
a. Customary accessory uses and structures including, but not limited to,
clubhouses, playgrounds, private garages, tennis facilities, and
swimming pools with, or without screened enclosures, and other
outdoor recreation facilities.
b. Utility facilities and or easements (including rights-of-way easements).
c. Signage (see Section 5.11 of this Document).
d. Water management facilities/lakes.
e. Storage areas, for the exclusive use of the residents of the RPUD.
III-I
Agenda Item No. 8F
June 6, 2006
Page 89 of 246
f. Any other similar use determined by the Board of Zoning Appeals,
to be comparable with, and compatible to, the above listed
Accessory Uses, subject to the provisions and procedures set forth
in Section 10.08.00 of the LDC.
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. (All required yards shall be measured from the perimeter boundaries
of the PUD.)
B. RESIDENTIAL DEVELOPMENT STANDARDS:
TABLE II. RESIDENTIAL DEVELOPMENT STANDARDS
MUL TI-FAMIL Y
CLUBHOUSE
PRINCIPAL STRUCTURES. 2,3
MIN, LOT AREA
10,000
N/A
A VERAGE LOT WIDTH
150 FEET
N/A
MIN. FLOOR AREA
1000 S.F,
N/A
FRONT YARD
20 FEET
N/A
SIDE YARD
15 FEET
N/A
REAR YARD
15 FEET
N/A
MIN, DISI.
BETWEEN STRUCTURES
20 FEET
N/A
FROM PRESERVE TRACTS!
25 FEET
25 FEET
MAX BLDG. HI.
3 FLOORS
OVER PARKING
NTE45 FEET
N/A
ACCESSORY STRUCTURES
(INCLUDING GARAGES) 2,3,4
FRONT
SPS
15FEET
SIDE
SPS
7.5 FEET
REAR
10 FEET
N/A
FROM PRESERVE TRACTS
(ALL STRUCTURES AND SITE
ALTERATIONS) I
10 FEET
10 FEET
MAX BLDG, HI.
sPs,
35 FEET
MIN. DIST.
BETWEEN STRUCTURES
15 FEET
SPs
III-2
NOTES:
Agenda Item No. 8F
June 6, 2006
Page 90 of 246
S,P,S,: Same as Principal Structures,
BH: Building Height. Building shall be measured as set forth in the LDC
NTE: Not to Exceed
lThe location of structures proposed adjacent to a "wetland" preserves shall be subject to the provisions of the LDC in effect at the
time of development. Site alterations are prohibited within 10 feet of the preserve boundary unless it can be demonstrated that such
alterations, included placement of fill or structural barriers within 10 feet of preserve boundary will not negatively impact the
~reserve",
Structures shall not encroach into landscape buffers, except as may be permitted in LDC (such as for water management structures,
signs, and the like),
3 All Setbacks (Front, Side and Rear) are measured from parcel boundaries,
4 Front loading garages shall have a minimum front yard setback of 23 feet, as measured from the back of sidewalk. Side loaded
garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of
vehicles so as not to interfere with or block the sidewalk.
1II-3
Agenda Item No. 8F
June 6, 2006
Page 91 of 246
SECTION IV
PRESERVE AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. Preserve areas include
those tracts identified as Archeological Preserve "AP" and Preserve "P". This PUD
contains 21.86 acres oflands designated "P" Preserve, and 3.46 acres ofland designated
"AP" Archeological Preserve. The primary function and purpose of this Tract is to
preserve and protect identified archeological sites, native vegetation, and naturally
functioning habitats, such as wetlands, including upland buffers, in their natural, and/or
enhanced state.
4.2 USES PERMITTED
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 the issuance of local, regional,
State and Federal permits, when required:
Principal Uses:
1 ) Open spaces/nature preserves.
2) Water management structures.
3) Mitigation areas.
4) Hiking trails, boardwalks, shelters, or other such facilities constructed for
the purposes of passage through or enjoyment of the site's natural
attributes, subject to approval by permitting agencies, provided any such
passive uses does not impact the minimum required native vegetation.
IV-1
SECTION V
Agenda Item No, 8F
June 6, 2006
Page 92 of 246
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with approved site development
plans, subdivision plans (if required), and all applicable State and local laws, codes, and
regulations applicable to this RPUD. Except where specifically noted or stated
otherwise, the standards and specifications of Section III of the proposed Construction
Standards Manual shall apply to this project, even if the land within the RPUD is not to
be platted. The developer, its successors and assigns, shall be responsible for the
commitments outlined in this Document.
The Developer, its successors or assignee, shall follow the Master Development Plan and
the regulations of the RPUD, as adopted, and any other conditions or modifications as
may be agreed to in the rezoning of the property. In addition, any successors or assignee
in title to the developer is bound by any commitments within this agreement. These
commitments may be assigned or delegated to a condominiumlhomeowners' association
to be created by the developer. Upon assignment or delegation, the developer shall be
released from responsibility for the commitments, except to the extent the developer or its
agents remain in control of such association. The developer, his successor and assigns,
shall be responsible for the commitments outlined in this Document. These commitments
will be enforced throughout provisions agreed to be included in the declaration of
covenants and restrictions, or similar recorded instrument. Such provisions must be
enforceable by lot owners against the developer, its successors, and assigns, until the
turnover of the property to any property or homeowners' association.
5.3 RPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special
land use boundaries shall not be construed to be final, and may be varied at any
time at any subsequent approval phase such as final platting or site development
plan applications. Subject to the provisions of Chapter 10.02.13.E of the LDC, as
amended, and amendments which may be made from time to time.
S. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all services and all common
areas in the project.
V-I
Agenda Item No, 8F
June 6, 2006
Page 93 of 246
5.4 ARCHEOLOGICAL SITE PRESERV A TION
In July of 2003, a Phase One Archaeological Assessment of the site was performed, by
John G. Beriault, B.A., under the direction of Robert S. Carr, M.S., of the Archeological
and Historical Conservancy, Inc. Three previously unrecorded sites (CR873, CR874,
CR875) were discovered and one, (8CR726) was previously recorded and is
predominantly located within the Collier Boulevard ROW (CR951) right-of-way.
Relative to 8CR726, the Phase One Archaeological Assessment report states: "Extensive
judgmental testing .. .indicates that this area has been so severely impacted by prior
mechanical clearing and scraping that only minimal in situ archeological material remain.
The Phase One Archaeological Assessment describes CR873 as "a patchy scatter of
faunal bone..." The report describes CR874 and CR875, respectively the Rockledge
Midden and the Hamelia Midden sites, as "intensive .. . containing ... a variety of
artifacts, marine shell, and faunal bone." One human bone was recovered from CR875,
the Hamelia Midden, ".. . suggesting the possibility that a prehistoric grave or cemetery
could occur in association with... the midden sites."
While it is not feasible to preserve CR873, as it falls within a necessary development
area, the PUD master plan has been designed to preserve in perpetuity the two intensive
and significant sites, Rockledge Midden (CR874) and Hamelia Midden (CR875).
Further, the following additional recommendations contained in the Phase One
Archaeological Assessment shall be applied as conditions of this RPUD:
A. Prior to any clearing or grubbing activities within 200 feet of the archeological
preserves, a temporary construction fence shall be placed around the preserve
areas.
B. Any clearing of exotic vegetation within the archeological preserves shall be
conducted by hand. No mechanical equipment shall be used within the
archeological preserves for clearing or debris removal.
C. All activities of clearing, grubbing, and subsurface alterations such as digging for
utilities ditches, water management lakes, roads and the like, within 100 feet of
the archeological preserves shall be subject to archeological monitoring.
D. No storage of fill, equipment or supplies shall be placed with the native vegetation
preserve areas (which include the archeological preserves).
E. Should any replanting or landscaping be permitted or required within the
archeological preserves, such activity shall be coordinated with and monitored by
an archeologist.
F. If any archeological features or artifacts are discovered during construction or
V-2
development activities on the site outside of the designated archeological
preserves, all development and construction activities shall cease until the site has
Agenda Item No, 8F
June 6, 2006
Page 94 of 246
been examined by an archeologist and necessary efforts to protect such resources
have been employed.
G. If additional human remains are discovered then the guidelines for Florida Statute
Section 872.05, the Unmarked Grave Act, shall apply.
5.5 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. This RPUD is subject to the Sunset Provisions of Chapter 10.02.l3.D, of the
LDC, as amended.
B. An annual RPUD monitoring report shall be submitted pursuant to Chapter
10.02.l3.F of the LDC, as amended.
5.6 TRANSPORTATION
The development of this RPUD Master Development Plan shall be subject to and
governed by the following conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual on Uniform Traffic Control Devices (MUTCD),
current edition. All other improvements shall be consistent with and as required
by the Collier County LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
C. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO.
D. Road impact fees shall be paid in accordance with Collier County Consolidated
Impact Fee Ordinances and LDC Sections 6.02.00 and 10.02.07, as amended.
E. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
V-3
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves the right
to modify or close any median opening existing at the time of approval of this
Agenda Item No. 8F
June 6, 2006
Page 95 of 246
RPUD which is found to be adverse to the health, safety and welfare of the public.
Any such modifications shall be based on, but are not limited to, safety,
operational circulation, and roadway capacity. The exact location and final design
of the access point on Collier Boulevard shall occur during SDP review. This
design shall incorporate provisions for access to the three parcels immediately to
the north of Amity Road. The developer shall coordinate with the County and/or
the County's designee to ensure that the access locations and design are consistent
with the 6-lane improvement plans for Collier Boulevard.
G. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, be the basis
for any future cause of action for damages against the County by the developer,
its successor in title, or assignee.
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer and Collier Country shall have no responsibility for maintenance of
any such facilities.
I. If any required turn lane improvement requires the use of existing County right-
of-way or easement, compensating right-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be
borne by the developer and shall be paid to Collier County before the issuance of
the first CO.
K. The PUD Master Plan depicts a shared access (interconnection) with an adjacent
property to the north, as well as future connections to John's Road to the north
and interconnection to the south to provide for potential future access from the
project to Sabal Palm Road. In addition, the Master Plan depicts potential future
interconnection to the north and south via the existing FPL easement, and
proposes a future pedestrian interconnection to the Collier Regional Medical
Center. The developer, or assigns, shall assure that these interconnections shall
accommodate the perpetual use of such access by incorporating appropriate
language into the applicable development covenants, and SDP or plat.
V-4
L. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall
be required. The amount shall be determined utilizing FDOT's 2004
Transportation Costs, as amended. Payment shall be required within 30 days of
approval of zoning petition by the Board of County Commissioners.
Agenda Item No, 8F
June 6, 2006
Page 96 of 246
M. At the request of Collier County, a Collier Area Transit (CAT) bus stop with
shelter will be installed by the developer. The exact location will be determined
during site development plan review; however, every effort shall be made for co-
utilization of the CAT stop for a school bus pick-up and drop-off. This shall be
coordinated with the Collier County School District. If co-utilization is
determined not to be feasible, then a site for school bus drop-off and pick-up shall
be provided internal to the site.
N. The project shall be phased as follows:
Phase One: Phase One shall be limited to a maximum of 250 dwelling units,
including the required III affordable units.
Phase Two: Of the remaining 150 dwelling units, COs shall be limited to 75
dwelling units which shall not be issued until 2008.
Phase Three: COs shall not be issued for the remaining 75 units until 2009.
5.7 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and
governed by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be
issued unless and until Planning Services Staff grants approval of the proposed
construction in accordance with the approved plans.
B. An excavation permit will be required for the proposed lakes in accordance with
the LDC and South Florida Water Management District Rules.
C. The project must obtain a Surface Water Management Permit from the South
Florida Water Management District prior to any site development plan approval.
5.8 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and
governed by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
V-5
accordance with applicable County ordinances, rules, and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers ofthe County, and will be billed by the County
in accordance with the County's established rates.
Agenda Item No, 8F
June 6, 2006
Page 97 of 246
5.9 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and
governed by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Collier County Environmental Services Staff.
All conservation areas shall be designated as "Preserve" tracts or easements on all
construction plans, and shall be recorded on the plat with protective covenants
per, or similar to, Section 704.06, Florida Statutes. Tracts or easements shall be
dedicated on the plat to the homeowners association for ownership and
maintenance and to Collier County with no responsibility for maintenance. If
property is not to be platted, as may be the case with a multi-family Site
Development Plan (SOP), a recorded conservation easement is required before
SDP approval.
B. Buffers shall be provided around wetlands, where possible, extending at least
fifteen (IS) feet landward from the edge of the wetland preserves in all places,
and average twenty-five (25) feet from the landward edge of wetlands. Where
natural buffers are not provided, structural buffers shall be provided in accordance
with the State of Florida Environmental Resource Permit Rules, and be subject to
review and approval by Environmental Services Staff.
C. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site alterations shall
have a minimum la-foot setback. Site alterations are prohibited within 10 feet of
the preserve boundary unless it can be demonstrated that such alterations,
included placement of fill or structural barriers within 10 feet of preserve
boundary will not negatively impact the preserve.
D. The petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to "listed
species". A Habitat Management Plan for those protected species shall be
submitted to Environmental Service Plan Review Staff for review and approval
prior to final site plan/construction plan approval.
V-6
Agenda Item No. 8F
June 6, 2006
Page 98 of 246
E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas (Preserve Area
Management Plan), shall be submitted to Environmental Services Staff for review
and approval prior to final site plan/construction plan approval. This plan shall
include methods and a time schedule for removal of all Category I invasive exotic
plants, as defined by the Florida Exotic Pest Plant Council, throughout the RPUD.
All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, within preservation areas, shall be removed and subsequent annual
removal of these plants (in perpetuity) shall be the responsibility of the property
owner.
F. All listed plant species found in areas of impact, including pop ash FLUCFCS
Code 616, shall be relocated by qualified biologists prior to development.
Detailed relocation plan shall be reviewed and approved by Environmental
Services Staff prior to first development order approval.
G. The RPUD shall be consistent with the GMP, Conservation and Coastal
Management Element. Development within this RPUD shall be in conformance
with the applicable provisions of the LDC in effect at the time of final
development order approval.
H. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final site plan/ construction plan approval.
5.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure, except for the clubhouse facilities, a construction
operation/management office, and model center which may be constructed after zoning
approval (See Sections 2.10 and 2.11 of this RPUD Document).
5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as principal uses
throughout the Rockedge RPUD, except in Preserves. The following standards apply:
A. Landscape berms may have the following maximum side slopes:
1 ) Grassed berms 4: 1.
2) Ground covered berms 3:1.
3) Rip-Rap berms 2:1.
4) Structural walled berms may be vertical.
B. Fence or wall maximum height, adjacent to Collier Boulevard: a fence or wall, or
fence or wall and berm combination, not to exceed 8 feet in height, may be
V-7
Agenda Item No, 8F
June 6, 2006
Page 99 of 246
erected along the project's frontage on Collier Boulevard. All other fences or
walls shall conform to the provisions of Section 5.03.02 of the LDC.
C. Pedestrian sidewalks, bike paths, water management facilities and structures may
be allowed in landscape buffer areas, provided that the landscape buffer area is
increased by an equivalent width.
5.12 POLLING PLACES
Pursuant to Chapters 2.01.04 and 4.07.06 of the LDC, provision shall be made for the
future use of building space within common areas for the purposes of accommodating the
function of an electoral polling place, only if requested by the Supervisor of Elections.
An Agreement between the Developer and the Supervisor of Elections for the provision
of polling places shall be recorded in the official records of the Clerk of the Circuit Court
of Collier County, which shall be binding upon any and all successors in interest that
acquire ownership of such common areas including homeowners' associations.
5.13 PARKS AND RECREATION FACILITES
A. In addition to any recreation facilities that the developer may choose to develop
within the project, the developer shall install a playground to serve children ages
2-12 years old, which meets ASTM standards. This required playground/tot lot
area will be provided prior to, but not later than, when CO's are issued for 35% of
the allowable units for this project.
B. A proportional amount of the recreational facilities must be open and available for
use by residents.
V-8
Agenda Item No. 8F
June 6, 2006
Page 1 00 of 246
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
, 2006, by and
between Woodfield Builders, LLC (the "Developer") and the Collier County Board of
County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The .Property"). Only 55.97 acres of the total project
acreage of 76,46 acres is eligible for an affordable housing density bonus. It is the
Developer's intent to construct a maximum of 400 residential units (the .Unitsn) at a
density of 5.23 units per gross acre on the entire Property and 6.59 units per acre on
the eligible 55.97 acres. The gross acreage of Property is 76.46 acres. The number of
affordable Units constructed by Developer shall be 111 , representing 30% percent of
the total number of residential Units in the development generated from the eligible
55.97 acres.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Growth
Manaaement Plan Future Land Use Element and in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
land Development Code (LDC) 9 2.06.00 at seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of ill bonus Units on the Property, if the Developer,
agrees to construct affordable Units as specified in this Agreement.
Page 1 of 20
Rev 9/3/2003
Agenda Item No, 8F
June 6, 2006
Page 101 of 246
NOW, THEREFORE. in consideration of the approval and grant of the density
bonus of 5.09 units per acre requested by the Developer and the benefrts conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Aareements. The Developer hereby agrees that it shall
construct 111 affordable Units which Units shall be sold in accordance with the terms
and conditions of this Agreement and as specified by the attached Appendices A & B,
Exhibits A, 8, & C, and Appendix C, which Appendices are incorporated by reference
herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC 9 2.06.04 .Phasing- shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown 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 starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted 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.
(3) Eliaibi/itv and Qualification of Owner. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable housing density bonus
Page 2 of 20
Agenda Item No. 8F
June 6, 2006
Page 102 of 246
program prior to being qualified at the appropriate level of income (moderate income) in
accordance with this Section; 3) certification of eligible Owner by the Financial
Administration and Housing Department.
The Developer shall be responsible for qualifying Owners by accepting
applications, 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 Financial Administration and Housing
Department. Qualification by the Developer of any persons as an eligible Owner family
shall be subject to review and approval in accordance with the monitoring and
, enforcement program in LDC 99 2.06.05 and 2.06.06, respectively.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a low income family for the purpose of owning and
occupying an affordable housing unit pursuant to the affordable housing density bonus
program. The Preliminary Application for Affordable Housing Unit shall be provided by
the Financial Administration and Housing Department as shown in Appendix B, Exhibit
A, attached to this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable housing Unit in the
development shall be sold whose household income has not been verified and certified
in accordance with this Agreement and LDC 9 2.06.05.
(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 recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, attached to the Affordable Housing Applicant Income
Verification form, including a statement to release information, occupant verification of
the return, and a signature block with the date of application. The verification shall be
valid for up to two hundred seventv (270) days prior to occupancy. Upon expiration of
the 270 day period, the information may be verbally updated from the original sources
for an additional 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 Applicant Income Verification form shall be provided by the
Financial Administration and Housing Department as shown in Appendix B, Exhibit B,
attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification form be executed by the potential
Page 3 of 20
Agenda Item No. SF
June 6, 2006
Page 103 of 246
occupant (including the entire household) prior to occupancy of the affordable housing
unit by the occupant. Income certification shall assure that the potential occupant has
an appropriate household income which qualifies the potential occupant as an eligible
family to occupy an affordable housing unit under the affordable housing density bonus
program. The Affordable Housing Applicant Income Certification form shall be provided
by the Financial Administration and Housing Department as shown in Appendix B,
Exhibit C, is attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC 9 2.06.00, may be conducted
by the Financial Administration and Housing Department upon reasonable notice.
(4) Annual Proaress and MonitorinCl Report The Developer shall provide the
Financial Admjnistration and Housing Department an annual progress and monitoring
report regarding the delivery of affordable housing units throughout the period of their
construction and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC 9
2.06.00, or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Financial Administration and Housing Department. Failure to complete and submit the
monitoring report to the Financial Administration and Housing Department within sixty
(60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per
day unless a written extension not to exceed thirty (30) days is requested prior to
expiration of the sixty (60) day submission deadline. No more than one such extension
may be granted in a single year.
(5) Occupancv Restrictions. No Affordable Unit in any building or structure
on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 1.5 units per acre, and is therefore granted a density
bonus of ~ density bonus units per acre for the eligible 55.97 acres, for a total
density (total = density bonus units per acre X gross acreage) of 6.59 units/ac on the
eligible 55.97 acres, pursuant to LDC S 2.06.00 The Commission further agrees that
the Developer may construct thereon, in the aggregate a maximum number of 400 units
on the Property provided the Developer is able to secure building permit(s) from Collier
County.
Page 4 of 20
Agenda Item No. 8F
June 6, 2006
Page 104 of 246
4. Commission Aareement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC 9
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit
provided under the affordable housing density bonus program except as specifically
permitted by the terms of this Agreement; or to knowingly give false or misleading
information with respect to any information required or requested by the Financial
Administration and Housing Department or by any other persons pursuant to the
authority which is delegated to them by LDC 9 2.06.00 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 Agreement shall be at the option of the
Commission by criminal enforcement pursuant to the provisions of Section 125.69,
Florida Statutes. or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedinas.
Whenever it is determined that there is a violation of this Agreement or of LDC 9
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified retum-
receipt requested U.S. Mail, or hand-delivery to the person or developer in violation.
The Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of OccuDancv. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or LDC 92.06.00, as
amended, at the option of the Commission, building permits or certificates of
occupancy. as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC 9 2.06.00. as amended.
6. Assianment bv Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign. delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Director of Financial Administration
Page 5 of 20
Agenda Item No. 8F
June 6, 2006
Page 105 of 246
and Housing Department, which. 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 Director
of Financial Administration and Housing Department as required by this Section shall
be void ab initio. Developer may appeal any denial of assignment to the Commission.
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 notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission:
Collier County Financial Administration and
Housing Department
2800 North Horseshoe Drive
Naples, Florida 34104
To the Developer:
Woodfield Builders, LLC
6604 Ridgewood Avenue
Naples, Florida 34108
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 Collier
County Financial Administration and Housing Department or its designee, shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees. and agents harmless from and
against any and all claims, penalties. damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or 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
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
Page 6 of 20
Agenda Item No. SF
June 6, 2006
Page 106 of 246
further obligation hereunder and any person seeking to enforce the tenns hereof shall
look solely to Developer's successor in interest for the perfonnance of said obligations.
12. Recordinq. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Aoreement. 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. Tennination. Each affordable housing unit shall be restricted to remain
and be maintained as the required affordable housing for a period of fifteen (15) years
from the date of issuance of a Certificate of Occupancy for said housing unit.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell, and maintain the same in a non-discriminatory
manner and shall make available any relevant information to any person who is
interested in purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable
units.
17. Phasino. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in the first
phase and shall be constructed as part of the first phase of the development on the
Property. Developer commits to 30 percent affordable housing units for the 55.97 acres
of this project, which are eligible for the density bonus, with at least 30 percent of the
units in the first phase as built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable housing 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
Collier County 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
Page 7 of 20
Agenda Item No. 8F
June 6, 2006
Page 107 of 246
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 Housino Density Bonus Develooment Aoreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preaoolication. Developer has executed and submitted to the
Development Services Department 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. Goveminq Law. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this 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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By: FRANK HALAS, CHAIRMAN
Approved as to form and legal sufficiency:
bALL-Om. ~L.u~-~
Ma~o' M. Student- tining
Assistant County Attomey
Page 8 of 20
Agenda Item No. 8F
June 6, 2006
Page 108 of 246
DEVELOPER:
Witnesses:
Woodfield Builders, LLC
Witness
Printed Name
By:
Witness
Printed Name
Brian Mansour, Managing Member
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by Brian
Mansour as Managing Member of Woodfield Builders, LLC, who is personally known to
me or has produced as identification.
WITNESS my hand and official seal this day of
2006.
Notary Public
My Commission Expires:
Page 9 of 20
Agenda Item No. 8F
June 6, 2006
Page 109 of 246
EXHIBIT A
LEGAL DESCRIPTION .NEWTOWN SQUARE PU)
Section: .ll Township: SO South Range: ~
A PARCEL OR TRACT OF LAND SITUATED IN TIlE ST ATE OF FLORIDA, COUNTY OF COLLIER
LYING IN SECTION 23, TOWNSJill' 50 SmITH, RANGE 26 EAST, BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A 4 INCH CONCRETE MONUMENT MARKlNG nm CENTER SECTION 23,
TOWNSHIP 50 soum, RANGE 26 EAST;
THENCE, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 23, N.89'OO' S2"E.,
A DISTANCE OF 664.38 FEET;
THENCE, DEPARTING FROM SAID MID-SECTION LINE, S.Ol'13'49"W., A DISTANCE OF 1,350.38
FEET;
THENCE S.89' 40'S2"W., A DISTANCE OF 662.16 FEET
THENCE S.89'41'40"W., A DISTANCE OF 1,325.03 FEET;
THENCE N.OrOO'34"E., A DISTANCE OF 331.32 FEET;
THENCE S.89'34'42"W., A DISTANCE OF 993.80 FEET
THENCE S.00'S4'44"W., A DISTANCE OF 329.05 FEET
THENCE N.89'41'3S"E., A DISTANCE OF 331.01 FEET
THENCE S.OO"S8'OI"W., A DISTANCE OF 330.10 FEET
TIIENCE S.89"S2'20"W., A DISTANCE OF 561.91 FEET TO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF A 100.00 FEET WIDE CANAL TIlAT RUNS PARALLEL TO AND 100 FEET EAST OF THE
WEST LINE OF SAID SECTION 23;
THENCE, ALONG SAID EAST RIGIIT -OF-WAY LINE, N.OO'SO'28"E., A DISTANCE OF 984.20 FEET;
THENCE, DEPARTING FROM SAID EAST RIGHT-OF-WAY LINE, N.89'23'49"E., A DISTANCE OF
894.94 FEET;
TIIENCE N.00'S9'07"E., A DISTANCE OF 662.00 FEET TO A POINT ON TIIE SAID EAST -WEST MID-
SECTION LINE;
THENCE, ALONG SAID EAST-WEST MID-SECTION LINE, N.89'OO'SS"E., A DISTANCE OF 996.67
FEET;
THENCE, DEPARTING FROM SAID EAST-WEST MID-SECTION LINE, S.OO'S7'32"W., A DISTANCE
OF 327.91 FEET;
THENCE N.88'S8'2S"E., A DISTANCE OF 663.65 FEET
THENCE N.OrOS'18"E, A DISTANCE OF 327.46 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,330,396 SQUARE FEET OR 76.46 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF SECTION 23, AS HAVING AN ASSUMED
BEARING OF N.00'SO'28"E.
Page 10 of 20
Agenda Item No. 8F
June 6, 2006
Page 110 of 246
APPENDIX A, EXHIBIT A
(NOT APPLICABLE)
NUMBER OF AFFORDABLE HOUSING UNITSIMONTHL Y BASE'RENTS
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
LOW INCOME
(60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME
(50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY-VERY LOW INCOME
(25-/0-50% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(1) Base residential density allowed in this development units/acre.
(2) Gross acreage
(3) Maximum number ofaffordab!e housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. units.
(4) Gross residential density of this development (including affordable housing density
bonus units) units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) %.
Page 11 of 20
Agenda Item No. 8F
June 6, 2006
Page 111 of 246
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
NOT APPLICABLE PER FUTURE LAND USE ELE.MENT
LDC ~ 2.06.03, 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.
The affordable housing density bonus rating system shall be 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
J:!~?},le 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
(owner-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
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been detennined 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 number of residential dwelling units per gross
acre that may be added to the base density. These additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1/1Oth of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable housing
density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development.
'Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus 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
B, the affordable housing density bonus for each type of unit shall be added to those for the other
type(s) to detennine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
Page 12 of 20
Agenda Item No. 8F
June 6, 2006
Page 112 of 246
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
NOT APPLICABLE PER FlJTIJRE LAND USE ELEMENT
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOME
NUMBER OF BEDROOMSIUNIT
EFFICIENCY
AND 1
2
30R
MORE
80% MI= MODERATE (OWNER-OCCUPIED,
SINGLE-FAMlL Y)
o
1.
1.
60% MI= LOW (OWNER-OCCUPIED OR RENTAL 2
SINGLE-FAMll-Y OR MULTI-
F AMll- Y)
3
4
50%MI= VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-FAMILY OR
MULTI-FAMILY) 3
4
5
*For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30% 40%
1 0 0 1 2
2 0 I 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Page 13 of 20
Agenda Item No. 8F
June 6, 2006
Page 113 of 246
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(l); Collier County Code of Laws and Ordinances,
moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
! 1 ~ ~ ~ !! 1 ~
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050
35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LllITC) programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier COlmty
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
80% $1,046 $1,256 $1,45 I $1,618
60% $785 $942 $1,089 $1,215
50% $654 $785 $907 $1,012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
UTll.JTY ALLOWANCES
ONE BIR TWOBIR THREE BIR FOUR BIR
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
Page 14 of 20
Agenda Item No. 8F
June 6, 2006
Page 114 of 246
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Co-Tenant Name
Present Address:
Date of Application: Amt. Of Sec. Deposit:_
Rac~ationa1 Origin: Handicap: Yes _ No_
Race/National Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street
City
State
Zip Telephone No.
Name of Previous Landlord
Street
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
City
State
Zip
Telephone No.
Monthly $
CO-TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary. Hourly $_ Weekly $_ Every 2 Weeks $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE W AGE
1.
2.
3.
Monthly $
SOCIAL SECURITY
PERSONAL REFERENCES (Not Relatives)
1. Name: Address:
2. Name: Address:
How Long Known:
How Long Known:
Page 15 of 20
Agenda Item No. 8F
June 6, 2006
Page 115 of 246
APPENDIX B, EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name: :
Social Security Number
Social Security Number
Present Address:
Street City State
I hereby make application for a single family unit at
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
Zip
Telephone No.
I hereby certify that this will be my pennanent residence and that I have no other assisted
housing.
I understand that this information is for the pmpose of computing my annual income to
determine my qualification to buy an affordable housing unit. I understand that I am not required
to surrender my ownership or rights or claimed property, pensions or capital gains, etc.
Applicant Co-Oecupant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $- $
Bonuses $ $ $ - $
Tips $ $ $- $
Commissions $ $ $ - $
Interest Income $ $ $- $
Trust Fund Income $ $ $- $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $- $
Food Stamps $ $ - $- $
Social Security $ $ $- $
Social Security Disability $ $ $ - $
Supplemental SSI $ $ $ - $
Family Assistance $ $ $- $
Child Support $ $ .$- $
Veterans Benefits $ $ $- $
Widows Benefits $ $ $- $
Union Pension $ $ $- $
Self-Employment Business,
Silent Partner, etc. $ $- $- $
Private Insurance Pension $ $ $- $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S lNCOME TAX RETIJRN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD lNCOME. FAll..URE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
Page 16 of 20
Agenda Item No. 8F
June 6, 2006
Page 116 of 246
APPENDIX B, EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City
State
Zip
I.
, hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me rry
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2005.
(notary seal)
Notary Public
My Commission Expires:
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ $
Monthly Annually
Supervisor
STATEOFFLORIDA )
)ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my band and official seal this
day of
,2005.
(notary seal)
Notary Public
My Commission Expires:
TIIE CERTIFICATION HERE REQUESTED MAY TAKE TIIE FORM OF TIm MOST RECENT YEAR'S
INCOME TAX REfURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE UNIT.
Page 17 of 20
Agenda Item No. 8F
June 6, 2006
Page 117 of 246
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC ~ 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division. 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial
Administration and Housing Department.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each;
Planned Unit Development on 76.46 acres
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
~Yes
No
If yes, state date of application November 5. 2003 and if the request has been approved, state the
Ordinance number
3. Gross density of the proposed development. ~ units/acre.
Gross acreage of the proposed development. 76.46 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? ___~ Yes No.
If yes, please state name and location of the PUD and any other identifying information.
-'
Rockedl!e PUD on Collier Boulevard
5.
Name of applicant
Woodfield Bllilders, LLC
Name ofland developer ifnot the same as Applicant:
6. Please complete the following tables as they apply to the proposed development.
TABLE I
Total Number of Units in Develooment
Type of
Unit Rental
Efficiency 0
One Bedroom 0
Two Bedroom 0
Three Bedroom 0
Other Bedroom 0
TOTAL 0
Owner
Occupied
400* Mix of number of bedrooms units to be
Determined according to market demand.
Page 18 of 20
TABLE II
Number of Affordable Housing Units
MODERATE INCOME
80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Total Number of
Affordable Units
in Development
Owner
Rental Occunied
111*
111
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
* minimum size, any or all may be increased to 3 bedroom units
LOW INCOME
60% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
VERY LOW INCOME
50%MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
Page 19 of 20
Agenda Item No. 8F
June 6, 2006
Page 118 of 246
Agenda Item No. 8F
June 6, 2006
Page 119 of 246
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low income) and by number of bedrooms. Include in your description, for example, the squart:i
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
additional pages as Exhibit "D" if needed.
... Wood frame or CBS construction
... 30 - year architectural shingles
... Concrete driveways, walks, and entries.
... R-30 insulation in attics and R13 insulation on exterior walls.
... Ceramic or vinyl tile flooring, or carpeting, in all kitchens, baths, bedrooms, and laundry areas.
... Wood or composite kitchen cabinets with fully adjustable shelves
... Complete kitchen appliances, including a microwave oven, range, refrigerator, and disposal
... High efficiency air conditioning with heat pump.
... Land Development Code minimum landscaped private yards.
... Dual sinks in the master bath.
... Aluminum framed windows.
... Metal clad entry door with dead bolt lock.
... Pre-wiring for cable television, telephone and a digital perimeter security alarm system
8. Please supply any other infonnation which would reasonably be needed to address this request for
an affordable housing density bonus for this development Attach additional pages if needed.
478937.2.111S23.0001
Page 20 of 20
,f!
..
Project ~05672
October 4,2005
ROCKEDGE RPUD REZONING
. . .
TRAFFIC IMPACT STATEMENT
Agenda Item No. 8F
June 6, 2006.
. Page '120 of 246
[Q),~'~ GS if
Prepared by: .
DAVID PLUM:MER & ASSOCIATES, INC.
1531 Hendry Street
Fort Myers, Florida 33901
EXHIBIT D
. Agenda Item No. 8F
June 6,2006
Page 121 of 246"
..
[Q)[ffi~lFl1
ROCKEDGE RPUD REZONING
TRAFFIC IMPACT STATEMENT..
I. Introduction
A. Proiect Description
As shown inExlnoitl; the Rocked.ge RPUD (the Project) is an affordable housing project
located on the east side of Co iller Boulevard (CR 951) about one-fQurth mile south ofLely
Cultural Drive. .
. The Proj ect will include a total of 400 multifamily residential units. There will be a small,
ancillary clubhouse to serve residents of the community. The Project is a one phase.
development, with buildout in 2010.
B. Proi ect Access
Access to the Proj ect will be provided .via a sing! e entrance on Amity Road., which intersects
Collier Boulevard at an existing full median opening about 1/4 inile (approximately 1,280
feet, centerline to centerline) south of Lely Cultural Drive. Once Collier Boulevard is
. widened to six lanes, it is anticipated that this intersection will be converted to a directional
median opening allowing southbound left-turn movements.
Amity R()ad crosses the canal jUst east of Collier Boulevard on an existing two-lane bridge.
This road now serves eleven single-family homes on the.north side of the road, whic~ are not
part oftbis.development. The traffic from these homes was considered as background tr8ffic
. for purpo.ses of this TIS.. . .
C.. Traffic Impact Statement (TIS) Methodology Outline
An updated TIS Methodology Outline was provided to the CoUnty Staff .for review and
. comment on Septerp.ber 2, 2005. This Methodology Outline was reviewed and accepted by
the County Staff. A copy of the updated methodology is included in Appendix A.
D. Roadway Segments Under Study
The study area for this TIS includes Collier Boulevard from north ofRattlesD;ake Hammock
Road to US 41 and Rattlesnake Hammock Road from US 41 to Collier Boulevard. ..
As agreed in the Methodology Outline,. the roadway segments under study include the.
1.
"j" ~-
" ..
fol1owin~:
Roadway'.
, From.
- Collier Blvd.
Davis Boulevard
Rattlesnake Hammock Rd.
Lely Cultural Dr.
Al?llty RdJPr6j ect Entrance
~d Lely Dr.
US 41
County Barn Rei. _
P~l1y A v.e.
Rattlesnake Hammock Rd..
Agenda Item No, 8F
_June 6, 2006- -
Page 122 of 246
[Q)~-~.-(Fi
To
Rattlesnake Hanu:noc~ Rd.
Lely Cultural Dr. .
Amity Rd./Project Entrance
Grand Lely Dr. --
US 41
County Barn Rd.
Polly Ave. -
Collier Blvd.
These segments include all roadway segp:l:ents that are si~ficantly impacted. by the Proj ect.
._ -based on the County's recently-adopted 3% - 3% - 5% thresholds for-signific,i:mt impact.
This refers to Project traffic consuming 3% of the roadway service vol1ii1i6 (at the adopted
LOSstanclard) on the adjacent link to which the Project has direct access.. 3% on the next.
link in each direction, and 5% on all other links. - -
"Significant impact" is measured as described above, u~dverse impactn is measured based
:on thelevel of service standardS oithe.Collier County Growth Manage.ment Plan. _
E. - Intersections Under Study
. .
As agreed in the Methodology Outline. the five interseCtions Under study include the
following: .
- rDtersections
--, Collier BlvdJRattlesnake Hammock Rd.
Collier Blvd/Lely Cultural Dr. - - ..
Collier Blvd.! Amity Rd./Proj ect Entrance
Collier Blvd.!Grand Lely Dr. _
- Rattlesriake Hammock Rd.lSt. Andrews Blvd.!Santa Barbara Ext. (future)
F. Analysis Periods
. .
For roadways un~er study. peak hour (K250). peak season, directional traffic conditions were
analyzed for the following time periods.
· Existing Conditi~ns .
· Future Conditions (2010) without Project
.. FutureConditioIis (2010) with Project
2
.t
Agenda Item No. 8F
June 6; 2006,
Page 123 of 246
[Q)~~LS']j
For intersections under study, AM and PM peak hour, peak season traffic conditions were
analyzed for the following timepenods.
· Existing Conditions
· Future Conditions (20.10.) with Project
II. Existin2 Traffic Characteristics
A. Existin~ Roadwav Network
The existing roadway network in the vicinity of the Rockedge RPuD is shoW?-in Exhibit 2~
Collier Boulevard, which provides access to the Project via Amity Road, is a. four-lane,
divided road that extends north to Immokalee Rmi.d and south to Marco Island. US 41,
which is. the principal arterial serving the coastal areas of S01;'thwest Florida., interSects,
Collier Boulevard about two miles south 6fthe Project. Ratt1~snake Hammock Road is an
east-west road' that intersects' Collier Boulevard about one mile north of the Project.
Rattlesnake Hammock Road is a four-lane, divided road from US 41 to Polly Avenue and a .
two-lane, undivided road from Polly Avenue to Collier Boulevard. .
B. Existing Roadway Conditions
Existing roadway conditions :were reviewed based. on the current Co~lier County A1?nual
, Update and Inventory Report on Public Facilities (AUlR): Existing conditions at the
intersections under study are addressed in the next section of this report.
'The current Collier County AUIR provides estimates ofcurrent levels of se~ce on maj~r
. roads in Collier County. According to this, the leyels of service on Collier Boulevard are .
LOS "C"with Volume/Standard Ratio. = 0..75 betwe~n Davis Boulevard and Rattlesmike
Ha.nJmock Road and Volume/Standard Ratio = 0..66 between ,Rattlesnake Hammock Road
and US 41. . The level of service on the two-lane section ofR.attlesnakeHammock Road is
LOS "En (Volume/Standard Ratio = 0..69).
The existing roadway levels of service on a peak hour, peak season basis are reported in
Exhibit 3.
C. Existing Intersection Conditions
Existing AM and PM peak hour, peak season turning movement counts at the intersections
under study are shown in Exhibit 4. These turning movement counts were conducted by
DP A in September, 20.05. The counts were seasonally adjusted to represent peak hour, peak
. season volume using FDOT adjustment factors for Collier County. Traffic count summaries
are included in Appendix B.
3
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Agenda Item No. 8F
June 6.. 2006
, Page 124 of 246
[Q)~~[Plj
~,
Intersection capacity. analyses were conducted at these intersections using McTRANS
Highway Capacity Software (HCS)-Release 4.1e. The'~CS worksheets are included in
Appendix C. The results o'f the inte:rsection capacity analyses are shoWn below. '.
, Existing Intersection Levels of Service
Intersections Under Study
Collier Boulevard/Rattlesnake HammockRd. (1)
Collier Boulevard/Lely Cultural Dr. (l) ,
Collier Boulevard! Amity Rd. (2,3)
Collier Boulevard/Grand Lely Dr. (2)
AM Peak
PM Peak
D
C
BIF
,B/F
D
B
B~
B/F
Foo1notes~
(1) Signalized iiitenection. Ovimll LOS reported.
(2) Unsignll.1ized, intersection.. Major street/minor street left-turn LOS reported.
(3') Based oil lTE trip generation estimates for existing homes.
The existing intersection analyses indicated that the two signalized ~tCrsections operate at an
acceptable level of service. For the unsignaIized intersections, the main meet left-turns
operate at an acceptable level ofsernce, but the side street left-tumsexperience some delay.
ill. Committed Road Improvements
, . '
Those road arid mtersection improvements, that are currently'under c6nstruction or scheduled
for construction in the County's Transportaticrn .SYear Work Program or in the FDOT
Adopted Work Program are considered to be committed, improvements for TIS pwposes, as, '
identified in the Me~odology Outline.' '
A$ shown in Exhibit 5, several roadand intersection improvements iritb.e area are cl.UTently
, , . under construction, or are committed for construction :within the. next five years. Th,ese
improvements will help alleviate current.,road defidencies and suppoi1 future area
'development. .
, For purposes of this TIS, the most important committed improvements are the six-laning of
Rattlesnake Hammock Road and the six.-lanirig of Collier Boulevard. The six-laning of
Rattlesnake Hammock Road' from Polly Avenue to Collier Boulevard,is scheduled for
'construction in FY. 2005 and the six-laning of Colli'er Boulevard is, scheduled for
construction in FY 2006..
, '
, In a,ddition, thec,?D.structioli of the Santa Barb,ara Boulevard Extension as a 4-1ane facility .
from Davis Boulevard to Rattlesnake Hammock Road will help relieve traffic congestion on
Collier Boulevard north of Rattlesnake Hammock Road. The Santa Barbara Boulevard
Extension is scheduled for construction in FY 2007.
4
.{.
Agenda Item No. 8F
June 6, 200~
Page 125 of246
.[Q)~~[Pu
IV. Proiect Characteristics
A. ITE Trip Generation
Consistent with the Couilty's TIS guidelines, all trip generation estimates are based on ITE
Trip Generation (7th Edition), the ITE Trip Generation Handbook. and contemporary trip
generatio'n methodologies. The resultant trip generation estimates are reported in Exlnbit 6a
~d 6b for AlVf and PM peak hours, respectively. .
The small clubhouse was considered to be an ancillary Use. For this reason, ~e low volume
trips to .and from the clubhouse were considered internal trips. However, to be conservative,
it was assumed that the clubhouse would not significantly reduce the Proj ect' s external trips.
B. Distribution and Assi~lmient ofProiect Traffic
As indicated in the methodology outline (Appendix A), the distribution and assignment of
Proj ect traffic in 20 1 0 was estiInated Using the adopted Collier County travel model. A year.
20.10 travel model assignment was run with the proposed Project on. the existing plus
committed (E+C) roadway network. .
The ITE trip generation estimates were i,nput as a special generator in the ZDAT A3 file in
new T AZ 420, which represented the Project at it's proposed location. Select zone analysis
was then used to identify the Project traffic and determine the distribution and assignment of
Proj ect traffic on various road segments.
V. Backuound Traffic Projections
A. Year 2010. Travel Model Assi~ent.. .
. .
. . With the relatively short buildout for this ProjeCt, consideration was given to using historic
traffic growth trends to project background traffic to. the year 2007. This was. not done, .
however, because of the diversionary affects of the Santa Barbara Boulevard Extension and
other committed road improvements. Once constructed, the Santa Barbara Boulevard
. Extension will alter travel patterns in the area and divert traffic off of Collier Boulevard north
of Rattlesnake Hammock Road.. . .
This isslie was discussed during the methodology meeting for the previous traffic study. It
was decided at that time that better results could be achieved using the adopted Collier
County travel model.. .
For this reason, future year traffic volumes were derived from a 2010 travel model
assignment on the E+C roadway network. Year 2010 zonaVland use data was. d~veloped by
5.
(1 o;f
. .. .
. Agenda Item No. 8F
June 6. 2006
~age. 126 of 246.
[QJ [R1.~ [p...lr.
interpolating the ZDATA files provided by the Collier County :MPO.
B. Other Developments in the Area
. . In gene~al, the County~s land use projections were considered an adequate representation of
future growth in the area. However, to be conservative, thetravelmodelprcijections for20l0
were adjusted to account for the proposed Collier Regional Medical Center.
This proposed 1 OO-bed facility will be located on the east side of Collier Boulevard, a short
distance to the north of the Project. It is anticipated that the Project will provide near-by
housing for the Medical Center' s workforce~ thus reducing work trip lengths for- Some of the
Medical Center's employees. .
. the trip g~neration of the Medical Center was obtained from the County provided Collier
Regional Medical Center Site Development Plan Traffic Impact Statement and dated April
2005. These trip generation estimates were input as a special generator in the.ZDATA3 file
in new TAZ 419, which represented the Medical Center at its proposed location.
The traffic volumes at the Collier BoulevardJ AmitY Road intersection were also adjusted to
account for the traffic gener~ted by the eleven single-family homes that will continue to
access Collier Boulevard via Aniity Road, but are not part of the proposed development.
. .
. .
VI. Future 2010 Traffic Conditions on a-Road Se~mentBasis
A. Future.201C Traffic Conditions without the Proiect.
A 20 ~ 0 travel model aSsignment was run for 2010 future conditions without the Proj ect As
explained ahove, the travel model proj ections included the proposed Collier Regional
Medical Center just:northofthe Project.
. .
Exhibit.7 provides fu~e traffic conditio~s, on a road segment :baSis, for 20.10 peak hour,
peak seasqn conditions. ~thout the ;Project. The peakhour, peak season volumes were
cOIJ?-p~ed to the capacity as.reported in the curren1(2004) AUIR.
As shown in Exhibit 7, all road segments are expected to operate at a vie ratio less than 1.0
(volumes less than capacity).
B. Future 2010 Traffic Conditions with the Proiect
A 2010 travel model assignment was then rUn for 2010 future conditions with the Proj ect.
Exhibit 8 provj.des future trafPc conditions~ on a road segment basis, for 2010 peak hour,
peak season conditions with the Project. .
6
Agenda It~m No. 8F
June 6, 200a
[Q) ~.9~2~fi .
. .
As shown in Exhibit 8, all road segments are expected to operate at. a 'v/c ratiQ l~ss than 1.0
(volume less than capacity). The Project does not have a significant and adverse impact on
any of the study area roadway segments. .
, .
VII.' Futur'e 2010 Traffic Condition'S at Intersections Under Study
A. . Intersection Volume Proiections for 2010 with the Proiect
, Future 2010 intersection volumes with the Project were estimated based prima,rily on the
20 I 0 travel model assignnient. and Exhibit 8, which provided the peak hoUr control totals for
the approaches to each intersection. When developing the projected turning movements,
existing turning movement counts were considered for comparison purposes. However,
, consideration was also given to the fact that traffic patterns in the area will be altered by the
Santa BarbaraBo,ulevard Extepsion south to Rattlesnake Hammoqk.Road., as refleCted in the
travel model assigriment. ' ..... ' .'..-
The resultant intersection tum.iD.g volumes at the intersections. under study, are sho\VIl in
Exhibit 9. The relativelyheavynorthbound left t:Ums and eastbound right turns at the Collier
, BoulevardlRattlesnake Hammock Road intersection reflect the impact of the SantaBarbara
Boulevard Extension.
,B. Future 2010 Intersection Conditions with the'project'
AM: and PM peak hour intersection capacity analyses were conducted ~t the intersections
unde~ study using MCTRANS Highway Capacity Software (RCS) Release 4.1 e. The HCS
worksheets are included in Appendix C, and the result~ dfthe intersection capacity an.alyses
are shown in Exhibit 10.
. .
. .
With the committed roadway and intersection impr9vements, plus other relatively minor
intersection improvements, all of these intersections are expected to 'operate at or better than
the adopted LOS standards in 2010.' ..
The-recommended improvements, coincident with the Project buildout are sUmmarized in
Exhibit 11. As sho\VIl in Exhibit 11, it is recommended that a signal be installed attlie
Collier Boulevard/Grand Lely Drive intersection, if and when warraIited., and that signal.
timings be changed at the other mtersections to reflect the different traffic conditions in 20 10.
In addition, it is recommended that northbound dual left-turn lanes be constructed at the
Collier BoulevardfRattlesnake Hammock Road intersection.
. The County staffhas indicated that the median opeiJing at the Collier Boulevard! Amity Road
intersection will be converted to a dll-ectional median opening. This is ref1~cted in the
analysis. "
7
" .
.: ...
Agenda Item No. 8F
June 6, 2006
, Page 128 of 246
: lQ) [R1.~~ 11
A review of the County's turn lane requirements indica.tes that a northbound right-turn lane
and southbound left:..tum lane will be required at Ainity Road. which serves as the Project's
'entrance orito Collier Boulevard. This is reflected in Exhibit 11.
'c. Turn Lane St()rage Length Calculations at Proiect Entrance
As identified in the methodology outline. the storage lengths for turn lanes at the Collier
Boulevard/Amity Ro'~ intersection have been calculated. The storage lengths are provided
in Exhibit 12. The longest length (i.e. AM vs. PM) should be uSed for design purposes.
VITI. Traffic Miti~ation Plan
The Rockedge RPUD will fully mitigate it's traffic impacts through the paYment of road
impact fees. Under the current Collier County road impact fee schedule, the proj ect woulq
contribute approximately $1.492,400 in road impact 'fees through buildout of the
d.evelopment. '
, ,
' ,
These funds can be used to make whatever roaq.way or intersection. improvements are found
to be neces~ary.With extensive roadwaya:nd, intersectio~ improvements scheduled for
constrnction during the next five years, the County should monitor traffic conditions in the
area and apply this Project's impact fees to address any further improv~ments that may be
needed. ' .
. Of course, 1;he Applicant will.also provide site-related improvements on site and at the
Project's 'entrance at the Collier Boulevard/Amity Road intersection;
IX..En~ineerbi~ Evahiations
A. Sign'a! Warrant RevIew
Once Collier Boulevard is widened to six lanes, it is anticipated that the Collier
Boulevard/Amity Road intersection will be .limited to a directional median opening.
, Therefore, signalization is not being prop'osed at this location.
B. Signal Progression Analvsis of Collier Boulevard'
If there is no signal at Collier Boulevard/Amity Road intersection,there will not be any
imp~cts on Signal Progression on Collier Boulevard. '
C.' Accident History on Collier Boulevard
DP A has reviewed historic acCident data for Collier Boulevard intersections near the Project,
8
"
Agenda Item No. 8F
June 6, 200B-
[QJ~p~ 1F ~46
~ I
as part of the previous traffic study. HiStoric accident data for the s~dyarea intersecti~ns
was obtained from the Collier County Tralisportation Operations Departm'ent. These data
covered the period form 2002 to 2003..
, ,
Based on these data, accident rates were computed for the iIltersections in the vic~ty of the
Proj ect and presented in E;xhibit 13. The accident rate is defined as the number 0 f accidents
per Inillion entering vehicles (MEV's) for intersections and per million' vehicles miles
(MVM's) for roadway segments. 'The MEV's are denved using averag~ annual daily traffic
(AADT). . Typically, intersections with accident rates of 2.0 and greater warrant further
evaluation to determine appropriate remedial safety measures.
, .
Both the Collier BoulevardlRattlesnake Hammock Road and Collier BoulevardlUS 41
intersections have historic accident rates above 2.0. However, the Collier BoulevardlUS 41
intersection will soon be exp.anded as part of the six-laning ofCo~er Boulev?I'd from Davis
Boulevard to US 41, and the Collier BowevardlRattlesnake Hammockroad intersection will
soon b~ expanded as' part of the six-laning of Rattlesnake Hammock Road ~d the six-ianing
.. . of Collier Boulevard. The expansi<;>n and improvement of these intersections should r~u.ce
the accident rates at these locations. Therefore, the accident rates should be monitored after .
. the completion of these intersections improvements to determine if further iinprovements are
needed..' '"
D. Sign Distances at Project Entrance
. The sight distances for vehicles turIring onto or off of Amity Road, which serves as the
Proj eot' s entrance onto Collier Boulevard, should be adequate. . The canal on the east side of
Collier Boulevard should i,mprove sign distances and limit the possibility that, sight distance
obstructions will occur.
9
,,-.
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~.
~
~
~
~
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o
Agenda Item No. 8F
June 6, 2006
Page 130 of 246
,,,.
VANOERBILT
SE:l.CH fW
GOLDEN GATt; BLVD.
~~
~
~
GREEN ~
BLVD. ~
c.R. 8B8
C.R. 856
1-75
. ' ~
'-'
III
f5
~
~ PROIECT LOCATION
.. tI
ROCKEOGE RPUD REZONING
TRAFFIC IMPACT STATEMENT.
PROJECT LOCATION
~
!
I
-'.2'.&
05672/01,6./090
1
..
CoR. 644
VANDElUIm
~CJ{ RD
s
~
=
GOLDEN GA.TE BLVD.
:!ii .
~~
...
10
ClI
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~
C.R. 8SC!
\
~ PROJECT
e
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@i3.
ROCK EDGE RPUD' REZONING
, TRAFFIC, IMPACT STATEMENT
EXISTING' ROAD
NETWORK
Agenda Item No. 8F
, June 6, 2006
Page 131 of 246
i
/IIli
I
N.T.S.
I
,
. 1- n
LEGEND
EXISTING RoADWAY
2 .u.NJ:S
"LANES
. IS LANES
INTERCHANGE
o EXISTING
05672./02A/090S
2
)
"
Agenda Item No. 8F
June 6, 2006
. Page 132 of 246
,.,
-,.
EXHIBIT 3
ROCKEDGE Rf'UD REZONING #05672
EXISTING (2004) TRAFFIC CONDITIONS
DIRECTIONAL PEAK H~UR, PEAK SEASON
ROADWAY
FROM
TO
(1 )
#.of
Lanes
. (2)
LOS
Std
(3)
2004
Counted
Dir. .
Volume
(4)
SERVICE
VOLUME LOS
@
STD vIe LOS
====================== .==========.======== ====--==::::==========- =======. c:====n ======== ==~======= ====1 =====1
CR 951 . Davis Blvd. Rattlesnake Ham. Rd. 4LD D 1,770 2 370 -0.75 C
Rattlesnake Ham. Rd. Lely Cultural Dt. 4LD D 1,580 2 380 0.66 .c
Lelv Cultural Dr. ProJect Entrance 4LD D 1.580 2,360. 0.66 C
Proiect Entrance Grand Lely Dr. 4LD D 1,580 2360 0.66 C
Grand Lelv Dr. US41 . 4LD D 1580 2.380 0.66 c
RATTLESNAKE HAM. RD. US41 Countv Barn Rd. 4LD D 1,180 1.940 0.61 B
County Barn Rd. . 0
Polly Ave. 4LD : 820 2.340 0.35 B
Pollv Ave. CR 951 2lU D 580 840. 0.69 E
=;:=====?========= =--=========== ===========-===== =======: ====== ====-==- ::::==--====- ======1. ===:;=r
FOOTNOTES:
(1) ~lslingnumber of lanes.
(2) LOS standard based on the Collier County 2004 AUIR. ..
(3) 2004 Counted Dally Volume from Collier County 2004 ALlIR.
(4) Service volumes. for all facilities in Collier County based on the C~lIIer County 20~4 AUIR.
~O/04/2005
EXISTtNG.WK4
.
:
~
r-.
~l
.......
~ iO .
. r-. 1"1 .
I"'l ...
458(551) !J!I ~
RATltESNAKE -HAMt.40CK ROAD
. 469(632) 290(323) I.
. 3(3)
176(306)
.~
~
'lQ
il
,...
479(515)' .
Lay Cll.TURAL' PAAKWAY
......
.;
'. ~1.
. 01 .
...
.......0'
.N ,.,..
itl
201(116)
1 40(92)1
61~
-
....
III
o
~~
LEGEND
XX AM PEAK HOUR
(XX) PM PEAK HOUR
~
~I
;g
,...
125(74)
GRANO laY DRIVE
95(82) .
......
~...'l ~ I ~
~ !L
76(59) ,.
0(1)
19(22)' I
-;:-\. .
%.
13
...
ROCKEDGE RPUD REZONING
TRAFFIC IMPACT'STATEMENT
-
.~
(l)
~I
. I..ili)
~.
r
~!I{
'0 t:: ~
N !:::
...
- - .
-.t
N.
i-\
gJ
...
~
~1
N.
....
-
...
III
~~
g ...
14(2)
9(3)
r--
- .
!t*1
...
C'II-
... !I
N
.....
I 83(30)
~
50(8)
r--
~HI{
NIll._.
...... 0 -
!\ ...
a::I
o
~
5~
N.l1lY ROAD
Agenda Item No. 8F
JUlle 6, 2006
. Page 133 of 246
13(5)
4~
1 34(80)
34(61)
EXISTING (2005) PEAK
HOUR TRAFFIC VOLUMES
.+
N.T.S.
05672/04A!0905
4'
j
0__,
EXHIBIT 5
SCHEDULED ROADWAY IMPROVEMENTS(1)
Roadway From To
Improvement Schedule
--------------------- ------------ ----------------------
--------------------- . ------------ ----------------------
========= ======
Collier Boulevard Davis Road US41 Widen 10 6 lanes FY06
(CR 951)
Rattle Snake Hammock Road Polly Avenue Collier Boulevard Widen 10 6 lanes FY 05/UC
County Barn Road Davis Road Rallle Snake Hammock Road Widen 10 4 fanes FY 05 I UC
Santa Barbara Boulevard Green Boulevard Davis Boulevard Widen to 6 lanes FY06
Santa Barbara Boulevard. Davis Road Raltle Snake Hammock Road Construcl 4 lanes FY07
===================== ----------- ---------------------- ----------- --------
--------- ---------------------- ------- ------
.~
(1) From Collier County Transporlalion Five Year Work Program, FY 200512006 - 200912010.
#05672, Improvements
Agenda Item No. 8F
June 6, 2006
Page 134 of 246
1 01312005
P'
Agenda Item No. 8F
June 6, 2006
Page 135 of 246
EXHIBIT 6a
ROCKEDGE ~PUD REZONING #05672
ITE. TRIP GENERATION ESTIMATES
BUILDOUT (201 0)
AM PEAKHOUR & DAlLY PEAK SEASON
(1)
AM PEAK
ITE. ADJ. (1)
'. ~~~=~:;__============== ~=~:~ ===_~~ ==~~~~ ====-=__~~~ TYP;':~TO=====~ =_~~ =~~ : === ~____ ~~~:~ ==
SINGLE-FAMIL Y-DETACHED21 ~
MULTIFAMILY/SF-ATTACHED 230
0 D.U. TOTAL 0 0 0
INTERNAL CLUB FACILITY 0% 0 (). 0
. EXTERNAL 0 0 0
PASS-BY 0% 0 0 0
NET NEW 0 0 0
400 .D.U.. TOTAL 27 130. 157
INTERNAl CLUB FACILITY 0% 0 0 0
EXTERNAL 27 130 157
flASS-BY 0% 0 0 0
NET NEW 27 130 157
o
o
o
o
o
2.085
o
2.085
o
2,085.
CLUB FACILITY 495 1,000 Sq.Fl SUB-TOTAL 0 0 0
(ANCILLARY) INTERNAL CLUB FACIUlY 0% 0 0 0 0%
EXTERNAL 0 0 o.
. PASS.BY 0% . 0 0 0
NET NEW 0 0 0
o
o
o
o
o
TOTAL
TOTAL
INTERNAL CLUB FAC1UTY
EXTERNAL
PASS-BY
NET Nay
0%
27
o
27
o
.27.
1.7.2%
130
o
130
o
130.
82.8%
157
o
157
o
157
7.5%
.2,085
o
2,085
o
2,085
Peak Hour Directional Split/Peak-to-Dany Ratio
~--_.-
FOOTNOTES:
(1) Based on ITE, Trip Generation (7lt:J Edition).
10/04/2005
ITETGEN-am.WK4
EXHIBIT 6b
ROCKEDGE RPUD REZONING #05672
ITE TRIP GENERATION ESTIMATES
BUILDOUT (201 0)
PM PEAK HOUR & DAILY PEAK SEASON
LAND USE
ITE
(LUC)
size UNIT
==================== ==:=:= "=======a ======= -==-===========_==_ ==11:=== 1:1I.=:=_ ====== ~=_: I ====== ============= ==
(1)
DAILY
SINGLE-fAMILY.DETAcHED , 210
MUL TIFAMILY/SF-ATTACHED
23Q
. ADJ.,
TRIP TYPE FACTOR
D.U. TOTAL 0
INTERNAl CLUB FAClLlTY Oo/a 0
EXTERNAL 0
PASS-BY' 0% 0
NET NEW 0
b.u. TOTAL' 126
INTERNAl CLUB FACILiTY .9% 0
EXTERNAl 126
PASS-BY 0% 0
NET NEW 126
o
400
1,000' Sq.Ft SU~TOTAL
INTERNAL CLUB FACIUTY 0%
EXTERNAL
PASS-BY 0%
NET NEW '
CLUB FACILITY
(ANCILLARY)
495
TOTAL
Peak Hour Directional SpRtlPeak-to-Dally Ratio
. F:OOTNOTES=
, (1) Based on ITE, Trip Generation (7th 'Edltlon):
10/0412005
TOTAL
INTERNAL CLUB FACIUTY
EXTERNAL
PASS-BY
NET NEW
O.~
126
o
126
o
,126
66.9%
Agenda Item No. 8F
June 6, 200e ·
Page 136 of 246
. .~ ~..."",,: ..... .
(1)
PM PEAK
IN
OUT TOTAL.
o
o
o
o
o
0 0
0 0
0 0
0 0
0 0
62 188
0 0
62. 188
0 0
62 188
0 0
0 0 0%
0 0
0 0
0 0
62
o
62
o
62
. 32.9o/L
. 188
11
188
. 0
188
9.0%
o
o
o
o
Q
2,085
o
2,085
o
2,085
o
o
o
o
o
2,085
o
2,085
o
2,085
lTETG.EN.WK4
Agenda Item No. 8F
June 6, 2006.
Page 137 of 246
!XHI81T 7
\OCKEDGE RPUD REZONING 1015872
'IJruRE 12010) TRAFAC CONDITIONS WITHOUT PROJECT
)IRECTIOHAL PEAK HOUR (IUS), PEAK SEASON
BACKGROUND TRAFFIC PROJECT TRAFAC TOTAl. TRAFFIC (2),
[5) 5ElMCE
(1) [3) (4) PSWDTI (5) IIacIqjnd Wgruund (4) T_ay .lliml;IimlL fd1lI: "VOI.UME LOS
'''' LOS FSUTMS IIacIqjnd I'KJT K250 Peak Hr or. FSUTIlIS Peak Hr aJlIIl llliwDlI Cll .:ur... ~.
1000WAY FROM TO LanoI Std PSWDT TIII/lic Ff!dOr MDT Feclor V..... NE SW PSWOT v_ IE SW NE. SW BTD NE SW NE SW
-------- ---- -- ----
R151 00...8.... Ro_ Ham. Rd. 6LD E 46631 45631 1.136 41000 0.097 31180 2.3llII 1572 0 0 0 0 2.""" an 3270 0.71 0.l51 No Ho
RBus.nau f-Wn ReI. l.oIYc.......OI. 5LD E 570851 57.851 1.136 15O IlOO 0.097 4~0 2.ae5 2.075 0 0 0 0 2.ae5 2.075 3330 0.116 0.112 No No
I ... CUlllnI 01. 1.........- 6LD E 158M7 158M7 1.1341 40JlOO 0.097 4.... 2""7 2033 0 0 0 0 2JlO7 2.033 3.330 0.114 0.81 No No
I_EnIIanc:e GIond L'" 01. 8LD E 56 647 56 647 1.136 4UOIl 0.007 4"" 2.807 2033 0 0 0 0 2.807 2.033 3.330 0.114 0.81 No No
Gt8nd l.oIY.... U541 61.0 E 43 809 43 809 1.136 36 400 0.007 372D 2.188 11582 0 0 0 0 2.1S8 1.l5fl.l 3"-'" 0.85 0.47 No No
'mESNAXE HAM. RO. 1IS41 """""'......Rd. 4LD 0 31105 31105 1.136 27 400 0.097 '8110 1""3 1117 0 0 0 0 1.543 1117 1.ll4ll 0.80 0.58 No No
""""'" Barn Rd. Sanaa Bilmar. Ex1 4LD D 18_ 184113 1.136 14500 0.087 1410 818 892 0 0 0 0 818 6112 ? "'0 0.35 0.25 No No
SInIa e.banI ExL CR"" oLD D 211.070 2lI 070 1.136 22 IlOO 0.097 ?>?n 1'88 lI32 0 0 0 0 I.... 832 , 7lID O.lIG 0.33 Ho No
009
-- ----------- ---- -- -- ----
lOTNOTES:
, ExlolOlgpluo_ruriIorrl_
, SoMci _"'ai_in c-.eoun.,_ on'" CdIor CculIy 201M AUIR.
. LO$ _ _...... c-.C<uIIy2lXMAIJIR.
Peak seaon AIle diAIIuIkln and aaaignnwd baHd CI'1 ~SUTNS nv.I mDl ~
PSADrJMl>T__...~ ""'""'r__.....co.-..
1q2:;O'_ond~__~CouMy_llon.
11I2OO5
LOSI~WK4
Agenda Item No. 8F
June 6, 2006
Page 138 of 246
EXHIBIT .
ROCKEDGE RPUD REZONING iIOH!Z
FUTURE 120101 TRAFFIC CONDITIONS WITH PROJiCT
DIRECTIONAL PiAl< HOUR lK2iDI. PiAl( SiMON
ROADWAY
TO
(5) Bockgnd IIoclcoround
K251l Poak HI DIt.
MDT Foetor Vdumo Ne SW
141_oy JlilIcIiIDoL ,
FBUll>ISPa. HI lllIlIl
PSWDTV..... Ne sw
e.at.I:lI:.
lllIIIIDI.
. Ne sw
SEIM""
VOlUMe
o
, STD
LOS
JIJii...~
NE 'sw HE SW
,fmiIlol
I.IlIfIIo
ALlIiial
~
NE SW
.slIIIIl
"
/lOll(
loulal:l
c.a
NE SW
FROM
BACKGROUND lRAFFIC
(5)
(II (3) (4) PSWDll
a 01 LOS FSUTMS 5oc1lgnd MDT
...... Sid PSWDT TiatrlCFodar
PROJECTlRAFFIC r~1C
(2J
-- -------- ----
---- ---'-
au.. o.v.. 1M! ~........... Rd. 8lD E 45142 48 072 1.138 40 BOO 0.081 3.1140 2021lS 1.855 .,. 110 '20 40 2.3OlS 1.8119 3.210 0.10 0.52 I... No 0.11" 1.23"
..._~"" '.....".......,"'. ' lll.D e a9 t35 57_ 1.136 50 100 0.091 4Jl20 21154 '.oee '415 134 44 .. 2.805 12.156 3.330 0.57 0.1lS No No 1.33" 2-8l1'l1
L.ef.. CUlInl Cr. i............... 8lD E 58017 56"'28 1.138 49 700 0.1I!I7 4.820 I '.1118 '0'" IlIA. 143 47 116 2.lI43 12.20 3.330 0.15 0.84 No No .4"" ,;....
1----' 1_........ Gtond ..... "'. 8lD E 56.1115 56.518 1.138 49_ 0,0117 4.83l '.801 2.0211 :13. 31 20 10 2.822 12JI39 . 3.33l 0.11I 0.5t No No 0.81" 0.30"
I- "'"""....'" us., 6LD E 43728 43.A70 1138 3U" o.ot7 31:20 '.15/1 1.... ... 23 18 8 173 1.57Cl 3.330 o.e5 0.41 No Ho 0.41" 0.2;3
AAn. .""",......m UUl Ir___"" 4 D 31138 3O.nl 1.138 27100 0.081 '1130 ,.... 105 4D7 31 26 12 1.51iCl 1111 1.840 0.10 0.58 No No 1.2811 0.82%
1,,_- 81m Ad. s.n&I In_ Ext... 4LD D 16M8 16160 1.135 14..200 0.0117 1.380 800 5IlO ... 40 %7 13 ll27 593 U40 0.35 D.25 No No 1.15" 0.5711
2Ul0 23.200 ' 2.260 1.305 .
_.-ExL eRoo, 8lD 0 27104 1.138 O.Oll7 1145 714 7' 48 24 1.35S - 2.7llO OM D.35 No No 1.1 t" 0.8811
....
--------- ---- -- - ---- ----
FOOTNOTES:
(1)............._-",-
(2) SeMce ~ lor..,....... CoIerCCultf beMcI on Ihe ~ CculI)' 2004 AlJIR.
(3) LOS ._.. _...... CoIIlI'CounIy_ AUIR.
(4) .... HrUGn ..1IIcl.......... ,111II....,..,. blHcI an FS~M$...... model UIIgnmInL
(5) P'SADTJANJrladcr baNd CIl'1 2OD4 ACII1cM TrWk InIormeIlon co-Ram.
(6' Kl2l1O)...... ...-_.....~CounIy-
(7) ~bnlln1*llnlhold II 3% meR lICi'IramDIYII" tollS ~1_on ~~~-InlntPoly""""" to CRill' ~... ~ ..~_.......
_... -rltlJMl1l.\lnIIcanIIr, IU ...-"Onp_ bylba PIIljacI.
. _ ._......._r..........._"".._
.........
LDSt~WJW
~
.
......
;1 ~
~ i
.- ~
~~ ""'"'
, ..,.,... ,..,
t:!. N OJ
74-8(513) "EJ ~ L
528(8'27)
253(304) l
210(424)
65(99)
~,
c
. ~
~5
~i.
~ ll:
o
~
In
LEGEND
XX AM PEAK HOUR
,(XX) PM PEAK HOUR
Z'
o
~ ~'
c ';::)1
~ ~,
::J
o
olD
I 576(752)
455(174)
I 192(42)'
~ ~1~r
~I . ~t
~ ~.*
;.-.,
II
,..,
1Z24(969)
RATTLESNAKE HAMMOCK ROAD
861 (1353)
480(51 B)
LELY CULT\JRAL PARKWAY
304(.323)
177(91 )
GRAND lElY DRIVE
14.1 (155)'
ROCKEDGE RPUD 'REZONING
TRAFFIC IMPACT STATEMENT
CO'
,,..,
-to
!\
......
~~
,.., .-
.~~IL
213(391) I
4{7}
644(955)
~
':g ,
~l
......N
Nco..-...
,.., ,... co
..,. ltl ..,.
-'-I~-
oCQ" ,...
.!J ~-:.1 '
167Q.!.Qj
J~
134{209(
. .......
~
o
N
c0-
N
IX)
-' ,
~ .......... 'CQ'
~IL
......
-
P')
~I"
o
N
......
:8
,]]
......
-
-
~I~
:3 ~L
-
Agenda Item, No. 8F
June 6, 2006
Page 139 of ,246
N'
co
~~ '
~
-
~,
~
~,
1143(67) ,
iii
go
ll:
"
'~~l.~
il). fCi ::.
, ,...
......-
P')
il
,...
.-
~
~
.~. !\ F 16(20)
-:;-~
". 0
g ~
.......
CJl
all
lD
~\
~04)
-9iQL
I 57(120) 106(224)
(PROJECT ENTRANCE)
Q !l ~ r ~O(190)
~] ~I ~ gt
r:::-' OJ IX)
,.., :!
-,
co
~
~l
lD
.-
113(92) I
1(2)
27(61) I
r;:-
eo
~l
en
.-
~(45)
...Q(QL
" 70(14)
~Il~
~ :;- i2\
N: ~
il .-
10
....
N.T.S.
1M1ll.
143(67)
AMITY ROAD
(PROJE<?T ,~CE)
31 (1.35) ,
201(59)
52(76)
05672/0SA/0905
F0TURE (2007) PEAK
HOUR TRAFFIC VOLUMES
9 )
Agenda Item No. 8F .
June 6, 2006
Page 140 of 246
EXHIBIT 10
2010 INTERSECTION CAPACITY ANALYSIS
(2) (3)
Existing 2010 With Project 2010 With Project
Without Improvements With Improvements
AM PM AM PM . AM PM
Collier Blvd./Rattlesnake Hammock Rd. D D F F C D
Collier Blvd./Lely Cultural Boulevard C B. . D F. D C
Collier Blvd./Project Entrance B1F(1) . .BIFII) B/Cll) BID II) - -
Collier BlvdJGrand Lely Drive. CfFll) BIFII) CfFll) FIFII) D D
Rattlesnake Hammock RdJSt. Andrews Blvd) . N/A N/A F F D D!
Santa Barbara Boulevard Extension .
(1) Unsignalized Intersection. Major street/minor street left-turn LOS reported.
(2) Includes only co~itted improvementS.
(3) Includes cOmrn!tted improvements plus other needed improvements.
, .
~'. ....
Agenda Item No. 8F
June 6, 2006
Page 141 of 246
EXHIBIT 11
2010 ROADWAY AND INTERSECTIONIMPRO~MENTS
WITH ROCKEJ)GE RPUD REZONING
Roadway Improvement
. . None Needed
:
Intersection Improvement
Collier Blvd.lRattlesnake Hammock Rd. Add NB Dual lift lane
.'
RetlmE! signal
Collier Btvd./Lely Cultural BOlflevard Add EB right-turn lane
Retime signal
Collier Blvd.lProject entrance Add NB right-turn lane .
.Add SB left-.tum lane
Collier Blvd.lGrand LeZy Drive . , ' Sigiuzlize, if and when warranied
Rattlesnake Hammock Rd.!St. Andrews Blvd.! Add NB left-turn lane
Santa Barbara Boulevard Extension, Retime signal
InDut Parameters
Intersection:
Scen~rio: .
EXHIBIT 12
TURN LANE STORAGE CALCULATIONS
. UNSIGNAUZEO INTERSECTION
COLUER BOULEVARD/AMITY ROAD (PROJECT ENTRANCE)
Collier blvd. f Amlt
2010 Peak Hour
AM
EB Left-Turn vph: . V2
EB Right-Turn vph: va
WB Left-Turn vph: V4 .
WB Right-Tum vph: V10
NB Left-Turn vph: 'VB
NB Right-Turn vph: Vii
. SB Left-Turri vph: V8
sa Right-!um vph: V12
PM
EB Left-Turn vph:
EB Right-Turn vph:.
WB Left-Turn vph:.'
WB Right-Turn vph:
NB Left-Turn vph:
NB Right-Turn vph:'
SB Left-Turn vph:
sa Right-Turn vph:
Footnotes:
NfA
NfA
NJA
143
.. NJA
11
20
NlA
V2
V9
V4
V10
V6
Vii
VB
V12
N1A
NfA
N/A
67
NlA
39
96
N/A
(I)
Storage Length
~
(feet)
NJA
NJA
N/A
119
NJA
9
17
NJA
NJA
NfA
NIA
56
NJA
33
80
NIA
(1) Storage Length = 2'(25/60)"V
(2) The reconunended storage lengths are rounded up to the nearest 25 ft..
Storage lengths do not include deceleration length and tapl!lr.
. .
Source: Manual of Uniform Standards For Design,
Construction and Maintenance For Streets. and Highways, State of Flonda.
(2)
Recommended
~
(felt)
NJA
N/A
NfA
125
N/A
50
50
NfA ".
N1A
N/A
N/A
76
NJA
50
100
NIA
. Agenda Item No. 8F
June 6, 2006
Page 142 of 246
I . .
".
Agen.da Item No. 8F
. : June 6, 2006
Page 143 of 246
EXHIBIT 13
. ACCIDENT RECORD SUMMARY (2002' - 2003)
STUDY AREA INTERSECTIONS
Accidents , Average MEV/, Accident
Location '. Ivear MVM* Rate
02 03*
Cl~ 9.51 @ Rattle Snake 30 28 29 11.6 2.50
Hammock Road
CR 951@ LeIy Cultural 6 6 6 9.2 0.65
Pkwy.'
CR951 @ Amity Road' - - - 8.9 .N/A
/Project Entrance
CR 951 @ Grand Lely 2 - 1 8.9 0.11
Drive
CR 951 @ US 41 '53 42 48 ' 17.7 2.71
MEV: Million Entering Vehic1es
MVM: Million Vehiele Miles
. * Numbers of accidents are doubled for 6 months
Agenda Item No. 8F
June 6, 2006
Page 144 of 246
Item VLA.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF December 7,2005
I. NAME OF PETITIONERJPROJECT:
Petition No.:
Petition Name:
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
PUDZ-2003-AR-4991
"Rockedge RPUD"
Woodfield Builders, LLC
R W A Consulting, Inc.
Passarella and Associates, Inc.
II. LOCATION:
The site is located on the east side of Collier Boulevard (C.R.) 951, approximately
6 tenths of a mile south of intersection with Rattlesnake Hammock Road and has
access from Amity Road, in Section 23, Township 50 South, Range 26 East
III. DESCRIPTION OF SURROUNDING PROPERTIES:
The subject property is bordered by C.R. 951 (Collier Boulevard) to the west then
an undeveloped portion of Lely Resort PUD, developed single-family residential
parcels, John's Road then Travel Trailer and Recreational Vehicle Campground,
170-foot wide Florida Power and Light utility easement, undeveloped acreage for
the future Collier Regional Medical Center and undeveloped wood lands to the
north, developed residential and undeveloped parcels to the east , and nursery,
developed residential and undeveloped parcels and a 170-foot wide Florida Power
and Light utility easement to the south.
ZONING
DESCRIPTION
N-
Agricultural (A), Travel Trailer and
Recreational Vehicle Campgrounds
(TTR V), Collier Regional Medical Center
PUD
Developed single-
family residential
parcels, travel trailers
and recreational
Vehicles, 170-foot
FP&L easement,
undeveloped acreage
for the future Collier
Regional Medical
Center,
EAC Meeting
Agenda Item No. 8F
June 6, 2006
Page 145 of 246
Page 2 of8
S-
Agricultural (A)
nursery, single-family
residential,
undeveloped wooded
parcels and 170-foot
FP&L utility
easement
E-
Agricultural (A)
Undeveloped wooded
parcels and developed
single- family
residential parcels
w-
R.O.W. then Lely Resort PUD
C.R. 951 (Collier
Boulevard) then
undeveloped wooded
acreage of Lely
Resort
PUD,
IV. PROJECT DESCRIPTION:
The subject property consists of 76.46 acres and is located on the east side of
Collier Boulevard (C.R. 951), approximately six tenths of a mile south of
intersection with Rattlesnake Hammock Road. The property is designated Urban,
Mixed Use District, Urban Residential Fringe Subdistrict, as in the surrounding
land on the east side of Collier Boulevard. The existing lands uses on the site
include: unimproved roads and both disturbed and forested land. The PUD
Master Plan sets forth 25.32 acres of Preserve areas, including 21.86 acres of
wetland preserve and 3.46 acres of archeological preserve areas. The RPUD
property contains 65.54 acres of native vegetation. The LDC requires
preservation of 25% of the existing on site native Vegetation or a minimum of
16.39 acres. The PUD master plan indicates that 21.86 acres or 33% of the site is
labeled as Preserve and shall be placed into a conservation easement.
The Rockedge RPUD is a residential planned development, which will be
developed with up to 400 multi-family units. The maximum allowable gross
density is 5.23 dwelling units per acre. A minimum of 30 percent (111 units) of
the density generated from the 55 acre parcel which qualifies for the affordable
housing bonus are required to be sold to buyers earning 80% or less of Collier
County's median income, as calculated annually by the department of Housing
and Urban Development (HUD). This is an Affordable Housing Project and an
affordable Housing Density Bonus Agreement is a companion document to the
PUD document The amenities proposed to be provided in the project includes
EAC Meeting
Agenda Item No. 8F
June 6, 2006
Page 146 of 246
Page 3 of8
structures and areas to provide social and recreational space, lakes, natural and
landscaped open spaces, and a variety of passive and active recreational
opportunities. Access to the property will be from Collier Boulevard (C.R.R
951). In the vicinity of the project, both collier Boulevard and Rattlesnake
Hammock Road are scheduled to be widened to six lanes. These improvements
are funded in the current transportation Five-year Work Program. Each
residential unit will be served with centrally provided potable water, sanitary
sewer, electric power, and telephone.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is currently designated Urban (Urban - Mixed Use District,
Urban Residential Fringe Subdistrict) as identified on the Future Land Use Map
of the Growth Management Plan. Relevant to this petition, this Subdistrict
permits residential development (variety of unit types) at a base density of 1.5
units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one
dwelling unit per acre from land designated as Rural Fringe Mixed Use Sending
District, [or in the case of properties specifically identified, a density bonus of up
to 6.00 additional units per gross acre may be requested for projects providing
affordable housing (new language via a growth management plan amendment to
the FLUE and adopted by the BCC September 9, 2003)].
Pursuant to the amendment to the Future Land Use Element, Urban - Mixed Use
District, Urban Residential Fringe Subdistrict of the Growth Management Plan
that was adopted on September 9, 2003 the subject property is the specifically
identified property, making it eligible for the up to 6.00 additional units per gross
acre.
Base Density
Affordable housing bonus
Total Eligible Density
1.5 DU fa
6.0 DU fa
7.5 DU fa
Based upon the above analysis, staff concludes the proposed uses and density may
be found consistent with the FLUE.
Conservation & Coastal Manaf!ement Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards" .
EAC Meeting
Agenda Item No. 8F
June 6, 2006
Page 147 of 246
Page 4 of 8
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, storm water systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system".
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
lakes and possibly rehydrating wetlands as allowed by agency permits to provide
water quality retention and peak flow attenuation during storm events.
Policy 6.1.1 states that native vegetation shall be preserved on site through the
application of the following preservation and vegetation retention standards and
criteria: a minimum of 25% of the native vegetation present shall be preserved.
This project has exceeded that requirement by preserving over 21 acres of the
native vegetation existing on site that is the best quality and near off-site
preservation lands. Conservation easements prohibiting further development will
be required prior to SDP or PPL approval.
Policy 6.2.5 requires habitat management and exotic vegetation
removal/maintenance plans at the time of Site Development Plan/Construction
Plan submittal. Preserve areas shall be required to be maintained free of Category
I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council.
These plans will be required prior to SDP or PPL approval.
Jurisdictional wetlands have been identified as required III Policies 6.2.1 and
6.2.4.
A wildlife survey for listed species in accordance with Policy 7.1.2 is included in
the Environmental Impact Statement (EIS). Wildlife habitat management plans
for listed species, as needed, will be required prior to SDP or PPL approval.
VI. MAJOR ISSUES:
Stormwater Manaeement:
This entire site sits within the Henderson Creek Basin as shown on the Drainage
Atlas of Collier County, and, as such, has an allowable discharge of 0.15 cfs per
acre. The proposed stromwater management system for this site will consist of
interconnected lakes that provide water quality retention and peak flow
attenuation. The proposed control structure will discharge directly into the
Henderson Creek Canal.
EAC Meeting
Agenda Item No. 8F
June 6, 2006
Page 148 of 246
Page 5 of8
Environmental:
Site Description:
The existing land uses for the site include unimproved roads, a utility easement,
disturbed lands, single-family residences, and undeveloped, forested lands. The
adjacent land consist of a drainage canal and County Road 951 to the west,
undeveloped, forested lands to the east, a campground, undeveloped forested
land, and single-family residences to the north; and a nursery, undeveloped
forested land, and single-family residences to the south.
An aerial photograph with FLUCFCS mapping is included in the EIS as Exhibit C
and includes off-site habitats 200' from the property line. A vegetation and
wetlands map of the property is provided as Figure 2 in the EIS, and an acreage
breakdown of the habitat types, including native habitats, is provided in Table 1.
Figure 3 shows those areas designated as native habitat.
Wetlands:
Approximately 39.17 acres of SFWMD/Collier County jurisdictional wetlands
have been identified on site. The wetland lines were verified by SFWMD staff in
May 2003 and January 2004. The project as designed impacts 15.71 acres (40%)
of the wetlands on site.
Preservation Requirements:
The site currently supports approximately 65.54 acres of native vegetation.
Twenty five percent, or 16.39 acres, of native vegetation is required to be
preserved on site. This PUD provides 21.86 acres of native vegetation
preservation and an additional 3.46 acres of archeological preserves.
Listed Species:
Numerous listed plant and wildlife species surveys were conducted by Passarella
and Associates, Inc. Additional listed species observations were made during
vegetation mapping, wetland flagging, and nailing seasonal high water elevations.
The survey methodology and results are provided in Exhibit F of the EIS. A tri-
colored heron (Egretta tricolor) was observed during the listed species survey on
November 4, 2002. No other listed wildlife species were observed during the
listed species surveyor during vegetation mapping, wetland flagging, or nailing
seasonal high water elevations. Listed air plants were observed in the FLUCFCS
6] 6 E 1 areas of the site.
EAC Meeting
Agenda Item No. 8F
June 6.2006
Page 149 of 246
Page 6 of8
Prior to impacts to the 0.90::l= acre FLUCFCS 616 El wetland, a survey in this area
will be conducted by a qualified botanist for listed air plants and any found will
be relocated to wetland preserve areas on site.
This site is included in the Multi-Species/Ecosystem Recovery Implementation
Team (MERIT) primary zone and panther use has been documented in the area.
The MERIT subteam defined the Primary Zone as "all lands essential for the
survival of the Florida panther in the wild". Reduction of impacts and mitigation
for impacts to panther habitat will be determined by U.S. Fish & Wildlife
Service(USFWS) and Florida Fish & Wildlife Conservation Commission
(FFWCC) during wetland permitting. These permits and any mitigation will be
required prior to approval of construction plans.
VII. RECOMMENDA TIONS:
Staff recommends approval of PUDZ-2003-AR-4991, "Rockedge RPUD" with
the following conditions:
Stormwater Manae:ement:
Because of the presence of wetlands and the size of the site (>40 ac.), this project
will be required to submit to SFWMD for an Environmental Resource Permit
(ERP).
Environmental:
1. Re-hydration of wetlands on site will be in accordance with the SFWMD ERP
and U.S. Army Corps of Engineers permit.
2. Prior to impacts to the 0.90::l= acre FLUCFCS 616 El wetland, a survey in this
area will be conducted by a qualified botanist for listed air plants and any
found will be relocated to wetland preserve areas on site. Results of this
survey and relocation will be provided to Environmental Review staff at the
pre-construction meeting.
3. USFWS and FFWCC permits will be required prior to final approval of
construction plans.
EAC Meeting
Page 7 of8
PREPARED BY:
STAN CHRZANOWSKI, P.E.
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
SUSAN MASON
SENIOR ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SER VI CES DEP AR TMENT
MICHAEL J. DERUNTZ, C.F.M.
PRINCIP AL PLANNER
Agenda Item No. 8F
June 6, 2006
Page 150 of 246
DATE
DATE
DATE
EAC Meeting
Agenda Item No. 8F
June 6, 2006
Page 151 of 246
Page 8 of8
REVIEWED BY:
BARBARA S. BURGESON
PRINCIPAL ENVIRONMENTAL SPECIALIST
DATE
WILLIAM D. LORENZ, Jr., P.E.
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
DATE
STEVEN GRIFFIN
ASSIST ANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
APPROVED BY:
JOSEPH K. SCHMITT DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINI STRA TOR
. , ....
ROCKEDGEPUD
. COLLIER. COUNTY
ENVIRONMENTAL IMPACT STATEMENT.
. .
October 2003
ReVised Feb~ary. 200.4
Revised Se~tember 2004
Revised J~nuarY 2005
Revised September 2005 .
Pr.epared For.
RWA,,1nc. .
. 3050 N. Horseshoe Drive, Suite 270.
Naples. Florida 34104
(239) 649-1509
Prepared By:
Passarella and Associates, Inc.
9110 College Pointe Court
Fort Myers, Florida 33919.
(239) 274-0067
Agenda Item No. 8F
June 6, 2006
PE!ge 152 of 246 .
Project No. 02WBB820
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Exhibit A.
Exhibit B.
ExhibitC.
Exhibit D.
Agenda Item No. 8F
. June 6, 2006
. Page 153 of 246
L1ST OF EXHIBITS
. Pag:e
. "
Resumes........................... .............~...... ................... ......... ............ ....... ..:...... ...... .. A-I
Legal Description................,...................... ...................................... ............"... ,..... .B-1
Aerial Phot~graph with FLUCFCS Overlay ............:...........................~.................C-l
Soil Descriptions...... ......... ................ ...:.....:... ............ .....~.;..... ........... ~..:. ~.:.........;... D-l
Exhibit E. . WRAP Analysi's .....;................ .....:.......... .....:.... ..... ............. .... '........ ......:....... ........ E-1
Exblbit F.
. Exhibit G.
. .' .
Listed Plant and Wildlife Species SurVey.......:....................................................F-1
Correspondence .from the Florida Department of State ;......................................0-1
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INTRODUCTION
Agenda Item No. 8F...
. June 6, 2006
Page 154 of 246
This rep~rt represe~ts the Collier County Enviro~ental Impact Statement (ElS) for the Rockedge.
PUD project ThisEIS has been prepared hi accordance with Division 3.8 of the Collier County
Land Development Code (October 30, 1991, as amended February 19, 2004).
. .
3.8.S.1 APPLICANT INFORMATION
1.. . . Responsible'owner(s) .agent(s) who wrote the EIS and hislher education cindjob related
environmental. experience.. .
Ken Passarella and Elena Mandia, Passarella and ASsociates, Ine. ConsUlting Ecologists. A .
copy of Mr. Passarella and Ms. Mandia's resumes is enclosed as Exhibit A. .
2.
Owner(s) agent(s) name, address.
I:. . Description of proposed use.
.! Th~ proposed project is a fee simple ownership affordable housing complex.. Multi-farily
.. ownership is proposed. Approximately 400 units are proposed. .
Woodfield Builders, LLC
Brian Mansour, Mana~g Agent
6604 Ridgewood Avenue
Naples, FL 34108.
. 3.
Affidavit of proof-of authorized agent.
Proof o~ authorized agent is i.D.cluded as part of this application package.
. .
3.8.5.2 DEVELOPMENT AND SITE ALTERATION INFORMATION
2. Legal description oj site.
A copy of the legal description of the site is enclosed as Exhibit B
3.
. .
Location and address description. .
The Rockedge PUD project is located in Section 23, TQwnship SO South, Range 26 East,
Collier ~ounty. The property is located on the east sid~ of County Road 951 approximately
~ mile south from its intersection with Rattlesnake Hammock Road. .
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Agenda I~em No. 8F
June 6, 2006
Page "155 of 246
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"3.8.5.3 MAPPING AND SUPPORT GRAPIDCS
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1.
. Generallocatio7') map.
A project location map is provided as Figure 1.
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2. Native habitats and their boundaries shall be identified on an aerial photograph of the site
extending at least two hundred (200) feet outside the parcel boundary. This does not mean
the applicant is required to go: onto adjacent properti~s. Habitat identification will be
consistent with the Florida Department of TransPortation - Florida Land Use Cover and
Forms Classification Svstem and shall be depicted on an aerial photograph having a scale of
. one inch equal to at least 200 feet when available from the county, otherwise, a scale of at
least one inch equal to 400 feet is acceptable. Information obtained by groundtruthing
surveys shaUhave precedence over information presented through photographic evidence.
Vegetation mapping for the property was accompl~shed l.1:5ing 2000 Collier County rectified
aerial photographs and ground1Iuthing conducted in September 2002 and November 2003:
". The vegetation associations and land UseS were mapped utilizing the Florida Land Use.
Cover and Forms Classification Systein(FLUCFCS) Level ill and IV (Florida Department of
Transportation 1999). Level IV was used to denote exotic infestations, anthropogenic
. disturbances, and hydrological conditions.
. An aerial photograph with FLUCFCS mapping is enclosed as Exhibit C and includes off-site
habitats 200' from the property line; A vegetation and wetlandS map of the property is
provided as Figure 2, and an acreage breakdown of the habitat types, including native
" habitats, is provided in Table 1. Figure 3 shows those areas desiW?-atedas native habiUit
\ ' Table 1. . Existing Land Use and Cover Summary
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110 Residential, Low Densi
221 Citrus Grove
4159 E2 Pine, Disturbed 25-49% Exotics *
4241 Melaleuca, H dric
42619 E2 Tropical Hardwood "Hammock, Hydric,
Disturbed 25-49% Exotics '"
4269 El .. Tropical Hardwood, Disturbed (0-24% .. 0.08 0.1
Exotics *
4269 E2 Tropical Hardwood, Disturbed (25-49% 2.34 3.1
Exotics ...
4269 E"3 Tropical Hardwood, Disturbed (50-75% 0.22 OJ
Exotics *
4279 E2 Live Oak, Disturbed 25-49% Exotics * 2.02 2.6
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June 6,2006
. Page 156 of 246
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9110 CoUog. Point. Court, Fort JiIlf11'$, Florida 88919
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Agenda Item No. SF
June 6, 2006
Page 157 of 246
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HAlf'I\: HABITATS lW'.
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Agenda Item No. 8F
June 6, 2006
Page 158 of 246
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9110 CoU.g. Annl. Court, Fori J/yon, Florida SS919
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Table 1. (Continued)
Agend,a Item No. 8F
June;6. 2006
Page 159 of 246
42891 E2
4291 E2
4341 E1
4341 E2
4349 E2
616 .E 1
6245 E2
6249 E2
I;
6249 E3
,6309 El
6309 E2
64119 El
740
7401
.742
743
832
Cabba e Palm, Disturbed 0-24% Exotics '"
Cabbage Palm, Disturbed (25-49%
Exotics '"
Cabbage Palm, Disturbed, Hydric (25-49%
Exotics ...
Willow, Disturbed '25-49% Exotics '"
Hardwood-Conifer Mixed, Hydric (0-24%
Exotics ... '
Hardwood-Conifer Mixed, Hydric (25-49%
Exotics '"
Hardwood-Conifer Mixed, Disturbe.d (25~
49% Exotics '"
Po Ash 0-24% Exotics'" .
Pine/Cypress/Cabbage Palm, Drained {25-
49% Exotics'" '
Pine/Cypress/Cabbage Palm, DistUrbed (25-
49% Exotics'" ' .
Pine/Cypress/Cabbage Palm, Disturbed (50-
,75% Exotics '"
Wetland Forested, Mixed 0-24% Exotics ·
Wetland Forested, ,Mixed (25-49%
Exotics "'.
Freshwater Marsh (sawgrass), Disturbed (0-
24% Exotics ·
Disturbed Land"'.
Disturbed Land, H dric'" '" '"
Borrow Pond'" '" *
S oilN e etation Debris Piles
Electrical Power Transmission Line '
TOTALS
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7.31
9.6
4.48
0.41
5.9
0.5
1.04
1.4
12.04
. 15.7
1.68
1.96
2.2
2.6
7.86
10.3
4.56
6.0
1.94
6.07
2.5
7.9
0.67
0.9
4.64
0.34 .
0.91
0.11
1.34
, 76.46
6.1
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0.1
1.8
100,0
. · Denotes native habitat .
.. Only 2.17 acres of Disturbed Land (FLUCFCS Code 740) is considered native habitat as a result of
compliance enforcement .
u'" Considered native habitat per compliance enforcement
3. Topographic map showing upland, bathymetric contours and existing drainage patterns,
, if applicable. ,.
A topographic map is included as part of the PUD'application.
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; Agenda Item No. 8F
June 6, 2000"
Pag\Sl,160 of 246
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4. Existing land use of site and surrounding area.
, The existing land uses for'the. site include unimproved roads; a utility easement; disturbed '
lands; single-family residences; and undeveloped, forested lands (Figure 2). The adjacent
land uses or cover types consist of a drainage canal and Co.unty Road 951 to the west;
undeveloped, forested lands to. the east; a campground, undeveloped, forested land~ and
single-family residences to the north; and a nursery, Undeveloped, forested land, and single-.
family residences to the south (Exhibit C). '
5. Soils map at scale consist~nt with 'that used for Florida Department of Transportation -
Florida Land Use Cover' and Forms Classification ~stem determinations. .
A soils mapfor the properly is provided in Figure 4~
6. .. Propo.seddrainage planindicqting basic flC!w pqztterns, outfall and off-site drainage.
Please See the ConcePtual Suiface Water Management Report included as part of the PUD
application. ' ,
7.
Development plan in.cluding phastngjJrogram, service area of existing and proposed public.
facilities, and existing and proposed transportation network in the impact area.
. The development will not be phased unless market absorption is not sufficient to support the
build out in one phase. .should phasing be necessary, the following pha$ing plan would be
used:
Phase I - This J?hase would include tlie coIistruction or the entry road accessing the single-
and multi-family parcels. 'The phase will also include the water management facilities and
bulk. earthwork activities necessary to bring the site close to the proposed final grades. The
buildings associated with individual multi;.family and single~fami1y phases would be
. constructed as themar~et absorbs the pr6poseclunit~.
Ingress and egress ror the proj ect would be achieved by construction of ail en1ry driv'e off of
. the existing <;ollier Boulevard.. Collier Boulevard, in the immediate area of construction, is a
relatively new four lane divided arterial. Please refer to the transportation impact statement
associated with this rezone for the details associated with the Collier Boulevard access and
other transportation issues.
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Agenda Item No. 8F
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Soli Unit Descrlptlon
14 PlNECA FINE SANC, LIMESTONE SUBSTRATUM
21 BOCA FINE SAND
22 CHOSEE, WINDER, AND GATOR SOILS, DEPRESSIONAl
25 BOCA. RIViEJ:lA, LIMESTONE SUBSTllATUM AND COPElAND
FINE SANDS, DEPRESSIONAL
31 HILOLO, JUPITER, AND MARGATE FINE SANDS
Statu.
HYDRIC
NON.HYDRIC
HYDRIC
HYDRIC
.tim;"
SOILS MAP SCANNED FROM NRCS
COlUER COUNTY SOIL SURVEY.
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FIGURE 4. SOILS MAP
ROCKEDGE PUD
PASSARELLA and ASSOCIATES. INC.
Consulting Ecologists
. DRAWN BY: . P.F. DATE: 6/30/03
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. Agenda Item NO.8F
June 6, 2006-
Page 162 of 246
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3.8.5.4 IMP ACT CATEGORIES
! 3.8.5.4.1 Bio-ohysical
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1. A ir quality
a. Changes in level of air pollutants as defined by current regulations.
The only anticipated .air pollution will be during construction of the project from the
exhaust of construction equipment and from dust gen~ated by earth moving
activities.
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b.
Number ofpeople that will be affected by" air pollution resulting from the proje.ct.
No persons are anticipated to be affected by air pollution re~ting from the project
c. Procedures that will be Used to reduce adverse impacts of air pollution.
Watering of unvegetated surfaces will be conducted to reduce dust dming
construction of the project.
2. Water quality
a. Changes in levels and types of water pollution as defined by current regulations.
The water management system will be designed to meet South Florida Water
Management District (SFWMD) water quality criteria.
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b.
Inventory of water uses that are restricted or precluded because of pollution levels
resulting from this project.
No restricted or precluded w;:Lter uses will exist on this project.
c. Person affected by water pollution resulting from the project. .
No water pollution is anticipated to result from the project.
. .
d. Project designs and actions which will reduc.e adverse impacts of water pollution.
Water pollution is minimi 7.ed by means of a water management system that utilizes
SFWMD criteria to maintain state water quality criteria. Refer to the Conceptual
Water Management ~lan provided under separate cover.
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3.
Physiography and geology'
a
A description of the soil typesfound in the project area.
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Agenda item No. 8F
June 6,2006
Page 163 of 246
According to the Collier County Soils Map, the following soil types are found on th~
property (Figure 4); Pineda fIne sand, limestone substratum (Soil Map Unit 14);
Boca fIne sand (Soil Map Unit 21); Chobee, Winder, and Gator soils, depressional
(Soil Map Unit 22); and Hilolo, Jupiter, and Margate fine sands (Soil Map Dnit 31).
A detailed description of each of these soils type is provided in Exhibit D.
b. Aerial extent of proposed topographic modification through excavation, dredging
andjilling.
The development areas will undergo significant modifications. All of the
preserve/conservation areas will be left unaltered with the exception of alterations
associated with wetland mitigation and wetland enhancement work proposed and
approved by the SFWlvID, U.S. Army Corps of Engineers (COE), and Collier
County.
The development of the project will result in 9.43:1: acres 'of exc.avation and, 41.71:1:
acres of flIl. .
c. Removal and or disturbance of natural barriers to storm waves andflooding. .
i:.
Not applicable.
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The development' areas will undergo significant modificationS. All preserve!
conservation areas will be left unaltered with the exception of alterations associated
with wetland mitigation and wetland enhancement alterations. The alterations within
the development areas will be focused on constructing a water management system
that will detain arid treat stormwater runoff prior to discharge off-site. The concept
plan for the water management facilities is presented with this rezone applicati~n..
d... Proposed modification to natural drainage patterns.
e. Extent 'of impervious surface and percent of groundwater recharge area to be .
. covered
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The extent of impervious surface will be 35 percent of the project.
f. Annual drawdown of groundwater level resultingfrom use;
. Drawdown of the groundwater level is not expected to occur as a result of this
development.
g. Increased siltation in natural water bodies resulting from the proposed use.
A sediment control plan will be provided at time of site development plan approval.
The sediment control plan will be designed according to. SFWMD criteria.
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Agenda Item No. 8F
, June 6, 2006"
Page 164 of 246
, 4.' Wetlands
a.
Define number of acres of Collier County jurisdictional wetlands (pursuant to the
(:ollier County Growth Management Plan) by vegetation type (species), vegetation
composition (canopy, midstory and groundcover), vegetation abundance (dominant,
common and occasional), and their wetland functions.' .
Approximately 39.17 acres ofSFWMD/Collier County jurisdictional wetlands hav~
been identified on the property (Figure 2). The SFWMD wetland lines were field
verified and approved by SFWMD staff on May 23, 2003 and January 23, 2004. The
wetlands are composed of 13 FLUCFCS types: Mela1euca, Hydric (FLUCFCS Code
4241); Tropical Hardwood Hammock, Hydric, Disturbed, 25-49% Exotics
(FLUCFCS Code 42619 E2); Cabbage Palm, Disturbed, Hydric, 25-49% Exotics
. (FLUCFCS Code42891 E2); Willow, Disturbed, 25-49% Exotics (FLUCFCS Code
4291 E2); Hardwood-ConIfer Mixed, Hydric, 0-24% Exotics (FLUCFCS Code 4341
, E 1); Hardwood-Conifer Mixed, Hydric, 25-49% Exotics (FLUCFCS C09.e 4341 E2);
" Pop Ash, 0-24% Exotics (FLUCFCS Code 616 El); Pine/Cypress/Cabbage Palm,
Disturbed, 25-49% Exotics (FLUCFCS Code 6249 E2); Pine/Cypress/Cabbage Palm,
Disturbed, 50-75% Exotics (FLUCFCS Code 6249 E3); Wetland and Forested,
Mixed, 0-24% E~otics (FLUCFCS Code 6309 El); Wetland and Forested, Mixed,
25-49% Exotics (FLUCFCS Code 6309 E2); Freshwater Marsh (sawgrass),
, , Disturbed, 0-24% Exotics (FLUCFCS Code 64119 E1); Disturbed Land, Hydric
(FLUCFCS Code 7401); and Borrow Pond (FLUCFC~ Code 742). Table 2 provides
a breakdown of the wetland acreage for the site, while a description of each wetland
FLUCFCS type follows.
Table 2. SFWMD/Collier County Wetland Acreages.
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, TOTAL
0.14
1.76
7.31
4.48
0.41
1.04
1.68
7.86
4.56
. 1.94
6.07
0.67
0.34
.0.91
39.17
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Agenda Item No. 8F .
June 6, 2006
Page 165 of 246
'Melaleuca. Hydric CFLUCFCS Code 4241)
This disturbed wetland area is vegetated by a nionoculture of melaleuca (Melaleuca
quinquenervia). These areas typically represent ~eas of wet prairie or cypress pine
wetland that have become completely overgrown by this exotic tree species. Signs of
inundation are typically present.. The canopy and sub-canopy are dom.Uiated by
melaleuca. The ground cover contains both melaleuca and s\\,amp. fern (Blechnum
serrulatum) .
Tropical Hardwood Hammock. Hydric. Disturbed. 25-49% Exotics mUCFCS Code
42619E2)
. This wetland community contains cabbage palm (Sabal palmetto), swamp laurel oak I
(Quercus .laurifolia), and gumbo limbo (Bursera simaruba) in the canopy. The
subcanopyconsists of wild coffee (Psychotria nervos(.1). cabbage palm., and myrsine .
(Rapan.ae guanensis). Ground cover is dominated by swamp fern and wild coffee.
Cabbage Palm. Disturbed. Hydric. 25-49% Exotics CFLUCFCS Code 42891 E2) .
The canopy in this wetland community includes cabbage palm, swamp bay (Persea
paZustris), dahoon holly (Ilex cassine);Florida mangler fig (Ficus aurea), and
myrsine. The sub-canopy contains cabbage palm, swamp bay, Florida strangler fig,
myrsine, Simpson's stopper (Myrcianthesfragr:ansvar. simpsoniz), stopper (Eugenia
sp.), and Brazilian pepper .(Schinus terebinthifolius). The ground cover is composed
of saw-grass (Cladiumjamaicense), white-vine ($arcosfemma clausum), and sand
cordgrass (Spartina bakeri). . .
Willow. Disturbed. 25-49% Exotics (FLUCFCS Code 4291 E2)
Typically this wetland habitat occurs in association with other wetland habitats as
either a fringe or a central shrub dominated island.. The canopy includes Carolina
willow (Salix caroliniana), scattered red maple (Acerrubrum), scattered swamp bay,
and scattered pond appl~ (Annona galbra). The sub-~anopy contains Carolina willow
and scattered pond apple and swamp .bay. The ground cover is composed of saw-
grass~ leather fern (Acrostichum aw-eum), para grass (Brachiara mutica), and.:fiIe flag
(Thalia geniculata). . .
Hardwood-Conifer Mixed.. Hydric. 0-24% Exotics (FLUCFCS Code 4341 El)
The canopy in this wetland community includes swamp laurel o~ bald cypress
(Taxodium distichum), red maple, and cabbage palm. The sub-canopy contains red
maple and Brazilian pepper. The groundcbver consists of swamp fem, primrose
willow (Ludwigia per~iana), fire flag, and pickerelweed (Pontederia cordata).
Hardwood-Conifer Mixed. Hydric. 25-49% Exotics CFLUCFCS Code 4341 E2)
The wetland commuillty has the same vegetation as FLUCFCS Code 4341 El, but
with.a higher exotic level.
Pop Ash. 0-24% Exotics CFLUCFCS Code 616 El)
. The canopy in this wetland area consists of pop ash (Fraxinus caroliniana) and
Carolina willow. The sub-canopy consists of pop ash. GTound cover is absent.
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Agenda Item No. 8F
June 6,2006.
Page 166 of 246
. Agenda Item No. 8F
June 6. 2006
Pag,e 167 of 246
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Pine/Cvoress/Cabbwze Palm: Disturbed. 25-49% Exotics (FLUCFCS Code 6249 E2)
The canopy in this wetland community contains bald cypress, melaleuca, cabbage
palm, and slash pine. The sub-canopy consists of bald cypress, melaleuca, cabbage
palm, slash pine, ~d Brazilian pepper. The ground cover consists of swamp fern, .
cabbage palm, Brazilian pepper, saw-grass, and myrsine.
PinelCvoress/Cabbwze Palm. Disturbed. 50-75% Exotics (FLUCFCS Code 6249 E3}
The wetland community has the same vegetation as FLUCFCS Code 6249 E2, but
with a higher exotic level. '.
Wetland Forested. Mixed. 0-24% Exotics CFLUCFCS Code 6309 E1)
.. The canopy in this wetland community contains cabbage palm, swamp bay, red
maple, dahoon holly, and laurel oak. The sub-canopy includes Brazilianpepper,
swamp bay, dahoon holly, saw palmetto, and red maple. The.ground cover includes
swamp fern, leather fern, Virginia chain fern (Woodwardia virginica), and saw-grass.
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Wetland Forested. Mixed. 25-49% Exotics (FLUCFCS Code 6309 E2)
The.wetland community has the same vegetation as FLUCFCS Code 6309 E1, but
with a higher exotic leveL
. Freshwater Marsh (Saw Grass). Disturbed. 0-24% Exotics (FLUCFCS Code 64119
Jill . . .
The canopy in this wetland community is absent. The sub-canopy includes arazilian
· pepper and melaleuca. The ground cover includes saw-grass,. B~lianpepper, .
swamp fern, chain fern (Woodwardia virginica), white-vine, and sa.tl.d cordgrass.
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Disturbed Land. Hvdric (FLUCFCS Code 7401)
. The canopy and sub-canopy in these wetland areas are opep. with scattered swamp
laurel oak, bald cypress, and cabbage palm. The ground cover includes flatsedge
. (Cyperussp.), primrose willow (Ludwigia peruviana), and. swamp fem. .
Borrow Land (FLUCFCS Code 742)
These areas were excavated from wetlands and are jmisdictional. The canopy and
sub-canopy are open with scattered primrose willow. The ground cover is mostly .
open with scattered pickerelweed and fireflag.
b.
Determine present seasonal high water levels and historical high water levels by
.. utilizing lichen lines or other biological indicators.
1.
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Nails marking biological indicators (Le., lichen lines, adventitious rooting, etc.) of
wetland seasonal high water levels were set i~ the field on April! 0, 2003. Two sets
of nails were set marking top of water staining on cypress and top of adventitious
rooting on melaleuca. One set of nails was located west of the FPL easement and one
set east of the FPL easement. The elevations of the nails were subsequently surveyed
by R W A, Inc. The average elevation of the nails west of the FPL easement was 7.3
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Agenda Item No. 8F
June 6, 200B"
Page '168 of 246
feet NGVD. and the average for the nails east of the FPL easement was 8.3 feet
NGVD.
Indicate how the project design improves/affects pre-development hydroperiods,
The, development has been designed not to affect pre-development wetland
hydroperiods. Existing surface water flows to the preserved wetlands vviIl be
maintained at post-development.
d. Indicate proposed percent of defined wetlands to be impacted and the effects of .
proposed impacts on functions of wetland areas. '
The project development has be~n designed to preserve 23.46* acres of SFWMD.
jurisdictional wetlands on-site. Approximately 21.34 acres will be for native
preserve and 2.12:1: acres for archaeological preserve. Table 3 provides the
breakdown ofwetland impacts by FLUCFCS code; The proposed wetland preserves
are shown on Figure 5. A Wetland Rapid Assessment ProcedUre (WRAP) analysis
for the existing wetlands on the site was conducted and is presented as Exhibit E.
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Table 3. Wetland Impacts by FLU~CS Code
4241
428~1 E2
4341 El
4341 E2
616 E1
6249 E2
6249 E3
64119
.,7401
742
Total
0.14
6.74
0.41
1.04
0.90
2.48
,2.08
0.67
0.34
0.91
15.71
, e.
Indicate how the project design minimizes impacts on wetlands.
The project development has been designed to preserve 2.3.46* acres of SFWMD
jurisdictional wetlands on.;.site. In addition, upland preserve areas are included with
the wetland preserve. Approximately 0.52 acres of the upland preserve is for native
, preserve and 1.34:1:: acres are for archaeological preserve. '
f.
Indicate how the project design shall compensate for the wetland impacts pursuant to
the Collier County Growth Management Plan.
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Agenda Item No. 8F
June 6, 2008'
Page 1.70 of 246
The project preserves 23.46:1: acres of wetlands and 1.86:1: acres of uplands on the
site. Any shortage in wetland mitigation will be made up through off-site mitigation
approved by the permitting state and federal agencies. '. .
5. Upland utilization and species of special"status.
. .
a. Define the number of acres of uplands by vegetative types (species),vegetation
composition (canopy, midstory, and groundcover), vegetation abundance (dominant,
common and occasional) and their uplandfunctions. .
The property has a total of 37.29::1: acres of uplands. The upland ~bitats are
composed of Residential, Low Density (FLUCFCS Code 110); Citrus Grove
(FLUCFCS Code 221); Pine, Disturbed (FLUCFCS Code 4159); TropiCal Hardwood,
Disturbed (FLUCFCS Code 4269); Live Oak, Disturbed (FLUCFCS Code 4279);
Cabbage Palm, Disturbed (FLUCFCS Code 4289); Hardwood-Conifer Mixed,
Disturbed (FLUCFCS Code 4349); Disturbed Land (FLUCFCS Code 740);
SpoiWegetation Debris Piles (FLUCFCS Code 743); and Electrical Power
. Transmission Line (FLUCFCS Code 832). Table 4 provides an acreage breakdown .
of the uplands, while a description of each FLUCFCS type follows.
Table 4.
Upland Acreages
,:~~~r4~~'~ ~, t~' ~r'~,~:~~,<;.,~
',:....o..~y.
...:..._-~
110
221
.' 4159E2
4269 El
.4269 E2
'4269 E3
" .~~~;f:'"'~~""'"
": f.~;'~.~9I~: .
Residential, Low Densi
Citrus Grove'
Pine, Disturbed 25-49% Exotics
Tro ical Hardwood., Disturbed 0-24% Exotics '"
Tropical Hardwood, Disturbed (25-49%
Exotics '"
Tropical . Hardwood~ Disturbed . (50-75%
Exotics '"
Live Oak, Disturbed 25-49% Exotics '"
Cabba e Palin, Disturbed 0-24% Exotics '"
Cabb e Palm, Disturbed 25-49% Exotics '"
Hardwood-Conifer Mixed., Disturbed .(25-49%
Exotics ·
Pine/Cypress/Cabbage Palm, Drained, 25-49%
Exotics
Disturbed Land
S oiWe etation Debris Piles
Electrical Power Transmission Line
TOTAL
4279 E2
4289 E1
4289 E2
. 4349 E2
6245 E2
740
743
832
16
6.57
0.29
3.93
0.08
2.34' '.
0.22
2.02
0.94
. 0.81
12.04
1.96
4.64
0.11
1.34
37.29
Agenda Item No. 8F
. . June 6, 2006
Page 171 of 246
Residential. Low Density (FLUCFCS Code 110)
These low-density residential areas are occupied by single-family home sites.
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Citrus Grove (FLUCFCS Code 221)
This disturbed community has an open canopy. The sub-canopy contains. citrus
(Citrus sp.). The ground cover includes crowfoot grass (DactyZoctenium aegyptium).
smutgrass (Sporobolus indicus). beggar's tick (Bidenspilosa), bahiagrass (Paspalum
notatum), and spennacoce (Spermacoce verticillata).
Pine. Disturbed. 25-49% Exotics CFLUCFCS Code 4159 E2)
This upland habitat has a canopy dominated by slash pine (Pinus elliottiz). Other
canopy species include bald cypress, cabbage palm. and melaleuca. The sub-canopy
contains Brazilian pepper, swamp laurel oak, myrsine (Rapanea punctata), cab~age
palm, slash pine, and bald cypress. Ground cover species include grapevine (Vilis.
sp.), saw palmetto (Serenoa repens), caesar weed (Urena Zobata), and poison ivy
(Toxicodendron radicans). .
Tropical Hardwood. Disturbed. 0-24% Exotics CFLUCFCS Code 4269 E 1)
This upland habitat has a canopy that includes cabbage palm, gumbo-limbo (Bursera
simaruba), laurel oak. (Quercus hemisphaerica). and slash pine. The sub-canopy
contains cabbage palm, wild coffee (Psychotria nervosa) and (Psychotria sulneri).
. .gumbo-limbo, and Brazilian pepper. The ground cover is composed of.myrsine.
caesar weed, wild coffee, poison ivy, cabbage palm. and swamp fern.
. Tropical Hardwood. Disturbed. 25-49% Exotics CFLUCFCS Code 4269 E2)
The upland community has the same vegetation as FLUCFCS Code 4269 El, but
. with a higher exotic lev~1.
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Tropical Hardwood. Disturbed. 50-75% Exotics CFLUCFCS Code 4269 E3)
. The upland community has the same vegetation as FLUCFCS Code 4269 E2, but
with a higher exotic level.
Live Oak. Disturbed. 25-49% Exotics (FLUCFCS Code 4279 E2}
This upland habitat has a canopy dominated by live oak (Quercus virginiana) and
. scattered slash pine and meialeuca The sub-canopy vegetation contains live oak.
. Brazilian pepper, cabbage palm, wax-myrtle (Myrica cerifera), saw palmetto, and
tnyrsine. The ground cover is dominated by caesar weed and grapevine.
Cabbage Pa.1rD.. Disturbed. 0-24% Exotics (FLUCFCS Code 4289 El)
This disturbed upland habitat has a canopy that includes cabbage palm, laurel oak.
dahoon holly (flex cassine), and melaleuca. The sub-canopy contains cabbage palm,
myrsine, dahoon holly, Simpson stopper, red stopper (Eugenia rhombea), melaleuc~
and Brazilian pepper. The ground cover is composed of myrsine, wild coffee.
cabbage palm, and scattered saw palmetto.
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Agenda Item No'. 8F
June 6, 200(j
Page 172 of 246
Cabbage Palm. Disturbed. 0-24% Exotics lFLUCFCS Code 4289 E2) .
The upland community has the same vegetation as FLUCFCS Code 4289 El; but
with a higher exotic level.
Hardwood-Conifer Mixed. Disturbed. 25-49% Exotics (fLUCFCS Code 4349 E2)
This upland habitat has a canopy that contains live oak, cabbage palm, slash pine, and
swamp laurel oak.. The slib-canopy includes Brazilian pepper, Florida strangler fig,
myrsine~ slash pine, cabbage palm., dahoon holly, and saltbush (Baccharis
halimifolia). The ground cover includes caesar weed, beauty-bilsh (Callicarpa
americana), wild coffee, smutgrass, and scattered saw palmetto.
Pirie/Cvoress/Cabbage Palm Drained. 25-49% Exotics rFLUCFCS Code 6245 E2)
This upland community was historically a wetland but has been drained due to the
S.R. 951 canal. The canopy contains bald cypress, swamp laurel oak, cabbage palm,
. and slash pine. The sub-canopy consists of bald cypress, cabbage palm, slash pine,
Brazilian pepper, swamp laurel oak, myrsine, and wax-myrtle. The ground cover
. consists of caesar. weed, grapevine, poison ivy, and Boston fern (Nephrolepis
exaltata).
Disturbed Land CFLUCFCS Code 740)
This upland community has a canopy that is mostly open with scattered cabbage
palm, swamp laurel oak., and live oak.. The sub-canopy is open with scattered wax-
myrtle and Brazilian pepper. The groUnd cover contains beauty-bush, smutgrass,
, wedelia (Wedelia trilobata), caesar weed, winged sumac (Rhus copallina), grapevine,
and bahia grass (paspalum notatum).
. SpoilNelZetation Debris Pile (FLUCFCS Code 743)
The canopy is absent in this disturbed area. The sub-caJ;loPY contains w~~myrtle,
Brazilian pepper, and myrsine. The ground cover contains beauty-bush, grap~vine,
and natalgrass (Rhynchelytrum repens)
Electrical Power Transmission Line (FLUCFCS Code 832)
This area is occupied by Florida Power and Light electrical transmission lines.
. b. Indicate proposed percent of defined uplands to be impacted and the effects of
proposed impacts on functipns of upland areas.
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The majority of the uplands on-site will be impacted by the project. The upland
habitats have been disturbed by the invasion of melaleuca and other exotics and
anthropogenic disturbances.
c.
Indicate how the project design minimizes impacts on uplands:
As discussed above, the on-site uplands are disturbed. Uplands are incorporated into
the preserve areas.
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Agenda Item No. 8F
.June 6, 2006
Page 173 of 246
d.
Provide a plant and animal sp~cies survey to include at a minimum, species of
special status that are known to inhabit biological communities similar to those.
existing on site and conducted in accordance with the guidelines o/the Flo.rida Game
and Fresh Water Fish Commission. .
Listed plant and wildlife species surveys were conducted by Passarella and
Associates, Inc. on November 4, 2002; JWle 11 and 12, 2003; and November 6, 2003.
. Additional listed species observations were made during vegetation mapping,
wetland flagging, and nailing seasonal high water elevations, which were conducted
on September 27 and 30, 2002; October 1, 2002; November 4, 2002; March 27,
2003; April 7 and 10, 2003; and December 17, 2003. The survey methodology and
results are providedin Exhibit F. A tri-colored heron (Egretta tricolor) was observed
during the listed Species survey on November 4, 2002. . No other liSted wildlife
species were observed during the listed species survey or d~g vegetation mapping~
wetland flagging, or nailing seasonal high water elevations. Listed. air plants were
observed in the FLUCFCS 616 El areas of the site.
e.
Indicate how the project design. minimizes impacts on species of special statuS.
ApproXimately 25.32 acres of wetland and upland areas will be preserved and ..
enhanced on the property to provide habitat for listed Species, including listed wading
birds. Prior to impacts to the 0.90:1: acre FLUCFCS 616 El wetland, a survey will be
. conducted in that area for listed air pl~ts and any found will be relocated to wetland
. preserve are~.
6.. Marine and estuarine resources
. .
. a.. Provide current State afFlorida Classification of the Waters (EJoridaAdministrative.
Code, Chapter 17.:3).
b.
~6t applicable.
Define number of acres of marrne and estuarine ;esources by submerged grass beds,
.breeding areas and nursery areas and their marine and estuarine junctions.
Not applicable.
c.
Indicate proposed percent of defined marine and estuarine resources to be impacted.
and the effects of proposed impacts onfunctions. of marine and estuarine resources.
Not applicable.
d. Estimate changes in the dockside landin.g of commercial fish an~ shellfish
Not applicable.
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e.
Estimate changes in the sport fishing effort and catch.
Not applicable.
Agenda Item No; 8F
. . . June 6, 2006'
Page 174 of 246
f.
Provide past history of any environmental impacts to' the area including 9il. spills.
Not applicable.
g.
Indicate how the project design minimizes i"!"lpacts' on marine and estuarine
resources.
Not applicable.
7. Noise
Describe the changes in decibels and duration ofnoise generated during and after
the project (both day a"ndnight) that will exceed Collier County regulations.
Changes 'in . decibels and duration' of noise will orilY occur because ~f tYPical
construction activities~ In addition, conStruction will take place only d.uring the hours
. set forth in the Collier County Land.Development Code. No noise problems are
anticipated after project completion.. . .
a.
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b. Describe steps that will be taken to reduce noise levels during and after the project.
See 7a. above.
. .
. c. Project compliance with Federal Aid Highway Program Manual 7-7-3.'
. See 7a above.
.3.8.5.4.2 Public Facilities and Services.
. 1. Wastewater management
a. Describe existing treatment facilities as to capacity, percent capacity being used,
type of treatment and degree of treatment.
Both potable water and sanitary sewer service will be provided by Collier County
Utilities. The county operates regional potable water and sanitary sewer treatment
facilities. These facilities are permitted by Florida Department of Environmental
Protection (FDEP) and operate under the state guidelines for treatment Waste
Management Inc., Collier CountYs authoriZed contractor for waste disposal, will
provide solid waste disposal services. The solid waste will be taken to "the Collier
County Landfill, which is also permitted by FDEP and operates under the state
guidelines for waste disposa1~ .
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Agenda Item No. 8F.
June 6, 2006
Page 175 of 246
.b.
If applicable, describe similar features of proposed new treatment facilities.
Not applicable;
c. Describe the character andfate of both liquid and soli4 ejjlu~nts.
The liquid and solid waste effluents can be characterized as residential in nature.
. Industrial and commercia1land uses are not proposed. Collier County will provide
treatment and disposal facilities as indicated above.
2. Water supply
a. . . Estimate of average daily potable and non-potable water demands on the project.
Potable: 154,105 GPD .
Non,-Potable: 83,300 GPD
b. . Source of raw water material.
Collier County withdraws raw water for treatment to produce potable" water from
several groundwater resources. This project will potentially withdraw raw water.
.. from the surficial. aquifer for inigation purposes but not for potable water treatment
and production.
. c.
Analysis of em-site treatn1.ent systems relative to State and Co.unty standards.
On-site treatment facilities are not proposed.
3.. Solid wastes
a. Estimate of average daily volume of solid wastes..
The estimated average daily amount of solid wastes to be produced, as a result of this
. proj ect is 2.51 tons per day.
b. Proposed method of disposal of solid wastes.
Collier County's contracted solid waste disposal contractor, Waster Management, .
Inc. will collect and dispose the solid waste generated from the project.
c. Any plans for recycling or resource recovery. .
W ~te Management, Inc. will make recycling and resource recovery opportunities
available in accordance with their contract allowances.
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Agenda Item No. 8F
June 6, 2006
Page 176 of 246
4, Recreation and open spaces
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! . a. Acreage andfacUities demand resultingfrom the new use.
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Regional Parks (LOS 2.942 acres per 1,000 persons)'== 2.44:!:: acres
Community Parks (LOS 1.2882 acres per 1000 persons) == 1.07:!:: acres
Note: The above LOS are for plannin~ purposes, the actual Park impacts generated
by the development are addressed by park impact fee payments.
. .
b. Amount of public park/recreation land donated by th~ developer.
There are no proposals for park/recreation land donated by the developer.
c. Management plans for any open water areas if one-half acre or more within the
pro/ect.
Water management facilities will be maintained by the project's homeownerrs
I as.sodation, in accordance with the SFWMD and Collier County standards for
I maintenance of such facilities.
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d.. Plansfor recreational development by the developer on dedicated lands.
The developer will construct a small amenities area and ~ place a portion of the
site into conservation/preservation protection status as approved by the SFWlvID and
COE. Public access facilities such as nature trails or fiuiess trails will be provided if
approved the regulatory agencies listed above. .
\ e. 1mount ofpublic recreation lands. remo~edfrom inventory by t~e new Use.
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No public recre~tion lands will be remove~ from inven~ory by the ne:w use. .
f. . .'Development and/or blockage of access to public beaches and waters.
Not" applicable.
5. Aesthetic and Cultural Fadors
a
Provide .documentation from the Florida Master Site File. Florida Department of
State and any printed historic archaeological surveys that have been conducted on
the project area.
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Archaeological. and Historical Conservancy, . Inc. conducted a Phase One
Archaeological Assessment on the project site, as recommended by the Florida
Department of. State. The assessment resulted in the documentation of four
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- Agenda Item No. 8F
June 6, 2006
Page 177 of 246 .
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prehistoric sites~ three of which were previously unrecorded and one of.which was
previously recorded. A copy of the phase one report was sent to the Florida
Department of State for review. The Florida Department of State reviewed the report
and sent a letter with recommendations regarding the archaeological sites. A copy of
this letter is presented in Exhibit O. The letter stated that two of the sites (Nos,
8CR874 and 8CR875) were potentially eligible for listing in the National Register of
Historic Places and should be preserved. A more in-depth archaeological survey of
the two sites was performed to delineate their limits~ which were then survey located.
The site plan has been designed around these two archaeological sites that are located
in the southeastern portion 6fthe site. The two archeological sites will be preserved
in their entirety and are located adjacent to wetland preserve areas ahd a water
management lake that serve as buffers.
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An archaeological survey was conducted for the 20-acre additional parcel. The
results of the survey found four medium to high probability archaeological sites. A
copy of the report has been sent to the Florida Department of State for review: Due
to potential eligibility _ for listing of these sites on _ the National Register of Historic
Places~ the entire 20-acre parcel will be preserved and placed under a conservation
easement Therefore~ the proposed project preserves the archaeological sites in one
contiguous preserve.
b. Locate any known histo~ic or archaeological sites and their relationships to the.
proposed project design.
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See response to Sa.
c~
Demonstrate how the project de~ign preserves the historidarchaeological integrity
of the site.
See response to 5a. _
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d.
Indicate any naturalscenic features that might be modified by the project design and
explain what actions shall beutiZized to preserve aesthetic values. . .
Natural scenic features on the property include the wetlands arid uplands. The proj~ct
will record a conservation easement for 25.32:l: acres of on-site. wetland/upland
preserve.
e. . Provide the basic architectural and landscaping designs.
The bui1dings~ signage, iandscaping~ and visibie architectural infrastructure will be
architecturally and aesthetically unified. The Unffied architectural theme will include
a similar architectural design and use of similar materials and colors throughout all of
the buildings~ signs, and fenceS/walls to be erected on the entire subject parcel.
Landscaping and streets cape materials will also be similar in design throughout the
subj ect site. An architectural plan will .be submitted concurrent with the first
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Agenda Item No. 8F
.June 6,2006'
Page 178 of 246
application for Site Development Plan approval demonstrating compliance with these
standards. . Signage will ~so meet the architectural standards described above.
6. Monitoring
a.
Describe the design and procedures of any proposed monitoring during and after site
. preparation and development.
A monitoring plan .will be implemented as part of the SFWl\1D permit for the proj ect.
Monitoring of wetland preserves will include baseline, time-zero, and annual
monitoring of vegetation, wildlife, and wetland water levels. The baseline report will
document conditions on the project site as they currently exist. The time-zero report
will document the conditions immediately following exotic removal. The annual
. reports will document conditions following exotic removal and document the extent
of success of the project. Sampling stations and methodology of data collection will
remain the same for all monitoring events, including baseline, time-zero, and annual.
3.8.6.1 SPECIFICS TO ADDRESS - GENERAL INFORMATION
3.8.6.1.1
3.8.6.1.2
Indicate how the proposed project has incorporated the natural, aesthetic and
cultural resources and other errvironmental considerations in the planning and
'design oftheproposedproject. '.
. The majority of the property consists ofbigbly disturbed habitats. The site plan has .
been designed to create one large contiguous preserve area. The proposed project
design has incorporated 23.46::1: acres of the wetlands as preserves within the
development plan.. Approximately 21.34 acres will be for native preserve and 2.12.:l:
acres for archaeological preserve. At post-development, these wetlands will be
enhanced by the removal of exotics. In addition, 1.86= acres of uplands Will be
. preserved. Approximately 0.52 acre will be for native preserve and 1.34:l:: acres for
. archaeological preserve~ The preserved and enhanced wetlands and uplands totaling
25.32:1: acres will be placed under a conservation easement. .
The site currently supports 65.54= acres of native vegetation (Figure 3). Per the
Collier County Land Development Code, 16.39:1: acres (65.54 acres x 0.25) of:q.ative
vegetation would need to be preserved for this project. The site plan provides for
21. 86: acres of native vegetation preserved on-site, which is a surplus of 5.47= acres.
The 21.86= acres does not mclude the 3.46= acres of archaeological sites, which
County staffwill not accept as native preservation (see Figure 5).
Archeological sites that exist on the property will be preserved in their entirety and
are located adjacent to and within wetland preserve areas and a water management
lake that serve as bUffers.
List the environmental impact(s) of the proposed action and the reason(s) that the
impact(s) are unavoidable and that the impact(s) represent the minimum impacts
24
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Agenda Item No. 8F
June 6, 2006
Page 179 of 246
3RD RESUBMITIAL
PUDZ-2003-AR-4991
PROJECT # 2003050052
DATE: 4/7/05
MICHAEL DERUNTZ
A Phase One Archaeological Assessment of
. the Newton Square Parcel,
. Collier County, Florida
by
John G. Beriault, B.A.
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conducted under the direction of
Robert S. Carr, M.S.
Archaeological and Historical Conservancy
4800 SW64th Avenue Suite 107
. Davie, FL 33314
(954)792-9776
ahchlgcl@bellsouth.net.
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Passarella apd Associates, Inc.
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ARC Technical Report #558
December, 2004
2004.136
EXHI~IT F
Agenda Item No. 8F,
June 6,2006
Page 180 of 246
Tablt of <':ontents
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List of Figures ii
Consultant Summary 1
Project Setting 3
Previous Research 7
Cul~ Summary 11
Methodology 21
Results and Conclusions 24
Summary of Sites 25
Recommendations 30
References Cited 31
Appendix 1: Survey Log 39
Appendix 2: Site forms 42
Appendix 3: Field Specimen Log 50
Appendix 4: Shovel Test Log 51
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1. Map of the Newton Square parcel
l.ist of Figures
2. Aerial photograph of the Newton Square Parcel showing archaeological
sites and shovel tests.
3. View east. Gene Erjavecexamines largecamphorwood trees growing
on 8CR897.
4. View ~outheast. Gene. EIjavec sifts material from Shovel Test #2 in
. Target #1.
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Agenda Item No. 8F
June 6, 2006
Page 181 of 246
3
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Agenda Item No. 8F
June 6, 2006'
,:,age 182 of 246
Lonsultant Summai')
In mid-December, 2003, the Archaeological and Historical Conservancy Inc. (ARC)
conducted a phase 1 archaeological assessment for Passarella and Associates, Inc. of the
Newton Square parcel located eastof Collier Boulevard CR951 in west-central Collier
County. The. :1:20 acre parcel was surveyed to locate sites of archaeological and/or
historical significarice. This work was conducted as an addendum to an earlierproj ect, a
40-acre area called Newton PUD located immediately west of the project parcel. This
earlier project was performed in July, 2003 by ARC personnel and resulted in the
discovery of three archaeological sites, 8CR773, 8CR774, and 8CR775, and the
determination that the eastern portion of the previously recorded Buschelman Site,
8CR726 extended into the western area of the Newton PUD parcel (Beriault 2003).
This current assessment was conducted to fulfill historic resOUI.Ce requirements as part of
South Florida Water Management District Application Permit # 040729-16) (DHR 2003-
7133) pe:i:mitting in response to Florida's Chapters 267 and 373. This assessment was
, conducted in accordance with Section 106 of the National Historic Preservation Act of
1966 (public Law 89-665), as amended in 1992, and 36 C.F.R.. Part 800: Protection of
Historic Properties. The work and the report conform. to the specifications set forth in
Chapter IA-46, Florida Administrative Code.
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The parcel encompasses part of Section 23 in Township 50S, Range 26E (Figure 1). The
entire parcel is uncleared woodland vegetated in hardwood hammock and deep marsh
sloughs. Much of the parcel area is lightly to moderately, impacted by exotic brazillian
pepper. Despite the small size of the parcel there is quite a bit of vegetative/topographic
variation. Much of the parcel area will be maintained as a natural preserve to mitigate for
more intensive development planned in the +56-acre Newton PUD parcel immediately to
the west of the project parceL No structures occur on the project parceL
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The entire parcel was initially investigated using aerial photographs followed by
pedestrian sUrvey. It was determined that four areas h,ad a moderate to high probability
of containing prehistoric sites. All four were higher ground hardwood hammocks with
occasional scattered cabbage palms and live oaks (Figure 2). All of these hammocks are
located near deep marshes or sloughs. A total of ten 45cm by 45cm-shovel tests was dug
at the four features with positive results.
The result was the documentation of three previ~usly recorded archaeological sites, 8CR
896, 8CR897, and 8CR898. In addition, an eastern component of a previously reported
site, Hamelia Midden, 8CR875, was documented as extending into the northwestern
portion of the subject parcel. All the sites on the subject parcel are black dirt midden
areas. It is believed that all four sites are of at least local significance and are potentially
eligible for listing on the National Register of Historic Places under Criterion D. (NRHP
Code of Federal Regulations, 36CFR Part 60.4) as sites: That have yielded, or may be
likely to yield, information important in prehistory or history.
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Agenda Item No. 8F
June 6, 2006
Page 183 of 246
In addition., previOus Investigations at t.'1e \\'estem component 01' tht: Harnel.b. !vEdden,
8CR875, noted human remains, likely from a prehistoric burial (Beriault 2003).
The four archaeological sites may in part or whole be preserved as greenspace as. part of
an agreement to develop the Newton PUD parcel immediately west of the sUbject parcel.
If development or restoration, or exotic plant removal is scheduled for the subJect parcel
or any of the four sites or components, an archaeological plan should be followed.
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June 6, 2006'
Page 184 of 246
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Agenda Item No. 8F
June 6, 2006
Page 185 of 246
Pruject ~etting
The subject parcel is located in part of Section 23, in TOVv'IlShip 50S, Range 26E located
east of Collier Boulevard (CR951) in west central Collier County. The parcel is a
rectangle with the long axis north-south with sides oriented to the cardinal points. The
western edge of the subject parcel borders the eastern side of the previously investigated-
Newton PUD parcel. The parcel is characterized by generally uncleared woodland
vegetated in tropical hardwood hammocks bordering two deep marsh pond/slough areas.
Much of the parcel area is lightly to moderately infested/impacted by exotic brazillian
pepper. Despite the relatively small size of the parcel there is a fair degree of
vegetativeltopographic variation. In is possible all or part of the subject parcel will be
protected in a future preserve area. No structures occur on the project parcel. The
relevant USGS map is Belle Meade (revised 1991).
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The N eVvton Square parcel is situ;ated near the northern side of an extensive and
amorphous series of cabbage palm, live oak, .tropical hardwood hammocks flanked by
and containing deep marsh/slough systems collectively known as the Rattlesnake
Hammock. This several-square mile region contains great floristic and topographic
diversity. High ground areas include live oak/saw palmetto/cabbage palm. hammocks
'With varying percentages of tropical hardwoods that can include myrsine, white stopper,
camphorwood, soft-leafed and shiny leafed wild coffee, wild lime, lancewood, strangler
fig, gumbo limbo, willow bustlc, hog plum.. coral bean. fire bush. hackberry, red
mulberry, and others.
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Flanking these high ground areas and running as north-south linear transverse
depressions are deep sloughs and bald cypress swamps and marsh ponds. These areas
even with present-day drainage activities contain standing water much of the year and
support a rich diversity of plant and animal life. Some of the plant species present include
cordgrasses (Spartina spp.) and succulent marsh plants such as pickerelweed (Pontederia
lance 0 lata) and arrowhead (Sagittaria spp.) and ferns such as swamp fern (Blechnum
serrulatum), Thelypteris and Osmunda ferns. The deep open marshes of the area are
likely relict burnt cypress' solution holes and pond features as evinced by the. abundant
dead snags and logs of that species. At present, many of these featUres contain pop ash
"(Fraxinus caroliniana), pond apple (Annona glabra), coastal plain willow (Salix
caroliniana), and buttonbush. All of these environmental zones were heavily exploited by
prehistoric Indians, early white settlers, and more recent recreational hUI:J.ters.
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It is believed, as the result of researches done in the present parcel and others in the area,
that. the Rattlesnake Hammock area with its rich diversity of environmental zones and
ha.rVestable plant and animal resources was a destination location over at least a several
hundred-year period for Indians of the coastal shell morind sites travelling up interior
river/slough systems to acquire these needed commodities. Very likely these Indians
returned to the same locales seasonally over extended episodes of camping establishing
over the centuries intensive interior midden sites.
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Agenda Item No. 8F.
June 6, 2006
Page 186 of 246
caprock lying exposed or overlain to various depths by sands or shelly marls. in cypress
sloughs, but particularly in cypress dome/solution ponds there are potentially deep'
deposits of muck or peat. A fine tan sand found extensively in the district is Immokalee
fine sand which usually overlies relict marine deposits of shelly marl and marly limestone
caprock that are part of the Pleistocene Caloosahatchee and Fort Thompson formations.
These marine marls contain lenses and deposits of clay intermixed with varying
percentages of sand. These clays may have been a source for ceramic manufacture by the
Formative period Native Americans. Mantling the lmmokalee sands are windblown
deposits of gray sands of varying depths.
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Both the Caloosahatchee and Fort Thompson marls and the associated limestone caprock
contain the index fossil bivalve, Chione cancellata in quantity. Depths of sand or marl
overburden seldom exceed 70 centimeters. Many higher ground formations in the area
appear to be bedrock unconformities that consist of fully exposed tabular slabs of
limestone caprock containing numerous rounded solution holes.
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June 6. 2006
Page 187 of 246
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Agenda Item No. 8F
June 6, 2006 .
Page 188 of 246
Previous Research
Soutbwest Florida has been a focus of archaeological investigations since the 1880's,
although much of the early work was directed toward' recovery of museum quality
artifacts rather than understanding cultural processes. Griffin (1988:48-50) discusses
. some of the very early references to archaeological sites in south Florida. He notes ~at
these early reports were mostly casual observations, and few appear to refer to southwest
Florida., but rather the southeast and Key West areas.
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Southwest Florida archaeological sites have been reported since at least the time of
Kenworthy's informal report on shell mounds and ancient canals (Kenworthy 1883). At
about the same time as Kenworthy's investigations, Simons (1884) gave a narrative
..account of some of the very large coastal shell middens, and Douglass (1885) proVided
further information about prehistoric canals (although he did not aCcept that they were
prehistoric); one canal near Gordon's Pass is probably the Naples Canal (8CR59), and
. one further .north the Pineland Canal. Griffin (1988:50-51) indicates that Douglass'
diaries record excavations on Horrs Isiand, apparently a post-contact era site (8CR41), as
Douglass mentioned European artifacts. Douglass visited Lostman's River and. other
areas in the Ten Thousand Island area, and a visit to Hom Island was briefly narrated in
.. Douglass (1890).
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In 1895 Durnford reported cordage and other artifacts recovered from a mangrove muck
pond on Marco Island (site 8CR49). The material was shown to Cushing, who mounted a
major project to recover more material from the site. Cushing (1897) reported wood and
other .p~shable artifacts recovered from the muck pond on Marco island, adjacent to a
large. shell works and midden village site. This report generated a great deal of
. subsequent interest after publication of illustrations of the spectacular finds. Wells M
Sawyer, a young artist accompanying the expedition produced an excellent and
presumably accurate contour map for the entire Key Marco Shell. Midden. This map is
valuable to present-day efforts to und~and many of the now obliterated features apd
interpreting (reconstructing) the "architecture" of the shell midden during current
excavations at that site. Widmer (1983) notes that Cushing also focused attention on the
nonagricultural chiefdom level of social organization supported by the rich estuary and
marine resources, although his anthropological observations have remained
overshadowed by the wealth of artifacts..
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C.B. Moore investigated a number of sites along the Collier/Lee County coast, apparently
attempting to find material comparable to Cushing's finds (M:oore 1900, 1905,
. 1907). Although Moore provided information about site locations and general contents,
most of his work was extremely crude and uncontrolled, even by contemporary
archaeological standards, and certainly by modern.
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The first attempt to systematically survey and investigate archaeological .sites was
initiated by Ales Hrdlicka., who in 1918 vislted a number of sites along the coast and tidal
mangrove estuaries, especially in the Ten Thousand Island region (Hrdlicka 1922).
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7
Agenda Item No. 8F
. June 6, 2006
Page 189.of 246
Hrd1it;ka noted that suuthwes! Florida \;<,'as a distmct region within south Fluri da and
made an attempt to type sites by function.
Matthew Stirling excavated a burial mound on HOIrs Island (1931,1933). The site was
named the Blue Hill Mound but is not recorded under that name in the FMSF (either as a
primary or secondary name), so it is unclear exactly which site he excavated though it
was probably 8CR41 (Mc:Michae1s 1982). The reports by Stirling are preliminary; and
apparently neither a final report nor a skeletal analysis has been published. However, this
represents one of the first controlled excavations in CollierlLee Counties (although he
attempted stratigraphic control Cushing had little success in his wet site excavation) John
M. Goggin (1936) defined a south Florida cultural area (Glades Area), and described
south Florida ceramics (Glades ware), establishing a basis for later archaeplogical work.
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Goggin (1939) published an analysis of the ceramic sequence in south Florida. In later
reports (1947, 1949a, 1949b) he formulated a basic framework of cultural areas and
chronologies that is still current (though modified with additional data, see further
discussion below). Goggin summarized much of this information in an unpublished
manuscript (1949b, although modified later); the most thorough discussion of this
manuscript is available in Griffin (1988).
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In passing, one unfortwiate aspect of Goggin's work was a dependence on informant
. information for location of sites (especially interior sites) and he had a real concern that-
existing sites would be looted. This concern resulted in .either deliberately or incidentally
vague loeational data for many sites. Some of these sites have never been satisfactorily .
relocated. although a few have undoubtedly been unknowingly recorded by later
investigators. Goggin's 1949 manuscript (Goggin 1949b), which was apparently a rough
draft. for the Yale Puplications in Anthropology series, enumerates ~veral sites
occurring in and around Bonita Springs; Due to the above difficulties in determining
precise location, it cannot be said with absolute certainty that some due not occur near the
subject tracts.
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For several deCades, much of the subsequ~tar~haeological investigations in the region
took place in Lee and Charlotte Counties, especially in the Cape Haze, Charlotte Harbor
and Pine Island areas. It is rumored that John M Gogginhad a "gentleman's agreement"
with many of the other leading practicing Florida archaeologists of the :time that the
South Florida area was his exclusive province to investigate. If this rumor is correct, it
might explain the neglect shown the southwest Florida area from the end of World War II
to Goggin's death in 1964.
In 1956 Sears reported on a large village and mound complex at the mouth of Turner
River on Chokoloskee Bay south of Marco Island, and in 1967 on the results of a survey
of the Cape Coral area. Laxson (1966) reported on excavations at Turner River Jungle
. Garden site, upriver from the Turner River site, although these have been confused in
recent accounts.
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Agenda Item No. 8F
June 6, 2006'
Page 190 of 246
Van Beck and Van Beck (1965) e~i.cavated three small test pits on Marco lsland (at the
Marco midden, 8CR48) associated with the Cushing site (8CR49). Their description for
the placement of the three test pits excavated would place them less than 900 feet east of
the subject parcel. The subsequent article concerning the Van Becks' efforts in the
Florida Anthropologist, March, 1965 was some of the first reported scientific
archaeological work to come from the southwest Florida area in nearly twenty years.
In 1967, 1968, 1969 Marco Island was extensively surveyed and a few sites tested by
excavation by Cockrell, Morrell and others (Morrell 1969). No complete site report was
ever published although an unpublished and incomplete manuscript is available. Some of
these sites were discussed in Cockrell's masters thesis (1970). Widmer performed a
survey of Big Key, John Stevens Creek, Barfield Bay, Blue Hill Bay, and Collier Bay (all
close to Marco Island) (Widmer 1974). Widmer eventually utilized his southwest coast
'experience to write a doctoral dissertation on the Calusa that not only remains the
definitive work on that group, but also explores the relationship between subsistence
adaptation and cultural evolution (Widmer 1983).
In Lee County, Arlene Fradkin and other investigators from the University of Florida
.began an ongoing involvement with the Pine Island SoundJSanibel Island area with her
investigations at the Wightman site on northern Sanibel Island (Fradkin, 1976).
McMichaels (1982) produced a.masters thesis reviewing sites on Horrs Island. In. 1983
Marquardt began a series of investigations at Josslyn Key, Useppa Island, Pineland,
Buck Key, Galt Island in Lee County (Marquardt, 1984, 1987, 1988, 1992) and Big
Mound Key in Charlotte County. Marquardt and Russo have investigated Horrs Island in
Collier CountY. A number of the large shell midden village sites appear to be' late
Archaic, and they expect to document a more elaborate social organization and larger
sedentary or semi-sedentary population sizes than previously known for that period
(Russo 1990, and pers. corom.).
Most of these studies focused on the coastal sites, as have subsequent summaries and
discussions. Recent work on the interior have made significant advances in documenting
the extent and ~ntensity of inland resources, especially in the Big Cypress and Everglades
parks (Ehrenhard, Carr, and Taylor 1978, 1979, Ehrenhard and Taylor 1980, Ehrenhard,
.Taylor and Komara 1980, Taylor and Komara 1983, Taylor 1984, 1985). Synthesis of
this data is available only for the Everglades Park (Griffin 1988) and this is definitely the
most important single publication .on south Florida archaeology to date. Athens (1983)
summarized some of the results of the Big' Cypress survey, but more analysis of this data
resource is needed.
Beriault et al. (1981) reported on salvage excavations at Bay West Nursery (8CR200),
describing a well known but rare and little documented Early and '.Middle Archaic use of
ponds for cemeteries. This site adjoins the subject parcel in Section 22 (Figure 2).
In 1995 Drs. Randolph Widmer and Rebecca Story began an ongoing investigation at the
Key Marco Midden. In this first season they excavated with the help of graduate ,students
9
Agenda Item No. 8F
June 6.2006
Page 191 of 246
and volunteer$. fhe resultsu! theu work have appeared 10 the} loric.!a AnlhrupolugzsT
(Widmer, 1996). ..
In the last two decades the pressure of development as well as a recognized need for
preservation or mitigation of prehistoric sites has led to a number of reports by
commercial cultural resource management consultants. While most of these reports are
limited in scope due. to restriction to a small tract of land, many have produced useful
summaries of regional archaeological. as well as insightful analysis of the relationship
between site types and location and ecotypes. (Almy and Deming 1982, 1986a, 1986b,
1986c, 1987, Austin 1987, Carr and Allerton 1988a, 1988b, Deming and Almy 1987,
1988, Fay and Carr 1990, Fubrmeister et al. 1990, Martinez 1977, 1vfiller and Fryman
1978, Swift and Carr 1989). .
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Arthur W. Lee, John Beriault and others in the Southwest Florida Archaeological Society
(SWF AS) have recorded and investigated a large number of archaeological sites in
Collier and Lee Counties. It is an ongoing effort of the Society to publish and disseminate
reports and manuscripts (Lee et aI. 1993, 1997, 1998, Beriault 1973, 1982, 1986, 1987,
. Beriault and Strader, 1984). Many of these reports deal with small interior seasonal sites.
This avocationist society is one of the strongest voices for the protection of Collier and
. Lee County archaeological resources, and they have been car~ful to document and
control their excavations, the majority of which are salvage operations 00.. sites that have
been heavily impacted. In. addition Beriault has provided several unpublished
manuscripts as to site types and areas (Beriault 1972, 1987).
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The Archaeological and Historical Conservancy has done work on several large parcels.
. in the Rattlesnake Hammock area. In 1993, ARC personnel investigated the Lely Estates
Parcel directly west of the present subject parcel locating seven prehistoric sites (Carr and
Steele 1993). In 1998, ARC personnel performed a phase one assessment of the three
square mile Winding Cypress Parcel ~mile south of the subject parcel locating eleven
prehistoric sites (Beriault and Carr 1998). In July, 2003 the ARC investigated the 40 acre
Newton PUD parcel area immediately west of the subject parcel discovering three new
sites, eR873, CR874, and CR875, all middens, and an easteni component of CR726, the
Buschelman Site~ a large black dirt midden (Beriauh 2003). In February, 2004, a 2300
acre tract called the Feathers parcel to the east and surrounding the subject parcel area
was investigated by ABC resulting in the discovery of five archaeological sites (Beriault
2004). A review of the Florida "Master Site File indicates at least 12 prehistoric sites are
located within three miles of the subject parcel. These sites include CR726, CR873,
CR874, and CR875 which are found adjoining or in the immediate area of the subject
parcel.
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Agenda Item No. 8F
June 6, 2006'
Page 192 of 246
<';ultul'al Summar;'
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The indigenous prehistoric cultures of southern Florida were first classified as a cultural
area in '1936 when the archaeologist Matthew W: Stirling defined a Glades cultural area
including all of south Florida (Carr) Steele, and Davis 1994b:9~ Milanich 1994:5-6),
Griffin (1988) points out that this was not formulated as a strict cultural area, but rather a '
geographic region with some common cultural traits.. Kroeber (1939) in a review of North
American prehistory followed Stirling by utilizing a slightly different term the "South
Florida Area" and also basing his definition on both environmental and cultural factors.
Subsequently John M. Goggin delineated more particular boundaries for southern Florida
and divided the region into three sub-areas: "Okeechobee" around Lake Okeechobee, .
"Tekesta" for southeast Florida and the Florida Keys, and "Calusa" for Southwest Florida
(Carr, Steele, and Davis 1994b:10; Goggin 1947:114-127).
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Following Goggin's study, subsequent researchers have refined or altered the cultural
distinctions. attributed to southern Florida's prehistoric populations. There has been
criticism that Goggin's names and definitions were based on historic accounts of the
main (proto) historic groups found in the respective regions and not. on the archaeological
evidences of' spatiaVtemporallcultural differences (Sears 1966) Griffin 1974, Carr and
neriauh 1984, Griffin 1988). John W. Griffin, in particular, questioned the distinctions.
He believed in cultural uniformity that was varied only by local environmental conditions
, and ceramic exchange rates. Griffin believed the inhabitants of prehistoric southern
Florida were largely dwelling on the coast and that the interior was nearly uninhabited
and under-utilized. Griffin designated the entire southern Florida region as the Circum-
Glades" area (Eck 1997:5, Griffin 1974: 342-346). This new designation was taken up by
a widely-circulated book on Florida archaeology by Milanich and Fairbanks (1980) as a
Circum-Glades region. Griffm later (1988) retreated to some extent from his earlier
position as further research (particularly by Ehrenhard, Carr, Komara, and Taylor in the
. Big Cypress and Carr in the eastern Everglades in the 1970's and 1980's) showed
abundant sites (and concomitant use and habitation) in the interior and Everglades. .
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Carr and Beriault. in particular, have taken issue with the concept of a Circum-Glades
region. Carr's researches in: the Big Cypress and Everglades and the variation of key
cultural markers (particularly decoration of ceramics) formed the basis for the contention
. there was abundant evidence for cultural (and probably political or tribal) diversity in the
several areas of south Florida. Carr and Beriault particularly noted and' defIned
. differences between the lower southwest Florida coast which they termed the "Ten
Thousand Island" region and the area to the north which they called the
"Caloosahatchee" region. This latter area they believed to be the seat of the historic
Calusa cbiefdomship, although previous (and some subsequent) researchers have cilled
the entire southwest Florida from Cape Sable to the Cape Haze peninsula (and beyond) in
Charlotte County "Calusan.
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Griffm in his definitive 1988 synthesis on Everglades archaeology attempts to reconcile
and refine some of conflict in the definition of south Florida prehistoriclhistoric culture
areas. As stated by Carr; Steele, and Davis (1994), "the issue... appears in part to be one
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Ag.enda Item No. SF
June 6, 2006
Page 193 of 246
of trying to determme the significance of regional and temporal variation, rather than
whether these differences are real." There is evidence that changes through time in
regional political affiliations or realties makes any model not addressing this complex:
issue two-dimensional. The Calusa hegemony that was in place by the time of the arrival
of Europeans, and this may have begun as early as 800 .AD in the Ten Thousand Island
"district" or area (Griffin 1988:321; Carr, Steele, and Davis 1994b:12). There is currently
ongoing research to further refine present thought as to cultural affiliations in south
Florida (Robert S. Carr pers comm.). It would seem only a matter of time before new
directions and emphases provide a more accurate summation of what we can hope to
learn .about cultural affinities.
As best as can be described using the present models, the coastal zones of. Collier
County/southern Lee County contain the potential for three distinct culture areas. The
subject tract lies thirty miles from the projected interface by Carr and Beriault (1984) of
the Caloosahatchee area (called the "the <heartland' of the Calusa", Carr, Steele, and
Davis 1994b:12) to the north and the Ten Thousand Islands area to the south. At a yet
undefined point to the east lies the Okeechobee cultural area,lJut the boundary, if it is a
definite,. fixed one, is likely to occur somewhere in the vicinity of the Immokalee rise
forty. miles or more to the north~ of our subject tract. Further work is in progress by
. Robert S. .Carr (per comm.) to help address the issue of where the southwest boundaries
of the Okeechobee culture area may be expected to occur.
Temporal Periods and Adaptations
At the same time that south Florida archaeological cultural models.have evolved over the
past 60+ years, so have the temporal markers or framework on which we base evolution
of that culture. Much of this latter effort bas resulted from comparisons made of the
recovered artifacts from the 100+ year period of scientific and nonscientific excavation
and collection by the various individuals and institutions (and others) enumerated in part
above. This Floridian effort must be seen against the broader background of
archaeological work in eastern North America and the New World as a whole. All of
theSe efforts have been: mutually complimentary and certainly not exclusive.
The greater the region considered, the greater the variation, but archaeology has to date
hammered out a temporal framework accepted by the greater portion of the academic
archaeological community. In general, for south Florida, the following periods and
adaptations seem to be generally accepted. Part of this chronology involving the later or
Formative period is called the Glades sequence in honor of John M. Goggin, the greater
part of whose work in defining the ceramic sequence or markers has withstood tbe test of
time and subsequent criticism. From Goggin's day to present pottery variability in form,
substance, and decoration has proven useful for providing time markers, at least for the
archaeologically-brief (:!: 3500 year) period spanning the late Archaic and Formative
periods it was produced. Artifact types and their variations. have, to present, proven
som~hat less reliable as absolute indicants of prehistoric age. Radiocarbon dating, a
phenomena of the last 30+ years, provides, within the given variability, expressed in :!:
. years BP (before present), a relatively absolute date for a given sample and provideS a
12
Agenda Item No. 8F.
June 6, 2006
Page 194 of 246
.yardstick to measure traits or distinctior,s in prcvenienced artifacts. Determining and
adequately defining what traits we can discern against this absolute is part of the ongoing
function of the regional archaeological effort.
The following information is generalized and abbreviated. The dates m:e approximate;
transitions between periods are in reality more gradual that the way they are expressed for
convenience. Dates are expressed in years before present (BP) which is more consistent
with radiocarbon dating termination than the better-known. and more widely used
B.C.lA.D. system.
Paleo Period (14.000 - 8.500 BP)
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Native Americans began moving- into the southeastern portion of North America and
Florida at least 10.000 years BP. There are no known Paleoindian sites in Collier
County. Several are documented from elsewhere in south Florida, including Warm
. :Mineral Springs' and Little Salt Springs in Sarasota County (Cockrell. and Murphy. 1978;
. Clausen and Gifford, 1975), Harney Flats in Hil1sborough County (Daniel and
Wisenbaker 1987) and the Cutler Fossil Site in Dade County (Carr 1986).
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During this period (terminal Wisconsian ice age) the climate was probably less extreme.
.with cooler su~ers arid warmer winters. The climate was also drier. and sea levels
lower (Carbone 1983. Allerton and Carr 1988a, Griffin 1988).
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One reason that possible Paleo period sites are recognized in Collier and Lee Counties is
that the shoreline may have been as much as 1 00 miles further west due to lower sea
levels. Drier conditions may have made the interior very inhospitable, while any shallow
estuarine and littoral sites were flooded by post-ice age Holocene sea rises.
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Any possible interior sites may be unrecognizable due to lack of diagnostic artifacts,
subsequent reuse of site areas. low population density, and few permanent camps. These
and other factors may help explain the absence to date ofidentifiable Paleo period sites in
Collier and Lee Counties, but the southwest Florida coast. south of Charlotte Harbor may
. have been uninhabitable during this period due tei an absence of key conditions for the
successful hunting oflarge game, a trait of the Paleo period.
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Following the Paleo period, the cultural sequence is termed Archaic. This period reflects
a post-Pleistocene shift in adaptation marked by an increase in the seasonal exploitation
of a broad spectrum of food resources. possibly a more restricted use of territory due to
regional. specialization, and more semi-sedentary habitation sites. No ceramics are known
until the Late Archaic.
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There is. as yet, no firm evidence of man's presence in southwest Florida during the
Paleo period. This apparently is true also for the Early Archaic (8500-7000BP), as there
is. evidence of an environment to. arid to support scrub oak, and the presence of shifting
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13
Agenda Item No. 8F
June 6, 2006
Page 195 of 246
wind fonned dunes ("Wans i973, 'Widmer 1983). No earl} Archaic sItes are kno'\.Yn from
, southwest Florida (Allerton and Carr 1988:14).
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By about 6500 BP m~sic conditions began to spread, although localized xeric conditions
.continued (and still exist in sqme areas) through south Florida. Middle Archaic sites
dating from this time are rare, although the Bay West Nursery site (8CR200) in Collier
, County (next to the subject tract) and the Ryder Pond site (8LL1850) in Lee County near
Bonita Springs and the subject tracts provide evidence of occupation, as do several sites
in southeast Florida. The Bay West site is a Middle Archaic cypress pond cemetery;
associated with a lithic scatter. The Ryder Pond site is a similar mortuary pond site
surrounded by pine flatwoods (Carr 1995). Beriault has also recorded several aceramic .
shell.' scatters in coastal sand hills (paleo dunes), some of which may date to the Middle'
Archaic.
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However, Griffin (1988) summarizes evidence indicating that despite the rise of available
surface water, brackish estuaries and other major modern landscape features had not
formed, and'population (or repopulation) was still sparse.
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During the Archaic period sea levels began to rise at a fairly rapid rate, estimated at 8.3
em. per 100 years 6000-3000 BP, and 3.5 em per 100 years afterwards (Scholl,
Craighead,. and Stuiver 1969), although whether sea levels were steadily rising or
oscillating is still unclear (see Griffin 1988, Allerton and Carr 1990 for recent reviews of
the literature). Data is somewhat difficult to sort out as sea level rise was in places
accompanied by both shore regression and transgression. As conditions became wetter.
(and warmer) in the interior, cypress swamps and hardwood sub-tropical forests became
established by about 5000 BP (Carbone 1983, Delcourt and Delcourt 1981).
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By late Ivfiddle or early Late Archaic times (4000 years BP) there were significant shell
mounds and middens on Horrs Island, Marco Island, and elsewhere in the coastal regions,
suggesting that the estuary system had been established and was being utilized to provide
the subsistence basis for denser populations and semi-sedentary settlements (Morrell
.1969, CockreU' 1970).
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At Useppa Island in Lee County excavations have provided radiocarbon dates from pre-
ceramic shell middens ranging between roughly 4900 BP and 5600 BP, suggesting that
the :Middle Archaic as well as Late Archaic periods saw a growing dependence on
shellfish resources (Milanich et al. 1984). There are aceramic coastal sand hill and
interior wetland sites as well, but these have not been demonstrated to be Archaic despite
some investigators equating aceramic with preceramic, and radiocarbon confirmations are.
needed.
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Allerton' and Carr also note that a number of stratified sites in the wet mangrove and
marsh areas of the Everglades as well as on Horrs Island contain Archaic preceramic
horizons, although it is unclear if. aceramic is being equated with preceramit. Additional
supporting evidence of interior use by Archaic peoples will provide a new dimension to
. archaeological understanding of Archaic resource utilization.. Allerton and Carr point out
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Agenda Item No. 8F.
June 6, 2006
Page 196 of 246
iliat if the wet lree islands were mitia!1y used by .~chalc people, then at least some of the
. hardwood hammocks in swamp environments were raised in elevation (with subsequent
changes in vegetation) due to human activities. Post-Archaic people extensively utilized
these hammocks and continued to advance their development as distinct geomorphic
features. This is obviously an area where additional archaeological investigations have a
potential to contribute to understanding the. interaction of geomorphic and cultural
evolution in southwest Florida.
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During. the Archaic regional specializations became more marked, nbt only with material
culture but also with distinct local utilization of local plant and aromal resources.
Toward the end of the Archaic there was the introduction of fiber-tempered pottery into
the archaeological record, and this is often used as a marker of the Orange Phase,
commencing at about 4000 BP, either coincident with or soon after the development of
the extensive shell middens. The Late Archaic Orange Phase subsistence strategy appears
to have intensified the use of shellfish and marine resources as well as being marked by
an accelerated trend toward regional specializations.
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A number of the large shell middens on Marco Island (Cockrell 1970), Horrs Island.
(Russo n.d.), Cape Haze (Bu1~en and Bullen 1956): and elsewhere date from at least this
period as they contain fiber-tempered ceramics, although as noted, there are known
aceramic (preceramic?) levels below the Orange Phase deposits that may date to the
Middle Archaic. These shell middens are usually capped by deposits from later
occupations as well.
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Formative StaS!:e or Glades Periods (2500 BP ."500 BP)
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The Formative or Glades adaptation, similar to (though with increasing specializations in
gathering strategies and tool-making) was based on hunting, fishing, and the harvesting
. of shellfish and plants. Earlier writers have typed this hunter-gatherer society as primitive
(Kroeber 1939: said the culture was "low-level"). However, there is certainly evidence
from the specialization of tools, the beautifully executed wood carvings from Key Marco.
in Collier County and those from Fort Center near Lake Okeechobee (Cushing 1897,
Sears 1982), and the historic accounts of the Calusa hegemony, that the south Florida
area had an advanced culture that Goggin (1964) has called a "stratified non-agrarian
. society". .
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The preceding Late Archaic late Orange phase (also known as the transitional phase) is
marked by changes in pottery, and terminated with the relatively rapid replacement of
fiber-tempered pottery with sand-tempered, limestone-tempered, and chalky 'temperless'
pottery, as well as changes in style and often reduction in size of stone projectile points.
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The Formative Stage (beginning about 2500 BP) is divided in south Florida into the
Glades periods sequence. Subsistence adaptation is marked by a narrowing spectrum of
resource use, as well as continued trends toward regional .diversity and ecological
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Agenda Item No. 8F
June 6, 2006
Page 197 of 246
specIalizatIOns, marked In pan by the proliferation ot mland resource extraction
encampments.
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Formative period cultural evolution eventually led to increased political sophistication,.
perhaps initially of modest dimensions but culminating in broad regional political
alliances and regulation of materials and gaods (Le. resources) between the coast and
inland areas (Milanich and Fairbanks 1980). By protohistoric and contact times the
Calusa were the dominant tribal group, gaining broad political influence and at least
'partial control over much af sauth Flarida as far north as central Brevard Caunty.
Historically, the main Calusa village has been regarded as "Calos" on Maund Key in
Estero Bay in Lee Caunty, althaugh 50 to 70 large villages were under direct Calusa
contral by .cantact times (Griffin 1988).
During the Farmative periods, village sites grew to the proportiOlis af large multi-use
complexes, particularly along the coast and barrier islands af southwest Flarida. Same af
the projected intra-site functions of the elements af these complex shellworks were as
temples, canals, causeways, temple and platfarm maunds, cOurtyards and watercauris.
Current research involving the excavating af large contiguous areas af these shell maund
camplexes (Widmer 1996) is beginning to. establish demanstrable uses far the featuresaf
these large sites which heretqfare were speculated upon by even the most careful
archaeologists.
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Tidal estuary rivers and' inland hammocks alang deep water slaughs, marshes, and
permanent pands were seasanally visited for extraction af natural resaurces, and are now
marked by small to. relatively large bl.ack dirt middens, same af which may have been
semi-permanent hamlets. The pine and cypress tlatwoads (such as those historically
covering the majority af the subject traCts) appear to have' supparted few sites, although
areas araund Lake Trafford and ather rich interior areas develaped. substantial sites
including sand maunds and may be mare similar to. the Okeechabee cultural area than to
the coastal cultures.
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In 1993 Carr and Dickel excavated an apparent Deptford Periad burial maund (the Oak
Knall Site) in the Banita Bay Tract north of the Imperial River. Exatic trade items and
seventy ar more human burials were among the material findings. The resulting
conclusians (Carr and Dickel 1993) and subsequent surveying and testing of the Bonita
Bay Shell warks (8LL 717) (Carr and Dickel 1993) suggest social stratificatian and
comPlexity may extend further back into. the' past than the Farmative periad.
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Caastal sites (shell middens) reflect a predaminate dependence on fish and shellfish, Wild
plant foads and pro~ucts and larger inland game. The inland sites show a greater reliance
an interiar resaurces including large, medium and small mammals,' turtle, small
freshwater fish, alligator, snake, frogs, and sametimes freshwater shellfish. Interior and
coastal resaurce exchange can be daCumented by the consistent finds af moderate
amaunts af marine shell in many interior middens, as well as interior resources in coastal
middens.
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Agenda Item No, 8F.
June 6, 2006
. Page 198 of 246
rhe rormauve stage t\.vnh a nod to John h1. Goggin) has been often termed the Glades
cultural tradition. Much of this "tradition" is keyed to decorated ceramics that are usually
in the minority in the archaeological record, the better part of recovered (rim) sherds
being plainware. However, despite this, pottery (and its decoratio~s) is usually utilized as
the major temporal marker(s) for fitting sites into a temporal framework. Changes jn
pottery do not represent mere changes in artistic motifs, but reflect inter- and intra-
regional trade contacts, outside cultural influences (possibly through exogamy, shifting of
populations, and even the evolution of a culture through time. Whatever the influences,
the Glades tradition is continuous from post-Archaic times to contact times.
Despite the fact exogamy is likely to have been practiced, traders or other specialists
probably moved between major cultural areas in small numbers, and genetic flow
probably accompanied cultural exchange~ although perhaps not on the same scale. This
may have increased in later times due to use of traditional obligations of kinship and
.intermarriage to stabilize alliances that were not codified into a formal legal system.
The foliowing table has b~ modified from several sources, but is in large part based on
MUanich and Fairbanks (1980), Griffui (19&8), and Allerton and Carr (1990). Dates have
been rounded somewhat and translated to Before Present (BP). There are some
. .differences of opinion (particularly about the timing of Glades Ia and Ib division) as to
timing. Much of this may reflect both a regional and temporal mosaic of 1J;'ansitions
which can be reconciled by further research. The rate or pace of change may vary even in
a culturally-unified region such as the Glades area.
TABLE 1 : GLADES CULTURAL SEQUENCE
Glades Ia (2500 BP - 1500 BP) First appearance of sand tempered
plain pottery, but little else to mark
a difference and the preceding Late
Archaic. Sand tempered plain
remains a predominate type .
throughout the Glades' sequence.
Glades Ib (1500 BP - 1250 BP) First appearance of decorated sand-
tempered ceramic (Ft Drum Incised,
Ft. Drum Punctated, Cane Patch
Incised, Turner River Punctate),
plainware common. Pottery rim
grooving and incision decorations
bec?me widespread.
Glades ITa (1250 BP - 1100 BP)
17
First appearance of Key Largo
Incised, Sanibel Incised, Miami
Incised, plainware common.
Distinction between ceramics of
southeast and southwest
Glades lIb (1100 - 1000 BP)
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Agenda Item No. 8F
June 6, 2006
Page 199 of 246
Florida becomes apparent. Ten
Thousand Island area distinct from
Caloosahatchee area. First mound
construction - increased social
stratification? Population size may
have approximated that at contact
First appearance of Matecumbe
Incised, Key Largo Incised Common
on east coast, Gordon's Pass Incised
on the west, plainware common .
throughout.
First appearance .of Plantation
Pinched, but few decor8.ted wares
with a preponderance of plain-
ware (there is some evidence of
population reduction - perhaps
, due to a cataclysmic event). Non-
local pottery (e.g. St. Johns chalky
ware plain and check stamped, Belle
Glade Plain) appear.
First appearance of Surfside Incised,
increasing quantities of St. Johns
pottery (especially on East Coast),
and Belle Glacie pottery.
Glades Tooled rims appear (rare on
West Coast), zoned punctate designs
but general decline in incised decor-
ation. Belle Glade ceramics common
on west coast. St. Johns ware present
but rare on West Coast, common on
East Coast.
Continuation of IITb ceramics; with
pronounced flaring of rims and em-
bossing on Glades Tooled ceramics.
Mound burial construction less
common with intrusive burials 'into
existing mounds, appearance of
. European goods, plainware common.
By European contact times (first half of the 16th century) the southwest coast of Florida
was maintaining without an agricultural base, a vigorous, possibly expanding political
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Agenda Item No. 8F
June 6, 2006.
Page 200 of 246
chiefdom \.vith ii broad m::tvvOll. uf alliance:), a:s vvell as a rich and ancient cultural
tradition.
Direct. conflict with Europeans and, more importantly, exposure to European diseases led
to. the rapid decline of the Calusa. By the mid l700s their numbers had greatly
diminished. The remnants of this once-powerful tribe may have left south Florida in the
1760s with the Spanish, for relocation in Cuba. Others may have become
. indistinguishable from Spanish Cuban fishermen who worked the great fishing "ranchos"
in the Pine Island Sound region catching and salting fish for export to Cuba. Other
groups of indigenous native Americans may have fused with the Creek derived
Seminoles as pressures from colonial (and later) white encroachment on their traditional
territories forced them into the Big Cypress and Everglades area by the 1830s. By this
" time most of the cultural identity of pre-contaq times had been lost, although some of the
Ca.hisa subsistence strategies may have been in part adopted by Seminoles. A number of
Seminole period sites' have been documented on earlier Glades middens. This
coincidence may in part reflect the paucity of high land in the interior (Ehrenhard et ai.
1978, 1979, 1980, 1980; Taylor et al. 1983, 1984, 1985). Older midden sites (particularly,
those called "black dirt" middens) can be rich agriculturally as well as archaeologically,
making these foci for historic Seminole gardens and citruslbananal papaya groves.
Seminole penods in south Florida are divided into I (1820-1860), II (1860-1900) and ill
(1900-1940) (Ehrenhard et al. 1978). Post-1940 Seminole camps are designated "Late
Seminole" in some reports. These designations reflect the different stages of Seminole
migration into south Florida, Seminole displacement and active conflict with the
expanding' AIIierican culture, and the eventual refuge by Seminole remnants in Big
Cypress and Everglades regions.
The present survey did not locate Seminole period sites, although military records, and in
particular several sketch maps by military personnel done in the 1830's and 1840's and
the Ives military map of South Florida (1856) shows evidence of investigations at and
near "Fort Simon Drum" and areas to the south, east and west near "Temporary Depot
, No.1", "Fort Keais';, "Fort Doane",. "Billy's To~ and "Cholalapalka" in search of
Seminole camps not far from the subject parcel. .
Seminole Wars in the Southwest Florida Area
The .advent of the Second and Third Seminole Wars. (1834-38, 1855-58) disrupted the
peaceful settlement of the Southwest Florida region. There were a number of forts,
"temporary" and permanent, established along the Caloosahatchee River during this time.
Fort Myers was created (first as Fort Harvie), nam~ and first occupied as the chief fort
of the region. Fort Dulaney was established at Punta Rassa near the mouth of the
Caloosahatchee in 1837 and occupied intermittently through 1841, and again in 1855.
After a hurricane pretty much destroyed Ft. Dulaney in.1841, Fort Harvie was established
upriver. The name of this fort was later cha.Iiged in 1850 by its commander General
Twiggs to honor his new son-in-law, CoL Abraham Myers.
, 19
Agenda Item No. 8F
June 6, 2006
Page 201 of 246
From this central administrative point, a line of forts were established up the
Caloosahatchee. They were: Fort Denaud, Fort Adams, Fort Thompson, and Fort Center
on Fisheating Creek leading into Lake Okeechobee. Other forts and "temporary depots"
were established south into the Big Cypress Swamp such as Fort Simon Drum,
Temporary Depot Number One, Fort Doane, Fort Simmons, Fort Keis, Fort Foster, Fort
Shackleford, and others. Several local informants inCluding personnel of the Big
Corkscrew Island District Fire Department have indicated to ARC the suspected presence
. of a Seminole War encampment or fort (possibly Fort Doane) fourteen miles southwest
of the subject property. These reports are fairly vague as to position (the intimation is that
the informants base their beliefs on perusal of several old maps).
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The Ives Militaiy Map (1857) gives the location of Fort Keais as Lat. 26-15, Long. 81-
23. Fort Dqane lies 11 miles southwest by west, according to the same source. An 1875
railroad map, "New County Railroad and District Map of Florida" gives the position of
Fort Doane as Lat. 26-24, Long. 81-10. Another reference indicates it is Section 12,
Township 47S, Range 32 E with Fort Keais in Section 3, ToWnship 48S, Range JIE.
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A 1923 land map of South Florida depicts Ft. Doane as being 2.5 miles south and 4.5
miles west of Immokalee. In 1941 Josie Billie, a prominent Indian medicine man and
tribal representative was asked by D. Graham Copeland, county manager, about various
Seminole War landmarks but indicated he knew nothing about the locations .of Forts
Foster, Doane, Harrell, Prophet's Landing, or Cholalapalka.
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The Rattlesnake Hammock area has always been a magnet for both prehistoric or historic
people. There is evidence from military maps of Seminole Wars period that various
villages and encampments of Seminoles were i,n the general area of the hammock. By the
1880s, various white settlers and homesteaders such as the Whiddens, Carrolls, Smiths,
and Kirklands had settled the area of Henderson Creek immediately south of Rattlesnake
Hammock. These early settlers farmed the Henderson Creek area and hunted up into
Rattlesnake Hammock. Various early sportsmen visiting or wintering in Naples took
oxcart trips into the Rattlesnake Hammock area to hunt. The advent of the Tamiami Trail
in the late 19205 further opened access to the area. The completion of the Atlantic
Coastline Railway by 1928 also enabled logging of pine and cypress in the Belle Meade
area south of Rattlesnake Hammock. State Road 951 was created in the late 1950slearly
19605 and opened up Rattlesnake Hammock to development by modern landholders. The
Sabal Palm Road community was created in that time period. Landscaping demands .in
the rapidly-developing Naples area caused early residents such as the Langford family
and <<Monkey" Hunter to dig and transport cabbage palms from the Hammock. Other
individuals such as Seth and Buster Johns harvested cypress trees for their sawmill on
Johns Road near the subject parcel. The area today is seeing increasing density of
development . with condominium communities and upscale single family home
construction being created along the Collier Boulevard (County Road 951) corridor.
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Agenda Item No. 8F.
June 6. 2006
Page 202 of 246
. !\'ietbodology
. Archival Research
Prior to conducting fieldwork in the project parce~ relevant archives and literature were
reviewed. This included, but was not limited to, studying previous archaeological reports
for sites in Collier County, reviewing information from the Master Site File in
Tallahassee concerning nearby sites, and examining USGS maps of the project area.
Also, black and white and color aerial photographs from the project area, which could aid
in revealing anthropogenic changes to the topography and floral coinmunities, were
interpreted.
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This phaSe 1 archaeological survey of the Newton Square parcel incorporated the use of
certain predictive models.- These models are based on topographic and vegetative
attributes that are associated with prehistoric and historic sites in west-central Collier
County. These models postulate that live oak/tropical hardwood hammocks in close
proximity to deep sloughs or marsh ponds have a high probability for being associated
with prehistoric sites. The elevational information on the USGS Belle Meade quadrangle
map for the area also was used. It was determined that overall, the project parcel had a
high to moderate probability of containing archaeological sites because of the
topographic/vegetative diversity in the subject parcel. Four high probability targets were
identified from the aerial photographs or botanical survey maps. Previous assessments in
. adjacent areas with high hammocks by AHC investigators had located numerous
prehistoric sites.
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All areas of the parcel were assessed by pedestrian ~wvey. Initial visual inspection of the
20-acre subject parcel identified four targets of high to medium archaeologk:al
probability (Figure 2); the rest of the study area being deep marsh/slough areas. The four
targets were elevated- .tropical hardwood hammock areas. Ten 45 em square shovel tests
were' excavated in the four targets. All holes were excavated to the top of the bedrock or
sterile soils. Sediments from the holes were passed through a ~ hardware cloth screen.
All cultural material was collected. A stratigraphic profile of each test hole was recorded.
and then the hole refilled. Each shovel test was marked with a pin flag and labeled with
the corresponding grid coordinate and shovel test number.
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Eight field specimens of archaeological material (FS-I through FS-8) were recovered and
.sent to the office at Davie for processing and conservation.
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Agenda Item No. 8F
June 6,2006
Page 203 of 246
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Informants
No informants were interviewed for this project.
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Agenda Item No. SF
June 6, 2006'
Page 204 of 246
Figure 3. View east Gene EIjavec
examines large camphorwood trees
growing on 8CR875.
Figure 4. View southeast Gene
Erjavec sifts material from
Shovel Test #2 in 8CR875.
23
Agenda Item No. 8F
June 6, 2006
Page 205 of 246
Results and Conclusjon~
This phase 1 assessment of the 20 acre Newton Square parcel resulted in the investigation
of all parts of the subject parcel. Four medium to high probability archaeological targets
were identified. Ten test holes were dug in the four targets with the result that all four
areas tested positive for archaeological materials. Three of these discreet high ground
hammock ridges are newly recorded archaeological sites; these are sites CR895. CR897,
and CR898. The fourth site is an eastern extension of the Hamelia Midden Site, 8CR875,
recorded in a previous survey on a parcel adjoining the subject parcel to the west
(Beriault 2003).
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All of the sites on the subject parcel are black dirt middens. All four sites are of at least of
local significance and are potentially eligIble for listing on the National Register of
Historic Places under Criterion D. (NRHP Code of Federal Regulations, 36CFR Part
60.4) as sites: That have yielded, or may be likely to yield, information important in
prehistory or history. .
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In addition, previous work at the western component of the Hamelia Midden, 8CR875,
noted human remains, likely from a human burial (Beriault 2003).
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It is possible that the high site density that occurs here is because 6fthe area's association.
with the deeper marsheslhigh ground hammock areas of Rattlesnake Hammock that
surrounds the subj ect parcel. Due to the moderate size of the subj ect parcel, however, it
is possible that. additional archaeological material, features or small sites could occur.
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The four archaeological sites may in part or whole be preserved as greenspace as part of
an . agreement to develop the Newton PUD parcel immediately west of the subject parcel.
If development is scheduled for the subject parcel that will impact any part of the four
sites. further archaeological work should be performed as mitigation to any adverse
impacts to the sites. Any demucking of ponds should be subject to monitoring by an
archaeologist. If any archaeological materials are encountered during developrp.ent, then
the consultant archaeologist and appropriate agencies should be notified. If human
remains are found then State Statute 872.05, the Unmarked Human Graves Act, will
apply.
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.. Agenda Item No. 8F.
June 6, 2006
Page 206 of 246
Results and Conclusions
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This phase 1 assessment of the 20 acre Newton Square parcel resulted in the investigation ~9$
of all parts of the subject parcel. Four medium to high probability archaeological targets/'
were identified. Ten test holes were dug in the four targets with the result ~t our
areas tested positive for archaeological materials. Three of these discreet hi ground
hammock ridges are newly recorded archaeological sites; these are sites CR ,CRoee;-- B1 "
and CR . The fourth site is an eastern extension of the Ramella Midden Site, 8CR875,
recorded n a previous survey on a parcel adjoining the subject parcel to the west
(Beriault 03. B't8
All of the sites on the subject parcel are black dirt middens. All four sites are of at least of
local significance and are potentially eligible for listing on the National Register of
Historic Places under Criterion D. (NRHP Code of Federal Regulations, 36CFR. Part
60.4) as sites: That have yielded. or may be likely to yield, irrformation important in
prehistory or histOlY. .
In addition, previous work at the western component of the Hamelia Midden, 8CR875,
noted human remains, likely from a human burial (Beriault 2003).
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It is possible that the high site density that occurs here is because of the area's association
with the deeper marsheslhigh ground hammock areas of Rattlesnake Hammock that.
surrounds the subject parcel. Due to the moderate size of the sUbject parcel, however, it
is possible that additional archaeological material, features or small sites could occur.
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The four archaeological sites may in part or whole be preserved as greenspace as part of
an agreement to develop the Newton PUD parcel immediately west of the subject parceL
If development is scheduled for the subject parcel that will impact any part of the four
. sites, further archaeological work should be performed as mitigation to any adverse
impacts to the sites. Any demucking of ponds should be subject to monitoring by an
archaeologist. If any archaeological materials are encountered during development, then
the consultant archaeologist and appropriate agencies should be notified. If human
remains are found then .State Statute 872.05, the Unmarked Human Graves Act, will
apply.
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Site Name:
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Environmental Setting:
Location:
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Agenda Item No. 8F
June 6, 2006
Page 207 of 246
Summary of Sites
Ramelia Midden (eastern component)
8CR875
Tropical hardwood hammock adjoining transverse slough
to south and east. A portion is now a cleared field
Range 26E. Township 50S, Section 23
Black dirt midden
Habitation, resource extraction
This site is characterized by a intensive midden deposit
situated northeast of the Rockedge Midden, CR874, and is
separated from that site by approximately 200 feet. Site
CR875 is located adjacent to a slough to the east. A rim
sherd of Fort Drum Incised dates the site to the Glades Ib
Period (1500-1250 BP). At least one human bone also was
recovered (Shovel test #13, FS-6) in the previous Newton
PUD project (Beriault 2003). The site extends east to the
lower slope of a promontory as it drops into marshy ground
on all sides. The eastern site component is approximately
175 feet east-west by about 100 feet north-south. A
fragment of marine shell w~ found at the entrance to an
anima! burrow near ST -2.
Prehistoric: late Archaic to Glades periods, specifically
Glades Ib (1500-1250 BP)
Faunal bone, ceramics, marine shell. artifacts (FS-1; 2, 3).
Ruman bone was observed but not collected.
Beriault, 2003
25
Preservation Quality:
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AgElnda Item No. 8F.
June 6.2006
Page 208 of 246
F air to excellent, a portion of site . area is in original,
uncleared hammock, the greater portion is now a cleared
field
Private
Site is of least local significance and is potentially eligfble
for listing on the National Register of Historic Places are so
under Criterion D. (NRHP Code of Federal Regulations~
36CFR Part 60.4) as sites: That. have yielded, or may be
likely to yield, information important in prehistory or
history.
26.....
Site Name:
State Site Number:
Environmental Setting:
Location:
Site Type:
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Agenda Item No. 8F
June 6. 2006
Page 209 of 246
Newton Square Ridge #1
8CR896
Tropical hardwood hammock adjacent to marsh sloughs to
north and south.
Range 26E, Township 50S, Section 23
Black dirt midden
Habitation, resource extraction
This site is characterized by an elevated hammock ridge
running slightly NW/SE on its long axis. The mantling
black dirt is shallow. Archaeological material recovered
was characterized as faunal bone. The site is believed to
approximate the high ground portion of the ridge for an .
area of250 feet, north-south, by 50 to 80 feet east-west.
Prehistoric: late Archaic to Glades periods
Faunal bone (FS 7 and 8)
Previous Research: None
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Good to excellent, the site area is in original, uncleared .
. hammock
Private'
Site is of least local significance and is potentially eligible
for listing on the National Register of Historic Places are so
under Criterion D. (NRHP Code of Federal Regulations~
36CFR Part 60.4) as sites: That have yielded, or may be
likely to yield, information important in prehistory or
history.
27
Site Name:
State Site Number:
Environmental Setting:
Location:
Site Type:
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Agenda Item No. 8F
June 6, 2006
Page 210 of 246
Tropical hardwood hammock adjoining transverse slough
to south and east. A portion is now a cleared field
Range 26E, Township 50S, Section 23
Black dirt midden
Habitation, resource eXtraction
This site is characterized by a moderately intensive midderi
deposit situated on a small, narrow elevated ridge area
immediately north of a deep marsh/willow pond area' near
the central portion of the parcel. Ridge orientation is
rougbJy east-west on its long axis. Shovel tests placed at"
either end of the ridge were positive. This area was likely a
processing area for animals caught in the marsh to the
south.. Material recovered waS primarily faunal bone. The
ridge averages 30 feet wide by 100 feet long.
Prehistoric: late Archaic to Glades periods
Faunal bone (FS 4 and 5)
None
Fair to excellent, a portion of site area is in original,
uncleared hamInock, the greater portion is now, a cleared
field .
Private
Site is of least local significance and is potentj,ally eligible
for listing on the National Register of Historic Places are so
under Criterion D. (NRHP Code of Federal Regulations,
36CFR Part 60.4) as sites: That have yielded, or may be ,
likely to yield, information' important in prehistory or
h~~ry.'
28
Site Name:
State Site Number:
Environmental Setting:
Location:
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Newton Hammock
8CR898
Agenda Item No. 8F
June 6, 2006
Page 211 of 246
Tropical hardwood hammock adjoining marsh/slough to
northwest
Range 26E, Township 50S, Section23
Black dirt midden
Habitation, resource ~tion
This site is characterized by a moderately intensive nndden
deposit situated southeast of a large circular willow
marsh/slough in the extreme southeast comer of the subject
parcel. It is largely elements of this midden extend into the
adjoining properties to the south and east. A moderate
amount of faunal bone was recovered from one shovel test.
, It is likely the site boundaries are coincidental to the upland
hammock area. The site area is approximately 75 feet east-
west by lOO feet north-south. '
Prehistoric: late Archaic to Glades periods
Faunal bone (FS 5)
Previous Research: None
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Good to excellent, the areas to the south. and ,east have
"improvements" by different property oVVIiers
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Site is of least local significance and is potentially eligible
for listing on the National Register of Historic Places are so
under Criterion D. (NRHP Code of Federal Regulations,
36CFR Part 60.4)'as sites: That have yielded, or may be
likely to yield, information important in prehistory or
history.
29
Agenda Item No. 8F
June 6, 2006
Page 212 of 246
Recommendations
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The four archaeological sites or components will be preserved as greenspace as part of an
agreement to develop the Newton PUD p~cel immediately west of the subject parcel. If
any development is scheduled for the subject parcel that will impact any part of the four
sites or adjacent marshes, further archaeological work should be perfon:n.ed. Any
demucking of ponds should be subject to monitoring by an archaeologist. Any removal of
exotic vegetation or clearing should be coordinated and monitored by an archaeologist. If
any archaeological materials are encountered during development or ground disturbing
activities then the consultant archaeologist and appropriate agencies should be notified.
If human remains are found then State Statute 872.05, the Unmarked Human Graves Act,
'w'Vi11 apply.
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3RD RESUBMITTAL
PtnDZ-2003-AJR-4991
PR01ECT#2003050052-.-~-'----:-'
DATE: 4/7/05
MICHAEL DERUNTZ
A Phase One Archaeological Assessment of
, the Newton Square Parcel,
Collier County, Florida
by
John G. Beriault, B.A.
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conducted under the direction of
Robert S. Carr, M.S.
Archaeological, and Historical Conservancy
4800 SW 64th Avenue Suite 107
. Davie. FL 33314
(954)792-9776
ahchlgcl@bellsouth.net
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for
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ARC Technical Report #558
December, 2004
2004.136
EXHIB,IT F
Agenda Item No. 8F
June 6, 2006
Page 213 of 246
Agenda Item No. 8F,
June 6, 2006
Page 214 of 246
.1.
T2b!~ of (:ontents
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List of Figures' ii
Consultant Summary 1
Project Setting 3
Previous Research 7
Cultural Summary 11
Methodology 21
Results and Conclusions 24
Summary of Sites 25
Recommendations 30
References Cited 31
Appendix 1: Survey Log 39
Appendix 2: Site forms 42
Appendix 3: Field Specirn~ Log 50
Appendix 4: Shovel Test Log 51
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Agenda Item No. 8F
June 6. 2006
Page 215 of 246
. .- --'-:--ClV!apofthe Newton Square parcer---.--....-...---..-----------------3---.-..-.... .....-...
2. Aerial photograph of the Newton Square Parcel showing archaeological
sites and shovel tests.
3. View east. Gene EIjavec examines large camphornrood trees growing
on 8CR897.
4. View southeast. Gene EIjavec sifts material from Shovel Test #2 in
. .
Target #1.
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Agenda Item No, 8F
June 6, 2006'
Page 216 of 246
Consultant Sumrn::u)
~rn'mfd-December:-'i603:the Archaeological-and Historical Conservancy me. (A.HC)-"-"
conducted a phase 1 archaeological assessment for Passarella and Associates, Inc. of the
Newton Square parcel located east. of Collier Boulevard CR95l in west-central Collier
County. The ,:l:20 acre parcel was surveyed to locate sites of archaeological and/or
historical significance. This work was conducted as an addendum to an earlier project, a
40-acre area called Newton PUD located immediately west of the project parcel. This
earlier project was performed in July, 2003 by .ARC personnel and resulted in the
discovery of three archaeological sites, 8CR773, 8CR774, and 8CR775, and the
detennination that the eastern portion of the previously recorded Buschelman Site,
8CR726 extended into the western area of the Newton PUD parcel (Beriault 2003).
..........
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This current assessment was conducted to fulfill historic resource requirements as part of
South Florida Water Management District Application Permit # 040729-16) (DHR 2003-
7133) permitting in response to Florida's Chapters 267 and 373. This assessment was
conducted in accordance with Section 106 of the National Historic Preservation Act of
1966 (public Law 89-665), as amended in 1992, and 36 C.P.R., Part 800: Protection of
Historic Properties. The work and the report conform to the specifications set forth in
Chapter IA-46, Florida Administrative Code.
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The parcel encompasses part of Section 23 in Township 50S, Range 26E (Figure 1). The
entire parcel is uncleared woodland vegetated in hardwood hammock and deep marsh
sloughs. Much of the parcel area is lightly to moderately. impacted by exotic brazillian
pepper. Despite the small size of the parcel there is quite a bit of vegetative/topographic
variation. Much of the parcel area will be maintained as a natural preserve to mitigate for
more intensive development planned in the :t56-acre Newton PUD parcel immediately to
the west of the project parcel. No structures occur on the project parcel. .
The entire parcel was initially investigated using aerial photographs followed by
pedestrian survey. It was determined that four areas had a moderate to high probability
of containing prehistoric sites. All four were higher ground hardwood hammocks with
occasional scattered cabbage palms and live oaks (Figure 2). All of these hammocks are
located near deep marshes or sloughs. A total of ten 45cm by 45cm-shovel tests was dug
at the four features with positive results. .
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The result was the documentation of three previously recorded archaeological sites, 8CR
896, 8CR897, and 8CR898. In addition, an eastern component of a previously reported
site, Hamelia Midden" 8CR875, was documented as extending into the northwestern
portion of the subject parcel. All the sites on the subject parcel are black dirt midden
areas. It is believed that all four sites are of at least local significance and are potentially
eligible for listing on the National Register of Historic Places under Criterion D. (NRHP
Code of Federal Regulations, 36CFR Part 60.4) as sites: That have yielded, or may be
likely to yield, information important rn prehistory or history.
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Agenda Item No, 8F
June 6, 2006
Page 217 of 246
In addition, preViOUS Investigations at t.~e westem component [)f tht; HarneUa !viiddeIl,
--'-----' 8CR87S.;noted-humanr-emains. likely-from a prehistoric, burial-(Beriault-20OJ ).----- -, - -:--
The four archaeological sites may in part or whole be preserved as greenspace as part of
an agreement to develop the Newton PUD parcel immediately west of the subject parcel.
If development or restoration, or exotic plant removal is scheduled for the subject parcel
or any of the four sites or components, an archaeological plan should be followed,
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Figure 1. Map of the Newton Square Parcel area.
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Agenda Item No. 8F
. ,June 6, 2006'
Page 218 of 246
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Agenda Item No, 8F
June 6, 2006
Page 219 of 246
l-'ruject ~etting
-.- ----~-- ---------------.----------. --------- --
The subject parcel is located in part of Section 23, in Township 50S, Range,26E located-------'---
east of Collier Boulevard (CR951) in west central Collier County. The parcel is a
rectangle with. the long axis north-south with sides oriented to the cardinal points~ The
western edge of the subj ect parcel borders the eastern' side of the previously investigated'
Newton PUD parcel. The parcel is characterized by generally uncleared woodland
vegetated in tropical hardwood hammocks bordering two deep marsh pond/slough areas.
Much of the parcel area is lightly to moderately infested/impacted by exotic brazillian
pepper. Despite the relatively small size of the parcel there is a fair degree of
vegetative/topographic variation. In is possible ail or part of the subject parcel will be
protected in a future preserve area. No structures occur on the proj ect parceL The
relevant USGS map is Belle Meade (revised 1991).
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The N evvton Square parcel is situ,ated near the northern side of an extensive and
amorphous series of ca1;>bage palm, live o~ tropical hardwood hammocks flanked by
and containing deep marsh/slough systems collectively known as the Rattlesnake
Hammock. This several-square mile region contains great floristic and topogTBphic
diversity. High ground areas include live oak/saw palmetto/cabbage palm hammocks
with varying percentages of tropical hardwoods that can include myrsine, white stopper,
camphorwood, soft-leafed and shiny leafed wild coffee, wild lime, lancewood, strangler
fig, gumbo limbo, willow bustic, hog pl~ coral bean, fire bush, hackberry, red
mulberry, and others.
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Flanking these high ground areas and running as north-south linear transverse
depressions are deep sloughs and bald cypress swamps and marsh ponds. These areas
even with present-day drainage activities contain standing water much of the year and
support a rich diversity of plant and animal life. Some of the plant species present include
cordgrasses (Spartina spp.) and succulent marsh plants such as pickerelweed (Pontederia
lanceolata) and arrowhead (Sagittaria spp.) and ferns such as swamp fern (Blechnum
serrulatum), Thelypteris and Osmunda ferns. The deep open marshes of the area are
, likely relict burnt cypress solution holes and pond features as evinced by the' abundant
, dead snags and logs of that species. At present, many of these featUres contain pop ash
. (Fraxinus carolinianci), pond apple (Annona glabra), coastal plain willow (Salix
caroliniana), and button bush. All of these environmental zones wete heavily exploited by
prehistoric Indians, early white settlers, and more recent recreational hunters.
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It is believed, as the result of researches done in the present parcel and others in the area,
that the Rattlesnake Hammock area with its rich diversity of environmental zones and
harvestable plant and animal resources was a destination location over at least a several
hundred-year period for Indians of the coastal shell mound sites travelling up interior
river/slough systems to acquire these needed commodities. Very likely these Indians
returned to the same locales seasonally over extended episodes of camping establishing
over the centuries intensive interior midden sites.
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The geology of the Rattlesnake Hammock area is characterized by solutioned limestone
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Agenda Item No. 8F.
June 6. 2006
Page 220 of 24~
caprock lying exposed or overlain to various depths by san.ds or shelly marls, in cypress
, ~ _,.__-'- sloughs,.,b'Ut-. particularly. ,in- .cypress, dome/solution "ponds--there..are-,potentiaUy.-deep- '.----" ,
deposits of muck or peat. A fine tan sand found extensively in the district is Immokalee
fine sand which usually overlies relict marine deposits of shelly marl and marly limestone '
caprock that are part of the Pleistocene Caloosahatchee and Fort Thompson formations.
These marine marls contain lenses and deposits of clay intermixed with varying
percentages of sand. These clays may have been a source for ceramic manufacture by the
Formative period Native Americans. Mantling the Immokalee sands are windblown
deposits of gray sands of varying depths.
Both theCaloosahatchee and Fort Thompson marls and the associated limestone caprock
contain the index fossil bivalve, Chione cancellata in quantity. Depths of sand or marl
overburden seldom exceed 70 centimeters. Many higher ground formations in the area
appear to be bedrock unconformities that consist of fully exposed tabular slabs of
limestone caprock containing numerous rounded solution holes.
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Agenda Item No, 8F
June 6, 2006
Page 221 of 246
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Agenda Item No. 8F.
June 6, 2006
Page 222 of 246
Previous Research
Southwest Florida has been a focus of archaeological investigations since the 1880's,
, although much of the early work was directed toward' recovery of museum quality
artifacts rather than understanding cultural processes. Griffin (1988:48-50) discusses
, some of the very early references to archaeological sites in south Florida. He notes ~t
these early reports were mostly casual observations, and few appear to refer to southwest
Florida.. but rather the southeast and Key West areas. '
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Southwest Florida archaeological sites have been reported since at least the time of
Kenworthy's informal report on shell mounds and ancient canals (Kenworthy 1883). At
about the same time as Kenworthy's investigations, Simons (1884) gave a narrative
account of some of the very large coastal shell middens, and Douglass (1885) provided
further information about prehistoric canals (although he did not aCcept that they were
prehistoric); one canal near Gordon's Pass is probably the Naples Canal (8CR59), and
one further .north the Pineland Canal Griffin (1988:50-51) indicates that Douglass'
diaries record excavations on Horrs Isiand, apparently a post-contact era site (8CR41), as
Douglass mentioned European artifacts. Douglass visited Lostman' s River and. other
areas in the Ten Thousand Island area, and a visit to Horrs Island was briefly narrated in
" Douglass (1890).
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In 1895 Durnford reported cordage and other artifacts recovered from a mangrove muck
pond on Marco Island (site 8CR49). The material was shown to Cushing, who mounted a
major project to recover more material from the site. Cushing (1897) reported wood and
other .pcm.shable artifacts recovered from the muck pond on Marco Island, adjacent to a
large' shell works and midden village site. This report generated a great deal of
. subsequent interest after publication of illustrations of the spectacular finds. Wells M
Sawyer, a young artist accompanying the expedition produced an excellent and
presumably accurate contour map for the entire Key Marco Shell N1idden. This map is
valuable to present-day efforts to und~rstand many of the now obliterated features ~d
interpreting (reconstructing) the "architecture" of the shell midden during current
excavations at that site. Widmer (1983) notes that Cushing also focused attention on the
nonagricultural chiefdom level of social organization supported by the rich estuary and
marine resources, although his anthropological observations have remained
overshadowed by the wealth of artifacts..
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c.B. Moore investigated a number of sites along the CollierlLee County coast, apparently
attempting to find material comparable to Cushing's finds (Moore 1900, 1905,
. 1907). Although. Moore provided information about site locations and general contents,
m~st of his work was extremely crud~ and uncontrolled, even by contemporary
archaeological standards, and certainly by modern..
.....
The first attempt to systematically survey and investigate archaeological 'sites was
initiated by Ales Hrdlicka.. who in 1918 visIted a number of sites along the coast and tidal
mangrove estuaries, especially in the Ten Thousand Island region (Hrdlicka 1922).
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7
Agenda Item No, 8F
June 6, 2006
Page 223 of 246
Hrdlit:ka Hoted that suuthwest Florida 'was a distll1ct reglOn within south Florida and
, _ _.... _...___'made anattempUo. type sites... b)U.i.LnctiQD. __n..__ ., ,. '_,______,___..
Matthew Stirling excavated a burial mound on HOlTS Island (1931,1933). The site was
named the Blue Hill Mound but is not recorded under that name in the FMSF (either as a
primary or secondary name), so it is unclear exactly which site he excavated though it
was probably 8CR41 (McMichaels 1.982). The reports by Stirling are preliminary, and
apparently neither a final report nor a skeletal analysis has been pl:lblished. However, this
represents one of the first controlled excavations in CollierlLee Counties (although he
attempted stratigraphic control Cushing had little success in his wet site excavation) John
M Goggin (1936) defined a south Florida cultural area (Glades Area), and described
south Florida ceramics (Glades ware), establishing a basis for later archaeplogica1 work.
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Goggin (1939) published an analysis of the ceramic sequence in south Florida In later
reports (1947, 1949a, 1949b) he formulated a basic framework of cultural areas and
chronologie'S that is still current (though modified with additional data, see further
discussion below). Goggin summarized much of this information in an unpublished
manuscript (1949b, although modified later)~ the most thorough discussion of this
manuscript is available in Griffin (1988).
In passing, one unfortu.D.ate aspect of Goggin's work was a dependence on informant
. information for location of sites (especially interior sites) and he had a real concern that' '
existing sites would be looted. This concern resulted in 'either deliberately or incidentally
vague locational data for many sites. Some of these sites have never been satisfactorily .
relocated, although a few have undoubtedly been unknowingly recorded by later
investigators. Goggin's 1949 manuscript (Goggin 1949b). which was apparently a rough
draft for the Yale Publications in Anthropology series, enumerates s~ver3J. sites
occurring in and around Bonita Springs. Due to the above difficulties in determining
precise location, it cannot be said With absolute certainty that some due not occur near the
subject tracts.
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For several decades, much of the subsequent archaeological investigations in the region
took place in Lee and Charlotte COlinties, especially in the Cape Haze. Charlotte Harbor
and Pine Island areas. It is rumored that John M. Goggin had a "gentleman's agreement"
with many of the other leading practicing Florida archaeolo~sts of the .time that the
South Florida area was his exclusive province to investigate. If this rumor is correct, it
might explain the neglect shown the southwest. Florida area from the end of World War IT
to Goggin's death in 1964.
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In 1956 Sears reported on a large village and mound complex at the mouth of Turner
River on Chokoloskee Bay south of Marco Island, and in 1967 on the results of a survey
of the Cape Coral area. Laxson (1966) reported on excavations at Turner River Jungle
. Garden site, upriver from the Turner River site, although these have been confused in
recent accounts.
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Agenda Item No. 8F.
June 6, 2006
Page 224 of 246
Van Beck and 'Van Beck tt965) excavated three small test pits on Marco island (at the
___' ___, -Marco- midden,-8C-R48)-associated, with,the, Cushing, site -(gC:R.49);-~heir-descriptio:a for---,----
the placement of the three test pits excavated would place them less than 900 feet east of
the subject parcel. The subsequent article concerning the Van Becks' efforts in the
Florida Anthropologist, March., 1965 was some of ~e flIst reported scientific
archaeological work to come from the southwest Florida area in nearly twenty years.
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In 1967, 1968, 1969 Marco Island was extensively surveyed and a few sites tested by
excavation by Cockrell, Morrell and others (Morrell 1969). No complete site report was
. ever published although an unpublished and incomplete manuscript is available. Some of
these sites were discussed in Cockrell's masters thesis (1970). "Widmer performed a
survey of Big Key, John Stevens Creek, Barfield Bay, Blue Hill Bay, and Collier Bay (all
close to Marco Island) (Widmer 1974). Widmer eventually utilized his southwest coast
experience to write a doctoral dissertation on the Calusa that not only remains the
definitive work on that group, but also explores the relationship between subsistence
adaptation and cultural evolution (Widmer 1983).
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In Lee County, Arlene Fradkin and other investigators from the University of Florida
,beg8.n an ongoing involvement with the Pine Island SoundlSanibel Island area with her
investigations at the Wightman site on northern. Sanibel Island (Fradkin, 1976).
McMichaels (1982) produced a' masters thesis reviewing sites on Horrs Island. In. 1983
Marquardt began a series of investigations at Josslyn Key, Useppa Island, Pinelan~
Buck Key, Galt Island in Lee County (Marquardt, 1984, 1987, 1988, 1992) and Big
Mound Key in Charlotte County. Marquardt and Russo have investigated Rom Island in
Collier County. A number of the large shell midden village sites appear to be'late
Archaic, and they expect to document a more elaborate social organization and larger
sedentary or semi-sedentary population sizes than previously known for that period
(Russo 1990, and pers. comm..).
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Mast of these studies focused on the coastal sites, as have subsequent summaries and
discussions. Recent work on the interior have made significant advances in documenting
the extent and intensity of inland resources, especially in the Big Cypressan.d Everglades
parks (Ehrenhard, Carr, and Taylor 1978, 1979, Ehrenhard and Taylor- 1980, Em-enhard,
,Taylor and Komara 1980, Taylor and Komara 1983, Taylor 1984, 1985). Synthesis of '
this data is available only for the Everglades Park (Griffin 1988) and this is definitely the
mast important single publication 'on south Florida archaeology to date. Athens (1983)
summarized some of the results of the Big Cypress survey, but more analysis of this data
resource is needed.
.'
Beriault et al. (198l) reported on salvage excavations at Bay West Nursery (8CR200),
describing a well known but rare and little documented Early and :Middle Archaic use of
ponds for cemeteries. This site adjoins the subject parcel in Section 22 (Figure 2).
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In 1995 Drs. Randolph Widmer and Rebecca Story began an ongoing investigation at the
Key Marco :Midden. In this first season they excavated with the help of graduate ,students
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Agenda Item No. 8F
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Page 225 of 246
and volu.nteers. The results;,)! theIr work havi; !ippeared 10 the} forjJa AnthropologIsl
rur.1dmer 1996) .- --_.. --~_.- -. --.-.----.--------~ -- -----
.._-"---:--" '\_:"'-J - .. "",.-- -..-.---...,-~--------..--- ..-..-.. .--.- --.-.
In the last two decades the pressure of development as well as a recognized need for
preservation or mitigation of prehistoric sites has led to a number of reports by
commercial cultural resource management consultants. While most of these reports are
limited in scope due to restriction to a small tract of land, many have produced useful
summaries of regional archaeological. as well as insightful analysis of the relationship
between site types and location and ecotypes. (Almy and Deming 1982, 1986a, 1986b,
1986c, 1987, Austin 1987, Carr and Allerton 1988a, 1988b, Deming and Almy 1987,
1988, Fay and Carr 1990, Fuhrmeister et al. 1990, Martinez 1977, 11iller and Fryman
1978, Swift and Carr 1989). .
Arthur W. Lee, John Beriault and others in the Southwest Florida Archaeological Society
(SWF AS) have recorded and investigated a large number of archaeological sites in
Collier and Lee Counties. It is an ongoing effort of the Society to publish and disseminate
reports andmanuscnpts(Lee et al. 1993, 1997, 1998, Beriault 1973, 1982, 1986, 1987,
. . Beriault and Strader, 1984). Many of these reports deal with small interior seasonal sites.
This avocationist society is one of the strongest voices for the protection of Collier and
'Lee County archaeological resources, and they have been car~ful to document and
control their excavations, the majority of which are salvage operations on sites that have
been heavily impacted. In' addition Beriault has provided several linpublished
manuscripts as to site types and areas (Beriault 1972, 1987).
, Previous Research-Newton Square Parcel Area
. The Archaeological and Historical Conservancy has done work on several large parcels
in the Rattlesnake Hammock area. In 1993, ARC personnel investigated the Lely Estates
Parcel directly west Of the present subject parcel locating seven prehistoric sites (Carr and
Steele 1993). In 1998, AHC personnel performed a phase one assessment of the three
square mile Wmding Cypress Parcel Y2 mile south' of the subject parcel locating eleven
prehistoric sites (Beriault and Carr 1998). In July, 2003 the AHC investigated the 40 acre
Newton PUD parcel area immediately west of the subject parcel discovering three new
sites, eR873, CR874, and CR875, all middens, and an eastern component ofCR726, the
Buschelman Site, a large black dirt midden (Beriault 2003). In February, 2004, a 2300
acre tract called the Feathers parcel to the east and surrounding the subject parcel area
was ,investigated by ARC resulting in the discovery of five archaeological sites (Beriault.
2004). A review of the Florida 'Master Site File indicates at least 12 prehistoric sites are
located within three miles of the subject parcel. These sites include CR726, CR873,
CR874, and CR875 which are found adjoining or in the immediate area of the subject
parcel.
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June 6, 2006'
Page 226 of 246
- ---- ---- -- ~~- ~. -------
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The, indigen'ous prehistoric cultures of southern Florida were first classified as a cultural
area in 1936 when the archaeologist Matthew W. Stirling defined a Glades cultural area
including all of south Florida (Carr, Steele, and Davis 1994b:9; Milanich 1994:5-6). .
Griffin (1988) points out that this was not formulated as a strict cultural area, but rather a
geographic region with some common cultural traits.. Kroeber (1939) in a review of North
A.merican prehistory followed Stirling by utilizing a slightly different term the "South
Florida Area" and also basing his defInition on both environmental and cultural factors.
Subsequently John M Goggin delineated more particular boundaries for southern Florida
and divided the region into three sub-areas: "Okeechobee" around Lake Okeechobee, '
"Tekesta" for southeast Florida and the Florida Keys, and "Calusa" for Southwest Florida
(Carr, Steele, and Davis 1994b:10; Goggin 1947:114-127).
FolloWing G6ggin's study, subsequent researchers have refined or altered the cultural
distinctions- attributed to southern Florida's prehistoric populations. There has been
criticism that Goggin's names and definitions were based on historic accoUnts of the
main (proto) historic groups found in the respective regions and not on the archaeological
evidences of' spatial/temporal/cultural differences (Sears 1966, Griffin 1974, Carr and
Beriault 1984, Griffin 1988). John W. Gri:ffin, in particular, questioned the distinctions.
He believed in cultural uniformity that was varied only by local environmental conditions
and ceramic exchange rates. Griffm believed the inhabitants of prehistoric southern
Florida were largely dwelling on the coast and that the interior was nearly uninhabited
and under-utilized. Griffin designated the entire southern Florida region as the Circum-
Glades" area (Eck 1997:5, Griffin 1974: 342-346). This new designation was taken up by
a widely-circulated book on Florida archaeology by Milanich and Fairbanks (1980) as a
Circum-Glades region. Griffm later (1988) retreated to some extent from his earlier
, position as further research (particularly by Ehtenhard, Carr, Komara, and Taylor in the
. Big Cypress and Carr in the eastern Everglades in the 1970's and 1980's) showed
abundant sites (and concomitant use and habitation) in the interior and Everglades. '
Carr and Beriault, in particular, have taken issue with the concept of a Circum-Glades
region. Carr's researches in' the Big Cypress and Everglades and the variation of key
cultural markers (particularly decoration of ceramics) formed the basis for the contention
. there was abundant evidence for cultural (and probably political or tribal) diversity in the
several areas of south Florida. Carr and Beriault particularly noted and defmed
. differences between the lower southwest :Florida coast which they termed- the "Ten
Thousand Island'" region and the area to the north which they' called the
"Caloosahatchee" region. This latter area they believed to be the seat of the historic
Calusa chiefdomship, although previous (and some subsequent) researchers have caned
the entire southwest Florida from Cape Sable to the Cape Haze peninsula (and beyond) in
Charlotte County "Calusa" .
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Griffm in his definitive 1988 synthesis on Everglades archaeology attempts to reconcile
and refine some of conflict in the definition of south Florida prehistoric/historic culture
areas. As stated by Carr; Steele, and Davis (1994), ''the issue... appears in part to be one
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Agenda Item No. 8F
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Page 227 of 246
of trying to detenmne rhe significance of regional and tempural variation. rather than
-'~ether 'these- differences -are-rea}:>>-There-is-evidenceLhat-changes- through:- time -in----
regional political affiliations or realties makes any model not addressing this complex
issue two-dimensional. The Calusa hegemony that was in place by the time of the arrival
ofEuropeans~ and this may have begun as early as 800 AD in the Ten Thousand Island
"district" or area (Griffin 1988:321; Carr, Steele, and Davis 1994b: 12). There is currently
ongoing research to further refine present thought as to cultural affiliations in south
Florida (Robert S. Carr pers comm.). It would seem only a matter of time before new
directions and emphases provide a more accurate summation of what we can hope to
, learn "about cultural affInities.
As best as can be described using the present models, the coastal zones of' Collier
County/southern Lee County contain the potential for three distinct culture areas. The '
subject tract lies thirty miles from the projected interface by Carr and Beriault (1984) of
the Caloosahatchee area (called the "the 'heartland' of the Calusa", Carr, Steele, and
Davis 1994b: 12) to the north and the Ten Thousand Islands area to the south. At a yet
undefmed point to the east lies the Okeechobee cultural area, put the boundary, if it is a
definite, . fixed one, is likely to occur somewhere in the vicinity of the ImmokaIee rise
forty, miles or more to the north~ of our subject tract. Further work is in progress by
. Robert S. ,Carr (per cornm.) to help address the issue of where the southwest boundaries
of the Okeechobee culture area may be expected to occur.
Temporal Periods and Adaptations
.At the same tinie that south Flonda archaeological cultural inodels.have evolved over the
, past 60+ years, so have the temporal markers or framework on which we base evolution
of that culture, Much of this latter effort has resulted from comparisons made of the
recovered artifacts from the 100+ year period of scientific and nonscientific excavation
and collection by the various individuals and institutions (and others) enumerated in part
above. This Floridian effort must be seen against the broader background of
archaeological work in eastern North America and the New World as a whole. All of
these efforts have been mutually complimentary and certainly not exclusive.
The greater the region considered, the greater the variation, but archaeology has to date
hammered out a temporal framework accepted by the greater portion of the academic
archaeological community. In general, for south Florida, the following periods and
adaptations seem to be generally accepted. Part of this chronology involving the later or
Formative period is called the Glades sequence in honor of John M. Goggin, the greater
part of whose work in definirig the ceramic sequence or markers has withstood the test of
time and subsequent criticism. From Goggin's day to present pottery variability in form,
substance, and decoration has proven useful for providing time markers, at least for the
archaeologically-brief 0: 3500 year) period spanning the late .Archaic and Formative
periods it was produced. Artifact types and their variations have, to present, proven
som~hat less reliable as absolute indicants of prehistoric age. Radiocarbon dating, a
phenomena of the last 30+ years, provides, within the given variability, expressed in :t:
years BP (before present), a relatively absolute date for a given sample and provides a
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Agenda Item No. 8F'
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Page 228 of 246
, yardstick to measure traits or distinctions in provenienced artifacts. Determining and
__'__~,:adeqllately defming what.traits-we- can_discern,agairistthis-absolute.is..part..of.the ,ongoing--
function of the regional archaeological effort.
The following information is generalized and abbreviated. The dates m:e approximate;
transitions between periods are in reality more gradual that the way they are expressed for
convenience. Dates are expressed in years before present (BP) which is more consistent
with radiocarbon dating termination than the better-known and more widely used,
B. C./ A.D. system.
Paleo Period (14.000 - 8,,500 BP)
Native Americans began moving. into the southeastern portion of North America and
Florida at least 10,000 years BP. There are no known Paleoindian sites in Collier
County. Several are documented from elsewhere in south Florida, including Warm.
1\.1ineral Springs' and Little Salt Springs in Sarasota County (Cockrell and Murphy, 1978;
. Clausen and Gifford, 1975), Harney Flats in Hillsborough County (Daniel and
Wisenbaker 1987) and the Cutler Fossil Site in Dade County (Carr 1986).
During this period (terminal Wisconsian ice age) the climate was probably less extreme,
with cooler su~ers and warmerwiriters. The climate was also drier, and sea levels
lower (Carbone 1983, Allerton and Carr 1988a, Griffm 1988).
One reason that possible Paleo period sites are recognized in Collier and Lee Counties is
that the shoreline may have been as much as 100 miles further west due to lower sea
levels. Drier conditions may have made the interior very inhospitable, while 'any shallow
estuarine and littoral ,sites were flooded by post-ice age Holocene sea rises.
Any possible interior sites may be unrecognizable due to lack of diagnostic artifacts,
subsequent reuse of site areas, low population density, and few permanent camps. These
and other factors may help explain the absence to date of identifiable Paleo period sites in
Collier and Lee Counties, but the southwest Florida coast. south of Charlotte Harbor may
. have been ,uninhabitable during this period due to an absence of key conditions for the
successful hunting oflarge game, a trait of the Paleo period. '
Archaic Period (8_500 -' 2_500 BP)
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Following the Paleo period, the cultural sequence is termed Archaic. This period reflects
a post-Pleistocene sbift in adaptation marked by an increase in the seasonal exploitation
of a broad spectrum of food resources, possibly a more restricted use of territory due to
regional specialization, and more semi-sedentary habitation sites. No ceramics are known
until the Late Archaic.
, There is, as yet, no firm evidence of man's presence in southwest Florida during the
Paleo period. This apparently is true also for the Early Archaic (8500-7000BP), as there
is evidence of an environment to, arid to support scruboa.k, and the presence of shifting
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Agenda Item No, 8F
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Page 229 of 246
'Vv'ind formed dunes C\""ans 1973, Widmer 1983). No earl] }\.rchaic sItes are known from
,,- --'-, --,--southwest Florida (-Allerton-and Carrt988~14)~--' --.--,-..-~------:--~- ,--- -.,.- '-'- ,- u
By about 6500 BP m~sic conditions began to spread, although localized xeric conditions
. continued (and still exist in sqme areas) through south Florida. Middle Archaic sites
, dating from this time are rare, although the Bay West Nursery site (8CR200) in Collier
. County (next to the subject tract) and the Ryder Pond site (8LL1850) in Lee County near
Bonita Springs and the subject tracts provide evidence of occupation, as do several sites
in southeast Florida. The Bay West site is a Middle Archaic cypress pond cemetery;
associated with a lithic scatter. The Ryder Pond site is a similar mortuary pond site
surrounded by pine flatwoods (Carr 1995). Beriault has also recorded several aceramic , .
shell,' scatters in coastal sand hills (paleo dunes), some of which may date to the :Middle
Archaic.
However. Griffin (1988) summarizes evidence indicating that despite the rise of available
surface water, brackish estuaries and other major modern landscape features had not
formed, and'population (or repopulation) was still sparse.
During the Archaic period sea levels began to rise at a fairly rapid rate, estimated at 8.3
cm. per 100 years 6000-3000 BP, and 3.5 em per lOO years afterwards (Scholl.
Craighead,' and Stuiver 1969), although whether sea levels were steadily rising or
oscillating is still unclear (see Griffin 1988. Allerton and Carr 1990 for recent reviews of
the literature). Data is somewhat difficult to sort out as sea level rise was in places
accompanied by both shore regression and transgression. As conditions became wetter'
(and warmer) in the interior) cypress swamps and hardwood sub-tropical forests became
established by about 5000 BP (Carbone 1983, Delcourt and Delcourt 1981).
By late Middle or early Late Archaic times (4000 years BP) there were significant shell
mounds and middens on Horrs Island., Marco Island, and elsewhere in the coastal regions,
suggesting that the estuary system had been established and was being utilized to provide
the subsistence basis for denser populations and semi-sedentary settlements (Morrell
.1969. Cockrelf 1970). ' . '
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At Useppa Island in Lee County excavations have provided radiocarbon dates from pre-
.' ceramic shell middens ranging between roughly 4900 BP and 5600 BP, suggesting that
the Middle Archaic as well as Late Archaic periods saw a growing dependence on
shellfish resources (Milanich et al. 1984). There are aceramic coastal sand hill and
interior wetland sites as welL but these have not been demonstrated to be Archaic despite
some investigators equating aceramic with preceramic, and radiocarbon confirmations are,
needed. -
Allerton and Carr also note that a number of stratified sites in the wet mangrove and
marsh areas of the Everglades as well as on Horrs Island contain Archaic preceramic
horizons, although it is unclear if aceramic is being equated with preceramic. Additional
supporting evidence of interior use by Archaic peoples will provide a new, dimension to
. archaeological understanding of Archaic resource utilization. Allerton and Carr point out
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Agenda Item No. 8F-
June 6, 2006
Page 230 of 246
that if the wet tree islands were mitia!1y used by .A..rch8.lc people, then at least some of the
hardwood. hammocksjn...swamp..environments...:we~e raised.in-elevation-(wi.th. subsequent..
changes in vegetation) due to human activities. Post-Archaic people extensively utilized
these hammocks and continued to advance their development as distinct geomorphic
features. This is obviously an area where additional archaeological investigations have a
potential to contribute to understanding the. interaction of geomorphic and cultural
evolution in southwest Florida
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During the Archaic regional specializations became more mar~ed., not only with material
culture but also with distinct local utilization oflocal plant and animal resources.
Toward the end of the Archaic there was the introduction of fiber-tempered pottery into
the archaeological record" and this is often used as a marker of the Orange Phase,
commencing at about 4000 BP, either coincident with or soon after the development of
the extensive shell middens. The Late Archaic Orange Phase subsistence strategy appears
to have intensified the use of shellfish and marine resources as well as being marked by
an accelerated trend toward regional specializations.
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A number of the large shell middens on Marco Island (Cockrell 1970), Horrs Island
(Russo n.d.), Cape Haze (Bul\enand Bullen 1956): and elsewhere date from at least this
period as they cOIitain fiber-tempered ceramics, although as noted, there are known
aceramic (preceramic?) levels below the Orange Phase deposits that may date to the
Middle Archaic. These ,shell middens are usually capped by. deposits from later
occupations' as well. '
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The Formative or Glades adaptation, similar to (though With increasing specializations in
gathering strategies and tool-making) was. based on hunting, fishing, and the harvesting
,of shellfish and plants. Earlier writers have typed this hunter-gatherer society as primitive
(Kroeber 1939: said the culture was "low-level"). However, there is certainly evidence
from the specialization of tools, the beautifully executed wood carvings from Key Marco'
in Collier County and those from Fort Center near Lake Okeechobee (Cushing 1897,
Sears 1982), and the historic accounts of the Calusa hegemony, that the south Florida
area had an advanced culture that Goggin (1964) has called a "stratified non-agrarian
society" . .
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The preceding Late Archaic late Orange phase (also mown as the transitional phase) is
marked by changes in pottery, and terminated with the relatively rapid replacement of
fib er-tern.p ered pottery with sand-tempered, limestone-tempered, and chalky 'temperless'
pottery, as well as changes in style and often reduction in size of stone projectile points.
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Glades periods sequence. Subsistence adaptation is marked by a narrowing spectrum of
resource use, as well as continued trends toward regional diversity and ecological
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June 6, 2006
Page 231 of 246
specIalizatIons, marked In pan by the proliferation vi mland resource extraction
-'---encampments;-- ~--'------~-----------'----------'-'-.---""-- --.
Formative period cultural evolution eventually led to increased political sophistication,'
perhaps initially of modest dimensions but culminating in broad regional political
alliances and regulation of materials and goods (i.e. resources) between the coast and
inland areas (Milanich and Fairbanks 1980). By protohistoric and contact times the
Calusa were the' dominant tribal group. gaining broad political influence and at least
. partial control over much of south Florida as far north a,s central Brevard County.
Historically, the main Calusa village has been regarded as "Calos" on Mound Key in
Estero Bay in Lee County, although 50 to 70 large villages were under direct Calusa
control by contact times (Griffm 1988).
. ,
During the Formative periods, village sites grew to the proportions of large multi-use
complexes, particularly along the coast and barrier islands of southwest Florida. Some of
the projected intra-site functions of the elements of these complex shellworks were as
temples, canals, causeways, temple and platform mounds, courtyards and watercourts.
Current research involving the excavating of large contiguous areas of these shell mound
complexes (Widmer 1996) is beginning to establish demonstrable uses for the features of
these large sites which heretqfore were speculated upon by even the most careful
' archaeologists.
Tidal estuary rivers and' inland hammocks along deep water sloughs, marshes, and
permanent ponds were seasonally visited for extraction of natural resources, and are now
marked by small to relatively large bl,ack dirt middens, some of which may have been
semi-permanent hamlets. The pine and cypress flatwoocls (such as those historically
covering the majority of the subject tracts) appear to have supported few sites, although
areaS around Lake Trafford and other rich interior areas developed, substantial sites
including sand mounds and may be more similar to the Okeechobee cultural area than to
the coastal cultures.
In 1993 Carr and Dickel'excavated an apparent Deptford Period burial mound ( the Oak
Knoll Site) in the Bonita Bay Tract north of the Imperial River. Exotic trade items and
seventy or more human burials were among the material fmdings. The resulting
conclusions (Carr and Dickel, 1993) and subsequent suryeying and testing of the Bonita
Bay Shell works (8LL 717) (Carr and Dickel 1993) suggest social stratification and
complexity may extend further back into the' past than the Formative period.
Coastal sites (shell middens) reflect a predominate dependence on fish and shellfish, 'wild
plant foods and pro9-ucts and larger inland game. The inland sites show a greater reliance
on interior resources including large, medium and small mammals,' turtle, small
freshwater fish, alligator, snake, frogs, and sometimes freshwater shellfish. Interior and
coastal resource exchange can be doCumented by the consistent finds of moderate
amounts of marine shell in many interior middens, as well as interior resources in coastal
middens.
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June 6, 2006-
Page 232 of 246
rhe r ormatlve stalle l \ovlth a nod to John hi. GoggL."'\.) has been often termed the Glades
cultural tradition:- Much"'of this""tradition!t is keyed to" decorated" cerainic s "that areusuall y"
in the minority in the archaeological record, the better, part of recovered (rim) sherds
being plainware. However, despite this, pottery (and its decoratio~s) is usually utilized as
the major temporal marlcer(s) for fitting sites into a temporal framework. Changes in
, pottery do not represent mere changes in artistic motifs, but reflect inter- and intra-
regional trade contacts, outside cultural influences (possibly through exogamy, shifting of
populations, and even the evolution of a culture through time. Whatever the influences,
the Glades tradition is continuous from post-Archaic times to contact times.
Despite the fact exogamy is likely to have been practiced, traders or other specialists
,probably moved between major cultural areas in small numbers, and genetic flow
probably accompanied cultural exchange~ although perhaps not on the same scale. This
may have increased in later times due to use of traditional obligations of kinship and
intermarriage to stabilize alliances that were not codified into a formal legal system.
The foliowing table has been modified from several sources, but is in large part based on
:M,Uanich and Fairbanks (1980), Griffui (1988), and Allerton and Carr (1990). Dates have
been rounded somewhat and translated to Before Present (BP). There are some,
differences of opinion (particularly about the timing or Glades Ia and Ib division) as to
timing. Much of this may reflect both a regional and temporal mosaic. of 1J;'ansitions
which can be reconciled by further research. The rate or pace of change may vary even in
a culturally-unified region such as the Glades area.
TABLE 1 : GLADES CULTURAL SEQUENCE
Glades Ia (2500 BP -1500 BP)
Glades Ib (1500 BP - 1250 BP)
Glades ITa (1250 BP - 1100 BP)
17
First appearance of sand tempered
'plain pottery, but little else to mark
a difference and the preceding Late
Archaic. Sand tempered plain .
remains a predominate typ~ '
throughout the Glades sequence.
First appearance of decorated sand-
tempered ceramic (Ft Drum Incised,
Ft. Drum Punctated, Cane Patch
Incised, Turner River Punctate),
plainware common. Pottery rim
grooving and incision decoratioris
bec?me widespread.
First appearance of Key Largo
Incised, Sanibel Incised, 11iami
Incised, plainware common.
Distinction between ceramics of
southeast and southwest
Glades llb (1100 - 1000 BP)
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Agenda Item No. 8F
June 6,2006
Page 233 of 246
. .Florida becomes apparent. Ten
'----' ---,- Thol.lsandIsland-area-distinct-ffom- "." -,
. Caloosahatchee area. First mound
construction - increased social
stratification? Population size may
have approximated that at contact
First appearance of Matecumbe
. Incised, Key Largo Incised Common
on east coast, Gordon's Pass Incised
on the west, plainware common
throughout.
First appearance 'ofPlantatibn
Pinched, but few decorated wares
with a preponderance of plain-
ware (there is some evidence of
population reduction - perhaps
due to a cataclysmic event). Non-
locai pottery (e.g. St. Johns chalky ,
ware plain and check stamped, Bene
Glade Plain) appear.
First appearance of Surfside Incised,
increasing quantities of 81. Johns
pottery (especially on East Coast).
and Belle Gla~e pottery.
Glades Tooled rims appear (rare on
West Coast), zoned punctate designs
but general decline in incised decor-
ation. Belle Glade ceramics common
on west coast. St. Johns ware present
but rare on West Coast, common on
East Coast.
Continuation of Illb ceramics; with
pronounced flaring of rims and em-
bossing on Glades Tooled ceramics.
Mound burial construction less
common with intrusive burials'into
existing mounds, appearance of
European goods, plainware common.
By European contact times (first half of the 16th century) the southwest coast of Florida
was maintaining without an agricultural base, a vigorous, possibly expanding political
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Agenda Item No. 8F .
'June 6, 2006.
Page 234 of 246
chiefdom \.vith a broad n~lvvolJ. of alliances, as \'v ell as a rich and ancient cultural
...---traclition:---,-c----- ..-- ..--' ----- ----..~'-......-' ,----. - ,--- ,--... ,--, .._"" .,-.--.... ,-, ---. ,.
Direct, conflict with Europeans and, more importantly, exposure to European diseases led
to the rapid decline of the Calusa. By the mid 1700s their numbers had greatly
diIninished. The remnants of this once-powerful tribe may have left south Florida in the
1760s with the Spanish. for relocation in Cuba. Others may have become
,indistinguishable from Spanish Cuban fishermen who worked the great fishing "ranchos"
in the Pine Island Sound region catching and salting fish for export to Cuba. Other
groups of indigenous native Americans may have fused with the Creek derived
Seminoles as pressures from colonial (and later) white encroachment on their traditional
tenitories forced them into the Big Cypress and Everglades area by the 1830s. By this
time most of the cultural identity ofpre-contaCJ; times had been lost, although some of the
Cahisa subsistence strategies may have been in part adopted by Seminoles. A number of
Seminole period sites' have been documented on earlier Glades middens. This
coincidence may in part reflect the paucity of high land in the interior (Ebrenhard et al.
1978, 1979, 1980, 1980; Taylor et al. 1983, 1984, 1985). Older midden sites (particularly
those called "black dirt" middens) can be rich agriculturally as well as archaeologicalIy,
making these foci for historic Seminole gardens and citruslbananal papaya groves.
Seminole periods in south Florida are divided into I (1820-1860), II (1860-1900) and ill
(1900-1940) (Ebrenhard et al. 1978). Post-1940 Seminole camps are designated "Late
Seminole" in some reports. These designations reflect the different stages of Seminole
migration into south Florida, Seminole displacement and active conflict with the
expanding' Anierican culture; and the eventual refuge by Seminole remnants in Big
Cypress and Everglades regions.
The pr:esent survey did not locate Seminole period sites, although military records, and in
pamCular 'several sketch maps by militarypersonnel done in the 1830's and 1840's and
the lves military map of South Florida (1856) shows evidence of investigations at and
near "Fort Simon DI:um" and areas t~ the south, east -and west near "Temporary Depot
. No. I", "Fort Keais", "Fort Doane", "Billy's To~" and HChola1apalka" in search of
Seminole camps not far from the subject parcel. '
Seminole Wars in the Southwest Florida Area
The .advent of the Second and Third Seminole Wars. (1834-38, 1855-58) disrupted the
peaceful settlement of the Southwest Florida region. There were a number of forts,
Htemporary" and permanent, established along the Caloosahatchee River during this time.
Fort Myers was created (first as Fort Harvie), named, and first occupied as the chief fort
of the region. Fort Dulaney was established at Punta Rassa near the mouth of the
Caloosahatchee in 1837 and occupied intermittently through 1841, and again in 1855.
After a hurricane pretty much destroyed Ft. Dulaney in'1841, Fort Harvie was established
upriver. The name of this fort was later changed in 1850 by its commander General
Twiggs to honor his new son-in-law, Col. Abraham Myers.
19
Agenda Item No. 8F
June 6, 2006
Page 235 of 246
---'---,--'-Erorn--this-'.central,-'administr:ative-point,- a---1ine" ,of.., forts,,- w-ere-- established-up--the---
Caloosahatchee. They were: Fort Denaud, Fort Adams, Fort Thompson, and Fort Center
on Fisheating Creek leading into Lake Okeechobee. Other forts and "temporary depots"
were established south into the Big Cypress Swamp such as Fort Sinion Drum,
Temporary Depot Number One, Fort Doane, Fort Simmons, Fort Keis, Fort Foster, Fort
Shackleford, and others. Several local informants inCluding personnel of the Big
Corkscrew Island District Fire Department have indicated to AHC the suspected presence
of a Seminole War encampment or fort (possibly Fort Doane) fourteen miles southwest
of the subject property. These reports are fairly vague as to position (the intimation is that
the informants base their beliefs on perusal of several old maps).
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The Ives Military Map (1857) gives the location of Fort Keais as Lat. 26-15, Lorig. 81-
23. Fort Dqane lies 11 miles southwest by west, according to the same source. An 1875
railroad map, "New County Railroad and District Map of Florida" gives the position of
Fort Doane as Lat. 26-24, Long. 81-10. Another reference indicates it is Section 12,
Township 47S, Range 32 E with Fort Keais in Section 3, Township 48S, Range 31E.
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A 1923 land map of South Florida depicts Ft. Doane as being 2.5 miles south and 4.5
miles west of Immokalee. In 1941 Josie Billie, a prominent Indian medicine' man and
tribal representative was asked by D. GTaham Copeland, county manager, about various
Seminole War landmarks but indicated he knew nothing about the locations ,of Forts
Foster, Doane, Harrell, Prophet's Landing, or Cholalapalka.
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. Rattlesnake Hammock Area History
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The Rattlesnake Hammock area has always been a magnet for both prehistoric or historic
people. There is evidence from military maps of Seminole Wars period that various
. ,
villages and encampments of Seminoles were in the general area of the hammock. By the
1880s, various white settlers and homesteaders such as the Whiddens, Carrolls, Smiths,
and Kirklands had settled the area of Henderson Creek immediately south of Rattlesnake
Hammock. These early settlers farmed the Henderson Creek area and hunted up into
Rattlesnake Hammock. Various early sportsmen visiting or wintering in Naples took
oxcart trips into the Rattlesnake Hammock area to hunt. The advent of the Tamiami Trail
in the late 1920s further opened access to the area. The completion ,of the Atlantic
Coastline Railway by 1928 also enabled logging of pine and cypress in the Belle Meade
area south of Rattlesnake Hammock. State Road 951 was created in the late 1950s/early
19605 a:i1d opened up Rattlesnake Hammock to development by modern landholders. The
Sabal Palm Road community was created in that time period. Landscaping demands ,in
the rapidly-developing Naples area caused early residents such as the Langford family
and '<Monkey" Hunter to dig and transport cabbage palms from the Hammock. Other
individuals such as Seth and Buster Johns harvested cypress trees for their sawmill on
Johns Road near the subject parcel. The area today is seeing increasing density of
development . with condominium communities and upscale single family home
construction being created along the Collier Boulevard (County Road 951) corridor.
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Agenda Item No. 8F.
June 6, 2006
Page 236 of 246
Mdhodology
---_.__.__._~-.-- ---- ----.------
, Archival Research
Prior to Conducting fieldwork in the project parce~ relevant archives and literature were
reviewed. This included, but was not limited to, studying previous archaeological reports
for sites in Collier County, reviewing information from the Master Site File in
Tallahassee concerning nearby sites, and examining USGS maps of the project area.
Also, black and white and color aerial photographs from the project are~ which could aid
in revealing anthropogenic changes to the topography and floral communities, were
interpreted.
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This phise 1 archaeological survey of the Newton Square parcel incorporated the use of
certain predictive models: These models are based on topographic and vegetative
attributes that are associated with prehistoric and historic sites in west-central, Collier
County. These models postulate that live oak/tropical hardwood hammocks in close
proximity 't~ deep sloughs or ~sh ponds have a high probability for being associated
with prehistoric sites. The elevational information on the USGS Belle Meade quadrangle
m.ap for the area also, was used. It was determined that overall, the project parcel had a
high to moderate probability of containing archaeological sites because of the
topographic/vegetative diversity in the subject parcel. Four high probability targets were
identified from the aerial photographs or botanical survey maps. Previous assessments in
, adjacent areas with high hammocks by ARC investigators had located numerous
prehistoric sites.
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Fieldwork
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All areas of the parcel were assessed by pedestrian smvey. Initial visual inspection of the
20-acre subject parcel identified four targets of high to medium archaeologic:al
probability (Figure 2); the rest of the study area being deep marsh/slough areas. The four
targets were elevated ,tropical hardwood hammock areas. Ten 45 em square shovel tests
were excavated in the four targets. All holes were excavated to the top of the bedrock or
sterile soils. Sediments from the holes were passed through a l/4 hardware cloth screen.
All cultural material was collected. A stratigraphic profile of each test hole was recorded'
and then the hole refilled. Each shovel test was marked with a pin flag and labeled with
the corresponding grid coordinate and shovel test number.
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Eight field specimens of archaeological materiai (FS-1 through FS-8) were recovered and
'sent to the office at Davie for processing and conservation.
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Agenda Item No. 8F
June 6.2006
Page 237 of 246
. .
'---Informants--.
.---"'-- .__.-. --- --- --~. ........-..- ..-- ._-_.~ -- ._.. .. ------.-..-.. .. - - ..'.. .-.
No informants were interviewed for this project.
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Agenda Item No. 8F
June 6, 2006"
Page 238 of 246
Figure 3. View east. Gene Erjavec
examines large camphorwood trees
growing on 8CR875.
Figure 4. View southeast. Gene
Erjavec sifts material from
Shovel Test #2 in 8CR875.
23
Agenda Item No. 8F
June 6, 2006
Page 239 of 246
Results and Conclusion!.
This phase 1 assessment of the 20 acre Newton Square parcei resulted in the investigation
of all parts of the subject parcel. Four medium to high probability archaeological targets
were identified. Ten' test holes were dug in the four targets with the result that all four
areas tested positive for archaeological materials. Three of these discreet high. ground
hammock ridges are newly recorded archaeological sites; these are sites CR895. CR897,
and CR898. The fourth site is an eastern extension of the Hamelia Midden Site, 8CR875.
recorded in a previous survey on a parcel adjoining the subject parcel to the west
(Beriault 2003).
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All of the sites on the subject parcel are black dirt middens. All four sites are of at least of
local significance and are potentially eligible for listing on the National Register of
Historic Places under Criterion D. (NRHP Code of Federal Regulations, 36CFR Part
60.4) as sites: That have yielded, or may be likely to yield, information important in
prehistory or history. '
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In addition, previous work at the western component of the Hamelia Midd'en, 8CR875,
noted human remains, likely from a human burial (Beriauit 2003).
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It is possible that the high. site density that occurs here is because of the area's association'
\Vith the deeper marsheslhigh ground hammock areas of Rattlesnake Hammock that
surrounds the subject parcel. Due to the moderate size of the subject parcel, however, it
is possible that additional archaeological material, features or small sites could occur.
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The four archaeological sites may in part or whole be preserved as greenspace as part of
an 'agreement to develop the Newton PUD parcel immediately west of the subject parcel.
If development is scheduled for the subject parcel that will impact any part of the four
sites, further archaeological work should be performed as mitigation to any adverse
impacts to the sites. Any demucking of ponds should be subject to monitoring by an
archaeologist If any archaeological materials are encountered during develop:rp.ent, then.
the consultant archaeologist and appropriate agencies should be notified. If human
remains are found then State Statute 872.05, the Unmarked Human Graves Act, will
apply.
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, Agenda Item No. SF
. June 6, 2006
Page 240 of 246
-
Results and Conclusions
._"._'-~----- .-----.--.- -.- -..,-...-..-- -_.,.........__..._~._.. _.-, -.---'--- ......-----..-.------.---. .~-,-..._- . ...
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This phase 1 assessment of the 20 acre Newton Square parcel resulted in the investigation a9~
of all parts of the subject parcel. Four medium to high probability archaeological targ ,
were identified. Ten test holes were dug in the four targets with the result that our
areas tested positive for archaeological materials. Three of these discreet hig ,ground
hammock ridges are newly recorded archaeological sites; these are sites CR ,CRoee;-- B1 "
and CR . The fourth site is an eastern extension of the Hamelia :Midden Site, 8CR875,
recorded n a previous survey on a parcel adjoining the subject parcel to the west
(Beriault 03. Bt:r8
All of the sites on the subject parcel are black dirt middens. All four sites are of at least of
local significanCe and are potentially eligible for listing on the National Register of
Historic Places under Criterion D. (NRHP Code of Federal Regulations, 36CFR Part
60.4) as sites: That have yielded, or may be likely to yield, triformatiori impoHant in
prehistory or histor:Y.
In. addition, previous work at the western component of the Ramella Midden, 8CR875,
noted human remains, likely from a hUIilan burial (Beriault 2b03).
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It is possible that the high site density that occurs here is because of the area's association
with the deeper marshes/high ground hammock areas of Rattlesnake Hammock that
surrounds the subject parcel. Due to the moderate size of the sUbject parcel, however, it
is possible that additional archaeological material, features or small sites could occur.
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Tbe four archaeological sites may in part or whole be preserved as greenspace as part of
an agreement to develop the Newton PUD parcel immediately west of the subject parcel:
If development is scheduled for the subject parcel that will impact any part ,of the four
. sites, further archaeological work should be performed as mitigation to any adverse
impacts to the sites. Any demucking of ponds should be subject to monitoring by an
archaeologist. If any archaeological materials are encountered during development, then
the consultant archaeologist and appropriate agencies should be notified. If human
remains are found then ,State Statute 872.05, the Unmarked Human Graves 'Act, will
apply.
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Agenda Item No. 8F
June 6, 2006
Page 241 of 246
'~_n__ ''---'--...-.'---.'- '---'~'-'-' Summary of Sites---'-,-- -- ,.-----,---~,-~-~
Site Name:
State Site Number:
Environmental Setting:
Location:
Site Type:
'Site Function:
Description:
. Chronology:
Collections:
Previous Research:
Ramella Midden (eastern component)
8CR875
Tropical hardwood hammock adjoining transverse slough
to south and east. A portion is now a cleared field
Range 26E, Township 50S, Section 23
Black dirt midden
Habitation, resource extraction
This site is characterized by a intensive midden deposit
situated northeast of the Rockedge Midden, CR874, and is
separated from that site by approximately 200 feet. Site
CR875 is located adjacent to a slough to the east. A rim
sherd of Fort Drum Incised dates the site to the Glades Ib
Period (1500-1250 BP). At least one human bone also was
recovered (Shovel test #13, FS-6) in the previous Newton
PUD project (Beriault 2003). The site extends east to the
lower slope of a promontory as it drops into IIiarshy ground
on all sides. The eastern site component is approximately
175 feet east-west by about 100 feet north-south. A
fragment of marine shell was found at the entrance to an
a:nimat. burrow near ST-2.
Prehistoric: late Archaic to Glades periods, specifically
Glades Ib (1500-1250 BP) ,
Faunal bone, ceramics, marine shell, artifacts (FS-l; 2, 3).
Human bone was observed but not collected.
Beriault, 2003
25
Agenda .Item No. 8F
June 6, 2006"
Page 242 of 246
-, ---'---PteservatiolrQuality:---'n'-- Falr'lo-excellent;'a"pomon"of-site'-area i!fm-5rigm~- , --
uncleared hammock, the greater portion is now a cleared
field
Ownenhip:
Private
. Significance:
Site is of least local significance and is potentially eligible
for listing on the National Register of Historic Places are so
under Criterion D. (NRHP Code of Federal Regulations,
36CFR Part 60.4) as sites: That, have yielded, or may be
likely to yield, information important in prehistory or
history. .'
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n, --:..--Site Name:
State Site Number:
Environmental Setting:
Location:
Site Type:
Site Function:
Description:
Chronology:
Collections:
Agenda Item No, 8F
June 6, 2006
Page 243 of 246
. Newton Sq.uare Ridge #1'---"',
8CR896
Tropical hardwood hammock adjacent to marsh sloughs to
north and south.
Range 2~, Township 50S, Section 23
Black dirt midden
Habitation, resource extraction
This site is characterized by an elevated hammock ridge
running slightly NW/SE on its long axis. The mantling
black dirt is shallow. ArChaeological material recovered
was characterized as faunal bone. The site is believed to
approximate the high ground portion of the ridge for an'
area of 250 feet, north-south, by50 to 80 feet east-west.
Prehistoric: late Archaic to Glades periods
Faunal bone (FS 7 and 8)
Previous Research: None
Preservation Quality:
Ownership:
Significance:
Good to excellent, the site area is in original, uncleared .
. hammock
Private'
Site is of least local significance and is potentially eligible
for listing on the National Register of Historic Places are so
under Criterion D. (NRHP Code of Federal Regulations,
36CFR Part 60.4) as sites: That have yielded. or may be
likely to yield, information important in prehistory or
history.
27
Site Name:
State Site Number:
Environmental Setting:
Location:
Site Type:
Site Function:
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Significance:
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8CR897
Agenda Item No. 8F
June 6, 2006
Page 244 of 246
Tropical hardwood hammock adjoining transverse slough
to south and east. A portion is now a cleared field
Range 26E, Township 50S, Section 23
Black dirt midden
Habitation, resource eXtraction
This site is characterized by a moderately intensive midden:
deposit situated on a small, narrow elevated ridge area
immediately north of a deep marsh/willow pond area' near
the central portion of the parcel. Ridge orientation is
roughly east-west on its long axis. Shovel tests placed at '
either end of the ridge were positive. This area was likely a
processing area for animals caught in the marsh to the
south. Material recovered, waS primarily faunal bone. The
ridge averages 30 feet wide by 100 feet long.
Prehistoric: late Archaic to Glades periods
Faunal bone (FS 4 and 5)
None
Fair to excellent, a portion of site area is in original,
uncleared hammock, the greater portion: is now. a cleared
field .
Private
Site is of least local significance and is potentially eligible
for listing on the National Register of Historic Places are so
under Criterion D. (NRHP Code of Federal Regulations,
36CFR Part 60.4) as sites: That have yielded, or may be ,
likely to yield, infonnation' important in prehistory or
history. '
28
_Site N~IP-~:,
State Site Number:
Environmental Setting:
Location:
Site Type:
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Site Function:
Description:
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Agenda Item No. 8F
June 6, 2006
Page 245 of 246
Ne\\1Qn'HammQck______
8CR898
Tropical hardwood hammock adjoining marsh/slough to
northwest
Range 26E, Township 50S, Section 23
Black dirt midden
HabitatiOI\ resource extraction
This site is characterized by a moderately intensive nlidden
deposit situated southeast of a large circular willow
marsh/slough in the extreme southeast corner of the subject
parcel. It is largely elements of this midden extend into the
adjoining properties to the south and east. A moderate
amount of faunal bone was recovered from one shovel test.
, It is likely the site boundaries are coincidental to the upland
ha.mmock area. The site area is approximately 75 feet east-
west by 100 feet north-south.. '
Prehistoric: late Archaic to Glades periods
Faunal bone (FS 5)
Previous Research: None
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Good to excellent, the areas to the south and ,east have
"improvements" by different property oWIiers
Private
Site is of least local significance and is potentially eligible
for listing on the National Register of Historic Places are so
under Criterion D. (NRHP Code of Federal Regulations,
36CFR Part 60.4) as sites: That have yielded, or may be
likely to yield. information important in prehistory or
history.
29
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Agenda Item No. 8F
June 6, 2006
, Page 246 of 246
-- .---..-.- ...--.----..-----------.-----... ._--...
The four archaeological sites or components will be preserved as greenspace as part of an
agreement to develop the Newton PUD p~cel immediately west of the subject parcel. If
any development is scheduled for the subj ect parcel that will impact any part of the four
sites or adjacent marshes, further archaeological work should be performed. Any
demucking of ponds should be subject to monitoring by an archaeologist. Any removal of
exotic vegetation or clearing should be coordinated and monitored by an archaeologist. If
any archaeological materials are encountered during development or ground disturbing
activities then the consultant archaeologist and appropriate agencies should be notified.
If human remains are found then State Statute 872.05, the Unmarked Human Graves Act,
will apply.
30
EXECUTIVE SUMMARY
Agenda Item No. 9A
June 6, 2006
Page 1 of 11
:- -- _.>.".'.-', ";; :C-'_ -'-- c, ,'-.,".',',' - ,<'
-
APPOINTMENT C?fMEMBER(S) TO THE COUNTY GOVE~NT PRODUCTIVITY
COMMITTEE .
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on
February 4, 2008, to the County Government Productivity Committee.
CONSIDERATIONS: The County Government Productivity Committee has 1 vacancy due
to a resignation with the term expiring on February 4, 2008. This committee is composed of 11
members, with the vice chair of the Board of County Commissioners serving in a liaison
capacity. The members are appointed by resolution of the Board of County Commissioners for a
two-year term and must be permanent residents and electors of Collier County. Committee
members are required to possess special expertise and experience related to managing large
organizations, and must be balanced in representing the views of the community. The committee
reviews the efficiency of departments of County Government under the jurisdiction of the Board
of County Commissioners. The committee may analyze and review existing structure,
organization, staffing, management, functions, business practices, and procedures of any or all
parts of county government and make recommendations for increased efficiency and cost-
effectiveness. The committee may also assist in the implementation of those recommendations.
A list of the current membership is included in the backup.
Mr. Glen D. Harrell resigned on April I?, 2006. A press release was issued and 1 resume was
received from the following interested citizen:
-
APPLICANT
CATEGORY
DlST ELECTOR ADV. COMM.
I Joe Swaja
I Executive Leadership
~ None
COMMITTEE RECOMMENDATION: Joe Swaja
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: JUNE 6, 2006
-
Agenda Item No, 9A
June 6,2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9A
Appointment of member to the County Government Productivity Committee.
6/6/2006 9:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
5/2120069:26:43 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
512212006 5:31 PM
Agenda Item No. 9A
June 6, 2006
Page 3 of 11
MEMORANDUM
TO: Sue Filson, Executive Manager, Board of County Commissioners
FROM: Michael 1. Sheffield, Productivity Committee Staff Liaison
DATE: May 19,2006
SUBJECT: Current Vacancy on the Productivity Committee
As you are aware, the Productivity Committee currently has one vacancy as the resuh of the
resignation of member Glen Harrell.
In accord with Collier County Resolution 2006-83, at their May 17, 2006 meeting, the Productivity
Committee voted (unanimously) to recommend to the Board of County Commissioners that the single
applicant, Joe Swaja, be appointed to the Productivity Committee.
If appointed by the Board of County Commissioners, Mr. Swaja will serve the remainder of Mr.
Harrell's tenn (1 year and 8 months), and will be eligible for reappointment in February 2008.
Name
Joe Swaja
460 Battersea Ct
Marco Island, FL 34145
District
District 1
Current Number of Members per Conunission District, as of May 19,2006:
DIstrkt c____ N_ller PC Mmillel'll
N_ber
1 Fiala 1
2 Halas 1
3 Hennin2 4
4 Cov1e 4
5 Coletta 0
Agenda Item No. 9A
June 6, 2006
Page 4 of 11
, County Government Productivity Committee
\
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Lawrence M. Baytos 06/28/05 02/04/07 2 Years
252 Cheshire Way 592-1398
Naples, FL 3411 0
E-Mail: audubull@comcast.net
District: 2
Category: Human Resources; Mgmt Strat; Productivity; Retired
Commissioner Jim Coletta 774-8097 01/10/06 01/09/07 1 Year
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail:
District: 5
Category: Vice-Chairman
Mr. John F. Barlow, Jr. 04/12/05 02/04/07 2 Years
4351 Gulf Shore Blvd., N. #19N 649-6380
Naples, FL 34103
, E-Mail: johnbarlow@lerivage.net
District: 4
Category: BS Business Administration
Mr. Robert Dictor 01/l0/06 02/04/08 2 Years
141 Gu1fj>ort Ct. 389-2638
Naples, FL 34145
E-Mail: rdictor@prodigy.net
District: 1
Category: General Management
Mr. Robert C. Bennett 290-2331 03/28/06 02/04/07 1 Year
285-1 West Naomi Drive 352-0219
Naples, FL 34104
E-Mail: robertbennett3@comcast.net
District: 3
Category: Executive Leadership; Utilities Mgmt
"::!3::..-~.:;;:-..z:~!::;;-"'~, :,'....'~~.~.......:~:;;J!:... .!1I1..... "l'I ~.KOO~.....;."'- .....~.~~...,,~,::=::j.:..o:::;..~\~.:c2
Wednesday,. March 29, 2006 Page 1 of 4
Agenda Item No. 9A
June 6. 2006
Page 5 of 11
( County Government Productivity Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Janet Vasey 01/12/99 02/04/00 1 Year
4398 Longshore Way North 598-4378 01/10/06 02/04/08 2 Years
Naples. FL 34119
E-Mail:
District: 3
Category: Budget & Finan"cial Anaysis; Operations Research
{,*f'~~ v
Mr. Glen D. Harrell fe q,,(\/Q 262-7100 01110/06 02/04/08 2 Years
3042 Driftwood Way, #4806 596-8521
Naples, FL 34108
E-Mail: glen.harrell@generalgrowth.com
District: 2 -'
-.,f- 30~
Category: General Management r1rt ,C title
· (10
Mr. Sydney E. Blum '){J P06594-7880 10/14/03 02/04/05 1.5 Years
237 RJlrning Tree...Dri\te /J.-1 261-1855 02/08/05 02/04/07 2 Years
( Naples, FL 34105
E-Mail: eescoo l@earthlink.net
District: 4
Category: Job costing; Mgmt Styles, Efficiency Training
Dr. James Alward Van Fleet
184 Spring Lake Circle
Naples. FL 34119
E-Mail: javanfleet@msn.com
District: 3
Category: Ph.D. Economics
04/12/05
02/04/07
2 Years
348-8162
Mr. Stephen A. Harrison 821-5180 01/27/04
4255 Gulf Shore Blvd, N. #1506 821-5180 01110/06
Naples, FL 34103
E-Mail: s-harrison@comcast.net
District: 4
Category: Economics/Finance/MarketinglCP A
02/04/06
02/04/08
2 Years
2 Years
(
~~-.:-...._.....---~ - .::=_-~"'!:!""~~~;.._~.r~::?:::;a;~:';'~=::-~::"~"~.:....2_...:~?':~=~.....;.:a...,.......:':t::",::'':]I.
WednesdllJ', March 19. 1006 Page 1 0/4
Agenda Item No. 9A
June 6, 2006
Page 6 of 11
County Government Productivity Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DoteRe-oppt 2ndExpDate 2nd Term
Ms. Colleen M. Kvetko 272-3483 01110/06 02/04/08
6623 Glen Arbor Way 353-0129
Naples, FL 34119
E-Mail: gogirlnaples@aol.com
District: 3
Category: Operations ResearchlGovernment/Human Resources
2 Years
Mr. Bradley A. Boaz 403-6712 01110/06
2185 Outrigger Lane 659-7006
Naples, FL 34104
E-Mail: dxdotcom@earthlink.net
District: 4
Category: Government/Human Resources
02/04/08
2 Years
'---
'W=;4;:;;;;;'-::lf~;:;;;;9:20ii6~'"-=='~'"-^===:"._-' P;;g;"j~JT---z;~,"=r;=,=~c.-===",
Agenda Item No, 9A
June 6, 2006
Page 7 of 11
(
County Government Productivity Committee
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 11 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No.
93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of
the BCC serving in a liaison capacity. Committee members are required to possess special
expertise and experience related to managing large organizations, and must be balanced in
representing the views of the community. The committee reviews the efficiency of departments
of County Government under the jurisdiction of the BCC. The committee may analyze and
review existing structure, organization, staffing, management, functions, business practices,
and procedures of any or all parts of county government and make recommendations for
increased efficiency and cost-effectiveness. They may also assist in the implementation of
those recommendations. Terms are 2 years.
(
FL STAT
Staff: Mike Sheffield, Assistant to County Manager: 774-8383
(.
~-C~~~~~~IO( -. _ ~"""""'~"::;~...::..",,:~~:':::::...'7:~1:'C:.'.:~~;:;:::;::~~~Z"~::!!::T"- - -". ..._--..:.,.;;......;..:z:;-.:;~~-==..:T2':r..';t~
Wednesday, March 29, 2006 Page 4 of 4
Agenda Item No. 9A
June 6, 2006
Page 8 of 11
MEMORANDUM
TO: Elections Office
F?t:: ,,"", """-
...... t",t'. p,
MAy [j (1~J V12D
SOarq Of, .'/ 2IJtJs
COlllI/; r'
. .....OrrJrr.
IISiho
!Jets
DATE: May 5, 2006
FROM: Sue Filson. Executive Manager
Board of County Commissioner
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
COUNTY GOV'T PRODUCTIVITY COMMITTEE
COMMISSION DISTRICT
Joe Swaja
460 Battersea Court
Marco Island, FL 34145
)
Thank you for your help.
MEMORANDUM
Agenda Item No. 9A
June 6. 2006
Page 9 of 11
DATE: May 5, 2006
TO: Mike Sheffield, Assistant to the County Manager
FROM: Sue Filson, Executive Manager ~.9 .
Board of County Commissioners ')(5 ~
RE: County Government Productivity Committee
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
10e Swaja
460 Battersea Court
Marco Island, FL 34145
Please let me know, in writing, the recommendation for appointment of tbe advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please include in your return. memo the attendance records of the applicants recommended for
reappointment.
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
MAV-04-2006 02:~1 PM
JOE .SWAJA
941 !l94 4599
P.01
Agenda Item No, 9A
June 6,2006
Page 10 of 11
- ;' .:-:'.-: -- - ... ... ... ~, - ... - ..
-
From the Desk of
Joe Swaja
'fl; ; 5U ( F" f L S <,......1
f,e OM: ..:7lJC ~ IPi'I
RECEI\/ED
MAY iJ ~.; 2006
Board of Cou;1t'i Comrrll~s:oners
~(JfJ1 rr11 nXE
,
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J ;;..rn401LIJ ($ /Pf 'f rW',!?L (C// n,m) F ,,('7.
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-
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COMMT
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--
MAY-04-2006 02:52 PM JOE SWAJA
941 :594 4~99
p.e2
P~n~e Item ~o. 9A
. June 6, 2006
Page 11 of 11
.~~...~
~S/04/2e~' 15:Sa
1744e1.8
~T'r' MG'Fi OFER_ IE
Board of COUDty Commlaioaen
>>IJ'~'. 'f"lItfaat 1nd1 ~ I
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Applieatlon for Adl'ilory Committeellf.8oards
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Agenda Item No. 98
June 6, 2006
Page 1 of 34
."-
EXECUTIVE SUMMARY
Board Consideration of the Implementation and Administration of the
Special Master Ordinance, Ordinance No. 2004-46, by the Special Master,
including the Workshop of January 20, 2006 and to take all Appropriate
Measures to Assure Impartiality and a Positive Public Perception in the
Special Master and the Special Master Program.
OBJECTIVE: Board consideration of the implementation and administration of the Special
Master Ordinance, Ordinance No. 2004-46, by the Special Master, including the workshop of
January 20, 2006 and to take all appropriate measures to assure impartiality and a positive public
perception in the Special Master and the Special Master Program.
CONSIDERATIONS: On June 22, 2004, the Board of County Commissioners (Board)
adopted Ordinance No. 2004-46, The Special Master Ordinance, whereupon, the Board created a
statutorily recognized alternate code enforcement system which gives special master(s) the
authority to impose administrative fines and other non-criminal penalties, in order to provide an
equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances
of Collier County.
,-
Section 7 of the Ordinance provides: The Special Master shall have the
jurisdiction and authority to do the following: Adopt rules and regulations for the
conduct of the hearings; subpoena power; hold hearings; to receive testimony;
issue orders including fines including recovering cost.
The Special Master Ordinance does not call for the Special Master to train or educate employees
of the County.
On September 22, 2004, the Board approved an agreement for Special Master Services for
Collier County Code Enforcement Department, #04-3677 for the services of Brenda C.
Garretson. The contract runs for two years: from October, 2004 through September, 2006. The
Agreement provides, in part:
2. STATEMENT OF WORK. The Consultant shall provide Special Master
services in accordance with the Scope of Services of RFP 04-3677
"Special Master Services for Collier County Code Enforcement
Department" and the Consultant's proposal hereto attached and
incorporated herein by reference, as well as additional services as required
and mutually agreed upon in writing by the Code Enforcement
Department and Consultant.
On January 20, 2006, Special Master Garretson with the assistance of the Collier County Code
Enforcement Director held a training session for the Code Enforcement Department.
-
1
Agenda Item No. 9B
June 6, 2006
Page 2 of 34
Excerpts from a transcript made from that training session indicate that the Special Master has
not retained the impartiality that must be observed in all cases that are brought forward (see
Exhibit B: page 6 lines 20-25; page 7 lines 1-15; page 54 lines 23 and 24). Residents must be
able to rely on the fact that issues brought before the Special Master are handled impartially,
without bias and that the hearing will result in the fairest possible outcome, one not prejudiced
towards one side or the other.
The Special Master Program has pre-judged our Residents based on statements made during this
special training session (see Exhibit B: page 36 lines 7-11) by the Special Master. Such
statements are not reflective of the impartiality of an Office that is supposed to be fair, impartial
and not prejudicial in any way. (Exhibit B also see page 4 lines 23-25; page 5 lines 1-7 and 23-
25; page 6 lines 1-7; page 9 lines 11-25; page10 lines 4-11; page 15 lines 16-21; page 22 lines 3-
13; page 30 lines 16-25; and page 31 lines 1 and 2.)
By ordinance, the Board of Commissioners granted quasi-judicial powers to the Special Master
to receive testimony, to issue findings of fact, to render decisions on matters as guilty or not
guilty and to issue orders. This is essentially no different than the role of a judge of a court of
law.
A public office is a public trust The people must have the right to secure and sustain that trust
against abuse. The public has the right to expect reasonable and fair treatment before our laws
and ordinances. In all such circumstances there must exist a clear separation between law
enforcement and the judicial powers. See 2003 decision of the Florida Supreme Court that
provides similar thought (Exhibit A).
FISCAL IMP ACT: None, upon the mere termination of the Agreement. A back-up attorney is
also under a separate agreement for Special Master and is on line to continue the Special Master
Program if the "primary" is unavailable or no longer under contract
If the Board determines at a later date to refund fines and costs paid by those persons adjudged
guilty of code violations and forgive liens imposed by the Special Master since January 20, 2006,
a fiscal cost will be realized - the information will be supplied separately.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDA TIONS: The Board act to terminate the services of Brenda C. Garretson as
Special Master under the Special Master Agreement for cause, or if not for cause, then for
convenience. Additionally, direct the County Attorney to research and report back to the Board
on the legality of this Board to order the refunding of all fines and costs paid and the satisfaction
or forgiveness of liens issued by the Special Master for all cases heard subsequent to the
Workshop held January 20, 2006.
2
Agenda Item No, 98
June 6, 2006
Page 3 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
98
Meeting Date:
Board Consideration of the Implementation and Administration of the Special Master
Ordinance. Ordinance No, 2004-46, by the Special Master, including the Workshop of
January 20, 2006 and to take all Appropriate Measures to Assure Impartiality and a Positive
Public Perception in the Special Master and the Special Master Program.
6/6/2006 9:00:00 AM
Prepared By
Sam Tucker
Executive Aide to the BCC
Date
Board of County
Commissioners
BCC Office
5/31/200612:53:36 PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
5/31/200612:54 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/31/2006 1 :26 PM
Westlaw:
842 So,2d 77
842 So.2d 77, 28 Fla. 1. Weekly S97
(Cite as: 842 So.2d 77)
H
Briefs and Other Related Documents
Supreme Court of Florida.
Inquiry Concerning a Judge, No. 99-09, re Patricia
KINSEY.
No. SC96629.
Jan. 30, 2003.
Rehearing Denied March 26, 2003.
In judicial disciplinary proceedings, the Supreme
Court held that: (1) judicial canon prohibiting a
judicial candidate from making statements that
appear to commit the candidate with respect to cases
or issues does not violate right to free speech; (2)
judicial candidate's statement of intent to "help law
enforcement by putting criminals where they belong-
-behind bars" was not protected by First Amendment;
(3) judge's campaign statement regarding her past
experience as a prosecutor was not improper; (4)
judicial candidate knowingly misrepresented facts in
campaign literature; (5) judicial candidate's campaign
literature commenting on pending criminal cases did
not violate any judicial canons applicable to
candidates for judicial office; (6) judicial candidate
engaged in conduct unbecoming a candidate for a
judicial post and brought the judiciary into disrepute;
and (7) public reprimand and a fine of $50,000 plus
costs was warranted.
Ordered accordingly.
Anstead. C.J., concurred specially and filed opinion.
Pariente. J., concurred and filed opinion.
Lewis. J., concurred in part, dissented in part, and
filed opinion.
Wells. J., dissented and filed opinion III which
Quince. J" joined.
West Headnotes
ill Judges ~1l(2)
227kl1(2)
The Code of Judicial Conduct governs the activities
EXHIBI......A~nda Item No. 98
1 f\.. June 6, 2006
Page 4 of 34
Page 1
of all members of the judiciary, even those seeking to
become members. West's F.S.A. Code of
Jud.Conduct. Canon I et seq,; West's F,S.A. Bar Rule
4-8,2(b),
ill Judges €;::;::>1l(2)
227kl1(2)
Canons L band 3 of the Code of Judicial Conduct
are directed only to a judge and hence cannot
constitute an independent violation as to a judicial
candidate who is not yet ajudge. West's F.S,A. Code
of Jud,Conduct. Canons L2,I; West's F,S.A, Bar
Rule 4-8,2(b).
ill Constitutional Law ~90.1(1.2)
92k90,l(] ,2)
ill Judges ~1l(1)
227kll (I)
Canon of the Code of Judicial Conduct, prohibiting a
candidate for judicial office from making pledges or
promises of conduct in office and from making
statements that commit or appear to commit the
candidate with respect to cases or issues likely to
come before the court, does not violate a candidate's
First Amendment right of free speech; State has a
compelling interest in maintaining public's
confidence in impartial judiciary, and canon is
narrowly tailored to protect those interests without
improperly restricting a candidate from stating
personal views. D,S.CA. Const.Amend, 1; West's
F,S.A. Code of Jud.Conduct, Canon 7A(3)(d)(i)-(ii).
ill Judges ~1l(2)
227kl1(2)
Judicial candidate's conduct in running campaign on
a platform that stressed her allegiance to police
officers, pledging to "help law enforcement by
putting criminals where they belong--behind bars,"
and to "bend over backward" to protect victims,
violated canon of the Code of Judicial Conduct
prohibiting a candidate from making pledges or
promises of conduct and from making statements that
appear to commit the candidate with respect to cases
likely to come before the court. West's F.S,A. Code
of Jud,Conduct, Canon 7 A(3)( d)(i)- (ii).
ill Judges ~1l(2)
227kl1(2)
@ 2006 Thomson/West. No Claim to Orig. D.S, Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
Judicial candidate's statement in campaign literature
that she had the "unanimous support of law
enforcement" and that she was endorsed by various
police associations did not constitute misconduct
under judicial canons.
ID Constitutional Law E?90.1(1.2)
92k90.1(1.2)
ID Judges €=>11(1)
227kll(l )
Judicial candidate's campaign literature, stating
candidate's intent to "help law enforcement by
putting criminals where they belong--behind bars,"
and to "bend over backward" to protect victims was
not protected speech under the First Amendment;
statements promised favorable treatment for certain
parties and witnesses, and created genuine concern
that defendants and criminal defense lawyers would
not be facing a fair and impartial tribunal. U.S,C,A.
Const.Amend, 1.
ill Judges €=;)1l(2)
227kII(2)
Judicial candidate's statements on radio interview in
response to inquiry as to whether she could be
impartial toward defense and prosecution, that her
experience as a prosecutor gave her a different
philosophical view from her opponent who had been
a defense attorney, did not improperly leave an
impression that, as a judge, candidate would remain
in "prosecution mode' and not rule in an even-handed
and impartial manner; comments permissibly
addressed the manner in which candidate's
background as a prosecutor prepared her for the
position of county judge. West's F.S.A. Code of
Jud.Conduct, Canon 7A(3)(d)(i)-(ii).
lMJudges ~11(2)
227k 11(2)
A judicial candidate is free to discuss his or her
background, qualifications
for the position, and character and integrity, as well
as the background and qualifications of his or her
opponent.
.I.2l Judges €=;)11(2)
227kl1(2)
Judicial candidate's statements on radio interview,
that it was a judge's responsibility to be "absolutely a
reflection of what the community wants" violated
judicial canon requiring a judicial candidate to act in
a manner consistent with the integrity and
independence ofthe judiciary, including the duty not
to be swayed by partisan interests, public clamor, or
Page 2
Agenda Item No. 98
June 6, 2006
Page 5 of 34
fear of criticism. West's F.S.A. Code of Jud.Conduct,
Canons 3B(2), 7 A(3).
l!.QlJudges ~1l(2)
227k II (2)
In determining whether a judicial candidate has
violated his or her oath to "act in a manner consistent
with the integrity and independence of the judiciary,"
the court may look to other canons governing the
duties of acting judges. West's F.S.A. Code of
Jud.Conduct. Canons 1.2,,1 7(A)(3)(a).
l!!l Judges E?1l(2)
227kl1(2)
A judicial officer must fulfill his or her obligation to
uphold the constitutional and statutory rights of the
litigants before the court, notwithstanding that such
decision may be unpopular with the community.
West's F.S.A, Code of Jud.Conduct, Canons 3B(2).
.L.lll. Judges ~1l(2)
227kII (2)
Judicial candidate's campaign literature knowingly
misrepresented the facts of a particular defendant's
case, for the purpose of demonstrating that
candidate's opponent for judicial office had a lack of
compassion for victims of crime, by stating that
candidate's opponent did not revoke the defendant's
bond when, in fact, defendant's bond was revoked;
although reprinted newspaper articles were included
in flyer, a voter should not be required to read the
fine print in an election campaign flyer to correct a
misrepresentation contained in large, bold letters.
West's F.S.A, Code of Jud,Conduct, Canons 7 A(3).
I.!B Judges ~1l(2)
227kll (2)
Judicial candidate's campaign literature knowingly
misrepresented the facts of a particular defendant's
case, for the purpose of embellishing her allegations
regarding her opponent's alleged leniency toward
criminals, by implying that defendant released on
bond had been charged with attempted murder and
burglary at the time of his appearance for bond
consideration, when such charges were not filed until
after bond had been set. West's F,S.A. Code of
Jud.Conduct, Canons 7 A(3).
I.!.1l Judges ~1l(2)
227kl ] (2)
Judicial candidate's campaign literature, commenting
on pending criminal cases and criticizing her
opponent's decision to grant bond in each case, did
not violate any canons of the Code of Judicial
Conduct applicable to candidates for judicial office;
<<:l 2006 Thomson/West. No Claim to Orig. U,S. Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
the pending cases were not likely to come before her
if she was elected to the office of county court judge,
West's F.S.A, Code of Jud.Conduct, Canon 3B(9),
7 A(3)( d)(ii).
@ Judges €;;;)1l(2)
227k11(2)
Judicial candidate, who ran campaign on a platform
that stressed her allegiance to police officers,
pledging to "help law enforcement by putting
criminals where they belong--behind bars," engaged
in conduct unbecoming a candidate for a judicial post
and brought the judiciary into disrepute by conveying
the false and misleading impression of the judge's
role; campaign materials gave the misleading
impression that a judge's role in criminal proceedings
is to combat crime and support police officers as
opposed to being an impartial tribunal where justice
is dispensed without favor or bias, West's F.S.A.
Code of Jud.Conduct, Canons 7 A(3)(a).
I!.&l Judges €;;;)1l(4)
227k11(4)
Public reprimand and a fine of $50,000 plus costs, a
sum representing approximately 50% of her yearly
salary, was warranted in judicial disciplinary
proceedings for judge who violated judicial canons
by her conduct in election campaign, running on a
platform that improperly stressed her allegiance to
police officers, pledging to "help law enforcement by
putting criminals where they belong--behind bars."
West's F.S.A. Code ofJud.Conduct, Canons 7A(3),
*79 The Honorable Harvey L. Goldstein, Chairman,
Hearing Panel, Florida Judicial Qualifications
Commission and John R. Beranek, Counsel to the
Hearing Panel, Tallahassee, FL; Thomas C.
MacDonald. Jr.. General Counsel, Florida Judicial
Qualifications Commission, Marvin E, Barkin and
Michael K, Green of Trenam, Kemker, Scharf,
Barkin, Frye, O'Neill & Mullis, Special Counsel and
Lansing C. Scriven, Co-Special Counsel, Tampa, FL,
for Petitioner.
Roy M. Kinsey of Kinsey, Troxel, Johnson &
Walborsky, Pensacola, FL, for Judge Patricia A.
Kinsey, Respondent.
PER CURIAM.
We review the recommendation of the Judicial
Qualifications Commission ("JQC") that Judge
Patricia Kinsey be disciplined. We have jurisdiction.
See art, V. 9 12. Fla, Const.
CHARGES
This case arose out of charges brought against Judge
Page 3
Agenda Item No, 98
June 6, 2006
Page 6 of 34
Kinsey alleging that she engaged in a pattern of
improper conduct *80 during the course of her 1998
election campaign for the office of County Court
Judge for Escambia County, Formal proceedings
were officially instituted against Judge Kinsey on
September 9, 1999, when she was initially charged
with eleven ethical violations, all based upon conduct
occurring during her election campaign, These
charges were amended on March 8, 2000, to include
an additional allegation which related to a radio
advertisement that was aired during the campaign. A
hearing was held before the JQC on June 12-13,
2000, at which time the campaign brochures and
radio excerpts were the primary evidence used to
support the charges. The JQC found Judge Kinsey
guilty or guilty in part of nine ethical violations:
CHARGE:
1. During the campaign, in violation of Canon ] ,
Canon 2A, Canon 3B(5), Canon 7A(3)(a), and
Canons 7 A(3)( d)(i)-(ii), you distributed a piece of
campaign literature entitled, "Pat Kinsey: The
Unanimous Choice of Law Enforcement For
County Judge" in which you stated that "police
officers expect judges to take their testimony
seriously and to help law enforcement by putting
criminals where they belong ... behind bars," as
opposed to simply pledging or promising the
faithful and impartial performance of your duties in
office....
PANEL FINDING:
1. Guilty as charged.
CHARGE:
2. During the campaign, in violation of Canon 1,
Canon 2A, Canon 3B(5), Canon 7A(3)(a), and
Canons 7A(3)(d)(i)-(ii), you reiterated your
commitment to the prosecution side of criminal
cases by distributing a piece of campaign literature
entitled, "If You Are a Criminal, You Probably
Won't Want to Read This," in which you stated that
"police officers expect judges to take their
testimony seriously and to help law enforcement by
putting criminals where they belong ... behind
bars!,["] as opposed to simply pledging or
promising the faithful and impartial performance of
your duties in office....
PANEL FINDING:
2, Guilty as charged.
CHARGE:
3, During the campaign, in violation of Canon 1,
Canon 2A, Canon 3B(5), Canon 7A(3)(a), and
Canons 7A(3)(d)(i)-(ii), you distributed a similar
@ 2006 Thomson/West. No Claim to Orig. U.S. Govt, Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
piece of campaign literature entitled, "Let's Elect
'Pat' Kinsey for County Judge," in which you
reiterated that "a judge should protect victims'
rights," and that judges must support "hard-
working law enforcement officers by putting
criminals behind bars, not back on our streets," as
opposed to simply pledging or promising the
faithful and impartial performance of your duties in
office.... At a minimum, statements of the nature of
those identified in paragraphs 1, 2, and 3 erode
public confidence in the integrity and impartiality
of the judiciary and commit or appear to commit
you with respect to issues that may come before the
court.
PANEL FINDING:
3. Guilty as charged.
CHARGE:
4. During the campaign, in violation of Canon I,
Canon 2A, Canon 7A(3)(a), and Canons
7 A(3)( d)(i)-(ii), you made statements during an
interview on a local radio station which exhibited a
hostility or apparent hostility towards defendants in
criminal cases. By way of *81 example, the
following colloquy occurred between you and a
caller to the radio show on which you appeared:
Caller: [M]y question is mainly pertained to Pat
Kinsey. Do you believe that as a Judge, you would
be able to stand up there, umm, because I do know
that you are pro-Iaw-enforcement, to be able to
make a decision without any bias towards the
defense or prosecution?
* * *
Pat Kinsey: As a prosecutor, I am different from a
defense attorney. I am trained, and I am ethically
obliged to look at a case, after an arrest has been
made and make a determination, what is just?
What is fair? What are the appropriate charges? ...
This is something that is much different from what
a defense attorney does. Much like Bill Green
before he went on the bench, he was a defense
attorney, that type of attorney, He is trained, and
he is ethically obliged at that time to zealously
advocate for his client. That is, do whatever he
could, under the law, to get his client free. And
that is why 1 think we have such a philosophical
difference, between us. I think, in my opinion, that
Judge Green is still in that defense mode.
(emphasis added)
As evidenced by the caller's belief that you were
"pro-law enforcement" coupled with: your (i)
failure to disavow the caller of your apparent bias
towards law enforcement; and (ii) attempt to
portray the incumbent as "still in that defense-
Page 4
Agenda Item No. 98
June 6, 2006
Page 7 of 34
mode," you left the firm and definite impression
that, as a judicial officer, you would be in a
"prosecution mode" and not rule in an even-handed
and impartial manner....
PANEL FINDING:
4. Not guilty as to "failure to disavow" but
otherwise guilty as charged.
CHARGE:
5. During the campaign and in violation of Canon
L Canon 2A, Canon 7A(3)(a), and Canons
7A(3)(d)(i)-(ii), you made the deliberate attempt to
cloak your candidacy in an umbrella of law
enforcement and portray yourself as a "pro-
prosecution/pro-law enforcement judge" by:
--disseminating a brochure entitled "Pat Kinsey:
The Unanimous Choice of Law Enforcement for
County Judge," ... in which you are shown in a
group photograph with ten law enforcement
officers;
--stating in a brochure entitled "A Vital Message
From Law Enforcement," ... that "victims have a
right to expect judges to protect them by denying
bond to potentially dangerous offenders" rather
than stating that you would consider bond
determinations fairly and impartially based on the
circumstances of the particular case (emphasis
added);
--pledging in a brochure entitled "The Alternative
for County Judge," ... that you would "bend over
backward to ensure that honest, law-abiding
citizens are not victimized a second time by the
legal system that is supposed to protect them"
(emphasis added);
--highlighting in several of your campaign
brochures that you had the "unanimous support of
law enforcement" and that "area police officers
[had] unanimously endorsed Pat Kinsey for County
Judge," thereby further reinforcing your alliance
with law enforcement;
--emphasizing in a brochure entitled "If You Are a
Criminal, You Probably *82 Won't Want to Read
This," ... that "Above all else, Pat Kinsey identifies
with the victims of crime," and that "Pat Kinsey
believes a judge should protect the victims of
crime, " rather than simply pledging the faithful and
impartial performance of your duties without
regard to holding defendants' or victims' interests
of paramount importance (emphasis added);
--stating during the aforementioned radio interview
referenced in paragraph 4 hereof:
[you] work[ed] very closely with law enforcement
officers as a prosecutor. And they're left begging
for help, And all they see when they come to court
is a judge, like Bill Green, who either dismisses a
@ 2006 Thomson/West. No Claim to Orig. U.S, Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
case or minimizes it by not holding the criminals
accountable.... Somebody has to hold these
criminals accountable. And that is why I am here.
--further commenting during the same radio
interview that:
I very much take exception to the fact that Mr.
Green says he's not a Liberal. He very definitely
is. And his record will show that. In fact, I invite
you to talk with the law enforcement officers who
have endorsed me unanimously.... Look to see who
they are supporting. Look to see who's [sic]
campaign they are contributing to. And I think that
will tell the story.
--referring to the defendant as a "punk " in your
campaign brochure entitled "A Shocking Story of
Judicial Abuse," ... thereby evidencing a certain
hostility or bias towards defendants generally,
PANEL FINDING:
5. Guilty as charged of cloaking her entire
candidacy in the umbrella of law enforcement and
portraying herself as a future pro-prosecution/pro-
law enforcement judge while characterizing her
opponent as dismissing criminals and not holding
them accountable. The charge contains 8 different
examples of similar conduct and these examples
represent the basic theme of the entire judicial
campaign by Judge Kinsey,
CHARGE:
6, During the campaign, in violation of Canon I.
Canon 2A, Canon 3B(9), Canon 7 A(3)(a), and
Canons 7A(3)(d)(i)-(iii), you knowingly
misrepresented in your campaign brochure entitled,
"A Vital Message From Law Enforcement," the
record facts concerning the defendant's appearance
before the incumbent for bond consideration in
State v. Alsdoif, Case No. 98-2993, including the
false statement that the defendant had been
"released .., into our community," when, in fact, the
defendant had not been released into the
community....
PANEL FINDING:
6, Judge Kinsey is found not guilty of this specific
charge. The charge is based on JQC Exhibit 4,
where Kinsey was accused of "knowingly" making
"the false statement that the defendant" (Alsdorf)
"had been released into our community...."
Although Kinsey is found not guilty of this
particular allegation from JQC Exhibit 4, she is
found guilty of other charges stemming from the
same piece of campaign material.
CHARGE:
7. During the campaign, in violation of Canon 1.
Page 5
Agenda Item No. 98
June 6, 2006
Page 8 of 34
Canon 2A, Canon 7A(3)(a), and Canons
7 A(3)(d)(i)-(iii), you knowingly misrepresented in
your campaign brochure entitled "A Shocking Story
of *83 Judicial Abuse," that your opponent, the
incumbent, had not revoked Grover Heller's bond
at an emergency bond hearing when, in fact, he had
revoked the defendant's bond. You further implied
that your opponent's role in that case was to protect
"an elderly law-abiding couple" and that the
incumbent's conduct represented a "shocking lack
of compassion for the victims of violent crime."
PANEL FINDING:
7. Guilty in part. The Panel finds guilt on the first
part of this charge in that candidate Kinsey made a
knowing misrepresentation concerning the bond
revocation but not guilty as to the charge of
"implying" a shocking lack of compassion for the
victims. This charge was based on Exhibit 6, "A
Shocking StOlY of Judicial Abuse, " which
concerned Judge Green's rulings on the Grover
Heller bond,
CHARGE:
8. During the campaign, in violation of Canon 1.
Canon 2A, Canon 7 A(3)(a), and Canons
7 A(3)(d)(i)-(iii), you knowingly misrepresented in
a radio advertisement the incumbent's role in the
Grover Heller matter by omitting crucial facts
relevant to an accurate portrayal of the incumbent's
conduct and by giving listeners the false
impression that the incumbent took no action to
protect an elderly couple from domestic violence....
The radio advertisement stated as follows:
What kind of man would beat up his own mother?
Meet Grover Heller, He was arrested for battery
after he grabbed his 63-year-old mother, slammed
her against a door and beat her with his fists,
sending her to the hospital. Incredibly, County
Judge William Green released this thug the very
next day, The son then threatens to kill his parents.
The frightened couple asked Judge Green to have
their son arrested. What did Judge Green do? He
offered to put the elderly couple in jail. You heard
ri ght.
Instead of jailing the abusive son, Judge Green
offers to put the elderly parents in jail. When
asked by reporters, why? [sic] Judge Green said he
was testing them to see if they were really afraid.
Since when does a law-abiding couple need to be
tested by a county judge who is supposed to protect
them. Sick of this kind of justice? Then vote no on
Judge William Green, Tuesday, September 1st.
Paid political advertisement, paid for and approved
by Patricia Kinsey, campaign nonpartisan,
~ 2006 Thomson/West. No Claim to Orig. D,S, Govt, Works.
842 So.2d 77
842 So.2d 77,28 Fla. 1. Weekly S97
(Cite as: 842 So.2d 77)
PANEL FINDING:
8. Not guilty. Although the Panel finds Judge
Kinsey guilty of other aspects of the Grover Heller
matter under charge 7, the Panel concluded this
separate charge concerning the same controversy
should not be sustained as an additional charge.
This was a 60 second radio spot and did not have to
contain the full facts of the controversy.
CHARGE:
9. During the campaign, in violation of Canon I.
Canon 2A, Canon 3B(9), Canon 7 A(3)(a), and
Canons 7 A(3)(d)(i)-(iii), in your campaign
brochure entitled "A Vital Message From Law
Enforcement," you knowingly misrepresented the
nature and seriousness of criminal charges which
were pending in State v, Johnson, Case No, 97-
4302, by giving the false and misleading
impression that the defendant had been charged
with *84 attempted murder and burglary at the time
of his appearance for bond consideration when, in
fact, no such charges were pending at the time.
Your campaign literature also stated that in a
restraining order in the case, the defendant is
quoted as having told the victim that he would kill
her 'Just like I buried that bitch in Mississippi,"
when, in fact, there is no such language in the
restraining order....
PANEL FINDING:
9. Guilty of making a knowing misrepresentation
as to the seriousness of the criminal charges which
were pending in State v, Johnson. Not guilty as to
the quoted matter attributed to the defendant in the
latter part of this charge, This language came from
a bond hearing rather than from a restraining order
but the Hearing Panel does not find this to have
been a knowing misrepresentation.
CHARGE:
10. During the campaign, in violation of Canon I,
Canon 2A, Canon 3B(5), Canon 3B(9), [and]
Canon 7A(3)(d)(ii), in your campaign brochure
entitled "A Vital Message From Law Enforcement, "
you publicized the details of the pending cases of
two criminal defendants, Stephen Johnson and
Gerald Alsdorf, to the public in a manner that
could affect the outcome or impair the fairness and
integrity of those proceedings....
PANEL FINDING:
10. Guilty as charged.
CHARGE:
11. During the campaign, in violation of Canon L
Canon 2A, Canon 7A(3)(a), and Canon
Page 6
Agenda Item No. 9B
June 6, 2006
Page 9 of 34
7A(3)(d)(iii), in your campaign brochure entitled
"A Vital Message From Law Enforcement," you
knowingly misrepresented the incumbent as Judge
"Let 'em Go" Green, who consistently ignored the
pleas of police officers, prosecutors and victims to
keep potentially dangerous individuals off the
streets....
PANEL FINDING:
11. Not guilty. Although use of "Let 'Em Go
Green" was inappropriate in the view of the
Hearing Panel, there was unrebutted evidence that
this nickname was commonly used by law
enforcement members in regard to Judge Green.
The Panel also notes that although available, the
former Judge Green was not called to testify by the
Investigative Panel. There was no evidence
offered to rebut Judge Kinsey's assertions of Judge
Green's inappropriate conduct in his criminal cases.
CHARGE:
12. During the campaign, in violation of Canon I,
Canon 2A, and Canon 7A(3)(a), you engaged in
conduct unbecoming a candidate for and lacking
the dignity appropriate to judicial office, which had
the effect of bringing the judiciary into disrepute,
by disseminating the statements set forth in
paragraphs 1,2,3,4,5,6,7,8,9, 10, and 11, and
affirmatively conveying the message that it is
permissible for judges to rule in a predisposed
manner in certain types of matters which may
come before them, Such statements
inappropriately attack the judicial system by
conveying the false and misleading impression that
a judge's role is to combat crime rather than judge
those who appear before the court as criminal
defendants in a fair and impartial manner.
Moreover, by the breadth of your unsubstantial
[sic] criticism, you diminished the public
perception of the impartiality, independence, *85
and proper responsibility of the judiciary.
PANEL FINDING:
12. Guilty as charged as to Charges 1,2,3,4, 5, 7,
9, and 10. Not guilty as to Charges 6, 8, and 11.
While this Court gIves the findings and
recommendations of the JQC great weight,--IElill
"the ultimate power and responsibility in making a
determination rests with this Court." Id.
Accordingly, we review the findings to ensure that
there is "clear and convincing evidence" to support
the alleged ethical violations--a standard of proof
which has been described as "more than a
'preponderance of the evidence,' but the proof need
not be 'beyond and to the exclusion of a reasonable
@ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
doubt.' "Id. (quoting In re LaMotte. 341 So.2d 513,
516 (Fla,1977)),
FNI. In re Davev, 645 So,2d 398. 404
(Fla,1994) ("The findings and
recommendations of the Judicial
Qualifications Commission are of persuasive
force and should be given great weight,"),
APPLICABLE LAW
I1JI.fl As an initial assertion, Judge Kinsey posits
that she should not be found guilty of violating
Canon 1, Canon 2A, Canon 3B(5), and Canon 3B(9)
because Canon 7 is the only canon applicable to the
charges. We agree. The Code of Judicial Conduct
governs the activities of all members of the judiciary,
even those seeking to become members, rFN21
Canons 1, band l. however, are directed only to a
judge and hence cannot constitute an independent
violation as to a judicial candidate who is not yet a
judge, rFN31 Canon 7, in contrast, clearly states that
it is applicable to all candidates who are running for
office, whether the candidate is currently an article V
judge or not, thus applying the same election rules to
both judges and candidates alike. Because all formal
charges sustained by the JQC were also premised on
alleged violations of Canon 7, which expressly
applies to judicial candidates, this claim does not
invalidate any of the nine charges that the hearing
panel found Judge Kinsey had violated. rFN41
FN2, Rule 4-8.2(b) of the Rules Regulating
The Florida Bar requires, "A lawyer who is
a candidate for judicial office shall comply
with the applicable provisions of Florida's
Code of Judicial Conduct." (Emphasis
added.)
FN3, The term "judge" is defined by the
Code as "Article V, Florida Constitution
judges and, where applicable, those persons
performing judicial functions under the
direction or supervision of an Article V
judge." Fla.Code Jud. Conduct, Definitions,
FN4. See also In re Davev, 645 So.2d 398.
403 (Fla,1994) ("This Court has consistently
ruled that pre-judicial conduct may be used
as a basis for removal or reprimand of a
judge. ").
First Amendment Challenge
Next, Kinsey asserts that her campaign speech is
protected by the First Amendment and relies upon the
recent case of Republican Partv of Minnesota v,
White, 536 U,S, 765. 122 S,Ct, 2528. 153 L.Ed.2d
Page 7
Agenda Item No. 98
June 6, 2006
Page 10 of 34
694 (2002). In White, Gregory Wersal attempted to
run for a judicial position on the Minnesota Supreme
Court and disseminated materials which were critical
of prior Minnesota Supreme Court decisions on the
issues of crime, welfare, and abortion. Based on this
campaign material, Wersal was accused of violating
Minnesota's judicial code which prohibited a
candidate for judicial office from "announc[ing] his
or her views on disputed legal or political issues."
Minn.Code of Jud. Conduct. Canon 5(A)(3)(d)(i)
(2000),~ Fearing further *86 repercussions,
Wersal withdrew from the election. Two years later,
Wersal ran for the same office and attempted to
discover whether the Lawyers Board would enforce
the "announce clause" and, if so, what was
prohibited. Although the Lawyers Board did state
that it had constitutional concerns about the clause, it
did not answer his questions as to what specifically
was prohibited. Wersal then filed suit in federal
court, challenging the constitutionality of the clause,
FN5, This canon was based on Canon 7(B)
of the 1972 American Bar Association
(ABA) Model Code of Judicial Conduct. In
1990, the ABA modified this canon based
on concerns that the 1972 version was
worded so broadly that it would violate the
constitution. Florida, unlike Minnesota,
changed its judicial canons to conform with
the 1990 version.
The United States Supreme Court in its review of the
announce clause concluded that the clause prohibited
"the candidate's mere statement of his current
position, even ifhe does not bind himself to maintain
that position after election." Id. at 2532. Because the
regulations at issue restricted political speech, the
Court applied the strict scrutiny test which requires
that the canon at issue be "(1) narrowly tailored, to
serve (2) a compelling state interest." Id. at 2534.
The Court noted that in order to show that the clause
was narrowly tailored, it must be demonstrated that it
does not "unnecessarily circumscrib[e] protected
expression." Id. at 2535 (quoting Brown v, Hartlaze,
456 U.S, 45. 54. 102 S,Ct. 1523. 71 L.Ed.2d 732
(1982)). Minnesota contended that its judicial canons
were narrowly tailored to serve two compelling state
interests: (1) preserving the impartiality of the state
judiciary (which protected the due process rights of
litigants); and (2) preserving the appearance of the
impartiality of the state judiciary (which preserved
public confidence in the judiciary). The Court found
that Minnesota was rather vague by what it meant by
"impartial," however, and found that a judge could
still be impartial even though he or she had expressed
his or her view on an issue. In its review, the Court
~ 2006 Thomson/West. No Claim to Orig. U.S, Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
noted that a sitting judge would have expressed his
opinion on issues, either through prior written
decisions or prior experience, but that these
preconceived notions did not necessarily affect his
impartiality because he would rule in the same
manner on the same issue, no matter which litigant
raised the issue:
We think it plain that the announce clause is not
narrowly tailored to serve impartiality (or the
appearance of impartiality) in this sense. Indeed,
the clause is barely tailored to serve that interest at
al!, inasmuch as it does not restrict speech for or
against particular parties, but rather speech for or
against particular issues. To be sure, when a case
arises that turns on a legal issue on which the judge
(as a candidate) had taken a particular stand, the
party taking the opposite stand is likely to lose.
But not because of any bias against that party, or
favoritism toward the other party. Any party taking
that position is just as likely to lose. The judge is
applying the law (as he sees it) evenhandedly.
Id. at 2535-36 (some emphasis added). The Court
also emphasized that the "announce clause" was
separate and apart from the "pledges or promises
clause," since Minnesota adopted a separate canon
which prohibited a candidate from promising or
pledging to act in a certain manner while on the
bench, Based on these observations, the Court found
that Minnesota did not fulfill its burden in showing
that the "announce clause" was narrowly tailored, and
hence found that the rule violated the First
Amendment.
ill In contrast to White, Florida does not have an
"announce clause" but instead *87 adopted a more
narrow canon, which provides as follows:
A candidate for judicial office ... shall not:
(i) make pledges or promises of conduct in office
other than the faithful and impartial performance of
the duties of the office; [or]
(ii) make statements that commit or appear to
commit the candidate with respect to cases,
controversies or issues that are likely to come
before the court....
Fla.Code Jud. Conduct, Canon 7A(3)(d)(i)-(ii). The
commentary to the canon stresses the concept that "a
candidate should emphasize in any public statement
the candidate's duty to uphold the law regardless of
his or her personal views." rFN61
FN6. Some of the statements Judge Kinsey
made during her campaign run completely
contrary to this commentary, For example,
in one radio address, Judge Kinsey declared
that it was her responsibility as a judge to be
"absolutely a reflection of what the
Page 8
Agenda Item No, 98
June 6,2006
Page 11 of 34
community wants." As is clear from this
country's history, there have been numerous
times where the popular will of the
community ran contrary to the law, In such
cases, it is the judge as the impartial
decision-maker who will ensure that the law
is complied with.
It is beyond dispute that Canon 7 A(3)( d)(i)-(ii)
serves a compelling state interest in preserving the
integrity of our judiciary and maintaining the public's
confidence in an impartial judiciary. rFN71 A
judicial candidate should not be encouraged to
believe that the candidate can be elected to office by
promising to act in a partisan manner by favoring a
discrete group or class of citizens. Likewise, it would
be inconsistent with our system of government if a
judicial candidate could campaign on a platform that
he or she would automatically give more credence to
the testimony of certain witnesses or rule in a
predetermined manner in a case which was heading
to court.
FN7, See In re Code of Jud. Conduct, 603
So.2d 494. 497 (Fla.1992) ("Maintaining the
impartiality, the independence from political
influence, and the public image of the
judiciary as impartial and independent is a
compelling governmental interest. It); see
also Landmark Communications, Inc., v.
Vb'zinia, 435 U.S, 829. 848. 98 S.Ct, 1535.
56 L.Ed,2d 1 (] 978) (Stewart, J., concurring
in the judgment) (ltThere could hardly be a
higher governmental interest than a State's
interest in the quality of its judiciary."); Cox
v, Louisiana, 379 U.S, 559. 565, 85 S.Ct.
476, 13 L.Ed.2d 487 (] 965) ("A State may
also properly protect the judicial process
from being misjudged in the minds of the
public."); Morial v, Judicia,,, Comm'n, 565
F,2d 295, 302 (5th Cir.1977) ("The state's
interest in ensuring that judges be and
appear to be neither antagonistic nor
beholden to any interest, party, or person is
entitled to the greatest respect. ").
In reviewing the "narrowly tailored" prong of the
test, we conclude that the restraints are narrowly
tailored to protect the state's compelling interests
without unnecessarily prohibiting protected speech.
As is clear from the canons and related commentary,
a candidate may state his or her personal views, even
on disputed issues. However, to ensure that the
voters understand a judge's duty to uphold the
constitution and laws of the state where the law
differs from his or her personal belief, the
@ 2006 Thomson/West. No Claim to Orig, U.S. Govt, Works.
842 So.2d 77
842 So.2d 77,28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
commentary encourages candidates to stress that as
judges, they will uphold the law.
Charges I, 2, 3, and 5
During Judge Kinsey's judicial campaign, she
distributed numerous pamphlets which depicted a
very "pro-law enforcement" stance. In charge 1,
Kinsey disseminated a brochure which showed a full-
page picture of her standing with ten heavily armed
police officers and was captioned "Who do these
guys count on to back them up?" Within the flyer,
she stated, "[Y]our police officers expect *88 judges
to take their testimony seriously and to help law
enforcement by putting criminals where they belong
... behind bars! "
Charge 2 is based upon another flyer entitled "Jfyou
are a criminal, you probably won't want to read this!
" In this leaflet, she again stressed, "[Y]our police
officers expect judges to take their testimony
seriously and to help law enforcement by putting
criminals where they belong ... behind bars! " The
brochure also declared, "Above all else, Pat Kinsey
identifies with the victims of crime."
A brochure entitled "Let's Elect Pat Kinsey" is the
basis behind charge 3. In this leaflet, she informed
the voting public that she believes, "We must support
our hard-working law enforcement officers by
putting criminals behind bars, not back on our
streets. "
Charge 5, which is drawn from the six brochures and
a radio interview, asserts that Judge Kinsey
deliberately attempted to cloak her campaign "in an
umbrella of law enforcement." In a flyer entitled
"The Alternative for County Judge," she stated, "Pat
Kinsey will support our valiant law enforcement
officers ... not make their job harder." She also
declared in this literature that, "Pat Kinsey will bend
over backward to ensure that honest, law-abiding
citizens are not victimized a second time by the legal
system that is supposed to protect them." This charge
also refers to statements in a brochure entitled "A
Vital Message From Law Enforcement," which
declared, "victims have a right to expect judges to
protect them by denying bond to potentially
dangerous offenders."
HI During oral argument, Judge Kinsey
acknowledged that Canon 7 was violated by her
statements that a judge should "help law enforcement
by putting criminals where they belong--behind bars"
and that she would "bend over backward" to protect
victims. She contends, however, that this should be
considered protected speech under the First
Page 9
Agenda Item No. 9B
June 6, 2006
Page 12 of 34
Amendment.
illIQl Although some of these charges taken in
isolation would not violate the judicial canons, taken
together it becomes clear that Judge Kinsey was
running on a platform which stressed her allegiance
to police officers. rFN81 Each of the charges
addressed above involved implicit pledges that if
elected to office, Judge Kinsey would help law
enforcement. Through these statements, Judge
Kinsey fostered the distinct impression that she
harbored a prosecutor's bias and police officers could
expect more favorable treatment from her as she
promised to support police officers and help them put
criminals behind bars, She also made pledges to
victims of crime, promising to bend over backward
for them and stressing the point that she identified
with them "above all else," thus giving the
appearance that she was already committed to
according them more favorable treatment than other
parties appearing before her. By disseminating
materials which promised a different treatment based
on the identity of the person appearing before her, it
is beyond question that these promises affect her
appearance of impartiality and fitness as a judge.
While our judicial code does not prohibit a candidate
from discussing his or her philosophical beliefs, in
the campaign literature at *89 issue Judge Kinsey
pledged her support and promised favorable
treatment for certain parties and witnesses who
would be appearing before her (i.e., police and
victims of crime), Criminal defendants and criminal
defense lawyers could have a genuine concern that
they will not be facing a fair and impartial tribunal.
We do not find that these types of pledges and
statements by a judicial candidate are protected by
the First Amendment.
FN8, Charge 5, for example, also contains
other alleged examples of misconduct, such
as highlighting that she had the "unanimous
support of law enforcement" and was
endorsed by both Florida Police Benevolent
Association and the Fraternal Order of
Police. This type of endorsement may
certainly be brought to the attention of the
voters and is not prohibited by the judicial
canons. However, based on other statements
contained in brochures as addressed above,
Judge Kinsey went beyond the permissible
boundaries.
Charge 4
l.Z.lOO Charge 4 is founded on comments that Judge
Kinsey made during a radio interview when a caller
asked if she could be able to make a decision without
@ 2006 Thomson/West. No Claim to Orig, U.S. Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. 1. Weekly S97
(Cite as: 842 So.2d 77)
any bias toward the defense or prosecution especially
after considering that she appeared to be very "pro-
law-enforcement." Judge Kinsey responded:
As a prosecutor, I am different from a defense
attorney. I am trained, and I am ethically obliged
to look at a case, after an arrest has been made and
make a determination, what is just? What is fair?
What are the appropriate charges? ... This is
something that is much different from what a
defense attorney does. Much like Bill Green
before he went on the bench, he was a defense
attorney, that type of attorney. He is trained, and
he is ethically obliged at that time to zealously
advocate for his client. That is, do whatever he
could, under the law, to get his client free. And
that is why I think we have such a philosophical
difference, between us. I think, in my opinion, that
Judge Green is still in that defense mode.
The JQC found that by answering the question in a
manner which portrayed herself as a prosecutor and
portrayed Judge Green as a defense attorney who was
still in a defense mode, Judge Kinsey left the firm
and definite impression that as a judge, she would
remain in the "prosecution mode." We disagree and
find the comments addressed the manner in which
Judge Kinsey's background as a prosecutor prepared
her for the position of county judge. Such comments
by themselves are not per se improper; a candidate is
free to discuss his or her background, qualifications
for the position, and character and integrity, as well
as the background and qualifications of his or her
opponent.
r9m om 11 During the same interview, however,
Judge Kinsey also stated that it was a judge's
responsibility to be "absolutely a reflection of what
the community wants." We conclude that this
statement is directly contrary to Canon 3B(2) of the
Code, which states, "A judge shall be faithful to the
law and maintain professional competence in it. A
judge shall not be swayed by partisan interests, public
clamor, or fear of criticism." Faithful adherence to
this canon is necessary to conform to Canon
7A(3)(a), which requires candidates for judicial
office to "act in a manner consistent with the integrity
and independence of the judiciary." Fla.Code Jud,
Conduct, Canon 7A(3)(a). rFN91 A judicial officer
must fulfill his or her obligation to uphold the
constitutional and statutory rights of the litigants
before the Court, notwithstanding that such decision
may be unpopular with the community. This is
fundamental to judicial independence. We therefore
find that this statement was a violation of Canon
7 A(3)(a).
FN9. In determining whether a judicial
Page 10
Agenda Item No. 98
June 6, 2006
Page 1 3 of 34
candidate has violated his or her oath to "act
in a manner consistent with the integrity and
independence of the judiciary," this Court
may look to Canons 1, b and 1. for guidance.
Charge 7
I.Ul In another piece of campaign literature entitled
"A Shocking Story of Judicial *90 Abuse," Judge
Kinsey misrepresented facts in order to demonstrate
that Judge Green had a shocking lack of compassion
for victims of crime. The flyer describes an incident
where Grover Heller was arrested after being charged
with battering his mother. Judge Green released him,
and soon afterward, the defendant's parents returned
to the judge asserting that the defendant was making
threatening phone calls. In bold large letters, the
leaflet then stated, "Instead of revoking Grover
Heller's bond and putting this abusive punk in jail,
Judge William Green offered to put his elderly
parents in jail. "
The statements contained in this brochure are clearly
intended to send the message that Judge Green did
not revoke Grover Heller's bond, when in fact he did.
Judge Kinsey asserts that her pamphlet did not make
a knowing misrepresentation because the flyer
included reprinted newspaper articles which detailed
the complete facts of the Heller case. Upon
reviewing the pamphlet, it is clear that voters were
not meant to read each of the articles: the reprinted
articles had very small print and most of the articles
were stacked on top of each other so portions of the
articles could not be read. More importantly, a voter
should not be required to read the fine print in an
election campaign flyer to correct a misrepresentation
contained in large, bold letters. There is clear and
convincing evidence that Judge Kinsey made
knowing misrepresentations as to her opponent's
actions on the bench in the Heller case.
Charge 9
!ill The JQC found Judge Kinsey guilty of making
a knowing misrepresentation as to the nature and
seriousness of the criminal charges which were
pending in State v. Johnson, implying that the
defendant had been charged with attempted murder
and burglary at the time of his appearance for bond
consideration when he had not. This charge relied on
a pamphlet entitled "A Vital Message From Law
Enforcement," in which Judge Kinsey detailed the
facts of several cases where "Judge 'Let 'em Go'
Green" released defendants into the community on
bond. The first case described in the flyer involved a
defendant named Stephen Johnson and stated that he
was charged with: "Attempted First Degree Murder,
Burglary of a Dwelling with a Battery, Violation of a
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
842 So,2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
Restraining Order (Domestic Violence) and False
Imprisonment (Kidnaping)." The brochure described
the facts of the case wherein Judge Green released
Johnson on bond after he violated a restraining order
by kicking down his wife's front door and attempting
to strangle her "to the point that he was charged with
attempted murder,"
The pamphlet leaves the clear impression that
Johnson had been charged with attempted murder and
burglary at the time he appeared at his bond hearing.
Contrary to the implication, Johnson was not charged
with these crimes until after Judge Green ordered his
bond set at $10,000, Judge Kinsey asserts that the
flyer does not contain an intentional
misrepresentation because the facts of the case would
have supported a charge of attempted murder and
burglary. We reject this argument as meritless. As
Judge Kinsey had already described the facts of the
case in detail, she had only one purpose for putting
the later charges in the brochure--to embellish her
allegations that Judge Green made various decisions
of a questionable nature while on the bench, There is
sufficient evidence to support the JQC's findings that
Judge Kinsey made intentional misrepresentations in
this flyer.
Charge 10
ll.1l Charge 10 alleged that Judge Kinsey violated
Canon 1, Canon 2A, Canon *91 3B(5), Canon 3B(9),
and Canon 7A(3)(d)(ii) by making public comments
on pending cases which could affect their outcome or
impair the fairness and integrity of those proceedings.
The brochure, "A Vital Message From Law
Enforcement," discussed the facts of three criminal
cases, two of which were still pending, and criticized
Judge Green's decision to grant bond in each case.
The JQC found that Judge Kinsey violated the
applicable canons because her comments could have
affected the future outcome of these cases. Judge
Kinsey disagreed, asserting that in the subsequent
jury selection, no prospective juror knew of the
campaign literature so her comments did not affect
the outcome.
The JQC's findings seem to be premised on a
violation of Canon 3B(9), which prohibits a judge
from making any public comment on any pending
case where the comments might reasonably be
expected to affect its outcome. As noted above, we
find Canons I. band 1 are not applicable to the
circumstances and hence we review this claim in
light of the remaining applicable canon: Canon
7 A(3)( d)(ii), which prohibits a candidate from
knowingly making comments that commit or appear
to commit the candidate to cases or issues which are
Page 11
Agenda Item No. 9B
June 6, 2006
Page 14 of 34
likely to come before the court, We find there is not
clear and competent evidence to show that Judge
Kinsey violated this canon. Although Judge Kinsey
commented on two cases still pending, these cases
were not likely to come before her if she was elected
to the office of county court judge--the two pending
cases involved serious felonies which would be heard
in circuit court. We are concerned, however, as to
whether it is appropriate for a judicial candidate to
make public comments on pending cases where such
comments could affect their future outcomes and
accordingly refer this matter to the Judicial Ethics
Advisory Committee for study.
Charge 12
@ The panel found that based on the violations of
the canons as addressed above, Judge Kinsey
engaged in conduct unbecoming a candidate for a
judicial post and brought the judiciary into disrepute
by conveying the false and misleading impression of
the judge's role, particularly in the handling of
criminal cases. We agree. Judge Kinsey's campaign
materials gave the misleading impression that a
judge's role in criminal proceedings is to combat
crime and support police officers as opposed to being
an impartial tribunal where justice is dispensed
without favor or bias.
DISCIPLINE
We next turn to the appropriate sanction for Judge
Kinsey's misconduct. The JQC found that Judge
Kinsey was guilty of serious violations and that a
public reprimand alone was insufficient;
accordingly, the JQC recommended that Judge
Kinsey be publicly reprimanded and fined in the
amount of $50,000 plus the costs of these
proceedings. The amount of the fine represented
approximately 50% of her yearly salary, or in other
words, a six-month suspension without pay (which
was the other option that the JQC considered
imposing), The JQC explained this decision as
follows:
The Panel finds that Judge Kinsey is guilty of
serious violations growing out of her campaign in
which she was successful in obtaining the position
of county court judge. The Panel has no hesitancy
in recommending that she be publicly reprimanded
by this Court but believes leaving her in office with
no further penalty is entirely inappropriate. Under
the current Constitution, Judge Kinsey is subject to
removal or further penalty in the form of a fine.
The Hearing Panel has thoroughly deliberated this
issue and concludes that *92 the penalty imposed
here must be sufficient to strongly discourage
others from violating the Canons governing
contested elections.
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
842 So.2d 77
842 So,2d 77,28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
At least one member of this Panel strongly urged
Judge Kinsey's removal. This Panel member
concurs in and would apply the statement of this
Court in Alley that: "We find it difficult to allow
one guilty of such egregious conduct to retain the
benefits of these violations and remain in office."
However, the conduct in Alley was, in the view of
the majority of the Hearing Panel, significantly
more egregious than the conduct involved in the
present case. Judge Alley admitted to intentionally
misrepresenting the basic qualifications of her
incumbent opponent and in intentionally
misrepresenting her own qualifications. She
altered a published newspaper to make it appear
she had been endorsed by the paper which had
actually endorsed her opponent. She intentionally
injected party politics into the nonpartisan race.
Judge Kinsey's misconduct did not rise to this
level.
Despite the less egregious nature of the violations,
Judge Kinsey must be punished for her conduct
and such conduct simply cannot be tolerated in
future elections. While a reprimand alone is
insufficient, there was no evidence that Judge
Kinsey is presently unfit to hold office other than
her misconduct involved in winning the election.
Although such misconduct can rise to the level of
present unfitness as is required for removal under
Article V. ~ 12(a)(1), here, the Panel finds the
conduct does not warrant removal. Indeed, the
Investigative Panel made no direct argument to this
Panel that Judge Kinsey should be removed. (T.
45, 570-575). The recommendation of a penalty
was left entirely to the Hearing Panel.
Thus under all of the circumstances including the
very favorable character evidence, and after due
consideration, the Hearing Panel by a vote of at
least 4 members recommends that Judge Kinsey be
publicly reprimanded and fined the substantial sum
of $50,000.00 plus costs of these proceedings.
This amount should be paid within a reasonable
time and jurisdiction should be retained by the JQC
for purposes of enforcement.
Il.2l We agree with the JQC that Judge Kinsey is
guilty of serious campaign violations that warrant a
severe penalty. Accordingly, this Court agrees with
the JQC's recommendation as to discipline and finds
that a substantial fine is warranted in order to assure
the public that justice is dispensed in a fair and
unbiased manner and to warn any future judicial
candidates that this Court will not tolerate improper
campaign statements which imply that, if elected, the
judicial candidate will favor one group of citizens
over another or will make rulings based upon the
sway of popular sentiment in the community.
Page 12
Agenda Item No, 98
June 6, 2006
Page 15 of 34
CONCLUSION
We conclude that there is clear and convincing
evidence in support of the JQC's findings of fact that
Judge Kinsey violated Canon 7 as alleged in charges
1, 2, 3, 4, 5, 7, 9, and 12. We also agree with the
JQC's recommendation as to appropriate discipline of
a public reprimand, fine, and the cost of the
proceedings. Accordingly, we order that Judge
Kinsey pay a fine of $50,000, plus the costs of these
proceedings, and remand this case to the JQC for a
determination of the amount of such costs. In
accordance with the policy announced in In re Frank,
753 So,2d 1228 (Fla.2000), we also hereby command
Judge Patricia Kinsey to appear before this Court for
the administration of a public *93 reprimand at a time
to be set by the clerk ofthis Court.
It is so ordered.
ANSTEAD, C,J., PARIENTE, J., and SHAW and
HARDING, Senior Justices, concur.
ANSTEAD, C.J., concurs specially with an opinion.
P ARIENTE, 1., concurs with an opinion,
LEWIS, J., concurs in part and dissents in part with
an opinion.
WELLS, J., dissents with an opinion, III which
QUINCE, J" concurs.
ANSTEAD, C,J., specially concurring.
While I agree with the majority in upholding the
violations of Canon 7 found by the Judicial
Qualifications Commission, I find the determination
of appropriate discipline to be a more difficult and
close issue. Although the majority opinion does not
say so explicitly, it is apparent that the majority has
found the election campaign abuses demonstrated
here to be similar to those found in In re McMillan.
797 So.2d 560 (Fla.2001 ).
In addition to the evidence cited by the majority, the
testimony that appears most supportive of the
majority's decision is that of United States District
Court Judge Lacey Collier. Indeed, Judge Collier's
testimony is compelling in its condemnation of the
campaign tactics involved herein precisely because
such tactics misrepresent the proper role of the
judiciary and seriously undermine the public's
perception and confidence in a fair, impartial, and
independent justice system.
@ 2006 Thomson/West. No Claim to Orig. U.S, Govt, Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
Perhaps most importantly, Judge Collier explained
why the campaign's improper claim that judges
should be strictly bound to follow the currently
prevailing popular will was particularly damaging to
the public's understanding of the proper role of our
system of justice:
Q. All right. Judge, if you would refer to page 7 of
Exhibit 8. And do you see the statement about
halfway down made by Candidate Kinsey that,
quote, "It's the same law, but judges are
accountable to the community. A judge's
responsibility is to make sure," ellipsis, "that it's
absolutely the reflection of what the community
wants"?
A, Yes, sir.
Q, Judge, do those kind of remarks, in your view,
have any effect on the public's perception of the
judiciary?
A. That is an absolute misstatement of the role of
the judiciary, It is simply not appropriate that a
judge reflect what the community wants.
And I think the best example of that is the old
concept that a lynch mob is the perfect democracy
for everyone except the victim. And that is
probably the strongest way of suggesting that this
is grossly improper, to make that statement and
make that the expectation of the public.
Q. Judge, do have you any personal views on the
propriety of judicial elections?
A. Yes, sir.
Q. And can you share those views with the
Commission, please?
A. Well, I don't know how--how much of my
feelings you want, but I think the easiest way to get
into it is that it is--it is often argued in political
circles and discussions, academics and otherwise,
that if our founding fathers came back today and
drove down the street after landing in their
spaceship and saw a sign that says, "Vote for John
Jones as county judge," they'd get back on the
plane and leave because they *94 would be
convinced that they'd made a wrong turn and
landed in the wrong country because it didn't
resemble anything that they had envisioned when
they created what they thought was an independent
judiciary .
And elections, it is argued by many thinkers, is
simply incompatible with an independent judiciary
because it suggests this very thing, that the judicial
decisions should be a reflection of the community
and what the community wants.
And that's the troubling aspect of elections such as
this that we've had in this county and circuit this
past time, is that if that becomes the public's
expectations--that they're going to dictate to the
judges--ifthat were to continue to its ultimate, then
Page 13
Agenda Item No, 98
June 6, 2006
Page 16 of 34
they would be dictating to judges because the judge
would have grave concern about any case; in
particular, cases of public interest.
And I would suggest that the defendant in those
type of cases might be ill-served by that type of
attitude forced upon the judiciary by the
expectation of the public as suggested here, that
judges and their decisions should be an absolute
reflection of what the community wants.
Q. Now, Judge, have any of your opinions and
statements here today been affected by your
personal views on the propriety of judicial
elections?
A. No. I totally and completely support the laws in
Florida; suggest that--I think judicial elections,
while they might not be in the absolute best interest
of the public or the system, but they can be done
properly.
We've had elections in and about this county and
this circuit that did not seem to be conducted with
the same rancor and deception, disgusting
performance, that we saw in these elections.
And so my statements are not a condemnation of
the system as a whole. I think it can operate if
people properly have respect for the system and
stay within the bounds of propriety.
While the issue of discipline is close, I am moved
by the force of Judge Collier's testimony to join the
majority's conclusion.
P ARIENTE, J., concurring,
Although this case has produced several different
opinions as to the proper discipline to impose, it is
important to note that the Court unanimously
condemns the conduct of Judge Kinsey during her
1998 election campaign. Because of the view of
Justice Wells that this case only calls for a public
reprimand, and the view of Justice Lewis that the
conduct of Judge Kinsey during her election
campaign is sufficiently egregious to warrant her
removal, I write to explain why I agree with the
majority's decision to approve the recommendation of
the Judicial Qualifications Commission as to
discipline.
In Florida, the Code of Judicial Conduct attempts to
strike a balance between the need to inform the
electorate about the qualifications of judicial
candidates and the need for judges to maintain the
appearance of impartiality. Indeed, since our Code
was amended in 1994 to remove the "pledge and
promise" clause--the very clause found to be
unconstitutional in Republican Partv of Minnesota v.
White, 536 D,S. 765. 122 S.C!. 2528. 153 L.Ed.2d
694 (2002)-- hundreds of candidates campaigning for
@ 2006 Thomson/West. No Claim to Orig. D.S, Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
judgeships have successfully balanced the competing
interests inherent in judicial elections without making
statements that impugn their impartiality, cater to a
particular group, or make misrepresentations as to
their opponents' qualifications and track records,
In the past several years, we have had three notable
cases of judicial candidates *95 who stepped over the
line during elections: In re Allev. 699 So,2d 1369
(Fla.1997), In re McMillan. 797 So.2d 560
(Fl a.200 1 ), and now this case. In the case of In re
Alley there appears no doubt that a sanction greater
than a public reprimand would have been imposed
but for the fact that at that time the constitution
prevented the Court from increasing the proposed
sanction recommended by the JQC. rFN 1 01 See 699
So,2d at 1370. In McMillan, the respondent not only
committed serious violations while campaigning but
also, while sitting as a judge, committed additional
violations that called into question his continued
fitness to hold office. See 797 So,2d at 573.
FN10. See art. V, & 12(f), Fla, Const.
(1995). Prior to the adoption of the 1996
amendment, the only sanctions available to
the Supreme Court against a sitting judge
were public reprimand and removal. Also,
prior to the 1996 amendment, the Supreme
Court could accept, reject, or impose a lesser
sanction against a judge. However, the
Court was not authorized to increase the
proposed sanction of a public reprimand.
See In re Allev, 699 So.2d at 1370 n, 1.
Justice Lewis makes a strong case as to why Judge
Kinsey's conduct was intolerable. He asserts that if
the conduct was as egregious as the majority depicts,
then removal is the only alternative. He fears that
this Court will convey the message that, if willing to
pay a fine, a candidate can buy an election.
Admittedly, I have wrestled with the concept of a
fine, albeit a substantial one, as the appropriate
sanction in this case. However, I have reached the
conclusion that we should follow the
recommendation of the JQC for three primary
reasons,
First, the options now available to this Court to
impose sanctions for judicial violations of the Code
range from a public reprimand to removal from
office. Constitutionally authorized sanctions such as
the imposition of a fine and the suspension from
office fall between those two extremes, Because the
constitution has only recently been amended to allow
for the imposition of other sanctions, fFN 111 we have
Page 14
Agenda Item No. 98
June 6, 2006
Page 17 of 34
not developed a body of case law as to when a fine, a
suspension, or a combination of authorized penalties
should be imposed. However, a suspension, while
symbolically a stronger sanction than a fine, has the
unavoidable consequence of also creating a hardship
for the judicial system and the citizens of a particular
circuit by creating a vacancy in the judiciary for a
period of time. Thus, although imposing a fine may
not always be an entirely satisfactory method for
redressing the harm that has resulted from an election
violation, in my view, a fine, coupled with a public
reprimand, is appropriate in certain circumstances.
fFN121
FN 11. See art. V, & 12( a), F1a, Const.
(amended in 1996 to define "discipline" as
including "reprimand, fine, suspension with
or without pay, and lawyer discipline").
FN12. Cf. Pasquale v. Fla, Elections
Comm'n, 759 So.2d 23 (Fla, 4th DCA 2000)
(affirming fine for failing to report value of
a campaign contribution); Ferre v. State ex
rei, Reno, 478 So.2d 1077 (Fla. 3d DCA
1985) (affirming $35,000 fine on mayor
who accepted improper post-election
campaign contributions), approved, 494
So.2d 214 (Fla.1986); see also & 106.265,
Fla, Stat (2002) (authorizing imposition of
fine of up to $1000 for each count of
campaign financing violation).
Second, although this Court has the ultimate
responsibility under the constitution for the choice of
sanction, the JQC is the body that the constitution has
created to monitor the conduct of judges. While we
have not hesitated to disapprove recommendations
that we considered too lenient, most recently in the
case of In re Rodrizuez, 829 So,2d 857 (Fla.2002),
fFN 131 the recommendations *96 of the JQC as to
discipline have persuasive force and should be given
great weight. See In re Miller, 644 So,2d 75, 78
(Fl a.1994 ), Indeed, while this Court bears the
ultimate responsibility for discipline, in my view a
certain amount of deference is appropriate
considering the JQC's considerable expertise. I thus
rely on both the JQC's recommendations and its
stated explanation for the recommended sanction:
FN13. In that case, we rejected the initial
JQC recommendation, and subsequently
approved a more significant sanction, which
included a suspension, a fine, and a public
reprimand. See Rodrizuez, 829 So.2d at
858-61.
~ 2006 Thomson/West. No Claim to Orig. V.S, Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
The Panel has no hesitancy in recommending that
she be publicly reprimanded by this Court but
believes leaving her in office with no further
penalty is entirely inappropriate. Under the current
Constitution, Judge Kinsey is subject to removal or
further penalty in the form of a fine, The Hearing
Panel has thoroughly deliberated this issue and
concludes that the penalty imposed here must be
sufficient to strongly discourage others from
violating the Canons governing contested elections.
At least one member of this Panel strongly urged
Judge Kinsey's removal. This Panel member
concurs in and would apply the statement of this
Court in Alley that: "We find it difficult to allow
one guilty of such egregious conduct to retain the
benefits of these violations and remain in office,"
However, the conduct in Alley was, in the view of
the majority of the Hearing Panel, significantly
more egregious than the conduct involved in the
present case. Judge Alley admitted to intentionally
misrepresenting the basic qualifications of her
incumbent opponent and in intentionally
misrepresenting her own qualifications, She
altered a published newspaper to make it appear
she had been endorsed by the paper which had
actually endorsed her opponent, She intentionally
injected party politics into the nonpartisan race.
Judge Kinsey's misconduct did not rise to this
level.
Despite the less egregious nature of the violations,
Judge Kinsey must be punished for her conduct
and such conduct simply cannot be tolerated in
future elections. While a reprimand alone is
insufficient, there was no evidence that Judge
Kinsey is presently unfit to hold office other than
her misconduct involved in winning the election.
Although such misconduct can rise to the level of
present unfitness as is required for removal under
Article V. ~ 12(a)(]), here, the Panel finds the
conduct does not warrant removal. Indeed, the
Investigative Panel made no direct argument to this
Panel that Judge Kinsey should be removed. The
recommendation of a penalty was left entirely to
the Hearing Panel.
Thus under all of the circumstances including the
very favorable character evidence, and after due
consideration, the Hearing Panel by a vote of at
least 4 members recommends that Judge Kinsey be
publicly reprimanded and fined the substantial sum
of$50,000,OO plus costs of these proceedings.
Finally, and perhaps most importantly to me, Judge
Kinsey has now served more than four years since
her 1998 election and there has been no suggestion
that she has acted other than impartially to all
litigants since her election as a judge, In my view,
Page 15
Agenda Item No, 98
June 6. 2006
Page 18 of 34
the fact that there has been no suggestion that she has
conducted herself in a manner other than in accord
with the Code of Judicial Conduct substantially
differentiates this case from other cases in which we
have removed judges from office,
For example, in McMillan, while election conduct
charges were pending in this Court, additional
charges were filed *97 against Judge McMillan
involving actual cases in which Judge McMillan
served as a iudge. See McMillan, 797 So,2d at 564.
rFN 141 Because Judge Kinsey has, for four years
now, apparently conducted herself in a manner
befitting an impartial arbiter of the law, I am
compelled to concur with the JQC's finding that there
is "no evidence that Judge Kinsey is presently unfit to
hold office," and to support the JQC's
recommendation as to the appropriate discipline.
FNI4. See also In re Graziano. 696 So.2d
744 (Fla. 1 997) (affirming JQC's
recommendation that Judge Graziano be
removed from office for actions that
constituted "rank misuse of respondent's
judicial office").
Based on these considerations I conclude that the
substantial fine and public reprimand do not soil the
judiciary, but rather serve as a forceful warning that
the tactics in which Judge Kinsey deliberately
engaged during the election will not be tolerated by
this Court. I do hope that Judge Kinsey, the public,
and future judicial candidates receive the correct
message--not that justice is for sale or that the ends
justifY the means, but that to engage in this type of
campaign tactic imperils the very foundation of our
justice system.
LEWIS, J., concurring in part and dissenting in part.
While I concur in the decision of the majority
approving the Commission's finding a violation of
Canon 7 of the Code of Judicial Conduct by Judge
Kinsey, I cannot agree with a number of points
within the majority opinion. My consideration ofthe
Code leads me to conclude that the conduct presented
here is in violation of the principles outlined in
Canons l, b l, and L and this, along with a $50,000
fine, soils the judicial position to the extent that
removal is the only reasonable alternative. In my
view, one of the most important factors is that the
conduct this Court considers today was not simply
the product of an isolated instance of indiscretion, a
momentary lapse of judgment, or the exposure of
human frailty from which we all suffer from time to
time. The conduct here was repeated, intentional,
@ 2006 Thomson/West. No Claim to Orig, U.S. Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
direct action with a designed purpose which cast
aspersions and doubt onto the heart of the judicial
system and the elected judicial office sought by
Judge Kinsey. The proper discipline for this type of
conscious, purposeful behavior directed to the
judicial office is removal, and I dissent.
I fear that the majority opinion reflects an attempt to
"split the baby" in determining that the conduct
analyzed is not protected speech, yet the appropriate
discipline is to be a reprimand and an enormous fine.
In my view, the conduct here is either protected
speech deserving no discipline, or egregious non-
protected conduct and promises of future conduct
deserving of removal from the bench. I thus regard
the opinion voiced by Justice Wells in his dissent as
certainly an arguable perspective, but I must
respectfully disagree.
Conduct
First, I cannot agree with the majority's conclusion
that Canons 1. band l are totally inapplicable during
the candidacy of judges. The preamble to the Code
of Judicial Conduct reads: "The Code is designed to
provide guidance to judges and candidates for
judicial office and to provide a structure for
regulating conduct through disciplinary agencies."
Fla.Code Jud. Conduct, Preamble (emphasis
supplied). Further, as expressly noted by the
majority, see majority op, at 85 n. 4., but inexplicably
ignored, "This Court has consistently ruled that pre-
judicial conduct *98 may be used as a basis for
removal or reprimand of a iudge." In re Davev. 645
So.2d 398. 403 (Fla.1994). Although Judge Davey
had been elected at the time the misconduct occurred,
he was not a sitting Article V judge. Canon land
Canon 2 were determined to be applicable under such
circumstances, and the same reasoning should apply
here. Indeed, the Judicial Qualifications Commission
"has constitutional authority to investigate pre-
judicial acts and recommend to this Court the
removal (for unfitness) or reprimand (for
misconduct) of a sitting judge." Id.
The Code of Judicial Conduct expressly provides
that "[t]he Canons and Sections are rules of reason."
Fla.Code Jud, Conduct, Preamble. Therefore, the
interests underlying the Canons themselves must be
considered in connection with the issue of whether
they apply to candidates for judicial office as well as
sitting judges. "[J]udges, individually and
collectively, must respect and honor the judicial
office as a public trust and strive to enhance and
maintain confidence in our legal system." Id. This
principle is no less applicable to judicial candidates
than current judges; indeed, because judicial
Page 16
Agenda Item No. 98
June 6, 2006
Page 19 of 34
elections may represent one of the few times in which
the general public directly scrutinizes the behavior of
judges and judicial candidates, the entirety of the
standards enunciated in the Code must be followed
by both groups. We cannot have, and it is totally
unworkable and illogical to have, different and
multiple standards applicable to candidates for the
same judicial position,
Additionally, I read the text of Canon 7(A)(3)(a) as
requiring judicial candidates to conduct themselves in
accordance with the entirety of the Code.
Specifically, Canon 7 states: "A candidate for
judicial office shall maintain the dignity
appropriate to judicial office and act in a manner
consistent with the integrity and independence of the
judiciary...." Fla.Code Jud. Conduct, Canon
7(A)(3)(a). Clearly, this provision mandates that a
candidate for the bench must comply with the same
standards as sitting judges, The principles embodied
in Canons 1. band l are incorporated into Canon 7,
and cannot be simply ignored. Therefore, I dissent
from that portion of the majority opinion which does
precisely that.
I must also dissent from that part of the majority's
conclusion which addresses Charge 4. Having
repeatedly reviewed the comments expressed during
this radio interview, I must conclude that Judge
Kinsey's discussion with the caller had absolutely
nothing whatsoever to do with her background or
qualifications or those of her opponent, Judge Green.
Further, her comments did not relate to character or
integrity in any fashion. Her publicly broadcasted
commentary was nothing less than an attack upon
any and all attorneys who had at any time in their
pasts represented a criminal defendant, and was
specifically aimed at Judge Green. She portrayed
herself as a prosecutor who would continue to
prosecute--even though she was seeking election to
an office which demands nothing less than complete
neutrality. See In re McMillan, 797 So.2d 560, 571
(Fla,200 l) ("This Court has declared from time
immemorial that the lack of bias and partiality is an
essential prerequisite to service as a judicial
officer."). The campaign tactic here, as demonstrated
by Judge Kinsey's comments during this radio
interview, was nothing other than a "law and order"
campaign designed to inflame public opinion and
pander to principles totally contrary to a fair and
impartial application of the law by a neutral arbiter in
the judicial system. In my view, Judge Kinsey's
statements during this radio interview violated
Canons L b .1 and 7 of the Code of Judicial
Conduct, and constituted*99 a specific pledge and
promise of inappropriate conduct in judicial office.
@ 2006 Thomson/West. No Claim to Orig, U.S. Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
Discipline
As noted above, I concur in the portion of the
majority decision concluding that Judge Kinsey's
statements and conduct constitute pledges and
promises of conduct in judicial office not qualified as
protected speech under the decision of the United
States Supreme Court in Revublican Partv of
Minnesota v. White, 536 U.S, 765. 122 S.Ct. 2528.
153 L.Ed.2d 694 (2002), However, because "[t]he
Code of Judicial Conduct is clear and unambiguous
as to its proscription against both judges and judicial
candidates making 'pledges or promises of conduct in
office other than the faithful and impartial
performance of the duties of the office,' " McMillan,
797 So.2d at 566, the only rational conclusion would
be the removal of Judge Kinsey from the position
secured through inappropriate pledges and promises,
among the other violations.
In my view, the imposition of this fine, the amount
of which is clearly designed and intended to represent
the enormity of the reprehensible behavior, sends the
message to future candidates that they may violate
the Code and commit ethical breaches, if they are
prepared to pay a monetary fine following the
election. The kinds of promises and type of
condemnable campaign behavior demonstrated here
tarnishes the very purpose for which the judiciary
was established--to fairly and impartially consider
any and all matters, without preconceived notions or
positions about the merits of each case. Judges
should not pledge to be prosecutors or defense
attorneys; they should pledge to administer the law
neutrally and justly. In the final analysis, the
essential question here is whether the parent of a
child who has been wrongly accused of a crime could
walk into a courtroom and look to Judge Kinsey with
confidence that his or her child would be fairly
treated and given justice in her courtroom, After
hearing Judge Kinsey's radio interview, and reading
the campaign literature at issue, the clear answer is
no. I conclude that if the actions are so reprehensible
that the majority believes the imposition of a $50,000
fine is justified, those actions must certainly justiJy
removal from the office so tainted. Selecting an
enormous fine as discipline only sends the message
that "anything goes" in judicial elections if a
candidate has the financial ability to pay the
monetary consequences, Indeed, in this era in which
many judicial candidates in Florida are able to
produce significant campaign funds from donations
or personal assets, there may come a day when
candidates simply maintain monetary reserves to pay
fines following the election and then only the
economically powerful can successfully compete in
Page 1 7
Agenda Item No, 98
June 6, 2006
Page 20 of 34
the election process.
1 fear that the majority attempts to walk a fine, if not
illusory, line by determining that the United States
Supreme Court's decision in White does not protect
Judge Kinsey's statements, yet approving an
enormous monetary fine and reprimand as discipline,
The issue is quite clear to me: either this Court
should dismiss the charges of misconduct on the
authority of White, or the judicial office is so tainted
that a removal from office is the only rational result.
I believe the campaign actions of Judge Kinsey are
quite similar to the behavior relating to the credibility
of law enforcement witnesses described and
condemned by the Second District Court of Appeal
as "a flagrant violation of ... the Code of Judicial
Conduct" in DOllf!hertv v. State. 746 So.2d 486, 488
(Fla, 2d DCA 1999), "[T]o allow someone who has
committed such misconduct during a campaign to
attain office to then serve the term of judgeship
obtained by *100 such means clearly sends the wrong
message to future candidates; that is, the end justifies
the means and, thus, all is fair so long as the
candidate wins." McMillan, 797 So.2d at 573.
Based upon the foregoing, I respectfully dissent from
the majority's conclusions regarding the discipline in
this case. 1 would conclude that clear and convincing
evidence exists in support of the JQC's
determinations that Judge Kinsey violated Canons 1,
b .1 and Z. Further, if the payment of a $50,000 fine
is appropriate and necessary, it so taints the judicial
office that removal is the only alternative.
WELLS, J., dissenting.
I dissent from the majority's decision. I would
approve only the recommendation that Judge Kinsey
was guilty of material misrepresentations in charges 7
and 9. For that, I believe the appropriate sanction
would be a public reprimand.
My reason for dissenting as to the acceptance of the
other charges is that I believe that the JQC's findings
of guilt in respect to those charges are in direct
conflict with the decision of the United States
Supreme Court in Reoublican Partv of Minnesota v,
White, 536 U,S, 765. 122 S,O. 2528. 153 L.Ed,2d
694 (2002). While I agree with this Court's majority
that the Court in White did not declare our Code's
"pledge or promise" clause unconstitutional, I cannot
read the charges for which the JQC found Judge
Kinsey guilty in charges 1,2,3,4,5, and 12 as being
other than charges based upon Judge Kinsey
announcing her position on these matters. The guilty
findings run directly contrary to the United States
~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
842 So.2d 77
842 So.2d 77, 28 Fla. L. Weekly S97
(Cite as: 842 So.2d 77)
Supreme Court decision by which we are bound.
QUINCE, J., concurs.
842 So.2d 77, 28 Fla. L. Weekly S97
Briefs and Other Related Documents (Back to top)
. 2002 WL 32131244 (Appellate Brief) Judicial
Qualifications Commission's Amended Initial
Supplemental Brief (Aug. 2002)
. 2002 WL 32131246 (Appellate Brief) Judicial
Qualifications Commission's Supplemental Reply
Brief (Aug. 2002)
. 2001 WL 341 ]4578 (Appellate Brief) Judicial
Qualifications Commission's Reply Brief (Jan. 2001)
END OF DOCUMENT
@ 2006 Thomson/West. No Claim to Orig, U,S. Govt. Works.
Page 18
Agenda Item No. 9B
June 6, 2006
Page 21 of 34
EX\--H B \\Age~tem No 98
June 6, 2 06
Page 22 0 34
1
1
2
J
4
5
6
TR~SCR:PT OF AUDIOTAPE ENTI?LED
7
CODE i':N1'"ORCEMP.N't' DF.PT. ..rORKSHOP
8
SPECIAL r-'.ASTP.:R - GAFRE't'SO"
9
1/20/2006
",,,pe #1
10
11
12
13
H
15
16
17
18
19
2.0
?l
22
23
~4
25
Agenda Item No 19B
June 6, 2b06
Page 23 of 34
4
1
took :Lt, anti as:, me to make ie, a pare or Lht!
2
recor.ci. And we've been informa2 about it. It
:i probably !lhould be :,so:!1eth:.ng :::tDt w~ [ornLu!:i.7.e,
4 becn~8~ DS wo got more canes, there's a ~Dre
5 :'ikeli)"o<'l ch,'t we'.re gning to have people tr..at are
6 going ~o start appealing, ~nd r.hat'6 tho whole
7 purpose of having it a part of the record, if
8 somebody appeals, because it 1.C'S not part of che
9 record, tl.Ild chere's U.n ol'p<oa.l ",hieh gO~G to the
10 ciroLlit court. the circuit court doesn.'t have those
1\ photograph3,
1.2 So I think che better practic.e j6 for you to
13 'go,ahcad and aut~enticate the photograp~5 by saying
14 when you took tr~m and that you ~er.e the person
15 tr-&t tock thern ~~d t~en ask th~t they bQ ~ade a
16 part of the record.
17
And YOll can do it by composite. You dOll' t
18
h~ve to icentify, you know, each and everyone,
19
You can just say, can we a~nit these uS Compo~it~
20
Exh.ibi t 1. as '"hate\Ter.
21
Yes.
22
(Inaudible spe~kor_1
~'23
24
S?ECIA!. M.o"S'1'}:lol. GARRETSOl,: You have :'0 b~ 'Tory
caref~~ in intTGrnlcing yo~r r~or~ w~en there's an
._.~--_..._.._._.._.._----
:.!5
attor~ey presenc ag~in. kld wo'r~ going to talk
~.l
2
10
11
12
13
14
15
16
17
:LB
19
20
21
22
~.n
?1
Agenda Item No 98
June 6, 2 06
Page 24 0 34
5
",bout, l:<'lpcr~s a 1i:.tllil iurthc:t, i.1 th'Ls 0l:t.l.:.ne,
o~cause your report, you -- wnen you -- you are
3
s~ject to crc~~-exa~~n~tion o~ your ~eyort. If
4
it's ccnLrDcl.:.ctcd by another I-/it:nc",s or if yc~ have
5
put some 5ped.fi.c5 in there OI' ,1 sl ;,gl1t
6
exaggeration, there can be probl~ns with the
7
r€port:.
B
Let me dis~uss t~at when we get to th<<t pa~t
9
of it. VI'e'L! t.:\111: ;;bout it in more d<,):a:ils. And
I' 21 leave t.hat to yo'," to decide w{lether you th.i.nlc
it is a good i.dea, becaus'e you guy", Dr",; tn", ones
that are going to Of) making t.he .repo::-t, you kno....,
~rri.tinq up your report~, Ar-d I don't want you to
~eel conn trained in doi~g your report~
So whether it is ~ade a part of t.he record or
not, I dCm' t think. . is so i..po.rta..,t. I think YO'.lr
testi~ony on the record is the more i~ort~~c
thjng_
HICIIELLE: Can:r j~st nay, too, we ~ave to
make oure that ,;e've rcvie....ed that report. b() t.h..t.
,wr~tever is contained in that r~porL is something
tJ1<ll;: '",," actually \~ant to r..ave on ::.ne reco;:-d.
SF3C JAL ['IAS':'ER GI...'<RE'l'SGN: S"'~, t;11.;>t, , s the
'______'_ __,,___ ____ ,__,_.._._'u.. ._.._.., . ,.,_....:::".
dariger, bec<l1Jsc '-'hen it b",cornes .. m",tt'lr of t:r_"
2S record, ym: know, it'S J.J.1 ::hcrc, and that's a l;:,t
'-----
-.. 1
2
3
1
5
6
7
8
9
10
11
12
13
l4
15
!6
17
18
19
~ 20
21
22
23
2/;
'-5
of. wo=k fo~ you to do, is lO, you kr.ow,
Agenda Item No. 98
June 6, 2006
Page 25 of 34
6
~
cro,"S-l:'efel'ence a!ld check eve:::ythi:1g t:'lat you've
'---.
put in tl:.c:<re.
And teat's wby I'm saying if yo~ do
that, th.?n .i. t' s also sornet.hing that' Ii! open for
them, for them to exam~nc one to really put 'under a
microscope i:1stead of it beir.g something 1::hat you
call use and -- yes.
-----_._---_._-----_._-~---
( Inaudi bl e speaker. J
SPECIAL MASTER G;.:RRETSON: Pardon?
(Inau~ible sp~aker.)
SPECIAL lo1.b.STER GARRETSON: Yeah.
(Inaudible speaker.)
MICRELLj,~, I[ they ask for it.
Sl'ECIAI. Ml\.STER GARRETSON': \'jell. if they ask
Eor it, T~ey almos~ never ask for ie.
llICIIEL;:'E: Fl"<.lt once yo'..!' t'e in a nearing
p~aced~r~ and you've in~roduced it, then you're
opening it up. If there's som~thi~g that you
didn't really want them to see, why offer it.
SPECIAL ~utSTER GARR~?SON: See, this is wr.at
happens, Attorneys -- f~<.st 0: all, ~a9t attorneys
tl-.at come h-en~ are ur..f;unili.a.r. They're more
\,;nfaroiliar them any of you with the process, Trust.
~e. ~~ey ao~'t know -- I mean, they -- ; have
attorneys call me up, even though I'm thp. specia.l
~
2
J
4
5
6
7
8
9
10
11
12
13
14
15
:'6
17
18
19
20
21
77,
23
24
25
Agenda Item No. 98
June 6, 2006
Page 26 of 34
7
'master and I'Ill sUPPo.:Jed to he imp11.rtia.l, they w':'l1
call m~ and say, ney, I can't know what's going on,
tow ooes this work. ~r,d I gO, you can't call ~e,
~'bat (l~e you, n1.lts?
?~ey don't know what really goe~ on here. So
they're Pretty u~certain coming here. l~d they
don'r. prepare beCAuse they don't knO\" what theY':J:'e
-----------..----
preparin!; for.
50 they go off of ...hat they woula do j.f they
--'--.--.'------.-----.--.----...1.
we~e in a courtroom. So if yo~ presen~ a report,
-..----..---.-.-.'...---..-.-,-,--,--,--.....
what t~ey're going to do is they're going to tak=
th"t. n'port:,Olnd theY'Foe goir-g to _. also, to try to
look good in front of their client, t:hey're going
--...-.------.-------------
~o take that report and try to take it apart,
because that's all they have,
So that is like giving them some ammwlitian,
okay. And I'vG! seen it. ::!: don't kno'" if you helve,
but !'ve ~cen lawy~rs that have come in here ~~d
hav(! gone off on tangents whcm they've dont?
cro~s-exa~ir~tion. They're off --
(I:1audible speaker.l
SPE:CIlI.L MA.STER GARRETSON: y"ah, U-.ey' r€
fiGhir.g, They'ce, you know, trying to f~nd
somethjng, trying to trip sornebouy up, because ~hey
don't know what they're doir.g ~nd they oon't know,
10
~',ll
12
13
14
1~
16
l.7
JB
19
20
21
22
23
24
25
Agenda Item No. 9B
June 6, 2006
Page 27 of 34
9
r~c<;1mtnendao:.io..l ber:o-re I l'lea:r: from. t.he:~r anc O!lS ,yax.t
/.
of YOUL' Ca\SC --
3
~1IC'HEr.I.~~: I t.:hil:k ; t . fJ jt:sr.. -'- I t:llc:'iec/;/t.CUld
4
W~dt YDu'~e saying, It's jU6c how -- ~he flow ot
5
things, usually. in a courtroom, you havf'! your
6
prosecution, they l>ay their piece, and then lhe
'7
oth~r side. but if there w~re closing si.atementa,
8
So to speak, I g11C61' , if -- tr.e>n it would be :!:lore
9
appropriat~ after the ca~e is presentod on both
.side",
S"f:CIAL MAST'Bl\ G}!.R...',ETSON, Yeah, uSl..:ally, r
::,.e,ol1. tho .U;JY you ,....ould do it is; not give a
recommendation uutil I make a 'deci:;:i.or.. You KilO.....,
tl".en I would -- you know, tl".en I would flay. you
"-
know t~hat i:!l your J:"ecolTQ'llend.a.tiol'l. BecauGe I havA 'l
little hir, o.E a problem with you giVing- it to l:'e
during che Cil.6El, hecaus,. it' l!t abast like you
p"''''sum~ that J'm going to l:ule in your favor. Yuu
know what I mean? And r do~.t want the public to
b..ave that perc"ptior.. that you feel ';;0 confident,
that, I'm goir_Q to rule in Y01;r faver thilt. you're.
.
already t.<i!lling me Wh,ll; you're r"<,;ommending to do,
nut I don' t ::ecl -- .r don' t feel so sr,rongly
about it. YO',l :~no'''', I want. to bear \,;ho.t you q:.lYS
have t.O say cWout it. I mean -- :teah.
Agenda Item No. 98
June 6, 2006
Page 28 of 34
1(}
1
(Tnaudible sp..a,,:er.!
2
SPECIAL :nASr:::R GARRBT'SO)J: ;: jllmped the gun.
3
(Inaudibl03 speaker.)
~4
SPEC:LAr, ~STER GAR<t2"~'SON: ..ell, you know wh., t.
5
you know what that's =row ib tr~t ~he packag~
6
that they give _1\e has your written reCOtrl-"e.!lcation .
7
in there. which is probably b"d on rr.y p<lrt; becausG
8
I'm reading that. W'hich rna~eEl it even '..on~e.
9
Of course. t,hey don't knoW' I. have that. Tr.ey
10
th ink I'm pu1.1;i,ng it out of my head or my uutt. wno
11
:!<.nOWS 'Jlhich,
12
Y(1G, soznebody alse.
13
(InUlldible "P<M,k''''!'.J
1,1
SPBCIAL l<'..ASTER GARRETSON, Ul;-b.1..'J..
15
(Ina4aible speaker,)
16
SPEeD.!, MASTER GARRE'rSON: ~Jhat' d you have
17
{inaudible) ?
18
MICH~LLE: nut you a:l provide the accusing
19
document, ,oh,;,cb is the m;tice of viol<lXlon., ,,,hid:.,
20
lde..'1tifies chat: informat.ion,
7.1
(Inaudible speak€r,)
22
MICHELLE: On Lhe accusing dOC'L~~l,- or or- ~r.a~
23
on.
24
SP2CIAL MAS't~" G?>RRE'rRON, You 1:.."10W'. I tb.inil:
25
:.t',' s a ~afeguard, you k.!1o'",. 7,hE'1l o,-'G:l 1010'''' Lhat
J.O
11
12
13
14
15
~'16
17
18
13
20
21
2?
23
2<1.
25
Agenda Item No, 9B
June 6, 2006
Page 29 of 34
1.5
1
about ;;tffid(l,'J,i':',13 .:'.s t;.r~'1t ;,t actunlly :'.1> h"<'l~'-"'<lY,
2
"'_"la:, you ktLO~I, tne i'.lttor:r.ey ::JoliIl'm't: h<tv'<:l on
"3
opportunity to r.ross-examine ~~~t person abc~~ the
4
circUIllS1:allC611 or 't(h,u;ever. 8'0 t.echnic:aliy, yu~
~
know, the attor~ey does have a legitimat~ point if
6
thoy object. So my solutio~ to that wo~ld be to
7
give them &~ opportunity, but you k3ow, nine times
8
out of ten, the attc/I'ney just. w"nes eo make tl:e
9
point, bnt th,m doesn't ....aIu:. to really go thro'.lgh
what:: I
the procedure that ! would giv~ him to
solve the p~oble~.
(rrLa~dible speake~.)
SPECIAL MASTER Gl>RRSTSON: Yeah, I goter-a, I
;.;..no...... r.'know f'-xact,ly ",hat you'r<l talking ,:tbout:.
(Inaudible speaker.)
SPE.CIAL JtI'..J-'\STEll. GAP3.ETSON: You can. I don't
""ant you to go to that ext='e:::.e, because I think
t~ae it;.'s going to be ~~re thattn~t h~pp~ns. and!
t:.hink that -- ye.1~. if's gO.lf1g to ,only be when
601lleboO:y h,)$ D~"\ it.t;toxuey, It's only go.inq 1:0 i.:>e
w]1elJ tJ:'e .;lctorney is :paying ilttE'mtion. p.nd,[ t.lo.i'nk
-- T think if you're goir-g to qambl~. I'd rath~~
gouIDle with t:3e pos~ibili\;y :"Oll may I:.we t.rJ brine)
chG case back a.,d b~ing, ~he other investigator at
t.hae ti:nc,
"3
10
1.1
12
13
14
~5
IG
17
i8
19
20
21
22
23
24'
25
Agenda Item No, 9B
June 6, 2006
Page 30 of 34
22
1
S~ZCI~~ ~~STER GARRZ~SON:
(I:i<,_udib1,,) .
2
(Inaudib::'e "po..:~er.)
SPECIAL MASTER G~~ETSON: YOu :~lOW, and it's
4
impQrtant t,hat YOi.l tel::' me thos<1 th, ngs, uecause as
r-
~
yo~ cuy have Loticed, that if ~h~ Case has becr.
6
around a long time, t::'1GlC >:eally Visscs m" at!, I
.7
can say bad words, too.
8
Yeah, I don't like ic when they, you know,
9
have r..i:l.d ('l, rea2.1y,. really lor:g t.i.me. you know, team
Hay and it.. S December and they F;i)Y, \.o,'ei1, you kno."
I tried lase week and I COU1&l't get: anyuody to
come up. Well. it's been Ginc~ M~y_ Yo~ knad, you
could .have been trying.
Yea,
(Inaudible spaaker,)
(I!:nd of Tape 1, side A. J3egln Tape 1, Side
B.l
{Ini:l.Udib1e spea~er.)
SPECIAL MAS~ER GARRETSON: ,Yeah, all Chose
things are iLl\!)ortant to me. So dOll't neglect ;:,0
tell Ine Lh<<t. .~hen you're ....1'>8n yu:.t're pr""Elntillg
you!' case, and it's okay to tell lC,e that at t.l~e
b",ginning, y()~ don't ha...-e to "!;lYe t~al. [or yoar
~aco~rnendation4 You can t~11 m~~ wh~n you1re
pTese.nt:..i.ng your ca!Je, all t~os", things. If you've
30
1
But :1...1.: :c.e j".l-Elt. >>o.y that. cOllfid",.n()e i:1 :""DUl:.'
2
CaOl~ should l:.a.ve tJ".e oppo::lite, ;:l:c oYPo!!lite r<?lOul'::..
3
1,= s!1ould be that confidence .i 11 j?ou..r case maa.n.s
4
that:. YO'.l Gt,md t:.her~ <lr..ct Say, bring it on, what'/';
s
your question, Clna not bA d...f~Ilsive b",cau/';@. you
6"
leno'", YO'JI ca",e is ,,"ood. 'rh.ere . s nothi!lq cl1at:
7
.thoy're going t.o ask you th,lC'S going to ..hake YOl.:r
8
case . TJ:-J.l,~ 's the way YO'l should be respol~ding,
9
Okay. On page three, s~ip the first ~ar.t.
10
1"19' ve already really gODA over thaI'; Oltuff, And
1l
jump down to where it has -- ill the lower part, ir.
12
says, nur.'lber one - - and it - - there t S -",here T/;i;;l' re
13
talking about the l;';tlport. And you can pl'obably
H.
r~ad that in more detail. I'm Dot goir..g to go ov~r
1.5
it in. you kno\~, read i.t to you"
~~16
But the report .iG j~Gt the s~mmary of your
Eir.dinQ'I> and you :'1<'3l1e to quali..Ey your statements
1"1
18
arid ma.'<.e sure th<lX you s.;>.y :.hat they ,-u'e
1.9
ilpproximat,ioIlS. estimacio!IS, r.'ither than saying
20 , t.l~t th"y ,.re preci,.e .facts, bnc.;.use that' ~ w~o:re
2~ you get tripped up, because if you say it's 6.6,
22
six feet, nix inches, a:l,(f i L . s acr,U!J.12y six feet,
23
t\~O inches, ~.J:l<"rl, yon kno....., YO".l ',e ;r,adc to look ag
24
i:: YO'l'Te lying, misreprnS8l:cing, '....hace'ler, .
?5
So that'R why, w1:.oo.., you're p:.1tt.ing t:3ings in
Agenda Item No. 9B
June 6, 2006
Page 31 of 34
~
10
11,
J.a
13
14
J..5
16
1"
18
19
20
:n
22
23
24
25
Agenda Item No, 98
June 6, 2006
Page 32 of 34
3:
~
the r"'pot't, If you' :r'e going to i:ltrorluc<?- YOllT
2
r~o~t into evic~nc~, it ~un he used against you.
J
Yes,
4.
(:rr"l':l,cii'ble speDker.)
5
SPECIAL MAS'l'ER GA.:<.R3TSON': Sure., you <;:i:\n.
M~CHELLE; I didn't understand wrat __
7
SPECIAL }".ASTER GAfu<E't'SGN: The word. SUl!IllIary.
8
IInaudible speaker.)
9
SPECIAL :o!7ISTZR GARRETSON: It; says h",re to
~ake sure that you indicate at th~ begjnning of
your ;.-eporr: that:. it is a S1.21lmary of th.. findings
and not the complete findings, because the typical
question that an a~torney will ask is they'll ask,
well -- a question that's O;ll.;s;,de of the report,
and you'll say, well, vag, that was ~here. And
tl:ey'll say, well, you left t.hat out of your
report, So this re:pOrt is not cO"'P1p.te. So the::-e
are other thin,",s that you left_ ouc' of the ::-epo1't.
So. you knm..., you r...avC'.n' t done il complete
investigation. rhey try to rrak~ ir. look Q~ t~oligh
you've done a sloppy invcstig~tlo11. So that's why
you w~nt you~ r.aport to Gay it's a sun.~ry, t~~t
i~l~ noe a word E~r word, }~U k~ow, exact
rec,it8.l~iOIl of every si.r~gle thing that -,,,,,, (JO!'l"l.
i'.nd he's say lng, coultl the report say RUllImary
~l
-:.. . ~
~. = '..~. ..
10
11
12
.13
14
15
16
1"1
lfJ
19
20
21
:;!2
2.'3
24
;>,5
Agenda Item No. 98
June 6, 2006
Page 33 of 34
36
:L
paragraphs, b~t basically, it just says, you know,
2
pr~ar~ and -- it's just like giving a speech.
3
Paopte. ~lW'/lys say if you know what YOlt' re talking
4
about, t.h.ere' s no reason to l:)t:! norvous. l1nd you
'5
guyB know yo~r cases. Y01. know it better than
5
il.uybody else.
7
l1nd tho pe:r6on that' e going to be nervollS is
8
the person that's going tQ be standing at that
..
9
podi~ that's over there, bocause they're the on~q
that have violated. They're the ones that ~~ve
screwed up.
Yea.
(Inau<li:ble speaker. )
s~:gcrAL MASTER GA.."'RETSON; The not.lce to
appear, it doesn't have the -- the arrest pDwer
that a subpoena has_ I m~/ln. the -- the attacb~nt
power that -- it haa a notice to appear has a
ccmtempC poW'er, I believe. hut the subpoena has the
power that: you can send the
and r chinK taia is
correct. I'm going to find that out, but
M.rCHJ;:Lr,E: YElah. b<!cau:ge it's iSS'.lAd by you,
it haG a lot mor~ weight th~n something we mail
out.
SPECIAL MJI.STER Gl\.!tRJ!:'rSON: Yeah. If YO'.l quys
mail it out, you know, I would have to then -- if
10
11
12
1.3
14
15
16
17
18
19
20
21
:n
~i23
24
25
Agenda Item No. 98
June 6, 2006
Page 34 of 34
54
t
tho person ~akea an erro~, yOU j~st say, th~t'5 not
2
...hat I 8a.i.d. ! said 27 feet. I did.."l.' t say 72
:,
f e<>c,
'.I
So, you )mow. the main thing is listening to
what they say. If you see -- it's a lot of listen
6
carefUlly, remain calm. pay attention. bec~uEe
7
t~eir job is to confuse you, tD upset YDU, to get
8
you off tTi;l,ck. So review those things and r think
9
that .,il1 just give! yon more conti.ae.!lce.
The things on the o~her p<lges are more t.h~
.same, giving you trap 'Il-'estions, '..here ,'lIl attorney
might try to trap you, oDd gives you SOme answers
again.
And Chen when you get to 17 and 18 and 19,
they're just -- they're roally co~uon'sense things
t.hat r thi.nk you all probably already know aboL1t.
Some of th",,,, d.on't apply to YOll. Like are yoU
being pdid to testify in this CelSe. ;'lell.! get
paid a ~~lary. You know, I qat paid ~ salary to do
my job, but no. I'm not getting paid to testi.fy in
thiB p~rticular case, That would be a really aumb
thing fot:" ,:\ defensQ attorney to asl<:, but you Jc."lO'9,
sornetL~cs ~hey ask -- a lot of times they a~k dumb
t,hings.
So some of these thir:gs t..ill. not apply to YOll,
Agenda Item No. 10A
June 6, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the extension of
Vanderbilt Beach Road (Phase 1) from C.R. 951 to Wilson Boulevard. (Capital Improvement
Element No. 78, Project No. 60168). Estimated fiscal impact: $37,800,000.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of fee simple
interests and/or perpetual or temporary easement interests necessary for the construction ofthe Phase 1
Vanderbilt Beach Road extension improvement project from C.R. 951 to Wilson Boulevard (Project
No. 60168).
CONSIDERATIONS: After debating the need for, and the alignment of, the extension of Vanderbilt
Beach Road from its present terminus just east of C.R. 951 continuing east to DeSoto Boulevard, the
project has been adopted as part of the County's Long Range Transportation Plan (LRTP), an
alignment has been selected, and the roadway will soon be under design. Phase 1 of the project
extends from Collier Boulevard to Wilson Boulevard.
,_ Staff anticipates that this project will go to construction during fiscal year 2010. Therefore, all of the
right-of-way parcels must be purchased before that time. Adoption of the attached Resolution will
provide the Board's authorization and directive to staff to secure title work, obtain independent real
estate appraisals, make written purchase offers for the real property interests required to construct the
project, and to negotiate and close on the purchase of the aforementioned right-of-way and easement
parcels. Furthermore, adoption of the attached Resolution in advance of the typical design phase
milestones (30%, 60%, 90%, etc.) provides the earliest opportunity for property owners whose entire
property will be lost to cut their best deals and begin searching for replacement properties in earnest.
FISCAL IMPACT: Staff estimates the total cost to acquire the necessary right-of-way may run as
high as $37,800,000. This estimate includes all land and improvements, severance damage claims,
appraisal fees, title policies, and all expenses associated with purchasing the necessary right-of-way.
Furthermore, this estimate of the cost of the right-of-way, as well as the estimate of the cost of
construction, will be updated and will likely be modified as the design of the project evolves. At this
time, without a roadway or drainage design, all estimates are preliminary. All payments will come
from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds are
gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the
expansion of Vanderbilt Beach Road Extension (Project No. 60168) is an integral part of Collier
County's Growth Management Plan.
,-
Agenda Item No, 10A
June 6, 2006
Page 2 of 8
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this Executive
Summary.
Prepared by: Debbie Armstrong, Sr. Property Acquisition Specialist, TECM
Attachment: Gift and Purchase Resolution
_.
,,--'
Agenda Item No, 10A
June 6, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10A
Meeting Date:
Recommendation to adopt a Resolution authorizing the acquisition by gift or purchase of fee
simple interests in the proposed right-of-way, as well as perpetual, non-exclusive road right-
of-way, drainage and utility easements, and temporary driveway restoration easements, and
temporary construction easements, which will be required for the construction of roadway,
drainage and utility improvements to Vanderbilt Beach Road Extension from C.R. 951 to
Wilson Boulevard (Project No 60168) (Norman Feder, Administrator, Transportation
Services)
6/6/2006 9:00:00 AM
Prepared By
Debbie Armstrong
Property Acquisition Specialist
Date
Transportation Services
TECM-ROW
5/22/2006 3:44:56 PM
Approved By
Gary Putaansuu
Senior Project Manager
Date
Transportation Services
Transportation Engineering and
Construction
5/23/20066:54 AM
Approved By
Kevin H. Dugan
Project Manager
Transportation Engineering and
Construction
Date
Transportation Services
5/23/2006 7:42 AM
Approved By
Norm E, Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/23/2006 9:22 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
5/23/2006 9:53 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
5/24/2006 11 :37 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/24/2006 1 :01 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/24/2006 1 :47 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/20063:55 PM
Approved By
Agenda Item NO.1 OA
June 6, 2006
Page 4 of 8
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/20064:17 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25120065:10 PM
Agenda Item No, 10A
June 6, 2006
Page 5 of 8
RESOLUTION NO. 2006-_
A RESOLUTION AUTHORIZING THE ACQUIsmON BY GIFr OR PURCHASE OF
FEE SIMPLE INTERESTS IN TIlE PROPOSED RIGHT -OF- WAY, AS WEll.. AS
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND
UfILITY EASEMENTS. AND TEMPORARY DRIVEWAY RESTORATION
BASEMENTS, AND TEMPORARY CONSTRUCfION EASEMENTS, WHICH WlU..
BE REQUIRED FOR TIlE CONSTRUCTION OF ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS TO V ANDERBIL T BEACH ROAD EXTENSION FROM
C,R. 951 TO WlLSON BOULEVARD (PRomer NO. 60168).
WHEREAS, the Vanderbilt Beach Road Extension project was adopted in the 2025
Metropolitan Planning Organization's Long Range Transportation Plan in January 2001, and
updated and adapted in the 2030 Metropolitan Planning Organization's Long Range Transportation
Plan in January 2006, which is incorporated in the Collier County Growth Management Plan by
reference.
WHEREAS, the Vanderbilt Beach Road Extension project was added to the County's work
program dming the 2003 Annual Update and Inventory Report adoption meeting; and
WHEREAS, the consttuction of the trlInsportation improvements and related facilities along
the project coIridor, as depicted on EAhibit "A," are necessary in order to protect the health, safety
and welfare of the citizens of Collier County, and will assist Collier County in meeting certain
concurrency requirements of the Growth Management Plan for Collier COWlty.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Boam has determined that the construction of four lanes, in a six lane foot print, of
Vanderbilt Beach Road Extension from C.R. 951 to Wilson Boulevard (hereinafter referred to 88
"the Project") is necessary and is in the best interest of Collier County.
2. The construction and maintenance of the transportation improvements and related facilities
are compatible with the long range planning goals and objectives of the Growth M:.anagement Plan
for Collier County.
3. It is necessary and in the best interest of Collier County for the Beam to acquire a fee simple
interest in the proposed right of way, 88 wen as perpetual, non-exclusive road right-of-way,
drainage and utility easements, and temporary construction easements. and temporary driveway
restoration easements within the project corridor identified on Exhibit itA;" and County Staff is
Agenda Item NO.1 OA
June 6, 2006
Page 6 of 8
hereby authorized and directed to acquire said right-of-way and associaied easement interests by
gift or purchase.
4. The Board ~by directs S13ffto use independent appraisal reports or internal compensation
estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-
effective manner.
5. The Board. in accordance with the provisions of Section 125.355, Florida Statutes, hereby
formally waives the requirement for a fonnal, independent appraisal report for the purchase of a
property where the purchase price of the parcel (the compensation due to the property owner) is less
than One Hundred Thousand and 00/1 00 Dollars ($100,000.00). In lieu of the independent
appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar
amounts afwbich shall be prediCllted on "staff compensation estimates" based upon independent
appraisals (and the data therefrom) ob1ained on similar properties and upon consideration and
application of appropriate market value and cost data pertinent to the subject parcels.
6. Upon the approval by the CoWIty Attorney's Office of all documents necessary for the
subject property acquisition, Transportation Division staff is hereby directed to offer immediate
delivery to the respective property owners of compensation (as established by the apprai!l8l or staff
compensation estimates in IICcordance with the provisions ofScction 125.355, Florida Statures), in
return far the immediate and proper execution of the respective easements, or other legal documents
and/or affidavits as the CoWIty Attorney's Office deems appropriate in order to protect the interests
of the County; and the Board hereby authorizes its present Chainnan and any subsequent Chairman,
for the life of the Project, to execute any instruments which have been approved by the Office of the
County Attorney. to remove the lien of any encumbrance and for any rroch other pmpose as may be
required.
7. In those instances where negotiated settlements may be obtained via the "Purchase
Agreement" or "Easement Agreementn mechanism, the Administrator of the Transportation
Division, or any Project Manager of his designation, is hereby delegated the authority to approve
the purchase of land interests above the staff compensation estimate or appraised value and pay
nonnally related costs when it ill in the best interest of the Project, within the pro-rata share of the
land rights acquisition budget for the parcel being acquired., only when the difference between the
purchase price and compensation e!ltimBte or appraised value is less than Twenty-Five Thousand
and 001100 Dollars ($25,000.00) or the current purchasing limits established by the Collier ComUy
Purchasing Department; provided, Project funding is available.
-Page 2-
Agenda Item NO.1 OA
June 6, 2006
Page 7 of 8
8. That the settlement approval authority is delegated by 1he Board to the extent that such
approvals do not conflict with the provisions ofSec:tion 125.355, Florida Statutes.
9. The Chainnan of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the Land owner has agreed to sell the required land rights to the County
at its appraised value or at that amount considered the "Administrative Settlement Amount" as such
term is internally used by the administrative agencies of Collier County.
1 O. Where the property owner agrees, through the execution of a "Purchase Agreement" or
"Easement Agreement," to convey a necessary interest in real property to the County, and upon the
proper execution by the property owner of those easements or such other legal documents as the
Office of the County Attorney may require, the Board hereby authorizes the Finance Department to
issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on
a closing statement and which shall be based upon the appraisal or staff compensation estimate in
accordance with this Resolution and the provisions of Section 125.355, Florida Statutes.
11. All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the
governing body of Callier County, Florida, a political subdivision of the State of Florida. and as
such, scaffis hereby authorized to record in the Public Records of Collier County, Florida, deeds,
easements or other instruments as may be required to remove the lien of any encumbrance from the
acquired properties.
TillS RESOLUTION ADOPTED on thill_ day of
second and majority vote.
, 2006, after motion,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
By:
FRANK HALAS, CHAIRMAN
, Deputy Clerk
Approved as to form and
legal sufficiency:
k-k~~
. Ellen T. Chadwell
Assistant County Attorney
-Page 3-
Agenda Item No, 10A
June 6, 2006
Page 8 of 8
EXHIBIT "A"
v ANDERBn. T BEACH ROAD EXTENSION ,PHASE I PROJECT CORRIDOR MAP
Agenda Item No.1 OB
June 6, 2006
Page 1 of 18
-,
Executive Summary
Recommendation that the Board of County Commissioners adopt the 2005 Collier County
Water and Wastewater Master Plan Updates, Dated June 6, 2006, Projects 70070, 73066
and 75007
OBJECTIVE: The public purpose of this project is to address Water and Wastewater utility
projects needed for the Collier County Water-Sewer District to respond to growth and stay in
compliance for the next 20 years (through 2025). These projects include infrastructure capital
improvement, rehabilitation, reliability, and planning projects.
CONSIDERATIONS: New Water and Wastewater facilities are required to meet anticipated
growth, and must be suitably sized for economies of scale. Irrigation Quality Water system
improvements are also recommended to provide irrigation quality water from wastewater
effluent and supplemental sources. The Water-Sewer District boundary remains the same as
that shown in the 2003 Water and Wastewater Master Plan Updates. The recommended Water
and Wastewater system capital improvements and planning studies expenditures are estimated in
Table 1 below.
Table 1- Water and Wastewater Expenditures
,-..
Year 2006-2010 Year 2011-2025 Year 2006-2015
Water Expenditures $349,000,000 $1,127,000,000 $712,000,000
Wastewater $30 I ,000,000 $910,000,000 $488,000,000
Expenditures
(Including
Reclaimed Water)
The recommended capital improvements and planning studies expenditures are the basis for the
determination of proposed changes to the existing Water and Wastewater Impact Fees and Water
and Wastewater User Rates.
The current Water and Wastewater Master Plans, adopted as the 2003 updates on May 25,2004,
identified infrastructure needs to meet growth anticipated through 2023. The major difference
between these updates and the last ones is that, due to higher population growth numbers as
projected by the Collier County Planning Department, Capital Improvement Projects (CIPs) were
shifted, added, and expanded to meet the increased Water demand and Wastewater flows. The
main differences between these updates and the 2003 Master Plan Updates include:
WATER - DIFFERENCES BETWEEN THIS 2005 MASTER PLAN AND 2003 MASTER
PLAN:
,--
1) The Northeast Regional Water Treatment Plant (NERWTP) capacity was increased from
10 million gallons per day (MGD) to a phased 15-MGD facility.
Agenda Item No. 10B
June 6, 2006
Page 2 of 18
..--.
2) A portion of the costs for the Southeast Regional Water Treatment Plan (SERWTP) is
now in the 10-year Impact Fee window.
3) The number of reliability wells has been increased consistent with the 2005 Potable
Water Supply Development Plan prepared by Camp Dresser & McKee Inc.
W ASTEW A TER - DIFFERENCES BETWEEN THIS 2005 MASTER PLAN AND 2003
MASTER PLAN:
1) The Northeast Water Reclamation Facility (NEWRF) capacity was increased from an
initial capacity of2 million gallons per day (MOD) to 4 MOD.
2) The East Central Water Reclamation Facility (ECWRF) was deleted and replaced by a
Master Pumping Station.
3) The expansion of the North County Water Reclamation Facility (NCWRF) to 30.6 MOD
was accelerated by 3 years.
BOTH WATER AND W ASTEW A TER - DIFFERENCES BETWEEN THIS 2005 MASTER
PLAN AND 2003 MASTER PLAN:
--
1) Contingencies, which were formerly at 0% for Year 1, 15% for Year 2, and 30% for
Years 3 through 20 in the 2003 Master Planning window, have been reduced to 0% for
Years 1 through 5, 10% for Years 6 through 10, and 20% for Years 11 through 20.
2) The assumed annual rate of inflation has been increased from 5 percent to 8 percent
based on recent cost trends.
The proposed 2005 Water and Wastewater Master Plan Updates were presented to the Board's
Development Services Advisory Committee (DSAC) on May 3, 2006 and the Productivity
Committee on May 17, 2006. Both committees have recommended the 2005 Master Plan
Updates for approval by the BCC.
In addition, DSAC on May 3, 2006 motioned to recommend to the Board of County
Commissioners that they proceed "post-haste" to resolve the existing difference between the
state-mandated utility requirement to maintain a pressure of 20 pounds per square inch (psi) in
the water supply system versus the Fire District Ordinance requirement of a 50 psi sprinkler
system fire flow pressure. Staff has commissioned a study to determine the cost of upgrading our
water supply system to respond to this pressure increase. This cost impact will be provided to
the Board at a later date for their assessment and direction to staff as to whether to proceed with
the upgrade of the water supply system.
Copies of the 2005 Water and Wastewater Master Plan Updates, dated June 6, 2006, are
available for viewing at the offices of the BCC, the office of the County Manager, and the
Collier County Public Utilities Engineering Department. The Collier County Commissioners
have been provided with individual copies for their personal review.
,-
FISCAL IMPACT: The 2005 Water and Wastewater Master Plan Updates, dated June 6, 2006,
recommend system improvements that will require the allocation of funding for capital and
Agenda Item No. 10B
June 6, 2006
Page 3 of 18
planning projects in future years. These improvements are summarized in the attachment titled
"Water and Wastewater Master Plan System Improvement Recommendations."
Water and Wastewater system capital improvement funding is provided through a mixture of
Impact Fees, User Fees, Allowance for Funds Prudently Invested (AFPI) Fees, long-term bond
financing, and State Revolving Fund (SRF) Loans. To ensure adequate funding, the impacts of
the recommended project expenditures are included in the Impact Fee, User Rate Fee, and AFPI
Fee Studies.
GROWTH MANAGEMENT IMP ACT: Per capita potable water and wastewater flows used
in the 2005 Water and Wastewater Master Plan Updates are the same as the current Level of
Service Standards (LOSS) in the county's Comprehensive Growth Management Plan (GMP) -
i.e. 185 Gallons Per Capita Per Day (GPCPD) for Water and 120 GPCPD for Wastewater.
The capital projects in the 2005 Water and Wastewater Master Plan Updates are different from
the reporting of Category A facilities to the State of Florida Department of Community Affairs
contained in the 2005 Annual Update Inventory Report (AUIR)., The main differences are as
follows:
WATER-DIFFERENCES BETWEEN 2005 AUIRAND THIS 2005 MASTER PLAN:
..-.'
1) The NERWTP capacity was forecast to be 15 MGD in 2009 in the AUIR, and has been
deferred to 10 MGD in 2011 with an expansion to 15 MGD in 2014 in the Master Plan.
2) The NERWTP capacity was forecast to be 45 MGD in 2025 in the AUIR, and has been
changed to 30 MGD in 2025 in the Master Plan.
3) The SERWTP capacity was forecast to be 10 MGD in 2021 in the AUIR, and has been
changed to 24 MGD in 2021 in the Master Plan.
W ASTEW A TER - DIFFERENCES BETWEEN 2005 AUIR AND THIS 2005 MASTER
PLAN:
1) The NEWRF capacity was forecast to be 4 MGD in 2009 and expanded to 12 MGD in
2012 in the AUIR, and has been deferred to 4 MGD in 2011 with an expansion to 8 MGD
in 2014 in the Master Plan.
2) The NEWRF capacity was forecast to be 28 MGD in 2025 in the AUIR, and has been
changed to 20 MGD in 2025 in the Master Plan.
The AUIR was presented and approved by the BCC in a Board Workshop on January 25,2006.
This project meets current Growth Management Plan standards to ensure the adequacy and
availability of viable public facilities.
,-..
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the 2005
Water Master Plan Update, dated June 6, 2006, and the 2005 Wastewater Master Plan Update,
dated June 6, 2006.
Agenda Item No, 10B
June 6, 2006
Page 4 of 18
PREPARED BY: Paulus R. Kwa, PE, PMP, Project Manager, Public Utilities Engineering
Department
Agenda Item No. 108
June 6, 2006
Page 5 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
10B
This item to be heard at 10:00 a,m. followed by Companion Item 8A, then Item 8B.
Recommendation that the Board of County Commissioners adopt the 2005 Collier County
Water and Wastewater Master Plan Updates, Dated June 6, 2006. Projects 70070, 73066
and 75007, (Jim DeLony, Administrator, Public Utilities)
6/6/2006 9:00:00 AM
Prepared By
PaulKwa
Project Manager
Date
Public Utilities
Public Utilities Engineering
5/8/2006 9:30:59 AM
Approved By
Porfirio E. Gramatges, P,E.
Sr. Project Manager
Date
Public Utilities
Public Utilities Engineering
5/8/200610:39 AM
Approved By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
5/10/20063:35 PM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
5/19/20068:22 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
5/22/20064:54 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
5/24/2006 1 :59 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/20069:16 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/28/2006 8:51 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/31/20068:22 AM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/31/20061 :20 PM
Agenda Item No, 108
June 6, 2006
Page 6 of 18
Water and Wastewater Master Plan System
ImProvement Recommendations
Water Master Plan System Improvement
Recommendations
1. Raw Water Supply
FY 2006-2007:
. Complete design, permitting and construction of new wellfield for the
RO expansion of the SCRWTP to 20.0 MGD.
. Identify site and purchase property for a new wellfield for new 10-
MGD reliable capacity NERWTP.
. Obtain new unified Water Use Permit from SFWMD.
. Install 3 new reliability wells in the North Hawthorn Wellfield in
2006.
. Install 4 new reliability wells in the South Hawthorn Wellfield in
2007.
. Implement security recommendations.
FY 2008-2009:
. Place 2 new reliability wells in service in the Golden Gate Tamiami
Wellfield in 2008.
. Design and permit new wellfield for new 10-MGD reliable capacity
NERWTP.
. Install 3 new replacement/reliability wells in the North Hawthorn
Well field in 2009.
. Implement security recommendations.
FY 2010-2015:
. Install 2 new replacement/reliability wells in the North Hawthorn
Wellfield in 2010 and one new replacement/reliability well in the
North Hawthorn Wellfield in 2012.
. Install 5 new reliability wells in the Golden Gate Tamiami Wellfield.
. Construct the new NERWTP wellfield for 10 MGD of finished water
for completion by 2010.
Agenda Item No. 10B
June 6, 2006
Page 7 of 18
. Continue Lower Hawthorn and Lower Tamiami well replacement
program to improve water supply system reliability capacity in
accordance with the Water Supply Development Plan.
. Design, permit, and construct expansion wellfield for 5-MGD
expansion of the NER WTP by 2013.
. Design and permit expansion wellfield for new 12-MGD reliable
capacity SER WTP.
. Design and permit expansion wellfield for 10-MGD expansion of the
NERWTP.
FY 2016-2020:
. Construct expansion wellfield for 10-MGD expanSIOn of the
NERWTP by 2016.
. Construct expansion wellfield for new 12-MGD reliable capacity
SERWTP by 2016.
. Design, permit and construct expansion wellfield for the 5-MGD
expansion ofNERWTP by 2020.
. Design, permit and construct expansion wellfield for 12-MGD
expansion of SER WTP by 2020.
. Continue Lower Hawthorn and Lower Tamiami well replacement
program to improve water supply system reliability capacity in
accordance with the Water Supply Development Plan.
FY 2021-2025:
. Continue Lower Hawthorn and Lower Tamiami well replacement
program to improve water supply system reliability capacity.
2. Water Treatment/Storae:e/Pumpine:
FY 2006-2007:
. Design and construct the SCR WTP RO expansion to 20 MGD, to be
in service by 2007, including 30.5-MGD high service pumping
facilities at the plant site.
. Improve WTP security based on results of the Vulnerability
Assessment Study and Collier County Facilities Department
recommendations.
. Construct NCRWTP Emergency generator switchgear upgrade.
. Complete land acquisition and conceptual design for the new 10-
MGD reliable capacity NERWTP, including 16.2-MGD high service
Agenda Item No, 108
June 6, 2006
Page 8 of 18
pumping facilities and 13.5-MG usable storage facilities to be located
at the plant site.
FY 2008-2009:
. Evaluate Orange Tree Site as potential location of some storage.
. Complete modifications at NCRWTP to support 2-MGD HPRO skids.
. Add 2-MGD of Higher Pressure Reverse Osmosis (HPRO) at the
NCR WTP by 2009.
. Complete final design and permitting and begin construction for the
new 10-MGD reliable capacity NERWTP, including 16.2-MGD high
service pumping facilities and 13.5-MG usable storage facilities to be
located at the plant site.
. Complete conceptual design for the 5-MGD expansion of the
NERWTP, including 16.2-MGD high service pumping facilities and
9-MG usable storage facilities to be located at the plant site.
FY 2010-2015:
. Complete construction and place in service new 10-MGD reliable
capacity NERWTP, including 16.2-MGD high service pumping
facilities and 13.5-MG usable storage facilities to be located at the
plant site. (2011)
. Complete land acquisition (if necessary), preliminary and final design,
permitting and begin construction of the new 12-MGD reliable
capacity SERWTP, including 26-MGD high service pumping
facilities and 10.8-MG usable storage facilities to be located at the
plant site.
. Permit, design, construct and place 5-MGD expansion of the
NERWTP in service, including 16.2-MGD high service pumping
facilities and 9-MG usable storage facilities at the plant site.
. Complete conceptual design of 10-MGD expansion of the NERWTP,
including 16.2-MGD high service pumping facilities.
. Complete conceptual design of 12-MGD expansion of the SERWTP,
including 26-MGD high service pumping facilities and 10.8-MG
usable storage facilities to be located at the plant site.
FY 2016-2020:
. Replace lime-softening reactor No.1 at the SCRWTP.
. Add fourth lime-softening reactor at the SCR WTP.
Agenda Item No. 10B
June 6, 2006
Page 9 of 18
. Complete construction and place 10-MGD expansion of the NERWTP
in service, including 16.2-MGD high service pumping facilities.
(2017)
. Complete construction and place the new 12-MGD reliable capacity
SERWTP in service, including 26-MGD high service pumping
facilities and 10.8-MG usable storage facilities to be located at the
plant site. (2017).
. Permit, design, and construct 5-MGD expansion of the NERWTP,
including 8.1-MGD high service pumping facilities and 9-MG usable
storage facilities to be located at the plant site.
. Permit, design, and construct 12-MGD expansion of the SERWTP,
including 26-MGD high service pumping facilities and 10.8-MG
usable storage facilities to be located at the plant site.
FY 2021-2025:
. Place 12-MGD expansion of the SERWTP in service, including 26-
MGD high service pumping facilities and 10.8-MG storage facilities
to be located at the plant site (2021).
. Place 5-MGD expansion of the NERWTP in service, including 8.1-
MGD high service pumping facilities and 9-MG usable storage
facilities to be located at the plant site (2021).
3. Water Transmission
FY 2006-2007:
. Complete construction of County/City of Naples interconnections to
provide emergency service capability.
. Construct new 36-inch water main on lmmokalee Road from C.R. 951
to proposed NER WTP.
. Construct parallel 24-inch water main on Vanderbilt Beach Road from
Airport Pulling to C .R. 951.
. Construct 36-inch water main on C.R. 951 from Radio Road to
Rattlesnake Hammock Road.
. Construct 30-inch water main on C.R. 951 from Rattlesnake
Hammock Road to U.S. 41.
. Construct 30-inch water main on Immokalee Road as needed for
roadway improvements.
Agenda Item No. 10S
June 6, 2006
Page 10 of 18
. Construct Isle of Capri water transmission main and pumping station
upgrade.
. Replace older sections of the water distribution system.
. Construct 16-inch water main as emergency replacement of 12-inch
water main on U.s. 41 from Rattlesnake Hammock Road south to
existing 16- inch water main.
FY 2008-2009:
. Construct the water transmission main for the new NER WTP along
Immokalee Road to C.R. 951.
. Replace older sections of the water distribution system.
. Construct Manatee pumping station upgrade.
. Relocate the existing water transmission mains along Goodlette- Frank
Road, CR 951 , Vanderbilt Beach Road and Immokalee Road to
accommodate roadway improvements.
FY 2010-2011:
. Construct Manatee pumping station upgrade.
. Construct 16-inch East Central water transmission main.
. Replace older sections of the water distribution system.
. Construct 24-inch water main on Radio Road between Santa Barbara
Blvd, and Davis Blvd.
. Construct water main from Orange Tree Treatment Plant to NER WTP
FY 2012-2015:
. Construct 12-inch parallel water main on Vanderbilt Drive from
Audubon Blvd. south to Immokalee Road.
. Construct 16-inch East Central water transmission main
. Upgrade the 8-inch water transmission main on Livingston Road
between Davis Blvd. and Radio Road by installing a parallel 12-inch
water main.
. Upgrade the Vanderbilt Drive 12-inch by constructing a 12-inch
parallel from Immokalee Road north to Audubon Blvd.
. Construct 20-inch parallel water main on Radio Road from Livingston
Road east to Santa Barbara Blvd.
. Upgrade Rattlesnake Hammock 20-inch water transmission main by
installing a parallel 24-inch from C,R. 951 to U.S. 41
. Upgrade the existing 16-inch water transmission main on U.S. 41 by
installing a parallel 16- inch from C .R. 951 to Broward Street.
Agenda Item No. 10B
June 6, 2006
Page 11 of 18
. Construct parallel 24-inch water main from Manatee Road Pumping
Station site to u.S. 41, then southeast to end of service.
. Construct parallel 24-inch water main on Isle of Capri Road from
Manatee Road south to Port Au Prince Road.
. Upgrade the existing 12-inch water main on US 41 by installing a
replacement 16-inch water main from Rattlesnake Hammock
southeast to bridge.
FY 2016-2020:
. Construct new 36-inch water main from proposed NERWTP to
intersection of C.R. 951 and Golden Gate Blvd.
. Construct parallel 30-inch and 20-inch water mains on Immokalee
Road from Vanderbilt Beach Drive east to C.R. 951.
. Upgrade the Good1ette-Frank Road 20-inch water transmission main
by installing a parallel 24-inch water main from Vanderbilt Beach
Road to lmmokalee Road.
. Upgrade Radio Road 12-inch water transmission main by installing a
replacement 24-inch from 700 feet east of Santa Barbara Blvd. to
Devonshire Road and by installing a parallel20-inch from Devonshire
Road west to Livingston Road.
FY 2021-2025:
. Upgrade the Immokalee Road 12-inch, 20-inch and 24-inch water
transmission mains by installing new 20 and 30-inch mains.
4. Aquifer Stora2e and Recovery (ASR) Wells
FY 2006-2007:
. Continue investigations of the expanded use of ASR for raw,
reclaimed, and surface water. Further evaluate the potential for
potable water ASR to postpone treatment facility expansions.
FY 2008-2009:
. Construct two 1-MGD wells at Manatee ASR well field to expand
capacity to 3.0 MGD.
FY 2010-2011:
. Construct two 1-MGD wells at Manatee ASR wellfield to expand
capacity to 5.0 MGD.
Agenda Item NO.1 08
June 6,2006
Page 12 of 18
. Construct one I-MGD well at the Carica Road ASR wellfield.
FY 2012-2015
. Construct four I-MGD wells to expand Carica Road ASR wellfield
capacity to 5-MGD.
5. General
FY 2006-2007:
. Construct the new Public Utilities Operations Center.
. Expand irrigation quality water storage facilities, including ASR, to
offset potable water demands.
. Finalize Irrigation Quality Concept Plan.
. Continue auto meter read installation.
. Initiate Asset Management Plan.
. Develop GIS-based hydraulic model (WaterGEMS).
FY 2008-2009:
. Finalize Irrigation Quality Master Plan.
. Conduct staffing studyfbenchmarking.
. Implement Asset Management Plan.
. Continue auto meter read installation.
Ongoing:
. Continue to expand the SCADA and GIS systems to focus on using
these technologies as reliability measurement tools.
. Integrate GIS into business processes such as work orders and record
drawing review.
. Implement strategies and recommendations of the QualServe Peer
Review Report.
Agenda Item No. 108
June 6, 2006
Page 13 of 18
Wastewater Master Plan System Improvement
Recommendations
1. Wastewater Treatment
FY 2006-2007:
. Complete final design and permitting of expansion ofNCWRF to 30.6
MGD MMDF.
. Complete preliminary design of new 4.0-MGD MMDF Northeast
WRF and deep injection wells.
. Acquire site for new Southeast WRF.
FY 2008-2009:
. Begin construction of expansion ofNCWRF to 30.6 MGD MMDF.
. Complete final design and permitting and begin construction of new
4.0 MGD MMDF Northeast WRF and deep injection wells.
. Complete conceptual design of expansion of Northeast WRF to 8.0
MGD MMDF.
. Complete conceptual design of new 4.0-MGD MMDF Southeast
WRF and deep injection wells.
FY 2010-2011:
. Conduct study to re-rate NCWRF capacity.
. Complete expansion ofNCWRF to 30.6 MGD MMDF (2010).
. Complete construction and place in service new 4.0-MGD MMDF
Northeast WRF and deep injection wells (2011).
. Complete preliminary design, fmal design and permitting for
expansion of Northeast WRF to 8.0 MGD MMDF.
. Complete preliminary design, final design and permitting for new 4.0
Southeast WRF and deep injection wells.
FY 2012-2015:
. Complete expansion of Northeast WRF to 8.0 MGD MMDF (2014).
. Construct new 4.0 MGD Southeast WRF (2014).
. Complete preliminary design, final design, and permitting and begin
construction for expansion of Northeast WRF to 16.0 MGD MMDF.
Agenda Item No. 108
June 6, 2006
Page 14 of 18
FY 2016-2020:
. Complete expansion Northeast WRF to 16.0 MGD MMDF (2017).
. Complete preliminary design, final design, permitting and
construction for expansion of Southeast WRF to 8.0 MGD MMDF
(2020).
FY 2021-2025:
. Complete final design, permitting, and construction for expansion of
Northeast WRF to 20.0 MGD MMDF.
. Complete preliminary design for expansion of Northeast WRF to 20.0
MGD MMDF.
After FY 2025:
. Expand Northeast WRF to 26.0 MGD.
. Expand Southeast WRF to 12.0 MGD.
2. Wastewater Collection and Transmission
FY 2006-2007:
· Complete the North - South transmission system interconnections.
. Complete inflow and infiltration study for the North Service Area
wastewater collection system and implement recommended repairs.
.
FY 2008-2009:
. Complete installation of telemetry to all existing pumping stations.
. Improve transmission force main capacities.
. Improve pumping station capacities.
. Continue to rehabilitate pumping stations and collection systems.
. Conduct assessment of Orange Tree wastewater system, including
physical infrastructure, to identify any required corrective actions.
FY 2010-2011:
. Improve transmission force main capacities.
. Improve pumping station capacities.
. Construct new master pumping station and force main on Immokalee
Road in conjunction with initial construction for Northeast WRF.
. Continue to rehabilitate pumping stations and collection systems.
Agenda Item No. 108
June 6, 2006
Page 15 of 18
. Implement any corrective actions required by assessment to facilitate
provision of service to Orange Tree.
FY 2012-2015:
. Construct second master pumping station associated with the
expansion of Northeast WRF.
. Construct regional interconnections to the Northeast and East Central
Service Areas and new master pumping stations.
. Continue to rehabilitate pumping stations and collection systems.
. Provide wastewater service to Orange Tree.
. Improve pumping station capacities.
. Improve transmission force main capacities.
FY 2016-2020:
. Construct regional interconnection from the South Service Area to the
Southeast Service Area and associated master pumping station.
. Continue to rehabilitate pumping stations and collection systems.
. Construct new 24-inch force main and MPS 314.00 on Davis Blvd.
. Improve pumping station capacities.
. Improve transmission force main capacities.
FY 2021-2025:
. Continue to rehabilitate pumping stations and collection systems.
. Improve pumping station capacities.
. Improve transmission force main capacities.
3. Biosolids
FY 2006-2010:
. Prepare short-term and long-term biosolids management plan and
implement biosolids management program.
4. Irrh!ation Quality Water
FY 2006-2007:
. Complete Irrigation Quality Water Master Plan.
. Add irrigation quality water transmission pipelines to improve system
capacity, pressure and reliability.
Agenda Item NO.1 08
June 6, 2006
Page 16 of 18
· Complete fmal design and permitting and begin construction of
irrigation quality water pumping station to enhance flow transfer
capacities between the NCWRF and SCWRF.
. Begin construction of ASR irrigation quality water wells.
. Coordinate with SFWMD in issuance of private irrigation permits.
FY 2008-2009:
. Complete construction of irrigation quality water pumping station to
enhance flow transfer capacities between the NCWRF and SCWRF.
. Add additional customers as sufficient irrigation water is available.
. Implement recommendations made in Irrigation Quality Water Master
Plan.
FY 2010-2011:
. Complete FDEP requirements for Eagle Lakes Nature Interpretive
Center.
FY 2012-2015:
. Continue transmission system improvements and construction of ASR
irrigation quality water wells.
. Continue development of supplemental irrigation water sources.
. Implement recommendations made in the Irrigation Quality Water
Master Plan.
5. General
FY 2006-2007:
. Construct new Public Utilities Operations Center.
. Develop an on-site treatment plan to determine whether to extend
service to areas served by septic tanks or if other on-site treatment
enhancement programs should be implemented.
. Develop improved Concurrency Management System.
. Develop asset management system and conduct a CMOM self-
evaluation in anticipation of upcoming regulations.
Ongoing:
. Update the wastewater master plan and impact fee and rate analyses.
. Continue to expand SCADA and GIS systems to focus on using these
technologies as reliability measurement tools.
Agenda Item No. 108
June 6, 2006
Page 17 of 18
.
Implement strategies and recommendations of the QualServe Peer
Review Report.
Agenda Item No. 1 DB
June 6,2006
Page 18 of 18
Project Name: 2005 Water and Wastewater Master Plan Updates Capital Project No. 70070~
I};.>~~~:' ............. .& ,-.,--, ~'(6t.~?;i*Hpi, ':':";":<~~1~~~J~i6i~~~!~~:'~1:'f'~~'
FY05 FY07
2004 I 2005 I 2005 I 2007 I 2008
, --
EVENT Cost
Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4
Land Acquisition
Land Use/Zonina
. I
Design/Permit $368,460
I
Construction
Inspection
.
Project Total $368,460
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MARSALA AT TElURON
Agenda Item No. 16A 1
June 6. 2006
Page 1 of 4
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Agenda Item No. 16A1
June 6, 2006
Page 2 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Marsala at Tiburon", approval
of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Marsala at Tiburon", a subdivision of lands located in
Section 31, Township 48 South, Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Marsala at Tiburon". These documents are in compliance with
the County Land Development Code and Florida State Statute No. 177. All fees have been
paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of
the cost of any remaining improvements, together with a Construction and Maintenance
Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering
Services Director and the County Attorney's office prior to the recording of the final plat. This
would be in conformance with the County Land Development Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Marsala at Tiburon" be
approved for recording.
FISCAL IMPACT:
The project cost is $2,226,665.33 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 798,500.00
- $1,428,165.33
The Security amount, equal to 110% of the
project cost, is $2,449,331.86
The County will realize revenues as follows:
.-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $67,949.96
Agenda Item No. 16A 1
June 6, 2006
Fees are based on a construction estimate of $2,226,665.33 and were pait$9J!!13 of 4
May, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,150.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 5,988.75
c) Drainage,
Paving, Grading (.75% const. est.) - $10,711.24
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $17,966.25
e) Drainage, Paving,
Grading(2.25%const.est.) - $32,133.72
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Marsala at Tiburon" for
recording with the following stipulations:
1. Approve the amount of $2,449,331.86 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
.-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A 1
June 6, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Recommendation to approve for recording the final plat of Marsala at Tiburon, approval of
the standard form Construction and Maintenance Agreement and approval of the amount of
the performance security.
6/6/20069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
5/17/20069:48:42 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
5/17/200611:32 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/22/2006 8:24 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/22/20067:59 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/23/20068:18 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/23/2006 9:07 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/25/2006 3:39 PM
Agenda Item No. 16A2
June 6, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Hampton Village at Ave Maria
- Phase 1", approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Hampton Village at Ave Maria - Phase 1", a
subdivision of lands located in Section 4, Township 48 South, Range 29 East, Collier County,
Florida, following the alternative procedure for approval of subdivision plats pursuant to
Resolution 99-199.
CONSIDERATIONS:
.---
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Hampton Village at Ave Maria - Phase 1". These documents
are in compliance with the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Hampton Village at Ave
Maria - Phase 1" be approved for recording.
FISCAL IMPACT:
The project cost is $3,885,805.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $1,356,306.33
- $2,529,498.67
The Security amount, equal to 110% of the
project cost, is $4,274,385.50
The County will realize revenues as follows:
,-..
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $77,119.97
Agenda Item No. 16A2
June 6. 2006
Fees are based on a construction estimate of $2,529,498.67 (does not inlflmd'e2Mel
Maria Utilities) and were paid in December, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,235.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ n/a
c) Drainage,
Paving, Grading (.75% const. est.) - $18,971.24
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ n/a
e) Drainage, Paving,
Grading(2.25%const.est.) - $56,913.73
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Hampton Village at Ave
Maria - Phase 1" for recording with the following stipulations:
1. Approve the amount of $4,274,385.50 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
IMMOKALEE ROAD
GOLDEN GATE 8L W
51
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I - 75
LOCATION MAP
Agenda Item No. 16A2
June 6, 2006
Page 3 of 4
32 33
5 4
514
SITE MAP
HAIf'TON VILLAGE AT AVE HARIA-f'HASE I
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A2
June 6, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation to approve for recording the final plat of Hampton Village at Ave Maria
Phase 1, approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
6/6/2006 9:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
5/17/20069:40:22 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
5/17/200611:31 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
5/22/20068:12 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/22/20067:58 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/23/20068:19 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/23/2006 8:35 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/25/20063:24 PM
Agenda Item No. 16A3
June 6, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to accept a donated Publix gift card in the amount of $75.00 to be
used to purchase volunteer lunches at the Otter Mound Planting Days.
OBJECTIVE: To enhance a volunteer planting event through private contributions.
CONSIDERATION: Publix Super Markets, Inc. has donated a $75.00 gift card to the
Environmental Services Department. This amount will be used to purchase volunteer
lunches during planting events on June 17,2006 and July 15,2006.
FISCAL IMP ACT: As no actual dollars will be recognized as revenue or expended, a
budget amendment is not necessary. Any gift card credit remaining after the purchase of
food for these events will be retained to be used during future similar events involving
provision of food for volunteers.
GROWTH MANAGEMENT IMP ACT: No growth management impact is associated
with this action.
-
LEGAL CONSIDERATIONS: This donation conforms to the Collier County Donation
Policy - RLS ADM 030103-03.
RECOMMENDATION: Recommend that the Board of County Commissioners accept
the donated gift card.
Prepared by: Melissa Hennig, Environmental Specialist, Environmental Services
Department, CDES
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A3
June 6, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to accept a donated Publix gift card in the amount of $75.00 to be used to
purchase volunteer lunches at the Otter Mound Planting Days.
6/6/20069:00:00 AM
Prepared By
Melissa Hennig
Community Development &
Environmental Services
Environmental Specialist
Date
Approved By
Environmental Services
5/17/200612:11:50 PM
Marlene J. Foord
Administrative Services
Grants Coordinator
Date
Approved By
Administrative Services Admin.
5/19/20063:14 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/22/2006 8:11 AM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Approved By
Environmental Services
5/22/20069:19 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/22/2006 7:56 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/23/20068:19 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/23/2006 9:35 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5125/2006 1 :42 PM
Agenda Item No. 16A3
PUBUX SUPER M~, 1N.ID6
Corporate Office Page 3 of 3
P.O. Box 407
Lakeland. Rorida 33802-0407
(863) 688-1188
WNN.publix.com
Pub I i x~
RECEIVED
SHANNON PATTEN
LAKELAND DIVISION
MANAGER OF MEDIA & COMMUNITY RELATIONS
f/ :"';' 1 ,: l~; '_ ~~
May 9, 2006
Melissa Hennig
Collier County Environment.al-Services-__
2800 North Horseshoe Drive #201
Naples, FL 34104
Dear Melissa:
On behalf of Publix, we are proud to support Collier County Environmental Services. Attached to this
letter is a Publix Gift Card (s) valued at $75.00 in support of your event.
Publix Gift Card(s) have no expiration date, carry no fees and can be used to purchase merchandise in
any Publix store. Your gift card will be activated for use within two days of the date of this letter. You
may personally increase the dollar value to this gift card at any time, but it cannot be redeemed for cash.
Publix was founded in 1930 with the philosophy of being involved in our communities as responsible
neighbors. Weare proud to support your organization's endeavors to enrich the lives of those in our
communities.
Best wishes for continued success!
Sincerely,
sQ--
~ , .
. . wi" .A_.."_ ,
"~.~^
.!....". U._l...I."U"-.
Shannon Patten
SP/glj
W HER E 5 HOP PIN GIS A P LEA 5 U R E."
Agenda Item No. 1681
June 6, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to recognize revenue received from the
John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane Wilma
Clean Up.
OBJECTIVE: To obtain Board approval of a budget amendment to recognize revenue that was
received from the John Eastern Insurance Company for Hurricane Wilma clean-up in the Naples
Park Drainage MSTU.
CONSIDERATIONS: The Road Maintenance Department is responsible for the Naples Park
Drainage MSTU located between 9151 Avenue North and 92nd Avenue North from Vanderbilt
Drive to 8th Street North. The east side of 8th Street North from 9151 Avenue North to 97th
Avenue North is also included in this MSTU.
Funding from this MSTU operating budget was used to provide clean up of debris from
Hurricane Wilma. This reimbursement is needed for the monthly maintenance of the swales in
the Naples Park Drainage MSTU for the balance ofthis fiscal year.
.-
FISCAL IMP ACT: A budget amendment is needed to recognize the revenue in the amount of
$4,068.85 received from John Eastern Insurance Company and appropriate in the operating
budget. Source of funds are in the Naples Park Drainage MSTU Fund 139.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board approve the necessary budget amendment.
Prepared by: Alexander Blanco, Engineer Inspector, Road & Bridge Maintenance Dept.
_.
Agenda Item No. 1681
June 6, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1681
Meeting Date:
Recommendation to approve a budget amendment to recognize revenue received from the
John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane Wilma Clean
Up.
6/6/2006 9:00:00 AM
Item Summary:
Prepared By
Alexander Blanco
Engineer Inspector
Date
Transportation Services
Stormwater Management
5/16/20063:32:22 PM
Approved By
Rookmin Nauth
Management/Budget Analyst
Date
Transportation Services
Transportation Engineering and
Construction
5/17/2006 11 :45 AM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
5/18/2006 10:22 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/23/2006 9:05 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5/23/2006 10:53 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/23/2006 11 :42 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/23/2006 1:17 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/24/2006 8:51 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25/20062:18 PM
Agenda Item No. 1682
June 6, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to waive formal competition and approve the purchase of Panther
Habitat Units, in the amount of $ 276,945, as mitigation for road construction
impacts. Project 62081
OBJECTIVE: To purchase Panther Habitat Units to satisfy federal permit requirements
necessary for the construction of the improvements to Santa Barbara Boulevard Project
#62081.
-
CONSIDERATIONS:
1. The Santa Barbara Boulevard Improvement Project is undergoing review from the
U.S. Fish and Wildlife Service (FWS) as part of the process to obtain a U.S.
Army Corps of Engineers Environmental Resource Permit.
2. The FWS has determined the project will impact 48.97 acres of panther habitat.
3. To mitigate the destruction of this panther habitat it is necessary to purchase
18.4.63 Panther Habitat Units (PHUs).
4. Although the County has a contract for the purchase of mitigation credits, the type
of credits that are needed for this project are not covered under the existing
contract since they were not available at the time of solicitation. The Florida
Panther Conservation Bank is the only FWS approved Mitigation Bank in the
area at this time to offer PHUs for sale.
5. These type of credits will be added to the future solicitation for mitigation credits,
however, due to the length of time required for a formal solicitation as well as the
lack of other providers of the PHUs, it is deemed to be in the best interest of the
County to recommend that the Board of County Commissioners waive formal
competition as provided in section V(A)3 of the Purchasing Policy.
FISCAL IMP ACT: Funds in the amount of $ 276,945 are available in gas taxes and
impact fees. Source of funds are gas taxes and impact fees.
GROWTH MANAGEMENT IMP ACT: This item is consistent with Goals 1 and 6 of
the Conservation and Coastal Management Element.
RECOMMENDATION: The Board of County Commissioners waives formal
competition and approve the purchase of 184.63 Panther Habitat Units from Florida
Panther Conservation Bank.
Prepared by: Kevin H. Dugan, Project Manager, TECM
--
Agenda Item No. 16B2
June 6, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1682
Meeting Date:
Recommendation to waive formal competition and approve purchase of Panther Habitat
Units, in the amount of $276,945, as mitigation for road construction impacts. Project 62081
6/6/2006 9:00:00 AM
Approved By
Gary Putaansuu
Senior Project Manager
Transportation Engineering and
Construction
Date
Transportation Services
5/15/200611:47 AM
Approved By
Tad Pluc
Engineer
Transportation Engineering and
Construction
Date
Transportation Services
5/15/2006 1 :24 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
5/16/20064:23 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
5/18/200612:49 PM
Approved By
Kelsey Ward
Senior Purchasing and Contracts Agent
Date
Administrative Services
Purchasing
5/19/20061:05 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/23/2006 9:04 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5/23/2006 12:04 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/23/2006 3:55 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/24/2006 9:20 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/20061:16 PM
Agenda Item No. 16B2
June 6, 2006
Page 3 of 3
Approved By
MichaelSmykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/2006 5:08 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/2006 10: 11 AM
Agenda Item No. 1683
June 6, 2006
Page 1 of 19
EXECUTIVE SUMMARY
Recommendation to approve the purchase of 2.674 acres of improved property of which
0.372 acres are required for road right-of-way for the Santa Barbara Boulevard Expansion
Project. Project No. 62081 (Estimated fiscal impact: $621,925)
OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase improved
property, a part of which is required for the Santa Barbara Boulevard Expansion Project.
CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved
Resolution No. 2002-442 authorizing the acquisition by gift or purchase of right-of-way and
stormwater retention and treatment pond sites which will be required for the 'construction of
roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081).
The motion that passed Resolution No. 2002-442 also recommended that, where property owners
are willing to sell the parent tract and all improvements, and the County determines a significant
impact to the parent tract as a result of the project, staffis authorized to acquire the parent tract at
fair market value. (See attached October 22,2002 BCC Meeting Minutes.)
-
In addition, at the Santa Barbara/Logan Boulevard Workshop on April 16, 2003, the Board of
County Commissioners realized that approximately 10 homes would be extremely impacted by the
project, and that the Board should provide those homeowners with the opportunity to sell their
entire home sites to the County. Commissioner Coletta added that a "reasonable inconvenience
fee" should be considered when offering to purchase those impacted properties.
In the instant case, the relevant property is a 1,883 square foot (under air), single-family
residence sitting on 2.674 acres. The total square footage of the residence (including garage,
entry and covered lanai) is 2,895 square feet. It is described as Lot 2, Tract 108 Replat in Unit
30, Golden Gate Estates, and is located at the northwest corner of Santa Barbara Boulevard and
Painted Leaf Lane. The County requires one parcel (Parcel 137) from this property for the Santa
Barbara Boulevard Expansion Project. The proposed taking involves the acquisition of a
perpetual Road Right-of-Way, Drainage and Utility Easement that runs along the property's
frontage on Santa Barbara Boulevard and contains .372 acres. After the right-of-way is taken for
the road project, the residential structure will be approximately 24 feet from the new right-of-
way line on Santa Barbara Boulevard making this property one of the 10 homes designated as
being significantly impacted by the project.
Two independent appraisals were performed on this property, the first dated September 2005 and
the latest dated February 2, 2006. The first appraisal valued the entire property, before taking
Parcel 137, at $570,000. At that time, the appraiser utilized a 3% per month time adjustment,
which would bring that appraisal amount to $622,584 as of December 2005, when real estate
prices started leveling off. The second appraisal valued the entire property, before taking Parcel
137, at $603,000. The average of the two appraisals is $612,792.
-
Agenda Item No. 1683
June 6, 2006
Page 2 of 19
Of the $212,800 which was the appraiser's September 2005 estimate of full compensation for the
partial taking, $79,200 (or 37% of the total compensation estimate) was attributed to severance
damages and curative expenses. The value of the land and improvements located v.~thin the taking
area was $133,600.
If the entire property is purchased at the contract price of $615,000 and then sold (less the
proposed right-of-way), it is estimated that the remainder property could bring approximately
$450,000 in the open market. This represents a net savings to the County of between $47,800
and $97,800 based solely upon the County's appraisers' opinions of full compensation.
If the County's relationship with the property owner should become adversarial on the issue of
the partial taking, it is reasonable to assume that the County would be fortunate indeed if we
were able to negotiate a mediated settlement agreement for full compensation at $250,000 on top
of which we could expect to pay attorney fees in the amount of $12,276 and expert fees in the
amount of $15,000 to $20,000. These are conservative estimates; and yet they still show that in
the alternative to purchasing the entire property and then selling it in the open market, the
County's costs for the partial taking might easily be as much as $277,000. This illustrates the
fact that if the remainder property sells for even a dollar more than $338,000 Collier County will
have saved money by purchasing the entire property and selling the "remainder."
From the onset of this project, the owners' concern was their continued enjoyment of life after
the project due to the roadway's proximity to their home. After hurricane Wilma hit Collier
County, the owners contacted the Transportation Right-of-Way Department to ask that the
County purchase their entire property because living without air conditioning made them realize
how noisy the traffic will be once the road is constructed so close to their home. Another very
important aspect to consider is that the owner's home was constructed especially to fill their need
to accommodate a wheelchair bound resident and they felt very strongly that replacing their
home was not going to be easy. Although the owners originally requested $650,000 for their
home, they have agreed to sell the home to the County for $615,000 and payment of up to $2,500
for attorney's fees.
The attached Purchase Agreement, once approved, provides for a closing on the Road Right-of-
Way, Drainage and Utility Easement, Parcel 137, to take place within 60 days. To give the
owner more time to find a new home, after the first closing a second closing on the remainder
property will take place on or before September 1, 2006, at which time the County will take
possession.
In consideration of all these factors, staff recommends the purchase of this property for
$615,000, plus the payment of attorney's fees not to exceed $2,500.
FISCAL IMPACT: Funds in the amount of $621,925 will come from the Transportation
Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $615,000 purchase
price, $2,500 for attorney's fees and $3,475 for the approximate cost of title insurance, closing
fees and recording fees, and $950 for the cost of a home inspection prior to the second closing.)
Source of Funds are Gas Taxes and Impact Fees.
Agenda Item No. 1683
June 6, 2006
Page 3 of 19
GROWTH MANAGEMENT IMP ACT: The recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDA TION: That the Board of County Commissioners of Collier County:
1. Approve the attached Purchase Agreement;
2. Authorize its Chairman to execute same on behalf of the Board;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Accept the conveyance of the property via Warranty Deed and authorize staff to record same
in the public records of Collier County, Florida;
5. Approve any and all budget amendments required; and
6. Authorize staff to explore options for the use and/or disposal (sale) of the subject property,
less the right-of-way for Santa Barbara Boulevard expansion.
Prepared by: Debbie Armstrong, TECM
Attachments: 1) October 22, 2002 BCC Meeting Minutes; 2) Purchase Agreement
"..-
Agenda Item No. 1683
June 6, 2006
Page 4 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B3
Meeting Date:
Recommendation to approve the purchase of 2.674 acres of improved property of which
0.372 acres are required for road right of way for the Santa Barbara Boulevard expansion
project. Project No. 62081 (Estimated fiscal impact: $621,925.00)
6/6/2006 9:00:00 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
51181200612:50 PM
Approved By
Lisa Taylor
ManagementlBudget Analyst
Date
Transportation Services
Transportation Administration
5118120062:01 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
5122/20063:33 PM
Approved By
Transportation Services
Engineer
Transportation Engineering and
Construction
Date
Tad Pluc
512312006 7:24 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5123120069:14 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5/23/2006 12:01 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5123/20063:58 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/24/2006 9:21 AM
Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
5/2512006 1 :52 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/20065:11 PM
Agenda Item No. 1683
June 6, 2006
Page 5 of 19
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/26/200610:33 AM
Agenda Item No. 1683
June 6, 2006
Page 6 of 19
Item #10B
RESOLUTION 2002-442, AUTHORIZING THE
ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-
WAY AND STORMWATERRETENTION AND
TREATMENT POND SITES AND PERPETUAL, NON-
EXCLUSIVE ROAD RIGHT -OF - WAY, DRAINAGE
AND/OR UTILITY EASEMENTS, AND TEMPORARY
DRIVEWAY RESTORATION EASEMENTS AND
TEMPORARY CONSTRUCTION EASEMENTS, WHICH
WILL BE REQUIRED FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS
FORTHESANTABARBARNLOGANBOULEVARD
ROAD IMPROVEMENT PROJECT FROM DAVIS
BOULEVARD TO NORTH OF PINE RIDGE ROAD, FISCAL
IMPACT: $11,914,000 - ADOPTED WITH CHANGES
CHAIRMAN COLETTA: -- public portion of the meeting.
I'd like to make a motion at this time, recommending that
the Board of County Commissioners adopt the attached
resolutions authorizing the acquisition by gift or purchase of all
rights and interest in real property which are required for the
construction and maintenance of a six-lane section of Santa
Barbara Boulevard/Logan Boulevard from Davis Boulevard to
North Pine Ridge (sic), and, two, where property owners are
willing to sell the parent tract and all improvements and the
county has determined that a significant impact will occur to the
parent tract as a result of the project, authorize staff to require
the parent tract at fair market value; and to authorize the
Agenda Item No. 1683
June 6, 2006
Page 7 of 19
Chairman to execute same on behalf of the Board; and to
approve all and any budget amendments required.
Agenda Item NO.1 3
June 6, 2 06
Page 8 of 19
Project: Santa Barbara #62081
Parcel: 137
Folio: 77010000104
PURCHASE AGREEMENT
(For Improved Property)
THIS PURCHASE AGREEMENT is made and entered into on this day of
, 2006, by and between DONALD E. ROTH AND BONNIE P.
ROTH, husband and wife, whose mailing address is 5605 Painted Leaf Lane, Naples,
FL 34116-7463 (hereinafter referred to as "Seller"), and Collier County, a political
subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a 54 foot wide strip of land along the eastern border of
the Seller's property for right-of-way purposes, which strip of land has been designated
as Parcel 137 for the Santa Barbara Boulevard widening project and is more fully
described in Exhibit "A," attached hereto (hereinafter "Right-of-way Easement"); and
WHEREAS, because of the future proximity of the new roadway improvements to the
Seller's residence, the Sellers decided to sell their improved real property and relocate
to a new residence; and
WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the entire tract
more particularly described as:
Lot 2, Tract 108 Replat as recorded in Plat Book 19, Page 54, being a re-
subdivision of Tract 108, Golden Gate Estates, Unit No. 30, as recorded in
Plat Book 7, Page 58, Public Records of Collier county, Florida
together with all buildings, structures and improvements, fixtures, built-in appliances,
refrigerator, stove, dishwasher, washer, dryer, ceiling fans, wall-to-wall carpeting,
window coverings and
(hereinafter referred to as "Property"), and the personal property, if any, as listed on the
attached inventory, free from liens, UPON THE TERMS AND CONDITIONS WHICH
FOLLOW; and
WHEREAS, Seller desires to stay in possession of the property until September 1,
2006, but Purchaser needs to acquire the Right-of-Way Easement well before that
date; and
WHEREAS, Seller has agreed to convey the Right-of-Way Easement in advance of
closing on the Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the
Property, as described above.
Agenda Item NO.1 3
June 6, 2 06
Page 9 of 19
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $615,000.00 (U.S.
Currency) payable at time of closing, less Purchaser's partial payment for the Right-of-
Way Easement as set forth in Paragraph 7C (below). None of this Purchase Price is
attributable to any personal property listed in the attached inventory.
3. CLOSING AND POSSESSION
A. The Closing (THE "CLOSING DATE", "DATE OF CLOSING', OR
"CLOSING") of the transaction shall be held on or before September 1, 2006. The
Closing shall be held at the Collier County Attorney's Office, Administration
Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall be entitled to
possession as of closing. Seller shall leave the dwelling on the Property in broom-
clean condition, and the entire Property free of debris.
B. Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At or before the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
1. Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
2. Combined Purchaser-Seller closing statement.
3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap. Affidavit" as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
4. A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
5. Such evidence of authority and capacity of Seller and its
representatives to execute and deliver this agreement and all other
documents required to consummate this transaction, as reasonably
determined by Purchaser's counsel and/or title company.
C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
1. A negotiable instrument in an amount equal to Net Cash to Seller on
the Closing Statement. No funds shall be disbursed to Seller until the
Title Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in "Requirements and Conditions" below, and
the Title Company is irrevocably committed to pay the Purchase Price
to Seller and to issue the Owner's title policy to Purchaser in
accordance with the commitment immediately after the recording of the
deed.
2. Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro-rations as hereinafter set forth.
Agreement for Purchase (For Improved Property)
Page No.2
Agenda Item NO.1 3
June 6, 2 6
Page 10 of 19
D. Purchaser shall pay Seller's Attorney's fees not to exceed $2,500.00 to
Michael J. Ciccarone, Esq. of Goldstein, 8uckley, Cechman, Rice & Purtz, P.A.,
P,O. Box 2366, Fort Myers, FL 33902-2366. Seller, at its sole cost and expense,
shall pay at Closing all documentary stamp taxes due relating to the recording of
the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the
cost of recording any instruments necessary to clear Seller's title to the Property.
The cost of a title commitment and an Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Article 7, "Requirements and
Conditions" below, shall be paid by Purchaser.
E. Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
4. PROPERTY CONDITION DISCLOSURES
A. General. Seller represents that Seller knows of no facts or conditions
materially affecting the value of the Property, except those which are readily
observable by Purchaser, or which have not been disclosed to Purchaser by Seller
in writing and furnished to Purchaser prior to the effective date of this Agreement.
B. Radon Gas. Florida law requires the following disclosure: Radon is a
naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county health department. Seller has no
knowledge of the existence of radon on the Property or any radon mitigation
having been performed on the Property.
C. Lead Based PainVPaint Hazards. If construction of the residence on the
Property was commenced prior to 1978, Seller is required to complete, and Seller
and Purchaser are required to sign and attach to this Agreement, the addendum
entitled "Lead-Based Paint and/or Lead-Based Paint Hazards Attachment to Sales
Contract: Disclosure of Information and Acknowledgement."
D. Mold. Molds are commonly found both indoors and outdoors. Interior
infestation by certain molds may cause property damage and health problems for
some persons. Seller has no knowledge of any mold remediation having been
performed on the Property.
E. Warranty. Except as to any facts or conditions disclosed to Purchaser as
required under Section 4.A. above, Seller warrants that all major appliances and
equipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and
security systems: major mechanical components; roof (including fascia and
soffits); ceiling; structural walls; foundation; swimming pool, spa and pool/spa
deck; seawalls; docks; boat lifts/davits and related electrical and mechanical
components, if any (collectively "Systems and Equipment") are in Working
Condition. "Working Condition" shall mean operating in a manner in which the
Systems and Equipment were designed to operate. The roof, ceiling, interior and
exterior walls, foundation, swimming pool, spa and pool/spa deck, if any, shall be
considered in Working Condition if structurally sound and watertight. Seawalls
and docks, if any, shall be considered in Working Condition if structurally sound.
Seller shall not be required to repair or replace any Cosmetic Condition.
"Cosmetic Condition" shall mean an aesthetic imperfection which does not affect
the Working Condition of the item, including corrosion; tears; worn spots;
discoloration of floor covering or wallpaper or window treatments; missing or torn
screens; nail holes; scratches, dents; chips; caulking; pitted pool surfaces; minor
cracks in windows, driveways, sidewalks, spa/pool decks and garage, tile, lanai
Agreement lor Purchase (For Improved Property) Page No.3
Agenda Item No. 1 3
June 6, 2 06
Page 11 of 19
and patio floors; and cracked roof tiles, curling or worn shingles and limited roof
life, so long as there is no evidence of structural damage or leakage.
5. INSPECTIONS
A. Inspection Period. Purchaser shall have 60 days from the Effective date
(Inspection Period) to have the Property and improvements thereon inspected at
Purchaser's expense as follows: (a) Systems and Equipment, by an appropriately
Florida licensed inspection company or licensed contractor, and/or (b) radon gas,
by a Florida certified radon measurement technician or specialist, and/or (c) lead-
based paint and hazards, by an EPA-certified lead exposure risk assessor, and/or
(d) termites or other wood-destroying organisms, by a certified pest control
operator (collectively the "Inspection Items"), Upon reasonable notice, Seller shall
provide access and utilities service to the Property to facilitate in inspections.
B. Election and Response. If any inspection conducted during the Inspection
Period reveals: (1) that any Systems and Equipment are not in Working Condition,
and/or (2) the presence of radon gas at a level in excess of EPA action levels,
and/or (3) the presence of lead-based paint or paint hazards required abatement
under HUD/EPA protocols, and/or (4) the existence of active infestation by
termites or other wood-destroying organisms and/or visible damage caused by
active or past infestation (collectively the "Defective Inspection Items"), Purchaser
shall, within 15 days after expiration of the Inspection Period: (a) notify Seller of
any Defective Inspection Items, and (b) furnish to Seller a copy of the inspection
report(s) documenting the Defective Inspection Items, and (c) notify Seller of
Purchaser's election either to: (i) receive a credit from Seller at closing in lieu of
any repairs, replacements, treatment, mitigation or other remedial action
necessary to bring the Defective Inspection Items into compliance with the relevant
standards set forth above (the "Remedial Action"), or (ii) have Seller take Remedial
Action at seller's expense prior to closing. If Purchaser elects to receive a credit,
the amount of the credit shall be equivalent to the estimated costs of any
Remedial Action and shall be determined not later than the earlier of Seller's
Response Deadline, or 10 days prior to the Closing. If Purchaser elects (i), Seller
shall not be required to take any Remedial Action. If Purchaser makes no
election, Purchaser shall be deemed to have elected to receive a credit at closing.
C. Not later than 15 days from receipt of the written notice and inspection
report(s) from Purchaser ("Seller's Response Deadline"), Seller shall notify
Purchaser whether Seller will give Purchaser credit equal to the cost of repairs or
take remedial action, whichever is requested by Purchaser. If Seller refuses
Purchaser's election by the Seller's Response Deadline, then Purchaser may
terminate this Agreement within 10 days of Seller's Response Deadline. If
Purchaser does not elect to so terminate this Agreement, Purchaser is deemed to
have accepted the Property in the condition it existed on the effective date, except
that Purchaser retains the rights set forth in Section 5.G., (Walk Through
Inspection) below. If Seller fails to respond by the Seller's Response deadline,
Seller shall be deemed to have refused Purchaser's election and Purchaser may
terminate this Agreement as set forth above.
D. If Purchaser does not have the Inspection Items inspected, or fails to do so
within the Inspection Period, or fails to timely report any Defective Inspection Items
to Seller, Purchaser shall be deemed to have accepted the Property in the
condition it existed on the effective date, except that Purchaser retains the rights
set forth in Section 5.G. (Walk Through Inspection) below.
E. Remedial Action shall be deemed to have been properly performed if (1) the
Systems and Equipment are placed in Working condition (as defined above), (2)
radon gas within the residence on the Property is reduced to below EPA action
levels, (3) lead-based paint and paint hazards on the Property are removed or
contained in accordance with HUD/EPA guidelines, and (4) any active infestation
of termites or other wood-destroying organisms is exterminated or treated, and all
visible damage caused by active or past infestation is repaired or replaced. Seller
Agreement for Purchase (For Improved Property)
Page NO.4
Agenda Item NO.1 3
June 6, 2 06
Page 120 19
shall make a diligent effort to perform and complete all Remedial Action prior to
the Closing Date, failing which a sum equivalent to 200% of the estimated costs of
completing the Remedial Action shall be paid by Seller into escrow at Closing
pending completion.
F. No cost to repair or replace any Systems and Equipment shall exceed the fair
market value of that item if it were in Working Condition. If the costs do exceed
fair market value, than either Seller or Purchaser may elect to pay such excess,
failing which, either party may terminate this Agreement upon written notice.
G. Walk-Through Inspection. Purchaser (or a designated representative) may
conduct a walk-through inspection of the Property prior to Closing and prior to
possession, to confirm: (1) completion of any Remedial Action agreed to by Seller
in Section 5.B "Election and Response" above, (2) that the personal property items
which are being conveyed as part of this Agreement remain on the Property, (3)
that the personal property items which are not being conveyed as part of this
Agreement have been removed from the Property, and (4) that Seller has
maintained the Property as required in Articles 3 and 6. Upon reasonable notice,
Seller shall provide access and utilities service to the Property to facilitate the
walk-through inspection.
6.
RISK OF LOSS
Seller shall maintain the Property (including without limitation the lawn, shrubbery,
and landscaping) in the condition existing on the effective date until the closing or
date of possession, whichever is earlier, except for ordinary wear and tear and any
Remedial Action agreed to by Seller under Section 5.8. above. Any future loss
and/or damage to the Property between the effective date and the Closing or date
of possession, whichever is earlier, shall be at Seller's sole risk and expense.
Seller shall maintain adequate casualty insurance on all improvements on the
Property until disbursement of funds at Closing.
7.
REQUIREMENTS AND CONDITIONS
Upon execution of this Agreement by both parties or at such other time as specified
within this Article, Purchaser and/or Seller, as the case may be, shall perform the
following within the times stated, which shall be conditions precedent to the Closing:
A. Within thirty (30) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owners Title Insurance Policy
(AL T A Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt
of the title insurance commitment, to notify Seller in writing of any objection to title
other than liens evidencing monetary obligations, if any, which obligations shall be
paid at closing. If the title commitment contains exceptions that make the title
unmarketable, Purchaser shall deliver to the Seller written notice of its intention to
waive the applicable contingencies or to terminate this Agreement.
B. It Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and
marketable title, except for liens or monetary obligations which will be satisfied at
Closing. Seller, at its sole expense, shall use its best efforts to make such title
good and marketable. In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller within seven (7)
days atter expiration of said thirty (30) day period, may accept title as it then is,
waiving any objection; or Purchaser may terminate the Agreement.
C. Unless either party has terminated this Agreement in accordance with the
provisions herein, Seller shall grant Purchaser within sixty (60) days hereof a non-
exclusive perpetual road right-ot-way, drainage and utility easement over, in and
Agreement for Purchase (For Improved Property)
Page No.5
Agenda Item NO.1 3
June 6, 2 06
Page 130 19
upon the land described as Parcel 137 in Exhibit "A." Prior to recording of the
easement, Seller will obtain the release or removal of all encumbrances,
qualifications, or exceptions affecting the Right-of-way Easement, and Purchaser's
intended enjoyment and use thereof. Upon receipt of the easement instrument
and those documents releasing, removing or subordinating any encumbrances as
referenced above, Purchaser will pay to Seller a portion of the Purchase Price in
the amount of Two Hundred Twenty Thousand and 00/100 Dollars ($220,000.00).
Purchaser shall pay all recording fees for the Right-of-Way Easement.
D. Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack of
legal access to a public roadway, the Purchaser shall notify the Seller in writing of
such encroachment, projection, or lack of legal access, and Seller shall have the
option of curing said encroachment or projection, or obtaining legal access to the
Property from a public roadway. Purchaser shall have sixty (60) days from the
effective date of this Agreement to notify Seller in writing of any such objections.
Should Seller elect not to or be unable to remove the encroachment, projection, or
provide legal access to the property within sixty (60) days, Purchaser, by providing
written notice to Seller within seven (7) days after expiration of said sixty (60) day
period, may accept the Property as it then is, waiving any objection to the
encroachment, or projection, or lack of legal access, or Purchaser may terminate
the Agreement. A failure by Purchaser to give such written notice of termination
within the time period provided herein shall be deemed an election by Purchaser
to accept the Property with the encroachment, or projection, or lack of legal
access.
8. APPRAISAL PERIOD
Seller acknowledges that the agreed Purchase Price stated in Article 2 exceeds the
average of two (2) appraisals, and the Purchaser is required to approve the purchase
by an extraordinary vote (4 out of 5 vote) of the Board of County Commissioners, of
Collier County Florida, at a duly-noticed public meeting to be held in June. If such vote
is not obtained, then this Agreement shall terminate without further recourse to Seller.
9. TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within fifteen (15) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement. In the event Seller
grants the Right-of-Way Easement in accordance with section 7.C, but thereafter fails
to convey the Property, Purchaser may retain the Right-of-Way Easement and
terminate the agreement with respect to remaining performance, including the
conveyance of the remainder of the Property.
B. If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon one-half of one percent (.5%) of the purchase price shall be paid to Seller
Agreement for Purchase (For Improved Property)
Page NO.6
Agenda Item NO.1 3
June 6, 2 06
Page 140 19
as liquidated damages which shall be Seller's sole and exclusive remedy, and neither
party shall have any further liability or obligation to the other except as set forth in
Article 12, Real Estate Brokers, hereof. The parties acknowledge and agree that
Seller's actual damages in the event of Purchaser's default are uncertain in amount and
difficult to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not intended
to be a penalty in nature.
C. The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
10. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller and Purchaser represent and warrant the following:
A. Seller and Purchaser have full right and authority to enter into and to execute
this Agreement and to undertake all actions and to perform all tasks required of
each hereunder. Seller is not presently the subject of a pending, threatened or
contemplated bankruptcy proceeding.
B. Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
C. The warranties set forth in this paragraph shall be true on the Effective date
of this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
D. Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
E. No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
F. Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any
rights with respect to the Property or any part thereof, without first obtaining the
written consent of Purchaser to such conveyance, encumbrance, or agreement
which consent may be withheld by Purchaser for any reason whatsoever.
G. Seller represents that they have (it has) no knowledge that any pollutants are
or have been discharged from the Property, directly or indirectly into any body of
water. Seller represents the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and
regulations, or any other activity that would have toxic results, and no such
hazardous or toxic substances are currently used in connection with the operation
of the Property, and there is no proceeding or inquiry by any authority with respect
thereto. Seller represents that they have (it has) no knowledge that there is ground
Agreement lor Purchase (For Improved Property)
Page No.7
Agenda Item NO.1. 3
June 6. 2 06
Page 150 19
water contamination on the Property or potential of ground water contamination
from neighboring properties. Seller represents no storage tanks for gasoline or
any other hazardous substances are or were located on the Property at any time
during or prior to Seller's ownership thereof. Seller represents none of the
Property has been used as a sanitary landfill.
H. Seller has no knowledge that the Property, and/or that Seller's operations
concerning the Property, are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or
regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not complied.
I. There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
J. Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefor, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects
the Property or which adversely affects Seller's ability to perform hereunder; nor is
there any other charge or expense upon or related to the Property which has not
been disclosed to Purchaser in writing prior to the effective date of this Agreement.
K. Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the Date of Closing. Therefore, Seller agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would change the zoning or physical
condition of the Property or the governmental ordinances or laws governing same.
Seller also agrees to notify Purchaser promptly of any change in the facts
contained in the foregoing representations and of any notice or proposed change
in the zoning, or any other action or notice, that may be proposed or promulgated
by any third parties or any governmental authorities having jurisdiction of the
development of the property which may restrict or change any other condition of
the Property.
L. At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
M. Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be in
accordance with, but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq.,
("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund
Amendment and Reauthorization Act of 1986 ("SARAn), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
Agreement for Purchase (For Improved Property)
Page No.8
Agenda Item NO.1 3
June 6, 2 06
Page 160 19
N. Any loss and/or damage to the Property between the date ot this Agreement
and the date of Closing shall be Seller's sole risk and expense.
11. NOTICES
Any notice, request, demand, instruction or other communication to be given to either
party hereunder shall be in writing sent by facsimile with automated confirmation of
receipt, or registered, or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
With a copy to:
Transportation Engineering & Construction Management
Attn: Debbie Armstrong, Right-ot-Way Acquisition Section
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-774-5874
Fax 239-213-5885
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone 239.774-8400
Fax 239-774-0225
Michael J. Ciccarone, Esq.
Goldstein, Buckley, etal.
P.O. Box 2366
Ft. Myers, FL 33902-2366
Tel: 239-334-1146
Fax: 239-332-6508
Donald E. & Bonnie P. Roth
5605 Painted Leaf Lane
Naples, FL 34116-7463
Telephone 239-455-4256
The addressees, addresses and numbers tor the purpose of this Section may be
changed by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addressees, addresses and
numbers only, unless and until such written notice is received, the last addressee and
respective address stated herein shall be deemed to continue in effect for all purposes.
Notice shall be deemed given in compliance with this Article upon receipt of automated
fax confirmation or upon on the receipt of the certified or registered mail.
12. REAL ESTATE BROKERS
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller.
Seller shall indemnify Purchaser from and against any claim or liability for commission
or fees to any broker or any other person or party claiming to have been engaged by
Seller as a real estate broker, salesman or representative, in connection with this
Agreement. Seller agrees to pay any and all commissions or fees at Closing pursuant
to the terms of a separate agreement, if any.
13. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement ot the parties.
Agreement lor Purchase (For Improved Property)
Page No.9
Agenda Item No. 1 3
June 6, 2 06
Page 170 19
B. This Agreement and the terms and provisions hereof shall be effective as of the
Effective date and shall inure to the benefit of and be binding upon the parties hereto
and their respective heirs, executors, personal representatives, successors, successor
trustee, and assignees whenever the context so requires or admits.
C. Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
D. Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or
intent of this Agreement or any provisions hereof.
E. All terms and words used in this Agreement, regardless of the number and gender
in which used, shall be deemed to include any other gender or number as the context
or the use thereof may require.
F. No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
G. If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
H. Seller is aware of and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
I. If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in the
Property before Property held in such capacity is conveyed to Collier County. (If the
corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
J. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
K. This Agreement will be effective as of the date of execution of this Agreement by
the last signing party.
L. This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and there are no promises, representations, warranties or
covenants by or between the parties not included in this Agreement. Time is of the
essence to this Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands/seals.
Agreement for Purchase (For Improved Property)
Page No. 10
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
AS TO SELLER:
DATED:
WITNESSES:
r::Ao, ~lLJ -=--
7J gnature)
D6;VJ A- hit F; FJ\J
~7~
(Signature)
&~-ed Hr/i'5
(Printed Name)
WITNESSES:
~
cS3
-
(Signature)
tJek/;;(til //lr /? 5
Approved as to form and
legal sufficiency:
~~CL/~
./ Ellen T. Chadwell
Assistant County Attorney
Agreement for Purchase (For Improved Property)
Agenda Item NO.1 3
June 6, 2 06
Page 18 0 19
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, Chairman
BY: q)~ ~ ,1Jj/
DONALD E. ROTH
BY:
~/!~
BONNIE P. ROTH
Page No. 11
f11
330.00' (PLA T)
r
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GRAPHIC SCALE
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June 6
I 11
200
1 3
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o 19
709
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TRACT 108 REPLA T,
PLAT BOOK 19, PAGE 54
2
GOLDfN GA Tf JSTA TfS UNIT 30.
PLA T BOO 7. PAGE 58
PROPOSED PERPETUAL.
NON-E:Xa.U9VE ROAD
R.aW., DRAINAGE:. AND
UTlUTY EASEJlENT
L 'UOD stlUNIE FEET
EX/STING 60' EASEMENT
I FOR R. O. W. PURPOSES PER PLA T
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COLDEN GA TE CI TY UNI T 6,
PLAT BOOK 5, PAGES 124-134
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BLOCK 226 ;'=Ii!
E>NSnNG 53' EASEMENT
FOR R.o. W. PURPOSES
(PER PLA T)
SECTION 29 GOLDEN GA TE UNIT 6,
PLAT BOOK 5, PACES 124-134
~~~~OO' ~~~~~~ .
~~~~~~~~~~ ~EASTLlNEOF
7
SANTA BARBARA BOULEVARD
2
BLOCK 225
LEGAL DESCRIPl10N
BEING THE NORTH 300 FfET OF THE M"ST 54 FEET OF THE EAST 107 FfET OF TRACT 2. TRACT 108 REPLAT,
PLAT BOOK 19, PAGE 54, COLLIER COUNTY, FLORIDA.
CONTAINING 16,200 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
... NOT A SURVEY ...
LANe T R. P, OFf.
FLORIDA RE.GfSTRA LS /5621
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED 'tt7TH THE SURVEYOR'S EMBOSSED SEAL
CERFlFICA T[ OF AUTHORllA TlON I L8-43
LEGEND:
1<',>, '" '" '" '" "f ~~!f.~NlASEMENT
~ PROPOSED
R.O. W. EASEMENT
R.O.W. = RIGHT OF WAY
BlAMCS AItC BASCO ON HORrH
AMlfllCAN DArtNJ (N,A.,fJ) '''''-1'''
AlMlSTMCNT STAre PLAN( CoatOlNAlC
S,..1IlI (CR/IJ) fU' fl!1lf)A (AST 1DNC.
PROJtCT NO., 62081 PARCtL NO. , 137
WilS;nMillei-'~~-
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WifonI.Iior. Inc:.
_.ful...._._._
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CLltNT:
COWER COUNTY TRANSPORTATION.
ENGINEERING It CONSTRUCTION MANAGEMENT DIVISION
mLE, SKETCH AND Df:SCRIPTlOH
8E:1NG PART OF" LOT Z. TRACT lOB RE"PLA T.
PLAT 8001< '9. PAGE 54.
COLLlO? COUNTY. FLORIDA
Ol'T{;
04/2002
PROJECT NO.~
N6022-00Z-0ro- TOHWP
FlU NO.:
200-20:5
Nov 14, 2002 - 13:55:44 UAILlERiX' \SUR\N5022\5I(e~ch Of Oescriptlons\SJbmilleo\2gg2CJs137.dwg
Agenda Item No. 1684
June 6, 2006
Page10f15
EXECUTIVE SUMMARY
Recommendation to approve expenditure of $25,000 to repair a failing culvert
located under 10th Street SE over the C-1 Canal (Project No. 51022).
OBJECTIVE: To receive Board of County Commissioners' approval to perform repairs
to the culvert at the C-1 Canal Crossing at 10th Street SE (Project No. 51022).
CONSIDERATIONS: The existing culvert under 10th Street SE is currently in a state of
failure with a timber cribbing inside the culvert providing structural support. This culvert
is located in the C-1 Canal underneath loth Street SE in Section 11, Township 49 South,
Range 27 East. The culvert is located just south of the 10th Street SE 60' wide roadway
easement within a 60' wide Collier County Drainage Easement. Due to the culvert's poor
condition, the Stormwater Department is proposing to make the necessary repairs to
prevent the culvert from collapsing. This canal crossing provides the only access to
properties south of the C-l Canal. Its collapse could cause possible flooding due to canal
flow restriction.
-
Although it was determined that the road and culvert are not county maintained facilities,
the Board of County Commissioners is empowered to authorize such repairs where the
repairs are in the common interest of the people of the county and not inconsistent with or
otherwise specifically prohibited by law. Because the repairs are needed to prevent harm
to the general public and to promote the public welfare and safety, the expenditure of
funds on this project is pennissible.
Repair of the C-l Canal Crossing at 10th Street SE will consist of slip lining the existing
culvert with a new aluminum pipe similar in shape but with a slightly smaller diameter
into the existing culvert. The annular space between the new pipe and the old pipe will be
filled with low strength concrete (flowable fill). This repair will provide similar flow
characteristics, structural support to the existing structure and will not require removal
and/or reconstruction of the existing road crossing.
This repair procedure will address the problem, however the County is not accepting
ownership or the duty to perform future maintenance of the road or the culvert; rather the
repairs are being made to address an imminent need to protect and promote the general
public welfare.
FISCAL IMP ACT: Funding for the C-1 Canal Crossing at 10th Street SE project
(Project No. 51022) is available in the Countywide CIP Capital Fund (301) and
Stormwater Capital Fund (325).
The source of funding is ad valorem taxes.
-
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
Agenda Item No. 1684
June 6, 2006
Page 2 of 15
RECOMMENDATION: That the Board of County Commissioners:
(1) Authorize the expenditure of $25,000 for the repair of a failing culvert under 10th
Street SE over the C-l Canal (Project No. 51022) using the General Underground
Utility Contract No. 04-3535.
Prepared By: Gianfranco Nicolaci, Project Manager, Stormwater Management
Department.
Attachments: (1) Scope of Work; (2) Location Map; (3) Quality Enterprises USA, Inc.
Quote
Agenda Item No. 1684
June 6, 2006
Page3of15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
1684
Recommendation to approve expenditure of $25,000 to repair a failing culvert located under
10th Street SE over the C-1 Canal (Project No. 51022).
6/6/20069:00:00 AM
Item Number:
Item Summary:
Prepared By
Gianfranco Nicolaci
Project Manager
Date
Transportation Services
Stormwater Management
5/12/2006 11 :49:24 AM
Approved By
Eugene Calvert
Principal Project Manager
Date
Transportations Services
Transportation Engineering and
Construction Management
5/1612006 11 :42 AM
Approved By
Gerald Kurtz
Senior Engineer
Date
Transportation Services
Stormwater Management
511712006 8:32 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
512212006 1 :26 PM
Approved By
Rhonda Rembert
Contract Specialist
Date
Administrative Services
Purchasing
5/231200612:19 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/241200610:04 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5124/2006 10:11 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/2412006 1 :40 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 11 :33 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/20065:13 PM
Approved By
Agenda Item No. 1684
June 6. 2006
Page4of15
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5126/20069:26 AM
eo1R!r County
- '-~ ~
Agenda Item No. 1684
June 6, 2006
Page 5 of 1 5
COLLIER COUNTY GOVERNMENT
Transportation Services Division
Stormwater Management Department
2885 S. Horseshoe Dr. Naples, Florida 34104 . (239) 774-8192 · FAX: (239) 417-6050
REQUEST FOR QUOTATIONS UNDER CONTRACT # 04-3535
Underground Utility Contract RFP 04-3535 of March 9th, 2004.
TO: Quality Enterprises USA, Inc.
FROM: Gianfranco Nicolaci
Project Manager, Stormwater Management Department
DATE: April 7, 2006
RE: C-1 Canal Crossing at 10th Street SE
Project No. 510221
As provided in the referenced contract, the Collier County Stormwater Department is
soliciting quotes for the above referenced project.
Your response must be received at the above address via mail, hand delivery or fax no
later than 4:00 pm. on April 21, 2006. Any response received after that time shall not
be considered. If you have any questions regarding the specifications, please contact
Gianfranco Nicolaci at (239) 213-5859, by fax at (239) 417-6050 or bye-mail at
GianfrancoNicolaci@colliergov.net
We look forward to your participation in this request for information/quotation process.
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 1 of 9
GENERAL INFORMATION
Agenda Item No. 1684
June 6, 2006
Page 6 of 15
Provided materials
Collier County will not provide any construction materials or allocate public resources for
the construction of this project.
Location
The project is located in the bridge between 10th ST SE and 10th Ave SE crossing the C-
1 canal in Section 11, Township 49S, Range 27E.
Existing Conditions
It is highly recommended that the Contractor conduct a site visit prior to completing this
quote.
The existing culvert appears to be an 8' diameter boiler with timber cribbing inside the
culvert providing structural support located under a dirt road. Currently no water is
flowing through the culvert.
PROPOSED WORK
The work consists of sliplining the existing 30 LF * 8' Diameter culvert with a 30 LF * 6'
Diameter CMP. The liner is to be inserted into the host by either pulling or pushing the
liner into place. After insertion, the annular space between the existing culvert and liner
is to be grouted with f10wable fill in order to provide a water tight seal as well as additional
structural support.
BASIC STORMWA TER CONDITIONS
Project Duration
The work is required to take no more than seven - (7) calendar days from the date of
the Notice to Proceed.
Access or Staging to Project Work Area
Access to the work site may be limited or restricted. It will be the Contractor's
responsibility to inspect the work site prior to submission of the Quote to ensure there will
be no ingress and egress issues.
In addition, should access or an off site staging area be necessary other than indicated
on the plans, the Contractor must be granted and the fee owner must provide written
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 2 of 9
Agenda Item No. 1684
June 6, 2006
authorization. A copy of the authorization letter must be provided to the Project Ma~7 of 15
for the Project file.
Any and all related costs to gain access to or for staging purposes for the work site shall
be included in the Quote.
Additional Contractual Services
Should additional work be required, a Change Order will be completed and an
adjustment will be made to the Purchase Order Contract Sum at Unit Prices or an
agreed upon Price prior to the performance of the work.
Accidents or thefts
The Contractor shall be responsible to contact the Contract Manager to report any
accidents or thefts involving or occurring within the work site. Should they occur the
Contractor should photograph the damage or loss and provide that photo to the Contract
Manager at no additional cost.
Claims
All claims by the Contractor shall be in a written format (not e-mail) to the Project
Manager within forty-eight (48) hours after the first day of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. All supporting
data shall be submitted to the Project Manager within fifteen (15) calendar days after the
occurrence. The Contractor shall comply with the Collier County Alternative Dispute
Resolution Procedures.
Contractor's Employees
Employees of the Contractor or its Subcontractors shall be properly uniformed and
provide a neat appearance. All employees of the Contractor or Subcontractor shall be
considered to be at all times the sole employees of the Contractor under his sole
direction and not an employee or agent of Collier County.
The Contractor shall supply competent and physically capable employees. Collier
County require the Contractor to remove an employee it deems careless, incompetent,
insubordinate, or otherwise objectionable and whose continued work in the Project's
construction services is not in the best interest of the County.
General Site Conditions Care
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 3 of 9
Agenda Item No. 1684
June 6,2006
Page 8 of 15
Due care shall be taken of all existing landscaping. The Contractor may be required to
perform necessary site pruning on any existing plant's foliage which will interfere with the
equipment or work area to limit total removal and/ or replacement of the landscape
material. The Contractor shall be responsible for replacement at the Contractor's costs
unless otherwise approved by the Project Manager.
Invoicing
After review and approval by the Project Manager, the invoice and all back-up materials
will be transmitted to the Finance Department for payment. Payment will be made upon
receipt of a proper invoicing and in compliance with Section 218.70 Florida Statutes,
otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right
to withhold and/or reduce an appropriate amount of any payments for work not
performed or for unsatisfactory performance of Contractual requirements.
Landscaping, Irrigation Systems and Mail Boxes
Improved landscape areas containing landscaping, irrigation systems and mailboxes
shall be noted and maintained wherever possible. If removed or destroyed during the
accomplishment of the work, the Contractor shall replace or restored to the original
condition or better as part of Project completion.
Lane or Street Closure
A lane closure for construction shall be limited. Upon proper placement of lane closed
signs, pre-warning signs, arrow boards, traffic cones, etc., the lane maybe restricted from
traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday,
and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the
Contract Manager.
Street closure shall be approved through the Contract Manager. When approved the
Contractor must notify the respective Law Enforcement Agency, District Fire Department,
Emergency Medical Services and the County Transportation Road Alert Section prior to
closure.
Lane and street closures shall be indicated on the DailyNVeekly Work Logs, which are
provided to the Contract Manager.
Miscellaneous Responsibilities
1. The Contractor shall make every effort to protect existing facilities.
2. It shall be the Contractor's responsibility to notify the Contract Manager of any
construction problems or additional construction needs.
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 4 of 9
Agenda Item No. 1684
June 6, 2006
3. Should additional costs be involved which are not covered within the Co~9 of 15
Specifications, a Unit Cost shall be agreed upon, a Change Order completed by the
Contractor and Contract Manager prior to performing additional services.
4. The Contractor shall provide all material, labor, equipment, mobilization and any
other necessary effort, element and/or component(s) needed to complete the work in its
entirety and per plans and at the Total Quoted Pricing submitted.
Non-Performance
In the event the Contractor fails to perform any required services within the time
schedules set forth under this Contract, the County reserves the right to obtain substitute
performance. Further the County reserves the right to deduct the cost of such
performance from the Contractor's payments. The Contractor may be exempt from this
provision if such exemption is granted by the Contract Manager in writing. prior to any
delays or as a result of an Act of Nature.
Sanitary Facilities
The Contractor shall provide and have serviced sanitary facility(ies) within the work site
area limits as approved by the Project Manager. Each facility shall be located no further
apart within the work area than one quarter (1/4) mile.
Site Maintenance
The work site areas shall be kept clean and neatly maintained during the progression of
the work. Any debris on the roadway shall be swept daily or as directed by the Project
Manager.
The disposal of all debris and construction litter must be at a proper landfill or disposal
site. All disposal fees, tipping or charges are to be included in the Quote Schedule Price.
Upon completion, the remainder of site's construction and leftover materials are to be
collected, hauled, and disposed of by the Contractor leaving the work site in a restored
order.
Utility Conflict
In the event that utility conflict(s) arise, the contractor will be solely responsible for
coordinating with the pertinent utility company/companies in order to resolve such
conflict/conflicts.
Traffic Control
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 5 of 9
Agenda Item No. 1684
June 6. 2006
Maintenance of Traffic is solely the responsibility of the Contractor and is to be PftIged 6 of 15
prior to construction. Should the Contractor not place and/or properly maintained the
Maintenance of Traffic (M.O.I.) the Contract Manager will require the Project work to
cease until the proper M.O.I. has been placed and/or maintained.
The Contractor shall comply with the requirements of Collier County's Maintenance of
Traffic (M.O.I.) Policy copies of which are available through the Risk Management or
Purchasing Department. The Contractor shall obtain and review the Collier County
M.O.T. Policy requirements prior to submitting a Quote.
The Contractor will be responsible for obtaining copies of all required manuals,
M.U.T.C.D., FD.O.I. Roadway & Traffic Design Standards Indexes, or other related
documents, so to become familiar with their requirements. Strict adherence to the
requirements of the M.O.I. Policy will be enforced under this Contract.
High-visibility clothing or vests with retro-reflectorized striping shall be worn at all times
by all employees working within Collier County Rights-of Way (See exception below).
This includes personnel that may visit the "work zone" temporarily, such as management
and/or vendors. ANSIIISEA 107-2004 or the most current edition, Class 2 or Class 3
garments are required for daytime use.
A Class 3 garment is mandatory for use by flagging personnel during any hours of
darkness, including during inclement weather situations, where conditions may create
hours of darkness during normal daylight conditions.
Exception: When other industry apparel safety standards require workers to wear
apparel that is inconsistent with Federal, State or county requirements such as NFPA,
OSHA, ANSI, etc., the other standards may prevail. However, apparel must still meet
high visibility color requirements of fluorescent lime-green or fluorescent orange only and
must be maintained in good condition and replaced as necessary.
EX. Utility workers exposed to high voltage electricity may choose not to wear vests or
clothing with retro-reflective striping as long as the color requirements listed above are
met.
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 6 of 9
TERMS AND CONDITIONS
Agenda Item No. 1684
June 6, 2006
Page 11 of 15
1. Please complete vendor's name, sign and date on all pages where so
indicated. This will constitute your acceptance of the specifications, terms
and conditions as listed. If taking exception to any part or section of this
request for information/quotation, please indicate such exceptions on a
separate sheet entitled "Exceptions".
2. Your quote may not be accepted unless all requested information is furnished.
3. The Collier County Purchasing Department reserves the right to reject any
and all quotes.
4. All quotations must be made on the quotation form furnished by the County.
No bid will be considered unless the quotation form is properly signed.
5. Owner and Contractor recognize that, since time is of the essence for this
Agreement, Owner will suffer financial loss if the Work is not substantially
completed within the time specified above. Should Contractor fail to
substantially complete the Work within the number of calendar days for
substantial completion established herein, Owner shall be entitled to assess,
as liquidated damages, but not as a penalty, two hundred fifty-six dollars
and 00 cents ($256.00) for each calendar day thereafter until Substantial
Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion, Owner shall also
be entitled to assess, as liquidated damages, but not as a penalty, a sum
certain per day, in the amount of two hundred fifty-six dollars and 00 cents
($256.QO), for each day after the time set for Final Completion.
6. Performance and payment bonds shall be required if the lowest responsive
quote exceeds $200,000.
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 7 of 9
Agenda Item No. 1684
June 6. 2006
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION Page 12 of 15
REQUEST FOR QUOTATIONS UNDER CONTRACT # 04-3535
Due By: 4:00 pm. on April 21, 2006
NON-QUaTER'S RESPONSE
Non-auoter's Response:
In the event that you are unable to submit a response for this quote, please return
this form to:
Gianfranco Nicolaci
2885 Horseshoe Drive South
Naples, Florida 34104
Office: 239-774-8192
Fax: 239-659-5790
We are not responding to this Request For Information/Quotation for the following
reason(s)
Name of Firm:
By:
Signature of Representative
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 8 of 9
Agenda Item No. 16B4
June 6, 2006
REQUEST FOR QUOTATIONS UNDER CONTRACT # 04-3535 Page 13 of 15
Due By: 4:00 pm. on April 21, 2006
PROPOSAL PAGE
The undersigned, as quoter, hereby declares that he has examined the specifications
and informed himself fully in regard to all terms and conditions pertaining to the project
and, if this Proposal is accepted, to furnish same in full, according to the following: To
perform the work required by the specifications and drawings for the C-1 Canal
Crossing at 10th Street SE.
Payment and Performance Bonds
Should the Lump Sum bid exceed
$200,000
$
Total Project Cost
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day
of , 2005 in the County of ' in the state of
Firm's Complete Legal Name
Phone No.
~
FAX No.
Email:
Address
City, State, Zip
BY:
Signature
Title
Name Typed/Printed
Date
F:\Master Documents\04-3535 Scope and RFQ.doc
Page 9 of 9
Agenda Item No. 16B4
June 6. 2006
RO
KER
-1 i
24TH AVE NW -t i _?4TH AVE ..'Y..E.. .._~_.:_t!'" AVE NE
I ! \
_}2!vD---.!~__~v.' :'---i-- 72'!i:l-1_I:'E_lIE ___!_22~D AVE NE
i 20THA\/_!'_f\l~;--_ I 20TH ~_V~~_ 1_-23_~H_AVE NE
'" ~ ~ ~; j~: 0 i' ~~ ~; =_=-- j ~ ~_~__}. ~;- D~_: - ~_---r_~~~~_ Z__T_~___X~;(~~
f N DII_16!fi~E_N_..v;;:L I .... _ _I _
SH_A_E )_L!'r-14TH-A--,",-~v.'_J --I----!4T~~-"~.f\I!'_ ___ ___..!~t H A V ENE
1 2 T H A V E N W z 1_ 1 2 T H 4Y.E N E
.! Cl...!_~__.~_~~__0'__~__~__ i ...____~~___~y~_NE_.~
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I 13TH AVE SW !
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if
COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
STORMWATER MANAGEMENT DEPARTMENT
1""5 SOuTH HORSESHOE DRIVE. NAPLES. FLORIDA 34104
>, ,
SECTION: 14.15
TOWNSHIP: 49 S
RANGE 27 E
C-l CANAL CROSSING AT 10TH ST. S.E.
PROJECT LOCA nON
.
DATE MAY. 2006
PRO.l FCT No. 510221
PROJECT MANAGER GIANFRANCO NICOLACI
0.25
05
I
Milltfi
APR/2l/200t/FR I 0:: 00 PM Qual ity Enterpri 5es
F AI Ne. 239 43~ 7202
P. 002
REQUEST FOR QUOTATIONS UNDER CONTRACT # 04-3535
Due By: 4..00 pm. on April 21,2006
Agenda Item No. 1684
June 6,2006
Page 15 of 15
PROPOSAL fAGE
The undersigned, as quater, hereby declares that he has examined the specifications
and informed himself fully in regard to all terms and conditions pertainIng to the project
and, if this Proposal is accepted, to furnish same in full, according to the following: To
perfofm the wOI'k required by the specifications and drawings for the C-l Canal
CrossIng at 10tll Street SE.
Payment and Peliormance Bonds
Should the Lump Sum bid exceed
$200,000
$ 25,000.00
Total Project Cost
IN WITNESS WHEREOF, WE have hereunto subscribed our names Or'! this 21st day
of Auril 1 2005 in the County of --'l9JJ.;i.~.L_._, in the state of
:nodda _~~_'
Quality Euterpris:ea USA. Inc..
Firm's Complete Legal Name
Phone No.. 239-435-7200
FAX No, 239-435-7202
Emaii: Jl).c.oh~n@qe-usli.com
3894 Mannix Drive; Suite 216
Address
Naplee. F1 34114-5406
Cit , State, Zip
, I ',gnat~l Moriarty
BY:
Vic.~ Preddent
Title
f'aulM.oriarty
-
Name Typed/Printed
4/21/06
Date
G:\DOC"Irl'l.81lls and SeUings\mCOlien.QEJL \Local Seltings\Temporary \nlernel Filas\OLK186\C-1
Canal Scope and RFQ.doc
Page 10 of 9
Agenda Item No. 1685
June 6, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to reject. all bids submitted for Bid #06-3909, "Traffic Operations
Electrical Components."
OBJECTIVE: To gain Board approval to reject the bids that were submitted in response to Bid
#06-3909.
CONSIDERATIONS: The Collier County Purchasing Department posted Bid #06-3909,
"Traffic Operations Electrical Components," on October 7, 2005. Invitations to bid were sent to
73 vendors. Two bids were received by the bid opening date of November 3, 2005. The vendors
who responded were Traffic Parts, Inc. and Hughes Supply, Inc.
Staff recommends rejection of both bids. Traffic Parts, Inc. bid on only 20% of the items listed
in the bid, and Hughes Supply, Inc. provided bid prices that are excessive and would not provide
a good value for Collier County. Until a bid is awarded, Staff will continue to buy necessary
electrical components by soliciting quotes from three vendors and choosing the lowest quote.
FISCAL IMP ACT: The recommended action does not result in any fiscal impact.
-
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners rejects all bids received
under Bid #06-3909, "Traffic Operations Electrical Components."
Prepared By: John W. Miller, Field Supervisor, Traffic Operations
Attachment: Bid Tabulation 06-3909
.--.
Agenda Item No. 16B5
June 6, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16B5
Recommendation to reject all bids submitted for Bid #06-3909, Traffic Operations Electrical
Components.
6/6/2006 9:00:00 AM
Item Number:
Item Summary:
Approved By
Brenda Brilhart
Purchasing Agent
Date
Administrative Services
Purchasing
5/22.12006 3:57 PM
Approved By
Robert W. Tipton, P.E.
Traffic Operations Director
Date
Transportation Services
Traffic Operations
5/22/20063:58 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5123/20069:26 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5/23/200612:02 PM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
5/23/2006 4:44 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/24/200610:17 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/24/200610:33 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/24/2006 1 :43 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 3:30 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/2006 11: 18 AM
'ii'--
"'
Project Mgr.: John Miller
Date Posted: 10-7-05
Date Due: 11-3-05
BID: 06-3909
"Traffic Operations Electrical Components"
Agenda Item No. 1685
June 6, 2006
.Pao.e 3 €f4
Notlces-Sen 73
Packages Requested: 8
Bids Received: 2
DESCRlPOON Hughes Supply, Inc. Traffic Parts, Inc.
CeTO #5001 $496.00 m no bid l-
CCTO #5002 $496.00 m no bid
CCTO #5004 $496.00 m no bid
CCTO #5006 $192.00 m no bid
CCTO #5008 $192.00 m no bid
CCTO #5010 $192.00 m no bid
CCTO #5012 $127.00 m no bid
CCTO #5014 $127.00 m no bid
CCTO #5016 $127.00 m no bid
CCTO #5018 $83.00 m no bid
CCTO #5020 $83.00 m no bid
CCTO #5022 $83.00 m no bid
CCTa #5024 $83.00 m no bid
CeTO #5026 $800.00 mt no bid
CCTO #5028 M'-t. L.IL "7-i ""...I:... no bid no bid
CCTO #5032 $2.95 e no bid
CCTO #.5034 $47.00 m no bid
CeTO #5036 $101.00 m no bid
CCTO #5038 $35.85 m no bid'
CCTO #5040 S77.50 m no bid
CeTO #5042 $150.00 c no bid
CeTO #5048 .. see bid no bid
CCTO #5050 S2.02 e no bid ,
CCTO #5052 $38.45 c no bid -
CeTO #5054 $7.22 c no bid
CCTa #5060 $285.00 c no bid
CCTO#5062 $3.38 e no bid
. CCTO #5063 .$8.17 e no bid
CCTO #5064 $7.35 e no bid
CCTO #5065 $3.15 e no bid
CCTO #5066 $3.15e no bid
CCTO #5068 T""I;.~" fZ;>W ro....11 'Gc,K no bid no bid
CCTO #5069 . , .. . . C'..~ no bid no bid
CeTO #5070 . . .. v C .......,... no bid no bid .
CeTO #5071 $92.80 e see bid . I
eCTO #5072 $107.00 e see bid .
CCTO #5073 C#> V-<r ~ll ~q>t -- S'~I no bid see bid .
CCTO #5074 see bid 10, see bid " "
~4:
?.r{ ....... ''-)
'ft.4.! (M',! I'z,)
:nSi 'I,
'! ..../ c- .>, '"l...)
l'
Page 1ot2
. ,
.
project Mgr.: John Miller
Date Posted: 10-7-05
Date Due' 11-3-05
BID: 06-3909
"Traffic Operations Electrical Components"
Agenda Item No, 1685
June 6, 2006
Paa.e 4 of A.
Notlces--sent: 73
Packages Requested: 8
Bids Received: 2
..;- ,; ""
DESCRIPTION Hughes Supply,lnc. Traffic Parts, 'nc
CCTO #5075 no bid see bid "
CCTO #5076 $240.00 e see bid :lcf'? "
CCTO #5078 $208.00 e see bid ~I . (
CCTO #5090
10 amp Circuit Breaker Sauare 0 QOU11 0 or eauivalent $16.55 e no bid
15 amp Circuit Breaker Sauare 0 QOU115 or equivalent $16.55 e no bid ~
30 amp Circuit Breaker Square 0 QOU130 or equivalent $16.55 e no bid.
40 amp Circuit Breaker Square D QOU140 or eauivalent $16.55 e no bid
CCTO '5092
20 amp Circuit Breaker Square D EDB14020 or equivalent $58.00 e no bid
30 amp Circuit Breaker Square D EDB14030 or equivalent $58.00 e no bid .
40 amp Circuit Breaker Square D EDB14040 or equivalent $58.00 e no bid
CCTO #5096 $9.65 e no bid
CCTO #5098 $131.00 c no bid
CCTO #5114 $17.40 c no bid
CCTO #5118 $36.20 c no bid .
CCTO #5126 $25.00 c no bid
CCTO #5128 $25.00 c no bid .
CCT0#5132 . $40.00 c no bid
CCTO #5134 $40.00 c no bid -
CCTO#8000 $994.00 e no bid
CCTO #8002 $110.00 e no bid
CCTO #8004 $40.00 e no bid
CCTO #8006 $5.00 e $5.00 ea
CCTO #8008 $6.00 e $5.90 ea -I--
CCTO#8010 $325.00 e $285.00 bx -
CCTO #8012 $244.00 e $235.00 bx _f..
CCTO #8016 $1.90 e $1.50 ea ~ -
CCTO #8018 $2.00 e $1.45 ea - -'--
Prompt Payment Terms: N N
Addendum: y' N
Additional terms & conditions: y N
/.J ... ,
,Agent Brenda Brilhart /' ~./ -
Witness: Courtney Grosman II"': -'"-"-- - r::.-. ....-..
J"~
rl1.:~'" )
'"1.~'~")
""
(1
(,5
'1..1..
Page 20f 2
Agenda Item No. 1686
June 6, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to reject bids submitted for Bid #06-3917, "Roadway Lighting
Components. "
OBJECTIVE: To gain Board approval to reject the bids that were submitted in response to Bid
#06-3917.
CONSIDERATIONS: The Collier County Purchasing Department posted Bid #06-3917,
"Roadway Lighting Components," on October 19, 2005. Invitations to bid were sent to 75
vendors. One bid was received by the bid opening date of November 9,2005. The vendor who
responded was Mayer Electric Supply Company.
Staff recommends rejection of this bid. Mayer Electric Supply Company quoted prices for only
23% of the items on the bid, which is insufficient. Until a bid is awarded, Staff will continue to
buy necessary roadway lighting components by soliciting quotes from three vendors and
choosing the lowest quote.
FISCAL IMP ACT: The recommended action does not result in any fiscal impact.
-
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners rejects all bids received
under Bid #06-3909, "Roadway Lighting Components."
Prepared By: John W. Miller, Field Supervisor, Traffic Operations
Attachment: Bid Tabulation 06-3917
,-
Agenda Item No. 1686
June 6, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16B6
Recommendation to reject bids submitted for Bid #06-3917, Roadway Lighting Components.
6/6/20069:00:00 AM
Approved By
Brenda Brilhart
Purchasing Agent
Date
Administrative Services
Purchasing
5/19/200610:22 AM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
5/19/20063:15 PM
Approved By
Robert W. Tipton, P.E.
Traffic Operations Director
Date
Transportation Services
Traffic Operations
5/19/2006 4:55 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/23/2006 9:25 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5/23/2006 11 :49 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/24/200610:07 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/24/2006 10:35 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/24/2006 1 :46 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 3:33 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/2512006 6:36 PM
Project Mgr.: John Miller
.pat~ posted: 10-1!;l-Q~.
. Date Due: 11-9-05
BID #06-3917
~Roadway Lighting Components"
DESCRIPTION Mayer Electric SupplY. Company, Inc.
CCT0#1000 no bid
CCT0#1002 no bid
CCT0#1004 no bid
CCTO#1 008 no bid
CCT0#1012 no bid
CCT0#1013 no bid
CCT0#1016 no bid
a. 8 ft Arm 3'-3" Rise no bid
8 ft Arm 5'-9" Rise no bid
8 It Arm 8'-0" Rise no bid
b. 10ft Arm 3'-3" Rise no bid
10 It Arm 5'-9" Rise no bid
10ft Arm B'-l)" Rise no bid
c. 12 ftArm 3'.3" Rise no bid
12 ft Arm 5'.9" Rise no bid
12 ft Arm S'cO" Rise no bid
d. 15 ft Arm 3'-3" Rise no bid
15 ft Arm 5'-9" Rise no bid
15 ftArm 8'-0" Rise no bid
CCTO#1018 no bid
a. 8 It Arm 3'-3" Rise no bid
8 11 Arm 5'.9" Rise no bid
8 ft Arm S'.O" Rise no bid
b. 10ft Arm 3'.3" Rise no bid
10ft Arm 5'-9" Rise no bid
10ft Arm 8'-0" Rise no bid
c. 12 ft Arm 3'-3" Rise no bid
12 ft Arm 5'-9" Rise no bid
12 ft Arm 8'.0" Rise no bid
d. 15 ft Arm 3'.3" Rise no bid
15 ft Arm 5'.9" Rise no bid
15 ft Arm 8'-0" Rise no bid
OC10#1022 no bid
CCT0#1024 no bid
CCTO#1 026 no bid
CCT0#1028 no bid
Page 1 of 5
Agenda Item No. 16B6
,June 6. 20Qfi
Noticf'lil~f!t:or:r
PackegesReqtJeSted: ..
Bids Recevied: 1
'l"
Project Mgr.: John Miller
Date Posted: 10-19"05
DafEr-Oue:'1 r9~05'-
BID #06-3917
," ,.,,,_,,,,,,.,::~()Il.dVillyUghjing,9()II1Ponel)ls~_.
DESCRIPTION Mayer Electric Suoolv Company, Inc.
CCT0#1040 no bid
a. 8 ft Arm 3'-3" Rise no bid
8 fl Arm 5'-9" Rise no bid
8 fl Arm 8'-0" Rise no bid
b, 10ft Arm 3'-3" Rise no bid
10 fl Arm 5'.9" Rise no bid
10 fl Arm 8'-0" Rise no bid
c. 12 ft Arm 3'-3" Rise no bid
12 ft Arm 5'-9" Rise no bid
12 fl Arm 8'.0" Rise no bid
d. 15 fl Ann 3'-3" Rise no bid
15 ft Arm 5'-9" Rise no bid
15 It Arm 8'-0" Rise no bid
CCTO#1 042 no bid
a. 8 flArm 3'.3" Rise no bid
8 fl Arm 5'.9" Rise no bid
8 ft Arm 8'.0" Rise no bid
b.10 ftArm 3'.~"Rise no bid
1 0 ft Arm 5'-9" Rise no bid
10ft Arm S'-O" Rise no bid
c. 12 ft Arm 3'.3" Rise no bid
12 ft Arm 5'-9" Rise no bid
12 fl Arm 8'-0" Rise no bid
d. 15 ftArm 3'-3' Rise no bid
15 ft Arm 5'.9" Rise no bid
15 ft Arm 8'-0" Rise no bid
CCTC#1048 no bid
CCT0#1050 no bid
CCTO#1 052 no bid
CCT0#2000 no bid
CCTQj2002 no bid
CCT0#2004 no bid
CCT0#2006 no bid
Page 2 of 5
Agenda Item No. 16B6
Notr~~~'r.\f.O~~
Packages.Req~~te~:,,4 .
Bids Recevied: 1
r,'\
Project Mgr.: John Miller
DCLt~J'.~J~~:.19~1 !l.p~w
Date Due: 11-9-05 .
BID #06-3917
. :'~olildwllY~ Qom,pooents:"...
DESCRIPTION Mayer Electric Supply Company, Inc.
CCT0#2008 no bid
COT0#2010 no bid
CCT0#2012 no bid
00TO#2014 no bid
COT0#2016 no bid
00T0#2020 f \...c,.fo c....l(. ,~ \kJIi $6.81 e
CCT0#2021 ,. .. ~ IN\-l ,tit... $12.05
00T0#2022 .. .' 4t1D vu\-t $14.03
OCT0#2023 ,I. " I?.O v~l-+ -r<t L. $4.99
00T0#2024 ~.......V' :J..S;b <.oJ l+Ps $11.25
00T0#2026 l.:>>-l'" i(.GOW 1'1-#- .E.T-IB $15.25
OCT0#2028 .:."... tI uo"'"' 1/ "s. $11.25
CCT0#2030 L,-vo "1~o ~ ~ ttr--z.&' S11.28
OCT0#2031 t..-.. '" "'Q W M~ B-r. ~7 $9.50
COT0#2032 l...-... ~.Iw $5.00
00T0#2034 1!., \ h .,.( k..n.l..o..f' 1::'1 '1fo/...".. ~r!> $113.00
- 00T0#2036 " ,. " .. ~ $123.00
00T0#2037 " .. .. ~.... fJl'S $60.00
00T0#2038 IlJn,-Icrr fI-"'~ "'-J H"'S $53.00
00T0#2040 " " , , $45.00
OCT0#2041 1'''1 n , ofv- 'U.~... ru..+ eoe .fit'S $1725
00T0#2042 F "'-~ )...)ev~",V< ~"'ioS ,..,;.l(\;. $13.25
00T0#2044 ,:=.... \-- 10 .......... 1"(..0/$1 $3.50 (see bid)
00T0#2046 " ~ *""- r:z LQ (;" $3.25
OCT0#2048 pv...... ~\>..- r>>\ 10: r/'''''il.. $18.50 (see bid
00TO#2050 ~u~ ~'-~ ,,-,h,~ '!>'''.,/.L' $26.00 (see bie
OCT0#2052 " '. n.1l'.. ~.....l,t $26.00 (see bid .
00T0#2054 ,. .- wh..{ _. $26.00 (see bid
OCT0#2056 << " ..,. ('I r..L. L r~~C""\ $31.50 (see bid) .
CCT0#2058 .. ....c.. ~,...4-' $32.00 ,
'.
00T0#2060 1),~ c,-,-, ~ (-.f . $550.00 (see bid) .
00T0#2062 ,;;"C\c. s~ $835;00
00T0#2064 1=-,-,-~ "'0 .<I-I"' $2.85 (see bid)
OCT0#2066 .. '0 .oJ...-".,. $4.90
Page 3 of 5
Agenda Item No. 1666
NO~cF~e~~tg~~
. ...Pack~Requested:. 4..,.-
Bids Recevied: 1
1'1
,....
,..,,>
Project Mgr.: John Miller
.."..P~ eosted:. tD-1lHl5,
.' Date Due: 11-9-05
BID #06-3917
"RoadWay UghIing ComponenIS"
Agenda Item No. 16B6
June 6, 2006
NotiOiRb~rtt: 0111
.0....'''' '. . "..,.. Packages Reque8ted~4
Bids Recevied: 1
DESCRIPTION
IMMOKALEEBLUE UGHTS MBver Electric Supply Comoam/, Inc.
CCT0#2070 ~.. -~, "s- w ......~ no bid
CCT0#2072 r~L\\.......( l':-.-l I1S" ,o4H- $48.50
CCT0#2074 r..~\1.......r i( 'ol ;ISo ~,.s $57.50
CCT0#2076 \'"I"'"1l....O; ~u(..-.../" $67.00
CCTO#2078 /r.,,\h ......( Ie .-/ ..".... ...."s 557.00
LMNGSTON ROAD GREEN UGHTS
CCT0#2100 no bid
Paint to Match Set-up charge per order no hid
CCTO#2102 no bid
Paint to Match Set-up charge per order no bid
CCT0#2104 no bId
CCT0#2106 no bid
CCT0#2108 no bid .'
CCT0#2110 no bid
CCT0#2112 no bid
CCT0#2114 no bid
CCT0#2116 ~"a-\h~ ~.-f "",-ro ~~ $60-00'
MEDlTERRA DECORATIVE UOHTSfBlack\
CCT0#2130 no bid
CCT0#2132 no bid
CCT0#2134 no hid
CCT0#2136 no bid
CCT0#2138 no bid
CCT0#2140 no bid.
EAST TRAIL DECORATIVE UGHTS ILUMECI
CCT0#2150 no bid
CCTO#2152 no bid
CCT0#2154 no bid
CCT0#2158 no bid
CCTO#2160 no bid
CCT0#2162 no bid
CCT0#2164 no bid
OCT0#2166 no bid
Page 4 of 5
\")")
Project Mgr.: John Miner
Date Posted: 10-19-05
.' bate Due:~H~9~o5
BID #06-3917
<.. "RQactwaY Li9lrting ~Ornponents:..
DESCRIPTION
EAST TRAIL DECORATIVE UGHTS (LUMEC) Con't Mayer Electric Suoply Company, Inc.
CCT0#2168 no bid
CCT0#2170 no bid
CCT0#2172 no bid
CCT0#2174 no bid
CCTO#2176 no bid
CCT0#2178 no bid
CCT0#2180 no bid
CCTO#2182 no bid .
CCT0#.2184 no bid
CCT0#2186 r.>~!I''-"\. ~.~ "J..So 14\'\-- 4'6011 S60.00 -
CCT0#23DD no bid .
CCT0#2302 no bid
CCTO#2304 no bid
CCTO#2306 no bid
CCTO#2308 no bid
CCT0#2310 no bid
Prompt Payment Terms:
N
Agent: Brenda Brilhart ~ /:
Witness: Courtney Grosman c?-c----'
Page 5 of 5
Agenda Item No. 16B6
NoffcWf~~gn
.P~ckagesRequested:. 4",
Bids Recevied: 1
''''ili'''.''';
r
~~
'2 'S";'
Ilf1
Agenda Item No. 1687
June 6, 2006
Page 1 of 8
,....--.
EXECUTIVESU~ARY
Recommendation to approve a Resolution of the Collier County Board of County
Commissioners (BCC) authorizing the filing of the Trip and Equipment Grant
Application with the Florida Commission for the Transportation Disadvantaged
(CTD).
OBJECTIVE: To approve the attached grant application (Trust Fund Grant
Acknowledgement Form) and resolution authorizing the Chairman of the BCC to file and
execute the application and to sign the agreement as required in connection with the
application,
CONSIDERATION: As the Community Transportation Coordinator (CTC) for Collier
County, the BCC will file a Trip and Equipment grant with the Commission for the
Transportation Disadvantaged (CTD) each year. Funds from this grant will cover a
portion of the operating expenses of the Transportation Disadvantaged Program.
FISCAL IMPACT: For FY07, County local funding for the Transportation
Disadvantaged program is expected to total].8 million. This application will secure a
transportation disadvantaged grant in the amount equal to $594,308 (project 45003). A
10% grant match is required and will be funded through the FY06 budget (project
31427).
-
GROWTH MANAGEMENT IMP ACT: Consistent with Objectives 10 and 12 of the
Growth Management Plan.
RECOMMENDATION: That the Board authorize the Chairman to execute the
application and to sign the agreement as required in connection with the application.
That the Board authorize the County Manager, or his designee, to sign any assurances,
reimbursements invoices, warranties, certifications and any other documents which may
be required in connection with this application, and approve any budget amendments
necessary to receive and use these funds.
Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes
Attachment: Grant Application
/"-
Agenda Item No. 1687
June 6, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16B7
Recommendation to approve a Resolution of the Collier County Board of County
Commissioners (BCC) authorizing the filing of the Trip and Equipment Grant Application with
the Florida Commission for the Transportation Disadvantaged (CTD).
6/6/20069:00:00 AM
Item Number:
Item Summary:
Prepared By
Lisa Hendrickson
Senior Planner
Date
Transportation Services
Alternative Transportation Modes
5/17/2006 8:29:53 AM
Approved By
Lisa Hendrickson
Senior Planner
Date
Transportation Services
Alternative Transportation Modes
5119/200610:11 AM
Approved By
Kay Luongo
Grants Coordinator
Date
Transportation Services
Transportation Admin
5119/200610:14AM
Approved By
Marlene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
5119/20063:19 PM
Approved By
Barbara LaPierre
Management/Budget Analyst
Date
Transportation Services
Traffic Operations
5/22/2006 8:26 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/22/200610:35 AM
Approved By
Diane B. Flagg
Director ATM Director
Date
Transportation Services
Alternative Transportation Modes
5/22/2006 4:47 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/23/2006 9:09 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
5/24/2006 11: 53 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/24/2006 1 :00 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
Agenda Item No. 1687
June 6, 2006
Page 3 of 8
County Manager's Office
Office of Management & Budget
512412006 1 :41 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5126120069:14 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/2612006 9:33 AM
Agenda Item No. 1687
June 6, 2006
Page 4 of 8
RFSOLUTION NO. 2006-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC)
AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND
GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTA TION
DISADVANTAGED.
WHEREAS, the Collier County Board of County Commissioners has the authority to file a
Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged
service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative
Coqe;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT:
1. The BOARD has the authority to file this grant application.
2. The BOARD authorizes the Chairman to file and execute the application on behalf
of the Collier County BCC with the Florida Commission for the Transportation
Disadvantaged.
3. The BOARD'S Registered Agent in Florida is David C. Weigel, County Attorney.
The Registered Agents address is 3301 East Tamiami Trail, Naples, Fl34112.
4. The BOARD authorizes the Chairman to sign any and all agreements or contracts,
which are required in connection with the application.
5. The BOARD authorizes the County Manager, or his designee, to sign any and all
assurances, reimbursement invoices, warranties, certifications and any other
documents, which may be required in connection with the application or
subsequent agreements.
DULY PASSED AND ADOPTED THIS _DAY OF .2006
ATTEST:
DWIGHT E. BROCK, CLERK
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
By'
Frank Halas, CHAIRMAN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Agenda Item No. 1687
June 6,2006
Page 5 of 8
2006/07 Transportation Disadvantaged Trust Fund Grant
Acknowledgement Form
GRANT RECIPIENT LEGAL NAME :Collier County Board of County Commissioners
FEDERAL IDENTIFICATION NUMBER: 59-6000558
REMITTANCE ADDRESS: 3301 East Tamiami Trail
CITY AND STATE: Naples, Florida
CONTACT PERSON FOR THIS GRANT:
ZIP CODE: 34112
Lisa Hendrickson
PHONE NUMBER: 239-213-5889
FAX NUMBER: 239-213-5899
(REQUIRED) E-MAIL ADDRESS:lisahendrickson@collieraov.net
PROJECT LOCATION (County(ies)): Collier County
PROPOSED PROJECT START DATE: Julv 1. 2006 ENDING DATE: June 30,2007
PLANNING FUND ALLOCATION TRANSFERRED TO TRIP GRANT
$
o
ANTICIPATED CAPITAL EQUIPMENT REQUEST
Eauipment
N/A
$ Amount
o
Onlv Reauired If Capital Eauipment is Purchased:
This Acknowledgement Form requesting the purchase of capital equipment has been reviewed
by the Local Coordinating Board.
Local Coordinating Board Chairperson's Signature
ESTIMATED CASH-FLOW OF STATE GRANT FUNDS: $49,525.67 monthly ($594,308 FY 06/07)
I , as the authorized Grant
Recipient Representative, hereby certify that the information contained in these forms is true
and accurate and is submitted in accordance with the instructions.
Grant Recipient Representative (Signature)
Date
Agenda Item No. 1687
June 6, 2006
Page 6 of 8
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
COMMUNITY TRANSPORTATION COORDINATOR:Collier County Board of County
Commissioners
EFFECTIVE DATE: Julv 1. 2006
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Vehicle Mile, Trip or $
Boardina Fee, etcl
Ambulatory Random Trip 17.75
Ambulatory Group Trip 15.00
Wheelchair Random Trip 27.50
Wheelchair Group Trip 27.50
Stretcher Trip 28.50
Air Mile 1.50
Hourly Rate Hourly 45.00
Out of Area Trip 12.50
Air Mile 1.50
CAT full-fare one-way ticket Bus pass 1.25
CAT reduced fare one-way ticket Bus pass .60
CAT full-fare 31-day pass Bus pass 35.00
CAT reduced fare 31-day pass Bus pass 17.50
Agenda Item No. 1687
June 6, 2006
Page 7 of 8
STANDARD ASSURANCES
The recipient hereby assures and certifies that:
(1) The recipient will comply with the federal, state, and local statutes, regulations, executive orders,
and administrative requirements, which relate to discrimination on the basis of race, color, creed,
religion, sex, age, and handicap with respect to employment, service provision, and procurement.
(2) Public and private for-profit, transit and paratransit operators have been or will be afforded a fair
and timely opportunity by the local recipient to participate to the maximum extent feasible in the
planning and provision of the proposed transportation planning services.
(3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the
Transportation Disadvantaged Program and to receive and disburse State funds.
(4) The recipient intends to accomplish all tasks as identified in this grant application.
(5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing
federal, state, or local government funds.
(6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the
Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the
Commission on July 1, 2001 or criteria set forth by any other federal, state, or local government
agency.
(7) Capital equipment or consultant services purchased through this grant comply with the
competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes.
(8) If capital equipment is purchased through this grant, the demand responsive service offered to
individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level
and quality of service offered to individuals without disabilities. Such service, when viewed in
its entirety, is provided in the most integrated setting feasible and is equivalent with respect to:
(a) response time;
(b) fares;
(c) geographic service area;
(d) hours and days of service;
(e) restrictions on trip purpose;
(f) availability of information and reservation capability; and
(g) contracts on capacity or service availability.
Agenda Item No. 1687
June 6, 2006
Page 8 of 8
In accordance with 49 CFR Part 37, public entities operating demand responsive systems
for the general public which receive financial assistance under Sections 5310 or 5311 of
the Federal Transit Administration (pT A) have filed a certification with the appropriate
state program office before procuring any inaccessible vehicle. Such public entities not
receiving FT A funds have also filed a certification with the appropriate program office.
Such public entities receiving FTA funds under any other section of the FTA have f1.led a
certification with the appropriate FT A regional office.
TIris certification is valid for no longer than the contract period for which the grant
application is filed.
Date:
Signature:
Name: Norman Feder
Title: Transportation Services Administrator
Agenda Item No. 16B8
June 6, 2006
Page 1 of 5
.--
EXECUTIVE SUMMARY
Recommendation to authorize the disposal of certain County-owned property that is
without commercial value.
OBJECTIVE: To obtain approval from the Board of County Commissioners to authorize the
disposal of certain County-owned assets deemed to be without commercial value and in non-
operating condition.
CONSIDERATION: Attached is an itemized list of County-owned property that has been
determined to be without commercial value and in non-operating condition for various reasons
(i.e. broken, missing parts, damaged, etc.) explained herein on the attached document.
When an item is in non-working condition, and the cost to repair such an item is higher than
replacement value based on age and working condition, that item will be disposed of. If the
equipment is not eligible for trade, but is operational, the Transportation Division transfers it to
the Purchasing Department to be sold at auction or reutilized by another agency. If the data
processing equipment is deemed non-operational, the Transportation Division will complete a
Collier County Clerk of Courts disposal form requesting permission to dispose of the equipment.
-
In an effort to dispose of these items by the most efficient and cost effective means, staff is
requesting permission to dispose of all data processing equipment that is non-operational and
deemed to be without commercial value at either the Naples Transfer Station or the Collier
County Landfill.
Asset # 960882 Toshiba Fax Machine
Asset # 960894 HP Laser jet 5M Printer
This disposal will be conducted pursuant to Section 274.06, Florida Statute.
FISCAL IMP ACT: There may be a nominal fee associated with the disposal of these items at
the Collier County Transfer Station. Any fees associated with this disposal will be paid by the
operating budget of the Transportation Department disposing of such items.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this executive summary.
RECOMMENDATION: That the Board of County Commissioners approve of the disposal of
certain County-owned assets deemed to be without commercial value an in non-operating
condition.
,-. Prepared By: Lisa Taylor, Budget Analysis
Agenda Item No. 1688
June 6, 2006
Page 2 of 5
Agenda Item No. 1688
June 6, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1688
Recommendation to authorize the disposal of certain County-owned property that is without
commercial value.
Meeting Date:
6/6/20069:00:00 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
5/24/200610:17 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/24/2006 1 :24 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/24/2006 1 :30 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/24/2006 1 :42 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 3:27 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25/20064:17 PM
REPORT OF ACQUlSmON OF COLLJER COUNTY PROPERTY
$1000.00 Minimum Cost or Requiring Fleet Maintenance
Agenda Item No. 1688
June 6, 2006
Page 4 of 5
To:
o Fleet Management
o Purchasing Department
o Finance Department
Check which one(s) ape.!x:
o Transferred U Add to Fleet Maint.
X Disposition 0 Remove from Fleet Maint.
o Acquisition 0 Correction
Date: 04/24106
From: Lisa Taylor
Dept: Trans Admin
Fund: 101
Cost Center: 163609
IDENTIFICATION DATA
County Asset # 960882
*
Mfg. IDlSerial Number:
purchase Order #
Purchase Price:
Vendor:
Make: Toshiba
Model:
Year:
Enline Size:
Fuel:
Trans:
Front Tire Size:
Rear Tire Size:
Description: Toshiba Fax Machine no lonler works cost to repair hither than replacement value.
Auxiliary t I'wJl1eetMpIL U-OIIIJ EQC Code
* For all NEW Vehicles, Off-Road Equipment, Trailen, Small Eqine Equipment and Machinery,
Fleet Management must obtain a County Asset Number.
~~~
6fit. ~
DIsrosITIONrrRANSFER INFORMATION ALSO REQUIRED BY FINANCE DEPARTMENT
o Transferred
To Dept:
Fund Cost Center
Sicnature of New Custodian:
X Junked
o For Next Surplus Auction
Date of Sale:
Amount Realized $
o Other
REPORT OF ACQUISmON OF COLLIER COUNTY PROPERTY
51000.00 Minimum Cost or Requiring Fleet Maintenance
Agenda Item No. 1688
June 6, 2006
Page 5 of 5
To:
D Fleet Management
D Purcbasina Department
D Finance Department
Check which one(s) apl!!Y:
o Transferred D Add to Fleet Maiot.
X Disposition 0 Remove from Fleet Maint.
D Acquisition 0 Correction
Date: 04/24/06
From: Lisa Taylor
Dept: TECM
Fund: 312
Cost Center: 163615
IDENTIFICATION DATA
County Asset ## 960894
*
Mfg. IDlSerial Number:
Purchase Order #
Purchase Price:
Vendor:
Make: Toshiba
Model:
Year:
Engine Size:
Fuel:
Trans:
Front Tire Size:
Rear Tire Size:
Description: HP Laserjet 5M no lonaer works cost to repair hither than replacement value.
Auiliary I II.. JIIeet Mpd. Vie 0IIIy EQC Code
* For all NEW Vehicles, Off-Road Equipment, Trailers, Small Engine Equipment and Machinery,
Fleet Management must obtain a County Asset Number.
~/t-J
ustodDn's Signature
fl,r<: '- t. v-
y /~ /0 Cc Title
DISPOSITIONfI'RANSFER INFORMATION ALSO REQUIRED BY FINANCE DEPARTMENT
D Transferred
To Dept:
Fund Cost Center
Signature of New Custodian:
X Junked
D For Next Surplus Auction
Date of Sale:
Amount Realized S
D Other
Agenda Item No. 16C1
June 6, 2006
Page 1 of 25
Executive Summary
Recommendation to Approve Change Orders to Greeley and Hansen LLC Work Orders
GH-FT-05-07 in the amount of $47,250 and GH-FT-05-08 in the amount of $41,304 under
Fixed Term Contract #00-3119, "Fixed Term Professional Utility Engineering Services,"
for the 2005 Utilities Water Master Plan Update and the 2005 Utilities Wastewater Master
Plan Update and Appropriate Budget Amendments, Projects Numbers 70070, 73066, and
75007
OBJECTIVE: To provide additional services that are necessary to achieve comprehensive and
current 2005 Master Plan Updates for Water and Wastewater. These services are consistent with
the original scope of services.
CONSIDERATIONS: The public purpose of these projects is to create Water and Wastewater
Master Plan Updates that will help the Public Utilities Division meet water and wastewater
demands for the next 20 years.
On September 13, 2005, under agenda item 16.F.l.m, the BCC approved work orders GH-FT-
05-07 and GH-FT-05-08 for $143,201 and $136,705, respectively.
-
On September 22, 2005, the BCC approved the fiscal year 2006 Capital Budget for the Water
Impact Fee Fund (Fund 411), Water User Fee Fund (Fund 412), Wastewater Impact Fee Fund
(Fund 413), and Wastewater User Fee Fund (Fund 414). In Funds 411, 412, 413, and 414,
projects exist that allow funds for Water and Wastewater Master Plan Updates.
On May 12, 2006, staff received "Change Order No.1" proposals to the above work orders. The
Change Orders 1) extend the schedule by 15 weeks, 2) increase the total cost of the master
planning effort by $88,554, and 3) add the following work to the original scope of services
related to the Master Plans - additional evaluations and attendance to meetings to update the
Capital Improvement Projects (CIP) Tables, additional attendance to Productivity Committee
Subcommittee Meetings, additional attendance to a DSAC Subcommittee Meeting, performance
of Year 2010,2015, and 2020 hydraulic modeling runs, coordination with the program manager
of the proposed Northeast Water and Wastewater Plants, hydraulic modeling reviews for up to
40 Planned Unit Developments CPUDs) to assure consistency with the Master Plans, evaluation
of bulk water and wastewater service to Marco Island, coordination of population projections
with the South Florida Water Management District (SFWMD) for preparation of the Lower West
Coast Water Supply Plan (L WCWSP) Update, changes to the Master Plan Updates associated
with CIP changes, preparation of presentation boards as requested by the Public Utilities
Engineering Department (PUED), preparation of an update to the 2005 AUIR to match the
Master Plan, and to authorize the expenditure of Additional Services funds in the amount of
$12,274 on GH-FT-05-07 for preparation of the 2005 AUIR for water and the amount of$12,274
on GH-FT-05-08 for preparation of the 2005 AUIR for wastewater.
/"""
Staff is satisfied that the fees presented in the Change Order Proposals are fair and reasonable.
Agenda Item No. 16C1
June 6, 2006
Page 2 of 25
FISCAL IMPACT: The $47,250 Change Order #1 to work order GH-FT-05-07 will be paid for
by Fund 411 Project 700703 and Fund 412 Project 750071 - 50% each fund.
The $41,304 Change Order #1 to work order GH-FT-05-08 will be paid for by Fund 413 Project
730663 and Fund 414 Project 750072 - 50% each fund.
Necessary Budget Amendments are required to transfer funds into appropriate project numbers.
GROWTH MANAGEMENT IMP ACT: This project is consistent with the 2003 Water and
Wastewater Master Plan Updates adopted by the BCC on May 25, 2004 as Agenda Items 10.C
and 10.0. This project meets current Growth Management Plan (GMP) standards to ensure the
adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
as the Ex-Officio Governing Board of the Collier County Water-Sewer District:
1) Approve Change Order #1 to Work Order GH-FT-05-07 in the amount of$47,250
2) Approve Change Order #1 to Work Order GH-FT-05-08 in the amount of$41,304
3) Authorize the County Manager or his designee to execute the Change Orders.
PREPARED BY: Paulus R. Kwa, PE, PMP, Project Manager, Public Utilities Engineering
Department
Agenda Item No. 16C1
June 6, 2006
Page 3 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16C1
Recommendation to Approve Change Orders to Greeley and Hansen LLC Work Orders GH-
FT -05-07 in the amount of $47,250 and GH -FT -05-08 in the amount of $41.304 under Fixed
Term Contract #00-3119, Fixed Term Professional Utility Engineering Services, for the 2005
Utilities Water Master Plan Update and the 2005 Utilities Wastewater Master Plan Update
and Appropriate Budget Amendments, Projects Numbers 70070, 73066, and 75007.
6/6/20069:00:00 AM
Item Number:
Item Summary:
Prepared By
Paul Kwa
Project Manager
Date
Public Utilities
Public Utilities Engineering
5/1/200610:01 :03 AM
Approved By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
5/1/20061 :19 PM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
5/3/20067:49 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
5/8/20068:12 AM
Approved By
Porfirio E. Gramatges, P.E.
Sr. Project Manager
Date
Public Utilities
Public Utilities Engineering
5/11/200612:51 PM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
5/19/20068:23 AM
Approved By
G. George Yilmaz
Interim WasteWater Director
Date
Public Utilities
WasteWater
5/22/200612:58 PM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
5/23/2006 11: 13 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/23/2006 11 :45 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/23/2006 11 :45 AM
Agenda Item No. 16C1
June 6. 2006
Page 4 of 25
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
5/24/2006 1 :59 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/2006 9:16 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/2612006 1 :36 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5126/20062:13 PM
Project Name 2005 Water and Wastewater Master Plan Updates
EVENT Cost
Land Acquisition
Land Use/Zonino
Design/Permit $368,460
Construction
Inspection
Project Total $368,460
,.,.'...'....".-.,,;.,.,-.:...:,.,..,.,. ,."
h._,..... ,_"",.",_,:'..0"_'/",'" ,,', '-".
?-/-\'.t:':"-:,,::,,,:
.1'<'fYO~L.~,
2004
FY05
I 2005
". _, >::':;'1-:;.
... .';'.:: ::..,/':' F'Yot ;;;;/:'ii;,
I 2005
Agenda Item No. 16C1
June 6. 2006
Page 5 of 25
Capital Project No 70070~
FY07
2007
"'. "i'~r'\FYOllj,.",;'.'.,
I 2008 __
Qtr1 Qtr2 Qtr3 Qtr4 Olr1 Olr2Olr3 Olr4 Qtr1 Olr2 Olr3 Qtr4 Olr1 Old Qtr3 Qtr41 Olr1' Qtr2 Otr3 Qtr4
,,-r ,.
I
I
.
EXHIBIT B
COLLIER COUNTY, FLORIOA
WORK ORDER NO. GH.FT-05-07
2005 WATER MASTER PLAN UPDATE
Change Order No. 1
Budgeted Hours and Costs
Gre~y and Hansen lLC
May 12, 2006
Agenda Item No. 16C1
June 6, 2006
Page 6 of 25
Estimated Hours other
Tolal ODC Direct Total
P SOE SPM PM/SE E3 E2 El SI liST T A C TOTAL Labor fEFERENC (~~\ ~rojed. Subtotals
No Task HOURS Cost Costs OV Task
1 INrnAL PLANNING UPDATE SERVICES
1.1 Coiled and Review Existina Data 2 4 6 12 $ 1.212 1 $ 50 $ 1,262
12 Uodate Pooulation and Demand Forecasts 12 24 48 64 $ 8.256 1 $ 50 $ 8,306
1.3 Und8te Base Mans for P1anni 6 12 40 20 78 $ 6.760 1 $ 150 $ 6,930
20 0 0 40 0 94 0 20 0 0 0 1 4 $ 16,2 2 $ 16,498 $ 16.498
2 UPDATE MASTER PLANS
2.1 unaBle Re ionsl Treatment Plant Anal as 4 12 6 20 42 $ 4,044 $ 4.044
2.2 Upda1e ransmission System Analvsis 12 60 12 30 114 $ 11.592 1 $ 50 $ 11,642
2.3 Update CIP's 40 48 12 20 120 $ 13.648 1 $ 100 S 13,946
2.4 Preoare 200S Water Master Ian Update 80 160 46 60 24 80 24 476 S 44.928 1 $ 8.750 S 53 678
2.5 Meeti s 54 8 4 4 70 $ 9.83;; $ 9,836
2.6 Assist with Master an Adoolion
1 .PreDaTe and Conduct Presenlations
a. Public Utilities Administrator (2 20 4 4 2 30 $ 3,922 1,2 $ 125 $ 4,047
b, Coun Mana er 8 2 2 1 13 $ 1,653 1.2 $ 50 $ 1,703
c. Produdivit Committee 8 2 2 1 13 $ 1.653 1,2 $ 50 $ 1,703
d DSAC (2 20 4 4 2 30 S 3,922 1.2 S 125 $ 4,047
e. BCC Woricsho 12 4 4 2 22 $ 2,690 1,2 $ 200 $ 2,890
f. BCC Ado 8 2 2 1 13 $ 1,653 1,2 $ 200 $ 1.853
2. Prepare evelop Responses fOf FAa's 8 8 1 17 $ 2,107 $ 2.107
3 3. Prepare R~S to PC and DSAC Quesl.ons 8 16 1 25 $ 2.931 $ 2,931
282 0 0 330 82 152 24 0 91 24 98 $ 104.779 S 9.6 114,429 S 114.42!:
30 30 8 20 8 12 108 S 11.274 1 $ 1.000 $ 12.274 $ 12.274
4 SUMMARY OF CHANGE ORDER NO.1
AOOrnONAL SERVICES
4.1 Additional elP Ucdate Services 20 24 30 74 $ 9,122 S 9.122
4.2 Additiona Services 10 Update PopulatIon and
DemandlFlow Forecasts and Associated Hydraulic
Modelina 4 20 20 44 $ 4,316 $ 4.316
43 Addmonal Hydraulic Modeling for Years 201Q, 2015
and 2020 8 24 32 $ 3.704 $ 3,704
4.4 Hydraulic Modeling for Review of Bulk Service to
Marco Island 1 7 8 S 875 $ 875
4.5 Coordination with Northeast Facilities Program
Menacer 8 16 24 $ 2,860 $ 2.880
4.6 Allowance for Hydraufic MOdeling Review of up to 40
Prooosed PUD's 12 80 92 $ 10,088 $ 10.088
4.7
Coordination with SFWMD for Population Pro"edions 16 24 40 $ 4.93;; $ 4,93;;
4.8 Master Plan Revisions to Match CtP Revisions 8 25 12 12 6 18 81 $ 7,245 1 $ 200 $ 7,445
4.9 Pre are resentaijon Boards for PUEO 1 8 9 $ 810 1 $ 200 $ 1,010
4.10 Update AUIR to Match Master Plan 4 6 20 30 $ 2.874 $ 2.874
82 0 24 232 12 60 6 0 0 0 18 0 434 $ 46,850 $ 400 47.250 $ 47.250
Aganda.BCCAGENDA.23429
Page 1 of2
Estimated Hour~ Olher
Total 'lE~~NC Direct Total
P SDE SPM PMlSE E~ E2 E1 51 liST T A C TOTAL Labor Cost Project Subtotals
Nn Task HOURS Cosl 'ODC' Costs bv Task
Tota Hours and ees In original contra 332 0 0 400 90 266 32 20 0 0 10~ 24 1257 $ 1 ~2,301 $ 10.9Dll $ 143.201 $ 143,201
otal Houf5 and Fees n coangs order No. 82 0 24 232 12 80 6 0 0 0 18 0 434 $ 46,850 $ 400 $ 47.250 $ 47 260
Total Hours and Fees Including Change Order No. 414 0 24 632 102 325 38 20 0 0 121 24 1701 $ 179,151 $ 11,300 $ 190.451 $ 190.451
Rate $154 $144 $123 $103 $92 $82 $72 $67 $57 $46 $51 $41
COLLIER COUNTY, FLORIDA
WORK ORDER NO. GH-FT.05-07
2005 WATER MASTER PLAN UPDATE
Change Order No.1
Budgeted Hours and Costs
Greeley and Hansen LLC
May 12, 2006
Agenda Item No. 16C1
June 6, 2006
Page 7 of 25
P
SDE
SPM
PMlSE
E3
E2
Prindpals and Associates
Senior Design Engineer J Chief Engineer
senior Project Manager J Construction Manager
Project Manager I Senior Engineer
Engineer III
Engineer II/Senior Designer
El
SI
I
T
A
C
Engineer 1 I Planner
Senior Inspector/Design Technician
Inspector/Senior Technician
Technician
Administrative Assistant, Secretary
Clerical/ other Support
1 . PRINTING ALLOWANCE
2 . TRAVEL ALLOWANCE
AgendB.BCCAGENDA.23429
Page2of2
EXHIBIT 8
COLUER COUNTY. FLORIDA
WORK ORDER NO. GH.FT-(J5-OB
2005 WASTEWATER MASTER PLAN UPDATE
Change Order NO.1
Budgeted Hours and Costs
Greeley snd Hansen LLC
May 12. 2006
Agenda Item No. 16C1
June 6. 2006
Page S of 25
Estimated Hours Other
Tolal OOC Direct Tota!
P SDE SPM PMlSE E3 E2 El SI liST T A C TOTAL Labor EFERENC Cost Project ~btotals
No. Task HOURS Cost 'ODC Costs Task
1 INITIAL PLANNING UPDATE SERVICES
1.1 Collect and Review Existino Data 2 4 6 12 $ 1.212 1 $ 50 $ 1,262
1.2 U ate POOi!labon and Demand Forecasts 12 24 48 84 $ 8.256 1 $ 50 $ 8.306
1.3 Update Base Ma for Plannina 6 12 40 20 78 $ 6.780 1 $ 15(J $ 6.930
20 0 0 40 0 94 0 20 0 0 0 0 174 $ 16.248 $ 25(J $ '6,498 S 16,498
2 UPDATE MASTER PlANS
2.1 Uoctale Reoklnal Treatment Plan1 Analvses 4 12 6 20 42 $ 4.044 $ 4.044
2.2 U me Transmission Svstem AnalvSis 12 60 12 30 114 $ 11 ,592 1 $ 50 $ 11 ,642
2.3 U steGI?'s 40 48 12 20 120 $ 13.848 , $ 100 $ 13.948
2.4 Pre are 2005 Wastewater Master Plan ate 80 120 40 40 24 80 24 408 $ 38.432 1 $ 8.75(J $ 47.182
2.5 Meetinr 5 54 8 4 4 70 $ 9,836 $ 9.836
2.6 Assist with Master Plan Ado ion
1.PreMre and Conduct Presentations
a. ubhc Utililies Administrator 2 20 4 4 2 30 $ 3.922 1.2 $ 125 $ 4.047
b. Count\' Manaaer 8 2 2 1 13 $ 1,653 1.2 $ 50 $ 1.703
c, Produd:ivitv-t::orrrniltee 8 2 2 1 13 $ 1,653 1.2 $ 50 $ 1.703
d. DSAC 77\ 20 4 4 2 30 $ 3,922 1.2 $ 125 $ 4,047
e, Bee Worksh 12 4 4 2 22$ 2.690 1.2 $ 200 $ 2.890
f. Bce Adootion 8 2 2 1 13 $ 1.653 1.2 $ 200 $ 1,853
2. PreDare/DeveloD Responses for F AQ's 8 8 1 17 $ 2,107 $ 2.107
3. Preoore Resoonses to PC and OSAC Questions B 16 1 25 $ 2.931 $ 2.931
282 0 0 290 74 132 24 0 0 0 91 24 917 $ 98.283 $ 9,6511 $ 107933 $ 107.933
31ADOlnO A 30 30 6 20 8 12 108 $ 11.274 1 $ 1,000 $ 12,274 S 12.274
4 SUMMARY OF CHANGE ORDER NO.1
AODlnONAL SERVICES
4.1 Additional CIP U ate Ser'Vlces 20 24 30 74 $ 9,122 $ 9,122
4.2 Additional Services to Update I='opulatlon and
DemandlFlow Forecasts and Associated Hydraulic
Modefinn 4 20 20 44 $ 4.316 $ 4.316
4.3 Additional Hydraulic MOdeling for Years 2010,2015
and 20.20 8 24 32 $ 3,704 $ 3.704
4.4 Hydraulic Modeling for Review of Bulk Service to
Marco Island I 7 8 $ 875 $ 875
4.5 Coordination with Northeas1 Facilities Program
ManW1er 6 16 24 $ 2.680 $ 2.880
4.6 Allowance for Hydraulic Modeling Review of up to 40
Proposed PUD's 12 80 92 $ 10.086 $ 10.088
4.7 Master Plan Revisions to Match CIP Revisions 8 25 12 12 6 18 81 $ 7.245 1 $ 200 $ 7,445
4.8 Prepare Presentation Boards for PUEf") 1 8 1 $ 200
4.9 U ate AUIR to Match Master Plan 4 6 20 30 $ 2.874 $ 2.874
66 0 24 208 12 60 6 0 0 0 '8 0 385 $ 41,104 400 $ 41,304 $ 41,304
Agenda.BCCAGENDA23430
Page 1 of2
Estimated Hours Other
TOlal OOC Direct Total
P 5DE 5PM PMISE E3 E2 E1 SI liST T A C TOTAL Labor REFERENCe Cos1 Projed Sutto1als
~, Task HOURS Cost 10DC Costs b\lTask
ota HOUrs an ees ul"Orioina Con rac 332 0 0 360 52 246 32 20 0 0 103 24 1199 $ 125505 $ 10.900 $ 136,705 $136,705
0181 HOurs eas ui-Change er 66 0 24 205 12 60 6 0 0 0 15 0 355 $ 41.104 $ 400 $ 41.304 $ 41 304
Tota HOurs ana I"ees ncIu ng ~8nge Order-No 395 0 24 565 94 306 35 20 0 0 121 24 1584 $ 166.909 $ 11.300 $ 176.009 $ 175,009
Rate $154 $144 $123 $103 $92 $82 $72 $67 $57 $46 $51 $41
COLLIER COUNTY, FLORIDA
WORK ORDER NO. GH.FT-QS-05
2005 WASTEWATER MASTER PLAN UPDATE
Change Order No. 1
Budgeted Hours and Costs
Greeley and Hansen LLC
May 12. 2006
Agenda Item No. 16C1
June 6, 2006
Page 9 of 25
P
5DE
SPM
PMlSE
EJ
E2
Principals and Associates
Senior Design Engineer / Chief Engineer
Senior Project Manager' Construction Manager
Project Manager! Senior Engineer
Engineer HI
Engineer II/Senior Designer
E1
51
I
T
A
C
Engineer 1 ! Planner
Senior Inspector/Design Technician
Inspector/Senior Techniclan
Technician
Administrative Assistant, Secretary
Clerical! Other Support
1 = PRINTING ALLOWANCE
2 = TRAVEL ALLOWANCE
Aoenda.BCCAGENDA.2J4JO
Page 20f2
Agenda Item No. 16C1
June 6, 2006
Page 10 of 25
EXHIBIT A
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
Change Order No.1 to Work Order #GH-FT-05-08
2005 Wastewater Master Plan Update
Scope of Services
Greeley and Hansen LLC
May 12, 2006
Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services
for Collier County, herein referred to as COUNTY, associated with the development and
preparation of the 2005 Wastewater Master Plan Update, herein referred to as the PROJECT, for
COUNTY. This work order shall be completed in accordance with the terms of Contract 00-
3119, herein referred to as CONTRACT.
The scope of services for the original work orders was for development of an update to the
Collier County Wastewater Master Plan, for which the Notice to Proceed was dated September
14, 2005. The original Work Order budget was $136,705 for the Wastewater Master Plan
Update. The original scope included updates to population and wastewater flow forecasts,S and
20-year CIP schedules, year 2005 and 2025 hydraulic modeling and maps to show updated
projects, updated master plan text, figures and tables and assistance with the Master Plan
adoption. The original scope also included an additional services allowance of up to $12,274.
While that task was intended to fund out-of-scope actions to the end of the contract period, this
allowance was used for preparation of the 2005 AUIR, for which services have been documented
with the ENGINEER invoices.
Change Order No. 1 is for an increase to the Additional Services Allowance on a Time and
Materials basis by the amounts of $41,304. This amendment is also to extend the completion
date to July 26, 2006, an extension of 15 weeks. These additional services include additional
evaluations and meetings to update and revise Capital Improvement Program (CIP) tables,
additional engineering services to incorporate modifications to updating the water-sewer district
population and associated hydraulic modeling, preparation of intermediate year 2010, 2015 and
2020 hydraulic model runs, coordination with the Northeast Facilities Program Manager,
allowance for preparation of hydraulic modeling reviews for up to 40 Planned Unit
Developments (PUDs), evaluation of bulk wastewater service to Marco Island, changes to the
master plan updates associated with crp changes, preparation of additional presentation boards
as requested by PUED and preparation of an update to the 2005 AUrR to match the master plan.
A breakdown of additional costs is shown on Exhibit B.
Page t of3
4-29-06 PROPOSAL AMENDMENT t - W ASTEW A TER MASTER PLAN
Agenda Item No. 16C1
June 6, 2006
Page 11 of 25
A further description of the time and materials additional services items is provided below:
1. Additional CIP Update Services: The draft CIP tables were submitted in December 2005
based on input from PUED project managers and schedules for plant expansions based
on the AUIR. There have been several additional meetings and ongoing revisions to the
CIP tables to reduce program costs. In addition, changes to the AUIR plant expansion
schedules resulted in further revisions to the CIP tables.
2. Additional Services to Update Population and Flow Forecasts and Associated Hydraulic
Modeling: The population forecasts provided by the COUNTY have been revised three
times, resulting in recalculation of all population tables, flow and demand tables and
hydraulic modeling. The original scope of services was based on receipt of population
data from COUNTY Planning by September 9, 2005. Population projections were
received on October 4, 2005. Revised population tables were received on October 13,
2005, November 2, 2005 and November 23, 2005. This task also includes ongoing
services to evaluate using High BEBR populations for five years (as opposed to ten
years) as requested by the COUNTY.
3. Additional Hydraulic Modeling for Years 2010, 2015 and 2020: The original scope of
services included hydraulic modeling for year 2005 and year 2025. Intermediate year
2010,2015 and 2020 modeling is required to evaluate moving plant expansion schedules
that were established in the AUIR.
4. Hydraulic Modeling for Review of Bulk Service to Marco Island: The COUNTY
requested an evaluation of providing bulk wastewater service to Marco Island. It was
agreed that these services would be provided under the Time and Materials Additional
Services Task 3.
5. Coordination with Northeast Facilities Program Manager: The COUNTY requested
attendance at two meetings with the Northeast Facilities Program Manager to present the
master plans and hydraulic modeling results. It was agreed that these services would be
performed under the Time and Materials Additional Services Task 3.
6. Allowance for Hydraulic Modeling for Review of up to 40 PUDs: This is an ongoing
Additional Services allowance for hydraulic modeling as requested by the COUNTY.
The allowance is for hydraulic modeling and reporting of capacity impacts for up to 40
PUDs.
7. Master Plan Revisions to Match CIP Revisions: The COUNTY requested that the future
construction schedules for the NEWRF and SEWRF be re-evaluated and changed in the
master plan. This resulted in changes to the master plan figures, tables and text.
8. Presentation Boards: Presentation Boards showing the wastewater service areas are
being prepared as requested by the COUNTY. It was agreed that these services would be
provided under the Time and Materials Additional Services Task 3.
9. Update AUIR to Match Master Plan: The 2005 AUIR is being updated to match the
current master plans as requested by the COUNTY.
Page 2 of 3
4-29-06 PROPOSAL AMENDMENT 1 - W ASTEW A TER MASTER PLAN
SUMMARY
TASK NO. DESCRIPTION
COST
1 Initial Update Planning Services $ 16,498 LS
2 Update Master Plans $107,933 LS
SUBTOTAL $124,431 LS
3 Additional Services Allowance $ 12,274 T&M
ORIGINAL TOTAL $136,705
4 Change Order No. 1 Additional Services $ 41,304 T&M
TOTAL INCL. CHANGE ORDER NO.1 $178,009
COMPLETION DATE: July 26, 2006
Agenda Item No. 16C 1
June 6, 2006
Page 12 of 25
Page 3 of 3
4-29-06 PROPOSAL AMENDMENT 1 - W ASTEW A TER MASTER PLAN
Agenda Item No. 16C 1
June 6, 2006
Page 13 of 25
EXHIBIT A
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
Change Order No.1 to Work Order #GH-FT-05-07
2005 Water Master Plan Update
Scope of Services
Greeley and Hansen LLC
May 12, 2006
Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services
for Collier County, herein referred to as COUNTY, associated with the development and
preparation of the 2005 Water Master Plan Update, herein referred to as the PROJECT, for
COUNTY. This work order shall be completed in accordance with the terms of Contract 00-
3119, herein referred to as CONTRACT.
The scope of services for the original work order was for development of an update to the Collier
County Water Master Plan, for which the Notice to Proceed was dated September 14,2005. The
original Work Order budget was $143,201 for the Water Master Plan Update. The original scope
included updates to population and water demand forecasts,S and 20-year CIP schedules, year
2005 and 2025 hydraulic modeling and maps to show updated projects, updated master plan text,
figures and tables and assistance with the Master Plan adoption. The original scope also
included an additional services allowance of up to $12,274. While that task was intended to fund
out-of-scope actions to the end of the contract period, this allowance was used for preparation of
the 2005 AUIR, for which services have been documented with the ENGINEER invoices.
Change Order No.1 is for an increase to the Additional Services Allowance on a Time and
Materials basis by the amount of $47,250. This amendment is also to extend the completion date
to July 26, 2006, an extension of 15 weeks. These additional services include additional
evaluations and meetings to update and revise Capital Improvement Program (CIP) tables,
additional engineering services to incorporate modifications to updating the water-sewer district
population and associated hydraulic modeling, preparation of intermediate year 2010, 2015 and
2020 hydraulic model runs, coordination with the Northeast Facilities Program Manager,
allowance for preparation of hydraulic modeling reviews for up to 40 Planned Unit
Developments (PUDs), evaluation of bulk water service to Marco Island, coordination of
population projections with SFWMD for preparation of the Lower West Coast Water Supply
Plan Update, changes to the master plan updates associated with CIP changes, preparation of
additional presentation boards as requested by PUED and preparation of an update to the 2005
AUIR to match the master plan. A breakdown of additional costs is shown on Exhibit B.
A further description of the time and materials additional services items is provided below:
Page 1 of3
4-29-06 PROPOSAL AMENDME:\'T 1- WATER MASTER PLAN
Agenda Item No. 16C1
June 6, 2006
Page 14 of 25
1. Additional CIP Update Services: The draft CIP tables were submitted in December 2005
based on input from PUED project managers and schedules for plant expansions based
on the AUIR. There have been several additional meetings and ongoing revisions to the
CIP tables to reduce program costs. In addition, changes to the AUIR plant expansion
schedules resulted in further revisions to the CIP tables.
2. Additional Services to Update Population and Flow/Demand Forecasts and Associated
Hydraulic Modeling: The population forecasts provided by the COUNTY have been
revised three times, resulting in recalculation of all population tables, flow and demand
tables and hydraulic modeling. The original scope of services was based on receipt of
population data from COUNTY Planning by September 9, 2005. Population projections
were received on October 4, 2005. Revised population tables were received on October
13, 2005, November 2,2005 and November 23, 2005. This task also includes ongoing
services to evaluate using High BEBR populations for five years (as opposed to ten
years) as requested by the COUNTY.
3. Additional Hydraulic Modeling for Years 2010, 2015 and 2020: The original scope of
services included hydraulic modeling for year 2005 and year 2025. Intermediate year
2010, 2015 and 2020 modeling is required to evaluate moving plant expansion schedules
that were established in the AUIR.
4. Hydraulic Modeling for Review of Bulk Service to Marco Island: The COUNTY
requested an evaluation of providing bulk water service to Marco Island. It was agreed
that these services would be provided under the Time and Materials Additional Services
Task 3.
5. Coordination with Northeast Facilities Program Manager: The COUNTY requested
attendance at two meetings with the Northeast Facilities Program Manager to present the
master plans and hydraulic modeling results. It was agreed that these services would be
performed under the Time and Materials Additional Services Task 3.
6. Allowance for Hydraulic Modeling for Review of up to 40 PUDs: This is an ongoing
Additional Services allowance for hydraulic modeling as requested by the COUNTY.
The allowance is for hydraulic modeling and reporting of capacity impacts for up to 40
PUDs.
7. Coordination with SFWMD for Population Projections: The COUNTY requested
assistance to coordinate population and water demand projections with SFWMD in
development of the SFWMD 2006 Lower West Coast Water Supply Plan. These
services are ongoing. It was agreed that these services would be provided under the
Time and Materials Additional Services Task 3.
8. Master Plan Revisions to Match CIP Revisions: The COUNTY requested that the future
construction schedules for the NER WTP and SER WTP be re-evaluated and changed in
the master plan. This resulted in changes to the master plan figures, tables and text.
9. Presentation Boards: Presentation Boards showing the water service areas are being
prepared as requested by the COUNTY. It was agreed that these services would be
provided under the Time and Materials Additional Services Task 3.
10. Update AUIR to Match Master Plan: The 2005 AUIR is being updated to match the
current master plans as requested by the COUNTY.
Page 2 of3
4-29-06 PROPOSAL AMENDMENT 1 - WATER MASTER PLAN
SUMMARY
TASK NO. DESCRIPTION
COST
Initial Update Planning Services $ 16,498 LS
2 Update Master Plan $114.429 LS
SUBTOTAL $130,927 LS
3 Additional Services Allowance $ 12,274 T&M
ORIGINAL TOTAL $143,201
4 Change Order No. I Additional Services $ 47,250 T&M
TOTAL INCL. CHANGE ORDER NO.1 $190,451
COMPLETION DATE: July 26, 2006
Agenda Item No. 16C1
June 6, 2006
Page 15 of 25
Page 3 of3
4-29-06 PROPOSAL AMENDMENT 1 - WATER MASTER PLAN
Date: 5/22/06
E-Mailed To Bonnie:
8gend8 IteJJ1..N
June 6, 2006
Page 16 of 25
~
Project Name: 2005 Water Master Plan REVISED
Project Number: 700703/750071
BIDIRFP #:
00-3119
Do Not Place on Admin. Report - To Bee
Mod#:
PO#:
4500050165
Work Order Number: GH-FT-05-07
Contractor/Consultant: Greeley & Hansen
Original Contract Amount: $ 143,201.00
(Starting Point)
Current BCC Approved Amount:
$ 143,201.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 143,201.00
(Including All Changes Prior To This Modification)
Change Amount:
$
47,250.00
Revised Contract/Work Order Amount: $ 190,451.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractJWork Order: ~47,250.00
Percentage Of The Change Over/Under Current Contract Amount:
_32.99
%
Type of Change: Work Order
Project Manager: Paul Kwa
Department: PUED
Change Category Type, Circle One Below:
1. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adiustments
Revised 7/11/05
Agenda Item No. 16C1
June 6, 2006
Page 17 of 25
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: 2005 Water Master Plan
PROJECT #: 700703 and 750071
BIDlRFP #: 00-3119
gz
DEPARTMENT:
MOD #: -L..POI: 4500050165 WORK ORDER #:
GH-FT-oS-
PUED
Original Contract Amount:
$ 143.201
(starting Point)
Current BCC Approved. Amount: .
$ 143.201
(Last Total Amount Approved by the BeC)
Current Contract Amount:
$ 143.201
(Including All Changes Prior To This Modification)
Revised ContractlWork Order Amount:
$ 47.250
$ 190.451
(Including This Change Order)
Change Amount:
Cumulative DoBar Value of Changes to this ContractJW ork Order: $
47.250
Date of Last BCe Approval
16.F.1.m
Percentage of the change over/under current contract amount ~ ~12, 91 %
Fonnula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe
on Purchasing report. For specific Information regarding work order thresholds, please refer to the
Contract Administration Procedures, Section III.C.4.
9/13/05
Agenda
Item
#
CURRENT COMPLETION DATE (S):ORIGINAL: 4/12106
CURRENT:
7/26/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional time and material cost to
~nn additional evaluations and meetinos to uodate CIPs. additional enolneerino services to uodate
. SO DODulation numbers. to conform to CDES Plannlno DeDI. Pooulation Number Ae-Issues and
associated h;draulic modelino. oerformance of 2010. 2015. and 2020 hvdraullc modelina runs. coordination
with NE Facilities Prooram Manaoer. hvdraulic modelina reviews for uo to 40 PUDs. evaluation of bulk water
service to Marco Island. c;'rdinatlon ~OOUlatiOn oroiections with the SFWMD for oreparation of the Lower
west Coast Water Suo Iv Plan Ute: chanoes to the Master Plan associated with CjP chanoes,
oreoaration of oresentatlon boards as reauested bv PUED. uodatina of the 2005 AUlA to match the Master
pla;;:-- and authorization of the exoenditure of $12.274 for Additional Services for oreoaratlon of the 2005
AUIR.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
To orovide a more comolete oicture and olan for the Public Utilities Division to stav in
compliance and meet demand for the next 20 vears.
Revised 4/25/2005
Agenda Item No. 16C 1
June 6. 2006
Page 18 of 25
PARTIES CONTACTED REGARDING THE CHANGE: Rooer Howell, Ron Parker. Diane Rosavltch. and
Mike Pekkala of Greelev & Hansen: Jim DeLonv. Phil Gramatoes. Paul Mattausch. Rov Anderson. Georoe
Yilmaz. and Tom Wides of the Public Utilities Division: Lvn Wood of the Purohasina
Department.
IMPLEMENTAnON STEPS (Verify each before proceeding with change using V, N or N/A)
- Y - Proposed change is consistent with the scope of the existing agreement
- Y - Proposed change is in fact an addition or deletion to the existing scope
- Y - Change is being implemented In a manner consistent with the existing agreement
- Y - The appropriate parties have been consulted regarding the change
- Y - Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDAnON: This form is to be signed Bnd dated.
APPROVE BY; .r ~ A " Dat.;~~.(
Projlf"ct M~ager j I'
REVIEWED BY: ~ 7:1.-/ {'.~t1t:f' Date: q~,.;( /~
ContraCt' 'ecialist I
Revised 4/2512005
I
Agenda Item No. 16C1
June 6, 2006
Page 19 of 25
!III
TO:
Greeley & Hansen
1567 Hayley Lane, Suite 201
Fort Myers. Florida 33907
CHANGE ORDER TO WORK ORDER NGH-FI'-05-07
FROM:
Public Utilities Engineering Department
3301 E. Tamiami Trail
Bldg. H 3rd Floor
Naples, F1341l2
Project Name: 2005 Water MasterPlan Update ProjectNo. 700703 and 750071
;""'"
Work Order Dated: 9/13105 Work Order No. GH-FI'-OS-07
Change Order No.: 1 Date: 5/18106
Change Order Description:
'This change order is to 1) extend the schedule 15 weeks, 2) increase the cost by
$47,250, and 3) add the following tasks - additional time and material cost to perform
additional evaluations and meetings to update CIPs, additional engineering services to update
CCWSD population nwnbers to confoIIIl to CDES Planning Dept. Population Number Re-
Issues and associated hydraulic modeling, perfotrnanee of2010, 2015. and 2020 hydraulic
modeling runs, coordination with NE Pacilities Program Manager, hydraulic modeling
reviews for up to 40 PUDs, evaluation of bulk water service to Marco Island, coordination of
population projections with the SFWMD for pteparation of the Lower West Coast Water
Supply Plan Update, changes to the Master Plan associated wi1h CIP changes, preparation of
presentation boards as requested by PUED, pxeparation of an update to the 2005 AUIR to
match the Master Plan. and to authorize the expenditure oi$12,274 for Additional Services
for preparation of~ 2005 AUIR..
Original agreement mnount .............................. ...... ............... ........... .$143,201
This Change Order No.1 Amount (add)...........................................$47,250
RI!IIised Agreement Amount .......,.......__......_.._................... 5196,451
Original contract time in calendar days ....... ........ ............ ...... ,.. ......... ...... .210 days
Adjusted number of calendar days due to previous change orders.. ....... ............0 days
This change order adjusted time is..... ... .... ... .. ... ....... .. . ... ... .. .. .. .... .... .. .. .. ...1 OS days
Rnisetl Contract TUne in working tItzys..... ....... .................. ............ .......315 dllys
Original Notice to Proceed date .................................................. 9/14/05
Completion date based on original contract tUne......................... 4112/06
Revised completion date due to change order(s) ......................... 7fl.6/06
Your acceptance of this change order sbal1 constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as contained in said
Agreement indicated above, as fully as if the same were repeated in this acceptance. The
adjustment, to this Agreement sba1l constitute a full and final settlement of any and all claims
arising out o~ or related to. the change set forth herein, including claims for impact and delay
costs. /12 ~
Prepared by: </?f../;
pa#wa. PE, PrOject Manager
Public Utilities Engineering Dept.
~sj;~{
Agenda Item No. 16C1
June 6, 2006
Page 20 of 25
Cbaage Order No. I
Pap 2
Acceptedby: ~ I~ . . Date: s.,'i.a~
Roger owell, PH. Project Manager, Authorized Company Officer
Greeley &: Hansen LLC
Approved by:
Roy B. Anderson. PE
Public Utilities Engineering Department
Date:
Approved by:
James W. DeLony, PE
Public Utilities Division Administmtor
Date:
Approved as to Form and
Legal Sufficiency:
..,.., ~ )~f1"~
I t'lM Uk..:::...
Assistant County ttomey
Agenda Item No. 16C1
L
Date: 5/1/06
E-Mailed To Bonnie:
,
Page 21 of 25
Project Name: 2005 Wastewater Master Plan
REVISED
Project Number: 730663/750072
Do Not Place on Admin. ReDort - To Bee
BIDfRFP #: 00-3119
Mod#:
PO#:
4500050166
Work Order Number: GH-FT -05-08
Contractor/Consultant: Greeley & Hansen
Original Contract Amount: $ 136,705.00
(Starting Point)
Current BCC Approved Amount:
$ 136,705.00
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 136,705.00
(Inc1udingAll Changes Prior To This Modification)
Change Amount:
$
41,304.00
Revised Contract/Work Order Amount: $ 178,009
(Including This Change Order)
Cumulative Dollar Value ofCbanges to this ContractlWork Order: 1--41,304.00
Percentage Of The Change Over/Under Current Contract Amount:
_30.21
%
Overview of change: To add 15 weeks to schedule, additional time and material cost to perform evaluations and meetings to
update CIPs, additional engineering services to update CCWSD population numbers to conform to CDES Planning Department
and associated hydraulic modeling, performance of2010, 2015 and 2020 hydraulic modeling runs, coordination with NE
Facilities Program Manager, hydraulic modeling reviews for up to 40 PUDs, evaluation of bulk wastewater service to Marco
Island, coordination of population projections with SFWMD for preparation of the Lower West Coast Water Supply Plan update,
changes to the Master Plan association with CIP changes, preparation of presentation boards as requested by PUED ,preparation
of an update to the 2005AUIR to match the Master Plan and to authorize the expenditure of$12,274 for Additional Services for
preparation of the 2005 AUIR.
Con_Spm_ ~ ))1 tJ~.,., .-?!24o(,
Scanned Date: 5/2- P 10 "
I
Data Entry Information:
TYPe of Change: Work Order
Project Manager: Paul Kwa
Department: PUED
Change Category Type, Circle One Below:
1. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adjustments
Revised 71ll/05
Agenda Item No. 16C 1
June 6, 2006
Page 22 of 25
CONTRACTIWORK ORDER MODIFICATION
CHECKUSTFORM
PROJECT NAME: 2005 Wastewater Master Plan
750072
PROJECT
#:
730663
and
BIDlRFP #: 0D-3119
08
MOD #: -L-PO#: 4500050166 WORK ORDER #:
GH-FT-05-
DEP~EN~ PUED
Original Contract Amount: $ 136.705
(Starting Point)
Current BCC Approved Amount:
$ 136.705
(Last Total Amount Approved by the Bce)
Current Contract Amount:
$ 136.705
(Including All Changes Prior To This Modification)
Change Amouut:
$ 41.304
$ 178.009
(Including This Olange Order)
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $
41.304
Date of Last BCC Approval
9/13/05
Agenda Item #
16.F.1.m
Percentage of the change over/under current contract amount 30 . :; { %
Foimula: (Current Amount I Last BCC approved amount)-l
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 4/12/06
CURRENT:
7/26/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional evaluations and meet/nos to
update CIPs, additional eneineerina services to uodate CCWSD population numbers to conform to CDES
Plann/no Depi POPUlation Number Re-Issues and associated hvdraulic modeline. performa"vce of 2010. 201 ~
and 2020 hvdraulic modeline runs. coordination with NE Facilities Proaram Manaeer. h draulic modelin_
reviews for UP to 40 PUDs. evaluation of bulk wastewater service to Marco Island. chan~es to the Master Plan
associated with CIP chanaes. preparation of presentation boards as reauested bv PUED updat/na of the 2005
AUIR to match the Master Plan. and authorization of the expenditure of $12.274 for Additional Services for
oreparation of the 2005 AUI A.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
To provide a more complete picture and Dlan for the Public Utilities Division to stav in compliance and
meet demand for the next 20 Years.
Revised 4/25/2005
1--
,-
Agenda Item No. 16C1
June 6, 2006
Page 23 of 25
-
PARTIES CONTACTED REGARDING THE CHANGE: Roaer Howell. Ron Parker. Diane Rosavitch. and
Mike Pekkala of Greelev & Hansen: Jim DeLanv. Phil Gramataes. Paul Mattausch. Rov Anderson. Georae
Yllmaz. and Tom Wides of the Publio Utilities DMsion; Lvn Wood of the Purchasing
Department.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N1A)
_ Y _ Proposed ohange is consistent with the scope of the existing agreement.
_ Y _ Proposed ohange Is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER OMMENDATlON: This form is to be signed and dated.
APPROVE BY~ ai'./ Date: S/;ct lot
PI" ." . Emage .. /1 '.. .
REVIEWED BY: or .? Date: ~ 7. (;2/06
Contra pecialist I
Revised 412512005
Agenda Item No. 16C 1
JUlie 0, 2008
Page 24 of 25
TO:
Greeley & Hansen
1567 Hayley Lane, Suite 201
Fort Myers. Florida 33907
CHANGE ORDER. TO WORK ORDER #GH-FT-OS-08-
FROM:
Public Utilities Engineering Department
3301 E. Tamiami Trail
Bldg. H 3rd Floor
Naples. PI 34112
Project Name: 2005 Wastewater Master Pian Update
Project No. 730663 and 750072
Work Order Dated: 9/13/05 Work Order No. GR-FT ~5-O8
Change Order No.: 1 Date: 5/18/06
Change Order Deseription:
This change order is to 1) extend the schedule 15 weeks, 2) increase the cost by
$43.052. and 3) add the following tasks - additional time and material cost to perform
additional evaluations and meetings to update CIPs, additional engineering services to update
CCWSD population Dumbers to confoIIn to CDBS Planning Dept. Population Number Re-
Issues and associated hydraulic modeling. performance of2010. 2015. and 2020 hydraulic
modeling runs, coordination with NE Facilities Program Manager, hydraulic modeling
reviews for up to 40 PUDs, evaluation of bulk wastewater service to Marco Island, changes
to the Master Plan associated with CIP changes, preparatiOD of presentation boards as
requested by PUED, preparation of an update to the 2005 AUIR to match the Master Plan.
and to authorize the expenditure of$12,274 of Additional Services for preparation of the
2005 AUIR.
Original agrec:rnent amount. ........... .......... ............. ............ .......... ......$136,705
This Change Order No. 1 Aniount (add)...........................................S41.304
Revised Agrt!ementAmount ........-..-----.-.---.....--........$178,009
Original contract t:im.e in calendar days ........................ .. .... '" ... .. .. .. .. . . .... ..210 days
Adjusted number of calendar days due to previous change orders .....................0 days
This change order adjusted time is. .... ._............. ........ ........ ......... ...... ..... ... t 05 days
Revised Co1ftrtl.ct ~ ;;, worlcing days. . ... .. .. ... . ... . .. . . . . . . . ... ... . . .. . .. . .. . . . .. ..315 days
Original Notice to Proceed date .................................................. 9/14/05
Completion date based OD original contract time......................... 4/12l0~
Revised completion date due to change order(s) ..............._......... 7126/06
Your acceptance of this change order sba1l constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as contained in said
Agreem~t indicated above. as fully as if the same were repeated in this acceptance. The
adjustmc:nt. to this Agreement shall constitute a full and final settlement of any and all claims
arising out o~ or related to. the change set forth herein, including claims for impact and delay
costs. ~
P1opmodby: ~
PaRr'Kwa, PE. ~ectManagcr
Public Utilities Engineering Dept
~ s-,/;J1rJ(
Agenda Item No. 16C1
June 6, 2006
Page 25 of 25
ChaDp Order No. 1
Pege :1.
Accepted by: ~ {~ . Date: :;.",0"
Roger' owen. PI!. Project Manager. AuthOrized Company Officer
Greeley & Hansen LLC
Approwd by:
Roy B. Anderson. PE
Public Utilities Engineering Department
Date:
Approved by:
James W. DeLony. PB
Public Utilities Division Administrator
Date:
\
'\
I
I
Approved as to Fotm and
Legal Sufficiency:
--. ~ ' ''1 ,~,...~
. J d v\A \1>
Assistant County Anomey .
i
---...---------.----
EXECUTIVE SUMMARY
Agenda Item No. 16C2
June 6, 2006
Page 1 of 3
-
Recommendation to approve the purchase of an Aquatech Mobile Catch
Basin and High Velocity Combination Sewer Cleaner from Pat's Pump and
Blower on State Contract 070-700-322 in the Amount of $196,572.80.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board
of the Collier County Water-Sewer District, approve the purchase of an Aquatech Mobile Catch
Basin and High Velocity Combination Sewer Cleaner from Pat's Pump and Blower for the
purpose of maintenance ofthe County's sewer lines.
CONSIDERATIONS:
1. Wastewater Collections currently has three Aquatech units and needs to replace one 11-
year-old vehicle, which has been deferred for replacement for several years. The
replacement of this vehicle is in compliance with a Fleet Management directive. The
truck is reaching an age where it is becoming difficult to obtain parts for repair. A
mobile catch basin and high velocity combination sewer cleaner unit mounted on a truck
chassis would be used to clean sewer lines and laterals for Wastewater Collections
operations and to clean valve risers for the Valve Maintenance Crew.
2. Fleet Management technicians have been trained and are able to perform warranty work
on the Aquatech units which require seals and pumps to be replaced due to heavy use.
-
3. Wastewater Collections currently carries an inventory of parts for three trucks valued at
$15,000, which would not increase if this vehicle were purchased.
4. There are currently eight employees trained on the use of these vehicles and training
requires six months to one year.
5. Wastewater Collections has the manpower to utilize three vehicles. Staff recommends
the purchase of a replacement Aquatech Truck.
6. On May 27, 2003, Agenda Item 16(C)7, the Board approved the standardization of
Aquatech Mobile Catch Basin and High Velocity Combination Sewer Cleaner. Pat's
Pump & Blower is the sole representative for Aquatech in Florida. The purchase will be
made under State Contract #070-700-322.
-
FISCAL IMPACT: The purchase is estimated at $215,072.80 less $18,500.00 for a trade-in
allowance for a total expenditure of $196,572.80 and will be funded from FY06 Wastewater
Collection Budget in County Water/Sewer Fund 408.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
RECOMMENDA TION: That the Board of County Commissioners, Ex-Officio, the
Governing Board of the Collier County Water-Sewer District, approve the purchase of one
Aquatech Sewer Cleaner truck in the total amount of $196,572.80.
PREPARED BY: Renee Finsterwalder, Operations Analyst, Wastewater Department
Agenda Item No. 16C2
June 6, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C2
Meeting Date:
Recommendation to approve the purchase of an Aquatech Mobile Catch Basin and High
Velocity Combination Sewer Cleaner from Pat's Pump and Blower on State Contract 070-
700-322 in the amount of $196,572.80.
6/6/2006 9:00:00 AM
Prepared By
Renee Finsterwalder
Operations Analyst
Date
Public Utilities
Wastewater
5/12/20068:31:58 AM
Approved By
G. George Yilmaz
Interim WasteWater Director
Date
Public Utilities
WasteWater
5/12/200611:41 AM
Approved By
Joseph Bellone
Operations Supervisor
Date
Public Utilities
Public Utilities Operations
5/12/2006 11 :46 AM
Approved By
Stephen L. Nagy
Wastewater Collections Manager
Date
Public Utilities
WasteWater
5/15/20069:29 AM
Approved By
lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
5/19/20067:56 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/22/2006 3:17 PM
Approved By
Bonnie Baer
Contracts Supervisor
Date
Clerk of Courts
Finance
5/23/20069:30 AM
Approved By
Thomas Wi des
Operations Director
Date
Public Utilities
Public Utilities Operations
5/23/2006 10:39 AM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
5/24/2006 2:01 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/20069:18 AM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
~-
EXECUTIVE SUMMARY
Agenda Item No. 16C3
June 6, 2006
Page 1 of 2
Recommendation to award Contract 06-3901 "Loan/Grant Acquisition and Compliance
Services" to Angie Brewer & Associates, LC, as primary, and to Public Utilities
Management & Planning, as secondary, in an estimated annual amount of approximately
$1,000,000.
OBJECTIVE: The public purpose is to procure Loan/Grant Acquisition and Compliance
Services in an efficient and cost-effective manner to the benefit of rate payers. These contracts
will provide staff the accessibility to a stable and reliable source of Loan/Grant Acquisition and
Compliance Services thus enabling a reliable, consistent, and timely source of funding for capital
projects.
CONSIDERATIONS: Request for Proposal (RFP) 06-3901 was publicly advertised on October
2,2005. Notices were sent to fourteen (14) firms with three (3) vendors requesting full packages.
Two (2) responses were received on the due date of November 28, 2005. A Selection Committee
Meeting was held on January 17, 2006. After review, ranking and discussion, by consensus of
the Selection Committee members, the following two (2) firms were recommended for contract
negotiations and subsequent award.
Angie Brewer & Associates, LC, Primary
Public Utility Management and Planning Services, Inc. Secondary
--
FISCAL IMP ACT: The funding for each assignment under the approved contracts will come
from each user Department. It is anticipated that the Operations, Water, and Wastewater
Departments will be the predominant users of this contract. Assignments are to be consistent
with current Budget requirements, as approved by the Board on September 18, 2005 and future
budgets as they are adopted. The anticipated individual assignments are to be consistent with the
2003 Wastewater and Water Master Plan Updates respectively, as adopted by the Board on May
25,2004 and any subsequent Master Plan Updates. Sources of funds are anticipated to be Water
Impact Fees (411), Water User Fees (412), Sewer Impact Fees (413), Sewer User Fees (414), and
the County Water/Sewer Operating Fund (408).
GROWTH MANAGEMENT IMP ACT: While these contracts have no direct growth
management impact, they are consistent with the County's long-term growth plans.
RECOMMENDATION: That the Board of County Commissioners, as ex-officio the governing
board of the Collier County Water-Sewer District, award Loan/Grant Acquisition and
Compliance Services agreements to the two firms listed and authorize the Chairman of the Board
to sign the standard Agreements with each firm subsequent to County Attorney approval.
PREPARED BY: Bala M. Sridhar, Senior Management & Budget Analyst, Public Utilities
-- Operations
Agenda Item No. 16C3
June 6, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C3
Meeting Date:
Recommendation to award Contract 06-3901 Loan/Grant Acquisition and Compliance
Services to Angie Brewer & Associates, LC, as primary, and to Public Utilities Management &
Planning, LC, as secondary, in an estimated annual amount of approximately $1,000,000.
6/6/2006 9:00:00 AM
Prepared By
Bala Sridhar
Senior Management/Budget Analyst
Date
Public Utilities
Public Utilities Operations
5/16/20063:14:26 PM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
5/16120063:23 PM
Approved By
Thomas Wi des
Operations Director
Date
Public Utilities
Public Utilities Operations
5/18/20063:27 PM
Approved By
Kelsey Ward
Senior Purchasing and Contracts Agent
Date
Administrative Services
Purchasing
5/19/20061 :00 PM
Approved By
Gwen Walker
Executive Secretary
Date
Public Utilities
Public Utilities Admin
5/24/2006 1 :44 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
5/24/2006 2:00 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/2006 9:22 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/20064:01 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/20064:15 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/2006 11 :04 AM
Agenda Item No. 16C4
June 6, 2006
Page 1 of 4
_.
EXECUTIVE SUMMARY
Recommendation to award Contract 06-3977 to Vaccaro Consulting, Inc. for" Consulting
Services and Planning Assistance"
OBJECTIVE: The public purpose is to procure a qualified consultant with extensive experience
in software acquisition processes for water, wastewater, irrigation quality water, and solid waste
software applications. This contract will provide staff accessibility to a level of expertise in the
procurement of utility software applications not available from in-house staff.
CONSIDERATIONS: Request for Proposal (RFP) 06-3977 was advertised via posting on
March 29, 2006. In addition, notices were sent to 45 firms and 63 vendors requested full
packages. One (1) response was received by the due date of April 28, 2006. A Selection
Committee Meeting was held on May 1], 2006. The selection committee, after review and
discussion, by consensus, recommended Vacarro Consulting, Inc. for contract negotiations and
subsequent award.
This contract will provide a vehicle to secure qualified utility software consulting services for the
Public Utilities Division (PUD) in a timely manner using a proposal and purchase order for each
need of the consultant's services. Proposals in excess of $100,000.00 will be brought before the
,-.. Board for approval prior to the issuance of a purchase order. The consulting services to be
acquired in this award are:
1. flow process analyses,
2. software system design,
3. preparation of software bid document specifications,
4. evaluations of existing and anticipated software systems,
5. contract negotiations with software vendors,
6. software implementation assistance (planning and testing), and
7. general software system acquisition management assistance.
In the next few months, the PUD will be pursuing the acquisition of several software systems
and modifications to existing softw;1re systems that are funded in the PUD's capital program (for
example: IVR software system, Code Enforcement/Solid Waste Work Order software system,
Solid Waste Landfill Accounting software system, and updates/modifications to the Water and
Wastewater Billing System software). We need competent consulting services to assist in the
design, procurement, analysis, testing and modification/implementation of these software
systems for water, wastewater, Irrigation Quality water, and solid waste. This type of expertise
and the time required to assist with these projects cannot be provided by in-house staff.
-
FISCAL IMPACT: Sources of funds are anticipated to be Water Impact Fees (411), Water User
Fees (412), Sewer Impact Fees (413), Sewer User Fees (414), Solid Waste Funds (470, 473 and
474), and the County Water-Sewer District Operating Fund (408)].
Agenda Item No. 16C4
June 6, 2006
Page 2 of 4
GROWTH MANAGEMENT IMP ACT: This contract has no direct growth management
impact.
RECOMMENDATION: That the Board of County Commissioners award a contract to Vacarro
Consulting, Inc. and authorize the Chairman of the Board to sign a standard contract subsequent
to the County Attorney's approval.
PREPARED BY: Teresa Riesen, Revenue Manager, UBCS
_t"-"".
Agenda Item No. 16C4
June 6. 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C4
Recommendation to award Contract 06-3977 to Vaccaro Consulting, Inc. for "Consulting
Services and Planning Assistance".
Meeting Date:
6/6/2006 9:00:00 AM
Prepared By
Teresa Riesen
Revenue Manager
Date
Public Utilities
UBCS
5/18/200610:55:44 AM
Approved By
Mary Jo Thurston
Revenue Manager
Date
Public Utilities
UBCS
5/18/20063:50 PM
Approved By
Teresa Riesen
Revenue Manager
Date
Public Utilities
UBCS
5/18/20064:16 PM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
UBCS
5/18/20064:25 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
5/22/2006 3:49 PM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
5/24/20062:37 PM
Approved By
Kelsey Ward
Senior Purchasing and Contracts Agent
Date
Administrative Services
Purchasing
5/24/20063:02 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
5/24/20063:06 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/20069:21 AM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 9:34 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
Agenda Item No. 16C4
June 6, 2006
Page 4 of 4
County Manager's Office
Office of Management & Budget
5/25/2006 3:39 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/20063:56 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/200611:12 AM
Agenda Item No. 16D1
June 6, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve a Limited Use License Agreement between
the Board of County Commissioners and the Naples Junior Chamber of
Commerce, Inc., approving use of specified county-owned property for
conducting a July 4th Fireworks Festival
Obiective: To provide a means for the Collier County community to recognize and
celebrate the nation's independence through a community Fourth of July festival.
Considerations: The Naples Junior Chamber of Commerce, Inc. (Jaycees) has
partnered with the County to provide a free Fourth of July event for the community for
the last seven years. Through this agreement, the County will provide a $25,000
contribution that will be used to support the event and will be paid, as is standard
practice, through a reimbursement method. The event as proposed this year will again be
a family-oriented festival with musical entertainment, food vendors, and fireworks at
dusk.
-
The agreement requires that the Jaycees provide appropriate levels of law enforcement
personnel, Fire Department and Emergency Medical Services presence, and specific
insurance coverage for the event as prescribed by the County's Risk Management Office.
The agreement has been negotiated through the Parks and Recreation Department and has
been reviewed and approved by the County Attorney's Office for legal sufficiency.
The rental fee for the use of Sugden Park, based on the Parks and Recreation Outdoor
Area License and Fee Policy, is $800 for the one-day event. The Agreement provides for
the acceptance of in-kind payment in the form of advertising of a value equal to or greater
than the rental fee. Specifically, Collier County will be recognized as a co-sponsor of the
event in all promotional efforts.
Growth Manaaement Impact: There IS no growth management plan impact
associated with this event.
Fiscal Impact: The cost of this agreement will be $25',000, funds for which have been
included as part of the FY 2006 budget within the Parks and Recreation Department.
Recommendation: That the Board of County Commissioners authorize the Chairman
to execute the attached Limited Use License Agreement between Collier County and the
Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of July Festival at
Sugden Regional Park.
Prepared Bv: Amanda O. Townsend, Operations Analyst, Parks and Recreation
----
Agenda Item No. 16D1
June 6, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D1
Meeting Date:
Recommendation to approve a Limited Use License Agreement between the Board of
County Commissioners and the Naples Junior Chamber of Commerce, Inc.. approving use of
specified county-owned property for conducting a July 4th Fireworks Festival.
6/6/2006 9:00:00 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
5/24/20063:24 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/2006 9:24 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/26/20068:33 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/26/2006 1 :25 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/2006 1 :36 PM
"..-.
Agenda Item No. 1601
June 6,2006
Page 3 of 6
LIMITED USE LICENSE AGREEMENT
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR
CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA
CORPORATION, APPROVING USE OF SPECIFIED COUNTY-
OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS
FESTIVAL.
This is entered into this day of , 2006 by and between the
Board of County Commissioners, Collier County, Florida, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and
Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida
corporation, whose mailing address is Post Office Box 10416, Naples, Florida 34101,
hereinafter referred to as "Organization".
WHEREAS, the Organization requests the use of County-owned land for the
purpose of holding activities for conducting a Naples Jaycees July 4th Festival and
Fireworks Display to be held on July 4, 2006.
WHEREAS, the Board is willing to approve the use of County-owned land for
such purposes as are specified herein:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Board hereby approves the use of a portion of County-owned property identified
as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part
hereof, hereinafter referred to as the "Property" for the purpose of holding activities
for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby
grants the Organization the right to photograph, record, televise, broadcast,
distribute, exhibit, advertise and promote the Event. The Board has rights to use
pictures for promotion of this program. Use of the Property by the Organization shall
be from July 3rd through July 5th. The park will remain open to the public during
these times. The day of the event only pedestrian public traffic will be allowed to
enter the park
2. The organization shall be responsible for all on and off-site Event operations and
revenue as well as the administration of all revenue derived from the Event. The
Organization shall have the sole right and responsibility with respect to the granting
of concessions (such as food, beverages, programs), sponsorship and
merchandising rights and the revenue therefrom subject to approval of the Public
Services Administrator.
3. The Organization shall monitor, control and assume responsibility for all activities,
vendors, licensees, and invitees associated with holding of the Event, such
responsibility not being limited to trash collection and clean-up of the Property.
Repair of damaged areas will be at the expense of the Organization. Board shall not
be obligated or required to improve, repair, or maintain the Property or any part
thereof in any manner whatsoever.
4. The Organization shall acquire all permits required by Collier County and any other
governmental entity to conduct such an event and related activities on the Property.
The Organization shall ensure clean up of the Property by close of business on July
5th.
5. Prior to making any changes, alterations, additions or improvements to the Property,
the organization shall provide to the Parks and Recreation Department, in writing, all
proposals and plans for alterations, improvements, changes or additions to the
Property. The Organization covenants and agrees in connection with any
maintenance, repair work, erection, construction, improvement, addition or alteration
of any authorized modifications, additions or improvements to the Property, to
observe and comply with all present and future laws, ordinances, rules, regulations,
Agenda Item NO.1 01
June 6, 2 06
Page 4 f 6
and requirements of the United States of America, State of Florida, County of Collier,
and any and all governmental agencies. All permanent alterations, improvements,
and additions to the Property shall, at once, when made or installed, be deemed as
attached to the freehold and to have become the property of Collier County and shall
remain for the benefit of the County at the end of the term set forth in this agreement
in as good order and condition as they were when installed, reasonable wear and
tear excepted; provided, however, if Board so directs, the Organization shall
promptly remove all portable and non-permanent additions, improvements,
alterations, fixtures and installations which were placed in, on, or upon the Property
on behalf of the Organization, and repair any damage caused to the Property by
such removal.
6. Organization agrees that the Event will be managed in such a way as to comply with
all other Collier County ordinances, codes and Parks and Recreation Department
policies. In particular, the event noise, except the fireworks themselves, will be
managed to limit any sound amplification to meet the Collier County Noise
Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic
beverages within the park boundaries. There shall be no on-site sales and
promotion of any tobacco product within the park boundaries.
7. Organization agrees to:
A. Provide on or before April 30th to the Parks and Recreation Department and
appropriate Development Services staff an application for a special events
permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc.) will
be included within the special events permit application package.
B. Meet on the Property on or before June 4, 2006 with representatives from the
Collier County Parks and Recreation Department, the East Naples Fire Control
District, the Collier County Sheriffs Department and Collier County EMS. The
Organization will have or will have provided in advance of the meeting:
1. Fire Retardant Certificates and safety inspection for all tents to the East
Naples Fire Department;
2. A copy of the certificates of all insurance required by this agreement,
3. A security, parking and pedestrian crossing plan agreed to in writing by the
Collier County Sheriff's Department,
4. Written confirmation for on and required off-site fire protection from the East
Naples Fire District and/or other authorized County Fire Districts,
5. Written confirmation for on-site Emergency Medical Services from the Collier
County EMS Department, and
6. A copy of the organization's .Chairman,s Planning Guide".
C. Collier County reserves the right to add additional entertainment. Any
entertainment will be discussed In advance with the JC's prior to event.
8. Organization agrees to manage the Event as outlined within the Chairman's
Planning Guide prepared by Organization. Such plans shall be made a part of this
Agreement. Revisions to the Chairman's planning Guide after the meeting of June
4,2006 referenced in paragraph seven (7-B) will require the review and approval of
the Public Services Administrator. Should inclement weather require cancellation of
the event on July 4th, such a decision will be made in conjunction with the
Organization and the Public Services Administrator as agreed to by the Organization
and the Public Services Administrator, July 5,2006. All subsequent dates of this
agreement will be adjusted accordingly.
9. The Organization agrees that all persons involved with the handling of fireworks will
be qualified personnel and all persons involved with the igniting of fireworks will be
licensed pyro-technicians. In addition the Organization agrees that a professionally
produced fireworks show with a minimum value of $25,000 will be provided.
10. Organization shall indemnify, defend and hold harmless Board, its agents and
employees from and against any and all liability (statutory or otherwise), damages,
2
Agenda Item NO.1 01
June 6, 2 06
Page 5 f 6
claims, suits, demands, judgments, costs, interest and expenses (including, but not
limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any person or persons or
damage to property (including loss of use thereof) related to (A) Organization's use
of the Property, (B) any work or thing whatsoever done or any condition created
(other than solely by Board, its employees, agents or contractors) by or on behalf of
Organization in, about, on or with the Property, (C) any condition of the Property due
to or resulting from any default by Organization in the performance of Organization's
obligations under this Agreement, and (D) any act, omission or negligence of
Organization, its agents, contractors, employees, subtenants, licensees or invitees.
In case any action or proceeding is brought against any of the above by reason of
anyone or more thereof, Organization shall pay all costs, attorneys' fees, expenses
and liabilities resulting therefrom and shall defend such action or proceeding if Board
shall so request, at Organization's expense, by counsel reasonably satisfactory to
Board, except where such damage or injury is the result of the gross negligence or
willful misconduct of the Board or its employees
11. The Organization accepts the property "as is." The Board shall not be liable for any
injury or damage to any person or property caused by the elements or by other
persons on the Property, or from the street or sub-surface, or from any other place,
or for any interference caused by operations by or for a governmental authority.
12. The Board shall not be liable for any loss of property, including loss due to petty theft
of any property occurring on the Property or any part thereof. The Organization
agrees to hold the Board harmless from any claims for damages, except where such
damage or injury is the result of the gross negligence or willful misconduct of the
Board or its employees.
13. (a) Organization shall provide and maintain special event general liability and
property liability insurance policy(ies), approved by the Collier County Risk
Management Department for not less than One Million Dollars and No/Cents
($1,000,000) combined single limits during the term of this Agreement.
(b) Collier County shall be listed as additional insured on the commercial general
liability policy. Evidence of such insurance shall be provided to the Collier County
Risk Management Department, 3301 East Tamiami Trail, Administration Building,
Naples, Florida, 34112, for approval prior to the commencement of this Agreement;
and shall include a provision requiring ten (10) days prior written notice to Collier
County c/o County Risk Management Department in the event of cancellation or
changes in policy(ies) coverage. Board reserves the right to reasonably amend the
insurance requirements by issuance of notice in writing to Organization. Upon
receipt of such notice, Organization shall have ten (10) days in which to obtain such
additional insurance.
14. This Limited Use License Agreement shall be administered on behalf of the Board by
and through the Collier County Parks and Recreation Department.
15. It is the responsibility of the Organization to properly notify the general public of
closed roads and designated parking areas. In particular notification shall be
provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue,
Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and
Poplar Way. The Organization shall ensure that the park and all park facilities
remain open and accessible to the public.
16. This Agreement is not assignable. Any attempt to assign shall be void ab initio.
17. The Rental Rate for the festival is $800. The Board of County Commissioners will
accept in-kind services a payment for the rental rate in the form of advertising of a
value equal to or greater than the rental rate. Specifically, "Collier County" or the
Collier County Logo is to appear on all printed promotional materials related to the
event, and Collier County is in all instances to be recognized as a co-sponsor of the
event
3
Agenda Item No. 16D1
June 6, 2006
Page 6 of 6
18. This Agreement represents a bare license for the Organization's use of the property
and does not convey any estate in the Property or create any interest therein
whatsoever.
19. The Organization represents and warrants to the Board that no hazardous materials
will be discharged to the air, grounds, sewer, or to any septic system on the
Property except fireworks are planned to be discharged in the air and on the ground
according to plan.
20. The Organization shall be responsible for paying all taxes and charges associated
with or resulting from the holding of this Event.
21. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars
($25,000) for the Festival. The funding is to be used for pennit fees, park fees,
entertainment fees, sheriffs department fees, carnival fees and/or fireworks fees.
Funds will be paid on a reimbursement basis upon the submission of copies of paid
invoices. All invoices will be signed by the President or Treasurer of the Naples
Junior Chamber of Commerce attesting that the goods are services indicated by the
invoice were received.
22. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use
License Agreement as of the day and year first above written.
AS TO THE ORGANIZATION:
NAPLES JUNIOR CHAMBER OF COM
INC.
Bob Washbum, President
By:
\
~ss (signature)
0skVt ~ tt~
~tame) Ob. '
t~ ~
Witness (signat e)
C ~ris ~Hl Co-.. ~ lLut j 0. ()
(print name)
ATTEST:
AS TO THE COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk of Courts
By:
By:
Deputy Clerk
Frank Halas, Chairman
Approved as to form
a~~~
Ro ert cha, .
Assistant County Attorney
4
Agenda Item No. 1602
June 6, 2006
Page 1 of 4
-
EXECUTIVE SUMMARY
Recommendation to waive the formal competitive bid process and
authorize purchase of outdoor pool deck furniture from Contract
Furnishings International, Inc. in the amount of $85,616
Obiective: To furnish the pool decks at Sun-N-Fun Lagoon in a timely and cost-
effective manner.
Considerations: North Collier Regional Park's Sun-N-Fun Lagoon has a bathing
capacity of 1100 and a total capacity (bathing and deck) for 1433 persons. Seven hundred
chaise lounges and three hundred dining chairs are needed for park goers to use on the
deck.
Outdoor pool deck furniture is not available for purchase under state contract. Staff
provided site plans and specifications to three vendors listed in the World Waterpark
Association Buyers Guide. Quotations were received as follows:
Contract Furnishings International, Inc.
Winward Design Group
TropicCraft
$85,616
$85,628
declined to quote
_.c
Staff is asking the Board to waive the competitive bid process and authorize purchase of
outdoor pool deck furniture from Contract Furnishings International, Inc. as the lowest,
qualified vendor to meet the required time frame.
Fiscal Impact: Funds are available in the North Collier Regional Park project (80060).
Source of funds is Regional Park Impact Fees.
Growth Manaaement Impact: North Collier Regional Park is inventoried in the
Growth Management Plan.
Recommendation: That the Board of County Commissioners waives the formal
competitive bid process and authorizes purchase of outdoor pool deck furniture from
Contract Furnishings International, Inc. in the amount of $85,616.
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
-
Agenda Item No. 16D2
June 6, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D2
Meeting Date:
Recommendation to waive the formal competitive bid process and authorize purchase of
outdoor pool deck furniture from Contract Furnishings International, Inc. in the amount of
$85,616.
6/6/20069:00:00 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
5/26/2006 11 :02 AM
Approved By
Barry Williams
Human Services Director
Date
Public Services
Human Services
5/26/2006 11 :20 AM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
5/30/20065:14 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/31/20069:16 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/31/200612:55 PM
Agenda Item No. 16D2
June 6, 2006
Contract Furnishings International, Inc.
P.O. Box 11469
Bradenton. Fl 34282-1469
Phone (94 I) 359-6900
Fax (941)359-6935
www.contract-furoisbings.com
Ship To
S" ),;~': :::0 ::iQ~' ~:,: ">:G'''";~'
". 'a'e"~(f' """u"''"n' '""
'. "a;"e""""'-"'u::r
,: ':,': ...' _~;;_:,':,.-:c;"'"~:':,1r;({:~~~':,;_~;':':~;~~';,., :::.'-" ;'~;';':'~~": r::~-'-,";:_~i:,-~,~;;';:',;i.~
Date S.D. No.
5/2512006
8511
Name I Address
'I
Collier County Parks & Recreation
Attn: Bradie Allen
3300 Santa Barbara Blvd.
Naples, FL 34116
I 239-353-7128x-31O Ph 239-353-1002 Fx
~,
"'\
I North Naples Regional Park
.../ '-
)
C Terms
L=i:.~wn - SO"~ Net 30
,--------
, Item
Sl-Premium
I OE I Sales Rep I
I Joe .___..J_._...~oe _.._.j
~ - ~t-~OOTI
( )
, I
!
Cosl PO # 1 Ship YIa
Factory Trock:
-- --- --~
Desaiplion
Our Prrmium-grade "truly" comrnereial-quality pool furniture is made of
highly tempered Drawn aluminum frames. which are about twice as strong
as any other product we know o( Our modem specificabons. safety
features, quality and service are the finest in the industIy. This furniture is
made in a 100,000 sq. ft. State-of-the-Art fuctory in Samsota, whicb )OU
are welcome to tour by appointment
Est Ship Date
4-6 wb ·
The factory can for sure make 1/2 of this order or more in 4 weeks. For
sure, we can do 500/0 + in 4 weeks, and the balance within 2 weeks
I thereafter.
SI-c222S
Chaise Lounge - 13" High - Stackable - AImless - I" Round (Drawn) Tube 700 98.33
1- With (4) 1/4" thick Welded Aluminum Skids. Note: Also available with
(8) 3/4" thick Nylon Skids,. same price.
Dining Chair - Stackable - With 1" Round (Drawn) Tube Anns, Legs and 300 53.95
Frame - With Low Back Brace and Under Seat Brace
68,831.00
S l-CSOO
16,185.00
SUBTOTAL:
85,016.00
??oo
SHIPPING CHARGE - (2) 44' Trucks and (1) 20' Truck, delivered in 2
loads.
, 600.00
600.00
I Please provide copy of Sales Tax Exemption.
DIIInty Instrudlons: Canslg_ (C~ II 1'eIfIOl.... far cIIIcIdng IIlIIIrcMlldiIe far." vlsuII or canc:uIlId damage IIIfln 1CCIpIIng. VIsual damage II to be
noted on thedellnry -'PI In.... prtarto elgnlng forKClpl.Q. On ddellvwJ........1Idd "SubjecttD ........,..1Ilon yourllgrtatln. Claims far visual
damage IftdIor COIlCIIIecl damagt muat be tied. br cdIng the canier phone IU1lber naIM on lie ......, l'ICIIpt, wIIIIln . houra of -'PI of product. Claims filed
IIIlIr thMl.Q holn wll notbellonaNd carrier. '110M .... . II ConIrIct . M1-35M1l1O. .... till CII'riIr.
I~~_ Subtolal $.:,616.00 I
If you wish to proceed, please sign, date and fax to: SIT (0 Oo/c)
941-359-6935. Please send your check to the above Address a as ax . 0 $0.00 I
or call us to pay by Credit Card.
Total
$85,616.00
Authorized Signature
Date
Windward Design Group
Agenda Item P:f(!1Dosal
June 6, 2~6
Page 4 of 4
.. Commerce Blvd North
b~. _sota, FL 34243
(941 )359-0890
Proposal #
Customer
Date
000074
269
05/0212006
Part Number
Unit Meas
Ship To:
Sun-N-Fun Lagoon
Collier Co. Parks & Rec
Attn: Brodie Allen
3300 Santa Barbara Blvd
i:,11tN~Ples,<FL 34116:~ .s;)"~i:t!jJ..d-<"'C~~..~
Ship Via
/"'r~ 1 - Hale, Greg
Ordr Qty (p~tce5"(' 3 7.3-A~Jun
Bill To:
Accommodation Orders Only
~~~J3'1-=:63-7/;;t8 &~39-.3S3-/dO~
Cust P.O. # Terms F.O..B.
5O%Dep/BalCBD Sarasota
Cust Part #
Date Req'd
NOTE: EA I I 1
SPECIAL INSTRUCTIONS
~. STI SU TPI FA!
.:S1fL.,...{ . .Pbwcler-coated aluminum frames on all table bases, chairs & chaises.
~. . j /';.~ ~ \::{ame color to be selected.
. '.17 ~ Straps are virgin vinyl, double-wrapped on each chair & chaise.
. q;x~ "- ....j Vinyl strap color to be selected.
,FU EA II ~ ~ 1
42" Rd Fiberglass Umbrella Dining Table 11". ~
F~BD STI SU TP~BD FA! ~
0.00
0.00
114.56
114.56
1003-14.5"
EA II
42" Rd Acrylic Umbrella Dining Table
F~BD STI SU TP/ACRY FA!
EA II
48" Rd Fiberglass Umbrella Dining Table
F~BD STI SU TPnBD FA!
EA II
48" Rd Acryiic Umbrella Dining Table
F~BD STI SU TP/ACRY FA!
EA II
Stacking Dining Chair-Country Club Strap
F~D ST~BD SU TPI FA!
EA 1/
Chaise Lounge-14.5" HIgh
F~BD ST~BD SU TPI FA!
1
144.08
144.08
4203AU
4803FU
1
127.21
127.21
4803AU
1
165.27
165.27
5003
~
~
300
56.41
16,923.00
700
96.15
67,305.00
FREIGHT
I I
1
1,400.00
1,400.00
Freight Charge
FRI STI SU TPI FA!
WDG Company Trucks
~.. l' J~KlfJJ.U tl ---d-U-.- p-. .M~-:t:iLe.....'"' . ...-;m ~.;:..!t~
6J<Ztl. .t.t(p.,-o/-~ .' :.c..v~ ~ . ~ ~ ~ . . ..~ . I ~:" '"
.~. ~ <3-L'~ .~.~, "-:(~ .J!.d-./I1W... ~ mZ.
~ ~<<A ~ ~.P~~~, ~~~A~
Agenda Item No. 16E 1
June 6, 2006
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve Phase I and Phase II of Work Order #SCD-FT -3850-
06-01, issued to Spillis Candela DMJM (Architects), in the amount of $368,730.00,
for the design and construction management of the Naples "Jail Improvement
Plan" project.
OBJECTIVE: To obtain approval of the Collier County Board of County Commissioners for
Phase I and II of Work Order #SCD-FT-3850-06-01 for the design and construction
management of the Naples Jail Improvement Plan. Phase I will be started in FY '06 and Phase
II will start in FY '07 pending additional funding.
CONSIDERATION: As part of the FY06 Budget Submissions, the Department of Facilities
Management submitted a plan to have repairs done in the Naples Jail Center which included
replacing the StuccolWindows as well as all remaining old underground plumbing. Additionally,
other repairs will need to be completed over the next two years. The type of repairs
necessitates the hiring of an architectural firm to produce construction and permit documents.
Staff is recommending that the County's government complex design team (Spill is Candella
DMJM), already under contract for these types of items, be assigned the task of producing the
construction documents under a two phase program. Phase One will be for the stucco I window
repair and the underground water and sewer replacement. This phase would be completed
immediately so that the actual construction (replacements) could start as soon as the current
contractor is finished with their work in the jail. The second phase for the design is for security
and life safety component replacement. For security reasons, specific details of phase two of
the design are being left out of this summary; they are on file with the Facilities Management
Department and the Sheriff's Office.
Phase One
Phase Two
Stuccol Window, Water and Sewer FY 05-06
Life Safety I Security Components FY 06-07
$309,710
$ 59,020
Phase Two of the design will start in FY 06-07 pending funding. Once Phase One of the design
is completed, the work will be bid out to general contractors in accordance with the County's
Purchasing Policy.
FISCAL IMPACT: The design of this project will be funded in phases. Phase I was anticipated
and planned for FY '06. Funds are available in Fund 301-120402-53172, 52008. Phase II is
scheduled for FY '07 pending Board approval.
GROWTH MANAGEMENT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves Phase I and Phase
II of Work Order #SCD-FT-06-01 as outlined within this summary.
PREPARED BY: Bob Pierce, Department of Facilities Management, Project Manager
,,,-.....
.,._~,,,.
Agenda Item No. 16E1
June 6, 2006
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E1
Recommendation to approve Phase I and Phase II of Work Order #SCD-FT -3850-06-01,
issued to Spillis Candela DMJM (Architects), in the amount of $368,730.00, for the design
and construction management of the Naples Jail Improvement Plan project.
Meeting Date:
6/6/20069:00:00 AM
Approved By
Linda Best
Contracts Agent
Date
Administrative Services
Purchasing
5/19/2006 11 :46 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/22/20063:19 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
5/22/2006 6:08 PM
Approved By
Damon Gonzales
Interim Facilities Manager
Date
Administrative Services
Facilities Management
5/23/200610:06 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
5/23/2006 10:55 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/23/2006 1 :20 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25/2006 5:07 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25/2006 5:45 PM
SCHEDULE ~
WORK ORDER FORM
Work Order Number: SCD.FT -3850..o6~1, Jail ImDrovement Plan
Phases I and II
This Work Order. dated April 21, 2006 is hereby issued pLJrsuant to that certain
Fixed Term Contract for Professional Services ("Agreement';), dated July 26, 2005,
between Collier County, Florida ("OWNER") and Spillis Candel.la DMJM
("CONSULTANT"),
All terms used herein shall have the same meaning as defined in the Agreement
unless otherwise noted herein. In consideration of the mutual covenants and
agreements set forth below, OWNER and CONSULTANT agree as follows:
ARTICLE 1
SCOPE OF SERVICES
Owner hereby authorizes CONSULTANT to providelhe following Services for the
foJ/owing Project:
1.1 See attached Scope pf Services (Exhibit A). Phase I to commence
UDon receipt of Notice to Proceed. Phase II to commence u{)on completion of
Phase I and pendin~ approval of Board of Countv' Commissioners.
1.2 In -addition, CONSULTANT acknowledges that OWNER may contract with
a cOTlstruction manager or contractor whot if retained, shall be responSible for any
construction identified in this Work Order (hereinafter referred to as "CONTRACTOR").
If CONTRACTOR is retained, CONSULTANT agrees-to cooperate with CONTRACTOR
Fixed Ttmn PSA A-1
Agenda Item No. 16E1
June 6, 2006
Page 4 of 14
Notwithstanding any other provision of this Agreement, the CONSULT .ANT and subconsultants
shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure
of persons to hazardous materials In any form at the project sHe, Including but not limited to
asbestos, asbestos products, mold. polychlDrinated biphenyl (PCB) or other toxic substances.
Notwithstanding anything in this Agreement, CONSULTANT shall not have control Dr charge of
and shall not be responsible for construction means, methods, techniques. sequences or
procedures, or for safety measures, precautions and programs including enforcement of Federal
and State safety requirements, in connection with construction work performed by OWNER'S
construction contractors ."
ADDITIONAL SERVICES:
Tne services described below are not Included In Basic Services unless so identified previously
in this work order, and they shall be paid for by the OWNER as provid.ed in this agreement, in
addition to the compensation for Basic Services. The services provided below shall only be
provided if authorized in writing by the OWNER.
. CONSULTANT shall update the campus Master Plan drawings to reflect the current as built
condition related to the overall Master Plan goals,
. CONSULTANT will be required to further develop and update the cost estimate as part of
the Design Development Documents and bring 10 OWNER'S attention in writing any
variances between that updated cost estimate and OWNER'S approved Project
construction budget. Cost estimate format shall be subject to OWNER'S approval and may
require electronic submission of cost estimate information, If CONSULTANTS updated
cost estimate or any other estimate prepared by or for OWNER based upon the Design
Development Documents indicate that construction costs will exceed OWNER'S approved
Project construction budget, OWNER may elect to modify Its budget and/or require
CONSULTANT to revise the Design Development Doouments to bring them within
OWNER'S approved Project construction budget. For cost changes associated with design
changes within the architects control CONSULTANT shall be solely responsible for all costs
and expenses which it may incur in revising the Design Development Documents to bring
them within OWNER'S approved Project construction budget. Since CONSULTANT has no
control over local oonditions, the cost of labor, materials, equipment or services furnished by
others, or over competitive bidding or market conditions, CONSULT ANT does not
guarantee the accuracy of any opinions of probable construction costas compared to
construction contractor's bids or the actual cost to the OWN ER,
. CONSULTANT will be required to further develop and update Its cost estimate as part of the
Construction Documents, and notify OWNER in wrltil1g of any variances between that
updated cost estimate and OWNER'S approved Project construction budget. If
CONSULTANT'S updated budget estimate or any other estimate prepared by or for
OWNER based upon the Construction Documents Indicate that construction costs will
exceed OWNER'S approved Project com;truction budget, OWNER may elect to modify its
budget and/or require CONSULTANT to revise. the Construction Documents to bring them
Within OWNER'S approved Project construction budget. For cost changes assocIated With
design CONSULTANT shall be solely responsible for all costs and expenses which It may
incur 1n revising the Construction Documents to bring them within OWNER'S approved
Project construction budget. Since CONSULTANT has no control over local conditions, the
cost of labor, materials. equipment or services furnished by others, or over competitive
COLLlc.R COUNTY GOVERNMENT CENTE:R
JAIL RENOVATIONS
10
Agenda Item No. 16E1
June 6, 2006
Page 5 of 14
bidding or market conditions, CONSULTANT does not guarantee the accuracy of any
opinions of probable construction cost as compared to construction contractor's bids or the
actual cost to the OWNER.
· Assist OWNER and Contractor in the training of the facility operation and maintenance
personnel with respect to the proper operations, schedules, procedures and Inventory
controls for the various Project equipment and systems. Such assistance shall include
assisting OWNER in arranging for and coordinating the instruction and training on
operations and maintenance ot the Project's equipment and systems in conjunction with the
various manufacturer representatives. Further. CONSULTANT is to attend all such training
sessions, unless otherwise consented to by OWNER in writing.
· Schedule via OWNER and visit with OWNER and Contractor the facility at initial occupancy
and at six (6) and eleven (11) months after issuance of the Certificate of Substantial
Completion. During each facility visit, CONSULTANT shall obselVe, troubleshoot and
advise in ti,e operation of building systems. This shall not relieve CONSULTANT of its
obligation to make other visits to the faCility based on need should specific issues arise.
· Submit a facility and equipment review schedule to OWNER at the time of Substantial
CDmpletion. Perform reviews of facilities and equipment prior to expiration of warranty
period(s) to ascertain adequacy of performanco, materials, systems and equipment. Submit
a written report to OWNER
· If more extensive representation at the site than is described is required, the architect shall
provide one or more project representatives to assist in carrying out such additional on-site
responsibilities.
· Making reVisions In Drawings, Specifications of other documents when such revision a.re:
a. inconsistent with approvals or instructions previoLlsly given by the Owner,
Including revisions made necessary by adjustments in the Owner's
program or Project Budget
b. required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents; or
C. due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
· Provrding services required because of significant changes in the Project including, but no!
limited to, size, quality. complexity. the Owner's schedule, or the method of bidding or
negotiating and contracting for construction,
· Providing consultation concerning replacement of Work damaged by tire or other cause
during construction, and furnishing services required in connection with the replacement of
such Work.
· Providing services made necessary by tl10 default of the Contractor, by major defects or
deficiencies in the Work of the Contractor or by failure Df performance of either the Owner
or Contractor under the Contract for Construction.
COLLIER COUNTY GOVEANMENi CE;NTIOR
JAIL REN OV A TIONS
11
Agenda Item No. 16E1
June 6,2006
Page 6 of 14
. Providing documents in connection with public hearing, arbitration proceeding or legal
proceeding except where the Architectls party thereto.
. Providing analyses of the Owner's needs and programming tI1erequlrements of theProje.ct.
. Providing financial feaslbillty or other special studies;
. Providing special surveys, environmental studies andsubmlssions requlred forappl"ovals of
governmental authorIties or others having jurisdiction over the project.
. Providing selVlces to make measured drawings of existing facUities.
. Providing coordination of construction performed by separate contractors or by the Owner's
own forces and coordination of services required In connection with construction performed
and equipment supplled by the Owner,
. Provlding detailed estImates of Construction Cost or detailed quantity surveys or inventories
ot material, equipment and labor.
. Providing analyses of owning and operating costs.
. Providing Interior design and other similar services requi red for or In connection with the
selection, procurement or installation or furniture/furnisnings and related equipment.
. Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing; preparation of operation and maintenance manuals. training personnel for
operation and maIntenance. and consultation during operation.
. Providing servibesafter issuance to the Owner of the final Certitrcate for Payment, or In the
absence of a final Certificate for Payment, more than 60 days after the date of Substantial
Completion of the Work.
. Providing services Qf consultants for other than architectural, structural, mechanical and
electrical engineering portions ofthe Project provided as part of Basic Services.
. Providlng any otHer services not otherwise Includedfn this Agreement or not customarily
furnished in accordance with generally accepted architectural practice.
COLUER COUNTY GOVERNMENT CENTER
JAIL RENOVATIONS
12
--
~, ,,,.,-
Agenda Item No. 16E1
June 6, 2006
Page 7 of 14
EXHIBIT B
PROJECT MilESTONE SCHEDUL.E
PHASE I
Task 1
a. Permitting - estimated at 16 weeks
b. Bidding/Construction Administration - estimated at 52 weeks
Task 2
a. Schematic Design/Design Development - 6 weeks
b_ Owner Review - 1 week
C. Construction Documents - 8 weeks
d. Owner Review - 1 week
e. Permitting - Estimated at 16 weeks
f. Bidding/Construction Administration - estimated @ 24 weeks
g. Record Drawings - 2 weeks
PHASE J~
Task,3a
a. Assessment/data gathering - 2 days on site, 1 week total
b. Draft Report - 1 week
c, Presentation - 1 day on site, 1 week total
d. Final Report -1 week
Task 3b
a. AssessmenVdatagathering - 3 days on site
b. Draft report -1 week
c. Final report - 1 week
TASK 4
a. Site visit/meeting with Fire Department Officials - 2
b. Draft report - 1 week
c. Presentation/owner review - 1 week
d. Final report - 1 week
COLLIEA COUNTY GOVERNMENT CENTER
JAIL RENOVATIONS
13
Agenda Item No. 16E1
June 6, 2006
Page 8 of 14
SCHEDU LE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
8.2.1. For the Ba.sic Services. provided for in th[s Agreement, OWNER agrees to make
lump sum payments to OONSULT ANT in accordance with percentage completIon per
phase, with the terms stated below. Payments will .be made monthly Inagcordance with
the folloWing Schedule of values.
PHASE I
TASK 1
ITEM
1.
2.
TASK 2
ITEM
1.
2.
I 3.
r4.
5.
LUMP SUM FEE FOR:
Biddin /Construction Administration
E enses
Phase 1- Total Fee
FEE
$ 74,600.00
$ 4,360.00
$ 78,960.00
FEE
S 68,360.00
$ 88,360.00
$ 61,680.00
$ 5 BOO.OO
$ 6,550.00
COLLIEfl COUNTVGOVEiRNMENT CENTER
JAIL FlENOVA.TIONS .
14
PHaSE II
TASK 3
TASK 4
ITEM
1.
2.
3.
4.
ITEM ---.
1.
2.
lI~s~ 2- Total Fee
LUMP SUM FEE FOR:
Task 3a - Ra ort
j Task $a - Ex enses
Task 3b - Rs ort
Task 3b - E enses
Task 3 - Total Fee
PHASE I
TOTAL. TASK 1 & 2
I ITEM
1.
2,
LUMP SUM FEE FOR:
Task 1w Stucco & Window Re lacement
i Task 2- Under round Plumbfn & HVAC Re lacement
1 Phase I - Total Fee
PHASE II
TOTAl- TASK 3 & 4
ITEM
1.
2.
LUMP SUM FEE FOR:
Task 3- Electronic Securl & Remote Erne
Task 4- Fire Alarm S stem Assessment
Phase II - Total Fee
COLLI~R COUNTY GOVERNM~NT CENTER
JAILREiNOVATIONS
Agenda Item No. 16E1
June 6, 2006
Page 9 of 14
[$ 230,750.00
I FEE
i $ 19l700.00
k $ 3 850.00
I $ 11,800.00
$ 2,450.00
$ 37,800.00
FEE
$ 20,720.00
$ 500.00
$ 21,220.00
FEE
! $ 78,960.00
$ 230.750.00
1$ 309,710.00
FEE
. $ 37,800.00
$ 21,220.00
$ 59,020.00
15
Agenda Item No. 16E1
June 6, 2006
Page 10 of 14
B.2.2. The fees noted in Sectlon2.1. shall constitute for:
Phase I
(Three Hundred and NlneTho\.Jsand Seven Hundred Ten DOIla.rs)............"...........$ 309,710.00
Phase n
(Fifty Nine Thousand and Twenty Dolla.rs). ...... " .................... .............. .....$
59,020.00
TOTAL FeES
(Three Hundred Sixty Eight Thoussnd and Seven
$ 368,730.00
Hundred Thirty Dollars)
to be paid to CONSUL TANTfor the performance of the Basic Services.
8.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, ifany, OWNER
agrees to pay CONSULTANT a negotiated total iee and Reimbursable Expenses based
on the services to be provided and as set forth In the Amendment authorizing such
Additional Services, The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule Bana all Reimbursable Expenses shell comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Serv~ces
without OWNE R'Sprior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the tota.l
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall Include the cost of all materials,
equipment, supplies and out-of-pocket expenses Incurred in the perlormance of all such
services.
B.2.5 Notwithstanding anything In the Agreement to the contrary, CONSULTANT
acknowledg~s and agrees that in the. event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall cont!nueto perform the
Services required of it under this Agreement, as dJrected by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSUL TANT all amounts that
OWNER does not dispute are due and payable and suqh disputed fees do not exceed
10/% of the total basic service fees for such servIces.
3. SCHEDULE OF PAYMENTS:
8.3.1. CONSU L T ANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule S, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subje.ct billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees eamed that month for both Basic Services and Additional
Services. Invoices shatl be reasonably substantiated, identify the services rendered and
COLLIER COUNTY c.;OVERIIIMEN,. CE:tIITER
JAIL RENOVATIONS
16
Agenda Item No. 16E1
June 6, 2006
Page 11 of 14
must be submitted in triplicate in a form and manner required by Owner. Additionally,
the number of the purchase order granting approval for such services shall appear on all
invoices.
8,3.2. Invoices not properly prepared (mathematical errors, billing not fef~ectingactual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
must Include the Purchase Order Number and Project name and shall not be submitted
more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined In Article 2 hereinabove
as per Standard Billing Rates and for reimbursable expenses will be made monthly upon
presentation of a detailed invoice with supporting documentation.
B.3,4 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utillzed by CONSULTANT for Additional Services , CONSULTANT shan be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
8.3.4.1 Reimbursable Expenses unless negotiated as a component of basic or
additional services must comply with OWNER'S then current standard
reimbursable expense policy, be charged without mark-up by the
CONSULTANT, and shall consist only of the following items:
8,3.4.1.1. Cost for reproducing documents that exceed the number of
dDcuments described in this Agreement.
8.3.4.1,2. Mileage outside of Lee and Collier County approving in
writing by OWNER.
8,3.4.1.3. Permit Fees requjredby the Project.
8.3.4.1.4 Other items on request and approved in writing by the
OWNER.
COLUER COUNTY GOVEFlNMENT CENTER
JAIL. F1E;;NOVATlONS
17
Agenda Item No. 16E1
June 6, 2006
Page 12 of 14
EXHIBITC
STAFFING
Key personnel assigned by CONS UL T ANT to the services under this work order:
. SpilUs Candela DMJM
Doh Dworel AlA
Enrique Machi, AlA
Steve Berler
Nina Gladstone
Jorge Perez
Hector Seiglie, PE
Erick Gonzalez, PE
Emilio Rlverol PE
Ovldio Rodriguez,PE
David Campbell. PE
Bob Durham
Kevin Eagan
Michael Murphy
Key Subconsultants to be assigned to the services under this work order:
. SchenkelShultz
Gary F. Krueger, AlA
Marty Miller
COL.l..IE:R COUNTY CiOViflNMENT CENTER
JAIL RENOVATIONS
18
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PHASE 1
Agenda Item No. 16E1
Page 13 of 14
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PHASE '2
Agenda Item No. 16E1
Page 14 of 14
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Agenda Item No. 16E2
June 6, 2006
Page 1 of 8
-
EXECUTIVE SUMMARY
Recommendation to approve funding for emergency generator upgrades and
associated work in the amount of $408,538.
OBJECTIVE: To obtain Board approval for the funding of emergency generator upgrades and
associated work.
CONSIDERATION: Last year as a result of Hurricane Wilma, Florida Power & Light was unable
to supply power to the Main Government Complex. At the same time, the Complex's main
generator that services the Courthouse, the Central Chiller Plant and the Facilities Management
Building failed. Air conditioning along with critical life safety components were affected. As a
result of this failure, staff constructed a plan to provide additional redundancy to the Complex's
emergency power service. The plan includes short, medium and long range phases as
provided in the attached spreadsheet. The phases are as follows:
Phase One Immediately
Phase Two Within Five Years
Phase Three Within Ten Years
Pin and Sleeve Critical Generators and Bldg. H, 3rd FI (1)
Replace Critical Generators
Construct Central Generation Plan
,-
Should a generator fail, the pin and sleeve system allows a replacement generator to be
"plugged in" quickly (within two hours) restoring emergency power to those facilities. Phase
One also includes putting all of the Utilities Division functions located on the third floor of the
Health and Public Services Building on emergency generator power (1).
In order to complete the critical work associated with Phase One before the hurricane season,
staff (through already approved BCC contractors), directed that this work be finished by June,
postponing other important but less critical projects. Funding was provided within existing
project cost centers. The cost of this work is as follows:
Pin and Sleeve for the Administration Building, Health and Public Services
Central Chiller, Electrical Plant and the Jail.
Generator Power to the Health and Public Services Building, 3rd Floor
Total
Building, Main
$294,338
$ 89,200
$383,538
In the event a generator fails, a temporary rental unit must be located and installed quickly. It is
becoming increasing difficult to secure these very large generators and when the County needs
one, the chances are that others will also need them (350KW to 2000KW). In a recent formal
bid, three out of the four responding generator providers did not submit a bid price for these
large units. For these reasons, staff is requesting authority to set aside the normal bid process
and utilize a quote system for the next twelve months. Staff would attempt to contact three
vendors and award to the one that can provide the appropriate unit and all the accessories
including "reserve fees" in the shortest amount of time. As part of this recommendation staff is
requesting that the purchasing department be authorized to issue purchase orders based on the
quotes received. .
.-.
Agenda Item No. 16E2
June 6, 2006
Page 2 of 8
Executive Summary
Emergency Generators
Page Two
After discussions with the Emergency Management Director, it was felt that of all the major
generators, the one that services the Administration Building was the most critical. If this unit
went down, the Emergency Operations Center (EOC) would be disrupted immediately. For that
reason, staff is recommending renting a back-up generator for that facility at a cost of
approximately $25,000 (based on three quotes). (Vendor: Cummins Power South). This is a five
month "reserve" cost. The "usage" cost will depend on how many hours per day it is actually
used. There are also associated expenses including but not limited to set up cost, cables, fuel,
etc. Emergency purchase orders will be utilized for these expenses.
FISCAL IMPACT: The cost of Phase One is $383,538. Funds would be transferred from
General Fund Reserves to Fund 301 as described within the attached budget amendments. The
cost of renting a generator for the Administration Building is approximately $25,000. Funds
would be transferred from General Fund Reserves to the Facilities Management Operating
budget.
GROWTH MANAGEMENT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the necessary
budget amendments as described within this summary and authorizes staff to bypass the
normal Purchasing Policy and utilize a quote system for reserving and renting generators and
associated equipment.
PREPARED BY: Skip Camp, CFM, Director, Department of Facilities Management
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E2
June 6, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
Recommendation to approve funding for emergency generator upgrades and associated
work in the amount of $408,538.
6/6/20069:00:00 AM
Prepared By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Approved By
Facilities Management
5/24/20063:42:16 PM
Linda Best
Administrative Services
Contracts Agent
Date
Purchasing
5/24/2006 3:59 PM
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Approved By
Facilities Management
5/25/2006 8:25 AM
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Management
5/25/2006 8:25 AM
Approved By
Scott Johnson
Administrative Services
Purchasing Agent
Date
Purchasing
5/25/200610:55 AM
Approved By
Kelsey Ward
Administrative Services
Senior Purchasing and Contracts Agent
Date
Purchasing
5/25/20062:17 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/25/2006 3:55 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
5/26/2006 8:35 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/26/20063:12 PM
Agenda Item No. 16E2
June 6. 2006
Page 4 of 8
2006 HURRICANe SEASON
cJfftr County
~
EMERGENCYPOWERPREPAREONESS
PORTABLE GENERATORS ANO CHILLERS
PhOllps and Jordan I I Untml MochlonlClll I I Pantropic Power I I Cummina Power South
6 Month R_NO 6 Month lI..e"", S Month Relerve 1 Month Roo....
1250 KW $70,200.00 2000KW with 1200T $816.000.00 12&OKW $100.800.00 1260KW $14,102.00
ChOler. (up to 600 hr)
1000KW 566,160.00 2000KW with 12001 $1.206,000.00 1000KW $73.800.00 1000KW $12,781.00
Chllle.. (600 hr+)
750KW ~.120.00 1260KW 5187.200.00 350KW $86,400.00 360KW $5,"'8.00
350KW 519,666.00 750KW $103.200.00 36KW $72.000.00
250KW 511.666.00 BOOKW $78.000.00
35KW 16."0.00
TOIol Monthly Uaage 11 Total Monthly Utlage (1 TOIoI Monthly 10101 Monthly
Ewnt. Continuous use for T Event. CcntJnuoua UH U..ge (1 E..n~ Uaage (1 Event,
daya): for 7 day.): ContlnUOUI u.. for Continuo... u.e
7da.a): lor 7da.ll:
1250 KW $29.285.00 2000KW wlth 1200T $63,000.00 12BOKW $8,850.00 1260KW 528,125.00
Chili... (up to BOO hr)
1000KW $23.670.00 1260KW $6,660.00 1000KW $7,320.00 1000KW 523,126.00
760KW 518,280.00 760KW $6,660.00 3BoKW 55,270.00 350KW $10,335.00
350KW $10.665.00 600KW 56.660.00 36KW ~,734.0o
260KW 510,1i65.o0
36KW $6716.00
Total 6 Month Coot (1 TOIoI 6 Month Coal (1 Total 6 Month Coal Total 6 Month
Event. ContlnuDul .8 for 1 Ewnt. ContinUOUI ..e 11 event. Coat (1 Event,
daya): lor 7 dayal: ContlnUOUI ule ror Continuous use
7 da,"): for 7 da,"I:
1260 KW $99."6.00 2000KW with 12001 $879.000.00 1260KW $109.660.00 1260KW ~.227.o0
Chili... (up to 500 hr)
1000KW $79,830.00 2000KW wlth 1200T $1,269,000.00 1000KW $81.120.00 1000KW $36.706.00
Chlllel'l 1600 hr+)
760KW $60,410.00 1250KW $193.860.00 360KW $91.670.00 360KW $16,833.00
360KW $30.221.00 760KW 5109.850.00 36KW $76.734.00
250KW $30,221.00 600KW 584.660.00
36KW $1219&.00
NOTES:
Fed In:i,c.,"11es t'l'1 ~~~lm9teo
figure
Freight IS an esttmata or was c1iWOHd by vendor as COI\~pIUS B %
TOlel Monthly R_I includes fuel as delivered. Ooes n01lne1ude fuel for full 168hr run time.
....1't!08r1ld Bv Mlckul Lae.ik). Prtltet1~. 611&..'0(1
Agenda Item No. 16E2
June 6. 2006
Page 5 of 8
~leT County EMERGENCY POWER PREPAREDNESS ~ ":):;;,:;~
2006 HURRICANE SEASON
~ _,,:*,,:1,,":,;, ,
PORTABLE GENERATORS AND CHillERS E,
PhllhrJe and Jam" Unltad Meeftamc.1 P.ntruDtc Power Cumm.na PDWltr
.ImdI1
RENTAL - Monthly: RENTAL - Monthly
RESERVE: (6 month mln) (i_mln) (i month mill) RENTAL. Monthly
2000KW wtth 1200T
1250 KW S".700.00 Chille" (u~ IQ SIlO hr) S130,000.00 1250KW $15,300.00 1250KW S12.852.OO
2000KW with 1200T
1000KW $&.360.00 Chi.... (500 hr+) S195.000.00 1000KW Sl'.100.00 1000KW $11.781.00
750KW S7.o20.00 1250KW $28,200.00 350KW 513.200.00 350KW S4,998.00
USAGE (per hour.
11128 hour>
l"dUCIed In rental
350KW S3,276.00 750KW 514.200.00 35KW 510.580.00 fee)
USAGE - 40
250KW 53.278,00 500KW 511.000.00 hrlWoek 12S1lKW 5186.00
Fuel Alter ServiOO
3SKW $1,080,00 ,every 200 hr) 51.500,00 1250KW $5,810.00 1000KW $156.00
RENTAL. Weekly CBble. 1000KW $4,070,00 350KW 580.00
1250 KW 513.000.00 2Oo0KW $6.0:)0.00 350KW 52,420.00 c._ . Morrthly
1000KW $10.400.00 1250KW $5.0:10,00 35KW $484.00 1250KW 51,250.00
USAGE - 80
750KW $7.800.00 750KW S,3,OOO.00 hrlWeek 1000KW $1,000.00
350KW $3.640.00 500KW $2.000,00 1250KW $6,415.00 350KW S5OO.00
TrBOIportabon
250KW $3,640.00 Fuel $500 1000KW $6,105.00 (round trip)
35KW $1.300.00 F"''9tlt 8nd Instal"'tion 350KW $3,830.00 1250KW $600.00
RENTAL. Monthly, 8 hr daily 2000KW with 1200T
u"(Ie Chill... S55.000.00 35KW S728.00 1000KW $600,00
1250 KW $19,500.00 1250KW S,2oo0_00 USAGE - UnUmited 350KW $450,00
1000KW $15,600.00 750KW .$2.000.00 1250KW $11,220.00
750KW $11.700.00 500KW !20aO.OD 1000KW $8,140.00 Fuol $4.50
350KW $5,450.00 350KW $4,840.00
250KW $5,480.00 35KW $968.00
35KW $1,950.00 Cable. and Pigtail.
RENT"L. Monthly, 24/7 1250KW $1.500.00
1250 KW $39.000.00 lo00KW $1.200.00
1000KW $31,200.00 3S1lKW $1.200.00
750KW $23,400.00 35KW $1 440.00
~
50' Coble.. Monthly
1250 KW
1000KW
750KW
350KW
250KW
35KW
Plll-
1250 KW
1oo0KW
750KW
350KW
250KW
35KW
Freight. Delivery and P'cXup
1250 KW
1000KW
750KW
350KW
250KW
35KW
Fuel
EMERGENCY POWER PREPAREDNESS
2006 HURRICANE SE.4.S0N
PORTABLE GENERA TORS AND CHILLERS
350KW
250KW
35KW
510.920.00
510,920.00
$3,900.00
$125.00
$2,625.00
$1,750.00
$1.250.00
$875.00
$875.00
$625.00
seO.OO
52.520.00
$1,660.00
51.200.00
$840.00
$840.00
50.00
Fuel
$1,GOOOO
,,' 000 00
$1,5CDf)O
$7500['
$7e000
!E;DO,QCJ
58.00
Tranaportstlon
(round trip)
1250KW
1000KW
350KW
35KW
$1.600.00
51.800.00
$1,200.00
$2,600.00
$S.CIJ
Agenda Item No. 16E2
June 6. 2006
Page 6 of 8
Agenda Item No. 16E2
June 6, 2006
Page 7 of 8
Generator Master Plan
Collier County
Bd. of County Commissioners
Department of Facilities Mg!.
Short Term Pian MedT rmP on Te Plan
PriDritY Faci!!rl Bv June 30 06 Wtthin 5 v...... wrthin 10 Yea'" KW Gen Mfa !!M2ll 050, ~ I!!!2l! TSer
1 Building K .- Pm and Sleeve Replace Unit Central Generation 7&0 Curnnins. NIO.cC6348 NfO.I'4970 ASCO 0940360097XC 973504
1 Building F Pin and Sleeve Replace Unit Central Genel'8tion 300 O'Brien/Det 83000-llWO 3 01833 Lexco 250 20 E 03332-2-1
2 EMS 12 Corkscrew --. -- Replace Unit 80 Kohler 80RZ262 380587 Kohler K.164231-400 K59566
2 Jell Neplos Eleminolte ...u ....... 620 Cat 3412 6FA03131 Lexco 25022E 04696-8-1
2 EMS 5 Golden Gate --. Replace Unit Replace Unit 30 CUmmins 301>$1 133592E A900Z9083' ONAN LTEU200L ,07H A910365755
2 Sheriffs Office Immokalee --. .-. Replace Unit 230 On.n 23000EP-17R120985 1790447634 On.n OT800 0940541020
2 800 MHZ 281h ...-. ...-- Replace Unit 25 Gener-ae 89AO'602-5 887945 Generac 89A01602-W 10007
2 Sheriffs Office No. Naples --. ..... Replace Unit 60 Kohler 60ROZJ81 353019 Asco Series 300 78050200 12
2 Sheriffs Office Marco Island ..-.. --. Replace Unit 8 Generac 04109.0 3166051 Doyton n030 7'340
....- 2 Sherift's Office Everglades --. Replace Unit Replace Unit '2.5 Dnan 12.5JC-3CP/3098AB K790463583 On.n OTUED100-311206 H79044 '057
2 Jalllmmokalee ~~-~ Pin and Sleeve Replace Unit 350 Cot SR4B 90R03038 Zenith Z' 502L60EC 1409702
2 Sheriff's Office Golden Gate ~.._~ --. Replace Unit 60 Onan OGCB-5007290 A020320838 On.n L010316106 OTPCC-5007289
2 EMS Golden Gate Estates --. --. Replace Unit 75 On.n GGHF4493310 LOOO187435 Onan OTPCC4493311 LOOO181892
2 EMS tI2 HeliportJ _~u --. Replace Unit 35 ONAN 35EK '950587207 Dnan OT 225 E950578341
2 Jeil Naples .. ..~~.. Replace Unit Central Generation 12&0 Cummins 12500FLC-4236 B040605132 CUlTlITlins OTPCO.5651190 L030578730
2 EMS #21 Grey Oaks ..._~ Pin and Sleeve Replace Unit '25 Cummins DGDK-565..,8 A040587819 Cummins OTPCC-5636636 L030575843
2 800MHZ Krehling ~~-~ --. Replace Unit 35 On.n GGFD5602378 E030498849 On.n OTPCB49547oo 80102064,20
2 800MHZ Corkscrew --. _..u Replace Unit 35 Onon 35EK '950587206 Onan OTPCB4954659 80'0203506
2 800MHZ County Bam --. --. Replace Unit 45 Onan 45EM 1950587093 On.n OT225 E950578342
2 800MHZ Immokalee ~.._.. ..~..~.. Replace Unit 45 Onen 45RZG 714306 On.n OT 225 E950578343
2 800 MHZ 28th St.lBenton -~.. ~~~.... Replace Unit 45 Onen 45EM '950587321 On.n OT 225 E950578340
2 800MHZ N.Naples --. -... Replace Unit 35 On.n 35EK 1950587205 Onan OT 225 E950578339
2 800MHZ Mile Qty ........ ~~~..~ Replace Unit 35 On.n 35EK '950587204 ONAN OT -225 E950578338
3 Immok Health Depl. --. Replace Unit Replace Unit 200 On.n 200.00YH-17R-' 5953C 0675956566 Generac 99A05580-W 22872
3 Building H Pin and Sleeve Replace Unit Central Generation 350 C.t 3406 B IJJ00372 Lexco 280 20E 3R A0408-1-1
3 County Medical Examiner --. Pin and Sleeve ReplBce Unit 200 Kohler 200 ROZO 3911654 Kohler K-568541-800 K76116
4 Naples Landfill --. ~~... Replace Unit 20 Generac 4094-1 3127605 Generac 71340 79B48A
4 Aeet Management ..-.. -... Replace Unit 20 Magletek ROS280 BM028441 MagneteklZenlth ZTSHIOBCS 217312X
4 Ubrary . Central .~..~ _..u Replace Unit '5 Superior 15R161 0891950 Zenith ZTS4FC-7AA 194102
4 lmmok. County Barn _..u Replace Unit 40 Superior R4D-12 11951121 Asco A300220061C FP93363
512612006
C:lAdlib eXpressllnputlAgenda. BCCAGENDA. 23689
Agenda Item No. 16E2
June 6. 2006
Page B of 8
Generator Master Plan
Coliler County
Bd of County Commissioners
Department of Facilities Mgt.
4 Building G-1 c-2 u.._ Replace Unit Central Generation 265 Kohler 250R02D 391624 Kohler 250.ROze 391624
4 Transport Adminl Arthrex --- --- Replace Unit 'DO Kohler 100RDZ 0622281 Kohler K56854 '-0225 K0623228
. lmmokalee Landfill ...-. ........ Replace Unit 8 Genef8C 9067-2 982824 Generac 77032 77031-A-
4 Marco Island Transfer Site ........ -- Replace Unit 20 Olympian D20P15 F36Il6AIOO' ""co A3002l046/XC '47112
4 DOT #1 ........ -..... Replace Unit 65 Magnetek PLS83Q-GT3400 PL08B255 MagneteklZenith ZTSH26EC 211811X
4 DOT #2 ....-.. ......... Replace Unit 80 Generac 97A-05 99-S 2037616 Generac 97A-O,,99-W 41399
4 Development Servtces eploilce unn Central Generation .., ., I.."" au"uu,",a ranS-U-MatIC ,..,auu ~.~
4 DOT *3 ......... -...... Replace Unit 12,5 ONAN 12.5 JC L890285089 ONAN OT CU7Q 1870921366
4 Property Appraiser ......- Replace Unit Cen1r81 Generation '50 CummIns DGFA-5585633 K02043nS2 Cummil16 OTPCC-5585634 K02Q437248
Imm Government Center Unit being replaced now
Priority Key
1 Emergency Operations Center (EOC)
2 Public Safety (Police. Fire, EMS)
3 Utilities I Heatlh Services
4 General Government
-
~ Address shutters over louvers
- Computer Room AC unit needs to be on generator power
5/2612006
C :\AdLib eXpress\lnputlAgenda. BCCAGEN DA.23689
Agenda Item No. 16E3
June 6, 2006
Page 1 of 63
-
EXECUTIVE SUMMARY
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22,2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County
Purchasing Policy) of not greater than 10 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work
orders, that have occurred since the prior BCC approved amount, which are below the threshold
limits as referenced above.
The plan calls for staff to submit a monthly report listing these change orders from the previous
__ reporting period. Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Order Reports. These reports cover period April 15, 2006
through May 17, 2006.
FISCAL IMPACT: The total change to contracts is $805,309.12. The total change to work
orders is $141,869.26.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Order and Administrative Changes to Work Orders Report and ratifies
the listed change orders and changes to work orders
PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department
,-
Agenda Item No. 16E3
June 6, 2006
Page 2 of 63
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E3
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
Meeting Date:
6/6/20069:00:00 AM
Prepared By
Diana Deleon
Administrative Assistant
Date
Administrative Services
Purchasing
5/25/200610:44:56 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/25/2006 11 :30 AM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
5/25/20062:16 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/20063:56 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/26/2006 8:36 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/31/200610:02 AM
ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
Agenda Item No. 16E3
June 6. 2006
Page 3"0f!63
May 2006
Presented to the Board-June 2006
Item Date
No
%
Change
from Current
Work Order
Vendor Name
Project No
Change Order No
Project Name
Work Order No
Contract No
Department
Original
Work Order
S Amount
Current
Work Order
$ Amount
Change to
Work Order
$ Amount
Revised
Work Order
S Amount
%
Change
from Original
Work Order
04/16/06
4.59%
Haskins, Inc.
517012
Change 2
Underground Utility
Contracting Service--Farm
Worker's Village Access
Road Crossing
UC-109
04-3535
Stormwater
RC
S414,548.00
S434,958DO
S19.971.00
S45492900
9.74%
Overview of change: To address the requirement to reinstall both electncal and signal system to current day Traffic Operations construction requirements. The Performance and Payment bond was
nol originally required but has now become a requirement.
04/21/06
11.10%
Victor Latavish
70059/73072
Change 2
Public Utilities Operations
Center
Vl-02-10
01-3235
PUED
lW
S69.500.00
$89,500.00
S9,93500
S99,435.00
11.10%
Overview of change: To provide payment for additional design and engineering work required during construction in order to provide an acceptable facility for the proposed occupancy. Cumulative
changes are within the $10,000 change limit under the purchasing policy
04/24/06
24.26%
RKS Consulting Engineers RKS-FT.05-03
71038 05-3681
Change 1
Tamiami Wells 6-27
Electrical Control Upgrades
PUED
lW
S55.40000
S5540000 S13,440.00
S68,840.00
24.26%
Overview of change: To provide additional services during design, bidding and construction services due to the Florida Department of Environmental Protection (FDEP) rulings; the decision to bid the
project rather than use an existing contract and to integrate the Programmable Logic Controllers (PLCs) rather than have County staff perform the mtegration.
04/27/06
0.00%
CH2M HIli CHM-FT -3292-06-02 PUED
73963 01-3292 lW
Change 1
SCWRF laboratory Building
Addition and Renovations
S89,86000
S89,680.00
SO.OO
S89.860.00
0.00%
04/27/06
Overview of change: To reallocate money among Tasks 1 through 5 and add additional Task 6 for Additiona! Services
$4.30361
Above Water
N/A
Change 1
Recycling Cart Program
AWP-FT -3564-05-03 UC BS
04-3584 l W
S2.500.00
S2500.00
S1,80361
72.14%
72.14%
Overview of change: To provide for additional mailings to intemational customers and commission fees not paid previously.
ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
MIY 2006
Pre.ented to the Board..June 2006
Agenda Item No 16E3
June 6. 2006
Page <f'()ffl3
Item Date
No
Work Order No
Contract No
Department
Original
Work Order
S Amount
Current
Work Order
$ Amount
Change to
Work Order
$ Amount
Revised
Work Order
$ Amount
%
Change
from Original
Work Order
%
Change
from Current
Work Order
05/04/06
Vendor Name
Project No
Change Order No
Project Name
Camp Dresser & McKee
700571
Change 1
SCRWTP Ume Softening
Modifications & Upgrades
CDM-FT -04-02
00-3119
PUED
LW
$690.664.00
$690,664.00
$68.220.00
$758,884.00
9.88%
9.88%
05109106
Overview of change: To provide for continuation of construction services until project completion, particularly for new, as-needed repairs.
$3,50000
$3.500.00
$260.25
$3,760.25
7.44%
7.44%
Water
LW
"mchIU & SiaM< UC-214
NIA 04-3535
Change 1
Emergency Repair to Reuse
Line at Riviera Golf Course
05/09/06
Overview of change: To provide for 5% markup on materials as allowed by contract.
$18.664.00
$18,864.00
$1.079.10
$19,74310
5.78%
5.78%
SC-02-144
02-3349
Facilities
LJB
Surety Construction, Inc.
52525
Change 1
IT Renovations
Overview of change: To provide for the addition of a bulkhead to the project Due to the fact that the air handler unit and condensate drams are in the way of the work, the acoustical ceiling could
not be reconfigured as planned, so additional work was required.
05/09/06
CPE-FT -06-06
01-3271
TOUrism
LW
$225,000.00 $225.000.00 $22.49800 $247.498.00
10.00%
10.00%
Coastal Planning and
Engineenng
905271
Change 2
Design County/Naples
Beach Renourishment
Overview of change: To provide payment for preparation of a pennit modification to continue construction beyond May 1,2006 and to respond to Requests for Infonnation (RFls); preparation of permit
modification to increase sand volume for Vanderbilt and Naples beaches; modify beach fill cross-sections at 1 DO-feet intervals for contractor; assist with administrative and technical support as required;
and add 30 days to project completion.
10 05/18/06
UC-213
04-3535
Water
LW
$116,500.00 $116,500.00
($127.70)
$116.372.30
-0.11%
.011%,
Quality Enterprises
NIA
Change 1
Emergency Repair of lift
Station at SCRWTP
Overview of change: To provide for 20% markup on material nol originally established in the work order and to provide for deductive amount to close out work order.
Item Olte
No
ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
Work Order No
Contract No
Department
Vendor Name
Project No
Change Order No
Project Name
11 05116/06
A. Gail Boorman & Assocs.
601344
Change 1
Fixed Term Landscape
Architectural Services ~
Goodlette-Frank Road
(Pine Ridge Road to
Vanderbilt Beach Road)
TLO-AGB-3614-06-02 ATM
04-3614 RC
Agenda Item No. 16E3
June 6. 2006
May 2006 Presented to the Board..June 2006 Page (f'6ffl3
Original Current Change to Revised % %
Work Order Work Order Work Order Work Order Change Change
$ Amount $ Amount $ Amount $ Amount from Original from Current
Work Order Work Order
$46.192.50 $48.192.50 $4,790.00 $52.982.50 9.94% 9.94%
Overview of change: To add work to include the medians on Golden Gate Parkway that are being modified due to the roadway work and to extend 1he 'NOrk order until June 17,2008.
Total Changes. to Work Orders Amount
$141,889.26
Agenda Item No. 16E3
June 6, 2006
Page 6 of 63
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion Landscapina Installation PROJECT#: 73077.739501.739502
BID/RFP #: 05-3778 MOD #:
3-01 POI: 4500049583
WORK ORDER #: N/A
DEPARTMENT: Public Utilities Division
Original Contract Amount:
$ 182.665.00
(Starting Point)
Current BCC Approved Amount:
$ 182.665.00
(Last Total Amount Approved by the BCC)
Current Coutract Amount:
$ 196.300.95
(Including All Changes Prior To This Modification)
Change Amount:
$ 0.00
Revised ContractIWork Order Amount:
$_ 196.300.95
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 13.635.95
Date of Last BCC Approval 7/26/05
Agenda Item # 16 C 9
Percentage of the change over/under current contract amount 7.47 %
Formula: (CurTentAmountl Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):
SUBSTANTIAL COMPLETION: ORIGINAL: 11/1/2005 CURRENT:
FINAL COMPLETION: ORIGINAL: 12/1/2005 CURRENT:
3/15/06
5/15/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
Extension of substantial contract completion date from February 15, 2006 to March 15, 2006 and final contract
completion date from March 1, 2005 to May 15, 2006.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
Additional time was required by the landscaping contractor due to schedule impacts beyond the contractor's
control associated by work under a separate contract to provide reclaimed water supply piping to the point of
connection with the irrigation main; and asphalt road cutting to allow installation of irrigation controller wiring.
Revised 10/5/05
Agenda Item No. 16E3
.". .. JLirre'6;-2lJOO--
Page 7 of 63 I ~
. . . ... . .' , ~:, ..
'-$,_,2'-,:';':;,;::,: - . ".:.;:.C- ,":., . . ", . :. _' ,"':" .:. .__ . ." ::'. . ,". :~.: .: '<'__::->
~~TIES CONTACTED REGARDING THE CHANGE;: Contractor. Consultant.
personneL
INJPLEJYlE.I'JT!\ TION STEPS (Verify each before proceeding w.ith chan~~LJsin9 Y,,., qr N(A)
-': I?rOPO!3gf change is.consist~nt with the scope of the existing agr~enient
....... erop"oSed chahgeis in fact an addition ordeletic;n to th~ existing scope
.......... G.ha'ngeIs being implemented in a mariner consistent with. the existihgagteement
;; Th~appropii~te partie!:) have been consulted. regardingtn~change
.. \'proposed prices. fees and Costs set forth in the change are reasonable
"CONpULTfNG ENGINEER'SRECOMME~PATION:.This f<mn is to be signed and'd~t~d.
..~~bbMM~NDEDSY: \~~~~ .. Date: Y.~\~-6~. .
1-, (forisultingEngineer .
f~().,rE9TMAN.AGER RECOMMENDATION: This form is to b~sigr1~d and date!t
;it.:.;"c:~~bQ.~M1:NDEb~Y:' , .. ..,.. Date:L//t7Ia~
,"'.,.. ' ... PrOje. fI' .. ..... .
RE;yHiWEDBY: Dale:
. ,. ' .
,,'.' ;:;,-:
: ','-:.
;!,,,-'
Revised 1 Oi5/05
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 ;(
June 6, 2006
Page 8 of 63
PROJECT NAME: Gordon River Water Quality Park - Enalneerino Deslan
PROJECT #: 510185
BIDIRFP ##: 05-3774 MOD #: :3~ PO#:4500046366 WORK ORDER #:N/A
DEPARTMENT: Stormwater Manaae ent
Original Contract Amount:
$ 599.850.00
(Starting Point)
Current BCC Approved Amount:
$956.100.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$956.100.00
(Including All Changes Prior To This Modification)
Change Amount:
$90.000.00
$1.046.100.00
(IncluwngTWscrnmgeOr~~
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this Contract/W ork Order: $446.250.00
,
:::.~- .,
Date of Last BCC Approval 1/10/06 Agenda Item # -'-6B2 .
Percentage of the change over/under current contract amount 9.41 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Bce on
Purchasing report. For specific information regarding work order thresholds, pl~t:lse. refer to the Contract
Administration Procedures, Section III.C.4. ' .
CURRENT COMPLETION DATE (S):ORlGINAL: 12/31/06 CURRENT: 12/31/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The purpose of this change order is to
add $90,000.00 as additional services stated in the original scope of services apprO'ved at the BCC May 24, 2005
meeting to include conceptual design plans for the recently acquired Fleischmann parcel that will maximize water
treatment and minimize impacts to existing wetlands and wildlife.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Additional services in the form of plannlna studies. deslan and conceptual plans for stowmwater
manaoement and water oualitv improvements for the acouired Fleischmann parcelloeated to the south. The two
projects will be connected with pathways. -_.
PARTIES CONTACTED REGARDING THE CHANGE: Stormwater ManaoemerifDirector. CH2M Hill Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V; Nor N/A)
-Y- Proposed change is consistent with the scope of the existing agreement ..;.
L Proposed change is in fact an addition or deletion to the existing scope ;;:;
-Y- Change is being implemented in a manner consistent with the existing agreement
-Y- The appropriate parties have been consulted regarding the change
-Y- Proposed prices, fees and costs set forth in the change are reasonable;,
i.,'
',",
_ PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated~
APPROVE BY:
Sa I
REVIEWED BY:
C n ract Specialist
Date: ~~t7 -0 (.,
Date: . /1 gj Db
';",
Revised 4/2512005
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 6, 2006
Page 9 of 63
3
PROJECT NAME: SCRWTP 20-MGD Wellfield Expansion - Test Wells PROJECT #: 70892
BID/RFP #: 06-3907 MOD #:-1.PO#: 4500057382 WORK ORDER #:
DEPARTMENT: PUED
Original Contract Amount:
$ 1.035.025.00
(Starting Point)
Current BCC Approved Amount:
$ 1.035,025.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$1.035.025.00
(Including All Changes Prior To This Modification)
Change Amount:
$ (175,305.00)
Revised ContractIW ork Order Amount:
$ 859.720.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ (175.305.00)
Date of Last BCC Approval
11/29/2005
Agenda Item # 10 D
Percentage of the change over/under current contract amount (16.9) %
Formula: (Current Amount / Last Bee approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Bee on
Purchasing Report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (8): ORIGINAL: 7/20/2006
CURRENT: 7/20/2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes: Added $8,750.00 for survey work
necessary for SFWMD discharae permit and subtracted $184.055.00 for direct purchase of FRP casino pipe
that was in the orioinal contract.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
The survey work was a re~uirement issued subsequent to the bid award and the direct purchase will save the
county more than $11.000.
PARTIES CONTACTED REGARDING THE CHANGE: Jeff Hausinaer (Hausinaer & Ass.) and Lvn Wood.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
~ Proposed change is consistent with the scope of the existing agreement
~ Proposed change is in fact an addition or deletion to the existing scope
~ Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
~ Proposed prices, fees and costs set forth in the change are reasonable
REVIEWED BY:
: This form is to be signed ~nd dated.
Date: 2/27/2006
Date: L//;Z I/Ob
Revised 4/25/2005
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 /1
June 6, 2006 T
Page 10 of 63
PROJECT NAME: SCRWTP 20-MGD Wellfield Expansion - Test Wells PROJECT #: 70892
BID/RFP #: 06-3907 MOD #:~PO#: 4500057382 WORK ORDER #:
DEPARTMENT:PUED
Original Contract Amount:
$ 1,035,025.00
(Starting Point)
Current BCC Approved Amount:
$ 1,035.025.00
(Last Total Amount Approved by the BCq
Current Contract Amount:
$ 859,720.00
(Including All Changes Prior To This Modification)
Change Amount:
$
3.600.00
Revised ContractIWork Order Amount:
$ 863.320.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ (171.705.00)
Date of last BCC Approval
11/29/2005
A~e~da Item #
(J b, 5 ~ J
(J.6..Q1-%
10 D
Percentage of the change over/under current contract amount
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing Report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S): ORIGINAL: 7/20/2006
CURRENT: 7/20/2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes: Added $3.600.00 for cappina a section of
sand encountered at 410' in well # RO-16S
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
The cap may prevent the sand from collapsina into the well shaft and blockina flow.
PARTIES CONTACTED REGARDING THE CHANGE: Jeff Hausinaer (Hausinqer & Ass.) M. Weinberq,
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
X Proposed change is consistent with the scope of the existing agreement
X Proposed change is in fact an addition or deletion to the existing scope
X Change is being implemented in a manner consistent with the existing agreement
X The appropriate parties have been consulted regarding the change
X Proposed prices, fees and costs set forth in the change are reasonable
REVIEWED BY: J
ON: This form is to be signed and dated.
APPROVE BY.
Date: 4/13/2006
Date: 4/2/06
Revised 4/2512005
Agenda Item No. 16E3 ~
June 6, 2006 ~
Page 11 of 63
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Golden Gate Grade Separated Overpass
PROJECT #: 60006
BID/RFP #: 04-3653 MOD #: 09
DEP ARTMENT:T. E.C.M
/PO#:
WORK ORDER #:
Original Contract Amount:
$ 35.397.385.35
(Starting Point)
Current BCe Approved Amount:
$ 35.397.385.35
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 35.397.385.35
(Including All Changes Prior To This Modification)
Change Amount:
$0
$ 35.397.385.35 l/
(Including This Change Order)
t
Revised Contract/Work Order Amount:
?~
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0
Date of last BCC Approval Julv 27. 2004
Agenda Item # 1 0 (f)
Percentage of the change over/under current contract amount N/A
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section 1V.3.d
:';'Now.~~ l. d,ti:l\o
CURRENT COMPLETION DATE (S):ORIGINAl: September 26. 2006: CURRENT: .NnVl':~mn~r 13, 200G'
SUMMARY OF PROPOSED CHANGE (8): Fuel Index increase as per FDOT Specification, (See back-up).
Temporary Strain Pole Design (See back-up).
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Fuel Adjustment - To compensate for increase cost for Fuel prices and Temporary Stain Pole Design
for signals as required by Collier County.
PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and a
Principal Proiect Manaaer T.E.C.M.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/~ ~
L..Proposed change is consistent with the scope of the existing agreement c' APR 1 9 LUUU
LPropos~d ch~ng~ is in fact an. addition or deJeti?n to th~ existing. s~ope: lranaportation
Y.,Change IS being Implemented In a manner consistent With the eXisting agreement,. ..... "'" Dwt-M-
L The appropriate parties have been consulted regarding the change .
Revised 10/5/05
.
Y-Propo'Sed prices, fees and cost set forth in the change are reasonable.
Agenda Item No. 16E3 /' tJ
June 6, 2006 ?_,
Page 12 of 63
NDA TION: This form is to be signed and dat~d.
'f ( 1..b Itr,;.,.
4,;'/-06
REVIEWED
Revised 10/5/05
Agenda Item No. 16E3
June 6, 2006
Pa e 13 of 63
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: NaDles Studio
BID/RFP #: 03.3555MOD #:
1
PROJECT #:
POI: ~~ - 5~CJ St. WORK ORDER #:
DEPARTMENT:__Tour~m
Original Contract Amount:
$ _60,000.00 (estimated)
(Starting Point)
Current BeC Approved Amount:
$ 60,OOO.OO_(estimated)
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$_60.000.00_(estimated}
(Including All Changes Prior To This Modification)
Change Amount:
$
-0-
Revised Contract/Work Order Amount:
$ 60,000.00 (estimated)
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $_-0-
Date of Last BCe Approval_11/18/03
Agenda Item # _16E6
Percentage of the change over/under current contract amount -0- %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds. please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL: N/A
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
To add orice list to contract
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? To
provide for payment to Naples Studio for services rendered to the Tourism Department.
PARTIES CONTACTED REGARDING THE CHANGE: Finance. Lyn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A)
- Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
- Y - Change is being implemented in a manner consistent with the existing agreement
- Y _ The appropriate parties have been consulted regarding the change
- Y - Proposed prices, fees and costs set forth in the change are reasonable
Date:
Date:
Revised 10/5/05
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 7
June 6, 2006
Page 14 of 63
PROJECT NAME: R't!!/).>f! Jelt',t\l!-tt ~cA- ~ .;y st't!'::)V\ PROJECT #:
w.. ~ r!t.;.vor k.
BID/RFP #: as-.Jn'1 MOD #: I POi: tfs()OO~CfI'6g WORK ORDER #:
PUE])
AlA
DEPARTMENT:
Original Contract Amount:
$ 1'1'1', 0 ~L/
(Starting Point)
Current BCC Approved Amount:
$
1~9. o.t;4
,
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ J '19.054
(Includ.iDg All Changes Prior To This Modification)
Change Amount:
$ ()
$ /99. Q.> '1
(Incluwng This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0
Revised ContractIWork Order Amount:
Date of Last BCC Approval
....
.5
Agenda Item # 16
o
c
;21
Percentage of the change over/under current contract amount
Formula: {Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
%
CURRENT COMPLETION DATE (S):ORIGINAL:
6'.h,;O~
,
CURRENT:
W/l?7
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. T,.",'P E)de.l'IsltJ/\ for A-oject
CC>rV\pk4:; nY\.
JUSTIFICATION FOR CHANGE (51: What value or benefit do these changes provide to the project?
Nec.es.5 C<,. t bas. Of\. tA".f.o e e t,q,f V '" t. -!:elM
IA.d V 1 k . do"~
PARTIESfONT ~c;.TED REGARDING THE CHANGE: P"rd,e,5 it:l5' ImS,i/rz" Q..<a I; iy
(~l,ASeJ. .5-tcri+"
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
'r' Proposed change is consistent with the scope of the existing agreement
N Proposed change is in fact an addition or deletion to the existing scope
j Change is being implemented in a manner consistent with the existing agreement
The appropriate parties have been consulted regarding the change
N(A. Proposed prices, fees and costs set forth in the change are reasonable
: This form is to be signed and dated.
Date: t/h I ~6
,
Date: '1/:;2 ~Oc;
APPROVE BY:
Project
REVIEWED BY:
Con ra t
Revised 4/25/2005
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 <J
June 6, 2006 D
Page 15 of 63
PROJECT NAME: NORTH COLLIER REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISk.
PROJECT #:80602
BID/RFP #: 01-3189 MOD #:22 PO#:4500037217
DEPARTMENT: PARKS AND RECREATION
Original Contract Amount:
$53,802,645.00
(Starting Point)
Current BCC Approved Amount:
$42,023,463.30
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$38,783,504.09
(Including All Changes Prior To This Modification)
Change Amount:
$289,840.06
Revised ContractIWork Order Amount:
$39,073,344.15
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: ($-14,729,300.85)
Date of last BCC Approval: 5/24/2005 Agenda Item #16(0)4
Percentage of the change under current contract amount: .7.02%
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4. I I
/",. '7t()"
CURRENT COMPLETION DATE (S):ORIGINAl: 5/10/2006 CURRENT: 5f1et!666 if
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This additive Change Order # 22 is
associated with Owner directed changes, changes that have resulted because of field conditions,
changes caused by Utility providers, and to provide additional time to complete the project. Change Order
#22 is composed of additions and changes to drainage structures, changes to pumps and irrigation,
changes to utility lines, changes to electrical items, changes to roadways, changes to doors and
hardware, changes to tile work, additions of satellite receivers, upgrade of benches, changes to type of
roofing material on community and recreation buildings, changes to walls and ceilings, changes to
waterlines, addition of concrete walks, and revisions to landscaping. Many of these changes are Owner
directed to upgrade items, resolve architectural and site conflicts, and address Utility provider and filed
conditions. Additionally various credits are being provided to the County via this Change Order for items
that were deleted, reduced or changed.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Most of the changes outlined in this Change Order provide added value to the owner. Some provide better
life cycle maintenance return. Some of these items resolve site condition related conflicts that require
closure and avoid related problems in the future. All of these change order items have been thoroug'
vetted with the design professionals, contractor, County staff, Clerk's Finance Office and the project tee..
This resulting change order has merit and is substantiated.
PARTIES CONTACTED REGARDING THE CHANGE: Public Services Administrator, Purchasing Contract
Specialist, Clerks Finance Department Special Projects Coordinator, County Project Manager.
Revised 4/25/2005
Agenda Item No. 16E3
June 6, 2006 ~ ~
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)age 16 of 63
_x_ Proposed change is consistent with the scope of the existing agreement
--"_ Proposed change is in fact an addition or deletion to the existing scope
_x_ Change is being implemented in a manner consistent with the existing agreement
_x_ The appropriate parties have been consulted regarding the change
_x_ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
ATION: This form is to be signed and da:e~.~
Date: 6> fj;~'6
I/~r/ob
Date:
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 Q
June 6, 2006 I
Page 17 of 63
PROJECT NAME: Golden Gate Blvd. Phase 2 (29th St. SW to 13th St. SW) PROJECT #: 600221
BIDJRFP #: 06-3933 MOD #:
1
PO#:4500060610 WORK ORDER #:N/A
DEPARTMENT: ATM
Orieinal Contract Amount:
$ 622.4;:t6 (J l' .J
(Starting oint) ,
$ 622.4~6 fb
(Last T Amount Approved by the Bce)
Current BCC Approved Amount:
Current Contract Amount:
$ 622.4~ ~i J
(IncJud g All Changes Prior To This Modification)
Change Amount:
S 4.720.00 (from contin!!encv BCC Approved)
S 627.14'-86 ~
(Including This Change Order)
Revised ContractlWork Order Amount:
Cumulative Donar Value of Changes to this ContractIWork Order: $ 4.720.00
Date of Last BCC Approval February 14. 2008 Agenda Item # 168-6
Percentage of the change over/under current contract amount 0.76%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
. ~..
CURRENT COMPLETION DATE (S):ORlGINAL: SeDtember 3. 2006 CURRENT:. SeDtember 3. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. ChanGe Order fOr two additional bores. and
additional work needed for well.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these chang~s provide to the project?
Additional bores needed and additional work needed for well. .
PARTIES CONTACTJED REGARDING THE CHANGE: Bob Petersen. ROGer-Dick. Dale Hannula. Scott
Windham. Gloria Herrera. Rhonda Rembert. Diane FlaGa. Nonnan Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
Date:
Date:
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 6, 2006
Page 18 of 63
,0
PROJECT NAME: Advanced Traffic Manaaement System Phase II PROJECT #: 60172-2
BID/RFP #: 04-3652 MOD #: 1.. PO#: 4500031727 WORK ORDER #: n/a
DEPARTMENT: Traffic Operations Department / Transportation Services Division
Original Contract Amount:
$ 653.176.54
(Starting Point)
Current BCC Approved Amount:
$ 0.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 653.176.54
(Including All Changes Prior To This Modification)
Change Amount:
$0.00
Revised Contract/Work Order Amount:
$ 653.176.54
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $653.176.54
Date of Last BCC Approval: Julv 27. 2004
Agenda Item: # 16-B-20
Percentage of the change over/under current contract amount 0%
Formula: (Current Amount I Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d .
CURRENT COMPLETION DATE (S):ORIGINAL: February 5. 2006 CURRENT: June 12. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Increase time on contract for Construction
Enaineerina & Inspection (CEI) services.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Allowance of additional days on contract will facilitate the administration of proiect close-out. includina CEI review
and processina of contractor-submitted invoices.
PARTIES CONTACTED REGARDING THE CHANGE: John Rowell (Consul-Tech): Bob Tipton (Traffic Ops):
Barbara LaPierre (Manaaement & Budaet Analvst for Traffic Operations).
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
3- Proposed change is consistent with the scope of the existing agreement
3- Proposed change is in fact an addition or deletion to the existing scope
~ Change is being implemented in a manner consistent with the existing agreement
3- The appropriate parties have been consulted regarding the change
N/A Proposed prices, fees and costs set forth in the change are reasonable
PROJECT M / N
APPROVE
DATION: This form is to be signed and dated.
1-2? -Dy
-T-r$-()~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 I (
June 6, 2006
Page 19 of 63
PROJECT NAME: County Barn Road
PROJECT #: 60101
BIDIRFP #: 04-3587 MOD #:
3 POI: 4500033797 DEPARTMENT: TECM
Original Contract Amount:
S 833.297 1.../
(Starting Point)
Current BCC Approved Amount:
S 1.232.010
(Last Total Amount Approved by the BeC)
Current Contract Amount:
$ 1.232.010
(Including All Changes Prior To This Modification)
Change Amount:
$
5.000
Revised ContractIWork Order Amount:
$ 1.237.010
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract: $ 403.713
Date of Last BCC Approval 03-28-06
Agenda Item # 16(8)(4)
Percentage of the change over current contract amount 0.41 %
Formula: (Current Amount I Last BCC approved amount)-1
CURRENT COMPLETION DATE (S):ORIGINAL: 06-17-05
CURRENT: 06-30-08
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
SFWMD oermit fee.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
It eXDedites oennit aDDlication. Drocessina and issuance Drocess.
Reimburse consultant for payment of
PARTIES CONTACTED REGARDING THE CHANGE: Suoervisor. desian consultant and contract specialist
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA)
l Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 6, 2006
Page 20 of 63
I~
PROJECT NAME: Fleet Facilitv PROJECT #: 52009/35010
BID/RFP #: 02-3422 MOD #:
11
POI: 4500048657 WORK ORDER #: n/a
DEPARTMENT: Facilities Manaaement
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
$500.000.00 (Starting Point)
$748.725.00 (Last Total Amount Approved by the BeC)
$788.675.00 (Including All Changes Prior To This Modification)
Change Amount:
Revised ContractIWork Order Amount:
55.500.00
$794.175.00 (Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order:
$294.175.00
Percentage of the change over/under current contract amount: ~
Formula: (Current Amount I Last BCC approved amounl)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures. Section III.C.4.
Date of Last BCC Approval July 26. 2005
Agenda Item # 16.E.15
CURRENT COMPLETION DATE (S):ORlGINAL: 5/5/05
CURRENT: 10/13/06
SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. The oriainal site desian was based on a best
cuess for the ecuipment shelters related to the communications tower. Now that the communications contractor
has developed a specific plan. the Site Develooment Plan needs to be modified to allow for shelter buildina
oermit(s).
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This
chance is necessary to obtain buildina perrnit(s} for the eauipment shelters.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasino: Linda Jackson. Facilities: Peter Hayden.
IT: John Dalv
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
..-y.- Proposed change is in fact an addition or deletion to the existing scope
..-y.- Change is being implemented in a manner consistent with the existing agreement
----Y- The appropriate parties have been consulted regarding the change
----Y- Proposed prices, fees and costs set forth in the change are reasonable
I.ON: This form is to be signed and dated.
Date: ~84
'II~ab
I-
Date:
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: IMPLEMENTATION OF A MASTER PLAN FOR NORTH COLLIER REGIONAL PARK
PROJECT #:80602
Agenda Item No. 16E3 I"')..
June 6, 2006 ..;
Page 21 of 63
BIDIRFP #: 99-2947 MOD #:9 PO#:Oo-6510
DEPARTMENT: PARKS AND RECREATION
Original Contract Amount:
$1,195,190.00
(Starting Point)
Current BCC Approved Amount:
$1,540,419.75
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$1,540,419.75
(Including All Changes Prior To This Modification)
Change Amount:
$122,807.74
$1,663,227.49
(Including This Change Order)
Revised ContractfW ork Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $468,037.49
Date of Last BCC Approval: 5/10/2005 Agenda Item #16(0)3
Percentage of the change under current contract amount: 7.97%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL : 5/10/2006 CURRENT: 9/812006
,
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This additive Change Order # 9 is
associated with extending the length of construction observation services as well as miscellaneous
Owner requested services during the Construction phase of the Project. These design changes include
revisions to interior finishes, food service equipment, adding handicapped doors, revising door readers
and controls, redesign of pool pump building # 3, revising maintenance screen wall, revising folding
partition, revising gym floor striping and colors, researching coatings, revising fire alarm panels, revising
backboards and walls in gym, revising plans for washerl dryer, redesign of lazy river bridge, and revising
landscape plans. These changes have resulted because of Owner directed changes, changes that have
resulted because of field conditions, changes caused by outside Agencies, and to provide additional time
to complete the project.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Most of the changes outlined in this Change Order provide added value to the owner. Some provide better
life cycle maintenance return. Some of these items resolve site condition related conflicts that require
closure and avoid related problems in the future. All of these change order items have been thoroughly
vetted with the design professionals, contractor, County staff, Clerk's Finance Office and the project tea
This resulting change order has merit and is substantiated.
PARTIES CONTACTED REGARDING THE CHANGE: Public Services Administrator, Purchasing Contract
Specialist, Clerks Finance Department Special Projects Coordinator, County Project Manager.
Revised 4/25/2005
Agenda Item No. 16E3
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N1~aUgnee 262 ~f~~ (3 ct.
-"_ Proposed change is consistent with the scope of the existing agreement
_x_ Proposed change is in fact an addition or deletion to the existing scope
-"_ Change is being implemented in a manner consistent with the existing agreement
_x_ The appropriate parties have been consulted regarding the change
_x_ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
NATION: This form is to be signed and dated.
Date: 1-/Z'7Jh
111%/0'
Date:
Revised 4/25/2005
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 6, 2006
Page 23 of 63
J~
PROJECT NAME: Collier Blvd. I Vanderbilt Beach Road -16" FM PROJECT #: 7308Sn3086
BID/RFP #: 04-3680 MOD #: -L-PO#: 4500037556 WORK ORDER #: NJA
DEPARTMENT: Public Utilities Enaineerina
Original Contract Amount:
$ 886.487.56
(Starting Point)
Current BCC Approved Amount:
$ 1.022.225.04
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 1.022.225.04
(Including All Changes Prior To This Modification)
Change Amount:
$ 73.020.09
$ 1.095.245.13
(Including This Change Order)
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 208.757.57
Date of Last BCC Approval March 14. 2006
Agenda Item # 16C7
Percentage of the change over/under current contract amount 7.14 %
Formula: (Current Amount/ Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: April 25. 2005 CURRENT: December 30. 2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. (1) Additional Fill Material ($62.000.00); (2)
Additional costs incurred duina performance of tie-ins ($11,020.09) as set forth in the Settlement Aoreement and
Mutual Release dated April 25, 2006.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Fill material required for replacement of unsuitable material: additional cost for tie-ins enabled the County to
overcome unforeseen and unavoidable circumstances.
PARTIES CONTACTED REGARDING THE CHANGE: Contractor. Canty Attorney's Office. Finance Department.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A)
l Proposed change is consistent with the scope of the existing agreement
-1L Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
I Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAG
APPROVE BY:
Projec
REVIEWED BY'
e
Revised 4/25/2005
ENDATION: This form is to be sig,ned and dated.
Date: 5. Z . oc..
Date: ..s -rQ - Oh
CONTRACT MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 I ~
June 6, 2006
Page 24 of 63
PROJECT NAME: TOC Marketina Services
BIO/RFP #: 03-3537 MOD #: 4. (Amendment 2) PO#: -rl3lJ
PROJECT #: NA
WORKORDER #: NA
Original Contract Amount:
Current Contract Amount:
$ 820.000.00
(Starting Point)
$ 3.130.200.00
(All Changes Prior To This Modification)
$ 3.288.584.19
(Last Total Amount Requiring BCC Approval)
$ 55.000.00
Last BCC Approved Amount:
Amount of This Change:
Revised Contract Amount:
$ 3.343.584.19
(Including This Change Order)
Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 2.523.584.19
Date of Last BCC Approval 2/14/05
Agenda Item # 16.F.1
Percentage of the change over/under current contract amount 1.67 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
_ Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
\dministration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 9/30/06 CURRENT: 9/30106
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This chanae order Amends the Contract to add
additional public relations services for all of the Collier County museums and the Naples Depot.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
These services will continue to provide an extensive marketina plan to promote and publicize the Collier Count'y
Museum's four facilities. Paradise Consultants can devote more time and attention the effort bv placina advertisina at
far more competitive rates. identify potential new visitor markets and build a hiaher level of public awareness for the
Museum and its cultural proarams on local. national and international basis.
PARTIES CONTACTED REGARDING THE CHANGE: Museum Staff: Ron Jamro, Naomi Goren, Gabriella
Miko; Purchasing Staff: Steve Carnell, Linda Jackson Best, Scott Johnson, Rhonda Tibbetts.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
L Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
L Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
MwU..4A.. -AS~i.~T. Date:
Date:
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 6, 2006
Page 25 of 63
J~
PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725091
BID/RFP #: 04-3724 MOD #:
9
PO#:_ 4500039984_ WORK ORDER #:
DEPARTMENT: Public Utilities EnQineerinQ
Original Contract Amount:
$ 689.000
(Starting Point)
Current BCC Approved Amount:
$ 689.000
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 757.192.94
(Including All Changes Prior To This Modification)
Change Amount:
$ 0
$ 757.192.94
(Including This Change Order)
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $
..4i.19L.'4
tJff. 0 q<? 1-9
,
Date of Last BCC Approval
11/16/04
Agenda Item #
16(Cl6
Percentage of the change over/under current contract amount 0 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section !lI.CA.
CURRENT COMPLETION DATE (8): ORIGINAL: 1/2/06
CURRENT: 5/31/06
SUMMARY OF PROPOSED CHANGE (5): Identify the changes.
exterior wall and bottom of precast
(1) Additional cost for paintinq the
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
Necessary for completion of project
PARTIES CONTACTED REGARDING THE CHANGE: Desiqn professional and Lyn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
- Y - Proposed change is consistent with the scope of the existing agreement
- Y - Proposed change is in fact an addition or deletion to the existing scope
- Y - Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
- Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MA
ATION: This form is to be signed and dated.
L Date: ill I cJrp
Date: S/3,/OP
APPROVE BY:
Proj c
REVIEWED BY:. /)
Con a peciaHst
U
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 '7
June 6, 2006
Page 26 of 63
PROJECT NAME: SCRWTP Lime Softenina Modifications & Uparades
PROJECT #: 700571
BID/RFP #: 05-3743 MOD #: ~ POI: 4500044343
DEPARTMENT:PUED
Original Contract Amount:
$ 1,923,500
(Starting Point)
Current BCC Approved Amount:
$1,923,500
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$1,962,717
(Including All Changes Prior To This Modification)
Change Amount:
-0-
$ 54,758.25 (To be taken out of Contractor's Allowance)
Revised ContractIWork Order Amount:
$1,962,717
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 39,217 (CO 1 only)
"
Total change amounts out of Contractor's allowance: $55,691.88 (CO 2) + 54,758.25 (CO 3) = $110,450.13
Date of Last BCC Approval March 8. 2005
Agenda Item # 10 F
Percentage of the change overlunder current contract amount: 2.04 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Now is
the riaht time to make chanaes and repairs. Contract and BCC approval allows for repairs of unforeseen
conditions.
PARTIES CONTACTED REGARDING THE CHANGE: Steve Lana. Pam Libbv. Paul Mattausch. Karen Guliani
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
Y Proposed change is consistent with the scope of the existing agreement
Y Proposed change is in fact an addition or deletion to the existing scope
Y Change is being implemented in a manner consistent with the existing agreement
Y The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
Date: -~41oG
MAY-04-2006 11:58
COLLI ER CO PRK
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: NORTH COLLIER REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISK
PROJECT #:80602
Agenda Item Nap )~3
June 6, 2006
Page 27 of 63
I~
BID/RFP fi:; 01~189 MOD #:23 PO#:4500037211
DEPARTMENT: PARKS AND RECREATION
Original Contract Amount:
$53,802,645.00
(SUIting Point)
Current Bee Approved Amount:
$42,023,463.30
(Last Tohl Amount Approved by tile BCe)
Current Contract Amount:
$39,073,344.15
(Including All Changes Prior To Thil Modification)
Change Amount:
$226,206.14
$39,299,550.29
(Including This Change Orcle:r)
Revised Contrac:tIW ork Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: ($0-14,503,094.71)
Date of Last Bee Approval: 5/2412005 Agenda Item #16(0)4
.'
Percentage of the change under current contract amount: .6.48%
Formula: (Current Amount I Last Bee approved amount)-1
Results and Actions: If the change exoeeds 10% Bce approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds. please refer to the Contract
Administration Proceduresl Section III .C.4.
CURRENT COMPLETION DATE (S);ORIGINAL: 5/1012006 CURRENT: 6/1712006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This additive Change Order # 23 Is
associated with Hurrlc:ane Wilma preparation and damage repair costs. On October 24, 2005 Hurricane
Wilma slammed into Collier County at 120 m.p.h. and impacted the Park construction. Kraft prepared fo.r
the storm by boarding up buildings, securing materials, and preparing the site for the storm's impact. The
resulting preparation and subsequQnt damage and repair exceeded $200,000. This Change Order # 23 Is
the result of those claims. They include roofing, electrical, pools, carpentry and surveying preparation.
replacement, clean-up, repair and lost time. Collectively these Hurricane related claims add up to
$226.206.14.
JUSTIFICAnON FOR CHANGE (S)~ What value or benefIt do these changes provide to the project?
This Change order is ,8 result of direct Hurricane preparation, repair, rQplacement and clean..up. These
costs have been sent to the insurance company and FEMA, but to date, no claims adjusted ahs been
made. Meanwhile Kraft ahs been holding the oosts for this damage and 's entitled to be compensated for
the damages. Eventually, these costs may be reimbursed to the County. This ohange order has been "
thoroughly vetted with the design professionals, contractor. County staff, Clerk's Finance Office and the
project team. This resulting change order has merit and is substantiated.
.
. .
PARTIES CONTACTED REGARDING THE CHANGE: Public Services Administrator, Purchasing Contra.,~
Specialist, Clerks Finance Department Special Projects Coordinator, COunty Project Manager.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
Revised 4/25/2005
MAY-B4-21306 11: 58 CCLLIER CO PRK
_x_ Proposed change is consistent with the scope of the existing agreement
_x_ Proposed change Is in fact an addition or deletion to the existing scope
_x_ Change is being Implemented in a manner consistent with the existing agreement
_lL The appropriate parties have been ~nBulted regarding the change
->L Proposed prices, fees and costs set forth in the change are reasonable
ATION~ lb.s form is to be signed and dated.
Date: 5/~
ate, enior Project Manager ';}~
t , ! /~ .r- 'iL ~
r Date: J LJj_
, Contract Specialist .
APPROVE BY;
';'
..
"
.~"',
Revised 4/25/2005
Agenda Item Ncp .~3
June 6, 2006
Page 28 of 63
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 6,2006
Page 29 of 63
If.(
PROJECT NAME: Tiaertail Beach Water and Beach Concession PROJECT #: _NA
BID/RFP #: 04-3618 MOD #: 1
PO#: NA
WORK ORDER #: NA
DEPARTMENT: Parks and Recreation
Original Contract Amount:
$ NA
(Starting Point)
Current BCC Approved Amount:
$ NA
(Last Total Amount Approved by the BCC)
$ NA
(Including All Changes Prior To This Modification)
Current Contract Amount:
Change Amount:
$ NA
Revised ContractIWork Order Amount:
$ NA
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ NA
Date of Last BCC Approval Julv 27.2004
Agenda Item # 10.0.4
Percentage of the change over/under current contract amount NA %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasin~
report. For specific information regarding work order thresholds, please refer to the Procurement Administration
Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL: 1/1-"107 CURRENT: ~Z-f:/-01
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. To amend the Concessionaire's agreement to include
the services under Contract 97-2646, Tigertail Beach Food and Beverage Concession.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The origtnal
Concessionaire under Contract 97-2646, Cool Concessions asked to have their agreement terminated with Parks and
Recreation as of May 6, 2006. Recreational Facilities of America, Inc, will be taking over the concession via
amendment to their contract.
PARTIES CONTACTED REGARDING THE CHANGE: Kelsey Ward, Linda Best, Ray Carter, Murdo Smith, Marla
Ramsey.
PlEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
y_ Proposed change is consistent with the scope of the existing agreement
.3_ Proposed change is in fact an addition or deletion to the existing scope
.3_ Change is being implemented in a manner consistent with the existing agreement
.3_ The appropriate parties have been consulted regarding the change
.3_ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER REC MMENDATION: This form is to be signed and dated.
Date: 5'"- !t-o~
~- '1-0 <-
er
Revised 10/5/05
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3
June 6, 2006
Page 30 of 63
-:J..O
PROJECT NAME: 16" Reclaimed Water System Interconnect from Radio Road to Davis Blvd.
PROJECT #: 74035
BID/RFP #: 04-3679 MOD #: 2
POI: 4500040989 WORK ORDER #: N/A
DEPARTMENT:PUED
. -
Original Contract Amount:
$ 891.225.00
(Starting Point)
Current BCC Approved Amount:
$ 891.225.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 921,475.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 11.230.00
$ 932.705.00
(Including This Change Order)
Revised Contract/W ork Order Amount:
Cumulative Donar Value of Changes to this ContractIWork Order: $ 41.480.00
,Date of Last BCC Approval October 26. 2004
Agenda Item # 16-C-2
Percentage of the change over/under current contract amount 4.65% total. (1.26% this change).
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL: 7-22-05
CURRENT: 12-23-05
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. 1. ChanQe Davis Blvd. crossinq to
directional drill. 2. Chanqe strainer basket. 3. Upqrade and reproqram telemetry. 4. Remobilize after easement
acquisition. 5. Reconcile final quantities with estimated quantities.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
1. Unforeseen conditions created conflicts with iack & bore pits. 2. Prevents frequent cloqQinQ of line. 3. Makes
telemetry compatible with new telemetry system. 4. Unforeseen utility conflicts required acquisition of additional
easements to resolve. 5. Adiustment of final quantities.
PARTIES' CONTACTED REGARDING THE CHANGE: Contractor. Desiqn Professional. Wastewater Director.
Purchasinq Department. Skada (Telemetry) Manaqer. and PUED Director.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
_l Proposed change is consistent with the scope of the existing agreement
, L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties haye been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
Revised 10/5/05
Agenda Item No. 16E3 ~ 0
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. pJa~nee 361 ~~~~ . 'f
APPROVED BY:
REVIEWED BY:
Revised 10/5/05
Date: 'f- 17 - 0 IP
Date: ~ ./ ~ -GiJ;
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 -, I
June 6, 2006 "-
Page 32 of 63
PROJECT NAME: Fixed Tenn CEI Services
BID/RFP #: 01-3291 MOD #:-1. PO#: NA
DEPARTMENT: NA
Original Contract Amount:
$ NA
(Starting Point)
Current BCe Approved Amount:
$ NA
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ NA
(Including All Changes Prior To This Modification)
Change Amount:
$ N/A
Revised ContractIWork Order Amount: $
N/A
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ NA
Date of Last BCC Approval March 26. 2002
Agenda Item #
16.E.5
/-
Percentage of the change over/under current contract amount 0 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing
report. For specific information regarding work order thresholds, please refer to the Contract AdmInistration Procedures,
Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL:
NA
CURRENT:
NA
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To increase the hourly rates per March 2006 CPI of 3.7%
and to add three new staffino cateoories.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?T
The contract was extended until September 25, 2006 to allow for CEI services to be conducted until a new contract is
awarded. Since the time of the original contract award, the County's changing business needs necessitate the addition of
personnel categories in order to provide optimal staffing for each work order assignment.
PARTIES CONTACTED REGARDING THE CHANGE: Steve Carnell, Kelsey Ward, Skip Camp, Ron Hovell, Linda
Jackson Best
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
y_ Proposed change is consistent with the scope of the existing agreement
y_ Proposed change is in fact an addition or deletion to the existing scope
y-,- Change is being implemented in a manner consistent with the existing agreement
y_ The appropriate parties have been consulted regarding the change
y_ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER REeO
y
. This form is to be signed and dated.
Date: 5/e/oeo
L .
Date: S7I /to
~ <l
- APPROVE BY:
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E3 '::\_
June 6, 200Q ~
Page 33 of 63
PROJECT NAME: Santa Barbara Blvd./ Radio Rd
BID/RFP #: 00-3062 ,MOD #: ~ CO # 4_PO#:
DEPARTMENT:_TECM_
PROJECT # 62081
WORK ORDER #:
Original Contract Amount:
$ 2,228,072.00 V
(Starting Point)
$_3,735,963.00 V
(Last Total Amount Approved by the BeC)
~
$_3,815,852.00
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$_57,287.00
Revised ContractlWork Order Amount:
~
$_3,873,139.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this CODtract/Work Order: S_1,645,067.00
Date of Last BeC Approval Agenda Item #
Percentage of the change over/under current contract amount_~ ...,g I (p 1 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedu~, Section III.CA.
CURRENT COMPLETION DATE (S):ORlGINAl: May 17, 2002-
CURRENT: June 30, 2008
SUMMARY OF PROPOSED CHANGE (S): Modify the current 100% Signalization Plans and complete
Permit Applications.
JUSTIFICATION FO~ CHANGE (S): Collier County TECM staff requested redesign of four (4) signalized
intersections, using mast anns in lieu of the manotube structures to reduce the cost of c'onst..uctlon and
replacement of the structures. The additional environmental services are required to obtain the necessary
penn its.
PARTIES CONTACTED REGARDING THE CHANGE: Rhonda'Rembert, Jay Ahmad, Gary Putaanssu,
Wilson Miller '
IMPLEMENTATION STEPS (Verify each before proceeding wjth Change using Y, N or N1A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y The appropriate parties have been consulted regarding the change
_Y,-- Proposed prices, fees and costs set forth in the change are reasonable
Revised 4/25/2005
Agenda Item No. 16E3 """\-.
June 6, 2006 oC~C\
PROJECT MANAGER RECOIIMENDAnON: This fonn Is to be signed and dated. Page 34 of 63 -
~
APPROVE BY:
P .
REVIEWED B .
Con
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3~ 3
June 6, 2006 0<
Page 35 of 63
PROJECT NAME: Golden Gate Grade Separated Overpass
BID/RFP #: 04-3653 MOD #: 10
PO#:
PROJECT #: 60006
WORK ORDER #:
DEP ARTMENT:T.E.C.M
Original Contract Amount:
$ 35.397.385.35
(Starting Point)
Current BCC Approved Amount:
$ 35.397.385.35
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 35.397.385.35
(Including All Changes Prior To This Modification)
Change Amount:
$32.097.45 -
Revised Contract/Work Order Amount:
$ 35.429.482.80
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 32.097.45
Date of Last BCC Approval July 27,2004 Agenda Item # 10 (f)
Percentage of the change over/under current c~~tract amount .~. 0 C; %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL: September 26.2006: CURRENT: November 19.2006
SUMMARY OF PROPOSED CHANGE (S): Addition of Subsoil Excavation (Unsuitable Material Removal)
(Adding $32,097.45 to Contract Amount from Landscape Contract Amount) OG"-367.E!.
JUSTIFICATION FOR CHANGE (S): Roadway Items Allowance used to provide the addition of Subsoil
Excavation (Unsuitable Material Removal)
~.~: :\\77~ - ....~. ';rr' . '~,'" ~..-
PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and approved by Lynn Thorpe, P.E..
Principal Proiect ManaQer T.E.C.M.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
LProposed change is consistent with the scope of the existing agreement
LProposed change is in fact an addition or deletion to the existing scope
y"Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
LProposed prices, fees and cost set forth in t!le C~~I!g~J"reJ~~~Qr;!?l;>le,.
Tit .(: '.,'1 -. '
Revised 10/5/05
APPROVE BY:
PROJECT MANAGER RECOMMENDATION: ThiS form Is to be signed and dated. Agenda Item No. 16E3
June 6, 2006
t Date: ;'/z:.lof- Page 36 of 63
DlI!!;__' -if; /&6
~3C\.
_.
Revised 10/5/05
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16~ t.f
June 6, 2006
Page 37 of 63
PROJECT NAME: Immokalee Rd.. Collier to 43rd. Ave NE
#: 60018
BID/RFP #: 02-3419 MOD #: 6 POI: 45-00002113
#:
PROJECT
WORK ORDER
""r~~1J'Dft
JI,"~ .....: ~~.;~~- ~1 DU
DEPARTMENT: TE&CM
Original Contract Amount: $ 28.986.526.90
(Starting Point)
. ,.rqnsportation
.~.l_.~. hp-',-J
Current BCe Approved Amount:
s
33.938.025.18
(Last Total AmOWlt Approved by the BCC)
/
Current Contract Amount:
$
34.747.601.90
(Including All Changes Prior To This Modification)
V""
Chan~ Amount:
$ 97.472.64
Revised ContractIWork Order Amount:
$ 34.845.074.54
(Including This Change Order)
/
Cumulative Dollar Value of Changes to this Contractl\\'ork Order..-5 ~~8~..s.c7.64
5i ~58IS"i, ~~.
Date of last BCC Approval November 18 2003
86
V Agenda
Item
#
-12..
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last BCC approved amount)-1
2.67
%
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then Bce approval is required; equal to or less than 10%
reported to BCC by the purchasing department. eCNA Work Orden;; For aU wortt orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the sec administratively. Changers .to..!tiese wortt orders that exceed those
thresholds require prior BeC appf1lJ31. , NON.cCNA Work Orders: If the change exceeds 10% of the current.~CC amount, then BCC approval is
required. If in doubt. con tad your colbract-specialist. For more specific information regarding work order thresholds, please refer to the7ro rement
Administration ProcedUCBSr5ection N:3 .d.-.-::;"'~
( '-. ~ -,"j .~~:.
. ~
CURRENT COMPLETION DATE (S):ORIGINAL: October 14,2007 CURRENT: Aoril17,2008
SUMMARY OF PROPOSED CHANGEi6): Identify the changes. Added pay Items to cover damage done by
last years stonns. added MOT. Road cleaning. Change in signalization items-and increased line items as
needed.-'
JUSTIFICATION FOR CHANGE (8): What value or benefit do these chailges provide to the project?
Collier County Requested the addition of dual turn lanes on Oil Well Rd. improvina traffic flow.
Emergency flood relief was needed at North Wilson and necessitated the added box culvert and canal
cleanup per SFWMD. Non iob related debris was accumulating in the roadWay ( do to the haul route of
Dump trucks from all the various fill pits) and the County instructed the contractor to clean UP for the
safety of the traveling public, Increased existinQ Dav items as needed to expedite construction and' -..
properly construct the proiect. added sianal pay Items as needed to relocate'a shmal mast arm for fu, .
turn lane at Randal Blvd. and allow siunals to work properly during construction as reQuested by the
county. added 6 days due to Tropical stonn activity .
Revised 3/29/06
PARTIES CONTACTED REGARDING THE CHANGE:
Bob Tipton
:'Agenda Item No. 16E3 211 n
i. June 6, 2006 ..-, "'\
. , Paqe 38 of 63.
APAC, Lvnn Thorpe, Johnson Enolneenna. sFWMD.
.;
,:{,
IMPLEMENTATION STEPS (Verify eacAWore proceeding with change using V; N or N/A)
_X_ Proposed change is consistent with ~ .~pe of the existing agreement
_X_ Proposed change is in fact an addition or peletion to the existing scope
_X_ Change is being implemented in a mann.er consistent with the existing agreement
_X_ The appropriate parties have been consulted regarding the change' .
_X_ Proposed prices, fees and costs set forth in the change are reasonable
.U
....<..
l ,~
"'n
1"
..;t
;
",
..--,
Revised 3/29/06
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 ~ 5
June 6, 2006
Page 39 of 63
PROJECT NAME: Good.eUe-Frank Road Widening
PROJECT #: 60005
BIDIRFP #: 05-3851 MOD #: 2 PO#: 4500048619 WORK ORDER #: N.A.
DEPARTMENT: Transoortation Engineerina and Construction Management
Original Contract Amount:
$ 15.800.000.00
(Starting Point)
Current Bee Approved Amount:
$ 15.800.000.00
(Last Total Amount Approved by the BeC)
Current Contract Amount:
$ 15.800.000.00
(Including All Changes Prior To This Modification)
Change Amount:
$
0.00
Revised Contract/Work Order Amount:
$ 15.800.000.00
(Including This Change Order)
Cumulative DoRar Value of Changes to this ContractIWork Order: $ 0.00
Date of Last BCe Approval June 28. 2005
Agenda Item # 10 0
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last Bce approved amount)-'
o
%
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval Is required; equal to or less than 10%
reported to Bee by tile purchasing department CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the Bce administratively. Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount. then BCC approval is
required. If In doubt, contact your contract specialist For more specffic information regarding work order thresholds. please refer to the Procurement
Administration Procedures. Section 1V.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: November 1. 2006 CURRENT: November 22.2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Adjusting the date for the substantial
comoletion of the first milestone to Mav 1st. 2006 and the final completion date for the first milestone to Mav 31st,
2006.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project'?
The need to revise the completion dates for the first milestone were due to numerous Utility conflicts whicl'1
prompted several desion chanoes necessary to construct the drainaae svstem.
PARTIES CONTACTED REGARDING THE CHANGE: Charles McCleaf (John Carlo. Inc.): Tom Dear and Dennis
Dav (PBS&J); Richard Walker (American Enaineerina); AI Ruth and Lvnn Thorpe (Collier County Transportation).
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreemenUCEIVED
l The appropriate parties have been consulted regarding the change ,
N/A Proposed prices, fees and costs set forth in the change are reasonable
MAY 11 2006
PROJECT MANAGE' R~COMM7NDATION: This form Is to be signed and dated. Transportation
/ / I ~ ~ ~ I. ), "-.'tog Department
APPROVE BY: (,-7'" t---- /'(. ~. ?/r- Date: .5 /1 ?{:!>
/
Revised 3/29/06.'
J
p~=& / Ak
_ REVIEWED BY' _ ~~ate:c..5:.a.
C ntract Specialist /. .
Agenda Item No. 16E3
June 6, 2006 ~5~
Page 40 of 63
Revised 3/29/06
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16~3 _
June 6, 2~
Page 41 of 63
PROJECT NAME: Goodlelte-Frank Road Widenlna
PROJECT #: 60005
BIDIRFP #: 05-3851 MOD #: ~PO#: 4500048619 WORK ORDER #: N.A.
DEPARTMENT: Transportation Enaineerlna and Construction Manaaement
Original Contract Amount:
$ 15.800.000.00
(Starting Point)
Current BeC Approved Amount:
$ 15.800.000.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 15.800.000.00
(Including All Changes Prior To This Modification)
Change Amount:
$ -300.050.00
Revised Contract/Work Order Amount:
$ 15.499.950.00
(Including This Change Order)
Cumulative Dollar Value or Changes to this ContractlWork Order: $ -300.050.00
~
Date of Last Bce Approval June 28. 2005
Agenda Item # 10 0
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-1
-1.9 %
Results and Actions: Contracts: If the change exceeds 10% of the current BeC amOlllt, then BCC approval is required; equal to or less than 10%
reported to BeC by the purch!l8lng department CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the see administratively. Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-CCNA Wort< Order8: If the change exceeds 10% of the current BCC amount, then BCC approval Is
required. If in doubt, contact your contract specialist For more speclfic information regarding wor!< order threshol~s. please refer to the Procurement
Administration Procedures. Section 'V.3.d ..
CURRENT COMPLETION DATE (S):ORIGINAl: November 1. 2006 CURRENT: November 22. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Reduced the Re-use Water Main quantity.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
The money was needed to Day for relocation of FPl Transmission lines o,fthe croiect that are in conflict
with croDosed imcrovements. Much of the Re-use Water Main was eliminated from the Droiect due to desion
chanoe.
PARTIES CONTACTED REGARDING THE CHANGE: Charles McCleaf (John Carlo. Inc.); Tom Deer and Dennis
Day (PBS&J); Richard Walker (American Enaineerino); AI Ruth. Lvnn Thorpe and Lisa Taylor (Collier County
Transcortation); Chic Frankhauser and Nalesh Shaw (FPL). . . ... .
IMPLEMENTATION STEPS (Verify each before proceeding with change usingY, Nor NJA)
L Proposed change is consistent with the scope of the existing agreement ; RECEI'Wmn
L Proposed change is in fact an addition or deletion to the existing scope . ~~. . . .. DU
l Change is being implemented in a manner consistent with the existing agreement v 1 2 ~
l The appropriate parties have been consulted regarding the change M~I LUUU
L Proposed prices, fees and costs set forth in the change are reasonable . , TraOiportation
Enoineering ~.
RE OMMJNDATION: This form is to be sl.gned and da~. -
'.. C~L Date: ~-;)/k?- /.
/ /
APPROVE BY:
Revised 3/29/06
Revised 3/29/06
#
Agenda Item No. 16E3 ,,-
.~ /;5' ) "~ June 6, 2006 c<.' q
Date: v / " /~ Page 42 of63
~ -,
/.,.
,
BID/RFP #: 04-3583 MOD #: 3
DEPARTMENT: T.E.C.M.
PO#:~ 4500031468 WORK ORDER #:
Agenda Item No. 16E3 ""l1
June 6,2006 (;11-
Page 43 of 63
RECEIVID
MAY.. rf 2006
, T~tion
...L.... a1lP""'_J
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Vanderbilt Beach Road CR 862 PROJECT #: 63051
Original Contract Amount:
S 2.074.542.00
(Starting Point)
Current BCC Approved Amount:
S 2.074.542.
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 2.074.542.00
(Including All Changes Prior To This Modification)
Chang,e Amount:
$ 206.883.00
Revised ContractIWork Order Amount:
$ 2.281.425.00
(Including This Change Order)
~
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 206.883.000
V".--
Date of Last BCC APproval~ Agenda Item # J \) l
Percentage of the change over/under current contract amount 9.9 %
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current Bee amount. then Bee approval is required; equal to or less than 10"k reported to
BeC by the purchasing department CCNA Work 0rc:IenI: For all work orders that exceed $90,000 where the change does not exceed 10% or $10.000. these
changes are reported by the Purchasing Department to the Bee administratively. Changers to these work orders that exceed those thresholds require prior BCe
approval. NON-CCNA Wortl: Orders: If the change exceeds 10% of the current ace amount. then ace approval Is required. If in doubt contact your contract
specialist. For more specific Infonnation regarding work order lhreshoIds, please refer to the Procurement Administration Prcicedures. ~ion IV.3.d.
CURRENT COMPLETION DATE (S}:ORIGINAL: January 23. 2008 CURRENT: January 23. 2008
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. This change order will add Scott Franklin of Allied
TestinlZ for the position of Senior Utility Inspector for this proiect at the rate of $67.00/ Hr. and increase the hours for the
Utility Inspector.
J~,::(l~lCA TION FOR CHANc:;E (5): What value or benefit do these cha~ges provide to the project?
., ~" "', '. ' ,"',' , ,
. . '
"':'Sr.lri' ;'''-'s 'coverirf the roO with work at ach end of'thls five mile I' '.,
PARTIES CONTACTED REGARDING THE CHANGE: : Lvnn R. Thome P.E.. Principal Proiect Manager. Collier County
Transportation Enaineering & Construction Management Deoartment.: Eddie Martin. Proiect Manger. Collier County
Transportation Enaineering & Construction Management Department:
IMPLEMENTATION STEPS (Verify each before proceeding with change using VI N or N/A)
L Proposed change is consistent with the scope of the existing agreement (
L Proposed change is in fact an addition or deletion to the existing seope ."
L Change is being implemented in a manner consistent with the existing agreement .'~l
-X- The appropriate parties have been consulted regarding the change '.
L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY: Date: .,s--/p-l) f,
REVIEWED B:11 e: <.5- / s~t3 ~
Con
r.
,;
: ~.
';if
"",i
Revised 3/29/06
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
" Agenda Item No. 16E3-,..,
June 6, 2006 or..J
Page 44 of 63
PROJECT NAME: Disaster Debris Removal Hurricane Wilma
PROJECT #:
"~'~ "
BIDIRFP #: 05-3661 MOD #: -1.-PO#4500059991 WORK ORDER #:NJA ' .!
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
$ 1.215.000.00
(Starting Point)
J'
Current BCe Approved Amount:
$1.215.000.00
(Last Total Amount Approved by the BCC) . >
Current Contract Amount:
$1.215.000.00
(Including All Changes Prior To This Modificati.9:.~l
Change Amount:
$121.500.00
$1.336.500.00
(Including This Change Order)
-~:-.' "
. ','w.
. r:.
.:;;-~...,,: .
100,....""'.
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $121.500.00
_ Date of Last BCC Approval March 14. 2006
Agenda Item # 1-0B
Percentage of the change over/under current contract amount 10.0 ...-., %
Formula: (Current Amount! La'st BCC approved amount)-1 "_
Results and Actions: If the change exceeds 10% BCe approval is required; und~.t1.0% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, pl~l:lse refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAl: Mav 23.2006 CURRENT: June'23. 2006
,
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The orlalnal. contract Included debris
removal from approxlmatelv 40 miles of canals. Upon further evaluation" additional work has been
Identified beyond the 40 miles.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Additional canal debris removal can be accomDlIshed under the arant I:Jfovided bv NRCS.
PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Manaaement Director. Purchaslna
Contract Soeciallst
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y;~.N or NJA)
Y Proposed change is consistent with the scope of the existing agreement
':L Proposed change is in fact an addition or deletion to the existing scope:',~'
':L Change is being implemented in a manner consistent with the existing agreement: .
':L The appropriate parties have been consulted regarding the change .
Y . Proposed prices, fees and costs set forth in the change are reasonable
- PROJECT MANA E RECOMM NDI\TlON: This form Is to be signed and dated~
\PPROVE BY: Date: s- '8' -0 .t> ._-
Sr., r ec Mager j /~ / ~ 1'_ '
REVIEWED BY: Date:0 / / v I (/ v
COntract Specialist {' "~
Revised 4/25/2005
Agenda Item No. 16E3 I
June 6, 2006
Page 45 of 63
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM 04125/05
PROJECT NAME: Farm Worker's Villaae Access Road Crossina PROJECT:It: 517012
BIDIRFP #: 04-3535 MOD #: ~ POt: 4500047622 WORK ORDER#: UC. 109
DEPARTMENT: Storm Water Manaaement
Original Contract Amount:
$ 414.458.00
(Starting Point)
Current Bce Approved Amoun~
$ 414.458.00'
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 434.958.00
(Including All Changes Prior To This Modification)
Change Amount:
Revised ContractIWork Order Amount:
$ 19.971.00
$ 454.929.00
(Including This Olange Order)
".1'''''-
: \.~
\("\
.~..~~
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 434.91,.994'O)J.f71 J)() fl..I
Date of Last BCC Approval: 06/14/05
Agenda Item # 16 B 15
Percentage of the change over/under current contract amount 9.76 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; Llrder 10% reported to
BCC on Purchasing report. For specific information regarding work order thresholds, please refer to
the Contract Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (8); ORIGINAL: Mav 22.2006 CURRENT: M~v 22.2006
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. To adiust the current Work Order
Tasks via this Chanqe Order and increase the currently issued Purchase Order in the amount of
$14.500.00 to add additional work to be Derformed bY the Contractor and theirSub. Also. to include
an additional $5.000 for the Performance and/or Payment Bond. The additional Task/Service was not
included as a Day item within their oriqinal Work Order.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This WOik Order addresses the reauirement to reinstall both electrical and sianal system to current day
Traffic Operations construction requirements. The Performance and/or Payment Bond was orioinallv not
required by the Owner but has been reauested to be provided bv Finance. The Bid Schedule under their
Quote did not include a oay item for this work under any of the Task Items.
....
PARTIES CONTACTED REGARDING THE CHANGE: Contractor - Joel Chamber. Ooerations Manaqer
Haskins. Inc.; Desion Professional- Dan Brundaqe P.E. AB&B Inc.; Jerry Kurtz. Collier County Princioal
Proiect Manaqer; and Rhonda Rembert. Purchasinq Deoartment
Agenda Item No. 16E3
June 6,2006
Page 46 of 63
lq
IMPLEMENT AnON STEPS (Verify each before proceeding with change using Y, N or N1A)
.u Proposed change is consistent with the scope of the existing agreement .
~proposed change is in fact an addition or deletion to the existing scope :'~
~ Change is being implemented in a manner consistent with the existing agreement
~he appropriate parties have been consulted regarding the change . :
~Proposed prices, fees and costs set forth In the change are reasonable
Date:
Date:
"
i.'
Agenda Item No. 16E3
June 6. 2006
CONTRACT/WORK ORDER MODIFICATION Page 47 of 63
f) J I CHECKLIST FORM /l P
, u 13(..., I~ v.. II J,.. ( TI-&"S c/P€-!2A-r/ t2 ~ s cE)J r5 '\
PROJECT NAME: SCWnF 2nd FJeQr Preees& Control Bttilding Expansioo PROJECT #: 70059/73072
~
BID/RFP #: 01-3235
MOD #: 1
POt: 4500016160
WORK ORDER #: VL-02-10
DEPARTMENT: Public Utilities Enaineerino
Original Contract Amount:
$ 89.500
(Starting Point)
Current BCC Approved Amount:
$ 89.500
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 89.500
(Including All Changes Prior To This Modification)
Change Amount:
$ 9.935
$ 99.435
(Including This O1ange Order)
Revised ContractfW ork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 9.935
Date of Last BCC Approval
9/23/03
Agenda Item #
16C
Percentage of the change over/under current contract amount 11.1 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section /lI.CA.
CURRENT COMPLETION DATE (S): ORIGINAL: 7/9/2005
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
CURRENT: 6/1/2006
See Attached chanqe order.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Additional desiqn and enqineerinq work was required durinq construction which were necessary to provide an
acceptable facility for the proposed occupancy
PARTIES CONTACTED REGARDING THE CHANGE: Desion professional, and Lyn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A) .
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT
Date: 1//2;/66
Revised 4/2512005
PROJECT NAME: Tc;uV\iC\",,~
FT Cc"nct
BID/RFP #: rJ.>-)t~1 MOD #:
DEPARTMENT:J \A ED
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Wl"l\~ 6-;J7 E\ec.ir;a..!/PROJECT#: '7/03g
c...e .'\. -t. ,"C' I LA f 5. n:-.a 'e S
POI: t./soooL/t;;70 WORK ORDER #:
Agenda Item No. 16E3
June 6, 2006
Page 48 of 63
3
A~^dmet'\.t ~ 1 1:0
IU0-Fi-O.s-- 03
Original Contract Amount:
$ ss: L/ DO. ~
(Starting Point)
Current BCC Approved Amount:
$
Current Contract Amount:
(Last Total Amount Approved by the BCe)
$ ~ f./OO, tW
(Incluaing All Changes Prior To This Modification)
co
$ t.3,i.J'fO-
,
~o
$ 6'8. 15l.fO. --
(Including This Change Order)
Change Amount:
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $
J ~ 440.
,,0
;;--
Date of Last Bee Approval
rJA
.
Agenda Item #
Percentage ofthe change over/under current contract amount ;2t./. ::Jf., %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL:
6~sk'
CURRENT:
01h7
Se
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
~;t:;J I ~;;~~~<1t;:;..:~:;r,~::7r";:-;e1;~ ~f;"re41"~ "ct -i~ 1<<,< and
PARTIES CONTACTED REGARDING THE CHANGE: PlAYLha,S,,,S' w4ier- .Oi..sir-;blA"L'oi1
e . y\ . J<.5 t1 'V'\eers '
1M LEMENT A ION STEP (Verify each before proceeding with change using Y, N or N/A)
Y Proposed change is consistent with the scope of the existing agreement
! Proposed change is in fact an addition or deletion to the existing scope
Change is being implemented in a manner consistent with the existing agreement
The appropriate parties have been consulted regarding the change
Proposed prices, fees and costs set forth in the change are reasonable
Date:
Agenda Item No. 16E3
June 6,2006
CONTRACT/WORK ORDER MODIFICATION . Page 49 of 63
c/~O!- CHE~~~ f ~a~
PROJECT NAME: SCWRF .end Floor p~~ontrgl B'Iilding Expansion PROJECT #: 73963
BID/RFP #: 01-3292 MOD #: 1.. POI: 4500060617 WORK ORDER #: CHM-FT-3292-06-02
If
DEPARTMENT: Public Utilities Enaineerina
Original Contract Amount:
$ 89.860
(Starting Point)
Current BCC Approved Amount:
$ 89.860
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 89.860
(Including All Changes Prior To This Modification)
Change Amount:
$ 0
Revised ContractIW ork Order Amount:
$ 89.860
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 0
Date of Last BCC Approval
Agenda Item #
Percentage of the change over/under current contract amount 0 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S): ORIGINAL: 6/1/06
CURRENT: 6/1/2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
See Attached chanoe order.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This chanqe order is to reallocate money between Tasks 1 throuqh 5 and add additional Task 6 for
Additional Services. Please reference the attached~: ~ "'M A:Dd scope of work
PARTIES CONTACTED REGARDING THE CHANGE: Desion orofessional. and Lvn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT M
TION: This form is to be sign a1 dated.
Date: i:2! /Q~
Date: '-1/ ..j 7/0",
{ I
APPROVE BY:
Pr e
REVIEWED BY:
Contract
Revised 4/25/2005
Agenda Item No. 16E3
June 6, 2006
Page 50 of 63
s-
PROJECT NAME:
CONTRACT/WORK ORDER MODIFICATION
~ CHECKLIST FORM
J.~~ 0~/..o G t]fiRT ~G PROJECT#:
None
BIDIRFP #: 04-3584MOD #:
DEPARTMENT: UBCS
01
Pot: 4500052886
WORK ORDER #: AWP-FT -os.o3
Original Contract Amount:
$ 2,500.00
(Starting Point)
Current BCC Approved Amount:
$ N/A
(Last Total Amount Approved by the Bce)
Current Contract Amount:
$ 2.500.00
(Including AD Changes Prior To This Modification)
Change Amount:
S 1.803.61
Revised Contract/Work Order Amount:
$ 4~03.61
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractJWorkOrder: S 1.'8&.1 1;.5' t!J. 3.1,1
Date of Last BCC Approval Agenda Item #
Percentage of the change over/under current contract amount 72.1 ~ %
Formula: (Current Amount 1 Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds. please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAl:
11/21/05
CURRENT: 4102106
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. _ Additional mailin9s to international customers and
to Dav commission fees that were not Daid prior bv finance. -
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
PARTIES CONTACTED REGARDING THE CHANGE:
Teresa Riesen and Cindy Dobvns
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
L Proposed change is consistent with the. scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
L Proposed prices, fees nd costs set forth in the change are reasonable
APPROVElBY:
R 1eCt
REVIEWED BY:
Con
MENDATlON: This fonn is to be signed and da ed.
o ~~: ~u
Date: 0/2 ?/ol,
Revised 10/5/05
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 G
June 6, 2006
Page 51 of 63
PROJECT NAME: SCRWTP Lime SofteninQ Modifications & UpQrades
PROJECT #: 700571
Work Order: CDM-FT-04-02_Change No.1 PO#: 4500022297
DEPARTMENT:PUED
Original Contract Amount:
$690,664
(Starting Point)
Current BCC Approved Amount:
$690,664
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$690,664
(Including All Changes Prior To This Modification)
Change Amount:
$--~~-
tJ 8; J,J. 0
Revised ContractJW ork Order Amount:
$; 7$"'3; f ~Ii- .. .-
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 68,794
Date of Last BCC Approval December 16. 2003 Agenda Item # 16 C 13
.. """l.. I
Percentage of the change over[under current contract amount~ ~ 18 ~
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section /lI.CA.
ORIGINAL FINAL Completion Date: November 26.2005
Revised Completion date per March 23, 2006 Extension Letter: June 26. 2006
New Completion date: 135 days from date of Notice to Proceed for this Chanae Order
SUMMARY OF PROPOSED CHANGE (S): Continuation of construction services until proiect completion.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project. This
change provides needed engineering construction services for life of project - especially as new needed repairs
are identified.
PARTIES CONTACTED REGARDING THE CHANGE: Rov Anderson. Paul Mattausch, Karen Guliani. Howard
Broodon
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
Y Proposed change is consistent with the scope of the existing agreement
Y Proposed change is in fact an addition or deletion to the existing scope
Y Change is being implemented in a manner consistent with the existing agreement
Y The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
Date: ~<I/()b
05/65/2066 e7:5
MITCHELLSTARK
Agenda Item No. 16E3
June 6, 2006
Page 52 of 63 1
PAGE 135/06
RACTIWORK ORDER MODIFICATION
CHECKLIST FORM
i
PROJEiCT NAMe: ncy air to Reuse Una at Riveria Golf Course PROJECT #; UC 214
!
BIDIRFP ik 04-$535 M #: PO#:450DD812S1 WORK ORDER #:UC..214
DEPARTMEN1): W
S 3,SOO.OO
(Stllrtlllg Point)
~
Origlw Contrict
,
,
Current Bee ~p
mo
$
Current Coutriact
i
i
Change Amo~t;
l
Rerlsed COQtf
I
l
CUlDulative riou.r
/
(lAd Total AmnUllt ~rovcd by ~e sce)
$3,500:00
(1nc:llld~ All Cbl\nges Prior To 11ti:; Modl1lDatiOll)
Date of Last/acc Agenda IIz:m #16ES
)
pen::enr.ge PI the
Formula: (cUrre A nt I L sf Bee approved amount)-1
Results an~ Acti . L the c ange exceeds 10% Bee approval is requiredj under 10% reported to sce on
PUrchasing !repo. r sp . Ie infom'latlon regarding wort< order thresholds, please refer to the Procurement
Admini&'tratPn P res, S ction lV.3.d
i
~ 260.15
S3~9.~ S 7~CJ.;lS'
(lllchlllLl1l This Change Order)
ges to thi5 CoRtralltlWork Orden $ 260.25
CURR5NT:
CHANGE (S): Identify th", chalIges. Marj: up of 5% on. Materials 1'bis was an.
. red amount of $3 ,500.
IE ARCING THl: CHANGE: Pamel.. Ubby. Water Operations Mgr
IMPLEMENTA N TE (Verify aach befonl proceeding with dtange ucing VI N ttt NlA)
Y Prop~sed Is 0 slstent with the s~ope of the existing agreement
N/A !=Imposed h n e is n act an addition or deletion to the eXisting scoJl)El
Y Change is e n imp ented. in a manner con.sistent with the existing agreement
Y The qppm Ii t pa have been consulted regarding the change
Y Propbsed rl , f d costs aet forth in tha change are reasonable
I
PROJE~T o MlIAENDA iION: This form is to be signed and dated.
Da!e: S/ti/cc(;
Date: S; f/ tJb.
Revised 10/5
I
j;J~ 39Jd
l
I
l
:lSIU ~311;;1M :xl
gpa8E9l6€~ BS:8! 9~E~Jpa/se
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E3 'V
June 6,2006 0
Page 53 of 63
PROJECT NAME: IT Renovations PROJECT #: 52525
BIDIRFP.: 02-3349MOD #:
DEPARTMENT: Facilities
1
POI:4500059390 WORK ORDER #:SC-02-144
Original Contract Amount:
$ 18t664.00
(Slxting Point)
Current Contract Amount:
$
(Last Tcul Amouat Apprtmd by lbc BCC)
$18,684.00
(IDcludiDg All ChIBgcs Prior' To This ModifiaIticlIl)
$1,079.10
Current BCC Approved Amount:
Change Amount:
519,743.10
(IDcIuding This CIImge Order)
Cumulative DoDar Value of Chances to this ContraetlWork Order: $1,079.10
Revised ContractlWork Order Amount:
Date of Last BCC Approval
Agenda Item #
Percentage of the change over/under current contract amount 5.78%
Fonnula: ~vised Amount I Last Bee approved amount)-1
RestJta and ActIons: Contracts: If the change exceecIa 10.. of the currert Bee amount, then Bee approval Is requlnld; equal to or Ieaa than 10CJl.
I'llpOI'twd to BeC by tha purchaalng department. CCNA Work Ordera: For all work orders that exceed $90,000 where the change does not exceed 10..
or $10,000. u-e changes are reported by the PuRlhalllng Department to the BCe administratively. Changers to these work orders that exceed those
threehold8 reqwlre prior BCC approval. NON.cCNA Work Orden: If the change exceed. 10CJl. of the current acc amount, then BCe approval Is
requir1ld. If In doubt, contact your contract 8J)eC1a11at. For more spec:lflc Information regarding work order thraIholda, pleaaa refer to the Procurement
Adrnlnlatr8tion ProcedLnlS, SectIon IV.3.d.
CURRENT COMPLETION DATE (S):ORlGINAl: 45 days after oennit
SUMMARY OF PROPOSED CHANGE (S): Add Bulkhead.
CURRENT:.iI-15196 'IllS /0(.
fIt~
JUSTlRCA TION FOR CHANGE (5): Ceiling could not be reconfigured as air handler was in the way.
PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes, George Westgate.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A)
_X_ Proposed change is consistent with the scope of the existing agreement
_X_ Proposed change is in fact an addition or deletion to 1I1e existing scope
_X_ Change is being implemented in a manner consistent with the eXisting agreement
_X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
PRO~~ 'ANAGER RECOMMENDATION: This fonn is to be signed and dated.
APPRayE S' Date: "/ Y () t
p ~ect I ~?~ / /
REVIEWED BY: Date: .07/610
C I I
Agenda Item No. 16E3 Q
June 6, 2006 I
Page 54.of 63.
i
I
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
I
PROJECT NAME: Deslon CountvlNaDles Beach Renourishment PROJr:CT #: 905271
Contact #:01-3271 MOD#:2 PO#: 4500056875 WORK ORDER #: CPE-FT.06-06
DEPARTMENT: Tourism
Original Contract Amount:
$ 225.000.00
(Starting Point)
Current BCC Approved Amount:
$ 225.000.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 225.000.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 22.498.00
Revised ContractlWork Order AmoUDt:
$ 247.498.00
(Including This Change Order)
Cumulative DoDar Value of Changes to this ContraetlWork Order: $ 22.498.00
Date of Last BCC Approval 12-13-05
Agenda Item #
16F8
Percentage of the change under current contract amount 9.99%
Fonnula: (Current Amount I Last Bce approved amount)-1
Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section lII.e.4.
CURRENT COMPLETION DATE (S):ORlGINAL: Julv 7. 2006CURRENT: Julv 7.2006 !
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional funds reauired for completion of
contract.
,
JUSTIFICATION FOR CHANGE (S): What value' or benefit do these' changes .provide to the project?
The follow/no additional tasks were added to the proiect. These tasks increased the support level reauired
bv CP&E and are outlined as follows: 1. Preoare permit modification reauest for construction durino sea turtle
nestino season. attend meetines and answer RAI to support these reauests. 2: Seek permit modification for
increased permit volume for Vanderbilt and Naoles Beaches. and assist contractor with his modification reauest.
3. Desion and modify beach fill cross-sections at 100 foot intervals for construction bv the contractor. 4. Assist
with administrative and technical support task as reauested. 5. Additional days of construction observation.
PARTIES CONTACTED REGARDING THE CHANGE: Coastal Plannina: Gary Mcalpin. LvnWood
IMPLEM ENTATION STEPS (Verify each before proceeding with change using Y,N or N/A)
_ Y _ Proposed change is consistent with. the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY: ~l-- Date: 5'//.f J (76
Ga M Ipln. roj n ger c1 r I
REVIEWED BY: Date: ~I 1/ () G
LynW
l
Revised 4/25/2005
)
-"""
:!ii.,;.....i ...-.... ". <
. ..":t!' <f:itI: .,. .
- '.' -. ~
:',.:~,\"~"""',2.... .
.~;-_..~...~;.;:j.i~ij' ~~.~'.~~.~;,~~~ti~.
l~'''-''- .p,........ilO ......::.'<:!!'L~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E~1"l
June 6, 20r!6V
Page 55 of 63
PROJECT NAME: Emergency Repair of Lift Station at South Water Plant PROJECT #: UC-213
BIDfRFP #: 04-3535 MOD #:
I
PO#:4500060837 WORK ORDER #:UC-213
DEPARTMENT: Water Distribution
Original Contract Amount:
S 116,500.00
(Starting Point)
Current BeC Approved Amount:
$
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 116,500.00
(Including All Changes Prior To This Modification)
Change Amount:
$ (127.70)
$ 116,372.30
(Including This Change Order)
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $ (127.70)
Date of Last BCC Approval 3/9/04 Agenda Item #16E6
Percentage of the change overfunder current contract amount(~ "'\ (. i 0 % j
Formula: (Current Amount I Last BCC approved amount)-1 \.'
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to Bce on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Mark up of 20% on Materials. This was an
emergency work order. With an estimated amount of $116,500.00.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
The new invoice reflects Mark up of 20% on Materials
PARTIES CONTACTED REGARDING THE CHANGE: Pamela Libby, Water Operations Mgr
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
Y Proposed change is consistent with the scope of the existing agreement
N/A Proposed change is in fact an addition or deletion to the existing scope
Y Change is being implemented in a manner consistent with the existing agreement
Y The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
APPROVE B :
TION: This form is to be signed and dated.
Date: S //~./06
Date: qI6,/O G
Revised 10/5/05
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E311
June 6, 2006
Page 56 of 63
PROJECT NAME: Goodlette-Frank Road (PRR-VBRl Landscaoe Architectural Service PROJECT #:601344
BID/RFP #: 04-3614 MOD #: -LPO#: 4500057420 WORK ORDER #: TlO-AGB-3614-06-02
DEPARTMENT: ATM - TransDOrtation
Original Contract Amount:
S 48.192.50
(Starting Point)
Current BCC Approved Amount:
$ N/A
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 48.192.50
(Including All Changes Prior To This Modification)
Change Amount:
$ 4.790.00
$ 52.982.50
(Including This Change Order)
',. 1; .,
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this CODtractIWork Order: $ 4.790.00
Date of Last BCC Approval N/A Agenda Item # N/A
Percentage of the change over/under current contract amount 9.94%
Formula: (Current Amount! Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III. CA. "
CURRENT COMPLETION DATE (S): ORIGINAL: January 17.2008 CURRENT.: June 17. 2008
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional work to include the medians on
Golden Gate Parkwav that are beine modified bv the roadwav work. This will include median landscauine
and street trees wherever auulicable. This additional work will add $4.790.00 to the work order.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
Modifications to the medians due to roadway construction.
PARnES CONTACTED REGARDING THE CHANGE: Bob Petersen. Gloria Herrera: Pam Lulich. Rhonda
Rembert. Dianne Flaaa. Gail Boorman. and Norman Feder
IMPLEMENTATION STEPS (Verify each before proceeding with change using V;-N orN/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement . .
_ Y _ Proposed change is in fact an addition or deletion to the existing scope ,
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change .
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAG~ RECOMMENDATION: This form is to be signed, and dated.
APPROVEBY:'---P~ ~ Date: ~ oZo ~p
Pcun Luli ,Pro' Managl?r,. ~/ ~ /' 1b
REVIEWED BY: 'IfVI' Date: U - lp ~ v .
Rh nda Rembert, Contract Spe all ' ,.
Revised 4/25/2005
May
Presented to the Board June 2oo/l.genda Item No. 16E3
June 6. 2006
% Chan99<lge 57 of 63
from Current
BCC approved
$ Amount
Date
ADMINISTRATIVE CHANGE ORDERS REPORT
Department
Current
Contract
$ Amount
Current
BCC approved
$ Amount
Revised
Contract
$ Amount
% Change
this Change
Order
Vendor Name
Project No
Contract No
Change Order No.
Project Name
Hannula Landscaping
73077, 739501, 739502
05-3778
Change 3
NCWRF Expansion
Landscaping Installation
CH2M Hill. Inc
510185
05-3774
Change 3
Gordon River Water Quality
Park. Engineering Design
Hausinger & Associates, Ine
70892
06-3907
Change 1
SCRWTP 20-mgd Well F,eld
Expansion - Test Wells
Hausinger & Associates, Inc.
70892
06-3907
Change 2
SCRWTP 20-mgd Well Field
Expansion - Test Wells
Item
No
Change
Order
S Amount
04117106
$196,300.95
PUED
LW
$182,66500
$0.00
$196,300.95
7.47%
0.00%
04118106
Overview of change: To extend contract an additional 75 days due to schedule impacts beyond contractor's control in order to close out project.
$956.100.00
Storm water
RC
$956,100.00
$90,00000
$1,046,100.00
9.41%
9.41%
Overview of Change: To add services In the form of planning studies, design, and conceptual plans for stormwater management and water quality improvements for the
acquired Fleischmann parcel.
04121106
PUED
LW
$1.035,02500
$1.035.025.00 ($175,30500)
$859,720.00
-1694%
-16.94%
Overview of change: To add compensation ($8,750) for survey work requIred to obtain South Florida Water Management District (SFWMD) discharge permit and to deduct
the cost of Fiberglass Reinforced (FRP) well casing pipe ($164.055) purchased by the County in order to save sales tax.
04121106
PUED
LW
$859.72000
$1.035.025.00
$3,800.00
0.42%
.16.59%
$863,320.00
Overview of change: To add compensation to cap a section of sand encountered at well RO-16S in order to prevent sand from collapsing Into the well shaft and blocking
flow.
Item
No
Date
Vendor Name
Project No
Contract No
Change Order No.
Project Name
Department Current Current Change Revised % Change A~nflih~m No. 16E3
Contl1lct BCC approved Order Contract this Change from Currecltme 6, 2006
S Amount $ Amount $ Amount $ Amount Order BCC apprcli)lil4le 58 of 63
$ Amount
TECM $35,397,385.35 $35.397,385.35 $0.00 $35,397,385.35 0.00% 0.00%
RC
5
04/21/06
MCM Engineers & General
Contractors
60006
04-3653
Change 9
Golden Gate Parkway - Grade
Separated Overpass
Overview of change: To allow Fuel Index increase per FOOT Specifications and adjust contract for the Temporary Stain Pole Design, Funds will be taken from the Lump Sum
Allowance line item in the amount of $46,187.11.
6
04121/06
0.00%
Naples Studro
N/A
03-3555
Change 1
Dub Beta Tapes
Tourism
LW
$60.00000
$60.000.00
$0.00
$60,000.00
0.00%
04/24/06
Overview of change: To add a price list, not included in contract, to provide for payment to vendor.
0,00%
McKim & Creed
N/A
05-3789
Change 1
Reuse TelematrylSCADA
System - Wide Area Network
(WAN)
PUED
LW
$199.054.00 $199.054.00
$0.00
$199,054.00
0.00%
Overview of change: To add three hundred thirty three (333) days to the contract due to the resignation of Reuse Manager and realignment of operations personnel which
necessitaded an extended system evaluation infrastructure and technology advances.
8
04/24/06
-702%
Kraft Construction Company
80602
01-3189
Change 22
North Collier Regional Park
Construction Management at
Risk
Parks & Rec $38,783,504.09 $42.023,463.30 $289,840.06 $39.073.34415
US
0.75%
Overview of change: To provide for owner directed changes, changes resulting from unforeseen field conditions and those driven by utility providers. These changes include
drain structures, pumps and irrigation systems, utility lines, electrical, roadways, doors and hardware, tile work, and waterlines. Additions include satellite receivers, upgrades
of benches, and changes to the type of roofing materials on the community and recreational buildings. Also, to extend completion time by 37 days to June 17,2006.
Item
No
9
04/26/06
Date
Vendor Name
Project No
Contract No
Change Order No.
Project Name
Department Current Current Change Revised % Change A9finfiiil1~m No 16E3
Contract acc approved Order Contract this Change from Curreolllne 6. 2006
$ Amount $ Amount S Amount S Amount Order BCC apprc@~e 59 of 63
$ Amount
ATM S622.424.86 622.424.86 S4.720.00 S627,144.88 0.76% 0.76%
RC
10
04/28/06
Overview of change: To add two directional bores at 60 linear feet each and perform additional work for the well.
S653.176.54
S653.17654
S653,176.54
0.00%
Hannula Landscaping, Inc
600221
06-3933
Change 1
Golden Gate Blvd. Phase II
(29th 51 SW to 13th SI SW)
Consul- Tech Engineering
60172-2
04-3652
Change 1
Advanced Traffic Management
System - Phase II
0.00%
so 00
Traffic
Ops
RC
Overview of change: To add days to the contract for the purpose of project close-out including Construction Engineering and Inspection (CEl) review, and processing of
contractor submitted invoices. The new contract completion date is June 12. 2006.
11
04/26/06
TECM
RC
S1,232.010.00
$5,000.00
$1.237,010.00
0.41%
American Consulting Engineers
of Florida
60101
04-3587
Change 3
Engineering & Design for Road
Capacity Improvements to
County Barn Road
0.41%
S1.232.01000
12
04/28/06
Overview of change: To reimburse consultant for payment of South Florida Water Management District (SFWMD) permit fee.
$748,72500
S794,175.00
Disney & Associates
52009/35010
02-3422
Change 11
Professional Architectura!
Services for the new County
Fleet Facility
Facilities
LJB
S788,675.00
$5.500.00
0.70%
6.07%
Overview of change: The original site design was based on an estimate for the equipment shelters related to the communications tower. Since that time, the communications
contractor has developed a specific plan, which now requires the Site Development Plan (SOP) to be modified to allow for the shelter building permits. Also included
in this change is a time extension of five (5) days until October 18. 2006.
Item Date Vendor Name Department Current Current Change Revised % Change A9tinfiiR1~m No. 16E3
No Project No Contract BCC approved Order Contract this Change from Cur.....l~ne 6, 2006
Contract No $ Amount $ Amount $ Amount S Amount Order BCC app~~e 60 of 63
Change Order No. S Amount
Project Name
13 04128/06 Bellomo Herbert & Company Parks & $1.540,419.75 $1,540,419.75 $122,807.74 $1,663,227.49 7.97% 7.97%
80602 Rae
99-2947 US
Change 9
Implementation of a Master Plan
for North Collier Regional Park
Overview of change: To provide for the extension of the construction observation services as well as miscellaneous owner-requested design and service changes during
the construction phase. Design changes include revisions to the Interior finishes, food service equipment, door readers, redesign of pool pump #3 building, revision of fire
alarm panels, and re-design of the lazy river. The changes provide value, a better fife cycle maintenance return and resolves site condition related conflicts. Also included is a
schedule extension of one hundred twenty nine (129) days until September e, 2006.
14
05/02/06
Belair Builders, Inc.
73085/73086
05-3680
Changa 3
Collier BoulevardNanderbilt
Beach Road 16" Force Main
PUED
LW
$1.022.22504
$1,022,225.04
$73,020.09
$1.095.245.13
7.14%
7.14%
Overview of change: To provide payment for fill to replace unsuitable material and additional cost for tie.ins which enabled the County to overcome unforeseen conditions
as set forth in a Settlement Agreement and Release dated April 25, 2006.
15
05/03/06
Paradise Advertising and
Marketing
N/A
03-3537
Changa 4 (Amendment #2)
Tourism Development Council
Marketing Services
Museum
US
$3.288,584 19
$3,130,200.00
$55,000.00
$3,343.584.19
1.67%
6.82%
Overview of Change: To provide for additional public relations services for all of the Collier County museums and the Naples Depot, in order to promote and publicize
the facilities.
16
05103/06
EHC, Inc.
725091
04-3724
Change 9
SCWRF Process Control
Building Expansion
PUED
LW
$757,192.94
$689,000.00
$0.00
$757.192.94
0.00%
9.90%
Overview of change: To pay for painting the exterior wall and bottom of precast. This payment win come fram the allowance as painting was not required by the
specifications.
Item
No
Date Vendor Name Department Current Current Change Revi sed % Change Ag,r;cfiinli<Fm No. 16E3
Project No Contract BCC approved Order Contract this Change from Cur.....ltJne 6, 2006
Contract No $ Amount S Amount $ Amount $ Amount Order BCC appr~~e 61 of 63
Change Order No. S Amount
Project Name
05/03/06 Mitchell & Stark PUED $1,962,717.00 S1.923.500.00 SO.OO $1,962,717.00 0.00% 2.04%
700571 LW
05-3743
Change 3
SCRWTP Lime Softening
Modifications and Upgrades
17
Overview of change: To authorize payment of $54,758.25 from contract allowance for providing control of six (6) high service pumps through Variable Frequency Drives
(VFDs) from the plant SCADA system in order to automate control of the pumps; to repair, remove or replace deteriorating hardware and equipment in Chemical Storage Area;
and to furnish and install additional conduit and wire to connect check valve limit switches on high service pumps 1, 2 and 3 to Programmable Logic Controller (PLC) for additional
monitoring of pumps.
18
05/04/06
Kraft Construction. Inc.
80602
01-3189
Change 23
North Collier Regional Park
Construction Management
at Risk
Parks &
Rec
LJS
$39.073,344.15 $42.023,463.30 $226,206.14 $39.299,55029
0.58%
~6.48%
Overview of change: To provide for services related to the preparation, clean up, and repair of North Collier Regional Park resulting from Hurricane Wilma. These costs
have been submitted to the County insurance company and FEMA but, to date, no claims adjustment has been made. The contractor has been holding the costs for this work
and is entitled to be compensated.
19
05/05/06
Recreational Facilities
of America, Inc.
N/A
04-3618
Change 1
Tigertail Beach Water and
Beach Concession
(Concessionaire's
Agreement)
Parks & Rec
LJB
N/A
N/A
SO.OO
N/A
N/A
N/A
Overview of change: To amend the Concessionaire's agreement to Include the Tlgertail Beach Food and Beverage Concession. The original Concessionaire (Cool
Concessions) requested to have their agreement terminated as of May 6, 2006 Staff negotiated with Recreatronal Facilities of America, Inc. to take over the concession
operations.
20
05/08/06
Southwest Utility Systems, Inc
74035
04-3679
Change 2
16" Redaimed Water System
Interconnect from RadiO Road
to Davis Blvd.
PUED
LW
S921.475.00
$891,225.00
S11 ,230 DO
$932,70500
1.22%
4.65%
Overview of change: To provide payment for the change in the Davis Blvd crossing to directional drill in order to avoid conflict with jack & bore pits; change strainer basket to
prevent cloggIng of line; upgrade and reprogram telemetry to be compatible With current system; remobilize after easement acquisition due to unforeseen utility conflicts; adjust
final quantities; and extend completion of contract by 60 days
Item
No
Date Vendor Name Department Current Current Change Revised % Change Ag.enfi....~m No. 16E3
Project No Contract BCC approved Order Contract this Change from Curreollme 6, 2006
Contract No $ Amount $ Amount S Amount $ Amount Order BCC appr~lil!le 62 of 63
Change Order No. $ Amount
Project Name
05/08/06 Fixed Term eEl Services Facilities N/A N/A N/A N/A N/A N/A
N/A LJB
01-3291
Change 1
21
Overview of change: To provide for houriy rate increases per March 2006 CPI of 3.7%, and to add three new staffing categories. The contract has been extended
until September 25, 2006 to allow for services to be conducted until a new contract is awarded applying new hour1y rates. Since the time of the contract award, there has
never been a fee schedule increase, and the County's changing business needs necessitates the addition of personnel categories in order to provide optimal staffing.
22
05109/06
Wilson Miller
62081
00-3062
Change 7
Santa Barbara Widening..
Radio Road
TECM
RC
$3,815.85200
$3.735,963.00
$57,28700
$3,873,13900
1.50%
3.67%
Overview of change: To modify the current signalization plans in order to obtain necessary permit applications.
23
05/09/06
MCM Engineers & General
Contractors, Inc.
60006
04-3653
Change 10
Golden Gale Grade Separaled
Overpass
TECM
RC
$35,397,385.35 $35,397,385.35 $32,09745
$35.429,482.80
0.09%
0.09%
Overview of change: To allow for addition of subsoil excavation of unsuitable materials and to add days to the contract from September 26,2006 to November 19, 2006.
24
05/15/06
APAC-Southeast, Inc.
60018
02-3419
Change 6
lmmokalee Road Collier Blvd.
to 43rd Ave. NE
TECM
RC
$34.747,601.90 $33.938.025.16 $97,472.64
$34,845,074.54
0.26%
2.67%
Overview of change: To add pay items to cover damage done by last year's storms, added Management of Traffic (MOT), road cleaning, change in signalization items and
increased line items as needed. To extend the contract from April 11, 2008 to April 17, 2008.
Item
No
Date
Vendor Name
Project No
Contract No
Change Order No.
Project Name
Department Current Current Change Revised % Change A~nfliinl/8lm No. 16E3
Contract BCC approved Order Contract this Change from Curreolllne 6. 2006
S Amount S Amount S Amount $ Amount Order BCC appr~il<<Je 63 of 63
$ Amount
TECM $15,800,000.00 $15.800,000.00 $0.00 $15,800,000.00 0.00% 0.00%
RC
25
05/15/06
John Carlo, Inc.
60005
05-3851
Change 2
Goodlette.Frank Road
Widening
Overview of change: To adjust the date for the substantial completion of the first milestone to May 1.2006 and the final completion date for the first milestone to May 31,
2006 as a result of numerous design changes in the drainage system,
26
05/15/06
TECM
RC
$15,800,000.00 $15,600,000.00 ($300,05000) $15,499,950.00
-1.90%
John Carlo, Inc.
60005
05-3651
Change 3
Goodlette-Frank Road
WIdening
_1.900/1)
27
05/15/06
Overview of change: To reduce the Re-use Water Main quantity as a result of a design change,
$2,074,542.00
$2,074,542.00
$206,663.00
$2,261,425.00
9.97%
AIM Engineering & Surveying
63051
04-3583
Change 3
eEl Services for Vanderbilt
Beach Road Widening
9.97%
TECM
RC
Overview of change: To add Scott Franklin, of Allied Testing, to the position of Senior Utility Inspector at the rate of $67.00/hour: and to increase the hours for the
Inspector position,
28
05/16106
$1,215.000.00
Crowder-Gulf
NIA
05-3661
Change 1
Disaster Debris Removal and
Disposal
Stormwater $1,215,000.00
RC
$121,500 00
$1,336,500.00
10.00%
10.00%
Overview of change: To address additional debris removal from canals and other waterways that was not identified in the original proposal and to add thirty (30) days to the
contract until June 23, 2006 to allow for this work
Total Changes to Contracts
$805,309.12
Agenda Item No. 16F1
June 6, 2006
Page 1 of 3
~-
EXECUTIVE SUMMARY
Recommendation to approve expenses not to exceed $4,000 for Collier County to
provide bus senrices for elected officials from other counties to two events scheduled
June 27 during the Florida Association of Counties 2006 Annual Conference in
Collier County at the Marco Island Marriott.
OBJECTIVE: To approve expenses not to exceed $4,000 for Collier County to provide
bus services for elected officials from other counties to two events throughout the county
scheduled June 27 during the Florida Association of Counties 2006 Annual Conference
being held through June 30 at the Marco Island Marriott.
CONSIDERATION: The Florida Association of Counties 2006 Annual Conference is
scheduled at the Marco Island Marriott June 27-30. The itinerary includes two events on
June 27 in which the Collier County Board of County Commissioners is being asked to
approve the expense of providing bus transportation for the county officials participating
out of 300 to 400 who are expected to attend the conference from across the state.
---
The first event is the "County Exchange" and involves a tour of the new North Collier
Regional Park, the new North Collier Government Services Center and the Collier
County Headquarters Library. County staff will serve as guides and provide
comprehensive information and handouts to the visiting officials regarding planning and
construction details, public services, operational budgets, funding sources, etc. The buses
will pick up participants at the Marriott at I p.m. and return them to the resort at 5 p.m.
The second event is a "Restaurant Tour" of Fifth Avenue South in Naples scheduled from
5 to 10 p.m. Either before or after dining, there is adequate time to also encourage the
county's guests to visit the beach where the recent renourishment project successfully
widened that span in the City of Naples area.
The exact number of persons who will be participating in the County Exchange and the
Restaurant Tour cannot be determined at this time. However, the county will arrange to
have access to additional buses beyond those contracted if needed. In accordance with the
Board's purchasing policy, staff is seeking to obtain quotes from various bus service
providers and will issue a purchase order(s) to the selected firm(s).
FISCAL IMP ACT: There is a fiscal impact not to exceed $4,000 associated with
Collier County providing the bus service for county officials to the two events on June
27. Those funds will be sourced in the County Manager's Board-Related Costs budget
(General Fund 00 I).
GROWTH MANAGEMENT IMPACT: There IS no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary.
Agenda Item No. 16F1
June 6, 2006
Page 2 of 3
RECOMMENDATION: That the Board of County Commissioners approves
expenditures not to exceed $4,000 for Collier County to provide bus services for elected
officials from other counties to two events scheduled June 27 during the Florida
Association of Counties 2006 Annual Conference in Collier County at the Marco Island
Marriott.
Prepared by Debbie Wight, Assistant to the County Manager
Agenda Item No, 16F1
June 6, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F1
Recommendation to approve expenses not to exceed $4,000 for Collier County to provide
bus services for elected officials from other counties to two events scheduled June 27 during
the Florida Association of Counties 2006 Annual Conference in Collier County at the Marco
Island Marriott.
Meeting Date:
6/6/20069:00:00 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/26/2006 9:24 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/26/2006 9:45 AM
Agenda Item No. 16G1
June 6, 2006
Page 1 of 7
-
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA) approve application
for corporate membership of $200 to Bayshore Arts, and approve a donation of $300 to
Bayshore Arts, a 501C3 organization, from the Bayshore Gateway Triangle Trust Fund
(Fund 187) FY06 budget and declare the donation serving a valid public purpose.
OBJECTIVE: CRA approval of application for corporate membership of $200 to Bayshore Arts,
and approve a donation of $300 to Bayshore Arts, a 501 C3 organization, from the Bayshore
Gateway Triangle Trust Fund (Fund 187) FY06 budget and declare the donation serving a valid
public purpose.
BACKGROUND: Over the last three years, the Bayshore Gateway Triangle CRA has supported
the growth and expansion of the Bayshore Arts organization through annual corporate
membership and monetary support to its sponsored or co-sponsored art and cultural events. The
Bayshore Arts organization is undergoing a restructuring process with the resulting organization
providing a wider scope of services to local artists, musicians, thespians and other cultural
activities that will enhance the local residents life style and assist the CRA create a better
community.
.-
CONSIDERATIONS: At their regularly scheduled meeting on March 7,2006, the Local CRA
Advisory Board unanimously approved to make a recommendation to the CRA Board to renew the
CRA's corporate membership ($200) with Bayshore Arts, a SOl C3 organization, and make a $300
donation to Bayshore Arts to assist in their transition to an all-encompassing cultural based
organization.
PUBLIC PURPOSE: To assist and facilitate the growth and development of a local citizen-based
cultural organization that supports the education and development of art and cultural activities for
the citizens in a designated blighted area of Collier County.
FISCAL IMP ACT: Sufficient budget exists within the FY06 Bayshore Gateway Triangle Fund
(187 - Dues and Memberships) to fund the requested membership fee and monetary donation.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA, that may consider alternative
land use plans, modifications to development standards, improvements to infrastructure and
incentives to encourage redevelopment.
RECOMMENDATION: CRA approval of application for corporate membership of $200 to
Bayshore Arts, and approve a donation of $300 to Bayshore Arts, a 501 C3 organization, from the
Bayshore Gateway Triangle Trust Fund (Fund 187) FY06 budget and declare the donation serving
a valid public purpose.
-
Prepared by:
David L. Jackson on May 22, 2006
Executive Director, Bayshore/Gateway Triangle Community Redevelopment Agency
-1-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16G1
June 6, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G1
Recommendation that the Community Redevelopment Agency (CRA) approve application for
corporate membership of $200 to Bayshore Arts, and approve a donation of $300 to
Bayshore Arts, a 501 C3 organization. from the Bayshore Gateway Triangle Trust Fund (Fund
187) FY06 budget and declare the donation serving a valid public purpose.
6/6/2006 9:00:00 AM
Prepared By
David Jackson
Community Redevelopment
Agency
Executive Director
Date
Bayshore-Gateway Redevelopment
5/22120062:54:44 PM
Approved By
David Jackson
Community Redevelopment
Agency
Executive Director
Date
Bayshore-Gateway Redevelopment
5/22/2006 2:57 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/231200610:32 AM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/25/2006 1 :56 PM
B~~~~~
Your Bridge to the Arts
Agenda Item No. 16G1
June 6. 2006
Page 3 of 7
2006 MEMBERSHIP RENEWAL FORM
MEMBER NAMEE81..f sL1D{e /6 afeu.;J~( 7(-lcln 1le C~A
SECOND MEMBER NAME PO.C Od \I.d Jc1<:!cSCV1
ADDRESS ,;J-cfof L i Y\ CA-' ooc( Av e I 5 T < 7 U. I'l, f II
CITY N<<-r~S STATE Fe ZIP Jtfrr2-
TELEPHONE# ~.31- (,CfJ-lllj
EMAlL ADDRESS cld ",tAl dL!LSCV\@- Cc {l.'~ '~!f-v. V\et
Select one
_INDIVIDUAL $25
_FAMILY $35
PATRON $100
LCORPORATE $200
$ 2vo -- MEMBERSHIP CONTRIBUTION
$ 3(,/11 r ADDITIONAL FINANCIAL SUPPORT
....
$ ':)-00 TOTAL AMOUNT ENCLOSED
WE THANK YOU FOR YOU SUPPORT AND WILL CONTINUE
TO LOOK FOR WAYS TO HELP THE ARTISTS IN OUR COMMUNITY.
3200 Bayshore Drive
Naples. F\(\fl(b :;-l112
(239) 775-2969
Agenda Item No. 16G1
June 6, 2006
Page 4 of 7
Page
1/1
BAYSHORE ARTS
814 GRAFTON CT
NAPLES FL 34104
Field Purchase Order
I
I FPO Number I Date
,4500059874 / 03/14/2006
i Contac1 personiTelephone
iCOM REDEV AGENCY/239-643-1115
iOur Tax Exemption no.
'85-8012621830C-2
iSend invoice to:
iBoard of County Commissioners
IAttn: Finance Department
IP.O.Box 413016
INaples, Fl. 34101-3016
I
I
I
l_.___
Your vendor number with us
109040
Please deliver to:
Board of County Comm - All Others
3301 East Tamiami Trail
Naples FL 34112
Delivery date:
Day 03/17/2006
Terms
Terms
of delivery: FOB
of payment: Net
DESTINATION
30 Days (20 business
days)
Item Material
Order qty,
Description
Unit
Price per unIt
Net value
00010
1.00000 each
Membership
:.'leo.OO
500.00
Renewal of annual membership and additional contribution.
Total net value excl. tax
500.00
THIS ORDER SUBJECT TO THE FOLLOWING CONDITIONS:
1 ThIs purchase order is c.onsldered to be a sIngle contract Payment wIll be made upon comp1ellon of total order NO par1tal payments will be made without proper authOtl.!.8ll0n
2 PtX01aSe order I"U'Tlber muSl appear on alllovolces,packages,or correspondence
3 The County reserve-s the nght to cancel any portion of Ihis order if not filled as specIfIed
" Payment wlll De made only In accordance With th.s order, correchons or price adjustments must be auttvYlzed by Ihe Purchasing Director prior to shIpment of goods
5 DefectIve goods 'WIll be promptly ralurned al your expense and aedrt taken
6 OISCOUl'ltS of prompt payment will be computed from dale of receipt of goods Of from date of recelpl at InVOices Whfct'lever IS later
7 It ~ agreed. tha1 goods. delivered shall comply with all federal, state. or local laws relali.".e thereto ana thai I~ Vendor s""'all defend actions or claims brought and save harmless ttle buyer trom loss, cost. or damage
by reason of aCl:ual oe- aJteged intngements of I~ter paterrl
8 Unless (he Vendor Indicates othetwise, initlation of work shall consitute acceptance of the PurChase Order lncludlllg aH anachments
9 The Vendor agrees to relmburs.eme-nl of travel expenses In accordance with F-IOfIQa Statute Chapter' 12061 PeT DIem and Travel Expenses of Publlc Officers. employees and authOriZed persons
10 M shipmEantsto be FOB DestInation
Agenda Item No. 16G1
June 6, 2006
THE BAY S H 0 R E / GAT E WAY T R I A N G L ERE D EVE LOP MEN TAR E APage 5 of 7
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239,643,1115 FAX 239,775,4456
BA YSHORElGA TEWA Y TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD
MINUTES OF THE MARCH 7, 2006 MEETING
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called
to order at 6:00 p,m, at the Collier County Commission Chambers, 3301 Tamiami Trail East.
1, Roll Call-Present: Advisory Board Members: Ronald Fowle, Karen Beatty, Rod Garner, William
Mears, Bill Neal, and Chuck Gunther, Absent: Steve Main, Phil McCabe - arrived 6:19,
CRA Staff Present: David Jackson, Executive Director
Collier County Staff Present: Marjorie Student-Stirling, Assistant County Attorney, Ms Michelle
Arnold, Director Code Enforcement.
2. Adoption of Aqenda: Motion to approve: Mr, Fowle, Second: Ms Beatty, Adopted 6-0.
3, Adoption of Minutes: Mr, Jackson advised the Board that the minutes from the last two
meetings were not ready for approval and will be presented for approval at the next regular
meeting,
4, Executive Director's Report:
a, Mr, Jackson stated that tonight's presenter, Ms Micelle Arnold would be attending the
meeting at a later time because of a meeting conflict, and recommended the Board
proceed with the agenda and recognize her when she arrived, The Board agreed.
b, Mr, Jackson summarized CRA correspondence received since the last Board meeting:
i. Delivered just prior to the beginning of this meeting was a letter of resignation
from Mr, Mike Valentine, effective as of this date, Mr, Neal asked if the Board
wished to accept the resignation and forward to the CRA Board, Motion to
accept: Mr, Mears, Second Mr, Fowle, Approved 6-0,
ii. BSC Partners second request for a public workshop to discuss their future
redevelopment project: Arboretum Village. The Board agreed to conduct the
workshop on March 27, 2006 at 6pm at the Collier Risk Management Training
Room,
iii. Two letters were received from Mr. Larry Ingram, P.A.; one offering office
space to lease for the CRA office, and a second that stated that the Gateway
Triangle Overlay's Design Guideline requirements would put an undo hardship
and economic impact on the future development of his C-4 property. Mr,
Jackson explained that the letter had been forwarded to the Community
Development and Environmental Services Division for review, Their response
was that Mr, Ingram should address the letter to them and they would make
the determination,
c, Mr, Jackson summarized the following activities or projects:
i. Bayshore/Shadowlawn Corridor Study contract had been signed work had
already started,
ii. The Board's June meeting location will have to change due to a conflict with a
rescheduled BCC meeting on that date, The Risk Management Training Room
will be booked,
iii. The CRA operations have outgrown the current office location, Space needs
require more square footage, parking and visibility to the public, With
consensus of the Board he would begin looking for suitable space in an
acceptable location, Mr. Jackson explained that there would an associated
cost to purchase office equipment because the current office furniture was on
loan. The Board agreed,
iv, Board member seats that are up for reappointment or appointment in May
were identified as Karen Beatty, William Mears, Chuck Gunther and a half-
term of Mike Valentine,
Agenda Item No, 16G1
June 6, 2006
Page 6 of 7
v, Sugden Park walkway continues to be mired in 'variance approval' process, so
there hasn't been any progress,
vi. Mr. Jackson presented an invoice from HDR, Inc, requesting payment for
services rendered for development of the zoning overlays in the amount of
$4,963,25, Motion to approve: Mr, Fowle, Second: Mr. Gunther, Approved 6-0;
McCabe absent.
vii. Mr, Jackson presented a Site Improvement Grant (SIG) application SIG
06/2006 for Ozlyn Garden Villas Association, a condo association that had
extensive roof damage during Hurricane Wilma, Questions arose as to the
number of condos are owner occupied (9 of 12), and what was the situation
with homeowner's insurance. Mr, David Repath, Association President, stated
that the insurance company paid $13,000 after deductables and that was not
enough to repair the roof, Mr, McCabe asked if there was going to be a
significant improvement or were they just going to replace damaged material.
Mr, Repath stated that all the old metal mansard roofing was going to be
replaced with 5-v crimp metal roofing and upgraded to 128 mph wind proof,
thus being a significant improvement to what was being replaced, Motion to
approve SIG 06/2006: Mr, Mears, Second: Mr, Fowle, Approved 7-0,
5. Old Business:
a, Mr, Jackson presented the Board a DRAFT Scope of Work for the previously approved
Design Guideline work for the entire CRA. He stated that the Bayshore Avalon
Beautification MSTU group had contracted with Gail Boorman & Associates, a local
Landscape Architect firm, to do work for Bayshore Drive, He asked if the Board had
any comments, changes or recommendations to the DRAFT? The Board had none.
Mr, Jackson stated that he would bring the Scope of Work back with a timeline and
cost per task order for the Board to approve and forward to the CRA Board,
b. Mr. Jackson outlined the price quote from the County for the CRA to sponsor a Land
Development Code Amendment Special Cycle of $14,000, After discussion as to the
pros and cons of submitting changes through the regular cycle or special cycle, motion
to approve funding for a Special LDC Amendment Cycle: Ms Beatty, Second: Mr.
Fowle, Approved 7-0,
c, Mr, Jackson reviewed the road paving project approved last month for Hallendale
subdivision where a company had offered to the County Transportation Division to
pave, for free, a portion of lime rock road as a product demonstration project. Word
was passed to the CRA that the company would pave % mile of road for free and
asked if the CRA would be interested in having the Hallendale subdivision roads
paved, After contact with the company representative, it was discovered that there was
a misunderstanding, The amount of free paving was y.. mile. But because of the
misunderstanding, the company offered to pave the three roads (3/4 mile) at their cost,
where the CRA paid for the materials, and the company would absorb the cost of the
mobilization, manpower and equipment. Total cost is $62,744,32, but the CRA's cost
would be $40,000. The pavement will be 18 feet wide, on centerline and y.. mile each
street. They guarantee the pavement (product) for one year; but would not warranty
and damage from falling trees, tree roots or other storm-related damage from
vegetation close to the edge of the road. Mr. McCabe asked if there were any property
owners in the audience, There were none, He asked what the property owners'
participation was, Mr, Jackson stated that he has had several meetings with some of
the owners, They have selected 'street captains' and are mobilizing to get out the vote,
acquire quotes to 'clean & grub' the right-of-ways, and collect the funds from the
owners. Motion to approve the CRA participation and paying $40,000 for the paving:
Mr, Gunther, Second: Mr, Garner, Approved 7-0,
d. Mr, Jackson directed the Board's attention to the counter proposal from the Elett's
concerning the CRA's Offer-To-Purchase 17 acres, more or less, on Bayshore Drive.
He stated that the Advisory Board made and offer to purchase of $4,6M for the three
2
Agenda Item No, 16G1
June 6, 2006
Page 7 of 7
contiguous parcels, The offer did not include the 5 small parcels that had buildings and
offers on them, The counter offer was for $5,OM, a shorter due diligence period and
more down payment at a certain period of the closing, Round table discussion ensued
about the merits of the offers and the objective of the CRA once purchased, It was the
consensus of the Board for the Executive Director to contact the Eletts and their agent
and come to an agreement and return in April for discussion and approval.
6, New Business:
a. Mr, Jackson briefly discussed the FY2006 Budget balance sheet in the Board's
packets, He recommended the Board consider approving a budget amendment to
shift funds from the "Other Contractual Services" line to a newly created line item:
Marketing & Promotions, The reason was that as the CRA continues to energize the
redevelopment market, there may be a need to either contract for some marketing
materials or other promotional material to inform prospective investors about the
opportunities in the CRA, Motion to approve moving $15,000 from line item 634999
Other Contractual Services to new line item 648170 Marketing & Promotions: Ms
Beatty, Second: Mr. McCabe, Approved 7-0,
b, Mr, Jackson detailed the Draft FY2007 Budget contained in their packets. He asked for
Board Members to review the line items and forward and recommended changes so
he could insert them,
-------------------
-
r
I
I
I
I
c. Mr. Jackson presented a corporate membership form ($200) for the Bayshore Arts I
organization, He explained that the CRA did not continue its membership with the I
organization last year and approval to rejoin at this time would be welcomed by
Bayshore Arts, He also asked the Board to consider a $300 donation to the I
organization to assist them in their efforts to get established, Motion to approve $200
for membership and $300 as a donation/financial assistance: Mr, Mears, Second Mr, I
Gunther. Approved 7-0,
-------------------~
-
-
d, Mr, McCabe discussed his thoughts on the CRA looking for and consider acquiring
small parcels in the CRA and investigate the opportunity to create pocket-parks,
7, Citizen Comments: Ms Doepke was recognized and she expressed her thanks to the Board for
their monetary support to the Bayshore Arts organization,
8, Adiournment: The regular meeting was adjourned at 8:05 pm, The next meeting of the
Advisory Board is March 27, 2006 for a workshop, The next regular meeting will be on April 4,
2006,
3
Agenda Item No. 1682
June 6, 2006
Page 1 of 9
--
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA) approve the
expenditure of $5,701.50 of Bayshore Gateway Triangle Trust Funds from FY06 Fund 187
budget, to pave Catherine Avenue, a lime rock residential street within the Bayshore
Gateway Triangle CRA boundary, as part of Florida Highway Products sole source contract
approved May 9, 2006, and approve all necessary budget amendments.
OBJECTIVE: CRA approval of the expenditure of $5,701.50 of Bayshore Gateway Triangle
CRA Trust Funds from the FY06 Fund 187 budget to pave Catherine Avenue, a lime rock
residential street within the Bayshore Gateway Triangle CRA boundary. This is a proposed
demonstration project for use of a pavement process that is less costly than traditional asphalt.
This cold-mix paving process takes advantage of recycled materials and is a sole source
procurement based on the unavailability ofvendors with this capability.
BACKGROUND: Within the Bayshore Gateway Triangle CRA, there are lime rock (unpaved)
residential streets that the Collier County Transportation Division has determined were never
accepted by the County, therefore they are private.
A representative of Florida Highway Products, Inc. approached County Transportation to pave, for
free, a If4 mile portion of a lime rock street as a cold-mix asphalt product demonstration project for
.-.. future consideration as a product to be used on other Collier County lime rock roads and streets.
This offer was forwarded to the CRA for use on private streets. The Local Advisory Board
investigated the use of this product on the five unpaved streets within the CRA, consulted with the
property owners, and negotiated a fee to use this cold-mix paving product.
CONSIDERATIONS: On May 9, 2006, the CRA Board unanimously approved selection of
Florida Highway Products as a sole source to pave five streets at a cost of $64,488.50 on streets
with a property owner vote of greater than 50% + 1 votes approving paving. One other lime rock
street within the CRA boundary, Catherine A venue, did not have property owner approval before
May 9,2006. The CRA Executive Director contacted the Catherine Avenue property owners and
has received 100% property owner votes to pave the street. The paving company was contacted
and a quote was made to pave Catherine Avenue. Mobilization costs are not included if the paving
is completed while the company is in the area conducting work approved May 9, 2006 by the CRA
Board.
FISCAL IMPACT: Sufficient budget exists within the FY06 Bayshore Gateway Triangle Fund
187 to fund the requested Catherine Avenue additional paving project contract of$5,701.50 as
well as the original approved $64,488.50 for Pine Tree Drive, Andrews Avenue, Woodside
Avenue, Lee Street and a portion of Manorca Avenue.
.-
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA, that may consider alternative
land use plans, modifications to development standards, improvements to infrastructure and
incentives to encourage redevelopment.
-1-
Agenda Item No. 16G2
June 6, 2006
Page 2 of 9
RECOMMENDATION: That the CRA Board approves the expenditure of $5,701.50 of
Bayshore Gateway Triangle CRA Trust Funds from the FY06 Fund 187 to pave Catherine
Avenue, a lime rock residential street within the Bayshore Gateway Triangle CRA boundary as
part of Florida Highway Products sole source contract approved May 9, 2006, and approve all
necessary budget amendments.
Prepared by:
David L. Jackson on May 22, 2006
Executive Director
Bayshore/Gateway Triangle Community Redevelopment Agency
"......'
-2-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16G2
June 6, 2006
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G2
Recommendation that the Community Redevelopment Agency (CRA) approve the
expenditure of $5,701.50 of Bayshore Gateway Triangle Trust Funds from FY06 Fund 187
budget, to pave Catherine Avenue, a lime rock residential street within the Bayshore
Gateway Triangle CRA boundary, as part of Florida Highway Products sole source contract
approved May 9, 2006, and approve all necessary budget amendments.
6/6/2006 9:00:00 AM
Prepared By
David Jackson
Community Redevelopment
Agency
Executive Director
Date
Approved By
Bayshore-Gateway Redevelopment
5/22/2006 2:55:58 PM
David Jackson
Community Redevelopment
Agency
Executive Director
Date
Bayshore-Gateway Redevelopment
5/22/2006 2:56 PM
Approved By
Brenda Brilhart
Administrative Services
Purchasing Agent
Date
Purchasing
5/22/20063:56 PM
Approved By
Norm E, Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Approved By
Transportation Services Admin.
5/23/20069:19 AM
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/26/2006 9:08 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/26/200611:19 AM
65/17/2006 16:08
8535334404
FLORIDA HIGHWAY PROD PAGE 02/02
Agenda Item No. 16G2
June 6, 2006
Page 4 of 9
Florida Highway Products, Inc.
P.O. Box 928 · Bartow, FL 33831
3900 US Highway 17 N. · Bartow, FL 33830
(883) 533-7881 · PAX: (863) 533--4404
David Jackson.. Executive Director
Bayshorc Gateway CNA
240& Linwood Ave., Suite 11
Naples, FL 34112
May 17,2006
RE: Cold Mix Paving Proposal: Catherine A venue
Dear Mr. Jackson:
We are pleased to submit the following quote for your consideration:
Open Graded Cold Mix 2 'I:"
Catherine Avenue
Catherine Avenue 326 sy @ $15.75/5)'
$5,701.50
This quote represents additional work quoted in letter dated May 5, 2006.
Very Truly Yours,
L Jf:~/
Rob rvraggard
Vice President
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Agenda Item No, 1682
June 6,2006
Page 5 of 9
Florida Highway Products, Inc.
P.O. Box 928 · Bartow, FL 33831
3900 US Highway 17 N. · Bartow, FL 33830
(863) 533.7881 · FAX: (863) 533.4404
r ),.\', i:.l .l;tCk:;UI L'(,(,Llti\'~ Diit:l'or
Itl' <)or~' (iak\'.ay Cl\A
2-'-(1~ l.i1l'\ood Avc.. Suite ';;11
:\:1!1ks. I' i. .:;~ 1\2
\1:1\ 5. ~'q()(,
[{!: Coid tv/ii" Paving Pj'(\pw~ll: \\lll".\';id" \\~'. l'in'.tn.:c Dr.. Andrews Ave..
L:L' S: 1'1,'('1 \tl [.! 110 I id .'\ vc.
D'-,ll' ~\h, .Iad,son:
\V<.' al'~' pkascd to Sllb'~l;llhc !l)II'I\\ili::' LJlIllk Illr :"ur consideration:
()P(,1I ~:'dded cold mix pd\in:,'.: ::.: . ,"
\\ \)Olbide Ave.. Pil1!,,'I:'c\,,' 1)1'.. AJldr~\\~ \\l'. Ll'l' "1.
$40.000.00
1.C'l' Slr.:ct 6()0 Sy li ') 1 :'.;'
\laglloliaSl. 326:'y ((S1.~,7.:;'
Shan: mcl comrac1 e:\i~,ling :-'l.ibg"Ulk ; ,(t:'::'::-.\ (/ SJ,25
\Itlhii /;,lion
'j; 10.867.50
$ 5.701.50
$ 3.419.50
'\; 4,500,00
$64.488,50
1'L-;lS.... note that pl'l' our ':<lrli.:r c'lnL'~~)tllllklll'!,,' llullhe costs for Woodsidc Ave"
l'jnl'll'l'C I h.. Ln:d Andrews .\v::. !'c!1I\:Sl'l1h a hU'" J'Cdlll,,'!:tr'l This concession is made in
c(;I1:;idcrLllintl o!"Collier COllnt~ .~; I'i:\'ic\\ (\,' ('l!' j11'1)Cr"'S,,
Ihis lIl'\lk docs not ipl:lude al1~ \\(IJ'J" I"'bidc lhl' i;>(' t\Hldways.
'; hank you flY' considcring F1lll'ida Ili~>I\\\a~ PI'OdUilc;. Inl', for this \\'ork, We
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Email: Ad
Bayshore Gateway Triangle Lime Rock Road Voting Tabulation
Agenda Item No, 16G2
June 6, 2006
Page 6 of 9
.*
*
NAME STREET LOT # FOLIO # YES NO
Richard Bailey . Manorca Ave 21 26780520004 X
-
Daniel Fuller Manorca Ave 19/20 26780480005 XIX
.1
Roy Ramnick Manorca Ave 23/24 26780640007 XIX
; --
I Total Lots 5 of 5 100%
NAME STREET LOT# FOLIO # YES NO
M. & K. Vanderstel Lee Street 1 76410040008 X
-
Odalys Ribera Lee Street 2 76410040105 X
Carolyn Beauchamp Lee Street 3 76410040118 X
G. & R. Buonocore Lee Street 4&5 76410080000 X
Donald Sheehan Lee Street 6&7 76410280004 X
W. & A. Forsyth Lee Street 61834040000 X
W. & A. Forsyth Lee Street 61834041009 X
Total Lots 9 of 1 0 90%
,.
NAME STREET LOT# FOLIO # YES NO
Clyde C, Floyd Catherine Avenue 10 26780240009 X
B, & R. Fioretti Catherine Avenue 11 & 12 26780280001 X
Thomas Talley Catherine Avenue 13/14/15 26780320000 X
''k Thomas Talley Catherine Avenue 16 26780360002 X
7 of 7 100%
Agenda Item No. 16G2
June 6, 2006
THE nAY S H 0 REI GAT E \l;' A Y T R I :\ N (;. 1. ERE D EVE LOP MEN TAR E A Page 7 of 9
(:OMMUNITY REDEVELOPMENT A.GENCY
H~8 LI"'WOOD AVE St:!Tl 11 N.HI.[" PI HIll pll."I 23'.643,111S FAX 23'.775.4456
CATHERINE A VENllE fA PORTION OF) PA VING VOTING BALLOT
ONr.: von; Pt;R LOT
L _Clyu-.: C. floyu_ (printd IliUm.:), uu hI.:J':o) ~u,~llliy vule wm.:cming lhc eRA
assisted pavmg project tor the private street named lAIHERINE A VENUE:
12] \' ~t;, I agree to have the stred P;l\ d
I I Nu, I do Hot 'v'.allllh~ ~l.ccl pa'v~d
I hereby certifY that I/we am/are the legal mvner(s) of the following property:
Lot # Property Appraiser Folio #
10 26780240009
SIgned this
If
__Clyde C. Floyd
Printed Name - Owner
day of --fJJL1-
. CY:~tj--LO c r / (.~. 70
~ure./../ /J . .-,':'- 1
;/;; ~/ /
.... "1 / r / ;..? '7/c;;"~t~.. . /
~'7'...{-1 (..J...C---~-~ --
Sl~atl!f i,'
. ~UU6
Pnnted Name - Owner
Printed Name - Owner
--. -. --_._..--_._-~..-
Sign:l1ure
~~i~,~:~~,." .\
, ",-.- ~ ..r,.'\.,
. ~'-/.... .. n\....
Tomorr~~ ..';0.;.
TifF PI:\ Y S 11 n ,,\~. r..\ T r' \\' \." ,;
" . :1; - \' po ! n F \-j f; ..~ TAR F .\
::-~i~l-; L.];\;\\',)()l) ,\\'L.') j, i
r r 1 U ~~ E :;. '-) (. -1.1 ; ~ : .~
',,\PLLS, FL .'\-'111:
: '.l ~ j; _ _~ ,. . ., - :;. -1 .~ 56
Agenda Item No, 1682
June 6, 2006
THE nAY S H 0 R E / GAT E WAY T R J A ~.; C; L ERE DE\' E LOP MEN TAR E A Page 8 of 9
(~OMMUNITY REDEVELOPMENT A.GENeI'
~4:' Ll'\;\1;'OO[J A\'T. S"ITT. 11 Nal! " fl 3.1 U PIIO'o,[ ZJL643.1115 fA" 23~,775.4456
CATHERINE AVENUE (A PORTlO~ OF) PAVING VOTiNG BALLOT
ONE VOTE pr;i{ LOT
I., _llI"i.:nJu & Ri;;;haru fiur;;tti_. {piiiH'-.:J iiaBH.:.L Jv hl,,;j\.;uy \;a::;t iny vutc \,;unf,;l,;lIling lhl:
CRA assIsted pavmg project tor the pnvate street named CATHERINE A VENUE:
I ,vi' Y CS, I agree to have the street pa'. eJ
LJ No, I do not.vant the street p;l'vd
1 hereby certifY that Vwe am/are the legal ovvner(s) of the following property'
Lot # Property Appraiser Folio Ii
II & 12 2678028000]
SIgned thIS
day ol_~__
.20U6
J-'/' "
Signature
/)
. _.~
~,,/,"-
Richard Fioretti
-~----
PrInted Name - Owner
Brenda Fioretti
PrInted Name - Owner
SlgnJtlln:
Printed Name - Owner
S Ignatllrt"
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Tomorr~-~ '*~"" -
THE n_~Y~i-T(,Rf' ("~ 4T"'~\Y
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'~.\ I! l_ t-:~, ~. L .1-+ 1 : :'.
P 1 j n ~~ E :.~. (, c. -J~. :' j '-.
, ~ I ' 1
.""S.44,('
Agenda Item No. 1682
June 6. 2006
THE BAY S H 0 R E / GAT E ~I A Y T R I ,>" ;-..; G L ERE D EVE LOP MEN TAR E A Page 9 of 9
COMMUNITY REDEVELOPMENT t\GENCY
24:811"....000 A\'[ StITt 11 NArlf<. PI '~:ll 1'11""'[ 13~.643,111S F.u: 239.775.4456
CATHERINE AVENlIE (A PORTlO~ OF) PAVING VOTING BALLOT
ONE VOTE PU{ LOT
I, _Thoma.:; Talk)', Et AI_( printed namc). Ju hCICb) l:asl my vute wncerning the
eRA aSSIsted paving project tor the private street named (' A THERINE A YEN UE:
M Yes. 1 agree to have the street P;.l\ eJ
I I Nu, I do Hol \ovanllhc slreet pav'::G
I hereby certifY that T/we am/are the legal owner( <:;) of the following property:
Lot # Property Appraiser Folio #
16 26780360002
_13,14,15_ 26780320000__________
/
Si_gned thiS /" L < C'"
-<I'
'/
__Thomas Talley___
Printed Name - Owner
I .
day of _~~_____ _... :(loj)
.-' /'/
/
....~-~~'.
----..... .> I .//"r_'.- ./
--,-+-~~-~="":',/
/ /
SIgnature
.-/
Printed Name - Owner
SIgnature
Printed Name - Owner
Sigllatur~
T q l~ r'l ,\ y::: T1 n R r r. \ T F \\. .... \ ! I, i ' .
f - I; i- r'; ~. \. F L n p \'1 F ~ T.\ 1\ F .-\
:. -+ (I aLl i" \\ :. J l J U .\ \' I
~.. .\ l' I.. L S, t; L ,~, -t 1 1 :.
PJlCll"~E ::.'i,(,~..,.11 ~
.: : . ~ ' , !: :,:~,,) ';':- s ~..;:; 6
Agenda Item No. 16H1
June 6, 2006
Page 1 of 3
."_.
EXECUTIVE SUMMARY
Commissioner request for Board approval for payment to attend function serving a valid
public purpose.
OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a
Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners
has determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations/organizations serves a valid public purpose, provided that said functions reasonably
related to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTION/EVENT: Gulf of Mexico Alliance at Rookery Bay National Estuarine Research
Reserve Environmental Learning Center.
-
PUBLIC PURPOSE: Meet and interact with representatives from the five Gulf states and
Mexico as well as federal and local agencies working together to help restore the health of the
Gulf of Mexico.
DATE OF FUNCTION/EVENT: June 21, 2006
FISCAL IMP ACT: $30.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve reimbursement by the Clerk for Commissioner Frank Halas to
attend the gulf of Mexico Alliance at Rookery Bay National Estuarine Research Reserve
Environmental Learning Center.
PREPARED BY: Sandra Lea, Executive Aide to BCC
.--
Agenda Item No, 16H1
June 6, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16H1
Meeting Date:
Commissioner Halas requests Board approval to attend a function serving a valid public
purpose. Attending the Gulf of Mexico Alliance on June 21, 2006 at the Rookery Bay National
Estuarine Research Reserve Environmental Learning Center; $30,00 to be paid from
Commissioner Halas' travel budget.
6/6/2006 9:00:00 AM
Item Summary:
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
5/24/20063:01 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5125/20062:15 PM
r
ooe_
-~
r
~~
GULF OF
MEXICi
ALLIANCE
Agenda Item No, 16H1
June 6, 2006
Page 3 of 3
Please Join US...
Evening Reception celebrating the Gulf of Mexico Alliance
Wednesday, June 21st, 5:00 -7:00 p.m.
Rookery Bay National Estuarine Research Reserve
Environmental Learning Center
This informal reception will include great food, entertainment and an opportunity to meet and greet representatives from the
five Gulf states and Mexico, and federal and local agencies working together to help restore the health of the Gulf of Mexico.
RSVP to brenda.varnes@dep.state.fl.us by May 31 st. We look forward to seeing you on June 21 SIt
Sincerely,
Gary Lytton
Director
Rookery Bay Estuarine Research Reserve
300 Tower Road
Naples, FL 34113
5/18/2006
Agenda Item No, 1611
June 6, 2006
Page 1 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
1611
Miscellaneous items to file for record with action as directed,
6/6/2006 9:00:00 AM
Prepared By
Delainie Mcneil
Executive Aide to the BCC
Date
Board of Cou nty
Commissioners
BCC Office
51241200611:37:10AM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
5/24/20063:04 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25/2006 1:10PM
-
r"'"
I
Agenda Item No. 1611
June 6, 2006
Page 2 of 3
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 6, 2006
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida
Statutes, Chapter 136.06(1), the disbursements for the Board of
County Commissioners for the period:
(1) April 15, 2006 through April 21, 2006
(2) April 21, 2006 through April 28, 2006
(3) April 29, 2006 through May 5, 2006
B. Districts:
-
(1) Immokalee Water & Sewer District: 2005 Public Facilities
Report.
(2) Port of the Islands Community Improvement District: Agenda of
February 24, 2006; Minutes of January 27, 2006; Agenda of
January 27, 2006; Minutes of February 24, 2006; Revised
Notice of Meetings FY2006.
(3) Bio Cypress Basin Board of the South Florida Water
Manaoement District: Minutes of February 24, 2006.
C. Minutes:
(1) The Ochopee Fire Control District Advisory Board: Minutes of
April 10, 2006.
(2) Coastal Advisory Committee: Minutes of April 13, 2006.
(3) Collier County Plannino Commission: Revised Agenda for
May 18, 2006.
-
(4) Conservation Collier Land Acquisition Advisory Committee:
Minutes of April 1 0, 2006.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\060606 Misc Corresp.doc
Agenda Item No, 16/1
June 6, 2006
Page 3 of 3
(5) Collier County Domestic Animal Services Advisory Committee:
Minutes of April 18, 2006.
(6) Lely Golf Estates Beautification M.S.T.U. Advisory Committee:
Agenda for May 17, 2006; Minutes of April 20, 2006.
(7) Parks and Recreation Advisory Board: Agenda for May 17,
2006; Minutes of May 17, 2006.
(8) Pelican Bay Services Division:
(a) Clam Bay Subcommittee: Agenda for May 17, 2006;
Minutes of April 13, 2006.
(9) Collier County Government Productivity Committee: Agenda
for March 15, 2006; Minutes of March 15, 2006; Minutes of
March 23, 2006.
(a) Library Impact Fee Subcommittee: Minutes of March 23, 2006.
(b) The Collier County Productivity Sub-Committee on Rules
and Procedures: Minutes of November 14, 2005.
(c) School Impact Fee Subcommittee: Minutes of April 6, 2006.
(d) Transportation Impact Fee Subcommittee: Minutes of
April 1 0, 2006.
(10) Vanderbilt Beach M.S.T. U. Advisory Committee: Agenda for
June 1, 2006; Minutes of May 4, 2006
H:\DA T A \FRONT DESK - 2006\2006 Miscellaneous Correspondence\060606 Misc Corresp.doc
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Agenda Item No. 16J~1
June 6, 2006
Page 1 of2
EXE(m'IVE SUMMARY
/"
I
. . .'.. . .' ... .'. '. ." .... .'. .1
'REOOMMENDA.TIONTIIA':I:~T8'BOARD.'OJI' .t:omtrY.eo~
. ,..,' " , ' " . _' ',: . .' . ..:.... '_ "', .~. , . . .' .-, ,', ',', " , ".'. .,:' "," ," .' .' '_ . I.. .,....: '.
Atrl'BDRIZE "flq:'CLERK'S:"(;)BJCSTOJlLE TDSTAU OFl'LOltIPA
ANNUAL LOCA,LGOVE~I'INANCIAL UPORT I'OR TRBftSC4L
YEAB.:w04-200SAS.REQUlRBDBY FLQRlDA STATUTE 218.32. - '
'.:;, ~ '~','
OBJECI'IVi.t:To'RlCCive ~includiri8 tho'~ecutioIt. oftl1lCertifiCation bY'b .
Cbaim1an of the Boatd of CountY ~;..noners~tofi1ethe ~tate of Florida 'ADtlUal
Local Govm:mneat Firiancial R.ep.ortfor~fiscal ycjr'2004-200S...required byF10rida
S_te218.32." , . . '. 1 .
.,..
, ;,.:- -~
C()NsmERATI()NS;.' AspattQt":t1ie.8mwai aUdit,theF~ and'.' AccOtI~
. Departmerit is responsible for completina md filing cc:rtain. statutbri1y mandated repOrts.
IncJudecl in th_reports is the Depatwem ofFirumci8JS.-vices,' State ofFloridaADDual
Local GovermnabtFiDancial Repoit.. . This npm'tdocumen1l-the l1M!IIIUeI."
~dituresfor.lisiven fiscal ~.i1l8CCOl'daccwidl the S_of. P1ori~,~'
A~g S)'IteJJL;;,'Thereport~;~~.1:ly.:thO:~~~tn4~to.
be inagrKm.entwith theCompr~6Amma1piriaDCi..lR.ePortp~to'the1loard'
of County Commissioners on Februar,28. 2006. .
GROWI'BMAN~GEMENT IMP.A.~: 'l"hcI=~ I10llVwth ~impac,t,:.'
LEfiAl, .coNSDlJlUt.noNS:~'.".~ .are....~....J.Sa.tCcmsid~outaido.~<ihe
statutDryflling:req11irmnent.' ';..' , . , .. . ....." .
'nSc~ IMPACf:There is no'~ impact.
'\
. .
, '.
"" ,',' . .', .... 'c', ,', .. _"_',__' _ ",,::, . "_ '.:':,'.:::'
RECOMME~ATION: ...That\tl1o i&ard of~.CommilliOD.cn~"tl1e
f'~"and .Accounting Dep~to. file the afOIclinantjoned repOrt. 'In exOeuted .foltn,....
Withthet)cpartment of Financial SCI-riceB. .
ProparedBy:
: :', . '. '. .' . ':-". . :,"~:. , . '''''. ..' . , :' :': ..~
Datei .ijril";d~r~ ...
note:. )#~,
'~"'-l.':': . :
Reviewed By:
.>.."
Date: #/,'IU!/::1O
. .
R.eviewed By:. "
~,,'~, ..~.-;I_.,_.:\~-:)j;.:, :,.r;-1;$~:';
" -.;;": ~:'-;'~~.::! :;~:~:>" ;:";
Agenda Item No. 16J1
June 6, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16J1
This item continued from the April 11, 2006 BCC Meeting. Recommendation that the Board
of County Commissioners authorize the Clerk's Office to file the State of Florida Annual Local
Government Financial Report for the Fiscal Year 2004-2005 as required by Florida Statute
218.32,
6/6/2006 9:00:00 AM
Item Number:
Item Summary:
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/25/20064:12 PM
Agenda Item No. 16K1
June 6, 2006
Page 1 of 8
EXECUTIVE SUMMARY
-
Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of $80,400.00 for the Acquisition of Parcels 119, 121,
821 and 921 in the Lawsuit Styled Collier County v. Robert J. Derr, et at., Case No. 03-2196-CA
(Golden Gate Parkway Project No. 60027). (Fiscal Impact: $47,286.75).
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement as full and final compensation to be paid for the acquisition of Parcels 119, 121, 821 and
921 in the lawsuit styled Collier County v. Robert J Derr, et a/., Case No. 03-2196-CA (Golden
Gate Parkway Project No. 60027).
CONSIDERA TIONS: The County acquired the subject property by depositing the sum of
$45,300.00 into the Court Registry on September 26, 2003. The County and Respondent have
negotiated a settlement of $80,400.00 for full compensation. If the settlement is approved, the
County is responsible for the following costs:
. Additional Deposit/Disbursement Amount: $ 35,100.00
. Expert Fees: To be determined
. Statutory Attorney's Fees*: $ 12,036.75
__. . Clerk's Service Fee: $ 150.00
TOTAL: $ 47,286.75
*Attorney's fees are mandated by 973.092, F.S., and are based on 33% of the total benefit achieved,
i.e., 0.33 x ($80,400 - $43,925).
Attached is the Mediated Settlement Agreement.
FISCAL lM.PACT: Funds in the amount of $47,286.75 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Mediated Settlement Agreement;
2. Approve the Stipulated Final Judgment which incorporates the terms and
conditions of the Mediated Settlement Agreement to be presented to the
Court for entry;
3. Approve the expenditure of funds as stated;
4. Direct staff to deposit the sum of 35,1 00.00 with the Clerk of Court; and
~
5. Direct staff to make disbursement of the funds.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K1
June 6, 2006
Page 2 of 8
2
Agenda Item No, 16K1
June 6, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of $80,400.00 for the Acquisition of Parcels 119, 121,
821 and 921 in the Lawsuit Styled Collier County v. Robert J. Derr, et aI., Case No. 03-2196-
CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact: $47,286,75).
6/6/2006 9:00:00 AM
Prepared By
Heidi F, Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/18/20068:27:13 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
5/181200612:50 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
5/18/20062:00 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
5/22/2006 3:35 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/23120069:15 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5123/200610:45 AM
Approved By
David C, Weigel
County Attorney
Date
County Attorney
County Attorney Office
5/24/20063:49 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
5/25/2006 9:20 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/25/2006 3:28 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/25120064:31 PM
Agenda Item No, 16K1
June 6,2006
Page 4 of 8
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/2512006 5:39 PM
.
..
Agenda Item No. 16K1
June 6, 2006
Page 5 of 8
""
:t
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT.
IN AND FOR COLLIER COUNTY. FLORIDA
COLLIER COUNTY, FLORIDA,
a political subdivision of the State of Florida,
Petitioner,
CASE NO. : 03-2196-CA
vs.
PARCEL NOS. : 119; 121;821 & 921
ROBERT J. DERR, et al..,
Defendants.
I
MED~TEDSETTLEMENTAGREEMENT
lhis Mediated Settlement Agreement has been entered into between COLLIER
COUNTY, hereinafter referred to as Petitioner, and ROBERT J. DE~ and his heirs, assigns or
successors, hereinafter referred to as Defendants, subsequent to a mediation conference held
on the 10th day of May, 2006, with the parties agreeing to the following:
._-_.- ...-,. .... ......-......,,. - ...'.-...-.....--.-- ... .....
1. Petitioner will pay to Defendants as compensation, the SlUD of $80,400.00, to fully
and finally settle any and all c1a4ns for compensation in this matter for Parcels 119, 121,821 .
and 921, including claims by Defendants for land and improvements taken, severance,
business or special damages, relocation entitlements and interest. The Petitioner was also pay
to counsel for Defendant statutory attorney's fees in the amount of $12,036.75, which does
not include attorney's fees and costs for supplemental proceedings, if any. The above stated
-1-
Agenda Item No. 16K1
June 6, 2006
Page 6 of 8
. total settlement amOlmt does not include claims for expert's fees, costs or expenses related
to Parcels 119, 121, 821 and 921. The parties agree to enter into a separate agreement for
such items. The sum paid by Petitioner as compensation for Parcels 119, 121, 821 and 921
is subject to apportionment by other interested parties, if any. This Mediated Settlement
Agreement is conditioned upon the approval by the Board of COtmty Commissioners of the
terms of this Mediated Settlement Agreement.
2. Petitioner shall receive credit for all sums previously deposited in this cause and
received by Defendant for Parcels 119, 121, 821 and 921.
3. Petitioner shall pay the balance due for Parcels 119, 121,821 and 921, by deposit
into the registry of the Court, within 30 days after receipt by the Petitioner of a conformed
copy of the Stipulated Final Judgment rendered by the Court and referred to below.
4. Petitioner and Defendant(s) "ill submit a joint motion for entry of a mutually
acceptable Stipulated Final Judgment consistent with this Mediated Settlement Agreement,
within 20 days of approval of this Mediated Settlement Agreement by the Board of County
Commissioners.
5. The Court shall retain jurisdiction in this matter to enforce this Mediated Settlement
Agreement and the Stipulated Final Judgment, and to conduct any supplemental proceedings,
if necessary.
6. This Mediated Settlement Agreement, attachments and Addendum, ifany, contain
all of the agreements of the parties and every part of every agreement. No oral agreement,
-2-
Agenda Item No, 16K1
June 6, 2006
Page 7 of 8
,statement or representation is binding unless contained within the Mediated Settlement
Agreement, attachments or Addendum.
7. The parties and their counsel have reviewed and understand the terms of this
Mediated Settlement Agreement and have voluntarily determined to enter into this Mediated
Settlement Agreement without compulsion by any participant in this mediation conference.
8. The parties warrant that they have full authority to enter into a full, complete and
binding settlenr.ent with regard to Parcels 119, 121, 821 and 921. .
Jd. j . r v^'-----.. \J~ ~
IDI'lf. ksHTON, ESQ. VANESSA THOMAS, ESQ.
Florida Bar No. 0966770 Florida BarNo. 0702412
Office of the County Attorney Foreman Hanratty & Montgomery
Harmon Turner Bldg. 320 N.W. Third Ave
3301 East Tamiami Trail Ocala, PI. 34478
Naples, Florida 34112 (352) 732-3915
(239) 774-8400 Counsel for Defendants
Counsel for Petitioner
/~(. /~
~J1M
ClienV ~lient epresentative
By: fioberT X J)E:/f!f
(please Print)
Collier County
Client Representative
By: 1L\1I\~:~ H6N AeQt-.s~~
(Please Print)
Collier County
Client Representative
By:
Client / Client Representative
By:
(please Print)
(Please Print)
-3-
.
,
'. Cl\~ ,~ ~ ~
Alan E. DeSerio, Esq.
Certified Circuit Court Mediator
Post Office Box 1485
Brandon, FI. 33509-1485
(813) 335-2241
Dated: May 10, 2006
-4-
Agenda Item No. 16K1
June 6, 2006
Page 8 of 8
Agenda Item No. 17 A
June 6, 2006
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve Petition SNR-
2005-AR-9467, by DY Land Associates, LTD., represented by Mark W. Minor of Q.
Grady Minor & Associates, P.A., requesting a street name change from Clear
Marsh Circle to Aviamar Circle for property in Fiddler's Creek Phase 5 Unit 1 -
Aviamar, located within Section 13, Township 51 South, Range 26 East.
OBJECTIVE: That the Collier County Board of County Commissioners approve a
Resolution renaming Clear Marsh Circle, as depicted in the plat of Fiddler's Creek Phase
5 Unit 1 - Aviamar, recorded in Plat Book 45, Pages 34 through 39, to Aviamar Circle.
CONSIDERATIONS: The Petitioner has met the requirements for requesting a street
name change and the proposed name does not duplicate an existing street name in Collier
County. There are 40 lots abutting the street, all of which are owned by the Petitioner.
FISCAL IMP ACT: Fiscal impact to the County Manager's agency will be incurred in
the form of staff time spent in revising plats and addressing records. Fiscal impact to fire,
police (Sheriffs Office), Post Office, EMS, and 911 Emergency Services will be incurred
in the form of costs to update records and maps.
.-
The Petitioner will bear the cost of replacing the street sign(s).
GROWTH MANAGEMENT IMP ACT: None.
PLANNING COMMISSION RECOMMENDATION: The Collier County Planning
Commission does not review street name change petitions.
LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this
petition and its compliance with criteria set forth in Chapter 22, Article X, of the Collier
County Code of Laws and Ordinances. The proposed Resolution is authorized by Section
336.05, Florida Statutes, and has been reviewed and approved by the County Attorney's
Office.
STAFF RECOMMENDATION: That the Board of County Commissioners approve
the proposed Resolution renaming Clear Marsh Circle, as depicted in the plat of Fiddler's
Creek Phase 5 Unit 1 - Aviamar, recorded in Plat Book 45, Pages 34 through 39, to
A viamar Circle.
Prepared by: Ashley Blair, Planner
Zoning & Land Development Review
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 17 A
June 6,2006
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members, Recommendation that the Board of County Commissioners approve
Petition SNR-2005-AR-9467, by OY Land Associates, L TO" represented by Mark W, Minor of
a. Grady Minor & Associates, P.A., requesting a street name change from Clear Marsh
Circle to Aviamar Circle for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located
within Section 13, Township 51 South, Range 26 East.
6/6/2006 9:00:00 AM
Prepared By
Ashley Blair
Community Development &
Environmental Services
Planner
Date
Approved By
Zoning & Land Development Review
5/1/20063:23:51 PM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
5/2/20069:09 AM
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/5/200611:22 AM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
5/5/2006 3:22 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/15/20063:55 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/16/20069:40 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/22/200610:24 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/23/2006 8:50 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Agenda Item No. 17 A
June 6, 2006
Page 3 of 14
Transportation Services
Transportation Services Admin.
5/23/20069:16 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/25/200612:19 PM
Agenda Item No, 17A
June 6, 2006
Page 4 of 14
RESOLUTION 2OO(i -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RENAMING CLEAR MARSH CIRCLE TO A VIAMAR
CIRCLE, LOCATED IN FIDDLER'S CREEK PHASE 5
A VIAMAR, UNIT ONE, WITHIN SECTION 13, TOWNSIDP
51 SOUTH, RANGE 26 EAST, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 336.05, Florida Statutes, has conferred on all counties in Florida the
power to name or rename streets and roads, except for certain state roads; and
WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws
and Ordinances of Collier County, Florida, established criteria and procedures to rename streets
or roads; and
WHEREAS, Mark W. Minor, of Q. Grady Minor & Associates, P.A., agent for petitioner
DY Land Associates, LID., has applied to rename Clear Marsh Circle to Aviamar Circle
pursuant to the procedures set forth in Section 22-360 of the Code of Laws and Ordinances. This
street is depicted in the plat of Fiddler's Creek Phase 5 Aviamar, Unit One, as recorded in Plat
Book 45, Pages 34 through 39 of the Public Records of Collier County, Florida, and located in
Section 13, Township 51 South, Range 26 East; and
WHEREAS, after notice pursuant to said procedures being made and provided, the Board
of County Commissioners held a public hearing to consider the application and determined that
all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met,
specifically finding that there is no other street in Collier County with the same name or any
similar sounding name.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Effective this date of hearing, Clear Marsh Circle, as depicted in the plat of Fiddler's
Creek Phase 5 Aviamar, Unit One, as recorded in Plat Book 45, Pages 34 through 39 of
the Public Records of Collier County, Florida, is hereby changed to Aviarnar Circle and
is confirmed as such.
2. This Resolution shall be recorded in the Public Records of Collier County, Florida, and
noted upon the appropriate zoning atlas of Collier County, and notations made on the
referenced plat.
This Resolution adopted after motion, second and super-majority vote favoring same, this
_dayof
,2006.
AITEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
L~Dt--\
""'" ~ - ~ '() t> ~ C-Q..J:::. s=.lor_
..--- ~enda Item No. 17 A
June 6, 2006
Page 5 of 14
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Agenda Item No. 17 A
June 6, 2006
Q. GRADY MINOR & ASSOCIATES, P.A. Page 6 of 14
Civil Engineers _ Land Surveyors _ Planners. Landscape Architects
.
.;,~
MARK W. MINOR, P.E.
NORMAN J. TREBILCOCK, A.I.C.P., P.E.
C. DEAN SMl1'H, P.E.
DAVID W. SCHMITT, P.E.
MICHAEL J. DELATE, P.E.
MICHAEL T. HERRERA, P.E.
WIlSON A GARCIA, P,E.
March 24, 2006
D. WAYNE ARNOLD, AI.C.P.
ROBERT "BOB" TIlINNFS, A.I.C.P.
SfEPHEN V. BURGESS, P.S.M,
JUAN A ARAQUE, P.S.M.
KENNETIi W. PAHUTSKI
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA, RLA
IVY WYLIE, P.E.
Ms. Susan Murray
Community Development Services
2800 North Horseshoe Drive
Naples, FL 34104
S~-2006-AJi-9467
PROJECT #2006030067
DATE: 3/29/06
ASHLEY BLAIR
RE: Fiddler's Creek Phase 5 Unit l-Aviamar
Dear Ms. Murray:
Enclosed are the items necessary to submit the Collier County Street Name Change Application
for the above-referenced project. Included with this submittal are the following items:
Recorded Surveyor's Affidavit
Plat (previously submitted 3/21/06).
CD with all documents submitted
Clear Marsh Circle to A viamar Circle:
1. Check #8784 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map shov"iug name change.
Laughing Gull Court to Marengo Court:
1. Check #8785 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
Street Name Change Application including legal description
Petition
Addressing Checklist
Site Map showing name change.
2.
3.
4.
5.
(239) 947-1144 _ FAX (239) 947-0375 _ Web Site: www.gradyminor.com
3800 Via Dei Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 _ LB 0005151 _ LC 26000266
<::>
~~
~ ~
~ ~
~ ~
~
F:\IOB\E.I;\FlDDLER'S CREEK\FCJ3PLT\PPL - Phase 5 Unill\Name Change Aff-3-21-06\L-Cvr-SDP-03-24-06.doc
..
Agenda Item No, 17 A
June 6, 2006
Page 7 of 14
Ms, Susan Murray
RE: Fiddler's Creek Phase 5 Unit 1 Aviamar
Street Name Change Application
March 24, 2006
Page 2
Wading Bird Court to Serena Lane:
1. Check #8786 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
Skylark Court to Serenity Court:
1. Check #8787 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition /
4. Addressing Checklist
5. Site Map showing name change.
MTH:klt
ark W. Minor, P.E.
If you have any questions, please contact our offi e.
cc: Jack McKenna
Gulf Bay Land Development Company
QGM Survey Dept
QGM File
F:\JOBIE-FlFIDDLER'S CREEK\FC13PL1\PPL - Phase 5 Unit !\Name Change Aff-3-2!-06\L-Cvr-SDP-03-24-06doc
.
(i)
Agenda Item No 17 A
SNR-2006-AR-9467 June 6, 2006
PROJECT #200603006fge 8 of 14
DATE: 3/29/06
ASHLEY BLAIR
.
APPLICATION FOR STREET NAME CHANGE
DATE:
AGENT'S NAME: Mark W. Minor
Telephone No. 239-947-1144
AGENT'S FIRM: O. Gradv Minor & Associates. P.A.
Fax No. 239-947-0375
AGENT'S ADDRESS:
3800 Via Del Rev. Bonita Springs. FL 34134
AGENT'S E-MAIL ADDRESS:
mminor~gradvminor.com
PETITIONER'S NAME:
DY Land Associates. LTD.
Telephone No.
239-417-6439
PETITIONER'S ADDRESS:
3470 Club Center Blvd. Naples. FL 34114
PETITIONER'S E-MAIL ADDRESS:
mckennai@~lfbay.com Fax No. 239-775-5018
COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION.
( Provide additional sheets if necessary)
Name of Homeowner Association:
Not in existance
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Not in existence
Mailing Address
City
State _ Zip
E-Mail address:
Fax#:
Name of Civic Association:
Mailing Address
City
State _ Zip
E-Mail Address: Fax #:
*Be aware that Collier County bas lobbyist regulations. Guide yourself accordingly and ensure that you are in
compliance with these regulations.
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT/CURRENT PLANNING
2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104
TELEPHONE (941) 403-2300, FAX (941) 643-6968
Application for Street Name Change - Revised Aprill", 2003
Page 2 of6
Agenda Item No, 17 A
June 6, 2006
Page 9 of 14
PROPOSED CHANGE:
CURRENT NAME OF STREET: Clear Marsh Circle
PROPOSED STREET NAME: Aviamar Circle
STREET IN QUESTION IS:
D public, or l8J private
Reason for proposed change:
The street names were approved on the new SDP as the current names and the newlv recorded plat was not
updated to reflect the current street names. We are reauestinl!: the street name chaDl!e to make the newlv recorded
plat match the current and correct street names. Addresses have nat vet been issued bv Collier Cauntv Addressioe:.
Approximate length of street:
I mile
Number of parcels or lots abutting street: ~
Total Number of property owners abutting street to be renamed:
Total Number of property owners signing petition to change street name:
Percentage of property owners signing petition:
100%
Applicant L8J does, or D does not, agree to pay cost of street sign replacement for public street,
(approx. $100.00 per sign)
Application for Street Name Change - Revised April 14, 2003
Page 3 of6
III
Agenda Item No. 17 A
June 6, 2006
Page 1 0 of 14
LOCATION:
List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary)
A. Subdivision: Fiddler's Creek Phase Five
Unit No.
One
Tract No,
A
A. Section:
13
Township: 51
Range:
26
B. Subdivision:
Unit No.
Tract No.
B. Section:
Township:
Range:
C. Subdivision:
Unit No.
Tract No.
C. Section:
Township:
Range:
D. Subdivision:
Unit No,
Tract No.
D. Section:
Township:
Range:
F. Subdivision:
Unit No.
Tract No.
F. Section:
Township:
Range:
Application for Street Name Change - Revised April 14, 2003
Page 4 of6
Agenda Item No, 17A
June 6, 2006
rdyt:: II UI 1'+
PETITION
TO: THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO
CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM Clear Marsh Circle
TO Aviarnar Circle
,"' ".' SIGNATURE ",' . "......'., ,,,:..' ; .'A'.I)D_SS: ....,... '. I., ;".;., I.EG~:DE~."""';;'; ,;,',"'./DATE
I 3470 Club Center Blvd. A 3/22/06
IA ,,\ ~
'1lG\. if \ ' Naples, FL 34 1 14
I / -l6 .........- ,)
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{j(' \ ",\..; , ~Pct
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Application for Street Name Change - Revised April 14, 2003
Page S of6
Mar 24 06 11:40a
Collier Co. ADDRESSING
941-659-5724 p.2
Agenda Item No, 17 A
June 6, 2006
Page 12 of 14
,
SNR-2006-AR-9467
PROJECT #2006030067
DATE: 3/29/06
ASHLEY BLAIR
ADDRESSING CHECKLIST
Please coxnpletc the following and submit to the Adchasiog Section for Review. Not all items will apply to
t::Yery protect. IteInS: in bold me arc reauired.
1. Lepl deseriptioD. of subject property or properties (copy of lengthy tUscrlptlo", may be attoched)
Section 131 Townshio 511 Ra!u~e 26
2. Folio (property ID) awuber(s) of above (attach to, (Jf' associate with, legal description ifmore than one)
00741170003
3. Street address Ot: adc!reases (as applicable, if already asstgMd)
N/A
4. Location map, showing exact location ofprojcc:tlsite in relation to nearest public road right-of-way
5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERnES)
6. Proposed project Dame (if applicable)
Fiddler's Creek Phase 5 Unit 1- Aviamar
7. Proposed Sttect names (if tlpplicable)
See attached.
8. Site Development Plan Number (FOR EXISTING PllOJECTSISI1ES ONLY)
SDP
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
o SOP (Site Development Plan)
DSDP A (SDP Amendment) .
o SDPl (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIP A (SIP Amendment)
181 8NR (Street NlID'lc Change)
o VcgetationIBxotic: 01cg. Removal Pennits)
o Land Use Petition (Variancet Conditional Use.
Boat Dock Ext., Rezone, PUD n:zonet etx:.)
o Other - Dcscn'be:
10. P~ject or development names proposed fOf, or already appearing in, condominium documents (if
applicable; indicate whether proposed or existing)
11. Please Check Oue: 181 Checklist is to be Faxed Back 0 Personally Picked Up
12. ~pplieaat NlUJle Mark W. Minor Pboae (239) 947-1144 Fax 039) 947"()375
13. Signature on Addressing Cbet-1rIi~t docs not c.onstitute Project and/or Street Name approval at.ld is subject to
:fiJrther review by the Addressing Section..
FOR STAFF USE ONLY
Primm:yNwnber 3YSi=r 0
Address Number '3(., '1 ~ q I
Address Number
Address Number
o PPL (plans &. Pial Review)
DO PSP (Preliminary Subdivision Plat)
FP (Final Plat)
o LLA (Lot Line Adjustment)
BL (Blasting Permit)
ROW (Right-of-Way Permit)
EXP (Excavation Permit)
~ VRSFP (Vog. Removol & 81'" FdI Permit)
Approved by
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Date 3'" d. L{ -0 '-0
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Agenda Item No. 17 A
June 6, 2006
Page 13 of 14
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers _ Land Surveyors _ Planners _ Landscape Architects
MARK W. MINOR. P.E.
NORMAN J. TREBILCOCK. A.I.C.P., P.B.
C. DEAN SMrlH,. P.B.
DAVID W. SCHMl'IT, P.E.
MICHAEL J. DBLATP,. P.E.
MICHAEL T. HERRERA, P.E.
WIl.SON A GARCIA, P.E.
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D. WAYNE ARNOLD, A.I.CP,
ROBEK1' "BOB" nDNNES, ALCP,
STBPHEN V. BURGRSS, P.S.M
JUAN A. ARAQua P S.M,
l<ENNB'lH W. PAHUTSKl
ALAN V. ROOEMAN
JEFFREY s. CURL, ASLA, RLA
IVY WYLIE, P.R
SURVEYOR'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LEE
SNR-2006-AR-9467
PROJECT #2006030067
DATE: 3/29/06
ASHLEY BLAIR
BEFORE ME, the tUldersigned authority, personally appeared Stephen V. Burgess
("Affiant") who being first duly sworn upon oath, deposes and says the follows:
1. Affiant is a duly licensed Land Surveyor tUlder the laws of the State of Florida under
License Number 6408.
2. Affiant has examined the Street Names contained in Fiddler's Creek Phase 5
Aviamar, Unit One, as recorded in Plat Book 45, pages 34 thru 39 of the public
records of Collier County, Florida, Exhibit "A" attached hereto.
3. Affiant has examined the Street Names from the Development Order submittal to
Collier County, is attached hereto and made a part hereof as Exhibit ..B".
4. This Affiant is made for the purposes of establishing that the following scriveners
error which occurred. The following Street Names contained in Exhibit .'A" are to be
replaced with the following Street Names contained in Exlu'bit '.B", hereto after.
-
.."
-
-
~
Exhibit" A" Exhibit "8"
Sandpiper Drive Sandpiper Drive
Clear Marsh Circle Aviamar Circle
Laughing Gull Court Marengo Court
Wading Bird Court Serena Lane
Skylark Court Serenity Court
Club Center Boulevard Club Center Boulevard ,'.J...:-::-;:~~2,!'~:.:::~ ,
Under penalties of perjury, the undersigned Affiant dec~.that<iiiiba~ :~3niined tb!~
Affidavit and the facts herein are true, correct and complet~..J~~..<:j-S:.;"_;~ ':':~';;::'~:;t
ruRTIIER AFFIANT SA YEfH NOT. ":-.,':;:;~:C;;t'~r~:'~?c:
... :) ":.
ephen V. Burgess. . ~.64Q8>;;,~" .: .';
, ~".. ~~~- \ ~~.~~~..i' ~~~~~~:~'_'_' .."". >'
2SWORN TO AND SUBSC~BED BEFORE METHIS~&;'~~l~'200A by
Stephen V. Burgess who is (0' personally known to me or haS ( )
produced as . . cation.
PAMELA M. CASE
MY COMMISSION' DO 3S3S88
EXPIRES: May 24, 2IXXI
8c:n<leCl TIIu NoIIry "'* IJndIrwIlIeD
(seal)
(239) 947-1144 _ FAX (239) 947-0375 _ Web Site: www.gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 _ LB 0005151 _ LC 26000266
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Agenda Item No. 17B
June 6, 2006
Page 1 of 13
-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve Petition SNR-
2005-AR-9468, by DY Land Associates, LTD., represented by Mark W. Minor of Q.
Grady Minor & Associates, P.A., requesting a street name change from Laughing
Gull Court to Marengo Court for property in Fiddler's Creek Phase 5 Unit 1 -
Aviamar, located within Section 13, Township 51 South, Range 26 East.
OBJECTIVE: That the Collier County Board of County Commissioners approve a
Resolution renaming Laughing Gull Court, as depicted in the plat of Fiddler's Creek
Phase 5 Unit 1 - Aviamar, recorded in Plat Book 45, Pages 34 through 39, to Marengo
Court.
CONSIDERATIONS: The Petitioner has met the requirements for requesting a street
name change and the proposed name does not duplicate an existing street name in Collier
County. There is one lot abutting the street, which is owned by the Petitioner.
FISCAL IMP ACT: Fiscal impact to the County Manager's agency will be incurred in
the form of staff time spent in revising plats and addressing records. Fiscal impact to fire,
police (Sheriffs Office), Post Office, EMS, and 911 Emergency Services will be incurred
in the form of costs to update records and maps.
--
The Petitioner will bear the cost of replacing the street sign(s).
GROWTH MANAGEMENT IMP ACT: None.
PLANNING COMMISSION RECOMMENDATION: The Collier County Planning
Commission does not review street name change petitions.
LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this
petition and its compliance with criteria set forth in Chapter 22, Article X, of the Collier
County Code of Laws and Ordinances. The proposed Resolution is authorized by Section
336.05, Florida Statutes, and has been reviewed and approved by the County Attorney's
Office.
STAFF RECOMMENDATION: That the Board of County Commissioners approve
the proposed Resolution renaming Laughing Gull Court, as depicted in the plat of
Fiddler's Creek Phase 5 Unit 1 - Aviamar, recorded in Plat Book 45, Pages 34 through
39, to Marengo Court.
Prepared by: Ashley Blair, Planner
Zoning & Land Development Review
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 178
June 6, 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17B
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation that the Board of County Commissioners approve
Petition SNR-2005-AR-9468, by DY Land Associates, L TD" represented by Mark W, Minor of
Q, Grady Minor & Associates, PA, requesting a street name change from Laughing Gull
Court to Marengo Court for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar. located
within Section 13, Township 51 South, Range 26 East.
6/6/2006 9:00:00 AM
Prepared By
Ashley Blair
Community Development &
Environmental Services
Planner
Date
Approved By
Zoning & Land Development Review
512120069:11:22 AM
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
512/20069:20 AM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
5/512006 3:23 PM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
51101200612:29 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5115120064:05 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5116120069:49 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
512212006 10:25 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
512312006 8:55 AM
Approved By
Norm E, Feder, AICP
Transportation Division Administrator
Date
Agenda Item No. 178
June 6, 2006
Page 3 of 13
Transportation Services
Transportation Services Admin.
5/23/20069:16 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/25/2006 1 :01 PM
RESOLUTION 2006 -_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RENAMING LAUGHING GULL COURT TO MARENGO
COURT, LOCATED IN FIDDLER'S CREEK PHASE 5
A VIAMAR, UNIT ONE, WITHIN SECTION 13, TOWNSIDP
51 SOUTH, RANGE 26 EAST, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 336.05, Florida Statutes, has conferred on all counties in Florida the
power to name or rename streets and roads, except for certain state roads; and
WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws
and Ordinances of Collier County, Florida, established criteria and procedures to rename streets
or roads; and
WHEREAS, Mark W. Minor, of Q. Grady Minor & Associates, P.A., agent for petitioner
DY Land Associates, LTD., has applied to rename Laughing Gull Court to Marengo Court
pursuant to the procedures set forth in Section 22-360 of the Code of Laws and Ordinances. This
street is depicted in the plat of Fiddler's Creek Phase 5 Aviamar, Unit One, as recorded in Plat
Book 45, Pages 34 through 39 of the Public Records of Collier County, Florida, and located in
Section 13, Township 51 South, Range 26 East; and
WHEREAS, after notice pursuant to said procedures being made and provided, the Board
of County Commissioners held a public hearing to consider the application and determined that
all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met,
specifically finding that there is no other street in Collier County with the same name or any
similar sounding name.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Effective this date of hearing, Laughing Gull Court, depicted in the plat of Fiddler's
Creek Phase 5 Aviamar, Unit One, as recorded in Plat Book 45, Pages 34 through 39 of
the Public Records of Collier County, Florida, is hereby changed to Marengo Court and is
confirmed as such.
2. This Resolution shall be recorded in the Public Records of Collier County, Florida, and
noted upon the appropriate zoning atlas of Collier County, and notations made on the
referenced plat.
This Resolution adopted after motion, second and super-majority vote favoring same, this
_ day of ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
,Deputy Clerk
FRANK HALAS, Chairman
App v
and
Agenda Item No, 178
June 6, 2006
Page 4 of 13
L---~Jn""\ M--'-~ - B~~~ c-~s:::..M_
~ ..... , \\0''- · " "" ..- ---~enda Item No. 17B
June 6, 2006
Page 5 of 13
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Agenda Item No. 178
June 6, 2006
Q. GRADY MINOR & ASSOCIATES, P.A. Page 6 of 13
Civil Engineers. Land Surveyors. Planners. Landscape Architects
MARK W. MINOR, P.E.
NORMAN J. TREBILCoc:I<. ALe.p., P.E.
C. DEAN SMI'TH, P.E.
DAVID W. SCHMITT, P.E.
MICHAEL]. DELATE, P.E.
MICHAEL T. HERRERA. P.E.
WILSON A GARCIA, P.E.
March 24, 2006
D. WAYNE ARNOLD, A.I.C.P.
ROBERT "BOB" THINNES, Al.C.P.
STEPHEN V. BURGFSS, P S.M.
JUAN A. ARAQUE, P.S.M.
KENNETH W. PAHUTSKI
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA,. RLA
IVY WYLIE, P.E.
Ms. Susan Murray
Community Development Services
2800 North Horseshoe Drive
Naples, FL 34104
-----
SNR-2006-AR-9468 -. - --
PROJECT #2006030068
DATE: 3/29/06
ASHLEY BLAIR
RE: Fiddler's Creek Phase 5 Unit l-Aviamar
Dear Ms. Murray:
Enclosed are the items necessary to submit the Collier County Street Name Change Application
for the above-referenced project. Included with this submittal are the following items:
Recorded Surveyor's Affidavit
Plat (previously submitted 3/21/06).
CD with all documents submitted
Clear Marsh Circle to Aviamar Circle:
1. Check #8784 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
Laughing Gull Court to Marengo Court:
1. Check #8785 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
Street Name Change Application including legal description
Petition
Addressing Checklist
Site Map showing name change.
2.
3.
4.
5.
(239) 947-1144. FAX (239) 947-0375. Web Site: www.gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 _ LB 0005151 _ LC 26000266
~
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F:\JOB\E-F\FIDDLER'S CREEK\FC13PLTlPPL - Phase 5 Unit l\Narne C'hange Aff-3-2I-06\L-Cvr-SDP.o3-24-06.doc
Agenda Item No. 178
June 6, 2006
Page 7 of 13
..
Ms. Susan Murray
RE: Fiddler's Creek Phase 5 Unit 1 A viamar
Street Name Change Application
March 24, 2006
Page 2
Wading Bird Court to Serena Lane:
1. Check #8786 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
Skylark Court to Serenity Court:
1. Check #8787 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
If you have any questions, please contact our 0
ark W. Minor, P.E.
MTH:k1t
cc: Jack McKenna
Gulf Bay Land Development Company
QGM Survey Dept
QGM File
F:\JOB\E-F\FIDDLER'S CREEK\FC13PLT\PPL. Pl1l1'le 5 Unit I\Narne Change Aff.3.2I-06lL-Cvr-SDP-03.24-{)6_doc
Agenda Item No. 17B
June 6, 2006
Page 8 of 13
S~-2006-~-9468
PROJECT #2006030068
DATE: 3/29/06
ASHLEY BLAIR
APPLICATION FOR STREET NAME CHANGE
DATE:
AGENT'S NAME: Mark W. Minor
Telephone No. 239-947-1144
AGENT'S FIRM: Q. Gradv Minor & Associates. P.A.
Fax No. 239-947-0375
AGENT'S ADDRESS:
3800 Via Del Rev. Bonita Sonne:s. FL 34134
AGENT'S E-MAIL ADDRESS:
mminorrme:radvrninor ,com
PETITIONER'S NAME:
DY Land Associates. LTD.
Telephone No.
239-417-6439
PETITIONER'S ADDRESS:
3470 Club Center Blvd. Naples. FL 34114
PETITIONER'S E-MAIL ADDRESS:
mckennai@e:ulfbav.com Fax No. 239-775-5018
COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION.
( Provide additional sheets if necessary)
Name of Homeowner Association:
Not in existance
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Not in existence
Mailing Address
City
State _ Zip
E-Mail address:
FaX#:
Name of Civic Association:
Mailing Address
City
State _ Zip
E-Mail Address: Fax #:
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in
compliance with these regulations.
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT/CURRENT PLANNING
2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104
TELEPHONE (941) 403-2300, FAX (941) 643-6968
Application for Street Name Change - Revised April 14, 2003
Page 2 of6
Agenda Item No. 178
June 6, 2006
Page 9 of 13
PROPOSED CHANGE:
CURRENT NAME OF STREET: Laughing Gull Court
PROPOSED STREET NAME: Marem!O Court
STREET IN QUESTION IS:
o public, or [gI private
Reason for proposed change:
The street names were approved on the new SDP as the current names and the newlv recorded plat was not
updated to reflect the current street names. We are reauestiDl! the street name chane:e to make the newlv recorded
plat match the current and correct street names. Addresses have not vet been issued bv Collier County Addressint!.
Approximate length of street: O. 2 miles
Number of parcels or lots abutting street:
1
Total Number of property owners abutting street to be renamed: 1
Total Number of property owners signing petition to change street name:
Percentage of property owners signing petition:
100%
Applicant [gI does, or D does not, agree to pay cost of street sign replacement for public street,
(approx. $100.00 per sign)
Application for Street Name Change - Revised April 14, 2003
Page 3 of6
Agenda Item No. 17B
June 6, 2006
Page 10 of 13
LOCATION:
List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary)
A. Subdivision: Fiddler's Creek Phase Five
Unit No.
One
Tract No.
A-3
A. Section:
13
Township: 51
Range:
26
B. Subdivision:
Unit No.
Tract No.
B. Section:
Township:
Range:
C. Subdivision:
Unit No.
Tract No.
C. Section:
Township:
Range:
D. Subdivision:
Unit No.
Tract No.
D. Section:
Township:
Range:
F. Subdivision:
Unit No.
Tract No.
F. Section:
Township:
Range:
Application Cor Street Name Change - Revised April 1<1, Z003
Page <I oC6
Agenda Item No. 17B
June 6, 2006
rd~t: I I VI I,)
PETITION
TO: THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO
CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM Laughing Gull Court
TO Marengo Court
;'" SI~NATURE ADDRESS .; ..;." LEG~<DESC.; ; " ',.'....DAft . .,'
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3470 Club Center Blvd. A-3 3/22/06
, ,I" ,,",
I . i I I
II !\-'Ir ."JA ' .Lt Naples, FL 341 14
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Application for Street Name Change - Revised April 14, 2003
Page 5 of6
Mar 24 OS 11:40a
Collier Co.
ADDRESSING
S41-S59-5?~~enda Item No. 17B. 2
June 6, 2006
Page 1.?_of 13
S~-2006-AUR-9468
PROJECT #2006030068
DATE: 3/29/06
ASHLEY BLAIR
.A.DDllf'SSlNG CHECKLIST
Please complete 1he following m5l submit to the 'Addrasiog Scc1ion for Review. Natali items !fill a"DDlv to
tNery omiect Items: in bold me arc required.
1. Legal description of .subject property or properties (COp)l ofkngrhy MSC1'tptlo'lt may be attached)
Section 13/Townshin 511 Ranllc26
2. FoBo (property ID) DUl'Dber(s) of above (attach to, (If' associate with, legal description if",qre than one)
00741120003
3. Street a.dds:css Ot; addresses (m applicable, if already amgrred)
N/A
4. Location map, showing exact location of projcoVsitc in relation to nearest public road right-ot-way
5. Copy of survey (NEEDED ONLY FOR UNPLATIED PROPERTIES)
6. Proposed projeei DaD10 (if applicable)
Fiddler's Creek Phase 5 Unit 1- Aviamar
7. Proposed S~t Dames (if applicable)
See attached.
8. Site Development Plan N\1IDbet' (FOR EXISTING PRDJECTSISlTES ONLY)
SDP
9. Petitioll Type- (Complete a seplll'ate Addressing Chcx:ldi.st for each Petition Type)
o SOP (Site Development Plan)
DSDP A (SDP Amendment) .
o SDPI (SOP Insubstltntial Change)
o SIP (Site Improvement Plan)
o SIPA (SIP Amendment)
1:81 8m. (Sueet Name Change)
o VegewionlExotic (Vcg. Removal Permits)
o laDd Use Petition (Variancep Conditional U~
Boat Dock Ext.. Rezone, PUD rezone, c::Ix:.)
o Other - Describe:
10. Pt,oject or developmcnt.I:UUDCS proposed for, or already appearing ~ condominium docwnents (if
applicable~ indicate: whether proposed or existing)
11. Please Check ODe: 181 Checklist is to be Faxed Back 0 PersoDlllIy Picked Up
12. Applicant Name Marlc W. Minor Phone (239) 947-1144 Fax (239) 941-0375
13. Signature on Addressing Checklist docs not constitute Project and/or Street Name approval and is subject to
funher review by the Addressing Section.
FOR STAFF USE ONLY
Primary NlIIDber 34 5i =t 0
Address Number 50 '1 t.t C{ ,
Address Number
Address Number
~ PPL (plans &; Plax Review)
PSP (Prel.iminary Subdivision Plat)
FP (Final Plat)
o LLA (Lot Line Adjustment)
BL (Blasting Pem1it)
ROW (Right-of-Way Permit)
EXP (Excavation Permit)
~ VRSFP (V... ltemovlIl & Site rill Pamit)
Approved by ~ r o~/1.
Date 3.. d. to{ -0 (0
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Agenda Item No. 17C
June 6, 2006
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve Petition SNR-
2005-AR-9469, by DY Land Associates, LTD., represented by Mark W. Minor of Q.
Grady Minor & Associates, P.A., requesting a street name change from Wading
Bird Court to Serena Lane for property in Fiddler's Creek Phase 5 Unit 1 _
Aviamar, located within Section 13, Township 51 South, Range 26 East.
OBJECTIVE: That the Collier County Board of County Commissioners approve a
Resolution renaming Wading Bird Court, as depicted in the plat of Fiddler's Creek Phase
5 Unit 1 - Aviamar, recorded in Plat Book 45, Pages 34 through 39, to Serena Lane.
CONSIDERATIONS: The Petitioner has met the requirements for requesting a street
name change and the proposed name does not duplicate an existing street name in Collier
County. There is one lot abutting the street, which is owned by the Petitioner.
FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in
the form of staff time spent in revising plats and addressing records. Fiscal impact to fire,
police (Sheriffs Office), Post Office, EMS, and 911 Emergency Services will be incurred
in the form of costs to update records and maps.
The Petitioner will bear the cost of replacing the street sign(s).
GROWTH MANAGEMENT IMP ACT: None.
PLANNING COMMISSION RECOMMENDATION: The Collier County Planning
Commission does not review street name change petitions.
LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this
petition and its compliance with criteria set forth in Chapter 22, Article X, of the Collier
County Code of Laws and Ordinances. The proposed Resolution is authorized by Section
336.05, Florida Statutes, and has been reviewed and approved by the County Attorney's
Office.
STAFF RECOMMENDATION: That the Board of County Commissioners approve
the proposed Resolution renaming Wading Bird Court, as depicted in the plat of Fiddler's
Creek Phase 5 Unit I - Aviamar, recorded in Plat Book 45, Pages 34 through 39, to
Serena Lane.
Prepared by: Ashley Blair, Planner
Zoning & Land Development Review
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 17C
June 6, 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members, Recommendation that the Board of County Commissioners approve
Petition SNR-2005-AR-9469, by OY Land Associates, LTD., represented by Mark W. Minor of
Q. Grady Minor & Associates, P,A., requesting a street name change from Wading Bird Court
to Serena Lane for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within
Section 13, Township 51 South, Range 26 East.
6/6/20069:00:00 AM
Prepared By
Ashley Blair
Community Development &
Environmental Services
Planner
Date
Zoning & Land Development Review
5/2/20069:19:37 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/5/2006 11 :22 AM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
5/5/2006 3:28 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & land Development Review
5/10/200612:30 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/15/20064:10 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/16/20069:50 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/22/200610:25 AM
Approved By
Norm E, Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
5/23/20069:17 AM
Approved By
Mark Isackson
Budget Analyst
Date
Agenda Item No. 17C
June 6,2006
Page 3 of 13
County Manager's Office
Office of Management & Budget
5/23/20069:17 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/25/2006 1 :27 PM
Agenda Item No. 17C
June 6, 2006
Page 4 of 13
RESOLUTION 2006 -_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RENAMING WADING BIRD COURT TO SERENA LANE,
LOCATED IN FIDDLER'S CREEK PHASE 5 AVIAMAR,
UNIT ONE, WITHIN SECTION 13, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 336.05. Florida Statutes, has conferred on all counties in Florida the
power to name or rename streets and roads, except for certain state roads; and
WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws
and Ordinances of Collier County, Florida, established criteria and procedures to rename streets
or roads; and
WHEREAS, Mark W. Minor, of Q. Grady Minor & Associates, P.A., agent for petitioner
DY Land Associates, LTD., has applied to rename Wading Bird Court to Serena Lane pursuant
to the procedures set forth in Section 22-360 of the Code of Laws and Ordinances. This street is
depicted in the plat of Fiddler's Creek Phase 5 Aviamar, Unit One, as recorded in Plat Book 45,
Pages 34 through 39 of the Public Records of Collier County, Florida, and located in Section 13,
Township 51 South, Range 26 East; and
WHEREAS, after notice pursuant to said procedures being made and provided, the Board
of County Commissioners held a public hearing to consider the application and determined that
all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met,
specifically finding that there is no other street in Collier County with the same name or any
similar sounding name.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Effective this date of hearing, Wading Bird Court, depicted in the plat of Fiddler's Creek
Phase 5 Aviamar, Unit One, as recorded in Plat Book 45, Pages 34 through 39 of the
Public Records of Collier County, Florida, is hereby changed to Serena Lane and is
confirmed as such.
2. This Resolution shall be recorded in the Public Records of Collier County, Florida, and
noted upon the appropriate zoning atlas of Collier County, and notations made on the
referenced plat.
This Resolution adopted after motion, second and super-majority vote favoring same, this
_day of
,2006.
ArrEST:
DWIGlIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman
L~D~
M~ - ~'()~~ C-O~:c:.M_
-----Agenda Item No. 17C
June 6, 2006
Page 5 of 13
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Agenda Item No. 17C
June 6, 2006
Q. GRADY MINOR & ASSOCIATES, P.A. Page 6 of 13
Civil Engineers _ Land Surveyors. Planners. Landscape Architects
.
MARK W. MINOR, P.E.
NORMAN J. TREBILCOCK. A.LC.P., P.E.
C. DEAN SMITH. P.E.
DAVID W. SCHMI'IT, P.E.
MICHAEL]. DELATE, P.E.
. MICHAEL T. HERRERA, P.E.
WIlSON A. GAROA, P.E.
March 24, 2006
D. WAYNE ARNOLD, A.I.C.P.
ROBERI' "BOB'" THINNES, AI.C.P.
STEPHEN V. BURGESS, P .s.M.
JUAN A. ARAQUE, P .s.M.
KENNETH W. PAHUTSKI
ALAN V. ROSEMAN
JEFFREY S. CURL,. ASLA, RLA
IVY WYLIE, P.E.
Ms. Susan Murray
Community Development Services
2800 North Horseshoe Drive
Naples, FL 34104
_. .----.- - - -
S~-2006-AJR-9469
PROJECT #2006030069
DATE: 3/29/06
ASHLEY BLAIR
RE: Fiddler's Creek Phase 5 Unit l-Aviamar
Dear Ms. Murray:
Enclosed are the items necessary to submit the Collier County Street Name Change Application
for the above-referenced project. Included with this submittal are the following items:
Recorded Surveyor's Affidavit
Plat (previously submitted 3/21/06).
CD with all documents submitted
Clear Marsh Circle to A viamar Circle:
1. Check #8784 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
Laughing Gull Court to Marengo Court:
1. Check #8785 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
Street Name Change Application including legal description
Petition
Addressing Checklist
Site Map shovving name change.
2.
3.
4.
5.
(239) 947-1144 _ FAX (239) 947-0375 _ Web Site: www.gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 _ LB 0005151 _ LC 26000266
<::)
~~
~ ~
~ ~
~ 9:-~
~
F:\JOB\E-F\FIDDLER'S CREEK\FC13PL1\PPL - Phase 5 Unit 1 \Name C'hange Aff-3-21-06\L-Cvr-SDP-03-24-06,doc
~
Ms. Susan Murray
RE: Fiddler's Creek Phase 5 Unit 1 Aviamar
Street Name Change Application
March 24, 2006
Page 2
Agenda Item No. 17C
June 6, 2006
Page 7 of 13
Wading Bird Court to Serena Lane:
1. Check #8786 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
Skylark Court to Serenity Court:
1. Check #8787 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
If you have any questions, please contact our 0
MTH:klt
cc: Jack McKenna
Gulf Bay Land Development Company
QGM Smvey Dept
QGM File
...
..----
F:\JOB\E-F\FIDDLER'S CREEK\FC13PL1\PPL - Phase 5 Unit l\Name Change Aff-3-2I-06\L-Cvr-SDP-03-24-06,doc
. .
,
Agenda Item No. 17C
June 6, 2006
Page 8 of 13
(i)
SNR-2006-AR-9469
PROJECT #2006030069
DATE: 3/29/06
ASHLEY BLAffi
APPLICA TION FOR STREET NAME CHANGE
DATE:
AGENT'S NAME: Mark W. Minor
Telepbone No. 239-947-1144
AGENT'S FIRM: O. Grady Minor & Associates. P.A.
Fax No. 239-947-0375
AGENT'S ADDRESS:
3800 Via Del Rev. Bonita Sorines. FL 34134
AGENT'S E-MAIL ADDRESS:
mminorllUeradvrninor.com
PETITIONER'S NAME:
DY Land Associates. LTD.
Telepbone No.
239-417-6439
PETITIONER'S ADDRESS:
3470 Club Center Blvd. Naples. FL 34114
PETITIONER'S E-MAIL ADDRESS:
mckennai@gulfbay.com Fax No. 239-775-5018
COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION.
( Provide additional sbeets if necessary)
Name of Homeowner Association:
Not in existance
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Not in existence
Mailing Address
City
State _ Zip
E-Mail address:
Fax#:
Name of Civic Association:
Mailing Address
City
State _ Zip
E-Mail Address: Fax #:
*Be aware tbat Collier County bas lobbyist regulations. Guide yourself accordingly and ensure that you are in
compliance with these regulations.
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT/CURRENT PLANNING
2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104
TELEPHONE (941) 403-2300, FAX (941) 643-6968
Application for Street Name Change - Revised April 14, 2003
Page 2 0(6
Agenda Item No. 17C
June 6, 2006
Page 9 of 13
PROPOSED CHANGE:
CURRENT NAME OF STREET: Wading Bird Court
PROPOSED STREET NAME: Serena Lane
STREET IN QUESTION IS:
o public, or [gJ private
Reason for proposed change:
The street names were approved on the new SDP as the current names and the newlv recorded plat was not
updated to reflect the current street names. We are reauestinl! the street name chanee to make the newly recorded
plat match the current and correct street names. Addresses have not vet been issued bv Collier County Addressinl!.
Approximate length of street:
0.2 miles
Number of parcels or lots abutting street: 1
Total Number of property owners abutting street to be renamed: 1
Total Number of property owners signing petition to change street name: 1
Percentage of property owners signing petition:
100%
Applicant tzI does, or D does not, agree to pay cost of street sign replacement for public street,
(approx. $100.00 per sign )
Application for Street Name Change - Revised April 14, 2003
Page 3 of 6
..
,....
Agenda Item No, 17C
June 6, 2006
Page10of13
LOCATION:
List legal description(s) ofpl;'operties abutting the street to be renamed. (Attach additional pages if necessary)
A. Subdivision: Fiddler's Creek Phase Five
Unit No.
One
Tract No.
A-2
A. Section:
13
Township: 51
Range:
26
B. Subdivision:
Unit No.
Tract No.
B. Section:
Township:
Range:
C. Subdivision:
Unit No.
Tract No.
C. Section:
Township:
Range:
D. Subdivision:
Unit No.
Tract No.
D. Section:
Township:
Range:
F. Subdivision:
Unit No.
Tract No.
F. Section:
Township:
Range:
Application for Street Name Change - Revised April 14, 2003
Page 4 of6
Agenda Item No, 17C
June 6, 2006
Fd::JtJ I I VI I.':>
PETITION
TO: THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONE~ TO
CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM Wading Bird Court
TO Serena Lane
',,::, SIG:NA~ A.J)lJaESS' LEGAL DE$C. ; ';;;' DATE
3470 Club Center Blvd. A-2 3/22/06
(I M
;1 i / , ;: lO -----., Naples, FL 341 14
; Iv C\..L\.~ I
~~l<: . . r '
At:.' b. ~rJ~~\-t-v-~r
V
Application for Street Name Change - Revised April 14, 2003
Page 5 of6
Mar 24 06 11:40a
.
Collier Co. ADDRESSING
---
---
941-659-57~~enda Item No. 17e. 2
June 6, 2006
rage 12 of 13
S~_2006-AJt-9469
PROJECT #2006030069
DATE: 3/29/06
ASHLEY BLAIR
A.D1JRJlA.~lNG CHECKLIST
Please coxnpletc'the followiDg m4 submit to the Addft:ssiDs Section for R.eview. Not all items will anplv to
evcrv pro;ect. Items: in bold. i;vDe arc reauired.
1. Legal desaiptioa of subject property or properties (coP>' oflttTlgthy description may b. attacluld)
Section 13/Townsbiu 51/ RJlfllZc26
2. FoUo (preperty ID) DUlXlber(s) of above (attach to, or associate with. legal ck:scription ifmore than one)
00141120003 '
3. Street address 01; addresses (as applict.lbl., 1/ Q/rBlIdy ar,rpd)
NJA
4. Loe.tioD map, showing exact location of projcotlsitc in relatioo to nearest public road right-of-way
5. Copy ofsmvey (NEEDED ONLY FOR UNPLAtTED PROPERTIES)
6. Proposed project name (if applicable)
Fiddler's Creek Pbase 5 Unit 1- Aviamar
7. Proposed Street oam.es (if t2pplicDble)
See attac:hcd.
8. Site Development Plan Number (FOR EXISTING PllOJECTSISlTES ONLY)
SDP
9. Petitioll Type - (Complete a separate Addressing Checldist for each Petition Type)
DSDP (Site Development Plan)
DSDP A (SOP Amendment)
o SDPI (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIP A (SIP Ameudmeo.t)
~ SNR (Street Name Change)
o VegcwioDlBxotic (Veg. Removal ~ts)
o Land Use Pctitioo. (Variance. Conditional Use.
Boat Dock E.x.t., Rezo~ PUD rezone, etc.)
o Other - Dex.nDe:
1 o. ~ject or development aamcs proposed for, or already appearing in, conclominium documents (if
aPplicable; indicate whether proposed or existing)
11. Ple&lSe Chcck ODe: ~ Checklist is to be Faxed Back 0 PenooaUy Picked Up
12. ~pplicaDt Name Mark W. Minor Phone 0.39) 947-1144 Fax (739) 941-037S
13. Signature on Addressing Cbccldist docs not constitute Project and/or Srreet Name approval and is subject to
furtber review by the Addressing Section.
FOR STAFF USE ONLY
primaryNamber 3I..fS-l=t 0
Address Number 3f.a "1 4" i
Address Number
Address Number
B PPL (plans & Plat Review)
PSP (Prel.iminary Subdivision Plat)
FP (Final Plat)
o LLA (Lot Line Adjustment)
~ BL (Blasting Pctmit)
ROW (Right-of-Way Permit)
EXP (Excavation Permit)
o VRSFP (Vel. Removal & Site Fill Pamit)
Approved by
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Date 3... d. L.{ -0 <0
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Agenda Item No. 17D
June 6, 2006
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve Petition SNR-
2005-AR-9470, by DY Land Associates, LTD., represented by Mark W. Minor of Q.
Grady Minor & Associates, P.A., requesting a street name change from Skylark
Court to Serenity Court for property in Fiddler's Creek Phase 5 Unit 1 - Aviamar,
located within Section 13, Township 51 South, Range 26 East.
OBJECTIVE: That the Collier County Board of County Commissioners approve a
Resolution renaming Skylark Court, as depicted in the plat of Fiddler's Creek Phase 5
Unit 1 - Aviamar, recorded in Plat Book 45, Pages 34 through 39, to Serenity Court.
CONSIDERATIONS: The Petitioner has met the requirements for requesting a street
name change and the proposed name does not duplicate an existing street name in Collier
County. There is one lot abutting the street, which is owned by the Petitioner.
FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in
the form of staff time spent in revising plats and addressing records. Fiscal impact to fire,
police (Sheriffs Office), Post Office, EMS, and 911 Emergency Services will be incurred
in the form of costs to update records and maps.
.-
The Petitioner will bear the cost of replacing the street sign(s).
GROWTH MANAGEMENT IMP ACT: None.
PLANNING COMMISSION RECOMMENDATION: The Collier County Planning
Commission does not review street name change petitions.
LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this
petition and its compliance with criteria set forth in Chapter 22, Article X, of the Collier
County Code of Laws and Ordinances. The proposed Resolution is authorized by Section
336.05, Florida Statutes, and has been reviewed and approved by the County Attorney's
Office.
STAFF RECOMMENDATION: That the Board of County Commissioners approve
the proposed Resolution renaming Skylark Court, as depicted in the plat of Fiddler's
Creek Phase 5 Unit 1 - Aviamar, recorded in Plat Book 45, Pages 34 through 39, to
Serenity Court.
Prepared by: Ashley Blair, Planner
Zoning & Land Development Review
.-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 17D
June 6, 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
170
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members, Recommendation that the Board of County Commissioners approve
Petition SNR-2005-AR-9470, by OY Land Associates, L TD" represented by Mark W. Minor of
O. Grady Minor & Associates, P,A., requesting a street name change from Skylark Court to
Serenity Court for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within Section
13, Township 51 South, Range 26 East.
6/6/2006 9:00:00 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/512006 11 :24 AM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
5/512006 3:29 PM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
5/101200612:30 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5115/20064:07 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/16/20069:51 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
5/221200610:26 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
5123/20069:17 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/23/2006 9:28 AM
Approved By
James V. Mudd
Board of County
County Manager
Date
Agenda Item No. 170
June 6, 2006
Page 3 of 13
Commissioners
County Manager's Office
5/25/2006 1 :30 PM
Agenda Item No. 17D
June 6, 2006
Page 4 of 13
RESOLUTION 2006 -_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RENAMING SKYLARK COURT TO SERENITY COURT,
LOCATED IN FIDDLER'S CREEK PHASE 5 AVlAMAR,
UNIT ONE, WlTlDN SECTION 13, TOWNSmp 51 SOUTH,
RANGE 26 EAST, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 336.05, Florida Statutes, has conferred on all counties in Florida the
power to name or rename streets and roads, except for certain state roads; and
WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws
and Ordinances of Collier County, Florida, established criteria and procedures to rename streets
or roads; and
WHEREAS, Mark W. Minor, of Q. Grady Minor & Associates, P,A., agent for petitioner
DY Land Associates, LTD., has applied to rename Skylark Court to Serenity Court pursuant to
the procedures set forth in Section 22-360 of the Code of Laws and Ordinances. This street is
depicted in the plat of Fiddler's Creek Phase 5 Aviamar, Unit One, as recorded in Plat Book 45,
Pages 34 through 39 of the Public Records of Collier County, Florida. and located in Section 13,
Township 51 South, Range 26 East; and
WHEREAS, after notice pursuant to said procedures being made and provided, the Board
of County Commissioners held a public hearing to consider the application and determined that
all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met,
specifically finding that there is no other street in Collier County with the same name or any
similar sounding name.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Effective this date of hearing, Skylark Court, depicted in the plat of Fiddler's Creek
Phase 5 Aviamar, Unit One, as recorded in Plat Book 45, Pages 34 through 39 of the
Public Records of Collier County, Florida, is hereby changed to Serenity Court and is
confirmed as such.
2. This Resolution shall be recorded in the Public Records of Collier County, Florida, and
noted upon the appropriate zoning atlas of Collier County, and notations made on the
referenced plat.
This Resolution adopted after motion, second and super-majority vote favoring same, this
_ day of .2006.
ArrEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
M~ - ~~~~ c....~~).,_
~ ---~enda Item No. 17D
June 6, 2006
Page 5 of 13
L~D~
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Agenda Item No. 17D
June 6, 2006
Q. GRADY MINOR & ASSOCIATES, P.A. Page 6 of 13
Civil Engineers. Land Surveyors. Planners. Landscape Architects
MARK W. MINOR, P.E.
NORMAN J. TREBILCOCK, ALC.P., P.E.
C. DEAN SMl'IH, P.E.
DAVID W. SCHMITT, P.E.
MICHAELJ. DELATE,P.E.
MICHAEL T. HERRERA, P.E.
WIL50N A GARCIA, P.E.
March 24, 2006
D. WAYNE ARNOLD, A.I.C.P.
ROBERT "BOB" nnNNES, AI.C.P.
STEPHEN V. BURGESS, P.S.M.
JUAN A ARAQUE, P.s.M.
KENNETH W. PA.HUTSKI
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA, RLA
IVY WYLIE, P.E.
Ms. Susan Murray
Community Development Services
2800 North Horseshoe Drive
Naples, FL 34104
S~_2006-AJl-9470
SERENITY COURT
PROJECT #2006030070
DATE: 3/29/06
ASHLEY BLAIR
RE: Fiddler's Creek Phase 5 Unit l-Aviamar
Dear Ms. Murray:
Enclosed are the items necessary to submit the Collier County Street Name Change Application
for the above-referenced project. Included with this submittal are the following items:
Recorded Surveyor's Affidavit
Plat (previously submitted 3/21/06).
CD with all documents submitted
Clear Marsh Circle to A viamar Circle:
1. Check #8784 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
Laughing Gull Court to Marengo Court:
1. Check #8785 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
Street Name Change Application including legal description
Petition
Addressing Checklist
Site Map showing name change.
2.
3.
4.
5.
(239) 947-1144. FAX (239) 947-0375. Web Site: www.gradyminor.com
3800 Via Del Rey . Bonita Springs, Florida 34134-7569
EB 0005151 . LB 0005151 . LC 26000266
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F:\JOB\E-F\FIDDLER'S CREEK\FC13PLTlPPL - Phase 5 Unit l\Name Change Atf-3-21-06\L-Cvr-SDP-03-24-06,doc
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Ms. Susan Murray
RE: Fiddler's Creek Phase 5 Unit 1 Aviamar
Street Name Change Application
March 24, 2006
Page 2
Agenda Item No, 170
June 6,2006
Page 7 of 13
Wading Bird Court to Serena LaDe:
1. Check #8786 payable to the Collier County Board of County Commissioners in the
amount of$621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
Skylark Court to Serenity Court:
1. Check #8787 payable to the Collier County Board of County Commissioners in the
amount of $621.00.
2. Street Name Change Application including legal description
3. Petition
4. Addressing Checklist
5. Site Map showing name change.
If you have any questions, please contact our 0
MTH:klt
cc: Jack McKenna
Gulf Bay Land Development Company
QGM Survey Dept
QGM File
F:\JOB\E-fiFIDDLER'S CREEK\FC13PLT\PPL - Phase 5 Unit l\Name Change Aff-3-21-06\L-Cvr-SDP-03-24-06.doc
..
Agenda Item No. 170
_ June 6, 2006
SNR-2006-AR-9470 Page 8 of 13
SERENITY COURT
PROJECT #2006030070
DATE: 3/29/06
ASHLEY BLAffi
APPLICATION FOR STREET NAME CHANGE
DATE:
AGENT'S NAME: Mark W. Minor
Telephone No. 239-947-1144
AGENT'S FIRM: Q. Grady Minor & Associates. PA
Fax No. 239-947-0375
AGENT'S ADDRESS:
3800 Via Del Rev. Bonita S'Drin~. FL 34134
AGENT'S E-MAIL ADDRESS:
mminor(a),21'advrninor.com
PETITIONER'S NAME:
DY Land Associates. LTD.
Telephone No.
239-417-6439
PETITIONER'S ADDRESS:
3470 Club Center Blvd. Naples. FL 34114
PETITIONER'S E-MAIL ADDRESS:
mckennai@gulfbav.com Fax No. 239-775-5018
COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION.
( Provide additional sheets if necessary)
Name of Homeowner Association:
Not in existance
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Not in existence
Mailing Address
City
State _ Zip
E-Mail address:
Fax#:
Name of Civic Association:
Mailing Address
City
State _ Zip
E-Mail Address: Fax #:
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in
compliance with these regulations.
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT/CURRENT PLANNING
2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104
TELEPHONE (941) 403-2300, FAX (941) 643-6968
Application for Street Name Change - Revised April 14, 2003
Page 2 of 6
Agenda Item No. 17D
June 6,2006
Page 9 of 13
PROPOSED CHANGE:
CURRENT NAME OF STREET: S~lark Court
PROPOSED STREET NAME: Serenity Court
STREET IN QUESTION IS:
D public, or [gJ private
Reason for proposed change:
The street names were approved on the new SDP as the current names and the newly recorded plat was not
updated to reflect the current street names. We are reauestinl! the street name chanl!e to make the newly recorded
plat match the current and correct street names. Addresses have not yet been issued bv Collier County Addressinl!.
Approximate length of street: 0.2 miles
Number of parcels or lots abutting street: I
Total Number of property owners abutting street to be renamed: 1
Total Number of property owners signing petition to change street name: 1
Percentage of property owners signing petition:
100%
Applicant [8J does, or D does not, agree to pay cost of street sign replacement for public street,
(approx. $100.00 per sign )
Application for Street Name Change - Revised April 14, 2003
Page 3 of6
Agenda Item No. 17D
June 6, 2006
Page 10 of 13
LOCATION:
List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary)
A. Subdivision: Fiddler's Creek Phase Five
Unit No.
One
Tract No,
A-I
A. Section:
13
Township: 51
Range:
26
B. Subdivision:
Unit No.
Tract No.
B. Section:
Township:
Range:
C. Subdivision:
Unit No.
Tract No.
C. Section:
Township:
Range:
D. Subdivision:
Unit No.
Tract No.
D. Section:
Township:
Range:
F. Subdivision:
Unit No.
Tract No.
F. Section:
Township:
Range:
Application for Street Name Change - Revised April 14. 2003
Page 4 of 6
Agenda Item No. 17D
June 6, 2006
~U~__~~'-I~~J
PETITION
TO: THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO
CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM Skvlark Court
TO Serenity Court
SIGNATURE .' ADDRESS ......;;',.',..... LEGALDESC. ..; I.,: - DATE
! 3470 Club Center Blvd. A-I 3/22/06
~/ uh (1 J~'D
~ . ( I Naples, FL 341 14
J'Bl i-lbrrJ QIJ- -1 \0 f\J.
..,
'.J
I
Application for Street Name Change - Revised April 14, 2003
PageS of6
Mar 24 OS 11:40a
.
Collier Co_ ADDRESSING
941-S59-57~genda Item No. 17e - 2
=_ June 6, 2006
SNR-2006-AR-9470 _.Paqe 1 ~f 13
SERENITY COURT
PROJECT #2006030070
DA TE: 3/29/06
ASHLEY BLAIR
A.DDRESSrNG CBECKUSI'
Please complete: the following.. submit to the A.ddn=ssiD8 SecIion for Review. Not all ~ will apDlv 10
every proiecl Items: in bold. tvDe are reauired.
1. Legal description of subject property or properties (copy of lengthy d'JC1'lption may b~ atttu:lu!d)
Section 131 Town-shin 51/ Ra.n2e 26
2. Folio (property ID) DlIIDber(l) of above (attach to, Of' ewocUde with, legaldB$cription ifwwrtJ than one)
00741120003
3. Street addtcss o~ addresses (as applicable, if alrBtldy DSngnad)
N/A
4. Locatio1l map, Showing exact location of project/site in rc1atiOD to nearest publie road right-of-way
5. Copy of survey (NEEDED ONLY FOR UNPLATIED PROPERTIES)
6. Proposed project name (if applicable)
Fiddler's Creek Phase 5 Unit 1. Aviamar
7. Proposed Stleet EUlll\eS (if applicGble)
See attRdhed.
S, Site Development Plan Numbez (FOR. EXISTING PROJECTSISllES ONLY)
SDP
9. Petition Type - (Complete a separate Addressing Chccldist for each Petition Type)
DSDP (Site Dcvclop1l1Cnt Plan)
DSDP A (SDP Amendment) .
o SDPI (SDP Insubstantial Cbanae)
o SIP (Site ~t Plan)
o SIP A (SIP Amendment)
181 SNR (Sueet Name Change)
o Vegetation/Bxotic (Veg. Removal Pennits)
o Land Use Petition (Vari&m.ce, Conditional U~
Boat Dock Bxt., Rezone, Pt1D rczcme, etc.)
o Other - Describe:
I o. ~ject or development names pxoposed fOr, or already appearing in, condominium documents (if
applicable; indicate whether proposccl or existing)
11. Please Check Oue: t8J Cbecklist is to be Faxed Back 0 Persooally Picked Up
12. ApplicaJlt N*me Ma:rlc: W. Minor PboDe 0.39) 947-1144 F.~ 0.39) 941-0375
13. SigxW;Ure on Addressing Chccldist does not constitute Project and/or Street Name approval and is subject to
further review by the Addressing Section.
Foa ST AIl'F USE ONLY
PrimaryNumbcr 3ttSiCfO
Address Number ~"1 y.., I
Addtess Number
Address Number
~ PPL (plans &. Plat Review)
PSP (Preliminary Subdivision Plat)
FP (Final Plat)
LLA {Lot Line Adjustment)
~ BL (Blasting Permit)
ROW (Right-of-Way Permit)
EXP (Excavation Permit)
VR.SFP 01 eg. Removal &, Site Fill Pcxmit)
Approved by
L.-. r ~/l
Date 3.. d.. '-{ - 0 (0
too/no"
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