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Agenda 02/13/2007 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 13, 2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice- Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 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 THREE (3) 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. Page 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Senior Minister Debra C. Williams, Unity of Naples Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. November 21, 2006 - Value Adjustment Board Special Magistrate C. January 9, 2007 - BCC /Regular Meeting D. January 16, 2007 - BCC /Tourist Development Council Workshop E. January 18, 2007 - District 3 Town Hall Meeting F. January 23, 2007 - BCC /Regular Meeting G. January 24, 2007 - BCC /Regular Meeting- Continuation of January 23, 2007 BCC Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 -year recipient 1. Carol Wright - Vanderbilt Beach Beautification MSTU Advisory Committee 10 -year recipient 1. Kent Orner - Ochopee Fire Control District Advisory Committee 20 -year recipient 1. George Ponte - Collier County Code Enforcement Board 4. PROCLAMATIONS A. Proclamation designating the month of February as Scouting Anniversary Month, to encourage citizens of Collier County to express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest in and dedication to Americas youth. Proclamation to be accepted by Mel Moore, Senior District Executive, Boy Scouts of America; Barbara Coen, District Vice Chairman, Boy Scouts of America; and William H. Poteet, Jr., Alligator District Chairman, Boy Scouts of America. B. Proclamation designating March 10, 2007 through March 17, 2007 as Save the Florida Panther Week to encourage citizens of Collier County to join in the celebration of the Florida Panther. To be accepted by Tom Murray, President, Friends of the Florida Panther Refuge. C. Proclamation designating January, February and March 2007 as Naples Patriotic Moment Months. Proclamation will be accepted by Sharon Kurgis, Merrill Lynch, and Phil Lewis, Naples Daily News. 5. PRESENTATIONS A. The Collier County Emergency Medical Services Department adopted the Phoenix Award to recognize local first responders, who through their skills and knowledge, have successfully brought back to life individuals who have died. The Phoenix is a mythological bird that died and rose renewed from its ashes. Page 2 of 11 B. Recommendation to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January 2007. C. Recommendation to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Enviornmental Services, as Employee of the Year for 2006. D. Presentation to the Board of County Commissioners for the Waste Reduction Awards Program (WRAP) to recognize businesses and institutions for enhanced and innovative recycling programs. E. This item to be heard at 10:00 a.m. Recommendation to hear a presentation from the U. S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. F. Project presentation; Immokalee Road Expansion from U.S. 41 to 1 -75 Ramps. A 3.5 mile project presented by John Carlo, Inc. 6. PUBLIC PETITIONS 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. SV- 2006 -AR -9962: Wal -Mart Stores East L.P., represented by Boice- Raidl -Rhea Architects, requesting variances to Section 5.06.04.C.a. to allow 13 additional wall signs in the Wal -Mart Super- center. The subject property is located at 5420 Cormorant Avenue, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2004 -AR -6810: Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting approval of a rezone from the Agriculture (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as Hamilton Greens RPUD. The subject property, consisting of 29.68 acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. B. This item was continued from the January 23, 2007 BCC meeting. This item is a companion to Items 10A and 10B which will be heard at 1:05 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75 /Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C -4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developers Contribution Agreement Page 3 of 11 C. Repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, titled: an ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated area of Collier County, by replacing Section 58 -26, pertaining to adopted standards and codes of the National Fire Code published by the National Fire Protection Association (NFPA), replacing Section 58 -27 pertaining to amendments to adopted fire codes, specifically NFPA 1, 2002 Edition replacing Section 58 -28, pertaining to amendments to the adopted Life Safety Code, specifically NFPA 101, 2002 Edition. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. B. Appointment of member to the Radio Road Beautification Advisory Committee. C. Appointment of member to the Lake Trafford Restoration Task Force. D. A resolution of the Board of County Commissioners of Collier County, Florida, establishing support for the State Legislators' efforts regarding state insurance reform. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1:05 p.m. This item was continued from the January 23, 2007 BCC Meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) (Companion item to 8B and 1013) B. This item to be heard at 1:05 p.m. This item was continued from the January 23, 2007 BCC Meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) (Companion item to 8B and 10A) C. Recommendation to accept Fiscal Year 2006 Grant Report providing an annual update of grant activity. (Len Price, Administrator, Administrative Services) D. Report to the Board of County Commissioners from the Collier County Health and Code Enforcement Departments regarding the continued initiatives to eliminate unsafe and unsound housing in the Immokalee Community.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) E. This item to be heard at 11:00 a.m. Recommendation to approve Collier County's Fiscal Year 2008 Federal Legislative Agenda. (Debbie Wight, Assistant to the County Manager) F. Staff Report for the Northeast Regional Utility Facility Community Advisory Panel request for consideration of an alternative buffer consideration, Project No 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) G. Recommendation to approve budget amendments for $38,198,334.09 to transfer projects from various Water and Wastewater capital projects funds to a 2006 Revenue Bond Proceeds Fund. (Jim DeLony, Administrator, Public Utilities) Page 4 of 11 H. This item to be heard at 11:45 a.m. Recommendation to approve spending up to $35,000 for appraisals, pre- contract expenses, to authorize a non-binding Letter in Intent, commence y and negotiations for the purchase of Gawn Fishin, LLC property oat approve the attached Budget Amendment. (Marla Ramsey, Administrator, Public Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. TIME CERTAIN: 12:00 Noon The Board in executive session will discuss settlement and strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/KIA The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson, Case No. 04- 941 -CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05- 953 -CA consolidated with Case No. 05- 1506 -CA. B. This item to be heard at 1:00 p.m. Board direction to the County Attorney relating to litigation in in Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/K /A The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04- 941 -CA, consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05- 953 -CA consolidated with Case No. 05-1506 - CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ---------------------------------- - ------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be member of the Board, thatt a item(s) will be removed from the Consent Agenda and cons dered separately. ------------------------------------------------------- - - - - -- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve an Interim Management Plan for the Brochu property under the Conservation Collier Land Acquisition Program. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Veronawalk Phase 1 B. The roadway and drainage improvements will be privately maintained. 3- Recommendation to approve an application by Naples Urgent Care, P. L. for participation in the Advanced Broadband Infrastructure Investment Program Page 5of11 4. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Chatham Woods, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Caldecott Replat. 6. To seek approval from the Board of County Commissioners of the Building Directors issuance of building permits for the replacement of previously existing pool screen enclosures damaged by Hurricane Wilma, with the understanding the respective applicants recognize and agree to filing the required requests for dimensional variances associated with the respective side yard and /or rear yard encroachments 7. Recommendation to approve a budget amendment to transfer funds from Fund 339 Reserves (Road Impact Fee District 5 - Immokalee) to Fund 339 Reimbursements (prior year) in the amount of $100,000. 8. Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners to elect a chairman and vice chairman for the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agency for 2007 (a companion item to item 16G1)(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) 9. Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk, Phase 1B. B. TRANSPORTATION SERVICES 1. Approve the purchase of 2.52 acres of unimproved property (Parcel No. 216) which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $278,910.00) 2. Recommendation to award a construction contract to Bonness, Inc. for Livingston Road (C.R. 881) Intersection Improvements at Pine Ridge Road, Bid No. 07 -4096, Project No. 60016, in the amount of $420,587.37. 3. Recommendation to approve a South Florida Water Management District Local Governmental Grant Agreement No. 4600000608 in the amount of $250,000 for partial funding of the 2007 Australian Pine Tree Removal Program. 4. Recommendation to award Bid #07 -4086 Supply & Install Traffic Signs and Markings to Trutwin Industries, Inc. for the approximate amount of $90,500. 5. Recommendation to approve Change Order #5 to add $298,485.00 for continuing Inspection Services for KCCS, Inc. under ITQ 04 -3583 CEI Services for Collier County Road Projects for Project No. 60006 Grade Separated Overpass Road Project on Golden Gate Parkway and over Airport- Pulling Road. 6. Recommendation to approve the use of the rate of $3,850 per 1,000 square feet based on an alternative road impact fee calculation for a proposed American Signature Furniture store to be located at the Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail North and Old U.S. 41 C. PUBLIC UTILITIES 1. Recommendation to approve an agreement with FEBCO Inc a Division of Watts Water Technologies Inc. that allows FEBCO to seek certification of their Backflow Prevention Devices (BPDs) otherwise known as Reduced Pressure Detector Assemblies (RPDAs), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. Page 6 of 11 2. Recommendation to award Contract #06 -4056 Disaster Recovery Services to James Lee Witt Associates, a part of Global Options Group, Inc., for consulting services required by the Collier County Board of County Commissioners as a result of a declared disaster in Collier County and authorize the Chairman to execute the contract. 3. Recommendation to execute an agreement between the Collier County Water -Sewer District, the Florida Governmental Utility Authority, and the Sembler Family Partnership Ltd., allowing the Florida Governmental Utility Authority to provide temporary wastewater service to the proposed Brooks Village commercial development. 4. Recommendation to accept four South Florida Water Management District Alternative Water Supply Grants in the total amount of $3,009,200 for the partial funding for the construction of improvements to the Countys public water supply system. 5. Recommendation to authorize sole source purchase and certified installation of replacement parts for the Oxidation Ditched and Clarifiers to Siemens Water Technologies, in the estimated annual amount of $500,000. 6. Recommendation to approve, and authorize the Chairman of the Board of County Commissioners to sign, letters to the City of Naples, the City of Marco Island and the City of Everglades City requesting them to adopt the mandatory Non - Residential Recycling Ordinance No. 2004 -50 or similar ordinance. 7. Approve a budget amendment to recognize funds provided by South Florida Water Management District Grants in the amount of $ 425,847.00 and approve the necessary budget amendment for the Reclaimed Water Aquifer Storage and Recovery Project 74030. D. PUBLIC SERVICES 1. Recommendation to rescind approval of the Interlocal Agreement for Fund Sharing of the Pulling Property Project as approved by the Board of County Commissioners on June 14, 2005 and to approve a new agreement with the City of Naples for the Pulling property boat ramp facility in an amount not to exceed $700,000. 2. Recommendation that the Board of County Commissioners approve a request from 1 HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. 3. Recommendation to approve the purchase to retrofit sports field lighting from Musco Lighting for Eagle Lakes Community Park in the amount of $261,543 and approve necessary budget amendments 4. Recommend approval of a resolution of the Board of County Commissioners of Collier County, Florida, reestablishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, and Superseding Resolution 2006 -296 and all other Resolutions establishing license and fee policy 5. Recommendation to grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. 6. Recommendation to name the skate park at East Naples Community Park Velocity Skate Park. 7. Recommend approval of resolution of the Board of County Commissioners of Collier County, Florida, establishing and implementing revised beach parking fees and rules in compliance with an agreement with Florida Department of Environmental Protection; repealing Resolution No. 2002 -430. 8. Recommendation to approve a budget amendment appropriating $40,000 from Reserves to fund the Remedial Action Plan Assessment in response to the fuel spill at Caxambas Park. Page 7 of 11 9. Recommendation that the Board of County Commissioners authorize the use of $144,305 from the Housing and Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in the Golden Gate area. 10. Recommendation to Award bid number 07 -4084 for Pool Chemicals and Supplies to various vendors. These chemicals and supplies will be used in County Park and Recreation Department aquatic facilities. 11. Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $200,000 from the United States Department of Justice and, if awarded, to serve as the Fiscal Agent and to authorize staff to negotiate a subrecipient agreement with Child Advocacy Council (d.b.a. Child Protection Team) 12. Recommendation to authorize the Chairman to sign the amendment between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve budget amendments to reflect an overall decrease of $21,000 in the Older Americans Act programs. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2007 calendar year. 2. Recommendation to approve the addition of the classification DirectorOperations SupportPUD to the 2007 Fiscal Year Pay Plan & the removal of the classification DirectorUtilities Finance Operations from the 2007 Fiscal Year Pay Plan. 3. Recommendation to approve amendments to the Countys current agreement with ICMA- Retirement Corporation (ICMA -RC) that provides a deferred compensation plan to County employees. 4. Recommendation to approve a Fourth Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use of garage /warehouse space by the Sheriffs Office at a total cost of $29,192.40. 5. Recommendation to approve a Lease Agreement with Domenico and Maria LaGrasta for temporary warehouse/ office space to be used by the Sheriffs Office at a first years cost of $84,000. 6. Recommendation to approve Boyd Brothers Service,lnc. as the sole source provider for the installation, repair and replacement of Automated Logic Systems and Controls. 7. Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. F. COUNTY MANAGER 1. Approve Budget Amendments 2. Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Trust Fund Project Application to the Florida Department of Community Affairs in the amount of $68,440. 3. Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $69,850.24. 4. Approve a budget amendment in the amount of $40,000 for the purchase of equipment and supplies required for the production of sandbags which will be utilized by Emergency Management and the Road and Bridge Department during flood events. Page 8 of 11 G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners sitting as the Collier County Redevelopment Agency to elect a chairman and vice chairman for the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agency for 2007 (a companion item to item 16A8). 2. To approve and execute Site Improvement Grant Agreement between the Collier County Community Redevelopment Agency and a grant applicant within the Bayshore Gateway Triangle Community Redevelopment area. 3. Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff attendance at 2007 Redevelopment Conference, ICSC North Florida Seminar and 17th Annual Growth Management Summit; authorize payment of attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. 4. Approve a budget amendment for $91,400 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on Saturday, March 24, 2007 at the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid from Commissioner Halas' travel budget. 2. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council VIP Breakfast Meeting on Thursday, February 8, 2007, at the Doubletree Guest Suites, 12200 Tamiami Trail in Naples, Florida. $16.00 to be paid from Commissioner Halas' travel budget. 3. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Naples Press Club Annual Special Author Luncheon on Saturday, February 24, 2007 at the Cypress Woods Golf and Country Club; $35.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the 2007 Women of Style 10th Annual Awards on Thursday, March 1, 2007 at the Naples Grand Resort; $100.00 to be paid from Commissioner Fiala's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island Historical Society Spring Appraisal Faire Gala Live and Silent Auction on Saturday, March 3, 2007 at the Hammock Bay Golf and Country Club, Naples; $75.00 to be paid from Commissioner Fiala's travel budget. 6. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Physicians Regional Medical Center Good News Gala on Saturday, January 27, 2007 at the Physicians Regional Medical Center, Naples; $35.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marine Corps League Honor the Free Press Luncheon on Wednesday, March 14, 2007 at the Hilton Hotel, Naples; $25.00 to be paid from Commissioner Fiala's travel budget. 8. Commissioner Coletta requests approval for reimbursement for prepaying for a function serving a valid public purpose. Commissioner paid in advance to register to attend the Urban Land Institute (ULI) Southwest Florida District Council Meeting - Winter Institute on February 22, 2007 and is requesting reimbursement in the amount of $75.00, to be paid from his travel budget. Page 9 of 11 9. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Everglades City Hall Restoration Celebration as a Keynote Speaker on January 27, 2007 and is requesting reimbursement in the amount of $20.00, to be paid from his travel budget. 10. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend Southwest Florida Transportation Initiative Pre - Session Legislation Event on January 29, 2007 and is requesting reimbursement in the amount of $35.00, to be paid from his travel budget. 11. Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose. Commissioner paid in advance to attend the Naples Chamber of Commerce Board Meeting on January 25, 2007 and is requesting reimbursement in the amount of $3.00, to be paid from his travel budget. 12. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the the Heritage Bay Affordable Housing Ground Breaking Ceremony and Luncheon on January 19, 2007 and is requesting reimbursement in the amount of $16.00, to be paid from his travel budget. 13. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Breakfast meeting of the Boy Scouts of America - Alligator (Collier County) District Committee and is requesting reimbursement in the amount of $7.95, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of January 06, 2007 through January 12, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of January 13, 2007 through January 19, 2007 and for submission into the official records of the board. 3. To obtain board approval for disbursements for the period of January 20, 2007 through January 26, 2007 and for submission into the official records of the board. 4. To obtain board approval for disbursements for the period of January 27, 2007 through February 02, 2007 and for submission into the official records of the board. K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $150,000 for Outside Counsel fees and $40,000 for Other Contractual Services (used for experts and consultants). 2. Recommendation to approve settlement at mediation and prior to trial in the lawsuit entitled John S. Segro, James W. Antoniou and James A. Antoniou, Jr., a minor v. P &K Pole Products, et al., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 02- 2096 -CA, for a total amount of $125,000.00. 3. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et al., Case No. 05- 1033-CA (CR 951, Project No. 65061) Fiscal Impact: $56,000.00. Page 10 of 11 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. Recommendation to Approve an Ordinance Amending Collier County Ordinance No. 93 -56, as amended, the Animal Control Ordinance; Amending Section One, Definitions; Amending Section Four to Provide a Fee for Micro - Chipping; Amending Section Five to Revise Fees by Resolution and to Establish Procedures for Micro - Chipping; Amending Section Six, Prohibitions; Adding a New Section Nineteen Entitled Dangerous Dogs; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; and Providing for an Effective Date B. Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals (Estimated fiscal impact: not to exceed $300.00) C. Recommendation to approve Petition AVESMT- 2006 -AR- 10036, Aqua, Pelican Isle Yacht Club to disclaim, renounce and vacate the Countys and the Publics interest in a certain irregular width Utility Easement located in the southeast of the southeast of the northeast in Section 17, Township 48 South, Range 26 East, Collier County, Florida, and being further described in Exhibit A. D. Recommendation to adopt a resolution designating 789.4 acres in the Rural Lands Stewardship Area Overlay District (RLSA) as (BCI /BCP SSA 9), approving a credit agreement for BCI /BCP SSA 9, approving an easement agreement for BCI /BCP SSA 9, and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area in response to an application by Barron Collier Investments, Ltd. and Barron Collier Partnership. E. Recommendation that the Board of County Commissioners approve an amendment to Collier County Ordinance No. 03 -53, as amended (also known as the Collier County Ethics Ordinance), amending Section Seven to require lobbyists to register quarterly and update the names of those entities by whom they have been employed to lobby and also requiring disclosure of the name or identity of those employing a lobbyist whenever a lobbyist engages in lobbying activities. F. Recommendation to approve the Hispanic Affairs Advisory Board's proposed amendment to the HAAB Ordinance No. 91 -37, as amended, and Codified as Chapter 2, Article VIII, Division 7, in the Code of Laws and Ordinances, amending Section 7, Functions Powers and Duties, to clarify the HAAB's goals and objectives, and providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 13, 2007 Item 9C: The Committee Recommendation should be Bishof rather than Bishop. (Commissioner Fiala's request.) Withdraw Item 12A: The Board in executive session will discuss settlement and strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, a/k/a The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson, Case No. 04-941 - CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05- 953 -CA consolidated with Case No. 05- 1506 -CA. (Staffs request.) Continue Item 16A2 to the February 27, 2007 BCC meeting: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Veronawalk Phase 1 B ". The roadway and drainage improvements will be privately maintained. (Staff's request.) Move Item 16C1 to 10J: Recommendation to approve an agreement with FEBCO, Inc. a Division of Watts Water Technologies, Inc. that allows FEBCO to seek certification of their Backflow Prevention Devices (BPDs) otherwise known as Reduced Pressure Detector Assemblies (RPDAs), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. (Commissioner Coyle's request.) Move Item 16D2 to 101: Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. (Commissioner Fiala's request.) Withdraw Item 16D5: Recommendation to grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. (Staff's request.) Item 16137: Under Considerations, first bullet item, text has been deleted and will now read as follows: "Annual beach parking permits would be obtained by residents in a similar fashion to the current program and procedures. Residency will be the only requirement to obtain a beach parking permit. Permits will be required on an annual basis. Beach parking permits to residents will appear to be free. HOWeVeF, when a beaGh paFking StIGkeF is Issued to a Fe—A--6 6&.- taxes. Fund, GGFnFnonly r-efeFFed to as the "GeneFal Fund" will be debated the annual r--n-st of a beaGh ad vaiGFem The Parks and Recreation Department's CLASS database will be used to track various statistics regarding parking permit issuance. Among these statistics will be resident versus non - resident. The resultant data can then be used in developing cost and revenue allocations. Parking will be available at all Collier County beach parking facilities without charge with a permit." (Staffs request.) Withdraw Item 16H1: Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on Saturday, March 24, 2007 at the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid from Commissioner Halas's travel budget. (Commissioner Halas' request.) Withdraw item 161-15: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island Historical Society Spring Appraisal Faire Gala Live and Silent Auction on Saturday, March 3, 2007 at the Hammock Bay Golf and Country Club, Naples; $75.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move Item 17B to 8D: Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals. (Estimated fiscal impact not to exceed $300.00.) (Commissioner Coyle's request.) Corrections to Item 17E: Also, in the 5`h sentence under Section Seven (a), insert after the word "oath" the following phrase: `or by written declaration in accordance with Section 92.525, Florida Statutes,' (This change requested by the Clerk for purposes of administration of the ordinance procedure). Also in Section Seven (b), in line 4 should read: " ... regardless of whether there is any change in employers of ..." (Staff's request.) Time Certain Items: 10:00 a.m. — Item 5E 11:00 a.m. — Item 10E 11:45 a.m. — Item 10H 1:00 p.m. — Item 12B 1:05 p.m. — Items 10A and 10B followed by 8B Item 5E to be heard at 10:00 a.m. Recommendation to hear a presentation from the U.S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. Item 10E to be heard at 11:00 a.m. Recommendation to approve Collier County's Fiscal Year 2008 Federal Legislative Agenda. Item 10H to be heard at 11:45 a.m. Recommendation to approve spending up to $35,000 for appraisals, pre- contract expenses, to authorize a non - binding Letter of Intent, commence negotiations for the purchase of Gawn Fishin, LLC property located in Everglades City and approve the attached budget amendment. Item 12B to be heard at 1:00 p.m. Board direction to the County Attorney relating to litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, a/d /a The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04- 941 -CA, consolidated with Case No. 05-1506 - CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 8B to be heard at 1:05 p.m. following 10A and 10B: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ- A -2004- AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75 1alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C-4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the Intersection of Collier Boulevard (CR -951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion item with Developers Contribution Agreement. Item 10A to be heard at 1:05 p.m. This item was continued from the January 23, 2007 BCC meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of- way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Companion item to 8B and 10B.) Item 10B to be heard at 1:05 p.m. This item was continued from the January 23, 2007 BCC meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Companion item to 8B and 10A.) Agenda Item No. 3A1 February 13, 2007 Page 1 of 2 Board of County Commissioners Advisory Committee Service Awards Recipients Tuesday, February 13, 2007 Name # of Years Advisory Board George Ponte 20 Collier County Code Enforcement Board Carol Wright 5 I Vanderbilt Beach Beautification MSTU Advisory Committee Kent Orner - 10 Ochopee Fire Control District Advisory Committee Agenda Item Nc. 3A1 cebruary 13. 2007 Page: 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 3,1 Item Summary: Advrscrr; Committee Service Awards: 5 -vaar reoipient. C;aro,. `,Aright - Vanderbilt Beach Beautification MS7U Advisory Committee 10 -,year recipient_ Kent Orner - Ochopea Fire Control District Aav scry Committee 2C -year iecplent George Pente - Collier ',cunty Code Entorcement Board Meeting Date: 2 13/2007 9.00.00 P.M Prepared By Paula Spnngs Executive Aide to the BCC Date Board of County Commissioners BCC Office 1:116!2007 11:52:44 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11912007 8 56 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1;26,12007 12:05 PM PROCLAMATION Agenda Item No. 4A February 13, 2007 Page 1 of 2 -. WHEREAS, the Boy Scouts of America have been at the forefront of instilling timeless values in youth since its founding in 1910, and, WHEREAS, this national youth movement has made serving others through its values -based program its mission; and, WHEREAS, the Boy Scouts of America is committed to helping millions of youth succeed by providing the support, friendship, and mentoring necessary to live a happy and fulfilling life; and WHEREAS, the Boy Scouts of America, Southwest Florida Council and its Cub Scout Packs, Boy Scout Troops, and Venturing Crews are celebrating Scouting's 97th anniversary in America and the 100th anniversary of Scouting internationally with the theme "100 Years of Scouting, When Tradition Meets Tomorrow "; and, WHEREAS, there are more than 170 community organizations and 3,800 dedicated volunteers that make Scouting available for more than 30,000 youth members in our area who participate in the Scouting program as a means of character building, citizenship training, and personal fitness; and, WHEREAS, the Boy Scouts of America is the largest organization in Collier County providing youth leadership training with over 2,500 youth .-. and 700 adult volunteers participating, and, WHEREAS, citizens of Collier County express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest in and dedication to America's youth. NOW THEREFORE be it proclaimed by the Board of County Commissioners of Collier County, Florida that February be designated as SCOUTING ANNIVERSARY MONTH DONE AND ORDERED this 13th day of February, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agenda Item Pdc, . 44 Fehrtiary 13. 2007 Page 2 of 2 COLLIER COUNTY" BOARD OF COUNTY COMMISSIONERS Item Number: 4:; Item Summary: Proclamation designating the month of Februera as Scouting tinnrrersary Month. to encourage cit zens cf Collier Coutry to express their appreciation to the Southwest Florida -Duncil and the Boy Scouts o` America for their interest i 1 and dedication to Americas youth. Proclamation to be accepted by Mel Moore_ Senior Distnct Executive, Foy 5cnutS of ArTierica. Barbara Chan. District 'Vice Chairman Boy Scouts of America, and Vdi:iiam N. Poteet. Jr.. Alligator District Chau'mar Boy Scouts of America Meeting Date: 2/13!2007 9:00.00 AM Prepared By Lisa Resnick, Board of County Commissioners Executive Aide to the BCC BCC Office Date 1130/2007 942 :5C AM Approved By Sue Filson Executive Manager to the BCC Date Board of County 6CC Office 1130/200710:09 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/30/2007 12:42 PM Commissioners Agenda item No. 4B February 13, 2007 Page 1 of 2 PROCLAMATION WHEREAS, the People of Collier County treasure their wildlife and take pleasure in the natural heritage handed down to them by generations past, and, WHEREAS, the Florida panther is the Official State Animal of the Great State of Florida; and, WHEREAS, the Florida State Legislature has established the third Saturday in March as "Save the Florida Panther Day "; and, WHEREAS, the Florida panther is a magnificent subspecies and a symbol of the natural character of the Everglades Ecosystem of South Florida; and, WHEREAS, because Collier County is the stronghold for the long term survival of the Florida panther, the Natural Resource managers, non - profit groups, citizens, and businesses in the County want to gather to celebrate this species for the South Florida Ecosystem; and, WHEREAS, it is the will of the People of Collier County and therefore a mission of their government to rescue the Florida panther from the threat of extinction; and, ,.., WHEREAS, it is proper and fitting for all Floridians to pause and reflect on the plight of the Florida panther and the task of preserving the sleek, lean and beautiful Florida panther subspecies to enrich the legacy of generations yet to come; and, WHEREAS, we encourage each citizen to join in the celebration of the Panther. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 10, 2007 through March 17, 2007 be designated as SAVE THE FLORIDA PANTHER WEEK DONE AND ORDERED this 13th day of February, 2007 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK F gendc Item Nc, 4B February 13. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF CODUTY COMMISSIONERS Item Number: 4E, Item Summary: Proclamation oesignating March 10 2007 through March 17. 2007 as Save the Florida Panther Weee to ertceurege cRizens of Collier County to join in the celebration of the Florida Panthei. To be. accepted oy l om Murray, PreaideW = rienas of the Florida Panther Refuge. Meeting Date: 2:13.? 2 06: �',.00:00 F,M Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC Office 115012007 9:45:10 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/30/2007 10:08 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 113012007 1244 PM Agenda Item No. 4C February 13, 2007 Page 1 of 2 PROCLAMATION WHEREAS, in January 2006, Sharon Kurgis organized the first Naples Patriotic Moment series of celebrations to pay tribute to all men and women who served in the military to defend the liberties that are often taken for granted; and, WHEREAS, as we watch the United States of America's military continually be called upon to preserve peace throughout the world and conduct operations in very dangerous environments, Sharon Kurgis and her supporters believed that Naples residents needed a way to stop, reflect, and honor the men and women of today's and of yesterday's military - in essence, pause for a 'Naples Patriotic Moment'; and, WHEREAS, in January 2007, Sharon Kurgis and supporters decided that the 2006 events were so successful that they scheduled Naples Patriotic Moment ceremonies every Sunday, Monday and Tuesday evening at 5:30 p.m., from January until March 2007, at the Sugden Community Theatre courtyard on Fifth Avenue in Naples, and, WHEREAS, each evening, local musicians provide brief musical presentations to entertain participants with period- related music before honoring representatives from military organizations ranging from West Point graduates to Korean War veterans; and, WHEREAS, every ceremony concludes with a message from the military representative guest speaker of the evening, the lowering and folding of the American flag, and the military bugle call - taps; and, WHEREAS, although most of us are very thankful, we often do not take the time to stop and reflect on the sacrifices made on our behalf, and, WHEREAS, we believe that the Naples Patriotic Moment is a unique way for Naples to pay tribute to those who serve or have served in our military, and, WHEREAS, the Collier County Board of County Commissioners would like to express its sincere appreciation to Sharon Kurgis and the Naples Patriotic Moment sponsors: Merrill Lynch and the Naples Daily News, for paying tribute to our local veterans and publicly recognizing their sacrifices and dedication to our great nation. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the months of January, February, and March 2007 be designated as NAPLES PATRIOTIC MOMENT MONTHS DONE AND ORDERED THIS 13' Day of February 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK r,gericla lienn No 4'— E" "'ru a I V , "-:. 2007 Pa-jc ', o "2 COLLIER COUNTY HOARD OF -,OUNITY COMMISSIONERS Item Number: Item Summary: Frnoia n ocs:griat,ng iin,.ar) Fel)ruary aid Mn-cr 20f0-1, a, Napies F,iirooc Moment Wicmths Pro,,iamafior v v i l l b e t cse-lec ty Sharor vw,gis Nle,w viich and P1,11 Lewis, I iapl-ls ""D " News Meeting Date: 2'1312007 900:60 AM Prepared By Us. Resnick Executive A,a,, m the BCC Date Board of County BCC Office 1'301200712:05:59 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County 8--C Office 1.'30t2007 1:04 PM Commissioners Approved By James V. Mudd County Manager Date Board of County C.ronussmner, County Manager's Office 1i3012007 1.29 PM Phoenix Award Program for 2 -13 -2007 Les Williams reads: Agenda Item No. 5A February 13, 2007 Page 1 of 3 The Collier County Emergency Medical Services Department adopted the Phoenix Award to recognize local first responders, who through their skills and knowledge, have successfully brought back to life individuals who have died. The "Phoenix" is a mythological bird that died and rose renewed from its ashes. We are proud to recognize the following heroes: CCEMS Lt. Anthony DelaTorre Lt. Kenneth Haberkorn PM. Michael Cossick Lt. Guy Spieth Lt. Richard McGee Lt. Patricia McLaughlin Lt. Bruno Lovo Lt. Kellie Kocienda Lt. Maryann Calero - Alicea Marco Island FD Captain Tim Warner FF Ray Ladurini FF Dustin Beatty D/E Jerry Adams D/E Paul A. MacMillian Chief Don Jones Marco Island PD Officer John Derrig Officer Wilfred Artiles Officer Kevin Hennings City of Naples FD Marc SanAngelo Warren DePree East Naples FD PM/FF Kevin Nelmes FF Harry Zafiris FF John Hoover North Naples FD Lt Gina Tulumello Lt. Ramon Chao Lt. Patricia Dixon PM. Brad Underwood EMT Christian Quintana EMT Pierre Chee BC Christian DeBiasi EMT Andrew Seager EMT Javier Rodriguez Cpt. Dean Heasley FRIPM Albert Munoz FF /PM James Jay FF /PM Daniel Fernandez FF /EMT Brian Franklin FF Brian Wertz FF Mark Bush FF Erin Espineta FF Zak Jones FF Jeff Savinsky FF Nickolas Stolts FF Richard Wagoner Golden Gate FD Battalion Chief Matthew Zaleznik Engineer Jeff Roll Firefighter Justin Beasley Les Williams Continues: Congratulations Phoenix Award Winners Agenda !Lem No. 5A ebrLiary 13, 2507 Pace 2 of 3 )7 COLLIER COUNTY BOARD OF COUNTY CONIVISSIONEFS Item Number: Item Summary: ecr.:gnr . Iccal first recporr !lets. N" io throng^ their sk. °.s ano wnor9e ge nave s�ccsssfulry to,ite ito,vid,als v,,ric have j[Fcj it. FIl'oemy is a -tythciogicE rite that died and rose renewed ii-cm it ashes Meeting Date: 2113i2^0-, 9 X1 AM Approved By Dan E Summers Bureau of Emergency Services Director Date Count, Manaoer'=. Officc Bureau of Errieraency Services 2i1i2007 10.40 AM Approved By 11).ch.cl Smyko,,Sk, Management & Budget Director Date C ,;ounty Manager'L 0,fficv Office Of Management & Budget 2,112007 4:56 -M Approved By Janes V. Mudd County Manager Date Board of County Commissioners County KI—.9cr's Office 211/2007 5:07 PM Agenda Item No. 5B February 13, 2007 Page 1 o'1'2 EXECUTIVE SUMMARY Recommendation to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January 2007. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January 2007. Christopher Atchley, Craftsman for Facilities Management, was selected as Collier County government's Employee of the Month for January, 2007. Chris is always upbeat and energetic in whatever job he is assigned to. He treats each Department like they are his only customer, even though he has assignments all over the County. Chris responds quickly to any work order that is submitted and often comes by at the beginning of the week to check and see if the department will need anything done that week. You can tell from Chris' fantastic attitude -and constant whistling while he works- that he takes great pride in his job and is always willing to do the extra things that are asked of him. Chris EXCEEDS expectations by not only completing the assigned task, but also checks back in case something else is needed at the last minute. In the past 36 months, Chris has received over 21 letters of appreciation and commendation entered into his personnel file. The letters are from various individuals and organizations throughout the County and State of Florida. FISCAL IMPACT: The cost of this request is $150.00. Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Christopher Atchley as Employee of the Month for January, 2007. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources liem No, 55 ebruary 1 . 2007 P�ipE 2 of 2 COLLIER COUNTY BOARD OF COUNTY COR KNSSIOWERS Item Number: SB Item Summary: -ieco^-nrc., aat,en tc «.., a,;i.�zu :,ivistopher ,J af;srt ar f aailiteE M w ulerent as imp loyee cf,re Nontr 10- Januar 23.7 Meeting Date: 2111 -037 9 0(: ,0 r.N Prepared By Mat; Pylant Employee Recognition Coordinator Date Admimstrahve Servicos Human Resources 2!112007 3:26'.24 PM Approved By Skip Camp, C.F M. Facilities Management Director Date !administrative Services Facilities Management 21112007 4:06 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 212/2007 7:32 AM Approved By Mienael Sn)yuowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2,212007 8:26 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2!212007 12:25 PM Commissioners Agenaa Item No. 5C February 13; 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Environmental Services, as Employee of the Year for 2006. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Environmental Services, as Employee of the Year for 2006. Mike Ossorio, Contract Licensing Officer in the Community Development and Environmental Services Division, was selected Collier County government's Employee of the Year. As one of four contract licensing officers working for Collier County government, he manages and directs all matters pertaining to Collier County licensing ordinances, researches, inspects, investigates complaints, and educates contractors about licensing requirements, policies and procedures. In 2005, Mike cited 289 unlicensed contractors and fined them $86,700. Additionally, he mediated numerous cases between homeowners and contractors and was able to collect and return $154,517 to homeowners who were engaged in contract disputes. In addition to responding to client complaints, he works closely with the City of Naples Building Department to check job sites for unlicensed activity and contractors working without permits. He also meets with local contractors to update them about changes in state laws and insurance requirements. FISCAL IMPACT: The cost of this request is $250.00. Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Michael Ossorio as "Employee of the Year" for 2006. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources r' Cl@nd2 Item hdt:. - ebru lry 13. 2007 Page <' of COLLIER COUNTY BOARD OF COUNTY COMMISSlONLP,S Item Number: �._. Item Summary: Fr-,commendation t reangnize Mike Ossono Cnntra i_icensmc Offine, Cortmi.inity Development and Enwnrnmental services as Employee of the `%ear for 200(1. Meeting Date: 21131206- 9.JC.06 N.M Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 1/18!2007 5:03 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin, 11,2912007 5.51 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management S Budget 1131;2007 7:50 AM Approved By Laura Damsson Management & Budget Analyst Date County Manager's Office Office of Management S Budget 1/3112007 8:39 AM Approved By Michael Snrykowski Management a Budget Director Date County Manager's Office Office of Management: & Budget 21112007 8:14 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21112007 3.27 PM Commissioners Agenda Item No. 5D February 13, 2007 Wage 1 of 5 PRESENTATION The mandatory Non - Residential Recycling Ordinance, adopted by the Board of County Commissioners on July 27, 2004, established the Waste Reduction Awards Program, the WRAP award, to recognize businesses and institutions for enhanced and innovative recycling programs. The Board of Collier County Commissioners is pleased to recognize Imperial Health Care for their efforts to contribute to the greater good of all of Collier County by helping to prolong the usable life of the Collier County Landfill by reducing their solid waste stream through an enhanced recycling program as evidenced by: • Their recycling program began with a one cubic yard cardboard recycling container. The program was expanded in early April 2006 by adding eight 96- gallon commingled recycling containers to collect materials such as newspaper, office paper, magazine, plastic and aluminum cans. • Additionally, the company contracted with a paper shredding vendor to place the secured documents into locked containers to be shredded and then recycled. '^ • Imperial Health Care promotes source reduction by using non - disposable dishware such as drinking mugs for individual health care patients. • The health care facility practices waste reduction by buying items in bulk, which reduces packaging. • The housekeeping staff recycles all the plastics from laundry detergent and cleaning fluid containers. Imperial Health Care is an outstanding example of an institution that manages an excellent recycling program and is in compliance with the Non - Residential Recycling Ordinance. The WRAP award program includes a certificate, a trophy, use of the WRAP logo and space on the www.collierLov.net"recvlc website to showcase their waste reduction and recycling program. Therefore, the Board of County Commissioners congratulates Mr. John Hesel, Administrator; Mr. Will Boles, Assistant Administrator; Mr. Raymond Atkinson, Maintenance Supervisor and the staff of Imperial Health Care for their continued support in promoting waste reduction and recycling. Their efforts and recycling leadership is a positive example to other Health Care Institutions and will have a significant effect on sustaining the usable life of the Collier County Landfill. Fehr�ary 1. 2D07 COLLIER COUNTY BOARD QF COUNTY C ;OMN',ISSIONEPS Item Number: SCl Item Summary: f,,P ertwio,- tO the Board c,,' Ccuity or the 'A."iste Ple(JUCt10r- AIAalls to e,--(,rize 1),i, neSSEs and Mn MUMO"Ie 'of c,i!iari ed anz; rmcivaiive Meeting Date: C0 CC, AM Prepared By Janet Ty -Go Recycling Coordinator Date Public Utilities solid Waste 1121!200' 5*17:24 PM Approved By Daniel R. Rodriguez, W.D.A. Solid k`Jstc, Director Dat,, Public Utilities Solid Waste 1!2612007 9:17 AM Approved By Judith Nothdurtt Waste Reduction & Recycling Manager Date Public Utdities Solid Waste 1,2612007 3:42 PM Approved By W,.,g,e Henke Public, Information Coordinator Date Public Utilities Public Utifines Aarrarnstrat,on 1129(2007 2:29 PRO Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 113012007 9:32 AM Approved By OMB Coordinator Administrative Assistant Date County Manaqer'c Office Office of Management & Budget 1/31t2007 7:53 AM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 113112007 e:03 AM Approved By Michael SIIYKo,,sk, Management & Budget Director D.ti, County Manager's Office Office of Management & Budget 1!3112007 4:39 PM Approved By James V. Mudd County Manager Date Board of County Manager's arw9er's Office 113112007 -:38 PM Commissioner, D s COLLIER COUNTY WASTE REDUCTION AWARDS PROGRAM NOMINATION FORM CRITERA A business must be located within the unincorporated areas of Collier County and have integrated new, expanded, exceptional and /or innovative recycling and /or waste reduction efforts into its solid waste management system in response to and exceeding minimum requirements of the Non- Residential Recycling Ordinance No. 2004-50. The Ordinance can be found online: www. col liercountyrecycles .com/pageslaboutBusiness. asp. Examples include but are not limited to, partnering with another agency to reuse, waste materials, increasing capture of recyclable materials from zero to 100 %, incorporating innovative methods of collection and /or processing of recyclable materials. Businesses can be self - nominated, nominated by an individual, or as the result of a site visit by County personnel. Awards will be presented four times a year in January, April, July and October. A panel of technical associates considering the waste reduction and recycling program merits, based on the program summary, will determine the awards. AWARD DESCRIPTION The Collier County Waste Reduction Awards Program includes space on the website, www.colliercountyrecycies.com, showcasing the business and its exceptional recycling/waste reduction program, use of the CCIWRAP logo including a small window display, and a recycled glass award. CATEGORIES Submit to: Collier County Solid Waste Mgmt. Dept. • Office 3301 Tamiami Trail E, Bldg. H • Institution Naples, FL 34109 Fax: 239 774 -9222 • Retail Date Business Nominee Contact Person ' `/�'a /.f ��? 'J`j,GV Category V/ c,'? Address t i.lt, Phone Nominator J : Phone Address /Affiliation -_ Ci GXy'Y+ PLEASE ./ATTACH RECYCLING PROGRAM SUMMARY (descriptive pages as needed) -r J t i.lt, ;Y �#r.. u�s4,"..#rx; Ruz-ytt 1. `>✓ s'�0 ` c� }}�G��Cy �l aj' L"' _� J ...v p, . t A NO" 1 a :s 4 <pa l fi rr u, r n e- I A ! i qI a�Yjl` 4 t� Nj P9l 4 4 H}'"' 4 u � Y. In S y 4 v s iv w " ��,4�,. .w•<.. ' d • '� "\k i i, '�jr �e 4YY'� w� 1 .F � e 'Sxq 4 F?x'Ri y to 34 T � � � ��'�� lh �y� � !! ;}raj �t�y %aa "k�a" J !w x �• a, a 1Y {Af x We I'� �I � -o t p ,. •+ t � 'Y�.at' :a. Y �';'Sr 'W.. � ,�'•F 15 "'rh + i t, r* . "" >w :: i Sao- M. ✓ ��� ,��` ,Fh � „ !' I{� ",{,, f � �b � , � r ,k;�. i. - t j � �°` M .qc a Joy F i 4 p"ly �'Mpp ^k • �' -',� � ° ,ice... gam. � rS �_�.✓ I f P �rl rnda itern No. v bru:sry 13. 21007 P <e 1 of 3 EXECUTIVE SUMMARY Recommendation to hear a presentation from the U. S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County OBJECTIVE: To have the Collier County Board of County Commissioners (BCC) hear a presentation from the U. S. Fish and Wildlife Service (USFWS) regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. CONSIDERATION: On October 19, 2006, USFWS staff briefed the BCC on how the USFWS addresses Florida panther impacts from development activities in southwest Florida. At that meeting, USFWS staff indicated that they would evaluate possible changes to the boundary of the Panther Consultation Area (Figure 1). This area is used by the USFWS to identify the area in Collier County where land development projects are to be reviewed by the USFWS for possible Florida panther impacts. FISCAL IMPACT: There is no fiscal impact to this particular agenda item. Any reduction in the boundary of the Panther Consultation Area would likely reduce the time and cost of acquiring federal permits. GROWTH MANAGEMENT IMPACT: The County utilizes letters of technical assistance from Federal and State agencies regarding impacts to listed species as required by Conservation and Coastal Management Element Policy 7.1.2.(3). Changes to federal permitting for the Florida panther would be reflected in how the County reviews land development projects that may affect the Florida panther. LEGAL CONSIDERATIONS: There are no legal considerations to the BCC hearing this presentation. RECOMMENDATION: That the Board of County Commissioners hear the USFWS presentation regarding the Panther Consultation Area in Collier County. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Figure 1. USFWS Panther Consultation Area in Collier County Collier County Panther Areas wry, Data Source Panther keas- USFY%S Agenda Item No. uE February 13, 2007 Page 2 of 3 Created By GI CDEE / Environmental Sery tes — G %GIS rmpWanWa king m.d 0 2.5 5 10 Miles '' -` C6I1leer County GgmageslMaps&f+enalsWanAreas jpeg Date. 11117/06 2 T COLLIER COUNTY Item Number: Item Summary: re'a.. a Meeting Date: ., _.. .0 Prepared By lydililam D. -c,en, Jr.. P.E. Ecvrnnmenta' Ser-- Director Date Corn —ity Develop m cn: & En, Services Envrcnmenta: Services ,L1£; 2606112429 AM Approved By Constance RV Johnson Qpetallon8 ialolyst Date :: ar,murnty Development & Dev—oment 8 Gnvtromnerta! Services E =ivronrne:rts! Services G,mmn. 11:21;20rJG �J22 4M Approved By Mfl rtone Stewart ExecuU VC Secretary Date Community De—tcpment & C, shot —t,, Deveiopment & Environmental Services I, vrenmental Services Nc7mm_ 21 /2006 9 4- H M Approved By Com'11 UIVtL De GGb pm cnC & .loseph K. Schmitt Date [nvironmcnial Services Aummstrator Community Dervelopment& Comm. "fty Devsioomen S cnvirc rimental . I 1127i2006 6:22 oN' Approved By OMB Coordinator A jn -, tratwe Frssistant Datc County Manager's Office Office of Wanagement & Budget 1!2512006 1,01 PrO Approved By Kherk Isackson B"rt r-t Noalyst Dale :�onmty Nana¢er`s Office Ott.c' of PAanapen'vot & B.:or"Il 11 20:tODF 2.24 PM Approved By -ames V R4udd Count, 6Sanaoer Date EoarJ of Coanty Commissioners Co-nte f4anaoers Office y 1;3C.'200G 4.26 PM Agenda Hem No. 5F F:ebruary 13, 2007 Page 1 of 2 CONTRACTOR PRESENTATION FORM Board Presentation Date: February 13, 2007 Contract Number, Project Title, Proiect Number: 05 -3788, Immokalee Road Widening US 41 to I -75, 66042B Firm Name: John Carlo, Inc. Proiect Manager: John R. Conti Proiect Description: This 3.5 mile project consist of widening Immokalee Road to six lanes from U.S. 41 to I -75 ramps. A six foot sidewalk will be provided on both sides of the roadway from U.S. 41 to Medical Blvd./ S.W. Health Blvd. From that point east, a six foot sidewalk will be provided on the south side of the roadway. Work also includes adding two lanes to the airport Road Bridge and median improvements on Airport Road south of Immokalee Road. There is also extensive Utility relocation and replacement through out the project. Original Start Date: May 2, 2005 Notice to Proceed Issuance Date: Original Completion Date: November 18, 2007 Revised Completion Date: January 23, 2008 Reason(s) for Variance: Days added for Hurricanes (Dennis and Wilma), extra work for design changes, unforeseen conditions and for Utility conflicts. Actions Planned /Taken to Minimize Variance: Original Budget: $26,947,099.43 Revised Budget: $27,395,143.71 Reason(s) for Variance: Additional money needed for changes due to added work, unforeseen conditions and Utility conflicts. Actions Planned /Taken to Minimize Variance: Current Proiect Status: Milestone 1 (I -75 to Livingston Road) is complete. They have completed the utility work in milestone 2 (Livingston Road to Airport Road), the additional lanes on Airport Road Bridge, and most of the widening work. They are currently working on curb and gutter, sidewalk, sodding, street lights, and signals. Note: There is a claim pending from the contractor for 220 days and 1.1 million dollars due to FPL delays and another claim for $500,000.00 for issue of payment for Utility line fittings. To date claims are not resolved and litigation is pending. Nqcrid,,i 1',Pr, Ni� 5' r b r Ll it 20 ') 7 2, of 2, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: F ,eo pleSerl-Lation Immokale a"I E-uans cri L, 41 [C, l-', ','Frnp .: n1de r,,oject presented 0,, Jonn Carlo nc Meeting Date: 2 /1 3 /2C0; b 00 0'- 1,10 Prepared By John R. Conti Field Engineering Inspector Date Engineering and Transportation Services 11181 "1007 111812007 11:24,02 AM Approved By Steve Carrell PurchasincjtGcnerai Svcs Director Dale Administrative Services Purchasing V1812007 121:18 PW,, Approved By Norm E. Feder, AICP 1 rarspo�,atton Division Administrator Date Transportation Scryice,, Transportation Services Admir, 1;23/2007 4:03 PM Approved By Lisa Taylor ManayernentfBuaget Analyst Date Transportation Services Transportation Administration 112612007 2:37 PM Approved By Slevt, Ritter Field Engineering Inspector Date Transportation Engineering and Transportation Services 112912007 1'.38 PM Construction Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1!2912007 2:28 PM Approved By N41el, Ahr,ad Director Date Transportation Engineering & Services Construction Management 11301207 4: S1 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 1131/2007 12:19 PM Approved By Pal, Lennhard Executive Secretary Date Transportation Services Transportation Services Adrnin 1/31,'200' 1:56 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & budget 1131,12007 3.26 PM Approved By Susan Usher Senior VanagernentiBudget Analyst Date Cisunity Mn.,gc,'s Office Office of Management & Budget 2,2/2007 12:39 -M Approved By Michael Smykowsk, Management & Budget Director Date County Manager's Office Office of Management & Budget 212!2007 2:47 PM Approved By Jaynes V, [Rudd Counts, Manager Date Board of County Ciunty Manager's Office 212+2007 3:l1 PM Commissioners Agenda Item No. 7A FebrUary 13, 2007 Page 1 of 37 EXECUTIVE SUMMARY SV- 2006 -AR -9962: Wal -Mart Stores East L.P., represented by Boice -Raidl -Rhea Architects, requesting variances to Section 5.06.04.C.a. to allow 13 additional wall signs in the Wal -Mart Super- center. The subject property is located at 5420 Cormorant Avenue, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the advisability of a request for sign variances to permit thirteen wall signs and 569.49 square feet of sign display area in addition to the CP number of signs and sign display area allowed in the Land Development Code (LDC), 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 is located on the south side of Immokalee Road (C.R. 846), at 5420 Cormorant Avenue in the Donovan Center PUD. The existing subject building, a Wal -Mart Super- center has three wall signs with a total of 119.82 square feet of display area. The applicant seeks a variance from Section 5.06.04.C.4. of the Land Development Code (LDC), to permit thirteen additional wall signs, and a variance from Section 5.06.04.C.4.a. to permit an additional 569.49 square feet of sign display area. Upon consideration of the comments and the recommendations of the CCPC, the applicant has reduced the number of signs and amount of square footage that they are requesting for variances. Their amended request is for a variance from Section 5.06.04.C.4. of the LDC to allow four additional wall signs rather than their original request for thirteen wall signs, and a variance from Section 5.06.04.C.4.a. to permit an additional 195.85 square feet of sign display area rather than their original request for 569.49 square feet of sign display area. Please see attached letter from the applicant and updated plans of the proposed four signs. A full analysis of the sign variance request is included in the Staff Report. Staff is required to examine whether the request meets the intent of the sign code as well as how it relates to the variance criteria. Staff's analysis concludes that the request for additional signs is not in harmony with the general intent of the LDC and the objective of its sign section. There are no special needs and circumstances in regards to the subject's building size that are not specifically addressed in the LDC, and there are no ameliorating factors in this request. FISCAL IMPACT: The variance, by and of itself, will have no fiscal impact on Collier County public facilities. WAL -MART, SV- 2006 -AR -9962 EXECUTIVE SUMMARY Pagel of3 Agenda item i``i0. 7A February 13. 2OL,7 GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Designation, Interchange Activity Sub - district of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. The actual Donovan Center PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. AFFORDABLE HOUSING IMPACT: The subject Sign Variance petition does not have an impact on the goals, objectives and policies of the Housing Element of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) does not normally hear sign variance petitions, and did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the request on December 7, 2006 and with a vote of 7 -1, forwarded this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval for three of the thirteen requested signs. Commissioner Tor Kolflat had the dissenting vote. The three signs that were recommended for approval by the CCPC are the following (see attached plan A -2.2 from Boice -Raidl -Rhea Architects, dated 1/28/04): "Food Center ", labeled as sign "12 ". "Pharmacy Drive- Thru ", labeled as sign "18 ". "Garden Center ", labeled as sign "20 ". Since this petition did not receive unanimous approval from the CCPC and because their recommendation of approval is only for three of the requested thirteen signs, this item has not been placed on the Summary Agenda. Staff analysis of the CCPC recommendation: The CCPC based their decision to recommend approval of three of the requested signs because they consider those three signs to be directional and not advertisement. They noted that these three signs would better direct Wal -Mart customers within the site. The LDC defines advertising signs as "a sign directing attention to a business, commodity, service, ^` or entertainment conducted, sold or offered, either on- premises or off - premises." (LDC Section 1.08.02., "Definitions "; "Sign, advertising ".). Stuff analysis of the signs that the CCPC recommended for approval is that these signs would attract attention to the Wal -Mart building, the WAL -MART, SV- 2006 -AR -9962 EXECUTIVE SUMMARY Pabe 2 of 3 Aaerida Item Nio. 7A February 13 . '0.'(j7 Page '3 o` 37 Wal -Mart's type of business, and Wal -Mart's services and goods that are offered and sold within this commercial use building. Furthermore, directional signs, as defined in the LDC, are not counted toward the maximum amount of signs and display area allowed in the LDC. The Wal -Mart building already features 2 "Enter" and 2 "Exit" directional signs that were permitted and do not count towards the maximum amount of signs and display area allowed in the Wal -Mart building. Staff concludes that these three signs fit the definition of advertising signs in the LDC and are not directional signs, and as such, their number and display area would be beyond what is allowed in the LDC. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the eight (8) listed criteria in Section 9.04.03 of the LDC. These evaluations are completed and have been incorporated into the attached Staff Report. The BZA must utilize the 8 criteria in considering a variance petition (see professional planning staff analysis). This analysis appears on pages 7, 8 and 9 of the Staff Report. There will be additional evidence presented by the petitioner and members of the public may speak at the hearing on this item. The Board must also take into consideration that testimony as it relates to GMP consistency and the 8 standards for consideration for the variance. The BZA may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those requirements necessary to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. STAFF RECOMMENDATION: Staff has determined that the request is not in harmony with the general intent of the LDC and the objective of the sign section. There are no special needs and circumstances in regards to the subject's building size that are not specifically addressed in the LDC, and that there are no ameliorating factors in this case. Based on the analysis of the guidelines associated with the subject variance request, staff recommends that the Board of Zoning Appeals deny Petition SV- 2006 -AR -9962. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review WAL -MART, SV- 2006 -AR -9962 EXECUTIVE SUMMARY Page 3 of 3 ifem No -(A e,)r uary 1 Page 4 of 7 COLLIER COUNTY BOARD OF COUNTY COMI'VIISSIONERS Item Number: Item Summary: Itc,-, eqi0re.1, t, W ar. part: its rA smorr In a, 1 rix carte ciis,, qsu,e Le iiaec by oririiissiort rlienir,&rs SV 2-,101 -,R 991—', -Na--Mal: Stores Easy L � represeritro by eo,oe- RaiJl R'16a ArCtWectS re-,ue�jjr,P van311 t" -�Ct'D 5 0' ';4 C a to ai:ov, 13, aerj,tic)ral wal Sl- T r o s e�! 01F ',Ala� M�ir* v, I � ) p perty is lotateu f)4i,, Corriciant i1 vGnue ir. SE.cti,)r 30 1 owpShl , 4F South Rang, `f> Las! Collier C-oumy Floc da Meeting Date: 211372007 9 0060 iM Prepared By Carolina Valera Urban Dosipn Planner Date Community Development & Environmental Services zoning & Land Development Review 17261200' 2:48:05 PM Approved By Community Development Joseph K. Schmitt Date Environmental Services ALminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. V29,'2007 E:513 AM Approved By Jeff Ktatzko. Assistant County Attorney Date County Attorney County Attorney Office '129120137 11:57 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 113012007 8:46 AM Approved By Susan Murray, A!CP Zoning & Lznd Development Director Date Community Development & Environmental Services Zoning & Land Development Review 1/;112007 3:12 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 21112007 8:22 AM Approved By Marlene Stewart Executive Secretary Date Community, Development & Community Development Environmental Services Environmental Services Admin. 21V2007 9:26 AM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 21112007 4A8 PM Approved By Mark Isackson Budge-, Analyst Date County Manager's Office Office of M.11aci.meril & Bodoet 2f2!- *1007 525 PM Approved By James V Mudd Courty f,',,nayer Date Board of County County �ountv Manager's Office 21312007 9:15 AM r-eurua-yE 13 2 Qv7 RIRIR pace 5o architecture December 20, 2006 Carolina Valera Collier County Community Development Dept. of Zoning and Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 239 - 659 -5729 Re: SV- 2006 -AR -9962 Dear Carolina — Enclosed please find updated A2 and A2.2 sheets detailing our revised sign variance request. Upon consideration of the comments made at the CCPC meeting on 12/7/06, we have reduced the number of requested signs to four. We would like to add the following signs to the front fa5ade of the building (all signs will face Cormorant Avenue): "Food Center "; "Retail Center"; "Garden Center "; "Pharmacy Drive- Thru ", The first three signs listed will be placed over entryways into the building that currently have no signage to direct the public. The fourth sign will be placed upon the pharmacy drive -thru that Is currently unidentified. If you have any questions about our updated variance request, please do not hesitate to call. Sincerely, i N � �� l' %i E- 04 Chelsea Covington Maass BRR Architecture 6700 Antioch Suite 30D Merriam, KS 66204 913 - 236 -3430 www.brrirch.com 6700 Antiodi Piaza, Suite 300, Merriam, KS 66204 MAIN 913 - 262 -9095 FAX 913 - 262 -9044 kansas city i benlonvllle I phoenlx I tampa I mlaml Zy A g IA A . 1 � b W' �M � � ■t ; }� ■ ■1t A g IA A |' \|g| � � ; \ z c glcn z cc T 8 LJ F- v) X uj C: 9 Ln / ��! r L� Lf LL v G LIj 2 uj (n LLI v) z Ld z w V) -lui LU /�� V) 51; % x + ,4-� � r- r- r. o cn ao I CD - iU a- CD I� LL ftl � � Q W V J �L z I W G � II t� 00 LM M (,n a Ln W N C I Q0 0 N I N O ILM F:oeiida Item No. 7A February 13, 2007 Page 10 of 37 RESOLUT10N NO. 07- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2006 -AR -9962, FOR A VARIANCE TO THE MAXIMUM NUMBER OF WALL SIGNS AND SIGN DISPLAY AREA SIGNS ALLOWED PURSUANT TO SECTION 5.06.04 OF THE LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN THE DONOVAN CENTER PUD, LOCATED IN SECTION 30, TOWNSHIP 48S, RANGE 26E, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being Elie duly elected constituted Board of Elie area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of granting a sign variance for thirteen wall signs and 569.49 square feet of sign display area in the Wal -Mart Supercenter•, located in the Donovan Center PUD, Section 30, Township 48S, Range 26E, Collier County, Floridn. The wall signs require a variance from the maximum number of wall signs permitted in retail business with a floor area larger than 25,000 square feet pursuant to Section 5.06.04.0.4 of the LDC. The display area requires a variance from the maximum number of display area for signs as petmitted in Section 5.06.04.C.4.a; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have not been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.03 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties havo been given opportunity to be ])card by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that Petition SV- 2006 -AR -9962, filed by Chelsea Covington of Boice -Raidl -Rhea Architects, representing Wal -Mart Stores East, L,P., with respect to the subject property described in Exhibit "A ", in Section 30, Township 48S, Range Page I of 2 Agenda item No. 7A - ebruary 13, 2007 Page 11 of 37 26E, Collier County, Florida, is hereby denied for variances from the maximum number of wall signs permitted in Section 5.06.04.CA and 5.06.04.C.4.a of the LDC. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2006 -AR 9962 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this _ day of 2007. ATTEST: DWIGHT E. BROCK, Clerk By. Deputy Clerk Approved as to f017n and kfalkulicicncl j County Attorney SV- 2006 -AR -9962 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Page 2 of 2 agenda 11 'em No. 7A February 13, 2,307 Paue 12 of 37 Cot- e-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 7, 2006 SUBJECT: PETITION SV- 2006 -AR -9962, WAL -MART PROPERTY OWNER/AGENT: APPLICANT: Wal -Mart Stores East L.P. 2001 Southeast 10th Street �.. Bentonville, AR REQUESTED ACTION: AGENT: Chelsea Covington Boice -Raidl -Rhea Architects 6700 Antioch, Suite 300 Merriam, KS The applicant is requesting a variance from the maximum number of signs and wall sign area allowed in Section 5.06.00 of the Land Development Code (LDC), to permit additional wall signs in the existing Wal -Mart Supercenter located in the Donovan Center PUD. GEOGRAPHIC LOCATION: The subject site is located on the south side of Immokalee Road (C.R. 846), at 5420 Cormorant Avenue in the Donovan Center PUD, located in Section 30, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PURPOSE /DESCRIPTION OF PROJECT: The existing Wal -Mart building has three wall signs with a total of 119.82 square feet of display area. The applicant seeks a variance from Section 5.06.04.C.4. of the Land Development Code (LDC), to permit thirteen additional wall signs; and a variance from Section 5.06.04.C.4.a. to permit an additional 569.49 square feet of sign display area (See pages 4, and 5, sheet A -2 and excerpt from sheet A -2.2 from Bo ice-Raidl- Rhea Architects, dated June 15, 2006, depicting - existing and proposed signs and building elevations). SV- 2006 -AR -9962 Page 1 of 10 W s' i L 4 1 ---1 , r rrsurl .< I jj Ir Ic 17 04. A-low, 6. L SV-2006-AR-9962 Page 2 of 10 CL z z 0 N L _L z C) C) _j IC DIF � 7 o. W s' i L 4 1 ---1 , r rrsurl .< I jj Ir Ic 17 04. A-low, 6. L SV-2006-AR-9962 Page 2 of 10 CL z z 0 N L _L z C) C) _j IC DIF � 7 Agenda Item N0. 7A Februa -y 13, 2007 ?age '4 Y 37 Section 5.06.04.C.4. of the LDC allows a maximum of three wall signs to retail businesses with a floor area larger than 25,000 square feet. Section 5.06.04.C.4.a. of the LDC further allows the display area of the three signs to a maximum of 250 square feet for buildings over 60,000 square feet in area. The applicant seeks a variance to permit ten additional wall signs on the west facade of the building, which faces Cormorant Boulevard. These signs are identified as "8 ", "9 ", "10 ", 6412 ", "13 ", 4614 ", "15 ", "16 ", 4417 ", and "20" on the proposed plan. These signs represent an additional 230.29 square feet of display area on the west facade, which combined with the existing signs would result in a total of 459.29 square feet of display area. On the south facade of the building that faces the residential portion of the Donovan Center PUD, the applicant seeks variance for three additional signs: two "18" wall signs as identified on the plan, and one 40.2 square foot "Wal -Mart" sign. These signs represent an additional 110.2 square feet of display area on the south facade. The existing three wall signs and the additional thirteen wall signs represents a total of 689.31 square feet of display area for the whole building. SURROUNDING LAND USE AND ZONING: North: Immokalee Road (C.R. 846), then the Pelican Strand PUD. South: The residential portion of the Donovan Center PUD and Bosley PUD (vacant property) then the Collier Regional Park zoned CU. East: Breezewood PUD (vacant property) then I -75. West: Stiles PUD, and the Livingston Lakes PUD (vacant properties). wno - wa +a nso p..-Mp �n YMV. a Lr^ PJL'd1O ,K war uaa+wi w I I � ZONING MAP SV- 2006 -AR -9962 Page 3 of 10 -;�r P. , L. 4 4 . k ---- 111 f mod, L- 4 T FCC SV-2006-AR-9962 Page 4 & 10 Acenda Am No, 7A Web�aj 11 007 Page S of 37 06 ua fill G Cr� 1F f G B Bill& mo, II i L- 4 T FCC SV-2006-AR-9962 Page 4 & 10 Acenda Am No, 7A Web�aj 11 007 Page S of 37 06 ua Agenda Item No. 7A FebrUary 13, 2007 Page 16 of 37 19 p n-4 T L is it JU IF SV-2006-AR-9962 Page 5 of 10 l +, i i.:Ci'i v0. 74 February Pa:)e 1�( Gf 3 r r' AERIAL GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Designation, Interchange Activity Sub - district of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. The actual Donovan Center PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. SV- 2006 -AR -9962 Page 6 of 10 Agei.aa !tern No. 7A February 13. 2007 Page 18 of 37 ANALYSIS: Section 9.04.00 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved? No, there are no special conditions or circumstances in regards to the above criteria. The applicant maintains that the variance is necessary due to the size of the building. However, the LDC includes provisions that allow an extra wall sign for buildings over 25,000 square feet in area and additional sign display area for different sizes of buildings: 150 square feet of display area for buildings up to 24,999 square feet; 200 square feet of display area for buildings up to 59,999 square feet; and 250 square feet of display area for buildings over 60,000 square feet in area. b. Are there special conditions and circumstances which do not result from the action of the applicant, such as pre- existing conditions relative to the property, which is the subject of the variance request? No, there are no special conditions or circumstances in regards to the above criteria. The applicant cites the existing building as a pre - existing condition. However, the provisions of the LDC in regards to the maximum number of allowed wall signs and display area, and from which variances are being sought, are the same as the ones in place when the existing subject structure was built. C. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? No. Unnecessary and undue hardship, as well as practical difficulty will not result from the literal interpretation of the LDC due to the fact that the existing subject building displays three wall signs: one sign facing Immokalee road (north facade); two signs facing Cormorant Avenue (west facade); four directional wall signs facing the residential portion of the PUD (south facade); and an additional wall sign on the west facade to advertise for a tenant that leases space inside the building. The applicant maintains that the additional wall signs are necessary to provide equivalent opportunity to be identified as a merchant compared to a smaller business that is closer to the roadways. As discussed above, the LDC has provisions for additional wall sign and display area for larger buildings. The applicant also states that the additional wall signs will promote safety and convenience by providing extra direction and avoid an unsafe environment by providing ease of identification. The provisions contained in the LDC promote health, safety, and general welfare. SV- 2006 -AR -9962 Page 7 of 10 A.-eIIC'a it M !',JO. 7A ek7 r,:ary Page 19 o ;;7 d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The existing subject building displays the number of wall signs and display area that meet the requirements of the LDC, and which. in staffs opinion, makes possible the reasonable use of the building. The applicant maintains that the variance will provide equivalent opportunity to be identified as a merchant compared to a smaller business that is closer to the roadways as well to aid, inform and direct people within the site. In staff s opinion, the existing allowed wall signs promote standards of health, safety and welfare. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variance would allow a project site with an increased amount of wall signs and display area, thus conferring a dimensional departure from the Land Development Code requirements. The applicant maintains that the requested variance will provide equivalent opportunity to be identified as a merchant compared to a smaller business that is closer to the roadways as well to aid inform an direct people within the site. However, the sign section of the LDC has provisions for additional wall signs and display areas for larger buildings. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. Section 5.06.0l.A of the LDC lists five objectives regarding signs, which are as follows: I . Compatible with their surroundings. 2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. I Appropriate to the type of activity to which they pertain. 4. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property and small enough to satisfy the needs for regulation. 5. Reflective of the identity and creativity of the individual occupants. The provisions of the LDC promote all the above objectives. The additional signs do not promote objective 1. The proposed signs are not compatible with the number of wall signs and display area allowed in surrounding commercial buildings. Furthermore, additional incompatibility exists with properties to the west and south of the subject site that are residentially zoned and where buildings do not display wall signs. The additional signs do SV- 2006 -AR -9962 Page 8 of 10 Agenda Item No. 7A rebruary 13; 0-007 Page 20 of. 37 not further promote the above objectives. Therefore, approval of the variance would have a negative effect upon the neighborhood. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The above criteria does not apply to the subject site. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will be consistent with the GMP since it will not affect or change the requirements of the Growth Management Plan. Staff has analyzed the guidelines associated with the variance request, and has determined that the request is not in harmony with the general intent of the LDC and the objective of its sign section; there are no special needs and circumstances in regards to the subject's building size that are not specifically addressed in the LDC; and that there are no ameliorating factors in this case. No correspondence or letters of objection have been received. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition SV- 2006 -AR- 9962 to the Board of Zoning Appeals with a recommendation of denial. SV- 2006 -AR -9962 Page 9 of 10 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW ASSISTANT COUNTY .ATTORNEY RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION MARK STRAIN, CHAIRMAN SV- 2006 -AR -9962 Page 10 of 10 DATE DATE DATE DATE DATE DATE Paav 21 of 7 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLUERGOV.NET _ Agenda item No. 7A February 13. 2.07 Pane 22 of 37 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 VARIANCE PETITION Dimensional � Sign SV- 2006 -AR -9962 PROJECT #20020600] 7 DATE: 6/22/06 CAROLINA VALiCRA PRE - APPLICATION MEETING NOTES f c & SUBMITTAL CHECKLIST I Date: ! .aTime: C� Assigned Planner: �1,62c%t_. Project Name: Project Addr /Location: �'`� � `- JR.M &f 04-;pt- Applicant Name: _f 11 V l J%V Phone: Firm: "'`�1� Jam. 5�..�'S CJ r Type of Petition: Owner Na Current Zoning: �� Owner Address: 0SD1 16 E Phon Meeting Attendees: (attach Sign In Sheet) SUBMITTAL REQUIREMENTS: IS copies of completed Application Addressing Checklist signed by Addressing Dept I. Pre - application meeting notes 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 1/2 X 1 1 copy) Survey of property showing the encroachment (measured in feet) Completed Owner /Agent Affidavits, Notarized 2 copies of Deed Location map 5 copies of Aerial Photograph (taken within the previous 12 months) Electonic copy of all documents and plans (CDROM or Diskette) ❑ Historical Survey or waiver request Property Owner Advisory Letter and Certification Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last re -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees: A 2OC;7 c = of 'J7 ❑ $2000.00 Residential ❑ $5000.00 Non - Residential $2000.00 Sign Variance $729.00 Estimated Legal Advertising Fee - CCPC Meeting $363.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under- payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ $1600.00 EIS Review OTHER REQUIREMENTS: El EJ NOTES: LDGZlj AgetzflOwner Signature Date 2 viaAV CIO 0 Z LU uj LL. 0 -01 CL tSi 0 Cl 06 0 0 LZ k I cr LU z Z LU CL 0- E z a 2 LU I.- z z (D 0 0 'Ili k I LU z Z LU CL 0- E z a 2 LU I.- z z (D 0 0 k I 'IT cl� 2 Lo 0 LU LLJ m V) Z Z T CL CJ N-1 ui LU LU O 3: ui 4A ce 0 z 0 us ,mac e 'IT cl� 2 Lo 0 LU LLJ m V) Z Z T CL CJ N-1 'oen'a ie r, Nc. 7,A ADDRESSING CHECKLIST ;:7e`}rua -y 3, 22,07 Page of 37 Please complete the following and submit for review to the Addressing Section at 2800 North Horseshoe Drive or fax to (239) 659 -5724, Not all items will apply to every project. Items in bold type are required. ired. Completed addressing checklist is required at the Pre - Application meeting. 1. LSal description of subject property or properties (copy of lengthy description may be attached.) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) r nn 0 1 g R r,)., 6 S nn t) 3. Street address or addresses (as applicable, if already assigned/) 4. 5. 6. Location map, showing exact location of project/site in relation to nearest public road right -of -way (attach) Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) Dro ect 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) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Insubstantial Change) ❑ FP (Final Plat) ❑ SIP (Site Improvement Plan) ❑ LLA (Lot Line Adjustment) ❑ SIPI (SIPI Insubstantial Change) ❑ BL (Blasting Permit) ❑ SNR (Street Name Change) ❑ ROW (Right -of -Way Permit) ❑ Vegetation/Exotic (Veg. Removal Permits) ❑ EXP (Excavation Permit) ❑ Land Use Petition (Variance, Conditional Use, ❑ VRSFP (Veg. Removal & Site Fill Permit) Dock Ext., Rezone, PUD rezone, etc.) ❑ TDR (Transfer of Development Rights) Otat her - Describe: !\10• r i a_�AC -' 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11, Please Check One: Checklis ,is to be Faxed Back ❑ Personally Picked Up 12. Applicant Nameae -",p a Phor Fag l -go�1-( 13. Signature on Addressing Checklist does dot constitute Project and /or Street Name approval and is subject to further review by the Addressing Section, SV- 2006 -AR -9462 _ FOR STAFF USE ONLY Primary Number 5 9 r' Address Number Address Number Address Number PROJECT 42002060017 DATE: 6/22/06 CAROLINA VALERA Approved __ _ G 7 ate /� �� COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 6968 Aaenca Item hJo. 7A February 13, 2007 2800 NORTH HORSESHOE DRW- 26 of 37 NAPLES, FLORIDA 34104 (239} 403 -2400 FAX(239)643- SIGN VARIANCE PETITION LDC Section 9.04.00 PETITION NUMBER (AR) SV- 2006 -AR -9962 PROJECT NAME PROJECT #2002060017 DATE: 6/22/06 PROJECT NUMBER CAROLINA VALERA DATE PROCESSED COORDINATING PLANNER ABOVE TO BE COMPLETED BY STAFF 'APPLICANT /::OWNER INFORMATION __ PETITIONER'S Z i (( PHONE L-L2 1--�--- g5jb__CELL #-- N- /A ----------- ------------------------ E -MAIL ADDRESS:_A_t____ AGENT:_?�� ------ FIRM: NAME: FAX(J41 -9) ao94 - Qa o 5 ADDRESS:[O'f1Q AjnjjLC-jg, Su J-6 SOU 0ty me- ^�''�. LM State ZIP a(920y_ PHONE \__ -- _CELL # &2`1 &L =Apl-: -3- _ -- -FAX E -MAIL ADDRESS_��V/ -18j:ji2 ___��X.L"�,r� L__�Uf!Vi --------------------- - - - - -- Application for Sign Variance Petition - 9/04, rev. 9/21 /04 31 2'u 7 r aae 27 of v7 Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. LEGAL DESCRIPTION OF SUBJECT PROPERTY — SECTION /TOWNSHIP /RANGE:_ � /___' -a-1 __ -- -- PROPERTY I.D.# UNIT ,O - - -- BLOCK--- - - - - -- LOT ---------- METES & BOUNDS DESCRIPTION: ------------------------------------------------------------------------------- - - - - -- ADDRESS OF SIGN LO�C,A�T,IION: Ave ------------------- - - - - -- CURRENT ZONING ____ ____________LAND USE OF SUBJECT PARCEL: ngth & Heigh of w II u oawhich the Sign will be secured: U Width of Subject Property: (Road Frontage) NATURE OF PETITION (If Wall Sign) Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; why encroachment is necessary; l­i,�A) pvis+inn encrnarhmont came to %o• ntr 110 YV a i, I X t I'.Iv ��t��.I lL 1. 1 L. ke%; \. r Application for Sign Variance Petition - 9/04, rev. 9/21/04 Agenda Item No. 7A February 13, 2307 Pane 28 of 37 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria 0 -6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. O w OA --�- -a c.1,0 . 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- existing conditions relative to the property which is the subject of the variance request. �1 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Application for Sign Variance Petition -- 9/04, rev. 9/21 /04 F !1- NO. i,`1 - -?- > Gs.2.,-- -SLe -- 0--d -a _&------------- - - - - -- ---------------------------------------------------------------------------------- 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. - lose - &eQ C------------------------------------ - - - - -- ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. P(Qase, 6, Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ------------------ ----------------------------------------------------------------------------- Application for Sign Variance Petition - 9104, rev. 9/21/04 Agenda item No. 7A February 13, 2007 Page 30 of 37 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Pte asp sp o a--- -acEeGL 8. Will granting the variance be consistent with the growth management plan. Application for Slgn Variance Petition - 9/04, rev. 9/21/04 cc er,Cl`7 item No. 7A eba;ary ? 1 11007 i`P,aae 31 of .17 Narrative Wal -Mart Supercenter Naples (1 -75), FL #5391 -00 Located at 5420 Cormorant, Naples, Collier County, FL Variance Petition - Signs LDC Section 9.04.00 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 -6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Summarized Evidence: Due to the unique size and shape of the structure and development, the requested variance for additional building signage is necessary to adequately provide direction to and within the development. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request. Summarized Evidence: The unique size and shape of the structure and development are special conditions which do not result from the action of the applicant. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant, Summarized Evidence: Due to the large size of the structure and development, and the distance from the roadways, the request for additional building signage Is necessary to allow the applicant signage that provides an equivalent opportunity to be identified as a merchant compared to a business whose building is much smaller and closer to passing motorists. The additional building signage requested is necessary to provide customers with direction to the development as well as to identify the services offered within, promoting safety and convenience. The resulting hardship created by not permitting the proposed building signage is the potential that consumers will not be able to easily identify the development and the uses within, and therefore an unsafe environment shall be created on the roadway and in the parking lot. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Summarized Evidence: The variance requested is the minimum variance required to provide the applicant with building signage that provides an equivalent opportunity to be identified as a merchant compared to a business whose building is much smaller and closer to passing motorists, as well as to aid in informing consumers of the uses offered within and directing them to the uses which they seek. Agenda Item No. 7A February 13, 2007 Page 32 of 37 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Summarized Evidence: The variance requested shall not confer n the petitioner any special privilege that Is denied to other lands, buildings, or structures in the same zoning district, but will provide the applicant with building signage that provides an equivalent opportunity to be identified as a merchant compared to a business whose building Is much smaller and closer to passing motorists, as well as to aid in informing consumers of the uses offered within and directing them to the uses which they seek. 7. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Summarized Evidence: The intent of the ordinance limiting the number and square footage of building signs within the district appears to be to reduce the visual clutter while maintaining an aesthetically pleasing environment in the neighborhood. The proposed building signage, while it exceeds the set limitations, has been designed to identify the development from the roadway, creating less confusion and maintaining public welfare, thereby providing a safer shopping experience. The building slgnage also provides directional and informational signs, which shall be visible within the parking area to better guide consumers and help to identify the services offered within, promoting safety and convenience. Additionally, the building signage has been created as an architectural feature, which visually breaks the long expanse of the building exterior. 8. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Summarized Evidence: There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 9. Will granting the variance be consistent with the growth management plan. Summarized Evidence: The Collier County Growth Management Plan is clearly intended to promote the public safety and well being of Collier County residents. Due to the informative and directional nature of the requested sign plan, this requested variance is consistent with that ideal. -nruar} `3 'D� ,7 age 33 of 37 AFFIDAVIT Well, ___ _____ __ _____ ______ ____ __ _ _ __ 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 'applicatian, inccluding-- 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 ------- �V— On __ to gcf-as our my representative in any matters regarding this Petition. _ ___ __ _ Sr n ;ture of P perty Owner- -- - Signature of Property Owner — - - - - - -- -------------------------------- Typed or Printed Name of OwnerJ�Y Typed or Printed Name of Owner iQrS; The foregoing instrument was acknowledged before me this _ -_ day of a,,, , 20_¢ Vie, by __ - °_ �` — J. ' & �1� Z --- who is personally known to me or has produced ------------------------ as identification. State of (Signature df Notary Public - State of Ftarlda) County of Ba-�'70&1 ,4v'Xcx n .sGs THIA C. BRADLEY OTARY PUBLIC" SV- 2006 -AR -9962 [Sla:teof rkansas, Ben ton County PROJECT #2002060017 mission Expires 0 i 12014 DATE: 6/22/06 CAROLINA VALERA ---------------------------------- (Print, Type, or Stamp Commissioned ivar�ie of Notary Public) Application For Sign Variance Petition - 9/04, rev. 9121 /04 Agenda item loo. 7A February 13, 2007 Page 34 of 37 DELEGATION OF SIGNATURE AUTHORITY Wal -Mart Stores East, LP I, J. Robert Bray, being a Senior Vice President of WSE Management, LLC, a Delaware limited liability company, the General Partner of Wal -Mart Stores East, LP, a Delaware limited partnership, do, pursuant to Article 3, Section 3.3 of the operating agreement (as shown in italics below) and the Limited Liability Company Act of Delaware, Del. Code Ann. Tit. 6 §18 -407, hereby delegate to John E. Clarke authority to execute all instruments requiring execution by WSE Management, LLC, in connection with the purchase, sale or leasing of real estate or the construction thereon, including but not limited to all contracts, checks or demands for money, notes, bonds or other obligations, and mortgages on behalf of WSE Management, LLC. Article 3, Section 3.3, Management rights of Assistant Managers .The. Assistant Managers shall be entitle to exercise all of the rights, authority and powers of the Manager under the LLC Act and under this Agreement if and to the extent that the Manager fails to provide otherwise in writing. Wal -Mart Stores East, LP By: WSE Management, LLC, General Partner J. rt Bray Senior Vice President Subscribed and sworn before me this day of YO A , 2006. N NQTAF, SEAL t 1" n. Notaiy Pubfic �� It My commission expires: [Notary Seal) 1 ` apprvv o 4 rrtis only by WAL- A T. LEGAL PT. 6 Ater. ___? zcs� Ep- F 45 11 �r r, SIGN VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST Akla-enda tem No. 7A a r u ;-,, ary 13. 2&',17 raav 35 of '7 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS # OF COPIES REQUIRED 1. Completed Application 12 2. Completed Owner /Agent Affidavit, Notarized 1 3. Pre - application notes /minutes 12 4. Survey or Site Plan of property depicting the 12 la, following: a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs - (labeled as such) d) Existing sign setbacks & proposed sign setbacks 5. Location map depicting major streets In area for 1 id see ss�� Plan reference 6. Fees Application Fee = $2000.00 Legal Advertising Fee for BCC = $205.00 ✓// Legal Advertising Fee for CCPC = $681.00 ✓ Checks shall be made payable to: Collier County Board of County Commissioners 7. Other Requirements - ------------------------- ------------------------------------------- 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 deiay of process this pet tion. Xignature _.-- •------ - -•- -- Applicant /Agent Date Application for Sign Variance Petition -- 9104, rev. 9/21104 Boise haidl Rhea Illarchlitectst Agenda Item Pao. 7A February 13, 2007 Page 36 of 37 S V- 2006 -AR -9962 PROJECT #2002060017 DATE; 6/22/06 CAROLINA VALE, RA June 15, 2006 Carolina Valera Collier County Community Development Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 239 - 659 -5729 Dear Ms. Valera, Please find an application for a sign variance enclosed. We hereby request a variance in regard to both area and number of building signs allowed. I have also included a copy of the information packet we worked on at the pre - application meeting, as we discussed on the phone a few weeks ago. The Collier County code specifies that: on any frontage of over 200 linear feet, we are allowed a total of up to three signs not to exceed 250 SF. The south (front) fagade of the Wal -Mart store has 634 linear feet of frontage. There are currently 2 signs on this side of the building, which together total 229 SF using the box calculation method. The west (side) fagade has 416 linear feet of frontage. There is currently 1 sign on this side of the building, totaling 108.48 SF using the box calculation method. The east (side) fat;ade does not have frontage on any road. There are currently 4 directional signs on this side of the building, totaling 11.34 SF. We propose to add 10 new signs to the south (front) fagade of the building, which together total an additional 230.29 SF. We also propose to add 3 new signs to the east (side) fagade, which together total an additional 110.20 SF of signage to the building. If all 13 of these signs are added to the existing sign package, the new total amount of square footage upon the building shall be 689.31 SF. The signs requested are directional and /or informational in nature. They will aid the general public by informing them of the uses offered in the Wal -Mart Supercenter as well as by directing them to the desired uses within the store. Please review the enclosed variance package, including 12 copies of the completed application, 1 copy of the completed ownerlagent affadavit, 12 copies of the pre - application notes /minutes, 12 copies of the A2 sheet depicting the locations of existing and proposed signs upon the building, 12 copies of the w A2.2 sheet depicting details of all existing and proposed signs on the building, 12 copies of the site plan (including a location map depicting major streets in the area for reference in the upper right hand corner), a check for the application, fee in the amount of $2000,00, a check for the legal advertising fee for BCC in 6700 Antioch Plaza, Suite 300 • Merriam, Kansas 66204 TEL 913 - 262 -9095 FAX 913 - 262 -9044 EMAIL infoC&M- arch.com wEB www.brrarch.com Member of American Institute o! Architects Agenda Item Coo. 7A February 13, 2007 Page 37 of 37 2 Carolina Valera June 15, 2006 the amount of $205.0, estioas orrdconcerns, for please contact me rne directly a� 913.236.3430. a 13.236 3 3Qa $681.00. If Thank yo you have any qu Sincerely, Chelsea Covington Boice -Raid) -Rhea Architects, nc. 6700 Antioch Plaza, Suite 300 Merriam, KS 66204 direct; 913- 236.3430 main: 913 - 262 -9095 tax: 913 - 262 -9044 Agenda Item No. 3A February 13, 2007 Page 1 of 151 EXECUTIVE SUMMARY PUDZ- 2004 -AR -6810: Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting approval of a rezone from the Agriculture (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as Hamilton Greens RPUD. The subject property, consisting of 29.68E acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone petition and render a decision regarding the petition. CONSIDERATIONS• The petitioner requests approval of a rezone from the Agriculture (A) Zoning District, Urban ... Residential Sub- district, to the Residential Planned Unit Development (RPUD) Zoning District for a project to be known as Hamilton Greens RPUD. The proposed RPUD will allow development of an 88 unit multi- family development that features recreational facilities and amenities intended for use by the residents of the proposed project. The RPUD document indicates that the project will be accessed from Livingston Road and include landscape buffers, 1.97 acres of water retention area, 14.23 acres of wetland preserve; 14 acres of County required preserve area, 023 acres of South Florida Water Management District (SFWMD) required preserve area, and 1.21 acres of upland preserve area are identified on the RPUD master plan. FISCAL IMPACT: The use, 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 rezone is approved, the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(0) of the Land Development Code, fifty percent -R" (50 %) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees HAMILTON GREENS, PUDZ - 2004 -AR -6810 EXECUTIVE SUMMARY Page 1 of 9 Agenda Item No. 3A February 13. 2007 Page 2 of 151 collected before the 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 IMPACT: Future Land Use Element: The subject property is designated Urban (Urban Mixed -Use District, Urban Residential Sub - district) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Sub - district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre (DU/A). This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as Planned Unit Developments. Review of the Density Rating System deems this project is eligible for a base density of 4 DU /A. The property is within the Transportation Concurrency Management Areas (TCMA) and has a potential for increased density of up to 3 DU /A. However, the applicant has not requested this density bonus. Base Density 4 du /a TCMA Density Bonus 3 Total Potential Eligible Density 7 du/a Based upon the above analysis, staff concludes the proposed density of 2.96 units per acre and uses for the subject site can be deemed consistent with Future Land Use Element. Transportation Element: Transportation staff has reviewed this petition's traffic study 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. There are no roadway segments impacted above 3.0 percent by the proposed development, the minimum percent beyond which the GMP considers a project to be of "significant impact ". Therefore, this petition is consistent with Policies 5.1 and 5.2. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies 2.4.1 and 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) HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 2 of 9 Agenda Item No. 3A February 13. 2007 Rage 3 of ; 51 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. 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 the policies contained in the Transportation Element and in the Conservation and Coastal Management Element of the GMP. 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 upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.13.5 of the Land Development Code 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 "). A summary of staff's findings are as follows: Transportation Review: Transportation Planning Department staff has reviewed the petition and the PUD document that accompanies the request and recommends approval subject to the Transportation commitments contained in the PUD document. Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns and recommends approval subject to the environmental commitments contained in the PUD document. Utility Review: The Utilities Division staff has reviewed the petition, noting that this PUD is located within the Collier County Water /Sewer District, and is subject to application for and conditions associated with a Water /Sewer Availability Letter from the Collier County Utilities Division. Zoning Review: Zoning staff has reviewed this petition and believes the proposed residential uses are consistent with the GMP as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with and complementary to the surrounding land uses. Development standards, such as building heights, HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 3 of 9 Aget -ida !tem No. 8A February 13. 2007 Page 4 of 151 setbacks, landscape buffers, potential building mass, building location, orientation, and the amount and type of open space and location of that open space are considerations of compatibility as well. As illustrated in the aerial photograph, the surrounding zoning discussion of this staff report, and the Master Plan, west of this site, across Livingston Road, are single- family residential uses within a PUD zoning designation. North of the site is the Collier County Regional Park. To the east, are single- family and multi - family residential uses within a PUD zoning designation. To the south, the land is developed with single - family residential uses, consistent with the PUD zoning designation. The proposed residential development is compatible with the surrounding land use pattern. The internal design of the proposed master plan, access points, and project buffers are consistent with the LDC. The maximum proposed height on the east portion of the project depicted as "R1" on the PUD master plan, adjacent to Wilshire Lakes, is 40 feet, not to exceed 3 habitable stories; and a maximum of 70 feet on the west portion of the PUD, depicted as "R2" in the PUD master plan, not to exceed 4 habitable stories. The PUD document includes a commitment to install an 8 -foot tall wall, landscaped on both sides of the wall, along the east property line, adjacent to Wilshire Lakes PUD, prior to vertical construction adjacent to "Lake 2" depicted on the PUD Master Plan. Deviation Discussion: The petitioner is seeking approval of a deviation from Land Development Code (LDC) Section 6.06.02., which requires 5 foot sidewalks on both sides of a street. The deviations are limited to occur on two portions of the proposed roadway system. One portion located at the entrance drive to the project, from the property line to the recreation parcel shown on the master plan; and the other portion along the access road to the easternmost portion of the site, depicted as "R1" in the PUD master plan. Staff has analyzed the deviation request and does not object to the concept proposed in this deviation. The petitioner indicates that the alternative design is justified to allow a gradual grade from the proposed grade of the driveway to the adjacent upland preserve located on the west portion of the project. The petitioner also maintains that the alternative design, given the scale of the project on the east portion of the project, will provide safe pedestrian movements and will diminish the impact on the preserves. County Transportation Planning staff has reviewed this deviation and recommends that it be approved. 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 10.02.13 of the LDC. These evaluations are completed as separate documents that are attached as exhibits "A" and "B" of the Staff Report. A summary of the findings that contain staff's evaluation of the pros and cons of the project in relation to the findings, are noted below: HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 4 of 9 Agenda irerri No.: A - ebruary 13, '1007 Page 5 of 15A 1. Compatibility. The suitability of the area for the type of pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage sewer, water, and other utilities. Pro: a. There are no significantly impacted roadway segments (greater than 3% of the roadway service volume) by the proposed development. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element of the GMP. b. The RPUD document notes that a maximum of 2.96 units per acre is proposed for the subject site, which is below 7 units per acre that the GMP allows within this Residential Sub - district. c. The site is located where it has access to Livingston Road. County water and sewer are presently available to the site and the new development shall be subject to application for and conditions associated with a Water /Sewer Availability Letter from the Collier County Utilities Division. Drainage will be required to comply with all applicable codes. Con: As with all land use actions that intensify urban development patterns, there is some loss to travel time for users of the same arterial road system. Summary findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. 2. Unified Control. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements of 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. Pro: The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. Con • None. Summary findings: Documents submitted with the application provide evidence of unified control. The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Compatibility with existing surroundings. The internal and external compatibility �. of proposed uses, which conditions may include restrictions on locations of improvements, restrictions on design, and buffering and screening requirements. HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 5 of 9 Agenda Item No. 3A February 13, 2007 Pace n of 151 Pro: Staff analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. Con: None. Summary findings: The RPUD document includes provisions to buffer the project from adjacent properties including a wall along the east property line to shield the proposed development from the existing Wilshire Lakes. 4. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: Recommended mitigation actions in the RPUD document and conditions of approval will help offset any potential adverse influences on the surrounding properties. Con: The proposed project could cause increased noise and traffic impacts on the nearby residential uses. However, due to the proposed landscape, preserve areas and wall along the east portion of the property, the proposed RPUD should not adversely impact the adjacent properties. Summary findings: The proposed will not adversely influence living conditions in the neighborhood because of the development standards included in the RPUD document and the recommended conditions of approval have been promulgated and designed to lessen the amount of adverse impact on adjacent and nearby developments. 5. 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. Pro: a. The proposed RPUD request is consistent with the traffic circulation element. b. The subject property has access to the arterial road network over which traffic from the RPUD development will draw and defuse traffic. Con: a. As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law, this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. b. In the short run, construction traffic made necessary for development may be inconvenient to local residents. Summary findings: Evaluation of this project takes into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP, which was found HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 6 of 9 Agerida Iten-; No. 3.A February 13, 20G7 Pane 7 of 151 consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally, certain traffic management system improvements are required as a condition of approval, as part of the RPUD document, and subject to the Concurrency Management System. 6. Whether the change is out of scale with the needs of the neighborhood or the County. Pro: The project is designed in a manner that is compatible with surrounding properties, both in size and scale Con: None Summary findings: The subject RPUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 7. 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. Pro: The proposed project proposes to maintain 14.23 acres of wetlands; 14 acres of required County preserve; 0.23 acres of SFWMD preserve; and 1.21 acres of upland " preserve areas. The development standards contained in the proposed RPUD would also maintain the existing natural flow way systems for water management. Con: Redevelopment of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary findings: The subject site would have to be re- developed in order to make the property usable for any range of proposed uses. .AFFORDABLE HOUSING IMPACT: A $1,000 per unit affordable housing donation has been offered to be paid by the applicant at the time of Certificate Occupancy (CO) of each unit as a credit of any future adopted linkage fee. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required meeting on April 24, 2006 at 5:30 p.m. at the North Naples Baptist Church, 1811 Oakes Boulevard. The first NIM was held on April 7, 2005 with then project planner for the County, Mike Bosi. Due to the addition of ten acres to the project, it was decided that an additional NIM needed to be held to apprise the surrounding property owners' of the change. Eight persons other than the applicant's team and county staff attended. The majority of those present identified themselves as property owners in Wilshire Lakes. Of those who spoke, no one stated opposition to the proposed rezone and development. Several people asked questions and had comments. The applicant's team answered on behalf of the HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 7 of 9 Agenda Item No. 8A February 18. 2007 Page 8 of 1-,7,l developer and offered the following: • Construction is to begin mid to late 2007. • An 18 unit condominium with a maximum height of 70 feet (40 feet for the buildings proposed to the east of the project) and a clubhouse are planned for the western half of the property. 0 The estimated market price points for the units are between $800,000 - $1,000,000. 0 An 8 -foot masonry wall will be constructed between Wilshire Lakes and the subject project. • 5 bridge structures that are 20 feet wide are proposed along the E/W drive for water drainage /flow way. • The PUD will be gated with access from Livingston Road. • Mr. Vamadoe assured property owners from Wilshire Lakes that there are no changes to the original conceptual plan for the eastern part of the property adjacent to Wilshire Lakes. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition at their November 1, 2006 meeting and unanimously recommended approval (8 -0) of the subject petition subject to the inclusion of staff's recommended condition to obtain an Environmental Resource Permit from the South Florida Water Management District prior to issuance of any site plan approvals and with the sidewalk deviation because of the small number of proposed units and the environmentally sensitive nature of the site. PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the Hamilton Greens RPUD rezone at the January 18, 2007 meeting. The CCPC voted 8 to 1 to forward this petition to the BCC with a recommendation of approval including the following deviations: 1. That sidewalks be installed on only one side of two portions of the roads: the one that is proposed at the entrance drive to the project, from the property line to the recreation parcel shown on the Master Plan; and the other portion of the road along the access road to the easternmost portion of the site, depicted as "Rl" in the PUD Master Plan. 2. That a 8 -foot tall wall be built along the east side of the project with landscaping on both sides of the wall. The landscaping is to be similar to the landscape as it was first installed along the "Estuary" development that is located off Golden Gate Parkway, 3. That cul -de -sacs be allowed to be more than the maximum 1000 -foot in length that is restricted in the LDC. The CCPC also included the following conditions: 1. That the maximum actual height be limited to 50 feet in the RI tract and to 75 feet in the R2 tract depicted in the RPUD master plan. HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 8 of 9 Agenda Item No. 3A February 13, 2307 Page 9 of 151 2. That a $1,000 per unit affordable housing donation be made by the applicant at closing as a credit of any linkage fee. 3. Strike all the redundant LDC language in the RPUD document. Commissioner Lindy Adelstein had the dissenting vote citing that there is no special need for the 75 -foot actual building height proposed in the R2 tract. Since this petition did not received unanimous approval, it is not being placed on the Summary Agenda. STAFF RECOMMENDATION: Staff has determined that the petition request is consistent with the goals, policies and objectives of the GMP; that the proposed use is compatible with existing surrounding uses; and that the RPUD document includes provisions and limitations that make the proposed development compatible with surrounding properties and would lessen the impact on nearby developments. Furthermore, staff does not oppose the proposed deviations contained in RPUD document. Based on the results of the evaluation of this petition request and the criteria upon which a favorable determination must be based, staff recommends that the Collier County Board of County Commissioners (BCC) approve petition PUDZ- 2004 -AR -6810 with the limitations contained in the RPUD document and Master Plan. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 9 of 9 riC)Ef1C�� iE'fr'. NO. �A ' 0,07 COLLIER COUNTY BOARD OF COUNTY COMMdSSIONEP.S Item Number: SN Item Summary: Thss itEr- r�clinres teat au participants be sworn it ann ex pane disclasury be provided ny Comm sslori members PI-DZ- 2004- fAR -681C. Livwcstor Greens- LLC. represented by eJrge _. 'darnacoe o` C hefty. nass�dorro "All SOr. 6 ,1Dnnson, LLP requeS no approval Cl a rezone fro.r the r.gr cJlture (A) Zoninn o str of to Vte Resioential Planned Unit Development (RF >UG .using distract for a paject to be known as rtamilton Greens PPUC. Tne subject pror)erty, cons:snng of 25.68 acres, iS located o r the east side of Livingston Road.. approxirnately 314 of a mile north of Varderbds Deach Road. in Seclioc 31, Township 48 South. ",arge 26 East, Collier County Flonaa. Meeting Date: 2/1312067 9 00.00 i;M Prepared By Carolina Valera Urban Design Planner Date Community Development & Envirenmental Services Zoning & Land Development Review V2612007 4:39:57 PM Approved By Marione MI. Student Stirling Assistant County Attorney Date County Attorney County Attorney Office V2912007 1.24 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. V29!2007 6:04 PM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 1!3012007 8:47 AM Environmental Services Approved By Susan Murray. AICP Zoning & Land Development Director Date Community Development & Zoning & !.and Development Review, 113112007 3:12 PM Environmental Services Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 1/3112007 4:28 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Aamm. 2 %112007 3.25 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Developrnent & Environmental Services Environmental Services Admin. 2N;2007 9:42 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Sol-vices Admm- 271/2007 10:23 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2112007 4:19 PM .Approved By Marl: Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 215;2007 458 AM Approved By James V. Mudd County Manager Date Board of County Cenvnissioners ,5;2007 11:20 AV, 2f1u it ii No. ORDINANCE NO. 07- F°,b,ua,1 '31 t 20 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMMENDLG ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE IJNINCORPORA'I'ED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HE'REI'N DESCRIBED REAL PROPERTY FROM THE AGRICULTURE {A) ZONING DISTRICT -1'0 THE RESIDENTIAL PLANNI?D UNIT DEVELOPMENT (RPLII)) ZONING DISTRICT KNOWN AS HAMILTON GREENS RPUD LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF -+-29.68 ACRES; AND BY PROVIDING AN EFI'p:C1'] VE DATE. WHEREAS, Patrick D. Cunningham of Houston Cuozzo Group, Inc. and George L. Varnadoe of Clieffy, Passidomo, Nilson, & Jolnzson, LLP., representing Livingston Greens, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT OILDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECT'L ' ONF.: The zoning classification of the herein described real property located in Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A) to "RI'UD" Residential Planned Unit Development in accordance with the Livingston Greens RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is'arc hereby amended accordingly. SECTION TWQ- 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency �(1 Marjorie rM. Student - Stirling Assistant County Attorney FU± Z- 2004- AR -Ga10 11 BY; JIM COLETTA, CHAIRMAN Aoenda Item No. 3A ebruary 13. 2007 Page 12 of 151 HAMILTON GREENS U RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE HAMILTON GREENS, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LIVINGSTON GREENS, LLC PREPARED BY: HOUSTON CUOZZO GROUP, INC. 2400 SE FEDERAL HIGHWAY SUITE 310 STUART, FLORIDA 34994 MR. GEORGE L. VARNADOE, ESQ. CHEFFY PASSIDOMO WILSON & JOHNSON LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 DATE REVIEWED BY CCPC January 18, 2007 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT A Agenda Items No. 3A February 13, 2007 Page 13 of 151 TABLE OF CONTENTS page LIST OF EXHIBITS AND TABLES ii STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP & DESCRIPTION 1 -1 through 1 -3 SECTION ONE PROJECT DEVELOPMENT REQUIREMENTS 2 -1 through 2 -4 SECTION TWO SECTION THREE RESIDENTIAL DEVELOPMENT AREA 3 -1 through 3 -4 SECTION FOUR CONSERVATION /PRESERVE AREA 4 -1 through 4 -1 SECTION FIVE DEVELOPMENT COMMITMENTS 5 -1 through 5 -3 SECTION SIX RPUD REGULATION DEVIATIONS 6 -1 through 6 -1 7 -1 through 7 -5 SECTION SEVEN APPENDIX page i LIST OF EXHIBITS AND TABLES EXHIBITS EXHIBIT 1 BOUNDARY SURVEY EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP EXHIBIT 3 LOCATION MAP EXHIBIT 4 RPUD MASTER PLAN Agenda Item Iva. SA February 13, 2007 Page 14 of 151 7 -1 7 -2 7 -4 7 -5 page ii L, if- rn n-�rn No. 8.4 bruary 13, `007 Page 15" of 151 STATEMENT OF COMPLIANCE The development of approximately 29.68 acres of property in Collier County, as a Residential Planned Unit Development to be known as HAMILTON GREENS RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). HAMILTON GREENS RPUD is a residential project, with associated recreational uses that will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the FLUE. 3. The project development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.G of the FLUE. 4. The projected density of 2.96 D.U.'s per acre is in compliance with the FLUE of GMP. 5. A complete range of services and utilities as approved by the County will serve the project. 6. The Residential Planned Unit Development includes open spaces and natural features, which are preserved from future development in order to enhance their natural functions and to serve as project amenities, which furthers the objectives of Policy 3.1.b of the FLUE. page iii SECTION ONE PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 8A February 13, 2007 Page 16 of 1-51 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 HAMILTON GREENS RPUD. 1.2 LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Legal Description Of Survev As Furnished To Survevor The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing 2.30 acres, more or less, and The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 1.29 acres, more or less, and The North 30' of the West 3/ of the North % of the South '/2 of the Northwest quarter of the Northwest quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres, more or less, and The West '/2 of the North 1/2 of the South Y2 of the Northwest Quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30', reserved for public right -of -way, containing 4.40 acres, more or less, and The East one -half (1/2) of the East one -half (1/2) of the North one -half (1/2) of the South one -half (1/2) of the Northwest one quarter (1/4) of the Northwest one quarter (1/4) of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and The South '/2 of the South '/2 of the Northwest quarter of the Northwest quarter of Section 31; Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less. Legal Description Of Survey As Re- Written For Brevity The Northwest '/ of the Northwest '/< of the Northwest '/ of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest '/ of the Southeast '/ of the Northwest '/ of the Northwest '/ of Section 31, Township 48 South , Range 26 East, and The North Y2 of the Southwest' /< of the Northwest 1/4 of the Northwest'/ of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and page 1- 1 I _ I. abruary 2007 Page ',7 of 151 The Northeast '/4 of the Southeast '/ of the Northwest '/ of the Northwest '/ of Section 31, Township 48 South, Range 26 East The South '/2 of the South '/2 of the Northwest quarter of the Northwest Quarter of Section 31, Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29.68 acres more or less. See Exhibit A ": Boundary Survey— (See Section 7: Appendix, page 7 -1) 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Livingston Greens, LLC 222 South U.S. Highway One, Suite 209 Tequesta, Florida 33469 See Exhibit "B ". Affidavit of Unified Ownership — (See Section 7: Appendix, page 7 -2) 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4800 feet north of the Livingston Road /Vanderbilt Beach Road intersection.) Vehicular access from Livingston Road to the west acts as the entrance into the community, while the parcel is bordered to the north and south by undeveloped lands consisting primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier County). The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East. See Exhibit "C ": Location Map — (See Section 7: Appendix, page 7 -3) B. The zoning classification of the subject property prior to the date of this approved RPUD Document was A: Agriculture. 1.5 PHYSICAL DESCRIPTION The project will be divided into two separate water management basins. Between the basins is an existing flow -way that coveys stormwater from the lands north of the HAMILTON GREENS RPUD including the North Naples Regional Park. The proposed improvement to the HAMILTON GREENS RPUD will not encroach into the flow -way. The two basins will discharge into the existing flow -way that travels northeast to southwest through Wilshire Pines (a community within Wilshire Lakes) and the HAMILTON GREENS RPUD. The discharge into the flow -way will have little effect on the drainage patterns and water levels in the surrounding areas. This flow -way handles stormwater from the areas north of Wilshire Pines and stormwater discharged from the North Naples Regional Park. The project also maintains existing flow conditions in the northwest by preserving the hydric pine flatwoods located in the northwest corner of the site. This preserve is located outside the water management area allowing the natural flow of stormwater traveling from north of Livingston Lakes through the on -site preserves of North Naples Regional Park from being disrupted. Stormwater from these areas will cross Livingston Road and enter the surface water management system for Tiburon development. The eventual outfall is the Cocohatchee Canal The site is bordered by a conservation easement to the north, a second conservation easement area and single - family homes to the east, a third conservation area to the south, and Livingston page 1- 2 Aaenda Item No. 8A February 13, 20-7 Page 18 of 151 Road to the west. The vegetative communities on -site consist of upland pine flatwoods, wetland pine flatwoods, cypress wetlands, and existing cleared areas. Varying degrees of exotic infestation are present within the native habitats on the property. The proposed project has been designed to preserve the majority of the wetlands on -site forming a connection between the existing off -site conservation areas to the northeast and south. 1.6 PROJECT DESCRIPTION A. Purpose and Intent The design guidelines for the HAMILTON GREENS RPUD have been established to ensure an overall quality of design throughout the planned community, with the flexibility to achieve an appropriate and harmonious variety in physical development. These design guidelines set forth the minimum standards to be utilized for the planning and design of the individual development parcels and are intended to supplement the existing development regulations of Collier County, Florida and other regulatory authorities. B. Implementation All land included in the residential tracts of the HAMILTON GREENS RPUD shall be subject to a Declaration of Restrictions and Covenants, which shall provide, among other things, formation of a single master property owners' association and automatic membership in the master association by any party holding title to any portion of the property. Build -out of the HAMILTON GREENS RPUD Master Plan is expected to require approximately five (5) years to complete. The developer reserves the right under this development order to modify any of the design criteria established, and to add housing types, subject to approval of a Master Plan modification, pursuant to applicable provisions of the Land Development Code (LDC). The HAMILTON GREENS RPUD community is envisioned as a compact, compatible residential community, comprised of 29.68 acres. Approximately 1.0 acre of the community will be devoted to active recreation uses, as well as various passive recreation uses, such as paths and elevated boardwalks, to serve the residents of the community. The following major elements of the project site are located within the proposed Master Plan: • Significant contiguous areas of wetlands and upland vegetation. • The creation and utilization of surface water lakes for stormwater retention. • The main entrance to the community is from Livingston Road, a publicly dedicated right -of -way. Additionally, the site contains approximately 13.65 acres of wetland preserves, 1.79 acres of upland preserves, and 1.97 acres of lakes. C. Density The number of proposed homes is eighty -eight (88) residential units for a total gross density of 2.96 units per acre (du /ac). 1.7 SHORT TITLE This Ordinance shall be known and cited as the "HAMILTON GREENS RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE." page 1- 3 2.1 2.2 2.3 SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS PURPOSE ,uerl�!a item ir`Jo. 3'A ; e "ruary 13. 2007 page 1. 9 of .51 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. GENERAL A. Regulations for development of the HAMILTON GREENS RPUD shall be in accordance with the contents of this PUD Ordinance and applicable sections and parts of the LDC (to the extent they are not inconsistent with this RPUD Ordinance) and GMP in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements, such as but not limited to, final subdivision plat, final site development plan (SDP), excavation permit and preliminary work authorization. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is 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. 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 "D ", PUD Master Development Plan (Section 7: Appendix). There shall be seven (7) residential land use tracts, plus necessary water management lakes, street rights -of -way, and natural features, the general configuration of which is also illustrated by Exhibit "D ". The Master Plan is conceptual, and the location, size and configuration of the recreational area, water management features, and development tracts shall be determined at the time of final SDP and/or preliminary subdivision plat approval, in accordance with the appropriate sections of the LDC. TABLE 1 PROJECT LAND USE /SITE DATA Tract R -1, R -2, SU TYPE Multi Family DEVELOPMENT PARCELS (less lakes) WETLAND PRESERVES UPLAND PRESERVES LAKES ROADS /ROW UNITS :: 9.08 Acres 13.65 Acres 1.79 Acres 1.97 Acres 3.19 Acres 29.68 TOTAL ACRES ACREAGE 9.08 ACRES B. Areas illustrated as lakes by Exhibit "D" 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, lakes and intermittent wet and dry areas shall he in the page 2 - 1 Agenda item No. SA February 13, 2007 Page 20 of 151 same general configuration and contain the same general acreage as shown by Exhibit "D ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of preliminary subdivision plat or SDP approval, subject to the provisions of the LDC or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown in Exhibit "D ", such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various tracts, excluding preserve areas, as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of eighty -eight (88) residential multi - family units shall be constructed in the total project area. The gross project area acreage devoted to residential purposes is 29.68 acres. The gross project density, therefore, will be a maximum of 2.96 units per acre. This RPUD Document and Master Plan provide for various housing structure types to be built on residentially designated tracts, therefore all housing structures are required to characterize the initial development of platted tract to be carried throughout the development of that entire tract. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The provisions of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said provision, prior to the issuance of a building permit or other development order. B. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with applicable provisions of the LDC, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. C. Utility, road, public, private, easements shall be established as required during the SDP and /or plat approval process. D. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes /model home centers including sales center (maximum number) shall be permitted in conjunction with the promotion of the development subject to the following: A. One "dry" structure (3 model units) may be constructed following plat approval, prior to recording of a plat. B. The models permitted as "dry models" shall obtain a conditional certificate of occupancy for model purposes only. C. Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the HAMILTON GREENS RPUD subject to applicable requirements of the LDC. page 2 - 2 rebruary 13'. 21007 F:)ge _21 of 151 2.7 ASSOCIATION OF PROPERTY OWNERS' FOR COMMON AREA MAINTENANCE 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 property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC. Common area maintenance will be provided by a master property owners' association to be created by the developer. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and preserves serving the HAMILTON GREENS RPUD, in accordance with the provisions of this RPUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.8 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS A. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the HAMILTON GREENS RPUD boundary after subdivision plat or SDP approval. All such areas shall be included in a landscape buffer easement on final plats, or in a separate recorded instrument. B. There is a commitment for an eight (8) foot wall, landscaped on both sides, along the east property line, adjacent to Wilshire Lakes, to be installed prior to vertical construction adjacent to Lake 2 identified on the RPUD Master Plan. 2.9 DESIGN GUIDELINES AND STANDARDS The HAMILTON GREENS RPUD is planned as a private, functionally interrelated community under unified control, to be developed over an extended time period. The developer will establish community -wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities which include items such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berets and other similar facilities. The developer will achieve the above objectives by means of recorded covenants, conditions, and restrictions. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the HAMILTON GREENS RPUD except in the Preserve. General permitted uses tie those uses, which generally serve the developer and residents of the HAMILTON GREENS 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 LDC effective at the time of RPUD approval. 2 Water management facilities and related structures. page 2 - 3 Agenda Item No. 3,A February 13, 2007 Page 22 of 151 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Neighborhood parks, recreational facilities and community centers. 6. Landscape features such as landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this RPUD or pertinent sections of the LDC. 7. Temporary Fill Storage. 8. Benches, gazebos, and open space uses. 9. Recreational facilities that serve as an integral part of the residential development and have been designated, reviewed and approved on a SDP or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, care - takers units, and access control structures, which shall have no required setback. 2. Setback from property lines — Twenty -five feet (25'). 3. Minimum distance between principal structures, which are part of an architecturally unified grouping — One half the building height. 2.11 OPEN SPACES REQUIREMENTS The RPUD Master Plan identifies approximately 17.4 acres included in the Landscape /Open Space, Lakes and Preserve designations, as well as approximately 2.6 acres of open space cumulatively within the residential tracts. These areas satisfy the open space requirements of the LDC. 2.12 SIDEWALKS /BIKEPATHS A. Pursuant to the LDC, sidewalks /bike paths shall be permitted as follows: 1. An internal pedestrian walkway system shall be permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way, when located within a separate sidewalk easement or on a SDP. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. page 2 - 4 SECTION THREE RESIDENTIAL DEVELOPMENT AREA 3.1 PURPOSE ebruary 3, 2007 The purpose of this Section is to identify specific development standards for areas designated on Exhibit "D ", the RPUD Master Plan, as "R" Residential. (See Section 7: Appendix) 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted in the entire RPUD is eighty -eight (88) multi- family units. The property contains a gross acreage of 29.68 acres and based on a density of less than four (4) dwelling units per gross acre, the RPUD provides for a density of 2.96 units per acre. Distribution of the dwelling units in the residential areas is not predetermined, and may occur as authorized by the SDP approval process. 3.3 GENERAL DESCRIPTION R -1, R -2, and SU designations on the Master Plan are designed to accommodate multi - family residential dwelling units, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. Final tract configuration and actual acreages of all development tracts shall be provided at the time of SDP or preliminary subdivision plat approvals in accordance with the LDC. Residential tracts shall be designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 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. Multi- family dwellings. 2. Townhouses. 3. Garden apartments. 4. Care -taker units. B. Accessory Uses: 1. Customary accessory uses and structures, including private garages. 2. Common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. 3. Recreational facilities that serve as an integral part of the residential development and have been designated, reviewed and approved on a SDP or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 4. Recreational facilities and amenities for use by residents of the residential tracts. page 3 -1 Agenda Item No. SA February 13; 2007 Page 24 of 151 3.5 DEVELOPMENT STANDARDS (See Table 2) A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided for by this Document, or except as authorized by the SDP approval process. (See Table 2: Development Standards) 1. Table 2 sets forth the development standards for land uses within the "R" Residential District. 2. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the LDC in effect at the time of SDP or plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3.6 SPECIAL USE (non- residential uses) A. Gatehouse /Guardhouse /Access Control Structure /Care -taker Unit: 1. Gatehouses /guardhouses may be located on any private roadway within the HAMILTON GREENS RPUD. Individual communities or subdivisions within the project may provide gated entrances to restrict access to residents and their guests. Such gatehouses which may be manned or secured by control devices such as card entry, shall be located and designed to ensure safe and convenient traffic flow, and to provide unimpeded access by emergency service vehicles. 2. Details of the design of any gatehouse or guardhouse shall be submitted with an application for SDP approval for individual residential tracts. B. Recreation: The HAMILTON GREENS RPUD Master Plan envisions a complete living environment, providing a variety of recreational facilities and amenities to meet the needs of its residents. 2. There will be a clubhouse facility centrally located within the community. The clubhouse will be for the use of the residents of the entire residential community, offering a pool, spa, fitness center and a community meeting room. The clubhouse will be designed consistent with the architectural theme and quality of the overall community. 3. As part of the clubhouse/ pool facility, a maximum number of twelve (12) cabanas are to be utilized by residents of the community. These cabanas are not to exceed three hundred (300) square feet in size. 4. Development of the clubhouse, as well as all other common recreation facilities, shall be subject to SDP approval by the County. 3.7 RESIDENTIAL AND SPECIAL USE SETBACKS General Application For Setbacks: Setbacks are relative to a measurement between the buildings and a lot line and /or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application: page 3 - 2 e ,uary 13. 2D07 F -`ae 2 5, of 151 A. Front Yard: Front yard setbacks shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4. When principal buildings front upon a public or private right -of -way or non - platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however when the parking structure faces the street, a parking apron of at least twenty -three (23) feet shall separate the enclosed parking space from the back of the sidewalk when on a public or private right -of -way or non - platted drive. B. Interior Yards (Not Adjacent any Right -of -Way or Other Private Drive or Adjacent Open Space Area) 1. The setback of principal structures from an interior lot/parcel /tract boundary shall not be less than ten (10) feet. TABLE 2 DEVELOPMENT STANDARDS Notes: All distances are in feet unless otherwise noted. 1. sf' indicates "square footage" "BH" indicates "building height" "SBH" indicates "sum of the building heights" Setbacks are measured from lot lines, tract boundaries or public or private streets. 1. This setback shall not violate the required 20 -foot lake maintenance easement. 2. Front yards shall be measured as per Section 3.7 of this RPUD Document. page 3 - 3 Minimum Separation Max. Yard Setbacks between Height m a> y — _� 0O o 3 0 y �_ to N a O m a� x s LL m U- ., C "` a) ` C a� O U y to C Q o C fn p`, Q O U Use LL w N Q R1 23 15 10 0.5 BH 0.5 SBH 10 40 50 1500 sf Principal a' Structure 23 R2 (2) 15 10 0.5 BH 0.5 SBH 10 70 75 1500 sf b Accessory 10 5 10 0.5 BH 10 10 15 15 n/a Structure (3) C. Special SU 10 10 10 10 0.5 SBH 10 45 50 1500 sf Use (4) Notes: All distances are in feet unless otherwise noted. 1. sf' indicates "square footage" "BH" indicates "building height" "SBH" indicates "sum of the building heights" Setbacks are measured from lot lines, tract boundaries or public or private streets. 1. This setback shall not violate the required 20 -foot lake maintenance easement. 2. Front yards shall be measured as per Section 3.7 of this RPUD Document. page 3 - 3 Agenda Item No. 5A February 13, 2007 Page 20 of 151 3. Accessory uses such as any authorized recreational amenity (i.e. pool decks, spas, landscape features, cabanas, etc.) may be located within zero (0') feet of a structure. 4. All setbacks for the guardhouse /gatehouse /caretaker unit shall be zero (0) feet from any adjacent roadway or structure. 5. The building height will be measured and defined as per the LDC in effect on the date of RPUD approval. 3.8 PRIVATE ROADWAY STANDARDS A. Private streets shall conform to the right -of -way width requirements of Construction Standard Manual except as follows: 1. Cul -de -sac and local streets less than one thousand feet (1,000) in length shall be required to have two (2) ten foot (10') wide travel lanes. 2. All local streets shall be required to have a minimum forty feet (40') right -of -way and two ten foot (10') wide travel lanes. 3. Cul -de -sacs may exceed a length of one thousand feet (1,000). 4. Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets, and a fifty (50) foot radius for intersections at the project entrance. 5. Tangents shall not be required between reverse curves on any project streets. page 3 - 4 SECTION FOUR CONSERVATION /PRESERVE AREA 4.1 PURPOSE gerj a item No. vA ` � fn i J . 2007 iJ ri..i c"3 `-�� Page 27 of 151 The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in their natural state, as well as identify permitted uses and development standards for areas within the HAMILTON GREENS RPUD designated on the Master Plan as Preserve. 4.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of residents. 4.3 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, subject to regional state and federal permits when required. Any clearing for these uses will not impact the minimum required vegetation: A. Principal Uses: 1. Open spaces /nature preserves. 2. Passive recreational areas, boardwalks, and recreational shelters. 3. Biking, hiking, and pervious nature trails. 4. Water management structures. 4.4 GENERAL NOTES A. Buffers shall be provided around all wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places, and averaging twenty -five (25') feet from the landward edge of wetlands. Where natural upland buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit and the LDC. page 4 - 1 SECTION FIVE DEVELOPMENT COMMITMENTS 5.1 PURPOSE Agenda item Rio. 3A ebruary 13, 2007 Page 28 of 151 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 final SDP, final subdivision plans 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 the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the RPUD 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 in title is bound by commitments within this Document. 5.3. RPUD MASTER PLAN A. Exhibit "D ", RPUD Master Plan (See Section 7: Appendix) illustrates the proposed development and is conceptual in nature. Proposed tract, 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 SDP application. Subject to the provisions 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 service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the HAMILTON GREENS RPUD project is expected to occur in calendar year 2007 - 2008. Construction is expected to be concluded by no later than calendar year 2012. This RPUD shall be subject to the sunset provisions of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to the LDC. 5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE /REGULATIONS A. The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the LDC. B. Sidewalks shall be permitted on one (1) side of the roadway when adjacent to preserve areas with limited access areas or single loaded residential roadways. C. All local streets shall be required to have a minimum forty feet (40') right -of -way and two ten I oot (10" wide travel lanes. page 5 - 1 ryeYl is Berri f, C. Y ".3 2 7 page 29 c 15'. D. Cul -de -sacs may exceed a length of one thousand feet (1,000). E. Fence or wall maximum height: Eight feet (8'), as measured from the finished grade of the ground at the base of the fence or wall. 5.6. AFFORDABLE HOUSING The applicant wishes to cooperate with Collier County to address affordable housing impacts associated with the project. Applicant, or its successor in interest, will make a financial contribution to Collier County in the amount of $1.000 per dwelling unit constructed in the project. Each contribution shall be payable within seven days of closing on each residential unit. Said contribution shall be a credit against and offset by that amount any requirement to pay an affordable or workforce housing fee that may be adopted by Collier County in the future. 5.7 LANDSCAPING The applicant will provide landscaping on both sides of an eight (8) foot wall, along the east property line, adjacent to Wilshire Lakes, to be installed prior to vertical construction adjacent to Lake 2 identified on the RPUD Master Plan. This landscaping will be similar in nature to the landscaping (as installed) associated with the Estuary portion of the Grey Oaks DRI along Golden Gate Parkway. 5.8 DECORATIVE PAVING The applicant will provide decorative paving on both ends of the roadway extending to the easternmost portion of the site. This decorative paving material will act as a traffic calming device. 5.9 TRANSPORTATION The development of this RPUD Master 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 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. 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 issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access 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. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingreS3 and egress to this rnrnjort ac rictermined by Collier County, shall not be eligible for _g. page 5 - 2 Agenda Item No. SA February 13, 2007 Page 30 of 151 impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with the transportation section of the County's consolidated impact fee ordinance and the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a rght -of -way permit. G. 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. 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. H. 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. I. 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. J. If any required turn lane improvement requires the use of an 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. K. 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. 5.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 5.11 POLLING PLACES Pursuant to the LDC provisions shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners' associations, or tenants associations. This agreement shall provide for said community recreation /public building /public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. page 5 - 3 gen, a Item No. 'A. Fein .'ary 13.. 2007 Paae of 101 SECTION SIX RPUD REGULATION DEVIATIONS A. Within the HAMILTON GREENS RPUD, a seven (7) foot and five (5) foot concrete sidewalk is designed for one (1) side of the local street instead of the required two (2) sides. These deviations occur in two (2) specific locations within the community as follows: Entrance Drive. The seven foot (7') sidewalk is located along one side (south) of the entrance drive from the property line to the recreation parcel. At that point, a pedestrian crosswalk provides access to a five foot (5') sidewalk that is adjacent to both sides of the local street, throughout the remainder of the western portion of the property. If a second sidewalk was required, a retaining wall along the north side of the entire driveway would be required. Foregoing a sidewalk along the north side of the entrance drive allows for an easier and natural transition from the proposed grade of the driveway, to the adjacent upland preserve area, thus minimizing the overall environmental impact of the site. Additionally, since HAMILTON GREENS is a gated community, a single pedestrian controlled access point into the community is a logical design solution. Access towards Lake #2. The five foot (5) sidewalk is located along south side of the access drive servicing the easternmost portion of the site (towards Lake #2). The cross - section local street is designed to minimize the overall environmental impact, utilizing an existing unimproved roadway to the easternmost portion of the site. This local street services twelve (12) proposed units, therefore the anticipated pedestrian traffic by the residents is low. If an additional five foot (5') sidewalk is required along the north side of the local street in this area, the adjacent preserve areas to the south, as well as the off -site preserve area to the north, would be impacted greater than the proposed configuration. B. Within the HAMILTON GREENS RPUD, the proposed cul -de -sac roadways extend beyond the maximum one thousand (1000) feet in length. This is to service the easternmost portion of the site (towards Lake #2) while minimizing the overall environmental impact of the development. If the maximum length of the cul -de -sac is limited to one thousand (1000) feet, access to this portion of the site would be impossible. C. Within the HAMILTON GREENS RPUD, the proposed wall height is a maximum of eight (8) feet along the eastern property line (adjacent to Lake #2). This is the height of the wall described, presented and committed to during the two (2) NIM meetings. The creation of this wall, along with the proposed landscaping will minimize the impact on the adjacent land owners in Wilshire Lakes. page 6 - 1 EXHIBIT 1 BOUNDARY SURVEY F7777 121 V2 ? ir O LL > L < c, Agenda item No. 8A February 13. 2007 Page 32 of 151 ----------- page 7 - 1 page 7 - 1 =ape; a item No. f: e:,-Ua�y 13, 20 Pa,e 33 of 151 EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP COVENANT OF UNIFIED CONTROI, 'I he undcisi ,tied do hoi chy swear or affirm that they are the fee simple titleholders and owners of record o9' property commonly known as _Livim,ston Greens 11111) 222 So [;.S IIi <ghway 1, Ste. 2f)9,' CgLIcsta, FI, 33469 (Street address and City, Slain and Zip Code) and leeally described in Fxhibit A attached hereto. The pmoperty described herein is the subject of an application for planned unit development (11 I,D) zoning. We hurhy cicsifmatc C_corm- l_. Vai.n_idoe. list uiI rc arrd Patrick Cunningham, legal representatives thereof. as the legal rcprescntatires of the propern and as such, these individuals arc authorized to lcpaIly bind all owncrs of the plopur,+ in the course of scel <ims the necessary approvals to develop. This authoruy includes, but is not limited to, the briar, and uuthorirutiun of apcnts to assist in the preparation of applications, plans, surveys, and studies ncces.sary to obtain zonin approval on the site. These icpiesentutives Hill remain file only entity to authorize dcvelopntent activity on the property until such time as it rtcw or amended covenant of unified com of is delivered to Collier County. The undersigned recognize the following and will he !zuuled accordingly in file pursuit of devehrpntent of the ill ljcct: I, The property will he developed and used in conformity with the approved master plan including all conditions placed on the clevelopmont and all commitments agreed to by the applicant in connection with the planned unit devclopntcnt rezoning. 2. "file legal rcpres --motive identified herein is rc <.ponsible 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 of in part, unless and until a new m ,Intended cm maul of unified control is dclivcrcd to and recorded by Collie] County. 3. n departure from the provisions of the approval plans or a fluilurc to comply with arty requirements, conditions, of safeguards provided for in the planned unit dcvclopment process will constitute a violation of the land Ucvciopmcni Cndc. 4. All terms and conditions of the planned unit d::velopmenl approval twill be incorporated into covenants and restrictions which null with the land so as to provide notice to subsequent owners that all devclopntcnt activity within the plonncd unit dcvclopment must he consistent kvith those tcrnts and condivons. S. So long as this covenant is in forcc, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit cicvclopmcnt, 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 plauned unit devclopntcnt and the County ntay stop ongoing construction activity until the project is brought into compliance with all tcrnts. conditions and safeguards of the planned unit development. LIVIN6S1"ON ORPIA'S, EEC 13 t•: Richard P- licllin_tcr, lviana ;-201 STATE OF FLORIDA) MI IN FY OF Mf-, .i +) PA.m tat ?yc.1 {_ Swut'n to (ot al 1irmcd) :,nil subscrihed before me titis ,;� 3 - -- day of _, -00 v by Jet` b-',,I j 0' j;r' ( Jtitr~ _rr __ who is pcisonally known to me or has produced I.J ``(istt 0 k � h 41��'• '�ts�bn FkA ;,�' • .� Jury 26.2008 • it • •� SD03wi 75 .r�6lJC•5iA�0�� Notary public (Name typed printed or stampl(d) -- (Ser1a1 Nuntbcr. ifany) page 7 - 2 Agenda Item No. 8-A February 13, 2007 Page 34 of 151 EXHIBIT '2 -A' (For Covenant Of Unified Control) LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Leaal Description Of Survey As Furnished To Surveyor The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing 2.30 acres, more or less, and The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 1.29 acres, more or less, and The North 30' of the West 3/ of the North '/2 of the South '/2 of the Northwest quarter of the Northwest quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres, more or less, and The West '/2 of the North '/2 of the South '/2 of the Northwest Quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30', reserved for public right -of -way, containing 4.40 acres, more or less, and The East one -half (1/2) of the East one -half (1/2) of the North one -half (1/2) of the South one -half (1/2) of the Northwest one quarter (1/4) of the Northwest one quarter (1/4) of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and The South '/2 of the South '/2 of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less. Legal Description Of Survey As Re- Written For Brevity The Northwest'/ of the Northwest'/ of the Northwest'/ of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest'/ of the Southeast' /4 of the Northwest 1/4 of the Northwest' /4 of Section 31, Township 48 South , Range 26 East, and The North '/Z of the Southwest '/ of the Northwest '/ of the Northwest '/ of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and The Northeast'/ of the Southeast'/ of the Northwest'/ of the Northwest'/ of Section 31, Township 48 South, Range 26 East The South '/2 of the South '/2 of the Northwest quarter of the Northwest Quarter of Section 31, Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29.68 acres ._ more or less. page 7 - 3 Aoe"1 -a ifem ND. SA 'BCD 07 Page 5 of " � I EXHIBIT 3 LOCATION MAP The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4800 feet north of the Livingston Road /Vanderbilt Beach Road intersection.) Vehicular access from Livingston Road to the west acts as the entrance into the community, while the parcel is bordered to the north and south by undeveloped lands consisting primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier County). The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East. See Location Map - (below) _ KING GFOR,GE LA `F �f r aI l .i_. �• ?;� {/' Q A� _ ��; I �� NENP L RRtf `^ .`J '� - 11 IAM CT { I P. f1 \'Tfil .y + ' ;s�i. w� ^. tir,FT_ I II r .aI r Lace oa Jy it r ERN „!F I LLIB_ �y � y�� , �� �. J.: l it y 10 aI P ;r LA r I l l,- rT"Y ra_SEPl-E V✓'Y § a7 r1R t t UNA d7- r z� ttiTltV x'21 P? PM RLLL W 'I a >I� � l MOt$9�T t rvY� S' v O R." '.. /'•�,fR a.' I i 1 ,, -.d ys / C L� � ^✓'`? _ i 236 LJ• --�1 , )SHALwLO4� ' g T— _L . Ti t- J c a Lr el - I ( }T r ( I� DE LA 'J' ) \ PELICAN MARSH R Vr, j�' ED OF plc ��1� ��36 ,fiAtL "i;r;'E 31 cn ae: C 11 WIFLS.HLMr, E L/ \/� DERSIL6 __! _13F-AC -RD_ 3S otiI 1 e .StE^L � "fO _stir BLVD , r tH(l:lT \c� - °4 i w S... J I� ti ALK i4 r` '� CA �1 �s� Q' tt1�!57 VOL, p "I'M a mar �C I °i � � ToteP :V 4—PPt'"CIIA C, A L- page 7 - 4 Agenda item No, 8A 7ebruary 13, 20107 Page 36 of 151 EXHIBIT 4 RPUD MASTER PLAN .7- Ueld jeisen an&l ll� Ol 4! lqunoo ja!ll 00 ik4 a ndU SU98JE) U011!W8H Lm x loi 7v ... Lu it .. ... ..... .7- ll� Ol 4! ik4 0. ... ........ 7v ... ....... it .. ... ..... 14 Fit ... q m cu F, 1, � :"I- 0 1 Cl) Twt -h 611 gE f 0. ... ........ ... ....... .. ... ..... 14 F, 1, � :"I- 0 1 Cl) Twt -h 611 gE f F, 1, � :"I- 0 1 Cl) Twt -h 611 gE it CD - ry 'Woo . . . . . . . . . . . . . . . . . A �4 i Z' - Will a c M, E CL 0 I page 7 - 5 .. ... ..... . . ..... ... q it CD - ry 'Woo . . . . . . . . . . . . . . . . . A �4 i Z' - Will a c M, E CL 0 I page 7 - 5 -,penca item No. EA v-i Sry 3, 2007 ^clod 37 of ^vj Co per County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 4, 2007 SUBJECT: PETITION PUDZ - 2004 -AR -6810: HAMILTON GREENS RPUD APPLICANT: AGENTS: Livingston Greens, LLC Patrick D. Cunningham 222 South U.S. Highway One Huoston Cuozzo Group, Inc. Suite 209 2400 SE Federal Highway, Suite 310 Tequesta, FL 33469 Stuart, FL 34994 George L. Varnadoe, Esq. Cheffy Passidomo Wilson & Johnson, LLP 2400 SE Federal Highway, Suite 310 Stuart, FL 34994 REOUESTED ACTION: To have the Collier County Planning Commission (CCPQ consider an application to rezone the subject site from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as Hamilton Greens RPUD. The PUD document proposes up to 88 residential units for an overall density of 2.96 units per acre. GEOGRAPHIC LOCATION: The subject property, consisting of ±29.68 acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page). HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 1 of 9 Agenda Item No. 8A February 13; 2007 Page 38 of 151 HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 2 of 9 r (D Z z 0 N 04 0 0 a: ppy i. ti ip f �� . €i a•ramuJ i 4 M Ir � z llq -- rybr a5a5 Y i Al El MI OOI i- OM0:i61� HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 2 of 9 r (D Z z 0 N 04 0 0 a: c Ei item lJo.�BA • ✓b,u Cary 13. 20,37 paae 2�9 of 151 PURPOSE /DESCRIPTION OF PROJECT: The proposed RPUD, if approved, will allow development of a multi - family residential project that features recreational facilities and amenities intended for the use of the residents of the proposed project. The PUD document indicates that the project will be accessed from Livingston Road. Several preserves are shown on the Master Plan along with water management lakes. 13.6 acres of jurisdictional wetlands, which represents 98 percent of the existing amount wetlands, are proposed to be preserved as part of the project. Additionally, 47 percent of the overall site's native preservation will be retained within the two proposed preserves that total 14.1 acres. The petitioner is seeking approval of a deviation from Land Development Code (LDC) Section 6.06.02., which requires 5 foot sidewalks on both sides of a street. The deviations are limited to occur on two portions of the proposed roadway system. One portion located at the entrance drive to the project, from the property line to the recreation parcel shown on the master plan; and the other portion along the access road to the easternmost portion of the site, depicted as "R1" in the master plan. SURROUNDING LAND USE AND ZONING: North: Collier Regional Park, Agricultural (A) zoned property (CU 03 -187). East: Wilshire Lakes PUD, residential PUD. South: Pelican Marsh PUD, mixed use PUD West: Livingston Road and then Pelican Marsh PUD, mixed use PUD. HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 3 of 9 5 a I I �♦ "ME PIE'S , � SUBJECT! I= I NIR: �L• 4C 0..L - ----- -L.�..---- -� na+w. S�•�� �- [LCM LW.E SATE �y gyp; 9 PROPERTY I® ,• _ _ -� 4_ -_ i a ♦ • r • • ry 11 � �•L3 I 11 0 , I yy � lv 1-- •i�, I x � v f z.M Nufr J. it 11 . . � I ♦ J EXCERPT FROM ZONING MAP HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 3 of 9 5 a Agenda item No. 8A February 13.. 2007 Page 40 of 151 AERIAL PHOTO GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed -Use District, Urban Residential Sub - district) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Sub - district permits residential development (variety of unit types) at a base density of 4 DU /A. This district is intended to accommodate a variety of residential and non- residential uses, including mixed -use developments such as Planned Unit Developments. Since the initial review of this PUD, the Northwest Transportation Concurrency Management Area (TCMA) has been created and incorporated into the Transportation Element of the Growth Management Plan. There is a potential to allow increased density up to three additional units per acre if certain transportation demand management strategies are utilized (see FLUE Policy 6.3). Review of the Density Rating System deems this project is eligible for a base density of 4 DU /A. The property is within the TCMA and has a potential for increased density of up to 3 DU/A. However, the applicant has not requested this density bonus. HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 4 of 9 Agenda Item No. 8A February 13, 2007 Page 41 of 151 Base Density 4 du /a TCMA Density Bonus 3 Total Potential Eligible Density 7 du /a Based upon the above analysis, staff concludes the proposed density of 2.96 units per acre and uses for the subject site can be deemed consistent with Future Land Use Element. Transportation Element: Transportation staff has reviewed this petition's traffic study 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. "Project traffic that is less than 1 percent of the adopted peak hour service volume represents a de minimis impact." The proposed 88 residential units in the Hamilton Greens RPUD projects 69 peak hour trips and 736 trips on a daily basis. The Trip Generation projects an impact of 0.62 percent peak hour trips between Vanderbilt Beach Road and the project's entrance, and 0.75 percent between the project's entrance and Immokalee Road. There are no roadway segments impacted above 3.0 percent by the proposed development. Therefore, this petition is consistent with Policies 5.1 and 5.2. 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 62.6, required preservation areas are identified on the PUD master plan. 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 HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 5 of 9 Agenda Item Cho. 8A February 13, 2007 Page 42 of 151 property's future land use designation as indicated previously in the GMP discussion. The proposed rezone is also consistent with the Policies contained in the Transportation Element and in the Conservation and Coastal Management Element of the GMP. 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 upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.B.5 of the Land Development Code 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 "). Transportation Review: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request and recommends approval subject to the Transportation commitments contained in the PUD document. " Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns and recommends approval subject to the environmental 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 Water /Sewer District, and is subject to application for and conditions associated with a Water /Sewer Availability Letter from the Collier County Utilities Division. Zoning Review: Zoning staff has reviewed this petition and believes the proposed residential uses are consistent with the GMP as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with and complementary to the surrounding land uses. Development standards, such as building heights, setbacks, landscape buffers, potential building mass, building location, orientation, and the amount and type of open space and location of that open space are considerations of compatibility as well. As illustrated in the aerial photograph, the surrounding zoning discussion of this staff report, and the Master Plan, west of this site, across Livingston Road, are single - family residential uses within a PUD zoning designation. North of the site is the Collier County Regional Park. To the east, are single- family and multi- family residential uses within a PUD zoning designation. To the south, the land is developed with single- family residential uses, consistent with the PUD zoning designation. The proposed residential development is compatible with the surrounding land use pattern. The internal design of the proposed master plan, access points, and project buffers are consistent with the LDC. The maximum proposed height on the east portion of the project depicted as "R1" on the PUD master plan, adjacent to Wilshire Lakes, is 40 feet, not to exceed 3 habitable stories; and a maximum of 70 feet on the HAMILTON GREENS RPUD, PUDZ - 2004 -AR -6810 Page 6 of 9 2007 Pag -e 4 31 01 1 S 1 west portion of the PUD, depicted as "R2" in the PUD master plan, not to exceed 4 habitable stories. The PUD document includes a commitment to install an 8 -foot tall wall, landscaped on both sides of the wall, along the east property line, adjacent to Wilshire Lakes PUD, prior to vertical construction adjacent to "Lake 2" depicted on the PUD Master Plan. Deviation Discussion: The petitioner is seeking approval of a deviation from Land Development Code (LDC) Section 6.06.02. which requires 5 foot sidewalks on both sides of a street. The deviations are limited to occur on two portions of the proposed roadway system. One portion located at the entrance drive to the project, from the property line to the recreation parcel shown on the master plan; and the other portion along the access road to the easternmost portion of the site, depicted as "R1" in the PUD master plan. Staff has analyzed the deviation request and does not object to the concept proposed in this deviation. The petitioner indicates that the alternative design is justified to allow a gradual grade from the proposed grade of the driveway to the adjacent upland preserve located on the west portion of the project. The petitioner also maintains that the alternative design, given the scale of the project on the east portion of the project, will provide safe pedestrian movements; and it will diminish the impact on the preserves. County Transportation Planning staff has reviewed this deviation and recommends that it be approved. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required meeting on April 24, 2006 at 5:30 p.m. at the North Naples Baptist Church, 1811 Oakes Boulevard. The first NIM was held on April 7, 2005 with then project planner for the county, Mike Bosi. Due to the addition of ten acres to the project, it was decided that an additional NIM be held to apprise the surrounding property owners' of the change. Eight persons other than the applicant's team and county staff attended. The majority of those present identified themselves as property owners in Wilshire Lakes. Of those who spoke, no one stated opposition to the proposed rezone and development. Several people asked questions and had comments. The applicant's team answered on behalf of the developer the following: 1. Construction to begin mid to late 2007 2. An 18 unit condominium Lakehouse of a maximum height of 70 feet (40 feet for all other buildings) and a clubhouse are planned for the western half of the property 3. The estimated market price points for the units are between $800,000- 1,000,000 4. An 8 -foot masonry wall will be constructed between Wilshire Lakes and our project 5. We're providing 5 bridge structures 20 feet wide along the E;'W drive for water drainage /flow way 6. The PUD will be gated with access from Livingston Road 7. Mr. Varnadoe assured property owners from Wilshire Lakes that there are no changes to the original conceptual plan for the eastern part of the property adjacent to Wilshire Lakes. Synopsis provided by Linda Bedtelyon, Community Planning Coordinator. EAC RECOMMENDATION: HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 7 of 9 Agenda Item No. 8A February 13, 2007 Page 44 of 151 The Environmental Advisory Council heard this petition in their November 1st, 2006 meeting and unanimously recommended approval (8 -0) of the subject petition subject to the inclusion of staff's recommended condition to obtain an Environmental Resource Permit from the South Florida Water Management District prior to issuance of any site plan approvals and with the sidewalk deviation because of the small number of proposed units and the environmentally sensitive nature of the site. STAFF RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ - 2004 -AR -6810 to the Board of County Commissioners with a recommendation of approval for the rezoning request from Agricultural to RPUD zoning designation. HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 8 of 9 Uury DC''7 a 15 151 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOVI'S, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 9 of 9 Aaeiida Item No. SA February 131, 2007 Page 46 of 151 REZONE FINDINGS PETITION PUDZ- 2004 -AR -6810 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. Pro: The Comprehensive Planning Department has reviewed the proposed PUD amendment and has found the petition consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) offering a recommendation that this petition be found consistent with-the overall GMP. Con: None. Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use F.,lement (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives-and policies of the GMP. 2. The existing land use pattern. . y Pro: This project will be consistent with the existing and proposed land use patterns as explained in the staff report. Con: None. Findings: Staff believes that the proposed amount of residential units will not create any negative impacts to surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro /Con: Evaluation not applicable. Findings: The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts.. It is also compatible with existing land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change, Pro /Con: Evaluation not applicable. Findings: The PUD district boundaries are logically drawn and they are consistent with the Urban (Urban Mixed-Use. District, Urban Residential Sub - district) designation of the FLUM in the GMP. EXHIBIT A !teiii Flo. 8A k)r,;ar;, "3, 20C17 R` a a e 4 J c?1 n J 1 S. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed change-is not necessary; it is being requested in compliance with the LDC allowances to seek such changes. Con: None Findings: The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The development standards contained in the PUD document are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed change is approved. Con: The proposed sidewalk deviation will diminish the overall pedestrian pathway system of the overall project. Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval should ensure the least amount of adverse impact on adjacent and nearby developments. 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. Pro: The proposed amount of residential units renders the PUD compatible with the Traffic Circulation Element. Con: None. Findings: The proposed PUD will not excessively increase the present traffic congestion. S. Whether the proposed change will create a drainage problem. Pro: The project will be required to comply with the requirements of the Collier County Land Development Code (LDC) as part of the Site Development Plan (SDP) approval from Collier County Government. Drainage problems should not be created when construction is done in accordance with County permits. Con: Urban intensification could potentially increase area -wide flooding in a severe rainfall event. EXHIBIT A Agenda Stem No. SA February 13, 2007 Page 4,3 of 161 Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub — surface drainage generated by developmental activities, 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro /Con: Evaluation not applicable. Findings: 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 he subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro /Con: Evaluation not applicable. Findings: Property valuation is affected by a host of factors including zoning, however zoning by itself may or 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 may or 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. Pro /Con: Evaluation not applicable. Findings: 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. Pro /Con: Evaluation not applicable. Findings: The proposed rezone to PUD complies with the Urban (Urban Mixed -Use District, Urban Residential Sub - district) designation of 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. 1.3. Whether there are, substantial reasons why the property cannot be used in accordance with existing zoning. Pro /Con: Evaluation not applicable. EXHIBIT A .AaQri�a Item No. SA ,7eb-uary 13, 2007 Page 49 cf 151 Findings: The property is currently used in compliance with the existing zoning, which is A; this petition seeks only to amend that zoning designation. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro /Con: Evaluation not applicable. Findings: The proposed PUD amendment 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, as further limited in the PUD document. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable. Findings: As noted above, this site is the subject of a specific GMP Sub - district. That Sub- district was designed to accommodate. the specific needs of that area of the 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. Pro /Con: Evaluation not applicable. Findings: While site conditions may restrict the number, 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. Pro /Con: Evaluation not applicable. Findings: A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and. they have 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. . EXHIBIT A Agenda Item No, 8A February 13, 2007 Page 50 of 151 FINDINGS FOR PUD PUDZ- 2004 -AR -6810 Section 10.02.133.5 of the LDC 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. Pro: The proposed number of residential dwelling units renders the proposed PUD suitable as far as future traffic impact and drainage on surrounding areas. Con: The additional number of traffic generated by the proposed development may result in a negative perception by the surrounding property owners. Findings: The site is located where it has access to.Livingston Road, and the traffic that this project is expected to generate will not have a significant impact on the LOS standard service volume. An existing water flow way is proposed to be preserved. 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. Pro /Con; Evaluation not applicable. Findings: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for the 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). Pro /Con. Evaluation not applicable. Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. 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. Pro: The proposed density of 2.96 units per acre is below.the eligible amount of 7 units per acre allowed for the subject site. EXHIBIT B Age rnua !teiT, No, SA i=ebniary '3, 25,07 Page 51 0f 15 1 Con: Any intensification may be perceived as a increased impact on the road network as well as on the utilities. Findings: 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. Pro /Con: Evaluation not applicable. Findings; 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. Pro /Con: Evaluation not applicable. Findings: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD 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. Pro /Con: Evaluation not applicable. Findings: 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 at the time of SDP approval. 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. Pro /Con; Evaluation not applicable. Findings: This criterion essentially requires an evaluation of the extent to which development standards and deviations 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 except for the sidewalk deviations in two locations of the PUD. . EXHIBIT B Collier County, Florida 4 2ND RE- SIJBMIF ,,Va Item No. SA PUI)Z- 2004- AR- 681.bruary 13. 2007 PROJECT 420040400fiag0 52 of 151 SECTION 8 DATE: 3/29/06 PRE- APPLICATION NOTESIMINUTES HEIDI WILLIAMS PRE-APPLICATION MEETING NOTES Z PUD Rezone ❑ PUD to PUD Rezone j - i- O `� ' Date: Firm; Project Name: Applicant Name: >�rgJr \% .. :off Phone, ZL 0 � Owner Name Owner Address: Phone: AJcefi/yng Attendees: Planner: A" , ir Lcl, I(t /'��i.. �t St•t:_ Submittal Requirements (refer to application for additional requirements) 24 Copies of the following: ® Completed Application Q . Pre- application Meeting Notes (y� Conceptual Site Plan 24X 36" and One 8' %.X 11" copy PUD document and Master Plan 2 Copies of the following: Deeds/L.egals & Survey (if boundary of original Pt3D is amended) List identifying Owner & ail parties of corporation Owner /Agent Affidavit signed & notarized Completed Addressing Checklist 4 Copies of the following: Environmental Impact Statement (EIS) orwaiver ® Historical Survey or-waiver request ® Utility Provisions Statement w /sketches [] Architectural rendering of proposed structures [] Architectural Review required Survey, signed & sealed _ Seven (7) Traffic Impact Statement (TIS) or waiver t r?; Gdnaern.'i -t Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' R One (]) Electronic copy of all documents in Word format and plans (CDRom or Diskette) 7-1t�d� Fees: Application Fee: $10,000 +$25 per acre (plus Property Owner Notification fees) N $8,000 amendment $130.00 Fire Code Review $2,25o.o0 Comprehensive Planning Consistency Review S500.00 Pre - application fee (to be oredited toward application fee if submitted within 9 months of pre- application meeting. 5681.00 Legal Advertising Fee for CCPC mcoting (to be reconciled upon receipt of invoice from ?Maples Daily Naws). ® $205.00 Legal Advertising Fee for BCC meeting $1600,00 Environmental Impact Statement review fee * Property Owner Notifications 51.00 Non- cerltried; $3.00 Cerr Jfed return recefpr inall ( to be paid after receipt of invoice from Dept, of Zoning & Development Revicw _ Fee 'rotal s Section 8 Pre - Application NotestMinutes Page 1 of 2 Collier County, Florida Oran ^ fta t..a, vA = eL-uary 13. 2007 Meeting Notes PaZI e 5, 3 of 151 �tii�ri A t- Ac�r�/� s,P Cnl1��� Sir�L,)A I /tis 7S. ;f ALFA j"(L�-F + S �5 — /lJ,, Olt Alo >J°,4G� /n�C-? or�ITn 7;cfC /E'ad b5 .�1p ��lZ• T{1C -" � �°CPTlt71�J ��� 'Tru,� ZZ� tN-V-Hcm lIJFD Ie .) 1 ee HC-rl - A-i-Fp- 1- "Subk(,i ?lt Queers � /t -L A72L�t✓e--r7f,(0 - &-,Q ��e --L-PC 2,7 -2-3.S-- Yl c�UC C,r�l'�t — c)� /5y�{ c• C 4� Rtr�1.�le{ S[ accC��� nC.� fG� [t}r l: -�S -U C, 1i Cl..� I Vr !.�• -C �C.�.�fAr",. �rk�^� ii'�h ..^r Cn_I.i_� G���•- :s�G�f�i r� rv.�'r- o.���r,�.�.� oi�n tv�el�t��ci rrt �///v!Ij c�4c•c �.I,�u -��(- _ • 7,���1.,' . e tit i � � �y+}•�1' s GACurrenikPre -App forms4PUD pre- app.dac Revised October 15, 20D3 Section 8 Pre- Appiication Notes /Minutes Page2of2 HOUSTON CUOZZO November 8, 2004 Via hand delivery Agenda Item No. S'A February 13, 2007 735 COLORAI70,%F , 951 SUITE 7 STUART, FLORIDA 34994 (772) 223 -2128 FAX (772) 221 -0788 Mr. Joseph Schmitt, Director Collier County Community Development Department of Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, Florida 34104 NC.G Ref#; 4089 Re, PUD Re- zoning Application Livingston Greens PUD Community Collier County, Florida Dear Mr. Schmitt, We are pleased to submit twenty -four (24) copies of the enclosed PUD Re- zoning Application for the Livingston Greens Master Plan Community on behalf of Livingston Greens, LLC. The PUD Master Plan is a practical and sensitive design vision that meets the Collier County's goals for development in the urban area. The plan has been prepared to the stringent demands of design within the existing natural environment, with significant preservation and enhancement of natural areas on this infill parcel. Livingston Greens is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road. This residential PUD consists of approximately 19.56 acres with a density of less than four (4) units per acre, Working with members of the Collier County staff has proved to be extremely helpful in preparing this submittal, and we look forward to continue this working relationship in the review of this community. We are excited about this community and consider it a positive addition to the Collier County. If you have any questions, or need additional information regarding this application, please do not hesitate to contact our office. Thanking you in advance for your consideration of this project. Respectfully, Patrick D, Cunningham Senior Project Manager pdcl Attachment: PUD fie- zoning Application PUD Document Electronic version of PUD on disk Supplemental Documentation as required by Collier County cc: Project TeamlData (following page) LAND PLANNING • LANDSCAPE ARCHI'T'ECTURE • PROJECT COORDINATION U0V$RNEMLNT AFFAIRS a STRATEGIC PLANNING Dower �,uunry, rionoa ( /":L..villJq ILGfiI l`V. 11 -"'S' February 13, 2007 SECTION 18 Page 55 of 151 ADDRESSING CHECKLIST P.iesse complete the following -and submit to the Addressing Section fix Review, riot all.xtezns wM =P . to cv groiqgt.. Iterus in hold ry0 azb nuimcd, A;gail descriptloa of subject pmporty oT pwpemes (copy of lengthy descripfion maybe attached) S_ ee e_hrd Exhibit , °A,•' �cu 1 � � ?..J� �.� j�2.� � 7 U d 3'�r �� 2 it obo (Property [D) number(a) of above (attach to, or associate with, legal dwaiptioft. fmore tl an oi4) S.oattaahed Exhitiit "A" b b; q `T �� d o r> 1 Z Cy D i(iS�s2_Q 1 D D ;~D �' D- c>o4�ona5 T �? D. npr� 0C> 3, Street address .Dr adiizcsaes (as applicable, if already assigned) �e_attxched Exhibit "A" ,;;acatiott snap, shovyir exact lercation ofprojeatlaite in relatxcm to.neaceatpuFic road-zigbt df -aid, q�atrach) 5:1 Copy of survey (NEEDED ONLY E'M.UNPLATTED PROPERTIF3S .. ;Qroposeti project name (if applicable) Not.MyIicable 7.. Proposed Street names (f appiscdbI,t) i �2�at A:ntslicable- , :0, Sxte'DeWelopmcrit Plan Ntwhbcr (FOR EXlSTING`P 0J13CTSlSr0S't3�•Y) ;SDI? 9; `P etidfiu Type - (Complctn.a scparaiie Addfessing- Chec%list fbr wch P,edi on', M (] ST. I> (Site Davelppnment Flan) ZPPL (plant & Flat Rz6ety) E 'SDFA (SDF Amonldmestt). L7 PSG .(kt eliz�iinary.3ub3z vtstori Pia 0 SDPI (SDP lrtaubstsntial Chugej D F? (Final Plat) ;D SIP .(Site bmprovement plan) d LLA (Lot Tine Adjustment), to SIPA (SIP. Amcmdment) o BL (Blasting Po=it) ZJ SNR (Stxect:I atne Chaagc) 0 ROW (Right- of•Waypertaioll D vegetatioTVE1 otic (Veg. Removal Pcsmits) 0 FXP (Excavation Poraxi , x T.at &MO i?atition (Variance, Conditional Usp, d V. FP (Vog. Lemon ito, I 'aruxi,)' Bwit.Dock Ex't., Rezonr, PUD rezmp, vtc;) L7 Otlxes - Describe: I.D. Pro)' cet or developr6mt names proposed for, or afire -&dy.appesring:in ,eondominiubx doc.mnoats (if:� �piica�ie. I nd%cate whether proposed or existing) ._Not ppliaalile I 1,Tlease Check One:\ ecidist is to be FaxcrT Bank O Per On lly Picked. Vp 12 AppiicalatNatno Phone 261.9 40 Fax 2 1 -97 13 Signature on Addresst ecklist.doos not; constitute Project and/or Streoct Ntuno`aVraval and is si bjcni:to: - fuxter review by the A essing Section. FOR STAFF USE ONLY - - PrirnaryN•umbex /_L1 $q,_ Address Number LL q AAddrws Number {9 Address Ntmiber I� to _ Apprcycdby. 3 /i?1sXEt r Date S-64 2ND RE- SUBMITTAL PUDZ - 2004 -AK -6810 PROJECT 42004040025 DATE: 3/29/06 HEIDI WILLIAMS Section 18 01 })er Requirements Page 1 of 13 Collier County, Florida Aaenda Item Info. 3A February 13, 2007 Page 5c; of 151 Exhibit "A" FOLIO NUMBERS AND LEGAL DESCRIPTIONS 1. FOLIO #0099972000 — PROPERTY ADDRESS: NO SITE ADDRESS 31 48 26 NW' /4 OF NW' /4 OF NW %. LESS W 30 FT, E 30 FT, S30 FT, & N 30 FT 2. FOLIO 400200800000 — PROPERTY ADDRESS: NO SITE ADDRESS 31 48 26 W' /z OF N' /2OFS1 /2 OF NW %OF NW %4LESSW &N 30 FT 4.34 AC OR 2048 PG 455 3. FOLIO 00202600004— PROPERTY ADDRESS: NO SITE ADDRESS 31 48 26 NW % OF SE' /4 OF NW % OF NW 1/4, LESS N 30 FT RAN 2,27 AC 4. FOLIO #00200760001 — PROPERTY ADDRESS: 6800 MARIA DE LA LUZ BLVD 31 48 26 E% OF N '/ OF S 1/20F N W '/4 OF NW '/4 5. FOLIO #00200960005 — PROPERTY ADDRESS, NO SITE ADDRESS 31 48 26 S' /z OF S' /z OF NW Y4 OF NW 1/4 section I u Other Requirements Page 2 of 13 Collier County, Florida y 4,,oeny is !Lem No ".A r v y 2007 P a o e 5,7 o 1 etai]s Page 1 of 1 Current Ownership Folio No.11 00199720000 .,M Property Address NO SITE ADDRESS Legal S 26 NW114 OF NW114 OF 14 LESS W 30FT, E 30FT, S T, & N.30FT 2003 Final Tax Roll Values. Latest dales History Beta Book • Pape Amount D1 !'1890 � 9499 �'I�¢3 $A.OD SOH ='Save Our Homaa' ukerapt value due;to cap on assessment increases: The Information is Updated Weckly. Section 18 Other Requirements Page 3 of 13 _ Section Township Range Acres Map No. Strap No. 31 46 a 26 6.26 3B31 __j 462631007.ODD31331 'Sues No. MIDane Arn -t Mlilaae �q use Code 60 AGRICULTURAL A7 13,12441 2003 Final Tax Roll Values. Latest dales History Beta Book • Pape Amount D1 !'1890 � 9499 �'I�¢3 $A.OD SOH ='Save Our Homaa' ukerapt value due;to cap on assessment increases: The Information is Updated Weckly. Section 18 Other Requirements Page 3 of 13 Collier County, Florida Aaenca Item No. SA February 13. 2007 Page 53 of 101 'Details Page 1 of t c Current Ownership —Folio No. 00200800000 W;P, Property Addre .s NO SITE ADDRESS owner Name ROSENMAN, HARRY Addresses MICHAEL ROSENMAN Amount ALICE MCNEES£ 145 LAKE DESTINY TRL Clt ALTAMONTE SPG State FL Zlp 32714 •3458 Legal 131 48 26 W02 OF N112 OF $112 _ OF NW114 OF NWIM LESS W 8 N 30 FT 4.34 AC OR 2048 PG 455 ,For more than four Ilr of t e al pesarlpfion glonse callthe PropurS Appralser's Office. Sub No. 1D0 f�lltPA 30 AGRICULTURAL 47 13.1244 2003 Final Tax moll Values Latest Sales History Land Value 5195;300.60 Dete Book Page Amount (+ }.Improved Value I-) Market Value $0.00 $'195,300.06 04/1995 0911993 30�Ati.5" U.67--j-323 S 80,000.DO $ O.OD (•} SON Exempt Value S 194,$44.00 1 0111993 1787 -A72 $ 76,000.00 {�) Assessed Value S 456A0 ( -) Homestead and other Exempt Value 5 0.00 ( *} Taxable Value S 45fi.00 SOH+ `Save Our Homes' exempt value oue to cap on.essessmeni increases. Section 18 Other Requirements Page 4 of 13 :Details Collier County, Florida PaenCu i �{ A t::T `V J. Gr-t t -eD,"J Iry 'i -. 2007 :71aqe g of ;,1 Current Ownership Folio N0. 00202600904 Mai, Property Address I NO SITE ADDRESS Page 1 of,1 Legal 31 48 26 NW114 OF SE114 OF NW114 OF NW114, LESS N 30FT RW 2.27 AC Section Township Range _ _ Acres Map No. Strap No, 31 48 26� 2.27 3831 48263107 00 003531 Sub No. 10D hllilape Arp M��qg r 'SLtf~Codc t0 AGRICULTURAL 47 13.t24d 2003 Final Tax Roll Values Latest Sales History Land Value S 102,150.00 Data Book - Page Amount (�} Improved Value $0.0I 07 t i99fi 1Q4 l ffi.20,040.00 ( ■) Market Value 5102,150.00 f -) SOH Exempt Value S 101,912.00 ( =) Assessed Value $238.00 -) Homestead and other Exempt Value $ 0.00 I ®) Taxable Value $ 238.00 SOH r `Save Our Homes' exempt value due to cap on asseasment tneraasos. Section 18 Other Requirements Page 5 of 13 Collier County, Florida A. enda Item No. SA February 13, 20107 Page 60 of 151 tl�etails Page I of I Current Ownership FoBa 4:0]100200760001 .ttap g Property Address 16800 MARIA DE LA LUZ E3LVD Owner Name I ST JOHN, KARLA Addressesll 875 10214D AVE N C1ty NAPLES Siate FL Zip 34108 -3218 LG 3aill 31 48 26 E112 OF E112 OF N112 OF 5112 OF NW114 OF NW114 Seot4on Township Range Acro5 Map No. Strap No. 31 -- 48 26 215 3[331 _. 482631026.00031331 Sub No: 1 D4 bi�1BSLB�Les1 Mom t tJss-0 Q11g 9B NON- AGRICU RAL ACREAGE 47 -� 13,1244 2003 Final Tax Roll Values Latest Sales History SOH : "Save Our Homes' exempt, value due'to cap on assessment Inareases. eA Data gook •Page Amount 0412000 2b@k 4 633 S 225,000.00 0412000 26151L_ 631 $0.00 1111996 S O.DO 0811986 j 2236 -130D $ O.DO 0811986 2296 •1294 S 127,000.06 The information is Updaled Weekly. Section 18 Other Requirements Page 6 of 13 Details Folio Nol00200960005 1��v1C Owner Name LADEWIG TR, LOWELL L Addtes5cs TAD 8/19193 JENNIE MAE BOLJESIK 5609 127TH 5T CityCRE57W000 77CO-11 31 48 26 S112 OF 5112 OF NW1l4 OF N'VJ1(4 Collier County, Floridayy Current Ownership erty Address I NO SITE ADORESS StalellIL enea Item No. E e.')fuciiy J. LVJ% Pa0e 6-1 of 51 Page 1 of 1 60445.1074 Sub No. 100 M111ana Oran Hft '6JAO&Qdq 0 VACANT RESIDENTIAL 47 2003 Final Tax Roll Values. Land Value (*)improved Value S 450,00000 S 0.00 I-) Market Value S 450,000.00 [ 1 SOH Exempt Value $0.00 (z1 Assessed Value- 77—M0,000-00 1•) Homestead and other Exempt Value S 0.00 ( =1 Taxable Value $45 1000.00 oun = -wave uur homes" exempl value due to cap art assessment Isirreases, J Latest Sales History Date Book - I Amount 0811997 2341 - 4j j 3 0 DO The tnformaltan IS Updated Weekly. Section 18 Other Requirements Page 7 of 13 Collier County, Florida V L.cie c4a I +e 7t No. �. e:)ruary 1 ,j, ?0107 7-Gae o! 151 This instrument prepared by: Daniel H.. Cox, Attorney at Law Post Office Drawer CC Can-abelle, FL 32322 (950) 697-5555 LIMITED POWER OF ATTORNEY This Limited Power of Attorney is madeby Alice McNeese, fWa Alice B. Rosenman, Harry Rosenman, Michael Rosonrrnan and Eleanor H. Rosenman, TTEE, F/13/O Eleanor 1-1. Rosenman, Trust U /T/D 12/20/89, RECITALS A. Alizcc MaNeese, Harry Rosenman and Michael Roserrtnan are the owners of the Northwest 1/4 of tho Southeast 1/4 of the Northwest 1/4 of the Northwest 114, less the North 30 feet thereof, Section 31, Township 48 South, Range 26 East, Collier County, Florida. E. Alice A4eNcese, Harry Rosenman and Michael Rosenman are also the owners of the West 1/7 of the North 1/2 of the South V, of'the Northwest 1/4 of the Northwest 1 /4, less the North 30 feet and the West 30 feet thereof,. Section 31, Township 48 South, Range 26 East, Collier County, Florida. C. Eleanor Fl. Rosenman, Trustee and Alice McNeese, f/t: /a Alice B. Rosenman arc the owners of the Northwest 114 of the Northwest 1/4 of the Northwest 1/4, less the North 30 feet and the West 30 feet and the East 30 feet and the South 30 feet thereof, Section 31, Townships 4$ South, Range 2,6 East, Collier County, Florida. D. Barry Rosenman is the owner of the East 30 feet and the South 30 feet of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1 /4, Section 3.1, Township 48 South, Range 26 East, Collier County, Florida. E. Collectively, the properties rcNrrcd to in Paragraphs A -D are hereinafter referred to as the "property" and the owners of the Property.arc referred to as the "Owners." F. The Owners have contracted to sale the Property to Devcon Development, LLC and Dcvcon Development, LLC has assignees the coaztracts to Livingston Greens, LLC, a Florida limited liability company. G. Livingston Greens, LLC has prepared to submit an application to change the zoning of tlue Property to a zoning category that will allow its intended use of the Property, and in the future as zoning approvals proceed, will prepare and file site plan applications with Collier County and pennit applications with various federal, state and local regulatory authorities. Section 18 Other Requirements Page 9 of 13 MPdAIt I VIN hKCtIVJ, Y-UU Collier County, Florida Agenda Item No. 8A February 13, 2007 Page 64 of 1�'::'1 H. Each of these applications require the signatures of the Owners before filing, THEREFORE, We the Owners hereby appoint Allen Rosenman, of 145 Lake Destiny Trai 1, Altamonte Springs, FL 32714, as our attorney in fact, for us in our name, place, and stead to do any and all acts and to execute any and all documents necessary to assist Livingston Greens, LLC in applying for and obtaining all approvals and permits required to develop the property, specifically including, but not limited to, all applications and submissions required by Collier County, the South Florida Water Management District, the Florida Department of Environmental Protection and the United States Army Corps of Engineers, We grant to our attorney in fact full power and authority to do and perform all and every act and thing requisite or proper to be done in the exercise of any of the rights and powers granted, as fully to all intents and purposes as we might or could do if personally present, with full power of substitution or revocation and with full authority to deal with the Property as authorized above, whether held by us individually or jointly with another, and we ratify and confirm all lawful acts done or caused to be done by our attorney in fact, or his substitute or substitutes, by virtue of the authority granted in this power of attorney. This instrument is to be construed and interpreted as a limited power of attorney to do the specific items, acts, rights, or powers specified herein. However, this appointment and the grant of authority herein shall be broadly .construed to affect, the intent hereof, and any doubt as to the authority of the attorney in fact to act on our behalf shall be resolved in favor of the attorney in .fact. It being the intent hereof that the attorney in fact shall have broad, full and complete authority to do all things necessary to submit application for and obtain the permits, zoning changes and other development rights necessaryto develop the property for its intended use as aresidential subdivision and related amenities. The rights, powers, and authority of our attorney in fact to exercise any and all of the rights and powers granted shall commence and be in full force and effect on the date this instrument is executed and such rights, powers, and authority shall remain in full force and effect from that date until written revocation of this power of attorney is recorded in the public records of Collier County, Florida, or the Property is sold, whichever is first to occur. This power of attorney shall be. durable and shall not be affected by any adjudication of incompetency or disability. All acts done by our attorney in fact pursuant to the power conferred during any period of incompetence or disability of any one oral] of us, shall have the same effect and inure to the benefit of and bind us or our heirs, devisees, and personal representatives, as if we were competent and not disabled. Signed and delivered on the dates indicated below Section 18 Other Requirements Page 10 of 13 InIVIIL 1 v11 F UU Collier County, Florida ca "Lem No_�A vb -uary 2QC7 Fade of � 5 1 The :stag, of Florida coutily of DULL_ The forcuoinn po,wel, daltorn-cy w is acknowled -t: jTm h- lbrq Ro=w-jan. lk, L gved bt;fo, is p3rnoluffly ICIIONw, to 11jr of p.I.()duu-j D}�,- b'r as 1"Icnifficarion. Ir .1 F I rl 1 1. �, � di. IlTint Na nie, 711MV L, IM f r1i -_- FrS P rill 1. 7 q am c Tht�� 71,f-at) (4:.C.Florida Coulity (if' 'S (".Jrqu n Notaly of Flovida Print, Muno Michael Rugenman T[w for4guing Wvar C.A.'al.orticy was aClCfL0Al)l_dgrd before nw, by 4idihel Rogmm1w. llt is perscuvilly hilown to 3-TIC, Or produced as ideniffication. (SEAL) Notary llublk,ftatc oflFlorid8 Print N21no, Section 18 Other Requirements Page 11 of 13 WITNESSES: Signaturp, Prini Name Si"nature M - Dr"rr, Prins Name Tliv Statu offloiridii ("011,gy Of nMlvllU 1 UN komr-MIN,), 1-ULi Collier County, Florida Agenda Item No. 8A February 13, 2007 Page 66 of 151 J Alice MoNcese, VkJa Alice 13. Rosanman Date: b 'fl)c.fdrtigoing,pDw6rof,ittc)rii,� walfi-Acknowl6dgpd y Rosenman. She ,J.is.peisvmdiy--kwwn to me or,rV (MAL) Y t:! ff 12.1 dv 151 ell VS Prins Marne j w'-z—,— Alicc-McNeest, f/fdaAlict Nota4 Piki-c-Sillft-of'Fiodda Print Name Date: as ide-nlifi calion. Section 18 Other Requirements Page 12 of 13 (11, Reowf . anitl The ,Stain arl"I(JI-id a Co-unty Of if) HAV,A1L I UN LjKEtNS, h'UD Collier County, Florida AzienQa !',jo. �A. 2'X-; 7 F, a g Z- 57 of "51 I'll-lanor 11. Roscranan, TFEE, F/B/0 Elcanor 1-1 Rosc-mman, Trust IY17D 12/20/89 The, f6legyoing.pmor of atbornoY was Watowledged befort ruc, by Elcarjor I-L-Romn.warl, She --as ide►ai:iEctvtion. (ST-M-) pit, Print Nainre 62" Spctlon 18 Other Requirements Page 13 of 13 Agenda Item No. 8A HAMILTON GREENS, PUD February 13, 2007 Collier County, Florida Page 68 of 151 SECTION 1 PUD REZONING APPLICATION 2ND RE- SUBMITTAL PUDZ- 2004 -AR -6810 PROJECT 42004040025 DATE: 3 /29/06 f�. HEIDI WILLIAMS APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE (PUDZ) ❑PUD 70 PUD REZONE (PUDZ -A) Petition No.: Planner Assigned: Date Received: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s): Applicant's Mailing Address: Applicant's Telephone # Fax #: Applicant's E -Mail Address: Name of Agent: Firm: Agent's Mailing Address: Agent's Telephone # Fax #: Agent's E -Mail Address: Name of Agent: Firm: Agent's Mailing Address: Agent's Telephone #: Fax #: Agent's E -Mail Address: Commission District: Livingston Greens, LLC 222 South U.S. Highway One, Suite 209 Tequesta, Florida 33469 561 .744.3341 561.744.3365 rbellinger @devcon.com Patrick D. Cunningham Houston Cuozzo Group, Inc. 2400 SE Federal Highway, Suite 310 Stuart, Florida 34994 772.221.2128 772.221.0788 pcunningham@hcgdesign.com George L. Varnadoe, Esq. Cheffy Passidomo Wilson & Johnson, Lip 821 Fifth Avenue South, Suite 201 Naples, Florida 33469 239.261.9300 239.261.9782 glvarnadoe @napleslaw.com Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association Mailing Address: Name of Master Association: Mallinq Address: Name of Civic Association: Mailing Address: Not Applicable Not Applicable Not Applicable Section 1 PUD Rezoning Application Page 1 of 6 HAMILTON GREENS, PUD Collier Countv. Florida Benda Item No. 3.4, _` bruary 13, 21307 Paa& F�G of 151 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. MOTE: 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: 31 Township: 48 S Range: 26 E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00199720000 00200800000 00202600004 00200760001 00200960005 00203042205 Metes & Bounds Description: (See Section 3: Legal Description) 4. Size of property: The subject property is an "L" shaped property. • approx. 661 linear ft. deep X approx. 668 linear ft. wide plus • approx. 1292 linear ft. deep X approx. 668 linear ft. wide • approx. 1,292,677 Total Square Feet • 29.68 Acres 5. Address/general location of subject property: Hamilton Greens is located on the east side of Livingston Road approximately 3/4 of a mile north of Vanderbilt Beach Road. (See Section 4: General Location Map) 6. PUD District: (LDC 2.0106): 7. Adjacent zoning and land use: ■ Residential ❑Community Facilities ❑ Commercial ❑ Industrial Direction Zoning Land use North: A: AGRIGULTURE URBAN RESIDENTIAL SUBDISTRICT South: A: AGRIGULTURE URBAN RESIDENTIAL SUBDISTRICT East: PUD: RESIDENTIAL URBAN RESIDENTIAL SUBDISTRICT West: PUD: RESIDENTIAL URBAN RESIDENTIAL SUBDISTRICT 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). Not Applicable 8. Rezone Request: This application is requesting a rezone from the A: Agriculture zoning district(s) to the PUD: Residential zoning district(s). Present Use of the Property: Vacant t SF: Single Family Residence Proposed Use (or range of uses) of the property: Residential Original PUD Name: Not Applicable Ordinance No.: Not Applicable Section 1 PUD Rezoning Application Page 3 of 6 Agenda item No. 8.A HAMILTON GREENS, PUD February 13, 2007 51 Collier County, Florida Page 70 Of 9. Evaluation Criteria: Pursuant to Section 10.03.05.G 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 f LDC Section 10.03.05) 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. 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. 9. 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. 10. Previous land use petitions on the subject 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, there has been no public hearing held on this property within this past year. 11. Additional Submittal requirements: 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. 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 lmmokalee/Water Sewer District, if in Section i PUD Rezoning Application Page 4 of 6 C°{enda item No. SA HAMILTON GREENS, PUD February J-). -)r 'a 7' 1 Collier County, Florida � e of Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8Y2" 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 for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC); ■ all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include rnatrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 10.02.02 of the Land Development Code (LDC) , or a request for waiver if appropriate. e, 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, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07.B.1). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); L Any additional requirements as 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. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old. Please be advised that Section 10.03.05.B.3 of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Section 1 PUD Rezoning Application Page 5 of 6 Agenda item No. SA HAMILTON GREENS, PUD February 13.. 2007 Collier County, Florida Paae 72 of 151 PUD REZONE APPLICATION SUBMITTAL CHECKLIST cr=n r1ucrVa mT Ic-, Tn RP RtIRMITTED WITH APPLICATION PACKETI Ir7lJ "u ..— ,— __— _------- -- # OF NOT 'REQUIREMENTS COPIES REQUIRED REQUIRED 11 Completed Ap lication;PUD documents 24* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a 2* Corporation 3. Completed OwnerlA ent Affidavit, Notarized 2* 4. lire- application noteslminutes 24* 5. Conceptual Site Plans 24* 6. Environmental impact Statement - (EIS) EEE 4 7. Aerial Phota ra h -.(with habitat areas identified 5* t3. Completed Utility Provisions Statement (with required attachments 4 and sketches - - Traffic impact Statement - TIS 7 10. Historical & Archaeological Survey or Waiver Application 4 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structures 4 13. ❑ Application Fee - "PUD Rezone" = $10,000 + $25 per acre ❑ Comprehensive Planning Consistency Review = $2,250 ❑ Application Fee -- "PUD to PUD Rezone" = $8000 Fire Code Review = 150 EIS Revlew = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of the submittal acket. 15. Affordable Housing Density Bonus Agreement Including all 4 A endices and Exhibits. 16. Boundary no more than 6 months old) 5 17. OTHER REQUIREMENTS: * Documents required for Long -Range Planning Review *1 additional copy if for affordable housing As the authorized agent 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. f Mnaturc Date Section 1 PUD Rozoning Application Page 6 of 6 .igemJa !?em No. SA. HAMILTON GREENS, PUD vl)ruary i3. 2) uC,7 Collier County, Florida Page 73 of 51 SECTION 2 OWNERSIPARTNERS LIST Address: (all 4 organizations maintain the same contact information) ■ Livingston Greens, LLC ■ Devcon Livingston Greens, LLC • Mr. Roland LaBonte ■ Mr. Chad LaBonte BLG Enterprises, LLC • Bellinger Enterprises, LP ■ Mr. Richard Bellinger 222 South US Highway One, Suite 209 Tequesta, Florida 33469 0: 561.744.3341 F: 561.744.3365 CHART A ORGANIZATIONAL CHART 2ND RE-SUBMITTAL PUDZ- 2004 -AR -6810 PRO,I ECT 42001840025 DATE: 3 /29106 HE, IDI WILLIAMS Section 2 Owners /Partners List Page 1 of 1 Agenda item No. 3A February 13, 2007 HAMILTON GREENS, PUD Page 74 of 131 Collier County, Florida SECTION 3 LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Legal Description Of Survey As Furnished To Surveyor The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing 2.30 acres, more or less, and The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 1,29 acres, more or less, and The North 30' of the West '/4 of the North '/z of the South '/z of the Northwest quarter of the Northwest' quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres, more or less, and The West 1/2 of the North Y2 of the South' /, of the Northwest Quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30', reserved for public right -of- way, containing 4.40 acres, more or less, and The East one -half (112) of the East one -half (112) of the North one -half (112) of the South one -half (112) of the Northwest one quarter (114) of the Northwest one quarter (114) of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and The South 'h of the South '/z of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less. Legal Description Of Survey As Re- Written For Brevity The Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest '/4 of the Southeast '/4 of the Northwest '/4 of the Northwest '/4 of Section 31, Township 48 South , Range 26 East, and The North 1/7. of the Southwest 1/4 of the Northwest 1/4 of the Northwest % of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and The Northeast '/4 of the Southeast '/4 of the Northwest '/ of the Northwest '/4 of Section 31, Township 48 South, Range 26 East The South '/2 of the South '/z of the Northwest quarter of the Northwest Quarter of Section 31, Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29.68 acres more or less. Prepared By William C. Mcanly P.S.M. 1543 2ND RE-SUBMITTAL Mcanly Engineering And Design PUD7-2004 -AR -6810 PROJECT #2004040025 5435 Park Central Court Naples Fl 34109 DATE: 3129106 H1;I1)I WILLIAMS Section 3 Legal Description Page1of1 Agen a Item No. SA . HAMILTON GREENS, PUD February '3. 2007 Collier County, Florida Page 75 O` 151 SECTION 4 GENERAL LOCATION MAP The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4800 feet north of the Livingston Road /Vanderbilt Beach Road intersection.) Vehicular access from Livingston Road to the west acts as the entrance into the community, while the parcel is bordered to the north and south by undeveloped lands consisting primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier County). The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East See Location Map — (below) * W -1 F a' 4 QUEEN ANN - LA: I N 8017 CT � 7 ..k G KiNG'GEORGB'LA V U, .� 41 �:7.i' 7 WILLIAM CT iC, I 'Yy - l� _-''1 B ERICK LAKE DR STERN CIR 10 0 SAILFISH LA S 11 COURT WY 5 BOLA JJ 12 COURT LA L ,^t,.;" •- AV, GO i'Er HARVE N X I `''{ 13 PRESERVE WY_ s pBELLW LAI. wa 1. " � f Rn A Sfl! i H 6 e. 0 WILSHIRE E SANDS j�VFR . PINES a O M s ..n^>• �. ,-a C.o ✓ , CtR SHALLO ra '11BU.RON MARIA CL R LAK£ VlY c+ to GOLF DE LA l UZ FPIA AV BLVD GOUNTRI'C CLUB T i`a I a �1ta 3 ��! {� u W v GALLERIADR GjO ,i TIBURON �µ�V ILSHIR� D ti f� `� LAKES- 3 ti0 Ilo116w WILSHIRE LAKES BLV ywldcrb7l"i - ul G' "" f:qupSUian (.entCf TI. RA ativ t�S} NDGRB1 T48.S g °U Tit_9S n WALK ,1 G !'4 .7 r7 AND !3 At D lit QsuornlNG 1�. b� w.. V rT YIIIWfi LAK LkKE �cr,.tiraa Eso n oJr t:F x y �D a 6F a BENI y V CIA T . Gl .cv ¢� a¢'Q ' tcH1 pp� w q �� ST4FAM GRCti1ll m � SS AQAY n'a m r- i*v � A �4 T HILL lA - I r._ �R ITO G'r 2ND RE- SUBMITTAL PIJDZ- 2004 -AR -6810 PROjEC T 9200410401025 DATE: 3/29/06 HEIDI WILLIAMS Section 4 General Location Map Page 1 of 1 Agenda Item No. 8A HAMILTON GREENS, PUD 2 February 13, 2007 ND RE- SUI3MITTA.I� age 76 of 151 Collier County, Florida NUDZ_2004 -AR -6810 PROJECT 42004040025 DATE: 3129/06 SECTION 6 HEIDI VV7LLIAMS WARRANTEE DEED This document prepared by (and after recording Return to): Nsmc: Harry Roscnnun Address: 214 Awn Rd. Cherry Hill NJ. 08034 Phone: 856-779 -7651 3215301 OR: 3334 PG: 1585 tti mn is ontan was 1t cOt,1m ow, n 0710112111tt01:1111 lRW1.U=1am qt m 11.51 W-.7# ,ti � tstsa: )UM om } 2H ITO 8 MW 1iu tq #1111 } ) • Above this line relesved for Official Use assn Q%ttcialas heed (Corporation to Individual) This Quit -Claim Dead, Executed this of0''� day of A.D. 2003. by Mutual Funding Realty of Fiorid0, Inc., ( Corporatio trst parrt3r, to Harry Roseftmen Whose post office addrv= is 214 Avon Rd, Cherry Hill N.J. 08034 second party: Witeeeseth, That the said first party, for and in consideration of the arum of $10.00 in }Land paid by the said second party, the receipt whereof is hereby acknowia S4 does hereby rzmise, relew and quitclaim uxto the said sa000d party forever, all the right, tick, buarest, ciairn, and demand which the said ft patty has in and to the fotiowing described parcel of lard lying and being in the County of Collier Suac of Florida to Wit, The South 30 feet and the sort 30 feet of the NW '% of NW 'h of the NW K Section 3 t, Township 48 SotaX Range 26 East. (Reserved for public right of way, and being subject to restrictions and reservations of cccord.) To Have and To Hold the amts together with all and Angular the appurterinticas thereunto bebnging or in anywise appataining, and ail the estate, 66L title, interest, Section 6 Warranty Deed Page 1 of 11 Agenr4a item No. "A, HAMILTON GREENS, PUD Feb ua,y 13.. 200, 7 Collier County, Florida Pale 7 7 of 15 1 x *: OR; 3334 PG; 1586 M Bert, equity and claim whatsoever of the said first party, chher in Lew or equity, to the only keeper use, bcwrrrt and behalf of the said second party fbmver. to Witum Wbereof~ the said fast party has signed and sealed these presents the day and year first above written. (Mutual Funding Realty of Florida Inc.) By, Wahat T. Donovan Titk: Presidtra Sidried, Sealed lull; Delivered In the ptestnee of these Witantta (One of whom may be a Notary): i Store of Florka Coumy of Collier The forcaoins instrument was acknowiodgod before me this _ 4 '494 lag (date} by Wskar T. Do"gin, t est (nam and title of ofrb=) of Mstdnl eggdkg j Alt of Elands LQ__ e__„_,,i & Florida Corporation, on behorof tBe corpontion. HelShe Is peraoeliaily ivawn to = or 111111113 produced (type of identification) as identification. r du�rxi Notary Public Primed Nemec:�A //• G ,Q. �c tirr"c» f My Commission Expires, Commission fit: W AIS.KwjwT SKI,'1 t7C>faltlitiNaM 001,�itlt Section 6 Warranty Deed Page 2 of 11 ,VlatorA& A. Wotoalf :a..a PrAKIJW x4rreat" 277%X I" dws ri1 1", 1 WK0, amts 6217 rr wyms, pLcKrw Jisav n.r+MS01w.r.. pwMw /w awu w,.r■.raV aaaoaroo0a4 00+fte+t4 && 9*9 Agenda Item No. SA HAMILTON GREENS, PUD February 13, 1 Collier County, Florida F�ae .`8 Of f 1 1551 wwe Io /Or. It' 20 78387 OR: 2204 PG: 1404 sum* amslu now a ruum ami, i, n COW low." "t !'!<f 0." wc-.n 111.11 MR: 1111I 11ttW ? 1 67111 t 211 tt ms! 11111 WAitRA,*n DESO Msdraw P2lth dayaf -rely A. A in AS by sovellue t wpaul e hwebb% r caved the rwum. to A1i0* NuNpesf. 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Yw uWas / 4hk ..►'1 y l C. wr,. rs ! 6 ►yo.wwe.f.rw 1.P 1 ;qel c. i l . -6u4 LG'cr►v Section 6 Warranty Deed Page 3 of 11 lrrl 1i o• m so lV N— r a O HAMILTON GREENS, PUD -eurh -rj, ,1 3, 20.07 Collier Count,,, Florida °aci e 7 ^1 151 �. r • NrwN wrrrw rawsa L.•Lrw,., 1�ArLNR s'<i'Mt larywN no, upso %W twos" ft"m of ALI" N Roo wm 1200 anew st"m Lows" rla. 32130 c Ouc a+nrl&&M 1314! -1 #t2 ta0_.....__ no1499 OR BOOK 001313 FIAGE L4 ! e l .s� s 1 G�LnLS,•wNh rt � at am A1itr A. on • u L'. of to an aawiwl"d IR =atOMOti s1.aLre M. 1006m aa• mm, Ill t laaaw R. Ropowa • b uat 1_2%!0_ /!_!t WW A100 A. i 04oftmss• Towate Lys O Ws# ast3 o• tee as Fri aot. L, 1330 Ar+d" street Rrrift 32730 ..L.eJ4...id 111. �wwLw. . 1a� • 7101 d. Mrrv. ;w ..1 10 meui..d1.. `i S• ON" •J • 1 �. , ... • wrL .LI,.. ..w% "46•.•. moo" and fw&wr wee. 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Y we rom" inw" Is awl .M .w.." an Lwor, L...w.s..d KCAI( ri*-wiY.1 wim r am .mnwd an so.". Mf pW s1 WW ad dlrW r l L ar 0...►. &4 i.1r� it .bra IY dq of 3 Nu.•...s ►►wwtr to 114hy; Jk !s,►, a i4.Y, it UW Section 6 Warranty Deed Page A of 11 Aaenda Item No. SA February 13, 2007 HAMILTON GREENS, PUD Page SG of 151 Collier County, Florida Zwto rr: saaau POO13441 wMrar NOR ,PZU&M NArrM" VZ"J STOP �-- JN. ,JSi JIJW 4 OR: 2048 PG: 0435 "t wr,.w�..n. »w..rta,rw�•rw o� � fnlarl K aqua avert. n or4tMr'r0ooe N11U11 It i t2W EM I. Oat tint M 000.0 at M 11.01 T00ISi 2.M W-11 W." ply ntam UTI ML TITO 1la i) TM WARRAM Dxtt1 AAsdr b ids" AV d 4211 .t. 1k B 02 b JOR1t M PAST 1aiNU M, AS ?IU17U Oi M JOlt1'J'ME9 KW li><S1tU M l.KV0-QU TtiM QATta AFM 23, tfsl, AR TO AM MMLVIOU 112 IteM!M AIM IM R. KMM ARM JUKTf A. )a7M , RLIRRIMMO AIM VIM, .AD TO " 170MYa026 112 IWTXLUT. AoslaMrr"WAS UMM1 Y x&W ApiMW W to A It I19'Ump werm are ms" Aa W A t!A "nun An AU= 1)rl=U# Aa 10 A :$I 7rraaaaf ► rArrMp0*400aiitulk J$10 ARM YSTIAt", L0M01Doo n JlTdQ iarwOl►triAJ W Mrrew� arr�.wwwrrrr,r V~ --,woo IM.rwrrwlww,m ul rrr.orrrrua.rrrw., VS-090 rr►rrr wnr.rrr. rwa�lry Hi 11 1W AjV4W e t jV A1W k Mob ft*AX8 lf& AM 4f J J0.00 and lobs, liiil/MiMrr► q�Al �o4rsMJr/irMr+�M�11� AIwJ Jr'� IAiMIMt aia aiw; +owirR I IIw MR11� a�f /M�rM rw w /RrML ai<�II/rrW1 Jw[ JiYMf:l OALUM 016"K JW jft ArttAa Maas 1/? at Ua Ma t1r 711 a! OU aMV )A N 0#0 aarsAwat 111 tar 0"sAwrs 1/t at aMtion 11, lbrraAlr /I sovtA, SSW* 40 Tart, "ASAar pager, rl*rAd*s 40" tAs asru J0 toss a.f lose t,Ar vast 10 tort, r+aarwr Nor "WAS A44t•el -vdw. ,Tr ura wamwa Raiam M VA904 awt W1w m y•K«d row 70G971111= rill at M wure4 4vago rw oWopp ow do 40sgit arir vVAW �1'0� AND 7D1ipU►�ilwarRrwp+a4i+J�"� AAiD 1M�rMr. rsrrrrn+rrlRsrit /wrrAarIM�RMarY Mrtb,rwy,ririw 41w+r IWMo�irMwJra MNrrYio�r�w/ fkar�lowwl= irrlrwrAt/rw�►Aaob�b rMiwle> wiMrba�lARr /srrlr�MrrlMrwnrari�t/r Iarjrldiiwr0/atrumr riw.rs�wwtwt�r ai�1L+ MR�t�j�.+ �rw+ �rrir wwrr<+re+►r+R�►.awi�It��•�+irJi �rH . IN WR�� II17�► Waall� ..r•a.►slr.rr.rrwrll�a.rrMrw 1Ar a4..�ir.r lrw.b.�. air. YI JJ— +r f veal- ox" AMAr Mna� ~arm IM It R gA1i0r IiOatN ) OOrA+�f01" tow= i I IRA! tir[!r am= YM� �,4.s w� w +Mir a� ,.ar+w 1� InY rr.�11 W Y pr+�MrwiY r �. M.wv�+w►I��M rrtnwr J04MIA KM ICUMU20T. Ta1rrm or r" JoemIn MR lalstAm 4atmmj `T>R s? A7M wT M. wmn An 3QDits A. wom, immum AIID Yin loft-" a oa M Yiyr.r 1640aaO W Yr IrlraYa r �YIYtMrM W lyiy/wp�rwaM �� ■11)�rRWra{r�AlsrYrOrrr/wMarYYf RY �. ,� AA to � !! �� �irrrl x w.wi+rw Section 6 Warranty Deed Page 5 of 11 this Irutrument was Ptepurd by n,1NtF L Ii COX. F%Q Pact affi.e Dtara C'C CwTs ellt. FL 32.122 0-so) 697.535$ HAMILTON GREENS, PUD Collier County, Florida item 1VO. 8A =ea7uary 13. ?007 Paal Q 31 c,f 151 3418433 OR: 3584 PG: 19 MUM In M IC1AL RICORDS of COLLIII Cour "t, !L 011101?"' it 02:10PX DWIGHT I. 890C1, CLM CONS $10000.00 RIC fit 11.50 Doc•.10 1510.00 Rein; DAti l I L H Col P 0 ORAVIR CC CARRABILLI IL 31122 WARRANTY DEED THIS WARRANTY DEED made and executed this-±day of June, 2004, by Karto St. John, a married woman, hereinafter called the Grantor, whose post office address is 875 102nd Avenue North, Naples, FL 34108, to Livingston Greens, LLC, a Florida limited liability company, whose post office address is 222 U. S. Highway I South, Suite 209, Tequesta, FL 33469, hereinafter called the Grantees: ( Wherever used herein the terms "Grantor" and "Grantees" include all the parties to this instrument and their heirs, legal representatives and assigns) W rTNESSETH: 'that the grantor, for and in consideration of the sum ors 10.00 and other valuable consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantees, all that certain land situate in Collier County, Florida, vii: The East 112 of the East 12 of the Nonh 1/2 of the South 1l2 of the Northwest lla of the Northwest 114 of Section 31, Township 48 South, lunge 26 Fast, Collier County, Florida. Parcel Tax 1D #00200760001 The Grantor hereby covenants that the property is not her homestead nor is it her husbands homestead, nor is it contiguous to either of their homestead, within the meaning of the laws and Constitution of the state of Florida. SU BJEC i' TO: Taxes for the year 2004 and subsequent years; zoning, restrictions, prohibitions and other requirements imposed by governmental authority; and outstanding oil, gas, mineral and other reservations of record. TOGETHER with all the tenements, hereditwrients and appuxtcttances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenant with said Grantees that she is lawfully seized DFsaid land in fee simplc: that she has good right and lawful authority to sell and convey said land; that she hereby frilly 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 whatsoever, except as set out above. IN WITNESS WHEREOF the grantor has executed these presents the day and year first above written. Section 6 Warranty Dead Page 6 of 11 Signed, sled end delivered in they sent of: W. c s � r Svc t\27 Z, Print Name Witncss Print Name Aaenda Item No. 3A HAMILTON GREENS, PUD I—ebruary 13, 2007 Collier County, Florida Page 82 of 10 1 * ** OR, 3584 PG; 1912 * *t Karla St. John S'I'A'm OF FLORIDA COUNTY OF Cdl- The foregoing-in9tn=enL&AS acknowledged before me this q'kay of June, 2004, by Karla St. John, who c personally kno ' me or who produced as idemiriication. 1-9� C A.6= Print Name: P tV, ki L W_tii; �S (SEAL) Notary Public Commission #: S>0 14(#'l IS My Comrission Expires: Cp I.t . 3, ,2 acj la C:1dhcUJevcon1Warranty Deed.frm '�► � a.a.��o.r oa sono Section 6 Warranty Deed Page 7of11 nLs lauru ncn) was PrcputJ by DAMML H. COX, ESQ. Pull ofGu Dower CC Cambctic. FL 32322 0SO) 6974$55 HAMILTON GREENS, PUD Collier County, Florida WARRANTY DEED Agenda Item No. 3A r= e'raary "3, 2'07 Page Z`3 of i J 3424680 OR: 3590 PG; 2572 AICOVID Ift 0111CIAL AICOADS of COLL111 COUM11, It 06/21/2004 at 10 :12AX DYIG11 1, BAOCI, CLIRI CONS 20000.00 RIC 111 3130 DOC•.70 140.00 RetA: DAXIIL I C01 1 O DRAM CC CARttAbILLI 11 32122 THIS WARRANTY DEED made and executed this day of June, 2044, by John N. Brugger, individually and as trustee, hereinafter called the Grantor, whose post office address is 600 5th Avenue South, Suite 207, Naples, FL 34103, to Livingston Greens, LLC, a Florida limited liability company, whose post office address is 222 U. S. Highway I South, Suite 209, Tequesta, FL 33469, hereinafter called the Grantees: (Wherever used herein the terms "Grantor" and' (W Grantees" include all the pasties to this instrument and their heirs, legal representatives and assigns) WITNESSETH: That the grantor, for and in consideration of the sum of S 10.00 and other veluable consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantees, all that certain land situate in Collier County, Florida, viz: The North 3Q feet of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4, AND the North 30 feet of the crest 1/2 of the North 1/2 of the South 1/2 of the Northwest 1/4 of the Northwest 1/4 AND the North 30 feet of the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida Parcel Tax ID #00203042205. The Grantor hereby covenants that the property is not his homestead nor is it his spouses homestead, nor is it contiguous to either of their homestead, within the meaning of the laws and Constitution of the state of Florida. SUBJECT TO: Taxes for the year 2004 and subsequent years; Zoning, restrictions, prohibitions and other requirements imposed by governmental authority; and outstanding oil, gas, mineral and other reservations of record. 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 covenant with said Grantees that he is lawfully seized of said land in fee simple; that he has good right and lawful authority to sell and convey said land; that he hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming an interest in the Property by, through or under Grantor, but no other; and that said land is free of all encumbrances whatsoever, except as set out above. IN WITNESS WHEREOF the grantor has executed these presents the clay and year first above written. Section 6 Warranty Deed Page 8 of 11 Signed, scaled and delivered in the presence of: h�( Witness I nVV Print Print Name 01 Agenda item No. `'A HAMILTON GREENS, PUD February 13, 2007 Collier County, Florida Page 84 of 151 * ** OR. 3590 PG; 2573 * ** C)L=�� John N. er, individually and as us trtc ' STATE OF FLO 1 COUNTY OF Lr The foregoing instrument was acknowledged before me this /`J day of June, 2004, by John N. Brugger, individually and as trustee, who is pc =111 known to me or who produced as identification. CHUM M. MOURROdS hiaY Pub. awls Florwa (SEAL � D6816'1005 f3onaoa fix„ sr CAdhc\DevconlbruggeAWarranty Deed.frm Print Name: Notary Public Commission 4: My Commission Expires: Section 6 Warranty Deed Page 9 of 11 HAMILTON GREENS, PUD . Collier County, Florida PvNh4 by a,J wham 10' 11nic111_ Ctx, P A., Avo,r_F, , 1 aw Ulm," CC 1'.y :atV lit, r1. J 21 1 Vlop vly- Appiatws i'ascrl idmiirscnsiw, tr,J1e) \,sabots): ot)iu yw(wj TRUS'f14,131S Dr-TI) Acliend4a item Wo. SAA =ebruary 13. 20-07 Page 85 of 151 3786466 OR; 3983 °G; 2666 RICORCBD in 0111CIA6 RECORDS of C05618R COUNTY, n 02/15/2006 dt 03;50PH HIM B. BROCK, Mar CONS 80000D100 EEC F81 11,50 DOc-.70 $400.00 Re tn: DAMEI It COI P 0 DRANSR Cc CARRABEW Pi, 32322 'MIS INDENITURE made and executed this9 "/clay of February, 2006, by Lom,cll L. Ladewig, Trustee ai'the 3ennic Mae I3oljesik Ttust dated January 18, 1991, as amended by first Amendnieut dated August 19, 1993 and as further amended by Sccond Amendment dated Janumy 5, 1996 ( "Grantor ") to Hamilton Greci)s, LLC, a Florida limited liability company, whose address 1s 222 U.S. Highway One South, Suite 209, Tepesta, Fl, 33469 ("Grantee"). 'i' M'NP;SSF1'H: TJiat the Grantor for and in consideration of Ten Dollars (SI0.00) and other valuable consideration to it in hand paid by Cltantee, the receipt whereof is lieieby ackno-w1cdged, does hcrelby grant, remise, release and quitclaim unto Grantee forever, all file right, title, interest, claim and demand which Grantor has in and to the following described lot, piece or parccA of ltutd, situate, lying and hciltg in the County of Collier, Stale of Florida, to Nvit: The South '/, of Ule South ''A of the Norlhwcst 1/4 of the Norlh%yut 1/4 of .election 31, Township 48 South, flange 26 Bast, Collier County, Floridtt. THIS CONVEYANCE IS SUBJECT TO: Taxes for the year 2006 and subsequent years; zoning, restrictiotzs, prohibitions and other requirements imposed by governmental authority; and the following: Oil, gas, mineral or othcrreserwtltions as sct forth in deed by Bari-on Collier, Jr., et al recorded in Deed Book 30, Page 91 of the Public Records of Collier County, Florida. Oil, gas, mineral or other reservations as set forth in deed by Drme Corporation recorded in Official Records 34, Page 269 of thc: Public Recoids of Collier County, Flor4i. Drainage I:aselncatt in favor of Collier County recorded in Official Records 2802, Page 2682 of the Public Records of Collicr County, Florida. TOGE'.111E;R WITH ALL'I'TTTE TENEMENTS, EIEREDITAI ENTS AND APPURTENANCES THEREOF I31:?1N(j OR IN ANY WISE' APPERTAfNINO, -1'O HAVE AltiID TO I•IOI I) the sane lento the Grantee and Grantee's heirs and Rssigns Section 6 Warranty Deed Page 10 of 11 Agenda Item No. 8A HAMILTON GREENS, PUD February 13; 2007 Collier County, Florida Page 86 of 151 OR 3983 PG; 2667 x forcvcr. Grantor warrnnts that it has legal title to the Propccly and that it will dt:fend the title to !tae Property from the clnints orall pct -sons arising under Grantar and none other, IN WITNI1 ?SS WHEREOF, Grantor Itns CXecuted this (document <n1 the clay and year first above written. Signed, sealed and delivered it] the j) relsence of: Print Niulle ivyV L 7- 1�Jctncss '' Print Name I STATE OF 7L,L r w c I S COl3NTY 01, 1�2 b o 1< , Ci1t � 'OI2: 0115 Jclulic Mile BoIjesik 'Crust dated January 19, 1991, as amended by First Amendment dated August 19, 1993 and as further amended by Second Antendinent tinted January 5, 1996 The f'orogoing instrument was acknowledged before we by Lowell L. Ladewig `1'rttstee of the Jennie Mac Boljeslk "1'ntm dated January 18, 1991, as amended by First Amendment elated August 19, 1993 and a:c farther amended by Second Amendment dated Janunry S, 3996 lie is personally known to me or (—) has produced 7- Yerwg!�s L1Ctryt6tts ►demifici tion. Wittim Iny hand and official seal this 9T�Lday of Febmary, 2006. OFFICIAL SEAL '�•� -���' � � `" DIANE R TACZY Printed Namc:_� NOTARY PUBLIC, STATE OF RLIN018 Notary Public MV COMMISSION EXPntrc8:0677Ar06 (SEA ) Section 6 Warranty Deed Page 11 of 11 A_�eo a Item No. SA HAMILTON GREENS, PUD ebrUary i3 213017 Collier County, Florida 7 C) 17 1 SECTION 7 OWNERIAGENT AFFIDAVIT We, AICE MCI�ILIrSE; RlJa/ Alice B. Rosennian, HARRY ROSLNMAN, MJCHAEL ROSENIMAN AND .THLEANOIZ I.1. ROSS> NMAN, TTEE FB /0 ELEAI�IOR H. ROSENMAN, TRUST U/T/D 12/20/89, by and through our attorney in fact, Allcn Rosmumm, and LIVINGSTO ?q GREENS, LLC, a Florida Emi.ted liability compauly, bt ing first dtfly stivorzi, dIcpose and say that we at-e the Owners of the property described herein and which is the subject xnatter (if tlhc proposed hearing, that all sketches, data and other supplementary matter attached to mid made a paid of this capplicatioui, are honest and true to the best of our knowledge and belief-, Vde understand that the information requested On this application must be complete and a.ccur-aw acid that th.e content of this .Form, Wbe1hw.coanputcr gemcratcd or County printed shall not be altered. Public Bearings will not be advertised uiatil this application is deemed ccnnplete and all required ii-S-ormation Bas been submitted. As property owner, -eve Further authorize Piatxick Di Clrnaiinblt Ian and Gcarbe L. Vaa nadoe; Ts(lairo to act as Ow represcnt<ative s, in any matters regarding this Peitition, ALICE MCNTRESL,'VICIa/ Alice H,. Roseumxrn; HARRY ROSENMAN, MICHAEL ROSENMA.N AND EILE -ANOR 11. ROSSEI\IMAN, TTEE F /I3 /0- ELL,AN0R H. ROSENMAN, TRUST TJjT /D'- 12120/9-9 i ! ; Alle n I�nssetal aia, their attorney in fact STA I'E OF . FLORIDA 1 COMM" OF Tile fore;;oinl, irastruinent.was ae1cnot0etlged before me this ��� day of 2004, . l)y AllcnRosonman, as attorney in fact :far Alice; ivlcneese, :C /k /a /Aiic r, 13. Rosenmau, Hurry Rosanniau, Ivlicbael Ros =man. and Eleain.nr.H. 'Rosscnman, TTEE flblo Bic ano -1I Rpsonman, Tros4u /t/d MOM, who is personally latoW.n to zne or has produoed.. 1 as identifacaaion. "' i - fTrr ^'�Y•.'rn liair.�'..sryln�rsm,l �Alalic` yi of )IoridD t c S �t, of Flu7idu cl�rrr..�; Arr. fi. �t}!)!i f._..,. r,.....l:...., .� , �.....__._ Print Mmic 2ND RE- SUBMITTAL PUDZ- 2004 -AR -6810 PROJECT 92004040025 DATE: 3/29106 HEIIIlt WILLIAMS �„U, ., . Section 7 Owner /Agent Affidavit Page 1 of 3 'IUMV1 `IUU11LY' rlu)lucl 7 genoa item 1qo. SA February 13, 2007 Facie 88 of 151 ✓YV N(iSTON GTRL-ENS, LTIC, a Florida lirnited liabiEity cat pany By: Drvcw, D--valopmerxt LTIC, a Floridfi limited liability company as its ni=-ing i-atmb--r BV: Chad P. LaBontc, Manage• STiVFE OTPLORIDA couN-'ry 0.1--, d 2004, by Mid P. LaBontc, Managrr of Devoon.Deve1opnient, -LL;C, a Florida UnAted bability company, as Mana"6iwmci-abew of Lwiagstou a MoTicia limited habiljt3' colupan),' who j4 2c to mv (it• has prod as idontil5cation. JDo 4, -b E IV, 0 r. 160 .Y iuly 26, 2UQ 8 +I-- "-q- gr AU Oj V. Nouijc Publio"Slate Offiariaa Section 7 OwnerfAgent Affidavit Page 2 of 3 , -vintm �.uuiny, rnunud �u ,.. , , �o. SA `Fe ,. biruasy 13, 2007 Page C9 of "151 AFFIDA YIT 1 Richar cl P. Bellinger ll farmer o� Livingston Greens LLC' being first duly sworn, depose and say that I am the owner 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. 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 altered. Public hearings will not be advertised until this application is deemed complete, and all required informatimi has .been submitted. As property owner I further authorize George L. Yarnadoe, , and Patrick Cunnin h.am to act as my representatives in any matters regarding this petition, LIVINGSTON GREENS, LLC RICI ARD P. BELLINGER, ltdAager The foregoing instrument was acknowledged before me this �?Sa day of 2009, by A,�hgrd L 73EIl,n ec- who is personally lnrown to me or has produced as rderattf caliorz, State of Florida County of C0 1 7' 1% (M de, Rc rl (Signafure of Notary Public - S to of Florida) • 'k % %IIR4' ®v Notary Stamp % �N �' bo p • ' ' !1! -coo ,SIGryF�A �� ZF • mn •.��r a. July 26, 2010 *' #DD316175 %Iod TO bb r 6 Section 7 OwnerlAgent Affidavit Page 3 of 3 Q` 0 _?o a> m n3 a) LL Q LIVINbb I UN 4iKttNti, YUU Collier County, Florida SECTION 17 BOUNDARY SURVEY W 4 E a Z C? m bn At k= 66 At a¢ H L !C bik: �p trR S�gg i� �xy �yH �9y hj t Yrtpup n a i al k S Y{ IM JK�6 0 N €s8 a 5 a' CCp tE ?:apeep,, �y X d Y � 49 Y� rrt�eF 41, 3I Orb 9N- ONW331J1N3 ), NV7 � h 9 t� a li Ab�r� rprK Ron L moa°o A i �aoae"" o n tia W 4 E a Z C? m bn At k= 66 At a¢ H L !C bik: �p trR S�gg i� �xy �yH �9y hj t Yrtpup n a i al k S Y{ IM JK�6 0 N €s8 a 5 a' CCp tE ?:apeep,, �y X d Y � 49 Y� rrt�eF 41, t, L i ..,i• ,r �'�Sru �� ��� �n h I ? � 8a �� � vw•,v � h 9 t� a li Ab�r� rprK t, L i ..,i• ,r �'�Sru �� ��� �n h I ? � 8a �� � vw•,v Ab�r� rprK .SO �pa tia ,ME 'sad ���y1yo,�l, s suE t, L i ..,i• ,r �'�Sru �� ��� �n h I ? � 8a �� � vw•,v i C1�Y g fit! Section 17 Boundary Survey Pape 1 of 1 nne x.w r IS D� a sa4 �I { (N0:l7+WlShG� aJONN lIYON ND159NNR i C1�Y g fit! Section 17 Boundary Survey Pape 1 of 1 Collier County, Florida „ No. 3A February 13, 2007 Page 91 of 151 SECTION 13 TRAFFIC IMPACT STATEMENT (TlS): HAMILTON GREENS REZONING TRAFFIC IMPACT STATEMENT Project ##04527 Prepared by: DAVID PLUMMER & ASSOCIATES, INC. 1531 Hendry Street June 21, 2004 Fort Myers, Florida 33901 Revised March 21, 2006 2ND RE- SUBMITTAL PUDZ- 2004 -AR -6810 PROJECT 42004040025 DATE: 3/29/06 HLIDI WILLIAMS Soctlon 13 Traffic Impact Statement (TIS) Page 1 of 8 Collier County, Florida Amanda. Itam tJo. 8A February 13, 2007 Page 92 of 151 HAMILTON GREENS REZONING TRAFFIC IMPACT STATEMENT Introduction Hamilton Greens (hereafter referred to as the Project) is a proposed residential development located on the east side of Livingston Road approximately halfway between Vanderbilt Beach Road and Immokalee Road in Collier County, Exhibit 1. The Project will consist of a total of 88 low -rise residential condominium units. The Project is a one -phase development, with anticipated buildout in 2008. The purpose of this Traffic Impact Statement (TIS) is to provide the traffic analysis In support of the rezoning application for the Project. The TIS relies on standard transportation methodologies generally acceptable to Collier County. Project Access Project will have direct access onto Livingston Road, The Project Entrance will be a right-in/right-out movement only. It is located approximately 1.2 miles south of Immokalee Road and 0.8 miles north of Vanderbilt Beach Road, Exhibit 2. The first full median opening to the north of the Project is at approximately 2,290 feet north of the Livingston Greens Entrance. It is the County Park Entrance and is a full median opening. To the south, the next full median opening is located at Touchstone Entrance (full median opening), approximately 1,460 foot south of the Project Entrance. Pre - Application Meeting A pre - application meeting was held with the County Staff on March 31, 2004, The Project did not meet the preliminary warrant threshold values requiring a TIS per the Collier County Procedures and _Guidelines for Traffic Impact Studies. During the meeting, Staff indicated that the following information should be furnished as part of the traffic study, to show that there is no significant project impact on the roadway segments directly accessed by the project, per Collier County Growth Management Plan, Transportation Element, Policy 5.1 and 5.2. 1. Project trip generation, based on ITE Trip Generation, 7`� Edition. 2. Significant impact test on the roadway segments directly accessed by the Project. Section 13 Traffic Impact Statement (TIS) Page 2 of 8 Collier County, Florida Agenda item Ho. SSA 201-'7 Page 93 of 151. Trip Generation The Institute of Transportation Engineers (ITE) Trio Generation, Seventh Edition was used to develop trip generation estimates for the Project. The ITE trip generation calculations are included in Appendix A. The total AM peak hour, PM peak hour and daily Project trip generation is summarized below. Project Trip Generation - Summaryr'� AM Peak PM Peak Daily Land Use Size LUC In Out Total In Out Total 24 Hour Law -Rise Condominium 88 d.u. 231 15 44 59 40 29 69 736'21 Footnotes: (1) ITE, Trip Generation, 7°t' Edition. (2) Interpolated based on the proportion of daily to peak hour trips of Residential Condom inium/Townhouse (ITE LUC 230) trip generation. The peak hour. Project trips are less than 100 and daily Project trip generation is less than 1,000 trips. The 100 peak hour and 1,000 daily Project trip generation thresholds are the land use intensity warrant thresholds for a complete TIS. Therefore, the Project does not meet the land use intensity warrant thresholds for a complete TIS. Significant Impact Collier County Growth Management Plan, Transportation Element, Policy 5.1 identifies significant impact as the traffic impact on roadway segments (finks) directly accessed by the project where project traffic is equal to or greater than three (3) percent of the adopted Level of Service (LOS) standard service volume. The service volumes from the Collier County's current Annual Update and Inventory Report (AUIR) are to be used for all traffic studies. The 2005 AUIR service volumes for this segment of Livingston Road, from Vanderbilt Beach Road to Immokalee Road were used for significant impact test. Since, the Project has direct access to Livingston Road approximately halfway between the Vanderbilt Beach Road and Immokalee Road, the significant impact on the segments of Livingston Road, north and south of the Project Entrance, is assessed and presented in Exhibit 3, As shown in Exhibit 3, the Project traffic consumes less than one (1) percent of the adopted Level of Service (LOS) standard service volume. Since the County significant impact threshold is 3 %, the Project does not have a significant impact on the roadway segments directly accessed by the Project. Conclusions Tile conclusions of this traffic study are summarized below. The Project generates less than 100 peak hour trips and less than 1,000 daily trips and, therefore, does not meet the land use intensity warrant thresholds for a complete TIS. The Project generates approximately 69 peak hour trips and 736 trips on a daily basis. Project traffic consurries less than three (3) percent of the adopted Level of Service (LOS) standard service volume and, therefore, does not have a significant impact on the roadway segments directly accessed by the Project. Section 13 Traffic impact Statement (TIS) Page 3 of 8 iniwiu vry �nccivo, r vtj Collier County, Florida Aaenda Item No. €3A February 13, 2007 Page 94 of 151 Jet . l Section 13 Traffic Impact Statement (TIS) Page 4 of 8 04527%010%5005 HAMILTON GREErN5 .REZONING PROJECT LOCATION _I dpi TRAFFIC IMPACT STATEMENT MAP Section 13 Traffic Impact Statement (TIS) Page 4 of 8 11f11 vIIL I VIN VIILLIYJ, ruL Collier County, Florida ApenOa I+Leim No. SA 2007 Paae 95' of 151 Section 13 Traffic Impact Statement (TIS) Page 5 of 8 co \/ \/ £ / \ $2/ LJ- / f � # � \ \ � g� D }� \ — \j � / f � # � 2&z g� D }� \ — \j � $ o \� uj .M LL . L7 } & $ { } % > 2 § ƒ \ e E � § / & }� : $ 2 � # }. / muumw % wE Arc m%F «, ƒ ) �} a� �ƒ }� a� \: $ � � $ Y r } � J ƒ � ƒ % 9 ® ~ .m a �- % k & ! �� \\ /]� ƒ } ® | .don e Tmf Impact Statement mm Page Gye f 0 2&z D }� \ � $ o uj .M LL . L7 { } % > 2 § ƒ \ ) = E 2 muumw % wE Arc m%F «, ƒ ) �} a� �ƒ }� a� \: $ � � $ Y r } � J ƒ � ƒ % 9 ® ~ .m a �- % k & ! �� \\ /]� ƒ } ® | .don e Tmf Impact Statement mm Page Gye i IAMILTON 6REENS, PUD Collier County, Florida APPENDIX A TRIP GENERATION ITE TRIP GENERATION 7 Edition 2003 da Item Igo. 8A. 7 --, --a. 2007 Page 97 of 151 Trafflc impact Statement (TIS) Page 7 of 8 _Iq r UU Collier County, Florida Agenda item No. 8A FeDruary 164 2007 Page 98 of 151 Surnmary of Trip. Generartion Calctilation For 88 Dwelling Units of Low-Rise Residential Condo / ToWnhouse March 20, 2006 Average Rate Standa`rd Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-�Wa'y Volume 0.-00 o ::00 1.00 736(l) i-9. AM Peak Hour Enter 0,17 0,00 1.00 1.5 7-9 AM Peak Hour Exit 0,50 01-.00, 1.00 44 7-9 AM Peak Hour Total 0_67 0183 1... 00 59 4-6 PM Peak HoUt Enter 0.45. b".-o'O" I. -0'0 0 '4 4.- PM 'Peak Hour Ex it b ..3 3' 0,.04., -:,i b0 29 •.6 ' 4-6 PM Peak Hour. Total 0.78 b,", 91 '69 Vo �ume� Satbtda-'y Vol 0,00 0 1:9104 M 0 Saturday 'Leak: Hour Enter 0.':0.0. .0,0'0 A .00 so- -tatiirday ?ea,k-_•Oour Exit-_ !0_00: .'Q 00 1;;00 'Saturday Peak A' r'To.tiil '0 Notec: A zero windicates m6 d6ta avgildble.. $oUrce: Tnatitute of,tramportation tngineats Trip Generation, 7th Edition.,.,,., -2010.31:, TRW GE14ERATION BY, 7M1,0ROTMIS, P -zrncrOon, Section 13 Traffic impact Statement (TIS) Page 8 of 8 Collier County, Florida V Agenda l em No. S.A 77), 77 y . 2007 VacEe 90 of 151 SECTION 14 HISTORICAL & ARCHAEOLOGICAL SURVEY OR WAIVER APPLICATION COLLIER COUNTY 2ND RE- SUBMITTAL PUDZ- 2004 -AR -6810 PROJECT #2004040025 DATE: 3/29106 HEIDI WILLIAMS WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: AUGUST 16, 2004 PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: HAMILTON GREENS PUD (formally known as LIVINGSTON GREENS, PUD) LOCATION: (Common Description) Livingston Greens is located on the east side of Livingston Road approximately 4,000 feet north of Vanderbilt Beach Road. (See Section 4: General Location Map) SUMMARY OF WAIVER REQUEST: (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical /archaeological sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a Historical /Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historicaUarchaeological sites.) The property is in an area with low potential for historicallarchaeological sites, and the relatively undistributed areas, i.e., wetlands, will be maintained as conservation areas. SECTIOrJ ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): (OWNER) Applicant(s): Livingston Greens, LLC Mailing Address: 222 South U.S. Highway One, Suite 209 Tocluesta, Florida 33469 Telephone # 561.744.3341 Fax #: 561.744.3365 E -Mail Address: rbellingerCdevcon.com Section 14 Hist -Arch waiver Application Page 1 of 4 Collier County, Florida Appncia Item NO. 8A February 13, 2007 Paae 100 of 151 B. Name of agent(s) for applicant, if any: Agent: Firm: Mailing Address: Telephone # Fax #: E -Mail Address: Patrick Cunningham Houston Cuozzo Group, Inc. 2400 SE Federal Highway, Suite 310 Stuart, Florida 34994 772.221.2128 772.221.0788 pcunningham @hcgdesign.com Agent: George L. Varnadoe, Esq. Firm: Cheffy Passidomo Wilson & Johnson, LLP Mailing Address: 821 Fifth Avenue South, Suite 201 Naples, Florida 33469 Telephone #: 239.261.9300 Fax #: 239.261.9782 E -Mail Address: glvarnadoe @napleslaw.com C. Name of owner(s) of property: (SAME AS APPLICANT) Note: If names in answers to A and /or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. (SEE SECTION 7: OWNEWAGENT AUTHORIZATION) SECTION TWO: SUBJECT PROPERTY DATA A. Legal description of subject property, Answer only 1 or 2, as applicable, 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: NOT APPLICABLE Plat Book Page Unit Block Lot Section 31 Township 48 S Range 26 E Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. (SEE SECTION 3: LEGAL DESCRIPTION) Section 14 Hist -Arch waiver Application Page 2 of 4 r'm N 1141 u1V ur\F CrV o, r- u u Collier County, Florida Agenda item No. SEA. u 2007 Pace 101�of 151 B. Property dimensions: Area: APPROX. 852,033 square feet, or 29.68acres Width along roadway: 1,002 LINEAR FEET Depth: 661 LINEAR FEET 11292 LINEAR FEET C. Present use of property: VACANT! SF: SINGLE FAMILY RESIDENCE D. Present zoning classification: A: AGRICULTURE SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. Interpretation of Aerial Photograph Historical Land Use Description: Land, cover, formation and vegetation description: The site is currently vegetated by pine flatwoods and cypress — pine habitats The eastern most portion of the site has been cleared. 4. Other: B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board, Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined In Section 2.2.25.1 1. Section 14 Hisl -Arch Waiver Application Page 3 of 4 nry , v,v vi u.:civo, r vu Collier Courity, Florida Aaenda Item No. SA February 13. 2007 Pace 102 of 151 SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file, C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8'/2" x 14 ") folder. Signature of Applicant or Agcnt- Printod Name of Applicant o ..Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION A. The Community Services Administrator or designee has made the following determination: 1. Approved on: By: 2. Approved with Conditions on: By: (see attached) 3 Denied on: _ (see attached) Ray BellowslHistoric PreservationlFormslRBIrb L� Section 14 Hist -Arch Waiver Application Page 4 of 4 . ^,genJa !tem No. SA x• February 13. 1,07 Page i 03 of ` 51 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • PL WAT51 -BOD- 432 -2D45 TDD (561) 647 -2574 Mailing Address: P.O. Box 24680, West Palm Preach, FL334164680 - wtvwsfwmd.gov September 19, 2003 Mr. Craig Smith W. Dexter Bender and Associates, Inc. 2052 Virginia Avenue Ft. Myers, Florida 33901 Subject: Livingston Road 16.4 acre parcel; Informal Jurisdictional Wetland Inspection; Collier County, S -31 / T-48 -S / R -26 -E Dear Mr. Smith: The District offers the following in response to your request for a determination of the jurisdictional wetland boundaries and other surface waters located within the subject property. Craig Schmittler, PWS, Senior Environmental Analyst, of the Natural Resource Management Division, conducted a site inspection on August 14, 2003. The project boundaries shown on the attached aerial identify the approximate limits of the property inspected. Based on the information provided and the results of the site inspection, the jurisdictional wetlands and other surface waters, as defined in Chapter 62- 340 F.A.C., within the limits of the subject property, are identified by the white crow's foot hatching on the attached aerial exhibits. This correspondence is an informal pre - application jurisdictional determination pursuant to Section 373.421(6) and F.A.C. 62- 312.040(7). It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre - application jurisdictional determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding jurisdictional determination may be obtained by submitting an application to the South I- lorida Water Management District Ft. Myers oft°ice for a formal determination pursuant to Chapter 4013- 4.042 F.A.C. or by applying for a permit. CO VCR, vna(9 ROARD P CEIVU) '7111, SEP t 2003 EXECUTIVE Of! /CE Nicolas j. Guti-5rrez, jr., Esq., 0wir Michael Collins Kevin McCarty Henry Dean, 6xecurrveDirecto, Pamela Rroolcs- Thomas, t4cr -Choir Hugh M. English Harkley R. Thornton ]rely M. Baguio Lennart E. l.indahl, P.L. Trudi K. Williams, P.F.. Agenda Item Flo. 3A February 13. 2007 Page 104 of 151 Livingston Road 16.4 acre parcel Page 2 A file has been set up with pre - application materials at the Ft. Myers Service Center office. If you have any further questions please contact Craig Schn*tler at (941.) 338- 2929 ext. 7739. Si 11 .1<71"orto, PWS or Supervi ing Environmental Professional er West Coast Service Center RTM/eds - Attachment (Memo, Location Map, and Aerials) c: USACOE - Ft. Myers w/ inemo, location map, and aerial DEP- w/ memo, location map r- Location Map Aggemda Item NO. SA February 13, 2007 X Sv S L!� AV MV n - 1 J ( YIX AV 11V� Y/M LE U YR Rq, r 1[M RV. d AV kV. VTI AV MY. ItIN AV lY. a W. D -EXT •'R 3-END-ER AND ASSOCIATES N6IRON.ifENTffL & k,4Rl2rrE CONSUlTlNC FORT ,VIT.RS, FL X940 334 —SCOO R��7 Project Loca tion P'R,IT USA`' ONLY, NOT FOR CONSTRUCTIG, August 08, 2003 10:21:00 a.m. Drawing: DEUDIPROJECTI.00ATICN.DWG Livingston Road SHEET 15.1 ± Acre Parcel �o ,o O U D1 `Z � di W Ca oLf) o b K3 Lo Ij :'� �� 03 -`may •� '._a 27 . ' ....�4.. _ .. a -.c ,.. U d '� V U C,C p H CJ N p >� o� 3 3 •� •� � a a � o,a b O b •� . p .� .0 0 oQ�i7 H nI $ 3 .0 Az !�' r.. 4 , y a Z3 �o ,o O U D1 `Z r ,-eni /n� -E idG-I 't"f'.t� i��.7. V7'1 I ape 1'7 of 151 TO: File � 1H / FROM: Crai g . SclYmittler, PWS, Senior Environmental Analyst THROUGH: Ross T. Nlorton, PWS, Senior Supervising Environmental Professional DATE: September 16, 2003 SUBJECT: Livingston Road 16.4 acre parcel; Informal Wetland Jurisdictional Inspection, Lee County, S -31 / T -48 -S / R -26 -E A site inspection was conducted on the above referenced property on August J4, 2003. The property inspected is located east of Livingston Road, north of Hawkeye. Drive and approximately Vz mile north of the Vanderbilt Beach Road Extension, The subject property is undeveloped, but has been disturbed by activities in the past. An elevated, filled road crosses the site from east to west near the center of the site. Borrow ditches (other surface waters) are present on both sides of the road. Most of the site is forested by pine flatwoods habitat. Cypress becomes more prevalent in the northwest and southeast corners of die property. Adjacent properties to the south, north and east are undeveloped. Property to the west has been cleared as part of the Livingston Road right -of -way. Melaleuca and to a lesser extent, Brazilian pepper have heavily invaded the subject property. The jurisdictional wetlands and other surface waters, as defined by Chapter 62 -340 F.A.C., within the limits of the property. inspected, are shown by white crow's foot hatching on the attached aerial exhibit, The northwestern corner and the southeastern, corner of the property are dominated by cypress /pine slough habitat that is heavily invaded by melaleuca. The jurisdictional other surface waters consist of die borrow ditches along the old filled madway. They are deep enough to hold water much of the year and vegetation in them includes pickerelweed, arrowhead, water lilies and numerous other obligate submerged species. The upland sections of the property are dominated by slash pine with a scattered saw palmetto understory. Brazilian pepper, scattered cabbage palms and a few oaks are also present in the canopy. The uplands cross the property from the northeast to the southwest. The only sign of listed species found on the site was a gopher tortoise burrow found within the old filled roadway. No other listed species were observed during this inspection. Agenda Item No. 8A j j U February 13, 2007 Page 103 of 151 So= FLORIDA WATFR MANAGEMENT DISTRICT LC)wm WP-Tr COAST REGioNAL SERVICE CF.i = no1 McGregor Boulevard, Fort Myers, FL 33901 (239) 338 -2929 FL WA M I -B03- 248 -1201 Suncom 748 -2929 Fax (239) 338 -2936 %ww.sfwmd.gov /org /exo /ftrnyers/ Regulation Department , RECEIVE D DE1; PUDZ- 2004 -AR -6810 R1CV: 5 January 11, 2005 Project: 2004040025 JAN Date; 7/25/06 DUE: 8/25/06 Craig M. Smith W. Dexter Bender & Associates, Inc. 2052 Virginia Avenue Fort Myers, Florida, FL 33901 . Subject: Livingston Road Greens Property; Informal Jurisdictional Wetland Determination Collier County, S31/ T48S/ R26E Dear Mr. Smith: The District offers the following in response to your request for a determination of wetland boundaries and other surface waters located within the subject property. Marie Dessources, Environmental Analyst, of the Natural Resource Management Division, conducted a site inspection on May 7, 2004. Based on the site visit and other site information, this 2.5 -acre site contains wetlands and other' surface waters (OSW) as defined by Chapter 62 -340 Florida Administrative Code (FAC). The black line on the attached aerial indicates the project 'boundaries. The areas considered wetlands and OSW are outline on the aerial photograph. This correspondence is an informal pre- application wetland determination pursuant to Chapter 373, Florida Statutes. It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre - application wetland determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules, A binding wetland determination may be obtained by petitioning the South Florida 'Water Management District for a wetland declaratory statement pursuant to FAC Rule 62 -340 or by applying for an Environmental Resource Pen-nit. The identified wetlands and surface waters, and, potentially, otlier .areas of the property not jurisdictional under State rules, may be wetlands and /or,'other waters of the United States under federal rules. Dredging or filling in such areas may,require'a Department of Army (DA) pemsit. Receipt of a state or local government permit does-hot .obviate the nee�'to obtain a DA permit . prior to commencing work. For more informatioh`about the DA R4Aatory Program., you may access the Corps' website at: http : / /www.saj.usaa.armyaniVpenir i. /..3`ndcx.html. You may also contact the local Corps regulatory office for additional information, at one of the following numbers: (239) 334 -1975. 6oyEwzyG Bo,4RD - XECUTITIE OFNC£ NicotAs J. Guti @rrez, Jr., Esq., Chair Michael Collins Kevin McCarty Remy Dean, Executive Director Pamela Brooks - Thomas, !lice -Omir ]-high M. English Harkley R. Thornton Irela M. L'agu6 Lennart E. Lindahl, P.E. Trvdi K. Williams, P.E. February 1 .1, 200 -1 Craig M. Smith Pane 1,09 of 151 Livingston Road Greens Property Page 2 A file has been setup at the Lower West Coast Service Center with pre - application materials. If you have any further questions please contact Marie Dessources at (239) 338 -2929 ext. 7781.. Sincerely, 11�kay U"i", kswlLiral Marie Dessources Environmental Analyst Lower West Coast Service Center MD- Attachment (aerial w/ FLUCCS) C: USACOE- Ft. Myers w /aerial, soils map, and location map Collier County w /aerial, soils map, and location nzap %A W, 4. "Amwom," • A 4L Not q; I 1 ' -.1 1 I.Q. Q'5: VAN Minh ti r. logs WW AMWAY Ov va"! WT j", lot, 10enda ;lam I'J�. Sirs. I IAMILTON GREENS, Pt10 reb ruary 13 2 -'07 Collier County. Rorida : " a g e 1 1 1 '0f 15" EXHIBIT N HISTORICAL & ARCHAEOLOGICAL LETTER FROM FDSDHR a 1'UDZ- 2004 -AR -6810 Pruject:2004040025 REV: S FLOF.IDA DI?PARTMENT OF STATE Date: 7i2S/06 Glenda E. Hood DUE: $/25/06 Secretary of State i}IVISiON OF - USTORICAL RESOURCES Fc6ruary 10, 2005 Craig M..Smith W. Dexter Bonder 4nd Associates, Inc. 2052 Virginia Ave. Fort Myers, rL 33941 Pax 239- 334 -6714 Dear Mr. Smith: In response to your Inquiry of February ; 2005; tjte Florida Ma.smr Site File lists no previously regarded cultural resources in the following parcel: T48—S, R26F, Section 31 In interpreting the results of our searoh, please rrmembev the following points; Ares which have not been completely surveyed, such as yours, may contain uurecoede4 archaeological sines, unrecorded historically important structures, or both. • As you may know, state and federal laws, require formal environmental review for some projects, Record searches by the staff o£the.Morida Master Site Tile do not constittitc such a review of cultural resources, if your project falls under these laws, you should contact the Compliance Rer,iew Sectiort of the Bureau of Ristoric Preservation at 850- 245.6333 or at this address. Sincerely, Lauren E, Kasak Data Analyst, Florida Master Site File Division of Historical Rcsourcos R A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 Phone: $50- 245 -6440 State SunCotn: 205 -45440 Fax Eno: 850 -245 -6439 Email: fmsfile @dos.starefl.us Web; hap : //www.dos.statef.us/dhr/msj7 $00 S. Brottiough street - Talahassee, FL 323994250 , ht1p:L'�'wJ1heritagc.eom O Dizcetai's offiee C5 Acrhaeological Research ❑ iristoU'c Preservadon ❑ Historical d taseums (650) F&Y.- 745-41,35 (350) 249 -45444 - FAA: 285.6136 (850) 24S -63„3 - FAX; 215-0437 (U-0) NS -6400 - FAX- 245.6433 O raim Beach Regional Office O St. AttgUAHnt Regional Offlee O Tampa Regional Office ... - - - --.. --- - - I 4v. '1 Y! -->,An Section 10 Environmental impact Statement Collier County, Florida A qa:r r4 Ifam No 8A February 13, 2007 Page 112 of 151 SECTION 12 STATEMENT OF UTILITY PROVISIONS 1. Name of Applicant: Livingston Greens, LLC 2. Mailing Address: 222 South U.S. Highway One, Suite 209 Tequesta, Florida 33469 3. Address of Subject Property (If Available): Not Available. The majority of the property is vacant 4, Legal Description: (See Section 3: Legal Description) Section: 31 Township: 48 S Range: 26 E Lot: Block: Subdivision: Plat Book Property I.D. #: 00199720000 00200800000 00202600004 00200760001 00200960005 00203042205 5, Type Of Sewage Disposal To Be Provided (Check Applicable System): a. County Utility System b. City Utility System ❑ c. Franchised Utility System ❑ Provide Name d, Package Treatment Plant (Gpd Capacounty) e. Septic System 6. 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) X 0 El 2ND RE- SUBMITTAL ❑ PUDZ- 2004 -AR -6810 PROJECT #2004040025 DATE: 3129106 HEIDI WILLIAMS Page ##: Section 12 Statement of Utility Provislons Page 1 of 38 Collier County, Florida �• nan a 3t�n t i, �, SA nruary 131, 2t? % Paoe 113 of 151 7. Total Population to be Served: 137 Persons B. Peak And Average Daily Demands: a. Water -Peak 100,224 GPD b. Sewer -Peak 70,723 GPD Average Daily 25,056 GPD Average Daily 16,960 GPD 9. If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: October 1, 2006 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 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. Sewage treatment will be provided by Collier County Public Utilities. The onsite sanitary sewer collection system will connect to the County's force main located in the Livingston Road right -of -way and/or to the existing sanitary sewer facilities within Wilshire Lakes PUD (available as per the Collier County Public Utilities Division letter dated July 18, 2005) 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 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. Onsite sewer and water system will be private except for a County Utility Easement around the backflow assembly located on the water system. All necessary agreements will be entered into at the appropriate time specified by the County. 12. Statement of Availability capaCounty 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, a statement from that provider indicating that there is adequate capaCounty to serve the project shall be provided. This issue is not applicable. As stated previously, the project will receive sewer and potable water services from Collier County. Section 12 Statement of Utility Provisions Page 2 of 38 Collier Couniv. Florida V WATER MANAGEMENT REPORT FOR HAMILTON GREENS (f.k.a. LIVINGSTON GREENS) Located in: Located in Section 31, Township 48 South, Range 26 East Collier County, Florida July 5, 2004 Revised June 1, 2005 March 9, 2006 Prepared by: William C. McAnly, P.E. McAnly Engineering and Design, Inc. 5435 Park Central Court Naples, Florida 34109 Phone (941) 593 -3299 Approved by: William C. McAnly, P.E. 2ND ,E, SUI3MITTAL pUDZ- 2004 -AR -6810 PROJECT #2004040025 DATD: 3129/06 HCIDI WILLIAMS Agenda Item No. 8A re ruary �, 2007 Page 114 of 151 Section 12 Statement of Util[ty Provisions Page 5 of 38 Collier County, Floridavv Ao ;nda Item No. v February ?.2007 Pane "' 5 of ' S1 TABLE OF CONTENTS SECTION A PHYSICAL DESCRIPTION PROJECT DESCRIPTION DESIGN STANDARDS SECTION B, BASIN I DESIGN COMPUTATIONS 1. Land Use Summary Il, Site Grading and Storage III, Soil Storage IV, Site Storage V. Water Quality VI. Bleeder Design VII. Main Weir Design VIII. Flood Routing XI. Construction Criteria X. Flood Encroachment SECTION C, BASIN I HYDROGRAPHS 1. Stage- Storage Computations 11. Stage- Discharge Computations 111, Hydrograph for Five Year, One Day Storm Event VI. Hydrograph for Ten Year, One Day Storm Event V11, Hydrographs for Twenty Five Year, Three Day Event XI. Hydrograph for One Hundred Year., Three Day Event., Zero Discharge Section ;2 Statement of Utility Provisions Page 6 of 38 Collier County, Florida TABLE OF CONTENTS (CONTINUED) SECTION D, BASIN 11 DESIGN COMPUTATIONS 1. Land Use Summary 11. Site Grading and Storage Ill. Soil Storage IV. Site Storage V. Water Quality VI. Bleeder Design VIL Main Weir Design VIII. Flood Routing XI. Construction Criteria X. Flood Encroachment SECTION E, BASIN 11 HYDROGRAPHS I. Stage - Storage Computations II. Stage - Discharge Computations Ill. Hydrograph for Five Year, One Day Storm Event VI. Hydrograph for Ten Year, One Day Storm Event VII. Hydrographs for Twenty Five Year, Three Day Event XL Hydrograph for One Hundred Year, Three Day Event, Zero Discharge ., -� -:o. SA :bruary 112007 Page 1 '116 of 151 Section 12 Statement of Utility Provisions Page 7 of 38 Collier County, Florida ,a r!�:a A�m info. SA . 7ebruary 13; 20077 r =age , ,E 1 of 151 SECTION A PHYSICAL DESCRIPTION Hamilton Greens is a proposed Planned Unit Development located in the northwest corner of Section 31, Township 48 South, Range 26 East, Collier County, Florida, Hamilton Greens consists of approximately 19.56 +/- acres, Hamilton Greens is located east of Livingston Road, west of a subdivision known as Wilshire Lakes, south of the Collier County North Naples Regional Park, west and south of a multifamily development known as Wilshire Pines, and north of an undeveloped parcel of land to the south. Access to Hamilton Greens will be provided by construction of an entrance road to Livingston Road. Utilities including potable water, sanitary sewer service and electric service are available to the project via the Livingston Road right -of -way and Wilshire Lakes. Hamilton Greens is currently undeveloped and not cleared, Hamilton Greens contains an existing natural flow - way, which traverses through the center of the property in a southwesterly direction. This flow -way extends northeast through the west end of Wilshire Pines and receives stormwater discharged from the Collier County North Naples Regional Park and other areas north of Wilshire Pines. The stormwater travels southwest via the flow -way across the property and eventually crosses Livingston Road and enters the surface water management system for the Tiburon development. The eventual outfall Is the Cocohatchee Canal. The property has topographic elevations ranging from 8.6 feet to 14.4 feet above mean sea level. The average site grade is approximately 12.25 feet NGVD. An existing dirt road, which is currently overgrown, traverses the property from the Livingston Road right -of -way to an old home site which is located on the east side of the flow - way next to Wilshire Lakes. The dirt road is built up above natural grade to elevations ranging from 12.3 feet to 14.4 feet NGVD and currently blocks the flow of stormwater in the natural flow way, which traverse the property. PROJECT DESCRIPTION Hamilton Greens is a proposed development that will consist of 23 three -unit buildings or 69 dwelling units, one multi- family building with 18 and 1 caretaker /guardhouse unit. The site density is 2.96 townhouse units per acre. Hamilton Greens will be divided into two separate bodies of development due to the preservation of the natural flow -way. There will be 19 three -unit buildings and a clubhouse located on the west side of the flow - way and 4 three -unit buildings located on the east side of the flow -way. Hamilton Greens will be divided into two separate water management basins due to the project being separated into two bodies of development. The two water management basins will discharge into the existing natural flow -way. The discharge of stormwater into the natural flow -way will have little effect on the drainage patterns and water levels in the surrounding areas. A proposed roadway will cross the flow -way in order to connect the two separate bodies of development. The roadway will be constructed in the location of the existing built up dirt road, which currently crosses the flow - way. Five concrete bridges will be constructed across the flow -way in order to allow offsite surface flow under the roadway. The bridges will also double as wildlife corridors providing safe passage ways for wildlife to pass under the roadway. The removal of the existing roadbed and the construction the bridges will improve drainage conditions in the area and enhance the natural flow -way. Hamilton Greens will also maintain existing flow conditions in the northwest by preserving the hydric pine flat woods located in the northwest corner of the site. This preserve is located outside the water management basins for Hamilton Greens. This preserve is a vital part of another flow -way that receives stormwater from the North Naples Regional Park, Livingston Lakes, and an undeveloped parcel of land north of Livingston Lakes. The undeveloped parcel of land is bordered on the west by Livingston Road, on the north by Windsong Club Apartments and Bermuda Palms, and on the south and east by Livingston Lakes. The stormwater from this undeveloped parcel of land travels south through an existing permitted flow -way within Livingston Lakes, into Section 12 Statement of Utility Provisions Page 6 of 38 Collier County, Florida Aa 2enda Item Igo. 8A February 13, 2007 Page 118 of 151 the on -site preserves located outside the water management system of the North Naples Regional Park, and into the hydric pine preserve at Hamilton Greens. The stormwater will then cross Livingston Road and enter the surface water management system for Tiburon development. The eventual outfall is the Cocohatchee Canal, DESIGN STANDARDS Seasonal high water (SHW) elevations for the two wetlands on -site were determined using biological indicators. The SHW for the main cypress wetland, 12.2 feet NVGD, is based upon lichen lines on the buttresses of cypress trees, The SI-IW for the hydric pine wetland in the northwest corner of the site, 12,5 feet NVGD, is based upon adventitious roots on wax myrtles. The SFWMD has reviewed and approved these indicators. The water management systems for the site were designed with a control elevation of 12.25 NGVD. The control elevation was based on the wet season elevation obtained from lichen line elevations on the site. The dry water season elevation was determined to be 8.0 NGVD based on the low water elevation in the lakes at Wilshire Lakes, Phase Two. The minimum centerline of road and the top of berm will be constructed at the peak elevation of the 3 -day 25 -year storm event. The minimum finished floor of the buildings will be constructed at the peak elevation of the 3 -day 100 -year storm event with zero discharge. Stormwater on the site will be collected by drainage structures located in the roadway, which will convey the stormwater to the onsite lakes via reinforced concrete pipes. Stormwater from the rear of the buildings will be directed to catch basins on site or to the upland preserve via swales. A drainage structure near the preserve and the aforementioned catch basins will connect to the onsite, lakes via reinforced concrete pipes. For buildings where a swale is not feasible the area around the buildings will be graded from the rear of the building to the road. Gutters will be installed on these buildings to direct stormwater to the roadway. Basin I consist of 11.61 +1- acres of which there is a 1.51 -acre lake, 0.33 -acre upland preserve, and 4.36 acres of open space, Basin II consists of 2,52 +1- acres of which there is a 0.64 -acre lake and 0.95 acres of open space. Outside the water management basins are two preserve areas, which consist of a total of 6.52 acres. Allowable discharge for the site is 0.04 cubic feet per second per acre. Therefore, allowable discharge for Basin I is 0,465 cfs and for Basin II is 0.09 cfs. The hydrograph for the 25 -year storm for Basin I indicates the discharge at the peak stage of 14.59 feet NGVD is 0.48 cfs. The hydrograph for the 25 -year storm for Basin II indicates the discharge at the peak stage of 14.00 feet NGVD is 0.3 cfs, In Basin I of Hamilton Greens, the project recovers from the 25 -year storm event to an elevation of 12.60 feet NGVD in 368 hours (15.3 days past peak stage), which is 0.35 feet above the control elevation. In Basin Ii of Hamilton Greens, the project recovers from the 25 -year storm event to an elevation of 12.28 feet NGVD in 141.00 hours (5.9 days past peak stage), which is 0.03 feet above the control elevation. The two water management basins for Hamilton Greens will use three inch (3") diameter orifice which is the minimum size orifice allowed by the SFWMD. The controlled perimeter of the water management systems will be maintained at a minimum elevation of 14.6 feet NGVD for Basin 1, or 1.0 feet above grade, which ever is higher, and 14.1 feet NGVD for Basin II, or 1.0 feet above grade, whichever is higher, to detain all surface runoff on -site. This Is based on the 25 -year, 3 -day peak flood elevation of 14.59 feet NGVD for Basin I and 14.00 feet NGVD for Basin IL The minimum centerline of road in each water management basin shall be 2.0 feet above the control elevation, or the peals stage of the 25 -year, 3 -day storm event, whichever is greater. The peak flood elevations according to the hydrographs for the 100 -year, 3 -day storm with zero discharge, was determined to be 15,21 feet NGVD for Basin I and 14.89 feet NGVD for Basin 11. All habitable dwelling structures will have proposed finished floor elevations as required for proper grading but not less than 15.21 feet NGVD for Basin I or 14.89 feet NGVD for Basin II. Section 12 Statement of Utility Provisions Page 9 of 38 Collier County, Florida Ac= nda "em No P-A. �, 2007 Page 119 of 1 1 SECTION B DESIGN COMPUTATIONS FOR BASIN I DEVCON LIVINGSTON LAKES BASIN I SECTION B DESIGN COMPUTATIONS Land Use Summary: Total Property Area Water Management Area Description Paving /Sidewalks /Roads Lakes Multi - Family /Common Bldgs Open Space Total Impervious Area: Residential Buildings Paving /Driveways Total Impervious Area Lakes Pervious Area Net Project Impervious and Lakes Total Pervious Area = 19.55 Ac.(100 %) 10.50 Ac.(100 %) Total Area (Ac,) 2.84 1.15 1.58 4.53 10.50 1.98 Ac. 2.84 Ac. 4.82 Ac, 1.15 10.50 -5.97 4.53 (45.9°/x) (11.0 %) (56.9 %) (43.1%) Section 12 Statement of Utility Provisions Page 10 of 38 Coilier County, Florida II. Site Grading /Storage: Average Undeveloped Site Grade = Control Elevation = Paving /Driveways 2.84 Ac. Lakes 1.15 Ac. Open Space 4.53 Ac. Average Developed Site Grade Ill. Soil Storage: Average Site Grade Control Elevation Depth to Water Table SFWMD Soil nda Item i o. SA :bruary 13. 2007 Page 120 of 151 12.25 ft, NGVD 12.25 ft. NGVD @Elevation 14.00- 15.80 ft. NGVD @Elevation 12.25 ft. NGVD @Elevation 12.30- 15.80 ft. NGVD ft. NGVD - 14.09 ft. NGVD Storage 2.02 "x 0.75 (75% for developed site) Ground Storage: 1.52 "x 4.53Ac.x 1712' S = 1.52 "x %pervious = 1.52"x 0.43 IV. Site Storage: See attached Stage Storage Computations in Appendix "A" 14.09 ft. NGVD 12.3 ft. NGVD 1.84 ft. 1.52" 0.57 AF 0.6536" Section 12 Statement of Utility Provisions page 11 of 38 V. Water Quality (Detention) First Inch of Runoff: Detention = 2.5" x % Impervious Site Area Collier County, Florida 2�narid'P 1 rn N February 13. 2007 rage 121 of 151 10.50 Ac, x 1712" Total - (Water Surface + Roof) 10.50 - (1.15+ 1.98) Impervious Area = 7.37 Ac. - 4.53 Ac. % Impervious = 2.84 - 7.37 2.5 "x 0.385 - 0.96" Detention Volume = Since 0.88 AF Detention Storage 0.88 AF 7.37 Ac. 2.84 Ac. 38.5% treated 0.96 "x 1712" x (Total Area) 0.96 "x 1712" x 10.50 0.84 AF Average Head: 13.01 + 12.63) > 0.84 AF , First Inch Governs 0.88 AF = 0.76 1.15 Ac. Detention Elevation = 12.3'+ 0.76' = 13.01 ft. NVGD VI. Bleeder Design: Maximum Drainage = 1(2" in 24 hours: 0.5 x 10.50 Ac. x 43560 SF x 1 DAY x 1 HR 12" /ft 1 AC 24 HR 3600 SEC Head drops from 13.01 to 12.63 Average Head: 13.01 + 12.63) - 12.25 = 2 For Weir Controlled Discharge: a - C A (2gH)t/z 0.22 = 0.61 xA A = 0.06 sq. ft. r = 0.14 ft. d = 0.28 ft. Try Weir with 3" Orifice 0.22 cfs NGVD 0.57' (2 x 32.2 x 0.57) 1(.5) Section 12 Statement of Utility Provisions Page 12 of 38 Collier County, Florida Agenda Item IVo. 8A February 13, 2007 Page 122 of 151 VII. Main Weir Design: Pre- dovelopment run -off has been determined to be 0.04 cfs per acre 5 -Year / 1 -Day Storm Event per South Florida Water Management District. Allowable Discharge = 0.04 cfs /Ac. x 10.50 Ac. = 0.4: Head, H = 14.25 - 13.01 = 1.24 ft. For 3" circ. orifice, 1/2 diameter = 0.13 ft. Max. Head = 14.3 ft. - 12.39 ft. - 1.86 ft. For Rectangular Weir controlled Discharge, Q = C x L x H1.5 6.80 0.42 = 3.13 x L x 1.24 ^(1.5) Peak Stage = L - 1.74 ft. NGVD Peak Discharge - 0.32 fl. (3.13 x 2.14) - 0.26 wid The minimum allowable orfice is a 3" circular orfice 1 -Day Rainfall - Flood Routing: a) 5 -Year / 1 -Day Storm Event Rainfall = 5.50 inches Peak Stage = 14.00 ft. NGVD Peak Discharge = 0.3 cfs a) 10 -Year 1 1 -Day Storm Event: Rainfall = 6.80 inches Peak Stage = 14.19 ft. NGVD Peak Discharge - 0.32 cfs b) 25 -Year / 3 -Day Storm Event: 1 -Day Rainfall - 8.20 inches 3 -Day Rainfall = 11.14 inches Peak Stage - 14.78 ft. NGVD Peak Discharge - 0.68 cfs See attached Hydrograph Computation in Appendix C) 100 -Year 13 -Day Storm Event: 1 -Day Rainfall = 10.40 inches 3 -Day Rainfall = 14.13 inches Project Acres = 10.50 acres Soil Storago(S) = 0.71 inches Section 12 Statement of Utility Provisions Page 13 of 38 Runoff [P - 0.2S]z - [P + 0.8S] From Stage /Storage Table Collier County, Florida Aaenda Item NO 3A -ebruary -in, 201.7 Paoe 123 of 151 14-13- 0.2( 0,65)] 2 = 234.39 [ 14.13 + 0.8( 0.65)] 14.77 1 5.87 Inches (15.87" x 1712 ") x 10.50 Ac, 13.89 AF 13.89 AF =_> Elevation 15.66 ft. NGVD IX. Construction Criteria: 10 Year/ 1 -Day Peak Stage Minimum Parking Lot Elev. 25 Year / 3 -Day Peak Stage Minimum center line of Roads (2' above cont) 100 Year / 3 -D2y Peak Stage (0 Discharge) Min. F.F. Elev. as Required greater than 15.42' NGVD FEMA Flood Insurance Map - Zone "X" Panel No, 120067 0195D, June 3, 1986 Collier County, Florida 25 -Year / 3 -Day Peak Discharge = 0.68 cfs Weir Structure: Berm Elevation = One (1): 7,80 Weir Crest = Bleeder Structures One (1): Circular Orfice = Invert Elevation - X. Flood Encroachment: Undeveloped Site: Natural Average Grade = 100 -Year, 3 -Day Rainfall = 100 -Year, 3 -Day Runoff: 14.13" x 1712" x 1 0.50 Ac. = 13.39 ft. NGVD = 13.39 ft. NGVD = 14.78 ft. NGVD - 14.78 ft. NGVD - 15.42 ft. NGVD Varies 14,8 ft. NGVD 14.78 ft. NGVD 3" 12.25 ft. NGVD 12.4 ft. NGVD 14.13 inches 12,36 AF section 12 Statement of Utility PrDOSIOnS Page 14 of 38 Collier County, Florida y Aaenda Item No. 3A February 13, 2007 Paae 124 of 151 100 -Year, 3 -Day Storage = 12.36 AF 100 -Year, 3 -Day Flood Elevation: AF 10.50 ft. (12.36 1 AC.) + 12.4' 13.58 NGVD Developed Site: 100 -Year, 3 -Day Runoff = 13.89 AF 100 -Year, 3 -Day Flood ft. Elevation = 15.42 NGVD Section 12 Statement of Utility Provisions Page 15 of 38 Collier County, FloridaV V ngenda Item `lo. •.4 rebf dai "y 1 , -2007 Page 125 of 151 SECTION C HYDROGRAPHS FOR BASIN I HAMILTON GREENS C-1 BASIN 1 Stage - Storage Computations Stage 0.55 AC .41 ac .33 ac 4.36 ac 1.51 # 16 # * ** OPEN 0 Feet PAVING DETENTION PRESERVE SPACE LAKE Total NGVD Storage Storage Storage Storage Storage Storage ac -ft ac -ft ac -ft ac -ft ac -ft ac -ft 12 15.8 xxxx# 15.6 xx * #* # 16 # * ** x* 0 xxxxx 0.03 *k * ** *x 12.5 k # *xx 0 0.13 0.14 0.38 0.65 12.75 0 0 # *xx 0.31 *x *xx 1.28 x # # *# xx +* 0 * * *xx #k�# 14.6 *x #. 13.8 # * * ** 12.1 * * # #* 12 # #x* 12.2 12 0 0 0 0 a 0 12.25 0 0 0.05 0.03 0 0.08 12.5 0 0 0.13 0.14 0.38 0.65 12.75 0 0 0.21 0.31 0.76 1.28 13 0 0 0.3 0,55 1.13 1.98 13.25 0 0 0.38 0.85 1.51 2.74 13.5 0 0 0.46 1.23 1.89 3.58 13.75 0 0 0.54 1.67 2.27 4.48 14 0 0.08 0.63 2.18 2.64 5.53 14.25 0 0.18 0.71 2.76 3.02 6.67 14.5 0 0.29 0.79 3.41 3.4 7.89 14.75 0.03 0.39 0.87 4.12 3.78 9.19 15 0.18 0.49 C.96 4.91 4.15 10.69 15.25 0.48 0.59 1.04 5.75 4.53 12,4 15.5 0.91 0.7 1.12 6.68 4.91 14,32 15.75 1.49 0.8 1.2 7.66 5.29 16.44 16 2.17 0,9 1.29 8.72 5.66 18.74 Section 12 Statement of Utility Provisions Page 16 of 38 WEIR LENGTH WEIR ELEVATION WEIR COEFFICIENT TYPE OF BLEEDER SLOT SLOT INVERT ELEV. ORIFICE DIAMETER Collier County, Florida Aaenda Item No. 8A February 13, 2007 Page 125 of 151 HAMILTON GREENS C -11 BASIN 1 Discharge Computations 4.42 FT. 14.8 FT. NGVD 3.13 CIRCLE 12.25 FT. NGVD .25 FT. PIPE DATA DIAMETER 1.5 FT. LENGTH 240 FT. N -VALUE 0.15 WEIR FLOW IN CFS - - --------------------- PIPE TOTAL STAGE WIER BLEEDER TOTAL FLOW DISCHARGE FLOW 12.25 0.00 0.00 0.00 0.00 0.00 12.50 0.00 0.08 0.08 2,62 0.08 12.75 0.00 0.14 0.14 3.71 0.14 1100 0.00 0.19 0.19 4.54 0.19 13.25 0.00 0.22 0.22 5.24 0.22 1150 0.00 0.25 0.25 5.86 0.25 13.75 0.00 0.28 0.28 6.42 0.28 14.00 0.00 0.30 0.30 6.94 0.30 14.25 0.00 0.32 0.32 7.42 0.32 14.50 0.00 0.34 0.34 T87 0.34 14.75 0.00 0.36 0.36 8.29 0.36 15.00 1.24 0.38 1.62 8.70 1.62 15.25 4.18 0,40 4.58 9.08 4.58 15.50 8.10 0.42 8.52 9.46 8.52 15.75 12.81 0.43 13.24 9.81 9.81 16,00 18,19 0.45 18.64 10.16 10,16 Section 12 Statement of Utility Provisions Page 17 of 38 Collier County, Florida Agenu'e Beni No. SA Page 127 �:)f 151 HAMILTON GREENS BASIN 1 C-I11 SANTA BARBARA PROGRAM PROJECT NAME HAMILTON GREENS REVIEWER .. , ...: WILLIAM C, McANLY PROJECT AREA ....: 11.61 ACRES GROUND STORAGE ... 1.37 INCHES TERMINATION DISCHARGE: .01 CPS TIME OF CONCENTRATION : .70 HOURS DISTRIBUTION TYPE..: SFWMD RETURN FREQUENCY ..: 5.00 YEARS RAINFALL DURATION.,: 1 -DAY 24 -HOUR RAINFALL ..: 5.50 INCHES REPORTING SEQUENCE , : STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .08 .00 12.75 1.28 .18 13.00 1.98 .23 13.25 2.74 .27 13.50 3.58 .31 13.75 4.48 .35 14.00 5.53 .38 14.25 6.67 .40 14.50 7.89 .43 14.75 9.19 .61 15.00 10.69 2.75 15,25 12.40 6.14 15.50 14.32 10.42 15,75 16.44 15.43 16.00 18.74 21.07 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM, ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 ,0 .0 12.2.5 4.00 25 .00 .0 .0 .0 .0 .0 .0 .00 8.00 .75 .12 .7 .1 .1 .0 .0 .0 11.25 10.00 1.17 .36 1.5 .3 .3 .0 .0 .0 12.32 11.00 1.48 .56 2.2 .4 .4 .0 .0 .0 12.38 11.50 1.75 .77 3.3 .5 .5 .0 A .1 12.42 11.75 2.58 1.45 7.9 .7 .7 .0 .1 1 12,47 12.00 3.61 2.36 16.8 1.0 1.0 .0 A .1 12.58 12.50 4.01 2.73 16.2 1.8 1.8 .0 .2 .2 12.86 13.00 4.22 2,93 10.7 2.3 2.3 .0 .2 .2 13.05 14.00 4,50 3.19 4.9 2,8 2.8 .0 ,3 3 13.25 16.00 4.84 3,51 2.0 3.3 3.2 .1 .3 .3 13.38 Section 12 Statement of Utility Provisions Page 18 of 38 Collier County, Florida - Agenda Item No. 8A reoruary IT 2007 Page 128 of 151 " - -- -- RESERVOIR - - - -- RAIN ACCUM, BASIN ACCUM, ACCUM. INSTANT AVERAGE TIME FALL. RUNOFF DISCMGE INFLOW VOLUME. OUTFLOW DISCI IGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 20.00 5.24 339 1.1 3.7 3.5 .2 .3 .3 13.47 24.00 5.50 4.14 .7 4.0 3.7 .3 .3 .3 13.52 30.00 5.50 4.14 .0 4.0 3.6 .4 .3 .3 13.49 36.00 5.50 4.14 .0 4.0 3.4 .6 .3 .3 13.45 42.00 5.50 4.14 .0 4.0 3.3 .7 .3 .3 13.40 48.00 5.50 4.14 .0 4.0 3.1 .9 .3 .3 13.36 54.00 5.50 4.14 .0 4.0 3.0 1.0 .3 3 13.32 60.00 5.50 4.14 0 4.0 2.8 1.2 .3 .3 13.28 66.00 5.50 4.14 .0 4.0 2.7 1.3 .3 .3 13.24 72.00 5.50 4.14 .0 4.0 2.6 1.4 3 .3 13.19 78.00 5.50 4.14 .0 4.0 2.4 1.6 ' .3 .3 13.15 84.00 5.50 4,14 .0 4.0 2.3 1.7 .2 .3 13.11 90.00 5.50 4.14 .0 4.0 2.2 1.8 .2 .2 13.07 96.00 5.50 4.14 .0 4.0 2.1 1.9 .2 .2 13.03 102.00 5.50 4.14 .0 4.0 2.0 2.0 .2 .2 12.99 108.00 5.50 4.14 .0 4.0 1.9 2.1 .2 .2 12.95 114.00 5.50 4.14 .0 4.0 1.7 2.3 .2 .2 12.92 120.00 5.50 4.14 .0 4.0 1.6 2.4 .2 .2 12.88 126.130 5.50 4.14 .0 4.0 1.5 2.5 .2 .2 12.84 132.00 5.50 4.14 .0 4.0 1.4 2.6 .2 .2 12.81 138.00 5.50 4.14 .0 4.0 1.3 2.7 .2 .2 12.77 144.00 5.50 4.14 .0 4.0 1.3 2.7 2 .2 12.74 150.00 5.50 4.14 .0 4.0 1.2 2.8 .2 .2 12.71 156.00 5.50 4.14 .0 4.0 1.1 2.9 .2 .2 12.67 162.00 5.50 4.14 .0 4.0 1.0 3.0 .1 .1 12.64 168.00 5.50 4.14 .0 4.0 1.0 3.0 .1 .1 12.61 174.00 5.50 4.14 .0 4.0 .9 3.1 .1 .1 12.59 180.00 5.50 4.14 .0 4.0 .8 3.2 .1 .1 12.56 186.00 5.50 4.14 .0 4.0 .8 3.2 .1 .1 12.54 192.00 5.50 4.14 .0 4.0 7 3.3 .1 .1 12.52 198.00 5.50 4,14 .0 4.0 .7 3.3 .1 .1 12.50 204.00 5.50 4.14 .0 4.0 .6 3.4 .1 .1 12.48 210.00 5.50 4.14 .0 4.0 .6 3.4 .1 .1 12.47 216.00 5.50 4.14 .0 4.0 .6 3A .1 .1 12.45 222.00 5.50 4.14 .0 4.0 .5 3.5 .1 .1 12.44 228.00 5.50 4.14 .0 4.0 .5 3.5 .1 .1 12.42 234.00 5.50 4,14 .0 4.0 .5 3.5 A .1 12.41 240.00 5.50 4.14 .0 4.0 .4 3.6 .1 ,1 12.40 246.00 5.50 4.14 .0 4.0 4 3.6 .0 .1 12.39 252.00 5.50 4,14 .0 4.0 .4 3.6 .0 .0 12.38 258.00 5.50 4.14 .0 4.0 .4 3.6 .0 .0 12.37 264.00 5.50 4.14 .0 4.0 .3 3,7 .0 .0 12.36 270.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.35 276.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.35 Section 12 Statement of Utility Provisions Page 19 of 38 0011ier County, Florida v ------ RESERVOIR - - -- RAIN ACCUM. BASIN ACCUM, ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 282.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.34 288.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.33 294.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.33 300.00 5.50 4.14 .0 4.0 .3 3.7 0 .0 12.32 306.00 5.50 4.14 ,0 4.0 .2 3.8 .0 .0 12.32 312.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.31 318.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.31 324.00 5.50 4.14 .0 4.0 .2 3.8 .0 0 12.30 330.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.30 336.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12,30 342.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.29 348.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.29 354.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.29 360.00 5,50 4,14 .0 4.0 .2 3.8 .0 .0 12.28 366,00 5.50 4,14 .0 4.0 .2 3.8 .0 .0 12.28 372.00 5.50 4.14 .0 4.0 .1 3.9 0 .0 12.28 375.75 5.50 4.14 .0 4.0 .1 3.9 ,0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 13.53 FEET AT 24.75 HOURS MAXIMUM DISCHARGE WAS .3 CFS AT 24.75 HOURS HAMILTON GREENS BASIN 1 C -VI SANTA BARBARA PROGRAM PROJECT NAME , ...: HAMILTON GREENS REVIEWER ... , , .: WILLIAM C. McANLY PROJECT AREA ....: 11.61 ACRES GROUND STORAGE ... , 1.37 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: .70 HOURS DISTRIBUTION TYPE_: SFWMD RETURN FREQUENCY ..: 10.00 YEARS RAINFALL. DURATION..: 1 -DAY 24 -HOUR RAINFALL ..: 6.80 INCHES REPORTING SEQUENCE , : STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) A ienUa Item No. Sn r- e;)ruary .2007 Pa3e 129 of 151 Section 12 Statement of Utility Provisions Page 20 of 38 Copier County, Florida N Agenda Item No. JA --- -� t-ebruary IT , 2007 Page 130 of 151 12.25 .08 .00 12.75 1.28 .18 13.00 1.98 .23 '13.25 2.74 .27 13.50 3.58 .31 13.75 4.48 .35 14.00 5.53 .38 14.25 6.67 .40 14.50 7.89 .43 14.75 9.19 .61 15.00 10.69 2.75 15.25 12.40 6.14 15.50 14.32 10.42 15.75 16,44 15.43 16.00 18.74 21.07 ------ RESERVOIR - - - -- RAIN ACCUM, BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0. .0 .0 .0 .0 12.25 4.00 .31 .00 .0 .0 .0 .0 .0 .0 .01 8.00 .93 .21 1.0 .1 .1 .0 .0 .0 12.27 10.00 1.45 .54 2.1 .4 A .0 .0 .0 12.37 11.00 1.83 .83 3.0 .6 .6 .0 .1 .1 12.46 11.50 2.17 1.10 4.5 .8 .8 .0 A .1 12.52 11.75 3.19 1.98 10.4 1.0 1.0 .0 .1 1 12.58 12.00 4.46 3.15 21.8 1.4 1.4 .0 .2 .1 12.72 12.50 4.96 3.62 20.9 2.4 2.4 .0 .2 .2 13.06 13.00 5.22 3.87 13.6 3.0 3.0 .0 .3 .3 13.28 14.00 5.56 4.20 6.2 37 33 .0 .3 .3 13.51 16.00 5.98 4.61 2.6 4.3 4.2 .1. .3 .3 13.66 - - - - -- RESERVOIR - - - -- RAIN ACCUM, BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 20.00 6.47 5.08 1.4 4.8 4,6 .2 .4 .3 13.78 24.00 6.80 5,39 .9 5.2 4.8 .4 .4 .4 13,83 30.00 6.80 5.39 .0 5.2 4,7 .5 .4 .4 13.80 36.00 6.80 5.39 .0 5.2 4.5 .7 .4 .4 13.76 42.00 6.80 5.39 .0 5.2 4.3 .9 ,3 .3 13.71 48.00 6.80 5.39 .0' 5.2 4.2 1.0 .3 .3 13.67 54.00 6.80 5.39 .0 5.2 4.0 1.2 .3 .3 13.62 60.00 6.8D 5.39 .0 5.2 3.9 1.3 .3 .3 13.58 66.00 6.80 5.39 .0 5.2 3.7 1.5 .3 3 13.53 72.00 6.80 5.39 .0 5.2 3.5 1.7 3 .3 13.49 78.00 6.80 5.39 ,0 5.2 3.4 1.8 .3 .3 13.44 84.00 6.80 5.39 .0 5.2 3.2 2.0 .3 .3 13.40 90.00 6.80 5.39 .0 5.2 3.1 2.1 .3 .3 13.36 Section 12 Statement of Utility Provisions Page 21 of 38 Collier County, Florida Agenda Item 1'41o. 6A 7,77 y i . 2007 Page 131 of 151 96.00 6.80 5.39 .0 5.2 3.0 2.2 .3 .3 13.31 102.00 6.80 5.39 .0 5.2 2.8 2.4 .3 .3 13.27 108.00 6.80 5.39 .0 5.2 .2.7 2.5 .3 .3 13.23 114.00 6.80 5.39 .0 5.2 2.6 2.6 .3 .3 13.19 120.00 6.80 5.39 .0 5.2 24 2.8 .3 .3 13.15 126.00 6.80 5.39 .0 5.2 2.3 2,9 .2 .3 13.11 132.00 6.80 5.39 .0 5.2 2.2 3.0 .2 .2 13.07 138.00 6.8D 5.39 .0 5.2 2.1 3.1 ,2 .2 13.03 144.00 6.80 5.39 .0 5.2 1.9 3.3 .2 .2 12.99 150.00 6,80 5.39 .0 5.2 1.8 3.4 .2 .2 12.95 156.00 6.80 5,39 .0 52 1.7 3.5 .2 .2 12.91 162.00 6.80 5.39 .0 5.2 1.6 3.6 .2 .2 12.87 168.00 6.80 5.39 .0 5.2 1.5 3.7 .2 .2 12.84 174.00 6.80 5.39 .0 5.2 1.4 3,8 .2 .2 12.80 180.00 6.80 5.39 .0 5.2 1.3 3.9 .2 .2 12.77 186.00 6.80 5.39 .0 5.2 1.2 4.0 .2 .2 12.74 192.00 6.80 5.39 .0 5.2 1.2 4.0 .2 .2 12.70 198.00 6,80 5.39 .0 5.2 1.1 4.1 .2 .2 12.67 204.00 6.80 5.39 .0 5.2 1.0 4.2 A .1 12,64 210.00 6.80 5.39 .0 5.2 .9 4.3 .1 .1' 12.61 216.00 6.80 5.39 .0 5.2 .9 4.3 .1 .1 12.59 222.00 6.80 5.39 .0 5.2 .8 4.4 .1 .1 12.56 228,00 6.80 5.39 .0 5.2 .8 4.4 ,1 .1 12.54 234.00 6.80 5.39 .0 5.2 .7 4.5 .1 .1 12.52 240.00 6.80 5.39 .0 5.2 .7 4.5 A .1 12.50 246.00 6.80 5.39 .0 5.2 .6 4.6 .1 .1 12,48 252.00 6.80 5.39 .0 5.2 .6 4.6 .1 .1 12.46 258.00 6.80 5.39 .0 5.2 .6 4.6 .1 .1 12.45 264.00 6,80 5.39 .0 5.2 .5 4.7 .1 .1 12.44 270.00 6.80 5.39 .0 5.2 .5 4.7 .1 .1 12.42 276.00 6.80 5.39 .0 5.2 .5 4.7 .1 .1 12.41 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 282.00 6.80 5.39 .0 5.2 .4 4.8 .1 .1 12.40 288.00 6.80 5.39 .0 5.2 4 4.8 .0 A 12.39 294.00 6.80 5.39 .0 5.2 .4 4.8 .0 .0 12.38 300.00 6.80 5.39 .0 5.2 .4 4.8 .0 .0 12.37 306.00 6.80 5.39 .0 5.2 .3 4.9 .0 .0 12.36 312,00 6.80 5.39 .0 5.2 .3 4,9 .0 .0 12.35 318.00 6.80 5.39 .0 5.2 .3 4.9 .0 .0 12.34 324,00 6.80 5.39 .0 5.2 .3 4.9 .0 .0 12.34 330.00 6,80 5.39 .0 5.2 .3 4.9 .0 .0 12.33 336.00 6.80 5.39 .0 5.2 .3 4.9 .0 .0 12.33 342.00 6.80 5,39 .0 5.2 .2 5.0 .0 0 12.32 348.D0 6.80 5.39 .0 5.2 .2 5.0 .0 A 12.32 354.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.31 360.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.31 366.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.30 Section 12 Statement of Utility Provisions Page 22 of 38 Collier County, Florida 372.00 6.80 5.39 A 52 .2 5.0 .0 .0 12.30 378.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.30 384.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.29 390.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.29 396.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.29 402.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 1228 408.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.28 414.00 6.80 5.39 .0 5.2 .1 5.1 .0 .0 12.28 417.00 6.80 5.39 .0 5.2 .1 5.1 .0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 13.83 FEET AT 24.75 HOURS MAXIMUM DISCHARGE WAS .4 CFS AT 24.75 HOURS HAMILTON GREENS BASIN 1 C -VI1 SANTA BARBARA PROGRAM PROJECT NAME ....: HAMILTON GREENS REVIEWER ......: WILLIAM C. McANLY PROJECT AREA ....: '11.61 ACRES GROUND STORAGE .. , : 1.37 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: .70 HOURS DISTRIBUTION TYPE..: SFWMD RETURN FREQUENCY ..: 25.00 YEARS RAINFALL DURATION..: 3 -DAY 24 -HOUR RAINFALL ..: 8.20 INCHES REPORTING SEQUENCE , : STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .08 .00 12.75 1.28 .18 13.00 1.98 .23 13.25 214 .27 13.50 3.58 .31 13,75 4.48 .35 14.00 5.53 .38 14.25 6.67 .40 14.50 7.89 .43 14.75 9.19 .61 15.00 10.69 2.75 15.25 12.40 6.14 15.50 14332 10.42 15.75 16.44 15.43 16.00 18.74 21.07 mda Item loo. SA ebrury 13 2007 Page 132 of 151 Section 12 Statement of Utility Provisions page 23 of 38 Collier County, Florida r,aene7rdu`- !'em Leo_ SA Fuary , 20G'7 ':�agv , 33 c 1 151 ------ RESERVOIR - - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .20 .00 .0 .0 .0 .0 .0 .0 .00 8.00 .40 .01 .1 .0 .0 .0 .0 .0 .83 12.00 .60 .06 .2 .0 .0 .0 .0 .0 7.28 16.00 .80 .15 .3 .1 .1 .0 .0 .0 12.27 20.00 1.00 .25 .3 .2 .2 .0 .0 .0 12.31 24.00 1.20 .37 .4 .3 .3 .0 .0 .0 12.35 28.00 1.49 .57 .6 .5 .5 .0 .1 .0 12.42 32.00 1.78 .79 .7 .7 .7 .0 .1 .1 12.49 36.00 2.07 1.02 .7 .9 .9 .0 .1 .1 12.57 40.00 2.36 1.26 .7 1.2 1.0 .2 .1 .1 12.65 44.00 2.65 1.51 .7 1.4 1.2 .2 .2 .2 12.73 - - - - - -R E S E R V O I R - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 48.00 2.94 1.76 .8 1.7 1.4 .3 .2 2 12.80 52.00 3.31 2.09 1.1 2.0 1.7 .3 .2 .2 12.88 56.00 4.07 2.79 2.5 2.6 2.2 .4 .2 .2 13.05 58.00 4.69 3.37 3.6 3.1 2.6 .5 .3 .2 13.20 59.00 5.15 3.81 4.8 3.4 3.0 .4 .3 .3 13.30 59.50 5.56 4.20 6.7 3,6 3.2 .4 .3 .3 13.36 59.75 6.79 5.38 14.5 3.9 3.5 .4 .3 .3 13.43 60.00 8.32 6.88 29.1 4.5 4.1 .4 .3 .3 13.56 60.50 8.92 7.46 27.1 5.8 5.3 .5 .4 .3 13.88 61.00 9.23 7.77 17.6 6.6 6.1 .5 .4 .4 14.09 62.00 9.65 8.18 7.9 7.5 7.0 .5 A .4 '14.29 64.00 10.16 8.68 3.2 8.2 7.6 .6 .4 .4 14.44 68.00 10.75 9.26 1.7 8.9 8.1 .8 .5 .4 '14.54 72.00 11.14 9.65 1.1 9.3 8.4 .9 .5 .5 14.59 80.0011.14 9.65 .0 9.3 8.1 1.2 .5 .5 14.54 88-0011-14 9.65 .0 9.3 7.8 1.5 A A 14.49 96.00 11.14 9.65 .0 9.3 7.5 1.8 .4 A 14.43 104.00 11.14 9.65 .0 9.3 7.3 2.0 .4 .4 14.37 1120011.14 9.65 .0 9.3 7.0 2.3 A .4 14.32 120.0011,14 9.1;5 .0 9.3 6.7 2.6 .4 .4 14.26 128.00 11.14 9.65 .0 9.3 6.5 2.8 .4 .4 14.21 136.00 11.14 9.65 .0 9.3 6.2 3.1 .4 .4 14.15 144.00 11.14 9.65 .0 9.3 5.9 3.4 .4 .4 14.09 '152.0011.14 9.65 .0 9.3 5.7 3.6 .4 .4 14,04 160.00 11.14 9.65 .0 9.3 5A 3.9 .4 .4 13.98 168.00 11.14 9.65 .0 9.3 5.2 4.1 .4 .4 13.92 1-176.00 11.14 9.65 A 9.3 5.0 4.3 .4 .4 13.86 184.00 11.14 9.65 .0 9.3 4.7 4.6 .4 .4 13.81 192.00 11.14 9.65 .0 9.3 4.5 4.8 .3 .4 13.75 Section 12 Statement of U1111ty Provisions Page 24 of 38 Collier County, Florida 200.00 11.14 9.65 .0 9,3 4.3 5.0 .3 .3 13.69 208-00 11.14 9.65 .0 9.3 4.0 5,3 .3 .3 13.62 216.00 11.14 9.65 .0 9.3 3.8 5.5 .3 .3 13.57 224.00 11.14 9.65 .0 9.3 3.6 5.7 .3 .3 13.51 232.00 11,14 9.65 .0 9.3 3.4 5.9 .3 .3 13.45 240-00 11.14 9.65 .0 9.3 3.2 6.1 .3 .3 13.39 248.00 11.14 9.65 .0 9.3 3.0 6.3 .3 .3 13,33 256.00 11.14 9.65 .0 9.3 2.8 5.5 .3 .3 13.28 264.00 11.14 9.65 .0 9.3 2.7 6.6 .3 .3 13.22 272.00 11.14 9.65 .0 9.3 2.5 6.8 .3 .3 13.17 280.00 11.14 9.65 .0 9.3 2.3 7.0 .2 .3 13.11 288.00 11.14 9.65 .0 9.3 2.2 7.1 .2 .2 13.06 296.00 11.14 9.65 .0 9.3 2.0 7.3 .2 .2 13.01 304.00 11.14 9.65 .0 9.3 1.8 7.5 .2 .2 12.95 312.00 11.14 9.65 .0 9.3 1.7 7.6 .2 .2 12.90 - - - - -- R ES E R V 0 1 R - - - - - RAIN ACCUM. BASIN .ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 320.00 11.14 9.65 .0 9.3 1.6 7.7 .2 .2 12.85 328.00 11.14 9.65 .0 9.3 1.4 7.9 .2 .2 12.81 336.00 11.14 9.65 .0 9.3 1.3 8,D .2 .2 12.76 344.00 11.14 9.65 .0 9.3 1.2 8.1 .2 .2 12.72 352.00 11.14 9.65 .0 9.3 1.1 8.2 .2 .2 12.67 360.00 11.14 9.65 .0 9.3 1.0 8.3 .1 .1 12.63 368.00 11.14 9.65 .0 9.3 .9 8.4 A .1 12.60 376.00 11.14 9.65 .0 9.3 .8 8.5 .1 11 12.56 384.00 11.14 9.65 .0 9,3 .8 8.5 .1 .1 12.53 392.00 11.14 9.65 .0 9.3 .7 8.6 .1 .1 12.51 400.0011.14 9.65 .0 9.3 .6 8.7 .1 .1 12.48 408.D611.14 9.65 .0 9,3 .6 8.7 .1 .1 12.46 416.00 11.14 9.65 .0 9.3 .5 8.8 .1 .1 12.44 424.00 11.14 9.65 .0 '9.3 .5 8.8 .1 .1 12.42 432.00 11.14 9.65 .0 9.3 .5 8.8 .1 .1 12.41 440.00 11.14 9,65 .0 9.3 A 8.9 .1 .1 12.39 448.00 11.14 9.65 .0 9.3 .4 8.9 .0 .0 12.38 456,00 11.14 9.65 .0 9.3 .4 8.9 .0 .0 12.37 464.00 11.14 9,65 .0 9.3 .3 9.0 .0 .0 12.36 472.00 11.14 9.65 .0 9.3 .3 9,0 .0 .0 12.35 480.00 11.14 9.65 .0 9.3 .3 9.0 .0 .0 12.34 488.00 11.14 9.65 .0 9.3 .3 9.0 .0 .0 12.33 496.00 11.14 9.65 .0 9.3 .3 9.0 .0 .0 12.32 504.00 11.14 9.65 .0 9,3 2 9.1 .0 .0 12.31 512.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.31 520.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.30 528.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.30 536.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.29 544.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.29 552.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.29 mda Item No. &A ebruary 13; 2007 Page 134 of 151 Section 12 Statement of Utility Provisions Page 25 of 38 Collier County, Florida voenr a item Nic ,JA February 13. 2007 Pa.�a 1 v:.: r 1 u 1 SUMMARY INFORMATION MAXIMUM STAGE WAS 14.59 FEET AT 72.75 HOURS MAXIMUM DISCHARGE WAS .5 CFS AT 72.75 HOURS HAMILTON GREENS BASIN 1 C -XI SANTA BARBARA PROGRAM PROJECT NAME ....: HAMILTON GREENS REVIEWER ......: WILLIAM C. McANLY PROJECT AREA ....: 11.61 ACRES GROUND STORAGE ...: 1.37 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: .70 HOURS DISTRIBUTION TYPE..: SFWMD RETURN FREQUENCY ..: 100.00 YEARS RAINFALL DURATION- 3 -DAY 24 -HOUR RAINFALL ..: 10.40 INCHES REPORTING SEQUENCE .: STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .08 .00 12.75 1.28 .00 13.00 1.98 .00 13.25 2.74 .00 13.50 3.58 .00 13.75 4.48 .00 14.00 5.53 00 14.25 6.67 .00 14.50 7.89 .00 14.75 9.19 .00 15.00 10.69 .00 15.25 12.40 .00 15.50 14.32 .00 15.75 16.44 .00 16.00 18.74 .00 - - - - - -R E S E RV 01 R - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (1N) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .25 .00 .0 .0 .0 .0 .0 .0 .00 8.00 .51 .03 .2 .0 .0 .0 0 .0 3.25 12.00 .76 .13 .3 .1 .1 .0 .0 .0 12.26 16.00 1.01 .2.6 A .2 .2 .0 .0 .0 12.31 Section 12 Statement of Utility Provisions Page 26 of 38 Collier County, Florida p o--ud Itnm Uo. 3A February 13, 2007 Page 136 of 151 20.00 1.27 .42 .5 .4 A .0 .0 .0 12.37 24.00 1.52 .59 .5 .5 .5 .0 .0 .0 12.44 28.00 1.89 .87 .8 .8 .8 .0 .0 .0 12.54 32.00 2.2.6 1.17 .9 1.1 1.1 .0 .0 .0 12.66 36.00 2.63 1.49 .9 1.4 1.4 .0 .0 .0 12.78 40.00 3.00 1.81 1.0 1.7 1.7 .0 A .0 12.90 44.00 3.36 2.14 1.0 2.0 2.0 .0 .0 .0 13.01 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 48.00 3.73 2.48 1.0 2.3 2.3 .0 .0 .0 13.12 52.00 4.20 2.91 1.4 2.7 2.7 .0 .0 .0 13.24 56.00 5.16 3.81 3.2 3.5 3.5 .0 .0 .0 13.47 58.00 5.95 4.57 4.6 4.1 4.1 .0 .0 .0 13.64 59.00 6.53 5.13 6.1 . 4.6 4.6 .0 0 .0 13.76 59.50 7.05 5.64 8.6 4.9 4.9 .0 .0 .0 13.83 59.75 8.61 7.16 18.6 5.3 5.3 .0 .0 .0 13.90 60.00 10.56 9.07 37.3 6.1 6.1 .0 .0 .0 14.04 60.50 11.32 9.82 34.8' 7.7 7.7 .0 .0 .0 14.38 61.00 11.71 10.21 22.5 8.7 8.7 .0 .0 .0 14.61 62.00 12.24 10.74 10.1 9.9 9.9 .0 .0 .0 14.84 64.00 12.89 11.38 4.0 10.8 10.8 .0 .0 .0 15.01 68.00 13.63 12.12 2.2 11.6 11.6 .0 .0 .0 15.13 72.00 14.13 12.61 1.5 121 12.1 .0 .0 .0 15.21 SUMMARY INFORMATION MAXIMUM STAGE WAS 15.21 FEET AT 72.00 HOURS MAXIMUM DISCHARGE WAS .0 CFS AT .00 HOURS Section 12 Statement of Utility Provisions Page 27 of 38 Collier County, Florida n n } e e BA Feb7uary o. 13, 20Ci7 Page 137 of 1571 SECTION D DESIGN COMPUTATIONS FOR BASIN II Total 2,31 Impervious Area: Residential Areas = 0.38 Ac. Paving /Driveways - C.54 Ac. Total Impervious Area - 0.92 Ac. Lakes 0.46 Pervious Area Net Project - 2,31 Impervious and Lakes and Detent. _ -1.38 Total Pervious Area = 0,93 (39.8 %) (19.9 %) (59.7 %) (40.3%) Section i2 Statement of Utility Provisions Page 28 of 38 DEVCON LIVINGSTON LAKES BASIN II SECTION B DESIGN COMPUTATIONS 1. Land Use Summary: Total Property Area = 29.68 Ac.(100 %) Water Management Area = 2.31 Ac.(100 %) Description Total Area (Ac. Paving /Sidewalks /Roads 0.54 Lake 0.46 Multi- Fami €y /Common Bldgs 0.38 Open Area- Littoral 0,03 Open Space 0.90 Total 2,31 Impervious Area: Residential Areas = 0.38 Ac. Paving /Driveways - C.54 Ac. Total Impervious Area - 0.92 Ac. Lakes 0.46 Pervious Area Net Project - 2,31 Impervious and Lakes and Detent. _ -1.38 Total Pervious Area = 0,93 (39.8 %) (19.9 %) (59.7 %) (40.3%) Section i2 Statement of Utility Provisions Page 28 of 38 Collier County, Florida Acaenda item No. 8A i- 75ruary FT, 2007 Page 138' of 151 Site Grading /Storage: Average Undeveloped Site Grade Control Elevation Paving /Driveways 0,54 Ac. Lakes 0.46 Ac. Littoral Area 0.03 Ac. Open Space 0.90 Ac. Average Developed Site Grade III. Sol[ Storage: Average Site Grade Control Elevation Depth to Water Table SFWMD Soil = 12.25 ft. NGVD = 12,25 ft. NGVD @Elevation 14,00- 15.80 ft. NGVD @Elevation 12.25 ft. NGVD @Elevation 12.25- ft. NGVD @Elevation 12.25- 15.65 ft. NGVD ft. NGVD Storage = 1,39 "x 0.75 (75% for developed site) Ground Storage: 1.04 "x 0,93Ac.x V/12" S = 1.04 "x %perviouS - 1.04 "x 0.40 IV. Site Storage: See attached Stage Storage Computations in Appendix "A" ft. 13.78 NGVD ft. 13.78 NGVD ft. 12.3 NGVD 1.53 ft. 1.04" 0.08 AF 0,4197' Section 12 Statement of Utility Provisions Page 29 of M Collier C:ounly, Florida 2.96 AF 2.96 Agenda itern No. SA . 13.58 ft. NGVD 2.63 rursr fjl .J. 2007 _[P - 0.2Sr - _L__14 18 _ 0.2 0.42)] z = 196.28 Page 1 ✓,0 of "�51 [P + 0.8S] [ 14.08+ O.B( 0.42)] 14.38 = 13.65 Inches _ (13.65" x 1712 ") x 2.31 Ac, = 2.63 AF 2.63 AF = => Elevation 14.9 ft. NGVD 10 Year / 1 -Day Peak Stage = 13.45 ft. NGVD Minimum Parking Lot Elev. = 1145 ft. NGVD 25 Year / 3 -Day Pear Stage 14.00 ft. NGVD Minimum center line of Roads (2' above cont) = 14,25 ft. NGVD 100 Year / 3 -Day Peak Stage (0 Discharge) - 14.89 ft. NGVD Min. F.F. Elev, as Required greater than 14.50' NGVD Varies FEMA Flood Insurance Map - Zone "X" Panel No, 120067 0195D, June 3, 1986 Collier County, Florida 25 -Year / 3 -Day Peak Discharge = 0.30 cfs Weir Structure: One (1): Berm Elevation = 7.80 14,00 ft, NGVD Weir Crest = 14.00 ft. NGVD Bleeder Structures One (1): Circular Orfice _ 3" Invert Elevation 12 25 ft NGVD Natural Average Grade 100 -Year, 3 -Day Rainfall 100 -Year, 3 -Day Runoff: 14.08" x 1712" 12.3 ft, NGVD 14.08 inches x 2.31 Ac, _ 100 -Year, 3 -Day Storage 100 -Year, 3 -Day Flood Elevation: AF (2.96 / 2.31 Ac.) + Developed Site: 100 -Year, 3 -Day Runoff 100 -Year, 3 -Day Flood Elevation 12.3' _ Section 12 Statement of Utility Provisions Page 30 of 38 2.96 AF 2.96 AF 13.58 ft. NGVD 2.63 AF 14.89 ft. NGVD Section 12 Statement of Utility Provisions Page 30 of 38 CollierCounly, Florida SECTION E HYDROGRAPHS FOR BASIN fl HAMILTON GREENS E -1 BASIN 2 Stage - Storage Computations nda Item No. 8A .oruary 13, 2007 Page 140 of 151 Total Storage ac -ft 0.01 0.15 0.47 0.53 1.30 1.83 2.52 3.36 4.31 Section 12 Statement of Utility Provisions Page 31 of 38 0.95 Stage 0.55 AC 0.64 AC AC Feet PAVING LAKE Open Area NGVD Storage Storage Storage ac -ft ac -ft ac -ft * *i * ** 15.55 * . ** * * * ** * 15.8 ** 14.1.5 ` * * * ** -- 12.25 _ _ - - - - -- **�� *_ 12.25 12.25 0.00 0.01 0.00 12.50 0.00 0.03 0,12 13.00 0.00 0.12 0.35 13,50 0.00 0.28 0.25 14.00 0.00 0.49 0.81 14.50 0.02 0.77 1.04 15.00 0.14 1.11 1.27 15,50 0.35 1.51 1.50 16.00 0.62 1.96 1.73 nda Item No. 8A .oruary 13, 2007 Page 140 of 151 Total Storage ac -ft 0.01 0.15 0.47 0.53 1.30 1.83 2.52 3.36 4.31 Section 12 Statement of Utility Provisions Page 31 of 38 WEIR LENGTH WEIR ELEVATION WEIR COEFFICIENT TYPE OF BLEEDER SLOT SLOT INVERT ELEV, ORIFICE DIAMETER Collier County, Florida HAMILTON GREENS E -II BASIN 2 DISCHARGE COMPUTATIONS 4.42 FT. 14.1 FT. NGVD 3.13 CIRCLE 12.25 FT. NGVD .25 FT. PIPE DATA DIAMETER 1.5 FT. LENGTH 39 FT, N- VALUE 0.15 )enda Item Niio. 3,4 reueua J.. 20,'57 Page 14' of 151 WEIR FLOW IN CFS STAGE WEIR BLEEDER TOTAL PIPE TOTAL FLOW FLOW 12.25 0.00 0.00 0.00 0.00 0.00 12.50 0.00 0.08 0.08 4.54 0.08 13.00 0.00 0.19 0.19 7.86 0.19 13.50 0.00 0.25 0.25 10.14 0.25 14.00 0.00 0.30 0.30 12.00 0,30 14.50 3.50 0.34 3.84 13.61 3.84 15.00 11.81 0.38 12.19 15.04 12.19 15.50 22.92 0.42 23.34 16.35 16.35 16.00 36.23 0.45 36.68 17.57 17.57 16.50 51.44 0.48 51.92 18.70 18.70 17.00 6832 0.51 68,83 1 9.77 1 9.77 Section 12 Statement of Utility Provisions Page 32 of 38 Collier County, Florida Aoenda Item No. 8A February 13, 2007 Wage 142 of 151 HAMILTON GREENS BASIN - 2 E -IU SANTA BARBARA PROGRAM PROJECT NAME ....: HAMILTON GREENS REVIEWER ......: WILLIAM C. McANLY PROJECT AREA ....: 2.31 ACRES GROUND STORAGE ...: 1.04 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION : .10 HOURS DISTRIBUTION TYPE.. - SFWMD RETURN FREQUENCY ..: 5.00 YEARS RAINFALL DURATION..: 1 -DAY 24 -HOUR RAINFALL ..: 5.50 INCHES REPORTING SEQUENCE .: STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .01 .00 12.50 .16 .08 13.00 .49 .19 13.50 .90 .25 14.00 1.35 .30 14.50 1.90 3.84 15.00 2.60 12.19 15.50 3.46 23.34 16.00 4.42 36.68 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM, INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .DO .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .25 .00 .0 .0 .0 .0 .0 .0 .14 8.00 .75 .19 .2 .0 .0 .0 .0 .0 12.29 10.00 1.17 .46 .4 .1 .1 .0 .0 .0 12.36 11.00 1.48 .70 .6 .1 .1 .0 .1 .0 12.42 11.50 1.75 .92 1.1 .2 .2 .0 ,1 .1 12.48 11.75 2.58 1.65 4.2 .3 .2 .1 .1 .1 12.56 12.00 3.61 2.60 8.2 ,4 .4 .0 .1 .1 12.75 12.50 4.01 2.98 1.4 .6 .5 .1 .2 .2 13.04 13.00 4.22 3.18 .9 .6 ,6 .0 .2 .2 13.09 14.00 4.50 3.45 .6 .7 .6 A .2 .2 13.14 16.00 4.84 3.78 .4 .7 .6 .1 ,2 .2 13.18 20.00 5.24 4.17 .2 .8 .6 .2 .2 .2 13.19 24.00 5,50 4.42 .1 .9 .6 .3 .2 .2 13.17 30.00 5.50 4.42 .0 .9 .5 ,4 .2 .2 13.05 36.00 5.50 •4.42 .0 .9 .4 .5 .2 .2 12.92 42.00 5.50 4.42 .0 .9 .4 .5 .1 .2 12.80 48.00 5.50 4.42 .0 .9 .3 .6 1 1 12.70 54.00 5.50 4,42 .0 .9 .2 .7 .1 .1 12.6 Section 12 Statement of Utility Provisions Page 33 of 38 Collier County, Florida ---- RESERVOIR - - - - - RAIN ACCUM. BASIN ACCUM, ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 60.00 5,50 4.42 .0 .9 .2 .7 .1 .1 12.54 66.00 5.50 4,42 0 .9 .1 .8 .1 ,1 12.48 72.00 5.50 4.42 .0 .9 .1 .8 ,1 ,1 12.42 78.00 5.50 4.42 .0 .9 .1 .8 .0 .0 12.38 84.00 5.50 4.42 .0 .9 .1 .8 .0 .0 12.35 90.00 5.50 4.42 .0 .9 .1 .8 .0 .0 12.33 96.00 5.50 4.42 .0 .9 .0 .9 .0 .0 12.31 102.00 5.50 4.42 .0 .9 .0 .9 .0 .0 12.30 108.00 5.50 4.42 .0 .9 .0 .9 ,0 .0 12.29 111.25 5.50 4.42 .0 .9 .0 .9 .0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 13.19 FEET AT 20.00 HOURS MAXIMUM DISCHARGE WAS .2 CFS AT 20.00 HOURS HAMILTON GREENS BAS I N2 E -VI SANTA BARBARA PROGRAM PROJECT NAME . , ... HAMILTON GREENS REVIEWER ...... ; WILLIAM C. McANLY PROJECT AREA .. .: 2.31 ACRES GROUND STORAGE ... ; 1.04 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: 10 }-LOURS DISTRIBUTION TYPE..: SFWMD RETURN FREQUENCY . , : 10.00 YEARS RAINFALL DURATION..: 1 -DAY 24 -HOUR RAINFALL , .: 6.80 INCHES REPORTING SEQUENCE .: STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .01 ,00 12.50 .16 .08 13.00 .49 .19 13.50 .90 .25 14.00 1,35 .30 14.50 1.90 3.84 15.00 2.60 12.19 15.50 3.46 23,34 16.00 4.42 36.68 enda Item, N-- SA Page 143 of 151 Section 12 Statement of Utility Provisions Page 34 of 38 Collier County, Florida V Aaenda Item No. 6A Feoruary 13, 2007 Page 144 of 151 --- - - - P.E S E R V O I R - - - - - RAINACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (A;=) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .31 .01 .0 .0 0 .0 .0 0 1.28 8.00 .93 .30 .3 A .1 .0 .0 .0 12.32 10.00 1.45 .67 .5 .1 .1 .0 A .0 12.42 11.00 1.83 .99 .9 .2 .2 .0 .1 .1 12.50 11.50 2.17 1.28 1.4 .2 .2 A 1 1 12.57 11.75 3.19 2.21 5A .3 .3 .0 .1 .1 12.67 12.00 4.46 3.42 10.5 .6 .5 .1 .2 .1 12.91 12.50 4.96 3.90 1.8 .7 .7 .0 .2 .2 13.23 13.00 5.22 4.15 1.1 .8 .7 .1 .2 .2 13.30 14.00 5.56 4,48 .7 .9 .8 .1 .2 .2 13.37 16.00 5.98 4.89 .5 .9 .8 .1 .2 .2 13.42 20.00 6.47 5.37 3 1.0 .9 .1 .2 .2 13.44 24.00 6.80 5.69 .2 1.1 .8 .3 .2 .2 13.42 30.00 6.80 5.69 .0 1.1 .7 A .2 .2 13,28 36.00 6.80 5.69 .0 1.1 .6 .5 .2 .2 13.15 42.00 6.80 5.69 .0 1.1 .5 .6 .2 .2 13.03 48.00 6.80 5.69 .0 1.1 .4 .7 .2 .2 12.90 54.00 6.80 5.69 0 1.1 .3 ,8 .1 .2 12.79 ------ RESERVOIR - - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 60.00 6,80 5.69 .0 1.1 .3 .8 .1 .1 12.69 66.00 6.80 5.69 .0 1,1 ,2 .9 .1 .1 12.60 72.00 6.80 5.69 .0 1.1 .2 .9 ,1 .1 12.53 78.00 6.80 5.69 .0 1.1 .1 1.0 .1 .1 12.47 84.00 6.80 5.69 ,0 1.1 .1 1.0 .1 .1 12.42 90.00 6.80 5.69 .0 1.1 .1 1.0 .0 .0 12.38 96.00 6.80 5.09 .0 1.1 .1 1.0 .0 .0 12.35 102.00 6.80 5.69 .0 1.1 .1 1.0 .0 .0 12.33 108,00 6.80 5.69 .0 1.1 .0 1.1 .0 .0 12.31 114,00 6.80 5.69 .0 1.1 .0 11 .0 .0 12.29 120.00 6.80 5.69 .0 1.1 .0 1.1 .0 .0 12,28 122.25 6.80 5.69 .0 1.1 .0 1.1 .0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 13.44 FEET AT 20.25 HOURS MAXIMUM DISCHARGE WAS .2 CFS AT 20.25 HOURS Section 12 Statement of Utility Provisions Page 35 of 38 Collier County, Florida J Acenda Item No. Sa, 7 e b r nary 'i ;s. 2007 Page 145 of 151 HAMILTON GREENS BASIN - 2 E -VII SANTA BARBARA PROGRAM PROJECT NAME ...... HAMILTON GREENS REVIEWER . , ....: WILLIAM C. McANLY PROJECT AREA , ...: 2.31 ACRES GROUND STORAGE .... 1.04 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: .10 HOURS DISTRIBUTION TYPE..: SFWMD P.ETURN FREQUENCY , .: 25.00 YEARS RAINFALL DURATION..: 3 -DAY 24 -HOUR RAINFALL ..: 8.20 INCHES REPORTING SEQUENCE .: STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .01 .00 12.50 .16 .08 13.00 ,49 .19 13.50 .90 .25 14.00 1.35 .30 14.50 1.90 3.84 15,00 2.60 12.19 15.50 3.46 23.34 16.00 4.42 36.68 - -- - RESERVOIR - - -- - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .20 .00 .0 .0 .0 .0 .0 .0 .00 8.00 ,40 .03 .0 .0 .0 .0 .0 .0 6.26 12.00 .60 .11 .1 .0 .0 .0 .0 .0 12.27 16.00 .80 .21 A .0 .0 .0 .0 .0 12.29 20.00 1,00 .34 .1 1 .1 .0 .0 ,0 12.32 24.00 1.20 .48 .1 ,1 A .0 .0 .0 12,35 28.00 1.49 .71 .1 .1 .1 .0 .0 .0 12.40 32.00 1.78 .95 .1 .2 .1 .1 .1 .1 12.45 36.00 2.07 1.20 1 .2 .2 .0 .1 .1 12.49 40.00 2.36 1.45 .2 .3 .2 .1 ,1 .1 12.52 44.00 2.65 1.72 .2 .3 .2 .1 .1 .1 12.56 48.00 2.94 1.98 .2 .4 .2 .2 .1 .1 12.59 52.00 3.31 2.33 .3 .4 .2 .2 .1 1 12.63 56.00 4.07 3.04 ,5 ,6 .3 .3 .1 .1 12.77 58.00 4.69 3.64 .8 .7 .4 .3 .2 .2 12.90 59.00 1.15 4.08 1.2 .8 .5 3 .2 .2 13.00 59.50 5.56 4.48 1.9 .8 .6 .2 .2 .2. 13.07 Section 12 Statement of Utility Provisions Page 36 of 38 Collier County, Florida v .Agenda Item No. 3A reDruary 73, 2007 Page 146 of 151 59.75 6.79 5,68 7,0 1.0 .7 3 .2 .2 13,11 ------ RESERVOIR - - - -- RAIN ACCUM, BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (H R) (IN) (IN) (CPS) (AF) (AF) (AF) (CPS) (CFS) (FT) 60.00 8.32 7.19 13,3 1.3 1.0 .3 .2 .2 13.42 60.50 8.92 7.78 2.2 1,5 1.2 .3 .3 .3 13.78 61.00 9.23 8.09 1.4 1.5 1.2 .3 .3 .3 13.85 62.00 9.65 8.51 .9 1.6 1,3 .3 .3 .3 13,92 64.00 10.16 9.01 .6 1.7 1.3 A .3 .3 13,98 68.00 10.75 9.60 .3 1.8 1.4 .4 .3 .3 14.00 72.00 11.14 9.99 .2 1.9 1.3 .6 .3 .3 13.98 80.00 11.14 9.99 .0 1.9 1.1 .8 .3 .3 13,77 88.00 11.14 9.99 .0 1.9 1.0 .9 .3 .3 13.58 96.00 11.14 9.99 .0 1.9 .8 1.1 .2 .2 13.38 104.00 11.14 9,99 .0 1.9 .7 1.2 .2 .2 13.20 112.00 11.14 9.99 .0 1.9 .5 1.4 .2 .2 13.04 120.00 11.14 9.99 .0 1.9 .4 1.5 .2 .2 12.87 128.00 11.14 9.99 .0 1.9 .3 1.6 .1 .1 12.72 136.00 11.14 9.99 .0 1.9 .2 1.7 .1 ,1 12.61 144.00 11.14 9.99 .0 1.9 .2 1.7 .1 1 12.51 152.00 11.14 9.99 .0 1.9 .1 1.8 .1 .1 12.44 160.00 11.14 9.99 .0 1.9 .1 1.8 .0 .1 12.36 168.00 11.14 9.99 .0 1.9 .1 1.8 .0 .0 12.34 176.00 11.14 9.99 .0 1.9 .0 1.9 .0 .0 12.31 184.00 11,14 9.99 .0 1.9 .0 1.9 .0 .0 12.30 192.00 11.14 9.99 .0 1.9 .0 1.9 .0 .0 12.28 192.75 11.14 9.99 .0 1.9 .0 1.9 .0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 14.00 FEET AT 68.00 HOURS MAXIMUM DISCHARGE WAS .3 CPS AT 68.00 HOURS HAMILTON GREENS BASIN - 2 E -XI SANTA BARBARA PROGRAM PROJECT NAME . , . , : HAMILTON GREENS REVIEWER ......: WILLIAM C. McANLY PROJECT AREA ....: 2.31 ACRES GROUND STORAGE . , .: 1.04 INCHES TERMINATION DISCHARGE : .01 CPS TIME OF CONCENTRATION: .10 HOURS DISTRIBUTION TYPE , .: SFWMD RETURN FREQUENCY .: 100.00 YEARS RAINFALL DURATION.. 3 -DAY 2.4 -HOUR RAINFALL ..: 10.40 INCHES REPORTING SEQUENCE .: STANDARDIZED Section 12 Statement of Utility Provisions Page 37 of 38 Collier Countv. Florida~ STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .01 .00 12.50 .16 .00 13.00 .49 .00 13.50 .90 .00 14.00 1.35 ,00 14.50 1.90 00 15.00 2.60 .00 15.50 3.46 .00 16.00 4.42 .00 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM ACCUM, INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (I N) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 ,00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .25 .00 .0 ,0 .0 .0 .0 .0 .23 8.00 .51 .07 .1 ,0 ,0 .0 .0 .0 12.25 12.00 ,76 .19 .1 .0 .0 ,0 .0 ,0 '12.29 16.00 1.01 .35 A ,1 .1 .0 .0 .0 12.34 20,00 1.27 .53 .1 .1 ,1 .0 .0 .0 12.40 24.00 1.52 .73 .1 .1 .1 .0 .0 .0 12.46 28.00 1.89 1.04 .2 .2 .2 .0 .0 .0 12.55 32.00 2.26 1.36 .2 .3 3 .0 .0 .0 12.65 36.00 2.63 1,69 .2 .3 .3 .0 .0 .0 12.75 40.00 100 2.03 .2 ,4 .4 ,0 .0 .0 12.84 44.00 3.36 2.37 .2 .5 .5 .0 .0 .0 12.94 48.00 3.73 2.72 .2 .5 .5 .0 ,0 .0 13,04 52.00 4,20 3.17 .3 .6 .6 .0 .0 .0 13.14 56.00 5.16 4.09 .7 .8 .8 .0 .0 .0 13.35 58.00 5.95 4,66 1.0 .9 .9 ,0 .0 .0 13.52 59.00 6,53 5.43 1.5 1.0 1.0 .0 .0 .0 13.63 59.50 7.05 5.94 2.4 1,1 1.1 .0 .0 .0 13.72 59.75 8.61 7.48 9.0 1.3 1,3 .0 .0 ,0 13.85 -- - - - -RE SE.R V OI R - - - -- RAIN ACCUM, BASIN ACCUM. ACCUM, INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 60-00 10.56 9.40 16.9 1.7 1.7 .0 .0 .0 14.12 60.50 11.32 10.16 2.8 1.9 1.9 _0 .0 ,0 14,50 61.00 11.71 10.55 1.7 2.0 2.0 ,0 .0 .0 14.57 62.00 12.24 11.08 1.1 2A 2.1 ,0 .0 .0 14.65 64.00 12.89 11.7 2 .7 2.2 2,2 ,0 .0 .0 14.74 68,00 13.63 12.46 A 2.4 2.4 .0 .0 .0 14.85 72.00 14.13 12-96 .3 2.5 2.5 0 .0 .0 14.92 SUMMARY INFORMATION MAXIMUM STAGE WAS 14.92 FEET AT 72.00 HOURS MAXIMUM DISCHARGE WAS .0 CFS AT .00 HOURS nda Henn ND. SA :r- ,ruary ;T 2907 Page 147 of 151 Section 12 Statement of Utility Provisions Page 38 of 38 to �L >o Collier County, Florida SECTION 15 ARCHITECTURE OF PROPOSED STRUCTURES !nda Item No. 8A �oruary i.3; 2007 Page 148 of 151 0 -:r 0 c�1 0 0 LC- » a o 00 � md�oa. AQ��A d N G.ta+p� Section 15 Architecture of Proposed Structures Page 1 of 4 I iMWiIL I I'IN l]nG C1v. , rul_/ Cnlfier County, Florida ARCHITECTURE OF PROPOSED STRUCTURES um m MEN, iinmaxw ■■ 11 a a 70T,MMI=MJMMMMmmwml fl v 0 N O rw Q1 W nda item No. SA, Page 149 of `51 Section 15 Architecture of Proposed Structures Page 2 of 4 I Ir�IY IILI VIV VI�I.LtV.1, I'I, /IJ Collier Couniy, Florida Agenda Item No. 8A ' I W I y I 2007 Page 100 of 151 ARCHITECTURE OF PROPOSED STRUCTURES 0 �r o. N O r� O Section 15 Archileoture of Proposed Structures Page 3 of 4 Collier County, Florlda �gen--a item No. ag e, 151 1 o f ARCHITECTURE OF PROPOSED STRUCTURES -4- -4 c> m w 4-- Q Section 15 -- lecture Page 4 of 4 Agenda Item No. 813 February 13, 2007 ?age 1 of 203 EXECUTIVE SUMMARY PETITION PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Mantes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the I- 75 /Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C- 4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and I -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developer's Contribution Agreement OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone from Planned Unit Development known as the I -75 /Alligator Alley to I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) for the purpose of revising the PUD document. CONSIDERATIONS: In 1987, the subject 40.8 acre I -75 /Alligator Alley PUD (Ordinance No. 89 -82) was approved permitting a mix of residential, commercial and industrial uses. The current proposal is a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD), for the purpose of reducing the size of the preserve /water management area from 15 acres currently required by the PUD to 10.58 acres. This petition also proposes to revise the PUD document to include the following: providing 15 percent of the total site /vegetated area to be retained on -site, eliminate residential uses as a permitted use in the PUD, adding commercial uses from the list of C -1 through C -4 uses as provided in the Land Development Code, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, as well as revising the circulation system to accommodate the proposed plan. Other changes include limiting the maximum square footage of gross leasable floor area to 265,000 square feet of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocating the existing western entrance approximately 50 feet farther to the east, and deleting the 50 -foot perimeter setback. PUDZ -A- 2004 -AR -6417 Page I of 5 Agerlda Itarr, fro. gE3 FeNruary '13, 2007 Page 2 of 2G3 Of the total site area, the project provides approximately 11.4 acres for the Preserve /Water Management Area, with the balance of the property designated for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan. The westernmost access will be a full access point and the eastern entrance will be a right in /right out access point. An interconnection is proposed to the adjacent East Gateway PUD, a non - residential PUD. 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 (GMP) 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 impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses, residential and non - residential uses, institutional uses, business parks, hotel/motel uses at a density consistent with the Land Development Code which shall be determined during the rezoning process, industrial uses are authorized in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses; however 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore; only 3.6 acres have to qualify, under the Activity Center #9 criteria. Since 8 PUDZ -A- 2004 -AR -6417 Page 2 of 5 Agenda Item No. 83 February 13, 2007 Page 3 of 203 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. In addition, the PUD requests 107 motel/hotel units. There are, presently, 107 existing motel units on the subject property that were approved at a density of 26 units per acre pursuant to Ordinance 89 -82. HoteLlmotel uses are allowed within the activity centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel/motel uses were amended to delete the density of 26 units per acre and replaced with a Floor Area Ratio (FAR) of 0.60. If this FAR does not provide for the existing approved density, then an interpretation of Policies 51 and 5.9 could provide for the existing density to remain. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Ma; �,r Plan. Transportation Element: The Transportation Planning Department has reviewed the Petitioner's Tra;-: is Impact Statement (TIS) and has determined that the proposed rezone will generate 4,670 .'.verage Daily Trips at the build out of the project in 2006. As a result, this petition would he consistent with Policies 5.1 and 5.2 of the Transportation Element with the approval of the companion "Developer's Contribution Agreement ". Based on the analysis contained in the Traffic Impact Statement (Exhibit "C "), the segment of CR 951 between 1 -75 and Davis Boulevard is projected to operate at LOS "F" with or without this project in the year 2006. The segment of Davis Boulevard adjacent to the frontage of the site will maintain a LOS "D" at build out of the project. Based on the results of the intersection analysis, no intersection improvements will be required as a result of the addition of the development traffic. Turning lanes are currently in place and are of adequate length to serve the project with the exception of the right turn lane at the western access drive (Joyrose Place). This turn lane should be provided with this SDP application. At the November 17, 2005 Collier County Planning Commission meeting, the County Transportation Services Division staff indicated that the State of Florida Transportation Department had removed major funding from the County's 5 Year Capital Improvement Plan, and because of this action the projected roadway improvements to Collier Boulevard (CR -951) will not be started in 2006, and is not known when these improvements will be scheduled. As a result, the Transportation Services Division has changed their recommendation from approval to denial since the project is no longer consistent with Policies 5.1 and 5.2 of the Transportation Element without improvements to Davis Boulevard or mitigation consistent with policy 5.1. The applicant has agreed to mitigate it's impacts consistent with Policy 5.1 by providing right of way, water management and the prepayment of the anticipated impact fees in order to accelerate the road project. This mitigation is proposed through a Developers Contribution Agreement as companion item to this application. Approval of the agreement would constitute mitigation consistent with Policy 5.1 and find this application consistent with the Transportation Element of the GMP. ENVIRONMENTAL ISSUES: PUDZ -A- 2004 -AR -6417 Page 3 of 5 Agenda Item iJo. 83 February 13. 2007 aae 4 of 2103 Environmental Services staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.1 of the PUD document with the following conditions: 1) "Pursuant to Section 2.03.07.E of the Land Development Code, if during the course of site clearing, excavation or other construction activity an 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 ", and 2) "Changes needed to the Environmental Impact Statement (EIS), that were provided verbally to environmental consultant (Ken Passarella) on September 21, 2005, shall be completed." EAC RECOMMENDATION: The Environmental Advisory Council (EAC) reviewed this petition at their November 2, 2005 meeting. The EAC voted 8 to 0 to recommend approval of PUDZ -A- 2004 -AR -6417, with the stipulation that the Preserve Area shall be fenced. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition at their December 21, 2006 public hearing. The CCPC voted 8 -0 to approve PUDZ -A- 2004 -AR -6417, I -75 / Alligator Alley CPUD with the following stipulations: • That all principal structures shall meet the architectural standards for their primary facade on their north, east , and south sides, • The Developers Contribution Agreement (DCA) including the following four points shall be approved by the BCC 1. 100 percent of all Road Impact Fees shall be paid up front, 2. 145,000 square feet of commercial floor area shall be approved for "Certificate of Adequacy ", 3. Right -of -way shall be provided on the south side of Davis Boulevard by the developer at a cost to the County of $15.72 per square foot, 4. A one acre area shall be made available by the developer for future storm water requirements from road improvements to Collier Boulevard (CR- 951) and /or Davis Boulevard. • Revisions to the CPUD's Statement of Compliance and corrections identified by County Attorney are completed. There were no statements of objection from the public. Due to the unanimous vote of approval by the CCPC, this petition would normally be placed on the Summary Agenda. However, the referenced DCA must be reviewed and approved by the Board prior to approval of this petition as the approval of the DCA is require to mitigate the potential transportation impacts created by this rezoning. As such the petition is 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 con-id - rations are reflected in the Collier County Planning Commission's evaluation of the listed PUDZ -A- 2004 -AR -6417 Page 4 of 5 Agenda Item C,do. 8B ,:,brUary 3.21007 Page 1, c>f n3 criteria in Chapter 10.03.05 and Chapter 10.02.12 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 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 52 of the Traffic Element of the GMP. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ- A -2004- AR -6417, I -75 / Alligator Alley CPUD with conditions set forth in the PUD document and the attached (working) Developer's Contribution Agreement (DCA) which has been prepared by the County Attorney's Office and the Transportation Services Division. The final DCA is a companion item that must be jointly approved with this petition. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review PUDZ -A- 2004 -AR -6417 Page 5 of 5 nd, item Nc. 1:B Fe G try I 12 J,57 Pale fi c. 0: Approved By COLLIER COUNTY BOARD OF COUNTY COPJIMISSIONiERs Item Number: 3B Item Summary: 7 nis rr;m was tend. -i.ied from the January 22 2001 B C ^'eeting This item s a companion 11311200712:51 PM I,- Items 10%, and 1OB which will be neard at 106 p m This irem reouires th2t all participants oft sworn w and e>. pane disclosure be provided by Comnussion rrer.UerB Petdio- PUDZ -Fr Susan Murray, AICP 260z ;IF' 6417 Ronald Benderson e; al Trustee, represented by Rone-1 L Duane, s'CP of Date t-l:ae Muwce Inc.. recuest•no to rezone from Planned Unit Development if UDj to Cornmerrial Planned Unit Development (CPUDj Know) as the I- -,51Al1igator :alley Commeraa' PUD The proposed PUD amendment requests the following: to reduce the size 113112007 3:11 PM of the Pr serve %VVater Mana Ternenl Area horn , acres. currently required by the PUD to E6 < .es. to dente 'es=dental _ :es as ne;mitted sse.. to provide a new I,sto' commercial Approved By uses [ omparoble to trrase alfowed �n the C -1 through 0-4 i;omrnemial Districts. with SIC codes modify the . UD Master Pau to depict the tootpnnts of ex °sting land uses and Operations Analyst conceptual tootpnnts for undevoloped tracts to tr ify the oTCUtatinn system to establish a Community Development & mawmum square tootage cf 2u5.000 square feet of retail anti df4ce area to relocate the exist ig western entrance 50 feel to the east and to delete the 50 foot perimeter setback_ Environmental Services Admin. The property consisting o` 4C.8 acres, is located on me north side of Davis 2oulevard in Approved By f.roalmity to the intersection of Collier E3oulevard rCR- 961 t and 1 -75. The subject property is located it Section 34 Township 49 South, Range: 26 Fort Colter County, F'.oiida. Assistant County Attorney Companion Item with Developers Contribution Agreement Meeting Date: 2!13:200- 9 00 ,fl aM Approved By Norm E, Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 11311200712:51 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & zoning & Land Development Review 113112007 3:11 PM Environmental Services Approved By t... Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 21'1/2007 11:05 AM Approved By Marjorie M. Student Stirling Assistant County Attorney Date County Attorney County Attorney Office 21112007 1:14 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Administrator Community Development & Community Development & Environmenta` Services Environmental Services Admin. 2f il2i107 1:27 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 271!2007 4:06 PM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 215t2007 1:25 PM Approved By James V. Mudd County Manager Date Board of County County Manager's. Office 21512007 7 1 PM Commissioners perida ii --sib No. EJB F4"rL�any 13 21 G�7 Paae 7 ol 2 G 3 Cod iie->tr County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 7, 2006 RE: PETITION PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission (CCPC) continued the I -75 / Alligator Alley CPUD petition during its November 17, 2005 meeting to their January 19, 2006 meeting. At this meeting, the petition was continued indefinitely because, issues relating to road capacities and future roadway improvements. The reason for the indefinite continuance is to allow time to address the Planning Commissions concerns. The petitioner has worked with staff to try to address the Planning Commission's concerns and has resubmitted their application in hopes to be heard at the December 7, 2006, Planning Commission meeting. The Department of Zoning and Land Development Review Staff recommendation originally was for approval, but due to the State of Florida Department of Transportation readjusting its funding and priorities for road projects, the County removed the schedule for the improvements to Davis Boulevard (CR. 84) and Collier Boulevard (CR. 951) from the 5 -Year Capital Improvement Program. Due to this change in funding, the project is no longer consistent with the Growth Management Plan (GMP) Transportation Element Policy 5.1. and the staff had recommended denial. The applicant and Transportation Planning staff has developed a Development Contribution Agreement (DCA) which addresses a plan to abate the capacity deficits for Davis Boulevard (CR. 84) and Collier Boulevard (CR. 951). Analysis indicates that this PUD is consistent with the Growth Management Plan and is compatible with the surrounding neighborhood. Staff recommends that the Planning Commission forward the I -75 / Alligator Alley CPUD to the Board of County Commissioners with a recommendation of approval. ATTACHED INFORMATION: The Staff Report prepared for the November 17, 2005 and the January 19, 2006, Planning Commission meetings are attached. In addition, a cover letter dated September 8, 2006, is attached which explains the revicinnc that '-f-re made in the PUD Document to addrPCC the Planning Commissioners concerns. A PUDZ- A- 2004 -AR -6417, 1 -75 / ALLIGATOR ALLEN ('PUD SUPPLEMENTAL STAFF REPORT Page I of 8 Agenda item No. 3B February 13, 2007 Page g of 2103 copy of the revised PUD Document, Supplemental Traffic Impact Study, and the Development Contribution Agreement (DCA) are also attached. The petitioner has requested a third deviation in the PUD Document: Deviation 3 seeks relief from LDC Section 4.02.23D.1. for a 25 -foot buffer along the frontage road (Davis Boulevard). The petitioner is seeking relief from the required minimum buffer requirement from the edge of right -of -way. The petitioner is proposing: A ten -foot buffer shall be required from the edge of the right -of -way on the two existing sites which are presently developed with Taco Bell and McDonald's. The petitioner provided the following justification for this deviation: The proposed 10 foot btiffer along Davis Boulevard reflects the existing conditions that exist at the Taco Bell and McDonald's sites, which were previously approved and developed. Staff is supportive of Deviation 3 due to the fact that the existing buffer area for Taco Bell and McDonald's were previously approved and constructed. This deviation for the buffering widths is restricted to the existing McDonald's and Taco Bell restaurants, and not for the balance of the property fronting on Davis Boulevard. Staff supports this deviation provided, the screening trees and hedge planting requirements shall be met, and shall be included with the first Site Development Plan (SDP) application for this CPUD. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." PREPARED BY: PUDZ -A- 2004 -AR -6417, 1 -75 r ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 2 of 8 3b jary 13, 0, ::). "° v of i 3 MICHAEL J. DE RUNTZ, CFM DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY REVIEWED BY: RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition PUDZ -A- 2004 -AR -6417, I -75 /ALLIGATOR ALLEY CPUD COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Attachments: Cover Letter - September 8, 2006 Revised PUD Document — September 15, 2006 Supplemental Traffic Impact Study Development Contribution Agreement REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY MID SUPPLEMENTAL STAFF REPORT Page 3 of-8 Agenda Item ko. 8B February 13, 2007 Page 10. of 203 Division 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, and policies and 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 Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and find that the project is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies; staff recommends that the petition be deemed consistent with the GMP, with the approval of the proposed Development Contribution Agreement (DCA). 2. The existing land use pattern. North: I -75 then undeveloped commercial acreage (70.2 square footage/ 10.00 dwelling units per acre, Boulevard Mixed Use Commercial Center PUD) East: C.R. 951 (Collier Boulevard) then developed acres/ 270,000 commercial zoned R.O.W. then Collier mixed commercial (100.23 acres /348,600 commercial square footage/ 550,000 industrial square footage/ 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres/ 450,000 industrial square footage/ 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres/ 20 acres - 200,000 commercial square footage/ 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHIBIT "A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDZ -A- 2004 -AR -6417, 1 -75 i ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 4 of 8 at ^qn�C� !I�tii iJO. J tlruary "3 ? C 7 age of ?C3 The I -75 /Alligator Alley CPUD 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. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the I -75 /Alligator Alley CPUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center 49. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 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, with the approval of the proposed Development Contribution Agreement (DCA). The proposed change will result in an overall 4,670 increase in daily trips within the I -75 /Alligator Alley CPUD, as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. PUDZ -A- 2004 -AR -6417, 1 -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 5 of 8 Agenda Item No. 39 February 13, 2007 Page 12 of 203 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 are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the I -75 /Alligator Alley CPUD will not be affected by the requested change to the PUD document. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan, with the approval of the proposed Development Contribution Agreement (DCA). 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses PUDZ -A- 2004 -AR -6417, 1 -75 1 ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 6 of 8 ,gerica 1,°m Rio, 8B `:a 2e 13 of : '3 and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the 1-75/Alligator Alley PUD will not change the list of permitted uses that has already been approved for the subject site. In addition, there are many sites, which are zoned to accommodate the subject development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. 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. The existing PUD is developing with commercial uses that, at the time of this application for rezoning include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 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 Manabement 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 staff found it consistent with the Transportation Element of the GMP, with the approval of the proposed Development Contribution Agreement (DCA). PUDZ -A- 2004 -AR -6417, 1 -75 ALLIGATOR ALLEY (PUD SUPPLEMENTAL STAFF REPORT Page 7 of 8 Benda Item No. 3B February 3, 2007 Page 1:4 of 203 PUDZ- A- 2004 -AR -6417, 1 -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 8 oi' 8 C� !ta'rn tV i -,a: "e 15 of 20 j Cot ier County 0 SUPPLEMENTALI STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 19, 2006 RE: PETITION PUDZ -A- 2004 -AR -6417 I- 75;'ALLIGATOR ALLEY CPUD REOUESTED ACTION: The petitioner's requested action remains the same as explained in the staff report prepared and submitted for the November 17, 2005, Collier County Planning Commission hearing. There have been a changes to the PUD document but no change to the Master Plan. UPDATE: The Collier County Planning Commission (CCPC) heard this petition on November 17, 2005, however, the CCPC approved the petitioner's request to continue this petition to November 17, 2005, in order to allow them time to respond to the Transportations Services Division's concern over the delay in improving capacity of Davis Boulevard. Staff was forced to reschedule this petition from the November 17, 2005 CCPC hearing date because the petitioner had not submitted the revisions in sufficient time for the staff to review it for the CCPC meeting. The petitioner has submitted a revised PUD document and Traffic Impact Statement (TIS). The PUD document was revised to reflect the following: Section 4.17. Pursuant to Section 6.06.02.C.1 of the LDC, payment in lieu of construction for a 6 -foot sidewalk and a 4 -foot bike lane for project frontage along Collier Boulevard and Davis Boulevard shall be provided. The required payment shall be provided within 30 days of the approval of this zoning amendment by the Collier County Board of County Commissioners. Costs shall be determined utilizing FDOT's 2004 Transportation Costs, as amended (see also Section 7.2 fvi of this vruinancc). 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 1 of 12 Agenda Item No. 3B February 13, 2007 Page 16 of 203 Section 5.2.B.2. A fence shall be installed along the perimeter of the Preserve Area depicted on the CPUD Master Plan in accordance with Collier County requirements until such time as the vegetation has time to mature. Section 7.2.P Provisions have been incorporated into the project's Water Management Plan to provide for acceptance of stormwater for the widening of Davis Boulevard that is a requirement of this CPUD. Section7.2.Q. This project will be subject to the East Central TCMA requirements, which include a selection of four Transportation Demand Management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement is only applicable for development that has not received Certificates of Adequate Public Facilities. As of the date of the adoption of this ordinance, certificates had been issued for 130,000 S.F. of retail development. Section 7.2.R. There shall be no issuance of Certificates of Occupancy for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition unless Certificates of Adequate Public Facilities have been issued prior to the adoption of this ordinance. Staff has conducted further review of the new information and has reconsidered its original approval recommendation for this petition. The original staff report dated November 17, 2005 has not been revised except for the below listed revisions. Please refer to the original staff report for that information. The Transportation Element, the GMP Conclusion of the Growth Management Plan (GMP) , the Rezoning Findings (Exhibit A), and the PUD findings (Exhibit B), as well as the Staff's Recommendation have been revised. The revised sections are set forth on the following page. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Transportation Element: Transportation Services Division staff has reviewed this petition's revised Traffic Impact Statement (Exhibit C). The TIS identified that Davis Boulevard is shown to be 94 vehicles above capacity at this time as a two -lane roadway. Retail development of 130,000 square feet has received a Certificate of Adequate Public Facilities. The traffic generated from the balance of the proposed 125,400 square feet of commercial floor area (Phase 2) will not be accommodated with the current roadway facilities of Davis Boulevard. The study proposes that the balance of construction of Phase 2 of the Alligator Alley CPUD will likely be delayed until such time as the six - laning of Davis Boulevard can be accommodated within the concurrency analysis pursuant to the Collier County Land Development Code and Growth Management Plan (GMP) regulations. As such, the staff can not recommend approval of this petition because it is not consistent with the regulation of Policy 5.1 and 5.2 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 any rezoning petition. The proposed uses are consistent with the property's future Land Use Element's map designation, the goals and objectives for the Interchange Activities Center #9. As noted in the original staff report, the project is consistent 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 2 of 12 = ^gen—aa Item f' o. Sim - ebruary 13, ?aW Page 17 vi. 203 with the Future Land Use Element's policy regarding compatibility, and approval would be consistent with various objectives and policies of the Transportation Element as indicated previously in the GMP discussion. However, as noted above, the proposed rezone is not consistent with GMP Transportation Element Policy 5.1. Therefore, staff must recommend that the petition be deemed inconsistent with the GMP, based upon a review of all elements of the Growth Management Plan. RECOMMENDATION: Based on staff's Growth Management Plan analysis and the resultant inconsistency finding, staff recommends denial of Petition PUDZ-A- 2004 -AR -6417, however, the CCPC may determine that a developer's commitment that there shall be no issuance of Certificates of Occupancy for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition unless Certificates of Adequate Public Facilities have been issued prior to the adoption of this ordinance, can be deemed acceptable mitigation to offset the Transportation Service Division's Level of Service (LOS) concerns. LDC Section 6.02.00, Adequate Public Facilities Requirements, would not allow the County to approve final subdivision plat plans if such approval would result in a reduction in the level of service for any public facility below the level of service established in the GMP. 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 3 of 12 Agenda item Pao. 83 February 13, 2007 Page 18 of 203 PREPARED BY: MICHAEL J. DE RUNTZ, CFM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Tentatively scheduled for the February 28, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Attachments: Exhibit "A " -- Revised PUD Findings Exhibit "B " -- Revised Rezone Findings Exhibit "C " -- Revised PUD Document Exhibit "D " -- Revised Transportation Impact Statement 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 4 of 12 cen'l 'G�2 :tem No. -3 ie 19 of 203 REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 Division 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Conunission 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, and policies and 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 Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and find that the project is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies; however, staff recommends that the petition be deemed inconsistent with the overall GMP because of transportation concerns. 2. The existing land use pattern. North: I -75 then undeveloped commercial acreage (70.2 acres/ 270,000 commercial square footage/ 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD) East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres /348,600 commercial square footage/ 550,000 industrial square footage/ 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres/ 450,000 industrial square footage/ 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres/ 20 acres - 200,000 commercial square footage/ 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHTRTT "A" 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 5 of 12 Aa. enda item No. 8B February 13, 20G7 Page 20 of 203 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The I -75 /Alligator Alley CPUD 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. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the I -75 /Alligator Alley CPUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center #9. However, because the petition is inconsistent with the overall GMP, staff is unable to support the rezoning. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 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 denial of the petition based upon transportation - related GMP policies. 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 6 of 12 r,�ary ' "3, 2 �,:1 taue _1J of 21 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. 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 are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the I -75 /Alligator Alley CPUD will not be affected by the requested change to the PUD document. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan. Because the petition is 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 7 of 12 Agenda Item No. 83 February 13, 2007 Page 22 of 203 inconsistent with the overall GMP, approval of the proposed PUD would constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the I -75 /Alligator Alley PUD will not change the list of permitted uses that has already been approved for the subject site. In addition, there are many sites, which are zoned to accommodate the subject development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is not consistent with the Transportation Element of the GMP, while compatible with the adiacent land uses, the timing of the action is not consistent with all County codes. 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. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 8 of 12 ilC ,'a iiv;T No. B Puae _-? :'f ?C3 approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 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 inconsistent with the Transportation Element of the GMP however. Zoning & Land Development Review staff has included stipulations that should adequately address the transportation issues. 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 9 of 12 Agenda Ifern No. 35 February 13, 2007 Page 24 of 203 FINDINGS FOR PUD PUDZ -A- 2004 -AR -6417 Section 10.02.13 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the I- 75iAlligator Alley CPUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD 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 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. The Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable obiectives, coals and policies of the Transportation Element, and find that the protect is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies• however, staff recommends that the petition be deemed inconsistent with the overall GMP because of transportation concerns. EXHIBIT "B" 1-75/Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 10 of 12 A-z1en: a item No. '-;B ebrjary 13. -200)7 Page 2, of 203 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 PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC, to assure harmonious relationships between projects, automatically regulates external relationships. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 7. LC 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 Transportation Services Division has reviewed the proposed PUD and has recommended denial of the petition based upon transportation - related GMP policies. 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. This assessment is described at length in the Staff Report and Supplemental Report. This petition will adversely impact the Level Of Service (LOS) for Davis Boulevard, and would not be consistent with the coneurrencv Management Plan for the GMP. S. 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 proposed for this PUD depart from development standards that would be required for the most similar conventional zoning districts. The change includes a variety of modifications to the existing PUD document including: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 11 of 12 Agenda Item too. 83 February 13. 2007 Page 26 of 203 PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). However, because the petition is inconsistent with the overall GMP, staff is unable to support the rezoning. 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 12 of 12 4uetxla Item !' o. 35 ^eb a ~y 13, '2007 ra3e 2-7 of 2 '3 Co FFI7;er CoRnty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 17, 2005 SUBJECT: PETITION PUDZ -A- 2004 -AR -6417 AGENT /APPLICANT: OWNER: Ronald Benderson et al, Trustees Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd. c/o Dave Gustafson at Benderson Development Company, Inc. 8441 Cooper Creek Blvd. University Park, FL. 34201 AGENT: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, FL. 341 10 REOUESTED ACTION: R. Bruce Anderson Roetzell & Andress LPA 850 Park Shore Drive Trianon Centre Third Floor Naples, FL. 34103 The petitioner is requesting a rezone from "PUD" to "PUD" Planned Unit Development known as the I -75 1'Alligator Alley Commercial Planned Unit Development (CPUD) for the purpose of revising the PUD document. PUDZ- A -04 -AR -6417, 1 -75 ALFGA'TOR ALLEY C'PUL) 1 OF Is C'CPC MEETING 11 -17 -05 Agenda Item No. 8B February 13. 2007 Page 28 of 203 GEOGRAPHIC LOCATION: The subject PUD is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by I -75 to the north. The subject property is also located in the southwest quadrant of I -75, Exit 15 Interchange and further located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. PURPOSE /DESCRIPTION OF PROJECT: In 1987, the subject 40.8 acre I- 75iAlligator Alley PUD (Ordinance No. 89 -82) was approved permitted a mix of residential, commercial and industrial uses. The current proposal is a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the I -75 Alligator Alley CPUD, for the purpose of reducing the size of the preserve /water management area from 15 acres currently required by the PUD to 10.58 acres. The proposal also revised the PUD document to include the following: providing 15 percent of the total site /vegetated area to be retained on -site, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback. Of the total site area, the project provides approximately 11.4 acres for the Preserve /Water Management Area, with the balance of the property designated for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. The maximum allowable square footage of gross leasable floor area is 265,000 square feet of retail or office area excluding the existing motel approved for 107 units and any future motels. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan. The westernmost access will be a full access point and the eastern entrance will be a right in/right out access point. An interconnection is proposed to the adjacent East Gateway PUD, a non - residential PUD. SURROUNDING LAND USE AND ZONING: Subject Parcel: A commercial subdivision that is partially developed, which includes an existing motel developed with 107 motel units, an existing fast food restaurants. Surrounding- North: I -75 then undeveloped commercial acreage (70.2 acres / 270,000 commercial square footage / 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 2 OF 18 CCPC MEETING 1 1 -17 -05 °ri�a 1eill':�. v� b ruarti., 13. 21007 P� ye 20 of 203 East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres / 348,600 commercial square footage / 550,000 industrial square footage / 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres / 450,000 industrial square footage / 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres / 20 acres - 200,000 commercial square footage / 17 acres - 250,000 industrial /office park development) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element: The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner affirms in the statement of compliance that "Development of the I -75 Alligator Alley PUD will be consistent with the Activity Center #9 Interchange Master Plan." The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total acres are eligible for commercial zoning. To date, 325.23 acres are presently zoned commercial, therefore, 22.65 acres are eligible to be rezoned to commercial. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 3 OE 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8B February 13, 2007 Pane 30 of 203 ZONING MAP The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses; however, 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore, only 3.6 acres have to qualify under the Activity Center #9 criteria. Since 22.65 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. Within Activity Center- #9632.5 acres X 55% = 347.88 acres maximum eligible for commercial zoning. Presently, 325.23 acres are zoned commercial leaving a remainder of 22.65 acres eligible for rezoning to commercial (347.88 - 325.23 = 22.65). In addition, the PUD requests 107 motel/hotel units. There are presently 107 existing motel units on the subject property that were approved at a density of 26 units per acre pursuant to Ordinance 89 -82. Hotel/motel uses are allowed within the activity centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel/motel uses was amended to delete the density of 26 units per acre and replace it with a Floor Area Ratio (FAR) of 0.60. PL1DZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 4 OF 18 CCPC MEETING 11-17-05 t— en act ' €e ii i o. 13 `P aoe J 1 of "C 31 AERIAL MAP If this FAR does not provide for the existing approved density, then an interpretation of Policies 5.1 and 5.9 could provide for the existing density to remain. Pursuant to FLUE Policies 7.1. 7.2 & 7.1, access to the project has been provided via two access points on Davis Boulevard, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads and an interconnection is proposed to the adjacent East Gateway PUD. P[JDZ- A -04 -AR -6417, I -75 ALEGATOR AL1,E)' ('PUD 5 OF 18 CCPC MEETING 11 -17 -05 ACTIVITY CENTER #9 Agenda item No. 38 February 13, 2007 Fa ,ae 32 of 203 awnwrY Mean N u w - aesrtu� ■ u�o c+ms sarw wo nws+ua arca'uew.i'ax—"`� Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Master Plan. Transportation Element: The Transportation Department has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed rezone will generate 4,670 Average Daily Trips at the build out of the project in 2006. 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 "), the segment of CR 951 between I -75 and Davis Boulevard is projected to operate at LOS "F" with or without this project in the year 2006. The segment of Davis Boulevard adjacent to the frontage of the site will maintain a LOS "D" at build out of the project. Based on the results of the intersection analysis, no intersection improvements will be required as a result of the addition of the development traffic. Turning lanes are currently in place and are of adequate length to serves the project, with the exception of the right turn lane at the western access drive (Joyrose Place). This turn lane should be provided with this SDP application. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 6 OF 18 CCPC MEETING 11 -17 -05 c'hruary 13. 2" viG7 Open Space /Conservation: The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas equals 53 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 he 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. Two easements for well fields have been provided within the subject property. 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 Planning Commission to 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 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 Analvsis: Environmental Services staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.1 of the PUD document with the following conditions: "Pursuant to Section 2.03.07.E of the Land Development Code, if during the course of site clearing, excavation or other construction activity an 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, and changes needed to EIS provided verbally to environmental consultant (Ken Passarella) on 9/2 1 /05." The EAC reviewed this petition at their November 2, 2005 meeting. The EAC voted 8 to 0 to recommend approval PUDZ -A- 2004 -AR -6417, with the stipulation that the Preserve Area shall be fenced. Transportation Analysis: Transportation Department staff has reviewed the petition and has recommended approval subject to the Transportation improvements contained in Section 7.2 of the PUD document with the addition of the following condition: "This project will be subject to the East Central TCMA requirements which include a selection of four PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 7 OF 18 CCPC MEETING 11 -17 -05 Aoenda Item No. 3B February 13, 2007 Page 34 of 2103 Transportation Demand Management strategies and fair share payment for impacts not to exceed 15% above impact fees." Utility Issues: The Utilities Department staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.3 of the PUD document. Zoninlz 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 action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject property is zoned I -75 Alligator Alley PUD, and is approved for residential multi - family dwelling units at 16 units /per acre, and a variety of commercial and industrial uses. The proposed rezoning request eliminates the residential multi - family dwelling units. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the PUD. The development of the subject property is timely and consistent with the FLUE and the Activity Center #9 Interchange Master Plan of the GMP. 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 PUD with the adjacent properties to the north, south, east, and west. The subject property is proposed as a modification of the already approved mixed -use development, at the base density allowed in the County's Comprehensive Plan, and specifically the Activity Center #9 Interchange Master Plan. Deviation Discussion: The petitioner is seeking two deviations and has identified them in Sections 8.1 and 8.2 of the PUD document. Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 4.06.02.D.5.a. which states: "The shape of a manmade body of water including retention and detention areas, must be designed to appear natural with curvilinear edges." The petitioner is seeking relief from the required design criteria to have a natural or curvilinear appearance. The petitioner is proposing: The existing area previously approved for waster management maintain the same configuration and that new water management area provide plant materials to provide the curvilinear appearance. PUDZ- A -04 -AR -0417, 1 -75 ALEGATOR ALLEY CPUD 8 OF 18 CCPC MEETING 1 1 -17 -05 Agenda lte;n Nic. 83 c:brjary 13. %';07 Page of 1203 The petitioner provided the following justification for this deviation: The referenced Standard is the revegetate areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre - treatment areas. Staff is supportive of Deviation l due to the fact that the existing water management area was previously approved, and that the confined area of the new water management area had a very confined space and the petitioner proposed to provide plantings to provide the curvilinear appearance. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief from LDC Section 4.06.05.H for a 5 -foot set -back from the property line and the toe -of -slope of a two -foot or higher berm. The petitioner is seeking relief from the required minimum distance between the property line and the toe -of- slope. The petitioner is proposing: No toe -of -slope setback shall be required from the common property /tract boundary of the subject property. The petitioner provided the following justification for this deviation: 77ie toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Tf'ater Management District permit. Staff is supportive of Deviation 2 due to the fact that the existing water management area was previously approved. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelvon, Community Planning Coordinator: The agent for the applicant held the required NIM on .Tune 16, 2005 at 5:30 P.M. at the Comfort Inn & Suites, 3860 Tollgate Boulevard., Naples. One person other than the applicant's team and County staff attended the meeting. There were no objections to the proposed rezone of the property STAFF RECOMMENDATION: Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ -A- 2004 -AR -6417 to the Board of County Commissioners with a recommendation of approval as set forth in the PUD document. PUDZ- A -04 -AR -6417, I -75 ALE,G.ATOR ALLEY CPUD 9 OF 18 CCPC MEETING 11 -17 -05 Agenda ,Lem Pao. 8B February 13, 2007 Page 36 of 203 PREPARED BY: MICHAEL J. DE RUNTZ, CFM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT- STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 10, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDZ- A -04 -AR- 6417. 1 -75 ALEGATOR ALLEY CPUD 10 OF 18 CCPC MEETING 11 -17 -05 nda i ern i` o, Sj `e,bruary 13. 2007 e 37 of 2,213 REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 Division l 0.03.05 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: Whether the proposed change will be consistent with the goals, objectives, and policies and 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 I -75 /Alligator Alley CPUD 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: I -75 then undeveloped commercial acreage (70.2 acres / 270,000 commercial square footage / 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres / 348,600 commercial square footage / 550,000 industrial square footage / 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres / 450,000 industrial square footage / 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres / 20 acres - 200,000 commercial square footage / 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHIBIT "A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLE)' ('PUD l 1 OF 18 CCPC MEETING 11 -17 -05 Aoerida kam No. 83 February 13, 2007 Pane 38 of 2'03 The 1 -75 /Alligator Alley CPUD 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. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the I -75 /Alligator Alley CPUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center #9. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 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 4,670 increase in daily trips within the I -75 /Alligator Alley CPUD, as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 12 OF 18 CCPC MEETING 11 -17 -05 3, 20W Page 29 of The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. 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 are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the I -75 /Alligator Alley CPUD will not be affected by the requested change to the PUD document. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact, the amendment 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 the GMP are in the public interest. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 13 of 18 CCPC MEETING 11-17-05 Aaenda item No. 3B rebruary 13, 2007 Page 40 of 203 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the I -75 /Alligator Alley PUD will not change the list of permitted uses that has already been approved for the subject site. In addition, there are many sites, which are zoned to accommodate the subject development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and to some extent the timing of the action is consistent with all County codes. 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. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY C'PUD 14 OF 18 CCPC MEETING 11-17-05 Agenca Item No. FB brua „y ; 3. 206 7 Page 1” of 203 vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 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. 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. The proposed change will have no affect upon those conditions. FINDINGS FOR PUD PUDZ-A- 2004 -AR -6417 PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY (PUD 15 OF 18 CCPC MEETING 11 -17 -05 Acenda Item No. 8B February 13; 20017 Page 42 of 203 Section 10.02.13 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the I -75 /Alligator Alley CPUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD 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 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. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the 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. EXHIBIT "B" The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC, to assure harmonious relationships between projects, automatically regulates external relationships. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 16 OF 18 CCPC MEETING 11 -17 -05 Item No. 8B Fe')rua.,Y ?3. =C 0 7 Page 43 of 2031 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 7. LC 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. Given the fact that the I -75 /Alligator Alley CPUD is currently under development, the timing or sequence of development in light of concurrency requirements is not a significant problem. 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. This assessment is described at length in the staff report. In addition, this petition will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 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 proposed for this PUD depart from development standards that would be required for the most similar conventional zoning districts. The change includes a variety of modifications to the existing PUD document including: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPI 113 17 OF IS CCPC MEETING 11-17-05 Ag,end a item No. 83 February 13, 2007 Page 44 of 203 PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPIJD 18 OF 18 CCPC MEETING I I -17 -05 Pa`ie 10 of 205 ,r{1N,jG cam, a� APPLICATION FOR PUBLIC HEARING FOR: ❑PUD REZONE (PUDZ) ZYPUD TO PUD RLGZONE (PUDZ A) Petition No.: Date Received: 1. General Information: Plarmer Assigned: PUDZ -A- 2004 -AR -6417 PROJECT #19990293 Cozru DATE: 8/31/04 nission District: _ MICHAEL, DERUNTZ A OVE TC) BE COMPLETED BY STAFF Name of Applicant(s) Ron aid Benderson et al, Trustees Randall Benderson 1993 -1 Trust c/o Dave Gustafson at Benderson Development Company Inc Applicant's Mailing Address 8441 Cooper Creek Blvd. City University Park State FL Zip 34201 Applicant's Telephone # (941) 359 -8303 Fax # (941) 359-1836 Applicant's E -Mail Address: davemtafsou(d�bendersou.com Name of Co -Agent Robert L. Duane Firm Hole Montes, Inc. Co- Agent's Mailing Address 950 Encore Way City Naples State Florida Zip 34110 Co- Agent's Telephone # 239- 254 -2000 Fax 4 239 - 254 -2099 Co- Agent's E -Mail Address: bobduaueQhoiemoutes.eom COLLIER COUNTY COMMUNITY DE'4'ELOPMENT DEPARI'MENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. IIORSESHOE DRIVE- NAPLES, FL 34104 -PHONE (941) 403.2400!FAX (941) 643_6968 Application For Eubtic Hearing For PUD Rezone 8!29103 W' \200212(1029111VUDJ)niication 0406]1 doe Agenda item No. 3E February 13, 2007 Page 45 of 203 Name of Co -Agent R. Bruce Anderson Firm Roetzell & AndressLPA Co- Agent's Mailing Address 850 Park Shore Drive Trianon Centre Third Floor City Naples State Florida Zip 34103 Co- Agent's Telephone # 239 -649 -2708 Fax #239-261-3659 Co- Agent's E -Mail Address: ban dersoll 0ralaw.coni *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Associatioii(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association, Mailing Address City State Zip Name of Property -owner Association: 951 Commerce Center Property Owner's Association Mailing Address 8441 Cooper Creek Blvd. City University Parr State FL Zip 34201 Name of Master Association: Mailing Address Name of Civic Association: Mailing Adchess 2. Disclosure of Interest Information: City State City State Zip Zip 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). Naive and Address Auuiienflen For Public Hearing: For PUD Rezone 8129103 w: \2002 \2002012\PUD\Anniication 040611.doc 2 Percentage of O-wnership end: ":ten", 1\1o. S'3 hrvary 13. 2007 Paq? 4 7 of -003 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 nan-te of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest 1. Randall Benderson 1993 -1 Trust 85% The Lineal Descendants of Nathan Benderson (100 %) 8441 Cooper Creek Blvd. University Park, FL 34201 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 2. WR -I Associates, Ltd. 15% General Partner - WMR -I Inc., a Florida corn, (Wayne Ruben - 1.00% shareholder of corp.)) Limited Partner - Wayne M. Ruben 8441 Cooper Creek Blvd. Ulversity Park, FL 34201 C. If there is a CONTRACT FOR PURCIIASE, 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. Annllcation For Public Hearing For PUD Rezone 8129/03 W:1200212002012TUMAnplientlon 040611.doe 9 Marne and Address Agenda Item fro. 813 February 13, 2007 Pace 48 of 203 g. Date subject property acquired (X�} leased ():8/28/03 & 311104 Tenn of lease Y yrs.hnos. If, Petitioner has option to buy, indicate date of option: and 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 final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more thani 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: 34 Township: 49 5 Range: 26 E Lot: Block: Subdivision: 951 Commerce Center Plat Book 17 Page #: l & 2 Property I.D. #: Metes & Bounds Description: See Attached 4. Size of property: ±1660 ft. X ±1070 ft. = Total Sq. Ft. Acres 40.8 5. Address/general location of subject property: On the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard and I -75 6. PUD District (LDC 2.2.20.4): Annllention For Public Hearing For PUD Reaone $!29/03 W: \2002 \2002012 \PUD \ATirlicatlon 040611.doc ❑ Residential 17 Community Facilities ® Commercial E] Industrial 4 Aryi'.en 1:1 item No. _'5 13. 2107 pa3e 4: JI 2'53 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST 112 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00 °32'14" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 50.00 FEET; THENCE RUN NORTH 89 046'14" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 AND ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 84 (PREVIOUSLY KNOWN AS STATE ROAD 858) FOR A DISTANCE OF 455.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 89 046'14" WEST ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 84 FOR A DISTANCE OF 863.63 FEET; THENCE RUN NORTH 00 °26'16" WEST FOR A DISTANCE OF 2,071.97 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 93 (INTERSTATE 75) AS THE SAME IS SHOWN ON STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT - OF -WAY MAP FOR FLORIDA STATE ROAD NO. 93 (1 -75) SECTION 03175 -2409, SHEET 6; THENCE RUN SOUTH 63 °27'12" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 146.86 FEET; THENCE RUN SOUTH 52 °20'28" EAST ALONG SAID RIGHT- OF -WAY LINE FOR A DISTANCE OF 536.53 FEET; THENCE RUN SOUTH 45 °13'56" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 645.39 FEET; THENCE RUN SOUTH 23 °17'10" EAST .ALONG SAID RIGHT -OF- WAY LINE FOR A DISTANCE OF 332,81 FEET; THENCE RUN SOUTH 02 °46'25" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 630.50 FEET; THENCE RUN SOUTH 11 °15'19" EAST (SOUTH 11 °12'43" EAST PER F.D.O.T, MAP) ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 69.56 FEET TO A POINT LOCATED 275,00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34, AND A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 699 AT PAGE 1723 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89 °46'14" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 157.32 FEET TO A POINT LOCATED 300.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34, AND A POINT ON THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 588 AT PAGE 1805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00 °32'14" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 124,87 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS POINT BEARS SOUTH 12 °00'29" EAST THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 224.66 FEET, THROUGH A CENTRAL ANGLE OF 78 °31'45 ", SUBTENDED BY A CHORD OF 284.38 FEET AT A BEARING OF SOUTH 38 °43'39" WEST, FOR A DISTANCE OF 307.92 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00 °32'14" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 102.63 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °14'00 ", SUBTENDED BY CHORD OF 35.12 FEET AT A BEARING OF SOUTH 45 °09'14" EAST, FOR A DISTANCE OF 38.94 FEET TO THE POINT OF BEGINNING. CONTAINING 40.79 ACRES, MORE OR LESS. Anitlicnfion For Public Renrine For PUD Rezone 8129103 W:\ 2002 \20020121PjJVAtilAicntion 040 (oi7.doc I 7. Adjacent zonine and land use: Zoning N N.A. S I -75 Collier Blvd. PUD E C -4 W East Gateway PUD Agenda Item No. 3B February 13. 2007 Page -50 or 203 Land use I -75 road right -of -way Vacant Gas Station and vacant fast -food restaurant Vacant 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. Section: Township Lot: Block: Plat Book Page #: Metes & Bounds Description: Range: Subdivision: Property I.D.#: 8. Rezone Request:_ This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s), Present Use of the Property: Motel and two fast food restaurants Proposed Use (or range of uses) of the property: Non - residential Original PUD Name: I -75 / AllijZator Alley PUD Ordinance No.: 89 -82 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 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, Narrative provided in cover letter for application. Application For Public Hearing For PUD Rezone 8129iO3 W; \2002 \2002012 \PUD \Arriicatiotn 040611.doe 6 �"Clellr�a Hem WO. 33 - ruary ? 3. 206 i Page 5" of 233 PUD Rezone Considerations (LDCSection 2.7.3.2. S) 1. The suitahilio) 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, server, 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 rrnt 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 ofproposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. S. 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. 8. Conformity with PUD regulations, or as to desirable modifications of such, reg-trlations 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, 9. 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. 14. Previous land use petitions on the subject property: '1b your Imowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: 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[lpiica #ion For P"We Hearing For 1`111) Rezone 8/29t03 w: \2002 \2002012\rUD\Appiication 040611 aloe 7' a. A copy of the pre - application meeting notes; Agenda item No. 8B February 13, 2007 Page 52 of 203 b. If t1-As rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalm /Water Sewer District, if in Iminokalee) of a 24" x 36" conceptual site plan [and one reduced 8' /z" x I I" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet,. depicting the following [Additional copies of the plan inay be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed. structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all 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 (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact . Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. c. Whether or not an EIS is required, tivo copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted, Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); Annlication For Public Heartr}g For PUD Rezone 6129103 w,120 0 21200 20 1 21PUD1ApplicatiQn 040611.doc r-.,0.yruary 13, =057 Page 53 Alry additional requirements as "nay be applicable to specific conditional usescand3 identified during the pre - application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section, 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Land Use Petition Continuance Tees: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees APnlicailon For Public Hearing For PL1D Rezone 8129/D3 W :12002120020121PUD%Annlicsition 040611 doc Agenda Item No. 85 February 13, 2007 Page 54 of 203 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1 . NAME OF APPLICANT: Ronald Benderson et al, Trustees Randall Benderson 1993 -1 Trust c/o Dave Gustafson, Benderson Development Company, Inc. 2. MAILING ADDRESS: 8441 Cooper Creek Blvd. CITY University Park STATE FIB ZIP 34201 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 311 & 41050 Yarmouth St., 185 Joyrose PI., 77 & 185 Bedzel Circle & 8831,8835, 8845 & 8875Davis Blvd. 4. LEGAL DESCRIPTION: Section: 34 Township: 49 Range: 26 Lot: P -1, 2, A Block: Subdivision: 951. Commerce Center Plat Book Page #: Property I.D. #:_21785002807, 21785001507, 21785002001, 21785001002, 21785002056, 2178500252, 2178500207, 21785002027, 21785000058 ,21785000210,21785002302 Metes & Bounds Description: see attached 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (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 ❑ 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c . FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVA E SYSTEM (WELL) ❑ Annlicatinn For P011c. Henrine For I'UD Rezone 8129103 VV:1 2002 \2Q�i2012\PUD1Anplicntion 040611.doc 10 a,' ei't iIv 73 r J. February 13. 20(57 rage J` 203 . 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 55.500 GPD AVERAGE DAILY 37,000 GPD B. SEWER -PEAK 39,750 GPD AVERAGE DAILY 26,500 GPD- 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 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 affluent and sludge disposal. If percolation ponds are to be used, then percolation data acid soil involved shall be provided from tests prepared and certified by a professional engineer. 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 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 casernents for serving the water and sewer systems. 12. STATEMENT Or 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 fi•om any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utititp PI'OV1S1011 Statement RAI 10/17/97 Application For Public Hearing For PUT) Rezone 8129/n3 M ':12002\2002012\PUD\Anplieation 0.30611 doe 11 a Agenda Item No. 8B February 13, 2007 Page 56 of 203 UTILITY DESIGN CALCULATIONS I- 75IAlliytor Alley P.U.D. DESIGN DEMAND FLOWS Sewer 265,000 s.£ Shopping Center (without food or laundry) = 0.1 GPD per s,f. floor area 265,000 s.£ @ 0.1 GPD = 26,500 GPD Total Estimated Average Daily Sewage Flow = 26,500 GPD Total Estimated Peak Flow = 26,500 x Peak Factor 1.5 = 39,750 GPD Water Water Demand equals 1.00 times sewage flow Water demand = 1.00 x 25,000 to 37,000 GPD, depending upon possible (permitted) food scivice uses. Total Estimated Average Daily Sewage Flow = 37,000 GPD Total Estimated Peale Flow = 37,000 GPD x 1,5 Peak Factor = 55,500 GPD Apollention For Public Hearing For PUD Rezone 8/29/03 W: \2002 \2002012\PI)D\A.unlication 040611.doe 12 4oenda .:err; No, �'B Fe. -nary 31. 2097 2103 PUD REZONE APPLICATION C''aa° Ji oil SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST is TO RF. CTTR1k4TTmmn Xvi rTS A T,nT T!'i A IrTr- T REQUIREMENTS I i Li r A # OF 1 LA.N-- , -C'}-A JLUlN J AL.1Lr/ 1 I NOT COPIE REQUIRED REQUIRED S 1. Completed Application /PUD documents 24* 2. Copy of Deed(s) and Iist identifying- Owner(s) and all Partners 2* if a Corporation 3. Completed Owner /Agent Affidavit, Notarized 2* 4. Pre- application notes /minutes 24* 5. Conceptual Site Plans 2 6. Environmental Impact Statement - ()CIS) 4 7. Aerial Photograph - (with habitat areas identified) j* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 10. historical & Archaeological Survey or Waiver Application 4 11. Copies of State and /or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. ❑Application Fee — "PUD Rezone'' = $10,000 + $25 per acre ❑Comprehensive Planning Consistency Review = $2,250 ❑ Application Fee — "PUD to PUD Rezone" = $8000 Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic copy of all plans and documents on a disk as 1 art of the submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 17. OTHER REQUIREMENTS: i — OCUI gilts xoquucu iur Luug -xange Planning Review *1 additional copy if for affordable housing 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. Agent /Applicant Signature Date Apnlicntlon for Public He-irhie For PUD Rezone 8129/03 13 Al i- �ck-Y- AHcy AFFIDAVIT Acenda item Silo.. 8B February 13., 2007 Page 58 of 2G3 We /1, _DAVID H BALDAUF, Trustee under Trust Agreement dated September 22, 1993, known as the RANDALL BENDERSON 1993 -1 TRUST; and R"AYNE M R UBEN, an behalf of Tf,R -1 ASSOCIATES LTD, being first duly sworn, depose and say that well an /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 _HOLE MONTES _ to act as out /nay representative in any matters regarding this Petition. Signature of Property Owner DAVID 1-1 BALDAUF, Trustee under Trust Agreement dated September 22, 1993, known as the RANDALL BENDERSON 1993 -1 TRUST Typed or Printed Name of Owner STATE OF FLORIDA COUNTY OF MANATEE owroneriv Owner 1fjA )WE M. R UBEN, President of 97MR -1 INC., General Partner of WR-I ASSOCIATES, LTD. Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this _7 9 day of 2004,b DAVID H. BALDAUF, Trustee under Trust Agreement dated Seotte � ein er 22, 1993, known as the RANDALL BENDERSON 1993 -1 TR UST; and WAYNE Al. R UBEN on behalf of WR -1 ASSOCIATES, LTD who are personally known to rne. Notary Public - State o�.Y Py gllcia N, Gayton\ z My Commisslon DD186658 EVIres Mamh 31 2007\ M 1642 1C 4oiay4 s�l� �� 8998604 uolsslw11O� � ��� uot�a� >� a�lro A erica ;'em No. SE3 =:b'uary 13. '1007 Pane of 2,03 TRAFFIC IMPACT STATEMENT (TIS)• A TIS 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 submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character 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: Trip Generation: Annual Average Daily Traffic (at build -out) 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 as providing or eliminating an ingress /egress point, or providing turn or decel lanes or other improveincrits. G. 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 Growfih Management Plan (GUP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all 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. P1armed /Proposed Roadway Improvements Aimlication !'Or Public Hearin For PUD Rezone 8129103 1P:12 0 0 212 0 0 20I2 \PUMAnplication 040611.doe 15 Acenda Item No. 6B r February 13, 2007 Page 60 of 203 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) iii conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assiunment: Provide a reap depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a reap depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOST: The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCB of the GMP. B. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas, a) an area as set forth below; of, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS. "C ". Land Use Residential Other (cormaiercial, indust 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft, 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up Distance 5 Miles or as required by DRI -ial, institutional, etc.) 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles fi-om. the proposed project rather than a geometric radius. Applicit.ion For Public Henrine Fur PUD Rezone 8129103 yV: 12002 \20020121PLSD�Analication 040b11.doc 16 February i 3. 2007 6 . Intersection Analysis: An intersection analysis is required for all intersections witluraiGtl3e �I31 where the sum of the pcalc-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided, This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteri stics, 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUB) and the Collier County Land Development Code. This estimate shall 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. Through Traffic: At a minimum, incrcascs 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 Improvements: All proposed or plarmed roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule maybe made a condition of any approval. 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 processing or otherwise actively pursue the rezolung 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 2.2.20.2.3) j)piication l:or Public I eRrilig For EVD Rezone 8 /29/03 w: \2002 \20026721PUD\Anttiication 090611.doc 17 Book 2787 - Page 1684 •t 1 Dut.loat` G. Brown 11. 0, Lisa 1089 f ireem inn, SC 29602 P irccl I.D. Numb= Agendaftf;p IcbPP 1 1 � A� p_ e� ge 2 f 203 �, age e�2 of 203 2760348 OR: 2787 PG: 1684 ftgC NID to MICIL HOW of C01.IIt ctt=' ib 4114!l2D0I di 01:00W 011W t. NMI, 11139 CM 7.100"D.04 uz III IR -n POW SPECIA�.L. W&RRANTY DELI) 101 1 NRNIM 8f Al l0l I [llgOF oiQC li)00 S4 Tisalt n 1301 ThN lndt•ntttrc. rnttdc thi. � , dat• c tf t J _r K 2U111 A.D., l�t�tceti'i'. Walter lim hirr a rinUent of the Coo ry of (mmiville. Stats:. of South Cansltna. gramor ; "(irstntnr "; ;uul ftunnld lictuicrsun and Divid 11. lialdauf as • l'nisteeq undor a Tnt a Agrcctnvot chat ticlitemister 22, 199.1, known a, tits 11:utdall lic•ndvr4mi 11193 — 1 't'rut:r as a tenant in Cc MMOn %ritb an undividt d 85° i, interest and W11 -1 .�s ttseicttcs, Ltd., a l•loridn htmtcd partner. hip, :t:" a tenant rn cornmon %0rh ail utidividc•d 1 :5° 11 interem ( "GrantLt, "). whosc address is, 510 Ddwa•are Avenue, titttfahs. New York. 1-12}2, Witnc:tseth than the GRANTOR, for attic/ in oinsidtrttitsn of the sum -if ...............TEN DOLLARS (610,10).._.... lit tl.l..lkw, and otlirr valuable considenuitrn, rC'ct'ipt tft wifich Lt llcreby acl;iltfkl {l'Cli'vd. ltetcb l,*mnm. bargitios. xu16, rani es, conccv.s and t; ni irtnK %ante; rile C►r mwv all that ccrt;un land simare in (;ttllier t ounn•. MoHda and more parriculativ describW tsst l:xhthtt attached beret[) and made a Part hsarcnst. There is exptessively excepted from the warranties hettin contained, all easements and reatrictions of record, if arty, and Ad Vatlarctn real property taxes for. the near 201 and subsegmnt vears. TOG !:'11-11:It %%*h all tcrierna rts, licreditaments and appurtmancetr then•tts 1whulging ttr anywise -Appertaining. TO }•1. VY" AND '1'(71•!OLD, the same in fc.^c simple furevvr. %Y'ith raped to tlla intvreKt, (if llcanald bendemon and Dm id H. lialamd, as Trustecx under a Trust AKruetnent dared September 22, 1993, known n:: the ltanthtll lkmdersctn 1993 -1 '['runt, purt:u:int to Set lon 689.471, Florida tittttut" 11991). nich Tru4tkvs :lsall have tlic power either to Protect, cunscr c and to sell. and to (c -Asc, mcutnbs•r of utltc r.L7sc to njcrtsage and dispo (if tine real prt pup convened hcrebv. '7'lte Propterry conc•crcd herein it, nut tlu: Litiincmvad 1st Gra wor in that it is; r;tc;utt land and ncYither the Grantor nor (]it! (ir:trttur's ticPctidtttttx rc tides tl.)rrcon, AND the Grantor hcrcht• covenants with sa'tti (ir:tntec• tlt;tt the [lrstut�st t� Litz fttli� ;:cizcd ol"..ud lrutd in fcv sinmpls:; ;md tisat tisc (xranutr 1W$ ,Qs,txl s[tul IWA-16 unlionry to s�cll and conveet• ,-6d hwd; and the C intntor licrubt' fttlh• warrtnntsc tlic ritic t„ :and Lint! and will defend tht: sartsc ay,ainst the latt•1•al claims of all Pcr.;sun:: datrrting lrc, throupb or under thr (;rancor, that said land is tree of all encumlirast, cx. C\Qf'rt raxcs .tccruit-g subsct.lut:ttt to 1)ccetriber 31, 2 M, ,,nd zoning, buikfinit cods and uthcr restricdon4 impnr.GS1 br governmctiml nuthorin•, PUDZ -A- 2004 -AR -6417 PROJECT #19990293 DATE; 8131/04 MICHAEL DERUNTZ htLp:/ /www.collierappi-aiser.Gom/viewc tr /Image.asp? 2/12/2004 Book 3385 - Page 2374 Apen:J'agz-j11,zf B rebruary i3, 21 7 ge63o'2 3 2— 325,1062 01*4 333e5 PG: z3, am= u o mail!, nem of COLU11 ( "16212103 at 11 :1 ??K KM 1. Ma, Cl 1 If.)R ]fir ktttt ClI1= Wo i>11dR C> tilt i LW D11i'CI>iT It Rot SPECIAL WARRANTY DEED THIS INDF.NTt!RF.. made day of �~ j__')2003. hemcr t RACETR PETROLEUM, INC.. a Georgia corporation whose address is 3 Technology Court, Smyrna. Geta 30092 (hereinafter referred to as "Grantor"), and Ronatd BendersDa and David t[. Baldauf as Trust trader a Trust Agreement dated September 22,1"3 kv*wn as the Randag Benderson 1993.1 Truss Truafee under Land Trust Agreetatent dated Ault lid, 2003, as a tempt ia:comrtaoa with an u"vi 65% interest, 570 Uelawant Avenue, Buffalo, New York 14202. and WR -I Assaeiates, Ltd. as a txmm common with an undivided 115% interest, 8441 Cooper Creek 13outevard, University Park, 'rL 34: (hereinafter referred to as "Gruritee") {the words "Grantor' and "Grantee" to include their respective sueces; anti assigns when: the context requires or permits). W11NE- H.T1J.THIkT• GRANTOR, in consideration of the sum of Ten and No/] 00 Dollars ($ 14.00) in hand pai and Worse the scaling and delivery of these presents. and other good and valuabie consideration. the roc, and sufficiency whereof are hereby acknowlexlged, has grattted unto said Grantee all of that property rr particub.rly descObed. in ExhiM"N.". � attached hereto and incotportted he-min by this refemice. together 3 all improvements located on the property shown on Exhibil "A "; {the real property described in bit` shall hereinafter be colioctive)' TeFeMed to as the "Property"). Notwithstanding anything contained here! the contrary, the Property is conveyed subject to throe maliem set ftxth on l .xhibit„ "B ", attached hermam this. reference made a part hemtrof. GRANTOR spec'! Fwaliy disclaims ali rcpre:,entatkms,and warranties, either expm..ss or 'imps mgading the Contract Property or the compliance of the Contract Property with applicable fedora[, stag local statutes. ruies. regulations or ordinances, The Property is conveyed to Grantee "AS lS ",'VnTH .4 FAULTS". without guaranties w warranties of any kind, express or implied. except as to Grantors l'trn warranty of adc, GPWME assumes all liability and responsibility for and shall indemnify and hold Gran and its officers. directors. emplove%!s. shareholders and agents harmless from and against tiny and all clai http:// www. colliei-appraiser .com /viewot-/lmage.asp? 2/12/2004 �n � wi m 41 `- rcrsst,d ny ucncraj cou"d Ramm NtrPI um Lm no le:hH[f1ES9')' Vmn 51rtyrW CJA 10W1 Apen:J'agz-j11,zf B rebruary i3, 21 7 ge63o'2 3 2— 325,1062 01*4 333e5 PG: z3, am= u o mail!, nem of COLU11 ( "16212103 at 11 :1 ??K KM 1. Ma, Cl 1 If.)R ]fir ktttt ClI1= Wo i>11dR C> tilt i LW D11i'CI>iT It Rot SPECIAL WARRANTY DEED THIS INDF.NTt!RF.. made day of �~ j__')2003. hemcr t RACETR PETROLEUM, INC.. a Georgia corporation whose address is 3 Technology Court, Smyrna. Geta 30092 (hereinafter referred to as "Grantor"), and Ronatd BendersDa and David t[. Baldauf as Trust trader a Trust Agreement dated September 22,1"3 kv*wn as the Randag Benderson 1993.1 Truss Truafee under Land Trust Agreetatent dated Ault lid, 2003, as a tempt ia:comrtaoa with an u"vi 65% interest, 570 Uelawant Avenue, Buffalo, New York 14202. and WR -I Assaeiates, Ltd. as a txmm common with an undivided 115% interest, 8441 Cooper Creek 13outevard, University Park, 'rL 34: (hereinafter referred to as "Gruritee") {the words "Grantor' and "Grantee" to include their respective sueces; anti assigns when: the context requires or permits). W11NE- H.T1J.THIkT• GRANTOR, in consideration of the sum of Ten and No/] 00 Dollars ($ 14.00) in hand pai and Worse the scaling and delivery of these presents. and other good and valuabie consideration. the roc, and sufficiency whereof are hereby acknowlexlged, has grattted unto said Grantee all of that property rr particub.rly descObed. in ExhiM"N.". � attached hereto and incotportted he-min by this refemice. together 3 all improvements located on the property shown on Exhibil "A "; {the real property described in bit` shall hereinafter be colioctive)' TeFeMed to as the "Property"). Notwithstanding anything contained here! the contrary, the Property is conveyed subject to throe maliem set ftxth on l .xhibit„ "B ", attached hermam this. reference made a part hemtrof. GRANTOR spec'! Fwaliy disclaims ali rcpre:,entatkms,and warranties, either expm..ss or 'imps mgading the Contract Property or the compliance of the Contract Property with applicable fedora[, stag local statutes. ruies. regulations or ordinances, The Property is conveyed to Grantee "AS lS ",'VnTH .4 FAULTS". without guaranties w warranties of any kind, express or implied. except as to Grantors l'trn warranty of adc, GPWME assumes all liability and responsibility for and shall indemnify and hold Gran and its officers. directors. emplove%!s. shareholders and agents harmless from and against tiny and all clai http:// www. colliei-appraiser .com /viewot-/lmage.asp? 2/12/2004 Book 2430 - Page 1495 r . 3�1lattia. 236�'?� tsifjz+�xtr PREPARA•i GNONLY WIZ"b OUT OPINION WARRANTY D►EM Agenda V Februar l3. �2' 7 Page 64 of 203 M2901 OR- 2430 PG: i q 9-5 no= b a cm " of coc 1 r /il133S1 at MUM Mm L a=, = I w m %a: owiw= fil Z , m" ftw 1 n wa T IIS WA '.ANTY 1 tttidc the !.•- day of . �,, v +� .1958, by A do - VdAck Ports Cram my, a Ktuuxy Sao, bmcLuow CWW liac MANTO& to 951 Cum2xx= Ccni Prop coy Owsxasi Asian, wbwwpost office a ddma is 7 Spesti Drhrr, Cnvftox4 ICY 43017, haekw3ct calm the GRANTEE (%ttsYastx' used bcts n the arm "ps ce end "graMe indu& all the Putits to this i= cMmv=A y asad d3,-. fps, hSA aept=uMJSUV s and usszgxs of the iD&ViduRls, AVd the suat100M aid =Sim WrM sSMrH: That t w gCAEl+nr, for aud in csoatdctatsatt of tlr,-. mmk of StO.00 uW soils, a1 s;, mmlissm=I=Sr., oortveys aed arras unto the P=tcc, an The tcrwn iamd shunt. � �ltitx' Ccturiy, l�iprida, vim i Traorts A do 1L, 451 C=mem Cc V=, in 2nrdm= with mvl sllbmO to 11be Pbu dv=cf as rcau3=d in P WA Rook 17, pnm F and 2, of the Puislic PU=4dr, Of CzUkr Coarrty, Rkwhk, ttss tbme kwWs c=mycd by Dwd racorded ut OR BwA 29U, Aagc 2377, of the PUU' c PWOWS of COMM Cauut3•, Flmisia. 2172SM2056 snA 20850M, 302 L TOO K with 231 tl= tcww=ft hm-ditmwas and Mraimu=.s a=tlo bc10s9A* in movic qpawltins. TO HAVE AN13 TO HOLD dw ssstae in fee Sim* #nttm. AND tiro Vwawb=tby caves WAh said Po t e Omd the F=%wr is iawfutly M=d of xaid l d in fcc 4 that the grantor hn Pod rWbt aril lawfW atttl=ty tv WU sad survey aid UW, dug the gtaaw b=tty €ulV vvaEUMU then thk to sold Ind wd will de€md the sacwC rmimg floe lxwfW tiaras of all patatms whomwe+ver, :ud that said land is fi= of all cww*vwoc:s, =ccypt t accxtxhV sa6wTjem to D==ba 3l, 1997; MiW, building Dock =d otfwrmftkSum imposed b y gavcxurssrattycl amity sari tbusc nsamkxs sct os oa Exba"bit Oe aftcbrd l td Md Hared-- a pert i=wt http:// wwvA ,,.collict•appraiser,com/viewcr /Image, asp? 2/12/2004. Book 1,562 - Page 1875 Page February 13, 2007 age 53 5 o f 2'03 ..-iAiAk**AWvV cilia Hidi"t I.Ti ti MT -2 -Tigilki trail if �rloridij- 393 PanyA - 6, 33940 'COLLIER COUNTY RECORDED I* Wi b U Felt %WM br.,*. T.k. Coleman# MU&eat Title a uaran t am . - OR BOOK PAGE hw%Qor4=y'of Florida, 3936 Tamiaml Trail -Northp, hliples., FL 31940 , PROAM -in __u_xwit%ry Stijnp Tax njunction. with the itaisance of iitllt cc Received Ail C64 "G' In2arl@ible P=vW MPW=& tPoW fWAM ?WPWdy Tax WL CLERK OF WUMS "ftifto) 8,0OX a lie D.0 6 6 0 Jig- Ut" lxw :Ull MR 00MON" CAM 'a jvu�!; • �i ec�,; ro PRM Veft*. Pted 44! - a,ttiq VAN' Uteri ih . W J, L), 19 75 Alligator Alley Developmmt, - Inc. ;'!d Pil'I'M af—m- IND um rxtjflna IJ14f+ IFW low* 04 Ilarids'.. and 6,;ing jii,'PAn 6�ajn#jg ja 415 IGtb* Avenge SoLith, Net :M.33940,cib Harry P. Wing t, us H4,tonald's Corporation.d/b/A McDons,34's Corpo� i�ation "D."ra Company LA�Q'lr Putaffice' ;.4drm office Boi 66207....IM Iihic 'XI.Jitjoil; 1"nalivr eaIW the grantows Olden �n N4' "P_UsX"' of t;= -0 IM NAPA W OF and An caftaw'h lion. at jr4lij) Wj�t"af.jit hq4alk' fjWSW Mirni I 7da" Craig. &""U' im'gn' MV6�i* convey.. and 16t Verw4 amid sit"If in cdi-lier TV418h i", 'Lot I of 951 Camerca-G jp4g SMittlh,�- entery Range 26 rkat, -CAIier,C6Unvt*' _Plbi�"Igj thetedU r"bxd6d Soak 17 at pages in I and 2of tWe PuKic Reacras of coniir t f" MIA 41U 16 1]% &ry• is Wa ofantet Ikat'n '4 I4WIUffr'AIqzMd-*I S I"J. IM 'reo grantor CVV#qWn k iW AW aide lit 6i Illibl, aw 601"t Guilwaty to *all Wj Warway sad:6A. 16t it 4W-6iJLjIx"_W- " o6 A - 14 to seed arid: &A del" sata* aiwito 16 6.�ful I to December 31, tpt.taxes accruing subacqUant 'A'W ?AA bd to bw of I in the Frawar hw cdumd L6" PMA"MIN, to I* li"tcuwa iA AU na'4.­i;ij'jU 4. rpa" A*dI is 6 Its Aldo), and yftrfjrgt 4.bGV*'W!nIjIM 75 4 4111gator AlITY W%velOPM61ILP Ima- Rar F. hadimsha rlbrldc . L . imtic IN Collier ER LINTY Xft :t MIAM C113"Ity Us -in. Wr— ,.... ...4rr.; OW, _4.1'.4 1. Lk-. S. w "4 vN,.w.W w a6 Harr). P. Sadiughaua lu- 16, aw6l.'4 14 0. C—h %W Alt* Iw k—.w L VL littp://,A,ww.collicrappralser.com/viewei-/lmagc.asp? 2/1212004 Boole 2,559 - Page 1831 This instrwrjent prepared by and return lo: Wilhelmina F. Kightlinger, Esq. Rudnick & Wolfe 101 Vast Kennedy Boulevard, Suite 2000 Tampa, Florida 33602 Property Appraiser's Tax Folio No, 0000021785000207. Agendap § Jib February 13, 21 P ge -R, of 203 j 2492490 OR: 2559 1 t l; 3 RBCDUID iD QYIICIAL HCOM Of COLT 06 /1611999 at 01 :15H DVIGY R, U01 CDR! &8C DOC• Retn: iDDUCX i KOLF1 101 is XBRUDY BLVD WOO 1ANH It 33642 9123 SP>D't"'1A.L WARRAD11 Y I?EED THIS SPBC CAL WARRANTY DEED is made as of the day of June, 1999, b between T. WALTER BRASHIER, whose mailing address is 252 South Plea santburg Drive, SA, ,Cszeenville, South Carolina 29507 (hereinafter referred to as the "Grantor "), and TROM AND COMPANY, INC., a Florida corporation, whose mailing address is 1720 El Jobean 3 Pots Charlotte, Florida 33448 (hereinafter referred to as the "Grantee "). )'ITNEaa ETH: '£he Grantor, for and in consideration of the sum of Ten and No /100ths Dollars ($10.0( other goad and valuable considerations, the receipt and sufficiency of which are h acknowlcdgcd, hereby grants, bargains, sells, conveys, remises, releases and transfers un[ Grantee, its succemrs and assigns, all that certain land situate in Collier County, Florida, morn described as follows (thc "property "): See l,� it "A" attached hereto and made a pan hereof, which Property is sub}eot to titosernatters set forth on &�ciltil -Lt "B" attached hereto acid hereby made a part hereof (the'Termitted Exceptions "), TOGETYMR with all the tenements, hereditaanents and appurtenances thereto belongi in anyvrisc appertaining. TO HAVE AND TO HOLD the same in fce simplc foirever. 'rheGmntx dots hereby covenant that Grantor (i) is lawfally seized of the Propervy _ simple, (ii) has good right and lawful authority to sell and convey Elie Property, and (40 warran' will defend the same against the lawful claims or all persons whomsoyver claimins by, duou ....,.i— 4— r—,—+-- 1 * ----+ +.'a.+,. —6,—r e,ri.;,an+ e„ 4..a Ids, —;1t" TIw,- a,»t;n"& 11tH': / /www,collierai)praiser,coin/ viewer /Imagc.asp? 2/12/2004 Book 2011 - Page 2377 A.gencVagm 1vof8B February 13, 2007 ag° JI of cam' t 203 1987630 OR; 2011 PG, 2377 HCOLVID is 0IIICA6 "OOIDr 0( CDUHI courI, n 1211004 at 91;I1a May I. 1t=, CL111 ewrs 522021.0t etc nI 11.99 W -.12 3526.01 tatat — WARRANTY DEED via ? i & hill Aa 10d rn t THIS WARRANTY DEED made the :7 day of Demuber, 1994, by 75 & ALLIGATOR ALLEY DEVEWPNSW, INC., a corporation existing under the laws of the State of Florida, having Its principal plow of business in Collier County, in the State of Florida, and hmw Iy mithor zed to transact bu>sinm in the State of Florida, party of the first part, and B & G REALTY, INC., a corporation existing under the Isws of the State of %cousin, having its principal place of business at 25D Fast Wisconsin Avenue, 27th floor, Mlwaukte, Wisconsin, party of the second part. W11NESSE -M Thai the said party of the first part, for and in consideration of the sun of $10.00 and other valuable eDwide7aiion% to it in neared paid by the said party of the second P4 the MXipt whereof is hereby wknowla4pd, has Vanted, bargained and sold to the said party of the swoW part, its successors and assigns forever, the following described lend stu=c, lying and being the County of Collier and State of Florida; to-kit: http ; / /www.tolliei-al)pi-aiser.com / viewer /lmage.asp? 2/I2/2004 The Soutliaiy 214 axes of Lot 6, 951 Commerce Crater, according to the Plat th mfz as recorded in Plat Book 17, Pages 1 and 2, of the Public Records of Collier Conroy, Florida All of,nud parcel lying in the East 12 of Section 34, Township 49 SoutI4 Range 26 East, Collier County, Florida, bring more par6cu arty described as follows: Cotrunertcc at the intersection of the Northmly Right -of -way Iin of Bcdwl Circle anal rile Easterly Right -or- -Way line of Bedzel Circle as shown on the Plat of 951 Commerce Center, a000rding to the plat tfrerxog as recorded in Plat Rook 17, Pages 1 and 2, oFthe Public Records of CuldicrCoutty, Florida; dim= along said N Raste iy Might -of -Way lime of BW=l Circle, South OD01346" Wed a distance of 62.78 fett, for a Point of Beginning; trance continuing along said Easterly Right. of -Way line, South OD°I3'41i West a dlstaace of 407.22 feet, to a point of < ar ahae; thence 196.35 feet along the arc of a calve to the right having a radius .. of 125.04 feet through a central angle of 90°WW' and subtended by a dwrd Which tzars South 49°I3146" West for a chcnd distance of 176.78 fens, to a point 'e of tangency; thane along the Southerly line of Lot 6, South 8914614" East a o disw= of 177.53 feet; titerice along the Sox amntaly lints of Lot 6, 160.45 feet i° fd along the arc of a cutrve to the right having a radius of 224.66 feet thrtwgh a caural angl- of 411°5510" and subtergled by a chord which bears North 57°31154" # Easi for a chord distance of 157.06 feet; thane along the Eastaiy Iine of Lot 6, North 00°32'14" West a distance of 447.42 fed; th= along a nrcw line of division thmugh said Lot 6, ),forth 8914614" West a distance of 178.72 fed, to the Point of Beginning. http ; / /www.tolliei-al)pi-aiser.com / viewer /lmage.asp? 2/I2/2004 a5/23/2DO3 14:00 9417322585 t7al 41/ ZV0C 11-.41 741l�aL�tJS CC ENG PLAN ROOM Age -, ida t: . ,� rr ruH+� r�u�tri Bi3(UafyNC"r Page 68 of 2103 7;A rfAUM COUNTY PUBLIC UTILI S DIVISION_ 3341 E. Tamiauu Vail IF Naples, Pl•trida. X4112 • (259) 732.2575 • BX (139) 732 -2526 May 23, 2003 RE- SUBMITTAL PUDZ -A- 2004 -AR -6417 PROJECT #19990293 ED le Montes DATE. 5111105 950 Encore `Fay MIKE DERUNTZ Maples, FL 54110 Re.. 1.75 ,Alligator Alley pUA Water aad Wast* attar .P,vailabzlity Dzar I& Neal: 'Water and sewn service is available for the above xeferml:ed project via existuzg lines along B--di r.1 Circle. A. master meter ahall be required for such £aci'iiti-:s as rental apartments, shopping centers, strip mails,, high zise condowiniums, rearreatioual vebk a pares, nioWt home paxlts or any other multi - family projects that caj=t or do nct provide the rewired CUES paralleling a rypical single family street cross- sectjon or any caller project that does no ccsmply with oT raeetthe jntetrtion of Ordinance 2001-57, as amended or stzperceded. If this project is not to prwvidc, the rewired CoD;,zr County Utility Easements (CUES), all water and sewer fadli'iies shall be owned and zr: sintained by the c wngi, bis successors or assigns. Tf this project is to provide the squired CUES, all water and sewer facilities shall be owned and maintained by Collior County Put iic Utilities. Ti4-in to water and se~war lines .shall be rnacle af= subuussion and aPPzvv'ai of the hydraulic ca.oulatimi& by �E tlgtzerin; review Services, showjn� that the dovmstremn syste= are adequate to handle the i=rease in h ow. The Disfrict will be zuai;dz g phased expaasir3ns to the aster supply, treatment and transmission facilities and sevvage tr=uiissiou, treatmett and disposal facilities strzvicing the area iii question and other areas o£ the Cauaty, has83 on damauds within the system acrd other binoiz�g con mkrii=ts. These ecpansi,onks should provide sufficient capacity to supply the refmnaed property's antkipated yotable water and sewage treatment =d disposal d ==ds anal the remainder of the Di.:ttiot's co vmittod capacity. )Iowever, no guarantee can be issued that other devetopl'mants throughout the District will V:JEnPJnverst6 i'al¢��tivrlLtiMli`r /A�nNibi7ily SCtlbo 4/"y!\ 4' 05/23120073 14:30 9417322585 Mr. Jerry Neal, P.E. May 23, 2003 Page 2 CC ENG PLAN ROOM - ',zlieiica Ik gLE� c,023 w uw i uKi7 i�u�re F- 1)fUax��.��i. uot have an impact on the quantity of poWile water and sewage treatmwt and disposal capacity available to this propevl r until each phase has receivers a commitment for sarvim Connections are also subject to the availability of water and sealer capacity at the time formal applicadflm is received. Should water s<<pply or sewage treatment and disposal capacity tot be availzbie, the Developer would 'Im requixed.to provide an inter mews of water supply and =atmeat and sewage treatment xud disposal until the Di.atziefs facilities have the adequate capacity to serve the :;iraject. Please note that any and all improvements that 3, Ott construct most be in accordance witb all applicable ordhimcos and policies, inolading 9 he payrneat of impact fees. Should yon have any further questions, please fea:1 free to oontact me at 1339) 732 - 2575. Sincerely, Barbart A. Olko r ministx -.Wve Assistant c: Diane Dcoss, Utility Billiva & Custom= 5 ervice Wes HM, Bngueering Services Heather Swe:t,13tii Billing & Customem Service GifF�. yuurm� 'iucr✓Avolie�:y�AV,[bbi�ip� ion:. UNITED STATES POSTAL SERVICE March 9, 2005 Robert L. Duane, A- I.C.P. Hole Montes Engineers 950 Encore Way Naples, Pl. 34110 Letter of no objection, I -75 /Alligator Alley PUD, Age' AA It- N a Page 70 of 203 RR- SUBMI'T'TAL PUDZ -A- 2004 -AR -6417 PROJECT 419990293 DATE: 5/11/05 MIKE DERUNTZ The Postal Service has no objection to delivery in your development, pending the mode of delivery in which we will establish in accordance with your approved P.U.D. Sincerely, Bob Skebe Growth Management NAPLES MAIN OFFICE 12811 GOODLETTE RD N NAPLES, FL 34102 -9998 Aoenc a item rJo, 8S rebruary 13, 2007 Page 71 of 203 Devefopmenl Services Department Community Development Dlvlslon I Collier County Government 2600 North Horseshoe Drive I Naples, FL 33942 -6917 Phone: 813 1643-8400 Current Planning April 20, 1994 Mr. Bill Hoover, AICP Butler Engineering, Inc. 1645 Colonial Blvd. Fort Myers, Florida 33907 Re: Approval. of Preliminary SDP-- 94 -32, Budgetel Hotel at 1 -75, Alligator Alley PUD, Subject to Conditions and Stipulations. Dear Mr. Hoover: The Current Planning-staff has determined the proposed Preliminary Site Development Plan (SDP- 94 -32) to be in compliance with the standards set forth in Division 3.3 of the Collier County Land Development Code. Changes-in use and /or design of this plan are not authorized without' written' approval by the County. Changes shall require re- review in accordance with all current. County codes including parking facilities, utilities and transportation. Final plans may be submitted to Project Plan Review subject to the incorporation of all conditions and stipulations listed below: 1. Current Planning: Approved subject to the following: a. A single hedge row shall be provided along rear of property (between parking lot and C.R. 951). b. Notwithstanding this preliminary site development plan approval, the applicant /petitioner is hereby placed on notice that the requirements of other jurisdictional agencies (i.e., fire, health department, or other state and federal agency) are the responsibility of the applicant /petitioner to account for in the design of this site plan and that these other agency requirements may require amending this site plan and resubmission for LDC consistency relationships. C Agenda !tern No. 8B February 13, 2007 Page 72 of 203 Mr. Hoover April 20, 1994 Page Two c. Section 4.4 of the I -75 /Alligator Alley PUD document allows a maximum density of 26 hotel /motel units per acre. The subject Budgetel Hotel proposes 108 units on only 2.14 acres which results in a density of 50 units per acre. However, Section 3.5 of the PUD document allows for the transfer of development densities within the Conservation Area to developable portions on the site. Therefore, the petitioner shall provide on the Final Site Development Plan a legal description. of the area required (2.01 acres) from Conservation Area that is being used to .transfer development densities to keep the overall density at 26 units per acre on Tract G. d. The maximum height of the hotel shall not exceed 5o feet. 2. Project Plan Review: Approved subject to the following Water Management and Engineering a. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Plan Review. -for keview. No construction permits shall be issued unless and until approval. of the proposed construction in accordance with the submitted plans is granted by Project Plan Review. b. Design and construction of all improvements shall be subject to ,compliance with the appropriate provisions of the Collier County Land Development Code, Division 3-.2 C. A copy of South Florida Water Management District Permit Modification with staff report is required prior to final site plan approval. d. Work within Collier County right -of -way shall meet. the requirements of Collier County Might -of -Way ordinance No. 93 -64. e. No vehicle shall be forced onto any street to gain access from one aisle to another aisle. (LDC 2.3.4.6) Southernmost parking lot will not be permitted. Final Site Development Plan shall be revised accordingly. �,nda Item Pao. 3 �: r a,•�� 13. 200— image 73 of 203 Mr. Hoover April 20, 1994 Page Three f. The existing twenty foot (201) drainage easement shall be called out on final plan. Utilities a. Connection to the existing water and sewer facilities within Bedzel Circle right -of -way is required and must be completely illustrated on the final site plans. Supporting engineering construction drawings shall be provided showing location, configuration and size: b. Prior to Final Site Development Plan approval, a letter of water and sewer availability from Collier County Utilities Division shall be submitted. C. Design and construction of these facilities must be in compliance with Ordinance No. 88 -7G, as amended. Environmental a. A site visit has shown a cabbage palm to be located on the subject property. Provide a site clearing plan showing the limits of clearing or provide a note on the site plan indicating the removal of the cabbage palm. Amend the "General Vegetation Inventory and Assessment" ,note on the site plan to reflect this change. b. Submit the appropriate site clearing fee. 3. Addressing Pursuant to Ordinance No. 81 -47, no proposed subdivision, street, building, condominium or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Community Development Services Addressing Department. Agenda Item No. 813 February 13. 2007 Pa-e 74 of 203 Mr. Hoover April 20, 1994 Page Four 4. Transportation Services: Approved subject to the following: a. Internal stop bars and stop signs should be added as shown on Ed Kant's memorandum of April 4, 1994. b. The stop bars and stop signs shown at the entrances should be relocated so as to be within the property boundaries as shown. c. The southernmost driveway shall not be permitted. A possible redesign would cross the existing easement. To accomplish the foregoing reconfiguration, an easement would have to be obtained from. the Collier County Water and Sewer District. Such easement would have to be subordinate to the District's own easement. All other review agencies have approved the- -above referenced application without stipulations. Should you have any questions regarding the stipulations noted above, please. don't hesitate to contact me at 64:3 -8469. Final Site Development Plans may be submitted to Ms. Sandy Hackney of Project Plan Review. Should you-have any questions regarding the Final SDP process, please call her at 643 -8473. For your convenience a Final SDP check list describing submittal information has been enclosed with this correspondence. Sincerely, Raymond V. Bellows Project Planner RVB /md Enclosure cc: Sandy Martin, Property Appraiser's Office. John DiMartino, Customer_ Services /Records July Adarmes, Project Plans Review PZ94 -90 eb,uary 13. 2',"07 !Page 7'v Oi 2C3 Technical Memorandum Mr. Donald Scott, AICP — Collier County Transportation Planning Mr. Nick Casalanguida — Collier County Transportation Planning From: Richard M. Reiff, P.E. QA--- September S, 2006 Subject: Alligator Alley Supplemental Traffic Impact Study Introduction Kimley -Horn and Associates, Inc. (KHA) has conducted an analysis to estimate 2009 traffic volumes along County Road 951 (CR 951), also known as Collier Boulevard, from Interstate 75 (I -75) to Davis Boulevard/Beck Boulevard in Collier County, Florida with consideration of the Alligator Alley development. This analysis also included a review of intersection and roadway segment level of service (LOS) estimates along the CR 951 study corridor. The three (3) study intersections included in the LOS analyses were: CR 951 & 1 -75 North Ramps (Northbound); CR 951 & 1 -75 South Ramps (Southbound); and CR 951 & Davis BoulevardBeck Boulevard. The roadway segments considered in this analysis included CR 951 from 1 -75 to Davis Boulevard/Beck Boulevard. Future Traffic Volumes Vehicle turning movement volume counts were conducted by KHA at the three (3) aforementioned existing intersections during the p.m. peak -hour period (4:00 p.m. to 6:00 p.m.) to quantify existing peak -hour traffic volumes within the study area. The counts were conducted in February 2006 (peak- season conditions), and were adjusted utilizing the FDOT weekly adjustment factors for Collier County. The development of 2009 future traffic volume estimates was conducted in three steps. Traffic volumes associated with major, approved developments in the area, an annual growth rate along the CR 951 corridor, and the diversion of traffic to the new I -75 & Golden Gate Parkway interchange were considered. Agenda Item No. 83 February 13, 2307 Page 7U of 203 Based upon discussions and agreements with Collier County and FDOT District One staff, traffic volumes from the un -built portions of 10 developments were incorporated into the analysis. The developments were separated into three groups by location and are listed below. West of CR 951 • Abercia North • Abercia South • Elementary School G • Golden Gate High School • Magnolia Pond Condominiums East of CR 951 • Borrow/Rock Pits (three separate developments) • City Gate — Phases 1 & 2 • Whitelake Industrial Park South of I -75 • Davis Crossings Westport In addition to the 10 developments above, consideration of the Alligator Alley shopping center was also included. The traffic volumes associated with these major, approved developments were taken from the most recent and available Traffic Impact Study data that has been conducted for each development. However, no traffic data was available for the Whitelake Industrial Park; therefore, a trip generation and distribution review was conducted. Traffic volumes generated by the Whitelake Industrial Park for the p.m. peak hour were estimated using the Institute of Transportation Engineers' (iTE) Trip Generation, 7th Edition (2003). As part of the trip generation estimates, internal capture trips (including interaction with City Gate — Phases 1 & 2) and pass -by capture trips were considered and determined based upon information contained in the ITE Trip Generation Handbook, 2od Edition (2004). Whitelake project traffic was then distributed and assigned to the public roadway network based upon the results of a Florida Standard Urban Transportation Model Structure (FSUTMS) select -zone analysis run. Worksheets documenting the trip generation and distribution review are provided in Appendix A. In addition to the traffic associated with the major, approved developments, the existing 2006 peak- season volumes were adjusted by a four percent (4 %) annual, linear growth rate. This growth rate is based upon the agreed upon growth rate development methodology between Collier County and FDOT District One staff. Page 2 of 5 4gen'a Ite .r I`ve. �_::� R page t , 0 2" -'_''3' Finally, the diversion of future traffic from the 1 -75 & CR 951 interchange to the planned 1 -75 & Golden Gate Parkway interchange, currently under construction, was considered in the future 2009 traffic volume estimates along the CR 951 corridor. The diversion of traffic to the I -75 & Golden Gate Parkway interchange was estimated by comparing two FSLJTMS analysis runs, one utilizing the existing roadway network, and one utilizing the existing roadway network including the new interchange. The results of this comparison indicate that the traffic volumes utilizing the I -75 & CR 951 interchange would be reduced by approximately 15% due to the new 1 -75 & Golden Gate Parkway interchange. The traffic volumes from the l 1 major, approved developments (including Alligator Alley) were added to the growth -rate adjusted, peak - season traffic volumes to produce 2009 traffic volume estimates, which were then adjusted with the 15% diversion to the new I -75 & Golden Gate Parkway interchange to produce 2009 total traffic volume estimates. Worksheets documenting the intersection traffic volume development are provided in Appendix B. Future Improvements Based upon the discussions and agreements with Collier County and FDOT District One staff, several planned improvements along the CR 951 corridor were included in the review of 2009 LOS estimates of the study intersections and roadway segments. The planned improvements are related to the CR 951/Davis Boulevard corridor, and for the three (3) study intersections include the following lane geometries. At the CR 951 & I -75 North Ramps (Northbound) intersection, consideration of four (4) northbound and southbound through lanes was included in the LOS analyses. At the CR 951 & I -75 South Ramps (Southbound) intersection, consideration of five (5) northbound and four (4) southbound through lanes, two (2) southbound left -turn lanes, two (2) eastbound left -turn lanes, and three (3) eastbound right -turn lanes were included in the LOS analyses. At the CR 951 & Davis Boulevard/Beck Boulevard intersection, consideration of the following intersection configuration was included in the LOS analyses: P. Eastbound Approach — Three (3) left -turn lanes, two (2) through lanes and one (1) right -turn lane; ► Westbound Approach —One (1) left -turn lane, two (2) through lanes and one (1) right -turn lane; Page 3 of 5 Agenda !tarn No. 3B February 13. 2007 Paoe 78 of 203 Northbound Approach — Two (2) left -turn lanes, three (3) through lanes and one (1) right -turn lane; and P. Southbound Approach — Two (2) left -turn lanes, three (3) through lanes and two (2) right -turn lanes. LOS Analyses Based upon the future intersection traffic volume development and the planned lane geometries previously described, an intersection analysis was conducted for the three (3) study intersections along the CR 951 corridor utilizing the Highway Capacity Manual methodologies defined in Synchro, Version 6.0. In addition, a roadway analysis was conducted for the study roadway corridor also utilizing Synchro, Version 6.0. For the intersection and roadway analyses, a LOS standard of LOS E was considered. The results of the intersection analysis, utilizing the future p.m. peak -hour intersection turning movement volumes, are summarized in Table I and indicate that all intersections are expected to operate at an a acceptable LOS during the -. future 2009 p.m. peak hour. Summary worksheets of the intersection analyses are provided in Appendix B. TABLE I 2009 P.M. Peak -Hour Intersection Conditions Intersection LOS Standard Intersection LOS CK 951 c& 1 -75 North Ramps (NB) E C CR 951 & 1 -75 South Ramps (SB) E B CR 951 & Davis Boulcti�ardiBeck BoulevUrd E C The results of the roadway analysis are summarized in Table 2 and indicate that all roadway segments are expected to operate at an acceptable LOS during the future 2009 p.m. peak hour. Summary worksheets of the intersection analyses are provided in Appendix B. Page 4 of 5 renUa I � No. 3B ary' '13, 2'D07 P;a:,e -179 o. 203 TABLE 2 2009 P -M. Peak -Hour Roadv aN Conditions 110S Roadn a� LOS Raad�sa} Sc�n�ent N It sit Standard -i I -75 North Ramps (NB.) to I -7� � "'oath Rarnps (SR) E B D I I -7� South Ramps (SB) to Davis Boulevar&Beck Boulevard E C D Closing Based upon discussions and agreements with Collier County and FDOT District One, this technical memorandum summarizes the findings of the analysis to estimate 2009 traffic volumes along CR 951 from I -75 to Davis Boulevard/Beck Boulevard in Collier County, Florida with consideration of the Alligator Alley development. This memo also summarizes the findings of the intersection and roadway segment LOS estimates along the CR 951 study corridor. H:V 04 8 6490 1 7200 6- 081Memo.C"51.090106.dac Page 5 of 5 Aaenda Item No. 3B Febr; ary 13. 2007 Page 80 of 203 APPENDIX A: Whitelake Industrial Park Trip Generation and Distribution Worksheets O J co a, CZ 71 co a- a� y Q 0 Q C 0 m Cl) �c 4m U 0 Q C (L m L� 0 N W W Z W z o 0 0 S O Y Y W u� CL a CL a N W W Z Z o W 0 a_ W W a � 0 S O Y Y W u� CL a CL a FY 0 Z IL IL is y4 a O n A a C a w cc LL U CR p� a p /aA1 =3 f rr t E I�4i l - - _ • lJ zJ E 4 rgi 4. Jli 9p Ff «•' I+t �IPIfl''r 6 pCf1 ^'? rd _ IIt uA ~J L v l T•I ���T;J V y SC -Jr - m ;? -Y - rtrA V.J J-1 `L I i l W J -. t F_ 9 _ d i S FY 0 Z IL IL is y4 a O n A a C a w cc LL U CR p� a p /aA1 =3 'm ti--) moo o cv �i �-> (B J 7 Q Cj /1. 0 d a _3 R 0 u o - D N O 0 O F- N u T � 0 r � d 0 00 u� • N C w o N- Ot�- 0 D N -t tR r -er -d -r o- �r c C ec so -N t O Dc 0 rr. X; -OP -r -n uhd Agenda Item No. 8B February 13, 21007 Page 84 of 203 INTERSECTION TRAFFIC VOLUME DEVELOPMENT CR 95I & I-75 North Ramps (NB) TRAFFIC CONTROL: Signalized COUNT DATE: February 16, 2006 TIME PERIOD: 4:30 p.m. - 5:30 p.m. PEAK HOUR FACTOR: 0.95 -evire rum vwaw=Tr'- PRo FFtT FRR W2U_ WET WM MBL 111111117 NSR Raw Turning 011owsoonent Count 16976T1 1.007 1.216 Peak-Season Correction Factor 0.90 0.96 ()go EBL q ­ Diversion due to Golden Gate interchanc TOTAL VESTED TRAFFIC ____L t EST L. WRL WBT WSR NBT NBR 34;1 7a1 73 3 ,irs To Buildout Yearly Growth 4 P 4 " BACKGROUND TRAFF D_K: T E, 2009 NON-PROJECT TRAFFIC I j 224 5 1e4 1�,21 _j 2, 795 ­ TYPE EBL WT EM VML WBT WBR NBL MST MDR SST SBR New 43 7- 0 T 42 "TOTAL TRAFFIC" ESL EST EBR WSL WBT WOR 2 TOTAL TRAFFIC 5 1 194 A �.gen-da 8577 of -', 0 3 INTERSECTION TRAFFIC VOLUME DEVELOPMENT CR 951 & 1-75 South Ramps (SB) TRAFFIC CONTROL: COUNT DATE: TIME PERIOD: PEAK HOUR FACTOR: Signalized February 16, 2006 4:15 p.m. - 5:15 p.m 0.97 "EXISTING TRAFFIC" EEL EST EBR WBL WET WBR NOR SOL S8T SBR 167 1,092 F-Raw- -Turning Movement -Counts �Se..­.—,,.- 0.96 0.96 P Correction Factor -Lj-- Z PERK - SEASON VOLUMES j 97 2,064 J 164 33 1 1,970 "NON-PROJECT TRAFFIC" ESL EST EBR W5L WET WBR NBL NET SBT SBR OR 951 Wl"t - Net. New 209 CR _951,Afest - —pasz-by fit 1-_- F 2 09 - T + CR 951 East - Net, New "17 CR 951 East - Pass-by South of 1-75 Diersion due to Golden Gate interchange !74 T TOTAL VESTED TRAFFIC Years To Bukdout (too ) Yearly Growth Rate �ACKGROUND TRAFFIC GROWTH S. 2009 NON PROJECT TRAFFIC 409 "PR03ECT TRAFFIC' LAND USE TYPE ESL ENT Alligator Alley _j tiew- TQTAL 4RR03ECT TRAMC 21M S 3 4:_ 2.W 1 193 1 313 1 1,M WET WER NBL NET SWT SBR B4 43 43 F- "TOTAL TRAFFIC" ESL EST EBR WBL WBT WBR NBL 14ST NBR SBL SOT SBR f 2G09 TOTAL TRAFFIC `.',­'::.' ; 100 1,102 i 1 1 2,732 F 197 1 313 1 2.0" Agenda It No. 313 February 13. 2007 Pane 80 of 203 INTERSECTION TRAFFIC "VOLUME DEVELOPMENT CR 951 & Davis Boulevard TRAFFIC CONTROL: Signalized COUNT DATE: February 16, 2006 TIME PERIOD: 4:15 p.m. - 5:15 P.M. PEAK HOUR FACTOR: 0.98 aarm r MEMO Mat mmT NBR SSL SST SBR — EJUStiLma IKF1rrL*- caa� cv■ .....� ..—_ - - -- - -- 210 202 1,354 127 149 1,10! 742 Raw Turning Movement Counts 704 108 181 64 110 peak - Season Correction Factor 0.98 1 0.98 0.98 0.98 0.98 0.98 0.98 0.98 098 0.95 0.96 0.98 '', •90 106 1n •3 10• 206 1961 `7 4 124 144 t,o•2 { 727 , ue v-r urcn carat WRT NBR SBL SBT SBR CR 951 West - Net, New 125 84 93 140 CR 951 West - Pass -by CR 951 East - Net, New 65 43 163 276 CR 951 East - Pass -by South of 1 -75 91 9 4 4 34 81 103 51 rersion due to Golden Gate interchange -166 174 TOTAL VESTED TRAFFIC 75 9 0 4 4 0 34 208 0 0 379 293 Years To Buiidout (2009) 3 3 3 3 3 3 3 3 3 3 3 Yearly Growth Rate 4.0% SACKG(t0UND TRAFFIC GROWTH '' 83 4.0% 13 L21 4.0% 8 4.0% 13 4.0°/0 25 4.0°% 24 4.0% 150 4.0% 15 4.0% 18 4.0% 130 4.0°0 87 •anon rrnM OOn3Frr r>ZJFFI<C RR9 t2i 1•• 75 125 231 25• 1.••4 139 ' 1.4 1 11AW 1 1.107 L wva Mi0 t "PR03ECT TRAFFIC" LAND USE TYPE ESL EST EBR WSL WBT WBR NBL MST NSR SBL SST SBR Alligator Alley NeW I W 4 1 42 1 4 43 ` 56 4 42 • 4 f 43 • • • • !• "TOTAL TRAFFIC" ESL EST EBR WBL WBT WSR NSL MST NBR SBL SST SBR �.r c Og, i1AL::ft ►fFIC oy1 s±< r 976 132 240 TS 129 231 299 1,•94 139 111«11 1.5.1 1.197 .genda Hem No. 83 `eb`Uary '3, 23v7 Page 87 of 203 HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenario 1 3: 1 -75 NB Off -Rama $ CR 951 2030 Total Traffic Conditions Lane Configurations 438 355 1087 )"rif I'll rill 73.2% ICU Level of Service D tilt c0,33 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 1.03 4.0 0.66 4.0 4.0 4.0 41.0 4.0 25.4 Lane Util. Factor 1.00 0.97 0.61 0.88 0.97 0.86 1.4 0.86 31.4 Fri 1.2 1.00 50.5 0.85 1.00 1.00 26,5 1.00 D Flt Protected E 0.95 C 1.00 0.95 1.00 1.00 26.5 Satd. Flow (prot) A D 3433 2787 3433 6408 6408 Flt Permitted 0.95 1.00 0.95 1.00 1.00 Satd. Flow (perm) 3433 2787 3433 6408 6408 Volume (vph) 0 0 0 228 0 194 1063 2076 0 0 1822 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 A1• Flow (vph) 0 0 0 240 0 204 1119 2185 0 0 1918 0 RTOR Reduction (vph) 0 0 0 0 0 38 0 0 0 0 0 0 Lane Group Flow (vph) 0 0 0 240 0 166 1119 2185 0 0 1918 0 Turn Type custom custom Prot Protected Phases 5 2 6 Permitted Phases 8 8 Actuated Green, G (s) 13.3 13.3 36.0 94.7 52.7 Effective Green, g (s) 15.3 15.3 38.0 96.7 54.7 Actuated g/C Ratio 0.13 0.13 0.32 0.81 0.46 Clearance Time (s) 6.0 6.0 6.0 6.0 6.0 Vehicle Extension (s) 3.0 3.0 3.0 .3.0 3.0 Lane Grp Cap (vph) 438 355 1087 5164 2921 v/s Ratio Prot 73.2% ICU Level of Service D Analysis Period (min) c0,33 0.34 c0.30 v/s Ratio Perm c0.07 0.06 v/c Ratio 0.55 0.47 1.03 0.42 0.66 Uniform Delay, d1 49.1 48.6 41.0 3.4 25.4 Progression Factor 1.00 1.00 0.61 0.59 1.00 Incremental Delay, d2 1.4 1.0 31.4 0.2 1.2 Day (s) 50.5 49.5 56.3 2.2 26,5 Level of Service D D E A C Approach Delay (s) 0.0 50.1 20.5 26.5 Approach LOS A D C C NG- HCM Average Control Delay 24.9 HCM Level of Service C HCM Volume to Capacity ratio 0.77 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 73.2% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group H:1048649006 - Alligator AlleytAA 2009.sy7 Synchro 6 Report Kimley Hom Page 1 Agenda Item No. 8B February 13, 2007 Page 88 gf 203 HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenano 4:1-75 SB Off -Ramp & CR 951 2030 Total Traffic Conditions 'A _I.--V r *4- 4L% t /00, `l ,, Lane Configurations err M r M1 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Ulf. Factor 0.97 0.76 0.81 1.00 0.97 0.86 Frt 1.00 0.85 1.00 0.85 1.00 1.00 Flt Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (prot) 3433 3610 7544 1583 3433 6408 Flt Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Said Flow (perm) 3433 3610 7544 1583 3433 6408 Vokune(vph) 409 0 1102 0 0 0 0 2732 197 313 2006 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Adj. Flow (vph) 431 0 1160 0 0 0 0 2876 207 329 2112 0 RTOR Reduction (vph) 0 0 0 0 0 0 0 0 0 0 0 0 Lane Group Flow (vph) 431 0 1160 0 0 0 0 2876 207 329 2112 0 Turn Type custom custom Free Prot Protected Phases 4 1 4 3 12 3 2 Permitted Phases 4 1 4 3 Free Actuated Green, G (s) 19.0 62.9 68.1 120.0 14.9 45.1 Effective Green. g (s) 21.0 64.9 70.1 120.0 16.9 47.1 Actuated g/C Ratio 0.18 0.54 0.58 1.00 0.14 0.39 Clearance Time (s) 6.0 6.0 6.0 Vehicle Extension (s) 30 3.0 3.0 _ Lane Grp Cap (vph) 601 1952 4407 1583 483 2515 v/s Ratio Prot c0.13 c0.32 c0.38 0.10 c0.33 v/s Ratio Perm 0.13 v/c Ratio 0.72 0.59 0.65 0.13 0.68 0.84 Uniform Delay, d1 46.7 18.6 16.8 0.0 49.0 33.0 Progression Factor 1.00 1.00 0.68 1.00 1.36 0.41 Incremental Delay, d2 4.1 0.5 0.4 0.1 3.3 3.0 Delay (s) 50.8 19.1 11.8 0.1 69.9 16.6 Level of Service D B B A E B Approach Delay (s) 27.7 0.0 11.0 23.8 Approach LOS C A B C HCM Average Control Delay 19.1 HCM Level of Service B HCM Volume to Capacity ratio 0.72 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 73.2% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group H:104WA9006 - Alligator Aky1AA 2009.sy7 Synchro 6 Report Kimley Horn Page 2 bruar} 13, 2 007 Page 39 01'1' HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenario 1 5: Davis Boulevard & CR 951 2030 Total Traffic Conditions Lane Configurations TM ++ F I tt r �) T *T It )�. Ttt irif Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.94 0.95 1.00 1.00 0.95 1.00 0.97 0.91 1.00 0.97 0.91 0.88 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 4990 3539 1583 1770 3539 1583 3433 5085 1583 3433 5085 2787 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (perm) 4990 3539 1583 1770 3539 1583 3433 5085 1583 3433 5085 2787 Volume (vph) 976 132 240 75 129 231 299 1694 139 164 1591 1197 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Adj. Flow (vph) 1027 139 253 79 136 243 315 1783 146 173 1675 1260 RTOR Reduction (vph) 0 0 0 0 0 0 0 0 0 0 0 0 Lane Group Flow (vph) 1027 139 253 79 136 243 315 1783 146 173 1675 1260 Turn Type Prot pm +ov Prot pm+ov Prot pm+ov Prot pt+ov Protected Phases 7 4 5 3 8 1 5 2 3 1 6 67 Permitted Phases 4 8 2 Actuated Green, G (s) 27.0 28.1 40.8 8.5 9.6 21.6 12.7 47.4 55.9 12.0 46.7 79.7 Effective Green, g (s) 29.0 30.1 44.8 10.5 11.6 25.6 14.7 49.4 59.9 14.0 48.7 81.7 Actuated g/C Ratio 0.24 0.25 0.37 0.09 0.10 0.21 0.12 0.41 0.50 0.12 0.41 0.68 Clearance Time (s) 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1206 888 644 155 342 338 421 2093 790 401 2064 1897 v/s Ratio Prot 00.21 0.04 0.05 0.04 0.04 00.08 0.09 00.35 0.02 0.05 00.33 0.45 v/s Ratio Perm 0.11 0.07 0.08 v/c Ratio 0.85 0.16 0.39 0.51 0.40 0.72 0.75 0.85 0.18 0.43 0.81 0.66 Uniform Delay, dl 43.4 35.1 27.6 52.3 50.9 43.9 50.9 32.0 16.6 49.3 31.6 11.2 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.77 0.65 0.36 Incremental Delay, d2 6.0 0.1 0.4 2.6 0.8 7.1 7.1 4.6 0.1 0.5 2.3 0.6 Delay (s) 49.4 35.1 28.0 54.9 51.7 51.0 58.0 36.6 16.7 38.4 22.9 4.6 Level of Service D D C D D D E D B D C A Approach Delay (s) 44.2 51.9 38.3 16.3 Approach LOS D D D B HCM Average Control Delay 30.9 HCM Level of Service C HCM Volume to Capacity ratio 0.82 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 intersection Capacity Utilization 75.6% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group H:1048649006 - Alligator Alley'AA 2009.sy7 Synchro 6 Report Kimiey Hom 'Page 3 Agenda Item No. 85 February 13, 21007 SC Arterial Level of Service PM Peak Hour - 6i4WCPVf 203 2030 Total Traffic Conditions Arterial Level of Service: NB CR 951 7 242 -- C 1-75 SS brI411) 11 45 27.7 11.9 �9-6 02 a 1-75 NB off-Ramp 11 45 23.9 2.3 26.2 0.23 31.6 Total 11 51.6 14.2 65.8 0.50 27A C Arterial Level of Service- SS CH, 951 1-75 SE, Off -Ram P 11 45 23,9 16.7 40.6 0.23 7,7 7 32. 5 C), 9 0.27 is's D Davis Br,%11r,,V.1rd T �!, a I HA048649006 - Alligator AlleyAA 2009 -sy7 Synchro 6 Report Kimley Horn Page 4 Agenda Item Flo. 88 February 13, 2007 Page 91 of 203 TRAFFIC IMPACT STATEMENT FOR ALLIGATOR ALLEY PUD (PROJECT NO. 040412) PREPARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4 -403 Fort Myers, Florida 33919 -4489 Certificate of Authorization 47628 239- 278 -3090 December 8, 200 Reid C. Fellows, P.E. EXHIBIT C P.E. No.- 61673 Agenda itern No. 8B February 13, 2007 Page 92 of 203 u3EQ 00 CONTENTS I. INTRODUCTION II. . EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. 'TRIP GENERATION V. TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS VII. PROTECTED LEVEL OF SERVICE AND IMPROVEMENTS VIII. CONCLUSION : r'itl�1-1 a 1 ?gym vb !u Y , 3 2Jl f Page 93 of 2031 I. INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a traffic impact statement for the proposed Alligator Alley PUD, The site is located in the northwest corner of the intersection of Davis Boulevard and Collier Boulevard within Collier County, Florida. The site location is illustrated on Figure 1, The proposed submittal for the Alligator Alley PUD would re -zone the subject site to allow for the construction of a total of 265,000 square feet of floor area. The subject site currently consists of two fast food restaurants in addition to a hotel use, for a total of 9,600 square feet. The Developer received a Certificate of Adequate Public facilities when they prepaid the impact fees for a total of 130,000 square feet of retail floor area on the subject site. This proposed zoning action would permit the construction of an additional 125,400 square feet of retail floor area. Access to the site will be provided via two access points to Davis Boulevard. This report examines the impact of the Alligator Alley PUD on the surrounding roadways. Trip generation and assignments to the site access drives will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. II. EXISTING CONDITION'S The subject site currently consists of two fast -food restaurants and a hotel use, The site is bordered to the west by vacant land slated for commercial, development. To the south, the site is bordered by Davis Boulevard. To the east of the subject site are existing commercial developments in addition to Collier Boulevard. 1 -75 borders the subject site to the north. Davis Boulevard (S.R. 84) is a two -lane divided roadway that borders the subject site to the south, in previous releases of the Florida Department of Transportation Program, the six - laning of Davis Boulevard from Collier Boulevard to west of Radio Page 1 Agenda item No. 8B February 13, 2007 -M-ETR 13 PROJECT LOCATION MAP Figure ALLIGATOR ALLEY PUD r ^ehruary 13 2.0107 Pa: g 9S 0 v,,3 Road was funded for Fiscal Year 2008, However, the most recent updates (FY 2006/07- 2010/2011) of the FDOT Tentative Work Program (to be adopted in June 2006) reflect no funding for the construction of the six- laning of this roadway link within the next five years. Therefore, this roadway improvement was not accounted for as a part of this report, The Level of Service (LOS) Standard for this roadway adjacent to the subject site is. 1,530 vehicles. The site access intersections with Davis Boulevard are anticipated to operate under unsignalized conditions. Davis Boulevard has a posted speed limit of 50 rnph and is under the jurisdiction of the Florida Department of Transportation. Collier Boulevard is a four -lane arterial roadway in the vicinity of the proposed Alligator Alley development. The 2004 Collier County Annual Update Inventory Report (AUIR) indicates funding is available for the six- taning of Collier Boulevard from I -75 to Davis Boulevard within the Fiscal Year 2005, This. roadway improvement was accounted for since it is within two years from the time of the application. The minimuin Level of Service (LOS) Standard for this roadway adjacent to the subject site is 3,690 vehicles to the south of 1 -75 and 3,270 vehicles to the south of Davis Boulevard. The intersection of Collier Boulevard and Davis Boulevard currently operates under signalized conditions. Collier Boulevard has a posted speed limit of 45 mph and is under the jurisdiction of Collier County. In order to gain a better understanding of the traffic conditions that currently exist along Davis Boulevard, Metro obtained 2005 P.M. peak hour turning movements at the intersection of Davis Boulevard /Collier Boulevard from the Collier County Transportation Planning Division. The traffic volumes obtained fi•om the County were performed in January 2005, so no peak season adjustment was required. These turning movements were adjusted to 2008 background traffic conditions based on the appropriate annual growth rate indicated within the 2004 Collier County Average Daily Traffic Report. The year 2008 was selected as it is likely that the 130,000 square feet of commercial floor area proposed within Phase I of the Alligator Alley PUD would be completed by this time. Figure 2 indicates the resultant 2008 background P.M. peak Page 3 Agenda Item No. 8B February 13, 2007 n T N W E S N.T_S. LEGEND ♦ 000 WEEK DAY PM PEAK HOUR TRAFFIC 0 ry Uj 0 co w LU c U 2008 PM HEAK HOUK BACKGROUND TURNING MOVEMENTS Figure 2 ALLIGATOR ALLEY PUD M9 c:Ji "U =.'y '3, X)07 :,ate q7 of 2; hour, peak season turning movement volumes at Davis Boulevard's intersection with Collier Boulevard. 111. PROPOSED DEVELOPMENT The proposed re- zoning of the subject site would allow for the construction of a maximum of 265,000 square feet of commercial floor area. Currently, approximately 9,600 square feet of commercial floor area exist on the subject site. The Developer of the Alligator Alley PUD received a Certificate of Adequate Public Facilities for up to 130,000 square feet of commercial floor area via pre - payment of the impact fees for this project. The remaining 125,400 square feet of floor area will be subject to the concurrency requirements established by Collier County in effect at the time the Site Development Plan is applied for. Since this development will function as an integrated retail center with outparcels and shared parking., the trip generation of the development was determined based on the size of the overall shopping center. However, for concurrency purposes, a separate trip beneration calculation will be applied to only the 125,400 square feet of commercial space that is subject to concurrency. Table t summarizes the land uses utilized for trip generation purposes for the subject development. Additionally, Table 1 also reflects each phase of the proposed Alligator Alley PUD. Table t Alligator Alley PUD Land Tires Phase Land Use - -- Size Existing Restaurant /Hotel 9,600 square feet Phase 1 Shopping Center 130,000 square feet Phase 2 Shopping Center 125,400 square feet Total Development 265,000 square feet Page 5 Agenda item No. 8B ebruary 13, 2007 Page 0R of 203 The proposed development will access Davis Boulevard via a right-in/right-out driveway known as Bedzel Drive, a directional left-in/right-in/right-out access known as Joyrose Place, and a future full access driveway to Market Street via a cross access through the future commercial development on the western property boundary. IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7`h Edition. Due to the integrated nature of the retail uses proposed on this site, the trip generation of the entire development was calculated based on Land Use Code 820 (Shopping Center). The ITE Trip Generation Report describes a shopping center as "an, integrated group of commercial establishments that is planned, developed, owned and managed as a unit." The proposed Alligator Alley PUT) will function as an integrated shopping center rather than several different stand alone retail establishments. Therefore, Land Use Code 820 (Shopping Center) is the appropriate choice for trip generation of the proposed development. Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the Alligator Alley PUD development. Trip generation calculations were performed based upon Phase 1 of the development in addition to based on the entire development planned for the site. The Phase 2 traffic is represented by the difference between the Phase 1 traffic and the overall development traffic. The trip generation equations for Land Use Code 820 are included within the Appendix of this report for reference. Table 2 Trip Generation A 11..rriFr.r- A l[nv PT ril I'ha�e Lanitl CJsc `Weekda A:M Peak :Hour Weekday Y. +1VI Peak'Hour Daily > . (2 wAY) In';.:.. Out ::: 'Total `Total . Phase 1 Shopping Center (130,000 sq. ft.) 110 75 185 355 390 745 8,055 Entire Site Shopping Center (265,000 s(1. ft.) 170 110 280 570 620 1,190 12,795 Resultant Phase 2 60 35 95 215 230 445 4,740 Page 6 Aaenda item No. 3B ebruary 13, 2007 Paae 99 of 203 The trips shown for the retail uses in Table 2 will not all be new trips to the adjacent roadway system. ITE estimates that a Shopping Center of comparable size may attract between eight (8 %) and eighty -nine (89 %) percent of its traffic from vehicles already traveling the adjoining roadway system. This traffic, called "pass -by" traffic, reduces the development's overall impact on the surrounding roadway system but does not decrease the actual driveway volumes. Based on the size of this retail development, the "pass -by" trip percentage calculation indicated within the ITE Trip Generation Handbook results in a "pass -by" trip reduction of 29.3 %. A copy of the data contained in the Trip Generation Handbook for this land use is included in the Appendix of this report for reference. For this analysis, the "pass -by" traffic was accounted for in order to determine the number of "new" trips the development will add to the surrounding roadways. Table 3 summarizes the "pass -by" percentage for each use. Table 4 summarizes the development traffic and the breakdown between the new trips the development is anticipated to generate and the "pass -by" trips the development is anticipated to attract. It should be noted that the driveway volumes are not reduced as a result of the "pass -by" reduction, only the traffic added to the surrounding streets and intersections. Table 3 "Pass -by" Trip Reduction Factor Alligator Alley PUD Land Use Percentage.Trip -: Rerl'iectiori Shopping Center 29.30%, (LUC 820) Page 7 Table 4 Trip Generation — New Trips . Alligator Allev PUD y2Ei i� item !,Jo.. s a .)e ;r, of 243 Phase Land Use Wee1 {d a A1VI Peak I)<our Weekdfl P M.Peak Hour :`' natIy .s (2 =wayj: Inu "t Total In Out`. Total Total has 1 Trips 110 75 185 355 390 745 _ 8,055 Phase I less pass -by traffic -35 -20 -55 -105 - 115 -220 Ncw Phase 1 Trips 75 55 130 250 275 525 5,695 Total Trips 170_ 110 280 570 620 1,190 12,795 Entire Site less pass -by traffic -50 -30 -80 -170 -180 -350 -3,750 New Trips 120 80 200 400 440 840 9,045 Resultant Phase 2 New Trips 45 25 70 150 165 315 _ 3,350 V. TRIP DISTRIBUTION The trips shown in 'fable 4 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. The project distribution for the proposed development has been agreed upon with the Collier County Transportation Staff, and the resultant distribution is indicated in Figure 3. Based on the traffic distribution indicated within Figure 2, the Phase I development traffic was distributed to the site access interseetions. Since the Phase I traffic is vested, no concurrency analysis was. performed as a result of this phase. Figure 4 reflects the assignnient of the Phase I trips to the site access driveways and impacted intersections. Site traffic assignments were also performed based on the ultimate buildout of the Alligator Alley PUD. Figure 5 reflects the assignment of the entire Alligator Alley trips to the surrounding roadway network. It should be noted that the site traffic assignment to the project access points reflect the total development trips. However, the trips indicated at the Collier Boulevard /Davis Boulevard interscetion reflect only the new trips generated as a part of this development. Page 8 Agenda Item No. 8B February 13, 2007 N W —IA4,or E S N.T.S. 19% 7S 2% i'130JEC7 ?: 40% sl RADIO ROAD 2% 4-23%-► p DAVIS BOULEVARD 16% __j :D + 0 LU 0 O O PROJECT TRAFFIC DISTRIBUTION Figure 3 ALLIGATOR ALLEY PUD Age; sa i;em I`vo. OS sbruary 13. '2007 D...,,, ,r- -. Ors 1 1 of 1 v 1fl 1 0 Lo ♦ 30 (100) r' # 35 (115) 45 �l50� jf 1" ♦ 30 (150) �% i .�.. 30 (10 0) �1 140)( 45 ♦ ,l 1+(140) 45 (-) ♦ (') ` 1 4N T (' Lo�v �o Q s �O J Lo N m Lo Lo > v W jZ--E J O m S a L11 N.T.S. O U of D BUSINESS CIRCLE (165) 30 (75) 15 Lo �r LEGEND AP-000 WEEK DAY AM PEAK HOUR TRAFFIC 4?-(000) VVEEK BAY PM PEAK HOUR TRAFFIC PHASE 1 SITE TRAFFIC ASSIGNMENT Figure 4 ALLIGATOR ALLEY PUD Agenda Item No. 83 February 13, 2007 1 1 1 0 0 c°o °o ° U") 0 4.. 40 (220) (No 1 � 1 45 (135 1 k 60 (215) (-) 1 15 (1 00 4% 1 f 45 (135) . ,► �► (280) 50 ♦ (175) 30 190)55-0- r T r- (280) 50 -0- (10) - ♦ v (15) 51 LO 1' Y U) r X Q N W E IlIz- S N.T.S. © ■ 'i O� J BUSINESS CIRCLE "1 LEGEND a a J co m LLS J J Q U (100)15'+ f 000 WEEK DAY AM PEAK HOUR TRAFFIC f(000) WEEK DAY PM PEAK HOUR TRAFFIC (ffffoD ULTIMATE BUILD -OUT SITE TRAFFIC ASSIGNMENT Figure 5 ALLIGATOR ALLEY PUD L: j en ~a , am trio. 3B �:"ebruary 13. 20-,)7 age 10' of 203 VI. FUTURE TRAFFIC CONDITIONS In order to determine which. roadway segments surrounding the site will be significantly impacted, Table I A, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount of project traffic greater than the 3 % -3 % -5% Significance Test. The development traffic utilized as a part of the significance test reflects only the Phase 2 traffic indicated within Table 4 as the Phase I trips are already vested in the Concurrency Management System. Therefore, the Phase 2 project traffic was compared with the Capacity for Peak Hour — Peak Direction traffic conditions as defined by the most recent Collier County Coneurrency Spreadsheet. A copy of dhe most recent Collier County Concurrency Spreadsheet is attached in the Appendix of this report for reference. Based on the information contained within Table IA, only Davis Boulevard between Collier Boulevard and Radio Road will be significantly impacted in accordance with the Collier County 3 % -3 % -5% Significance Test. Therefore, Concurrency link analysis was required on Davis Boulevard adjacent to the subject site. In addition to the significant impact criteria, Table 1A also includes a concurrency analysis on the Collier County Roadway network. Davis Boulevard is shown to be 94 vehicles above capacity at this time as a two -lane roadway. The Florida Department of Transportation 2006/07- 2010/2011 Tentative Work Program does not currently indicate funding for the six - laning of Davis Boulevard along the project frontage. Due to the Iack of capacity on Davis Boulevard, the proposed Alligator Alley PUD will likely require phasing. Phase 1 consists of the 130,000 square feet of retail development in which a Certificate of Adequate Public Facilities has been obtained. Phase 2 will consist of the construction of the remaining 125,400 square feet of commercial floor area proposed as a part of this submittal. The construction of Phase 2 of the Alligator Alley PUD will likely be delayed until such time as the six - laning of Davis Boulevard can be accommodated within the concurrency analysis pursuant to the Collier County Land Development Code regulations. Page 12 Agenda Item No. 8B February 13, 2007 Page 105 of 203 ff Flo, —Effla 'fable lA indicates a concurrency projection for the six -lane condition of Davis Boulevard. Currently, the timing of the construction phase of the Davis Boulevard widening is not known. In order to project the concurrency on a six -lane Davis Boulevard, the existing traffic conditions wire grown to 2015 conditions via the appropriate arulual growth rates. The capacity for a six -lane Davis _Boulevard (3,420 vehicles) was taken from the current six -lane section of Davis Boulevard between U.S. 41 and Airport Pulling Road, The 2015 remaining capacity indicated within Table IA was calculated by subtracting the 2015 traffic volume from the six -lane Davis Boulevard capacity. The project traffic was then subtracted from the remaining trips in order to determine the remaining capacity after the six - laning of Davis Boulevard and the Alligator Alley PUD traffic is added to the surrounding roadway network. VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS Phase 1 of the proposed development is already vested due to the pre - payment of impact fees. Therefore, Phase 1 could be constructed at this time. However, there is currently insufficient capacity on Davis Boulevard for Phase 2 of the Alligator Alley PUD to receive a Certificate of Adequate Public Facilities. It should be noted that Davis Boulevard is within the East Central Transportation Concurrency Management Area (TCMA). The following excerpt indicates the'intent of a TCMA within Collier County: Rule 9J -5 of the Florida Administrative Code (FAQ authorizes the establishment of TCW s as an alternative transportation concurrency approach promoting infill development within selected portions of urban areas and supporting more efficient inobility alternatives, such as public transit. A TCMA provides an alternative means of analyzing new development for° transportation concurrency by enabling the county to establish area -wide Level of Service Standards for defined geographical zones in Which alternative traffic mules and alternative modes of travel are available. A development inoratorlurn would not be declared for a particular road segment within a TCMA unless fewer than 85 percent of the parallel lane miles in that TCMA are achieving their adopted Levels of Service (LQS). In other words, when a roadway is within a TCMA, the concurrency is measured on a system -wide basis rather than an individual roadway basis. Based on discussions with the County Staff, the parallel lane miles within the East Central TCMA are within the 85% threshold. Therefore, since there is available capacity within the entire East Central TCMA, there is likely sufficient capacity to accommodate the proposed Alligator Alley Page 13 �ubrli_iry ^J, 2007 Pa --e DI Of 203 M. Ell 4 PUD traffic under the TCMA requirements. The development of Phase 2 of the Alligator Alley PUD is proposed to be phased in order to allow the the six - laning of Davis Boulevard to be funded, figure b indicates the results of the eoncurrency analysis on Davis Boulevard adjacent to the subject site after the future six - laving of Davis Boulevard. Intersection analysis was performed at the site access intersections and the Davis Boulevard /.Collier Boulevard intersection. These intersections were analyzed utilizing the latest version of the SYINTCHRO software. The intersection analysis was performed based upon the 2008 buildout of Phase 1 of the Alligator Alley PUD as this phase is likely to be constructed prior to the widening of Davis Boulevard, Figure 7 indicates the 2008 buildout turning movements at the surrounding intersections. After Davis Boulevard is widened, the traffic conditions and access management could vary from the access planned for Phase 1. As part of the Site Development Permit for the Davis Crossings development on the south side of Davis Boulevard, an Access Management Plan was agreed upon by the Florida Department of Transportation for access to the Davis Crossings PUD as well as the Alligator Alley PUD, Attached in the Appendix of this report are the resultant SYNCHRO data sheets. In order to illustrate the results of the intersection Level of Service analyses, Table 5 was created. The Level of Service of each intersection or intersection approach at the area intersections are shown in Table 5. Table 7 Alligator Alley PUD Intersection LOS Analysis Results Tntersection ; Aliroac 2.008 Background :, Level'of Service . 204$ Build out Level of Service - Davis Blvd Ca),_Bedzel Dr SB -- D Davis Blvd n Toyrose PI - SB -- F B EB left Davis Blvd ry Market St NB F -- lWB left B Davis Blvd. t@ CR 951 F F Based on the intersection analysis results indicated within Table 5, there are Level of CPn,ire r1P r.i�nr_.iPC at flip T)avic Roulevard /Collier Boulevard intersection even without the Alligator Alley Phase I traffic. The Level of Service deficiencies will not be caused Page 14 _75 RADIO ROAD 677 (660) [613] P�ROJEGT' S(TE s D 677 > (650) [577] 0 w J U Agenda Item No. 8B �-enruary Ej. zuul r'ay,� N W T—E S N.T.S. DAVIS BOULEVARD LEGEND ry 000 2015 PROJECTED REMAINING CAPACITY (000) REMAINING CAPACITY W! AM PROJECT TRAFFIC Ilk i�l [000] REMAINING CAPACITY WI PM PROJECTTRAFFIC * BASED ON A 6 -LANE DAVIS BOULEVARD 2015 REMAINING CAPAU I Y UN 0 SIGNIFICANTLY IMPACTED ROADWAYS ALLIGATOR ALLEY PUD Figure 6 N 0 0 u. penca i e m Ni o, 8B February 13, 2007 1 1 1 I 1 01 1 co o 385 .4.. 1619 c`ry 1 u°� 1 rn - 106 115 240 �% ♦ 1619 4-1 1 �.. 1569 4� + r 42 �`S 6yJa 1550 ♦ 'l 140 1 1425-0- 887 �P 150 1425 ♦ 37173-01,, 00 - co N (!i W Q z N a Q W E Uj 0 m 5 a w N.T.S. J O U BUSINESS CIRCLE LEGEND ♦- 000 WEEK DAY PM PEAK HOUR TRAFFIC 0 2008 PHASE 1 BUILD -OUT TURNING MOVEMENTS Figure 7 ALLIGATOR ALLEY PUD Agenda Item No. SB February i 3. 2007 Page 109 of 203 as a result of the added development traffic, but this intersection will likely not operate acceptably until Davis Boulevard is six - land. As for the site access intersections, all Level of Service deficiencies are shown on the site access driveways. Thus, Davis Boulevard will not be adversely impacted as a result of the addition of Phase 1 traffic at these intersections. All Level of Service deficiencies will be experienced within the project site, and no impact will be experienced on Davis Boulevard as a result. It should be noted that the site access intersections to Davis Boulevard will operate acceptably after the six - laning of Davis Boulevard is completed. The Market Street intersection will likely operate under signalized conditions upon the six - laning of Davis Boulevard. However, the access management on Davis Boulevard will be determined prior to the future six - laning of this roadway. Turn lanes will be required as a result of the proposed Alligator Alley PUD development. The turn lanes have already been negotiated at Joyrose Place and Bedzel Drive as a part of the Market Street connection to Davis Boulevard. Therefore, no turn lane improvements will be required as a result of the Phase 1 traffic associated with the Alligator Alley PUD. VIII. CONCLUSION The proposed Alligator Alley PUD commercial development located in the northwest corner of Davis Boulevard's intersection with Collier Boulevard within Collier County, Florida will require phasing in order to meet Collier County concurrency requirements. A Certificate of Adequate Public Facilities has been obtained for 130.000 square feet of commercial development for the first phase within the Alligator Alley PUD. Phase Z of the Alligator Alley PUD will be subject to the Collier County concurrency management guidelines upon submitting for development permits. Sufficient capacity is not anticipated to be available on Davis Boulevard until such tine as the six- laning of this roadway can be included within this analysis pursuant to Collier County Land Development Code guidelines. Page 17 G,Ipen a item No. EB b 3, )0 7 Pa 10 J' 2) 03 ,0 Based on the analysis contained within this report, the segment of Davis Boulevard adjacent to the frontage of the site will remain concurrent after the six - laning of Davis Boulevard from Collier Boulevard to west of Radio Road. Currently, funding for this improvement is not indicated within the 2006 /07- 2010 /2011 Florida Department of Transportation Draft Tentative Work Program. Therefore, as a part of this analysis, the six- laving of Davis Boulevard was not assumed complete until the year 2015. At such time, sufficient capacity will be available to accommodate the traffic generated by the entire Alligator Alley PUD. Intersection analysis was performed as a result of this analysis based on the traffic generated by Phase 1 of the Alligator Alley PUD. No intersection analysis was performed as a result of Phase 2 at this time because the intersection improvements to Davis Boulevard as a result of the widening of this roadway are not known at this time. However, intersection analysis at these locations will be required upon submittal for an SDP for Phase 2 of the Alligator Alley PUD. Based on the results of the Phase 1 intersection analysis, no Level of Service deficiencies are created on Davis Boulevard as a result of the added Alligator Alley PUD Phase 1 traffic. All level of Service deficiencies are either pre - existing conditions or will be confined completely within the subject site, thus not impacting the through traffic on Davis Boulevard. Turn lanes arc required as a result of the proposed Alligator Alley PUD development. The turn lane improvements have been negotiated with FDOT and Collier County as a result of the Market Street connection to Davis Boulevard. These turn lane improvements will he constructed as a part of the Davis Crossings development on the south side of Davis Boulevard, Davis Crossings is currently in the SDP approval process. \k:\2004VA \t2\report.dor Paac 18 \ Agenda item No. 3B February 13, 2007 Page 111 of 203 I- 751ALLIGATOR ALLEY COMMERCIAL PUD COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT cop August 2004 Revised April 2005 Revised July 2005 Revised October 13, 2005 Prepared For: Benderson Development Company 8441 Cooper Creek Boulevard University Park, Florida 34201 (941) 359 -9482 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Forl M)1ers, Florida 33919 (239) 274 -0067 Project No. OOBDC525 4 I I I I , i i f i • s . TABLE OF CONTENTS Introduction..................... ............................... . .............. . .. . ? nom '12 '�` 2 3 Page ........................ I ....... I ..... ..... l 3.8.5.1 Applicant Information ................................................................. ..............................1 3.8.5.2 Mapping and Support Graphics .................................................. ..............................1 3.8.5,3 Project Description and GMP Consistency Determination ......... ..............................4 3.8.5.4 Native Vegetation Preservation .................................................. ..............................8 3.8.5.5 Wetlands ...................................................................................... .................. :..........10 3.8.5.5 1 Surface and Groundwater Management.......... ............................ ................ ..............13 3.8.5.7 Listed Species ....................................... ............................... .............................14 3.8.5.8 Other ........... ............................................................................... .............................17 References................................... ............................... i ........... . .............. .............................19 Y I i i Figure I A en- a it ern No. aB FebrUary 13. 2007 Page 113 of 203 LIST OF FIGURES Pave ProjectLocation Map ......................,................,....................... ..............................2 ii i i Agenda item No. 3B February 13, 2007 Page 1,114 of 203 LIST OF TABLES Page Table 1. Habitat /FLUCFCS Types and Acreages .................................. ..............................3 Table 2. SFWMD /Collier County Wetlands and "Othe -r Surface Waters" .........................11 Table I Wetland and "Other Surface Waters" Impact Summary .......... .............................12 Table 4. Listed Wildlife that Could Potentially Occur .......................... .............................14 Table 5. Listed Plant Species that Could Potentially Occur .................. .............................17 lli f 1 ' Agenda Item No. 33 February 13, 2007 Page 115 of 203 LIST OF EXHIBITS p_ age iExhibit A. Resumes ............................................................................... ............................... A -1 Exhibit B. Aerial Photograph with FLUCFCS Overlay Exhibit C. FLUCFCS and Wetland Map ....................... ............................... .....................0 -1 Exhibit D1. Proposed Paving, Grading, and Drainage Plan ' Exhibit D2, Existing Site Drainage Plan with Topographic Elevations ................................. D -2 ExhibitE. Soils Map .................................................. ............................... ............................E -1 Exhibit F. Conceptual P.U.D. Master Plan and Proposed Site Development Plan ...............F -1 Exhibit G. Site Plan with Off -Site Preserves ......................................... ............................... G -1 Exhibit H. Project Location with Land Use Designations ..................... ............................... H -1 Exhibit 1. SFWMD Surface Water Management Permit ......................... : ........................... 1 -1 i Exhibit J. Native Vegetation Map .............................................................. .......................... J -1 i ExhibitK. i Preserve Map ....................................................................... ............. ;................. K -1 } Exhibit L. Wetland Impact Map ................................................................ ............................L -1 Exhibit M. I Listed Species Survey ............................................................. ............................M -1 } iv Aaenda Item No. 3B February 13, 2007 Page 116 of 203 List of Exhibits (continued) Pale Exhibit N. Water Quality Analysis Report ............................................ ............................... N -1 Exhibit O. Occurrence of FWCC Listed Species .................................. ............................... 0-1 Exhibit P. Florida Department of State Correspondence........ ................... ............................P -1 v Agenda Item No. 8B February 13, 2007 Page 117 of 203 INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for the Alligator Ailey PUD, This EIS has been prepared in accordance with Division 3.8 of the Collier County Land Development Code (October 30, 1991, as amended February 11, 2004). 3.8.5.1 APPLICANT INFORMATION A. Responsible person who wrote the EIS and his /her education and job related environmental experience. Kenneth Passarella and Harry Spotts, Passarella and Associates, Inc. Consulting Ecologists. A copy of their resumes is enclosed as Exhibit A. B. Owner(s) agent(s) name, address, phone number & e -mail address. 1 Benderson Development Group 8441 Cooper Creek Boulevard University Park, Florida 34201 Phone: (941) 359 -9482 Email; daveustafson(a�benderson.com i 3.8.5.2 MAPPING AND SUPPORT GRAPHICS A. General location map. A project location map is provided as Figure 1. B. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundi -ed (2 00) feet outside the parcel boundary. This does not mean the applicant is required to go onto adjoining properties. Habitat identification consistent with the Florida Department of Ti ansyort ation - Florida Land Use Cover and Forms Classification System shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the count. 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. The vegetation associations and land uses were mapped utilizing the Florida Land Use, Cover and Forms Classification System {FLUCFCS) Levels III 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 1 1 42'//•7 k�! /�,i ;W, e da ALE fii ! "b, CB Page 118 of x'03 IT COLLIER COUNTY g i ' n P • _.......- .--.�1 m. a 0 m } PROJECT LOCATIONL GOLDEN GATE BLVD - II 1 ' SEC 34, TWP 49 S, RGE 26 E - — 1_75— I 1 �� fII� t ��RkDID RD e 16 CH� m DAMS BLVD U R' y q— a _ 1� PASSARELLA and ASSOCIATES IATC FIGURE 1. PROJECT LOCATION MAP Consulting .E'colog'ists 8 1--75 ALLIGATOR ALLEY C.P.U.D. DRAWN BY: D.H. DATE: 7/22/04 1= 2 ,- t C. D. i E. F Agenda {tern No. 8B �ubruary 13, 2007 Page 119 of 203 enclosed as Exhibit B. A FLUCFCS and wetlands map of the property is provided as Exhibit C, and an acreage breakdown of the habitat types is provided in Table 1. Table 1. Habitat /FLUCFCS Types and Acreages Topographic map and existing drainage patterns ifapplicable. Where possible, elevations within each of FL UCFCS categoHes shall be provided. A proposed paving, grading, and drainage plan is included as Exhibit D1. Topographic elevations are_ included on the Existing Drainage Plan shown as Exhibit D2, Soils map at scale consistent with that used for Florida Department of Transportation - FIorida Land Use Cover and Forms Classification System determinations. According to the Collier County Soils Map, only one soil type, Pineda Fine Sand (Soil Map Unit 14) was found on the property (Exhibit E). Proposed drainage plan indicating basic flow patterns, outfall and off -site drainage, Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. Development plan includingphasing program, service area of existing and proposed public facilities, and existing and proposed transportation network its the impact area. Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. 7 140 Commercial and Services 4.65 11.4 411 Pine Flatwoods 0.75 1.8 422 Brazilian Pepper 0.12 6.3 514 Ditch 0.21 0.5 740 Disturbed Land 17.48 42.9 747 Berm 2.49 6.1 814 Road 2.39 5.9 920 Wetland Mitigation Area, Forested 7.58 18.6 921 Wetland Mitigation Area, Herbaceous 5.12 12.5 Total 40.79 100.0 Topographic map and existing drainage patterns ifapplicable. Where possible, elevations within each of FL UCFCS categoHes shall be provided. A proposed paving, grading, and drainage plan is included as Exhibit D1. Topographic elevations are_ included on the Existing Drainage Plan shown as Exhibit D2, Soils map at scale consistent with that used for Florida Department of Transportation - FIorida Land Use Cover and Forms Classification System determinations. According to the Collier County Soils Map, only one soil type, Pineda Fine Sand (Soil Map Unit 14) was found on the property (Exhibit E). Proposed drainage plan indicating basic flow patterns, outfall and off -site drainage, Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. Development plan includingphasing program, service area of existing and proposed public facilities, and existing and proposed transportation network its the impact area. Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. 7 r: 3lC 3 1a_,m 1,Jc oB Febrk;ary ' 3. 2007 rage 120 of .203 G. Site plan showing preserves on -site, and how they align with preserver on adjoining and neighboring properties. Include on the plan locations ofproposed 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 area, major flow ways and potential wildlife corridors. Please see the Site flan and Preserve Areas Map enclosed as Exhibit G I-I: For properties in the RLSA and RFMUDistricts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Please see the Project Location with Land Use Designations Map enclosed as Exhibit H. The project lies within the Mixed Use Activity Center Subdistrict and the Interchange Activity Center Subdistrict. The project does not lie within the RLSA or RFMU Districts. 3.8.5.3 PROTECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION A. Provide an overall description of the project with respect to environmental and water management issues. The Alligator Alley PUD is 40.79± acres and is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida (Figure 1). The project site is located at the southwest interchange of I -75 and State Road 951. Areas surrounding the property include undeveloped .forested land to the west, the 1 -75 interchange to the north, State Road 951 to the cast, and Davis Boulevard to the south. A 1" = 200' scale aerial of the project site is attached as Exhibit B. The subject property is also located in Interstate Activity Center No. 9 according to the Future Land Use Element, which makes it eligible for commercial uses. The project is a modification to an existing PUD known as the 1 -75 /Alligator Alley PUD (Ordinance No. 89- 82). Some commercial uses presently exist and include an existing motel that was approved for 107 motel units along with a manager's apartment, an existing Taco Bell, and an existing McDonalds along the Davis Boulevard road frontage. The parcel consists of a combination of access roads, developed commercial areas, fill pads, surface water management systems, and a wetland mitigation area. The main entrance road is an access loop road that surrounds disturbed filled areas. Also, a berm exists around the wetland mitigation area. Access to the subject property is provided from two access points that currently exist, and one is proposed to be relocated approximately 50 feet to the cast. The easterly most access allows only for right -in /right -out, and the westerly entrance allows for left - in/left-out and right- in/right -out. Access is also proposed to be shared with the East Gateway PUD, avacant H Agenda. item No. 8S February 13, 1-007 Page 121 of 203 commercial /industrial development located to the west of the subject property with a signalized intersection at a future date. Florida Department of Environmental Regulation (FDER) PermitNo.111559019 was issued for the property on May 26, 1989. The FDER permit identified 28,80 acres of wetlands on the property. The FDER permit authorized impacts to 17.75 acres of jurisdictional wetlands. The FDER mitigation plan required the creation of 1.65 acres of wetlands from upland, enhancement of 11.05 acres of wetlands, and the preservation of 0.75 acres of uplands. The total conservation area for the FDER permit was 13.45 acres. U.S. Army Corps of Engineers (Corps) Permit No.88IPP -21061 was issued for the property on July 24, 1989. The Corps permit identified 28.00 acres of jurisdictional wetlands on the property. The Corps permit authorized impacts to 18.50 acres of jurisdictional wetlands. The Corps mitigation plan required the creation of 3.15 acres of wetlands from uplands and the enhancement of 10.30 acres of wetlands. The total Corps conservation area was 13.45 acres. In addition, a 2.31 acre 20 foot maintenance- easement was required to surround the wetland preserve. As proposed, the maintenance easement was required to be planted with upland tree species. South Florida Water. Management District (SFWMD) PermitNo.11- 00556 -S (Exhibit I) was issued for the property on June 15, 1989. The SFWMD permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.00 acres of �. deep marsh surrounded by 9.70 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. The total SFWMD conservation area was 13.45 acres. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetland area. Since issuance of the above referenced permits, the project site was cleared and filled. The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 ! acres of Pine Flatwoods (FLUCFCS Code 411) (Exhibit J). The wetland mitigation areas have been unsuccessful (Exhibit K). The Wetland Mitigation Area, Forested (FLUCFCS Code 920) consists of dead pine (Pinus elliottii), cypress (Taxodium distichurn), melaleuca ( Melalueca quinquenervia), and torpedo grass (Panicurn repens). The Wetland Mitigation Area, Herbaceous (FLUCFCS Code 9211), is dominated by torpedo grass and cattails (Typha sp.). The level of exotics found within the wetlands range from 25 to 80 percent melaleuca seedlings and torpedo grass. During the initial stages I of planting, the organic top layer of soil was removed. This is an attributing factor to the failure of the wetland plantings. Also, human disturbance by the use of all terrain vehicles during the dry season has also contributed to the degradation of the wetland mitigation areas. The construction of the project will result in wetland impacts to 7.28± acres of the current on -site mitigation wetlands and 0.16± acre of "Other Surface Waters." As discussed, these 'genda item No. 8B February 13, 2207 P a ie 12 2 of 2G3 wetland impacts are to an unsuccessful wetland mitigation area. A Wetland Impact Map is shown as Exhibit L. The current site plan will preserve an area that will consist of planted native vegetation in the northern portion of the project. This area will also serve as a stormwater treatment area. The previously permitted wetland impacts (that were originally mitigated on -site) will be mitigated off -site by purchasing credits at a wetland mitigation bank. A Wetland Rapid Assessment Procedure (WRAP) analysis will be conducted during the SFWMD review process, and the appropriate mitigation credits will be purchased from a wetland mitigation bank. The project will pretreat stormwater in a dry detention area on the west side of the property. From.there the stormwater will be directed into the wetland preserve areas to provide storage. The wetland preserves on the northern portion of the project will receive the pretreated water to maintain hydrology and provide additional storage. The water would then be discharged off-site through a spreader swale. This process should maintain the enhanced wetlands at the front of the site and reduce the need for on -site fill, The current site plan for the project preserves 6.12± acres (15 percent) of the property. The preserves include 5.42E acres of wetlands and 0.70± acre of uplands. In addition, 0.05E acre of "Other Surface Waters" will be preserved. Wetland and upland enhancement will include the removal of exotic and nuisance vegetation and supplemental planting. In addition to avoiding and minimizing wetland impacts, the project was designed to avoid secondary impacts to the preserved wetlands. Design criteria to minimize secondary impacts include the establishment of structural buffers. B. 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. Objective 2.2 of the Conservation and Coastal Management Plan states, "All canals, rivers, and flow -ways discharging into estuaries shall meet all applicable federal, state, or .local water quality standards." To accomplish that; Policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (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 dry retention/detention and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events, The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element, for the following reasons: M Agenda Item No. 3B February 13. 2007 Page 123 of 203 The required 15 percent of the previously existing native vegetation will be recreated on -site and set aside as preserve areas with conservation easements prohibiting further development. Selection of preservation areas is consistent with the criteria listed in Policy 6.1.1. • Habitat management 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 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. Agency permits will be required at the time of site development plan/construction plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the urban designation and require mitigation for such impacts, this shall be deemed to meetthe objective of protection and conservation of wetlands and the natural functions of wetlands within this area. All areas of the project that are in the conservation designation area will remain as preserve areas and will be placed under a conservation easement to the state. • In accordance with Policy 6.2,6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. • In accordance with Policy 7.1.2, a listed species survey was conducted on the property, and no listed species were identified on the subject property (Exhibit M). • In accordance with Policy 11.1.2, correspondence was obtained from the Florida j Department of the State regarding possible archaeological or historical sites within the project area during the SFWMD permit review process for SFWMD PermitNo. 11- 00556 -S (Exhibit I), No archaeological or historical sites are known to be present within the project area, 7 ° ya ary 13, 10 '; 3.8.5.4 NATIVE VEGETATION PRESERVATION A. 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 FL UCFCS categories identified on site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common, and occasional). A description of each FLUCFCS type with the acreage of this habitat type found on the project site is as follows: Commercial and Services (FLUCFCS Code 140) This upland land use consists of existing commercial development and.impervious surfaces. This area is located in the southwest portion of the parcel and totals 4.65± acres or 11.4 percent of the site. Pine Flatwoods (FLUCFCS Code 411) This upland habitat is found in one area in the northern portion of the parcel, which totals 0.75± acre or 1.8 percent of the site, respectively. The canopy contains slash pine (Pinus elliottii) and melaleuca. The sub - canopy consists of wax - myrtle (Myrica cerifera), cabbage palm (Sabal palmetto), and Brazilian pepper (Schinus terebinthifolius). The ground cover is dominated by saw palmetto (Serenoa repens). Brazilian Pepper (FLUCFCS Code 422) This upland habitat is located in the southeastern portion of the site and occupies 0.12+ acre or 0.3 percent of the site. The canopy and sub- canopy strata are dominated by Brazilian pepper. The ground cover contains caesar -weed (Urena lobata) and spernlacoce (Spermacoce verticillata). Ditch (FLUCFCS Code 514) Numerous ditches are located around the perimeter of the roads and existing development areas. They total 0.21± acre or 0.5 percent of the site. They are typically bordered by exotics such as melaleuca and Brazilian pepper. The ground cover in some areas is absent; while in others it can include cattail, duck potato (Sagitteria lancifolia), and pickerelweed (Pontederia cordata). Disturbed Land (FLUCFCS Code 740) This upland habitat is considered disturbed and consist of previously cleared and filled land, which totals 17.48± acres or 42.9 percent of the site. The canopy and sub - canopy consist of scattered slash pine, Brazilian pepper, earleaf acacia (Acacia auriculiformis), and melaleuca, The ground cover includes finger grass (Eustachys sp.), Florida tickseed (Coreop.sis .floridana), wire grass (Aristida stricta), and poison ivy (Toxicodendron radicans). Agenda item trio. 3B February 13, 2007 Page 125 of 203 Berm (FLUCFCS Code 747 This upland land use is located around the northern and middle portions of the parcel, which totals 2.49± acres or 6.1 percent of the site. The canopy is dominated by slash pine and laurel oak (Quercus laurifolia) with buckthorn (Sageretia minutiflora), myrtle oak (Quercus myrt folio), and Brazilian pepper scattered in the sub - canopy. The ground cover includes saw palmetto, beauty -bush (Callicarpa americana), smooth cordgrass (Spartina bakery), and grapevine (Vitis rotundifolia). Roadway (FLUCFCS Code 814) This upland habitat totals 2.39± acres or 5.9 percent of the site and consists of impervious areas. _Wetland Mitigation Area Forested (FLUCFCS Code 920) This habitat is a wetland creation area located in the northern portion of the project, which totals 7.58± acres or 18.6 percent of the site. The vegetation in these areas consists of a vacant canopy. The mid- canopy consists of dead and sparsely scattered live cypress (Taxodium distichum), slash pine, and melaleuca. The ground cover is dominated by torpedo grass and melaleuca seedlings, Wetland Mitigation Area Herbaceous FLUCFCS Code 921 This habitat is a wetland creation area that totals 5.12± acres or 12.6 percent of the site. The canopy and sub - canopy is vacant. The ground cover is dominated by torpedo grass with scattered cattails. B. 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 Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. The property lies within the urban designation of the Collier County Future Land Use Map. According to the vegetation preservation and retention standards for commercial and industrial development for an area of greater than 5.0± acres, a minimum of 15 percent of the native vegetation areas located on the subject property will be recreated. It is estimated that the entire site originally supported native vegetation. The undeveloped portions of the site are currently failed mitigation and 0.75± acre of Pine Flatwoods (FLUCFCS Code 411). The native vegetation calculation is based on the entire site acreage. A Native Vegetation Map is provided as Exhibit J. i The proposed project design has incorporated 5.42± acres of mitigation wetlands and 0.701 acre of the existing pine flatwoods as preserve within the development plan. At post- .. development, these wetlands and uplands will be enhanced by the removal of exotics. The preserved and enhanced wetlands and uplands will be placed under a conservation easement. iebr,,;ary 13, 207 Page 126 of 2C3 This preserve will meet the native vegetation requirement for this property. A Preserve Map for the project is provided as Exhibit K. C. 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 Alanal ement Plan and Division 3.9 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. Not applicable. D. Have preserves or acreage requirements for pr °eservation previously been identif ed for the site during previous development order approvals? Ifso, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. A Collier County PUD named I -75 /Alligator Alley PUD (Ordinance No. 89 -82) was issued for the project. There is an area designated for preservation on the northern portion of the property. This preserve area, as previously discussed, was an unsuccessful attempt at mitigation for the previously approved 951 Commerce Project. Due to the lack of success of this mitigation area, the SFNVMD has agreed that the off-site purchase of mitigation credits from the Panther Island Mitigation Bank would offset impacts on the project site. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved. There are no areas with Special Treatment overlays located within the subject property, 3.8.5.5 WETLANDS A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2,1 and 62.2 of the Conservation and Coastal Management Element of the Groi4;th Management Plan) according to the Morida Land Use Cover and Forms Classification System (FLUCFCS), Include 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). Yf'etland 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. FDER Permit No. 111558019 was issued for the property on May 26, 1989. The FDER permit identified 28.80 acres of wetlands on the property, The FDER permit authorized impacts to 17.75 acres of jurisdictional wetlands. The FDER mitigation plan required the a Agenda Item No. 3B February 13, 2007 Page 127 of 203 creation of 1.65 acres of wetlands from upland, enhancement of 11.05 acres of wetlands, and the preservation of 0.75 acres of uplands. Corps Permit No. 98IPP -21061 was issued for the property on July 24, 1989. The Corps permit identified 28.00 acres of jurisdiction wetlands on the property. The Corps permit authorized impacts to 18.50 acres of jurisdictional wetlands. The Corps mitigation plan required the creation of 3.15 acres of wetlands from uplands and the enhancement of 10.30 acres of wetlands, In addition, a 2.31 acre 20 foot maintenance easement was required to surround the wetland preserve. As proposed, the maintenance easement was required to be planted with upland tree species, SFWMD Permit No. 11- 00556 -S was issued for the property on June 15, 1989. The SFWMD permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3,0 acres of deep marsh surrounded by 9.7 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetlAn.d area. i The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code-920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acres of Pine Flatwoods (FLUCFCS Code 411). There are 12.70± acres of SFWMD /Collier County jurisdictional wetlands and 0.21 ±acre of SFWMD /Collier County "Other Surface Waters" currently on the property (Exhibit C). The wetlands are composed of two FLUCFCS types: Wetland Mitigation Area, Forested (FLUCFCS Code 920) and Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921). Table 2 provides a breakdown of the wetland acreage for the site, and a description of each wetland FLUCFCS type follows. Table 2. SFWMD /Collier County Wetlands and "Other Surface Wafers" Ditch (FLUCFCS Code 514) Numerous ditches are located around the perimeter of the roads and existing development areas. They total 0.21 ± acre or 0.5 percent of the site. They are typically bordered by exotics such as melaleuca and Brazilian pepper. The ground cover in some areas is absent, while in others it can include cattail, duck potato, and pickerelweed. 11 ycCiC i 71 i'•j ^,.:ice r�ebru ary 13, `"',i }7 =ale ,?3 of 20.:; Wetland Mitigation Area, Forested (FLUCFCS Code 920) This habitat is a wetland creation area located in the northern portion of the project, which totals 7.58+- acres or 18.6 percent of the site. The vegetation in these areas consists of a vacant canopy. The mid - canopy consists of dead and sparsely scattered live cypress, slash pine, and mclaleuca. The ground cover is dominated by torpedo grass and inelaleuca seedlings. Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921) This habitat is a wetland creation area that totals 5.12± acres or 12.6 percent of the project site. The canopy and sub- canopy is vacant. The ground cover is dominated by torpedo grass with scattered cattails. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators, Indicate how the project design iinproves /affects pre development hydroperiods. Provide a narrative addressing the anticipated control elevations) for the site. The water control elevation for this project has been set at 9.5 feet NGVD based on the previously permitted control elevation (SFWMD Permit No. 11- 00556 -5) (Exhibit 1). The minimum edge of pavement and perimeter berm elevation has been set at 12.0 feet NGVD. C. Indicate the proposed percent of defined wetlands to be impacted and the effects ofproposed 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 nzininaized. The project development will result in impacts to 7.28± acres of SFWMD /Collier County jurisdictional wetlands and 0. 16± acre of SFWMD /Collier County "Other Surface Waters" (Table 3). The proposed wetland impacts are shown on Exhibit L. Table 3. Wetland and "Other Surface Waters" Impact Summary r F'LUCT+'C'_ Total Nat Impacted Izripact I3abitat `I'y (Acres) SrzC Side Impact Type 4 {Acx es) , , Ditch 514 0.21 0,05 0.16 Fill Wetland Mitigation Area, Forested 920 7.58 4.67 2.91 Fill Wetland Mitigation Area, Herbaceous 921 5.12 0.75 4.37 hill Total 12.91 5.47 7.44 Fill Following project development, the proposed function of the preserved wetlands should increase. There will be enhancement of the preserved wetlands and uplands by the removal 12 Agenda Item Flo. 8B February 13, 2807 Page , 20 of 203 of exotics and the implementation of a stormwater management system, which will allow the wetland areas to receive adequate hydrology. D. 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 RFMUDistrict, provide an assessment, based on the South Florida Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. For sites outside the RFAIU District, and where higher quality wetlands are being retained on -site, provide justification based on the Uniform Mitigation Assessment Method, Since the wetland impacts for the project are proposed to be mitigated off- -site at awetland mitigation bank, the wetland will be assessed using SFWMD's WRAP analysis. It is estimated that 17.28 forested and herbaceous wetland mitigation credits will need to be purchased from a wetland mitigation bank. 3.8.5.6 SURFACE AND GROUNDWATER MANAGEMENT ! A. 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 the storm and j ground water. The project's water management system is designed to pretreat stormwater in a dry detention area on the west side.of the property. From there, the stormwater will be directed into the wetland preserve areas to provide storage. The wetland preserves on the northern portion of the project will receive the pretreated water to maintain hydrology and provide additional storage. The water would then be discharged off -site through a spreader swale. This process should maintain the enhanced wetlands at the front of the site and reduce the need for on -site fill. A Proposed Paving, Grading, and Drainage Plan is shown as Exhibit D 1. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected fr -om 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 (S) or more acres of we The analysis shall be performed using methodologies approved by Federal and State water quality agencies. A water quality analysis using methodologies approved by federal and state water quality i agencies has been conducted as part of the Sl`WMD and Corps permit modification review process. A copy of this assessment is provided as Exhibit N. 13 4:ien-7 a it ;,m 11v0. SB e )rua,- v 131, 2DO7 aa° , 30 Oi ?ice C. Identify any Wellfteld Risk Management Special Treatment Overlay Zones (WKM -ST) within the project area and provide an analysis for how the project design avoids the most intensive i land uses within the most sensitive WRM-STs, No Wellfield Risk Management Zones exist within the project area, 3.8.5.7 LISTED ,SPECIES A. 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(v) of species of special status identified on -site. A listed plant and wildlife species survey was conducted by Passarella and Associates, Inc. on June 29, 2004, The survey methodology and results are provided as Exhibit M. No listed species were identified on the property during the listed species survey or during any other site visits. B. 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 proximity of listed species to the project site as recorded by the Florida Fish and Wildlife Conservation Commission (FWCC) is provided as Exhibit 0. Listed wildlife species that were not observed, but that have the potential to occur on the project site are listed in Table 4, Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume I. Mammals (Humphrey 1992), Volume III; Amphibians and Reptiles (Moler 1992); Volume V. Birds (Rodgers et al. 1996); and personal experience and knowledge of the geographic region. Table 4. Listed Wildlife that Could Potentially Occur 14 Des nated State Iial�itati;, l' ; Sctenttt7c Narne Common Natne ,TM '" (FLUIi+t3S, t,i Tt1?VCG USFWS Am hibigns aird Reptiles Rana capito Go leer Frog SSC - 411 Dsymarchon corais coup err Eastern Indigo Snake T T 411 Go herus col ohewus Go her Tortoise SSC 411 I3�rcls- ' _ _.. . T. retta Chula Snowy Egret SSC - 514/920/921 Endoctunis albus White Ibis SSC - 514/920/921 14 Agenda item No. 8B February 13, 20G7 Page 131 of 203 Table 4. (Continued) Y ! 1 Lys � +. -�. J �,L -J t Q.. il�.1� 1 Yia {C(1 �Cr�ttlJ' d tl Ct�,tiir�,f'��li►�,� "'*6k{�� 15f � i t A ICA 14 ;. . ` Se Birds o�nir JAI ue 4jaia ajaja Roseate Spoonbill SSC - 514/920/921 Aramus guarauna Lim kits SSC - 514/920/921 M cteria americana Wood Stork E I E 514/920/921 Southeastern American Falco sparverius paulus T _ 411 Kestre Haliaeetus leucocephalus Bald Eagle T T 411 Red - cockaded Picoides borealis T g 411 Woodpecker Big Cypress Fox T 411 Sc.iurus niger avicennia _ S uin•el Felis concolor cor it Florida Panther E E 411/920 s` FWCC -- Florida Fish and Wildlife Conservation Commission USFWS — U.S. Fish and Wildlife Service SSC — Species of Special Concern i T — Threatened E — Endangered T (S /A)— Threatened due to similarity of appearance Gopher Frog (Rana areolata) The gopher frog could potentially occur within upland Pine Flatwoods (FLUCTCS Code 411) habitats on the project site and is typically only found in association with populations of gopher tortoise. No gopher tortoise burrows were found on -site. Eastern Indigo Snake (Drymarchon corals couperi) The Eastern indigo snake could potentially occur within the native upland and wetland habitats on the project site. The Eastern indigo snake is far ranging and may utilize activity areas of 125+ to 250+ acres or more (Moler 1992). The Eastern indigo snake is typically found in association with populations of gopher tortoise. No gopher tortoise burrows were observed on the project site. Gopher Tortoise (Gopherus Ol hemus Potential gopher tortoise habitat exists in the Pine Flatwoods (FLUCTCS Code 411) habitat on the project site. The habitat exists in the central portion of the property, although no gopher tortoise or their burrows were observed on -site. Snowv Earet (E2retta thula), White Ibis (Eudocimus albus), Roseate Spoonbill (Aiala aiaia), Limpkin Gran2us guarauna), and Wood Stork (Mycteria arnericana) Potential foraging habitat (fresh and saltwater wetlands) for the little blue heron, roseate spoonbill, limpkin, and wood stork occurs on -site. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 199 1) list no bird rookeries on the subject parcel. The 15 A:ienoa Item Igo. 8B "ebruary 13. 2007 P ace ? 32 of 203 nearest recorded bird rookery site is No. 620022 located along the east side of S.R. 951 in Rookery Bay over ten miles away in Section 9, Township 52 South, Range 26 East. This colony was last reported occupied by brown pelicans in 1989. The next closest rookery site is i No. 619160 located in Fakahatchee Strand over 17 miles away in Section 5, Township 49 South, Range 29 East. This colony was last reported occupied by non- listed species in 1989. Southeastern American Kestrel Falco sparverius Paulus) Potential habitat for Southeastern American kestrel may exist within the pine habitats on the project site (FLUCFCS Codes 411); however, the project site is at the southernmost extreme of the known range for this subspecies. Since 1980, observations of Southeastern American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida (Rodgers et al, 1996), Bald Earle (Haliaeetus leucocephalus) Potential nesting habitat for bald eagle may exist witlun the Pine Flatwoods (FLUCFCS Code 411) habitat on the project site. A review of FWCC documented nest sites for eagle nest locations within the county shows a bald eagle nest approximately 2.9 miles from the project site Red - Cockaded Woodpecker (Picoides borealis) Potential foraging habitat for red- cockaded woodpecker may exist within the pine habitats (FLUCFCS Code 411) on the project site. However, the trees located on the project are small planted trees, most of which are dead. A review of FWCC documented nest sites for known red - cockaded woodpecker colonies within the county shows the closest known red- cockaded woodpecker colonies documented approximately one quarter mile from the project site, Big Cypress Fox Squirrel (Sciurus niger avicennia) Potential Big Cypress fox squirrel habitat exists within the upland pine and forested wetland habitats. Upland habitats on the project site have a dense understory of saw palmetto, which is considered undesirable as Big Cypress fox squirrel habitat. Florida Panther (yetis concolor corvi) The subject parcel does not occur within Priority 1 or 2 panther habitat according to a review of the Florida Panther Habitat Preservation Plan (Logan et al. 1993). Three radio - collar telemetry points from Florida panthers have been recorded within one mile of the project site. As previously described, most of the project site is impervious or disturbed land, while the preserve areas on the project site are adjacent to an interstate and State Road 951. These are not preferred habitat and are generally avoided by panthers (Maehr et al. 1991). In addition, the close proximity of neighboring development would deter any panthers from utilizing the site. No panthers or their sign (i.e., tracks, scat, etc.) were observed during the listed species surveys conducted on the property. Listed plant species that were not observed but have the potential to occur on the project site are listed in Table 5. Information used in assessing the potential occurrence of these species 1 .1 A I ,7 1 .I ,� F 41.,. uueu personall experience anu rinOw& AgC Ol uic gCOgrap xis. regrOri. 16 Agenda item No. 3B February 13, 2007 Page 1,333 of 203 Table 5. Listed Plant Species That Could Potentially Occur '� +4r I �` z s ',y, I t si r{l to t i,... a .,.,1.rx Tai a.,;... �. 5 . .::7r.mninn NariIP, ! Deeringothamnus White-squirrel-banana; E g 411 ulchellus Beautiful Pawpaw ,Zca is oHdana Florida Coontie C - 411 FDA — Florida Department of Agriculture USFWS — U,S. Fish and Wildlife Service E — Endangered C -- Commercially Exploited T — Threatened C. Indicate how the project design minimizes impacts to species ofspecial status.. Describe the ' measures that are proposed as mitigation for impacts to listed species. 1 Not applicable. No wildlife species were observed on the property. D. Provide habitat management plans for each of the listed species known to occur on the jproperly. 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. I Not applicable. No wildlife species were observed on the property. i i . E. 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 rnet. l No correspondence has been received from either the FWCC or the U.S. Fish and Wildlife I Service regarding this project. j 3.8.5.8 OTHE11 A. 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. B. Not applicable. Include the results of any environmental assessments andlor audits of the property. If applicable; provide a narrative of the cost and measures needed to clean up the site. 17 Pace Of 21C'31 No Phase I Environmental Site Assessments or any other audits are known to exist for the subject property, The project was previously permitted for development under SFWMD Permit No. 11- 06556 -5 and Collier County Ordinance No, 89 -82. C. For site 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. Not applicable, E. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old faun 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. Not applicable. F. Provide documentation for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. I Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate hou1 the project design preserves the historic /archaeological integrity of the site. Correspondence from the Florida Department of the State regarding possible archaeological or historical sites within the project area is included as Exhibit P. The review indicates that no significant archaeological or historical sites are recorded within the project area. 18 Agenda Item No. 8B February 13, 2007 Page 135 of 203 i REFERENCES Florida Department of Transportation. 1999, Florida Land Use, Cover and Forms Classification i System. Procedure No. 550 - 010 -00 La. Third Edition. i Humphrey, S.R. 1992. Rare and Endangered Biota of Florida. Volume 1. Mammals. University Press of Florida, Gainesville, Florida. j Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Dolma Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population, U.S. Fish and Wildlife Service, Gainesville, Florida. l Maehr, D.S., E.D. Land, and J.C. Roof. 1991. Social ecology of Florida panthers. National Geographic Research and Exploration 7 (4); 414 -431. i Moler, Paul E. 1992. Rare and Endangered Biota of Florida. Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. i Rodgers, J.A., Jr., Herbert W. Kale, II, and Henry T. Smith. 1996. Rare and Endangered Biota of i Florida. Volume V, Birds. University Press of Florida, Gainesville, Florida. i Runde, D.E., J.A. Gore, J.A. Hovis, MS. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989: Nonganie Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida, 19 r.7 'i CA C1 rem No, uE3 r=ebruary 13, 2007 gage 136 of 203 I -75 /ALLIGA'T'OR ALLEY COMMERCIAL PUD AR -6417 PRESERVE AREA MANAGEMENT PLAN INTRODUCTION The following outlines the wetland enhancement, monitoring, and maintenance plan for the I- 75 /Alligator Alley Commercial PUD project located in Section 34, Township 49 South, Range 26 East, Collier County. The development of the Alligator Alley PUD project will result in impacts to 7.28± acres of South Florida Water Management District (SFWMD) jurisdictional wetlands and 0.16± acre of SMTMD "Other Surface Waters." A total of 5.421 acres of wetlands and 0.70± acre of upland preserve will be enhanced and preserved on -site. This includes wetland enhancement through hand removal of exotics and supplemental planting. Additionally, uplands have been preserved to meet Collier County native vegetation preservation requirements and will be enhanced through the removal of exotic vegetation. The SFW1v1D conservation area along with the Collier County preserve areas totals 6.12± acres. The on -site enhancement work will be done concurrently with the construction of the infrastructure and stormwater management system for the I -75 /.Alligator Alley Commercial PUD project. As part of the enhancement program for the SFIVMD, the preservation areas will be placed in a conservation casement, The wetland mitigation activities will be done concurrently with the construction of the surface water management system for the project. The mitigation areas will he placed under a conservation casement to the SFWNID. EXOTIC REMOVAL AND PLANTING PLAN Exotic removal will include all Category I exotic vegetation, as defined by the Florida Exotic Pest Plant Council's List of Invasive Species. The exotics to be eradicated include, but are not limited to, melaleuca (M'claleuca quinquenemia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina equisetifolia), and downy rose- myrtle (Rhodomyrtus ton ?entosus). The on -site exotic removal work within the preserve area will be done concurrently with initial site clearing activities for the project. The hand removal of exotics from wetlands and uplands will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining sttunp with approved herbicide; (2) girdle standing mclalcuca and Australian pule with diameter at breast height greater than four inches and apply approved herbicide to cambium; (3) foiiar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose - myrtle; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings. Passarella and Associates. Inc. I /00BDC525 4.-5/05 RE- SUBMITTAL PUDZ -A- 2004 -AR -6417 PROJECT #19990293 DATE: 5/11/05 MIKE DERV ITZ 1 of') Agenda Item fro. 8B February 13, 2007 Page 137 of 203 In areas where the density of melaleuca and Brazilian pepper trees exceeds 50 percent, cuttings will either be hand removed fiom the site or stacked in piles at approximately 100 root intervals. If left on the site, smaller melaleuca cuttings will be stacked butt end to the ground into a nearly vertical position (i.e., teepee method). Larger melalcuca cuttings will be cut and stacked side by side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to the previous layer up to a height of approximately six feet (i.e., log cabin method). It should be noted that the first 75 feet of the preserve areas will have the exotics completely removed, per Collier County. Supplemental wetland plantings will be conducted in the wetland enhancement area. Tree plantings will include a minirnurn of two of the three species listed in Table 1, shrub plantings will include a minimum of two of the three species listed in Table 1, and ground cover plantings will include a minimum of two of the three species listed in Table 1. Planting densities for trees include 2,361 plantings (10 feet on center), shrubs include 9,444 plantings (5 feet on center), and ground cover will include 26,233 plantings (3 feet on center). Table 1. Supplemental Planting List PRESERVE SIGNAGE Signs identifying the preserve as a "Preserve Area Do Not Disturb" will be installed along the limits of the on-site conservation areas. FIRE MANAGEMENT To reduce the threat of wildfires within the preserve area, prescribed bunts may be utilized to remove excess vegetative growth and nuisance vegetation, such as vines. Controlled burning shall be conducted by a state certified bun- manager, and will be at the discretion of the developer �.. or horneowner's association. PassaTella and Associates, inc. 2 of 3 #OOBDC525 415/05 . ' w t Mlnitrllrrtr s yianf�ug id') �on.ew � Gotn ntrt I� t �esentt�ie'11Tu.me ��tj�h,��` j� t�#�ti'tdrd�r � ��yy� I i sngtra rarrr 44L .. � .a F: tTx. . .. n.• +:r F. �! 4 .." ,4�r�i J. .I yy p.fi: ✓"N 'yp - 1i�14V1 i i4 Cypress Taxodium distichum 14 ft. 10 gal, 10 ft. oc. Canopy Slash Pine Pinus elliottii 14ft. 10 gal. 10 ft. oc. Dahoon Holly Ilex cassine 14ft. 10 gal. 10 ft. oc. Cordgrass S artina bakeri 12 in. 7 gaL 5 ft. oc. Shrub Myrsine Ra anea punctata 12 in. 7 gal. 5 ft. oc. Wax- myrtle i M};cteria cerifera 12 in. 7 gal. 5 ft. oc. Sawgrass Panicum hemitomon 12 in. 1 gal. 3 ft. oc. Ground Wiregrass Aristida. stricta 12 in. 1 gal. 3 ft. oc. Cover Gulfdune Pas alum Pus alum monostachyum 12 in. 1 gal.. �3 ft. oc. PRESERVE SIGNAGE Signs identifying the preserve as a "Preserve Area Do Not Disturb" will be installed along the limits of the on-site conservation areas. FIRE MANAGEMENT To reduce the threat of wildfires within the preserve area, prescribed bunts may be utilized to remove excess vegetative growth and nuisance vegetation, such as vines. Controlled burning shall be conducted by a state certified bun- manager, and will be at the discretion of the developer �.. or horneowner's association. PassaTella and Associates, inc. 2 of 3 #OOBDC525 415/05 . The contact information for the preserve manager and the developer are as follows: Preserve Manager Harry Spotts Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274 -0067 harrys(iDpass arella.net lie:ida "Lein PVo. C Febrtiary 13. 2 D G image 1"'18 of 2C3 Developer Dave Gustafson Benderson Development Company 8441 Cooper Creek Boulevard University Park, Florida 34201 (941) 359 -8303 daveaustarsoiiQbencierson.com The preserve manager is responsible for overseeing the implementation of the preserve management plan; until such time that the homeowner's association takes over from the developer. Passarella and Associates, Inc. Y0013DC525 4/5105 3of3 1-75 Commerce Center Alligator Alley- PUD 40*,79'Acres Permit #11-00556-5 Amended Water Management Report By: Role Montes 950 Encore Way Naples, FL 34110 Agenda Item. No. 8E3 February 13. 2007 Page 139 of 203 N al, PE 26646 d i,.Xuthorizafion # 1.772 January 216, 2005 RE-SUBMITTAL PUDZ-A-2004-AR-6417 PROJECT #19990293 DATE: 5111105 MIKE DERUNTZ M r- -) yea dVW NOIIVOOI vaiao�� AINnoo uanioo Agenda Item No. 8B February 13, 2007 Faoe 141 of 203 ALLI'GATOR ALLEY PUD Narrative The subject 40.79 acre Alligator Alley PUD property is located in the northwestern quadrant of Davis Boulevard and County Road 951. This proposed modification to the stonn water management pe.=it has the latest site design for the entire 40.79 acres. We are applying for a construction permit for the entire site. The present (existing) permit shows a layout for commercial lots on the southern 24.79 acres and a preservelwater management area on the northern 16.00 acres. The existing discharge structure has one -0.50' wide rectangular notch with an invert at elevation 9.5 NGVD and a 40 linear feet of 18" RCP discharge pipe. The proposed plan will modify the control structure. The existing 1/i -inch pre - treatment method was to provide treatment on individual commercial lots and in the roadway swales. The proposed method is. to create a master pre - treatment system along the western and eastern property lines. PROPOSED: The control structure will be slightly modified and discharge pipe will remain the same. Part of the existing 16 acre preserve will be developed and off -site mitigation is proposed. A new master 1/2-inch pre - treatment system and water quality system will be located along the western and eastern side of the commercial tract. The overall site percentage of impervious surfaces in the proposed plan is less that the permit value for the 40.79 acre tract. Item Permit Proposed Water Management 13.4 ac 13.51 ac Impervious 18.4 ae 14.59 ac Roof 3.7 ac 6.73 ac Pervious 5.3 ac 5.96 ac Percent Pervious = 45.83 % 49.06 % (20.01 ac) Percent Impervious = 54.17% 50.94 % (20.78 ac) WATER USE: Since there are no lakes associated with this project, the irrigation source will have to be. from the Collier County water main. DEWATERING: No dewatering since there are no lakes. ,t i� c y a� LL s a U 9 Y S31f pp?s?b Yt l9py ao� 3 v V. w is a # e °ter 6 g 4I. 00 J JV ¢W U �J W a b � � S` R d o F o • F K � � C�rJ00 (I �I W e a� + r ^ ✓W Tur _ - - - -- i k (YO-5 'OH WOE! ]lY1.S) OUYAllOol SMYO ¢d 9 LU u ie �w v V. w is a # e °ter 6 g 4I. 00 J JV ¢W U �J W a b � � S` R d o F o • F K � � C�rJ00 (I �I W e a� v V. w is a # e °ter 6 g 4I. 00 J JV ¢W U �J W a b � � S` R d o F o • F K � � C�rJ00 (I �I W /� + r ^ ✓W Tur LU u ie �w & Q cc{u�mo � ry �W a J a u. Qi o r• : �' W H N d a �• Z a m. X oa.r•r,nc �un 1W S W C7a w r o 0 �w� V ;ui ao z �U 6` °SLti 573_^ y � 9 —n v V. w is a # e °ter 6 g 4I. 00 J JV ¢W U �J W a b � � S` R d o F o • F K � � C�rJ00 (I �I P k' -- Acaenda Item No. SB r'eDluary '1,5, 20,J , U Page 143 of 20 7 P k' -- 3 j ,~� `� !g • 1.111 Acaenda Item No. SB r'eDluary '1,5, 20,J , Page 143 of 20 7 cy� P x N p E O --------------- e LU �i1� I z_c7 to Z Q W C 3 j ,~� `� !g • 1.111 7 � y a� —c5T M cz y Lr Q u— 1 I i I cwYanl � o IGYYOe . --- - - - - -- - _---------- - - - - -, � I,(aadn3�noe s3ndo) ve —si ovoa nvis !' .. �..Y ----a w. -iiiL4 ._ - UT '>" I `� i'"~ � -� � ,I glxt I tt 1� err_ ---- I• I R� li .i•I�o'r'.: Ilk e{: 1 wLLV15 o�♦)IIY I O. , I W 5 gy I LR WhB. = =�"I I Z +•� Iii I I ^ -- i 1 t I �`r� �✓ —I amAy� .� p is +s O IFil U 1 � n� —' , , -- +l IL I yg PROPOSED � a1 � [� •�, 4 � .Y� � � AE z RETAIL I � � yy'S� 1 1 i 1p�b1Ra I I Y ' S I I � 1 I ^- t ; I I I , 1 , I , 1 , I , I , O Oil G :ce2ke j �ry: °es !�^ � � o 8 � 1 > �N�1 W)_ 8 i i. Z N .,. I �$n a � N 6NI[� N cc J ¢ n. S.� Z L VALm W C. Ul Q� U #' 1I ka M �� 1 • f i Z � y+�+ ✓ 'Itr , � L hl #LIi li IHilI oUJ4 CL 0' s ` G Z) Ln cc n it Il 1: ............ I z 0 w LOI ........... tll t�d .......... ........... tll t�d w Lij ii k ... . .... ........ I. 04 ui li I TI, 0 uj Gi b LO Us .j x uj. CL CL LU 0 0 gavE n tr - o aw LO CO O 6 71- a) LL w 100 Z LLI U) A T- j ggi u. En 0 OD IL UZ x LU CL Li L) 0 Q R R KAI UL z 0 LLI 0 J LU J J Acenda Item No. 88 Febroary 13, 20307 Page 147 of 203 Land Use (,44.79 acres) Area Percent Item east Permitted Proposed Preserve 7.78 % 16.00 ac. 6.12 ac Development Pavement & Sidewalk 24.79 ac 34.67 ac Site Analysis Existlna Motel (2.17 acres) 0.14 Item Area Percent Roof 0.44 ac 20.28% Pavement & Sidewalk 1.02 ac 47.00% Grass & Landscaping 0.71 ac 32,72% ' Site Analysis E, xisting McDonalds (1.02 acres) Item Area Percent Building Roof 0.15 ac 14.71% Pavement & Sidewalk 0.59 ac 57.84% Grass &Landscaping 0.28 ac 27.45% Site Analysis- Existing Taco Bell (0.90 acres Item Area Percent west east Building Roof 0.07 ac 7.78 % 0.07 0.0 ac Pavement & Sidewalk 0.46 ac 51.11% 0.14 0.32 ac Grass & Landscaping 0.37 ac 41.11% 0.20 0.17 ac Aoenua Item ho. 8B February 13. 21DO7 Page 148 of 2C3 Site Analysis West Half Lot 2 (1.20 acres) Assume Item Area Percent Building Roof 0.32 ac 26,67% Pavement & Sidewalk 0.61 ac 50.83 % Grass & Landscaping 0.27 ac 22.50% Site_Analvsis New lot 3 (1.01 acres) Assume Item Area Percent -- - - - - -- - - - - - -- ---- - - - - -- Building Roof 0.20 ac 19.80% Pavement & Sidewalk 0.32 ac 31.68 % Grass & Landscaping 0.49 ac 48.52. Site Analysis R/W (2.83 acres Item Area Percent west east Building Roof 0.00 ac 00.00% 0 0 Pavement /walk 1,12 ac 39.58% 0.38 0.74 Grass & Landscaping 1.71 ac 60,42% 0.64 1.07 Site Analysis New Center (22.06 acres Item Area Percent west east Building Roof 5.55 ac 25.16 °Io 5.41 0.14 PavemenUwalk 9.94 ac 45.06% 2.12 7.82 Detention basins 3.91 17,72% 1.46 2.45 Grass & Landscaping 2.66 ac 12.06 % 1.01 1.65 Aaenda Item No. 813 'Februuary 13, 2007 Page 149 of 203 Site Analvsis north preserve area (9.60 acres Item Area Percent Building Roof 0 ac 0% Pavement/walk 0 ac 0% Grass & Landscaping 9,60 ac 100% Land Use Summarv: Item Roof Pave /walk Grass Total ------------------------------------------------------------------------------------- - - - - -- Hotel 0.44 ac 1,02 ac 0.71 ac 2,17 acres McDonalds 0.15 0.59 0.28 1.02 Taco Bell 0.07 0.46 0.37 0.90 West Lot 2 0.32 0.61 0.27 1.20 Lot 3 0.20 0.31 0.50 1.01 Center 5.55 9.94 6.57 22.06 R/W 0.00 1.12. 1,71 2.83 Preserve 0.00 0.00 9.60 9.60 --------------------------7---------------------------------------------------------------- Totals 6.73. 14.05 20.01 40.79 acres Estimating reurade elevation at buildings & parking lots 12.6 = minimum pavement 14.0 = maximum pavement 0.5 = plus curb height 0.5 = plus curb height --------------------------- - - - - -- ---------------------------------- .13.1 = minimum grass elev 14.5 = maximum grass elev 13,8 = average site landscape /grass elevation* * not-, this does not include the detention basins or perimeter berms pace 150 oi-27 R \ \\ I I �i o lcq� a \\ \\ I 1 • f , \�. I (� \ 0 I N. 0 R..'*- 1 1 ♦ 1 f y Z. L L t s f f f {, I k 1 • • 1 1 1 f 90 1 EWE f WF l e I 3 o D 4 o _ Q I & � � C6 P I ! PROPOSED IV ol, E Lo '—BED — ca Alt 0. l �,r 14' 1 i/ cr_ SAMOCO ti i z a U 8 ,1 TATION 1 l 1 � I _ — STATE ROAD S_84 (DAVIS BOULEVARD) �� r ��� I • I., Agenda item No. 33 February 13.. 2007 Page 151 of 203 Site Analvsis WEST watershed (13.64 acres Item Area Percent Building Roof 0.07 + 0.32 + 0.20 + 5.41 = 6.00 ac 43.99% Paverr►ent/walk 0.14 + 0.61 + 0.32 + 0.38 + 2.12 = 3.57 ac 26.17% Detention Basin 1.46 ac 10.70% Grass & Landscaping 0.20 + 0.27 + 0.49 + 0.64 + 1.01 = 2.61 ac 19.13% Site Analysis NORTH watershed (9.60 acres) -Area --------Percent - Building Roof 0.00 ac 00.00% Pavement & Sidewalk 0.00 ac 00.00% Preserve 6.12 ac 63.35 % Vegetated areas . 3.54 ac 36.65 Site Analysis EAST watershed {17.55 acres Item Area Percent Building Roof 0.4.4 + 0.15 + 0.14 = 0.73 ac 4.16% Pavement & Sidewalk 1.02 + 0.59 + 0.32 + 7.82 + 0.74 = 10.49 ac 59.77% Detention Basin 2.45 ac 13.96% Grass & Landscaping 0.71 + 0.28 + 0.1'1 + 1.65 + 1.07 = 3.88 ac 22.11% Proposed entire site 40.79 acres: Percent of site pervious = 20.01 / 40.79 = 49.06 % Percent of site impervious = 20.78 / 40.79 = 50.94 or'o Soil Storage (13.64 acres- West basin) Percent of site pervious = 4.07/13.64 = 29.84 % Percent of site impervious = 9.57/13.64 = 70.16 % 2,53 = (0.98 ac /4,07 ac) x 10,5 0.83 = (0.29 ac /4.07 ac) x (10.5 +12,8)/2 0.26 = (0.09 ac /4.07 ac) x (11.1 + 12.8)/2 0.19 = (0.06 ac /4,07 ac) x 12.8 8.99 = (2.65 ac /4.07 ac) x 13.8 12.8 = average grade for pervious 9.5 = control elevation (less) 3.3 = storage depth Aoen; a item No. 8B Februar,% 13 2007 °aae 152 of 203 bottom basin side slope basin perimeter berm side perimeter berm top landscape islands and grass areas From Chart on page E -3 Figure E -1 6.1 = inches cumulated available storage (3.3 depth to WSWT ) 1.82 = inches of soil storage ( 4.07 ac pervious / 13.64 ac total x 6.1 inches) CN = 1000 / (1.82 + 10) = 84.6 Soil Storage (17.55 acres- East basin) Percent of site pervious = 6.33/17.55 = 36.07 % Percent of site impervious = 11.22/17.55 = 63.93 % 2.70 = (1.63 ae/6.33 ac) x 10.5 0.67 = (0.36 ac /6.33 ac) x (10.5 +12.8)/2 0.28 = (0.1.5 ac/6,33 ac) x (10.6 + 12.8)/2 0.24 = (0.12 ac /6.33 ac) x 12.8 8.87 = (4.07 ac /6.33 ac) x 13.8 12.76 = average grade for pervious 9.5 = control elevation (less) ---------------------------- 3.3 = storage depth bottom basin side slope basin perimeter berm side perimeter berm top landscape islands and grass areas From Chart on page E -3 Figure E -1 6.1 = inches cumulated available storage (3.3 depth to WSWT ) 2.20 = inches of soil storage ( 6.33 ac pervious / 17.55 ac total x 6.1 inches) CN = 1000 / (2.20 + 10) = 82 Sail Storaie (9.60 acres - Preserve North Percent of site pervious = 9.60 / 9.60 Percent of site impervious = 00.00 / 9.60 0.38 = (0,31 ac/ 9.60 ac) x (10.6 + 12.8)/2 0.38 = (0.31 ac/ 9.60 ac) .x (10.5 + 12.8)/2 0.23 = (0.17 ac/ 9.60 ac) x 12.8 0.09 = (0.07 ac/ 9.60 ac) x (11.1 + 12.8)/2 0.05 = (0.05ac/ 9.60 ac) x (9.6 + 11.0)/2 0.30 = (0.24 ac/ 9.60 ac) x (11.0 + 12.8)/2 0.11 = (0.09 ac/ 9.60 ac) x (11.1 + 12,8)/2 0.11 = (0.09 ac/ 9.60 ac) x (10,6 + 12.1)12 0.19= (0.15 ac/ 9.60 ac) x(12.1 +12.8)12 8.04 = (8.12 ac/ 9.60 ac) x 9.5' 9.88 = average ground elevation 9.9 = average grade 9.5 = control elevation 0.4 = storage depth Agenda Item No. 313 February 13, 2007 Page 153 of 203 = 100.00 % = 00.00 % perimeter berm outside slope along I -75 perimeter berm inside slope along 1 -75 perimeter berm top along I -75 perimeter berm northwest side 460 LF perimeter berm inside 460 LF perimeter berm top 460 LF perimeter berm southwest side 5401f perimeter berm. inside 540 if perimeter berm top 540 if remainder (less berms) From Chart on page E -3 Figure E -1 0.1 =inches cumulated available storage (0.4 depth to WSWT ) 0.1 =inches of soil storage ( 9.60 ac pervious / 9.60 ac total x 0.1 inches) CN = 1000 / (0.1 + 10) = 99 Agenda T--m No. 8B �bruary 13. 2007 ?a:i�s 1 -Y4 of 203 Item V.D. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 2, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development DESCRIPTION No. PUDZ -A- 2004 -AR -6417 Petition Name: I -75 /Alligator Alley PUD Applicant /Developer: Randall Benderson et al, Trustees and Davis Boulevard Randall Benderson 1993 -1 Trust Engineerin'a Consultant: Hole Montes, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The subject property is located on the north side of Davis Boulevard in the southwest quadrant of the intersection of I -75 and Collier Boulevard in Section 34, Township 49 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include both developed and undeveloped parcels, and three major roadways. ZONING DESCRIPTION N - R.O.W. Interstate I -75 S- R.O.W. Davis Boulevard E - R.O.W. Collier Boulevard R.O.W. Interstate I -75 C -4 Developed W - PUD (East Gateway) Undeveloped Ageirica Item No. 8B Pabruary 13, 2007 EAC Meeting Page 155 of 203 Page 2 of 9 IV. PROJECT DESCRIPTION: The project contains 40.8 acres and approximately 11.4 acres is proposed for the Preserve /water Management Area, with the balance of the property permitted for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. The maximum allowable square footage of gross leasable floor area is 265,000 square feet of retail or office area excluding the existing motel approved for 107 units and any future motels. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan and an interconnection is proposed to the adjacent East gateway PUD, a non - residential PUD. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (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 subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner affirms in the statement of compliance that "Development of the I- 75 Alligator Alley PUD will be consistent with the Activity Center #9 Interchange Master Plan." The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total acres are eligible for commercial zoning, to date, 325.23 acres are presently zoned commercial, therefore, 22.65 acres are eligible to be rezoned to commercial. EAC Meeting Page 3 of 9 ,"genda 1 --m WiQ. iB e L, "uary 13, 21DG7 Page '15,6 of 203 The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses, however, 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore, only 3.6 acres have to qualify under the Activity Center #9 criteria. Since 22.65 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. 632.5 acres X 55% = 347.88 acres maximum eligible for con nz:ercial . -oning within Activity Center- #9. 325.23 acres are presently zoned comniercial leaving a remainder of 22.65 acres eligible for rezoning to commercial (347.88 - 325.23 = 22.65). In addition, the PUD requests 107 motel/hotel units. There are presently 107 existing motel units on the subject property that was approved at a density of 26 units per acre pursuant to Ordinance 89 -82. Hotel /motel uses are allowed within the Activity Centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel /motel uses was amended to delete the density of 26 units per acre and replace it with a Floor Area Ratio (FAR) of 0.60. If this FAR does not provide for the existing approved density, then an interpretation of Policies 5.1 and 5.9 could provide for the existing density to remain. Pursuant to FLUE Policies 7.1, 7.2 & 7.3. access to the project has been provided via two access points on Davis Boulevard, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads and an interconnection is proposed to the adjacent East Gateway PUD. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Master Plan. Conservation & Coastal Management 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 ". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an EAC Meeting Page 4 of 9 Agenda item No. 8B February 13. 2Uy7 Page 157 of 203 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 dry retention/detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Policy 6.1.1, 15 % of the existing native vegetation shall be retained /re- planted on -site and set aside as a preserve area with conservation easements prohibiting further development. Preserve areas are interconnected to adjoining off -site preserves. Habitat management and exotic vegetation removal /maintenance plans are 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 (EIS) 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. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan /Construction Plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Wildlife surveys and habitat management plans for listed species in accordance with Policy 7.1.2 are included in the Environmental Impact Statement (EIS). Pursuant to Policy 7.1.4, all development shall comply with applicable federal and state permitting requirements regarding listed species protection. EAC Meeting Page 5 of 9 NIL MAJOR ISSUES: Stormwater Management: Agenda tem No. EB FebrL�ary 13. 2007 may: i 58 of 203 On 15 June 1989, the South Florida Water Management District issued surface water management permit # 11 -00556 to the 40.8acre project called I 75 — Alligator Alley PUD. The permit calls for site discharge to be to the northwest into a swale that goes north under 1 -75 and eventually into the Golden Gate Canal. The permit has been modified since then for the different commercial projects within the PUD. Any further modifications to the system would also require an SFWMD permit modification. Environmental: Site Description: The majority of the site has been previously altered and consists of a combination of access roads, developed commercial parcels, fill pads, surface water management systems and 12.70 acre wetland mitigation area. Commercial uses currently found on -site include a 107 room hotel with manager's apartment, Taco Bell and McDonalds. The main entrance road is an access loop road that surrounds disturbed filled areas. A berm exists around the wetland mitigation area at the north end of the project. Wetlands: South Florida Water Management District (SFWMD) permit No. 11- 00556 -S was issued for the property on June 15, 1989. The permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.00 acres of deep marsh surrounded by 9.70 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. The total SFWMD conservation area was 13.45 acres. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetland area. Since issuance of applicable federal, state and local agency permits, the project site was cleared and filled. The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acre of Pine Flatwoods (FLUCFCS Code 411). Previous on -site wetland mitigation efforts have proven to be unsuccessful. The Wetland Mitigation Area, Forested (FLUCFCS Code 920) consists of dead slash ninenine wnre, Melale»ca and tomedo grass (Panicum renens). The Wetland � r- EAC Meeting Page 6 of 9 Agenda Item No. 83 February 13, 2007 Page 159 of 203 Mitigation Area, Herbaceous (FLUCFCS Code 921) is dominated by torpedo grass and cattails (TYpha sp.). The level of exotics found within the wetlands range from 25 to 80 percent Melaleuca seedlings and torpedo grass. During initial stages of planting, the organic top layer of soil was removed. This is an attributing factor to the failure of the wetland plantings. Also, human disturbance by the use of all terrain vehicles during the dry season has also contributed to the degradation of the wetland mitigation area. The construction of the project will result in wetland impacts to 7.28 acres of the current on -site mitigation wetlands and 0.16 acre of Other Surface Waters. The previously permitted wetland impacts (that were originally mitigated on -site) will be mitigated off -site by purchasing credits at a wetland mitigation bank. It is estimated that 17.28 forested and herbaceous wetland mitigation credits will need to be purchased. Preservation Requirements: The project site was previously permitted with an on -site preserve area. Because of this, the native vegetation requirement for the County is calculated based on the entire acreage of the PUD. In accordance with the County Land Development Code (LDC) and Growth Management Plan (GMP), fifteen percent (.15 x 40.79 = 6.12 acres) of the native vegetation is required to be retained on -site. The PUD master plan identifies 6.12 acres of preserve. These include 5.42 acres of mitigation wetlands and 0.70 acre of uplands. Wetland and upland enhancement will include removal of exotic and nuisance vegetation, and supplemental planting with native species. Restoration planting will be required to be in accordance with the planting criteria identified in the LDC. Wetland preserves will receive pretreated stormwater to maintain hydrology and provide additional storage. Listed Species: A listed plant and wildlife species survey was conducted on June 29, 2004. No listed species were identified on the property during the species survey or during any other site visits. The proximity of listed species to the project site as recorded by the Florida Fish and Wildlife Conservation Commission (FFWCC) is provided as Exhibit O in the EIS. VII. RECOMMENDATIONS: EAC Meeting Page 7 of 9 �.aen a ter No. 3B Page 160 of 203 Staff recommends approval of Planned Unit Development No. PUDZ- A -2004- AR -6417 "I -75 /Alligator Alley PUD" with the following conditions: Stormwater Management: 1. South Florida Water Management District surface water management permit # 11 -00556 must be modified as required. Environmental: 1. Replace the language in section 4.11 of the PUD document with the following condition. Pursuant to Section 2.03.07.E of the Land Development Code if during the course of site clearing, excavation or other construction activity an 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. EAC Meeting Page 8 of 9 PREPARED BY: Agenda Item No. 3B February 13, 2007 Page 161 D{ 203 STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT MICHAEL DERUNTZ, CFM PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE EAC Meeting Page 9 of 9 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT Agenda i'.em v :anti 13. 2007 Page 162 of 200 DATE DATE STEVEN D. GRIFFIN DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION d r-- M O J — co a) ZDLL Q axae of - /" VI/ 0a O O IL ¢ O O 44Y 33 '�� tgtg OtlW3R108 tl3f(g0 WE'!f7 OtlVh;ViOO 108700 � a =� sa g ~� N W ��� F� ZO n M/a oot G(loo —'N'0) ONVAMnoe tlarrim (loo —•N'o) CWVA31M Wn'= mga�tx g �' W. Ia 1 ^ jig 5 88 Qoay F gg ^ � Fl� q� raun7ma 8 s�tv awnarloe ,yam �� � CWVABIrX YtlWtlWn Y1NVY q@ Rig 8� owulmw A1t8100 r g i i Ell 5 M CL CLI � 0 d a LL axae of - Q L V7 7 L O N CL O Q U O J Z O H O Z� O 0a O O IL ¢ O O 44Y 33 '�� tgtg OtlW3R108 tl3f(g0 WE'!f7 OtlVh;ViOO 108700 =� sa g ~� N W ��� F� mga�tx g �' W. Ia 1 ^ jig 5 88 Qoay F gg ^ � Fl� q� raun7ma 8 s�tv awnarloe ,yam �� � CWVABIrX YtlWtlWn Y1NVY Rig 8� owulmw A1t8100 Q L V7 7 L O N CL O Q U O J Z O H 'a Item N10. 3E3 Febf-,ary 13, 2,X)7 Page 154 of 203 VM pun— | "uo ��� Agenda Item No. 8B February 13.2OO7 Page 1G5nY2O3 `» � � SUBJECT PROPERTY CPU t,-jenula item !`Jo. 8�B iruary '10 2007 Page 166 of 203 Ao%V.7. clw � (-mrw Agenda Item No. 8B February 13, 2007 Page 167 of 203 December 08, 2005 Mr. Michael DeRuntz Mia Email Community Development and Environmental Services 2800 N. Horseshoe Dr. Naples, FL 34104 SUBJECT: Alligator Alley HM File No. 2002.012 Dear Mike; Attached are revisions to the Alligator CPUD document. These revisions consist of our Affordable Housing commitment of $.50 per S.F. The only change to this language in section 8.1, as discussed at the Planning Commission, is that our client is opting to pay this impact fee for 124,400 S.F. of gross leasable floor area and not 34,000 S.F. This provision would not affect existing uses or square footage. Our client has Certificates of Adequate Public Facilities with regard to the payrnent of Affordable Housing Impact Fees. The second revision is to section 7.2 R of the CPUD that places litigation on Certificates of Occupancy for permitted uses until Davis Blvd. is substantially completed in a six -lane road condition for development. The property owner does not have Certificates of Adequate Public Facilities as of the date of adoption of this ordinance. Thank you for your consideration in this matter. Sincerely, Robert L. Duane, A.I.C.P. Planning Director RLDlacd cc: Bruce Anderson David Gustafson G:\DeRuntz\AR -6417 I -75 Allegator Alley\PUD Document \Revised PUD Cover Letter 12- 8- 05.doc IRM HOLE MONTES INGINEERS - PLANNERS SURVEYORS 95D Encore Way -P.O. Box 111629 - Naples, Florida 34108 - Pisone. 239.254.2000 -Fax: 239.254.2098 December 7, 2006 Mr. Michael J. DeRuntz Collier County Government Community Development Services 2800 North Horseshoe Drive Nap] es, Florida 34104 RE; 1 -75 /Alligator Alley Project Number: 19990293, PUDZ -A -A i -6417 HM rile No. 2002.012 Dear Mr, DeRuntz: - e_)rjary 13. 2D07 �a,aa 33 o` 203 I still need the attachments to the supplemental staff report that you prepared for Alligator Alley, including the PUD document. You referred to an older September 8, 2006 letter as an attaclmnent to the staff report outlining changes. There was, however, a follow -up letter (dated November 3, 2006) that outlined additional changes, i.e. putting the phasing stipulation back into the transportation connnitments of the PUD amongst other considerations. This more recent document could have been included with your report as well. I am attaching it here for your review and consideration. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. Sincerely, HOLE MONTES, INC. �6 Robert L. Duane, AICP Planning Director Attachments Letter to Michael DeRuntz, dated November 3, 2006 RLD/ /acd cc: David Gustafson, Benderson Development nDi uce ruiuc___u, Es_l.u_u. v - R EC E I V t 11 HM File DEC.1 1 2006 1-1:\2002 '2002012 \WP\RLD\1k1D 061207 need attach - itr.(1).ad.doc ZONING DEPARTMENT Naples • Fort Myers • Venice - Englewood Agenda Item No. 8B February 13; 2007 Page 109 of 203 November 3, 2006 Mr. Michael J. DeRuntz Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: 1-75/Alligator Alley Project Number: 19990293, PUDZ -A -AR -6417 HM File No. 2002.012 Dear Mr. DeRuntz: Per our discussion I am providing you revisions to the Alligator Alley CPUD. We have agreed that you and I will work together to shore up the document, and I am providing you an electronic version per your request that also includes the correspondence. 1.) The following changes have been incorporated into The Statement of Compliance that was previously approved by the Growth Management Department and is contained in Section I of the PUD per your request. 2.) The phasing stipulation has been reinstated in Section 5.2H of the transportation cone niturients and a reference has been added to this provision that CO's can be issued for this project if improvements are not completed by January 1, 2009. 3.) Former Sections 4.1 (A - H), now Sections 5.1 (A - H), have been deleted from the document as they are redundant. 4.) Former Section 4.2 E, now Section 5.2E, has been retained as requested. 5.) Former Section 4.2.F, now Section 5,2.G has been updated to provide the words stored and treated and additional verbiage has been added to this section that the conveyance of stormwater from Collier Boulevard into the subject property's water management system will be at the County's expense if FDOT does not have a need to store and treat water management for the widening of Davis Blvd, 6.) Section 5.1. I has been added to the PUD so that additional interconnections or existing interconnections can be modified or added for an additional off -ramp off of I -75 should it be constructed at a later date. 7.) A meeting has been held with Nick Casalanguida to discuss the DCA Agreement. C`'Documents and Settings \deruntZmicilael \Local SeWnas\Temporary Internet Piles \01.K7S \MD 061 l03 transresub -hr (4).doc Page 2 November 3, 2006 Mr. Michael DeRuntz Alligator Alley PUDZ -A AR -6417 HM File No. 2002.012 Auanda !tem rya. 8B ebruary 13.. 2'x07 GAB 170 �f -03 8.) The number of square feet of gross leasable area has been added to the CPUD Master Plan, i.e., 265,000 S.F. of gross leasable area. If you have any questions, please feel free to contact me. Thank you. Sincerely, HOLE MONTES, INC. U D"41c %( Robert L. Duane, AICP Planning Director RLD /acd Attachments (x) 24 x 36 CPUD Master Plan (x) Revised CPUD Document (x ) Supplemental Impact Study cc: David C7ustafson, Benderson Development Bruce Anderson, Roetzel & Andress CADocuments and ScttingslderuntzmichaeRLocal 5ettingATcmporary [ntcrnct FiIcs101,MEW D 061 103 trr<nsresub -fir (4),doc Agenda Item No. 83 1:7ebrUaryr 13, 2007 sqrA Page 17", of 203 HOLE MONTES ENGINEERS- PLANNERS, SURVEYORS LANDSCAPE ARCHITECTURE 950 Encore Way - Naples, Florida 34110 • Phone: 239.254.2000 - Fax: 239.254.2099 September 8, 2006 Mr, Michael J. DeRuntz PUDZ- A- 2004 -AR -6417 Collier County Govermnent PROJECT #19990293 Connnunity Development Services DATE: 9115/06 2800 North I-T.orseshoe Drive MIKE DERUNTZ Naples, Florida 34104 RE: I -75 /Alligator Alley Project Number: 19990293, PUDZ -A -AR -6417 I1M File No. 2002.012 Dear Mr. DeRuntz: Attached is a resubmittal of the 1 -75 /Alligator Alley CPUD, including a revised CPUD ordinance placed in the form of the new draft model PUD ordinance. Sixteen copies of the revised CPUD document are attached including a plan -set previously provided. Also attached is a traffic study that addresses area wide impacts of the subject properties and others on Davis, Boulevard and C.R. 951. Based on a review of the transcript for the January CCPC meeting, many of the following changes have been made at their behest, but the maximum amount of gross leasable area remains at 265,000 as originally proposed, For your convenience I am attaching a copy of the prior CPUD. Also, it is our desire to schedule the petition . with the Developer Contribution Agreement that property owners in the general area have participated to address long term traffic problems that will go to the BCC this fall. I will coordinate dates with you. 1. Lithe preserve area requirements, Section 4.1.H of the revised CPUD, the typographical error pertaining to the perimeter fence has been corrected, 2. Gasoline service stations have been deleted from the list of permitted uses in Section 3A.A of the CPUD and changed from a principle to an accessory use. The language pertaining to the hotel density in Section 3,6.A, Table 145, has been clarified under Commercial Development Standards. 4. The maximum height in Section 3.6.A, Table 1 - 47, Development Standards has been clarified to allow a maximum height of fifty (50) feet, deleting reference to five stories. In Section 3.4.A, Table 1, Development Standards SIC codes have been added. 6. Language has been added to Section 3.6.E, architectural guidelines, Development Standards that states the anchor tenant shall be required to have a primary facade on the north, south, and east sides of the building. RECEIVED ,111 I1A2002120020121WP \RLD'\[D 060968 filial rev TTS.iransresub- ltc. {g)doc.doc Naples - Furl Myers - Ve ^ice Page 2 September 8, 2006 Mr. Michael DeRuntz Alligator Alley PUDZ -A AR -6417 HM File No. 2002.012 4genda !,ern No. aB Fe ,ruary 13 2CjU7 P'aae 1 -12 o` 203 7, Former Section 7.2.E, Transportation Requirements of the CPUD has been deleted as it pertained to sidewalks. That is Section 4.2.E of the revised CPUD. 8. A deviation has been added to Exhibit "C" requesting a deviation to the required 25 foot buffer along Davis Blvd. to recob rize the existing condition that the Taco Bell and McDonald's sites were previously approved and developed with a ten foot buffer. This is a deviation to Section 4.02 23D19 of the LDC. This provision was previously contained in Section 2.7 of the prior CPTJD ordinance but is now Deviation #3, Exhibit C. 9. Auto repair and car-washes have now been designated as accessory uses only. See Section 3.4.A, Permitted Uses. 10. The phasing requirement struck through as Section 7.2.R has been deleted as the phasing of this and other properties will be addressed in a DCA Agreement for the general area that will be adopted by the BCC the same time as the rezoning petition is scheduled for this CPUD before the BCC. 11. Several boilerplate provisions of the transportation commitments have been struck through as they appear not to be applicable to FDOT right -of -way, If you have any questions, please feel free to contact me. Thank you. Sincerely, HOLE MONIES, INC. Robert L. Duane, A1CP Planning Director Attachments ( ) 24 x 36 CPUD Master Plan ( ) Revised CPUD Documeril RLD /rnmrn /acd cc,. David Gustafson, Benderson Development Bruce, Anderson, Esquire HA2002 \2002072 \wP\R1,D\MD 06090?, final rev T7S.transresuh- ltr.(8)doc.doc Agenda Item No. 8B February 13, 2007 Page 173 of 203 DEVELOPER CONTRIBUTION AGREEMENT DAVIS BOULEVARD PROJECTS THIS AGREEMENT ( "Agreement ") is made and entered into this day of 2006, by and between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; WR -1 Associates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; ( "collectively referred to as Benderson ") and DAVIS CROSSING, LLC; DAVIS CROSSING Il, LLC; DAVIS CROSSING III, LLC; DAVIS CROSSING IV, LLC; DAVIS CROSSING V, LLC; DAVIS CROSSING VI, LLC; DAVIS CROSSING VII, LLC; DAVIS CROSSING VIII, LLC, all of which are Florida limited liability companies, whose address is 8441 Cooper Creek Blvd., University Park, Florida 34201, ( "collectively referred to as "Davis Crossings ") (Benderson and Davis Crossings shall hereinafter collectively be referred to as "Developers "), and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Benderson is the owner of certain undeveloped lands laying adjacent to Davis Boulevard /State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD ") more specifically I -75 /Alligator Alley PUD proposed to be amended by Petition No. PUDZ- 2004 -AR -6417 and its related pending Site Development Plan Application No. SDP -AR -4171. (Legal description and sketch of lands in this PUD which are owned by Benderson are attached and incorporated herein as Exhibit "A "); and WHEREAS, Davis Crossings is the owner of certain undeveloped lands laying adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD ") more specifically I -75 /Collier Boulevard Commercial Center PUD and pending Site Development Plan Application No. SDP —AR -4468, Davis Crossings, as amended by pending Application No. SDPA -AR -9753, Davis Crossings (Legal description of lands in this PUD which are owned by Davis Crossings are attached and incorporated herein as Exhibit `B "); (the I -75 /Alligator Alley PUD and the I -75 /Collier Boulevard Commercial Center PUD shall be collectively referred to herein as "Developments ") and WHEREAS, Davis Crossings has made certain donations, at no cost to County, including, but not limited to a fifty (50) foot wide right -of -way along southern boundary of Davis Boulevard as more particularly described and depicted on Exhibit "C" (hereinafter referred to as the "Right -of -Way Property"): and WHEREAS, in connection with widening Davis Boulevard to six lanes Benderson estimates that it can accept within the I -75 /Alligator Alley PUD stormwater management system .. stormwater runoff from Davis Boulevard for approximately 1.0 acre of proposed road right -of- way, (the "Davis Boulevard Drainage "); and Page 1 of 9 %a4eri~a Item No. �3 February 3. 2i C 7 Pace 174 of 2C3 WHEREAS, Developers have previously paid impact fees and received Certificates of Adequate Public Facilities for the Developments; and WHEREAS, this Agreement is structured to ensure that adequate public facilities are available to serve the Developments concurrent with when the impacts of the Developments occur on the public facilities, and WHEREAS, this Agreement shall become effective upon approval by the County and Developer, however, the obligation of Developers in Paragraph 2 and 4 below for water management and right -of -way shall not become effective until: (i) approval of PUDZ -A -AR- 6417 and the expiration of all applicable appeal periods to challenge the approval with no appeal or other challenge having been filed, or if an appeal or challenge is filed, then thirty -five (35) days after entry of unappealed court order upholding the approval; and (ii) approvals of SDP - AR -4468, SDPA -AR -9753, a PUD Extension for the I -75 /Collier Boulevard Commercial Center PUD if an extension becomes required, and SDP AR -4171 and the expiration of all applicable appeal periods to challenge the approvals with no appeal or other challenge having been filed, or if an appeal or challenge is filed, then thirty -five (35) days after entry of unappealed court order upholding the SDP approvals; and WHEREAS, the parties have agreed to certain other terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. ZD WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Subject to applicable Federal, State and local governmental approvals, Benderson will provide County storm water management outfall within the I -75 /Alligator Alley PUD for the Davis Boulevard Drainage. The Alligator Alley storm water management system (the "System ") shall be designed to treat surface water to specified water quality standards pursuant to all governmental permits and approvals for the I -75 /Alligator Alley PUD. The County agrees, subject to Florida Statutes Section 768.28, that any surface water entering the System from the Davis Boulevard Drainage will be capable of treatment to the specified water quality standards pursuant to all governmental permits and approvals for the Development without modification(s) to the System, and that surface water discharged into the System will comply with the requirements of the County -wide National Pollution Control Discharge Elimination System Permit (and any successor permit applicable thereto), if applicable. The maximum volume of Page 2 of 9 Agenda Item No. 8B February 13, 2007 Page 175 of 203 water that will be accepted into the System from the Davis Boulevard Drainage is limited to the amount required to drain one acre of the proposed Davis Boulevard right -of -way. 3. Both County and Developers acknowledge and agree that the contributions previously made and to be made by Developers for the benefit of the public, pursuant to the terms of this Agreement, specifically, a (i) fifty (50) foot wide right -of -way along Davis Boulevard as more particularly described and depicted on Exhibit "C"; and (ii) providing stormwater facilities within the Development to accept the Davis Boulevard Drainage right -of- way, have a combined fair market value of One Million Fifty -Eight Thousand Nine Hundred Thirty Dollars ($1,058,930.00). No impact fee credits or purchase price is to be paid to Developers for these contributions. 4. Davis Crossings shall reserve for future conveyance to County right -of -way for the expansion of Davis Boulevard in the approximate location shown in the attached Exhibit "D" behind the "Existing Mobil Station" as labeled on Exhibit "D ". The County shall pay Davis Crossings by certified check for the fair market value of the land ultimately conveyed pursuant to this reservation, which conveyance may be in the form of a grant of easement at Davis Crossings' discretion. The fair market value of the land so conveyed shall be determined by multiplying the square footage of the land conveyed times the present assessed value of the land which is Fifteen and 72/100 Dollars ($15.72) per square foot. County shall be responsible for all permitting and to replace and /or relocate at its sole cost and expense for all water management and any related mitigation, landscaping and parking, including obtaining County approvals for variances and/or deviations so that no part of the Davis Crossings Development is in violation of any law or is made non - conforming in any respect as a result of the County's use or title to or easement on the conveyed land. 5. It is anticipated that the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD will at build -out respectively contain approximately 265,000 gross leaseable square feet of retail/office commercial space and 147,000 gross leaseable square feet of retail /office commercial space. At this time, Developers are seeking to obtain Certificates of Adequate Public Facilities ( "Certificates ") for road or transportation (herein after referred to as "road ", potable water, and sanitary sewer "Category A" facilities (the "Public Facilities ") vesting for concurrency in perpetuity for roads and for five (5) years for potable water and sanitary sewer the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD to construct respectively 265,0000 and 147,000 gross leaseable square feet of retail /office commercial space. This Agreement insures that adequate potable water and sanitary sewer public facilities will serve the Developments and that the County's Transportation Concurrency requirements have been met. The Developments fulfill the standards for the road, potable water and sanitary sewer public facility components pursuant to Section 10.02.07 of the Collier County Land Development Code, and the County represents that the required Public Facilities necessary to adequately service the Developments will be in place or under construction at the time a final site development plan, final subdivision plat or building permit is issued. On or before thirty (30) days of the effective date of this Agreement, Developers shall: (i) elect to convert all impact fees previously paid in escrow, except water and sewer, to the transportation impact fee trust fund pursuant to Section 10.02.07C of the Collier County Land Development Code and pay the County one - hundred percent (100 %) of the estimated transportation impact fees due for 412,000 gross leaseable square feet of the authorized commercial uses for I -7IZ Alligator Ailey PUD and Page 3 of 9 Agerida ifem No. 8B =en °zany 13. 20 0 ; P asci e 17 6 -{ 203 I -75 Collier Boulevard Commercial Center PUD based upon the applicable transportation impact fee rates; and (ii) release to the County fees previously paid into the impact fee escrow trust fund for the Developments by conversion and release of estimated potable water and sanitary sewer impact fees due for the Developments. Upon payment by conversion and release of these previously escrowed estimated impact fees, County shall issue Certificates: (i) vesting in perpetuity with no- expiration date the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD for transportation concurrency respectively for 265,000 (no Certificates of Occupancy for the final 135,000 of 1 -75 Alligator Alley shall be issued until widening of Davis Boulevard is substantially completed in front of the PUD or January 1, 2009, whichever occurs first) and 147,000 gross leaseable square feet of the authorized commercial uses; and (ii) vesting until January 7, 2012 pursuant to Section 10.02.07 of the LDC, the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD for potable water and sanitary sewer public facilities necessary to adequately service 265,000 and 147,000 (respectively) of gross leasable square feet of the authorized commercial uses. Payment of these fees vests the development entitlements for which the Certificates applied on a perpetual basis for roads and for five years for potable water and sanitary sewer. Final calculation of any remaining road and other impact fees will be based on the impact fee scheduled in effect at the time the building permit(s) are applied for. If Developers have prepaid estimated road or water or sewer impact fees in excess of the final calculations of the amount due, Developer may apply the excess amount to any other impact fees due for the Developments. 6. All on -site and off site transportation related impacts related to the 1 -75 /Alligator Alley PUD and 1 -75 Collier Boulevard Commercial Center PUD have been fully mitigated by Developers' contributions and impact fee payments to the County. Further, the requirements of the Transportation Element and all other provisions of the County Growth Management Plan have been met and satisfied for the Developments. The County will not withhold or delay the issuance of any development orders, building permits and /or certificates of occupancy in connection with the Developments, based on any state or local requirements related to road, water and sewer concurrency. 7. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 8. Developers acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 9. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. Page 4 of 9 Agenda Item No. 83 February 13, 2007 Page 177 of 203 10. Developers shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developers shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developers upon request. 11. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. [SIGNATURE PAGE TO FOLLOW] Page 5 of 9 .i2f7�a r-ebrL�ary ni Para e " 178 Of 2C:3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Frank Halas, Chairman David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust The foregoing instrument was acknowledged before me this , day of 2006 by David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 6 of 9 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Aaenda Item tvo. 8B rebruary 13, 2007 Page 17�- of 203 WR -I ASSOCIATES, LTD. By: BG The Village, LLC, General Partner David H. Baldauf, as Manager The foregoing instrument was acknowledged before me this , day of , 2006 by David H. Baldauf, as Manager of BG the Village, LLC, General Partner of WR -I ASSOCIATES, LTD., who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 7 of 9 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE 'ger G li it !tJo. �P FE,tbruary 13. 2Ci07 r DAVIS CROSSING, LLC DAVIS CROSSING II, LLC DAVIS CROSSING III, LLC DAVIS CROSSING IV, LLC DAVIS CROSSING V, LLC DAVIS CROSSING VI, LLC DAVIS CROSSING VII, LLC DAVIS CROSSING VIII, LLC David H. Baldauf, Manager The foregoing instrument was acknowledged before me this day of 2006 by David H. Baldauf, as Manager of DAVIS CROSSING, LLC; DAVIS CROSSING II, LLC; DAVIS CROSSING III, LLC; DAVIS CROSSING IV, LLC; DAVIS CROSSING V, LLC; DAVIS CROSSING VI, LLC; DAVIS CROSSING VII, LLC; DAVIS CROSSING VIII, LLC, who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 8 of 9 Agenda liem No. 8B ebruary 13, 2007 Page 181 of 203 SCHEDULE OF EXHIBITS EXHIBIT A - Map showing Benderson's Development. EXHIBIT B - Legal Description of Davis Crossings' Development. EXHIBIT C Sketch and Description of 50' Right -Of -Way previously conveyed by Davis Crossings. EXHIBIT D Sketch of Future Right -of -Way Reservation Area. 511093 v-03 ', 102255.0006 Page 9 of 9 L -75 /ALLIGATOR ALLEY CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT Prepared for: Randall Benderson 1993 -1 Trust and WR -I Associates, Ltd. Prepared by: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY AND NAPLES, FLORIDA 34110 239 - 254 -2000 Exhibit A Agenda !tern No. 813 February 13, 2007 Page 182 of 203 R. BRUCE ANDERSON, ESQ. ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE DRIVE TRIANON CENTER — 3RD FL. NAPLES, FLORIDA 34103 239 - 649 -2708 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments &Repeals TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES Agenda Item No. 8B February 13, 2007 Page 183 of 203 Page ii SECTION I - STATEMENT OF COMPLIANCE, PROPERTY 1 -1 SECTION II - OWNERSHIP, LEGAL DESCRIPTION, 2 -1 SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL SECTION III - PRESERVE SUBDISTRICT 3-1 SECTION IV - PERMITTED USES AND DIMENSIONAL 4 -1 STANDARDS FOR COMMERCIAL DEVELOPMENT SECTION V- DEVELOPMENT COMMITMENTS 5 -1 u Agenda Item No. 8B February 13, 2007 Page 184 of 203 LIST OF EXHIBITS AND TABLES EXHIBIT "A" CPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC R.gemda Item No. 85 February 13, 2007 Page 188 of 203 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to set forth the intent of the I -75 and Alligator Alley Development Corporation, Inc., on 40.8 acres of land located in a part of Section 34, Township 49 South, Range 26 East, Collier County, Florida. The name of this project shall be the "I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) ". The development of the CPUD will be in compliance with the Planning Goals and Objectives of Collier County as set forth in the Growth Management Plan for the following reasons: l . The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial activities. 3. The subject tract is located at the intersection of Davis Blvd. (State Road 84), County Road 951, and I -75, which affords the site access for the placement of commercial activities. 4. The project shall be compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. The proposed project is compatible with and complimentary to existing and surrounding future land uses as required by Policy 5.4 of the Future Land Use Element. Adjacent property to the west is zoned for the East Gateway PUD, a non - residential PUD, and the adjacent land to the East is Zoned C -4. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 8. The proposed development will result in an extension of Community facilities and services as required by Objective 2 and Policy 5.3 of the Future Land Use Element. 9. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 1 -1 10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of .�e�da item (tio. sB February '3. 2067 P age 18 iE, 'of 203 Interchange #9 or 347.875 acres to be developed with commercial uses. At the time of this application for rezoning, 8.35 acres is available for future retail commercial development in Interchange Activity Center #9. Therefore, the proposed CPUD can be found consistent with this provision of the FLUE. 11. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Section 6.02.01 of the Land Development Code* (LDC) and further required by policy 2.3 of the FLUE. 12. Development of the I -75 Alligator Alley CRUD will be consistent with the Activity Center #9 Interchange Master Plan. 1 -2 Agenda item No. 8B February 13. 2007 Page 187 of 203 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The undeveloped portion of the subject property is currently owned by: Ronald Benderson and David H. Baldauf as Trustees under a trust agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd. The motel is owned by LaQuinta Properties, Inc. One fast food restaurant is owned by McDonald's Corp., and the Taco Bell restaurant is owned by Tromble and Company at the time of the Application for rezoning. 2.2 LEGAL DESCRIPTION The legal description is set forth as Exhibit `B ". 2.3 SHORT TITLE The name of this project shall be known and cited as the "I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) ". 2.4 PROJECT DEVELOPMENT — The property is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by I -75 to the north. The subject property is also located in the southwest quadrant of 1 -75, Exit 15 Interchange and further located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 29.4 acres more or less proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. Access to the property is provided from two access points onto Davis Boulevard. Access is also proposed to be shared with the non - residential East Naples Gateway PUD, located to the east of the subject property. A maximum of 265,000 square feet. of gross leasable space shall be permitted by this CPUD. 2.5 STATEMENT OF UNIFIED CONTROL — This statement represents that the current property owners, Ronald Benderson and David H. Baldauf as Trustees under a trust agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd have undeveloped portions of the CPUD under unified control for the purpose of obtaining CPUD zoning on the subject property with the exception of the existing motel and two existing fast food restaurants no longer under the ownership of this applicant for CPUD rezoning. The rezoning will not affect the existing development. 2 -1 SECTION III PRESERVE SUBDISTRICT 3.1 PURPOSE = e-ruary ?`i. 2007 �a e1 30."2'3 The purpose of this Section is to identify development standards for the preserve areas as shown on Exhibit "A ", CPUD Master Plan. 3.2 PERMITTED USES The CPUD Master Plan provides for 11.4 acres for Water Management /Preserve Area, measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. However, the Preserve Area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Uses and Structures 1. Passive recreation areas. 2. Water management and water management structures. 3. Mitigation areas. 4. Boardwalks and trails that do not reduce the amount of required vegetation to be preserved. 3 -1 4.1 4.2 4.3 HE Agenda Item No. 0B February 13, 2007 Page 139, of 203 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT Purpose: The purpose of this Section is to delineate the development regulations that accompany the conceptual Master Plan depicted in Exhibit "A ". Maximum Development Intensity: The maximum development intensity allowed shall be two hundred and sixty -five thousand (265,000) square feet of gross leasable area of office or retail uses excluding the existing motel approved for 107 units, or any future motels. The motel is a 2.14 -acre parcel that utilized 2.01 acres of the Preserve Area to achieve the permitted number of dwelling units at the time the site plan was approved, and both these areas are depicted on the Master Plan. General Description of the CPUD Master Plan: Type of Use Amount of Acres Preserve /Water Management ± 11.4 acres Commercial Area ± 29.4 acres Right -of -Way f 2.9 acres ** Other, Buffer Areas and Open Space ± 8.7 acres ** TOTAL: 40.80 acres * contains 6.12 acres of preserve /water management area to be re- vegetated ** contained within the commercial area Uses Permitted: A. No building or structure, or point thereof, shall be erected, altered or used, in whole or in part other than the following: 4 -1 r.oenda if=am Niio. 3.3 u;?ua-v 13, 2001 -7 Page 190 of ,33 Principal Permitted Uses (Listed by SIC): DIVISION A AGRICULTURE Groups 0742, 0752 Veterinarian services, exclusive of outside kenneling DIVISION D MANUFACTURING Group 752 Commercial Printing, exclusive of news a ers DIVISION E TRANSPORTATION, COMMUNICATIONS, ELECTRIC, GAS and SANITARY SEWERS Group 4225 General Warehouses and Storage, including mini warehouses Major Group 53 (Shall not be permitted immediately adjacent to the right -of- Major Group 54 way of the Interstate.) Group 4311 Post Offices as permitted in the Zoned District -C2, exclusive Group 5541 of major distribution centers Group 4724 1 Travel Agents Groups 4812 -4841 1 Communications services, including towers subject to the LDC DIV1S1UN (J RETAIL Major Group 52 Building Materials, Hardware, Garden Supply, Excepting Mobile Home Dealers (527) Major Group 53 General Merchandise Stores Major Group 54 Food Stores Group 5531 Auto and Home Supply Stores Group 5541 Gasoline Service Stations Accessory Use only Group 5571 Motorcycle Dealers Major Group 56 Apparel and Accessory Stores Major Group 57 Home Furniture. Furnishings, and Equipment Stores Major Group 58 Eating and Drinking Places, subject to location requirements for sale of alcoholic beverages of the LDC Major Group 59 Miscellaneous Retail, Exce tins Fuel Dealers (598) DIVISION H FINANCE, INSURANCE and REAL ESTATE Major Group 60 Depository Institutions including drive - through banking facilities Major Group 61 Non - depository Credit Institutions Major Group 62 Security and Commodity Brokers, Dealers, Exchange and Services Major Group 63 Insurance Carriers Major Group 64 insurance Agents, Brokers and Service Major Group 65 Real Estate DIVISION I SERVICES Group 7011 Hotels and Motels Major Group 72 Personal Services, Excepting Funeral Service and Crematories (7261) Major Group 73 Business Services, Excepting Outdoor Advertising Services Major Group 75 Auto Repair including carwashes Accessory Uses only Major Group 76 Miscellaneous Repair Services Group 7841 Video rental Group 7991 Physical Fitness Facilities Groups 801, 802, 803 1 Medical Practitioners' Offices Agenda Item fro. 8B Febrcary 13, 2007 Page 191 of 203 and 804 Group 8111 Legal services Group 871 Engineering, Architectural and Surveying Services Groups 8711 -8748 Professional consulting services Group 872 Accounting, Auditing and Bookkeeping Services Group 874 Management and Public Relations Services B. Outside storage and display shall not be permitted, with the exception that garden centers with covered storage of materials and products shall be permitted. C. Any other permitted uses which are comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. 4.5 General Permitted Uses: Certain uses shall be considered general permitted uses throughout the I -75 Alligator Alley CPUD except in the preserve areas. General permitted uses are those uses which generally serve the development and end users of the I -75 Alligator Alley project and are typically part of the common infrastructure or are considered community facilities. 1. Essential services as set forth in the LDC. 2. Water management, water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 5. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in this CPUD Ordinance. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this CPUD, as determined by the Board of Zoning Appeals. 4.6 Development Standards: A. Principal Structure Standards: Table 1 below sets forth the development standards for land uses within this CPUD. Standards not specifically set forth herein shall be those specified in additional sections of the LDC in effect as of the date of the approval of the site development plan or subdivision plat. 4 -3 TABLE 1 - COMMERCIAL DEVELOPMENT STANDARDS Apenda item 1`10. 8B fail "UarV 13 2 007 Page I Front yard setback twenty five (25) feet 2 Side yard fifteen (15) feet or one -half the building height, whichever is greater setback Minimum 3 distance between same as side yard requirements structures 4 Rear yard One -half the building height as measured from an exterior wall. setback The maximum density allowed for the existing motel on Lot 6, Plat of 951 Commerce 5 Motel Density Center, Plat Book 17, Pages 1 and 2 is 26 units per acre based on it's prior SDP approval And intensity that utilized 2.01 acres depicted on the CPUD Master Plan to achieve its allowable density. For all unimproved lots the maximum floor area ratio shall be .60. Minimum floor 6 area, all commercial One thousand (1000) square feet uses 7 Maximum Not to exceed fifty (50) feet height 8 Minimum lot size Ten thousand (10,000) square feet 9 Setback from Preserve Areas Twenty five (25) feet for principal structures and ten (10) feet for accessory structures 10 Minimum Lot One hundred (100) feet Width Should industrial uses develop within this CPUD and are visible from I -75, an eight -foot Industrial Uses masonry wall shall be provided along 1 -75. See Section 3.4 for permitted Industrial 11 Use. 4 -4 Agenda Item No. 38 February 13.. 2007 Page 193 of 203 B. Accessory Structures: TABLE 2 - ACCESSORY STRUCTURES FRONT 20° SIDE 15' REAR 15' PRESERVE SETBACK 10' DISTANCE FROM PRINCIPAL STRUCTURE 1/2 B.H. MAX. STORIES /BLDG HT. NOT TO EXCEED 2 STORIES or 25 feet BH: Building Height GENERAL: Except as provided for herein, all criteria set forth 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. C. Landscaping All landscaping shall be in accordance with the requirements of the LDC. Perimeter buffering shall be provided in accordance with the LDC. The CPUD is not subject to the requirements of Section 4.06.02.D5a of the LDC in order to allow configuration of water management areas including retention areas for all development, to allow the edge of the water body to be shown as depicted on the CPUD Master Plan. The required trees within the 25 -foot buffer shall be installed on the I -75 and CR -951 side of the berm. The existing berm will remain in its present location and will be repaired (placement of additional fill) to bring the top to the proper elevation prior to landscaping. Curvilinear plantings along the edges of those areas comprised of shrubs and grasses, which will be varied in width to give a natural appearance, shall be incorporated within the two water management pretreatment areas, as depicted on the CPUD Master Plan. The CPUD shall also meet the applicable 4 -5 ,A' 74 -_nda item No. 85 r=abruary 13, 2007 Page 194 of 203 requirements of Section 4.02.23 of the LDC pertaining to the Activity Center #9 Zoning Overlay District. The requirement for a 25 -foot Type D buffer along Davis Boulevard shall only be applicable to vacant lots west of the Taco Bell site. The existing ten -foot buffer in front of the Taco Bell and McDonalds sites shall remain as originally approved. (See also Deviation #3, Exhibit C) D. Common .Area Maintenance: Common area maintenance, including the maintenance of common facilities, open spaces and water management facilities shall be the responsibility of the property- owners' association established by the developer. E. Architectural Guidelines: All commercial development shall meet the requirements of Section 5.05.08 of the LDC including the requirements of the LDC pertaining to the Activity Center #9 Overlay District and shall be in conformance with the Interchange Master Plan for Activity Center #9. The principal buildings shall be required to have three primary facades to the north, south, and east. 4 -6 SECTION V Agenda Item Nio. 8B February 13, 2007 Page 195 of 203 DEVELOPMENT COMMITMENTS 5.1 Environmental Standards A. A 6.12 -acre preserve area depicted on the CPUD Master Plan shall be re- vegetated in accordance with the requirements of the LDC. B. A fence shall be installed along the perimeter of the preserve area depicted on the CPUD Master Plan in accordance with Collier County requirements until such time as the vegetation has matured. C. A Preserve Area Management Plan shall be provided to the Environmental Services Department for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. D. 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. E. All conservation areas shall be designated as tracts /easements with protective covenants. If the property is platted, easements shall be dedicated on the plat to the property- owners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. Berms and swales shall not be located within preserve area boundaries. 5.2 Transportation Requirements A. Site - related improvements (as opposed to system - 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 certificate of occupancy (CO). B. 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 the County shall have no responsibility for maintenance of any such facilities. C. If, in the sole opinion of the County Transportation Division 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 the County before the issuance of the first CO. 5 -1 D. The adjacent development to the west has have been designed to provide shared access or interconnections with this development. The CPUD Master Plan indicates this location. The developer, or assigns, shall assure that any such shared access or ataer7�a item No. S 3 re "r arj i3. Z)107 Page 96 of 203 interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. E. A directional median opening shall be constructed onto Joyrose Place in accordance with FDOT Standards at such time as improvements are made to Davis Blvd. that are anticipated to be made by the end of 2009. The left hand turn lane for this directional median will be approximately 390 feet in length. F. The directional median opening constructed on Joyrose Place may be temporary and subject to change or removal by FDOT at the time the Davis Boulevard widening project or future development commences. G. This CPUD shall retain water management storage and treatment for one acre of right -of -way for the six laning of Davis Boulevard. In the alternate an equivalent amount of water can be stored and treated within the water management system for the widening of Collier Boulevard if the FDOT does not have an interest in one acre of storage area for the widening of Davis Boulevard, and the County constructs at its expense the drainage conveyance system to connect to the PUDs water management system. H. This project shall be subject to the East Central TCMA requirements, which include a selection of four transportation demand management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement shall only be applicable for development that has not received a certificate of public facility adequacy. As of the date of the adoption of this ordinance, certificates had been issued for 145,000 square feet of unbuilt retail development. I. There shall be no issuance of COs for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition, unless certificates of public facility adequacy have been issued prior to the adoption of this ordinance. J. Additional interconnections or existing interconnections can be modified or added for an additional off -ramp off of I -75 should it be constructed at a later date. 5.3 Utility Requirements A. The CPUD is currently serviced by an 8 inch water main, as well as a 12 inch force main, both on Bedzel Circle. 5 -2 B. The developer shall contribute easements of an approximate size of 40 feet by 40 feet for two well fields at the time of the final approval of the subdivision plat or site development plan approval. The first well field is located in the northwestern most corner of the CPUD and the second well field is located about 200 feet northwest of the proposed restaurant along the eastern edge of the development. All wastewater 5.4 Agenda Item No. 8B Februa, y 13, 2007 Pane 107 of 203 transmission facilities shall be set back 100 feet from these well field areas as required by FDEP. Engineering Requirements Subdivision of the site shall require re- platting in accordance with the LDC to define the right -of -way and tracts shown on the CPUD Master Plan. 5.5 Water Management Requirements A. The CPUD Master Plan provides for 11.4 acres for water management /preserve area measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. The preserve area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting. D. See also Section 5.2.G of the development commitments for transportation addressing provisions for acceptance of water from Davis Boulevard. 5.6 Affordable Housing Requirement: The developer shall make a payment of fifty cents ($.50) per gross leasable square foot to the Collier County Affordable Housing Fund at the time of SDP approval. This commitment and the subsequent payments shall be credited against any subsequently adopted affordable, work force, and /or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fee, and /or other similar tax or charge, which would otherwise be applicable to the CPUD property. Gross leasable square footage attributable to the project for which COs or certificates of public facility adequacy have been issued prior to the date of adoption of this ordinance shall not be subject to this requirement. 5.7 Land Use and Project Phasing: A. The CPUD Master Plan management areas, and depicted on Exhibit "A ", 5 -3 provides for areas of commercial use and, water retained vegetation areas and road rights -of -way as the CPUD Master Plan. The CPUD Master Plan is A ,P?r)da lien Wo. v -_bruary 1, 31, 2007 pG�;° i 9R Of 203 designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build -out of the project is approximately six (6) years from the time of issuance of the first building permit, or 2012. Actual build -out will depend on market conditions. 5 -4 Agenda Item No. 8B February 13, 2007 Page 199 of 1-03 EXHIBIT "A" CPUD MASTER PLAN A.-eri a Iiem No, 8 E, b ua-y i.�, ? 7 payee 2300. of 203 EXHIBIT "B" LEGAL DESCRIPTION A parcel of land located in the East lit of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run North 00°32'14" West along the East line of the Southeast quarter of the said Section 34 for a distance of 50.00 feet, thence run North 89 °46'14" West, parallel with the South line of the Southeast quarter of the said Section 34 and along the Northerly right -of -way line of State Road 84 (previously known as State Road 858) for a distance of 455.36 feet to the POINT OF BEGINNING of the parcel of land herein described; thence continue North 89 °46'14" West along the Northerly right -of -way line of State Road 84 for a distance of 863.63 feet; thence run North 00 °26'16" West for a distance of 2,071.97 feet to a point of intersection with the Southerly right -of -way line of State Road No. 93 (Interstate 75) as the same is shown on State of Florida Department of Transportation right -of -way map for Florida State Road No. 93 (I -75) Section 03175- 2409, Sheet 6; thence run South 63 °27'12" East along said right -of -way line for a distance of 146.86 feet; thence run South 52 °20'28" East along said right- of -way line for a distance of 536.53 feet; thence run South 45 °13'56" East along said right -of -way line for a distance of 645.39 feet; thence run South 23 °17'10" East along said right -of- way line for a distance of 332.81 feet; thence run South 02 °46'25" East along said right -of- way line for a distance of 630.50 feet; thence run South 11'15'19" East (South 11'12'43" East per F.D.O.T. Map) along said right -of -way line for a distance of 69.56 feet to a point located 275.00 feet North of: as measured at right angles to, the South line of the Southeast quarter of the said Section 34, and a point on the North line of that parcel of land described in O.R. Book 699 at Page 1723 of the Public Records of Collier County, Florida; thence run North 89 °46'14" West, parallel with the South line of the Southeast quarter of the said Section 34 for a distance of 157.32 FEET TO A POINT LOCATED 300.00 feet Westerly of, as measured at right angles to, the East LINE OF THE SOUTHEAST quarter of the said Section 34, and a point on the Easterly line of that parcel of land described in O.R. Book 588 at Page 1805 of the Public Records of Collier County, Florida; thence run North 00'32'14" West, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 124.87 feet to a point on a circular curve concave to the Southeast whose radius point bears South 12°00'29" East therefrom; thence run Southwesterly along the arc of said curve to the left, having a radius of 224.66 feet, through a central angle of 78 °31'45 ", subtended by a chord of 284.38 feet at a bearing of South 38 °43'39" West, for a distance of 307.92 feet to the end of said curve; thence run South 00 °32'14" East, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 102.63 feet to the beginning of a tangential circular curve, concave to the Northeast; thence run Southeasterly along the arc of said curve to the left, having a radius of 25.00 feet, through a central angle of 89'14'00", subtended by chord of 35.12 feet at a bearing of South 45 °09'14" East, for a distance of 38.94 feet to the POINT OF BEGINNING. Containing 40.79 acres, more or less. Aoenda Item No. bB February 13; 2007 Page 201 of 203 EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC A deviation is granted from the requirements of Section 4.06.02D. Standards, for retention and detention areas in buffer yards, referenced in Subsection of 4.06.02(D)5.a. of the LDC which states "The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges ", the referenced Standard is the re- vegetated areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre- treatment areas 2 A deviation is granted from Subsection 4.06.05 H of the LDC that requires the toe of the slope to be set back a minimum of five feet from the edge of the right -of- way or property line, to allow the toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Water Management District permit to be located on the property line. 3 A deviation is granted from the requirements of Subsection 4.02.23D1.a. of the LDC, Development in the Activity Center #9 Zoning District that requires a buffer 25 feet in width, (a Type "D" buffer) is only applicable to vacant lots west of the Taco Bell site. The existing ten -foot buffer in front of Taco Bell and McDonald's site shall remain ten 10 feet in width as originally approved and developed. 10 il- e�ruary 13, 2007 gage 202 of 2'L3 ORDINANCE NO. 07 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUTY FLORIDA, 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 AMENDING THE .APPROPRIATE ZONING .ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY FROM I -75 /ALLIGATOR ALLEY PLANNED UNIT DEVELOPMENT "PUD" TO 1- 75;'ALLIGATOR .ALLEY COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD ", TO REDUCE THE SIZE OF THE PRESERVE!W.ATER MANAGEMENT AREA FROM 15 ACRES CURRENTLY REQUIRED BY THE PUD TO 10.58 ACRES; TO DELETE RESIDENTIAL USES AS A PERMITTED USE; TO PROVIDE A NEW LIST OF COMMERCIAL USES COMPARABLE TO THOSE ALLOWED IN THE C -1 THROUGH C -4 COMMERCIAL DISTRICTS, WITH SIC CODES; MODIFY THE PUD MASTER PLAN TO DEPICT THE FOOTPRINTS OF EXISTING LAND USES AND CONCEPTUAL FOOTPRINTS FOR UNDEVELOPED TRACTS; TO MODIFY THE CIRCULATION SYSTEM; TO ESTABLISH A MAXIMUM NUMBER OF SQUARE FEET ALLOWED TO 265,000; TO RELOCATE THE EXISTING WESTERN ENTRANCE 50 FEET TO THE EAST; AND TO DELETE THE 50 FOOT PERIMETER SETBACK, FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN PROXIMITY TO THE INTERSECTION OF COLLIER BOULEVARD AND 1 -75, IN SECTION 314, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8 ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 89 -82, AS AMENDED, THE FORMER 1- 75'ALLIGATOR ALLEY PUD: AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole Montes, Inc., representing Ronald Benderson et a], Trustees, c/o David H. Baldauf at Benderson Dev. Co., Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ -A- 2004 -AR -6417. 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 described in Section 11 of the PUD Document, located in Section ,4, Township 49 South, Range 26 East, Collier County, Florida, is changed from 1-75/Alligator Alley PUD to 1- 75/Alligator Alley CPUD to reduce the size of the preserve/water management area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C -4 Commercial Districts, with SIC codes: modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for PUDZ- A- 04 -AR- 6417.1 74 ALHQATOR ALLEY CPUD Page I o4'2 Agenda Item No. 8B February 13. 2007 Page 203 of 203 undeveloped tracts; to modify the circulation system; to establish a maximum number of square feet allowed to 265,000; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback, described in Section 11 of the PUD 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, are hereby amended accordingly. SECTION TWO: Ordinance Number 89 -82, as amended, known as the I -75 /Alligator Alley PUD, adopted on November 29, 1989, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these regulations. SECTION THREE: 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA M Deputy Clerk Approved as to form and legal sufficiency Marjorie M. Student - Stirling Assistant County Attorney PJJDZ -A- 2004 -AR -6417- MJD asp JAMES COLETTA, CHAIRMAN PUD'Z- A -04 -AR -6417. 1 -74 ALEGATOR ALLEY (PUD Page 2 of 2 Agenda (tern No. 8C February 13, 2007 Page 1 of 72 EXECUTIVE SUMMARY Repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, titled: an ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated area of Collier County, by replacing Section 58 -26, pertaining to adopted standards and codes of the National Fire Code published by the National Fire Protection Association (NFPA), replacing Section 58 -27 pertaining to amendments to adopted fire codes, specifically NFPA 1, 2002 Edition replacing Section 58 -28, pertaining to amendments to the adopted Life Safety Code, specifically NFPA 101, 2002 Edition. OBJECTIVE: That the Board of County Commissioners (Board) approve the attached ordinance that repeals Ordinance 2002 -49, as amended by Ordinance 2005 -32, with the understanding that if deemed appropriate through public vetting of a replacement ordinance through the Development Services Advisory Committee (DSAC), and if approved by the appropriate state officials, the Collier County Fire Code Official will return to the Board with an amendment to the Ordinance as cited during the November 28, 2006 BCC meeting and referenced in the attached letter from County Manager Jim Mudd to Fire Commissioner Tom Cannon. CONSIDERATION: Prior to the State adopting the statewide Florida Fire Prevention Code, the Fire Code Official for Collier County deemed it necessary to provide for specific local regulatory requirements in the Collier County Fire Prevention and Protection Code and as such, created a local ordinance to establish local fire and life safety codes. That ordinance was codified as Chapter 58 in the Collier County Code of Laws and Ordinances. The provisions of the statewide Florida Fire Prevention Code allow for local governments to adopt local amendments by ordinance. Collier County placed these local codes in effect in 2002. The code was subsequently amended on June 28, 2005, Agenda Item 17D, as Ordinance 2005 -32 to comply with the fire codes mandated by the 2004 Florida Fire Prevention Code. A copy of Ordinance 2002 -49 and Ordinance 2005 -32 and the supporting executive summaries that proffered these amendments before the Board are attached as Attachments 1 through 4. On November 28, 2006 during the Board of County Commissioners (BCC) regular meeting, while discussing issues associated with agenda item 16E3, recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000, the Board directed staff to review, amend and update, as required, Ordinance 2002 -49, as amended by Ordinance 2005 -32. That ordinance was prepared by the Collier County Fire Code Official, an employee of the East Naples Fire District, and was vetted through the Development Services Advisory Committee and subsequently approved by a vote of 5 -0 by the Board as Agenda Item 8C on October 8, 2002. Under the direction of the Board, County Manager Jim Mudd sent the attached letter (attachment 5) to Commissioner Thomas G. Cannon, Chair, East Naples Fire Board, requesting that the Agenda Item No. &C February 13, 2007 Page 2 of 72 ordinance be amended and that the amendment be vetted through the DSAC and representatives of the Collier Building Industry Association (CBIA) prior to scheduling the ordinance for Board review and approval. In addition, with this revision, pursuant to Statute 633.0215(3), Mr. Mudd respectively requested that prior to adoption by the Board, the fire district submit the proposed amendment to the State Fire Marshal for review and for a recommendation as to whether it should become part of the Florida Fire Prevention Code applicable only to the incorporated and unincorporated areas of Collier County. While not contained in Mr. Mudd's letter to Commissioner Cannon, further discussion has revealed the ordinance will require review and approval by the Florida Building Commission, in accordance with State Statute 553.73, in addition to the State Fire Marshal, in that the ordinance as currently enforced requires a more stringent fire resistive construction in some cases than the minimum requirement of the 2004 Florida Building Code. FISCAL IMPACT: The repeal of this ordinance could result in an action by the fire districts to terminate the existing interlocal agreement between Collier County and the respective independent fire districts (attachment 6). If such action occurs, it would create a set of circumstances that would require the County to enter into a separate agreement with the dependent fire districts in order to conduct the required fire code reviews and inspections. If the County is unable to enter into such an agreement, all permitting, except for one and two family and associated accessory permitting, would cease until such time that the County hired licensed Fire Safety inspectors to perform the required plan reviews and site inspections. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATION: The County Attorney's Office reviewed and approved the Ordinance. RECOMMENDATION: That the Board approve the attached ordinance that repeals Ordinance 2002 -49, as amended by Ordinance 2005 -32, with the understanding that if deemed appropriate through public vetting of a replacement ordinance through the Development Services Advisory Committee, and if approved by the appropriate state officials, the Collier County Fire Code Official will return to the Board with an amendment to the Ordinance as cited during the November 28, 2006 BCC meeting and referenced in the attached letter from County Manager Jim Mudd to Fire Commissioner Tom Cannon. Prepared by: Joseph K. Schmitt, CDES Division Administrator 4.rlenda Item No, 2C February 13, 2007 Page 3 of 72 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -••, Item Number: ?C Item Summary: Pq)eal of Golller County Ordinance 2002 -49. as amenda0 oy Ordina nce ::005 -32 titled an ordinance readopting trie CDlher County Fire Prevention and Protection Cade by arrendir;g tree cDde of -tiws and ordinance, Df CDiher County, Florida. amending Chapter 58. Fire Prevention and Protection 1l II. Fire Eaiety Standards for the onincerporated area of Collier County . by replacing Section 58 -2C, pertainind to adopted standards and codes of the National Fire Code Published by the National =rte Protection Association lNFPA,.. replacing Section 5 9-27 pertaining to amendments to adopted fire codes specifically NFPA 1, 2002 Edition replacing Section 58 -28, pertaining to amendments to the adopted Life Safety Code, specifically NFPP, 101, 2002 Edition Meeting Date: 2113!200 %9'. 00.00.AM Prepared By Community Development 8 Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & 11912007 1:11:20 PM Environmental Services Environmental Services Admin. Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development 8 71512007 1:22 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development B 119/2007 1:25 PM Environmental Services Environmental Services Admin. Approved By Community Development 8 Joseph K. Schmitt Date Environmental Services Adminstrator Community Development 8 Community Development 8 11912607 4:52 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/2672007 7:51 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/2812007 8:08 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1126/2007 8:34 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/112007 2:45 PM Approved By James V. Mudd County Manager Date Board of County Counh- Manager's Office 217!2007 S:OG PM Commissioners Attachment 1 �-,gerua !1em No. SC 1�IS19Z0 X16 27 February 3, 2OJ F ;'� �► Page 4 of 72 �' = °• �_ o ORDINANCE NO. 2005- 32 - r= ,.� , c�sis�Z�_�ch'�AN ORDINANCE AMENDING THE CODE OF LAWS ANM,�. ORDINANCES OF COLLIER COUNTY, FLORIDA, A,4- -, ADOPTED BY ORDINANCE NUMBER 02 -49, THE COLLIERr, - COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION 58 -26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); AMENDING SECTION 58 -27, PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALLY NFPA 1, 2003 EDITION; REPLACING SECTION 58 -28, PERTAINING TO AMENDMENTS TO THE ' ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101, 2003 EDITION; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR _ CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has fire safety responsibilities for Collier County; and WHEREAS, Section 633.025, Florida Statutes, subsection (1) establishes the Florida Fire Prevention Code and the Life Safety Code, as adopted by the State Fire Marshal as the state minimum code; and WHEREAS, Section 633.025, Florida Statutes, subsection (4) enables a county with fire safety responsibilities to adopt more stringent fire safety standards or alternative requirements where, as here, a determination has been made that there is a need to strengthen the requirements of the minimum fire safety code adopted and enforced by Collier County; and WHEREAS, the Board hereby determines upon its review of local conditions - which review demonstrates that local conditions justify more stringent requirements than those specified in the minimum fire and life safety code for the protection of life and property or justify requirements that meet special situations arising from historic, Agenda Item No, 8C February 13, 2007 Page 5 of 72 geographic, or unusual conditions - that local amendments to the statewide minimum code are needed and will serve a public purpose; and WHEREAS, as required by Section 633.0215, Florida Statutes, the State Fire Marshal has recently adopted a new edition of the Florida Fire Prevention Code; and WHEREAS, in accordance with Section 633.025, subsection (4)(a) a properly advertised public hearing was held and all interested persons were afforded the opportunity to provide any comments; and WHEREAS, it is necessary to update the Collier County Fire Prevention and Protection Code to reflect the foregoing matters; and WHEREAS, the amendments to the statewide minimum code set forth below are essential to maintain an established and effective level of fire prevention and protection. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The text of the following sections of Chapter 58 of Article II, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 58 -26. Collier County Fire Protection and Prevention Code Adopted. The standards and Code sections of the "National Fire Codes ", as published by the National Fire Protection Association (NFPA), as adopted by the rules of the Division of the State Fire Marshal section 4 69A- 3.012, 4 69A - 60.005 or referenced by the 20093 edition of NFPA 1 or NFPA 10 1 and those listed below by standard number and edition and as amended herein, are hereby adopted by reference and made a part of the "Collier County Fire Prevention and Protection Code," intended to protect the health, safety, common interest. and convenience of the citizens, visitors, and residents of Collier County, Florida. NFPA Code Standard Edition Description 18 1995 Wetting Agents 42 43942002 Storage of Pyroxylin Plastic 50A 1999 Gaseous Hydrogen Systems Agenda Item No. 8C February 13; 2007 Page a of 72 70E 2000 Electrical Safety Requirements for Employee Workplaces 79 199 2002 Electrical Standard for Industrial Machinery 97 2000 Glossary of Terms Relating to Chimneys and Vents 170 4-9992002 Fire Safety Symbols 412 1998 Evaluating Aircraft Rescue and Fire Fighting Foam Equip. 423 1999 Const. and Protection of Aircraft Engine Test Facilities 513 560 1998 ;99-5 Motor Freight Terminals Perage, 9wtd4mg Use and efi&h.�4e#! 600 2000 oxide Industrial Fire Brigades 601 2000 Security Service in Fire Loss Prevention 901 2001 Standard Classifications for Incident Reporting 1961 1997 Fire Hose 1964 1998 Spray Nozzles Sec. 58 -27. Amendments to Fire Codes. The "National Fire Codes, NFPA 1, Fire Prevention Code, 29882003 Edition," is hereby amended by local amendment as follows: (A) CHAPTER 1 ADMINISTRATION AND ENFORCEMENT (1) BOARD OF APPEALS i) Strike all existing text and amend 4--9 1.10 to read as follows: 4- -&1.10 BOARD OF APPEALS Will operate and be comprised as set forth in the Collier County Land Development Code, PiY44em- - AChapter 8.05.00, except that the Collier County Fire Marshal's Association may recommend those two members one of whom would be an architect or engineer and one whom must be a fire protection specialist for consideration by the Board of County Commissioners. (2) NOTICE OF VIOLATIONS, PENALTIES i) Amend 149.163.4 to read as follows; Agenda Item No. SC February 13, 2007 Page 7 of 72 1x-9.16 -3.4 Any person who fails to comply with the provisions of this code or who fails to carry out an order made pursuant of this code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. Nothing herein contained is intended to prevent the Independent Fire Districts of Collier County from taking such other lawful action in any court of competent jurisdiction as the District deems necessary to prevent or remedy any violation. Such other lawful action shall include, but shall not be limited to, any equitable action for injunctive relief or action at law for damages. The Independent Fire Districts of Collier County shall have the power to enforce the provisions of this Code and ordinances by means of the Collier County Code Enforcement Boards. (B) CHAPTER 1 ADMINISTRATION AND ENFORCEMENT (1) APPLICATION Referenced Standards i) Amend subsection 444 1.3.2.1 to read as follows: ! 5.2 1.3.2.1 Details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria contained in those standards and codes listed in Chapter 32 of this Code and those adopted pursuant to the Collier County Fire Prevention and Protection Code Section 58 -26 shall be considered a part of this code. ii) Amend 9subsection 434 1.3.7 to read as follows: 444 1.3.7 Buildings in existence or permitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings (10. 3.3 ofNFPA 1 2003 edition). (2) OCCUPANCY Agerua item Na. 8C February 13.'007 Page 3 �f 72 Existing buildings or installations that do not comply with the provisions of the publications referenced in 1-5..2 1.3.2.1 shall be permitted to be continued in use, unless the authority having jurisdiction determines that the lack of conformity with these standards presents an imminent danger. Exception: A limited but reasonable time shall be allowed for compliance with any part of this Code for existing buildings, commensurate with the magnitude of expenditure, disruption of services, and degree of hazard. Occupied existing buildings shall comply with 41-9 -2 4.5.4. Amend Ssubsection 1-4-1- 4.5.4 to feed - es €chews =add condition #4 4-41 shall be eeeupied in whole er- in pai4 in N,ielatkm o the provisions, R4 this Gede or- ethef f 4) All tenants and occupants shall obtain a "Notice of Fire Compliance" certificate from the appropriate fire district prior to the occupancy and use of a new or existing building as evidence of compliance with the Collier County Fire Prevention and Protection Code. Such original certificate shall be displayed in a prominent location within the structure, building, or portion thereof. Exception: Occupants of one and two family dwellings and residential tenants in multi - family buildings are exempt from the requirement of obtaining a "Notice of Fire Compliance ". Agenda Item Nd. 8C February 13, 2007 Page 9 cbf 72 the subje- a r 1�� prohibited The her-ein may be wended by , meted- �- tlte- 4�ee�: � (43) PLANS REVIEW i) Amend Ssubsection 4-8:2 1.14.2 to read as follows: 1 18.21.14.2 a"lieemt to ensufe thew The applicant shall be responsible to ensure that the following conditions are met: (1) The construction documents include all of the fire protection requirements (2) The shop drawings are correct and in compliance with the applicable codes and standards (3) All plans for proposed new structures and square footage additions to existing structures include 8 and `/z x 11 page or pages entitled "Fire Protection Plan" that depict the following: r.ger:aa Iterr No; 8C February 13. 2007 Page 10 �f 72 (a) Completed form titled "Collier County Fire Districts Pre - Incident Planning Data ". Form must be completely filled out, indicating N/A where not applicable. (b) Use of Uniform Drawing Symbols and Legend as published in NFPA 170, Standard for Fire Safety Symbols (pwiieelady ehapten ` p. " 199 2002 Edition: Copyright National Fire Protection Association. (c) North arrow. (d) Overall building dimensions. (e) To scale site plan showing the entire property boundaries, entire structural footprint, all building entrance openings, exit stairs, pavement areas and fire lanes, fire hydrants, adjacent roadways with names, and distances to all fire hydrants within 1000 ft (304.8m) measured along the centerline of the street, driveway or fire lane. (f) Florida Building Code Construction Type. (g) Number of stories of structure and total square footage under roof per story. (h) A wall detail /section from foundation through the roof illustrating the predominant or typical floor(s), wall(s) and roof materials. Such detail /section shall be keyed with a call mark on the structural footprint required (a) above. (i) Needed fire flow as required by section:? 5.1.1 - 13.5.1.1. (j) Fire district water supply flow test(s) as required by section �- 544 13.5.1.5. I (k) Main utility (electric, gas, water, etc.) shutoff locations. (1) Hazardous and/or combustible materials locations and estimated quantities. (m)Locations of features of fire protection systems (fire department connections, fire sprinkler shut -off, fire alarm panels, standpipes etc.) Exception 1: Group R -3. One and Two - family Residences. Agenda Items No_ 8C February 13, 007 Page 11 of 72 Exception 2: Ancillary structures like guardhouses, restrooms etc. Not exceeding 1000 square feet in area. Exception 3: Square footage additions that do not exceed 1000 square feet. (4) The contractor shall maintain an ayvroved set of construction documents on site. (5) COST OF PERMIT (i) Add Section 1 -24.17 to read as follows: 1-24.17 COST OF PERMIT Refer to Collier County Resolution No. 01 -313 -U successor, (establishing fees), Exhibit B (C) CHAPTER 2 3 DEFINITIONS (1) DEFINITIONS (i) Add the following definitions to read as follows: 2 1.166 3.3.216 Fire Marshal - The Fire Chief or his/her designee within each independent fire district or the Collier County manager or his/her designee within any dependant fire district within Collier County. 2 1.167 3.3.217 Fire Official - The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the fire plan review office. 2 -1.168 3.3.218 Ox,ner- Any person or entity having a legal or equitable interest in the property. 2-1.16 3.3.2191nterlocal agreement - An agreement entered into between the board of County Commissioners and any Independent Fire District(s). 2 1.179 3.3.220 Manual Wet Standpipe- Refer to NFPA 103 -23 Item 4 February 13; Page 12 2-x.171 3.3.221 Residential Occupancy (Group R) - Refer to the Florida Building Code, 2000 Edition for the definition and sub - classification, or its successor. (D) CHAPTER 3 10 GENERAL PR9 NS FIRE SAFETY (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. Amend Ssubsection 3 4.1 10.11.1 to read as follows: 3-44 10.1 1.1 Permits. Permits are required and shall comply with Section 146.12. Exception; Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. Notwithstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilising charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board 8C 07 72 Agenda Item No. 8C February 13, 2 07 Page 13 0 72 (2) FIRE S DEPARTMENT ACCESS AND WATER SUPPLY * . ...... ... q .. . ......... Agenda Item No.! 8C February 13, 2 -07 Wage 14 172 Agenda Item NaI. 8C February 13. 007 Page 15 if 72 18.2.2.5.1.1 Fire department access roads shall have an unobstructed width of not less than 20 ft (6m) and have an unobstructed vertical clearance of not less than 14 ft. Minimum width gray be reduced to meet special access with the annproval of the fire official. iii) Amend subsection 18.2.2.5.3 to read as follows: 18.2.2.5.3 Turning Radius. The turning radius fQr fire lanes not exceeding -a 90 degree turn where serving buildings shall be 25 ft inside and 49 ft outside and turnina radii for fire lanes ss rvine parking lots only shall be 25 ft inside and 45 ft outside Where turns exceed 90 degrees the standards for turnarounds shall W-21-Y-. iiii Amend subsection 18.2.2.5.4 to read as follows: 18. .2.5.4 Dead Ends An approved turn around for fire apparatus shall be movided where an access road is a dead end and in exc ss of 150 ft (46m) in length. The turnaround shall have a minimum centerline radius of 40 feet (12.7m). The ,grade surface and location of the fire lane shall be approved by the authority having iurisdietion. At least one elevation of each building+ shall be accessible to the fire department. igiv) Add Ssubsection 333-1 10.12.2.1 to read as follows: 3 5.5.1 10.12.2.1 EMERGENCY VEHICLE ACCESS y-5 3- 110.12.2.1 This section is intended to apply to all gate installations EXCEPT those serving individual single - family residences. Aaerda Item lac. SC uruary i3, 2 07 ?age 16 u 72 +v) Add &subsection 3- 5.5.1 1. 10.12.2.2 to read as follows: 3- 5.9.1.1 10.12.2.2 All electronic access control gate to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours per day shall be provided with an electronic transmitter /receiver system capable of being programmed with a unique activation code and frequency approved by the authority having jurisdiction. Such code or frequency shall not be used by or provided to other gate users. Existing installations shall comply within 180 days subsequent to the notification date by the authority having jurisdiction. vi) Add Ssubsection 3 5.5.2.3 10.12.2.3 to read as follows;_ 3- 5.5.13 10.12.2.3 All electronic access control gates required under section 3- 3:3:4.4 I0.I2.2.2 shall be compatible with the uniform county- wide transmitters. Said transmitters are carried only within emergency services vehicles. vii) Add &subsection 3- 3:3;4 10.12.2.4 to read as followsi_ 3- 5.5-3.4 10.12.2.4 All electronic access control gates shall have a battery backup with a fail safe override. Exception No. 1 - Any other override system acceptable to the Authority having jurisdiction. Exception No. 2 - Gates serving individual single- family residences. viii) Add Ssubsection 3- 5:3-25 10.12.2.5 to read as follows;_ Agenda Item loo. SC February 13, 20017 Page 17 of 72 ; 5.5.2.5 10.12.2.5 All non - electronic access control gates to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours a day shall be provided with a key box per section 3-6 10.I2.1. Exception No. 1 — Gates serving individual single - family residences. Lpx Add Ssubsection 3- 5.5.2.6 Ol 12.2.6 to read as follows;: 3- 55.5.2.6 10.12.2.6 All electronic gates are required to receive a building permit with fire review prior to installation. ix) Amend &subsection 3-5.6 18.3.4.1 to read as follows;. 3 -3-6.2-1 18.3.4.1 Hydrants. Clearance of 3 feet to the rear and sides of fire hydrants and clear to the street. No new wet or dry retention or detention areas shall be located between the fire hydrant and the fire access area unless prior approval is received from the fire official. xi) Amend Ssubsection 3-5:6.2 18,3.4. to read as follows; 3- 5:6.:2 18.3.4.2 Fire Protection Appliances. Clearance of 3 feet to sides and clear to the street. No new wet or dry retention or detention areas shall be located between the fire appliance and the fire access area unless prior approval is received from the fire official. (32) PUBLIC SPECIAL OUTDOOR EVENTS, CARNIVALS. FAIRS AND EVENTS i) Addmend section 3-19. 10.16.3 to read as follows;: 3- -410.16.3 n i iuli v —Assemblages wW R e - Life Safety Evaluation. Life safety evaluations AgenCla Item No. 8C February 13, 2007 Pacae 18 of 72 are required and shall be in accordance with 12.4.1 of NFPA 101. Life Safety Code The evaluation shall be submitted to the AHJ a minimum of two weeks prior to the starting date of the event. Add ;;subsection 3-1 0.7,3 10.16.4.1 to read as follows-'-- 3-18- 7310.16.4.1 The attherit�, haviRg iwisdietien AHJ is hereby authorized to assess and collect reasonable compensation for services rendered to public assemblages Agenda Item No. SC February 13, 2007 Page 19 of 72 and events covered by the provisions of section 3-44.4 10.16.4, as it may deem necessary in accordance with the applicable service resolution of the governing body. (E) CHAPTER ;E 13 FIRE PROTECTION SYSTEMS i) Add Ssubsection 7 2.2 13.2.2.2.1 to read as follows;_ 13.2..2.1 €veepsiam != Buildings classified as R -2, four stories in height are required to have manual wet standpipes in accordance with NFPA 14. ii) Add Ssubsection 7 -2.2.2-t 13.2.2.2.2 to read as follows: 7 2.2.2.1 13.2.2.2.2 Any building five stories or more in height and not otherwise classified as a high rise building as defined by the Florida Building Code, 2001 Edition or its successor, shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 65 psi at the uppermost hose connection. iii) Add Ssubsection 7. 2.2 13 2.2.2.3 to read as follows;: 7 2.2.;.2 13.2.2.2.3Any high -rise building as defined by the Florida Building Code, 2001 Edition or its successor, shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per i Agenda item NP. 8C February 13, 007 Page 20 c f 72 i minute with a residual pressure of 100 psi at the uppermost hose connection. iv) Add &subsection 7 2.2.2.3 13.2.2.4.2 to read as follows;_ x:313.2.2.4.2 Fire department valves on standpipe systems shall not be pressure - reducing valves. Pressure restricting devices shall be installed on any valve with pressure in excess of 175 psi. Pressure restricting devices shall be so as to be readily removable, leaving hose threads acceptable to the authority having jurisdiction. V) Add &subsection 7 2 1 2 4 13.3.1.6.1 to read as follows;_ 7- 2- 2.2.413.3.1.6.1 All fire department connections, other than those serving a high rise building, shall be located within 50 ft (15.25m) of a fire hydrant and within 50 ft (15.25m) of a fire department vehicle access road. Exception 1: Fire department connections supplying fire sprinkler systems in accordance with NFPA 13R that are not a part of a standpipe system. Exception 2: Actual locations of fire department connections shall be as approved by the authority having jurisdiction. vi) Add &subsection 7 2.2.2.5 13.3.1.6.2 to read as follows;; 7-313 3.1.6.2 New high -rise buildings shall be equipped with two fire department connections. One connection shall be located at the building and one shall be located within 15 ft (4.6m) of a fire hydrant. Either fire department connection shall be capable of operating independently of the other. The second fire department connection required at the building shall not be required to be located within 50 ft (15.25m) of a fire hydrant. vii) Addmend subsection 7-3.1 13.3.1.1 to read as follows: 7-3.1. 1-13.3.1.1 Automatic sprinklers shall be installed and maintained in full operating condition, as specified for the occupancy involved in the codes Agenda Item No. 8C February 13, 2007 Page 21 of 72 or standards listed in Chapter 32. Installations shall be in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height; or NFPA 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, as appropriate. All fire sprinkler systems shall be designed with hydraulic calculation method. System design will be based on a current flow test. For flow tests with a static pressure of 55 PSI or more the test will be extrapolated to seasonal static of 50PSI. The formula is as follows: X Factor = Seasonal Static / Measured Static Design Res. Pres. = (Residual Pres) x (X Factor) Design Pitot PSI = ( Pitot Press) x (Xfactor) For flow tests with a static of less than 595 psi the un- extrapolated flow test shall be used. However in this case a minimum safety factor of 5 psi above the demand point of the system shall be used. Fire flow data shall be attached to the hydraulic calculations as per section 75.1.1 13.5.1.1. viii) Add to Section 7. 3:2.2 13.3.2..1 to read as follows: Automatic fire extinguishing systems shall be provided, in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, when required by this Code, or referenced codes and standards listed in Chapter 32; and in all new residential occupancies containing more than four (4) living units; and when otherwise required by Collier County. Exception No. 1: Residential occupancies up to four (4) stories in height may be protected in accordance with NFPA 13R Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, where not Aaenca kem Rio. SC February 13,. 2 Ci7 Page 22 0 72 otherwise required to be protected by sprinklers pursuant to the Building Code or other applicable standards. ix) Add subsection'' ^2� 13.3.2.1.2 to read as follows;; 7-3.x .113.3.2.1.2 All Automatic fire extinguishing systems, installed voluntarily, arbitrarily or otherwise, shall provide an adequate means (stub - out) for future fire sprinkler protection on lanais, balconies and canopies in residential occupancies. X) Affwndd subsection 7 -3.4.2 13.3.1.7.1.1 to ekm�, read as follows: 13.3.1.7.1.1 Valves connections to water supplies sectional control and isolation valves and other valves in supply pipes to sprinklers and other fixed water -based fire suppression systems other than I3D systems installed in one and two family dwellings, shall be supervised by Central station proprietary or remote station signaling service complying with NFPA 72 Each alarm panel shall electrically monitor all fire sprinkler control valves of the fire sprinkler system it monitors All control valves in I3D systems shall be chained and locked in the open position. xi) Add &subsection 7 5. i. i 13.5.1.1 to read as follows;_ 7 5.1.1 13.5.1.1 The following are fire flow requirements for new construction, changes in occupancy or use to a more hazardous classification (according to National Fire Protection Association 101, 20083 edition) or any physical enlargement of existing buildings. All one and two family Aaemda Item No. 8C February 13, 2007 Paae 23 of 72 dwellings are exempt fepm from these requirements except new subdivisions as provided below: New exclusive one and two family subdivisions: Building Square Footage Min. Fire Flow (GPM) Less than or equal to 5000 500 Greater than 5000 750 Subdivisions not capable of delivering the required fire flow shall provide automatic sprinkler systems in accordance with NFPA 13, 13R or 13D, 4999 2002 editions as applicable. All other buildings shall calculate required fire flows in accordance with the following formula shown in subseefien (3} below. This formula establishes a base flow from which the degree of hazard, credit for fire sprinkler protection and separation distance will result in a final needed fire flow. National Fire Protection Association 13, 49W 2002 edition shall be used for the purpose of determining hazard classification. NFPA classification Formula application _ Light Light Ordinary I & II Ordinary Extra High Fire flow based on the formula NFF= [(18) x COEFFICIENT FOR THE CONSTRUCTION TYPE) x (SQUARE ROOT (BUILDING SQUARE FOOTAGE)) x HAZARD FACTOR x EXPOSURE FACTOR x FIRE SPRINKLER FACTOR Coefficients based on construction type. 1.5 = Wood (Type VI) 1.0 = Ordinary (Type V) 0.8 = Noncombustible (Type III & IV) 0.6 = * Fire resistive (Type I & II) F.pun �a item No. 8C February !3, 007 Page 24 if 72 Coefficient based on hazard. 0.75 = Light hazard 1.0 = Ordinary hazard 1.25 = High hazard Coefficient based on exposure distance in feet. 0 -10 = 1.25 11 -30 = 1.2 31 -60 = 1.15 61 -100 = 1.1 101 -150 = 1.05 >150 = 1 Coefficient based on fire sprinklers. 0.5 = Fully fire sprinklered 1 = Not fully fire sprinklered *Fire resistive construction need only be calculated on the three (3) largest successive floors of highest hazard classification. A four -hour "fire wall' may be used to reduce total square footage of a building for the purposes of fire flow requirements, providing the wall intersects each successive floor of the building and complies with NFPA 221. The minimum required fire flow for commercial and multi - family occupancies shall be 750 GPM. Owners and developers shall make provisions to install water lines and fire hydrants to meet spacing and fire flow requirements. Where fire mains exist but do not meet the fire flow requirements, alternative arrangements may be made, prior to construction, with the authority having jurisdiction. Due to the concern for public safety, failure to meet the fire flow requirements or come to alternative agreement shall be grounds for refusal for the county to issue building permits. xii) Add subsection 13.5.1.2 to read as follows: Agenda item No.I8C February 13. 2 07 Page 25 of 72 13.5.1.2. The required size of the water mains, installed for fire protection shall be determined by hydraulic calculation based upon a current a fire flow test (not more than six months old). These calculations shall extend from the location of the flow test to each fire hydrant on site and shall indicate that the minimum required fire flow determined by Section 13.5.1.1 is available. This section is to be used for design purposes only. Actual fire flow availability will be determined at time of building permit application. xiii) Add £subsection 7 5.1 13.5.1.3 to read as follows;_ 7 5.1.213.5.1.3 Where buildings are constructed, with the furthest point of the structure being one hundred fifty (150) feet or more from a public street, requires private mains and fire hydrants which shall meet the required fire flow with spacing to be determined by the fire official, not to exceed three hundred (300) foot maximum distance between hydrants. Hydrant spacing and required fire flow may be altered by the fire official if, by prior arrangement with the fire official, automatic fire suppression systems are installed in all buildings on the premises. *iii) xiv Add subsection 7 5.13 13.5.1.4 to read as follows: 75. 1-313.5.1.4 Maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one and two family areas with buildings not exceeding 5000 sq ft, and three hundred (300) feet in all other areas. *iV xv) Add subsection: 5.1.4 13.5.1.5 to read as follows: 7 5.1.413.5.1.5 Where buildings are proposed in an area not meeting the hydrant spacing requirements, the owner or developer shall provide the number of hydrants prescribed by the fire official, under the terms of this section. *-+ xvi) Add subsection 7 5.1.5 13.5.1.6 to read as follows: -3-1 " 13.5.1.6 Prior to development of new structures or fire protection systems, a fire flow test in accordance with NFPA 291 shall be preformed by the fire district Agenda Item lvo�" SC February 113, D07 Page 26 if 72 having jurisdiction. Such tests shall be completed no longer than six months prior to the submittal for permit. Calculations of the available fire flow at a minimum of 20 psi residual shall be provided on the fire protection plan required by section 1 18.2 1.14.2 or with the hydraulic calculation package submitted for fire protection system permits. Fire flow test reports shall be submitted on the official letterhead of the fire district having jurisdiction. *vi xvii) Add subsection 7 S. 1.6 13.5.1.7 to read as follows: 7-5r. 1 .5.1.7 Fire hydrants shall be provided for structures in accordance with NFPA 24 and shall be distributed so that the Needed Fire Flow determined by the fire official may be delivered. Hydrant locations and distances to proposed structures shall be indicated on the Fire Protection Plan required in section I-I8.2 1.14.2 *V4 xviii) Add subsection 7 6. i .'7 13.5. 1.8 to read as follows: 3- 1- 713.5.1.8 Proposed single structure site developments within 1000 ft (304.8m) of existing water mains shall extend such mains so that the main sizes and hydrant locations comply with the provisions of this code. Measurement of the distance shall be along existing or proposed roads, street, driveways or fire lanes as applicable. Where no piped water supply exists within 1000 ft (304.8m) distance criteria, the requirements of NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting 49W 2001 edition, shall apply. Proposed multi - structure site developments shall provide permanent fire protection water supply from a public or private utility system or construct a private engineered water system acceptable to the authority having jurisdiction and capable of delivering the required Needed Fire Flow specified in subsection 7 5.1.1. 13.5.1.1. **iii xix) Amend Section 13.5.3 to add the following: a sin ale, dedicated fire sprinkler backflow assembly may serve a maximum of two buildines. X* xxi) Add subsection !4-4 13.7.1.4.11.1.1 to read as follows: Agenda Item No. 8C February 13, 007 Page 27 if 72 7-q,1 413.7.1.4.11.1.1 All fire sprinkler systems shall be monitored by a UL listed Remote or Central station monitoring agency. Exception No 1: One and two family dwellings protected by 13D systems. xxi) Add subsection 7-7.1:5 13.7.1.4.11.1.2 to read as follows: 7- 7.1.513.7. 4.11.1_2 All fire sprinkler systems shall activate one or more monitored audio /visual device located on the exterior of the building. The number and location of the device(s) shall be approved by the authority having jurisdiction. Exception: Single family dwellings. See. 58 -28. Amendments to the Life Safety Code. NFPA 101 Code for Safety to Life from Fire in Buildings and Structures, 20003 Edition, is amended as follows: (A) CHAPTER 4: GENERAL i) Add new subsection 4. 99, "Use of Fire and Spark Producing Devices in Public Places" to read as follows: 4.89 Use of Fire and Spark Producing Devices in Public Places. ii) Add new subsection 4.59.1 to read as follows: 4.89_.1. It shall be unlawful for any person to smoke, light or carry a lighted cigar, cigarette, pipe, match or use any spark, flame, or fire producing device not specifically authorized by the appropriate district or area fire chief or inspector in any of the following areas: Agenda item N� 8C February 13, J07 Page 28 f 72 1) In the board of county commissioners' chambers, and in all other public meeting rooms in the county courthouse complex, and administrative buildings, when a public meeting is in progress. 2) In any public theater, church, tent, motion picture house or other auditorium used for such shows or performance when the public gathers. 3) In any mercantile store which voluntarily elects, by and through the actions of its management, to be included within this section. This prohibition shall not apply to restrooms, restaurants, coffee shops, soda fountain counters, executive offices or beauty parlors in such mercantile stores. (B) CHAPTER 9: BUILDING SERVICE AND FIRE PROTECTION EQUIPMENT (1) SECTION 9.6 FIRE DETECTION, ALARM, AND COMMUNICATION SYSTEMS (I) GENERAL i) Add Subsection 9.6.1.101to read as follows;: 9.6.I.101 The authority having jurisdiction may approve and shall have the authority to require listed manual fire alarm box covers or listed double action pull stations to be installed where manual fire alarm systems are susceptible to malicious false alarms. (II) OCCUPANT NOTIFICATION ii) Amend subsection 9- 6.3.$7 to read as follows;_ 9- 6.3.87 Audible alarm notification appliances shall be of such character and so distributed as to be effectively heard above the average ambient sound level occurring under normal conditions of occupancy. Residential occupancies: ' Audible alarm indicating devices shall be clearly audible in all bedrooms over background noise levels with all Agenda Item No.1 8C February 13, 2 07 Page 29 o 72 intervening doors closed. The audible alarm indicating device sounding shall be measure a minimum of 785 decibels at the pillow height in all bedrooms. (2) SECTION 9.7 AUTOMATIC SPRINKLERS AND OTHER EXTINGUISHING EQUIPMENT SECTION 9.7.4 MANUAL EXTINGUISHING EQUIPMENT i) Amend 9.7.4.1 to read as follows: 9.7.4.1 Portable fire extinguishers shall be installed in all commercial and multi - family occupancy classifications in accordance with NFPA 10, The Standard for the Installation of Portable Fire Extinguishers. SECTION THREE: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance are intended to become and to 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 to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Conflict and severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive provisions are intended to apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portion. SECTION FIVE: Effective date. This Ordinance becomes effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED, by the Board of County Commissioners of Collier County, Florida, this day of ' 2005 W 0 t� t� �d�, • 3. tide '. and legal sufficiency: ER A. BELP 0 Assistant County Atto y R.genJa item: NoJ SC February 13, 2707 Gage 30 ) 72 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:� W, FRED W. COYLE, Ch an This ordinance filed with th' secretary of te' Office Z,_ day of end ocknowl gem nt of thet fili re eived tfiis doy of Agenda Item No. 8C February 13, 2 07 Page 31 o'72 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -32 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 30th day of June, 2005. DWIGHT E. BROCK Clerk of Court' Ex- officio t© 6ak� pf' %. County Commiia�sio2ers `:7 •.......••. .�. �•'c.. ;tit: By: Linda A. HoWX r" Deputy Clerk a c, o , r- D� � Attachment 2 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AS ADOPTED BY ORDINANCE NUMBER 02 -49 THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION S8-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); AMENDING SECTION 58 -27, PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALLY NFPA 1, 2003 EDITION; REPLACING SECTION 58-28, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101, 2003 EDITION; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To obtain Board of County Commissioner approval of an ordinance which adopts local amendments to the Florida Fire Prevention Code and directing staff to complete the process to make the amendment effective. CONSIDERATION: The State of Florida has updated the statewide Florida Fire Prevention Code with an effective date of January 1 °, 2005. This update brought with it a "Sunset" provision, which effectively repealed the Collier County Fire Prevention and Protection Code created by local ordinance. Prior to the State updating of the Florida Fire Prevention Code, Collier County had deemed it necessary to provide for specific local regulatory requirements in the Collier County Fire Prevention and Protection Code based on the particular needs of Collier County. In order to re- introduce the previous local regulatory requirements, the statewide Florida Fire Prevention Code also provide a procedure for local governments to adopt local amendments by ordinance. By directing staff to comply with the balance of the requirements for adopting local amendments to the Florida Fire Prevention Code, and adopting the proposed ordinance, the County would restore the level of fire protection deemed reasonable for Collier County and the affected Fire Districts. In addition to the local amendments, the proposed ordinance would also consolidate a majority of the Fire Code requirements for new development into one regulation. This would simplify fire plan review and ease the development community's compliance with the applicable regulations. The Development Services Advisory Committee has reviewed and approved the adoption of this ordinance. FISCAL IMPACT: By re- adopting the local amendments the County would largely re -create the previously effective regulations, which should not result in any overall fiscal impact. ler! !tern No. SC .Le y 13. 007 rto 32 �f 72 Agenda Item No. 8C February 13, 2007 -P,age 33 0� 72 GROWTH MANAGEMENT IMPACT: This request will have no impact on the Growth Management Plan. RECOMMENDATION: Approve the Proposed Ordinance and direct staff to complete the process required to make it effective. Prepared By: t--" Date: Ed Riley, Collier Co ire Code O ial Reviewed By. _ Date: z Karl Reynolds, Fire Marshal North Naples Fire District Approved By: �✓ /9—:-4 Date: Nick Biondo, Fire Marshal East Naples Fire District President, Collier County Fire Marshals' Association Attachment 3 e O \d ORDINANCE NO. 2002 -49 AN ORDINANCE READOPTING THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE I1, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY REPLACING SECTION 58-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY TIUn NATIONAL FIRE PROTECTION ASSOCIATION (NFP r . i REPLACING SECTION 58-27, PERTAINING I AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICAL[Y NFPA 1, 2002 EDITION; REPLACING SECTION 58 -f8-'' PERTAINING TO AMENDMENTS TO THE ADOPTED L[, SAFETY CODE, SPECIFICALLY NFPA IOt, 2002 EDITION, RESERVING SECTION 58-29; REPEALING CERTAIS& ORDINANCES; PROVIDING FOR THE INCLUSION IN Tdk CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. c. fJ �J r WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has fire safety responsibilities for Collier County; and WHEREAS, Section 633.025, Florida Statutes, subsection (1) establishes the Florida Fire Prevention Code and the Life Safety Code as the state minimum code; and WHEREAS, Section 633.025, Florida Statutes, subsection (4) enables a county with fire safety responsibilities to adopt more stringent fire safety standards or alternative requirements where, as here, a determination has been made that there is a need to strengthen the requirements of the minimum fire safety code adopted and enforced by Collier County, and WHEREAS, the Board hereby determines upon its review of local conditions - which review demonstrates that local conditions justify more stringent requirements then those specified in the minimum fire and life safety code for the protection of life and property or justify requirements that meet special situations arising from historic, geographic, or unusual conditions - that local amendments to the statewide minimum code are needed and will serve a public purpose; and WHEREAS, by operation of certain statutory provisions the previously existing local amendments to then existing fire and life safety code provisions then in effect have been replaced by the statewide minimum code making appropriate the repeal of no longer effective local ordinances comprising Article II of Chapter 58 of the Collier County Code of Laws and Ordinances; and WHEREAS, in accordance with Section 633.025, subsection (4)(a) a properly advertised public hearing was held and all interested persons were afforded the opportunity to provide any comments; and Agenda Item IJ . 8" rebruary 13; 007 Pacle 34 f 72 Agenda Item Nq. 8C February 13, 007 Page 35 if 72 WHEREAS, it is necessary to update the Collier County Fire Prevention and Protection Code to reflect the foregoing matters; and WHEREAS, the amendments to the statewide minimum code set forth below are essential to maintain an established and effective level of fire prevention and protection. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The text of the following sections of Chapter 58 of Article II, of the Code of Laws and Ordinances of Collier County, Florida, are replaced with the text which follows: See. 58-26. Collier County Fire Protection and Prevention Code Adopted The standards and Code sections of the "National Fire Codes', as published by the National Fire Protection Association (NFPA), as adopted by the rules of the Division of the State Fire Marshal section 4A- 3.012, 4A- 60.005 or referenced by the 2000 edition of NFPA I or NFPA 101 and those listed below by standard number and edition and as amended herein, are hereby adopted by reference and made a part of the "Collier County Fire Prevention and Protection Code," intended to protect the health, safety, common interest, and convenience of the citizens, visitors, and residents of Collier County, Florida. NFPA Code Standard Edition Descrioeon WetdngAgenU 18 1995 42 1997 Storage of pyraxyltn Plastic 5OA 1999 Gaseous Hydrogen Systems 70E 2000 Electrical Safety Requirements for Employee Workplaces 79 1997 Electrical Standardfor Industrial Machinery 97 2000 Glossary of Terms Relating to Chimneys and Vents 170 1999 Fire S*ry Symbols 412 1998 Evaluating Aircraft Rescue acrd Ftre Fighting Foam Equip. 423 1999 Cons, and Protection ofAircraf Engine Test Facilities 513 1998 Motor Freight Terminals 560 1995 Storage, Handling and Use ofErhylene Oxide 600 2000 Industrial Fire Brigades 601 1000 Security Service in Fire Loss Prevention 801 1998 Facilities Handling Radioactive Materials 901 1001 Standwd Classification far Incident Reporting 1961 1997 Fire Hose 1964 1998 Spray Nozzles See. 58-27. Amendments to Fire Codes. The "National Fire Codes, NFPA 1, Fire Prevention Code, 2000 Edition," is hereby amended by local amendment as follows: r (A) CHAPTER I ADMINISTRATION AND ENFORCEMENT (1) BOARD OF APPEALS i) Strike all existing text and amend 1 -8 to read as follows: 1 -8 BOARD OF APPEALS Will operate and be comprised as set forth in the Collier County Land Development Code, Division 5.4, except that the Collier County Fire Marshal's Association may recommend those two members one of whom would be an architect or engineer and one whom must be a fire protection specialist for consideration by the Board of County Commissioners. (2) NOTICE OF VIOLATIONS, PENALTIES i) Amend 1 -19.3 to read as follows; 1 -19-3 Any person who fails to comply with the provisions of this code or who fails to carry out an order made pursuant of this code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. Nothing herein contained is intended to prevent the Independent Fire Districts of Collier County from taking such other lawful action in any court of competent jurisdiction as the District deems necessary to prevent or remedy any violation. Such other lawful action shall include, but shall not be limited to, any equitable action for injunctive relief or action at law for damages. The Independent Fire Districts of Collier County shall have the power to enforce the provisions of this Code and ordinances by means of the Collier County Code Enforcement Boards. (B) CHAPTER I ADMBNISTRATION AND ENFORCEMENT (1) APPLICATION i) Amend subsection 1 -5.2 to read as follows: 1 -5.2 Details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria contained in those standards and codes listed in Chapter 32 of this Code and those adopted pursuant to the Collier County Fire Prevention and Protection Code Section 58 -26 shall be considered a part of this code. ii) Amend Subsection 1 -5.5 to read as follows: 1 -5.5 Buildings in existence or permitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings F Agenda item No] 8C rebruary 13, 2 07 Pace 33 0 72 Existing buildings or innallations that do not comply with the provisions of the publications referenced in 1 -5.2 shall be permitted to be continued in use, unless the authority having jurisdiction determines that the lack of conformity with these standards presents an imminent danger. Exception: A limited but reasonable time shall be allowed for compliance with any part of this Code for existing buildings, commensurate with the magnitude of expenditure, disruption of services, and degree of hazard. Occupied existing buildings shall comply with 1 -9.2. (2) OCCUPANCY i) Amend Subsection 1 -9.1 to read as follows 1 -9.1 No new construction or existing building shall be occupied in whole or in part in violation of the provisions of this Code or other applicable Collier County laws and ordinances. All tenants and occupants shall obtain a "Notice of Fire Compliance, certificate from the appropriate fire district prior to the occupancy and use of a new or existing building as evidence of compliance with the Collier County Fire Prevention and Protection Code. Such original certificate shall be displayed in a prominent location within the structure, building, or portion thereof. Exception: Occupants of one and two family dwellings and residential tenants in multi- family buildings are exempt from the requirement of obtaining a "Notice of Fire Compliance ". (3) PERMITS AND APPROVALS I) Amend Subsection 1- 16.16(3) to read as follows: Bonfires and Outdoor Rubbish Fires. Kindling or maintaining any open fire or a fire in any public street, alley, road, or other public or private ground. Instructions and stipulations of permit shall be adhered to. Cooking fires and small recreational fire& not intended for vegetation or rubbish disposal, when conducted safely and on the property of the subject are exempt and do not require a permit. ii) Not withstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfirea, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of 4 Aaenda Item No February 13, 2 Page 37 o 87 07 72 Agenca Item Nol. 8C r- ebruary 13. 007 Page 38 I f 72 lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board. (4) PLANS REVIEW i) Amend Subsection 18.2 to read as follows: 1 -18.2 It shall be the responsibility of the applicant to ensure that: (1) The construction documents include all ofthe fire protection requirements (2) The shop drawings are correct and in compliance with the applicable codes and standards (3) All plans for proposed new structures and square footage additions to existing structures include 8 and % x I1 page or pages entitled "Fire Protection Plan' that depict the following: (a) Completed form titled "Collier County Fire Districts Pre - incident Planning Data ". Form must be completely filled out, indicating N/A where not applicable. (b) Use of Uniform Drawing Symbols and Legend as published in NFPA 170, Standard for Fire Safety Symbols (particularly chapters 5 & 6) 1999 Edition: Copyright National Fire Protection i Association. (c) North arrow. (d) Overall building dimensions. (e) To scale site plan showing the entire property boundaries, entire structural footprint, all building entrance openings, exit stairs, pavement areas and fire lanes, fire hydrants, adjacent roadways with names, and distances to all fire hydrants within 1000 fl (304.8m) measured along the centerline of the street, driveway or fire lane. (f) Florida Building Code Construction Type. (g) Number of stories of structure and total square footage under roof per story. (h) A wall detail/section from foundation through the roof illustrating the predominant or typical floor(s), wall( &) and roof materials. Such detail /section shall be keyed with a call mark on the structural footprint required (a) above. (i) Needed fire flow as required by section 7- 5.1.1. 0) Fire district water supply flow test(s) as required by section 7- 5.1.5. (k) Main utility (electric, gas, water, etc.) shutoff locations. 5 Agenda Item No.1 8C February 13, 2 07 Page 39 o 72 (1) Hazardous and/or combustible materials locations and estimated quantities. (m)Locations of features of fire protection systems (fire department connections, fire sprinkler shut -of& fire alarm panels, standpipes etc.) Exception l: Group R -3. One and Two-family Residences. Exception 2: Ancillary structures like guardhouses, restrooms etc. Not exceeding 1000 square feet in area. Exception 3., Square footage additions that do not exceed 1000 square feet. (5) COST OF PERMIT (i) Add Section 1 -21 to read as follows: 1 -21 COST OF PERMIT Refer to Collier County Resolution No. 01 -313, (establishing fees), Exhibit B (C) CHAPTER 2 DEFINITIONS (1) DEFINITIONS (i) Add the following definitions to read as follows: 2 -1.166 Fire Marshal - The Fire Chief or his/her designee within each independent fire district or the Collier County manager or his/her designee within any dependant fire district within Collier County, 2 -1.167 Fire Official- The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the fire plan review office. 2 -1.166 Owner - Any person or entity having a legal or equitable interest in the property. 2 -1.169 lnterlocal agreement- An agreement entered into between the board of County Commissioners and any Independent Fire District(s). 2 -1.170 Manual Wet Slandpipe- Refer to NFPA 14:3 -2.5 2 -1.171 Residential Occupancy (Group R) - Refer to the Florida Building Code, 2000 Edition for the definition and sub- classification, or its successor. (ii) Amend 2 -1.67 to read as follows; 2 -1.67 Fire lane means any driveway, road, or unobstructed area, which may be used by the fire Acienaa Item No.1 8C ebruary 13. 2 O7 Pace 40 ci 72 department for the movement of fire vehicles or firefighting operations. (D) CHAPTER 3 GENERAL PROVISIONS (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. i) Amend Subsection 34.1 to read as follows 3-4.1 Permits. Permits are required and shall comply with Section 1 -16. Exception; Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. Notwtthstantding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and The resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a Prohibition against kindling, creating or maintaining arty campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in county Parks, and the sale or use offtreworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of arty forest, grassland woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board ii) Amend Subsection 3-4.7 to read as follows: 3 -4.7 No charcoal burners shall be kindled or maintained on balconies or within 10 feet of any structure. E rception: Single-family dwellings iii) 34.8 No gas -fired cooking grill shall be kindled or maintained on balconies or within 10 feet of any structure. LP gas cylinders in excess of 2112 Ibs, water weight shall not be stored within to ft ofa residential building. Fxception: Single-family dwellings. (2) FIRE LANES i) Amend Subsection 3 -5.2 to read as follows; 3 -5.2 All buildings that a fire department may be called to protect that are not readily accessible to an adjacent local street shall be provided with a suitable fire lane or Agenda Item N o.J 8C February 13, 2 J7 Page 41 o 72 parallel access drive ' unless the analysis of the fire official indicates the fire access is unnecessary. Such fire access is necessary for all buildings three (3) or more stories in height which are not adjacent to a local street. (a) Parking spaces adjacent to structures that in the opinion of the fire official, may hinder or delay firefighting forces in the performance of their duties are prohibited. Limited designated parking spaces may be approved by the fire official when alternative arrangements are made prior to construction, which must include automatic fire suppression systems. (b) The fire official may require additional fire lanes around commercial buildings when his or her analysis indicates additional access to the building is needed. (c) No new wet or dry retention or detention areas shall be located directly adjacent to any structure unless prior approval is received from the fire official. ii) Add subsection 3 -5.2.1 to read as follows; 3 -5.2.1 Fire lanes shall be not less than 20 ft (6m) of unobstructed width, able to with stand live loads of fire apparatus, and have a minimum of 14 ft vertical clearance. Turning radii for fire lanes not exceeding a 90 degree turn where serving buildings shall be 25 ft inside and 49 ft outside and turning radii for fire lanes serving parking lots only shall be 25 ft inside and 45 ft outside. Where turns exceed 90 degrees the standards for turnarounds shall apply. An approved turn around for fire apparatus shall be provided where an access road is a dead and and in excess of 150 ft (46m) in length. The turnaround shall have a minimum centerline radius of 40 feet (I 2.7m). The grade surface and location of the fire lane shall be approved by the authority having jurisdiction. At least one elevation of each building shall be accessible to the fire department. Required fire lanes shall be provided with the inner edge of the roadway no closer than 10 feet and no farther than 30 feet from the building. Such lanes shall have a surface designed to accommodate fire apparatus with a minimum weight of 32 tons. Exception No. 1: Adequacy of emergency vehicle access shall be determined by the authority having jurisdiction. Exception No. 2: T or Y turnaround arrangements shall be permitted. Agenda Stem No. 8C February 13, 2007 Page 42 c f 72 Exception No.3: - When acceptable to the authority having jurisdiction, turnaround arrangements other than a cul -de -sac shall be permitted to be used. iii) Add Subsection 3 -5.5.1 to read as follows: 3 -5.5.1 EMERGENCY VEHICLE ACCESS 3 -5.5.1 This section is intended to apply to all gate installations EXCEPT those serving individual single- family residences. iv) Add Subsection 3- 5.5.1.1 to read as follows: 3- 5.5.1.1 All electronic access control gate to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours per day shall be provided with an electronic transmitter /receiver system capable of being programmed with a unique activation code and frequency approved by the authority having jurisdiction. Such code or frequency shall not be used by or provided to other gate users. Existing installations shall comply within 190 days subsequent to the notification date by the authority having jurisdiction. V) Add Subsection 3- 5.5.2.3 to read as follows; 3- 5.5.2.3 All electronic access control gates under section 3- 5.5.1.1 shall be compatible with the uniform county —wide transmitters. Said transmitters are carried only within emergency services vehicles. vi) Add Subsection 3- 5.5.2.4 to read as follows; 3- 5.5.2.4 All electronic access control gates shall have a battery backup with a fail safe override. Exception No. ! — Any other override system acceptable to the Authority having jurisdiction. Exception No. 2 — Gates serving individual single - family residences. Ail Add Subsection 3- 5.5.2.5 to read as follows; 3- 5.5.2.5 All non - electronic access control gates to structures and properties that may require emergency services that restrict 9 Agenda Item No. 8C February 13, 20107 Page 43 of 72 the free ingress and egress of emergency vehicles and are not constantly attended 24 hours a day shall be provided with a key box per section 3-6. Exception No. I — Gates serving individual single - family residences. viii) Add Subsection 3- 5.5.2.6 to read as follows; 3- 5.5.2.6 All electronic gates are required to receive a building permit with fire review prior to installation. ix) Amend Subsection 3- 5.6.2. Ito read as follows; 3- 5.6.2.1 Hydrants. Clearance of 3 feet to the rear and sides of fire hydrants and clear to the street. No new wet or dry retention or detention areas shall be located between the fire hydrant and the fire access area unless prior approval is received from the fire official. x) Amend Subsection 3- 5.6.2.2 to read as follows; 3- 5.6.2.2 Fire Protection Appliances. Clearance of 3 feet to sides and clear to the street. No new wet or dry retention or detention areas shall be located between the fire appliance and the fire access area unless prior approval is received from the fire official. (3) PUBLIC ASSEMBLAGES AND EVENTS i) Add section 3 -10.7 to rear as follows; 3 -10.7 Public Assemblages and Events ii) Add subsection 3- 10.7.1 to read as follows; where the authority having jurisdiction determines that the gathering of persons in a structure or outside of a structure or the nature of the performance, exhibition, display, contest, or activity presents or is predicted to present unusual and significant impact on public safety, including access to buildings, structures, fire hydrants, fire lahes, and the like, or other provisions of public safety services, including fire protection and emergency medical services, the authority having jurisdiction shall have the authority to order the development of or prescribe a plan for the provision of safety services which provides a reasonable degree of safety for the attendees, participants and other affected members ofthe public. iii) Add Subsection 3- 10.7.2 to read as follows; 10 A0erida Item No. 8C February 13. 2007 Page 44 of 72 3- 10.7.2 The plan shall address such items as emergency vehicle ingress and egress, fire protection, emergency medical services, fire and safety inspections, public assembly areas and the directing of attendees and vehicles, vendor and food concession distribution, and the need for the presence of law enforcement, fire, and medical services personnel at the event. Said plan shall be submitted to the authority having jurisdiction a minimum of two weeks prior to the starting date of the event. iv) Add Subsection 3- 10.7.3 to read as follows; 3- 10.7.3 The authority having jurisdiction is hereby authorized to assess and collect reasonable compensation for services rendered to public assemblages and events covered by the provisions of section 3 -10.7, as it may deem necessary in accordance with the applicable service resolution of the governing body. (4) CLOTHES DRYER VENTING i) Add section 3 -11 to read as follows; Venting of clothes dryers, whether electric or gas fired shall be on the floor of origin or into an approved shaft. Exception l: Group R -3, Detached one and two-family residences. Exception 2: Other arrangements as may be approved by the authority having jurisdiction. (E) CHAPTER 7 FIRE PROTECTION SYSTEMS i) Amend Subsection 7 -2.2.2 to read as follows; Exception /: Buildings classified as R -2, four stories in height are required to have manual wet standpipes in accordance with NFPA 14. ii) Add Subsection 7- 2.2.2.1 to read as follows 7- 2.2.2.1 Any building five stories or more in height and not otherwise classified as a high rise building as defined by the Florida Building Code, 2001 Edition, shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 65 psi at the uppermost hose connection. iii) Add Subsection 7- 2.2.2.2 to read as follows; 7- 2.2.2.2 Any high -rise building as defined by the Florida Building Code, 2001 Edition shall have an automatic wet standpipe system in M Agenda Item No. 8C February 13, 2007 Page 45 of 72 accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 100 psi at the uppermost hose connection. Iv) Add Subsection 7- 2.2.2.3 to read as follows; 7- 2.2.2.3 Fire department valves on standpipe systems shall not be pressure - reducing valves. Pressure restricting devices shall be installed on any valve with pressure in excess of 175 psi. Pressure restricting devices shall be so as to be readily removable, leaving hose threads acceptable to the authority having jurisdiction. V) Add Subsection 7- 2.2.2.4 to read as follows; 7- 12.2.4 All fire department connections, other than those serving a high rise building, shall be located within 50 ft (15.25m) of a Are hydrant and within 50 ft (I 5.25m) of a fire department vehicle access road. Esception L Fire department connections supplying fire sprinkler systems in accordance with NFPA 13R that are not a part of a standpipe system. Exception 2: Actual locations of fire department connections shall be as approved by the authority having jurisdiction. vi) Add Subsection 7- 2.2.2.5 to read as follows; 7- 2.2.2.5 New high -rise buildings shall be equipped with two fire department connections, One connection shall be located at the building and one shall be located within 15 ft (4.6m) of a fire hydrant. Either fire department cormection shall be capable of operating independently of the other. The second fire department connection required at the building shall not be required to be located within 50 ft (15.25m) of a fire hydrant. vil) Add subsection 7- 3.1.1, to read as follows: 7- 3.1.1. Automatic sprinklers shall be installed and maintained in full operating condition, as specified for the occupancy involved in the codes or standards listed in Chapter 32. Installations shall be in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height; or NFPA 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, as appropriate. 12 Agenda Item No. 8C Fe'b,ruary 13. 2007 Page 46 of 72 All fire sprinkler systems shalt be designed with hydraulic calculation method. System design will be based on a current flow test. For flow tests with a static pressure of 55 PST or more the test will be extrapolated to seasonal static of 50 PST. The formula is as follows: X Factor - Seasonal Static / Measured Static Design Res. Pres. _ (Residual Prea) X (X Factor) Design Piton PSI = (Pitot Press) x (Xfactor) For flow tests with a static of less than So PSI the un- extrapolated flow test shall be used. However in this case a minimum safety factor of 5 psi above the demand point of the system shall be used. Fire flow data shall be attached to the hydraulic calculations as per section 7- 5.1.1. Will Add to Section 7 -3.2.2 to read as follows: Automatic fire extinguishing systems shall be provided, in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, when required by this Code, or referenced codes and standards listed in Chapter 32; and in all new residential occupancies containing more than four (4) living units; and when otherwise required by Collier County. Exception No. l: Residential occupancies up to four (4) stories in height may be protected in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, where not otherwise required to be protected by sprinklers pursuant to the Building Code or other applicable standards. ix) Add subsection 7- 3.2.2.1, to read as follows; 7- 3.2.2.1 All Automatic fire extinguishing systems, installed voluntarily, arbitrarily or otherwise, shall provide an adequate means (stub out) for future fire sprinkler protection on lanais, balconies and canopies in residential occupancies. X) Amend subsection 7 -3.4.2 to eliminate (2),(3) and (4). And add two exceptions to the existing exception as follows: Exception No 2: 13D systems in one and two family dwellings. Exception No 3: Sprinkler piping serving not more than six sprinklers connected directly to a domestic 13 Agenda item No. 8C February 13, 2007 Page 47 of 72 water supply system. However the control valve shall be locked in the open position. xt) Add Subsection 7 -5.1.1 to read as follows; 7 -5.1.1 The following are fire flow requirements for now construction, changes in occupancy or use to a more hazardous classification (according to National Fire Protection Association 101, 2000 edition) or any physical enlargement of existing buildings. All one and two family dwellings are exempt form these requirements except new subdivisions as provided for in (1) a below: New exclusive one and two family subdivisions Building Square Footage Min. Fire Flow (GPM) Less than or equal to 5000 Soo Greater than 5000 750 Subdivisions not capable of delivering the required fire flow shall provide automatic sprinkler systems in accordance with NFPA 13, 13R or 13D, 1999 editions as applicable. All other buildings shall calculate required fire flows in accordance with the following formula shown in subsection (3) below. This formula establishes a base flow from which the degree of hazard, credit for fire sprinkler protection and separation distance will result in a final needed fire flow. National Fire Protection Association 13, 1999 edition shall be used for the purpose of determining hazard classification. NFPA classification Formula application Light Light Ordinary I & 11 Ordinary Extra High Fire now based on the formula NFF= [(IS) x COEFFICIENT FOR THE CONSTRUCTION TYPE) x (SQUARE ROOT (BUILDING SQUARE FOOTAGE)) x HAZARD FACTOR x EXPOSURE FACTOR x FIRE SPRINKLER FACTOR Coefficients based on construction type. 1.5 = Wood (Type VI) LO = Ordinary (Type V) 0.9 ® Noncombustible (Type III & IV) 0.6 = r Fire resistive (Type I & 11) Coefficient based on hazard. 0.75 = Light hazard 1.0 = Ordinary hazard 1.25 = High hazard 14 Coefficient based on exposure distance in feet 0-10— 1.25 11 -30= 1.2 31 -60= 1.15 61.100= 1.1 101 -150= 1.05 >150— I Coefficient based on fire sprinklers. 0.5 - Fully fire sprinklered I — Not fully fire sprinklered "Fire resistive construction need only be calculated on the three (3) largest successive floors of highest hazard classification. A four -hour "fire wall" may be used to reduce total square footage of a building for the purposes of fire flow requirements, providing the wall intersects each successive floor of the building and complies with NFPA 221. The minimum required fire flow for commercial and multi - family occupancies shall be 750 GPM. Owners and developers shall make provisions to install water lines and fire hydrants to meet spacing and fire flow requirements. Where fire mains exist but do not meet the fire flow requirements, alternative arrangements may be made, prior to construction, with the authority having jurisdiction. Due to the concern for public safety, failure to meet the fire flow requirements or come to alternative agreement shall be grounds for refusal for the county to issue building permits. xii) Add Subsection 7 -5.1.2 to read as follows; 7 -5.1.2 Where buildings are constructed, with the furthest point of the structure being one hundred fifty (150) feet or more from a public street, requires private mains and fire hydrants which shall meet the required fire flow with spacing to be determined by the fire official, not to exceed three hundred (300) foot maximum distance between hydrants. Hydrant spacing and required fire flow may be altered by the fire official if, by prior arrangement with the fire official, automatic fire suppression systems are installed in all buildings on the premises. xiil) Add subsection 7 -5.1.3 to read as follows; 7 -5.1.3 Maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one and two family areas with buildings not exceeding 5000 sq ft, and three hundred (300) feet in all other areas. sly) add subsection 7 -5.1.4 to read as follows: 7 -5.1.4 Where buildings are proposed in an area not meeting the hydrant spacing requirements, the owner or 15 i <ie tda item Nlo, 8C ebruary 13, 20107 Page 48 of 72 Agenda Item No. 8C February 13, 2007 Page 49 of 72 developer shall provide the number of hydrants prescribed by the fire official, under the terms of this section. xv) Add subsection 7 -5.1.5 to read as follows: 7 -5.1.5 Prior to development of new structures or fire protection systems, a fire flow tat in accordance with NFPA 291 shall be preformed by the fire district having jurisdiction. Such teats shall be completed no longer than six months prior to the submittal for permit. Calculations of the available fire Flow at a minimum of 20 psi residual shall be provided on the fire protection plan required by section 1 -18.2 or with the hydraulic calculation package submitted for fire protection system permits. Fire flow test reports shall be submitted on the official letterhead of the fire district having jurisdiction. xvi) Add subsection 7 -5.1.6 to read as follows 7 -5.1.6 Fire hydrants shall be provided for structures in accordance with NFPA 24 and shall be distributed so that the Needed Fire Flow determined by the fire official may be delivered. Hydrant locations and distances to proposed structures shall be indicated on the Fire Protection Plan required in section 1 -18.2 xvii) Add subsection 7 -5.1.7 to read as follows: 7 -5.1.7 Proposed single structure site developments within 1000 ft (304.8m) of existing water mains shall extend such mains so that the main sizes and hydrant locations comply with the provisions of this code. Measurement of the distance shall be along existing or proposed roads, street, driveways or fire lanes as applicable. Where no piped water supply exists within 1000 ft (304.8m) distance criteria, the requirements of NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting 1999 edition, shall apply. Proposed multi - structure site developments shall provide permanent fire protection water supply from a public or private utility system or construct a private engineered water system acceptable to the authority having jurisdiction and capable of delivering the required Needed Fire Flow specified in subsection7- 5.1.1 xviii) Add subsection 7 -7.1.4 to read as follows: 7 -7.1.4 All fire sprinkler systems shall be monitored by a UL listed Remote or Central station monitoring agency. Bmception No 1: One and two family dwellings mix) Add subsection 7 -7.1.5 to read as follows: 7 -7 -1.5 All fire sprinkler systems shall activate one or more monitored audiolvisual device located on the exterior of the building. The number and location of the device(s) shall be approved by the authority having jurisdiction. 16 Agenda item No. 8C "ebruary 13, 2007 Page 50 of 72 Exceplion: Single family dwellings (F) CHAPTER 13 COMMERCIAL COOKING EQUIPMENT (1) 13 -2 PORTABLE FIRE EXTINGUISHERS i) Amend subsection 13 -2.3 to eliminate the exception. Sea 58-28. Amendments to the Lire Safety Coda NFPA 101 Code for Safety to Life from Fire in Buildings and Structures, 2000 Edition, is amended as follows: (A) CHAPTER 4: GENERAL i) Add new subsection 4.8, "Use of Fire and Spark Producing Devices in Public Places" to read as follows: 4.8 Use of Fire and Spark Producing Devices in Public Places. ii) Add new subsection 4.8.1 to read as follows: 4.8.1. It shall be unlawful for any person to smoke, light or carry a lighted cigar, cigarette, pipe, match or use any spark, flame, or fire producing device not specifically authorized by the appropriate district or area fire chief or inspector in any of the following areas: I) In the board of county commissions chambers, and in all other public meeting rooms in the county courthouse complex, and administrative buildings, when a public meeting is in progress. 2) In any public theater, church, tent, motion picture house or other auditorium used for such shows or performance when the public gathers. 3) In any mercantile store which voluntarily elects, by and through the actions of its management, to be included within this section. This prohibition shall not apply to restrooms, restaurants, coffee shops, soda fountain counters, executive offices or beauty parlors in such mercantile stores. (B) CHAPTER 9: BUILDING SERVICE AND FIRE PROTECTION EQUIPMENT (1) SECTION 9.6 FIRE DETECTION, ALARM, AND COMMUNICATION SYSTEMS (I) GENERAL i) Add Subsection 9.6.1.10 to read as follows 9,6.1.10 The authority having jurisdiction may approve and shall have the authority to require listed manual fire alarm box covers or listed double action pull stations to be installed where manual fire alarm systems are susceptible to malicious false alarms. ro I (I1) OCCUPANT NOTIFICATION ii) Amend subsection 9 -6.3.8 to read as follows; 9 -6.3.8 Audible alarm notification appliances shall be of such character and so distributed as to be effectively heard above the average ambient sound level occurring under normal conditions ofoccupancy. Residential occupancies: Audible alarm indicating devices shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. The audible alarm indicating device sounding shall be measure a minimum of 70 decibels at the pillow height in all bedrooms. (2) SECTION 9.7 AUTOMATIC SPRINKLERS AND OTHER EXTINGUISHING EQUIPMENT SECTION 9.7.4 MANUAL EXTINGUISHING EQUIPMENT i) Amend 9.7.4.1 to read as follows: 9.7.4.1 Portable fire extinguishers shall be installed in all commercial and multi - family occupancy classifications in accordance with NFPA 10, The Standard for the Installation of Portable Fire Extinguishers. See. 53-29. Reserved. SECTION TWO: Repeal of certain no longer effective ordinances. The following Collier County ordinances, having been preempted by operation of state law, are hereby repealed and are no longer of any force or effect: Ordinance #'s 76-7, 92 -72, 98 -74, 99 -29, and 99 -47. SECTION THREE: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance are intended to become and to 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 to accomplish such, and the word "ordinance' may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Conflict and severance. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive provisions are intended to apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is deemed a separate, distinct and independent provision and such holding will not affect the validity ofthe remaining portion. Is Agenda Item No. 8C February 13, 2007 Page 51 of 72 Agenda Item No, 8C February 13, 2007 Fade 52 of 72 SECTION FIVE: Effective date. This Ordinance becomes effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier r County, Florida, this �.U, day of <DC7V1.r'L1 2002 ATTEST,: BOARD OF COUNTY COMMNUSSIONERS DWI GHj E. BROCY, Clerk COLLIER COUNTY, ORID :�� • /1 �. �� J/y/ BY: DeputyCl' Attest as to Chair'= A Chairman Approved as to fonn =iandt"egainly su r ' nc stn ice Thy: -di—e -Frill wirh rho Assistant County Attorney Secrereq re's Off4ce the iazat,,y 42Gr._, at""- 0,,d ock-., <- dg—ent of that filin ecerved this /J%' day of .= BY Attachment 4 Agenda Item No. 3C February 13, 2007 Page 53 of 72 EXECUTIVE SUMMARY OBJECTIVE: To obtain Board approval of local amendments to the Florida Fire Prevention Code by adopting an ordinance and directing staff to complete the process to make the amendments effective. CONSIDERATION: The State of Florida's adoption of the statewide Florida Fire Prevention Code on January 1*% 2002, brought with it a 'Sunset' provision, which effectively repealed the Collier County Fire Prevention and Protection Code created by local ordinance. Prior to the State adopting the statewide Florida Fire Prevention Code, Collier County had deemed it necessary to provide for specific local regulatory requirements In the Collier County Fire Prevention and Protection Code based on the particular needs of Collier County. In order to re- introduce the previous local regulatory requirements, the statewide Florida Fire Prevention Code also provide a procedure for local governments to adopt local amendments by ordinance. By directing staff to comply with the balance of the requirements for adopting local amendments to the . Fire Prevention Code, and adopting the proposed ordinance, the County would restore the level of fire protection deemed reasonable for Collier County and the affected Fire Districts. In addition to the local amendments, the proposed ordinance would also consolidate most of the Fire Code requirements for new development Into one regulation. This would simplify fire plan review by the County and the Fire Districts and ease the development community's compliance with the applicable regulations. The Development Services Advisory Committee has recommended approval of this ordinance. FISCAL IMPACT: By re- adopting the local amendments the County would largely re- create the previously effective regulations, which should not result in any overall fiscal impact. RECOMMENDATION: Approve the proposed Ordinance and direct staff to complete the process required to make it effective. n Prepared By: Reviewed Approved Date: / ' I ii" z C Date: n9 ! 9 e- Date: AGENDA il'E,M OCT 0 8 2002 Attachment 5 Agenda Item NJ 8C February 13, 007 Page 54 c f 72 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 December 4, 2006 Commissioner Thomas G. Cannon Chair, East Naples Fire Board 5089 Tamiami Trail E Naples, FL 34113 Re: Request to amend Collier County Ordinance 2002 -49, An Ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated area of Collier County, by replacing Section 58 -26, pertaining to adopted standards and codes of the National Fire Codes published by the National Fire Protection Association (NINA) replacing Section 58 -27 pertaining to amendments to adopted fire codes, specifically NFPA 1, 2002 edition; replacing Section 58 -28, pertaining to amendments to the adopted life safety code, specifically NFPA 101, 2002 edition, reserving Section 58 -29; repealing certain ordinances; providing for the inclusion in the Code of Laws and Ordinances; .. providing for conflict and severability, and providing an effective date. Honorable Mr. Cannon: On November 28, 2006 during the Board of County Commissioners (BCC) regular meeting, while discussing issues associated with Item 16E3, recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000, the Board directed staff to review, amend and update as required Ordinance 2002 -49. As with any ordinance involving permitting and construction activities, 1 request that the amendment be vetted through the Development Services Advisory Committee (DSAC) and that representatives of the Collier Building Industry Association (CBIA) are notified prior to scheduling the ordinance for Board review and approval. In addition, with this revision, pursuant to Statute 633.0215(3), we respectively request that prior to adoption by the Board the fire district submit the proposed amendment to the State Fire Marshal for review and for a recommendation as to whether it should become part of the Florida Fire Prevention Code applicable only to the incorporated and unincorporated areas of Collier County. I note that the Board's discussion centered on objections to the mandates specified in Section 7 -5.1.1 which required the installation of a fire sprinkler suppression system in the Courthouse Annex Parking Garage. LJ Agenda Item No February 13, 2 Page 55 o Page 2 Thomas Cannon December 4, 2006 I respectfully ask that you advise this office of the schedule for reviewing and, if needed, amending this ordinance so that I can schedule fora future BCC meeting. If you have any questions or need additional assistance, please call me at 774 -8383 or Joe Schmitt, Administrator, Community Development and Environmental Services Division at 403 - 2385. Sincerely, rr James V. Mudd County Manager cc: Leo Ochs, Deputy County Manager Joseph K. Schmitt, CD &ES Administrator Bill Hammond, Director, Building Review and Permitting Ed Riley, Chief, Fire Plan Review 8C 07 72 2140469 OR: 2274 PG: 11354 Attachment 6 Agenda Ilea No. 8C I TO THE BOARD RBCORDBD in the OFFICIA1 RECORDS of COLLIIR COU1Ti, FL Febru. ry ' 3, 2 D)7 ROFFICB 4TH FLOOR 01/22/97 8t I1:l0AW DWIGHT B. BROCK, CL11L COPIR9 1C "6�9e �� of t 7240 INTERLOCAL AGREEMENT This Interlocal Agreement ( "Agreement ") is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY," and the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control District, East Naples Fire Control and Rescue District, Ochoppee Fire District, Isle of Capri Municipal Rescue and Fire Services Taxing District, and the Marco Island Fire Control District, hereinafter collectively referred to as the "FIRE DISTRICTS." WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and, WHEREAS, the COUNTY and the FIRE DISTRICTS are public agencies, within the meaning of the Florida Interlocal Cooperation Act and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and, WHEREAS, Section 553.79(2), Florida Statutes, requires review and approval, by both the building official and the appropriate fire inspector, of plans and specifications for the construction, erection, alteration, repair or demolition of any building before a permit for such work may be issued; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and duties hereinafter set forth, the COUNTY and the FIRE DISTRICTS formally covenant, agree and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high - quality fire plan review and fire inspection process for new construction, construction projects and existing structures within the boundaries of the FIRE DISTRICTS by delineating the responsibilities of the COUNTY and the FIRE DISTRICTS in order to enhance service to the citizens of Collier County. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ADMINISTRATIVE DISTRICT - North Naples Fire Control and Rescue District. ASSISTANT FIRE CODE OFFICIAL - An individual who is employed by one of the FIRE DISTRICTS, and who serves in the absence of the Fire Code Official pursuant to this agreement. 1 OR' 2274 PG' � °n a Item loo. 8C uary 13, 2007 Page 57 of 72 BOARD - The Collier County Building Board of Adjustments and Appeals as established in Division 5.4 of the Collier County Land Development Code. BUILDING CODE- The Code adopted as the Collier County Structural/Building Hurricane Code, Ordinance No. 96 -26, as it may be amended or superseded. BUILDING OFFICIAL - The Collier County Building Review and Permitting Director or his designee. COUNTY - The general purpose government of Collier County, which is a political subdivision of the State of Florida. FIRE CODE - The Collier County Fire Prevention Ordinance, Ordinance No. 92 -72, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standards set forth in Chapter 633, Florida Statutes and any successor or amendment thereto during the life of this Agreement. FIRE CODE OFFICIAL - The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the following duties: I . The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code; 2. The establishment and maintenance of fire inspection criteria to assure that the Fire Code is consistently applied throughout the COUNTY; 3. The performance of timely and appropriate inspections of permitted buildings for compliance with the Fire Code and building plans approved for Fire Code compliance; 4. The performance of statutory functions of the Fire Marshal and Fire Code Official for new construction; and, 5. Providing Collier County with assistance in updating the Fire Code and related ordinances. FIRE DISTRICTS - The independent fire control and rescue districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Marco Island and the dependent districts of Ochopee and Isle of Capri. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this OR; 2274 PG; . a Item No. 8" ruary 13, 2007 Page 58 of 72 Agreement may refer to the Fire Code Official, the Assistant Fire Code Official or a Fire Inspector employed by one of the FIRE DISTRICTS. NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair or demolition of a building. SECTION THREE: Administration of Fire District Duties. In order to implement their duties and obligations under this Agreement, the FIRE DISTRICTS have entered into separate interlocal agreements with the Administrative District. The FIRE DISTRICTS represent to the COUNTY that the Administrative District is authorized by these interlocal agreements to employ personnel, lease office space, receive payments, disburse funds, and otherwise operate to represent the FIRE DISTRICTS and administer the FIRE DISTRICTS' duties under this Agreement. The COUNTY, based upon the FIRE DISTRICTS' representations, agrees to recognize the Administrative District as the FIRE DISTRICTS' agent for the implementation and administration of this Agreement. SECTION FOUR: Qualifications of Fire Code Official and Assistant Fire Code Official. The FIRE DISTRICTS agree to provide a Fire Code Official and an Assistant Fire Code Official. The Fire Code Official shall have the following qualifications: 1. A minimum of ten (10) years experience reviewing construction plans for Fire Code compliance. A combination of training and experience may be considered. 2. A Fire Protection Engineering Degree is preferred, but an otherwise qualified candidate with an Associate Degree in Fire Science or Fire Administration with a combination of additional training and experience is eligible for the position. 3. Fire Service experience including fire district operations and fire prevention is desired. 4. Experience in National Fire Protection Association codes and Model Code interpretation and enforcement. 5. Certification as a Florida Municipal Fire Inspector. 6. Managerial skills that can be demonstrated either by experience or training. 7. The ability to provide a precise, technical and timely examination of construction plans and specifications for the purpose of determining adequacy of fire and life safety features. OR: 2214 PG: 1351Agenda Item No, 8C February 13, 2007 Page 59 of 72 8. All legally required licenses and certifications to fulfill his or her duties as outlined in this Agreement including, but not limited to, all licenses and certifications that may be required by Section 553.79 and Chapter 633, Florida Statutes, as amended from time to time. The ASSISTANT FIRE CODE OFFICIAL shall meet the minimum qualifications set forth in paragraphs 3 -8 above, and must have a minimum of five (5) years experience reviewing construction plans for Fire Code compliance. It shall be the responsibility of the Administrative District to ensure that the Fire Code Official and Assistant Fire Code Official have and maintain the qualifications outlined in this section. SECTION FIVE: Fire Plan Review Procedure. The Fire Code Official shall review the building construction plans and specifications of all new construction and construction projects, except for one and two family dwellings, for compliance with the Fire Code. 1. The COUNTY shall provide copies of all commercial and multi - family building permit applications with plans and specifications as submitted by the applicant. The Fire Code Official shall review such applications by the end of the 3' working day following the day the building permit application is received. Single family and duplex residential plans shall not be part of the fire plan review process. 2. The Fire Code plan review shall be performed by the Fire Code Official while COUNTY staff is reviewing separate copies of the building plans for compliance with the Building, Plumbing, Mechanical, and Electrical Codes and performing other reviews that are performed by COUNTY staff. 3. After completing his review, the Fire Code Official shall submit the reviewed plans along with his comments to the COUNTY for the COUNTY'S review and to assure consistency with the Building Codes (Plumbing, Mechanical, Building and Electrical Code). Any inconsistencies shall be resolved pursuant to Section Ten of this Agreement. 4. After the construction plans have been reviewed and approved by the COUNTY and Fire Code Official, the Fire Code Official shall deliver one (1) copy of the plans to the particular Fire District in which the construction is to occur. The Fire District hereby agrees to critique, with respect to the Fire Code, the review of the plans by the Fire Code Official. OR: 2274 PG: 135Lgenda item No. BC February IT 2007 Page 60 of 72 5. The Fire District shall, within three (3) working days after receipt of the plans, notify the Fire Code Official of any objections or continents the Fire District may have with regard to review and/or modifications of the plans. SECTION SIX: Required Inspections and Fees. 1. Inspections Durine Construction of Buildings The FIRE DISTRICTS agree to perform the following inspections during construction of buildings and the COUNTY agrees to pay the Administrative District at the rate provided in Collier County Resolution No. 95 -642, and any amended or successor resolution, for the inspections. Unless otherwise noted herein, the current rate is $.012 per square foot of gross floor area for buildings less than 75 feet in height and $.017 per square foot of gross floor area for buildings 75 feet in height and above. (a) Fire stopping / Draft stopping (1) At 6- (g) (h) (i) G) (k) (5) Locks (6) Operation Emergency Lighting (1) Type (2) Location (3) Operation Trash Chute (1) Location (2) Rating (3) Sprinklers in chute (4) Sprinklers in trash room (5) Height at roof Emergency Generator Operation Elevator Operation During Alarm Fire Department Access (1) Fire lanes (2) Turning radius (3) Obstructions Notice of Compliance Inspection Stand Pipes (1) Fire hose cabinets aa) Location bb) Fire hose i) Location ii) Type iii) Length iv) Nozzle (2) Pressure test (3) Location (4) Location of fire department connection (5) Roof manifold aa) Location bb) Pressure OR; 2274 PG; 1358nda Item No. 8C February 13, 2007 Page 61 of 72 OR; 2274 PG; 1360agenda Item No. 8C February 13, 2007 Page 62 of 72 (n) Fire Pump (1) Type (2) Size (3) Valves (4) Flow switches (5) Tamper switches (6) Location (7) Operation W Fire Alarm OR: 2274 PG: 1161nda Item No, 8C February 13, 2007 Page 63 of 72 2 Construction Proiect Inspections. The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees to pay the Administrative District at the rate provided in Collier County Resolution No. 95 -642, and any amended or successor resolution, for the inspections. (a) Fire Sprinkler System Installations The following inspections shall be performed at the rate of $.58 per sprinkler head: (1) Pressure test (2) Pressure test after 2 hours (3) Location of head (4) Type of heads (5) Fire department correction (6) Location of fire department connection (7) Gauges (8) Operation (9) Notice of compliance inspection (b) Hood System Installation or Spray Booth Installation The following inspections shall be conducted on kitchen hood systems or spray booths with dry chemical, carbon dioxide or halon systems at the rate of $5.00 per head: (1) Piping (2) Heads - location (3) Size (4) Type (5) Service tag (6) Fan (7) Height (8) Clearances (9) Operation (10) Notice of compliance inspection (c) Flammable Liquids and Gas Tank Installations The following inspections shall be performed at the rate of $39.00 for the first 5,000 gallons and $16.00 for each additional 20,000 gallons or any fraction thereof: (1) Location (2) Anchoring 8 OR; 2274 PG; 136Zg nda Item fro. 8C February 13, 2007 Page 04 of 72 (3) Piping (4) Notice of compliance inspection (d) Fire Hydrant Installations The following inspections shall be performed at the rate of $23.00 per hydrant: (1) Thrust block inspection (2) Type (3) Height from streamer to ground (4) Threads (5) Location (6) Access (7) Notice of compliance inspection (e) L. P. Gas Installations The following inspections shall be performed at the rate of $36.00 for all tanks or tank systems greater than 24 gallon capacity or 100 pounds liquefied petroleum (L.P.) gas capacity and $14.00 for each additional 20,000 gallons or any fraction thereof: (1) Location (2) Anchoring (3) Piping (4) Notice of compliance inspection (f) Minimum Fire Inspection Fee A minimum fee of $32.00 shall be charged for each inspection. 3. Re- inspection fees. The COUNTY shall pay the Administrative District in accordance with the Collier County re inspection fee schedule found in Collier County Resolution 95 -642, and any amended or successor resolution, for every properly documented reinspection conducted by the FIRE DISTRICTS. 4. Certificates of Occupancv. No Certificate of Occupancy shall be issued until a determination is rendered by the Building Official, or his designee, that the construction is in compliance with the Collier County Building Codes (Plumbing, Mechanical, Building and Electrical Code) and a Notice of Fire Compliance has been issued by a FIRE DISTRICT. OR; 2274 PG; 1363 Agenda Item No. 8C February 13, 2007 Page 65 of 72 5 Collection and Disbursement of Inspection Fees. The COUNTY shall be responsible for the collection and disbursement of fees to the Administrative District, including building plan review, fire inspection fees and fire reinspection fees, based upon information provided by the Fire Code Official and the FIRE DISTRICTS. Disbursement to the Administrative District shall occur by the twentieth (20') working day following the last day of the calendar month in which the fees were collected. SECTION SEVEN: Required Inspection for Existing Structures. The FIRE DISTRICTS agree to perform the following inspections on existing structures within their districts at no charge to the COUNTY. These inspections to be performed include, but are not limited to, the following types of inspections: (a) Fire Extinguishers (1) Type (2) Size (3) Location (4) Height (5) Service Tag (b) Means of Egress (1) Fire Rating (2) Doors (3) Emergency Lighting (4) Obstruction (5) Travel Distance (c) Fire Sprinkler- (1) Existing Fire Sprinkler Systems shall be inspected per NFPA 25. (d) Fire Alarms (1) Manual Pull Stations Locations (2) Smoke Detector Locations (3) Heat Detector Locations SECTION EIGHT: Position Funding. The position of the Fire Code Official shall be funded by the current funding operation. The current funding arrangement is that the fire plan review fee, which is equal to 15% of the 10 OR. 2214 PG; 1364 Agenda Item N0.16C February i3. 7jb07 Page 66 ot 72 ui ng ( structura portion) permit fee, is collected by Collier County in accordance with Collier County Resolution No. 95 -642, and any amended or successor resolution. The fire plan review fees shall continue to be collected by Collier County and forwarded to the Administrative District in the appropriate amount. The Administrative District shall utilize these funds to support the budget for the Fire Code Official. SECTION NINE: General. 1. The Fire Code Official shall represent all independent and dependent FIRE DISTRICTS in Collier County which are parties to this Agreement. 2. The COUNTY shall provide rental space within the Development Services building for the Fire Code Official to conduct his duties. Said rental space shall be provided in accordance with the Lease Agreement dated 7,1,9 9Z entered into between Collier County and the North Naple ire Control and Rescue District, which Lease is attached hereto as Exhibit "A." Said Lease Agreement addresses the amount of rent to be paid to Collier County for the Fire Code Official's office in the Development Services building and also addresses issues such as access to the COUNTY'S computer system, office equipment and telephone system, as well as the provision of secretarial support to the Fire Code Official. 3. The FIRE DISTRICTS shall provide an Assistant Fire Code Official for the Fire Code Official when he is unable to perform his duties for more than two (2) consecutive days. 4. The Fire Code Official's office shall be open during the normal business hours of other offices in the Development Services building. 5. The FIRE DISTRICTS shall provide Fire Safety Inspectors, in accordance with Chapter 633, Florida Statutes, to perform the required fire inspections listed in Section Six of this Agreement. The FIRE DISTRICTS need not provide certified firesafety inspectors to perform inspections of existing structures pursuant to Section Seven of this Agreement; however, these inspections shall be performed by appropriately trained personnel of the FIRE DISTRICTS. 6. The COUNTY shall provide the necessary enforcement authority for the FIRE DISTRICTS to conduct plan review and inspections for new construction. 7. The FIRE DISTRICTS agree to continue to enforce the Fire Code on existing buildings and when violations are found the FIRE DISTRICTS, or any one of them, shall pursue enforcement through the Collier County Code Enforcement Board, State Attorney, or other agencies as allowed by law. The FIRE DISTRICTS, or any one of them, shall prepare and present the case to these 11 OR: 2274 PG: 1365 �Februuary 13 20 7 Page 67 of 72 agencies, perform all follow -up investigations and provide any necessary documentation for future action by the FIRE DISTRICTS, or any one of them, with the agency involved. 8. The COUNTY shall adopt the Fire Code(s) required by Florida Statutes and shall review amendments requested by the FIRE DISTRICTS. The Fire Code Official shall be an employee of the Administrative District and subject to the personnel policies and rules of the Administrative District. The Assistant Fire Code Official shall be an employee of one of the FIRE DISTRICTS and subject to that Fire District's personnel policies and rules. In no event is the COUNTY intended to stand in an employer- employee relationship with either the Fire Code Official or Assistant Fire Code Official. SECTION TEN: Conflicts and Appeals. 1. In the event of a conflict between the applicable minimum Building Code and the applicable minimum Fire Code, it shall be resolved by agreement between the Building Official and the Fire Code Official in favor of the requirement of the code which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction. 2. In the event that the Building Official and Fire Code Official are unable to agree on a resolution of the conflict between the applicable minimum Building Code and the applicable minimum Fire Code, the Building Official shall render a temporary decision to resolve the conflict. ` 3. An applicant for a building permit may appeal any decision made by the Fire Code Official and the Building Official or any temporary decision made by the Building Official to the Board in accordance with the procedures stated in Division 5.4 of the Collier County Land Development Code. Should construction continue during the appeal of a decision or temporary decision, it shall be at the risk of the contractor or permit holder. 4. All decisions of the Fire Code Official and/or the Building Official and all decisions of the Board shall be in writing. Decisions of general application shall be indexed by Building and Fire Code sections and shall be available for inspection at the COUNTY'S Development Services building during normal business hours. 5. In the event a conflict of code or interpretation develops between the Fire Code Official and a representative of one of the FIRE DISTRICTS, the conflict shall be resolved by a committee of five (5) members to be know as the Fire Board of 12 OR: 2274 PG: 1 c braa�y 1 2007 Paae 58 of 72 Adjustments and Appeals. The persons on this committee shall be members of the Collier County Fire Marshals Association ( "CCFMA "). The President of the CCFMA shall appoint the members to serve on any such committee and they shall operate in accordance with the procedures attached as exhibit "B ". Each committee member shall have one (1) vote and any decision shall be rendered by majority vote. All decisions of this committee shall be in writing and mailed to each Fire District, the Fire Code Official and the Building Official. 6. Major field modifications shall be directed thru the Fire Code Official's office by way of a revision process. SECTION ELEVEN: Notices. Any notice made pursuant to this Agreement by the COUNTY to the Administrative District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: North Naples Fire Control and Rescue District, 1441 Pine Ridge Road, Naples, Florida 34109. All invoices and payments shall be sent to the North Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement by the Administrative District to the COUNTY shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: Neil Dorrill, County Administrator, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112 with a copy to Vincent A. Cautero, Administrator, or his successor, Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. Any notice required to be provided to any FIRE DISTRICT shall be mailed to the Chief of the Fire District at the fire station in which his office is located. SECTION TWELVE: Term and Termination. The Agreement shall remain in effect until terminated by either the COUNTY or the Administrative District. The COUNTY or the Administrative District may terminate this Agreement with or without cause by providing written notice to all other parties to this agreement. Such termination shall be effective forty -five (45) days from receipt of such written notice. If an independent or dependent Fire District that is a party to this Agreement wishes to withdraw from this Agreement, it shall provide written notice of its withdrawal to the COUNTY and the COUNTY shall have forty-five (45) days to give notice of termination to the Administrative District if the COUNTY wishes to terminate this Agreement. If no such termination notice is delivered by the COUNTY, this Agreement shall be deemed modified to exclude the — withdrawing district. 13 OR: 2274 PG: SECTION THIRTEEN: Entire Agreement and Amendment of this Agreement. Anda Item Na.' 8C 13�� February 13, 2007 Page 09 o 72 This Agreement contains the complete and entire understanding of the parties. Other than as stated in Section Twelve, this Agreement may only be amended by a written instrument duly executed by the parties with the same formalities as the original. SECTION FOURTEEN: Termination of Prior Interlocal Agreements. Upon the effective date of this Agreement, all prior Interlocal agreements between the COUNTY and the FIRE DISTRICTS on the same subject shall be terminated. SECTION FIFTEEN: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the official records of Collier County, Florida. SECTION SIXTEEN: Effective Date. This Agreement shall become effective upon its execution by the COUNTY and the FIRE DISTRICTS and its filing in the Official Records of Collier County, Florida. IN WITNESS WHEREOF, this Agreement was signed, sealed and witnessed on the respective dates set forth below. ATTEST: DWIGHT E. BROICK, Cler fA k L tress Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DATE: NORTH NAPLES FIRE CONTROL and RESCUE DISTRICT By: Chairman Date: %/ Z—/ V %&1 OR: 2274 PG: GOLDEN GATE FIRE CONTROL and RESCUE DISTRICT By:___L4'��7 Witness Chairma44 Date:_ // 4 /96 Witness l , Witness C� itn0s9 ��pp i 130-ienaa Item Pao. SC February 13, 2Q07 Page 70 172 72 BIG CORKSCREW ISLAND FIRE CONTROL and RESCUE DISTRICT L By: Chairr Date:_ 1(L c, 11/1211? IMMOKALEE FIRE CONTROL DISTRICT -*itness By: Chairman Date:_.. 1k' Witness Witness Witness EAST NAPLES FIRE CONTROL and RESCUE DISTRICT Chairman Date: t 1- k z- 9 I— MARCO ISLAND FIRE CONTROL DISTRICT By:� Chairman 1 ATTES'f:P, ` -y DWIGHT, E BROOK; Clerk ..le-� ATTEST: V� k DWIGHT E. BROOK, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1 1 I OR: 2274 PG: 1369 "nda Item No. SC February 13, 2 07 Page 71 0 72 Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BOARD OF THE OCHOPEE FIRE DISTRICT 1 .� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF THE ISLE OF CAPRI MUNICIPAL RESCUE AND FIRE SERVICES TAXING DISTRICT Date: r ORDINANCE NO. 2007 — AN ORDINANCE REPEALING, IN ITS ENTIRETY, ORDINANCE NO. 2002 -49, AS AMENDED, THE COLLIER COUNTY FIRE PROTECTION AND PREVENTION CODE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October S, 2002, the Board of County Commissioners of Collier County, Florida (`Board ") adopted Ordinance No. 200249, establishing local, more stringent amendments to the National Fire Code and Life Safety Code; and WHEREAS, in light of recent enforcement action, the Board has determined that it is no longer in the public interest to continue to require more stringent firesafety standards, and to return to the standards set forth in the National Fire Code and the Life Safety Code adopted by the State Fire Marshal, which codes by State law are deemed adopted by Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: REPEAL OF ORDINANCE NO. 2002-49, AS AMENDED. Collier County Ordinance No. 2002 -49, as amended, is hereby repealed in its entirety. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be re- numbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any 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 FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2007. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Ap Wee. o fo d legal sufficiency: fe tzkow Ian .n ssistant County Attorney JAMES COLETTA, Chairman Agenda ftem Igo. 3C February 13, 2007 Page 72 of 72 .— Agenda Item No. 3A February 13; 2007 EXECUTIVE SUMMARY page 1 of 43 APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on October 1. 2007 (plus a full term, expiring on October 1, 2010) and October 1, 2009, to the Affordable Housing Commission. CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91 -65 as amended to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. The Board of County Commissioners will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county -at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. Terms are 3 years. A list of the current membership is included in the backup. Dr. Samuel J. Durso resigned on October 11, 2006 and Ms. Laureen Mary Owens resigned on November 7, 2006. A press release was issued and resumes were received from the following 13 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Jack Bachmann Real Estate 4 Yes None John Barlow Safelite Auto Glass 4 Yes Productivity Committee Henry Holzkamper Owner Affordable Apartments 3 Yes None Robert Kantor Mortgage Industry 4 Yes None Arnold Karp Finance & Property Mgmt 2 Yes None Angela Lanetot Attorney 2 IH None Charles Martin Real Estate Developer 4 Yes Code Enforcement Board Black Affairs Advisory Bd Floodplain Mgmt Plan Comm Matthew Nelson Project Manager 5 Yes None James A. Pusateri Attorney & Judge 1 Yes None John J. Schantz Retired Builder 4 Yes None Dona Schrim Realtor 2 Yes None Donald Spanier Developed Affordable Housing 2 Yes Pelican Bay Services Div. Bd. Brenda Talbert CBIA 1 Yes None COMMITTEE RECOMMENDATION: James Pusateri — term expiring October 1, 2009 John Barlow — term expiring October 1, 2010 Agenda Item No. 9A February 13, 2007 Page 2 of 43 NOTE: Section Five (D) of Ordinance 2001 -55 states that "No person shall serve on more than two County Boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. According to my records Mr. Charles Martin currently serves on the Code Enforcement Board, The Black Affairs Advisory Board and the Floodplain Management Planning Committee. If Mr. Martin is appointed the Board will have to waive Section Five (D) of the ordinance. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 13, 2007 Agenda Item No 9A February 13. 2007 Page 3 of 43 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: DA Item Summary: Appointment of members to the Affordable I-IOUsirg Commission Meeting Date: 2!13!200" 9.00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 111912007 10:10:18 AM Commissioners Approved By James V. Mudd County Nanager Date Board of County County Manager's Office 1/29/2007 1:20 PM Commissioners <�� . o ,L p N O Y L M cz O � L sLL Q O O O U L W LLI W U W— m 1D CL o L Q �. W O Z' C > ` m co H O Q 0 0 CD a c v a c K m c o m m Q c O e4 ma c c m °� E ° N w n m m E a cc c w is m `o o 0 m 3 c Q O W e c m L ° m m E m m > c n� v� O W ,i E a a Q D U Q N a m « Q a T -- c z o ° c a: a m m m m W W O o �` m m « 0 aWi m Q =W W= vi O CD > W Z ° �g aU U z Q = > V ai W } W } W } W W } W >- W > W IV W } W 4) co 4) N Q) V, a } a a Q z o _.. ��V//♦� V♦ 0 � �h c� et cm N .- N N .- N C .0 (off �+ cc m Z L N m w > U V L m Z > > j O m a W v z O d'O Z � p0 JO 70 CD �O Or �� CM 30 Uo JO U•N- e- Nr m t:: c r- >r�i E >� OF -W N a Q �— c � �� t— i° m— � W— � Q— tL V) V) L can W— > LL O-j t LL QJ �-i Q J vM -� v xm _Cb _4 c a� _ U W L S W = C7 W O Z W N U W LL � f7 W � LL p U V1 s tL Uf U LL Q. W T N — 2 G_f m � — c� O O � — v Q m m — N Q. m � d m N — N n m N — N a m — — P- d d 0 O W I r. a a W N a O W W � °iZ i! mZ NZ C-4Z oZ NZ ca mZ co vZ -Z co �Z oZ to co NZ J � m � t- � Q m LL' o a o W a s O c �E y `„ N LL cc ts CD to d E V W O W O = W Y Y J Z 3 d t v L v co W t- Q m m �' C W W ID m W co V% C W u = 4 m G y m E c co a0 U c I co 0 E m V O 7 tt� 7 - C6 ii C -C Q Agenda item No. gA February 13, 2007 Page 6 of 43 Affordable Housing Commission Name Work Phone ApptV Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Dr. Samuel J. Durso sty 775 -0036 10/26/04 891 Partridge Ct.. /t�� 642 -5750 Marco Island, FL 34145 E -Mail: sdurso @hfncoffier.com District: 1 Category: Habitat for Humanity Mr. William R. Cadwallader 11/13/01 1090 Egrets Walk Circle 514 -4082 10/26/04 Naples, FL 34108 E -Mail. District. 2 Category: Attorney/Business Administration Mr. George R Smith 226 -7479 09/12/06 509 Courtside Drive 263 -4434 Naples, FL 34105 E -Mail: District. 3 Category: Rloanarranger @aol.com Ms. Esmeralda Serrata 657 -3649 05/24/05 603 Nassau Street, Apt. 4 657 -5838 Immokalee, FL 34142 E -Mail: cchafl@aol.com District. 5 Category: Collier County Housing Authority Ms. Laureen Mary Owens d 530 -5316 03/28/06 2308 Elizabeth Court f5,OV 775 -6067 Naples, FL 34112 f (' � E Mail: LaurieLLL @aol.com District. 1 Category: Nonprofit Organization Thursday, September I4, 2006 Page I of 10/01/07 10/01/04 10/01/07 10 /01 /09 10/01/08 10/01/09 3 Years 3 Years 3 Years 3 Years 3 Years 3 Years Agenda Item No. 9A February 13, 2007 Page 7 of 43 Affordable Housing Commission Rork Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Larry H. Fleming 659 -6464 05/09/06 04/18/09 3 Years 563 Park Shore Drive 434 -2120 Naples, FL 34103 E -Mail: NaplesRealEst @aol.com District. 4 Category: City Ms. Mary Strutz 11/19/03 11/18/06 3 Years 271 Aqua. Court, P.O. Box 1646 263 -0697 / /' /,-o Ca Naples, FL 34102 E Mail: District. 4 Category: City Mr. Kenneth Kelly 435 -0014 03/28/06 10/01/07 1+ Year 4260 16th Street, N.E. 3542021 Naples, FL 34120 Entail: ken@kellyroofing.com District. 5 Category: Roofing Contractor - Resides East of 951 Ms. Christine D. Straton 05/24/05 10/01/07 2 + Years 4260 Montalvo Court 597 -8849 09/12/06 10/01/09 3 Years Naples, FL 34109 E -Mail: chrisstraton @yahoo.com District: 3 Category: COUNTY - REGULAR Thursday, September 14, 2006 Page 2 of 3 A.genca item loo. 9.A :ebruary 13.2037 Page 8 of 43 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndEVDate 2nd Term This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. Amended by Ordinance No. 2005 -69: the BCC will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county -at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. On 12/14104 the BCC adopted Ordinance 200477 to add 1 Alternate member to be appointed by the BCC. The Altemate member shall serve in a voting capacity only when a regular member is absent from a meeting. On December 13, 2005, the BCC approved Ord. No. 2005 -69 changing the composition of the committee, 9 members and 1 alternate. The BCC will appoint 8 members, including the alternate (2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee) and the City of Naples will appoint 2 members. C Jessica Rosenberg, Deputy City Clerk 213 -1015 FL STAT none Staff.- Cormac Giblin, HUI: 403 -2336 � _ _ .._. i... Thursday, September 14, 2006 - �_ Page 3 of 3 DATE: TO: FROM: RE: Agenda Item No. 9A -- February 13. 2007 - -- _ Page 9 of 43 MEMORANDUM - November 17, 2006 Elections Office Sue Filson, Executive Manager Board of County Commission 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. AFFORDABLE HOUSING COMMISSION COMMISSION DISTRICT Jack J. Bachmann 1942 Kingfish Road Naples, FL 34102 John Barlow 4351 Gulf Shore Blvd., N. #19N Naples, FL 34103 Henry Holzkamper 6435 Highcroft Drive Naples, FL 34119 Robert C. Kantor 2245 Pine Woods Circle Naples, FL 34105 Arnold L. Karp 2326 Cheshire Lane Naples, FL 34109 Angela M. Lanctot 814 105th Avenue, N. Naples, FL 34108 Charles L. Martin 2222 Gulfshore Boulevard, N. Naples, FL 34102 Agenda Item No. 9A February 13, 2007 Page 10 of 43 Matthew Nelson 7622 Novara Court Naples, FL 34114 James A. Pusateri 4971 Cerromar Drive Naples, FL 34112 John J. Schantz 190 13'h Avenue, S. Naples, FL 34102 Dona Schrim 7513 Cordoba Circle Naples, FL 34109 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Brenda Talbert 2160 Piccadilly Circus Naples, FL 34112 Thank you for your help. Agenda Item No. 9A February 13, 2007 MEMORANDUM Page 11 of 43 DATE: November 17, 2006 TO: Cormac Giblin, HUI Manager FROM: Sue Filson, Executive Manage 1 Board of County Commission RE: Affordable Housing Commission As you know, we currently have vacancies 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: Jack J. Bachmann 1942 Kingfish Road Naples, FL 34102 John Barlow 4351 Gulf Shore Blvd., N. #19N Naples, FL 34103 Henry Holzkamper 6435 Highcroft Drive Naples, FL 34119 Robert C. Kantor 2245 Pine Woods Circle Naples, FL 34105 Arnold L. Karp 2326 Cheshire Lane Naples, FL 34109 Angela M. Lanctot 814 105th Avenue, N. Naples, FL 34108 Charles L. Martin 2222 Gulfshore Boulevard, N. Naples, FL 34102 Matthew Nelson 7622 Novara Court Naples, FL 34114 Agenda tern No, °A February 13, 2007 ?age 12 of 43 James A. Pusateri 4971 Cerromar Drive Naples, FL 34112 John J. Schantz 190 13th Avenue, S. Naples, FL 34102 Dona Schrim 7513 Cordoba Circle Naples, FL 34109 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Brenda Talbert 2160 Piccadilly Circus Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the 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 Agenda Item No. 9A February 13, 2007 Page 13 of 43 f lson s Wrom: AmoldSandra nt: Monday, November 06, 2006 9:22 AM o: filson_s Subject: Jack J. Bachmann Attachments: Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile) Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 7744097 or email to suefdson @coliiergov.net Your Name: (Please type your name as it appears on your Jack J. Bachmann voters registration) Home Address 1942 Kingfish Road City Naples ZIP Code 34102 Home Phone (Ex. 239- 417 -4371 49 9- 555 -5555) Business Phone (Ex. 239- 253 -6360 239- 555 -5555) Fax (Ex. 239 -555 -5555) 239 -417 -1378 E -mail Address (Important: In order to recieve a copy of your jbach79949@aol.com application you must enter a valid E -mail address.) Place of Employment Overbrook, L.P. How long have you lived in Collier 5 -10 Years County? Have you ever been convicted of any offense against the law? No If yes, explain: Not answered Are you a registered voter in Collier County? Yea '-'*ard or Committee Applied for: Affordable Housing Category (If Applicable): (Example: Commission District, Developer/Manager Developer Environmentalist, laitizen At- Large, etc.) Do you currently hold public office? No If yes, what office do Not answered you hold? Do you now serve, or have you ever served on a Collier County board or committee? Yes No If yes, please list the Not answered boards / committees: Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Church board and volutteer at DAS Agenda Item No. 0A February 13, 2007 Page 14 of 43 �ucation: Degree in Business Administration from Washington Univerity, St. Louis, Missouri. Major in marketing and a minor in finance Experience / Background: Developer, construction, and management of real estate for 40+ years. We have doen LIHTC projects in Collier Count and the St. Louis, Missouri MSA n 2 filson_s From: advisoryboards@colliergov.net • Sent: Friday, October 27, 2006 7:16 PM To: filson_s Subject: New On -line Advisory Board Application Submitted. Page 1 of 2 Agenda Item No. 9A F=ebruary 13, 2097 Page 15 of 43 FRight -dick here Board of County Commissioners Right -click here to download pic to download 3301 East Tamiaml Trail_ _�__.._._.- _...- .______________ Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 October 27, 2006 Application for Advisory Committees / Boards Name: John Barlow Home Phone: 239 - 649-6380 Home Address: 4351 Gulf Shore Blvd. N. Residence 19N City: maples Zip Code: 34103 '-" 10 Fax Number: 239 -649 -6378 Business Phone: 239 -649 -6380 Email Address: johnbarlow @ierivage.net Place of Employment: retired How long have you lived in Collier County? 5 -10 years IOVC b9zen convicted of any offense against the law? No epic v�u o icuia u ri a�ici ill vviiici va�ui�av i r: %w:iiu z va+�uunaacc .- .ua%..caa zas.. /-+In ii -- i iiri via icur✓i"v: iii ' uvuiiiuui'% / Iv+. liu+n ll/rzil+nl +riirV iii+?+i VL VVi! Vii.ic.zazV ■Iaf.Y Vij alINC aI1 ..4GZ er+l Do you now serve, or have you served on a Yes Collier County board or committee? ii +.00 �aio'aasa iiri inp i+r, �..ic i ri+mmii'nav' ..t . ^.. :li.. nlil n lel�lilizc?i +n li/c? i �iiniii�.iiwiiii +.+nluiulit -r • • • 1 0/30/2006 Please list your community activities: Productivity Committee Education: B.S. Florida Southern College, Lakeland, Florida University of South Florida, Temple Terrace, attended not graduated MBA Experience / Background: President and CEO, SAfelite Auto Glass, Columbus, Ohio President of Western Auto Stores, Kansas City Missours Agenda Item f-a. 9A February 13, 2007 Page 16 of 43 Agenda Item No. 9A February 13; 2007 Page 17 of 43 filson s AmoldSandra nt: Monday, November 06, 2006 9:20 AM o; filson_s Subject; Henry Holzkamper Attachments: Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile) Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 77441097 or email to suefilson @coIIiergov.net Your Name: (Please type your name as it appears on your Henry Holzkamper voters registration) Home Address City Naples ZIP Code 34119 Jkome Phone (Ex. 239 -555 -5555) Business Phone (Ex. 239 - 555 -5555) 239 - 777 -4777 239 -566 -7744 Fax (Ex. 239 - 555 -5555) 239 -566 -9733 6435 Highcroft Drive E-mail Address (Important: In order to recieve a copy of your cookin®an@aol.com application you must enter a valid E -mail address.) Place of Employment Naples Place How long have you Wed in Collier 5 -10 Years County? Have you ever been convicted of any offense against the law? No If yes, explain: Not answered -40 Are you a registered voter in Collier County? Yes Board or Committee Applied for: Affordable Housing Qategory (If Applicable): (Example: Commission District, Not answered Developer Environmentalist, Citizen At- Large, etc.) Do you currently hold public office? No If yes, what office do Not answered you hold? Do you now serve, or have you ever served on a Collier County board or committee? Yes No yes, please list the Not answered oards / committees: Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Member Collier County Apartment Association Education: Degree Business Administration and High School cooperative Education Teacher Experience / Background: Agenda Item No. 9A February 13, 2007 Page 18 o'143 Owner of affordable housing in Chicago from 1968 to 1990 Own over 300 affordable housing apartments in Collier County. 200 are in Golden Gate 100 are along Bayshoe Drive Others scattered it is my opinion that Collier County is doing everything possible to elimate affordable housing. This is largly not purposeful. The effects are catastropic! I want to help correct the ituation. I am in the trenches daily, and see the destruction of affordable housing. (This honomenon is making me millions! IT IS WRONG!) Agenda Item No. 9A February 13, 2007 Page 19 of 43 filson s From: enews@colliergov.net nt: Thursday, November 09, 20061:46 PM filson_s Subject: Advisory Board Application from Collier County Website ----------------------------------------- Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) Robert C. Kantor Home Address 2245 Pine Woods Circle City Naples ZIP Code ]a� FL 31A Home Phone (Ex. 239 - 555 -5555) 239 - 213 -0294 Business Phone (Ex. 239 -555 -5555) 239- 213 -0044 Ox (Ex. 239 - 555 -5555) 239 - 213 -0047 E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) robertk @flmortgageteam.com Place of Employment Florida Mortgage Team, Inc How long have you lived in Collier County? 1 - 2 Years [] 3 - 4 Years [] 4 - 5 Years (] 5 - 10 Years [x] 10 - 15 Years [l More than 15 Years [] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x] 10 ( Board or Committee Applied for: Affordable Housing 1 Agenda Item No. 9A February 13, 2007 Page 20 of 43 Category (If Applicable) : (Example: Commission District, Developer Environmentalist, Citizen At- Large, etc.) Mortgage Professional Wyou currently hold public office? es [ ] No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [ ] No [x] If yes, please list the boards / committees: Not answered Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) NABOR - Functions Committee NABOR - Golf Committee NAMB FAMB Education: BS Business Administration Bridgewater College, VA Minor - Economic - Bridgewater College, VA Experience / Background: Over 12 Years in the Mortgage Industry. Currently owner of Florida Mortgage Team, Inc (licensed in FL and VA). tst experiend with FNMA and FHLMC pilot programs. Have worked National Lenders in all pacities, Correspondent, Wholesale and retail. Have a strong knowledge of loan underwriting and FNMA and FHLMC lending guidelines. Originate community home buyer loans for lower level income buyers. 0 2 I • Agenda Item No. 9.A February 13, 2007 Board of County commissio&ECEIVED 2Parae 21 of 43 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 of County(C Fax: (239) 774 -3602 Application for Advisory Committees/Boards Name: A R r, o L-p L. K R R. se Home Phone: Y6 b- Z 5'5 Z Home Address: z 2 b N E S l-t 1Z r L A N► E Zip Code: 3 `( 10 4 '90,r 1,w a►1f.A.�r Fax No. 5 to b - 7 q 5 Z Business Phone: S b (6 - i Q 5 Z e-mail address: on L-A-C ab-r . v-ct Place of Employment: R v 4-7T 1 C A M 1 %--L M A +s RC,G n E NT , 'S is C Board or Committee Applied for: A s e- O R7 A B t- E " o y S 1 ra G C o %1 M% S s S ot-J Category (if applicable): 4kn u S t t.s G. Q R O rr E S S l0 N Rz=q r Commission Dishict, Developer, ewvh-!•aftA1C 1o7 person, eie. How long have you lived in Collier County: Years L -- Months Are you a registered voter in Collier County: Yes ✓ No Do you currently hold public office? Yes No ✓ If so, what is that ot6oe? Have you ever been convicted of any offense against the Law? Yes No w/ If yes, explain: •Do you now serve, or have you ever served, on a Co1Her County board or committee? Yes No ✓ U yes, please list the committeew%oards: Please list your community activities (civic clubs, aeighborhood associations, etc. and positions held: L'4 Education: u" ► v r.g S% t X o f h Y t_ A N -0 :a A Experience: c,(D `{ a u S ©F �-i o S t as U 1 rs Ft e..£. A �a o �A tom£ R. S ♦1 ti'P ASST OF L..nu� pty- l M0!Dr'0 ATE. IcZCoMC \-lovsir.cc-, o,sM9-w- 1A00Z. AtJ� FARMS S NOME '4tZoG —�flMS SEE A cc Acct E� RE S u 1A. E Pierre aaadr msy eddy wool igfornm ims yaw fart pertinent. This appLwown skoWd be forwvtraW to Swe Fdson, Ezccram Manager to the Board ofCowmy Commiumnas, 3301 Fast Tan umd Tai{ Naples, FL 34111. ;f yew wirls, pleas fox yews apPliatiow to (239)774 -3601 or a -nail to swetilson(a-1 - oUiereov.net Tkank yon for volunteering to serve the ddzem of Ca11ier Cownty. I L Agenda Item No. 9A February i 12007 Page 22 of 43 ARNOLD L. KARP • Have had a broad and varied career in commercial real estate since 1959. Background includes extensive experience as a real estate broker and real estate appraiser for various banking institutions. Operating officer of a larger discount department store chain with prime function in the development and leasing of shopping centers. President of Middle Atlantic Equities Corporation, successor to The Karp -Fox Company, organized in 1975, an FHA Approved Mortgagee specializing in mortgage and equity (brokerage and syndication) financing. President of Multi- Family Management, Inc., a property management firm founded in 1971 which has the responsibility for the rental management of 4,000 housing units through the Middle Atlantic area primarily in federally assisted programs. Individually or through a wholly owned corporation acts as general partner directing the responsibilities of asset manager for limited partnerships owning apartments totaling over 1,900 units. Co- founder and President of Karp, Nestler and Company, Washington D. C. The is Company was engaged in the financial structuring and development of real estate projects for I 1 years, primarily those which were federally assisted until it was merged with Multi- Family Management. Handled the project development, asset management, contract negotiations, and structuring of syndications and joint ventures. • Attended Seton Hall Preparatory School, South Orange, New Jersey. Graduate of the University of Maryland with an B.A. degree in Government and Politics and attended George Washington Law School. Additionally holds a certificate in Tax Planning in Real Estate from American University and a certificate in Real Estate Investment Analysis from the Wharton School. Served on active and inactive duty for 10 years in the U.S. Marine Corps Reserve attaining rank of Captain. Licensed real estate broker in four jurisdications and member of the Greater Washington Commercial Association of Realtors. Has written numerous articles for trade publications and lectured at real estate seminars. Member of NAHMA Executive Council, with a National Assisted Housing Professional designation and Chairman of the Rural Housing Committee. Member of USDA -RHS Multifamily Housing Management Task Force and Rural Preservation Working Group. Participant on the financial subcommittee for HUD 2020 Management Reform Plan. • 0 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda Item No. 9A February 13, 2007 43 Application for Advisory Committees/Boards Name: Angela M. Lanctot Home Phone: 239 -597 -9952 Home Address: 814105 Ave. N Naples Zip Code: 34108 Fax No. Business Phone: 239 - 598-1136 e-mail. address:alanetot Qlax.caaita6edn Place of Employment: Mare F Oates. P.A. (low office) - — Board or Committee Applied for: Affordable Housing Commission Category (if applicable): Enmple- - Commimioa District, Developer, eaviroameatslid, My person, eft- How long have you lived in Colder County: Years 1 Months 2 Are you a registered voter in Collier County: Yes -X NO Do you currently bold public office? Yes No X If so, what is that ofiee? 0 Have you ever been convicted of any offense against the Law? Yes No X if yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: I am the Vice President and a director for the Foundation for the Developmentally Disabled.- I am a volunteer for the Susan G. Koman Breast Cancer Foundation. Education: I have a Bachelor of Science in International Business from Grove City College in Pennsylvania and a Juris Doctor degree from Capital University Law School in Columbus. Ohio. Experience: I am licensed to practice law is Ohio and Florida. I have been practicing real estate law for the past year in Napks I am in the Real Estate section of the Collier County Bar Association. as well as the Real Property section of the Florida Bar. I am very interested in the Affordable Housinne Commission because of my interest in seeing that all citizens of Collier County are able to have a safe, suitable and affordable place to call homy Please smack ary odAWmW i *nvmeiam yap feetpaiU st Tkn yppNcsdm skomM be fot+mw&i ar Sw F71son, Eaecudw Meism r to tke Board of Counry Cmmpdmione m 3301 East TamhmW 7MK NApfea, FL 31112 Ifyeu v&k, p1ftwfvr yoga W6N don to (139) 774 -3602 or e,maU w suerJson+wrolliereov. nee Tkank you for volum'tering to serve tke ddzens of Calder Con . Angela M. Lanctot, Esq. Agenda Item No. 9A February 13, 2007 Page 24 of 43 Address: 814 105"' Avenue North, Naples, FL 34108 • Phone: (239) 537 -0620 • Email: alanctot @law.capital.edu EDUCATION Capital University Law School, Columbus, OH Grove City College, Grove City, PA Juris Doctor, May 2005 Bachelor of Science, May 2000 GPA: 3.205 /4.00; Ranked 63/235 Major: International Business Certificate of Concentration in Publicly -Held GPA: 3.22/4.00; Major GPA: 3.50/4.00 Companies and Small Business Entities tSAK ADMISSIONS AND PROFESSIONAL ASSOCIATIONS State of Florida (The Florida Bar, Collier County Bar Association, Collier County Women's Bar Association) State of Ohio (Ohio State Bar Association, Columbus Bar Association) Member Agent for Attorneys' Title Insurance Fund, Inc. American Bar Association HONORS /AWARDS Graduated with Honors, Cum Laude, Capital University Law School Ron Friedman Award, Capital University Law School — 2005 Order of the Barristers for Excellence in Moot Court, Capital University Law School — 2005 Presidential Management Fellowship Finalist, United States Office of Personnel Management — 2005 CALI Excellence for the Future Award for Real Estate Finance — Fall 2004 Dean's List, Capital University Law School — Fall 2003, Fall 2004, Spring 2005 Presidential Merit Scholarship, Capital University Law School — 2002 -2005 Graduated with Honors in International Business, Grove City College LEADERSHIP AND ACTIVITIES Vice President, Foundation for the Developmentally Disabled, Collier County, Florida, 2006 - Present • Activities Chairperson for Student Bar Association, Capital University Law School, 2004 -2005 Associate Chief Justice, Internal, Moot Court Board, Capital University Law School, 2004 -2005 Career Vice President, International Law Society, Capital University Law School, 2002 -2005 Member of the Jessup International Law Moot Court Team for 2003 -2004 Co- Captain, Grove City College Women's Varsity Golf Team, 1996 -2000 EXPERIENCE Associate Attorney, Marc F. Oates, P.A., Naples, FL, Nov 2005 — Present • Performing commercial and residential real estate closings, including title search and examination, title commitments and policies, closing documents and executing the closing. • Preparing and reviewing commercial and residential real estate contracts, contracts for the purchase and sale of a business, commercial and residential lease agreements and commercial loan documents. • General representation of corporate clients, including preparing and filing various corporate documents. • Assisting in building client base by networking with area contacts and developing relationships with new and existing clients. Law Clerk, City Attorney's Office, Upper Arlington, OH, April 2004 — May 2005 • Extensive legal research and writing in many areas of law, including municipal, constitutional, zoning, etc. and drafting updated city ordinances to reflect changes in the law. Law Clerk, Shihab & Associates, Co., LPA, Columbus, OH, April 2003 — April 2004 • Preparing immigration documents, including employment -based and family -based applications and petitions for permanent residency and non - immigrant visas. Medical Interpreter and Team Leader, Heart to Honduras, 14 trips to date, beginning in May 1994 • Coordinating medical and surgical trips to Honduras, assisting in the care and treatment of patients through clinics and surgical procedures, and interpreting for physicians and nurses of the Spanish language, providing the only link for communications between medical professionals and patients. LANGUAGE PROFICIENCY: Fluent in Spanish (nine years of study in language and culture) COMPUTER AND SOFTWARE PROFICIENCY: Windows, MS Outlook, MS Word, MS Excel, MS Access, MS Power Point, Adobe Acrobat, Advanced Certification in Lexis - Nexis, computer networking, general upkeep and maintenance of computer systems Agenda Item No. 9A February 13, 2007 Page 25 of 43 filson s Ron : enews@oolliergov.net nt: Wednesday, November 08, 200611:18 AM K o: Filson s ubject: Advisory Board Application from Collier County Website Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) Charles 1. Martin Home Address 2222 gulfshore blvd north City naples ZIP Code 34102 Home Phone (Ex. 239 - 555 -5555) 239 - 262 -7287 Business Phone (Ex. 239 - 555 -5555) 239 - 262 - 784 -5498 x (Ex. 239 - 555 -5555) 239- 262 -7289 E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) realtyrainmaker @gmail.com Place of Employment Wynns Realty How long have you lived in Collier County? 1 - 2 Years [] 3 - 4 Years [x] 4 - 5 Years [] 5 - 10 Years [] 10 - 15 Years [] More than 15 Years [] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x] No [ ] �ard or Committee Applied for: Affordable Housing Commission 1 Agenda item Flo. 9A or February 13; 2007 Category y (If Applicable): (Example: Commission District, Developer EnvironmenEaid..-it,of43 Citizen At- Large, etc.) Not answered Do you currently hold public office? Wes [ ] Y No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [x] No [ ] If yes, please list the boards / committees: Collier County Code enforcement board—flood plain management planning committee. Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) MSI board of directors louisville kentucky Realtor association 2003 -2005 ..13 years deputy sheriff f.o.p.louisville kentucky..Neighborhood conservation program louisville 1976..Homestead program louisville 1977..Urban Renewal /community development cabinet Employee programs committees. Education: western kentucky university..licensed real estate broker 34 years..Florida licensed certified general contractor—Board certified mold remediation..certified eifs inspector—certified fema inspector—certified home inspector.see other education at www .masterpropertyconsultant.com have a education library of AFFORDABLE HOUSING technologys programs thru -out the world..a real intrest to me building the best product affordable including site development and smart growth new urbanism. Experience / Background: Started my career as the youngest Housing and urban development general contractor in ea 1972 rebuilding inner city housing ( hud contractor) in 1974 I recieved my real estate brokers license then was hired as the youngest federal employee for the Urban Renewal agency /community development cabinet for the implementation of the block grant 312 program where we rebuilt 7 inner city neighborhoods..since those days I have developed major subdivisions,commercial developments and owned major franchise real estate offices—now I have been commissioned to start a real estate division for the Wynn family who has been in the business community since 1938 our new office is in the wynn building since 1950 711 5th avenue south downtown naples. r1 LJ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda Item No. 9A February 13, 2007 43 Application for Advisory Committees /Boards Name: Matthew Nelson Home Phone: 239- 353 -8412 Home Address: 7622 Novara Court, Napks FL Zip: 34114 Code: ? Fax No. 239 - 254 -8023 Business Phone: 239- 254 -8020 e-mail address: mnelson patap-oniaconstruction.com Place of Employment: Patagonia Construction Board or Committee Applied for. Affordable Housing Category (if applicable): Example: Commission District, Developer, environneatalisk by person, etc. How long have you lived in Collier County: Years: 1 Months: 6 Are you a registered voter in Colder County: Yes__&_No Do you currently hold public office? Yes No X If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No X If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the commithm/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: I am an active parent volunteer at Leiy Elementary School. I also am a member of the Collier Building Industry Association. Education: Graduate of Wasson High School in Colorado Springs, CO. Attended Pikes Peak Clkge and St. Louis Univeristy Graduated from the Engineering School of the Air Force as a Surveyor, Draftsman and Enginnring Technician Experience: Please see attached resume. Pkase a9sch wW addif and hyo W*X ymt feel persbs" 7%b app5eadea shouts se fonhaWW m sue FUMINP Ex� Mmew m Me Board of Cowwty C,=mWW rs, 3301 East Tmd W Tram NNrpks, FZ 34112 If you **k please fir yaw to (239)774-3601 or e-nuff m suefrlsonfalcolliierrnov. net 7hawk you for vohWeerhW 0 serve Me dlkem of CoAller Gouwty. Agenda Item No, 9A February 13, 2007 Page 28 of 43 dh MATTHEW NELSON 7622 Novara Court Naples, FL 34114 H: (239)- 353 -8412 Cell: (239)- 919 -9413 E -mail: mnelson @patagoniaoonshKtjon.com SUMMARY OF QUALIFICATIONS • PROJECT MANAGEMENT: Managing all phases of multimillion dollar commercial and residential construction projects to include sales and marketing. Estimating time and material costs. Maintaining quality and cost control. Contracting quality trades and subcontractors. Conducting weekly safety meetings. • ADMINISTRATION: Developing and implementing policies and procedures. Ensuring compliance with local and federal govemment regulations. Responsible for supervising all on -site construction and land development, including scheduling sub - contractors, resolving day- to-day problems on the job site, and inspecting all work during construction to ensure compliance with plans, specifications and relevant building codes. • SUPERVISION/TRAINING: Supervising sales manager and associates, project engineers, construction managers, foremen, and laborers. Training and evaluating all team members. Conducting performance evaluations and strict quality control. SKILLS AND ACHIEVEMENTS • Consistent history of delivering major renovation and new construction projects on time and on budget. • Proven leadership, team building, project and construction- management skills developed on unique and challenging projects. • Proven ability to work with demanding clients in private and government sectors at different locations across the globe. • Practical business experience gained by optimum use of available funds and use of design and construction firm's skills and talents. WORK EXPERIENCE May 2005 to June 2006 Toll Brothers Inc. Naples, Florida Project Manager: Agenda Item No. 9A February 13, 2007 Page 29 of 43 • Punned and managed the entire construction of a new community of 112 single family luxury homes and clubhouse. • Coordinated all federal, state and local permitting, land development, purchase of the property and site plan with Attorneys, Project Engineers and Environmental consultants. • Hiring of sales manager, sales associates, project administrator and construction managers. • Orchestrated fluid scheduling with the county government, local phone, cable and electrical companies. • Created the marketing brochure, website and advertisements specific to the community. September 2004 to Present Martin Tabor & Associates Stuart, Florida --� Development & Project Manager: • Provide guidance and assistance to implement cost and planning tools for construction to new members of the firm. • Coordinate all new projects with home builders. • Overall supervision of land development and obtaining permits from the county commissioners. • Creating new vertical construction branch for the company. March 2002 to July 2004 Pacific Architects & Engineers Seville, Spain Chief of Construction Management: • Successfully managed various aspects of several construction projects: construction, fast -paced schedule & international suppliers and subcontractors. • Provided budget, schedule and quality control throughout project, including during technical design, procurement, construction and installation. Worked with owner to develop and maintain these controls. • Provided effective coordination among technical designers, consultants and contractors. • Assisted engineers to develop strategies and procure technical equipment worth $20M. • Supervision of eight construction inspectors and assistants. • Communicated extensively with customers including top government officials. Agenua Item No. 9A February 13, 2007 Page 30 of 43 i March 1997 to March 2002 JA 3ones Management Services Seville, Spain Chief of Construction Management and Project Inspector• • Assistant engineer & project Inspector for all airfield runway projects. • Developed use of cutting edge CADD equipment as Chief of the Design Section. • Implemented Risk Prevention & Quality Control programs to establish safety guidelines. • Managed and directed major construction projects for several departments of the Department of Defense. • Estimated time and material costs for all projects. • Developed and administered project budgets of up to $22 million. • Trained, supervised, and evaluated project inspectors, foremen and laborers. December 1994 to June 1997 617th Civil Engineer Squadron, United States Air Force Ramstein Air Base, Germany ENGINEERING TECHNICIAN • Construction Inspector and Construction Supervisor, Computer Aided Drafting and Design Instructor. • Geographical surveyor/ engineer for various new bases for the United Nations. • Responsible for managing all airfield construction work at several worldwide locations. • Monitored progress of project at all stages. Administer project budget. • Maintained quality and cost control. • Developed and implemented policies and procedures. Ensured compliance with government regulations, engineering drawings, and customer specifications. Agenda Item No. 9A February 13, 2007 Page 31 of 43 June 1993 to December 1994 86th Civil Engineering Squadron, United States Air Force Ramstein Air Base, Germany ENGINEERING ASSISTANT: Construction Inspector, Chief Surveyor and Computer Aided Drafting and Design Draftsman. • Airfield Safety Inspector, Chief Surveyor at Tuzla Air Base, Bosnia - Herzegovina and at Taszar Air Base, Hungary • Construction Supervisor for all asphalt projects at Ramstein Air Base. • Assistant Engineer for runway and taxiway projects at Morbn Air Base, Spain. • Chief of Drafting and Design. • Chief Engineer and Job Supervisor for the complete renovation of all taxiways and runway at Torrej6n Air Base, Madrid, Spain. Duration: 8 months. Completed in record time and under budget. • Chief Designer for complete renovation of taxiways at Morbn Air Base, Spain. • CADD Manager and Instructor for the 617"' Civil Engineering Squadron. • Draftsman and CADD Designer for over 130 projects. • Construction Inspector at Ramstein Air Base, Germany. • Services Contract Inspector at Ramstein Air Base. December 1991 to June 1993 7th Civil Engineering Squadron, United States Air Force Carswell Air Force Base, Fort Worth, Texas ENGINEERING ASSISTANT: Contract Inspector, Environmental Inspector, Surveyor and Draftsman. Environmental Assistant Engineer inspecting ground water contamination at Carswell Air Force Base. Draftsman and Designer using CADD and conventional Drafting tools. Responsible for maps, plans and construction archives. --4 0 EDUCATION 1993 to 1996: College of the Air Force Ramstein Air Base, Germany ASSOCIATES DEGREE / CIVIL ENGINEERING 1991 to 1993: Engineering School of the Air Force Sheppard Air Force Base, Wichita Falls, Texas ENGINEERING TECHNICIAN, DRAFTSMAN AND SURVEYOR 1988 to 1990: Saint Louis University Madrid Campus, Spain CIVIL ENGINEERING COURSE PROGRAM SPECIAL COURSES / ENGINEERING ORGANIZATIONS Microstation / Intergraph Basic, Advanced, 3D, Project Architect and Microsoft Corporation All Windows Applications and Programs Air Force Association Member of 15 years Military Engineer Organization Member of 11 years American Red Cross Current certification of First Aid and CPR Agenda Item No. 9A rebruary 13, 2007 Page 32 of 43 Network Server CADD Programs. LANGUAGES English Language: Perfectly fluent Spanish Language: Perfectly fluent French and Italian Languages: Fair comprehension of the written and spoken word Russian Language: Fair comprehension of the spoken word and verbal comprehension Agenda Item No. 9A February 13, 2007 Page 33 of 43 filson s From: enews@colliergov.net nt: Monday, November 13, 200610:52 AM filson s Subject: Advisory Board Application from Collier County Website ----------------------------------------- Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) James A. Pusateri Home Address 4971 Cerromar Drive City Naples ZIP Code 34112 Home Phone (Ex. 239 - 555 -5555) 239 - 775 -7029 Business Phone (Ex. 239- 555 -5555) none Ax (Ex. 239 -555 -5555) 239 -775 -7029 E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) jpusat6700 @aol.com Place of Employment retired How long have you lived in Collier County? 1 - 2 Years [] 3 - 4 Years (x] 4 - 5 Years [l 5 - 10 Years [l 10 - 15 Years [] More than 15 Years (] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x) . 10 [l Board or Committee Applied for: Affordable Housing Commission 1 Agenda item No. 9A February 13, 2007 or page 34 of 43 Category y (If Applicable): (Example: Commission District, Developer Environmentalist, Citizen At-Large, etc.) Not answered `o you currently hold public office? es [] No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [I No [x] If yes, please list the boards / committees: Not answered Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Present:Board Member, East Naples Civic Association. Member, Long Range Planning Committee, Naples Lakes Country Club. Deliver for Meals on wheels. I have attended the Affordable Housing Committee meetings for the last year. Past: Member of Rotary and Kiwanis. Served as President of Ranchmart Kiwanis in Johnson County, Kansas. Served on the Board of Directors of two country clubs. I have been a member of local and state bar associations and and have served on a number of their committees and sub committees. Education: Bachelor of Arts, University of Kansas. Juris Doctor, University of Kansas School of Law. Experience / Background: 0Private practice of law in Johnson County, Kansas.(7 years). City Councilman, Prairie 11age, Kansas.(population 25,000)(2 years). Assistant United States Attorney for the District of Kansas.(? years). United States Bankruptcy Judge for the District of Kansas. (26 Years) Served as Chief Judge for nine years and on the Bankruptcy Appellate Panel for the Tenth Circuit for seven years. Board of Directors, National Conference of Bankruptcy Judges. (4 years) • 2 Agenda Item No. 9A February 13, 2007 Page 35 of 43 filson s From: enews@colliergov.net nt: Wednesday, November 06, 2006 4:56 PM fiison_s *Ubject: Advisory Board Application from Collier County Website ----------------------------------------- Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) John J Schantz Home Address 190 13th Av S City Naples ZIP Code 34102 Home Phone (Ex. 239 - 555 -5555) 239 - 643 -7678 Business Phone (Ex. 239 - 555 -5555) Not answered �x (Ex. 239 - 555 -5555) Not answered E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) JJAVIATOR @AOL.COM Place of Employment retired How long have you lived in Collier County? 1 - 2 Years [] 3 - 4 Years [] 4 - 5 Years [} 5 - 10 Years [] 10 - 15 Years [x] More than 15 Years [] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x] oard or Committee Applied for: Affordable Housing 1 .Agenda Item No. 0,A February 13, 2037 Category (If Applicable): Page 36 of 43 pp ): (Example: Commission District, Developer Environmentalist, Citizen At- Large, etc.) Not answered Wyou currently hold public office? es [] No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [] No [x] If yes, please list the boards / committees: Not answered Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Current Vice - Chairman Code Enforcement Board for the City of Naples. Appointed May, 2003, re- appointed May 2006, term expires May 2009. Education: Bachelor of Science, Civil Engineering, Syracuse University. Experience / Background: B.S. Civil Engineering, Syracuse University President of family homebuilding business for 30 years. Built over 1500 homes in Rochester New York. Wer of Monreoe County (New York) Water Authority for 18 years, 10 years as Chairman. Past President of Rochester Home Builders Assn. Past President of the New York State Builders Assn Past Chairmen of the Rochester Better Business Bureau Military: USAF Fighter Pilot(F100C, D, F )7 years. NY Air National Guard (F100C, D, F ) 5 years Viet Nam 68 -69, 264 combat missions Air Medals -13 Distinguished Flying Cross -2 is 2 Page I of 2 Agenda Item No. 9A February 13, 2007 filson-9 Page 37 of 43 Frame: advemyboards@co#OVM.net SwIt Monday, C>CtDbw 3o, 2006 12:17 PM To: "Son—s Std*mct New On -dine Advisovy Board Appkabon Subntiled. iok tam Eloalrd of County Comm RV*4** tOM ID downkad pk ROM- t �IWoa d�:"� 3301 East TAMWW Traf 111111op- FL 34112 Tt*. (23" 7744M Fax: (23" 7744M October 30, 2" Name: Dora Sdwim Home Phone: 239-596-1074 Home Addkess: 7513 Con*Am C*vle City: Naples Zip Code: 34109 - J Fax Number. 239659-3333 Businem Phone: 239-659-4282 Email Add -ow: schr*u3@ad cam Plum of Emigoyn PnxkwdW Florida WCA P4xft How " have you lived in Copier County? 5-10 years Have you agar been con vicbdof any offe -00 against the lands NO Are you a regWawiwl v~ in Copier County? Yes 177 w; 3 1 7 7 771 Z 7- r Do you cwrendy hold public offte? No Do you now serve, or have you lief v on a NO CoWwr County basid or %0-%Jfnfv 2&&-- Please list your conununity act1willies: 10/30/2006 0 • . .. :�� r• is . . • Expw iel ! &x- d: Working with devebpem on bonding aif iaMble housing in Gollw County Developw in Ohio -1000 slip marina Devekgw in K *jcky- Singie ian* subdivision 10/30/2006 Page 2 of 2 Agenda Item No. 9A February 13, 2007 Page 38 of 43 4 Donald Seamier 812 Pitch Apple Lane Naples, Florida 34108 Tekphone: 514 -7917 his Sue Fuson, ctwid" manager County Commission 3341 U.S. 41 East Naples, 34112 Dear Ms. Filson: Agenda Item No. 9A February 13. 2007 Page 39 of 43 RECEIVED SEP 2 2 20M Board of County comma .Imuivyll, 2446 Tins letter is my application for appointment to The Affordable Housing Commission. 1 am a year -round resident; I live and own property in Pelican Bay, a master planed community is the unincorporated portion of Colder County. I am a retired man and have resided and paid taxes here for over ten years. Prior to that time I was a resident of the States of New York and Pennsylvania. I am a graduate eriginew and administrator, having received my degrees from the Masrranietesetts Institute of Technology. Following completion of my formal education I worked as are engineer, as ai�istrator and an awcutive and as a conadtant to businesses; government An units of governm An iWotant segmew of my career was spent in the devekvnwit, construction and administration of housing that was affordable to employees whose incomes did not pemut the occup icy or purrhae of "market cost " housing. I was Senior Vice Presidait and Devedopmeat Chairman of the Property Ream rces Corporation, a New York City based company engaged in that business. In all, we developed, constructed, and administered over six thousand such residential units in fifty- eight complexes throughout the metropolitan Now York area. I believe that I can bring a broad range of innovative ideas for producing affordable housing, as well as seasoned and relevant experience in the shelter industry, to the work of the Commission Not incidentally, I have a thorough understanding of the organization and functioning of county and municipal govanment as it relates to housing and of the necessary cooperation and interplay between all of the stakeholders. I , , r AN . l . ---Iq 10 ; r -� Board of County Co■110i5sk"rs 3381 East Tamia ni Tram Naples, FL 34112 (239) 77441897 Fax: (239) 774 -36®2 Fgen�a Item f Jo. 9A February 13, 2037 Page 40 of 43 1 ' / J �\ Application for Advisory CommitteewSoards NMW. Do-ald 3puier 191me lboe>te• 514-M7 Boafe Addmn _812 llteb Appk Lane, Naples, P: www Zp Code: 34186 Ra: No 614-=7 DwdMM pww= M 35" 0,0109 adde+ess: rbee of 'Empb7ment: Refired Board or Coumdam AppKed fet :_Aff6r4 W HegOMS Coo mboi" Category (if as.PK O..■ba.a MoAcR llwae.pe....ba.��tarR b e+�•••� •k. How Ion bare you lived is CoMkw County: Years,_ Montbs Am you a repistemd voter in Collier County: Ya X No_ Do you earmdy bold pudic Wfke? Ya No X N^ Td" bam ago=? Have you ever bees coavieW of gay olrm" against the Law? Ya X No "dedaaa DOnow w Mrs% or bm S" wor No o• a Cosbr Caaaty bosh or oamwanos? yes _X Dw Sw via1 rlp�p so Yew oasn�it7 sctiirkia (dwk dubs+ NOWboriood Mooda ions, etc. gad peddom bow: Agenda Item No. 9A February 13, 2007 Page 41 of 43 f Ison s From: enews@colliergov.net nt: Tuesday, November 14, 200610:45 AM filson_s Oubject: Advisory Board Application from Collier County Website ----------------------------------------- Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) Brenda Talbert Home Address 2160 Piccadilly Circus City Naples ZIP Code 34112 Home Phone (Ex. 239 - 555 -5555) 239 - 793 -3876 Business Phone (Ex. 239 - 555 -5555) 239 -436 -6100 lax (Ex. 239 - 555 -5555) 239 - 436 -3878 E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) brenda @cbia.net Place of Employment Collier Building Industry Association (CBIA) How long have you lived in Collier County? 1 - 2 Years [xJ 3 - 4 Years [] 4 - 5 Years [] 5 - 10 Years [J 10 - 15 Years [] More than 15 Years [] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x] Ito [ ] Yo or Committee Applied for: The Affordable Housing Commission 1 Agenda Item No. 9A ebruary 13, 2007 P@a 42 Category (If Applicable): (Example: Commission District, Developer Environmentalist,of3 Citizen At- Large, etc.) Not answered Wyou currently hold public office? es [] No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [ ] No [x] If yes, please list the boards / committees: Not answered Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Chair of the Florida Home Builders Association Executive Officer's Council Member of the American Society of Association Executives Member of the Biz PAC Member of the Collier School Board Industry Advisory Group Member of EDC Member of Naples Chamber of Commerce Formerly the chair of the Affordable Housing Task Force of the Economic Summit for Palm Beach County Served with the Business Forum of Palm Beach Education: BS Degree from Oakland University, Rochester, Michigan �perience / Background: Professional 2006 - Present Experience Collier Building Industry Association Executive Vice President, CEO & BIAE 2001 - 2006 Gold Coast Builders Association, Boynton Beach, FL Executive Vice President, CEO & BIAE ❑ Took association that was severely indebted to a very strong cash position within two years through creative non -dues revenue activities, increasing membership, effective financial principles and strong management philosophy. ❑ Increased membership and membership participation. Currently at 1100 members. ❑ Responsible for budgeting, cash flow and managing all financial responsibilities of the association. ❑ Responsible for oversight of all Governmental Affairs and PAC activities. ❑ Strong Governmental Affairs experience with a strong knowledge of the Florida Building Code, Licensing, School Concurrency, Impact Fees, Mandatory Inclusionary Zoning and the laws effecting PAC activities. ❑ Responsible for improving the conditions within Palm Beach and Broward Counties to preserve affordable housing by working with the counties, municipalities and funding agencies for affordable housing. ❑ Responsible for long -range and strategic planning and implementation. ❑ Responsible for the public relations of the association and acting as the spokesperson for the association. Strong public speaking experience and ability to effectively represent the association's image in the community. ❑ Responsible for successfully building relationships with other business organizations to facilitate positive interactions with governmental agencies. Responsible for working with a volunteer Executive Committee of fifteen, a Board of rectors of forty -five and numerous volunteer committees and councils within the association. ❑ Manage a staff of eight employees. Responsible for hiring, motivating, disciplining 2 Agenda Item No. 9A February 13, 2007 and training of employees. Page 43 of 43 ❑ Responsible for all governance and compliance of the association to maintain its tax status and reputation. 1996 -2001 Home Builders Association of Manatee County, Bradenton, FL Executive Vice President ❑ Took association from a dismal cash position to a positive cash position of $460,000 annually. ❑ Increased membership by 1698 ❑ Increased Parade of Homes income by 1758 ❑ Improved public relations with the county officials through direct lobbying and working on political campaigns. ❑ Improved communications with membership by investing in computer equipment for the office in order to be more efficient. ❑ Responsible for budgeting, accounting, accounts payable and receivable ❑ Responsible for all non -dues revenue activities, governmental affairs and management of the association. 1993 - 1996 Sun Bank and NationsBank, Bradenton, FL Licensed Mortgage Broker and Originator ❑ Developed a clientele specializing in construction financing ❑ Responsible for sales, application files prior to underwriting, financial analysis of documents and customer service. ❑ Served as the first female Associate 2nd Vice President on the Executive Committee of the HBA of Manatee County. 1987 - 1993 Sarasota Herald - Tribune, Sarasota, FL Advertising Sales Representative ❑ Expanded sales territory ranking as a top sales representative. ❑ Increased revenue by doubling advertising space in assigned territories. ❑ Managed a large shopping mall advertising project twice a year. 1985 - 1987 World Wide Products, Denver, Colorado Regional Manager for Colorado, Wyoming and Nebraska ❑ Responsible for managing a large sales force in three states. ❑ Responsible for sales and business training of the sales force. ❑ Responsible for internal training programs such as seminars and creation of a video training series. 1984 - 1985 Naples Daily News, Naples, FL Advertising Sales Representative ❑ Expanded sales territory ranking as a top sales representative ❑ Increased revenue by doubling advertising space in territories assigned. ❑ Developed special promotional marketing materials 1980 - 1982 First Federal Savings of Michigan, Detroit, MI Assistant Bank Branch Manager ❑ Responsible for all branch operations, including personnel management, cash balancing and security. ❑ Received training in banking procedures and operations, accounting, management, internal audits, sales and closing techniques. 3 Agenda Item Igo. 9B February 13, 2007 EXECUTIVE SUMMARY Page 1 of 9 APPOINTMENT OF MEMBER(S) TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 3, 2009, to the Radio Road Beautification Advisory Committee. CONSIDERATIONS: The Radio Road Beautification Advisory Committee has 1 term expiring on March 3, 2006. This 5- member committee was established on October 21, 1997 to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Ordinance No. 96 -84. This 5 member committee shall recommend work programs and priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. After initial staggered terms, terms will be 4 years. A list of the current membership is included in the backup. Ms. Gloria S. Patterson moved from the district and no longer meets the criteria for appointment. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. David R. Clemens Resides within MSTU 14 J Yes I None Audrey C. Zaiser Does not meet Criteria 13 1 NO I None COMMITTEE RECOMMENDATION: David R. Clemens FISCAL IMPACT: 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: FEBRUARY 13, 2007 Agenda i #em No. 0B F- esbruary 13. 2007 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: -'B Item Summary: Appointment of member to the Radio Road Beautification Advisory Committee. Meeting Date: AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1!151200710:10:19 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1f25r2007 2:09 PM Commissioners Agenda Item No. 9B ebruary 13, 2007 Page 3 of 9 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: January 25, 2007 SUBJECT: Radio Road Beautification MSTU Recommendation to the Board for filling vacant position. 0 The Radio Road Beautification MSTU has received and reviewed one application by the prescribed deadline for its vacancy. Applicant was evaluated based on the potential contribution to the Committee. The applicant meets the criteria required to be eligible for the committee and resides within the MSTU's district boundary. The Committee recommends the following applicant for appointment to the vacant term as indicated below: TYPE OF TERM FIELD OF EXPERTISE/CATEGORY NAME APPOINTMENT EXPIRES David R Clemens New March 3, 2009 Resident in Naples 5+ years. Presently employed at the Defense Contract Management Agency. Background - B.A. in Human Resource Management from USF with concentration in the psychological aspects of organization structure. Community Activities - Past president of River Pointe Marina Condominium Association. Past President of Briarwood resident committee and various offices within that committee. Please let me know you need any other information Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 93 February 13, 2007 Faae 4 of 9 Radio Road Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. Gloria S. Patterson 261 -1551 04/12/05 03/03/09 4 Years 741 Landover Circle, #103 A� 348-1363 Naples, FL 34104 12� F,Mail: glopat@myexpel.com District: 3 Category: The Shores @ Berkshire Mr. Dale L. Lewis 168 Oceans Boulevard Naples, FL 34104 E -Mail: adlewisl68 @juno.com District: 3 Category. Windjammer Village 05/02/00 03/03/04 643 -7369 01/13/04 03/03/08 Ms. Betty R- Schudel 01/13/04 6644 Vancouver Lane 352 -1212 Naples, FL 34104 E -Mail: District: 3 Category: The Shores @ Berkshire Lakes Mr. Wilfred Jaeger 139 Artic Way Naples, FL 34104 E Mail: District: 3 Category: Foxfire Ms. Helen Carella 5090 Coldstream Lane Naples, FL 34104 E -Mail: District: 3 Category: Briarwood 643 -5029 434 -2865 09/01/98 04/12/05 06/25/02 04/11/06 Tuesday, April 11, 2006 Page I of 2 03/03/08 03/03/01 03/03/09 03/03/06 03/03/10 4 Years 4 Years 4 Years 3 Years 4 Years 4 Years 4 Years C Agenda Item No. 9B �eb!-ua y 13. 2007 ?age 5 of 9 Radio Road Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndE.xpDate 2nd Term This 5 member committee was created on October 21, 1997, by Ordinance No. 97 -52 to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Ordinance No. 96-84. The committee shall recommend work programs and priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. Terms are 4 years. FL STAT 125.01 Staff.• Liz DeLeon, Transportation Operations Coordinator. 417 -6081 r Tuesday, April 11, 2006 Page 2 of 2 t MEMORANDUM DATE: January 2, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9B February 13, 2007 ,iON 2 201 A it. 51 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. RADIO ROAD BEAUT ADV COMM✓ COMMISSION DISTRICT U� David R. Clemens 5041 Sunbury Court Naples, FL 34104 Audrey C. Zaiser v 6643 Vancouver Lane Naples, FL 34104 Ile C, 11 1 r j( Thank you for your help. d4 ,�j' fi0 Agenda Item No. 9B February 13, 007 MEMORANDUM Paoe7of9 DATE: January 2, 2007 TO: Tessie Sillery, Transportation Operations FROM: Sue Filson, Executive Manage ' Board of County Commission RE: Radio Road Beautification Advisory Committee As you know, we currently have vacancies 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: David R. Clemens 5041 Sunbury Court Naples, FL 34104 Audrey C. Zaiser 6643 Vancouver Lane Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the 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 --V Advisory Board Application filson_s From: daveclemens @comcast.net Sent: Thursday, December 28, 2006 9:20 AM To: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/28/2006 9:19:32 AM. Name: Oavid R. Clemen Home Phone: 30435 -901 Home Address: 041 Sunbury Coi City: ale Zip Code: 4104 -4731 Phone Numbers Fax: ( Business: 39 -304 -260 e -Mail Address: veclemens(acomcast.ne Work Place: Ibefence Contract Management A en How long have you lived in Collier County: ®1 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? ®e Board / Committee Applied for: Padio Road Beautification Adviso Category: Not indicate Do you currently hold public office? Do you currently or ever served on a Collier County Board or Committee? Page 1 of 1 Agenda Item No. 9B February 13, 2007 Page 8 of 9 'lease list your community activities: ?ast president of River Pointe Marina Condominium Association. Past President of Brairwooc Zesidents Committee and various offices within th4 committee. Education: 3A in Human Resource Management from USF with concentration in the psychological aspect: A organization structure. 12/28/2006 0 0 Board of County Commissioners EC�EIVED 3301 East Tamismi Trail G Naples, FL 34112 DEC 0 (239) 7748097 ` 11 of County Commissioners Fax: (239) 774 -3602 Application for Advisory Comm itteesBoards Agenda Item No. 9B February 13: 2007 Page 9 of 9 ALI Name: —, r - Ira- y C : Z,4 / S'e'e, $ome Phone: - a S� - 99 5 Z Home Address:-/-, LqJ V A/L,CDL 1 Qe ` Zip Code• -�a 5 11) 7 Fax No. �',� -S'`jS �- Business Phone: lL�►� e-mail address:_ vl`�ZC t., Place of- imployment: % „,p �+ Board or Committee Applied for:._— AAA :al � � �(� ,�t� �a Paz( Category (if applicable): Example: Commission District, Developer, eavieoamsat&&4 lay pew, etc How long have you lived in Collier County: Years/ Months Are you a registered voter in Collier County: Yes No_�� Do you currently hold public office? Yes No L� B so, wl a w+ -t«..v Have you ever been convicted of any offense against the Law? Yes No�_ If yes, ezpWn: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No u yes. vlease list the committees/boards: _ Please list your community activities (civic dabs, neighborhood associations, etc. an positions held: di ,e_ .Z � L"I QLI d ,rte �Z'dt2 Ed cation: hAft Su yam Sei .ti J Glx,. &e i -01A T s,til"U���� Al 5 i ,2 % a 1 i g r /1 o !a P t $Tµ Experience: Please as -h any additiotwl info marion yo r fulpe�dr es,� 774is «ppGcatiew slsox/d k fo,+vo ded ro Srre . Fxeraubive Mosggo to &e B—d of C-osty Coontet mggrs, 33 ®1 East Tannsnr TYoi{ Ngples, PZ 31112. If.V” II" pk—fier y~ gpa..dasr to (239)77 3602 ae -mail to sutfilsor(a,coUiereor.nat T%WA yon for rohmiewty to sew the ckhow of Collie► Cornty. Agenda item No. 9C EXECUTIVE SUMMARY Febru� ge Page 11 APPOINTMENT OF MEMBER(S) TO THE LAKE TRAFFORD RESTORATION TASK FORCE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on April 23, 2010 to the Lake Trafford Restoration Task Force. CONSIDERATIONS: The Lake Trafford Restoration Task Force is a13- member task force created by Ordinance No. 2002 -18 on April 23, 2002 to develop and implement a restoration program to include identification of the best methods to remove and /or prevent an algae bloom in order to restore Lake Trafford to its unpolluted condition; to identify available funding sources to fund with the restoration project; and, to prepare written findings and recommendations to the Board of County Commissioners. Membership includes individuals representing the Audubon Society, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Big Cypress Basin, the Immokalee Chamber of Commerce, the Conservancy, environmental specialists, marine consultants, and private individual citizens from Immokalee with an interest in the preservation of Lake Trafford. Terms are 4 years. A list of the current membership is included in the backup. Jackie Smith, FDEP did not request reappointment and her teen expired on April 23, 2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. David Bishof Certified Professional Wetland 2 Yes None Scientist COMMITTEE RECOMMENDATION: No Recommendation — a memorandum was received from staff advising that Mr. Bishop does meet the criteria for appointment. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request 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: FEBRUARY 13, 2007 Agen�a Itern No, 9C Pebruary 13. 2007 Page t of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9C Item Summary: F- ppo;ntrrem o` mem;,cr to the Lake 7 ra`iord Restoration ?asK Force. Meeting Date: 2.1'3/2C07 9.00 -0,, AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1!f 91200710: 10:19 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managefs Office 2/1/2007 8:06 PM Agenda Item No. 9C �ebruary 13, 2007 ?age 3 of 11 Naples @i Marco Island Everglades MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Gail Hambright, Tourist Tax Coordinator DATE: January 29, 2007 SUBJECT: Lake Trafford Restoration Task Force The attached applicant is qualified to serve on the Lake Trafford Restoration Task Force. The Task Force has not met so there is no recommendation from the board. Convention & Visitors Bureau 3050 N. Horseshoe Drive #218, Naples, FI 34104 T (239) 403 -2384 • IF (239) 403 -2404 Web site www.class-W—florida.com Ur- - rP-)o - � o a� - rt Q t� J MLL Q A �o W w J a� a � AA d a N n O� W � W o U � A �o .o A Z-' w z � O U O ris o cn a �p z w o a Grp U o a� a � AA d a N n O� W � W o U � A C Lake Trafford Restoration Task Force Name Work Phone Appi'd Exp. Date Home Phone DateRe -appt 2ndExpDate Mr. Gary Holloway 3341000 06/20/06 P.O. Box 2162 633 -4069 Immokalee, FL 34142 E -Mail: gary.h @wallaceintltrucks.com District: 5 Category: Interested Citizen Ms. Patricia Anne Goodnight 657 -4434 06/20/06 803 Tippins Terrace 657 -3356 Immokalee, FL 34142 E -Mail: anneg @dlcmhc.com District. 5 Category: Interested Citizen Mr. Paul M. Rosofsky 10/24/06 5989 Ashford Lane 514 -3963 Naples, FL • 34110 E -Mail. dprosofsky @comcast.net District: 2 Category: Retired Mr. John M. IgIehart 332 -6975 05/07/96 10971 Hereford Drive 694 -1490 06/20/06 Ft. Myers, FL 33905 E -Mail. jon.iglehart@dep.state.fl.us District: 0 Category: Department of Environmental Protection Mr. Jon Fury 625 -5122 05/07/96 132 Pahnetto Rd., West 439 -0871 06/20/06 Lake Worth, FL 33467 E Mail: jon.fury@myFWC.com District: 0 Category: Florida Fish and Wildlife Conservation Commission Thursday, Odober 26, 2006 Page I of 4 04/23/10 04/23/10 04/23/10 05/07/97 04/23/10 05/07/97 04/23/10 Benda Item No. 9C February 13, 2007 Page 5 of 11 Term 2nd Term 4 Years 4 Years 4 Years 1 Year 4 Years 1 Year 4 Years M Agenda Item No. 9C February 13, 2007 Page 6 of 11 Lake Trafford Restoration Task Force Name Work Phone Appi'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Edward Olesky 6001 Lake Trafford Road Immokalee, FL 34142 E -Mail: District: 5 Category: Lake Trafford Marine, Inc. 657 -2401 06/20/97 05/07/98 657 -2401 06/20/06 04/23/10 Mr. Clarence S. Tears, Jr. 597 -1505 05/20/97 05/07/98 320 Lambton Lane 348 -1356 06/20/06 04/23/10 Naples, FL 34104 E-Mail: ctearsjr @sfwmd.gov District. 2 Category: South Florida Water Management District Mr. James Richard Bybee 370 33rd Avenue, N.W. Naples, FL 34120 E -Mail: bybeeflorida @aol.com District: 5 Category: Environmental Specialist Mr. Miles "Rocky" Scofield 38 Banyan Road Naples, FL 34108 E -Mail: mscofi5381@aol.com District: 4 Category: Scofield Marine Consulting Ms. Nicole Ryan 5501 Rattlesnake Hammock Road Naples, FL 34113 E- Mail: nicder @conservancy.org District: 1 Category: The Conservancy 595 - 2830 06/20/06 04/23/10 3045939 643 -0166 05/07/96 05/07/97 598 -3786 06/20/06 04/23/10 403 -4220 09/12/00 05/07/01 793 -4416 06/20/06 04/23/10 Thursday, October 26, 2006 Page 2 of 4 1 Year 4 Years I Year 4 Years 4 Years 1 Year 4 Years 1 Year 4 Years Agenda Item No. 9C ebrua�y 13, 21007 Paae 7 of 11 Lake Trafford Restoration Task Force Name Work Phone Appi'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term VACANT 04/23/10 ,FL E -Mail. District: Category: Mr. Fred N. Thomas, Jr. 1205 Orchid Avenue Immokalee, FL 34142 E -Mail: fntjr @aol.com District: 5 Category: Immokalee Chamber 657 -8181 05/07/96 05/07/97 657 -5447 06/20/06 04/23/10 Mr. Jim Coletta 774 -8097 11/14/00 06/26/04 3301 East Tamiami Trail 06/20/06 04/23/10 Naples, FL 34112 E Mail: jimcoletta @colliergov.net District: 5 Category: County Commissioner, District 5 �_, Thursday, October 26, 2006 Page 3 of 4 1 Year 4 Years 4 Years 4 Years Agenda Item No. 9C February 13, 2007 Page 8of11 Lake Trafford Restoration Task Force Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -Wt 2ndEzpDate 2nd Term This 14 member task force was established for a 1 year period on May 7, 1996, by Resolution No. 96-225 to serve as an advisory and oversight body for the Board of County Commissioners to the appropriate staff who will initiate activities to demuck and restore Lake Trafford. Resolution No. 97 -250 - extending terms for 1 year to May 7, 1998; Resolution No. 98 -118 - extending terms for 1 year to May 7, 1999; Resolution No. 99 -239 - extending terms for 1 year to May 7, 2000. On 4123/02 the Board adopted Ordinance 2002 -18 establishing this task force as a 13 member permanent committee. Terms are 4 years. FL STAT Staff: Gail Hambright, Tourism Department: 213 -2966 7;uW-emu: A . ;::.< :, ; _,,: ,. .? " Thursday, October 26, 2006 Page 4 of 4 MEMORANDUM DATE: January 2, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager ,1 Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda !ten No. 9C February 13. 2007 030° 9 of II jas 2 -20'()'t aM1t?•51 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. LAKE TRAFFORD TASK FORCE David Bishof 9672 Litchfield Lane Naples, FL 34109 Thank you for your help. COMMISSION DISTRICT (� v 0 Agenda Item No. 9C February 13, 2007 MEMORANDUM Page 10 of 11 DATE: January 2, 2007 TO: Gail Hambright, Tourism Departniont FROM: Sue Filson, Executive Manager , Board of County Commissioners RE: Lake Trafford Restoration Task Force As you know, we currently have vacancies 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: David Bishof 9672 Litchfield Lane Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the 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 Advisory Board Application 0 • • filson_s From: dbishof @cte.cc Sent: Friday, December 15, 2006 9:39 AM To: filson_s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/15/2006 9:38:33 AM. Name: lbavid Bisho Home Phone: 39- 566 -1251 Home Address: 672 Litchfield Lan City: WaDle Zip Code: ff4l Phone Numbers Fax: 39- 947 -1323 Business: 39- 947 -026 e -Mail Address: bishof cte -c Work Place: onsul -Tech Development Service How long have you lived in Collier County: Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? Board / Committee Applied for: ake Traffor Category: Not indicate Do you currently hold public offfice? Do you currently or ever served on a Collier County Board or Committee? Page 1 of 1 Ancenda Item No. 9C rebruary 13, 2007 Page 11 of 11 'lease list your community activities: Southwest Florida Association of Environmental Professionals, member Calousa chapter of the Sierria Club, member Society of Wetland Scientist, Certified Profesional Wetland Scientist Education: S in Marine Science BS in BiologyJ 12/15/2006 Aaenda Item No. 9D February 13, 2007 Page 1 of 3 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING SUPPORT FOR THE STATE LEGISLATORS' EFFORTS REGARDING STATE INSURANCE REFORM WHEREAS, in an e-mail dated November 2, 2006, and during our pre - legislative workshop on November 8, 2006, the Board of County Commissioners expressed its concern with the insurance crisis in the State of Florida and suggested some fundamental changes; and WHEREAS, on January 23, 2007, the Board of County Commissioners reviewed the efforts being made by the State Legislature in addressing the insurance crisis; and WHEREAS, the Board of County Commissioners found that the Insurance crisis directly affects Collier County residents and all citizens of the State of Florida; and WHEREAS, the Board of County Commissioners is concerned that private insurance companies are not adequately evaluating and allocating Florida's specific risks with other states throughout the nation insured by the parent companies; and WHEREAS, the Board of County Commissioners supports consumer choice in the selection of insured value and deductibles for hurricane coverage; WHEREAS, the Board of County Commissioners applauds the first step of the State legislature in allowing insureds to exclude windstorm coverage from their policies if the mortgage company also approves. The new legislation also provides that consumers may increase deductibles, also with the approval of the mortgage company. Finally, consumers will also be able to exclude contents insurance and thereby lower their premiums. WHEREAS, the Board of County Commissioners supports requiring the "hardening" of structures by upgrading building codes. The new legislation requires insurance companies to offer discounts to citizens who strengthen their homes; and WHEREAS, the Board of County Commissioners finds that Citizens Property Insurance must be reviewed and should offer rates competitive with private insurance companies; and WHEREAS, the Board of County Commissioners applauds new legislation reducing Citizens Property Insurance rates, however the Board of County Commissioners encourages further overhaul of Citizens Property Insurance; and WHEREAS, the Board of County Commissioners supports efforts to create a national wind insurance program similar to the National Flood Insurance Program; and WHEREAS, the Board of County Commissioners strongly opposes any change to the catastrophic cap or re- insurance program which transfers risk from the insurance companies to Florida property owners; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners strongly supports insurance reform that will result in immediate rate reductions and consumer choice for all Florida property owners. The Board of County Commissioners applauds the State legislature in efforts to reform insurance in Florida and encourages the legislature to continue its efforts in addressing these specific items of concern to all Florida citizens. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney 07- 90C-0029M 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James Coletta, CHAIRMAN A A nda Item ND. 5D February 13, 2007 Pape 2 of 3 lenda Iteri-I rJo. S3D February 13, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9D Item Summary: H. resolution of the E3oard of County Commissioners I.Dlher County, of Flonda, eseolishing surporf for the Stale Leglsiators' efforts reaard,ng state insurance retorm. (Commissioner Coyle) Meeting Date: 9.00 00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office V19.12007 10:10:19 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1!2912007 5:07 PM Agenda Item No, 10A February 13, 2007 EXECUTIVE SUMMARY Page 1 of 25 Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. OBJECTIVE: To obtain BCC approval of the DCA to acquire right -of -way, an easement, water management and advanced funding for the expansion of Davis Boulevard from Radio Road to Collier Boulevard "The Project ". This agreement would be in accordance with the overall objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted on January 12, 2006. CONSIDERATIONS: Improvements to Davis Boulevard have been recognized as the highest priority by the Collier County MPO since 1999. The roadway currently operates at LOS "F" and the intersection of Collier Boulevard and Davis Boulevard is recognized as a critical intersection. This project is funded for design only, with a pending commitment from FDOT for a 20 million dollar advancement reimbursement for construction if the County can secure the necessary right -of -way, funding and water management in advancement of construction. This agreement and companion items Alligator Alley PUDZA AR# 6417 as well as the Mystique DCA are critical to securing the 20 million dollar funding from FDOT. The Developers have also agreed to provide a drainage easement at no cost to the County to facilitate access to the proposed pond site on the Mystique property. They have also donated and reserved right of way necessary to finalize the right of way needs for the project. The easement, donation and reservations are shown in exhibit "C ". The value for the reservation is consistent with the lower valuation as outlined in the attached appraisal memo. The Developers have also agreed to prepay their roadway impact fees in the amount of $1,581,660 and to the withholding of certificates of occupancy for 120,000 square feet of retail space until December 31, 2009 or the Project is substantially complete. It should also be noted that without area 5 as shown on exhibit "C ", The County /FDOT would be forced to acquire right of way from the existing gas station which has been estimated conservatively at 5 to 7 million dollars in damages and purchase. This agreement has been initiated by the County to expedite the Project and has not been proposed by the Developers. FISCAL IMPACT: A budget amendment is needed to recognize funds in the amount of $1,581,660 to be received from the developer for roadway impact fees and will be deposited into the Davis Boulevard Widening Project within the Road Impact Fee District 2 Fund (336). The agreement would allow for the purchase of 59,599 square feet of property at the fixed price of $15.72 a square foot for a total purchase price of $936,896 and will be paid from the Road Impact Fee District 2 Fund (336) at a later date. The savings compared to the purchase of the gas station parcel is several million dollars. GROWTH MANAGEMENT: This Developers Contribution Agreement would be consistent with the goals and objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted January 12, 2006, (incorporated into the Collier County Growth Management Plan), and the Transportation Element of the GMP. RECOMMENDATION: That the Board of Commissioners approves this DCA between the Developers and Collier County to obtain the right -of -way, an easement and water management necessary to finalize the commitment from FDOT for the advancement Agenda Item No. 10A Fe5ruary 13, 2007 reimbursement agreement for 20 million dollars and approve the necessary budkae 2 of 25 amendment. Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division Attachments: 1) The Developers Contribution Agreement; 2) Appraisal Memo; 3) Project Locus Map; 4) Exhibits A; 5)Exhibits B; 6) Exhibits C; 7) Exhibit D; 8) Exhibit E Agenda Item No 10A Fenwilry 13, 2007 Paw 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ILA Item Summary: This item to ba heart at 1 05 p m. This item was connnued from the Janua 112. 2007 BCC Meeting_ RecornmendahOr to approve a Developers Convibutior Agreement IDCAi between Benderson_ N�estport and Davis Crossing {The Developers, and Collier County to obtain right -ot -way. easements drainage (,ommiiments and advanced funding for the future eq)ansicr of Daws Boulevard (Norman Fetter, Administrator_ I ransportatiun Serviced (Companion item tc BB and 10B) Meeting Date: 2/13/2007 9,00 00 .AM Approved By Nick Casalanguida Protect Manager Date Transportation Services Transportation Planning 1129/2007 10:03 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services I ransportation Planning 1/29/2007 10:08 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 112912007 10:45 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/2912007 11:57 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 112912007 1:51 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 112912007 4:02 PM Approved By Michael J. DeRuntz Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 113012007 1:37 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/30!2007 1:57 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/31/2007 7:51 AM .Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 212/2007 10:13 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 215. 12007 2:46 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/512007 7:19 PM Aoenda Item No. 10A February 13. 2007 Page 4 of 25 �LLI�,1 Memorandum U I To: Nick Casalanguida, Planning Manager From: Harry Henderson, SRA, Review Appraiser TE /CM, Right of Way Date: January 3, 2007 Subject: Valuation Analysis, Davis Crossings /Market Center DCAs I have been asked to evaluate 5 parcels needed for Davis Boulevard roadway improvements which are currently part of the Davis Crossings and Market Center Commercial PUDs. The acquisition of these parcels is currently being negotiated as part of the DCAs associated with the approval of these projects. All of the identified parcels are portions of multi -acre commercial sites, none involve impacts to outparcels. The various parcels involve takes of 668sf, 6,235sf, 31 226sf, 33,11lsf, 21,470sf. The current status of the parent tracts is raw/unimproved land. The parcels are valued based upon a review of recent sales involving similar commercial sites in the area. These sales are briefly described as follows: 1. SEC of Pine Ridge Rd/Napa Blvd. Sold 5/06 for $6,300,000 Size: 7.63 acres Reflects: $18.96/sf 2. NEC of Radio Rd /Livingston Rd. Sold 11105 for $13,525,000 Size: 15.97 acres Reflects: $19.44/sf 3. SWC of Pine Ridge Rd/Whippoorwill Lane Sold 71/05 for $9,500,000 Size: 15.54 acres Reflects: $14.03 /sf These sales show a unit prices ranging from $14.03 /sf to $19.44/sf, given differences in specific location, differences in entitlement status, size factor differences as well as time /market changes a unit price of $16.00 /sf is judged to be most reasonable for the various subject lands at this time. Thus- 668 sf x $16 /sf = $10,700 (rounded) 6235 sf x $16 /sf = $99,800 (rounded) 31,226 sf x $16 /sf = 5500,000 (rounded) 21,470 sf x $16 /sf = $343,500 (rounded) Aggregate Value of lands to be acquired: $954.000 HH Transportation Division TE /CM r , • i. �� "` ' j ,r �,mr,�..•. mow. , ,« �. --.�. " � h F 7 _��e�5 �' "t" •r'rz il' 'i f . 'i � � �• i i�::ue , n '+uk. :•�. id�te. f w 71 It- k L,•�.IYIKLr..b so won 0 so "Ut IRA on •a Y COMM CENTER ire � � '� 4 ,� S x �A 1 � 'aw ° ¢ !u: ;{ �"a1. `'`a �;✓!. y t Ae WO S a P � v' e " n' a Aaenda Item Nn. 1OA February 13,. 2007 Page 6 of 25 DEVELOPER AGREEMENT DAVIS BOULEVARD PROJECTS THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this of , 2007, by and between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; WR -I Associates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201 (collectively referred to as "Benderson ") and Ronald Benderson 1995 Trust, WR -I Associates, a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201, and Market Center Association, Inc., a Florida not for profit corporation, its successors and/or assigns whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201 (referred to as "Westport") and DAVIS CROSSINGS, LLC; DAVIS CROSSINGS II, LLC; DAVIS CROSSINGS III, LLC; DAVIS CROSSINGS IV, LLC; DAVIS CROSSINGS V, LLC; DAVIS CROSSINGS VI, LLC; DAVIS CROSSINGS VII, LLC; DAVIS CROSSINGS VIII, LLC, all of which are Florida limited liability companies, whose address is 8441 Cooper Creek Blvd., University Park, Florida 34201 (collectively referred to as "Davis Crossings ") (Benderson, Westport and Davis Crossings shall hereinafter collectively be referred to as "Developers "), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Benderson is the owner of certain developed undeveloped lands laying adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD "), more specifically I -75 /Alligator Alley PUD, which PUD is proposed to be amended by Petition No. PUDZ- 2004 -AR -6417 and its related pending Site Development Plan Application No. SDP -AR -4171. A legal description and sketch of lands in this PUD are attached as Exhibit A; and WHEREAS, should Petition No. PUDZ- 2004 -AR -6417 be granted, the 1 -75 /Alligator Alley PUD will be amended. Benderson will need an additional Certificate of Adequate Public Facilities for transportation concurrency purposes for an additional 135,000 gross leasable square feet of retail space, resulting in this PUD at build -out to contain a total of approximately 265,000 gross leaseable square feet of retail /office space; and WHEREAS, to obtain this Certificate, Benderson is willing to prepay to the County 100% of the current Road Impact Fees for this additional space in the anticipated sum of S1,581,660; and WHEREAS, Davis Crossings is the owner of a PUD located adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida, known as the I -75 /Collier Boulevard Commercial Center PUD. A legal description and sketch of lands in this PUD is attached as Exhibit B; and Agenda Item No. 10A February 13, 2007 Page 7 of 25 WHEREAS, Westport is the owner of parcels of land within the Westport Commerce Center MUPUD which County desires to use to expand Davis Boulevard and land upon which the County desires a drainage easement and Westport is willing to reserve it for future conveyance, in the approximate location show in Exhibit C; and WHEREAS, in connection with widening Davis Boulevard to six lanes Benderson estimates that it can accept within the I -75 /Alligator Alley PUD stormwater management system stormwater runoff from Davis Boulevard for approximately 1.0 acre of proposed road right -of- way; and WHEREAS, Davis Crossings is willing to reserve for future conveyance to the County a strip of property located within the PUD which is required for the future expansion of Davis Boulevard in the approximate location shown in Exhibit C; and WHEREAS, Benderson, Westport and Davis Crossings acknowledge and represent to Collier County that consideration granted to one is consideration granted to all developer parties; and WHEREAS, Developers wish to enter into this Agreement, which grants Benderson vested concurrency rights, and County wishes to enter into this Agreement in order to facilitate the widening of Davis Blvd; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan ") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance; and d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement. Page 2 of 12 Aaenua Item No, 10A February 13, 2007 Page 8 of 25 WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Subject to applicable Federal, State and local governmental approvals, Benderson will provide County stormwater management outfall within the I -75 /Alligator Alley PUD for the Davis Boulevard Drainage. The Alligator Alley stormwater management system (the "System ") shall be designed to treat surface water to specified water quality standards pursuant to all governmental permits and approvals for the I -75 /Alligator Alley PUD. The County agrees, subject to Florida Statutes Section 768.28, that any surface water entering the System from the Davis Boulevard Drainage will be capable of treatment to the specified water quality standards pursuant to all governmental permits and approvals for the Development without modification(s) to the System, and that surface water discharged into the System will comply with the requirements of the County -wide National Pollution Control Discharge Elimination System Permit (and any successor permit applicable thereto), if applicable. The maximum volume of water that will be accepted into the System from the Davis Boulevard drainage is limited to the amount required to drain one acre of the proposed Davis Boulevard right -of -way. 3. Westport shall grant drainage easements (the Drainage Easements) at no expense to the County and Westport and Davis Crossings shall reserve for future conveyance to the County right -of -way for the expansion of Davis Boulevard in the approximate locations shown in the attached Exhibit C (the "Subject Parcels "), the exact legal description of which is to be later determined by the County. The Subject Parcels will be conveyed no later than December 15, 2007, at the fixed rate of $15.72 per square foot multiplied by the square footage of the land conveyed. Westport and Davis Crossings shall convey the Subject Parcels to the County in fee simple, free and clear of all liens and encumbrances (excepting those certain conservation easements identified in Plat Book 41, Pages 60 and 61; OR Book 4098, Page 2160; OR Book 3270, Page 1801; and a Landscape Easement identified as landscape tract L -2 in Plat Book 41, Pages 60 and 61, collectively referred to herein as the "Exceptions ") made by an executed Warranty Deed provided to the Office of the County Attorney, suitable for recording, the general form of which is attached hereto as Exhibit E. County will pay the costs of any title work and searches, and Westport and Davis Crossings shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work, excepting the Exceptions, which County will be responsible for clearing and mitigating. Developer shall fully cooperate with County and utilize all due diligence in helping County clear and mitigate the Exceptions. Upon receipt, the County shall record the Warranty Deed in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by Westport and Davis Crossings. With respect to this provision, time is of the essence. It is acknowledged that Westport and Davis Crossings' failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Westport and Davis Page 3 of 12 Agenda Item No. i0A February 13, 2007 Page 9 of 25 Crossings shall pay to County as liquidated damages the sum of $1,000 per day for each day past the deadline that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. All provisions of this Agreement shall survive closing and be enforceable by the County and Westport and Davis Crossings and their successors and assigns. It is anticipated that absent this conveyance, the Subject Parcels would be scheduled for condemnation as part of the FDOT design and acquisition for the Davis Blvd improvements. Since the Subject Parcels are being acquired for public use, in lieu of future condemnation, it is expressly agreed that the provisions of LDC § 1.04.04.13 (Ordinance No. 2006 -07), a copy of which is attached hereto and incorporated by reference as Exhibit "D" shall apply to these two developments. Accordingly, nothing in the Westport and Davis Crossings PUD projects shall be deemed nonconforming or in violation of any Collier County requirements as a result of these easement grants and conveyances in lieu of condemnation. 4. If requested by the county attorney, the Developers shall provide to the county attorney, at no cost to the county, an attorney's opinion identifying the record owner, his authority to enter into this Agreement and identify any lien holders having a lien or encumbrance on the Subject Parcel. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 5. Within 30 days final approval of PUD Amendment, Petition No. PUDZ- 2004 -AR- 6417 and the expiration of all applicable appeal periods to challenge the zoning approval with no appeal having been filed, Benderson shall prepay to County 100% of the County's estimated Road Impact Fees for 135,000 gross leaseable square feet of retail space in the anticipated amount of $1,581,660. Upon payment of these fees, Benderson shall receive a corresponding Certificate of Adequate Public Facilities ( "Certificate "). For the purposes of meeting the County's Transportation Concurrency requirements, the I -75 /Alligator Alley PUD will be vested for 265,000 gross leaseable square feet of retail /office commercial space. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits. The Certificates will run continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, Benderson shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may, at Benderson's election (1) be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements, or (2) be promptly returned to Benderson. It is expressly understood that the prepaid Road Impact Fees will be utilized in the order in which the Building Permits are reviewed by Collier County's Impact Fee Administrator, irrespective of whether Benderson assigns all or part of the Development. 6. The 1 -75 /Alligator Alley PUD will show an interconnection on the west side, which shall be determined at final Site Development Plan. Page 4of12 Agenda Item NO. 10A v February 13. 2007 Page 10 Of 25 7. Benderson agrees that in order to assist with the congestion on Davis Blvd., that with respect to the final 120,000 leaseable square feet of retail, /office commercial space for the I- 75 /Alligator Alley PUD, no certificates of occupancy will issue until the earlier of December 31, 2009, or until the first phase of the Davis Blvd. improvement project from Collier Blvd. to Radio Road is deemed by the County to be substantially completed. 8. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 9. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developers may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 10. Developers acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 11. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 12. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To Countv: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.LC.P. Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 To Developers: 8441 Cooper Creek Boulevard University Park, Florida 34201 Phone: (941) 359 -8303 Facsimile: (941) 359 -1836 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 13. Developers shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Page 5 of 12 Agenda Item Flo, 10A February 13; 2007 Page 11 of 25 Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 14. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 15. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 16. This Agreement is contingent on and shall not become effective until final approval of PUD Amendment, Petition No. PUDZ- 2004 -AR -6417 and the expiration of all applicable appeal periods to challenge the zoning approval with no appeal having been filed. If an appeal is filed by a third party, then on written notice, any party may terminate this Agreement. During this contingency period, County shall reserve for the Developments sufficient capacity on the County's transportation network for 265,000 gross leaseable square feet of retail /office commercial space and 147,000 gross leaseable square feet of retail /office commercial space for each of the respective Developments. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW Page 6 of 12 Agenda item No. 10A Februa(y 13. 2007 Pane 1.2 of 25 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA In AS TO DEVELOPER: WITNESSES: Print Name: Print Name: , Deputy Clerk STATE OF FLORIDA COUNTY OF MANATEE WE JIM COLETTA, CHAIRMAN David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust The foregoing instrument was acknowledged before me this , day of 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Page 7 of 12 2007. Expiration Date WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Agenda Item No. 10.A February 13, 2007 Page 13 of 25 WR -I ASSOCIATES, LTD. By: BG The Village, LLC, General Partner David H. Baldauf, as Manager The foregoing instrument was acknowledged before me this , day of 2007 by David H. Baldauf, as Manager of BG the Village, LLC, General Partner of WR -I ASSOCIATES, LTD., who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. Notary Public NOTARY RUBBER STAMP SEAL — OR EMBOSSED SEAL Printed Name Commission No. Page8of12 Expiration Date WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Aaenda Item f�!o. 10A v �ebrua�ry i3, 20 6, 7 Page 14 of 25 DAVIS CROSSINGS, LLC DAVIS CROSSINGS II, LLC DAVIS CROSSINGS III, LLC DAVIS CROSSINGS IV, LLC DAVIS CROSSINGS V, LLC DAVIS CROSSINGS VI, LLC DAVIS CROSSINGS VII, LLC DAVIS CROSSINGS VIII, LLC David H. Baldauf, Manager The foregoing instrument was acknowledged before me this day of 2007 by David H. Baldauf, as Manager of DAVIS CROSSINGS, LLC; DAVIS CROSSINGS II, LLC; DAVIS CROSSINGS III, LLC; DAVIS CROSSINGS IV, LLC; DAVIS CROSSINGS V, LLC; DAVIS CROSSINGS VI, LLC; DAVIS CROSSINGS VII, LLC; DAVIS CROSSINGS VIII, LLC, who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No Page 9 of 12 Expiration Date WITNESSES: Print Name: Print Name: Agenda Item No. 10A February 13, 2007 Page 15 of 25 RONALD BENDERSON 1995 TRUST. Name: Title: STATE OF FLORIDA COUNTY OF MANATEE The foregoing instrument was acknowledged before me this day of 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated , known as the RONALD BENDERSON 1995 TRUST, on behalf of the Trust, who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Expiration Date Page 10 of 12 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Aaenda Item No. 10A February 13; 2007 Page 16 of 25 MARKET CENTER ASSOCIATION, INC. IN Name: Title: The foregoing instrument was acknowledged before me this day of 2007 by as of MARKET CENTER ASSOCIATION, INC., a Florida not for profit corporation (the "Corporation "), on behalf of the Corporation, who is personally — known to me or has produced as identification. WITNESS my hand and official seal this day of 12007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney Notary Public Printed Name Commission No. Page 1 I of 12 Expiration Date Agenda Item No. 10A February 13, 2007 Page 17 of 25 SCHEDULE OF EXHIBITS EXHIBIT A - Legal description and sketch of lands of Benderson's Development. EXHIBIT B - Legal description and location map of Davis Crossings' Development. (I -75 /Collier Boulevard Commercial Center PUD) and the Westport Commerce Center MUPUD. EXHIBIT C Sketch of Approximate Future Right -of -Way South of Davis Boulevard. EXHIBIT D Form of Warranty Deed Page 12 of 12 HOLE MONIES EWAIEMS • RAWM - WW NM LANDSCAPE AFl0llTWW 950 Encore Way • Naples, Florida 34110 • Phone: 2392542000 • Fax: 2392542099 LEGAL DESCRIPTION: Acienue Item No. 1OA r e'urua�y 13. 2007 Page 18 of 25 HM PROJECT #2002012 8/'2/2005 REF. DWG. #13-5586 Page 1 of 1 EXHIBIT A -2 ALL OF LOTS 3,4 & 5 AND TRACT A AND PORTIONS OF LOTS 2 & 6 AND TRACT R OF 951 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGES 1 THROUGH 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN A PORTION OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 3,951 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGES 1 THROUGH 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°26' 16 "W., ALONG THE WEST BOUNDARY OF SAID 951 COMMERCE CENTER FOR A DISTANCE OF 1,114.08 FEET TO THE NORTHWEST CORNER OF LOT 5, OF SAID 951 COMMERCE CENTER; THENCE RUN 5.89 °46' 14 "E.. ALONG THE NORTHERLY BOUNDARY OF LOT 5 AND LOT 6 OF SAID 951 COMMERCE CENTER FOR A DISTANCE OF 990.72 FEET; THENCE RUN 5.23 °1TI 0"E., ALONG THE BOUNDARY OF SAID LOT 6 FOR A DISTANCE OF 68.01 FEET; THENCE RUN S.00°32' 14'T? , ALONG THE BOUNDARY OF SAID LOT 6 FOR A DISTANCE OF 254.44 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL, AS DESCRIBED AT O.R. BOOK 3643 AT PAGES 3528 -3531, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°46' 14 "W., ALONG THE SAID NORTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED AT O.R. BOOK 3643 AT PAGES 3528 -3531, FOR A DISTANCE OF 178.72 FEET T