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Agenda 02/27/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 27,2007 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 10 1. INVOCATION AND PLEDGE OF ALLEGIANCE 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. January 24, 2007 - BCC/AUIR Meeting C. January 25, 2007 - BCC/EAR Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation honoring Veterans Transportation Program to offer appreciation and thanks to the volunteer drivers, office staff, and their families for their efforts in making the quality of life better for veterans in our community. To be accepted by Mr. Jim Elson, President, Collier County Veterans Council. B. Proclamation designating February 2007 through April 2007 as Celebration of Children and Families Months. Multiple local and statewide non-profit organizations representing many different childrens issues are participating in the celebration, providing a holistic approach to the well-being of children, and encompassing all issues which impact Floridas children and families. To be accepted by Barbara A. Saunders Executive Director, Early Learning Coalition of Southwest Florida. C. Proclamation designating March 2007 as National Purchasing Month to celebrate the importance of the purchasing profession in general and the Collier County Purchasing Department in particular. To be accepted by Mr. Steve Carnell, Purchasing, General Services Director. 5. PRESENTATIONS A. Thanks to the continued support of the Board, the public Automatic External Defibrillation (AED) Program, here in Collier County has been a model that other communities have attempted to duplicate. Through this AED Program, thousands of citizens, not in the medical profession, have been trained in CPR and how to operate an AED if an emergency should ever arise. On Tuesday May 2, 2006, at the Golden Gate Fitness Center such an emergency arose. A member of the fitness center, while using a treadmill, lost consciousness and went into cardiac arrest. A group of citizens responded accordingly and we want to thank them today. B. Contractor Presentation for South County Regional Water Treatment Plant 12 mgd. 6. PUBLIC PETITIONS A. Public petition request by Neil Spirtas to discuss the purpose of STOP! Red Light Running Coalition and request financial support. B. Public petition request by Richard Greco to discuss the Vanderbilt Beach Road Extension. C. Public petition request by Roberto Leon to discuss property at 1071 16th Street NE and the Vanderbilt Beach Road Extension. D. Public Petition request by Greg Bello to discuss the Goodland Zoning Overlay. Page 2 of 10 E. Public petition request by Mona Casey to discuss a safety refrigerant locking cap Ordinance. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2006-AR-9403 Toll Brothers, Inc., represented by Walter Fluegel, AICP, of Heidt & Associates and Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting a PUD to RPUD rezone. The approved zoning classification is currently Recreational Theme Park known as King Richards. The proposed use of the property is multi-family residential (133 multi-family units) to be known as the Princess Park Residential Planned Unit Development (RPUD). The subject property, consists of 11.3 acres, and is located on Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-10550: Collier County Department of Facilities Management, represented by Heidi Williams, of Q. Grady Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03. G.1.e and Section 10.08.00 of the Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Boulevard North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2005-AR-7271: Collier County Public Utilities Department, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Pelican Bay Services Division Board. B. Appointment of member to the Bayshore Beautification MSTU Advisory Committee. C. Request Board to set the place and time for the Clerk, with the assistance of the County Attorneys Office, to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay Services Division Board. D. Discussion of proper actions under Public Comment or Commissioner's comments at future Commissioner meetings. E. That the Board of County Commissioners consider adopting a resolution pertaining to the citizens of Collier County and their right to the use of any and all Collier County Facilities. Page 3 of 10 10. COUNTY MANAGER'S REPORT A. Report to the Board of County Commissioners on the blasting activities at the Jones Mine Commercial Excavation site. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) B. Recommendation to award Work Order HS-FT-3785-07-03 in the amount of $2,846,000 to Hazen and Sawyer, P.C. (H&S), for professional engineering services to expand the North County Water Reclamation Facility (NCWRF) to 30.6 million gallons per day (MGD) maximum month average daily flow (MMADF), as Project 73950. (Jim DeLony, Administrator, Public Utilities) C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000.00. (Norman Feder, Administrator, Transportation Services) D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street and Wood crest Drive from Immokalee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000.00 (Norman Feder, Administrator, Transportation Services) E. To seek Board approval of a State Infrastructure Bank Loan Agreement in the amount of $12,000,000, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter into and execute these agreements with the Florida Department of Transportation to be used for the 1-75/lmmokalee Road Interchange Loop Project. (Norman Feder, Administrator, Transportation Services) F. Approve a Budget Amendment to move excess landscape maintenance funds in the amount of $1,148,493.03 from Fund 112 to the Transit Operations Facility for Repairs and or Renovations needed at the site. (Norman Feder, Administrator, Transportation Services) G. That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2008. (Michael Smykowski, Director, Office of Management and Budget) H. Recommendation to award Work Order UC-280 in the amount of $997,252 to Mitchell and Stark Construction Company, Inc. to demolish the concrete structures and utilize the existing oxidation ditch structure as an irrigation quality water storage tank, establish eligibility for a SFWMD grant of $224,000, and to waive the work order threshold requirements under contract 04-3535 Annual Contract For Underground Utility Contracting Services, Project 72501. (Jim DeLony, Administrator, Public Utilities) I. Recommendation to approve the award of RFP #07-4092 SAP Upgrade Project to Labyrinth Solutions, Inc (dba LSI Consulting)in the amount of $1,209,999. (Len Price, Administrator, Administrative Services) J. Recommendation to award Bid #07-4072 "Collier County Irrigation Quality Water Project" to Douglas N. Higgins, Inc. to provide the installation and hookup of new Irrigation Quality (IQ) water lines to both the irrigation system and the chiller plant cooling towers on the Main Government Complex located at 3301 Tamiami Trail East in the amount of $1,183,500. (Len Price, Administrator, Administrative Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 4 of 10 12. COUNTY ATTORNEY'S REPORT 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 taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. 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 Turnbury Preserve, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 3. 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 Britney Estates. The roadway and drainage improvements will be privately maintained. 4. This item was continued from the February 13, 2007 BCC Meeting. 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. B. TRANSPORTATION SERVICES 1. Recommendation to approve the purchase of 1.14 acres of unimproved property 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: $125,610.00) 2. Recommendation to approve a Novation Agreement adding conditions and replacing a previous agreement with Countryside Master Association, Inc. for construction of a noise wall as part of the six-lane improvements to Santa Barbara Boulevard Project #62081. Estimated fiscal impact: ($0) 3. Recommendation to approve the purchase of two (2) Crew Cab Flat Bed Dump Trucks in accordance with Collier County Bid #04-3591 from Wallace International Trucks in the amount of $139,495.14. 4. Recommendation to approve the purchase of two (2) 20-CY Diesel Powered Dump Trucks in accordance with Collier County Bid #05-3731 from Wallace International Trucks in the amount of $208,059.54. Page 5 of 10 5. Recommendation to approve a work order in the amount of $484,660 to Aquagenix for the 2007 Australian Pine Removal Project (Project Number 51501) under Contract 03-3568 Annual Contract for Countywide Exotic Vegetation Removal. This $484,660 includes a 10% contingency of $44,060. 6. Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of $150.00. 7. Recommendation to approve a contract with Cambridge Systematics for Phase 1 of RFP-06- 3999 for the Toll Feasibility Study for the SS Jolley Bridge in the amount of $481,823. 8. Recommendation to approve Change Order No.2 to Contract No. 03-3473 with HDR Engineering, Inc. - Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District supplementing civil engineering design and surveying services in the amount of $162,560 for the Gateway Triangle Drainage Improvement Project, Project Number 51803. 9. Recommendation to approve a Developers Contribution Agreement (DCA) between SEMBLER FAMILY PARTNERSHIP #42, LTD., (The Developer) and Collier County to acquire right of way and fund roadway improvements. The Agreement is a companion item to the Hammock Park PUDA-2006-AR-10030, Item 17C. C. PUBLIC UTILITIES 1. Recommendation to approve the acquisition of a 60-foot by 60-foot Utility Easement near the northwest corner of 3898 1st Avenue SW for a public water supply well site easement, at a total cost not to exceed $27,000, Project Number 700661. 2. Recommendation to approve the acquisition of a 50-foot by 60-foot Utility Easement near the southwest corner of 341 Weber Boulevard North for a public water supply well site easement, at a total cost not to exceed $24,500, Project Numbers 700661 and 701581. 3. Recommendation to approve the acquisition of a Utility Easement for a 50-foot by 60-foot public water supply well site near the southwest corner of 611 Weber Boulevard South, and associated pipeline and access area, at a total cost not to exceed $52,700, Project Number 700661. 4. Recommendation to award Work Order HM-FT-3785-07-04 with Hole Montes, Inc. for professional services for Modifications to Collier County Water Department Raw Water Booster Pump Station in the amount of $600,600, Project 710041 5. Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. 6. Recommendation to approve a budget amendment to transfer funds in the amount of $250,000 from the Collier County Water-Sewer District User Fee Fund (414) Reserve for Contingencies to Project 743131, Northeast Irrigation Quality Pipeline, in order to purchase 9,720 feet on 24 irrigation quality pipe from the Transportation Department in the amount of $355,725. D. PUBLIC SERVICES 1. Recommendation to approve the submittal of a 2007 ESRI Grant Program for 4-H (U.S.) Introductory-Level Grant Application to the ESRI Grant Assistance Program and National 4-H GISfGPS Technology Leadership Team for the integration of geographic information system (GIS) software in Collier County 4-H clubs and schools. 2. Recommend Approval of a $40,000 Time & Material, Not-To-Exceed Professional Services proposal from PBS&J to have Dr. David Tomasko perform a Sea Grass Study on Lower Clam Bay identifying die-off factors, contributing relationships and outlining mitigation strategies and costs. Page 6 of 10 E. ADMINISTRATIVE SERVICES 1. Recommendation to approve the sale of surplus assets from the North County Water Reclamation Facility project. 2. To obtain approval from the Board of County Commissioners to authorize a sale of Collier County surplus property on March 24, 2007. 3. Approval of an Agreement between the Board of Commissioners and AIS Risk Consultants, Inc. to provide actuarial support services to the group, Fighting Against Insurance Rates, a/kla FAIR in an annual amount not to exceed $75,000. 4. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the fourth quarter of FY 06. 5. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the first quarter of FY 07. 6. Recommendation to approve a budget amendment for on-site grant training in the amount of $15,500. F. COUNTY MANAGER 1. Recommendation to authorize the removal of $570,992.54 from the Accounts Receivable Control Account and a like amount from the Allowance for Doubtful Accounts Control Account in the Emergency Medical Services Funds General Ledger for the time period of October 1, 2003 through September 30, 2005. 2. Recommendation to approve an Emergency Services Memorandum of Understanding between Collier County and Moorings Presbyterian Church. 3. Approve Budget Amendments G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the eRA Board to approve the lease of additional office space for Bayshore Gateway Triangle CRA operations, approve new office lease with landlord, authorize the CRA Chairman to sign, and approve all necessary budget amendments 2. To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. 3. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3148 Van Buren Avenue 4. Recommendation for the Community Redevelopment Agency to approve an extension of Site Improvement Grant Agreement 02/2006 between the CRA and Mr. Peter Canalia due to certain construction and permitting delays. 5. Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4048 Full Moon Court. Page 7 of 10 6. Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3252 Lunar Street. 7. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $235,000 plus cost and expenses to complete the sale of subject properties; and approve any and all necessary budget amendments. Site address: 3008 Van Buren Avenue H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the New Hope Ministries 25th Anniversary Celebration luncheon on February 11, 2006 and is requesting reimbursement in the amount of $22.00, to be paid from his travel budget. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the Know your County Government Teen Citizen Program Luncheon on April 10, 2006 and is requesting reimbursement in the amount of $9.00, to be paid from his travel budget. 3. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the Board of Directors of Leadership Foundations of America Board Meeting on February 22, 2007 and is requesting reimbursement in the amount of $30.00, to be paid from his travel budget. 4. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Concierge Medicine in Collier County Luncheon on Monday, February 19, 2007, at the Vineyards Park Community Center, Naples, FL; $15.00 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 5th Annual Women in History Luncheon on Friday, March 30, 2007 at the Naples Hilton & Towers; $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 Cleveland Club's 9th Anniversary Celebration on Wednesday, January 31,2007 at the Naples Elks Club; $28.00 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 2007 Lincoln Day Dinner on Saturday, March 3, 2007 at the Naples Beach Hotel; $125.00 to be paid from Commissioner Fiala's 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 February 03,2007 through February 09, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of February 10, 2007 through February 16, 2007 and for submission into the official records of the board. Page 8 of 10 K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $10,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. 2. Recommendation to approve Agreed Order Awarding Expert Fees and Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R and 946R in the lawsuit styled Board of County Commissioners v. Willow Run Land Trust, et a\., Case No. 05-1036-CA (South County Regional Water Treatment Plant RO Wellfield Expansion Project No. 70892). (Fiscal Impact $37,879.29) 3. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $215,000.00 for the Acquisition of Parcel 118 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et aI., Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $99,541.20) 4. Recommendation to approve an Agreed Order Awarding Planning Fees for Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et al., Case No. 06- 0708-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $14,500.00) 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. SNR-2006-AR-10898 Jon Ogle, representing the CRA Bayshore/Gateway Triangle, has submitted a street name change application. The request is to change the names of two streets, Francis Avenue and Pine Street, to Linwood Way. The new street, Linwood Way, would include Francis Avenue, south of Linwood Avenue to the dead-end intersection with Pine Street, and Pine Street, North of Francis to Linwood Avenue, in Section 11, Township 50, Range 25, Collier County, Florida B. Recommendation to adopt an ordinance amending Collier County ordinance No. 2001-13, as amended (The Collier County Consolidated Impact Fee Ordinance) by amending article two, impact fees, section 74-202, payment and section 74-203, use of funds; amending article three, section 74-302, special requirements for road impact fees; providing for conflict and severability; providing for inclusion in code of laws and ordinances; and providing for an effective date. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2006-AR-10030 Sembler Family Partnership #42, L TD, represented by Bob Mulhere, of RWA, Inc., requesting a PUD Amendment to reflect the current LDC sections which was recodified in 2004 in the Hammock Park Commerce Centre PUD Document. The subject property is 20.23 acres, and is located on the Northeast corner of the intersection of CR 951 and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. This is a companion item to 16B9. Page 9 of 10 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-200S-AR-7445, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A. requesting a rezone from the Conservation Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (Con-ACSCI ST) and the Village Residential Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST) Zoning District to the Village Residential Zoning District with an Area Of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST-4) Zoning District for Property Located in Section 12 and 13, Township 52 South, Range 29 East, Collier County, Florida. (Copeland) E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7820 Habitat for Humanity of Collier County, represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agricultural- Mobile Home Overlay (A-MHO) zoning district to the Residential Planned Unit Development (RPUD) zoning district to consist of an affordable housing residential neighborhood of 400 single-family, zero lot line, two-family or duplex dwelling units in a project to be known as the Kaicasa RPUD. The subject property, consisting of 100 acres, is located along the north side of State Road 29, east of Village Oaks Elementary School, and is approximately 2 miles east of the intersection of State Road 29 and County Road 846. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 10 of 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 27.2007 Withdraw Item 6B: Public petition request by Richard Greco to discuss the Vanderbilt Beach Road Extension. (Petitioner's request.) Move Item 8B to 7 A: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-10550: Collier County Department of Facilities Management, represented by Heidi Williams, of Q. Grade Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03.G.1.e and Section 10.08.00 of the Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Boulevard North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. (Staffs request.) Item 9E: Remove the word "whom" in the first line of paragraphs 1 and 2. The last paragraph of the Resolution should read, "The citizens of Collier County, who (remove "whom") . . .." (BCC Executive Manager Sue Filson's request.) Continue Item 10C to March 13. 2007 BCC meetina: Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000.00. (Staff's request.) Add on Item 10K: Acceptance of $1,510,094 in General Revenue funds and $1,6339,225 in Hazard Mitigation Grant Program (HMGP) funds towards the construction of the new Collier County Emergency Operations Center (EOC). (Staff's request.) Withdraw Item 16C5: Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. (Staff's request.) Item 16C6: In the title of the executive summary, the project number should read "743111" (rather than 743131). Also, under Considerations, the third sentence should read: "Public Utilities has an opportunity to purchase 9,720 linear feet (If) of 24" reclaim pipe from Transportation Department for $36.59 (rather than "$36") linear foot". Also, under Fiscal Impact, "Project 743111, Northeast Irrigation Quality Pipeline, is to install an Irrigation Quality (IQ) water line along Immokalee Road from Collier Boulevard to the new Northeast Plant. Collier County Transportation Division has excess IQ pipe that Public Utilities can purchase at reduced cost. However, the project budget presently does not have sufficient funding to cover the purchase of this pipe. Please see the table below: $225,450 + $250,000 Current Budget Budget Amendment Request $475,450 - $355,725 Cost of pipe to be purchased $119,725 Balance left in the project The remaining balance of $119,725 remaining in the project budget after the purchase of the pipe is needed to cover additional services such as field surveys, field coordination, and design." Item 16E2: In the Date Received column on Page 3, items 202 through 209, Page 4, items 301 and 302, and Page 7, items 802 and 803, the date should be 1/26/2007 (rather than 11/26/2007). (Commissioner Fiala's request.) Move Item 16E3 to 10L: Approval of an Agreement between the Board of Commissioners and AIS Risk Consultants, Inc. to provide actuarial support services to the group, Fighting Against Insurance Rates, aldlal FAIR in an annual amount not to exceed $75,000. (Commissioner Fiala's request.) Items 16G3. 16G5. 16G6. 16G7 (14A): The approval of these items is subject to receiving an appraisal that meets or exceeds the staff or independent appraisal. (Staff's request.) Move 16G7 to 14A: Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $235,000 plus cost and expenses to complete the sale of subject properties; and approve any and all necessary budget amendments. Site address: 3008 Van Buren Avenue. (Staff's request.) Withdraw Item 16H4: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Concierge Medicine in Collier County Luncheon on Monday, February 19,2007, at the Vineyards Park Community Center, Naples, FL; $15.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Withdraw Item 16H7: Commissioner Fiala requests Board approval for reimbursement for attending a function service a valid public purpose. Will attend the 2007 Lincoln Day Dinner on Saturday, March 3, 2007 at the Naples Beach Hotel; $125.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Item 17A should include ex parte disclosure: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." SNR-2006-AR-10898 Jon Ogle, representing the CRA BayshorelGateway Triangle, has submitted a street name change application. The request is to change the names of two streets, Francis Avenue and Pine Street, to Linwood Way. The new street, Linwood Way, would include Francis Avenue, south of Linwood Avenue to the dead-end intersection with Pine Street, and Pine Street, north of Francis to Linwood Avenue, in Section 11, Township 50, Range 25, Collier County, Florida. (Staffs request.) Item 17C: Under Staff Comment, the first paragraph on page 5 of the Executive Summary should read that Naples Lakes Country Club is west and not east of the subject site. Also under Staff Comments, third paragraph on page 5 of the Executive Summary, note that the fifty thousand (50,000) square feet of office space that may be converted is from the retail and office area that is being reduced to 160,000 square feet. (Staff's request.) Time Certain Items: Item 9D to be heard at 11 :00 a.m. Discussion of proper actions under Public Comment or Commissioner's comments at future Commissioner meetings. PROClAMA TION Agenda Item No 4A February 27, 07 Page 1 f 2 WHEREAS, the Veterans Transportation Program is a cooperative effort between the Collier County Board of County Commissioners and the Collier County Veterans Council: and, WHEREAS, the purpose of the Transportation Program is to provide free transportation for Collier County veterans to VA healthcare facl1ities in Ft Myers, Bay Pines, Tampa and other facilities in South Florida: and, WHEREAS, the drivers in this Program are all volunteers who donate their time and effort to see that our veterans receive needed healthcare in a timely manner: and. WHEREAS, the families of these volunteers also contribute to the success of this Program by supporting the volunteers and the goals of the Transportation WHEREAS, .donated 799 d have 'ested the NOW THEREFo. of th fa 'SIOners and families Dr the ATTEST: DWIGHT E. BROCK, ClERK Ilem Number: lIem Summary: Meeting Dale: Agenda Item No. 4A February 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation honoring Veterans -:-ransportatlon Program to ofter aporeclatlon and tnanks to the volunteer drivers office staff, and their families for thel!' efforts In making the quality of life better for veterans In our community To be accepted by Mr. Jim Elson, President Collier County Veterans Council 2/27120078.00.00 AM Date Prepared By Lisa Resnick Board of County CommIssioners Executive Aide to the Bee BCC Office 2/12/200710:35:14AM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the Bee Bce Office 2/12/200710:41 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/14/20073:33 PM WHEREAS: Agenda Item No. 48 FebruarY 27, 2007 the 12th Annual Children's Week "Celebrating Parents and Children" will take place in Tallahassee ~e 1 of 2 March 25, 2007 to April 1, 2007, bringing thousands of parents, children, professionals, community leaders and concerned citizens together to share valuable knowledge and information about children's issues across the state and in our Capital City: and, PROCL.AMA TION /- WHEREAS: the purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families and to engoge a long- term process to develop and implement strategies for moving the shared vision forward: and does so by encouraging Children's Week activities to occur locally in all of Florida's Counties to strengthen and enrich our families and our communities: and, WHEREAS: Children's Week has teamed up with the Association of Early Learning Coalitions, the Florida Oepartment of Health's Step Up Floridal program, Prevent Child Abuse Florida's Winds of Change campaign, and dozens of leading statewide non-profit organizations to expand the network of community involvement and advocacy on a wide array of children and family issues at the local level: and, WHEREAS: the Early Learning Coalition of Southwest Florida, is one of 31 Early Learning Coalitions in the State of Florida legislatively mandoted to manage and oversee state and federal - funded early education and care programs in Hendry, Glades, Collier and Lee Counties so that children wiff have the optimal health, education and care they need to promote early learning so that they can be successful in school and in life: and, WHEREAS: Step Up, Floridal is an annual statewide health initiative developed by the Florida Department of Health that promotes the importance of daily physical activity and highlights the variety of physical activity opportunities available for all Florida residents by hosting local events throughout the month of February. Step Up, Floridal activities are coordinated by the local Chronic Disease Health Promotion and Education Coordinators (CDHPE's) in all 67 counties: and, - WHEREAS: in recognition of Child Abuse Prevention Month, Prevent Child Abuse Florida, in partnership with the Ounce of Prevention Fund and the Florida Department of Children and Families, is launching a statewide public awareness and education campaign during April 2007 with the campaign theme, Winds of Change - Turning Choices into Change, and is symbolized by the pinwheel, representing this shift or wind of change: and, WHEREAS: multiple local and statewide non-profit organizations representing many different children's issues are participating in the celebration of Children's Week in each county, providing a holistic approach to the well-being of children, and encompassing all issues which impact Florida's children and families: and, WHEREAS: local Children's Week Celebrations in the Months of February through April in Collier County wif/ include DOCS FOR TOTS: NAPLES CHILDREN'S EDUCATION FOUNDATION WINTER WINE FESTIVAL; EARLY LEARNING PROVIDER CELEBRATIONS and CHILDREN'S HANDPRINT ART COLLECTION events throughout Collier County, in partnership with the Collier County Health Department: Healthy Families Collier County: the Early Learning Coalition of SW Florida; United Way; Child Care of SW Florida: the Naples Children's Education Foundation, the Naples Alliance for Children and all Early L.earning Programs, Children and Famifies in Collier County. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Coffjer County, Florida, that February 2007 through April 2007 be designated as CELEBRATION OF CHILDREN AND FAMILIES MONTHS DONE AND ORDERED THIS 2r" Day of February 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CMAIRMAN ATTEST: .- DWIGHT E. BROC1( CLERK Aqenda Item No. 4B ~February 27, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ilem Number: Ilem Summary: 48 Proclamation designatlng February 2007 through Apnl2007 as Celebration of Children and Families Months. Multiple ioeal and statewide non-profit orgam:atlOns representing many dIfferent cr111drens Issues are participating in the celebration; providing a holistic approach to tne well.bemg of children and encompassing an Issues which Impact Flondas children and families T a be acceoted by Bart)ara A Saunders Executive Director Early Learning Coalition of Southwest Flonda Meellng Dale: 2127/20079:0000 AM Prepa red By Usa Resnick Executive Aide to the BCe Date Board of County Commissioners BCC Office 2115/2007 8:21: 27 AM Approved By Sue Filson Executive Manager to the Bee Date Board of County Commissioners BCC Office 2/15/20078:45 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County M ,mager's Office 2/161200711:28 AM Agenda Item No. 4C February 27, 2007 Page 1 of 2 ".- PROCLAMA TION WHEREAS: the purchasing profession plays a significant role in the efficiency and effectiveness of both government and business; and, WHEREAS: purchasing professionals, through their combined purchasing power, spend billions of dollars every year and have a significant influence upon economic conditions throughout the world; and, WHEREAS: the Collier County Purchasing Department provides value-added services such as; contract negotiation and administration, vendor management, and training; and, WHEREAS: the Collier County Purchasing Department and professional purchasing associations throughout the world, engage in special efforts during the month of March to inform the public about the importance of the role played by the purchasing profession in business, industry, and government; and, WHEREAS: the importance of the purchasing profession in general is recognized, and the Collier County Purchasing Department in particular. _. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that March 2007 be designated as NA TIONAL PURCHASING MONTH DONE AND ORDERED THIS 2rth Day of February 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK .- Agenda Item No. 4C February 27, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Ilem Summary: 4C Proclamation designating March 2007 as National PurchasIng Month to celebrate the Imporlarce of the purchasing profession In general and the Collier County PurchasfIlg Departmenlln partIcular To be accepted by Mr Steve Carnell Purchasing. General Services Director Meeting Date: 2127/20C7 90000 .~M Prepared By Lisa Resnick Executive Aide to the BCe Date Board of County Commissioners BCC Office 2114120079:12:01 AM Approved By Sue Filson Executive Manager to the Bee Date Board of County Commissioners BCC OffIce 2/14/200712:19 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2114120075:51 PM Citizen Life-Saver Award Program for 2-27-2007 Agenda Item No. 5A February 27, 2007 Page 1 of 2 Mr. Mudd reads: 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. However at times, citizens, whose occupations may be far from the medical realm, can make a difference in an emergency, during the first few minutes prior to the arrival of the EMS Department. Today, we would like to honor a group of those citizens. Les Williams reads: Thanks to the continued support of the Board, the public Automatic External Defibrillation (AED) Program, here in Collier County has been a model that other communities have attempted to duplicate. Through this AED Program, thousands of citizens, not in the medical profession, have been trained in CPR and how to operate an AED if an emergency should ever arise. On Tuesday May 2, 2006, at the Golden Gate Fitness Center such an emergency was presented to a group of citizens. A member of the fitness center, while using a treadmill, lost consciousness and went into cardiac arrest. - Employees of the fitness center, Robert DeCamp and Susan Calvani quickly recognized something was wrong, and without hesitation jumped into action. Having recently taken it upon themselves to review the training materials aided in their ability to remain calm and perform the necessary skills. As Susan went to get the AED, Robert was joined by Sherrie Baker, an off duty dental hygienist that was exercising at the center. As a team, these three citizens quickly began CPR, rapidly deployed the public AED, and activated the EMS system. The victim was successfully resuscitated, and is alive today as a direct result of their efforts. Robert, Susan and Sherrie we thank you for your willingness and ability to respond and congratulate you on a job superbly done. Mr. Mudd Continues: Today, with the American Heart Association, during Heart Month, we are proud to present the Collier County Citizen Life-Saver Award. Congratulations. AHA speaks briefly on Heart Month and the importance of Citizen CPR. Parks Department speaks briefly. Ilem Number: Ilem Summary: Meellng Date: Agenda Item No. "A February 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA Thanks to the continued support of the Board the public Automatic External Deflbriliation IAED) pmgram, here In Collier County tias been a model that other communities have attempted to duplicate. Through thiS AED Program. thousands of citizens, not In the medical profession have been trained In CPR and how to ooerate an AED If an emergency should ever ans€!_ On Tuesday May 2, 2006, at the Golden Gate Fitness Center such an emergency arose. A member 01 the fitness center. while using a treadmilL lost conSCiousness and went Into cardiac arrest A group of Citizens responded accordingly and we want to thank them today 2/271200790000 AM Date Approved By Dan E Summers County Manager's Office Bureau of Emergency Services Director Bureau of Emergency Services 2/15/2007 4:05 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2116/20078:59 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 21161200711:15 AM a.l ""0 COf'-'<;j" tn '"'" ..... u:l.S5 (; l-< '" a.l '..... > OJ) Il.i a.l e:: - Q) ~ ...... S ENOl l-< ...... >.. a.l ...... 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Cl.l '0 :.. .... ~ ...... -- ..... .Q ';;j Cl.l ...... ~ Cl.l Cl.l "'0 ...... eo; 0 Cl.l - Cl.l Cl.l ..... e e:: 0... ...... ~ == Cl.l ... eo; - ... :.. Q Cl.l = Q.. Cl.l eo: :.. == Q "" Z ><: ...... Q., eo; :.. Cl.l ~ e 'J1 - Q., loot .... - Q .... Q., Cl.l eo: - ...... tn eo; ...... eo; ...... Z "" ::: "'0 :.. CI'J ::: Cl.l ::: Cl.l :.. ...... ~ S .... .~ Q :.. eo: ::: .... :.. 'i: ...... 'i: ...... Q Q CI'J :.. Q Cl.l = ~ u 0 ~ 0 z 0 < u Agenda Item No. 58 February 27. 2007 Page 2 of 4 cnt'--o::t l[)O_ .00 ON(V) Z~Q) ,.... ~ :=ND) 0'" CD >. ro 0) ->-0.. 0 M:.... .. ,. ... -ro i,? CU::l 0 ~ - '0.... ,.... 110 (3 c..o 0 OJ Q) 0 N O)LL 0 i.. N ~ - <C Z (3 - .... ~ (.) - CJ) (3 '- '.! 0 - - . (3 a. M - ~ - co .... (3 - 0 0 ~ 0- N - CO ..... (3 0 U >- .... ~ ~ - (3 '.! - (3 . M ~ CO - 0 (3 .....0 ~ N ........~ - (3 .... ~ , - (3 '.! - (3 M I ~ t: Il'l - 0 (3 0 0 N N ~ en II") - t: 0 (3 CO >- .... ~ ... a. - >< (3 W '" I I ... - 0 (3 e::: M I I ... '" - CI 0 (3 I " ..,0 N I ON ... :2: >- 0 .... I .... N ... ~ 0 a. ~ 0 N N en C> en - .... 0 en '" to fIJ C> 0 N an 00 0 e::: 0 .,. .,. .... l- N M U .... v v '" U N an en a:i N .,. N .,. .,. .,. en , , g <>> c E a .... .... c E CO 'iji a c - l- N ... a III Z Z lU C .... W ~ ....... '.j:j a - > cr lU Q. u a I- U W U VI ....... ::s '.j:j .... CJ) c:( ~ c ... u u CJI .... lU lU '- 'tJ 'tJ VI C. 0 ..... c c VI c VI a - III III lU a c ... a. ...I ...I Q u M Q. Item Number: Ilem Summary: Meeting Date: Agenda Ilem No. 58 February 27, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 58 Contractor Presentation for South County Regional Water Treatment Piant 12 mgd 2/27/200790000 AM Prepa red By Date Phil E. Gramatges, P.E. Public Utilities Sr. Project Manager Public Utilities Engineering 1/261200710:49:01 AM Date Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering 21712007 5:20 PM Date Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration 2115120079:36 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2115/2007 3:09 PM Date Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget 2115/20073:37 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management 8. Budget 2115120074:41 PM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 2/201200710:14AM ",'-" Agenda Item No. 6A February 27,2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples. Florida 34112 · (239) 774-8383 · Fax (239) 774-4010 January 11, 2007 Mr. Neil Spirtas 222 10th Street West Bradenton, FL 34205-8636 Re: Public Petition Request to Discuss the Purpose of STOP! Red Light Running Coalition and Request Financial Support Dear Mr. Spirtas: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27, 2007 regarding the above referenced subject. .- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Q,eIY' _ /? / ~~ James V. M~ County Manager JVM/jb cc: David Weigel, County Attorney - 61/69/2667 05:14 941-745-1877 MANATEE CHAMBER AgendaFf~ N&I?6A February 27,2007 Page 2 of 3 Reauest to Speak under Public Petition Please print Name: Nell Spirtas and Melissa Wandell Address: 222 10" StrMt West Bradenton, Florida 3 Cf:l.. oS' - V ~ 3(p Phone: 941-74&-4842 Ext. 124 Date of the Board Meeting you wjsh to 8Deak: _Feb. 27. 2007 Please explain In detail the reason YOU are l'8Ouestina to speak (attach eddltlonal OJIge If necessary): Melissa Wandallls Pres. of the ~IOP' Red Light Running (BLR) Coalition of Florida, Inc. and I am an officer wtth the group. The STOPI RLR_Coalltlon .peaks on behalf of an our appn:ndmlltety 200 bu.ln....., unlq of Govemment and business partners in Florida. It Is our understanding the board of county commissioners have .ndo....d our ~u... We want to partner our efforts In T.II.ha.... Our tafk would be .. followsj Review the atatualsucceues to date and the various groups of supportara. explain 1M purpose of the STOPI RLR Coalition, and, Engage the bee In a more active level of participation on this most Important Issue. c:\DocurnenII n SelIII...,....MCC\I.aaII8eIIInga\T.....ry IMlmIlt F1IeI\OI.IC58\PubIIcP.ellIon Request Form.doc El1/El9/2ElB7 El5: 14 941-745-1877 MANATEE a-womER Agenda ~N~a3A February 27,2007 Please e)(plain in detail the action yoU are asking the Comruission to take fattacb Page 3 of 3 additional DaQ8 If neceuarv): STOP! RLR Coalftlon of Florida Is requesting Colfier County Comrnlaalonertl to tlnanetally aupport the Coalition'. etfotta In ..curlng Idvocacy on "Is mattar In Tallah._. To date n have raised $13,000.00, currwntly _ need to raise. a minlmun another $7000.00 for this yea"s ~""'n. Our specific ,.queat Is for $6,000.00 C:\bcxunenta .. SdIngI\NII.MCC\l...ooII Sellinp\T..-npcnry InI8mel FIea\Ol...lCSlN2ub11c Petition Request FoIm.doc Agenda Item No. 68 February 27,2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Horida 34112 · (239) 774-8383 · Fax (239) 774-4010 February 14, 2007 Mr. Richard Greco 771 23rd Street NW Naples, FL 34120 Re: Public Petition Request to Discuss the Vanderbilt Beach Road Extension Dear Mr. Greco: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27, 2007 regarding the above referenced subject. .".-- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Tumer Building (Building ~F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ~ James v. 'MUd~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Norman Feder, Transportation Services Administrator ,_. Agenda Item N:g~gS 1 of 26 February 27,2007 CD Page 2 of 3 odinejudi From: mUdd.J Sent: Tuesday, February 13, 2007 1 :05 PM To: bodinejudi Subject: FW: Petition to appear before County Commission on February 27.2007 Judi, FY A. Another From: RICHARD GRECO [mailto:rpgreco1@yahoo.com] Sent: Tuesday, February 13, 2007 12:25 PM To: mudd-i SUbject: Petition to appear before County Commission on February 27,2007 REQUEST TO SPEAK UNDER PUBLIC PETmON NAME: RICHARD P. GRECO ADDRESS: 771 23RD SlREETNORTHWEST, NAPLES FLORIDA 34120 And 404 NORTH ADAMS SlREET, QUINCY, FLORIDA 32351 PHONE: (850) 627-3498 (850) 766-4122 OA TE OF BOARD MEETING YOU WISH TO SPEAK: FEBRUARY 27, 2007 PLEASE EXPLAIN IN DETAIL THE REASONS YOU WISH TO SPEAK My home is one of the nineteen which the County is taking in order to build the Vanderbilt Beach extension. After numerous discussions with members of the County staff, including Kevin Hendricks, I was led to believe that all nineteen homes would be purchased by the end of the summer, 2006. My wife was scheduled for bone marrow transplant in December of 2006 which would require six months of critical bedridden convalescence. Therefore, we decided to move to a new home in October rather than risk a forced move during her convalescent period. Subsequent to this, county staffhas changed their timetable for this project and now they are in no particular hurry to move the project forward. Consequently, they have not been negotiating in good faith as elapsing time is most defmitely not an issue to them, but it most certainly is to me and my wife. Staff has adopted a "take it or leave it" position, refusing any negotiation. We find ourselves forced to carry a substantial bridge loan as well as the burden of two homes unless we accept the bid the staffhas offered for the purchase of our house. We have been residents of Collier County for twenty years, living on our 6.3 acre, canal front, horse farm for 15 of those years. We planned to live there for the rest of our lives until the road, extension upset our life plan. Now the county has effectively chased us out and smugly offers a low ball bid for our property, knowing that time works against us. At the direction of your staff, we obtained an appraisal. We chose one of Florida's foremost eminent domain real estate appraisers, Calhoun, Collister and Parham, Inc. This appraisal was submitted to staffin September, 2006. This prompted staff to obtain a second appraisal, conducted October 4th by Integra Realty Resources of Naples, an appraiser whose experience is limited to mortgage lending issues. The county's bank appraiser valued the property 30% lower than Calhoun, Collister and Parham Inc. Rather than request a third appraisal, as is the procedure in Eminent Domain acquisitions, or have the two appraisers meet to explain or modify their positions Kevin Hendricks of your staff decided to inspect the property and comparables himself. Based on his personal inspections, he declared his own appraisal accurate and mine overvalued, dismissing it out of hand. He did this in December, 2006 . In January, 2007, after writing a letter to Commissioner Coletta expressing my concerns and frustrations, Mr. Hendricks made a formal "take it or leave it offer" of only 2.6% over his appraisal but acknowledging Save our Homes by offering a small fraction of its real impact to us. Since Mr. Hendricks refused to negotiate at any meaningful level I asked that the matter be brought to Arbitration. After waiting a full week for a response and not receiving one, I personally called Mr. Hendricks and he made it perfectly clear to me that Staff was not willing to go to arbitration. In essence, Mr. Hendricks pretty much said, take my offer or get to the back of the line. It has been nearly a year since the Commissioners voted to acquire properties for this project. There is still no end in sight for me I pay taxes and insurances on two houses now and I fwd myself with a large monthly interest payment on a bridge loan. Staffhas not been negotiating in 'd faith, nor do I believe they are adhering to the statements made by staffprior to the commissioners vote nor the spirit of the Commissions ction set forth at the April 17, 2006 Commissioners meeting. We wish to stand in front of the Commissioners and make them aware of how their staff is treating us, two long term citizens of Collier County who have been told that they must make the huge sacrifice of giving up their home for the sake of the community. Two citizens who are trying 2/13/2007 Pa1?:e 2 of2 Aqenda Item t\lO. 'tH:l -February 27. 2007 Page 3 of 3 their best to abide by the Commissioners decisions despite the severe hardship this has placed on them. PLEASE EXPLAIN IN DETAIL THE ACTION YOU ARE ASKING THE COMMISSION TO TAKE We would like the Commissioners to request its staff to IMMED IA TEL Y have this matter put in front of a disinterested arbitrator to address the following issues: 1) Mediate the different values for our home based on the two formal appraisals performed on the property. 2) Examine our personal history and determine fair compensation for Save Our Homes cap. 3) Place a fair value to the overall cost of moving and the interim expenses incurred due to the staff's lack of timely response. Richard P. Greco February 13, 2007 Never miss an email again! Yahoo! Toolbar alerts you the instant new Mail arrives. Check it out. 2/13/2007 (!) Agenda Item No. 6C February 27,2007 Page 1 of 4 ~( ~~~e~t tQ S.pe@k un4t'r ,public PetItioQ Please print 2}J~7 Name:f) I L j 1"- ol>fR-to €qrJ_ Address: n L q:$ 0 I J.lIJt/? ,'s€. 11,/< €S B1V'b. IJpf. J (7 I S"vi/f(ISE, (4.. 3332.2 Phone: qJ'"Y-7~'7~/ll'- ~tJ.(.. ~292...q'1tf' Date of the So.ani M~iOg 'tC)U with tQ s~a~: Fee ~ ? r ~ () (/7 Plepe exQlain in ~talL th, (!SlPn yOU sf'\' reQu~tln9 19 ~@k C@ttach jldqitiQnal Q8Qe ifnece~rYt~: '"THe SUAt'b ear/wi ~hln1 i.r..riOtVE'Itr , A7rP,~;J -,p4)V ..D-,(,.~ -:r iV/L:A "7JI#" IA(lY.( ~puf A<: .I;,.iL V{~ ~A/t!, R..~wbr ~"A't ~~~~:tt;;~~Zg~;i,;r=~~ tSrU/r.,f,.,.~ 4' Plea~ explain in c;Ietail th~ agio" YOU -Ire J:lskinc~ thO Comrni,~ioo tQ tal:se ($tlich @ddltional oage If n~,rvJ: k I1J!fJ!1~/1 ~ ALL (J~ '1~'" A~ 4t. 7Jl~ ~1/7J;J4pj "':Mp:f.:t ., '" ~), ~b/(.ir ~ ~'Q~ 1(1" I!~.r~ ~ /i,;,."'iJ IJ J;.i (/:Ai.~ , ----- . .~ /, / ~ t!JtJt. ZtI ~,A .1/J,,/ ~~ W€ 4'.t! ~"'~~ wi dtfft!:) AI./. L..v:Q -r1I -n.I/y r/.H~"~ Ill/. Ar~ ~/7;( ~U4Z.r #1'It' . ~ ( lJ~j~~ . ~/rLf '~ ", ~(p 4lLl('/.L .!T;P'cc -:r 4'11 .4#/~" 7'1€A1F.\ lid ~ 1'1 ~) t. ~tI.If.I. 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LY.d'~-I3"l ~UL ~ .."--..------...-.- .- I - -=1 ~ -- '--. -- Agenda Item No. 6C February 27, 2007 Page 4 of 4 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Horida 34112 · (239) 774-8383 · Fax (239) 774-4010 February 14. 2007 Mr, Roberto Leon 9301 Sunrise Lakes Boulevard, apt. 101 Sunrise, FL 33322 Re: Public Petition Request to Discuss Property at 1071 16th Street N.E. and the Vanderbilt Beach Road Extension Dear Mr, Leon: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27. 2007 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office, JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Norman Feder, Transportation Services Administrator ,,'~_.~ Agenda Item No. 60 February 27, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tarniami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010 February 14, 2007 Mr. Greg Bello P.O. Box 753 Goodland, FL 34140 Re: Public Petition Request to Discuss the Goodland Zoning Overlay Dear Mr. Bello: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27, 2007 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore. your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator " <"--'" . bodinejudi Agenda Item No. 60 February 27, 2007 Page 2 of 2 From: Sent: To: Subject: muddj Tuesday, February 13,200712:41 PM bodinejudi FW: Goodland Zoning Overlay, Goodland Advisory Panel, Development Standard for Zoning in Process Judi, FYA. Thanks, Jim -----Original Message---- From: bellonaples@comcast.net[mallto:bellonaples@comcast.net} Sent: Tuesday, February 13,200711:58 AM To: mudd.J Subject: Good/and Zoning Overlay, Goodland Advisory Panel, Development Standard for Zoning in Process GOODLAND ZONING OVERLA Y COMMITTEE February 13, 2007 Mr. Jim Mudd County Manager 3301 E, Tamiami Trail Naples Fl. 34112 Subj: Good/and Zoning Overlay, Goodland Advisory Panel, Development Standard for Zoning in Process Dear Mr. Mudd: Please consider this letter a petition to be on the BeC agenda for Tuesday, February 27, 2007 to discuss the Good/and Zoning Overlay. The Good/and Zoning Overlay Committee was formed Monday, February 5, 2007 and is holding public meetings at the Good/and Community Center for public Input regarding amendments to the GZO. The committee wishes to present Input to the BCe on February 17, 2007. We look forward to your confirmation of being placed on the agenda, A/so at this time we ask that we be given a time certain of 11 :00 on the agenda. Best regards, Greg Be/lo Good/and Zoning Overlay Committee Representative P,O. Box 753 Good/and, FI34140 239.595.2719 cc: Emilee Lake GZO Committee Chair 1 Agenda Item No. 6E February 27,2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010 February 14, 2007 Ms. Mona Casey 513 Leawood Circle Naples, FL 34104 Re: Public Petition Request to Discuss a Safety Refrigerant Locking Cap Ordinance Dear Ms. Casey: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27, 2007 regarding the above referenced subject. ,- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting, However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, r::?:..ft~~ County Manager JVM/jb cc: David Weigel, County Attorney - Agenda Item No. 6E February 27, 2007 Page 2 of 2 Reauest to 8Deak under Public Petition Name: Mona Casey Address: 513 Leawood Circle Naples, FL 34104 Phone: 254-247-2894,239-435-7002 Please explain In detail the reason you are requesting to speak (attach additional page if necessary): I would like to petition Collier County to enact a safety 'Refrigerant Locking Cap' ordinance. The lethal chemical Freon is easily accessible and legal. As a result, "huffing", which refers to the inhalation of Freon and other dangerous chemicals has been on the rise over the past few years not only among pre-teens and teenagers but among adults as well. Freon is highly addictive and is considered a gateway drug because users often progress from inhalants to illegal drug and alcohol abuse. statistics · The National Institute on Drug Abuse reports that one in five American teens have used Inhalants to get high. · According to Stephen J. Pasireb, President and CEO of The Partnership for Drug-Free America, 22% of 6th and 8th graders admitted abusing inhalants and only 3% of parents think their child has ever abused inhalants. · An analysis of 144 Texas death certificates by the Texas Commission on Alcohol and Drug Abuse involving misuse of inhalants found that the most frequently mentioned inhalant (35%) was Freon (51 deaths). Of the Freon deaths, 42 percent were students or youth with a mean age of 16.4 years. · Suffocation, inhaling fluid or vomit into the lungs, and accidents each cause about 15% of deaths linked to inhalant abuse. · National Institute on Drug Abuse's 'Monitoring the Future' study reveals that inhalant abuse among 8th graders is up 7.7% since 2002. · 55% of deaths linked to inhalant abuse are caused by "Sudden Sniffing Death Syndrome." SSDS can occur on the first use or any use. The Inhalant causes the heart to beat rapidly and erratically, resulting in cardiac arrest. · 22% of inhalant abusers who died of SSDS had no history of previous inhalant abuse. In other words, they were first-time users. Please explain In detail the action you are seeking the Commission to take (attach additional page if necessary): Please protect our citizens from the dangers of Freon, by enacting the following safety ordinances: · Require that all new installations of HVAC and AlC units be outfitted with a locking cap. · Require existing HVAC and AlC units be retrofitted within five years. · Require vendors (retail and commercial) to keep all Freon products behind the counter and sold only to licensed individuals. Agenda Item No. SA February 27,2007 Page 1 of 141 EXECUTIVE SUMMARY PUDZ-A-2006-AR-9403 Toll Brothers, Inc., represented by Walter Fluegel, AICP, of Heidt & Associates and Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting a pun to RPUD rezone. The approved zoning classification is currently Recreational Theme Park known as King Richards. The proposed use of the property is multi-family residential (133 multi-family units) to be known as the Princess Park Residential Planned Unit Development (RPUD). The subject property consists of 11.3::1:: acres and is located on Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: The petitioner is requesting a PUD to RPUD rezone from the Princess Park Planned Unit Development (PUD) to the Princess Park Residential Planned Unit Development (RPUD), to allow redevelopment of the site from a recreational theme park to a residential development with 133 multi-family units. CONSIDERA TIONS: The currently approved Princess Park PUD (Ord. 84-34) was approved on April 24, 1984 allowing a recreational theme park. Due to changing market conditions, the property owner proposes to develop a Residential Planned Unit Development (RPUD) to allow a residential project comprised of 133 multi-family and/or townhome dwelling units. The project site is located at 6780 Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. FISCAL IMPACT: The PUD amendment, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (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. - Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, states impact fees shall be imposed for replacement of an PUDZ-A-2006-AR-9403 Princess Park RPUD Page 1 of 8 Bee Hearing 2/27/2007 Agenda Item No, SA February 27, 2007 Page 2 of 141 existing use providing that such replacement results in an intensification of the use or a change to a higher impact fee land use category. Chapter 74 also states that impact fees shall run with the land. The impact fees for the project will therefore be assessed by calculating the impact fees at current rates for the new use and deducting the impact fees at current rates for the lawfully existing use. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze thit'petition. GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed-Use District (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. The property is also located within the Traffic Congestion Area as identified on the FLUM. The Density Rating System provides for an eligible density of 4 dwelling units per acre (DUI A) throughout the Urban Mixed-Use District (except for the Urban Residential Fringe capped at 1.5 DU/A); the subject site is eligible for a base density of 4 DUIA. However, because the site is within the Traffic Congestion Area it is subject to a one (]) DUI A reduction. Additionally, the petition is eligible for the Conversion of Commercial Zoning density bonus which reads as follows: "if the project includes conversion of commercial zoning that is not consistent with any Subdistrict allowing commercial uses, a bonus of up to 16 dwelling units may be added for every one (1) acre of commercial zoning which is converted." As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range from 0-16 DUI A may be found consistent with the FLUE. Because the site is presently considered to have a commercial PUD zoning designation, it has no assigned density or entitled density; the current commercial PUD district allows for an amusement park. Based on the above analysis, the proposed PUD to PUD rezone amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. ",..-.. Conversion of Commercial Zoning: When the GMP was adopted in 1989, it contained two provisions to remove strip and isolated commercial zoning: I) the zoning re-evaluation program, a regulatory program whereby the County could downzone properties; and, 2) the Conversion of Commercial Zoning density bonus in the Density Rating System, an incentive for a property owner to initiate his/her own rezone from commercial to residential zoning. At the same time, the GMP guided new commercial (and high density residential) development to locations deemed more suitable and able to handle such development, by establishing the Mixed Use PUDZ-A-2006-AR-9403 Princess Park RPUD Page 2 of 8 Bee Hearing 2/27/2007 Agenda Item No, SA February 27,2007 Page3of141 Activity Centers. Through the zoning re-evaluation program, approximately 215 acres 0 f commercial zoned land was downzoned. Transportation Element: Staff has reviewed the project with respect to Policies 5.1 and 5.2 of the GMP's Transportation Element and finds the project to be consistent. AFFORDABLE HOUSING IMPACT: During the Collier County Planning Commission meeting the developer agreed to donate one thousand dollars per residential dwelling unit to be accredited to a linkage fee if and when the County adopts such an ordinance. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staffs recommendations and safeguards were addressed within the RPUD Document and for this reason, the rezone is consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not hear this petition because the site is already developed and is considered to be previously disturbed land and for this reason, a waiver of the EIS requirement was granted. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed the Princess Park RPUD rezone at the January 18, 2007 meeting. The CCPC voted 5 to 4 to forward this petition to the BCC with a recommendation of approval subject to the following stipulations. 1. The maximum building height shall not to exceed fifty-seven feet (57'). 2. The developer has agreed to contribute one thousand dollars per residential dwelling unit to the Affordable Housing Trust Fund at the time of approval of the first development order. In the event the County adopts a linkage fee, this financial commitment will be applied to that linkage fee. 3. All trees planted within the landscape buffer shall be a minimum of sixteen feet (16') in height at the time of planting. 4. Revise Section 2.3 Development Standards of the RPUD to combine ancillary structures with the accessory structures. 5. The applicant shall remove the request for Deviation 2. This deviation seeks relief from Code of Laws & Ordinances ~22-1]2 which requires for excavated areas a maximum four to one slope from existing grade to a breakpoint at least 10 feet below the control elevation, to allow that slopes shall be no steeper than three to one. ,- During the CCPC meeting four of the board members were concerned that the request to convert the current PUD commercial zoning to a Residential PUD at the density requested was inappropriate. One commissioner voted against the rezoning since the subject site is located PUDZ-A-2006-AR-9403 Princess Park RPUD Page 3 of8 Bee Hearing 2/27/2007 Agenda Item No, 8A February 27, 2007 Page 4 of 141 within a traffic congestion area. The other three board members voted against the request because they felt this site did not qualify for the Conversion of Commercial Zoning under the Density Rating System of the GMP. This property was zoned to the Princess Park PUD in 1984. Subsequently, during the zoning reevaluation of the Future Land Use Element in 1989, the County vested this area as a commercial property outside of an activity center and therefore consistent by policy. When the GMP was adopted in 1989, it contained a provision to remove strip and isolated commercial zoning by the Conversion of Commercial Zoning in the Density Rating System. This provision was adopted as an incentive for a property owner to initiate his/her own rezone from commercial to residential zoning. Therefore, staff found no merit in the dissenting recommendation ofthe CCPC board members. ZONING STAFF ANALYSIS: Staff from the Department of Zoning and Land Development Review has 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. Staffs considerations are based upon the listed criteria in Chapter] 0.03.05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. . The proposed change has been deemed consistent with the applicable elements of the GMP goals, objectives, and policies and the Future Land Use Map. Pro: The Comprehensive Planning Department has indicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). Con: None. Findings: The proposed change is consistent with the designated Urban Mixed-Use, Urban Residential Subdistrict on the FLUE. In addition, the proposed density does not exceed the maximum allowed by the Density Rating System; therefore, the project is consistent with the GMP. . The proposed land uses are compatible with the existing land use pattern. Pro: The surrounding development is comprised of mixed residential which includes multi-family and townhomes mixed with office land uses along Airport-Pulling Road. The project as proposed is consistent with the existing residential land use patterns as explained in the staff report. Con: None. Findings: The decrease of density of residential units is deemed acceptable for this site because the amendment complies with the GMP and LDC requirements. ..,,-~ . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak PUDZ-A-2006-AR-9403 Princess Park RPUD Page 4of8 Bee Hearing 2/27/2007 Agenda Item No. SA February 27,2007 Page 5 of 141 volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 of the Traffic Element of the GMP. Pro: The proposed project will generate approximately 76 weekday PM peak hour trips. The existing amusement park trip generation during the weekday PM peak hour is 45 trips. The existing amusement park generates significantly higher trips than the proposed use on a weekend basis. During weekends, the daily trips for the amusement park would be about 2,036 and the proposed project would generate 909 trips, which would be approximately 1,]27 fewer trips. Con: None. Findings: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition. The proposed project represents less than one 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. . The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. Pro: This petition has been reviewed by all required County staff and they have determined that no Level of Service (LOS) standards will be adversely affected. Con: None. Findin~s: The timing or sequence of the development for the proposed RPUD in light of concurrency requirements automatically triggers review by County staff to assure the project will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. LEGAL CONSIDER.\. TIONS: This is a site-specific rezone from the Princess Park Planned Unit Development Zoning District to the Princess Park Residential Planned Unit Development District. Site-Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant for the rezone to prove that the proposed rezone is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. PUDZ-A-2006-AR-9403 Princess Park RPUD Page 5 of8 Bee Hearing 2/27/2007 Agenda Item No, SA February 27,2007 Page6of141 1. Consider: 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. Is there an 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 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 oj this type shall be made only after consultation 'with the county attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: 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. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern ? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ,- PUDZ-A-2006-AR-9403 Princess Park RPUD Page 6 of 8 Bee Hearing 2/27/2007 Agenda Item No. 8A February 27, 2007 Page 7 of 141 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? ] 8. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used m accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already pernlitting such use. 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed PUD rezone 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 [Code ch.l06, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? .....- PUDZ-A-2006-AR-9403 Princess Park RPUD Page 7 of 8 Bee Hearing 2/27/2007 Agenda Item No, SA February 27, 2007 Page S of 141 The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials related to these criteria. The project is a conversion of a commercial PUD zoning district to a residential PUD zoning district and as such is entitled to bonus density of up to 16 dwelling units per acre pursuant to Paragraph 1 of the Density Rating System of the Future Land Use Element of the Growth Management Plan. The applicant is requesting a density of 11.7 dwelling units per acre. Density is not an entitlement. As such it is up to the BCC to determine an appropriate number of dwelling units per acre based upon the applicable criteria set forth above. (MMSS) RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ-A- 2006-AR-9403 Princess Park Residential Planned Unit Development (RPUD) subject to the stipulations of staff and the Collier County Planning Commission, which have been incorporated into the RPUD document attached to the ordinance of adoption. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review ,- PUDZ-A-2006-AR-9403 Princess Park RPUD Page 8 of8 Bee Hearing 2/27/2007 Item Number: Item Summary: Meeting Date: Agenda Item No. SA February 27, 2007 Page9of141 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This Item requires that all participants be sworn In and ex pane disclosure be Drovided by Commission members PUDZ-AH2006-AR-9403 Toll 8rothers, ine representea by Walter FluegeL .AICP, of Heldt & Associates and Richard Yavanovich. of Goodlette, Coieman & Johnson, P.A, ~equestlng a PUO to RPUD rezone. The approved zoning classification IS currently Recreational Theme Park known as King Richards The proposed use of the property IS multi-family residential (133 multi-family units) to be known as ttle Pnncess Park Residential Planned Unit Development (RPUD). The subject property, consists of 11.3 acres and IS located on Alrport~Pulilng Road North, in Section 1. Township 49 South Range 25 East, Collier County. Florida 2/27/2007900.00 AM Pnncipal Planner Date Prepa red By Melissa Zone Community Development & Environmental Services Zonmg & Land Development Review 21141200711 :11 :12 AM Date Approved By Marjorie M. Student-Stirling Assistant County Attorney 2114120071 :12 PM Approved By County Attorney County Attorney Office Susan Murray, AICP Community Development & Envtronmental Services Zoning & Land Development Director Date Zoning & Land Development Review 2/14/20074:11 PM Norm E. Feder, AtCP Date Approved By Transportation Services Transportation Division Administrator Transportation Services Admin, 2/16120071 :32 PM Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 2116/20075:00 PM Date Approved By Donald L. Scott Transportation Services Transportation Planning Director Transportation Planning 2120/20071 :47 PM Date Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review 2120/2007 1 :48 PM Approved By Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Admtnstrator Date Community Development & Environmental Services Admin. 2120/2007 3:04 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 2120/20074:32 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2120/20078:04 PM Agenda Item No, SA February 27, 2007 Page 10 of 141 Co~r County -- ...~ ~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 18,2006 SUBJECT: PETITION PUDZ-A-2006-AR-9403, PRINCESS PARK RPUD OWNER: Bic's Investment Corporation 6780 Airport-Pulling Road North Naples, FL 34109 CONTRACT TO PURCHASE: Toll Brothers, Inc. 28341 South Tamiami Trail, Suite 4 Bonita Springs, FL 34134 AGENTS: Walter Fluegel, AICP Heidt & Associates, Inc. 3800 Colonial Boulevard Fort Myers, FL 339]2 Richard Y ovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REOUESTED ACTION: The petitioner is requesting a PUD to RPUD rezone from Princess Park Planned Unit Development (PUD) also known as the King Richard Recreational Theme Park to be known as Princess Park Residential Planned Unit Development (RPUD). GEOGRAPHIC LOCATION: The project site is located at 6780Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. (See attached location map on the following page) To be switched out for Location Map PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 1 of8 PURPOSEIDESCRIPTION OF PROJECT: PUDZ-2006-AR-9403 Princess Park RPUD Agenda Item No, SA February 27,2007 Page 11 of 141 January 18,2006 eepe Hearing Page 2 of8 Agenda Item No, 8A February 27,2007 The proposed project consists of ] 1.3 acres of land to be developed as a Residential Pl~1 trfiJit141 Development (RPUD). The proposed redevelopment is for a residential neighborhood of 133 multi- family and/or Town-home dwelling units. SURROUNDING LAND USE AND ZONING: Subject Parcel: King Richards Recreational Theme Park, zoned Princess Park Planned Unit Development (PUD) Surrounding: North: Lone Oak, zoned PUD (Ord 86-11); and Longview Center, zoned PUD (Ord 03-41) Willow Park, zoned PUD (Ord 98-51) Lone Oak, zoned PUD (Ord 89-30) Bear Creek, zoned PUD (Ord 92-20) South: East: West: RSF- " ,9J GROWTH MANAGEMENT PLAN CONSISTENCY: PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 3 of8 Agenda Item No, SA February 27, 2007 The subject property is designated Urban - Mixed Use District (Urban Residential Subdist~t1~dril tMe141 Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The property is also within the Traffic Congestion Area, part of the Density Rating System, by virtue of its sole access being to a road that forms the Traffic Congestion boundary. The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. The Density Rating System provides for an eligible density of 4 dwelling units per acre (DU/A) throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 DU/A); the subject site is eligible for a base density of 4 DUIA. However, the site is within the Traffic Congestion Area so is subject to one (1) DUIA reduction. Although, the petition is eligible for the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning that is not consistent with any Subdistrict allowing commercial uses, a bonus of up to 16 dwelling units may be added for every one (1) acre of commercial zoning which is converted". As with all residential rezones, density afforded by the Density Rating System is the density that a given project is eligible for - it is not an entitlement; for the subject petition, the density range from 0-16 DUIA may be found consistent with the FLUE. As the site is presently zoned commercial Planned Unit Development, it has no assigned density or entitled density: the current commercial PUD district allows for an amusement park consisting of uses such as; mini-golf, bumper boats facility, go cart facility, game room, batting cages, and various other similar uses, but does not allow residential uses (dwelling units). Analysis of Residential Density Base Density Commercial Conversion Traffic Congestion Area Reduction Total Eligible Density Density Cap 4 DUIA 16 DUIA (Maximum) -1 DUIA 19 DUIA 16 DUIA x 11.34 acres = 181 DUs Requested Project Density: 11.7 DUIA x 11.34 acres = 132.67 DUs (or 133 DUs) Background! Additional Information · Conversion of Commercial Zoning When the GMP was adopted in 1989, it contained two provisions to remove strip and isolated commercial zoning: 1) the zoning re-evaluation program, a regulatory program whereby the County could downzone properties; and, 2) the Conversion of Commercial Zoning density bonus in the Density Rating System, an incentive for a property owner to initiate his/her own rezone from commercial to residential zoning. At the same time, the GMP guided new commercial (and high density residential) development to locations deemed more suitable and able to handle such development, by establishing the Mixed Use Activity Centers. Through the zoning re-evaluation program, approximately 215 acres of commercial zoned land was down-zoned. Since 1989, the Conversion of Commercial Zoning density bonus has rarely been used. One such conversion rezone was for a 2.93-acre parcel located on the south side of Bonita Beach Road, adjacent to the west of Little Hickory Bay PUD; it was rezoned in 1995 (petition R-95-8, Ord. No. 95-75) from C-3 to RMF-16, and is now developed. Another such conversion was for a +1O.45-acre parcel located on Vanderbilt Drive, west of the Vanderbilt DrivefWiggins Pass Road intersection, PUDZ-2006-AR-9403 Princess Park RPUD January 18,2006 CCPC Hearing Page 4 of8 Agenda Item No, SA February 27, 2007 north of the County owned Cocohatchee River Park; it was rezoned in 2005 (petition PUD~~$-9M,141 Ord. No. 05-15) from C-4 to RPUD at 9.48 DU/A. Both projects at the time ofrezoning were, and are still, located in the coastal high hazard area; the subject site is not. Also, the Evaluation and Appraisal Report (EAR) based, GMP amendments that were transmitted on May 16, 2006, include deletion of the Traffic Congestion Area. However, BCC adoption hearings are scheduled for January 2007; if approved as transmitted, these amendments likely would not become effective until April 2007 at the earliest. CONCLUSION: Based on the above analysis, the proposed PUD to PUD rezone amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Staff has reviewed the project (Princess Park PUDZ-A) with respect to policies 5.1, and 5.2 of the GMP's Transportation Element, and find the project to be consistent. This project produces 31 PM peak North-bound trips. Daily and Weekend use reflects a reduction in trips. There are ] 4 net new PM peak direction trips. This number is less than one percent (1 %) of the adopted Level of Service (L.O.S.) on Airport-Pulling Road. The remaining capacity on this segment of Airport-Pulling Road is approximately 1,350 trips. ANALYSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based. The criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. 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 as Exhibit "A" and Exhibit "B". Environmental Analvsis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staffs recommendations and safeguards were addressed within the RPUD Document and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisory Commission (EAC): The EAC did not hear this petition seeing as the site was previously disturbed land and for this reason a waiver of the EIS requirement was granted. Utility Analvsis: The Utilities Department staff has reviewed and approved the petition. The RPUD Document requires the Developer to meet all applicable County Ordinances in effect at the time construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the LDC. Zoning and Land Development Review Analvsis: With respect to the matter of compatibility with adjacent properties, the surrounding neighborhood has an array of zoning classification; some of the parcels are zoned residential PUD's, Commercial (C-4 and C-5) as well as Industrial. The residential PUD's are mostly developed with single-family and multi-family homes. PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 5 of 8 Agenda Item No. SA February 27, 2007 The parcel to the north and east is Lone Oak PUD (Ord 86-11, 87-76 & 89-30) which tt>>@Ws~141 multi-family residential units at a gross density of 6.46 units per acre as well as approximately two (2) acres of commercial; also to the north is Longview Center PUD (Ord. 03-41) which is a mixed- use PUD that permits a gross density of 15 residential dwelling units per acre and 143,500 of retail and commercial square feet. The parcel to the south is Willow Park PUD (98-51) and allows 57,002 of commercial square feet. Immediately west of the proposed project is Airport-Pulling Road and adjacent to the Right-of-Way is Bear Creek PUD (Ord 92-20) which has a permitted 120 multi-family units at a gross density of 14 per acre. The Zoning and Land Development Review analysis applies specifically for current and future land use planning and refers to the relationship of the PUD to the surrounding properties. The PUD provides for a maximum of 133 multi-family dwelling units which results in a gross density of 11.7 dwelling units per acre, less than the maximum of 15 dwelling units per acre designated by the Density Rating System of the Commercial Conversion provision that is established by the Growth Management Plan (GMP). Based on staff's review of the proposed project and the adjacent existing and anticipated land uses, Princess Park RPUD is compatible to the surrounding property as well as consistent with the GMP and LDC. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant, Rich Y ovanovich and team members from Height & Associates held the required NIM on May 23,2006 at 5:00 P.M. at the Italian-American Club in Naples. Approximately fifty people attended, including the applicant's team and county staff. Of those who spoke, the majority of comments and concerns related to the new development's building(s) height, which was stated to be four (4) storiesl fifty-seven feet. Mr. Yovanovich stated that the applicant is committed to much more landscaping than is required by county code; and the required planting of 12 feet high trees will be "at least 16 feet" and "you're not going to see our development from your property". In further discussion of property buffers, a wall and or landscaped wall was discussed. Mr. Y ovanovich stated that Toll Brothers is not going to build a masonry wall around the property perimeter. We'll improve fencing and landscaping from what is currently there and his client has not made a decision yet whether it's going to be walled or fenced. When asked unit size and price points of the proposed project, consultants answered, "1,400-1,700 square feet, market entry level rate of mid to high $400,000; no affordable housing; sales will dictate development; most likely will not have a (sales) lottery". Other concerns voiced by neighboring property owners included traffic impacts to Walden Oaks and Carlisle and storm water run-off. Near the end of the meeting, some neighbors commented approval for the rezone and new development. Mr. Y ovanovich encouraged property owners to attend the public hearings to let their commissioners know their feelings. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDZ-A-2006-AR-9403 Princess Park RPUD. LIST OF STAFF REPORT EXHIBITS: PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 eepe Hearing Page 6 of8 Agenda Item No. 8A February 27, 2007 Page 16 of 141 Exhibit "A" - Rezone Findings Exhibit "B" - PUD Findings PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 7 of8 Agenda Item No, SA February 27, 2007 Page 17 of 141 REVIEWED BY: ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE Tentatively scheduled for the February 27, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARKP. STRAIN, CHAIRMAN PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 8 of8 REZONE FINDINGS PETITION PUDZ-A-2006-AR-9403 Princess Park RPUD Agenda Item No, SA February 27, 2007 Page 1S of 141 Chapter 1O.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 indicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). Con: None Findings: The proposed change is consistent with the designated Urban-Mixed Use, Urban Residential Subdistrict on the FLUE. Inn addition, the proposed density does not exceed the maximum allowed by the Density Rating System; therefore, the project is consistent with the GMP. 2. The existing land use pattern; Pro: The existing pattern of development is mixed residential which includes multi- family and town-homes. The project is consistent with the existing residential land use patterns as explained in the staff report. Con: The area is primarily commercial; however, the Future Land Use is designated Mixed-Use and should not be detrimental to the adjacent or nearby properties. Findings: The decrease of density of residential units is deemed acceptable for this site because the amendment complies with the GMP and LDC requirements. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: An isolated district from the neighborhood is determined by topography and inadequate public facilities. Since the proposed PUD to RPUD rezone is consistent with the GMP with regards to adequate public facilities the change will not create an isolated district. Con: None Findings: The proposed PUD to RPUD rezone will not result in an isolated district since the proposed residential uses and density complies with the FLUE. There are several other PUD developments in the area with similar land uses and development standards. Therefore, the rezone request will not create an isolated district to the adjacent districts. PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT "A" Page 1 of5 Agenda Item No, 8A February 27,2007 4. Whether existing district boundaries are illogically drawn in relation t<f'i!iisfflt~f 141 conditions on the property proposed for change. Pro: The boundaries are logically drawn and provide a smooth transition from the lower density developments to the commercial developments along Airport-Pulling Road. Con: None Findings: The district boundaries are logically drawn and follow the existing property boundaries. Therefore, the project is compatible with existing conditions as well they are consistent with the Urban Residential Subdistrict, as identified on the Future Land Use Map of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because the density band allows for higher density and more units in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Con: The proposed PUD to RPUD rezone amendment is not obligatory at this location. Findings: The proposed PUD to RPUD rezone amendment is appropriate based on the existing conditions of the property and because it adhere to the FLUE. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed dwelling unit types are similar to the currently approved PUD residential developments in the area. Also, the County's land use policy as reflected by the FLUE supports an action to convert Commercial property to residential within the area. Con: The project proposes a density that is four (4) to five (5) additional dwelling units more per acre than the currently approved projects in the area. Findings: The development will not adversely affect the living conditions in the neighborhood because the recommended development standards and other conditions for approval have been designed to ensure the least amount of adverse impact on the 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 site generated trips will not lower the Level of Service (LOS) below the adopted LOS standard for Airport-Pulling Road. Therefore, the project is consistent with policy 5.1 and 5.2 of the GMP. PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT "A" Page 2 of 5 Agenda Item No. SA February 27,2007 Con: Since the site is eligible for sixteen (] 6) dwelling units per acre bas&l3~2fu~f 141 Conversion of Commercial Zoning density bonus, although it will only utilize eleven (11.7) dwelling units per acre. As a result, there will be more site generated trips than similar developments outside the density band. Findings: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition based upon the project will not lower the LOS below the adopted LOS for the area. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the proposed water management and drainage is designed to prevent drainage problems on site and is compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: Every project approved in Collier County involving the utilization of land is scrutinized and required to mitigate all sub-surface drainage generated by development activities as a condition of approval. The drainage plan has been approved for all existing land uses and future development will be reviewed at the time of the first development order. This ensures that the drainage meets County standards. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed development requires the site to conform to the development standards which are based on the LDC. These standards provide for open space, corridor management, and building height restrictions, etc. to protect the adjacent areas. Con: None Findings: The proposed change will not have an adverse impact on adjacent properties. Furthermore, the final site design and the effect of light and air on adjacent properties will be finalized at the time of first development order. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent land. Additionally, the development standards are similar to those approved for the surrounding developments. Con: There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. Findings: Property valuation is affected by a host of factors including zoning; however zoning by itself mayor may not affect values, since value determination by law is driven PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT" A" Page 3 of 5 Agenda Item No, SA February 27,2007 by market value. The mere fact that a property is given a residential zoning ddS~ibfl.f 141 should not affect value because the surrounding area is also residential zoning. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro: The adjacent properties are also designated Urban Residential on the FLUE and they allow for similar dwelling types. Therefore, the proposed development will not be a deterrent to the improvement of adjacent properties. Con: None Findings: The LDC's criteria for review of each land use application to allow Planning Commission and Board of Commissioners to follow standardized review process which requires consistency of the GMP. The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone amendment 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: Land Use application are subject to the public hearing process to assure that the rezone thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity in which the property is situated. Con: None Findings: The proposed rezone complies with the land use designation of the Urban (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The proposed PUD to RPUD rezone amendment conforms to the future land use element of the GMP because it will be used in accordance with the existing residential zoning within the area. Con: None Findings: The subject property could not develop residential dwelling units in accordance with the existing zoning because the current zoning is Recreational Theme Park PUD which does not allow any type of residential homes. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT "A" Page 4 of 5 Agenda Item No, S/\ February 27, 2007 Con: The proposed RPUD would authorize residential densities greater tIBtffiEt~~f 141 proposed for nearby properties. Findings: The proposed RPUD will not generate vehicular trips that will lower the LOS below adopted standards the project will not adversely impact the neighborhood. The proposed RPUD is compatible with surrounding property in scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: There are many sites which are zoned to accommodate the proposed development but this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of the zoning are with consistency with all the elements ofthe GMP. Con: None Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed RPUD is consistent with the FLUM because it is in the Urban Residential Subdistrict. 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: The subject property has been previously cleared for the recreational theme park. Therefore, any site alteration will be minimal. Con: None Findings: The site will not require extensive alteration to make it usable for residential development. 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: The proposed PUD to RPUD rezone amendment meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. Con: The GMP encourages but does not require the synchronizing of development with the availability of public facilities needed to support that development. Findings: This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP and they have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT "A" Page 5 of5 Agenda Item No, SA February 27,2007 Page 23 of 141 EXHIBIT "B" FINDINGS FOR pun PUDZ-A-2006-AR- 9403 Princess Park RPUD Section 10.02.13 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 project is located within the Urban Residential Subdistrict of the GMP and this district permits residential uses with a variety of dwelling types. The PUD to RPUD rezone amendment will intensify the land but relative to public facilities this project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: The existing residents in the area may perceive the residential intensification in the area as contributing factors to traffic congestion. findings: The GMP supports the intensification of land within the district of the subject property. Also, development conditions contained in the RPUD give assurance that all infrastructures will be developed consistent with County regulations. 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: The application has indicated that the project has evidence of unified control and a homeowners association will maintain common areas. Con: None findings: Documents submitted with Princess Park RPUD application provide evidence of unified control. The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The subject property is designated Urban-Mixed Use, Urban Residential on the future Land Use Map (FLUM) and the PUD to RPUD rezone amendment is consistent with the Growth Management Plan (GMP). Con: None PUDZ-A-2006-AR-9403 Princess Park RPUD Page 1 of3 Agenda Item No, 8A February 27, 2007 Page 24 of 141 Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The RPUD Master Plan has been designed to optimIze internal land use relationships through the use of various forms of open space separation. External relationships are regulated by the Land Development Code (LDC) to assure harmonious relationships between projects. Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The amount of open space set aside is consistent with the provisions of the LDC and the GMP. Con: None Findings: The Master Plan depicts an adequate amount of open space that provides for the equitable distribution of open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: This petition has been reviewed by all the required County staff and they have determined that no Level of Service (LOS) standards will be adversely affected. Con: None Findings: The timing or sequence of the development for the proposed RPUD in light of concurrency requirements automatically triggers review by County staff to assure the project will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. PUDZ-A-2006-AR-9403 Princess Park RPUD Page 2 of3 Agenda Item No, SA February 27,2007 Page 25 of 141 Pro: Currently, the utility and roadway infrastructure has adequate capacity to serve the proposed RPUD as well as the surrounding development at the time of build-out of this project. Con: None Findings: Supporting infrastructure such as wastewater disposal systems, potable water supplies and capacity of roads is at a level supportive of expansion. 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: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for Princess Park RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. PUDZ-A-2006-AR-9403 Princess Park RPUD Page 3 of3 <(r--",- COO~ .0",- ON_ Z - 0 r-- EN~ (!) >, (!) =cucn Cll:::lCll ~15o.. (!) (!) O)LL <C ~ o ~ ~ ~ '" z g "'NYO (II: '~'O) < lr > ~ ~ ~ ~ < ~ : i3 ;!: "'NYO (J'o'O~ llNmnd-lllOdlll\l < g~ Q.~ l!l CJlIHfalnOI PNDCJ"I I Ii ~ J!! ~li; ~I I~ ~ IKD Ili~ d~ ~ ~ ;1 I! .. , ~ a. <C ~ ~ , :> II. (!) ::liS "- < a: Z - Z 0 N n DndDl'Orll~~= c,..__ ,.,......- ~~ " O.t.....-.,) 1MIl IPMIW.L Agenda Item No, 8A February 27, 2007 Page 27 of 141 ORDINANCE NO, 2007- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF TIlE HEREIN DESCRffiED REAL PROPERTY FROM PRINCESS PARK PLANNED UNIT DEVELOPMENT "PUD" TO PRINCESS P ARK RESIDENTIAL PLANNED UNIT DEVELOPMENT "RPUD" KNOWN AS PRINCESS PARK RPUD, FOR PROPERTY LOCATED 6780 AillPORT- PULLING ROAD (CR 31) NORTH, IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.3:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 84-34, AS AMENDED, THE FORMER PRlNCESS PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WI-IEREAS, Toll Brothers, Inc. represented by Walter Fluegel, AICP of Heidt & Associates, lnc, and Richard Yovanovich of Goodlette, Coleman & Johnson, P,A., petitioned the Board of County Commissioners to change the zoning classification of the herein described rea] propelty. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The zoning classification of the herein desclibed real property located in Section I, Township 49 South, Range 25 East, Collier County, Florida, is changed frolll "PUD" to "RPUD" the Princess Park Residential Planned Unit Deve]opment in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made pUlt hereof. The approptiate zoning atlas map or maps, as desclibed in Ordinance Number 04-41, as amended, the ColIier County Land Development Code, is/are hereby amended accordingly. . SECTION TWO; Ordinance Number 84-34, as amended, known as the Princess Park PUD, adopted on April 24, 1984 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: 10f2 Agenda Item No. SA February 27,2007 Page 28 of 141 This Ordinance shall become effective upon filing with the Depa11ment of State. PASSED AND DULY ADOPlED by super-majority vote by the Board of County Commissioners of Collie!' County, Florida, this _ day of .2007. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLrnR COUNTY, FLORIDA Deputy Clerk BY: JAMES COLETTA, CHAffiMAN Approved as to fOIro and legal sufficiency ~ td; ;&ztl~?i 20f2 I',' ....; '.'~.:" . . ... .. "to', /; .---'" . ~'. ~:;,'. W:.~.., .' :~3<.>. l7;~~:< . .1- Agenda Item No, SA February 27,2007 Page 29 of 141 C"'l = - c.:;,. -.. ,.,; < t~; .:: t...P\ ~. . ~J"') ~~. ~':~ c.. '.1 . ~'t r ,.., :'J -. l- I::. -; ORDINANCE 84-~ AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT FOR A RECREATIONAL THEME P.AR.K KNOWN AS PRINCESS rARK, LOCATED EAST OF AIRPORT ROAD, 11,; MILES NORTH OF PINE RIDGE ROAD: AND PROVIDING AN EFFECTIVE DATE: \oIREREAS. ,Frank Cardillo. petitioned the Board of County COlllllliuionera to change the Zoning Classification of the herein described real property; NOW. THEREFORE BE IT ORDAINED by the Board of County COlllllliss1oners of Collier County, Flo~ida: SECTION ONE: The Zoning Class1f1~at1on of the herein described real property loc..ted in Section 1. Townahip 49 South, Range 25 East, Collier County, Florida is changed frolD A-2 to "pun" Planned Unit Development in accordance with the pun document attached hereto as ~h1bit "A" which 1. incorporated herein and by reference mad. part hereof. The Official Z~nin8 Atlas Map Number. Number 49-25-1, as described in Ordinance a2-2. 1. bereby amended accordingly. t" ~... .... "T'I .,. ::0 (") ...,., 'Z c....,) ~, ~ ... ~ II N r- , .~ .- m "" -I 018 "'~t 191 CI' -n 0 aOOK -1 :J:: )00 - -+ C'Q ", ..c.. . \)\) ~ u!1 (' ,.."'" ...... o. ", . ~ . . . , ,~~...., ATrt:ST~~ .... ... ~ WI LlttAM-,...J . r:-,: .. "0 .....-. .,: ..... - . . ~ . ....,; '0. .' .' . ,., ...... ::1., ';;", Agenda Item No, SA February 27,2007 Page 30 of 141 SECTION TWO: 'Tbh OrdinaDce .hall become effective upon receipt of notice tbat 1. ha. been filed with the Secretary of State. DATE: April 24, 1984 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY' l);;",ff &~ DAVID C. B WH, CHAIRMAN ~ teAL SUFFICIF.NCY ~GwrC2- PUD Ordinance srA'IE OF ~ ) <XXlNI"i OF COIl IER ) I I WIU.IAM J. REAGAN, Clerk of Courts in an:I for the 'IWentieth Judicial Circuit. do hereby certify that the foregoing is a true orlp,inal of: ORDINA."K:E m. 84- 34 which was adopted by the Board of County Ccmnissioners of Collier Cot.u:1ty, Florida. during Regular Session the 24th day of April, 1984. WI1NESS my hand and the official seal of the ~d of Countv,~... missioners of Collier County, Florida, this 24th day of Anrll",~~:~'.~.c.7:J'" c.)..\.. I ~ '\_~ .\-. :~.~...,t I!. U'T'TTTAl'J ~A"""'~" ..f\....'.. .... ~ \'y.LJ.....I.J~~ ~II"'\L',."'" ,". .~ Clerk of Courts ~..~ ,'.' '-: ~ Ex officio to Boa:OO of ',: '-; C ~ i~~... . .. ... aunty C S u...",...._':' ""';~ ,. : _ By'lfui~:~~~;/ 'J'ij '" 'j . This ordhonce flied with tho Secretory of State's Offic. Ih. .J.a.. day of a /U~'L. /9r~ and ocknowl~~ment of tt-tC"t flllng ree. Jved tIll..1l.d.. ~ of "7Ar~ ~~~ '. By : - J.I~~.. ~c_ . . ,~. , vomf ,"'" ." . 'J" l 'J :. ';:! . r;.. ~i .i": ; ;;.! 'r: ;" GO E.-Iu C 3 ,'. I:~ "\ ~ ~ ! aGOK 018 ~jr;~ 192 PLANNED UNIT w~~ELOPMENT DOCUMENT ..for PRINCESS PARK DECEMBER 1983 Prepared By: COASTAL ENGINEERING CONSULTANTS, INC. 3883 Davis Boulevard Post Office Box 8306 Naples, Florida 33941 (813) 774-4402 CEe FILE Ho.83.053 lOOK 018 mr 103' .' " ~ . . Agenda Item No, SA February 27,2007 Page 31 of 141 !.;.. '" ;}i ~.~~. ":~. r. I' "j 'l;'.~ ,.;.; . I .N~~ ~'. . ". SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTIOH VII :-..' .... Agenda Item No, SA February 27,2007 Page 32 of 141 TABLE OF CONTENTS ~ PROJECT OWNERSHIP AND DESCRIPTION........ 1 1.1 Purpose............................. 1 1.2 Legal Description................... 1 1.3 Property Ownership.................. 1 1.4 General Location of Property........ 1 1.5 Physical Characteristics of Site.... 1 STATEMENT OF COMPLIANCE.................. 3 PROJECT DEVELOPMENT DESCRIPTION.......... 4 3.1 Purpose............................. 4 3.2 General............................. 4 3.3 Project Plan........................ 4 UT I LIT I E S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Purpose............................. 6 4.2 County Requirements................. 6 4.3 Water and Sewer Provisions.......... 6 4.4 Utility Manager's Stipulations...... 6 4.5 Traffic Improvements................ B 4.6 Surface Water Management............ B 4.7 Solid Waste Collection.............. 8 4.8 Electric Power Service.............. 8 4.9 Telephone Service................... 8 4.10 Easements........................... 9 4.11 Environmental....................... 9 ~ I, PROJECT DEVELOPMENT STANDARD;. .. ........ 10 5.1 Purpose........................~.... 10 5.2 Permitted Uses...................... 10 5.3 Prohibited Uses..................... 11 5.4 Maximum Height of Structures........ 11 5.5 Off-Street parking.................. 11 5.6 Hours of Operation.................. 11 EXEMPTIONS FROM SUBDIVISION REGULATIONS.. 12 6.1 Purpose............................. 12 6.2 No Exemptions....................... 12 DEVELOPMENT COMMITMENTS.................. 13 7.1 Purpose.;............................ 13 7.2 Compliance with Master Site Plan.... 13 aOOK 018 mr 194 Agenda Item No, SA February 27,2007 Page 33 of 141 SECTt ON 1 PROJECT ,~ERSHIP & DESCRIPTION 1.1 PURPOSE The purpose of this section is to state the location and ownership of the subject property and to describe the existing condition of the subject property which is proposed to be developed under the project name "Princess Park". 1.2 LEGAL DESCRIPTION The north . of the south. of the southwest i of the south- west i of Section 1, Township 49 south, range 25 east; Collier County, Florida, less the west 100 feet thereof. 1.3 PROPERTY OWNERSHIP The property is currently under the ownership of Frank Cardillo and Constance A. Cardillo. 1.4 GENERAL LOCATION OF PROPERTY a) The ~ite is located on the east side of County Road 31, Airport-Pulling Road. The property lies in an area predominantly occupied by citrus orchards and nurseries. The property is bounded on the south by a golf driving range, on the west by Airport Road, to the east by a borrow pit and to the north by a single- family residence and contractor's yard. The project site contains approximately 11.3 acres. The current zoning classification of the subject property is agricultural (A-2). 1.5' PHYSICAL CHARACTERISTICS OF THE SITE The project is located within County Water Management District No.7 and within the Collier County Water and Sewer District. The subject site is very flat with the exception of a spoil bank along the 100' canal easement on the West property line. Elevations range from 10.5 to 11.0 except at the canal bank. The site has been used for agricultural purposes in the past. -1.. aOD( OiN I'1':f 105 '..r - ';\ ~.1 .- ,..j'l'!l. , ..r.., Agenda Item No, 8A February 27,2007 Page34of141 The agr~~omic soils series found within the project boundary include Arzell Fine Sand (over 951 of site) anri Immokalee Fine Sand (less than SS of the site). Soil r~~racter1st1cs (see Figure 1) were derived from the 5011 Sid "1 of Colli~r County, Florida, issued by the U.S. Departmen~ of Agriculture in Harch, 1954. The majority of the site is covered with Brazilian Pepper and Wax Myrtle with an understory of native grasses and ferns and a few willows. Test borings in the area show the bedrock to be at approxi- mately elevation + 1.0. -2- lOOK 018 "lr.~ 196 Agenda Item No, SA February 27,2007 Page 35 of 141 SECTION II STATEMENT OF COMPLIANCE The rezoning to P.U.D. of 11.3 ac(t) located in Section 1, T49S, R25E, Collier County, Florida, to be known as Princess Park is in compliance with the objectives stated in the Comprehensive Plan and with the requirements of the Collier County Zoning Ordinance for the following reasons. 1 ) The project facilities and service rating is in excess of 40 points. Therefore. it is considered as having adequate community facilities and services. (See Table 1) . The comprehens)ve plan designates the area of Princess Park as urban. "Golf Courses....Playgrounds... .and other similar recreation and open space uses" are permitted non-residential land uses. The property is well served by CR-31 (~irport Road) and is approximately a mile from the community commercial node at Pine Ridge Road and CR-3I. The property is within the county water supply system service area. 2) 3 ) 4) -3- aoolC 01'8 rlr.~ 197 . .t. Agenda Item No. SA February 27, 2007 Page 36 of 141 j SECTION III PROJECT DEVELOPMENT . ~CRIPTION 3.1 PURPO~~ The purpose of this section is to describe the general plan and development of the project. including: land uses and phasing schedule. 3.2 GENERAL a) Regulations for development of Princess Park shall be in accordance with the contents of this document. P.U.O. zoning regulations and restrictions and other applicable sections and parts of the "Collier County Zoning Ordinance" in effect at the time this document is approved. b) Unless otherw~se noted, the definitions of all terms shall be the same as the definitions set forth in the "Collier County Zoning Ordinance" in effect at the time this document is approved. 3.3 PROJECT PLAN a) The project master site plan is illustrated by Figures 2A and 26. The plan of develop~ent calls for a 36-hole miniature golf course, a "mini-car" track, a bumper boat pond, a batting cage, an "aero-ball" court, a kiddie car track, a remote controlled boat pond, a lake with paddle boats, a roller skat~ rental facility and outdoor track around the lake, a swimming pool, a matn building to house an offi~e, snack bar, park maintenance, game room. etc.. and small booths 'at individual amusements for ticket sales, storage, maintenance. etc. b) There will be no dwelling units on the 11.3 acre site. c) Such easements (utility. drainage. pr~vate. semi-private) as may be deemed necessary or desirable for the service or convenience of patrons of the facilities shall be established within the project boundaries during the final design phase or prior to construction. -4- aoo~ 018f'1r,~ 198 I '. ..,t', Agenda Item No. 8A February 27, 2007 Page 37 of 141 ",~ .\ ~ ;~ ',r.- :i~ ':~ '>:. Minor variations in locations of roads, structures, and water bodies, shall be permitted at final design to Iccomodate the geometry of the facilities to be installed. Minor variations shall be defined as being within 100' of the locations shown on the master site plan. Princess Park w1l' be developed in at least two phases. The initial phase will consist of at least the miniature golf, mini-car track, main building, and lake. The sequence and timing of subsequent facilities will be dictated by market conditions. f) Landscaped berms and buffers meeting the requirements of the zoning ordinance shall be provided and maintained. d) " ".:.~ ":',,1 .~ :~' :/; ,"'/ , . e) -5- ", .... :1f 1 .1"'. :.?; . ~1'{ { "~ .~ . \~ i::. \OO( 018 rar.t 199 >-..,.,. SECTION IV Agenda Item No, SA _ February 27,2007 Page 38 of 141 UTILITIES 4.1 0, -6- PURPOSE The purpose of this section is to describe the provisions for utilities for Princess Park. 4.2 COUNTY REQUIREMENTS All utilities including telephones and electrical systems shall be installed underground; provided, however, that appurtenances to these systems which require above ground installation will be effectively screened so as not to detract from the character of the development. 4.3 WATER AND SEWER PROVISIONS The project will be served by the City of Naples water system. Sewage will be handled by a septic tank and drainfield. Installation will comply with Chapter 100-6 of LA.C. 4.4 UTILITY MANAGER'S STIPULATIONS I} All construction plans ~nd technical specifications for the proposed Utility Facilities must be review~d and approved by the Utilities Division prior to commencement of construction. 2) All on-site and off-iite Utility Facilities constructed by the Developer in connection with the Development shall be constructed to County Standards at no cost to the County and shall be deeded to the County Water-Sewer District. in accordance with applicable County Ordinances and Regulations. 3) All construction on the proposed sanitary sewer system shall utilize proper methods and matarials to insure water tight conditions. 4) Appropriate Utility Easements dedicated to the County Water-Sewer District must be provided for the proposed water facilities to be constructed, when they do not lie within public rights-of-way or Utility Easements. 5) Data required under County Ordinance No.80-112 must be submitted and approval granted prior to approval of the construction documents for the project. Submit a copy of the approved Health Department application for the interim septic system. aOD( 018 mt 200 ~ ~ ",!::,. Agenda Item No. SA February 27,2007 Page 39 of 141 6) rrovide commitment letter from the City ~f Naples regarding water service for the project. 7) The Owner of the project shan ent:!r ...to a written agreement with the County Water-Sewer Oistr1ct at the time utility construction approval is requested, legally acceptable to the County Water-Sewer District. stating that: a) The proposed on-site septic system facilities to be constructed as part of the proposed project must be regarded as interim; it ~hall be constructed to State and County standards and be owned, operated and maintained by the owner. his assigns or successors until such time as the County's Central Sewer Facilities are available to service the project. b) Upon connection to the County's Central Sewer facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the inter,m septic system facility, in accordance with State and County standards. All work related with this ~ctivity shall be performed at no cost to the County or the County Water-Sewer District. c) Connection to the County's. Central Sewer facilities will be made by the owners, their assigns or successors at no cost to the County or to the County Water-Sewer District within 90 days after such facilities become available. d) All cunstruction plans and technical specifications related to connections to the County's Central Sewer facilities will be submitted for review and approval prior to, commencement of construction. e) The owners, their assigns or successors andlor other applicants for building permits shall agree to pay all applicable system development charges at the time that Building Permits are required, pursuant to ap~ropriate County Ordinances and r.egulations in effect at the time of Permit request. This requireme~t shall be so stated in all contractual documents between the Developers. their successors or assigns, and the purchasers of this property. -7- l ~. 80DK 018 PI!;! 201 4.5 TRAFFIC IMPROVEMENTS i\genda Item No, SA I February 27,2007 Page 40 of 141 . -8- Subject to Collier County, Department of Transportation approval, the developer, his assigns or successors, shall pr~.ide the follow. j: a) Modifications to Airport Road at the project entrance will be as per County Engineering/ Transportation standard detail sheet for left turn storage and right turn deceleration lanes. Developer will provide arterial level street lighting at entrance. b) 4.6 SURFACE WATER MANAGEMENT a) The Surface Water Management 3ystem will be owned and maintained by "Princess Park Incorporated", the entity created to own and manage the park. b) Water Management for the proposed project will utilize a man made lake and canal for detention of storm flows. Discharge will be into the canal along the east side of CR-31.' The canal along Airport Road will not be modified with the exception of a culvert installed at the entrance road. The culvert will be of sufficient size to maintain existing flows. c) Detailed Water Management plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. 4.7 SOLID WASTE COLLECTION The collection of and rlisposal of so\~~ waste will be handled by the County designated franchise holder for that service. 4.8 ELECTRIC POWER SERVICE The project is within the service area of Florida Power and Light Company. 4.9 TELEPHONE SERVICE The project is within the service area of United Telephone System. aoo,; 018 mt 202 :1 ;t;l4 I 4.10 EASEMENTS Agenda Item No, 8A February 27, 2007 Page 41 of 141 Easements shall be provided for all utility services as required by subdivision regulations. a) [NV T~~:: :.:.MENT At COtfS I DERA TI C r:s ~ll exotics will be removed during d~velopment per county ordinance. and the area will be maintained exot i c-free. ' Native vegetation will be the foundation of the landscaping plan which will be submitted to the county environmentalist for review. 4.11 b) -9- . . ,,' .j .. II' "I ~. jJ, aDOK 01'8 Plr;t 203 SEeTI ON V Agenda Item No, 8A February 27, 2007 Page 42 of 141 PROJECT DEVELOPMENT STANDARDS 5.1 PURPOSE The purpose of this section is to set forth the reg lations for the development of Princess Park. 5.2 PERMITTED USES No structure or facility or part thereof shall be erected, altered, or used; or any land or water used in whole or in part, for other than the following: a} Princip~l Uses 1) Buildings for an office. maintenance f~cilities, storage, ticket sales, snack bar, recreation room and similar uses. 2} Miniature Golf Course 3) Mini-Car Track 4) Bumper Boat Pond 5) Batting Cage 6) Aero-Ball Court 7} Kiddie-Car Track 8) Remote Control Boats and Pond 9) Swimming Pool 10) Outdoor Roller Skating Track 11) Boat Rental F~cilities 12) Any other similar and compatible recreational use approved by the Zoning Director. -10- " .... ~-., ....:1. .;;;,t ~OOK 018 PI';~ 204 01 Agenda Item No, 8A February 27,2007 Page 43 of 141 b) ACCESSORY USES 1} Signs as permitted by the zoning ordinance of Collier County Walls and fences constructed of materials and finishes architecturally compatible with the concept of "Princess Park" or buffered and land- scaped shall be permitted subject to the provisions of the Collier County Zoning Ordinance and this document. 2) 5.3 PROHIBITED USES Video Games 5.4 MAXIMUM H~IGHT OF STRUCTURES The maximum height of all structures shall be 30 feet. Fences will be limited in height to 8 feet, except adjacent to the driving ~ange located south of the project, where fence height will be limited to that required to safely screen parking and recreational facilities from golf balls. 5.5 OFF-STREET PARKING Off-street parking shall be provided as directed by the Zoning Department of Collier County at the time of approval of this document and shall remain until such time as the County Zoning Director determines that parking is insufficient to accomodate further expansion, at which time such expansion must stop until additional parking is installed. 5.6 HOURS OF OPERATION DAY HOURS OF OPERATION TRACK O~LY Sun Noon 9:00pm 9:00pm Mon lO:OOam - lO:OOpm " Tues " " " Wed " .. .. Thurs " or " Fri 10: OOem - Midnight 10:00pm Sat 10:00am - Midnight 10:00pm -11- . .l.t ,(~ ~. aco( 018 m~ 205 . ',-. ." ",- .~} (.: . .l!i.; . ~:t.' . :t";""~' ..; l7t' :~':..::. .:./"_' ~:-- .,; ,i', .. ~. .'. ,I " :!':~:, I~'~".',"; '~'~~-'. ~1": ;l.1't'~"",' .~1Tj',; , ,~,.".'~'.. :~~~,:"}- " ~.~I~~. "( )" J.~ ".', , .' , .......' Agenda Item No, SA. February 27,2007 Page 44 of 141 SECTION VI EXEMPTIONS FROM SUBDIVISION REGULA: .~.:~S 6.1 PURPOSE The purpose of this section is to describe those require- ments of the Collier County Subdivision regulations from which Princes~ Park will be exempt. 6.2 NO EXEMPTIONS Princess Perk does not come under the provisions of the subdivision regulations. -12- lOOK 018 rl~[ 2GB Agenda Item No, SA February 27,2007 Page 45 of 141 SECTION VII DEVELOPMENT COMMITMENTS 7.1 PUR~~~E The purpose of this section is to set forth the developer's commitments concerning the development of Princess Park. 7.2 COMPLIANCE WITH MASTER SITE PLAN If the applicants, their successors or assigns, proceed with the proposed development, they agree: - A) To Do So in Accordance With: 1. The approved master plan of development 2. Regulations existing when the amendment rezoning the land to P.U.O. is adopted. 3. Such other 5tfpulations or modifications as may be attached to the rezoning of the land to P.U.D. -13- aODK 01'8 r-kr,t 207 .. . ,',',. ~~~ ..,f} ....:. TABLE 1 POINT RATING FOR PRINCESS PARK P.U.D. Agenda Item No, SA February 27,2007 Page 46 of 141 ~~, . ^ ..', ,', ACCESS Directly adjacent to ext~ting arterial (Airport Road) , 20 pts. WATER Central system (Existing 16M line along Airport Road)' 15 pts. SEWER SERVICE Septic tank 2 pts. FIRE PROTECTION Within fire district with level of service M7" or better and within 3 miles of fire station (1.8 miles from new Pine Ridge Station) 10 pts. SUBMISSION AS P.U.D. 5 pts. TOTAL POINTS POINTS REQUIRED 52 pts. 40 pts. -14- aoo( 01R N~f roB' . ( ;~ - IIIIIlgenda Item N February 27, . Page 47 of - ORDINANCE 90- -il-- '" "" AN ORDINANCE AMENDING PLANNED UNIT DEVELOPMENT ~ ORDINANCE NUMBER 84-34, WHICH ESTABLISHED THE ~ -, PRINCESS PARK PLANNED UNIT DEVELOPMENT, BY AMENQ,ING ~rlr SECTION FOUR, trrILITIES, SUBSECTION 4.3, WATER IiND ~ EWER PROVISIONS, BY ADDING AS AN ALTERNATE TO 'tilE ~ IC TANK SYSTEM, INTERIM SEWER SERVICE MAY Be.,. " ~ rJ OVIDED BY THE LONE OAK FACILITY; BY AMENDING ~ CTION FIVE, PROJECT DEVELOPMENT STANDARDS, "" ~ ~ ~ SECTION 5.2, PERMITTED USES, BY ADDING VIDEO IV, AMES IN AN ENCLOSED AREA AS A PERMITTED USE; AND ~~ BY AMENDING SUBSECTION 5.3, PROHIBITED USES, BY alU..:f! DELETING VIDEO GAMES; AND BY PROVIDING AN EFFECTIVE DATE. - ; WHEREAS, on April 24, 1984, the BoareS af County Co.ai..ioner. approved Ordinance Number 84-34, which ... e.tabli.hed the Prince.s Park Planned unit Development; and t '. ~ WHEREAS, Georqe Veq. represent!nq Frank Cardillo, Constance Cardillo and Stuart Kaye, petitioned the Board ot county Commi..ioners ot Collier County, Florida, to amend Ordinance Number 84-34 by amendinq section Five, Project Develop.ent.standards, Subsection 5.2, Permitted Uses, by ., a~dinq video qames in an enclosed area and deletinq video . ~'--' g.... fro. Subsection 5.3, Prohibited Uses and renumherinq ~._... . subsection. accordinqly. . o. .... .. " .. NOW, THEREFORE BE IT ORDAINED by the Board at ... . . Co~tYCommis.ioner. ot Collier County, Florida: SECTION ONE: Amendments to Section 4, Utilities ot .." ..,.. Ordinance 84-34 at Collier County, Florida. ~ Section 4, Utilities, SUbsection ~.3, Water and Sewer ot Ordinance 84-34, The Princes. Park Planned Unit Development, i.~h.r~bY amended to read as follows: zo.. ~/ . )0.,_ .. .. . SECTION IV utilities WATER AND SEWER PROVISIONS 4.3 The Project will be served by the e*ty-ef-Nap~e. Collier Countv Water-Sewer District's water system. Sewaqe will be handled by septic tank and draintield. Installation will comply with Chapter 100-6 ot F.A.C. However. as an alternative to the ad1acent interim sewer treatment tacility ogerated bv the Lone Oak Homeown~rs' Association. Inc. Any such interim sewer service shall be first subject to the execution of an Agreement between the ooerator ot the Lon~ Oak utilitv. the owners of Princess Park and Collier County Words-st~uek-thra~9h are deleted; words underlined are added. 80DK 3lfpl"~ 234 ~ J Vi rfl :, ..,.,' . ,.- I rr r":; u:. c::: '~hich contains the terms and reaulrements contained in similar standardi~ed aareements then entered into bv the County where interim service is Drovided to develoDers by third Dartv Droviders. Anv connection to the Lone Oak sevaae treatment facilities shall not In any manner whatsoever alter or diminish the owner's/develoDer's obligations to connect to the County's central sewer system ueon availability. SECTION TWO: - - _genda Item No February 27, Page 48 of .'. tl .... /' Amendments to Section 5, Project Development Standards, of Ordinance 84-34 of Collier County, Florida. Section 5, Project Development Standards, Sub.ection 5.2 Permitted U.e., of Ordinance 84-34, the Princess Park Planned unit Development, is hereby amended to read as tollows: SECTION V a) Principal Uses 1) Building. for an office, maintenance facilities, storage, ticket sales, snack bar, recreation room and similar use.. "t,: [~j~"::,' , It:"~, ' 1%>'':-: ;!fl,.l" . :~~. .- ;~.>;' " 2) 3) ') 5) 6) 7) 8) 51) 10) 11) 12) Hihiature Golt Course Hini-Car Track Bumper Boat Pond Batting Cage Aero-Ball Court Xiddie-Car Track Reaote Control Boats and Pond SWimming Pool OUtdoor Roller Skating Track Boat Rental Facilities Any other similar and compatible recreational use approved by the Zoning Director. 13) video aames within an enclosed area. Amendments to Section 5, Project Development Standards, of Ordinance 84-34, of Collier County, Florida. Section 5, Project Development Standards, Subsection SECTION THREE: ..... " f' r-,:, .' PROJECT DEVELOPMENT STANDARDS ~:~i~';';~'~.:a PDHI'rrED USES ,t',' Ho structure or facility or part thereof shall be erected, altered, or u.edJ or any land or water used 1n whole or in part, for other than the following: 5.3, Prohibited Uses, of Ordinance 84-34, the Princess Park Planned Unit Development, is hereby amended to read as Words-str~ek-thrc~qh are deleted; words underlined are added. ~OQ( 3""9 ;.~{ 235 - . . follows: " - ~genda Item N February 27, Page 49 0 5.3 PROHIBI1ED USES Y'.e.-ea.e. Hgna I :~ t .". IBCTIOlf FOURs CONFLICT AND SEVERABILITY In the avent this ordinance conflicts with any other ordinance of Collier County and other applicable law, the .ore re.trictive ahall apply. It any phrase or portion ot the Ordinance is held invalid or unconstitutional by any court of co.petent jurisdiction, such portion shall be dey.ad . ..parate, distinct and independent provision and such not. affect the validity of the remaininq Effective Date ettective upon receipt of Secretary of stat. that this Ordinance has been tiled with the secretary ot state. DATE: Jttnl!!! 12, 1990 A'1"1'EST : JAHESC. GILES, CLERK , ,)\)UQ :11 , " , "~.;1. .. . '. ..:~," ':,. . ~:. . , 'AS TO, f'bM AND LEGAL SUFFICIENCY: ."~ .~~'!\<-:~: '.~' ". -' :'~ , , .,..t ~ .~.. . . I:':P i~,::,:,':.i,~~~ :"" ':ASSi:'*~'" A'r'1'ORNEY :., ..;. .......... It,: '" PDi~tO-2" ORDINANCE AMENDMENT I;'J!..:', n!:t/3028 '~~;:" ' I -i J ~ i . This Ofdlnonc. flied wIth fM ~retpty of .'. Of~ ~., .... fll ~ of Words-.~r.ek-~hro~9h ar~ deleted; words underlined are added. -3- aoaK 39 I'm 236 .. - - '~)'- '. ".. ' r :/'. l'1'A'l'K O~ ~t.OKIDA ,I,; ~J. .' COUNTY OV COLLIER It JAMIS O. GILlS. Clerk ot court. in and for the Twentieth Judicial Circuit, Collier County, Florida, do hareby certify that the toregoing is a true copy ot: Ordinance No. 90-53 which wa. adopted by the Board of County Commissioners on the 12th day at 3une, 1990, during Regular Session. WITNESS my hand and the otticial seal ot the Board at County Commi..ioner. at Collier County, Florida, this 20th . . ~:r\i. ;t: day at 3une, 1990. ':.... ' ' '~ .' .~ 3AMES C. GILES Clerk of Courts and Cr.rk Ex-officio to Board ot-:'..,.' , ?fcoun::::<;. ~. : 18/Maureen Ken n ' . Deputy Clerk .l;;O~ 39 ~l';t 237 1,/, ' ". .~~ . ..,:. :,. '. "" . " . ,. "" . :"I : ~.~ '. . ,\. r. ... Princess Park RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREP ARED FOR: croll CBrothers America's Luxwy Home BaUder" 28341 S. Tamlaml Troll, Suite 4 Bonita Springs, FL 34134 PREPARED BY: ----------------------------l i HEIDT & ASSOCIATES, INC. I r'Ort ~Iy.n I J6(OCQlorUIt~ I MI"Cffll.n sun SCoWE ARCHIUC1UUI. f'r:-~:;~:~~~~s I f.NYIKUNIlIf.NTAlI'IRMlrI'lNG Tampa + SAr.ftBOl1l I _______.________...._....___________._____.____ ,___._.__.___.__......__,__J AND Goodlette, Coleman & Jolmson, P.A. 4001 Tamiarni Trail North, Suite 300 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Agenda Item No, SA February 27, 2007 Page 51 of 141 TABLE OF CONTENTS SHORT TITLE PAGE SECTION I: STATEMENT OF COMPLIANCE 4 SECTION II: PROPERTY OWNERSHIP AND DESCRIPTION 7 SECTION III: RESIDENTIAL DEVELOPMENT REGULA TrONS 8 LIST OF EXHIBITS AND TABLES 3 2 Agenda Item No. 8A February 27,2007 Page 52 of 141 LIST OF EXHIBITS AND TABLES EXHIBIT A RESIDENTIAL PUD MASTER PLAN EXHIBIT B LIST OF REQUESTED DEVIATIONS FROM LDC EXHIBIT C DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 3 Agenda Item No, 8A February 27,2007 Page 53 of 141 Agenda Item No, SA February 27, 2007 Page 54 of 141 SECTION I STATEMENT OF COMPLIANCE The subject property consists of 11.34:t acres of property in Collier County, Florida, and will be redeveloped as a Residential Planned Unit Development (RPUD), to be known as Princess Park RPUD. The proposed development will be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), as amended, including concurrency requirements. The proposed RPUD will consist of 133 multi-family andlor Townhome units, including recreational amenities and open space, all to be constlUcted in one phase. The proposed development strategy will be consistent with the land development regulations and Growth Management Plan. Specifically, the proposed development is consistent with the following Growth Management Goals, Objectives, and Policies of the Growth Management Plan: 1. The subject property is located within the Urban Mixed-Use District-Urban Residential Subdistrict as identified on the Collier County Futurc Land Use Map. The Urban Residcntial Subdistrict of the Urban Mixed-Use District provides for higher urban densities in areas with fewer natural resource constraints and where public facilities are concentrated. 2. The Density Rating System of the Growth Management Plan establishes provisions for the assignn1ent of density for properties within the Urban Residential Subdistrict of the Urban Mixed-Use District. The GMP, as amended, establishes densities for the conversion of commercially zoned lands that are located in Subdistricts that are not compatible with commercial uses. Accordingly, the proposed development would be assigned a baseline density of 16 dwelling units per acre (dulac). However, this baseline density assignment then must be offset by the Traffic Congestion Area provision of the GMP, as amended, to subtract 1 dulac of baseline density due to the fact that the subject property accesses to Airport-Pulling Road, which qualifies as a Traffic Congestion Arca Density Rating System Calculation -Base permitted density -Commercial Conversion (DRS Provision 1) -Traffic Congestion Area Reduction (DRS Provision b.1.) Permitted Density 4 du/ac 16 du/ac -1 dulac 19 du/ac Proposed Density -133 units on 11.34 acres 11.7 du/ac 3. All final local development orders/permits for the subject RPUD shall be subject to the Collier County Public Facilities Ordinance. 4 Agenda Item No, 8A February 27,2007 Page 55 of 141 4. Objective 7 promotes vehicular interconnections between adjoining properties) as well as encourages safe and convenient on-site traffic circulation. It is the intent of the developer to design a walkable community within the parameters of the subject site. Internal/external sidewalk access will be achieved through a connection to the existing sidewalk along Airport- Pulling Road. However, due to the constraints of the subject site and the abutting existing neighborhood) the goal of direct vehicular interconnections between said properties could not be achieved. 5 Agenda Item No, SA February 27,2007 Page 56 of 141 SECTION II PROPERTY OWNERSHIP, DESCRIPTION AND SHORT TITLE 1.1 PURPOSE The purpose of this Section is to set fOlth the ownership, legal description and short title of the property proposed to be developed, under the project name of Princess Park RPUD. 1.2 LEGAL DESCRIPTION The subject property being 11.346 acres, is described as: The north half of the south half of the southwest quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida, LESS the west 100 feet thereof, previously reserved for road right~of-way purposes. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership ofBic's Investment Corp, 6780 Airport-Pulling Road North, Naples, FL 34109. The subject property is under contract to Toll Bros., Inc. 28341 S. Tamiami Trail, Suite 4, Bonita Springs, FL 34134. 1.4 PROJECT DEVELOPMENT The subject propeliy consists of 11.34:t acres of property in Collier County, Florida, and will be redeveloped as a Residential Planned Unit Development (RPUD), to be known as Princess Park RPUD. The property is located in the North Naples Planning Community, The subject property is cUITently zoned as the Princess Park PUD and has been developed as an amusement park. The proposed development shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan, including conCUlTency requirements. The proposed RPUD will consist of 133 multi-family and/or townhome units, including recreational amenities and open space, all to be constructed in one phase. 1.5. CONTINUATION OF EXISTING USES The existing commercial uses on the Princess Park PUD shall be allowed to continue operations as permitted uses until such time as site work for the residential uses commences. At that time, the existing commercial uses shall cease. 6 Agenda Item No, SA February 27, 2007 Page 57 of 141 SECTION III RESIDENTIAL SUBDISTRICT 2.1 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the multi-family residential RPUD shall bc established at the time of development plan review, but shall not exceed 133 residential dwelling units. 2.2 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Multi-Family Dwelling Units 2. Townhomes 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uscs, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. 4. The uses existing on the site shall remain permitted uses until such time as site work for the residential use commeces. B. Accessory Uses: Accessory uses and structures customarily associated with the pelTI1itted principal uses and structures, including, but not limited to: 1. Customary accessory uses and stlUctures, including garages. 2. May include common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences, which have the use of such facilities, including clubhouse, swimming pool, barbeque facilities, tennis courts, playgrounds, and restrooms. C. Ancillary Uscs: 1. Project sales and administrative offices, model units, temporary sales facility and temporary construction trailer. 2. Utility facilities and/or easements, including rights-of way and driveways/aisles. 3. Water management areas and amenity feature lakes and fountains. 4. Signage. 5. Guardhouse and entry gate. 6. Maintenance facilities. 7 Agenda Item No, SA February 27, 2007 Page 5S of 141 2.3 DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. T ABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT MULTI. GUARDHOUSE/ACCESS CLUBHOUSEIRECREATION STANDARDS FAMIL Y TOWNHOME CONTROLSTRUCTURE~ BUILDING MAINTENANCE BUILDING PRINCIP AL STRUCTURES MINIMUM LOT 9,000 SF 1,700 N/A S,O()O SF AREA MINIMUM LOT 9()' 20' 0' 20' "1DTH MIN FRONT 20' 20' 0' 20' YARD * MIN SIDE YARD IS' O' O' 10' ** MIN REAR YARD IS' 15' O' 15' ** MIN. DISTANCE BETWEEN 20' 10' N/A N/A STRUCTURES 4 stories, MAX. BLDG. HT. not to 2 stories, not to 35' *** 1 story, not to e:l:ceed 35' *** NOT TO EXCEED exceed 57' exceed 35' *** *** MINIMUM FLOOR 750 SF 1,000 SF 100 SF (400 SP Max) 1,000 SF AREA ACCESSORY/ANCILLARY STRUCTURES --- FRONT 20' 20' 0' 10' SIDE 10' 0' 0' O' REAR 15' 15' 15' ** 15' ** DISTANCE BETWEEN 10' 0' 0' 0' PRINCIPAL STRUCTURE MAX. BLDG. liT. 20' 20' 20' 20' NOT TO EXCEED * Front Yard measured from back of curb. Distance from the side-loaded garage doors to the back of sidewalk shall be no less than 23 feet ** Water setback (seawalllbulkhead) = 0 feet *** Zoned Height GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between stlUctures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. 8 Agenda Item No, 8A February 27,2007 Page 59 of 141 EXHIBIT A MASTER PLAN 9 Agenda Item No, SA February 27,2007 Page 60 of 141 EXHIBIT B LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1. Seeks relief from LDC Section 6.06.01.0 which requires minimum local street right-of-way width of 60 feet to allow a 40 foot private access easement. This deviation is justified due to the small-scale setting of the proposed 'neighborhood', This addresses concerns that a larger road right-of-way is conductive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. The 40 feet private access easement for a residential street will successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. This dimension for a neighborhood right-ol-way accommodates all the standard roadway functions so that the development is compact and open spaces can be maximized and concentrated on the subject property. Deviation 2. Seeks relief from LDC Section 5.03 ,02, which limits fence or wall height to 6 feet measured from unaltered ground level at the fence or wall location, to allow a 6 foot wall on a 2 foot benn for an overall height of 8 feet. This additional height allows the fence or wall to function relative to the graded site elevation and the Airport-Pulling Road elevation. The two additional feet in height and adjustment to the measurement location responds to the site condilions so that the perimeter fence or wall functions to visually and physically define and protect the neighborhood edge, This deviation is intended to ensure compatibility with surrounding uses. Deviation 3. Seeks relief from LDC Section 6.06.01.1, where dead-end streets shall be prohibited except when designed as a cuI-dc-sac. Whcn a street is designed to be extended when the adjacent property is developed, a temporary cuI-de-sac and right-of-way shall be designed. A cul-de-sac in excess of 1,000 feet shall be permitted. This deviation will allow the cul-de-sac to be extended, recognizing the linear orientation of the property and acknowledging that the length to the cul-de-sac will ultimately be subject to Fire Department approval. Deviation 4. Seeks relief from LDC Section 4.06.02 to allow a deviation from the 15 foot required buffer adjacent to the office complexes along the northern property line. This deviation will provide a 15' perimeter buffer along that the northern property line for that portion of the northern property line abutting the existing office complexes as shown on the Conceptual Alaster Plan. This deviation will address site constraints along the northern property line, including a 15' utility easement. This deviation will allow the site to be developed with a minimum overlap of 5' for the Perimeter Landscape Buffer into the utility easement as depicted on the Typical Cross Section for Easement / Landscape Buffer Overlap on the Conceptual Master Plan. Pursuant to Ordinance 2004-31, as amended, it is understood that the developer, its successor(s) in title or assignce(s) shall be responsible for all costs and expenses of any and all repairs, replacements, maintenance and restoration of..;aid improvements. 10 Agenda Item No, SA February 27,2007 Page 61 of 141 EXHIBIT C DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 1.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 1.2 GENERAL All facilities shall be constructed in strict accordance with final SDPs, final subdivision plats, 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 Land Development Code shall apply to this project even if the land within the RPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the 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 the conunitments within this Document. 1.3 PUD MASTER PLAN A. Exhibit "A',', RPUD Conceptual Master Plan 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 site development plan application, subject to the provisions of the Land Development Code, as amended. B. All necessary easements, dedications, or other instlUments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Easements shall be maintained by the developer, its successor(s) in title, or assignee(s). 11 Agenda Item No, SA February 27,2007 Page 62 of 141 1.4 TRANSPORTATION The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. A gatehouse/limited access facility shall be permitted within the project's main entrance area, but shall not be located so as to impede traffic flow (minimum 100 foot distance from edge of pavement to stop~bar, andlor gate) on Airport Pulling Road, nor shall such facilities be located within the Airport Pulling Road right-of-way. B. Arterial level street lighting shall be provided at all development points of ingress and egress, Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. External and internal improvements deternlined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development shall not be considered for impact fee credits. All such improvements shall be in place prior to the issuance ofthe first CO. D. All median openings and driveway locations shall be in accordance with the Land Development Code, and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by Collier County Transportation Staff to have an adverse effect relevant to operational circulation, safety conditions, or concerns. A median opening shall be preserved for emergency vehicle access to the emergency vehicle entrance. E. Nothing in any development order shall vest the right of access over and above a right in/right out condition. Neither shall the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). F. All accesses and roadways not located within a County rights-of-way shall be privately maintained by an entity created by thc developer, its successors in title, or assigns. The developer shall design and pay for any required road improvemcnts to Airport Pulling Road that will provide access to the project (this includes previously referenced turn lanes and other improvements such as lighting). Any future expansion of AirpOlt Pulling Road shall include the project's access and shall be designed and paid for by the County during the construction of AirpOlt Pulling Road. 12 Agenda Item No, SA February 27,2007 Page 63 of 141 G, All work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance Number. 1.5 WATER MANAGEMENT The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. In accordance with the rules of the South Florida Water Management District, the Princess Park RPUD project shall be designed for a storm event of a 3-day duration and 25 year storm retum frequency. B. An excavation pelmit shall be required for the proposed lake (only if the existing lake has to be modified) in accordance with the Collier County Code of Laws andOrdinances. All lake dimensions shall be approved at the time of excavation permit approval. C. Detailed paving. grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction takes place in accordance with the approved plans by Engineering Review Services. D. Minor changes and/or modifications to Exhibit A shall be authorized pursuant to Section 1.3 A. of the Princess Park RPUD. E. A South Florida Water Management District surface water management permit shall be obtained prior to site development plan approval. t.6 UTILITIES The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution. sewage collection, and transmission lines to serve the project are to be designed, constructed. conveyed, and/or owned and maintained in accordance with applicable Collier County 13 Agenda Item No, SA February 27, 2007 Page 64 of 141 Ordinances, as amended, and other applicable County rul es and regulations. B. All customers cOlU1ecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system serving the Project shall be connected to the District's water main and extended throughout the project. This system shall be consistent with the main sizing requirements specified in tlle County's Water Master Plan. During design of these facilities, the following features shall be incorporated into the distribution system: Dead-end mains shall include dead~end flushing hydrants. D. A water disttibution system shall be constructed thmu gh out the development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements, as set forth in Collier County Ordinance 01-57, as amended, shall be conveyed to the County WaterlSewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated, and maintained by the developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system shall be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the development by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted tights-of-way or within utility easements, as required by applicable Collier County Ordinances, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, its assigns or successors. G. All construction plans and teclmical specifications and proposed plats, if applicable, for the proposed sewer system shall be reviewed and approved prior to commencement of construction. 14 Agenda Item No, SA February 27, 2007 Page 65 of 141 1.7 ENGINEERING The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed constl1lction in accordance with the submitted plans is granted by the Engineering Review Services Department. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. C. The developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent wi th any subsequent development order relating to this site including SDPs and any other application that will result in the issuance of a final local development order. 1.8 ENVIRONMENTAl, The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. B. An exotic vegetation removal, monitoring, and maintenance (exoticN free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Environmental Services Staff for review and approval prior to final SDP/construction plan approval. C. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Habitat Management Plan for those protected species shall be submitted to Environmental Review Staff for review and approval prior to final SDPlconstruction plan approval. D. This RPUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the CoHier County Land Development Code at the time of final SDP/construction plan approval. 15 Agenda Item No, 8A February 27,2007 Page 66 of 141 E. All approved agency (South Florida Water Management District [SFWMD], United States Army Corps of Engineers [ACOE], and FFWCC) pernlits shall be submitted to Environmental Services Staff prior to SDP approval. 1.9 AFFORDABLE HOUSING The Developer of Princess Park RPUD, in cooperation with Collier County, has agreed to address affordable housing impacts associated with King Richards RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable Housing Trust Fund. A. One thousand Dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. The payment of the sums set forth in this Section shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable and/or workforce housing. 2.0 HISTORICAL AND ARCHAEOLOGICAL A. Pursuant to the Land Development Code, if, during the course of site clearing, excavation, or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Resumption of construction activities shall be conunenced inuuediately upon approval of Collier County Code Enforcement Department, which shall provide for an expedited review of issues sUlTounding said artifact. 16 <(f'-"'- ,S2g~ \J_ _0 C: N f'- CDeCO =::CO~ CO:JCtl -g15Q.. CD CD OJLL <( t j ~ : I 'C ~ 5 o ~ III S ~ ~ ~ : ~ ~ -o~ 5 :F. =.Il, !l ~ ~ ~ rn~ ~j u. ~~ ~ .gJ~~ ~ ~ . ., PlJ!~ g,n l\.~~ , , , I I I , I I , I ' II! -E ~ . ;:1 if l", .!i - - . . " " . . '/. ;fI": ..::I ~ :i u~ - ~ . oJ ~ -a ~~~~;~~ _z~....;:::l- j ~ " ~ ..d u Cl" .;( .. ,,:;; ~ .3 ~ 6~!!f ,< ,Ii n ~) I-i 11 u '" 0 .:l " ~ _ H q'~ ilBne.;ol~ fol '= 'C .!! ,. ~ ':l ,. t::w,:J;:j:!'s"~ CI'J .~~~Q .. l! I~! "S~l ~..~ ~~~i.. ~1:JE!BcB..~g:~ l:l~oIV,lg.c:!e ~~lH~~Jij . I -*" I' II ) ! i5 ~ .. Clm ,6 dl ;;:. ;;> - c.Il ~,... :i ~5 .. ~ l:l '3 s ~ ~ ] .~~ ~ 0 .:l 1-0" _________~...---~ N ~ ~l'1 ~ i rr--------- __"I!tI!l.",2 II ! 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' --- ------ --- ' " , , ',!l'1;F".I,-.f.,... _____.J, ' _ '. '1~'\! 1"~ ~-"""'-~~ --1______ ....... : ___...._ ~ -.IN' \\( ~; ---fo-------.. c.'.,:<"", _,:::7: __ ~;.-__L : /---- , ......._...,<1 ,~~" I I ..:. ~_ ~~ _L_~:~~~:-li-"::-T--n, ~ (" : l<lTlnd-~"od1lI' k :: _______;..-:-.w. _ _ . 'I .. III " ~ LiJ -' <( o I/) ! i i III ~ t ~ V) c Ii ~ ~ i. UI ;;, , ~ ., ~ . lIEn ~ 'Ii j j ~ ~~ i'! "" .. Q II< lal ~ Z = S :f .. .. " 'i B u ~ jj ~ . !~ I~.~ J ~ .. <~ il .. ... = B :;; !!:E ~l j c I:l ... ~ - ,t j "a III - ! I.l ~ ~ J: m ,. "~ C ~ ~ <; '5 III i ~ f i I j i i II ! :i Ii h H I tl U : fi U t 51 II t a Hi 1 f1 1,1lf: ~1 H~Jj! ~~ 1Wtl i~IJ II!Hi~ t f,1hHt!Ui j ~.lfn!l.i Iii i :l~~'e Jllj J ml.!lhi]d t'f'12orhP ~ d~n~iilfJii ~ UfHUUt.I".H ~ ~IJl.f:i:~n1t e w!p~i!nH ~ dhiH/ilHj ~ ,w=~du=U~ ..:'l...."".,.c.t-....::f::::.!::i- :'~ Agenda Item No, 8A February 27,2007 Page 6S of 141 'COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLJERGOV.NET 6968 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- APPLICATION FOR PUBLIC HEARING FOR: r--:>l PUP REZONE (PUDZ) ~ PUD TO PUD REZONE (PUDZ-A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE I ., ''-',;-'" ". ',' '." . -,''-:''-,'.' ..', - '. .' APPLICANT INFORMATION ...1 ". '" '" ' , : ' ::; ",~: ,"~: ,;', .'. -'. .... " . ~ ",' '.".' , " , NAME OF APPLlCANT(S) -- TOLL BROTHER~,J.bL~_______________________________________ ADDRESS_.2_8341 S. TAMIAMI TR. SUITE 4_CITY_BONITA SPRINGS_ STATE_FL_ZIP_34134_ TELEPHONE #_239-949-2304___CElL # _____________JAX #_239-949-2292___________ E-MA!L ADDRESS:___DTORRES@TOLlBROTHERSINC.CO M _______________________________ NAME OF AGENT WALTER FLUEGEL, AICP. HEIDT & ASSOCIATES. INC. _____________'-____ ADDRESS 3800 COLONIAL BlVD_____CITY_FORT MYERS___ __STATE__FL___ZIP__33912__ TELEPHONE #_239-482-72 7S_____CELL # _________________JAX#__239-482-21 03_____ E- MAl L ADDRESS :____ WF LU EGEL@H EI DTI N C. COM______________________________________ NAME OF AGENT RICHARD YOVANOV~CH, GOODLETTE. COLEMAN & JOHNSON. PA_______ ADDRESS 4001 TAMIAMI TRAIL N. SUITE 300_CITY _NAPLES__STATL_c1___ZIP __34103__ TELEPHONE #_23 9-43'5-3535_____CELL # __________________FAX#__239-43 5-1218_____ E- MAl L AD DRESS:____RYOV ANOVICH@GCJLAW.COM____________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBY1ST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE i REGULATIONS. AppEcMion For Public Hearing For PUD Rezone 6/14/04 Agenda Item No,SA February 27,2001 PuaS€I ~]Of 141 . IJ ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS _____________________~____ CITY _____________ STATE _______ ZIP__________ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS __________________________ CITY _____________ STATE _______ ZI P __________ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS __________________________ CITY _____________ STATE _______ ZI P __________ NAME OF MASTER ASSOCIATION: __________________________________________________ MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP _______ NAME OF CIVlC ASSOCIATION: _____________________________________________________ MAILING ADDRESS ______-:-___________________ CITY ___________ STATE ____ ZIP _______ Application For Public Hearing For PUD Rezone 6114/04 Disclosure of Interest Information Agenda Item No, SA February 27, 2007 Page 70 of 141 I .~ a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy. list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership _BIC'S INVESTMENT CORP.__________ _3780 N AIRPORT RD.______________ _NAPLES, Fl 34109 ________________ _Deborah Bickle 50% _Robert Bickle 50%__ c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of OwnershIp Application 10m Public Hea,ing For PUD Rezone 61\4/04 Agenda Item No:i3A February 27,2007 d. If the property is In the name of a GENERAL or LIMITED PARTNER~~rp;1 of 141 , list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an Individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership __Toll Bros. lnc.____________________ __Publicly Traded___ Date of Contract:___9-30-05__ f. jf any contingency clause or contract terms involve additional parties, list aH individuals or officers, if a corporation, partnership, or trust. Name and Address Application For Public Hearing For PUD Rezone 61 I 4J04 g. Date subject property acquired 0 leased 0 Term of lease _________yrs. / mos. Agenda Item No. SA February 27, 2007 Page 72 of 141 ~.I If. Petitioner has option to buy, indicate the following: Date of option: __________________________ Date option terminates: _-.:_________________1 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. Application For Public Hearing For PUD Rezone 6/J4/04 PROPERTY LOCATION Agenda Item No:8A February 27,2007 P,ggA 73 of 141 ,I Detailed lel!al description of tile property covered bv tile application: (If space is inadequate, attach on separate page.) If request Involves change to more than one zoning district, include'separate legal description for property involved in each distrIct. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section {Township/Range __Ql___I__49___I__2S___ Lot: ___NA_______ Block: ___NA_______ Subdivision:________NA________________________________________ Plat Book___NA_____ Page #:____NA_______ Property 1. D .#: _ 0023 5320005 ______________________________________ Metes & Bounds Description: The North Y2 of the South V2 of the SW ~ of the SW 14 of the Section 1. Township 49 South. Range 25 East. Collier County. Florida. less he west 100 feet thereof. previouslv reserved for road rlght-ot-way purposes Size of proper tv: __395.19_3t. X __1351.44 ft. = Total Sq. Ft. _495.486.35 so. ft. Acres 11.34____________ AddresS/2enerallocation of subiect property: 6780 Airport-PulliDl:~ Road N PUD District (LDC 2.03.06): D Residential 0 Community Facilities [g] Commercial D Industrial ADJACENT ZONING AND LAND USE Zoning Land use N__PUD_______ S__PUD_______ L_PUD_______ W__R-Q-W___ LONE OAK RESIDENTIAL COMMUNITY ______________________ WILLOW PARK OFFICE PARK_________________________________ LONE OAK RESIDENTIAL COMMUNITY _______________________ AI RPORT - PU LLI N G ROAD ___________________________________ 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). Application For Public Hearing For PUD Rezone 6114/04 Section/Township/Range _______/_______/ _______ Lot: _________ Block: _______ Subd ivision:___________________________________ Plat Book_____ Page #:______ Property I.D.#:__________________________________ Metes & Bounds Description: _______________________________________________ Agenda Item No, SA February 27, 2007 Page 74 of 141 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: _Amusement Park________________________________________ Proposed Use (or range of uses) of the property: Multi-Family Residential _________ Original PUD Name: _ Princess Park _____________ Ordinance No.:___84-34___________ EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideratton of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13, B) 1. The suitability of the area for the type and pattern of development proposed In relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property consists of a total of 11.34 :!: acres located within the North Naples Planning Community. The proposed development will consist of up to 133 multi-family and/or townhouse residential units along with the appropriate recreational and open space amenities constructed in one phase. The proposed project is suitable as it is with Urban Residential Subdistrict. The proposed development discourages urban sprawl by providing more urban densities in an area appropriate for such densities. Its location on Airport- Pulling Road, north of Pine Ridge Road, clearly demonstrates it is ideally situated for residential development in close proximity to the various public facilities and services. Utilities are available io the site. The site has existing access to Airport-Pulling Road. The site is generally bordered on the North by Lone Oal< PUD, on the South by Willow Park PUD, on the East by Lone Oak PUD and on the West by Airport-Pulling Road, which all consist of both residential and commercial uses. Thus, the surrounding uses are fully compatible with the proposed project. The applicant is requesting significantly less than the allow-able density, thereby further reducing the Impacts on surrounding public facilities and services. The project is in essence a downzoning from the existing commercial nature of Application For Public Hearing For PUD Rezone 6114!U4 Agenda Item No,''8A the property as an amusement park, and traffic patterns will be considerably frRp.~rI27, 2007 within this corridor. tpage't5 of 141 The property's topograpghy is such that a residential development is appropriate and on site drainage will be enhanced. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 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. The appropriate agreements and commitments have been or will be provided within the RPUD document. King Richard's will be a compact and well planned residential community with no commercial components, and is planned to encourage ingenuity, innovation and imagination in the planning, design and development of the project under unified ownership and control as set forth in the Collier County Unified Development Code (UDC). 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The subject property is within the Urban Residential Subdistrict as identified on the Collier County Future Land Use' Map as provided in Objective Urban Mixed Use District - Urban Residential Sub-District, along with the other urban districts in Collier County, is to coordinate land use with the natural environment, including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. The proposed development clearly meets this objective and discourages urban sprawl and specifically meets the policy of encouraging development toward areas more tolerant to development. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictIons on design, and buffering and screening requirements. The project development is compatible and complementary to existing and future surrounding land uses as required in Future Land Use Element. The property is surrounded predominantly by existing commercial and residential uses, as indicated above. As such, the residential nature of the RPUD will be compatible with these uses. The developer will provide substantial buffering and landscaping consistent with requirements in the UDC to ensure proper screening of the project from surrounding uses. The project will be developed with a uniform and consistent design theme. Further, the project will be developed in one phase, thus ensuring compatibility and consistency of design. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Application For Public Hearing For PUD Rezone 6/14104 Aoenda Item No, SA ~February 27,2007 Page 76 of 141 The project will be consistent with all Collier county open space requirements. The use of existing natural areas as well as additional open space provided in the form of playground, walkways, trails, buffer areas and green space will be adequate for this project to meet or exceed all County Goals. At least 4,1 acres, or 40 percent of the developable site area, shall be devoted to open space, 6, The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. All public and private services and facilities will be available at the time of development. These will all exceed minimum levels of adequacy necessary for the project. Water and sewer service is available to the site. There are no roadway moratoriums in this area affecting transportation systems. Drainage is adequate for the site. Waste management, cable, electric, and telephone services are available to the site. Adequate schools, police, fire, and health care facilities are all within the proposed development's service area. The project will also result in an efficient and economical extension of community facilities and services as required in the Future Land Use Element and promotes the residential infill guidelines of the American Planning Association's Policies on Smart Growth. 7. The ability of the subject property and of surrou nding areas to accommodate expansIon. This property will remain as a residential development with a maximum of 133 units and will therefore not be able to expand without a revision to this PUD. 8. Conformity wIth PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modIfications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The project is in conformance with the Collier County PUD regulations. The proposed density of 11.7 units per acre is less than the maximum density of 15 units per acre permitted by the Density Rating system, and is thus fully consistent with Future Land Use Element. The proposed list of deviations and corresponding narrative justification statement has been included. Deed Restrictions: The County [s legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public heari ng been held on this property within the last year? 0 Yes 0 No If so, what was the nature of that hearing? Appli~ation For Public Hearing For PUD Rezone 6114/04 Agenda Item No, ""SA - - 2007 Page 77 )f 141 NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processinQ or otherwise active Iv pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "c1!?sed" may be re-opened by submitting a new application. repayment of all application fees and granting of a determination of "sufficiency", Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Application For Public Hearing For PUD Rezone 6/14/04 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONEREQUEST Agenda Item No, SA February 27,2007 Page 78 of 141 APPLICANT INFORMATION NAME OF APPLlCANT(S) _TOLL BROTHERS. INC._______________________________________ ADDRESS_28341 S. TAMIAMI TR. SUITE 4 CITY_BONITA SPRINGS _STATE_FL_ZIP _34134_ TELEPHONE #_239-437-251 L____CELL # ___________________JAX # _239-267-1 211___ E - MAl L AD 0 RESS: __ DTORRES@TOLLBROTHERS1NC. CO M________________________________ ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): _6780 AIRPORT RD.. NAPLES, FL. 34109____________________________________________________________________________ LEGAL DESCRIPTION Section/Township/Range __Ql_____/ __49_____1__25_____ Lot: __NA________ Block: __NA________ Su bd ivi s i on :____NA____________________________________________ Plat Book__NA______ Page #:__NA______ Property 1.0.#:_ 00235320005 ___________________________________ Metes & Bounds Description: _See Attached legal Description I TYPE OF SEWAGE DISPOSAL TO BE PRovIlYED (Check applicable system): COUNTY UTILITY SYSTEM ~ a. GTY UTILITY SYSTEM D b. FRANCHISED UTILITY SYSTEM D PROVIDE NAME ____________________________ d. PACKAGE TREATMENT PLANT D (G PD cap aci tyL___________________________ e. SEPTIC SYSTEM D TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM [gj b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM D PROVIDE NAME ____________________________ d. PRIVATE SYSTEM (WELL) 0 Application For Public Hearing For PUD Rezone &114/04 STATEMENT OF UTILITY PROVISIONS - page 2 Agenda Item No: SA February 27,2007 Page 79 of 141 TOTAL POPULATION TO BE SERVED: 200 (133 Multi-Familv Units) ________ PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK __86.4 qpm____ AVERAGE DAILY___21.6 gpm___ B. SEWER-PEAK __87.6 qpm____ AVERAGE DAILY ___16.8 gpm___ IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED__12-01-07 ________________ 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. " . 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 build ing 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 syste ms. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County! a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Application For Pllblic Hearing For PUD Rezone 6/14/04 /\genda Item No, SA February 27,2007 Page 80 of 141 AFFTD A VlT Well, BIC's Investment Corp. being first duly sworn, depose and say that well am/are the owners 'of the property described llerein 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 Ollr knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this fonn, 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 infonnation has been submitted. As property owner Well further authorize Ton Bros., Inc., Heidt & Associates and Richard Yovanovich to act as our/my representative in any matters regarding this Petition. By: Signature of Property Owner J2pe€-CT :s. ~ \ CJ(. LC:::- Typed or Printed Name of Owner Typed or Printed Name of Owner The ~oregoinfb., instrument was acknowledged before me this -Ll day of ~,. , 200 , by ~<6!'x~+ J, .!S(6,lC Ie , as CJ~_.n-..... of mc's Investment Corp., who is personally known to m~ or has produced as identification. State of Florida County of Collier ~tl) C-~.~~ (Signature of Notary Public - State of Florida) NOTARY PUBUC-STATE OF FLORlDA ~ Karen C. Stevenson Co~mi~sion # Dp467739 Explres. OCT. .4, 2009 Bonded TIuu Atlantic Bonding Co,. Inc. i. r'" c;" f',fr/"() '---, ,;~ \Je/{):5:"-(\ (Print, Type or Stamp Commissioned Name of Notary Public) TMJlP_409337,1 Agenda Item No:'8A February 27, 2007 Page81of141 -I TRA~~IC 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 followi ng 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: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADD Peak Season Daily Traffic Peak Hour (PSDn 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: With i n 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 decellanes or other improvements. 6, Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how th is request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4, 5.1,5.2,7.2 and 7.3. A Major TIS shall address all of the items ~isted above (for a Minor TIS, and shall also include an analysis of the folloWing: 1. Intersection Analysis Application For Public Hearing For PUD Rezone 6114/04 2. Background Traffic 3. Futu re Traffic 4. Th rough Traffic 5. Plan ned IProposed Roadway Improvements 6. Proposed Schedu Ie (Phasi n9) of Development Aoenda Item No, 8A -February 27,2007 Page 82 of 141 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 lnfluence (ROl) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assiqnment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the ROI. Both annual average and peak seasonal traffic should be depicted. 3. Existinq Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links withi n the RD1. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GM P. 5. Radius of Development Influence (RDD: The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 ivilles 50,000 - 99, 999 Sq. Ft. Application For Public Hearing For PUD Rezone 6114/04 3 Miles 100,000 - 199, 999 Sq. Ft. 200,000 - 399,999 Sq. Ft 400,000 & up 4 Miles 5 Miles 5 Miles Agenda Item No,8A February 27, 2007 Page 83 of 141 In describing the RDI the TIS shall provide the measurement in road mires from the proposed project rather than a geometric radius. 6. intersection Analvsis: An intersection analysis is required for all intersections within the ROt where the sum of the peak-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 ROI 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 res pective characteristics. 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 (FLUE) 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. Throuqh Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. !t may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadwav Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasing: When a project phasing schedule [$ 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 may be made a condition of any approval. Application For Public Hearing rOT PUD Rezone 6/1<l104 Agenda Item No, SA February 27,2007 Page S4 of 141 PUD REZONE APPLICATION SUBMITIAL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre-application meeting. GENERAL APPLICATION To be completed in full. PRE-APPLICATION MEETING NOTES Provide copies of notes taken at pre-application meeting ADDRESSI NG CH ECKLlST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403-2482, FAX (239) 659- 5724 PUD DOCUMENT Refer to LDC Section 10.02.13 for required information DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM as part of the submittal package. FEES Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. Application Fee ~ PUD Rezone = $10,000 + $25 per acre ~ PUD to PUD Rezone = $ 8,000 + $25 per acre Com pre he nsive Plann ing Consistency Review == $2,250 Legal AdvertisIng Fees ~ BCe = $363 ~ CCPC:::: $729 Fire Code Review == $150 EIS Review = $1,600 ENVIRONMENTAL lMPACT~H~TATEMENT (EIS) An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) J or a req uest for waiver if appropriate. Application For Public He<lring For PUD Rezone 6/14/04 Agenda Item No, '-SA February 27, 2007 Page 85 of 141 AERIAL PHOTO 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. Add itionafly, 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), ' BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted. signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of- way, and areas dedicated to the public. Survey shall be accompanied either by an Attorney's Opinion of Title. or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the su rveyor to allow the accurate depiction of the information on the survey. HISTORICAL & ARCHAEOLOGICAL SURVEY A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting) CONCEPTUAL SITE PLAN If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximu m 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 CepC]; · 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 requlred parking for the disabled], · required yards, open space and preserve areas) Application For Public Hearing For pun Rezone 6/14/04 Agenda Item No, SA February 27,2007 · proposed locations for utilities (as well as location of existing utility ~gqioes>f 141 to the site), · proposed and/or existing landscaping and buffering as may be required by the County OWNER/AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. ARCHITECTURAL RENDERING Architectural rendering of any proposed structures TRAFFIC IMPACT STATEMENT (TIS) Unless waived at the pre-application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer to attached TIS standards. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERMITS Copies of State and/or Federal permits POSTAL SERVICE LETTER OF NO OBJECTION Provide a copy of the letter notifying the U.s. Postal Service of the proposed project. The letter should be addressed to: Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 NEIGHBORHOOR INFORMATIONAL MEETING (NIM) Required per LDC Section 10.03.05 .E. Please see attachment for requirements. OTHER Any additional requirements 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. Application For Public Hearing For PUD Rezone 6fl4/04 CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Agenda Item No."'SA February 27,2007 Page 87 of 141 , Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees - -- BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION lS 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. NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.05.E Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the 'meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.02.12.C. Notification shall also be sent to property owners, condominium and CIVIC associations whose members are impacted by the:! proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No, SA b I d 'h' fl' I' , h C F~bruarY[I~3007 must e p ace Wit In a newspaper 0 genera clrcu atlon In t e ounr16~~l141 seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Coltier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant 1s expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Application For Public Hearing For PUD Rezone 6f14/04 " Agenda Item No~ SA February 27,2007 p",,,,,, p,o of 141 SUBMITIAL SUFFICIENCY CHECKLIST PUD REZONE or PUD TO PUD REZONE THIS COMPLETED CHECKLIST /5 TO BE SUBMITTED WITH APPL/CA nON PACKET No. of Copies reauired [2J 24* k8J 24* [:gj 24* k8Jl ~ 24 [g]1 f2J 2* C8Jl* ~4 ~ 5* [g]4 ~7 [g]4 04 [g]4 04 04 01 [g]1 1ZJ2 IZJ Check here if not Completed Application 0 Pre-Application Meeting Notes 0 Legible Conceptual Site Plan 24" X 36" 0 . Conceptual Site Plan 8 ~" X 11" 0 PUD Document and Master Plan D 24" x 36" Master Plan 0 Warranty Deed or Contract for Sale 0 Owner/Agent Affidavit. signed & notarized 0 Envlronmenta! Impact Statement or waiver 0 Aerial Photos with Habitat Areas Identified 0 Utility Provisions Statement with Sketches 0 Traffic Impact Statement or waiver 0 Historical Surveyor waiver 0 Architectural Rendering of Proposed Structures [g] BoundarySurvey, no more than 6 months old(24" x36") 0 Copies of State and/or Federal Permits [ZI Affordable Housing Density Bonus Agreement, if applicablel:8l Electronic Copy of PUD Document & Plans 0 Copy of Letter notifying the U.S. Postal Service of project 0 Addressing Checklist Required Fees .3 -)'-/'06 Date Application For Public Hearing For PUD Rezone 6114/04 Property Appra.isex'~ Parcel Iden1lficarion No, 00235320005 Agenda Item No, SA 2160712 OR: 2296 PG: 199{eb~~~~ i~ ~;~~; lIIaBD b omcw BmtIlI of CllWII COIIft, n. IJIU/n at U:1QI DmIr I, BlOC%, l:UJI sa tsmIl... Be m n." 1IllC-.1O mil." , , ' This lnstrUnle:lU was prepared by and Mr:r Recording Rc:turn 10: M&rk J. Prl{;C. Csqulrc ROETZEL &; ANDRESS A Legal Profcsslonlll Auociation 850 Pari: Shore Drive Napl~. Florida 341m (941) 549-{l200 lIQ: toar.D I mmJ !IS 10m CllWD JU) DJ:C:D Im.8 n 34m Infonmtion abo,,~ this line for r=rdintl data) SPEt.'IAL WARRANTY DEED THIS WARRANTY DEED, made the 7th day of March, 1997, by Westbury Propeni::s. loe,. n Ronda C;CTpOraUon, (.Gra:ntor"), to Sic's Invcstmc:tU COTJXIraUcm. a FiOTirh coI'pOTation, "QIhose post office add= is 6780 Airport Road. Ronda 34109 (.Granlee.): (Wherever used herein, the terms "Grantor' JUJd "Gr.anrec- inc1ude all parties to lbi$ instrutnent and the heirs, legal reprcscmartves md assigns of Individuals, and the su=ors and =igns of corporations) WITNESSETH: That the Gramor. for and In considenUioll of th~ sum of T~ lXlllars (SIO.OO) 3M other valuable considerations, receipt of which is hereby acknowledged. herclry ,grantt, bargains. sens, aH=. remlSCll. releases, convC)'''S and conflrrn.s UntO the Grantee, All that certain land situated ill Colller County, P1oOda. ~ ' SEE EXHlBIT "A' ATTACHED HERETO. MADE Al>ART HEREOF AND lNCORPORATEO HERElN BY THlS REFERENCE.. TOGETHER with aU the lenementS. heredlUlments and appurn:nances thereto be1ons: or in;mywise llppenainlng. TO HA va AND TO HOLD, the same in fee simple forcvr:r. AND, the Gnuuor ~ covenants willi s~c1 Gramee !hat the Gnmror is lawfully ~ of said land in. f~ timple~ that the Grantor hu g~ right and lawful authority to sell and convey said laM; th3l ~hc Grantor he~by warranu the tiUe to :;.aId land l!.tld will defend the same against ~ Ia'lVfW cWms or all persons claiming by, through or under Gramor; and mat said land is free of all c:rJCUmbranecs, e:xoept for,.easements, restrictions. and all other mattet$ of recore4 and talte$ and /l.SSeSSfll.ents fo~ 1996 and subsequent years. IN WITNESS WHEREOF, Gramor has signed and sealed these pre=m the day and y~ first above written. Signed. Sealed and Delivered as to Each Ormtor In the hes.cnce of: ' (!fl,t <trJ?~ WiU1CS.$ No. I gnatW'o Name Primed: ('AIlY~ 1Y14TJp,'tl:.-- /' '\........, P L{ "'^^ Wi~ No~ 2 SlgnAtur~ Name Prinred: .:r~'":U!'f PI! .....'1.... Weswury Properties. Inc.. 11 PlacidA cotpOnuion,,' /" By: :/~ l/l~~ ltSich.acl H. DeGroote, PrCSident PUDZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE ~". ~~,v .v. 4#J~ ,'/~Vl).<<" CJ,J.J'I~ ~OF];I' ,~ nw- bf-, } ss: COUNTY O'F.:f!I"I! Uwt ) t:.;!I,An' PI /' ~ <i I ~ 1Pc forc8oing f~ was acktIowlcdged before me this ~ day of .J./!!.fi:. 1997. by _ 'i1.tl,J ~k. . the '14"'~ '1- or W=stbury Propenies. me.. a Florida corporaUoll. on behalf of pjd corpomion. who H h personally known to me ~.{ 1 prod\1...:cI IL 5 jd~li:I1C8l~. I ./-t. Inw~ tJ^""~;4, (JJt J an, ~ N~ Public: in the~of~ aAIiI fli5 llar.w~~ou "...vi.>..... =. (SEAL) ~UB~/%~h. f24 39ll1'1.),1I.'l'$ Agenda Item No:- SA February 27,2007 \ Page 91 of 141 ~ Agenda Item No. SA ttt OR: 2296 PG: 2000 ff~~~~ 92{ ~t~~; LEGAL DESCRIPTION The Nonh 1/2 of the Sou.th 1/2 of the SW 1/4 of the SW 1/4 of Section 1. "Township 49 South. Range 25 East. Comer County. Florida, less the West 100 feet thereof, previously reserved for road rlghtoQf~way ~. EXHIBIT . A " Agenda Item No, SA February 27, 2007 Page 93 of 141 KING RICHARDS REZONING TRAFroCIMPACTSTATEMENT Project #06531 March 2, 2006 Prepared by: DA vrD PLUMMER & ASSOCIATES, INC. 1531 Hendry Street Fort Myers, Florida 33901 ' ~ l\genda Item No, SA February 27,2007 Page 94 of 141 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT Introduction The King Richards Property, hereafter referred to as the Project, is an existing amusement park (King Richards Fun Park) in Collier County, Florida. It is located on the east side of Airport~ Pulling Road, approximately 1.1 miles north of Pine Ridge Road, Exhibit 1. This report has been prepared to provide the Traffic Impact Statement (TIS) in support of the rezoning of the Project to residential. This traffic study has been prepared consistent with the Collier County Transportation Operations Development Review Department's Procedures and Guidelines for Traffic Impact Studies, dated revised November 2003. MethodoJo2:V Per Chapter 6 of Collier County's Procedures and Guidelines for Traffic Impact Studies, when a development generates traffic volumes in excess of 1,000 ADT (average daily trips) or 100 vehicles per hour/peak season, whichever is more restrictive, a fonnal/complete TIS is warranted. The proposed Project's trip generation is 76 trips in the PM peak hour and 818 on a daily basis. Therefore, the Project does not satisfy this warrant. However, a Methodology Outline report titled King Richards Rezoning Traffic Impact Statement Methodology Outline and dated February 1, 2006 was prepared and submitted to Collier County, outlining the traffic analyses that to be provided as part of the TIS (Appendix A). In addition, during the pre-application meeting, which was held' with the County Staff on February 15, 2006, the County Staff requested that a trip generation comparison of the existing amusement park and the proposed Project be included in the TIS. Development Parameters The Project site is an existing amusement park (King Richards Fun Park) of approximately 11.3 acres. The proposed residential Project will include 133 multifamily residential condominium units. The existing and proposed development parameters are summarized below. 1 @B Agenda Item No, 8A February 27, 2007 Page 95 of 141 Development Parameters Land Use ITE LUC(I) Size Existing/Approved Proposed ..Amusement Park Multifamily 480 230 11.3 acres 133 d.u. Footnotes: (I) Based on ITE Trin Generation. Seventh Edition, The anticipated buildout of the Project is the year 2009. Project Access The existing amusement park has direct access onto Airport-Pulling Road via a southbound to eastbound directional median opening, which also allows right-inJright-out movements. There is a separate southbound to eastbound left-tum lane and a separate northbound to eastbound right- tum lane. There will be no change in the access as part of the rezoning application. The proposed Project will continue to have access onto AirpOlt-PU1lillg Road at its existing location. Trip Generation The trip generation associated with the existing and proposed land uses was estimated based on the trip rates (equations) reported in the Institute of Transportation Engineers (ITE) report titled . Trip Generation, Seventh Edition. The complete rTE trip generation calculations are provided in Appendix B. The resultant trip generation estimates for the AM and PM peak hour and on a daily basis are summarized below for both the existing and the proposed uses. Trip Generation Estimates ~ Weekday (1) Multifamily (Proposed Use) Amusement Park (Existing/Approved Use) Difference 11 ~ 54 ~ 65 -1 PM Peak Hour In Out Total Daily 51 25 76 818 27 17 45 856 +24 +8 +31 -38 Land Use AM Peak Hour In Out Total +9 +54 +63 ~ (I) Based on ITE Trill Generation, Seventh Edition. 2 ~ Agenda Item No,.8A February 27,2007 , ,Page 96 of 141 As shown, the proposed Project will generate approximately 76 PM peak hour trips and 818 trip,s on a daily basis. The trip generation associated with the existing/approved amusement park represents a significant portion of the trips associated with the proposed Project. The existing/approved amusement park trip generation in the PM peak hour during the weekday represents approximately 60% of the proposed Project trip generation. However, the proposed Project generates approximately 38 fewer trips (approximately 5%) on a daily basis. In addition, the existing/approved amusement park generates significantly higher trips than the proposed use on a weekend basis. The trip generation estimates for the weekend, on a peak hour and daily basis, are summarized below for both the existing and the proposed uses. Trip Generation Estimates - Vleekend (I) Land Use Peak Hour In Out Total Daily Multifamily (Proposed Use) Amusement Park (Existing/Approved Use) Difference 44 124 -80 37 89 -52 81 213 -132 909 2.036, -1,127 ~ (1) Based on lTE Trip Generation, Seventh Edition, As shown above, the proposed Project generates approximately 132 fewer trips (approximately 260%) during the peak hour and 1,127 fewer trips (approximately 220%) on a daily oasis than the existing/approved amusement park, on a weekend basis. Trip Distribution and Assi211ment The distribution and assignment of the trips generated by Project were assigned to the adjacent roadway network based on the existing traffic counts, area-wide developments, proximity to the Interstate 75, previous traffic studies in the general study area and the anticipated trip distribution. The distribution of the Project trips lS provided m Exhibit 2 and the corresponding trip assigml1ent is provided in Exhibit 3. Roadwav SeemeD t Analyses As identified in the Methodology Outline report, the following roadway segments were analyzed under existing (2005) and the future (2009) traffic conditions. 3 ~ Agenda Item No, 8A February 27, 2007 Page 97 of 141 Roadway Segment From To Airport-Pulling Road Orange Blossom Road Project Entrance Project Entrance Naples Boulevard Existing (2005) Traffic Conditions Existing (2005) traffic conditions for the roadway segments understudy are presented in Exhibit 4. The existing traffic volumes were obtained from the most recent Collier County Concurrency Segments spread sheet (January 2006). Those volumes include the additional approved trips (Trip Bank). As shown in Exhibit 4, the study area roadway segments operate at LOS "C", better than the County adopted minimum LOS standard. Future (2009) Traffic Conditions The existing traffic volumes were projected to future year (2009) based on the historic traffic counts from the Collier County 2004 Average Daily Traffic report, ApIil 2005. The future (2009) traffic conditions are presented in Exhibit 5. The historic growth rate was applied to the existing Concurrency Volumes, including the Trip Bank, to derive the future background traffic volumes, Since some of the future development (The Trip Bank) is already included in the existing Concurrency Volumes, DPA believes that applying the growth rate to the, Concurrency Volumes rcsults in an over estimate of the future traffic volumes. However, no adjustments were made to reduce the background traffic. The peak hour, peak direction Project trips (Exhibit 4) were added to the projected future . background trafficyolumes to derive the total future (2009) traffic volumes, Exhibit 5. As shown in Exhibit 5, the roadway segments under study operate better than the County adopted minimum LOS standard, coincident with the buildout of the Project. SI gnificant Impact Collier County's significant impact on roadway segments is defined as the Project traffic meeting or exceeding the 3% ~ 3% - 5% thresholds of the Collier County's adopted Level of Service (LOS) standard service volume. This refers to 3% on the immediate link to which the Project has access, 3% on the next link in each direction and 5% on all other links. 4 M Agenda Item No,.SA February 27, 2007 Page 9S of 141 As shown in Exhibit 5, the Project traffic represents less than one (1) percent of the County adopted LOS standard service volume, Therefore, the Project does not have a significant impact on any of the roadway segments under study. Intersection Analysis Intersection tuming movement counts were conducted at the Airport-Pulling Road/Project Entrance on February 22. 2006, Appendix C. Turning movement percentages from the existing traffic counts, Project trip assigmnent and the future (2009) segment volumes were used to derive the future intersection turning volumes, coincident with the Project buildout, Exhibit 6. Intersection capacity analysis was performed consistent with the 2000 Highway Capacity Manual (HCM)lHighway Capacity Software (HCS) methodologies. However, RCS analysis for unsignalized intersections is limited to 2-lanes per leg. Airport-Pulling Road is a six-lane divided roadway. Therefore, Intersection Capacity Utilization (ICU) from Synchro 6 was used in establishing the intersection LOS. An acceptable lCU level of service insures that the HCM level of service is met. The capacity analysis for the Project Entrance onto Airport-Pulling Road is summarized below. ' Intersection Capacity Analysis (I) Intersection Peak Hour LOS Airport-Pulling Road/Project Entrance C , Footnotes: (1) Based Synchro Imlerseclion Capacity Utilizalion (leU) report (please see Appendix D), As shown ahove, the Airport-Pulling Road/Project Entrance intersection operates at or better than the County adopted minimum LOS standard. Synchro's ICU report is provided as part of Appendix D. Conclusions The conclusions from the traffic study are summarized below. . The proposed Project generates less than 100 peak hour trips and less than 1,000 daily trips. Therefore, per the Collier County's Procedures and Guidelines for Traffic Impact Studies, no formal/complete Traffic Impact Statement is warranted. . The proposed Project will generate approximately 76 PM peak hour trips and 818 trips on a daily basis. 5 ~ Agenda Item No, SA February 27, 2007 Page 99 of 141 . The existing/approved amusement park trip generation during the weekday PM peak hour represents approximately 60% of the proposed Project's trip generation. However, the proposed Project generates approximately 38 fewer trips (approximately 5%) on a daily basis than the existing/approved amusement park. . The existing/approved amusement park generates significantly higher trips than the proposed use on a weekend basis. The proposed Project generates approximately 132 fewer trips (approximately 260%) during the peak hour and 1,127 fewer trips (approximately 220%) on a daily basis than the existing/approved amusement park, on a weekend basis. . Project traffic represents less than one (1) 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. . Airport-Pulling Road, in the vicinity of the Project, is anticipated to operate at or better than the County adopted minimum LOS standard) coincident with the buildout of the Proj ect. . The Airport-Pulling Road/Project Entrance intersection is anticipated to operate at or better than the County adopted minimum LOS standard, coincident with the buildout of the Project. 6 ~ Agenda Item No, 8A February 27, 2007 ~age I .:".r<t~~ . ' ,(" 'Y;.~'lff,,~ .. ~:fi~~~:-" '~l, -":';;~"C}\'l,: I \l,,~~"t'~<;" T ' ~ltl";L'~ "~t.:--":'7>~" ,.ilitj-:~~~,~r ;,;f','- ": '~'-".\ l';~' '~~~_ '<' (t~~j,g,,,7 ~~\rJl~~~~~,:'"JC,)(.1;'-::~iit':':!':~:::-r" l~<l1:\~ J:t~lr~ ::'.J~'\ ('1"" ~'~:\~}-. .Xl/I. 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Webalte. 06531/0"'1'0206 @E3 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT PROJECT LOCATION MAP @E3 i 0 /Iti I <( N.r.s, 0 0::: C) Z -.J -.J :::J 0.. I I- 0::: 0 Cl. ,-.,. 0::: ~ <( 0 <0 ........ '-' ~ ~ 0 0 0 'V .- .......... ,-.,. ~L ~ 0 1(100%) <D (1 00%) .......... PROJECT ~I 100% ENTRANCE KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT ,-.,. ~ ~ o 0 t.O t.O .......... PROJECT TRIP ASSIGNMENT LEGEN D XX% - Inbound (XX%) , - Outbound 06531/0'lAj0206 2 ~ '""' It) t') '--" to t') o <{ o 0:::. (!) z :J .-J ::::::l 0... I t- o:::. o 0... 0:= <{ il Agenda Item No.> 8A ~, ,'17 007 Page 102 of ~ t """ J N.r.s. .-.. L{) ~L ..- '--' 154(25) "" 54(25 ) n PROJECT 1~1 11 (51 ) ENTRANCE KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT '""' L() ..--.. ..- f'0 '--' r--. ..-- '--' N t') In Out Total PROJECT TRIP ASSIGNMENT PROJECT TRIPS AM Peak 11 56 65 PM Peak (51 ) @L (76) 06531/03A!0206 3 <t:1'--..- ,.roo'<:t 8 0..- '\1__ 0 -0 ~ ('-. 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J [D ~ '" '" 11 s:! t. ~ N .. ~ ';!; - '" 't> " UJ W . 0 ~ S en " g 1 'I I: II .; i ~ ~ i ~ lil iii ~ ~ ~ I :i 1: ... : , l t 1 " " II ... ~ ~ ~ < 1 ~ ~ i >= ~ ~ II to J! H c ~ ;; ~ ~ ~ " .!l .; ~ 'l! ~ .!! I t N ,[ I. ~ ! i ~ i 0 . Cl. ~ " I- 0 " " " " ~ ~ f ~ ~ ri ~ II . ~ I v I I iI III 0 I, " ~ ~ ~ 'Il i. E z " " Sit:!,; ~ ~ II !12 ~ 2 Ii j '" ... l- 0 t- ~ i ~ t ! \!l (J U II !: !:l ll! u.. 0 " ~ j ; ~" ~ " 1 v B en ~ " ~ I & I " i 'l! ~ ,!; , i I . l!l I ~ ~ I J j ! Q - ~ I ! Cl: g . I :! c> a:: it~~~~:i U) ~~ J t: !:! w 0 ?( II II r !l ~ II !; Cl: Cl: ::: :: H " e Cl ::l :.: " llli II ! j ~ :r: ~ ~ ~ ~ .. U ~ di :i rI :l: 1 ~ :.: ll. ~ c: I! - - - - . .. :::. g ~ ~ @: te- I ~ ~ ~L g~ ~ ~ ~I~I 300 40 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT o ..... o N Cl <:( o n:::: o z :J .-l ::::) Cl... I ~ o Cl... n:::: <C ..... ..- CO N 125 25 51 ~I ,.... I"") 0) N Agenda Item No, 8A February 2}, ?007 ~ I N.r... PROJECT ENTRANCE 06531j04Aj0306 FUTURE (2009) PEAK HOUR TRAFFIC VOLUMES 6 Agenda Item No..8A February 27,2007 Page 106 of 141 APPENDIX A METHODOLOGY REPORT @a Agenda Item No. 8A February 27, 2007 Page107of141 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT Project #06531 February 1, 2006 . Prepared by: DAVID PLUMMER & ASSOCIATES, INC. 1531 Hendry Street Fort Myers, Florida 33901 ~ Agenda Item No: 8A February 27,2007 Page 108 of 141 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT METHODOLOGY OUTLINE . Introduction The King Richards Property, hereafter referred to as the Project, is an existing amusement park (King Richards Fun Park) of approximately 11.3 acres. It is located on the east side of Airport- Pulling Road, approximately 1.1 miles north of Pine Ridge Road in Collier County, Exhibit 1. This report has been prepared to outline the methodology for preparing the Traffic Impact Statement (TIS) in support oftbe rezoning of the Project to residential. The traffic study will be prepared consistent with the Collier County Transportation Operations Development Review Department's Procedures and Guidelines for Traffic Impact Studies dated revised November 2003. Development Parameters Tbe Proj eet site is an existing amusement park (King Richard Fun Park) of approximately 11.3 acres. The proposed residential Project will include 133 multifamily residential condominium units. Development Parameters Land Use ITE LUC(l) Size Multifamily 230 133 d.u. Footnotes; (1) Based on ITE Trip Generation, Seventh Edition. The anticipated buildout of the Proj ect is year 2009. Proiect Access The existing Fun Park has direct access onto Airport-Pulling Road via a southbound to eastbound directional median opening, which also allows right-inJright-out movements. There is a separate southbound to eastbound left-turn lane and a separate northbound to eastbound right-turn Jane. There will be no change in the access and the proposed Project is expected to utilize the existing access. 1 @ea] Agenda Item No. SA February 27, 2007 Page109of141 Methodolo2V The traffic study will be prepared consistent with the Collier County Transportation Operations Development Review Department's Procedures and Guidelines for Traffic Impact Studies dated revised November 2003. Per Chapter 6 of that document, when a development generates traffic volumes in excess of 1)000 ADT (average daily trips) or 100 vehicles per hour/peak season, whichever is more restrictive, a formal/complete TIS is warranted. The proposed Project's trip generation is 76 trips in the PM peak hour and 818 on a daily basis. Therefore, the Project does not satisfy this warrant. However, the following information will be provided in the' TIS. Trip Generation The trip generation for the proposed Project will be estimated based on the ITE Trip Generation, Seventh Edition, for the PM peak hour and on a daily basis. The estimated Project trips will be assigned to the adjacent roadway network based on the anticipated trip distribution. Roadway Segment Analysis The TIS will analyze the roadway conditions for existing (2005) conditions and the future (2009) conditions at Project buildout. The analysis will include the following roadway segments. Roadwav Segment From To Airport-Pulling Road Orange Blossom Road Project Entrance. Project Entrance Naples Boulevard The list of roadway segments under study may be expanded based on the significant impact criteria. Significant impact will be based on the Project traffic meeting or exceeding the 3% . 3% - 5% thresholds of the Collier ,County's adopted Level of S~rvice (LOS) standard service volume. This refers to 3% on the immediate link to which the Project has access, 3% on the next link in each direction and 5% on all other links. lntersection Analysis The TIS will analyze the future (2009) PM peak hour conditions for the following intersections. - Airport-Pulling RoadfProject Entrance 2 @E] Agenda Item No."SA February 27,2007 Page 110 of 141 The Collier County traffic count report, AUIR volumes, concurrency volumes and service volumes will be used in analyzing the roadway segments and intersections. Report .The TIS will be presented In a report form. All traffic counts and calculations will be documented. 3 ~ Agenda Item No. 8A February 27, 2007 ( ~ I N.T.B, SOURCE: Collier County Property Apprar.,r', W,b,lt.. @E3 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT PROJECT LOCATION MAP 06531/01A/0206 Agenda Item No. 8A February 27, 2007 Page 112of141 APPENDIX B ITE TRIP GENERATION. SEVENTH EDITION @B Summary of Trip Generation Calculation For 11.3 Acres of Amusement Park February 21, 2006 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 75.76 0.00 1.00 856 7-9 AM Peak Hour Enter 0.18 0.00 1. 00 2 7-9 AM Peak Hour Exit 0.03 0.00 1. 00 0 7-9 AM Peak Hour Total 0.21 0.00 1. 00 2 4-6 PM Peak Hour Enter 2.41 0.00 1.00 27 4-6 PM Peak Hour Exit 1. 54 0.00 1. 00 17 4-6 PM Peak Hour Total 3.95 0.00 1. 00 45 Saturday 2-Way Volume 180.20 0.00 1. 00 2036 Saturday Peak Hour Enter 10.94 0.00 1.00 124 Saturday Peak Hour Exit 7.92 0.00 1. 00 89 Saturday Peak Hour Total 18.86 0.00 1. 00 213 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Agenda Item No. 8A February 27, 2007 Page113of141 Summary of Trip Generation Calculation For 133 Dwelling Units of Residential Condominium / Townhouse February 21, 2006 Avg. Weekday 2-Way Volume 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6.PM Peak Hour Exit 4-6 PM Peak Hour Total Saturday 2-Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total Average Rate Standard Deviation Driveway Volume Adjustment Factor 6.15 0.00 1.00 0.08 0.40 0.49 0.00 0.00 0.00 1.00 1.00 1. 00 1. 00 1. 00 1. 00 0.38 0.19 0.57 0.00 0.00 0.00 6.84 0.00 1. 00 0.33 0.28 0.61 0.00 0.00 0.00 1. 00 1. 00 1. 00 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2-Way Volume: Sat. Pk Hr. Total: Sun. 2-Way Volume: Sun. Pk Hr. Total: LN(T) LN(T) R"2 = LN(T) R"2 = LN(T) = R^2 T = R^2 T = T = R"2 T = T = R"2 .B5LN(X) + 2.55, R^2 . 8 LN (X) + . 2 6 0.76, 0.17 Enter, 0.83 Exit . 82LN (X) + .32 O.B, 0.67 Enter, 0.33 Exit .8 2LN (X) + .17 0.8, 0.18 Enter, 0.82 Exit .34(X) + 38.31 0.83, 0.64 Enter, 0.36 Exit 3.62(X) + 427.93, R"2 0.84 .29{X) + 42.63 0.84, 0.54 Enter, 0.46 Exit 3.13(X) + 357.26, R^2 = 0.B8 .23(X) + 50.01 0.78 0.49 Enter, 0.51 Exit 0.83 818 11 54 65 51 25 76 909 44 37 81 Source: Institute of Transportation Engineers ~rip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Agenda Item No.- 8A February 27, 2007 Page114of141 APPENDIX C INTERSECTION TURNING MOVEMENT COUNTS Agenda Item No. SA February 27,2007 Page115of141 @E). } u:: ~ C"') I.() (0 a =1:1: .c o ..., TRAFFIC COUNT ADJUSTMENT FACTORS Project name: King Richard's Rezoning Job number: 06531 Count location: Airport-Pulling Road @ King Richards Entrance County: COLLIER City: NAPLES Date: 2/22/06 Day of week: Wednesday COLLIER COUNTY ADJUSTMENT FACTOR Traffic count report: 2004 Countywide Factor: Countywide Week of count MDT: 0.85 AADT to peak season 0.88 Factor = 1 X 0.93 + 0.88 = 0.97. Agenda Item No. 8A February 27, 2007 Page 116 of 141 DAVID PLUMMER & ASSOCIATES SUMMARY OF VEHICLE MOVEMENTS Agenda Item No. 8A February 27, 2007 Page 117 of 141 LOCATION' Airport Pulling Road @ King Richards Entrance CITY' NAPLES . COUNTY: COLLIER DATE: 2/22/06 WEATHER: GOOD ROAD CONDITION GOOD TIME NORTHBOUND SOUTH80UND EASTBOU ND WESTBOUND BEGIN END L T R Total L T R Total L T R Total L T R Total 07:00 AM 07:15 AM 5 192 0 197 18 583 2 603 0 0 43 43 0 0 0 0 07:15AM 07:30 AM 16 263 0 279 2 515 0 517 0 0 55 55 0 0 1 1 07:30 AM 07:45 AM 11 275 0 286 5 441 2 448 0 0 53 53 0 0 0 0 07:45 AM 08:00 AM 20 305 3 328 2 561 5 568 0 0 47 47 0 0 1 1 08:00 AM 08:15 AM 17 309 0 326 4 462 6 472 0 0 33 33 0 0 0 0 08: 15 AM 08:30 AM 20 341 1 362 8 415 1 424 0 0 25 25 0 0 0 0 08: 30 AM 08:45 AM 18 315 0 333 101 435 3 448 0 0 19 19 0 0 0 0 08:45 AM 09:00 AM 17 303 0 320 61 447 2 455 0 0 22 22 0 0 0 0 09:00 AM 09: 15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:15AM 09:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:30 AM 09:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:45 AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:00 AM 10:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10: 1 5 AM 10:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:30 AM 10:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:45 AM 11 : 00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 ;00 AM 11 :15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 1 UO AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ....11 :30 AM 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:45AM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 01:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :00 PM 01:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01:15PM 01:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :30 PM 01 :45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I 01:45 PM 02:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:00 PM 02:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:15 PM 02:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:30 PM 02:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:45 PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 PM 03:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:15 PM 03:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:30 PM 03:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:45 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04:00 PM 04:15 PM 26 434 0 460 11 314 25 350 0 0 10 10 0 0 1 1 04:15 PM 04:30 PM 29 456 0 485 15 309 34 358 0 0 8 8 0 0 0 0 04:3Q PM 04:45 PM 21 515 1 537 16 332 51 399 0 0 5 5 0 0 0 0 04:45 PM 05:00 PM 33 546 0 579 12 313 46 371 0 0 12 12 0 0 0 0 05:00 PM 05:15 PM 36 486 0 522 10 305 48 363 0 0 9 9 0 0 0 0 05:15 PM 05:30 PM 31 463 2 496 15 286 37 338 0 0 7 7 0 0 1 1 05:30 PM 05:45 PM 28 458 0 486 9 274 31 314 0 0 6 6 0 0 1 1 05:45 PM 06:00 PM 24 443 0 467 8 234 27 269 0 0 11 11 Q 0 0 0 -~ DAVID PLUMMER & ASSOCIATES HOURLY SUMMARY OF VEHICLE MOVEMENTS Agenda Item No. SA February 27,2007 Page 118 of 141 )CA TI ON: OUNTY : Airport-Pulling Road @ King Richards Entrance COLLIER CITY: DATE: NAPLES TIME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND =GIN END L T R Total L T R Total L T R Total L T R Total ':00 AM OB:OO AM 52 1035 3 1090 27 2100 9 2136 0 0 198 198 0 0 2 2 1:00AM 09:00 AM 72 1268 1 1341 28 1759 12 1799 0 0 99 99 0 0 0 0 1:00AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l:ODAM 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :DOAM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 !:DD PM 01 :00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :00 PM 02: DO PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~:OD PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:00 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 .:00 PM 05:00 PM 109 1951 1 2061 54 1268 156 1478 0 0 35 35 0 0 1 1 ;:00 PM 06:00 PM 119 1850 2 1971 42 1099 143 1284 0 0 33 33 0 0 2 2 DAVID PLUMMER & ASSOCIATES PEAK HOUR CALCULATIONS PEAK HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND :GIN END L T R Total L T R Total L T R Total L T R Total 11 PEAK :00 AM I 08:00 AM 52 1035 3 1090 27 2100 9 2136 0 0 198 198 0 0 2 2 AK HOUR FACTOR 0.83 0.89 0.90 0,50 DDAY PEAK :00 AM r 12:00 AM #N/A 0 0 o ### 0 0 o #N/A 0 0 o #N/A 0 0 0 AK HOUR FACTOR 0.00 0.00 0.00 0.00 , PEAK :15 PM '05:15 PM 119 2003 1 2123 53 1259 179 1491 0 0 34 34 0 0 0 0 AK HOUR FACTOR 0,92 0,93 0,71 #N/A ~. leA nON: ICOUNTY : AM Peak Hour PM Peak Hour 54 ... TRUCK % NB = 7 % SB= 9 %. EB = 0 % WB= 0 % FDOT/DPA RAW TURNING MOVEMENT DIAGRAM Airport-Pulling Road @ King Richards Entrance COLLIER CITY: DATE: t .- 61 2136 9 2100 27 1037 ~ + L. ~~ L 2 198 0 0 2 ---. +- 198 0 .. I ~ .r t -.. 52 1035 3 30 --- 2298 1090 + o o 0 o Agenda Item No. 8A February 27, 2007 Page 119 of 141 NAPLES #### t N TRUCK % NB= 12 % SB= 4 % EB= 0 % ws= 0 % N FDOT/DPA ADJUSTED TURNING MOVMEMENT DIAGRAM Agenda Item No.,8A February 27,2007 Page 120 of 141 :)CATION: OUNTY : Airport-Pulling Road @ King Richards Entrance COLLIER ADJUSTMENT FACTOR: 0,97 REPORT: 2004 COUNTYWIDE .M Peak Hour - Adjusted 67% t 2063 1002 ..- 59 9 2028 26 33% --- 24% ..-J + L.- a --1 L 2 76% 191 0 ~ ~ 0 -- 191 ~ r 0 J10t I 3 29 --- 94% 68% 2219 1053 + 32% t N 2 6% ~ M Peak Hour - Adjusted t t 43% 1440 173 1216 51 1935 .- 288 57% N 90% ~ ~ ~ o-.t 10% 33 0 --~ 33 -. L o o 0% o o +- t 1ir 115 1935 1 52 #### ~ 38% 1249 2051 ~ 62% Agenda Item No. 8A February 27,2007 Page 121 of 141 ~ APPENDIX D INTERSECTION CAPACITY ANALYSIS ., ~ I ntersection Capacity Utilization ~ Agenda Item No. '8A February 27,2007 Page 122 of 141 Baseline Timing Plan: Defa~lt - -+ "'y f' +- '- ~ t I" lj. '. + . .~~. ". "~. .... .., "l;I,..'f ".+ .'" "."". ' ."'. ."+.'.' "'.... .m..H.w'...... ._n.' .-.. ..... -....._~~. ...---. rr->...--..-.--..."..' nm-; pt.!!::. '. '-'... 'HI1Y.i.~.-i.'fr-;. .~... .."....;CO'.s. ..'IS.""""-..-- -.n.ir....".... ..m. '...w... .."".., . N'lOyemeli~:~~-;](-l;:::'~:;1~~,};dr~;\I~.:EBC:tt\l~.E~;:vX~\'.E8.R~!W.~6t;;1&;:VVaT!-.~..v.....cr:;,,~,~;~fN c~ii;,~;;.l~ciJ.~~:,r~ cnj';~'Sa.IJ,;i;j~1:SB ~~:w']Stl.. Lane Configurations '(I. '(l ~ +tt ~ ~ ttt Volume (vph) 0<:..< 4'0~' · f O::~ d"; 25 .120'. 27~~, ~~. '~p:jY 29.>. H'BO Pedestrians Ped Button Pedestrian Timing (5) Free Right . ? ~.' No', No Nd Ideal Flow 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lost Time {s)4.0:.. 4.Q:.4,O.,d4.O: 4.0. 4.0 Ao. 4.0 4.0 4,0' 4.0 4..0 Minimum Green (5) 4.0 4.0 4.0 4.0 4.0 4.0 4,0 4,0 4,0 4.0 4.0 4.0 Refr Cycie Length (s)'.120:'~: '->.; ~;::t::': . .... , .;~\~ ' ;'.. . ;::n Volume Combined (vph) 0 0 40 0 0 25 120 2786 31 0 70 1760 Lane Utilization Factor 1 Jbcf';; 1:00 ):{1rbO <~1.00;\t.oo .;..,1,00' 1..00" 0,91" . 1.00 1.00: i.pO 0.,91 Turning Factor (vph) 0.95 1.00 0.85 0,95 1.00 0.85 0.95 1.00 0.85 0,95 0.95 1.00 Saturated Flow {vph)':q~:W~. 0'. O,.t~.1~F. f Q :W515; 18050. 5:.176. 1615 ,: 0 f~;~o'5 ~F6 Ped Intf Time (5) . .'0.0 . . 0,0 0.0 0,0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 Pedestrian FrequencY (%)\!,::{:.O.OO -}:\,:::'.;:';':,~t;,';?b.oo:::>)~') ') \, Cl.od 'i:;';t. i~~~~' 0.00 Protected Option Allowed Yes Yes Yes Yes Reference Time (s). · ".T~:0~;':'~p.O.'::;;i..~JJ;;L'!49.0; ::,:J. O.O.~.:J.9,/:>:.. 8.0,y. ~4.q: i;;i~~?;3:~F;~,;'::b,o\kl;j~.4. 7. :t'AO.8 Adj Reference Time (s) 0.0 0,0 8.0 0.0 0.0 8.0 12,0 68.6 8.0 0.0 8.7 44,8 Permi~ted Option i'J , ::,:-,;l~H"t)':3::,;t/.,:~(!;. :~...:',:<:;');::;; i ,,' .tJ/.~{(.'::;i~~)il~.... ~f!'" . t, . . .. Adj Saturation A (vph) 0 0 0 0 120 1725 0 120 1725 Reference Time A (sy. ::3(.'O'-0:;,>[.0.O);;;;:.'.;~~:~i::;;';9.o.-~ 9:..0 . 9.?;._.'64.6. d\~j:;~~~i,:.Q:o .E?~.8 ::40,~ Adj Saturation B (vph'" '0'. .., 0 0 0 NA NA NA NA NA Reference Time 13 (sr~::,}:rp:o;7;\.().o " '0.0",'-;3\. ,.NA,' ; NA .;:'2J~~j~:.~~ H& 1:?( NA Reference Time (s) 0.0 0.0 119.7 69,8 Ad] Reference Time (sF::U::;;:';'!.T'~ 8.0:~\.::.:':> >:<'~.', ~',F 8.0.. <:,~<,;j\;'<:;~:(";: 123.7. :',rf;(~:;\;J:';K~~'.. <..\S~; .,;:0;;:73:8 Split Option Ref Time Combfned (sli'/j:;'P.oo/;;L:o.(),; Ref Time Seperate (s) 0.0 0.0 . Reference Tlme (s). :'f;~o,O;;;:~;;,O,Q Adj Reference Time (s) 0.0 0.0 _ O:O'j~;';~:p.0._:','0'tf,>:.:B.O~':; .p4.a .. 0.0 0.0 8.0 64.6 :z-:;Id,:O,O O. OJ~~~Y;~~iJ~.~~64, e:;~t .64. ~ 0,0 0.0 68.6 68.6 ,0',0. :S:~";~'.7r40,.8 3.3 1.3 40.8 :;.:,~40.8 40.8 .040.8 ,;~-.: .. . '. "', ,..-. 44.8 44.8 44.8 Protected Option (s) permitted Option (s): Split Option (s) Minimum (s) 0.0 :~) 8.0 0.0 , 0,0 77.2 123,7 113.4 77.2. .' 71,2 . Adj Reference Time (s) .. .. 8.0 8,0 Cross Thru Ref Time (5) 44.8 77.2 Oncoming Left R.~fTrme(~FL:;:':!"::~; G.O . 0.0 Combined (5) 52.8 85.2 8.0 17.4 0.0 0.0 8,7 12.0 "" .:1' . ~~!: '16.7 29.4 rnfe)::$eCtlorr;~U'ffimaiYiH~s.:~1~~!~f\tli;.~;tf;'trg~,iiiE;~Mg(:*~?r,1~~;\~~;~r~~,;~~~~~t-'&~\o]ft:;:i~'i1.~~J~~~1Sj;iiff,iF~?~ft~!;i~t$.i,}~311;~SfJ;.~ft~j~I~j~!!'t::i Intersection Capacity Utilization 71.0% leU Level of Service C Reference Times and Phasing Options do not represent an optimized timing plan, David Plummer & Associates 3/1/2006 Page 1 Agenda Item No. 8A February 27,2007 Page 123of141 Baseline Timing Plan: Default -Intersection Capacity Utilization .,,; L"~Configurations VoliJme.(vph}. :. . .:' Pedestrians Pad, Button. .. Pedestrian Timing (s) Free Right . Ideal Flow Lost Time (s) Minimum Green (5) Refr CyCle Length (5) Volume Combined (vph) 180 Lane Utilizatlc;)r'\Factor .'. tob' Turning Factor (vph) 0.85 Erat~.rated F'o'f; (vp-h)~ .' "1 ~ ~ 5 "~!\tf ~~~\~~;iI~~:r:::~"~ F~lk':~:,:)' ':~~U;~:~~t~~[,;:~~t(tt~~~:~~:\~!:~f3~\;:,'; ~.'~~~i~~~,~f~~" :-.:(~~ Ped Intf Time (s) 0.0 Pedestrian Frequency (%'r'<'; Protected Option Allowed ~e.fere[lce Time (5) .' Ad] Reference Time (5) permitted Option Adj Saturation A (vph) Reference rifne A (s) Adj Saturation B (vph l- .-~eference.Tlrrie B (s) Reference Time (5) Ad] Reference Time ~sf.OC . Split Option .RefTime Separate (S)..,.... '.'. /...... ..n...'" .N,. . .W.. u....,. -". . ...." ..,. ~efererice Time "( s)" :-~'\/~~'~~'~~:fu~~\~;~11ji~r~:'~~l~r [if~t~1f~t:t:!;',~~~~~~~: Adj Reference Time ." :180 .' :....". \,!. .'.;~. ~;1 ::~~pr~~}.' N'o' 1900 " 4.0'~.'. 4.0 . . ,.~. ~~:~I .?1.' .. }~: I.. :. ",~~ti:r:;~'i., .';f ~:'~' )~~(',';;-:::;,!', <':~/~~~;~ ~~~~:'ig:G~~!~,~~~'~~'~~:~:.\~ ,~...", . '".'. .,;:':--. ",':~ . ; _~'.lo.; '. . ':' '. ;'~"~":r' -" ,~ '. ..-fJt';f~J~~~~~f~~r.~~~t~; , :~~f,!~t~~~~~:'FH~~: (a;("')~~~{'f.~::~t~[f:;~~~~~9.~~~.:~:..~f'~,?y~~~~<v:(~Z::*~J.~!?{.r:.~~~\::;:,:,;, ~:'.'~'~~ e:. {~.;~~:~?\~~~: ?:'~~;~~~(1~;~<' ..~~~~.. ;'.- .;~~#~~~~~. ~ttt~~',:~ : ",'.. 1 ~ ,4:, ~~1~~~~.:~~~,{]~~1t:~~~\{~~~f1t~{;: ~~~~i'~ ~~~t~t;.;:.~il.~:.~tt"~:I;,:;,~~,~~'i}X~W~~:i, ':"l~ ~ :'~:; ~ .~~~~~~t~~5~~f . 17.4 ~.' 'c; J' .\.' ':". ~~; . ./..~.:~ !y", '"y'. P;:~~~~!f~f.~~"r';;~~.';"f~;~:~xl~' ~i~~(:~~~f~'.~;~ ;. .fJ7.:~;: ~"~;;~jij~~i~ '~'.~A~~;~f:~f.~.;~:~~ .~;:~~lf )d~tt~~:'.:~,A '.: .'~~~~'~!.~< '. ',~ ,{f~::.~ . . f. . -, : It:~y :: .: ~~~.I~t~~1:~1(~~~::f;~ ~Flt.%i~~ft~:'.);~[~~rj~';~~.:~~~~~:~~6~,~.I.kf]t; !-~~d~;~::~'~~~~~'~?~I~i~t)~~?~:~~J . ~~~{li'. . . .,:":.; '~~~?i 'j' igfi1~.i~: .' ;~:\::;:v;~ i7~? ~~:(~~\~t3-' ..'~:!i~?:~~:~\'!: ':;', ',E'~f;~~~~:I(Yff~~~7"}~~/:'~,~~':.::'. ,"~ : :.:~~~:..-: ;.\~:'~/:~~:\~'~:~\ ...:~::?I,;.~wrr!~ ~ ',,~.; i:: ':'~"?}::'; ~:;':."g~~~'~~t~.,.~. ;':;".~ '''v '!;<Y. r:t':__l David Plummer & Associates 3/1/2006 Page 2 Agenda Item No. SA February 27, 2007 Page 124 of 141 ^ .r " .. Agenda Item No. 8A February 27, 2007 Page 125 of 141 PUDZ-A-2006-AR-9403 PROJECT #19990948 DA TE: 3/28/06 MELISSA ZONE COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V. Bellows, Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: King Richard's RPUD LOCATION:(Common Description) 6780 Airport-Pulling Road N. Located North of Pine Ridge Road, South of Vanderbilt Road on the East Side of Air- Port Pulling Road. SUMMARY OF W AlVER REQUEST: We would like to request a historical waiver for the property identified by Folio No. 0023532005. This site has been previously cleared and is currently developed as an amusement park. (Properties located within an area 0 f Historica 1 and Archaeological Probability but wi th a low potential for historical/archaeological sites may petition the Community DevelQpment & Envlronmelltal Services Administrator or bis designee to waive {he 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 ihe area has low potential for historic.aJ/archaeologicaI sites,) H i '~!.ll'l~-. POl r:.O:;I.1'~- ~I! i.~,"!I~F",'I\ n',~;.- ! 1 . ~()':f j.l. .. Agenda Item No. 8A February 27,2007 Page 126 of 141 , SECTION 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.): Toll Brothers, Inc. (Contract Purchaser) Mailing Address: 28341 S. Tamiami TraiL Suite 4, Bonita Springs, FL 34134 Phone: (239) 949-2304 FAX: (239) 949-2292 B. Name ofagent(s) for applicant, if any: Walter Fluegel, AICP, Heidt & Associates, Inc. Mailing Address: 3800 Colonial Blvd. Pt. Myers, FL 33912 Phone: (239 ) 482-7275 FAX: ( 239) 482-2103 C. Name of agent(s) for applicant, if any: Richard Yovanovich - Goodlette, Coleman & Jolmson, PA. Mailing Address: 4001 Tamiami Trail N, Suite 300 Naples, FL 34103 Phone: (239 ) 482-7275 FAX: (239) 482-2103 D. Name ofowner(s) of property: Bre's Investment Corporation Mailing Address: 6780 N. Airport Road. Naples, FL 34109 Phone: ( ) FAX: Hi.:.tcHI(' !,>1'~''',,-1';1[11'~Il'Fll' !"~;;,': 1. ~_iJ:'~!--.;. 2 Agenda Item No. 8A February 27,2007 Page 127 of 141 Note: lfl1arnes in answers to A and/or B are different thanl1ame in C, notarized letter(s) of authorization from property owner (C) mLlst be attached. SECTION T'VO: SUBJECT PROPERTY DATA (Aitach copy of the plat book page (obtainable from Clerk's Office at tbe original scale) with subject property dearJy marked.) 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: NA Plat Book NA Page NA Unit NA Block NA Lot NA~ Section 01 Township 49 Range 25 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 tbe right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. B. Property dimensions: Area: _495,486.35 square feet, or 11.34 acres Width along roadway: 394.77' Depth: 1352.56' C. Present use of property: Amusement Park D. Present zoning classification: POO Plincess Park Hi,;",v'H't-:'l}"'-''-'.:f,,~'[i~.;: J.-.;-:-~,. !'.:.l).~q 3 Agenda Item No. 8A February 27, 2007 Page 128 of 141 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 tbe site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator rnay seck 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. 1. Interpretation of Aerial Developed Site - King Richard's Fun Park 2. Historical Land Use Description: Amusement Park, less than 20 Years old and of no historic genre. 3. Land, cover, formation and vegetation description: The subject site has been developed, improved and cleared; cunently there is no existing native vegetation on site. 4. Other: The subject property is presently developed as an amusement park and as such is a substantially disturbed site, 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 sball 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 pariy aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners, ';-! ;"'~')I'J(: : 1~.('''(T~.;'l :it'~t.I;FI;;~! ,~,: i " ':':' LO:.I_t 4 I "1.. Agenda Item No. 8A February 27, 2007 Page 129 of 141 SECTION FOUR: CERTlFICA TION 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 infonnation shall be the responsibility of the applicant. B. All information submitted with the application becomes a part ofthe public record and shall be a permanent palt of the file. C. All attaclunents and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 Yz" x 14") folder. Printed Name of Applicant 01 ~gent Walter Fluegel. AlCP Heidt & Associates. lnc -TO BE COMPLETED BY THE COMMUNITY DEvlrLOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 1. Approved on: By: 2. Approved with Conditions on: By: (see attached) 3. Denied on: By: (see attached) $'~ I~ ~, If ;\,.~ p, '. ~I(l'\ ~l j(1ll/r t HYt';. i '. jIJ tk_', 5 Agenda Item No. SA February 27,2007 Page 130 of 141 PASSARELLA AND ASSOCIA TES, INC. Consulting Ecologists 9110 College pointe Court Fort Myers, FL 33919 Phone (239) 274-0067 Fax (239) 274-0069 March 6, 2006 PUDZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE Ms. Melissa Zone Principal Planner Collier County Government Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, Florida 34104 RE: King Richard's PUD EIS Exemption . Project No. 05TB1l467 Dear Ms. Zone: Passarella and Associates, Inc. has prepared the following Environmental Impact Statement (ElS) exemption request from Collier County in response to the specific elements of the Collier County Land Development Code (LDC) Section 10.02.02 A,?: Exemptions for the King Richard's PUD project. The LDC elements are outlined below, followed by our response. 10.02.02 A,7.d, Non-sensitive areas. Any area or parcel of land which is not, in the opinion of the County A1anager or his designee, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does 110t fall within an A CSC or ST zoning overlay: 10.02.02 A. 7. d. i, The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use, Response The subject property is an operating amusement park that was previously approved per the Princess Park PUD. The property is surrounded by multi-family residences, commercial development, and improved roadways. The majority of the property is comprised of the Agenda Item No. 8A February 27,2007 Page 131 of 141 Ms. Melissa Zone March 6, 2006 Page 2 recreational development. The eastern portion of the property contains a vegetated area with a majority of exotic plant species and a borrow area occupying the majority of the undeveloped area. Prior to 1974, the site was used for agricultural enterprises. Per the Princess Park PUD, there were no native vegetation preservation requirements associated with the site. 10.02,02 A.7.d.ii. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration' or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora andfauna were removed prior to the passage of this Code. Response The subject property is surrounded by residential and commercial developments and improved roadways. The vegetation present is largely invasive exotic vegetation and the maj ority of the original flora and fauna has been removed. As a result of these disturbances, the propelty's natural drainage pattem has been altered to the extent that precludes the vegetative community from returning to its historic condition. The property's current condition and surrounding development also precludes its use by most wildlife, which greatly diminishes its useful ecological purposes. As previously noted, the original Princess Park PUD had no native vegetation preservation requirements associated with constmction of the amusement park; no native vegetation is associated with the proj ect site. 10.02,02 A. 7. d iii. The swface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. Response Please refer to the above response. The on-site drainage design will comply with all local and South Florida Water Management District design criteria, The criteria will help insure the surface and/or natural drainage or recharge capacity of the site will not be adversely impacted. 10.02.02 A. 7. d. iv. The use and/or developmen.t of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. Agenda Item No. SA February 27, 2007 Page 132 of 141 Ms. Melissa Zone March 6, 2006 Page 3 Response The developer will improve the ecological deficiencies in the project's designated open space areas tlu'ough the removal of exotics and supplemental planting of more desirable native species. 10.02,02 A, 7,d. v. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms. drainage, or flora andfauna elements of the property. Response Due to the site's current altered state, significant additional disturbances to the floral and faunal communities functions are not anticipated. Should you have any questions regarding this illfolmation, please do not hesitate to contact me. Sincerely, PASSARELLA AND ASSOCIATES, INC. ~.~ Christopher M. Ryan Environmental Technician CR/mh Enclosures Mar. 3. 2006 3:32PM fla Vlest accl Agenda Item No, 8A No 0958 FBt9ru<;lry 27,2007 , fDage133of141 CJ011 cnrothers America's LflKUry Home Builder"" ' March 3, 2006 Collier County Utilities Department 2685 Horseshoe Drive South Naples, FL 34104 PUDZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE Re~ King Richards POO To Whom It May Concern, This letter is submitted to document that Toll Brothers, Inc. intends to keep the ownership and maintenance of the water and sewer system private for the referenced project in Conier County. It is the developer's intention that these systems be built to ColUer County standards, as pennitted through the Land Development Code. At the completion of construction llnd inspection, these facilities will remain privately owned and maintained. . Toll Brothers, Inc. also intends to pay all of the applicable system development. charges and c:onnection fees., These payments will be made to the County Utillties Division prior to the issuance of building pennits by the count)'. I believe this fully outlines our intentions regarding the utility ownership and maintenance, and the intention to pay all applicable development charges and connection fees for this project. Should you have any comments or questions regarding this or require any additional information, please contact me at 239-949-2304. New York Stock Exchange · Symbol rOL FLORIDA WEST COAST DlV!SlON 28341 South 1'e.llllami Trail. Suite 4. Bonita Springs, FL 34134 · (239) 949-2304 . Fax (239) 949-2.292 toUbrothers, com . 12/01/2805 15: 05 ~'..... 9417322585 CC ENG PLAN ROOM Agenda Ft~HfNo~lg'AJ2 February 27, 2007 Page 134 of 141 COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 East Tarniami Trail . Naples, FJorirla 34112 . (239) 732.2575 . Fax (239) 732-2526 December 1,2005 PUDZ-A-2006-AR-9403 REV: 2 Project: 19990948 Date: 7/6/2006 DUE: 8/4/06 Stri,ckland 1'. Sm~th) P ,E. Heidt & Associates, Inc. 3800 Colonial Boulevard #200 Fort Myers, Florida 33912.1075 Subject: King Rich?rds Fair fr..a Princess:F ark Water and Wastewater Availabili':y Dear Mr. Smith: Potable water service for domestic and irriga'lon pUrposes al)d sanitary sevver service are available for the above referenced project via eiiEtillg lines along Airport Pulling Road. A master meter shall be required for such facilitIes as rental apartments, shopping centers, strip malls., high rise condominiums, recreational vehide parks, mobile home parks or any other multi- family 'proj ects _ that cannot.' or do not provide \h.~ required CUEs par~eling a typical single family street cross-section or any other project tha.t does not comply with or meet the intention of Ordinance 2004-31, ~ arhendoo or-superoeded. - If this project is not to provide the required Colller County Utility Easements (CUEs), all water and sewer facilities shall be O'lNIled and maintained by the O\VIler, his successors or assigns. If this project is to provide the required CUEs, all water and sewer facilities shall be o'WIled and maintained by Collier County Public Utilities. Tie-in to water and sewer lines shall be made after submission and approval of the hydraulic calculations by Engineering Review Services, shewing that the dovmstream systems are adequate to handle the increase in flow. The District 'Will be making phased expansions 10 the water supply, treatment and transmission facilities and sewage transmlssion, treatment aud disposal facilities servioing the area in question and otlier areas of 1l1e County, based on de:nands within the system and other binding commitments. These expansions should provid~ sufficient capacity to supply the referenced property's anticipated potable water and sewage treat:n:lent and disposal demands and the remainder of the District's committed capacity. However, no gua.rantee can be issued .th3t other developments throughout the District wil. G,iEngiTL""ifta """hl"vtll~JIlI'l''' g^,,;n~.' ^'~. (~f .. .. c -~ o ... .... 1; ;y DEC-0i-2005 15:01 941.7322585 '38X P.01. 12/81/2065 16:65 '3417322585 cc ENG PLAN ROOM PAGE 82/82 Agenda Item No, 8A February 27, 2007 Page1350f141 Strickland T. Smith, P.E. December 1, 2005 Page 2 nt>t have an impact on the quantity of potable water and sewage treatment and disposal capacity avaihble to this property until each phase has received a commitment for service. Connections are also subj eet to the availability )f water and sewer capacity at the time formal application is received. Should water supply or sewage treatment and disposal capaoity not be available, the Developer would be required to :?rovide an interim means of water supply and treatment and sewage treatment and disposal until the Distriot's facilities have the adequate capacity to serve the proj ect. Please note that allY and all improvements that you constroct must be in accordance with all applicable ordinances and policies, including the }a)TIlent of impact fees. Should you have any further questions, please feel free to contact me at (239) 732-2575. SinceIely, cc: Diane Deoss, Utility Billing & Customer Stavice Heather Sweet, Utility BilJing & Customer 3ervice Wes Hill, Engineering Review Services O:lllo;i"""nn~ 'lech1"''Vl.ll.b;r.I,)'/A..ll,bill~ Lotbor DEC-01-200S 16:01 941'7322585 97X P.02 :... Agenda Item No. 8A February 27, 2007 Page 136 of 141 UTILITY REPORT King Richard's PUD Prepared For: Toll Brothers, Inc. 28341 S. Tamiami Trail Bonita Springs, FL 34134 Prepared By: HEIDT & ASSOCIATES, INC. 3800 Colonial Blvd., Suite 200 Fort Myers, FL 33912 March 2006 Strickland T. Smith P.E. P .E. Florida Registration No. 50652 Date PU DZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE Agenda Item No:8A February 27,2007 Page 1370f141 { 1. PROJECT DESCRIPTION The King Richard's PUD is a proposed 133 unit multi family project located on the east side of Airport-Pulling Road approximately 1 mile south of Vanderbilt Beach Road. The existing King Richard's Amusement Park is served by an 8" water main stub from the west side of Airport-Puliing Road. The 8" increases to a 10" water main within the site. The proposed project will require a 10" water main as well and it will use the same point of connection. The existing on-site 10" main will be removed and replaced with a new system. Sewer service for the existing amusement park is provided by the existing lift station in the adjacent Walden Oaks (Home Oak) Development. The proposed project will discontinue the use of this lift station and construct a new station for the project. The new force main will connect to the 20" force main in the eastern right-of-way of Airport-Pulling Road. II. POTABLE WATER DEMAND The water demands (Average Day, Maximum Day, and Peak Hour) are calculated utilizing the requirements for the proposed development as outlined in Collier County Ordinance 98-53; Section 12.0. For detailed Calculations see Attachment 1. A veraf!e dailv water demand 133 Multi Family Units with an average occupancy of 1.5 @ 154 gal/capita-day (133 units) x (1,5 capita/unit) x (154 gal/capita-day) = 30, 723gpd = 21.3 gpm Recreational facilities with an average occupancy 13.5% @ 15.4 gal/capita-day (133 units) x (1.5 capita/unit) x (0.135) x (15.4 gal/capita-day) =415gpd= O.3gpm (30,723 gpd) + (415 gpd) = 31,138 gpd = 21.6 gpm Maximum dailv water deman.d 1,5 times the average daily water demand 1.5 x (31,138 gpd) = 46,707 gpd = 32.4 gpm f\genda Item No. 8A February 27, 2007 Page 138 of 141 Peak hour demand The average daily water demand times a peaking factor. This peaking factor is based on population and is shown below: Peaking Factor = (18 + p ~) / (4 + p ~) Where p = equivalent population in thousands Where p = (133 units @ 1.5 persons/unit)/lOOO = 0.2 Thus, Peaking Factor == (18 + (0.2) ~/2 ) / (4 + (0.2) Yl) = 4.15 If Peaking factor>4.0 use 4,0 Therefore, the peak hour water demand is calculated as follows: Peak Hour Water Demand == Peaking Factor x Average Daily Water Demand 4.0 x 21.6 gpm = 86.4 gpm III. SANITARY SEvVER DEMAND The sewer demands (Average Day, Maximum Day, and Peak Hour) are calculated utilizing the requirements for the proposed development as outlined in Collier County Ordinance 98-53; Section 11.0. Averaf!e daily sewer demand 133 Multi Family Units with an average occupancy of 1.5 @ 120 gal/capita-day (133 units) x (1.5 capita/unit) x (120 gallcapita~day) = 23,940 gpd = 16.6 gpm Private club and pool facility with an average occupancy of 13.5% @10 gal/capita-day (133 units) x (1.5 capita/unit) x (0.135) x (12 gal/capita-day) =323 gpd = O.22gpm (23,940 gpd) + (323 gpd) = 24,263 gpd = 16.8 gpm 1I1aximum dailv sewer demand 1.3 times the average daily sewer demand 1.3 (24,263 gpd) = 31,542 gpd = 21.9 gpm ... Agenda Item No: SA February 27,2007 Page 1390f141 I Peak hour demand The average daily sewer demand times a peaking factor. This peaking factor is based on population and is shown below: Peaking Factor = (18 + p ~) / (4+ P %) Where p = equivalent population in thousands Where p = (133 units @ 1.5 persons/unit)11000 = 0.20 TIms, Peaking Factor = (18 + (0.4) Y2) I (4 + (0.4) Y2) = 4.15 If peaking factor> 4.0 use 4.0 Therefore, the peak hour sewer demand is calculated as follows: Peak Hour Sewer Demand == Peaking Factor x Average Daily Sewer Demand 4~0 x 21.9 gpm = 87.6 gpm Pipe Calculations: Using Manning's Equation to determine the capacity of an 8" Gravity Sewer Pipe flowing Half Full Q = 1.4 7/nAR ^2/3 S^ 1/2 n = 0.010 A =1/2 pipe cross-sectional area = 0.17sf R = D/4 = 0.17 S :::: 0.4% min. Q:::: 0.485CFS = 217 gpm r This project generates 87.6-gpm-peak flow, which is less than the capacity of an 8" PVC gravity sewer pipe sloped at the county minimum design standards; therefore an 8" pipe size is adequate. Agenda Item No. SA February 27,2007 Page 140 of 141 mannausa ~. ~i;RTtF;.N ' PROPERTY MANAGER(!Il . .t,' DEVELOPMENT .COMPANY -i 4255 52nd Place West, Bradenton. Florida 34210 Telephone (841) 365-1511 Facsimile (841) 365-0807 o 1080 Vista Drive, Bay Harbor, Michigan 48770 Telephone (231) 348-0747 Facsimile (231) 348-0463 '. '1'.,. December 28, 2006 Via Fax #239-643-6968 & Certified, Return Receipt, Mail Melissa Zone Principal Planner COLLIER COUNTY GOVERNMENT . Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive. Naples, FL 34104 RE: PETITION: PUDZ-A-2006-AR-9403 TOLL BROTHERS, INC. Dear Ms. Zone: Please accept this letter as a statement relative to the'above referenced petition. Please recall, through your files/archives, that Mannausa Development Company, as general partner of Bear of Naples, Ltd., attempted to obtain a multifamily zoning use for the propetiy directly north and adjoining the Bear Creek Apartments (existing 120 unit multifamily, affordable, rental apartment conununity) and did not receive approval indicative of Collier County Government's desire to not have as intense multifamily residential uses in this location. The subject propeliy, associated with the above referenced petition, is an intensive multifamily land use which would seem to fall within the Collier County Government desire to not have so many multifamily units in this particular area of Collier County. We oppose the land use approval because Bear Creek of Naples, Ltd., by and through its general partner (and its affiliate), Mannausa Development Company, did not receive a rezoning approval to allow a multifamily use in this location, which is in the immediate vicinity of the above referenced rez,one petition. Luxury and Affordable Housing · Land · Commercial Properties Agenda Item No. SA February 27, 2007 Page 141 of 141 Please review the rezone application submitted by Mannausa Development Company by and through its lawyer, Icard, Merrill, et aI, through Michael], Furen, lawyer/partner. Govem yourself accordingly. Sincerely, Cc: Michael J. Furen, Esq. Agenda Item No. 88 February 27, 2007 Page 1 of 80 EXECUTIVE SUMMARY CU-2006-AR-10550: Collier County Department of Facilities Management, represented by Heidi Williams, of Q. Grady Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03.G.1.e and Section 10.08.00 of the Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services Facility for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Boulevard North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERA TIONS: The petitioner seeks Conditional Use approval to allow for a Safety Service Facility that will be limited to an Emergency Medical Services (EMS) facility in the Estates (E) zoning district. The station will be approximately 5,000 square feet and will include two vehicle bays, sleeping quarters and offices. The conceptual site plan depicts the station, parking areas, 15- foot wide buffers along the north, south and west property boundaries, and. 74 acres of preserve area. The "Protected Species Survey" indicates that there are approximately 1.24 acres of wetlands located in the eastern and southern portion of this site which the proposed development is sited to avoid. The conceptual site plan also indicates that a six-foot high wall will be provided along the south property line extending from Logan Boulevard to the preserve edge. Site access as depicted on the conceptual site plan is from Logan Boulevard North. A potential future egress point from the site to Vanderbilt Beach Road is also depicted. The petition is consistent with the Land Development Code (LDC). If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. Staff is of the opinion that the EMS facility will have impact associated with noise; however, the proposed buffer wall and landscaping should offset some of that impact. At the Neighborhood Information (NIM) meeting, EMS staff described its policy not to turn on emergency sirens at night unless it absolutely had to, in cases where the emergency vehicles have to traverse traffic. The Traffic Impact Statement indicates that approximately 5 emergency runs per day will occur. This project will not have significant impacts on the surrounding roadway network. As described in the attached staff report, staff has determined that the proposed facility is compatible with the surrounding area. The EMS building has been sited in a disturbed location EMS Station # 73, CU-2006-AR-10550 February 27, 2007 Page 1 of 6 Agenda Item No. 88 February 27, 2007 Page 2 of 80 of the site in order to minimize impacts to the preservation areas of the site. In addition, the proposed EMS station building is one story, which is compatible with the surrounding one and two story residential development. To the north, the subject site is separated from the residential community of Island Walk by Vanderbilt Beach Road, an arterial road that is currently being widened to six travel lanes. In addition, Island Walk is buffered from the EMS site and Vanderbilt Beach Road by a 6- foot high concrete wall with landscaping. To the east of the site is a Collier County Sewage Pump Station, which is separated from the EMS station site by the proposed preserve. Along the southern property boundary, the proposed preserve along a portion of the site together with a proposed 6 foot high wall (located along the edge of the driveway) in addition to code required landscaping, will separate the proposed EMS facility from the single family residence. To the west, the single family residence will be separated from the EMS facility by Logan Boulevard North and a IS-foot wide Type D landscape buffer located on the western boundary of the EMS site. FISCAL IMPACT: The Conditional 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 Conditional Use is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees collected is for informational purposes only; it is not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT CONSISTENCY: The Comprehensive Planning Department has reviewed the proposed Conditional Use and found it to be consistent with the Golden Gate Area Master Plan and the Future Land Use Element of the Collier County Growth Management Plan. The subject property is designated Estates, as identified on the Future Land Use Map of the Growth Management Plan. The Golden Gate Area Master Plan identifies "Essential Services Conditional Uses" such as public safety service facilities and other similar facilities as those identified in LDC Section 2.01.03. G.l.e. These facilities are allowed anywhere within the Estates zoning district subject to a Conditional Use approval. EMS Station # 73, CU-2006-AR-10550 February 27, 2007 Page 2 of 6 Agenda Item No. 88 February 27,2007 Page 3 of 80 AFFORDABLE HOUSING IMPACT: This request contains no provision to address the affordable housing demands that it may create. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because no Environmental Impact Statement was required for this project because the site is less than 10 acres. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard by the CCPC at the January 18, 2007 CCPC meeting. The Commission motioned to forward Petition CU-2006-AR-I0550 to the Board of Zoning Appeals (BZA) with a recommendation of approval with conditions. The MOTION PASSED UNANIMOUSLY 9-0. The Commissioners discussed staff recommendations and voted to eliminate the following recommendations: · The applicant shall coordinate with Transportation Planning Department staff to install an egress point from the site to Vanderbilt Beach Road at the time of SDP review. · The applicant shall coordinate with Transportation Operations to install a pre-emptive signal system to ensure the safe and timely egress from the site during emergencies at the time of SDP review. The CCPC agreed with EMS that one access point onto Logan Boulevard North from the EMS Station is sufficient. For safety reasons, Transportation staff is not in agreement with limiting the site to one access point and recommends an additional egress point onto Vanderbilt Beach Road. Therefore, no revisions have been made to this staff recommendation. The ccpe also agreed with EMS that one pre-emptive signal at the Vanderbilt Beach Road I Logan Boulevard North intersection is adequate. (That is, no additional pre-emptive signals are needed at the Vanderbilt Beach Road site access point and the Logan Boulevard North site access point). Transportation staff is in agreement that one pre-emptive signal located at Vanderbilt Beach Road and Logan Boulevard North will be sufficient. Therefore, this staff recommendation has been removed. The Commissioners voted to revise the following recommendation: · In addition to the required landscape buffer, the applicant shall provide a continuous 6- foot height wall along the south property line for a distance of 267 lineal feet. At the cepe hearing, the applicant offered not to remove any trees beyond the limit of development, thereby enhancing the vegetative buffering of the neighbor to the south. It was determined that the proposed 6-foot height wall along the southern edge of the driveway pavement, along with the commitment to limit clearing of the forested areas east of the building EMS Station # 73, CU-2006-AR-10550 February 27, 2007 Page 3 of 6 Agenda Item No. 88 February 27, 2007 Page 4 of 80 to the removal of exotics only, is appropriate. Staff is in agreement, and the staff recommendation has been revised in accordance with the ecpc recommendation. Staff is also in agreement with the following additional ecpc stipulations for approval: · Clearing limits shall be shown on the EMS Station # 73 Site Plan. · The EMS Station # 73 garage door heights shall be limited to 12- foot height. · The EMS Station # 73 site shall be limited to emergency medical services use only. Based upon the above discussion, the recommendations are as follows: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "EMS Station # 73 Conditional Use Conceptual Site Plan," prepared by Q. Grady Minor & Associates, P.A., dated October 30, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3. The applicant shall coordinate with Transportation Planning Department staff to install an egress point from the site to Vanderbilt Beach Road during the SDP review process. 4. The directional median opening at Logan Boulevard North shall be for emergency vehicles only. 5. The applicant shall make road improvements, including providing a mountable curb for emergency vehicles in the Logan Boulevard North median and apron improvements to Logan Boulevard North as may be required by the Transportation Division during the SDP review process. 6. In addition to the required landscape buffer, the applicant shall provide a continuous 6- foot height wall along the south property line for a distance that continues to the beginning of the South Florida Water Management District wetlands not to exceed a distance of 267 lineal feet. 7. Clearing limits shall be shown on the EMS Station # 73 site plan. 8. The EMS Station # 73 garage door heights shall be limited to 12-foot height. 9. The EMS Station # 73 site shall be limited to emergency medical services use only. EMS Station # 73, CU-2006-AR-10550 February 27,2007 Page 4 of 6 Agenda Item No. 88 February 27, 2007 Page 5 of 80 The Commission members heard testimony from two members of the public: one supporter and one opponent of the project. The speaker in support of the project stated that EMS stations are good neighbors and that property values are not negatively affected by the presence of an EMS station. The other speaker, an attorney hired by a neighbor of the proposed EMS station, who lives on Logan Boulevard, expressed opposition to the project. The neighbor was concerned primarily about the siren noise, and the attorney stated that an egress point from the site to Vanderbilt Beach Road might help reduce the impact of the siren noise on Logan Boulevard. Because staff received two letters of objection, this petition could not be part of the summary agenda. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW STAFF ANALYSIS: Staff completed a comprehensive evaluation of this Conditional Use petition and the criteria on which a determination by the BZA must be based, which is found in LDC Section 10.08.00. These evaluations are completed as part of the attached staff report. A summary of the legal considerations and findings is noted below: . This Conditional Use proposal is consistent with the current Land Development Code and with the Golden Gate Area Master Plan and the Future Land Use Element of the Collier eounty Growth Management Plan. . This Conditional Use proposal will not have a significant impact on traffic volume. . The proposed conditional use has mitigated impacts onto neighboring properties in relation to noise and glare. · The Conditional Use proposed is compatible with adjacent properties and other property in the district. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning eommission for approval of a conditional use authorizing an Emergency Medical Services facility in the Estates zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. Decisions regarding conditional uses are quasijudicial, and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights-of- EMS Station # 73, CU-2006-AR-10550 February 27, 2007 Page 5 of 6 Agenda Item ~~o. 88 February 27,2007 Page 6 of 80 way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of the conditional use requiring four affirmative votes of the Board. - JAK STAFF RECOMMENDATION: Staff recommends that the BZA approve Petition eU-2006-AR-I0550 subject to the conditions attached to the Resolution, which seek to mitigate negative impacts to the surrounding area. PREPARED BY: Nancy Gundlach, AICP, Principal Planner Department of Zoning & Land Development Review EMS Station # 73, CU-2006-AR-1 0550 February 27, 2007 Page 6 of 6 Item Number: Item Summary: Meeting Date: Agenda Item No. 88 February 27. 2007 Page 7 of 80 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8B This Item requires that all particIpants be sworn In and ex parte dlsclo5ure be provided by Commission members CU-2006-AR-10550 Collier County Department of Facilities Management represented by Heidi Williams, of 0 Grady Minor & Associates, P,A. is requestlilg a conditional use In the Estates zoning dlstnct pursuant to Section 201.03.G. 1.8 and Section 1008,00 of ttle Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73 The subject property, consisting of 223 acres, IS located at 790 Logan Boulevard North, In Section 4, Townslllp 49 South. Range 26 East, Collier County. Flonda 2/27/20079:00:00 AM Date Prepared By Nancy Gundlach Community Development & Environmental Services Principal Planner Zoning & Land Development Review 2/8/2007 5 :05: 18 PM Date Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2/12/20072:41 PM Date Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review 2/13/200711;03 AM Date Approved By Marlene Stewart Community Development & Environmental ServIces Executive Secretary Community Development & Environmental Services Admin. 2/13/200712:44 PM Date Approved By Donald L. Scoll Transportation Services Transportation Planning Director Transportation Planning 2/13/2007 3:34 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin, 2/13/20073:50 PM Date Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review 2/14/2007 8:50 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2/16/20074;51 PM Date Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 2/20/200710;53 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20/200712;15 PM Agenda Item No. 8B February 27, 2007 Page 8 of 80 Colfer County ~~~ - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW eOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 18,2007 SUBJECT: eU-2006-AR-I0550; EMS STATION # 73 PROPERTY OWNER! AGENT: APPLICANT: Collier eounty Government Department of Facilities 3301 Tamiami Trail East, Bldg. W Naples, FL 34112 AGENT: Ms. Heidi Williams. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests approval of a eonditional Use in the Estates (E) zoning district for a Safety Service Facility, pursuant to Section 2.01.03.G.1.e and Section 10.08.00 of the Collier County Land Development eode (LDC), as amended, on a 2.23 :l: acre site. GEOGRAPHIC LOCATION: The subject property is located at 790 Logan Boulevard at the southeastern corner of Logan Boulevard North and Vanderbilt Beach Road (CR 862). The site is located in Section 4, Township 49 South, Range 26 East, Collier County, Florida. PURPOSE/ DESCRIPTION OF PROJECT: The petitioner seeks Conditional Use approval to allow for a Safety Service Facility that will be limited to an Emergency Medical Facility in the Estates (E) zoning district, on a 2.23:1: acre site. The station will be approximately 5,000 square feet and will include two vehicle bays, sleeping quarters and offices. The conceptual site plan depicts the station, parking areas, IS-foot wide buffers along the north, south and west property boundaries, and .74 acres of preserve area. The "Protected Species Survey" indicates that there are approximately 1.24 acres of wetla..l1ds located in t..1}e eastern a..l1d GU-2006-AR-10550 January 2, 2007 Page1of9 Agenda Item No. 88 February 27,2007 Page 9 of 80 southern portion of this site which the proposed. development is sited to avoid. The conceptual site plan also indicates that six-foot high wall will be provided along the south property line extending from Logan Boulevard to the preserve edge. Site access as depicted on the conceptual site plan is from Logan Boulevard North. A potential future egress point from the site to Vanderbilt Beach Road is also depicted.. SURROUNDING LAND USE & ZONING: North: Vanderbilt Beach Road, then the Island Walk DR! (Development of Regional Impact) residential project. East: developed with a Collier Sewage Pump Station on an Estates zoning designation. South: developed with a single family residence on an Estates zoning designation. 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I g~ "i:j 2~ z -< -' ~ ~ ii\ -' -< i'2 ~ ~ ~ u ~ i! ~ :<!: c E:: ~ t" t') ~ ~.! ~Sir. gin Vl i' ~~n cdh oe ~m' ~~I; Q~.' ~Ii~ ~.. 0'6 ~ 01 1~ : ~ , ~ ~ ::l );l ~ ~ ~ g . iil!i ~I a.: -I ~Q l i -I .. /:~l: !>I!';l; 81': "'::1 ~:~ "~" Agenda Item No. 88 February 27. 2007 Page 12 of 80 GROWTH MANAGEMENT PLA.N CONSISTENCY: In a memo dated October la, 2006 eomprehensive Planning staff reviewed this request and offers the following comments: The Golden Gate Area Master Plan pertaining to Conditional Uses reads as follows: 5) Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates zoning district within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses, as identified within Section 2.04.03 of the Collier County Land Development Code, may be allowed anywhere within the Estates Zoning District, and are defined as: . electric or gas generating plants, . effluent tanks, . major re-pump stations, . sewage treatment plants, including percolation ponds, . hospitals and hospices, . water aeration or treatment plants, . governmental facilities (except for those Permitted Uses identified in Section 2.04.03 of the Land Development Code), . public water supply acquisition, withdrawal, or extraction facilities, and . public safety service facilities, and other similar facilities. CONeLUSION: Based on the above analysis and review, Comprehensive Planning staff concludes the proposed Conditional Use may be deemed consistent with the Golden Gate Area Master Plan. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. ANALYSIS: Before any eonditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make findings (Exhibit "A") that: 1) approval of the eonditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual eonditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1 . Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request has been deemed consistent with the Golden Gate Area Master Plan. Therefore, it is also consistent with the Future Land Use Element and the Growth Management Plan (GMP). CU-2006-AR-10550 January 2, 2007 Page 5 of 9 Agenda Item l\Jo. 88 February 27, 2007 Page 13 of 80 The proposed setbacks are in compliance with the LDC. The Estates zoning district requires a 75- foot front setback along Logan Boulevard North and allows a reduced front 37.5-foot setback along Vanderbilt Beach Road and a side setback of 30 feet. The project will be required to undergo the site development plan review process to ensure compliance. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the site will be provided through one entrance on Logan Boulevard North. Transportation Department Staff has reviewed the application and has requested an egress point from the site to Vanderbilt Beach Road. In addition, the applicant shall coordinate with the Transportation Operations Department to install a pre-emptive signal system to ensure safe and timely egress from the site during emergencies. To address this, additional conditions have been made as part of Staff Recommendations. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. It will have impact associated with noise; however, the proposed buffer wall and landscaping should offset some of that impact. The Traffic Impact Statement indicates that approximately 5 emergency runs per day will occur. This project will not have significant impacts on the surrounding roadway network. Personnel will be stationed in the building 24-hours a day, ready to respond to an emergency. When the station personnel and vehicles are called upon to respond to an emergency, noise from EMS vehicle sirens may disturb the neighbors. At the Neighborhood Information (NIM) meeting, EMS described its policy not to turn on emergency sirens at night unless it absolutely had to, in cases where the emergency vehicles have to traverse traffic. To divert noise impacts and glare to the residence located immediately to the south, the applicant will provide a 20 to 170-foot wide preserve area that extends along for a distance of335:1: lineal feet along the abutting property line, and a six-foot high wall along the remaining 217:1: lineal feet of property line. As shown on the eonceptual Site Plan, this will be in addition to the required landscape buffers. To further mitigate for the impacts on the immediate neighbor on the south, staff is recommending that the wall is extended along the project's south property line to a point 50- feet east beyond the north east corner of the existing house (for a total of267 lineal feet of wall). 4. Compatibility with adjacent properties and other property in the district. The proposed facility is compatible with the surrounding area. The EMS building has been sited in a disturbed location of the site in order to minimize impacts to the preservation areas of the site. In addition, the proposed EMS station building is one story, which is compatible with the surrounding one and two story residential development. To the north, the subject site is separated from the residential community of Island Walk by Vanderbilt Beach Road, an arterial road that is currently being widened to six travel lanes. In addition, Island \Valk is buffered from the EMS site and Vanderbilt Beach Road by a 6 foot high concrete perimeter wall with landscaping. To the east of CU-2006-AR-10550 January 2. 2007 Page 6 of 9 .Ll.genda Item No. 88 February 27, 2007 Page 14 of 80 the site is a eollier eounty Sewage Pump Station, which is separated from the EMS station site by the proposed preserve. Along the southern property boundary, the proposed preserve along a portion of the site together with a proposed 6 foot high wall with landscaping, will separate the proposed EMS facility from the single family residence. To the west, the single family residence will be separated from the EMS facility by Logan Boulevard North and a 15 foot wide Type D landscape buffer (trees spaced 30 feet on center with a hedge) located on the western boundary of the EMS site. Based on the information provided and with the appropriate mitigations, it appears that the proposed eonditional Use is an appropriate use of the subject site. NEIGHBORHOOD INFORMATION MEETING: The following synopsis is provided by Linda Bedtelyon, Community Planning eoordinator: The applicant held the required meeting on November 29, 2006 at 5:30 p.m. at the Vineyards Community Park, in Rooms A and B. Approximately twenty five people attended, including the applicant's agents and county staff. Of those neighboring property owners who spoke, one person was in favor of the project, while several others expressed opposition to the location, stating that the use was not compatible to the residential nature of the area, citing noise nuisance and devaluation of their property. It was suggested that the height of the building (ambulance bays) be "as low as possible." ehief Page of EMS stated that the ambulance bay doors could "possibly go down to twelve foot (high)" instead of the originally proposed 14 feet. Some of the residents complained that this project is the county's "foot in the door" to further development that is unwanted. Others requested that the station be located at the intersection of eollier Boulevard and Vanderbilt Beach Road. Another property owner who had right-of-way taken from his property for the Logan Boulevard roadway widening said ".. .we're getting beat up out there" and asked if he could call the applicant when the ambulance sirens woke his young children in the ni ght. STAFF RECOMMENDATION: Staff recommends that the eollier eounty Planning Commission recommend approval of Petition CU- 2006-AR-10550 to the Board of Zoning Appeals, with the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "EMS Station # 73 eonditional Use Conceptual Site Plan," prepared by Q. Grady Minor & Associates, P .A., dated October 30, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, CU-2006-AR-10550 January 2, 2007 Page 7 of 9 Agenda Item No. 88 February 27,2007 Page 15 of 80 structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including ehapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier eounty Land Development Code, Ordinance 04-41, as amended. 3. The applicant shall coordinate with Transportation Department staff to install an egress point from the site to Vanderbilt Beach Road at the time of SDP review. 4. The applicant shall coordinate with Transportation Operations to install a pre-emption signal system to ensure the safe and timely egress from the site during emergencies at the time of SDP reVIew. 5. The directional median opening at Logan Boulevard North shall be for emergency vehicles only. 6. The applicant' shall make road improvements, including providing a mountable curb for emergency vehicles in the Logan Boulevard North median and apron improvements to Logan Boulevard North as may be required by the Transportation Division during the SDP review process. 7. In addition to the required landscape buffer, the applicant shall provide a continuous 6-foot height wall along the south property line for a distance of 267-lineal feet. PREPARED BY: CH, Alep, PRINCIPAL PLANNER OF ZONING AND LAND DEVELOPMENT REVIEW ~ DATi l~/)OlfJ' , DATE 12... z.z.'O~ . BELLOWS, MANAGER DATE NT OF ZONING AND LAND DEVELOPMENT REVIEW CU-2006-AR-10550 December 18, 2006 Page 8 of 9 Aoenda Item No. 88 February 27,2007 Page 16 of 80 ~Yn. ~.J::-~ ./SUSAN MURRA Y ISTENES, AlCP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1/2/0 7 , , DATE APPROVED BY: /pr4 K. SCHMITI, ADMINIS RA TOR / DATE ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: ~~ p,~ M P. STRAIN, CHAIRMAN l'- I ~(--07 DATE Tentatively scheduled for the February 27,2007 Board of County Commissioners Meeti~g Attachments: A. Findings of Fact CU-2006-AR-10550 December 18. 2006 Page 9 of 9 Agenda Item No. 88 February 27, 2007 Page 17 of 80 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-10S50 The foHowing facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offrre or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect 01' ~ffect mitigated by HeA- (v'J ft ~ ( _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should. with stipulations. (copy attached) (should not) be recommended for approval <text>. DATE: t ~ l .....~/ 01 CHAIRMAN: EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 18 of 80 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08,00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ..y.... No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesL No_ \. C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated by J ~r _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: eompatible use within district Yes;(:.... No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / -I J',; ('.) 7 e'f'f t1,t...l... CHAIRMf.N ~ cd~ - ~ (. il"'_ EXHIBIT A Aaenda Item No. 8B February 27, 2007 Page 19 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with ,e Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastl"Ophe: Adequate ingress ,egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7in district Yes_ No_ DA TE:/ -I f .. () 7 . MEMBER: 4/oer V/t?..( /orr,' Based on the a.bove findings, this conditional use should, with stipulations, (cop- (should not) be recommended for approval <text>. EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 20 of 80 ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I05S0 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency re Land Development Code and Growth Management Plan: Yes_ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: (" Adequate ing7s & egress Yes No C. Affects neighboring properties ill relation to noise, glare, economic or odor effects: _ No ~t or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us1thin district Yes _ No ( Based on the above findings, this conditional use should, with stipulations, (copy attached) :::d ";:) ~ ~;1m~dod fur awrovm ~e:MBER: ~W ~ EXHIBIT A \ Agenda Item No. 88 February 27, 2007 Page 21 of 80 ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,.,- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive aud pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: \ Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic 01' odor effects: V No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within dist.rict YesJd No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. ...-...( DATE:~ '- ~ MEMBER: c ::...- EXHIBIT A Agenda Item No. 88 February 27. 2007 Page 22 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other prope11y or uses in the same district or neighborhood because of: A. Consistency with t~~evelopment Code and Growth Management Plan: Yes LNO_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fITe or catastrophe: Adequate ingress ~s Yes Z ~~=- AfZects n ;ghboring properties in relation to noise, glare, economic or odor effects' . _ No affect or _ Affect mitigated by _ Affect cannot be mitigated C. D. Compatibility with adjac nt properties and other propel1y in the district: Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: I ~ ;{--- 0 -; MEMBER:~ EXHIBIT A Agenda Item No. 88 February 27,2007 Page 23 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yesx- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: I,... /f-~ 7 MEMBER: ;?;:: q# EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 24 of 80 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-10550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other propelty or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes if No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire 01' catastrophe: Adequate il1jS & egress Yes_ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor e7: _ No affect or _Affect mitigated by _ Affect cannot be mi tigated D. eompatibility with adjacent properties and other property in the district: Compatible use within district yes/ No_ DATE: 1))1,17 MEMBER: t$YIf)~J 'it:. ~1Of1s"-" Based on the above findings, this conditional use should, with lpulations, (copy attached) (should not) be recommended for approval <text>. EXHIBIT A \ Agenda Item No. 88 February 27,2007 Page 25 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0SS0 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes tJ. No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~. No aff~ct or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: III! If) ;7 I I I) "-h /7 MEMBER: /iJ-rll'u.--. kt ~I t{ (' 1i/ttJ-?L/ EXHIBIT A ll)r---o rooeo .o~ 001 0 Zr--"'~ i= 01 N (j) >. (IJ _.....en -coro CO::lo... -0..... c.o ill (IJ O)LL <C 0 It) It) 0 ~ ...... CO D:: 0) ai3 w ::::l g c( , lO 0 r 31I':JSOLlCN I ~ - ::::) () 'It Z ! e ! 0 I!! I- ~ t B+ l- lK ~ '" :: i; N ~; i w ~ I ~ ~ ll.. I -<""" ~~ 1IW^"""" aermo \II.." a.. 1 II ~ ~ ... BN ~ g <( N "i; ~ i~ """"""'" oil i:i ~ I ~ I ~ :i\110 ... a Z Ii ~ iml il!!ll ~ 0 .. i~~ "I~; ~ f - i ~ ~ l- I 1IW^"""" IMllTI _AnlOO ~ <( h e ~ _ VlIM () ~ B. e m 0 9 iil iii.. ~ Ii" Ii" mR ~~ ~ i; :;I i ~ I~ to i~ i ~ 'l .....I ~- I I j ~ I It - aLVJ.aBlHI ~~ 112 Ii " ~ ""'" N<WItlNW1 It) 0) :::l !!! ~ ~ ~ w o a.. !!!<C I; ~ Ie!) z z o N CllIVAJlIlOII NVOO1 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET Agenda Item No. 88 February 27,2007 Page 27 of 80 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [CU_2006_AR_I0550 PROJECT #2006070070 DATE: 9/27/06 KAY DESELEM ] ABOVE TO BE COMPLETED BY STAFF NAME OF APPLlCANT(S) COLLIER COUNTY GOVERNMENT. DEPARTMENT OF FACILITIES MANAGEMENT ADDRESS 3301 TAMIAMI TRAIL EAST. BLDG W CITY NAPLES STATE FLORIDA ZIP 34112 TELEPHONE # 239-774-8380 CELL # ___________________ FAX # 239-793-3795 E-MAIL ADDRESS:RONALDHOVELL@COLLlERGOV.NET NAME OF AGENT HEIDI WILLIAMS FIRM O. GRADY MINOR AND ASSOCIATES. P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239-947-1144 CELL # FAX # 239-947-0375 E-MAIL ADDRESS:HWILLlAMS@GRADYMINOR.COM . < . ~ ii .. .~~ .,' . .';: BE AWARE THAT cou~l'E.ft taiJNfyHA~'t6B'~YISt' R~tlJ~Tj~~~;'G'UII)~YbU RSEc~\:~i To",."" ,;,;,," < ," _. --' .. _ :"._,._':_-~!'; .,'__O""',\<,_<;;'~"':;__;',':"."'t;_~.".,:".",,,_,~':: :~!;.;',:_':"_:' . ..\,::",:",-~,..,:_.." 'i~:'-:";;.,:':,, :"':',:~" ~<'), \)L',,~i-i-"/':' ',":',,:'_',_,,_::"',':"',_''-: '~' ", ,~",:,:,:.' AtCORDINGL Y AND ENSURE THAT YOUARl;IN 'COMPLlANC~,.wITj-t THESE'. , ',:';>' REGUtAfto'NS}:." ,. ,'. " ("':::;; .J+, :iiC';'.!. "..':' ,.f:!:}>;:.:>'+\'.i!.,':?'.i:;.;,:"n:;~.5t~',i(, "","-,> >_,~:", :1"~:; ':', " I ,,~, ",f",--;; -: ,{~." -- ,~ ; "t_;,_~ ';;",::,<:: ;~:;',<_'/-:;J( '::~, "~,~:: ~ "','c" ,;:~<, ,~_/~::"'- .'-,,' . '.. APPLICATION FOR PUBLIC HEARING FOR CONDIT/ONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 r Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION MAILING ADDRESS 140 WILSON BLVD. S. CITY NAPLES STATE FLORIDA ZIP 34117 NAME OF HOMEOWNER ASSOCIATION: LOGAN WOODS/SANTA BARBARA CIVIC ASSOC. MAILING ADDRESS 5370 12TH AVE SW CITY NAPLES STATE FLORIDA ZIP 34116 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ____________________ CITY _____________ STATE ______ ZIP ________ NAME OF MASTER ASSOCIATION: _____________________:...______________________ MAILING ADDRESS ________________________ CITY __________ STATE ____ ZIP ______ NAME OF CIVIC ASSOCIATION: _______________________-'_____________________ MAILING ADDRESS _______________________ CITY ___________ STATE ___ ZIP ______ , DISCLOSURE OFIN,TEREST INFORMATION .,,5 ." .. ;.-.... .....,. ," .",' "..:l.:;.--;-":,z,:":".: . . t..;' "~ ...... -..,' ......... I ':.",' " '-r..~." ',' . " a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Collier County 3301 Tamiami Trail East Naples. Florida 34112 Folio # 41 820800009 100% b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership APPLICATION FOR PUBUC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 Page 29 of 80 c. If the property is in the name of a TRUSTEEj 'list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: ________________ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No, 88 February 27,2007 Page 30 of 80 f. If any contingency clause or contract terms ~nvolve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- g. Date subject property acquired [gl 03/2004 Icascd g Tcrm of Icase _________ 'Irs. / m 0 s. If, Petitioner has option to buy, indicate the following: Date of option: __________________________ Date option terminates: _________________, or Anticipated closing date _____~____________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPLICATION FOR PUBLIC HEARING FOR CONDlnONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27, 2007 Page 31 of 80 Detailed legal descriPtion of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 n to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 04/49/26 Lot: ______ Block: ________ Subdivision: ______________~____________________________ Plat Book ____ Page #: _________ Property 1.0. #: 41820800009 Metes & Bounds Description: Please see attached Boundary Survey SIZE OF PROPERTY~ 170 ft. X 568 ft. = Total Sq. Ft. __________ Acres 2.23:1: ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: Property is located at 790 Logan Boulevard North. It is southeast of the intersection of Vanderbilt Beach Road and Logan Boulevard. :tlf.AD'ij(CE1\F' .. .", '.',',":'..:""",.',," . ..''J.e.. ........ .., .,.,_ ',c",i Zoning Land use Vanderbilt Beach Rd.. Island Walk PUD attached single family residential Single family residential Countv sewage pump station Single family residential N ROW. PUD S Estates E Estates W Estates Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). YES Section/Township/Range 04 /49 /26 Lot: _________ Block: ___________ Subdivision: Golden Gate Estates Plat Book 9 Page #: 45 Property I.D. #: 41823400009 Metes & Bounds Description: GOLDEN GATE EST UNIT 95. W 180FT OF TR 44 APPLlCA nON FOR PUBLIC HEARING FOR CONDlnONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27, 2007 Page 32 of 80 " ., CO NDprlGNAL USE, REQUEST . DETAIL.,.,,: .' , ',' '..,:..,1 Tvpe of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.01 of the Estates zoning district for a "safety service facility". This CU is permitted under LDC Section 2.01.03.G.l Present Use of the Property: The subject property was cleared of a sinqle family home and is now vacant. '." EVALuATION CRITERIA ;l! ,i" ';)',<:J;." ,\7: I ."', ~ .;2..: ;~:~':' ,<.;;-: ~ -'~:';k~: , ,i; .<.--~ Evaluation Criteria: Provide a narrative statement describing this request for conditional use. This Conditional Use aoplication would authorize the 2.23+ acre site for use as an Emergency Medical Services facility. The prooosed facilitv is located on the southeast corner of the intersection of Vanderbilt Beach Road and Logan Bouleyard. Th is location would reduce emerqencv reSDonse time due to its access to two maior roadways. The site would be developed with an EMS station of approximately 5.000 square feet that would include two vehicle bays. sleeping quarters and offices. The Droperty will also orovide adequate parkin"g areas. landscaDing and internal vehicular circulation. The remainder of the site would be left as wetland and native preserve area. . NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The proposed Conditional Use would allow an emergency medical services station to be located on the southeast corner of the intersection of Vanderbilt Beach Road and Logan Boulevard. This 2.23-acre Darcel is designated Estates on the Collier County Future Land Use Map and the Golden Gate Area Future Land Use Map. which is incorporated into the Golden Gate Area Master Plan (GGAMP) and is consistent with the Future Land Use Element of the Growth Management Plan (GMP). The GGAMP contains specific restrictions on the location of potential conditional uses. Under the "Essential Services Conditional Use Provisions" the Plan does allow "governmental facilities", as further defined in section APPLlCA TlON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27, 2007 2.01.03.G.1 of the Land Development Code (LDC). including safety service facilit~ 3.lsoh80 Conditional Use. Policy 5.2 of the GGAMP encourages maintaining a careful balance between the Drovision of infrastructure and retention of the rural character of the Estates District. The proposed EMS station is necessary to the health. safety and welfare of the citizens of the area. By locating this station adiacent to a maior thoroughfare response times to emergency calls will be decreased and residential uses to the south will be distanced from the expanded roadwav. In addition. a large portion of the site will be preserved for native vegetation and wetland protection. The location of the proposed site provides a necessary service while the conceptual site design is sensitive to the nature of the Estates. Therefore. the proposed Conditional Use is consistent with Policy 5.2. The Trip Generation Report indicates that the traffic generated by the EMS station is minimal. The traffic Clenerated will not significantlv impact the surrounding road network. so the oetition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. The conceptual site plan indicates a potential development plan including the bUilding footprint. parking. landscape buffers and preserve locations for the site. Minor modifications may be made. but due to the presence of onsite wetlands. it is anticipated that the site will be developed as shown. Access is proposed to both LOClan Boulevard and to Vanderbi It Beach Road to facilitate efficient response to emergency calls. All development standards will be consistent with the LDC at the time of Site Development Plan review. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The proposed EMS station is aoproximately 5.000 square feet. Access points to the site are located on both Logan Boulevard and Vanderbilt Beach Road. The subiect property is located on the corner of a maior intersection and emergency response vehicles will require the ability to move in all directions. The conceptual plan is designed to facilitate efficient response times without compromising the safety of the traveling public. Internal traffic flow is provided as a function of this flexibility. which will also aid the response to any potential onsite emergencies. Pedestrian safety will be accommodated by provision of sidewalks and crosswalks as required by the LDC at the time of Site Development Plan review. C. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed conceptual site plan minimizes imoacts to neighboring properties. It is anticipated that approximately two-thirds of the site will be preserved. The nearest residence is adiacent to the preserve area. Adequate setbacks and landscape buffering will decrease the immediate impacts of noise and glare. No economic impacts or effects from odor are anticipated. . d. Describe the sites and the proposed use's compatibility with adjacent properties and other properties in the district: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E- 4/14/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 The subiect prooerty is immediately adiacent to two maior roads and two Ffe~ ~it:ft80 Estates zoning. The lot east of the site is owned bv Collier County and houses a sewage pump station. The lot that is south of the subiect oroperty is developed with one single-familY house. Potential impacts to residential lots will be reduced bv installation of adequate landscaoe bufferina. including a six-foot hiah wall. and by the orientation of the building on the site. The intended layout locates the station as far from existing homes as oossible. These factors combine to ensure comoatibility with neighboring prooerties. e. Please provide any additional information which you may feel is relevant to this request. The subiect orooerty was purchased in full by the County in 2004 for right-of-way acquisition. Planned road improvements intensify the intersection and make this site less desirable for single-family residential develooment. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use oetitions on the subiect orooertv: 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 Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan}, drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation 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], . locations of solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 Page 35 of 80 . 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, · location of all signs and lighting incl uding a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. 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. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. The petitioner must provide a letter of no objection from the Un ited States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 i. . 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. BE ADVISED THAT SECTION 1 O.03.0S.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING 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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03, rev S/20/200S Aoenda Item No. 88 ~February 27, 2007 Page 36 of 80 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WICOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explainino the proiect 20 X Application (completed & signed) (download from website for 20 X current form) * Additional set if located in the BayshorelGateway ITriangle 1 X Redevelooment Area) Addressina Checklist siqned by Addressinq 1 X Pre-Application meetinq notes 20 X Conceptual Site Plan 24" X 36" plus (one 8 ~ X 11 COpy) 20 X Copies of Warranty Deed( s) 2 X Completed Owner/Agent Affidavits. Notarized 1 X Environmental Impact Statement (EIS), and digital/electronic X copy of EIS or exemption justification 4 Aerial Photographs (taken within the previous 12 months) 5 X Statement of utility provisions (with all required attachments & X sketches) 1 Traffic Impact Statement (TIS), or waiver 7 X Historical and Archeoloaical Survey. or waiver 4 X Copies of State and/or Federal Permits NA Architectural Renderinq of Proposed StructureTs) 4 NA Electronic copy of all documents and plans (CDROM or 1 X Diskette) Letter of no objection from the United States Postal Service. X Contact Robert M. Skebe at (239) 435-2122. 1 ~~, Applicant/Agent Signature September 20, 2006 Date Agenda Hem No. 88 February 27,2007 2800 NORTH HORSESHdlatMtMof 80 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- CU-2006-AR-I0550 PROJECT #2006070070 DATE: 9/27/06 KAY DESELEM COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 l: . hi . PRE-APPLICATION MEETING NOTES F Il2J~~ & SUBMITTAL CHECKLIST ~~~ O~T.e..:: au.:u ffi^ \j Q( Date, 'I-~~-OC? T;me: 8:,30 Plannen KAy '])ESELF-H ~ ~ Project Name: -;to.-::t>-", 'hr'f '..{~ 'E M5 S-tol1()v\ :i:t=7::J- ~5 Project AddrfLocation: teto U9j3C*n ~ud ~ '.' .. C()NI)ITIONA.LU~EP,ETITIO~.. . Applicant Name: S'-"O f()n t J... ~(\ \'011 r Firm: Q. &ra.d,j \-J\\ no r Currenf Zoning: ~ St-o..1-~c; Owner Name: Co \\IQQ Coun~~ Phone:~ Owner Address: -.... Phone: ~~~&fi~ll&4tif~iUie~~:(:ttlficH:Si~i]"lSi~d~.' . 5 000 rh ~ lJ"a 9 e r't\pl&rJ ..,.,.... .. .~i...............,.....'-. ...... t..........". '.', ~,~s". ...:'!t:" ........"..J.lt~~::.J -'1~S 'ElJ\S 011\ . NOTES: . . . '\10 U.SL ()(\~\te...- was. -tnCf\ d.auJ"f) .' __ tf\OE>W ,?Uffi~ s.~~~tn\ \A (\Q..~l-cta6( I "'(o(J~ pv.t ~ : r (~c ~-e..... J {../foJ" i4 ~ 4t.fc.//(f J f:t:t- {..r ~/~ 1rl-11(...s 3FUJ(y\'~ WILL ..pt"Olhlr (VA n....R ffJtfIJ iVG G:."f'r1 f::.!UT Gn\J\'~- pl[~ O~"\l;.,\ wll=-lUC(~auedtl~ j (O'{tl-Prc.vI'\}7(',(,'W"I ~'r:lfC~+-aF -€.,cl'G-\\Y\~ ("'O..~'tr{ ~~ktY\ (-(Krlvd\<I<j t-V\tj ~ In tc\l..J'L ube\ Dn...HK plAn. j I L') p'DV\~ ~,~L--Ue. P'u\Zui~ wrv'tt\ '\J"Tro(\C"''''~ u..,-{+W d...o*J"Y'L, CNC\JVL-nOv\ eN' plClf1 $ ~ ?~ ~ HD1t3 QJJ ~ ptAr\.)) ~ 15' ~ pPs. tb ~D. ~~.l...'~,D W$. "to ~J lo'A ~.i~J 'FUMPppe..Cuie ~. ~,.n.~~ce fY1~ ~~ ~ . To ~O. c:NJ...X ~ ~\ol;M ~~ . 1 CONDtTIONAIUS~....... {Clf.)~rPLIC-~:n9N.; .... SUBM1TTAl.CHECKUST' Agenda Item No. 88 February 27,2007 d of 80 .h i THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXA.CT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITT ALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED ST ANDARD REQUIREMENTS: Cover letter briefly explaining the project 20 .v Application (completed & signed) (download from web site for 20 \/" current form) *Additional set if located in the BayshorejGateway Triangle tJ!A Redevelopment Area) 1 Addressing Checklist signed by Addressing 1 V Pre-Application meeting notes 20 V Conceptual Site Plan 24" X 36" plus (one 8 V2 X 11 copy) 20 V Copies of Warranty Deed(s) 2 ./ Completed Owner/Agent Affidavits, Notarized 1 V- Environmental Impact Statement (E1S), and digital/electronic copy of ~ EIS or exemption justification 4 Aerial Photographs (taken within the previous 12 montns) 5 V- Statement of utility provisions (with all required attachments & V' sketches) 1 Tr",H;,.. ,~.~. \ \- \ \:) ~Jn t,fn\ fl^ hI 7 V '~I' Historical and Archeological Survey, or waiver ...J 4 v.' Copies of State and/or Federal Permits ~ NA Architectural Rendering of Proposed Structure(s) 4 ~ J'.j.p.., Electronic copy of all documents and plans (CDROM or Diskette) 1 V Letter of no objection from the United States Postal Service. \,/" . Contact Robert M. Skebe at (239) 435-2122. 1 Applicant/Agent Signature Date 2 .~ .. Agenda Item No. 88 February 27, 2007 Page 39 of 80 FEES: ~ Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required.) t $4,000.00* $1 50.00 $300.00 ~ $760.00 $363.00 .N{1t\ $2,500.00 Application Fee Fire Code Review Comprehensive Planning Consistency Review Estimated legal Advertising Fee - cepc Meeting Estimated Legal Advertising Fee. BCC Meeting (any over. or under-payment will be recanciled upon receipt of lnvoice from Naples Doily News). EIS Review, if required *$1500.00 If filed in conjunction with 0 rezone petition OTHER REQUIREMENTS: ~ ~EE.D r~ "Po-Q. "?"-E-APP 'o~ -furJs:\1-o.n~ o D D' :pro~\<kJ.. c.~ '* ?it. c.W'r>I:)b \.o~ Applicant I A gent Signature . Date 3 Agenda Item No. 88 . February 27,2007 Page 40 of 80 - - - - - - .. - .... 1- t"'. ~ Agenda Item No. 88 February 27, 2007 Page 41 of 80 ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every pro;ect. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) Golden Gate Estate Unit 95 Tract 19 0 ~ - 4- q - c. b 2. Folio (Property ill) number(s) of above (attach to, or associate with, legal description ifmore than one) 41820800009 3 _ Street address or addresses (as applicable, if already assigned) 790 Lo[!an Boulevard North 4. . Location map, showing exact location ofprojectlsite in relation to nearest public road right-of-way 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type -:- (Complete a separate Addressing Checklist for each Petition Type) o o o o o D o ~ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development naines proposed for, or already appearing in, condominium documents (if applicable.; indicate whether proposed or existing) SDP (Site Development Plan) SDP A (SDP Amendment) SDPI (SDP Insubstantial Change) SIP (Site Improvement Plan) SIP A (SIP Amendment) SNR (Street Name Change) Vegetation/Exotic (Veg. Removal Permits) o o o D o o D o PPL (Plans & Plat Review) PSP (preliminary Subdivision Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Permit) ROW (Right-of-Way Permit) EXP (Excavation PeI1I1it) VRSFP (Veg. Removal & Site Fill Permit) 11. Please Check One: [gJ Checklist is to be Faxed Back D Personally Picked Up 12. Applica.nt Name Sharon Umpenhour Phone 947-1144 Fax 947-0375 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number \ 0\ (.,,1' Address Number \ Ol.c" ~ 3 Address Number Address Number Approved by Jll "'- ~ f\['us"~(LW\ Date -"\ -\ t)- C ~ ~n lAo'J~\ [ a:l 0 CO ro ci '0 Z -N V) V) E "<t W 2 OJ ~ OJ Q Cll 0... Q <t ~ :::! J <t .~ :e 0 > LlI Q) 0::: J - - ~ C <V N-~ Q) E Co (()~ ..2 Q) =: rJ' u. > I 0 Q) w m e c:Q r-~ w :e \f'T I- -a ;::) ~~ < c Z ~ -,- 0.-" a ~~ .... w --. ~ ~ Z I ! ol.S 0 1'('\ tv tn :t: ~rv) C D. '-:r : ~~ c ~ tv tJ-., ~~ ~ ~ .... === 0 - ~Vj c Q) I~ ... c B~ - ,- ... u. ~ a .. := c- o S:~ Q) l- e D. w & Q <~ <;; -- "<t Z 0 ~ .0 0 C"> 1 v; .... ~ N .. a 6J a; ~ E ~ ~ :> C1J I I~ ~~ ~ W N- -ai 0 ~ -- CI.l ,Z "" C1J -- :::) ~ co \f) C 0 -0 U (!) \~ ~ rfJ L fa 'S; (!) ~ .... ..- ~ W M () 0- 0 "0 N -i I 0 M to ..- N N 6 .. I ..- 0::: 0- 15 w M (!) Z N .c w rfJ :E Z w .~ < <t ... :e c Q) Ol Z .... ..c <( 'en c.. l- E z -0 U C (!) ;:) rfJ W W 'S; """l Z Z ~ 0 =: C) Q) rfJ LJ c a. IQ. V) a. 0 <1': Vl ..c I <t (!) Q.. ~ LL . -- . co co ,- .... <( :If w =' LLI co :e :;:) z w Z o :J: Q. J- Q. W C -.... Z ' 0:: -CI::: V)_ ::;:u.. - .. c 0 )0- J- Z ::::;) o u '<t o ~ N - 0> ~ N- O i?> CO " Q) "'. .;;: ~ (.) o " <i- o I ~ t;l o ...... Q) Q) .J:: en .J: c: Ol '(;5 " Q) '" .;;: Q) '- Vi Cl. 1 ct -- u..: LU :E -< z letails Folio No.1141 820800009 .M.im Owner Name'j COLLIER COUNTY Addressesl 3301 TAMIAMI TRL E City II NAPLES -.' Current Ownership Property Addressll790 LOGAN BLVD N Agenda Item Ncf.8~e 1 of 1 February 27, 2007 Page 44 of 80 : ~ ., Statell FL J ziPll34112 - 3969 J J Legalll GOLDEN GATE EST UNIT 95 TR 19 Section Township Range Acres 04 49 26 3.23 . Sub No. 355900 GOLDEN GATE EST UNIT 95 ~ Use Code 86 GOVERNMENT Map No. 4B04 Strap No. 355900 19 04B04 -'fl Mlllaoe Area 46 "e M.1IWm 12.7013 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 175,950.00 (+) Improved Value $ 93.871.00 (=) Market Value $ 269,821.00 I (-) SOH Exempt Value I $ 0.00 I (=) Assessed Value I $ 269,821.00 I (-) Homestead and other Exempt Value $ 269,821.00 (=) Taxable Value $ 0.00 Date Book - Page I Amount I 03 I 2004 3.S.~;L:.U!l I $ 328,000.00.1 07 I 2001 ~ll..5S-=--11H I $ 0.00 I I 04 /1987 1259.847 $ 64,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- '" . 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DeselemKay Subject: Location: Start: End: Recurrence: Meeting Status: Required Attendees: l'\qenda Item No. 88 February 27, 2007 Page 46 of 80 Pre-App - CU - Sharon Umpenhour, Agent - Kay Deselem, Planner Conference Room C Thu 7/27/2006 8:30 AM Thu 7/27/2006 9:30 AM (none) Accepted CDS-C; DeselemKay; HillWes; wiley-r. CasalanguidaNick; seoted; muHer_r; AblerKenneth; ScamehornKeith; DeltoroZamira; jarrell-p; Tindall-p; weeks_d; bedtelyonJ; seaLs; SawyerMichael; RoysLaura; sumpenhour@gradyminor.com Pre-App - CU - Sharon Umpenhour, 947-1144, representing Q Grady Minor. Requesting a CU for the development of an EMS station on a 3.23 acre parcel. The site will be developed to include the EMS building of approximately 5,000 SF, which will include a kitchen and sleeping quarters, equipment storage, two EMS vehicle service bays, along with staff parking, for property located at 790 Logan Blvd N, Folio No. 41820800009. "-,-~-.' ..... - . 1 Book 3523 - Page 910 I i 1 I 1- 3362253 OR: 3523 PG: 0910 iJCOlD'lD II orncu], DClIIDJ of CGl.Lm mm, n Ollll/20GI It Dt:!U1ll1lGn I. IGel, CLIO COIl mODO .00 IIC nI IMD Utll: IIDns~ !ItIJ 'leI DP Return to: MIDWEST TITLE GUA.RANTEE COMPANY OF FLORIDA 3936 N. Tamiami Trail, Suite A Naples, FL 34103 (239)262.2163 42SJOf WARRANTY DEED THIS W AlUlANTY DEED made 1hc ~ day of /J1 dl1.it ~ ,2004, by Thomas A. TomUa, . single porson hmeinafW called the grantor, to COLLIER COUNTY. . political subl!;visiOll of the stale of Florida, i13 successors and assigns bcninafu:r callc4 the snm=. ....hose poGt offICe addrus is: 3301 Tamiami TraO Eesl Nopleo. F1 34112 (WbCl""C'YeI" used herein the rerms "granlOl'" and ~gnm_ft include all the parties Ie this inamlmcmlllCl the heirs, legal RprCSelIlatives IIId usllJ1S of individuals, IDe! 1M successors II1d _Igns of corporations.) WITNESSETH: 'IDal the grantor, for IIld in consideration of the sum of $10.00 ond olilor valuable c:onsideratiollS, receipt whereof is hereby IClcnaWledged, hereb}' grans, bllrgalnl, sells, uslllJll, rem=. relcua, conveys and c:onf"'um& unIO the;nmt=. all thatcon:ain Ian4 situate inCollior County, Florida, viz:{polio No: 4) 820800009) ..... . ". V.... y V Tnct 19, Gold." Gallo Estates, Unit No. 95, in accaniance with and subjcclto 1M pial recorded In Pill Book 9, JllIiII 45, Public Records of Collier County, Florida. TIns PROPERTY HAS BEEN ACQUIRED UNDER 1HREA. T OF CONDEMNA nON AND IS EXEMPT fROM DOCtIMENTARY STII.MP TAX. THIS CONVEY ANCE ACCEPTED BY THE BOARD Of COUNTY COMMISSIONERS, COLLIER COUNTY, !'LORIO^, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 2002-463 DATl!O NOVEMBER S, 2002 TOGEnlER with all \he _ellls, bereditaments and appurtenances thereto belonginl or in anywise appertaining. TO HAVE AND TO HOL.D.lbe some in fee simple forever. AND 1hc grullDr hereby co"""ants with said grantee that the gmtter is lawfully seized of said land in fee simple; that the grantor hlZ good right and lawful authority to selland coovey ..Id land; that the grantor ~ fu.IIy warTants the title to said Imd and wnI dcfe1lcl the same against lb. lawful claims of all penons whllllllOllYDr, and that said land iJ free of all cnc:wnbraru;cs, except taxes acCTUing subsequent 10 December 31. 2003, and lIUCITIartI, restrictioos and reservations of t'CCOrd, and ClISemeRlS and restrictioos ~ammon 10 the subdivision. nm:/ /WWW .c-.oll;e:r~nnr~; ~~T. ('.om/vi f\wP.T'llm ~ 1Yf\. ~~n? Agenda Item Ncp,~ 1 of 1 February 27, LUcri CU-2006-AR-l<8SQe 47 of 80 PROJECT #2006070070 DATE: 9/27/06 KAY DESELEM Q!7 noo(\ (i) :CU-2006-AR-I0~nda Item No. 88 PROJECT #20060f1ot1.Ory 27,2007 DATE: 9/27/06 Page 48 of 80 KAY DESELEM AFFIDAVIT Well, ___2K.~-U-~--------------- being first duly sworn depose and say that well am/are the ow~ers 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. We/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 information has been submitted. As property owner We/I further authorize O. Cradv Minor and Associates, P.A. to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property wner 5lif-~'Vl!~;Li~J2!..-~r Typed or 'Printed Name of Owner Typed or Printed Name of Owner The foregoing Instrument was acknowledged before me this _!d!_ day of' kp2I~~ 2006, by -;-~a____~___who is Qersonallv known to me or has produced ________________________as identification. State of Florida County of Co!!ier (Rd~ ~ ~ (Signature of Notary Public - State of Florida) __f:0~__~___E1JJ~~AvJ (Print, Type, or Stamp Commissioned Name of Notary Public) APPLlCA TION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 Page 49 of 80 RESOLUTION 07- A RESOLUTION OF THE BOARD OF ZONJNG APPEALS PROVIDlNG FOR TIiE ESTABUSHMENT OF A CONDmONAL USE TO ALLOW AN "EMERGENCY MEDICAL SERVICES" FACll..ITY IN THE ESTATES (E) ZONlNG DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.01.03.G.1.e., FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67..,1246, Laws of Florida, wid Chapter 125, Florida Statutes, has conferred on Collier County 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 Developmen~ Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for an a .safety Service/Emergency Medical Facility in an Estates Zoning District, pursuant Land Dev~lopment Code Section 2.01.03.G.l.e, oil the property hereinafter described, and has found asa matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concenring all applicable matters required by said regulations and in accordance with Section 1O.08.00.D of the Land Development Code, as amended; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COlLIER COUNTY, FLORIDA that: The petition, identified as CU-2006-AR-10550, filed by Heidi Williams of Q. Grady Minor & Associates, P.A., representing the Collier County Government Department of Facilities with respect to the property hereinafter described in Exhibit "B", and the same is hereby approved for Conditional Use as allowed by Section 2.01.03.G.l.e of the Land Development Code in the Estates Zoning District, for a Safety Service/Emergency Medical Services Facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions found in Exhibit "D", attached hereto and incorporated by reference .herein. Page 1 of2 Agenda Item No. 88 February 27,2007 Page 50 of 80 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .2007. A TrEST: DWIGHT E. BROCK., CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA , DEPUTY CLERK BY: JAMES COLEIT A, CHAlRMAN Exhibits (attached): A. B. C. Findings of Fact Legal Description . . Conceptual Site Plan, entitled, "EMS Station #73 ConditI?naI Use" revised on 10/30/06, which is prepared by Q. Grady Minor , & Associates, Inc. Conditions D. Page 2 of2 Agenda Item No. 88 February 27, 2007 Page 51 of 80 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006~ AR~10550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes-L No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access i[] case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or --.0ffect mitigated by Me.-<- ( vJ ct II ( _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based 011 the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: l ... { ...-~/ 07 CHAIRMAN: EXHIBIT A ,A.genda Item No. 88 February 27, 2007 Page 52 of 80 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional llse will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborllood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes1 No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastl'Ophe: Adequate ingress & egress YesL No_ ~. C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated by J"",/h.rr _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ^- No Based on the above fIndings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / -I J-... t:) 7 g,'r;' IJ, (., ~ CHAIRMAN! cd~ { ,,4',. EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 53 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-105S0 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with )pe Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ,egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or _ Affi:ct mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7n district Yes_ No_ DATE:/ --;! ,. () 7 . MEMBER: ;t:/~r V/tt,( /orr,' Based on the above findings, this conditional use should, with stipulations, (co~ (should not) be recommended for approval <text>. EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 54 of 80 ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0S50 The following facts are found: 1. Section 10,08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency f 1M Land Development Code and Growth Management Plan: Yes_ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ( Adequate ing/s & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No a~t or _ Affect mitigated by -L Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use/thin district Yes_ No_ ( Based on the above findings, this conditional use should, with stipulations, (copy attached) :::d .;t);; re;mmendod fur approvw ~e:MBER: ~~ ~ EXHIBIT A I ~ Agenda Item No. 88 February 27, 2007 Page 55 of 80 ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU.2006- AR-105S~ The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,.,.- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control. and access in case of fire or catastrophe: \ Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: r,/ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ Based on the above findings. this conditional use should. with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: f JIll 0 1 , '- ~ MEMBER: ;;. ___ EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 56 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. 2. Section 10.08.00 of the Land Development Code authorizes the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with t~~evelopment Code and Growth Management Plan: YeSLNO_ B. Ingress and egress to property and proposed structures thereon with pmiicular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offrre or catastrophe: Adequate ingress ~s YesZ~:-~ A~~cts n iihboring properties in relation to noise, glare, economic or odor effects' . _ No affect or _ Affect mitigated by _ Affect cannot be mitigated C. D. Compatibility with adjac t properties and other property in the district: Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>, DATE:I~/f/O( MEMBER:~ EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 57 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I05S0 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of~ A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesL- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. MEMBER: 7::' bf# DATE: 1-- /~-o 7 EXHIBIT A ,L\genda Item No. 88 February 27. 2007 Page 58 of 80 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes \/'" No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate il1jS & egress Yes_ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor e7: _ No affect or _ Affect mitigated by _Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district yes/ No DATE: l}li/7 MEMBER: \3YlfW S(~IH.{s~ Based on the above findings, this conditional use should, with ipulations, (copy attached) (should not) be recommended for appl'Oval <text>. EXHIBIT A \ Agenda Item No. 8B February 27, 2007 Page 59 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes f/' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~. No aff~ct or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district /' Yes t. No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: JII//(}'! I I MEMBER:}i~'111L.. ~jt( (lIV) ~ EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 60 of 80 LEGAL DESCRiPTION TRACT 19, GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK.' 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA. LESS AND EXCEPT (EXCEPTION 1) THE NORTHERLY 35.00 FEET LESS THE WESTERLY 50.00 FEET OF TRACT '9 OF GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK 9, ". PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA. . CONTAINING 21861.59 SQUARE FEET OR .5019 ACRES, MORE OR LESS. ALSO LESS AND EXCEPT (EXCEPTION 2) COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 19; THENCE N.89'31 '02" E., ALONG THE SOUTH LINE OF SAID TRACT 19, A DISTANCE OF 50.00 FEET TO ITS INTERSECTION WITH THE EASTERLY BOUNDARY OF THE 100.00 FEET ROAD EASEMENT FOR LOGAN BOULEVARD, AND THE POINT OF BEGINNING; THENCE N.00"28'58"W., ALONG THE EASTERLY LINE . OF SAID ROADWAY EASEMENT, FOR A DISTANCE OF 175.40 FEET; TO A POINT LYING 35.00 FEET SOUTHERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO THE NORTH LINE OF SAID TRACT 19; THENCE S.89"54'03" E., ~ PARALLEL WITH THE NORTH LINE OF SAID TRACT 19, A DISTANCE OF= 71.90 FEET; THENCE S.02"5S'14"W., A DISTANCE OF 174.96 FEET, TO A ~_ POINT ON THE SOUTH' LINE OF SAID TRACT 19; THENCE S.89'31'02"W., ALONG THE SOUTHERLY LINE OF SAID TRACT 19, A DISTANCE OF 61.86 FEET TO THE POINT OF BEGINNING. CONTAINING 0.269 ACRES, MORE OR LESS. EXHIBIT B cor--o ..SP 25 co "'\1'0 r--:..,.- ENlO Q) >- (l) ==\-0') CilCilCO '"02D.. c.J::J Q)(l) OlLL <C " " " " " " " " " " " " " " " " " " " II 1/ " 1/ 1/ 11 1/ " " If " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " II " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " ,I I' " II ,I ...~,. =::;::=~.::;::.:::~P' ~~~::::::~I ======-- ---::."==."::..~".... " -, -- '- " " " I, 'I " II " " " " " " " " " " " " " " " " " " III ,. .~ il , p.1 0, I lj, 11 iill !~;U w g~ ,," ' ' 'I ,," " I !~ ,:: ~ : . .~ ,," " ' ' . ;, ii ::: @I~~ ~~ ....:: Ii I r+----+----+ ~o F If ~ ~ 'I' ':' ----,---..--,. · n \~il :i; , + +' ,,~:~m , :: :: ' : ' . . " .J "; :. 1! !! i:'1 ! + ,i + + ~ + ~ ~ 1+ + + ~ ,! ,. ! ~ ~ ~ ~ ~ ~:: I:: 77 7l ,~!.g"'...1S '" " ' .:.. ,,: . s II:: :: : :, !.: I. · r::: ::/: I + +f;; + +, ~ !:- :::: :: : ':" . !. ~.I :: :: :: I : · · .' · .: ." ! :: 1\ ::11 · · :. d~ . :: :: " , . . . ,0"' ! :::: :: : '1 1~~ ! Ii 11 ji/ i" .~ ~~~ ,I :: II ::" ;' ,.1 :: II ,,:," , ..iil iil Ii ii iill I:! ~~I : ~~i !~~ ~ " " ' I ' ,_:! - W ia! :::: :: I ,:1: I lU~.1ii S ,'~" I:; II It II I : ," If ' " :: I :" ,_, ,. - · · I"' ..' :::: ~ ,:: :,: " ' 'II!! :5 :~: ~ ~ID :::: i! 1:: :!: II ' ~ · ,I.a 3 ii I::: :x: I'l' :,:.1 .' ~I:!~'" ~ ".11 ii" ~ :i 11 i' 1 !l : "~ ~ · ;~' :::: ; !! :!.:i : " i !S~ .i.' ~.; :::: Iii :: I:"" : " ' .KO ~ "::iifilJO d !!1~ "" IX "'ii ,- , II - .~;" ~ · ! · ., :::: ~ I: :\l!! :1 : i I ~.,ili dl ll. ,:I!! ~ j:j It- ~ ~ ,.., . ::: :1: . I ""' 0 ,'~c;lU ~ 1-:' "it!: Jil, :::: ~ " I ,-' ""' i' ~ ' > · · "" :: f'-:': i.e'.' -~ .. I~'II~ II :: ", ,0-+_ ' ,,~ ~ \:g ~ II' B ~ :: :: II ~ : _ , I ~ 01 Il: , B !i a il II II :: /"' .L ' I, . :: :: ~: ~ i ,,- ' ! "" 'I liD ,- :: :: I," II Ii, :::: I: I ;~ :1 · U II :: I' ":i ! :::: ,,' , " II:: ::.:' ,~ ~~"'lifll~" r: n ::'. ~. :i ' · U II II I "" "I I !l!liU :::: ::: I WoSd'" "" ,,' ;' llJ} (": i · ~ i . ~ IJ : " · I \i ,~ ,~ b~!! '" ,t ,I .,..,. ' ~ ~19;i tli I'''' :, .,.., ' .,~ ~ I~ : '''<lJ · 0 " ':' ,..-- . ~ ,\' I --======-- ,! ..~ \!: --=====- , -.----/, \ ,'___ ~~ ! ------1 ' , 1 - --------/ '--- ..' ,----- . 'i ~ : ,..".....}!'G'NOOU,"';,;,;;--------- --,__--\-L '. · I; I' ,-c=~=~=~;:~:::::::~:::.............~....~~~.. i ~;! d'i /.~~~.------".~--f-..--~=.~:~~~~~ -~=~"<i~..,. III I" ,--- ---- f -, ,----!. i~ I ----:: II ::=::=::=:; (~:=_J 'I:: : " ' " " dl " " " " rr)) 1111 II It 1111 n II lilt II Ii II It Ii II II U 1111 UlI It n 1111 It II lilt 1111 IlII 1111 1111 ~i ~ 5if g~h V> I" V> OIl < I! ! I cliJ; . Iii ~ ~!i~ i ~=" j E ~~h ~Iii ! t.:l i 6'g I U I- ~ :z:: >< w Agenda Item No. 8B February 27, 2007 Page 62 of 80 CONDITIONS FOR APPROVAL FOR CU-2006-AR-10550 1. The eonditional Use is limited to what is shown on the conceptual site plan, identified as "EMS Station # 73 Conditional Use eonceptual Site Plan," prepared by Q. Grady Minor & Associates, P .A., dated October 30, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable eounty ordinances in effect at the time of submittal, including ehapter 10.02.03, Site Development Plan (SDP) review and approval, of the eollier eounty Land Development eode, Ordinance 04-41, as amended. 3. The applicant shall coordinate with Transportation Department staff to install an egress point from the site to Vanderbilt Beach Road during the SDP review process. 4. The directional median opening at Logan Boulevard North shall be for emergency vehicles only. 5. The applicant shall make road improvements, including providing a mountable curb for emergency vehicles in the Logan Boulevard North median and apron improvements to Logan Boulevard North as may be required by the Transportation Division during the SDP review process. 6. In addition to the required landscape buffer, the applicant shall provide a continuous 6-foot height wall along the south property line for a distance that continues to the beginning of the South Florida Water Management District wetlands not to exceed a distance of 267 lineal feet. 7. elearing limits shall be shown on the EMS Station # 73 site plan. 8. The EMS Station # 73 garage door heights shall be limited to 12-foot height. 9. The EMS Station # 73 site shall be limited to emergency medical services use only. EXHIBIT D G: Current! Gundlach/ Conditional Uses/ EMS Station #73/Exhibit D Conditions 2-9-07 ffii:;O __. 0 CO ,"'0 _-C"') c:N'" Qj >. a.J ::;:j...0') co COCO -020... c;-O QjQj OlLL <( " " " " " " " II " " " " " " " " " " " IJ II " II 1/ 1/ " 1/ " 1/ " " " " " " " " " " " " II " " " " " " " " II " " " " " II " " II II " II " II II " " " " II II " II II II II II " II II " II II II " II " " " " " II II II " " " II II " " 1/ " " " II II " II I' ,J/ =:;;::.::.::~~p' ~~:::::::~I ===-====":..":.- " " -, '\ '\ " '\ " " -, 'I II " " " " II II " " " " II II " " " " " " II II II II II II Ii " " II \, II " II \\ U \\ II \\ II U II \l It \\ It " II \\ II \\ II l\ 11 " II \, II \\ II l\ " !i :: II :: II II II U Ij n 1111 1111 1111 1111 1111 fIll 1111 1111 II II H :: 1111 II II II n II II 1111 'IU IIn II " 1111 II J/ II II :~ :: 1111 ,~ II till II II 1111 Ill' lt If II " II II 1111 IIn JIll fj II 1111 1111 1111 1111 1111 1111 It II 1111 1111 1111 1111 1111 1111 1111 1I11 II II 1111 " II 1111 tIll 1111 'III 1111 lilt 1111 IIII 1111 1111 1111 1111 II 1/ " " II II 1111 1111 1111 1111 llJ) (r)) 1111 1111 1111 II II 1111 lilt II n Ill! II II II n 1111 U II 1111 1111 1111 II tI 'I II 1111 till W 01 ~ll 111m ~~ e~$ ~ Iii f2 i! l~ ~i il ill "I ~~ ill II ' 2 i Ii; , :Ill ~I n: i ,.----.---.--- -l'JU' !11! i:l-:.... -:--;-:-r id iij ;11 i.!.... .,i . · . -I: l~nh ::li i :. .' II ..: ~ !. · ~ i i'! . .'" · I. i ~ ! " : : I" ..,1 ~.. i Jill !., . ,'.' · :, dl ,I n: ,-'4Y · .: ~i! III i i; i · .1 ~ ~n ,I "I :1: ~ + II iIi~; , ,,' :~ i I ". i! ill i; i II : ~~i !g~ ! I :1 i' i fi. it~ Iii i i: I 'I : 'i~~ ~!ii : i :~ 1 II ~ g I a !~~ "I: :1' .! I' "15ol~ I:' 'I: II ..' 0 · · I, il :_ : ! : I;~ ~ i~~ iil i!~ i: 1 _.I,,! I" mi ,~U Ii !r'l ii i .. i ~ ~ i · ,~.~ :: I: I i! i .. I 5~ ~ !;I ~ !~~. :: f- ," : i ~e' ,II 5 !...5 :: : ,{.+_ I .. ~ 0 ' :: I~' :L-' , I, ~ I " . " I I. ' :: l :1- I ! Ii . ii I I ,: I ~. :1 I ' ii,' g ii I ! :: ,:" I 1l;~1 Ii: [" :i I ~,:, ::1: :- : ~... (Ij! !i. : ~ r:'1 \: ,I ,____ I ill m' !l:rJCl. "I l\~, :r.'.. -- I · i'l li I" '..,.., - 9' I: ' i'''~<<-- I ~ Foil S rrl '. I,! --=::.=::.======,,=,,- . , Ii , ~ -._----': " ' , ,_ ~~ ' '___ 1 i : -__m____j " : --- ,----' II ~ i ,F"-""}~~ "',u;,AA;,----------~ - --i -- --+- L ' I! l'-j~o:::':::::;;;;;;;;;;:r:=.-.:~~:.,-........-~....~'-':'1 Iii I ~~~~:=--- ._-- ---- d't~ --,,--~--~-~,,-- -,~~---~~~-:-~-==~'~'~'~' I,. -, -====---- =If ----, r---- I i ----: '==::=----:\ /_-_m___J I~ ! II -----=::--- 'I!! : " ' " " ill " " " " ~ a: J: ~ <ll !::; ~ UJ ~ ~ ~ . ~ ::::. ~ <;:) ~ ~ ~ I.J .., '" ... ~ I ~ I !~ d I 51 ~ ~ ~ fl; u ~ ~I ~~~~ ~3h I Cl)i. ~ ~~U !J 15!U i ~ 7 Ie> ~. ~ ~~I' 91 i I ~ i~ I o i 6g I U t- ii - :r: >< w ~'l!!:! IE~ ~c:! ~ii Agenda Item No. 88 February 27, 2007 Page 64 of 80 Aerial Photo CU-2006-AR-I0550 Agenda Item No. 88 PROJECT #200607007Bebruary 27,2007 DATE: 9/27/06 Page 65 of 80 KAY DESELEM TRAFFIC IMPACT STATEMENT FOR COlliER COUNTY EMS STATION #73 Prepared for: eollier County Board of Commissioners Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 SEPTEMBER 2006 C~.qdf#J C. Dean Smith, P .E. FL 44147 G:\PROJ-ENG\CCU33\TIS\CCU33TIS .DOC CCU33 Agenda Item No. 88 February 27,2007 Page 66 of 80 COLLIER COUNTY EMS STATION #73 INTRODUCTION The Collier County EMS Station # 73 is proposed on a 2.23 acre tract located on the southeast comer of Logan Boulevard and Vanderbilt Beach Road in Section 4, Township 49 South, Range 26 East, Collier County> Florida. The subject SDP application requests approval for construction ofa4,985 square foot EMS facility with 9 employees. For a depiction of the project location please refer to the location map on the following page. SCOPE The following analyses are included in this report 1. Trip Generation Calculations presented for Peak Season Daily Traffic (pSD1) including the respective peak hour volume. TRIP GENERATION The 7th Edition Trip Generation published by the Institute of Transportation Engineers (TIE) does not include data for this type of essential facilities use. The trip generation calculations that follow are based on all 9 employees arriving or departing during a single peak hour. In addition> the station is expected to have approxiinately 5 emergency nms per day. If it is assumed that 2 emergency runs exit and return during the peak hour, this will add 4 trip ends to the projected 9 employee trip ends for a total peak hour volume of 13 trip ends. Similarly> the total daily traffic volume would be expected to be 4 trip ends per employee and 5 emergency runs, or 46 daily trips. DISCUSSION The total weekday trip generation for the project is significantly less than I >000 trip ends and the peak hour volume is significantlyless than 100 trip ends. The project impacts are not significant on the surrounding roadway network. G:IPROJ -ENG\CCU33\TIS\CCU33TIS.DOC ("'MY"" ,-... - .... ~ u '-" ~ o ~ o ~ ~ r.:.. ~ ~ 25 36 EMS STATION #73 CONDITIONAL USE LOCATED IN SECTION 04. TOWNSHIP 49 EAST. RANGE 26 SOUTH. COLLIER COUNTY, FLORIDA 1 12 NAPLES IIMMOKALEE ROAr (C.R. 846) 30 29 28 \ 31 32 33 34 6 VANDERBILT BEACHROAD i"\:___S TE ~. 4 .3 > ~ 5 o ~ 5 1I1 t- I ~ ~ et:l ~ g S! o 0::: 6 f-< [IJ o ~ >- - .....:l ~ I.:> o ....:! 7 8 9 PINE RIDGE ROAl (C.R. 896) LOCATION MAP Q. GRADY MINOR & ASSOCIATES, P.A. CIVil. ENGINEERS. LAND SURVEYORS. PL.ANNERS . LANDSCAPE ARCHlTECJ"S BONrrA SPRlNOS: . POJt.TNYElU . NORTH P01lT CZJq)O/,MW. (UlJMO-LSM 'INoOWWllll t..-u,"cr:r.__Cl_ ~taq..._..w_ ...wOItMt~T"""\."-"" WWW.GRADYMlNOR.COM Agenda Item No. 8B February 27,2007 27 - 1I1 ~ ~ u ~ ~ o o ~ ~ ....:! ....:! o U 10 @ .... .~ Agenda Item No. 8B February 27,2007 Page 68 of 80 Q) \- STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION NAME OF APPLlCANT(S) COLLIER COUNTY GOVERNMENT. DEPARTMENT OF FACILITIES MANAGEMENT ADDRESS 3301 TAMIAMI TRAIL EAST CITY NAPLES STATE FLORIDA ZIP 34112 TELEPHONE # 239-774-8380 CELL # FAX # 239-793-3795 E-MAil ADDRESS:RONALDHOVELL@COLLlERGOV.NET ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 790 Loaan Boulevard LEGAL DESCRIPTION /' Secti 0 n IT own s hip I Range .M./1.9./2..2 lot: _______ Block: _______ Subdivision: ________________ Plat Book ______ Page #: ________ Property I.D. #: 41820800009 Metes & Bounds Description: Please see attached Boundary Survev I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM (Z! b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM 0 PROVI DE NAM E __________________________ d. PACKAGE TREATMENT PLANT 0 (GPO capacity)________________________ e. SEPTIC SYSTEM 0 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/ /4/03, rev 5/20/2005 ,",' Agenda Item No. 8B February 27, 2007 Page 69 of 80 TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM r:gJ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME ________________________ d. PRIVATE SYSTEM (WELL) 0 tJtQ;i!.S;t;.:p~Bi~ffuQli~TQJ~~~~sERva~: N 1 A R'#:J.~~ji)(~1~1,;fig~~ai.~J.~[Y~Q'E&'~N:i\:)~"$ .....~~~~.~......h~.,I~<....,L~, ."...~..,. ....,..'... ..t_."...~.....". . 'Ill~~ A. WATER-PEAK 1.800 GPO B. SEWER-PEAK 1.800 GPO AVERAGE DAILY 900 GPD AVERAGE DAILY 900 GPO IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 3/2007 N~l~~~~:~mAl"i~Nft~ 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. No sewage treatment facilities proposed. ~,~li!glt~~NtI1i<t~Umf~Fnt:':pEt~l~rlbNisTATEMar;tr:, 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 or9inances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. ~~~~~i~~~~H~~~~~Unlessw~ved or :i!ll_;.;_..~__~,~,~i8:Ii.Ji.W.:.~~.~~"..,,'... .'.,.".,..~~:,..tt.~~..tJ~)';:tl".,~. J.,-.,'~~J.:.~_,.",.\_Il-,: . ...~"~,....,.!~~.."T..~~lr....i........~ " otherwise provided for at the pre-application meeting, if the project Is to receive sewer or potable water services from any prOVider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. NA APPUCAnON FOR PUBUC HEARING FOR CONDmONAL iJSE - 4/14/03, rev S/20/200S ~--_. AA.~lte~B1r CU-2006-AR-rp1!!lKJary 27,2007 PROJECT #200601llQjlil70 of 80 DATE: 9/27/06 KAY DESELEM VANDERBILT LOGAN EMS SITE Protected Species Survey Boylan?!" E '''-' nvironn1e~1-' '. Consultants, iAc. Wetland & Wildlife Surve!~onmenta/ Permitting, Impact ks~ssments 11000 Metro Parkway, Suite 4 Fort Myers, Florida, 33912 Phone: (239) 418-0671 Fax: (239) 418-0672 June 27,2006 - Agenda Item No. 8B February 27,2007 Page 71 of 80 INTRODUCTION Two environmental scientists from Boylan Environmental Consultants, Inc conducted a field investigation on the 2.23:1: acre property on June 1,2006. The purpose of this field investigation was to identify the presence of protected species, species habitat, and approximately locate any sensitive lands such as wetlands. Additional time was spent conducting FLUeeS mapping. The survey was conducted between the hours of 12: 15 pm and 2:30 pm. During the site inspection on June 1,2006 the temperature was in the mid 80's ranging from 84.90F to 87.1 of. It was partly cloudy outside with a median 6.35 mph variable direction wind gusts (weather information taken from www.weatherunderground.com). The site is located in portions of Section 4, Township 49 South, Range 26 East, in eollier eounty, Florida. Specifically, it is located south of Vanderbilt Beach Road and east of Logan Boulevard in South Naples. SURVEY METHODOLOGY The property was surveyed for the presence of listed species in accordance with the overlapping belt transects method as outlined by Kevin L. Erwin, eonsulting Ecologists Inc.. This method is comprised of a several step process. First, vegetation communities or land-uses on the property or study area are delineated on an aerial photograph based on nomenclature of the Florida Land Use, eover and Forms elassification System (FLUeFeS). Next, the FLUeFeS codes or land- use types found on the property are cross-referenced with the eollier eounty Protected Species List. This protected species list names the species that have a probability of occurring in any particular FLUeFeS community. Then, each community is searched in the field for the species within that particular FLUeeS type. An intensive pedestrian survey is conducted using parallel belt transects that are approximately 10-40 feet apart, depending upon both the thickness of vegetation and visibility, as a means of searching for plants and animals. In addItion, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded and are marked in the field with flagging tape. The table at end of this report lists the FLUCFeS communities found on the property and the corresponding species that have the potential of occurring in them. Transects were walked approximately as shown on the attached protected species survey map. Particular attention was placed upon locating potential fox squirrel nests, locating ReW cavity trees, and eagle's nests within the forested portions of the property. Nearly 100 percent of the property that was considered as potential tortoise habitat was surveyed. In regards to wetlands, the U.S. Army eorps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) are the regulatory agencies that regulate development activities in wetlands. When determining the presence of a wetland the AeOE uses the eorps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and SFWMD uses the Florida Wetlands Delineation Manual (1995). In general, to be considered a wetland by the AeOE or the SFWMD, the area should exhibit two of the following; wetland hydrology, wetland vegetation, or hydric soils. Because hydric soil, wetland hydrology, and wetland vegetation are indicators in considering an area as a wetland, we searched the property for these parameters. 2 - Agenda Item No. 88 February 27,2007 Page 72 of 80 In addition, Soil eonservation Service (SCS) soil survey mappings (now the Natural Resource eonservation Service) were reviewed for the presence of hydric soils. The presence of a hydric soil may indicate the presence of a wetland. These soil mappings are general in nature and were mapped at a scale of 1:24,000. Following is a discussion in regards to on-site conditions of the subject property. SITE CONDITIONS On June 1,2006 the temperature was in the mid 80's there was a light breeze with clear to partly cloudy skies during the field investigation. The site was undeveloped, but appears to have a long history of disturbance. At one point in time the westernmost portion of the site contained a single family residence. The soils on the property have been mapped by the Natural Resources eonservation Service (NReS), which show that the property is underlain by Malabar fine sand (3; hydric), and Holopaw fine sand (27; hydric). All of the soils mapped on the property are in the Hydric Soils of Florida Handbook (2000) as hydric. See the attached soils map. Listed below are the vegetation communities or land-uses identified on the site as shown on the attached FLUeeS map. See Florida Land Use, eover and Forms Classification System (Department of Transportation 1999) for definitions. Uplands The following communities would most likely be considered uplands. These communities did not contain any hydrological indicators, and were dominated by upland vegetation. There may be no wetland mitigation required for impacts to these non- jurisdictional areas. Approximately 0.99 acres of uplands were identified on site. 411 Pine Flatwoods (approximately 0.21 acres) This forested community was disturbed in nature and contained approximately 25% exotic infestation. The canopy was dominated by slash pine with scattered bald cypress. The presence of cypress in the canopy is most likely due to prior hydrological conditions, which are no longer present in this area. The under story was dominated by Brazilian pepper with scattered earleaf acacia. Ground cover included Spanish needles, grape vine, rag weed, Bahia and various grasses. Since. the majority of the vegetation in this community was upland vegetation and signs of hydrology were not present, we believe that this area would be considered an upland by the authorities. 422 Brazilian Pepper (approximately 0.23 acres) This upland forested community contained a canopy and mid canopy dominated by Brazilian Pepper. Very little grew under the dense shade provided by this exotic. Scattered garbage was present. No signs of hydrology where present. 3 Agenda Item No. 88 February 27, 2007 Page 73 of 80 740 Disturbed Lands (approximately 0.55 acres) This upland community consisted of the priorly disturbed areas of the site. The majority of this community contained a fill pad which at one time hosted a single family residence. The other area of this community consisted of a small pathway in which landscape debris has been placed. When present, the vegetation throughout this community contained rubber tree, slash pine, earleaf acacia, queen palms, ficus, Spanish needles, rag weed, false button weed, Bahia, and St. Augustine grass. The majority of this community was bare ground. Wetlands The following community would most likely be considered a wetland. This areas was underlain by hydric soils, was dominated by wetland vegetation, and signs of hydrology were present. Hydrological indicators may include staining, lichen lines, algal matting and adventitious rooting. Wetland vegetation is present if the majority of the plants that are present are ones that are adapted to saturated soil conditions. SFWMD and the eorps may consider these areas as jurisdictional areas. Mitigation would be required for impacts to these areas. Approximately 1.24 acres of wetlands were identified on site. 621E4 Cypress with 75% exotic infestation (approximately 1.24 acres) This community contained a canopy dominated by bald cypress and melaleuca with widely scattered laurel oak, earleaf acacia, java plum, mimosa, and strawberry guava. Portions of this community contained Brazilian pepper infestation. The ground cover was scattered and patchy. The mid canopy and ground cover vegetation included myrsine, salt bush, button bush, saw grass, dog fennel, ceaser weed, cyperus species, smilax, and swamp fern. The majority of this area is highly disturbed and hydrologically altered. The best quality portion of this wetland is along the easternmost property boundary. Hydrological indicators were scattered and inconsistent however did include staining and adventitious rooting. Table I: FLUeeS eOMMUNITIES BY PEReENT AGE FLuces DESeRIPTION ACRES PEReENT 411 Pine Flatwoods 0.21 ac. 9% 422 Brazilian Pepper 0.23 ac. 10% 621E4 eypress with Exotics 1.24 ac. 56% 740 Disturbed Lands 0.55 ac. 25% Total 2.23 ac. 100% *Total Wetland *Total Upland 1.24 ac. 0.99 ac. 56% 44% 4 Agenda Item No. 88 February 27,2007 Page 74 of 80 SPECIES PRESENCE During our field survey for protected species on the property, we did not observe any listed or protected species. No tortoise burrows were identified. A small nest-like structure was observed, however it was most likely due to the presence of gray squirrels. The nest was too small to be considered a daybed or fox squirrel nest. Evidence of gray squirrels was observed. We also observed burrows belonging to armadillos, which were not marked in the field. There was no evidence that these burrows were being used by gopher tortoises. While no wading birds were observed during the survey it would be expected that wading birds may utilize the onsite wetlands. Based on a review of the latest bald eagle nest site map for the 2002-2003 season, no eagle nests were documented to occur close enough to impact the property. The nearest documented eagle nest was approximately six miles southwest of the property. DISCUSSION The lack of tortoise burrows is likely due to the relatively high water tables in the area and the lack of habitat. The uplands and wetlands are very disturbed in nature and would most likely not support any protected wildlife. This site did contain wetlands. These wetlands area hydrologically disturbed in nature and highly infested by exotics. The wetlands have been flagged and surveyed. However the wetlands have not been verified by the authorities. 5 Agenda Item No. 88 February 27,2007 Page 75 of 80 Table 3 Protected species list according to FLUCCS category obtained from Collier County with corresponding field survey results. FLUCCS Potential Listed Species % Present Absent Density Visibility Coverage (ft) 411 Beautiful PawPaw 100 X 20 Big Cvoress Fox Sauirrel 100 X 20 Eastern Indigo Snake 100 X 20 Fakahatchee Burmannia 100 X 20 Florida Black Bear 100 X 20 Florida Coontie 100 X 20 Florida Panther 100 X 20 Gopher Frog 100 X 20 Gopher Tortoise 100 X 20 Red-Cockaded 100 X 20 W oodoecker Satin leaf 100 X 20 Southeastern American 100 X 20 Kestrel Twisted Air Plant 100 X 20 422 NONE -- -- -- -- 621 American Alligator 90 X 20 Even!lades Mink 90 X 20 Florida Black Bear 90 X 20 Florida Panther 90 X 20 740 Burrowing Owl 95 X 20 6 B <', B Z~~ Qj Iii o II) - n r;;il ~ -< ~ U -< ~ ~ ..". ..". ~ N r;;il ~ ~ ~ ~-M I:I:NN UOO -< u u U tIS tI:l tIS '00\,..., 'OO\N oON Q Z [;Iil ~ r;;il ...J rI1 U U ;;l ...J ~ U) .~ ~ Z...O tlQ Oell8.~.g e - 0 c...s Cd C) t ~ ~ ._....l -< ~.c.r:::;?;"O Q) ;z;; tI:l td ell ~ .~ u ii: ;.::; lG ... .. rfJ rfJ Q)'~ a.g ] ] r;;il S ... >>.- 0 0 QP"o:lUOI:-I:- r;;il ..". Q UJ O......l"l-O u......~~~ \\1 1 i j i W I- en en :E w z <( CJ o -I ~ co a: w Cl z ~ a.. <( ~ en U U :J ...J u.. '" .. ';:: ~I .. oS :I! .; ,.Q ~j "i: ! .. .. '0 :~ ~J o -= i~1 ~ == ~ ] 1 ~ 3 -~. ::: 1:1.:1 c: ~ 9 ~ J~ ! = 0 ~t I _ ~" l ~ t' l:Iu. j ~~ I~ w (I:) C\I en Cl) ..r :;r .. '0 z: A~ nnn u . . . . ~I I II I II I I 1 I I I I 1 I '111..),.1.11 ~. . I~ 61 I . . \c. I I I " I I I I I I c . .~. c.~. f" =>. c ~ II ~:-: z ::: o (/) - -- :: .S i Q,l; ~ [l3 ~ ~ s """.5 ; !~ ; J= ...J -;~ ~ ==> 1)l .!P~ = ....- f! ;-0 ~ [3 J GI __ ..., - c.l~ CIII Q,l = e ~'C Q ~ -== :z; E ~-= r;;il lS: ~-g ~ -< l)= [;Iilm-; ...J nnn Q, 5 ~ iUUi ~:5! g ..". ~ 1- [;Iil 0 c,:,~tI:l -< M ...J~~~ ~UOO -< U 0 g ~ tI:l 'OO\~ V')~C'-! lOON ~ Z f.1il c,:, r;;il ...J rfJ U U ;;l ...J ~ (/) C) '"6 If ... :< '" Q) ~ '" &oW] !J -"8 fir-S....l <: ~ ~ p.. .~ "0 ~ ~ ~ C Q) ._ ~tuCdU)~ 00 ;Z;; -.- '" ... .. ":::l U.....==2::.8S;:l rfJQ)NQ"",OO S tI:l >..- r.- [;Iil. ';:UOr.- Qp........ w C en en :E w z <( (!) o -I ~ CD a: w Cl Z ~ a.. <( ~ en en a. "'Cl I I c III ..J 0 (!) u.. M ... -5 E <Ii ,g~ "0 E E '" 'S '5 [W III < EO i ~3 '" Gl =.c. 0- (/)E ~.g f'.. (/)~ =>'" N lD U U ::s 'C: 'C: --0-0 .5>->- (I)::!:::!: t-t') -g-g casas E,cncn _alII> Q, C .S: "t:u::u. W ~ 3: ~~~ as 0 mo ::iE::!: o z lI)C")~ "0 (I) I ~ " J ~ z~~ Qj Iii o UJ \'I:M'W :.l.a -.....t.G'"W MI9C=I - OOOZ Ll""" 1J.AD,lY1:'- ""90-I.Z' _ a 1IOS\9OOJ\aLIS swa ......, .L___A~ A-fl\jal\:X CD :!:::: en en ~ w c tU C) o -I :;:.- a. a3 ~ ~ '0 en <( o en :J ..c '- Q) "C C tU > ~ "0 c.> w (I:) C\l en Cl) .". :;r ~ ~ i ~11 .:!l . c ~ ~ f.... s ~H! ~ ~ 1 II f ~ ]- c:!.. l ~~U I ; .. - Agendj*i~ N9f dB February 27,2007 Page 79 of 80 GundlachNancy From: bedtelyonJ Sent: Wednesday, November 22,20061:50 PM To: GundlachNancy Cc: warnold@gradyminor.com Subject: EMS Station #73 CU-2006-AR-10550 FYI: I spoke with a neighboring property owner today who is adamantly opposed to the proposal. She's a 72 year old resident who bas her place on the market for sale and said the EMS station would "ruin the area". Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Division Administration 2800 N. Horseshoe Drive Naples, FL 34104 239-213-2948 FAX: 239-403-2395 11/27/2006 / ~~: 'Y -;,,~ ~A~~ ~ /'.flndalt~"o.8P..J. .W. 7~ Page 80 of 80 November 20, 2006 RE: Proposed EMS Station off Vanderbilt: JUST SAY NO WAY to conditional use. Comments for Meeting held at Vineyards Park on Nov. 29,2006 As a resident of the Vineyards, I commute on Vanderbilt Beach Road each day to and from work. When I saw the proposed EMS Station near the community I live in, I was quite surprised at the lack of planning involved in this decision. Why would an EMS Station be built within 100 feet of a North Naples Fire Station that could easily house an EMS unit? Ibis seems like a duplication of services to me. It also will create more traffic congestion on one of the few feeder roads to Golden Gate Estates. ~ If our tax dollars are utilized in a manner that benefits us, then let's look at a joint services station. The property for the North Naples Fire Station is literally down the street from the proposed location of the EMS Station proj ect. Imagine the number of car accidents as two separate agencies are responding from two separate locations only a block away. The congestion on this road, both at rush hour in the morning and evening is bad enough, and there has to be an alternative to the development of this station. It would behoove Collier County EMS to study the new location of the North Naples Fire Control and Rescue District property as there are already many EMS units based in these stations~ Let's make this a win-win and not a waste of money for taxpayers. The plans for the fire station can easily incorporate EMS quarters and house an EMS unit. Has this option been carefully studied? I don't think it's been reviewed properly as an option. Thank you for your consideration in reducing the traffic on this congested road. J;:;-~ Laura Pacter Resident Vineyards 5941 Almaden Drive Naples, FL 34119 Agenda Item No. Be February 27. 2007 Page 1 of 69 EXECUTIVE SUMMARY Petition: RZ-2005-AR-7271 Collier County Public Utilities Department, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPe) regarding the above referenced rezone petition and render a decision regarding the petition. CONSIDERA TIONS: ~,....-~ The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The petitioner states in the application for public hearing that rezoning this site to the Public Use zoning district will provide notice to the surrounding property owners and the public in general that future uses proposed for this site include an Essential Services facility. Provision of this facility at this site will protect the health, safety and welfare of the citizens of Collier County. The agent states, "The essential services proposed will bring required governmental services closer to the neighborhoods where the demand is created." FISCAL IMPACT: The rezone, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the rezone is approved, a portion of the existing land will be developed and the new development could result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building pennit review fees and utility fees associated with connecting to the County's water and sewer system. ,- Please note that the inclusion of impact fees collected is for informational purposes only; it is not included in the criteria used by Staff and the Planning Commission to analyze this petition. Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 BCC Page 1 of 8 Agenda Item No. Be February 27, 2007 Page 2 of 69 GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed- Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan. Also, this site - and the entire Urban Coastal Fringe Subdistrict - is within the Coastal High Hazard Area (CHHA), as depicted on the FLUM and as described in Policy 12.2.5 of the Conservation and Coastal Management Element. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted under the most recent Land Development Code (LDC), Section 2.01.03. The requested rezone to Public Use zoning district limits uses to essential services. Also, the Urban Coastal Fringe Subdistrict limits residential development to a maximum density of 4 dwelling units per acre, with a few exceptions, "in order to facilitate hurricane evacuation" and protect adjacent Conservation designated lands. Transportation Element: Transportation Planning Department considers this petition to be consistent with Transportation Element Policies 5.1 and 5.2 of the Growth Management Plan; if the approval is limited to allow Essential Services uses only. Other uses typically allowed within Public Use districts would be deemed inconsistent with Policies 5.1 and 5.2 because the trips those uses might generate would not meet concurrency requirements for a rezoning petition. If and when a Conditional Use is submitted, transportation issues will be reviewed again in their entirety at that time. A determination regarding GMP Transportation Element consistency would be made at that time. Other GMP Elements and Sub-Elements: This petition is affected by the Potable Water Sub- Element and the Conservation and Coastal Management Plan Element (CCME) of the GMP. Comprehensive Planning staff provides an in-depth analysis of the issue (see attached memo). Because the review for these two items is lengthy, staff has included a copy of the actual January 22,2007 Comprehensive Planning Department memo for easier reference. In summary, there is a conflict between those two elements of the GMP. The Potable Water Sub-element identifies the subject site as an appropriate place to locate essential services, while the CCME appears to preclude public uses from locating within the Coastal High Hazard Area, which is where the subject site is located. In the EAR-based GMP amendments hearings held on January 25, 2007, the Board adopted a revision to CCME Objective 12.2 that broadly recognizes public buildings and facilities may be built within the CHHA, and lists protective measures to be taken, e.g. construct above the floodplain. Because the Potable Water Sub-Element policies, similar policies in the Sanitary Sewer Sub-Element; and possibly other Elements/Sub-Elements, are in conflict with existing CCME Policy 12.2.8, the Board also voted to delete Policy 12.2.8 to eliminate this conflict. If the amendments are found in compliance with the Florida Statutes by the Florida Department of Community Affairs, the amendments will become effective in approximately 80 days. Because the changes are not yet effective, the Board will still need to make a formal finding of consistency noting the policy changes adopted that eliminate the inconsistencies. Staff offers the following language to support that finding: Based upon the County's obligation to provide, or allow, public services and facilities within the CHHA at the level of service standards adopted in the GMP so as to serve existing and future growth within the CHHA, the County's long-standing ownership of this Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 Bee Page 2 of 8 Agenda Item No. Be February 27, 2007 Page 3 of 69 site with potable water facilities (re-pump station and storage tanks), and the County's plans to construct a water treatment plant on the subject site to serve the surrounding area - lying within the CHHA, staff believes it appropriate to interpret the Plan to find the subject rezone petition consistent with CCME Objective 12.2 and subsequent policies. Based upon the above analysis, staff concludes this petition may be deemed consistent with all aspects of the GMP if the finding included above is adopted as part of the recommendation. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and prepared a staff report for the Environmental Advisory Council (EAC) hearing of December 5, 2006. A copy of that staff report is included in the back up material. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on January 4, 2007. During the discussion of this petition a conflict within the Growth Management Plan was discovered. Staff was directed to inform the Board of this issue. Although the FLUE and FLUM recognize the appropriateness of the proposed essential services use and the Potable Water Sub-Element contains a map that specifically established this site for the essential services use, the Conservation and Coastal Management Element (CCME) contained language (Objective 12.2 and Policy 12.2.8) that prohibited public expenditures on projects that are located within a coastal high hazard area unless the facility is designed for public access or for resource restoration. Since the CCPC hearing, the Board heard the EAR-based GMP amendments on January 25, 2007. At that hearing, the Board adopted a revision to Objective 12.2 that broadly recognizes public buildings and facilities may be built within the CHHA, and lists protective measures to be taken, e.g. construct above the floodplain and voted to delete Policy 12.2.8. If the EAR amendments are found in compliance with the Florida Statutes by the Florida Department of Community Affairs, the amendments will become effective in approximately 80 days. Because the changes are not yet effective, the Board will need to make a formal finding of consistency noting the policy changes adopted that eliminate the inconsistencies. Staff offers the following language to support that finding: Based upon the County's obligation to provide, or allow, public services and facilities within the CHHA at the level of service standards adopted in the GMP so as to serve existing and future growth within the CHHA, the County's long-standing ownership of this site with potable water facilities (re-pump station and storage tanks), and the County's plans to construct a water treatment plant on the subject site to serve the surrounding area - lying within the CHHA, staff believes it appropriate to interpret the Plan to find the subject rezone petition consistent with CCME Objective 12.2 and subsequent policies. Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 Bee Page 3 of 8 Agenda Item No. se February 27 2007 Page 4 of 69 Staff believes the action outlined above should adequately resolve any GMP conflict. The Growth Management Plan discussion of the staff report has been rewritten to more fully address the conflict. Commissioner Murray made a motion and Commissioner Adelstein seconded the motion to approve the petition with a 7 to I vote with the following stipulations (noting however that the pending SDP that proposes adding to the existing well site use shall NOT be subject to these limitations): 1. The uses allowed on this site are limited to the description found in the LDC Section 2.01.03 as further described below: Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRP AS, HSAS, and FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone servIce, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); and 8. Any other wells which have been or will be pennitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the pennitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well pennit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the pennitting agency's scheduled public hearings. 2. Structures shall not exceed an actual height of 60 feet, measured from the centerline of the road. 3. Structures shall maintain a 100 foot wide minimum setback on all sides. This petition cannot be placed on the Summary Agenda because the CCPC vote was not unammous. ZONING STAFF ANALYSIS: - 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 zoning staff 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 were incorporated into the staff report. A summary of the zoning staff considerations and findings recommended by staff are noted below: Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 Bee Page 4 of 8 Agenda Item No. se February 27, 2007 Page 5 of 69 Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Not applicable. Findings: Based upon staffs review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. The existing land use pattern. Pro: The location and zoning map that is attached to the staff report show the use is a logical use in this area given the developed areas and the potential for additional development based upon the current zoning designations. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Finding:: Staff believes this project will be compatible with the existing land use patterns. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se, especially since the uses to which the petitioner has limited the rezoning to allow are already permitted uses in the current zoning district, however the rezoning is being requested in compliance with the LDC provisions to seek such changes. There is a water storage facility onsite now, and the use is proposed for expansion as part of an amendment to the approved Site Development Plan (SDP A). The SDP A proposes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility is located in the NW comer of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. This use is an allowable use in the current Agricultural zoning district and it could continue, if so desired, however the petitioner states that they wish to rezone the property to a zoning district that will more accurately reflect the county's intention to develop this site for a public purpose, thus putting surrounding property owners "on notice." Con: Evaluation not applicable. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. Whether the proposed change will adversely influence living conditions in the neigh borhood. Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 Bee Page 5 of 8 Agenda Item No. se February 27,2007 Page 6 of 69 Pro: The proposed change will not adversely influence living conditions in the neighborhood because the use to which the petitioner has limited the approval to is extremely limited in scope. Uses of increased intensity would require further public hearing action therefore the neighborhood would be advised and staff would have the opportunity to further analyze any proposal. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Findings: The proposed development is complementary to the uses within the surrounding neighborhood as the use proposed would provide public services for the surrounding neighborhood. The amount and types of noise and odors, and building massing related to the proposed uses should not be offensive. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. Decisions regarding this type of rezone are quasi judicial, and all testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. Should you consider denying the rezone, to assure that that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Approval of this request to rezone requires four affirmative votes of the Board. Criteria for Straieht Rezones 1. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn III relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? - 6. Will the proposed change adversely influence living conditions III the neighborhood? Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27, 2007 Bee Page 6 of 8 Agenda Item No. se February 27,2007 Page 7 of 69 7. Will the proposed change 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? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the county? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: 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. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Co llier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.l06, art. II], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? This particular item raises an unusual concern. .......". S 163 .3194 of the Florida Growth Management Act requires that "After a comprehensive plan, or element or portion thereof, has been adopted in conformity with this act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted." As discussed above, although the FLUE and FLUM recognize the appropriateness Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27, 2007 Bee Page 7 of 8 Agenda Item No. se February 27,2007 Page S of 69 of the proposed essential services use and the Potable Water Sub-Element contains a map that specifically established this site for the essential services use, the Conservation and Coastal Management Element (CCME) contained language (Objective 12.2 and Policy 12.2.8) that prohibited public expenditures on projects that are located within a coastal high hazard area unless the facility is designed for public access or for resource restoration. Policy 12.2.8 specifically states that "Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration." This apparent inconsistency was recognized by the Board, and is being addressed in the EAR-based GMP amendments. These amendments, however, are not effective until final adoption, which is well out into the future. Since at the present time, there is no judicially recognized concept of "zoning in progress" with respect to proposed GMP amendments, until final adoption, Policy 12.8.2 will remain in full force and effect. Accordingly, even though the Office of the County Attorney believes that the better view is that this proposed rezone doesn't even trigger Objective 12.2 and Policy 12.2.8 (which would be triggered by the submittal, for example, of a site development plan showing a public facility, rather than merely changing the zoning classification of this parcel), and that in any event staffs proposed language set forth on page three is a highly defensible position, nevertheless, should anyone wish to challenge this Board's decision to approve this application, an argument can be made that the approval is improper, as it conflicts with the Comprehensive Plan. Such an argument will disappear once the EAR-based amendments are adopted. As such, this Office recommends that unless there is a benefit to be gained by approving this item at this time, it would be prudent to continue this item until such adoption. -JAK STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition RZ-2005-AR-7271. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review ,.-., Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27. 2007 Bee Page 8 of 8 Item Number: Item Summary: Meeting Date: Agenda Item No. 8C 'February 27, 2007 Page 9 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8e T his Item requires that all partIcipants be sworn In and ex parte dIsclosure be provided by Commission members RZ~2005-AR-7271 Collier County Public. Utilities Department, represented by Fred Relschl. AICP, of Agnoli Barber & Brundage, Inc.. requesting a rezone from the Agricultural (Aj zoning district to the Public Use (p) zoning district limited to Essential ServIce use only The subject property_ consisting of 42.2 acres, IS located at 1300 Manatee Road, In Section 10. Township 51 South, Range 26 East Collier County, Flonda 2/27/20079.0000 AM Principal Planner Date Prepared By Kay Deselem, AICP Community Development & Environmental Services Zoni ng & land Development Review 2/6/20076:45:12 PM Donald l. Scott Transportation Planning Director Date A pproved By Transportation Services Transportation Planning 2/912007 3:26 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 2/12/2007 11 :57 AM Date Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2/12/20072:19 PM Marlene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 2/13/20079:58 AM Chief Planner Date Approved By Ray Bellows Community Development & Environmental Sef\fices Zoning & land Development Review 2/13/200710:58 AM Norm E. Feder, AICP Transportation ~ivision Administrator Date Approved By Transportation Services Transportation Services Admin. 2/13/2007 3:51 PM Approved By Susan Murray. AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 2/14/20079:25 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 2116/20073:56 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 2/20/2007 9:01 AM Agenda Item No. se February 27, 2007 Page 10 of 69 <:;o~-y <:;OU-nt:y t::..... __ Memorandum To: Kay Deselem, AICP, Principal Planner, Department of Zoning & Land Development Review From: Marcia Kendall, Senior Planner, and David Weeks, AICP, Planning Manager, Comprehensive Planning Department Date: January 22, 2007 Subject: Future Land Use Element (FLUE) Consistency Review (and review of certain Objectives and Policies under Goal 12 of the Conservation and Coastal Management Element, and the Potable Water Sub-Element) - 3rd Memo PETITION NUMBER: RZ-2005-AR-7271 - 2nd Submittal PETITION NAME: Public Facilities Rezone - Essential Services REQUEST: To rezone the 42.2 acre site from A, Rural Agricultural zoning district, to P, Public Use zoning district, to allow for essential services uses on the property. LOCATION: The subject property is located on the south side of Manatee Road, .:t,2,300 feet east of Collier Boulevard (SR951), in Section 10, Township 51 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: THIS MEMO HAS BEEN REVISED TO ADDRESS ISSUES RAISED A T THE CCPC HEARING ON JANUARY 4, 2007 PERTAINING TO DEVELOPMENT L1MITA TlONS IN THE COASTAL HIGH HAZARD AREA. Future Land Use Element The subject property is designated Urban (Urban Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Collier County Growth Management Plan. Also, this site - and the entire Urban Coastal Fringe Subdistrict - is within the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map and as described in Policy 12.2.5 of the Conservation and Coastal Management Element. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted under the most recent Land Development Code (LDC), Section 2.01.03. The requested rezone to Public Use zoning district limits uses to essential services. Also, the Urban Coastal Fringe Subdistrict limits residential development to a maximum density of 4 dwelling units per acre, with a few exceptions, "in order to facilitate hurricane evacuation" and protect adjacent Conservation designated lands. 1 Agenda Item No. 8e February 27, 2007 Page 11 of 69 FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. Potable Water Sub-Element A review of this Sub-Element yields that the County is required to provide potable water supply, treatment and distribution facilities - including expansion of existing facilities - so as to meet future needs, and at the level of service standards established by the GMP, for the service areas identified in the GMP and the Water Master Plan Update (in some areas, private or other public utilities may provide water service, e.g. the Rural Lands Stewardship Area), and is to continue to expand the Aquifer Storage and Recovery System - all without regard to location as pertains to the CHHA; that the water service area includes those portions of the CHHA containing existing and future urban-style development, with the exception of some small outlying areas, e.g. Plantation Island; and, that the subject site - located in the CHHA - is depicted as the site of a proposed water treatment plant (and has been since at least 2003). Further, the referenced Water Master Plan also denotes this site for a future water treatment plant. [reference Objectives 1.1 and 1.2; Policies 1.1.1, 1.2.1, 1.2.2, 1.2.4, and 1.5.1; and, Figures PW-1 and PW-2.] Also, since at least 1989, when the GMP was adopted, this site has been identified on the map of potable water facilities as the "Manatee Road Re-pump Facility and 2MG Ground Storage Tank" site. POTABLE WATER SUB-ELEMENT REFERENCES OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. Policy 1.1.1: Continue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth, as provided for in the following policies. Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and provide for future growth. Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map (Figure PW-1); the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to 2 Agenda Item No. Be February 27, 2007 Page 12 of 69 serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non-County utility provided. For the purposes of this policy and policies 1.2.4, 1.5. I ,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central potable water facilities includes decentralized community treatment systems; and, innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy 1.2.4: Permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas oflmmokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW-I); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands within an area to receive County water service, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW-I of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub- element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. 3 " " " '..,.,..., "" ~ . ..~ j,". " ,,\,' ,,' " ".." f';:-"~ .", Ii:' .~t'R~ ,,~:! . i bir Ii'!' if rt.,.\ ,!,' L i ,. .,'~' '.",,, ','~ "-. . .. E t ~ '\ ;;j*", ~ ,\ I ,~ ift '11 ;. l_. Y ;'-":, ~ ~ :I.,.,r ;.,.. '" . ~X .,-: ,'" ~ 12.t~, c;, .;. " ~ ......, ~ _.~ :ftr1':Z ~ ~-;:: :,..,.., ....1G ~ - ~ ....... -... ==- .I:'~. ::- * =-~ .-".. -- ......... -- ::-IEIMCI:: _,_ I I ! ea..LD\' eo.MI"f IJOlo'ERIoINEHT i CRO'Il'nl YNtM.iE.W9tT JlIl..NIj . 2002 I'lJaJC 1/lIU1IES ElDoOff j POTAlllE "ATER ~T I R "" [ . .. E . J1 , FIGURE PW-2 i .. ...... . . , 'I ' . . . to. 0; I (i , . , " :,.1 " , <~.(.:. '" ,; 7 '" ," ' .' . ;,., '""t.J .. u . , . .. , Ii 7' 1< ' ,;' .. . I ",-." I , , " ,... , , , ' i" ~ ., I " , . I"" '! " " "i i . i, . : I I ! I " .~!.. . .. , \;',!' , " , 'l,~: ' , i X:..:...-r~) , , ! ';-;"'- / /..1 ' ,. ; "i '>, ;.'... ; , "if'1 I ..-. ,"~r'<L. ~". r , ': ,,,,,.',, " " ," "~:..c\:":~'~.' " \.l . ," i ,..." ..,.; "'.. '''f;, ,i;,';..," " " ,,'::::.,. ,. \,;~.} ;{:3-:>;;./X; ,> :y,...... ""l' ~'=" ::= ~,<",_, "'1'>:";~:.r:"r":(,>J.I..~(' ., , .,.~~r'~' &~0:; i r } . ! )r.~+:~~ / :,iH;';~ .,:' ;1' ''';/<.'::,:, ~I..i\;",:. .-.",,"' EXISTING AND FUTURE POTABLE WA TER SERVICE AREAS .JIII......., A". MAN.... _ "''''''''"''''' L . .. . R :Z'P E Agenda Item No. se February 27,2007 Page 13 of 69 , ~ ;; ~ 4 Agenda Item No. se February 27, 2007 Page 14 of 69 Conservation and Coastal Manaqement Element (CCME) A review of existing Goal 12 and Objective 12.2 and subsequent policies yields that Collier County has an obligation to protect life and property within the CHHA from hurricanes [reference Goal 12 and Objective 12.2]; that limited additional growth is expected within the CHHA and that Collier County will provide, or allow to be provided, the necessary public facilities to serve that future growth and at the level of service standards adopted in the GMP [reference Policy 12.2.2]; and, that Collier County shall expend no public funds for public facilities within the CHHA except facilities for public access or resource restoration and, similarly, that Collier County shall limit public expenditures within the CHHA to beach and dune restoration, road repair, and publicly owned seawalls, docking and parking areas [reference Objective 12.2 and Policy 12.2.8]. Clearly, there is a conflict between the absolute prohibition on construction of public facilities within the CHHA that are unrelated to public access or resource restoration, as stated in CCME Policy 12.2.8, and the allowance and requirement for public facilities to be provided within the CHHA such that the adopted level of service standards in the GMP are met and maintained, as stated in the Potable Water Sub-Element, Sanitary Sewer Sub-Element, and possibly other Elements. This conflict - the identical text in Policy 12.2.8 - has existed since GMP amendments were adopted in 1997 based upon the 1996 Evaluation and Appraisal Report (EAR), yet, apparently, been unnoticed until now. The 1989 Plan contained a similar, though not identical, conflict; at that time, the spending limitation on public funds was applicable to "undeveloped coastal barriers" not the entire CHHA [reference 1989 Policy 11.3.4]. CONSERVATION AND COASTAL MANAGEMENT ELEMENT REFERENCES GOAL] 2: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE] 2.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy]2.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future gro\\1:h projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy] 2.2.8: Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. EAR-based GMP amendments to the CCME - which will be presented to the BCC on January 25, 2007 for adoption - include a proposed revision to Objective 12.2 that broadly recognizes public buildings and facilities may be built within the CHHA, and lists protective measures to be taken, e.g. construct above the floodplain. However, this proposed revision, Potable Water Sub-Element policies, similar policies in the Sanitary Sewer Sub-Element - and possibly other 5 Agenda Item No. se February 27, 2007 Page 15 of 69 Elements/Sub-Elements, are all in conflict with existing CCME Policy 12.2.8. Staff will now propose to the BCC, on January 25, that Policy 12.2.8 be revised to eliminate this conflict. Based upon the County's obligation to provide, or allow, public services and facilities within the CHHA at the level of service standards adopted in the GMP so as to serve existing and future growth within the CHHA, the County's long-standing ownership of this site with potable water facilities (re-pump station and storage tanks), and the County's plans to construct a water treatment plant on the subject site to serve the surrounding area - lying within the CHHA, staff believes it appropriate to interpret the Plan to find the subject rezone petition consistent with CCME Objective 12.2 and subsequent policies. CONCLUSION: Based upon the above analysis, staff concludes this petition may be deemed consistent with the Future Land Use Element. Staff also concludes this petition may be deemed consistent with the Conservation and Coastal Management Element Objective 12.2 and subsequent policies. However, due to the conflicting GMP provisions, this should be brought to the BCC's attention for their consideration and interpretation. (PROJECT ON CD PLUS) cc: Susan Murray, AICP, Director Zoning & Land Development Review Department Randall J. Cohen, AICP, Director Comprehensive Planning Department Raymond V. Bellows, Manager, Department of Zoning & Land Development Review Bill Lorenz, P.E., Environmental Services Director Skip Camp, Facilities Management Director Dan Summers, Emergency Management Director Jim DeLany, Public Utilities Administrator RZ-2005-AR-7271 Public Facilities RZ - 3m memo G: Comp/David/CD Memos & Ltrs/RZs dw/1-22-07 6 Aaenda item No. Be ~February 27, 2007 Page 16 of 69 Co~r County ~~ - ~ STAFF REPO R T COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 4,2007 SUBJECT: PETITION: RZ-2005-AR-7271, PUBLIC FACILITIES REZONE AGENT/APPLICANT: Agent: Fred Reischl, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail N. Naples, FL 34108 Applicant: Alicia Abbott, Project Manager Collier Co. Public Utilities Engineering Dept. 3301 Tamiami Trail E, Bldg. H Naples, FL 34112 REQUESTED ACTION: The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. GEOGRAPHIC LOCATION: The subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. (See illustration on following page) PURPOSEIDESCRIPTION OF PROJECT: The petitioner states in the application for public hearing Item #8, rezoning this site to the Public Use zoning district will provide notice to the surrounding property owners and the public in general that future uses proposed for this site include an Essential Services facility. Provision of this facility at this site will protect the health, safety and welfare of the citizens of Collier County. The agent states, "The essential services proposed will bring required governmental services closer to the neighborhoods where the demand is created." Staff Report for January 4, 2007 eepe Public Facilities Rezone, RZ-2005-AR-7172 Page 1 of 5 Agenda Item No. se February 27, 2007 Page 17 of 69 SURROUNDING LAND USE AND ZONING: South: East: Henderson Creek Park South Subdivision, which is a developed mobile home community, with a zoning designation of Mobile Home (MH) An undeveloped twenty acre tract with a zoning designation of MH Enchanting Shores Mobile Home Park, a developed mobile project with a zomng designation ofMH An undeveloped 65:!:-acre tract with a zoning designation ofRMF-16(8) North: West: Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted under the most recent Land Development Code (LDC). Section 2.01.03 of the LDC, which was recently adopted by Ordinance # 04-41, defines essential services. The requested rezone to Public Use District limits uses to essential services. The requested rezone furthers the goals and objectives of the Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. Based upon the above analysis, staff concludes this petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Staff Report for January 4, 2007 eepc Public Facilities Rezone, RZ-2005-AR-7172 Page 2 of 5 Agenda Item No. 8C February 27, 2007 Page 18 of 69 Transportation Element: Transportation Planning Department considers this petition to be consistent with Transportation Element Policies 5.1 and 5.2 of the Growth Management Plan; if the approval is limited to allow Essential Services uses only. Other uses typically allowed within Public Use districts would be deemed inconsistent with Policies 5.1 and 5.2 because the trips those uses might generate would not meet concurrency requirements for a rezoning petition. If and when a Conditional Use is submitted, transportation issues will be reviewed again in their entirety at that time. A determination regarding GMP Transportation Element consistency would be made at that time. 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. 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 the Policy 6.1.1 of the Growth Management Plan - Conservation and Coastal Management Element, and Subsection 3.05.07 of the Land Development Code, a minimum of 15 percent (.15 x 37.68 acres = 5.65 acres) of native vegetation must be retained on-site. The proposed project has incorporated 5.65 acres of wetlands, upland buffers and uplands as native preserve within the development plan. Additionally, 1.70 acres of upland buffers and 2.39 acres of wetlands outside of the Collier County preservation area will be preserved for the SFWMD. ANALYSIS: Environmental: Environmental Services staff has reviewed the petition and prepared a staff report for the Environmental Advisory Council (EAC) hearing of December 5,2006. A copy of that staff report is included in the back up material. Utilities: The Utilities Department staff has reviewed the petition and notes the project must be compliant with Ordinance 2004-31 (as amended or updated) when development approvals are sought. Also the developer will have to submit an application for and conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. A 10 inch, and two 20 inch water transmission mains, and a 4 inch force main exist along Manatee Road. Developer (Collier County Water-Sewer District) shall be furthemlOre required to demonstrate adequate capacity in the 4" FM in a 'hydraulic capacity analysis' to accommodate planned improvements at the time of SDP submittal. If adequate capacity is not available, Developer (Collier County Water-Sewer District) shall be required by the Collier County Water Sewer District to upgrade the Force Main to serve any constructed improvements. Zoning and Land Development Analysis: Zoning staff has reviewed this petition and believes the proposed use is consistent with the FLUE and Policy 5.4 of the GMP as indicated previously in the GMP discussion. As described in LDC Section 2.03.04.A, "The purpose and intent of the Public Use (P) zoning district is to accommodate only local, state, and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties." As noted above, the Public Use zoning district furthers the goals and objectives of the Staff Report for January 4, 2007 ecpe Public Facilities Rezone, RZ-2005-AR-7172 Page 3 of 5 Agenda Item No. se February 27, 2007 Page 19 of 69 Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. The proposed change to the Public Use zoning district from the Agricultural (A) zoning district is not anticipated to have an adverse effect upon living conditions in the neighborhood. As previously noted the surrounding property is developed with mobile home parks or is vacant but zoned to allow mobile home park or multi-family uses. As stated by the petitioner, a rezoning of this site to the P zoning district to allow essential services would place required governmental services closer to the neighborhoods where the demand has been created or may be created based upon current zoning designations. Staff believes the rezoning is consistent with GMP Policy 5.4. ENVIRONMENT AL ADVISORY COUNCIL (EAC): The EAC heard this petition on October 4,2006 and voted 9-0 to deny the petitioner's request due to a lack of information. More specifically, members noted that in their opinion it would not be appropriate "to have an emergency facility on land that is in a flood zone" and "the actual use of the property was undefined." The council stated (according to the minutes) that the project could return for review when the use is defined. Based upon the comments, the petitioner revised the petition to limit the uses to Essential Services and the petition was heard by the EAC again on December 6, 2006. The revised petition was unanimously (5-0) recommended for approval at that hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant held the required meeting at Edison Community College auditorium on May 19, 2005, at 5:30 P.M. Twenty-seven people attended in addition to the applicant's agent and county staff. The applicant's team provided an informational brochure and discussed the uses the rezone would allow. A majority of the audience that spoke identified themselves as property owners at Riverwood and Enchanting Shores who oppose a wastewater treatment facility at the site. Other objections stated included the use of a resource recovery facility and the use of the site for fairgrounds. Concerns raised included traffic impacts to Manatee Road, noise, odor, and lights. Public Utilities Engineering Division staff invited property owners to tour other county water plants to see the operations first hand. Staff contact information for several divisions involved in the petition review was presented to the audience for follow-up purposes. Planning Commissioner Bob Murray advised property owners how the Collier County Planning Commission (CCPC) functions and how the public's input influences the decision-making process. Positive comments from property owners acknowledged the need for ongoing infrastructure for essential public services. (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) STAFF RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition RZ-2005-AR-7172 to the Board of County Commissioners (BCC) with a recommendation of approval, with the petitioner's proposed limitation to only allow Essential Services uses. Staff Report for January 4, 2007 eepe Public Facilities Rezone, RZ-2005-AR-7172 Page 4 of 5 Agenda Item No. se February 27, 2007 Page 20 of 69 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, MANAGER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the February 27,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Staff Report for January 4, 2007 eepe Public Facilities Rezone, RZ-2005-AR-7172 Page 5 of 5 REZONE FINDINGS RZ-2005-AR-7271 Agenda Item No. Be February 27,2007 Page 21 of 69 Chapter IO.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: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Not applicable. Findings: Based upon staffs review, the proposed development is in compliance with the Future Land Use Element (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; Pro: The location and zoning map that is attached to the staff report show the use is a logical use in this area given the developed areas and the potential for additional development based upon the current zoning designations. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Finding: Staff believes this project will be compatible with the existing land use patterns. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Findings: The proposed rezoning will not create an isolated district unrelated to adjacent and nearby districts. The surrounding area is developed with residential uses; thus, the uses and the zoning districts share a use relationship in that the Public Use zoning district will help provide services for the surrounding areas. 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 proposed zoning district boundaries are logically drawn and they are consistent with the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed change is not necessary, per se, especially since the uses to which the petitioner has limited the rezoning to allow are already permitted uses in the current zoning EXHIBIT A Page 1 of 5 Agenda Item No. se February 27, 2007 Page 22 of 69 district, however the rezoning is being requested in compliance with the LDC provisions to seek such changes. There is a water storage facility onsite now, and the use is proposed for expansion as part of an amendment to the approved Site Development Plan (SDP A). The SDP A proposes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility in located in the NW comer of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. This use is an allowable use in the current Agricultural zoning district and it could continue, if so desired, however the petitioner states that they wish to rezone the property to a zoning district that will more accurately reflect the county's intention to develop this site for a public purpose, thus putting surrounding property owners "on notice." Con: Evaluation not applicable. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed change will not adversely influence living conditions in the neighborhood because the use to which the petitioner has limited the approval to is extremely limited in scope. Uses of increased intensity would require further public hearing action therefore the neighborhood would be advised and staff would have the opportunity to further analysis any proposal. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Findings: The proposed development is complementary to the uses within the surrounding neighborhood as the use proposed would provide public services for the surrounding neighborhood. The amount and types of noise and odors, and building massing related to the proposed uses should not be offensive. 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: Development of the subject property is consistent with provisions of the Transportation Element of the GMP with the limitation of the use to Essential Services only. Any other use would require zoning action to remove the limitation or conditional use approval. Those applications would be required to provide a Traffic Impact Statement or a Trip Generation Report based upon the specifics of the given application. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Findings: Evaluation of this petition took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GI\1P and \-vas found consistent \vith the use limitation Exhibit A Rezone Findings RZ-2005-AR-7271 Page 2 of 5 proposed by the petitioner. Management System. 8. Whether the proposed change will create a drainage problem; Agenda Item No. se February 27, 2007 Page 23 of 69 Furthermore, this project will be subj ect to the Concurrency Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. 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: The proposed setbacks are consistent with the LDC requirement to provide adequate light and air to adjacent properties. Findings: 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; Pro: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Con: None. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Findings: The basic premise underlying all of the development standards in the Land Development Code is the sound application of the standards, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Exhibit A Rezone Findings RZ-2005-AR-7271 Page 3 of 5 Agenda Item No. se February 27, 2007 Page 24 of 69 Pro/Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: This issue is discussed in Item 5 above. Findings: Any petition for a change in land use is reviewed for in compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to gamer that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The uses that would be allowable if this rezoning is approved would be complementary to the uses within the surrounding neighborhood as the use proposed would provide public services for the surrounding neighborhood. Con: None. Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 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: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. However, suffice to say, there are most likely areas of the County with conventional or PUD zoning that would allow development of the housing types proposed by the petitioner. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and general compliance with the Land Development Code. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: The proposed rezoning, within an area with similarly developing or planned development reduces sprawl and promotes efficient use of land in Urban Areas. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Exhibit A Rezone Findings RZ-2005-AR-7271 Page 4 of 5 Agenda Item No. se February 27,2007 Page 25 of 69 Findings: While site conditions may restrict the location and square- footage of the homes, they should 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 reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. Exhibit A Rezone Findings RZ-2005-AR-7271 Page 5 of 5 Ut'-Cl) cooc.o o~ ON 0 Z -c.o ,-~N a:5 >, Q.) _,,-OJ -CUCU CU::lQ.. -0"- c..o (])(]) ry.LL <( z o w- I-l;( 00 9 :c :2: :I: :2: a.. <( ~ " Z Z o N :c :i: w ~~ ~~ II III h if ~ i !l UK ~ il!N I CIlN^""""..,..,-,co IIO-.ro ::; I ~ ~ lil ~ .... ,... 1:1 C'I <Xl gi ,... co I '7 o.i a:: u.. <:( :2: I c:: g It) .... TI\':lS OL.uJN I Z- N - a:: '"' z 0 l- I- W a. II :2 a.. <( ~ -:. Z 0 - ..... ~ <( () 0 --' I;t; . '.", : F ~DK'*" f;, /,'_~'.' \)i.' OE. -".;,..,D.. 'J.}, '~" -,. .....~,~...':..' B",,:.. 'Q; 'y '.' 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'~ i il~! o " ~ ~ " ~ l€ ~ ~ ~ ~ ii 1l " ~ g ~ ~~ :E: :t:~ ~ ~S2 ~ sl!: :oJ aO~ ""~ o o ~ ~ .. ~ o ~ ~ " . c ~I ~ ~I ! .!.. ~ .....~ ~ "il S g ,I ~ ~ 'fin ;~~~ ~ ~ ~ ~ ~ ;~ ~ ~~ ; ~ ~ ~~ ~ H ~ ~~ - I ~i [d ? ~ Q - ; ~ ~ ; q~ ~ , ~ .~ i ~ i _! . 00 t · , .~d~ .~~~ ~ I i '.l ~~I.i ~.~ii h, -~: =. ~_ . ~~ ~'~. ~ ."' ~'~5 . i ~;Hillii o~ ;.i.H..;hh;H~~i ~ mll~n HH.h ~ .~i3~!I ~hd I ~ ~ iih~ ~~ I ~idmhh~1 ~ 0-:'.::1.'-1'" ;<] . ,"..... ,.....-1.' ~ mg;m~,g,~~jh!m,:l ;3~i~:~t Agenda Item No. Be February 27, 2007 Page 29 of 69 Item VILA. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 4.2006 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Rezone No. RZ-2005-AR-7271 Public Facilities Rezone Collier County Public Utilities Engineering Department Hole Montes, Inc. Agnoli, Barber & Brundage, Inc. Passarella and Associates, Inc. Engineering Consultant: Planning Consultant: Environmental Consultant: II. LOCATION: The project site is located on the south side of Manatee Road approximately ]12 mile east of Collier Boulevard in Section 10, Township 51 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels with the following zoning classification: ZONING DESCRIPTION N- MH Developed S- MH Undeveloped E- MH Developed w- RMF-16 (8) Undeveloped IV. PROJECT DESCRIPTION: The petitioner, Collier County Public Utilities Engineering Department acting at the direction of the Board of County Commissioners, the property owner, is seeking to rezone a 42.2::f: acre tract from the Rural Agricultural (A) zoning district to the Public Use (P) zoning district. The petitioner has not projected a EAC Meeting Agenda Item No. 8e February 27, 2007 Page 30 of 69 Page 2 of 8 specific use for the site stating the ultimate use of the site has not yet been determined. The petitioner wishes to rezone the county-owned land so that adjacent property owners will be aware of the potential to establish public uses on this site. The Public Use zoning district is included in the Civic and Institutional Zoning Districts of the Land Development Code (LDC), Section 2.03. The LDC states: The pwpose and intent of Public Use zoning district is to accommodate only local, state, and federally owned or leased and operated government facilities that provide essential public services. 171e P district is intended to facilitate the coordination of urban services and land uses 'while minimizing the potential disruption of the uses of nearby properties. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted by the Land Development Code (LDC). The requested rezone to Public Use District limits uses to essential services. The requested rezone furthers the goals and objectives of the Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. Based upon the above analysis, staff concludes this petItIOn may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Mana2ement 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 Agenda Item No. se February 27, 2007 Page 31 of 69 Page 3 of 8 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 detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Objective 2.4 and Policy 2.4.1, the Florida Department of Environmental Protection (PDEP) shall be notified of development projects within Rookery Bay Aquatic Preserve watershed. A copy of the Environmental Impact Statement (EIS) will be forwarded to FDEP staff at Rookery Bay Aquatic Preserve. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Greater than fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserve areas. Selection of preservation areas are consistent with the criteria listed in Policy 6.1.1. 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. 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). In accordance with Policy 6.2.6, required preservation areas have been identified. 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. Protective covenants for the preserve areas will be included on the Site Development Plan. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (ElS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan submittal. A EAC Meeting Agenda Item ~~o. se February 27,2007 Page 32 of 69 Page 4 of 8 gopher tortoise relocation permit has been obtained to relocate gopher tortoises off-site. VI. MAJOR ISSUES: Storm water Mana2ement: This project will be permitted by the South Florida Water Management District (SFWMD). Collier County is not allowed to self-permit. SFWMD is the permitting agency for all County projects involving surface water management. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. That having been noted, the following is a summary of the proposed workings of the stormwater management system. The petitioner proposes constructing dry retention areas to intercept the runoff from the existing tank yard and from the future development areas including the proposed 6 MG storage tank, well sites, and access driveway. The bottom of the retention areas will be at 5.0 NGVD, which is 1 foot above the probable wet season water table elevation of 4.0 NGVD (average elevation measured at on-site upland/wetland interface). Some of the existing facilities are lower than the proposed improvements, so accommodations will be made Environmental: Site Description: The proposed project includes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility in located in the NW comer of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. Natural elevations on-site range from around 5.4 feet NGVD to 3.7 feet NGVD. The seasonal high water level of 4.0 feet NGVD represents the average recorded along the upland/wetland lines at the on-site wells. The dry season water table is estimated at an elevation 1.0 feet NGVD based on surrounding projects. Two soil types occur on the property, Oldsmar Fine Sand (Soil Map Unit 16) and Ft. Drum and Malabar, High, Fine Sands (Soil Map Unit 20). Both soils are listed as non-hydric by the Natural Resources Conservation Service (NRCS). EAC Meeting Agenda Item No. se February 27,2007 Page 33 of 69 Page 5 of 8 Wetlands: A total of 4.46 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands have been identified on the property (EIS Exhibit C). These wetlands are composed of a single FLUCFCS type (FLUCFCS Code 6259, Hydric Pine Flatwoods, Disturbed) and are broken down according to the degree of exotic infestation within them. The project development will not have any direct impacts to SFWMD/Collier County jurisdictional wetlands. Exotics will be removed from these areas in accordance with County and State permitting requirements. Preservation ReQuirements: The property has a total of 37.68 acres of native vegetation. Native habitats on- site include palmetto prairie, pine flatwoods, cabbage plam and hydric pine flatwoods. Habitats not included as native vegetation include 1.05 acres of Brazilian pepper (FLUCFCS Code 422), 0.07 acre of disturbed land (FLUCFCS Code 740), a roadway (FLUCFCS Code 814), and the existing water storage facility (FLUCFCS Code 833). Portions of FLUCFCS Codes 422 and 740 do contain native habitat and have been used in determining the amount of native vegetation required for the site. A native vegetation map is provided as Exhibit J while Table 3 in the EIS provides a breakdown of the habitats on-site. In accordance with the Policy 6.1.1 of the Growth Management Plan - Conservation and Coastal Management Element, and Subsection 3.05.07 of the Land Development Code, a minimum of 15% (.15 x 37.68 acres = 5.65 acres) of native vegetation must be retained on-site. The proposed project has incorporated 5.65 acres of wetlands, upland buffers and uplands as native preserve within the development plan. Additionally, 1.70 acres of upland buffers and 2.39 acres of wetlands outside of the Collier County preservation area will be preserved for the SFWMD. A master site plan showing the location of the preserves on-site is included in the EIS as Exhibit I. Listed Species: A listed plant and animal species survey was conducted on July 30, 2004 and August 24, 2004, with additional observations made on April 14 and 21, 2003, August 7, 2003, and September 10, 2003. During the survey, one active and four inactive gopher tortoise burrows were identified. All the gopher tortoises were located in burrows in the existing spoil berm adjacent to the development area. No other listed species were observed during the surveys. EAC Meeting Agenda Item No. 8e February 27,2007 Page 34 of 69 Page 6 of 8 After receiving authorization from the Florida Fish and Wildlife Conservation Commission to test up to five tortoises for Upper Respiratory Tract Disease (URTD), a total of three gopher tortoises were successfully bucket trapped and tested in June and July, 2005. All tortoises tested negative (not infected) for URTD. Based on the test results, a recipient site was researched and the conservation area at Willow Run Quarry was selected. One Florida black bear telemetry point dated has been documented on the site. No telemetry points have occurred on the site since the one on February 3, 1993. VII. RECOMMENDATIONS: Staff recommends approval of approval of Rezone No. RZ-2005-AR-7271 "Public Facilities Rezone" with the following conditions: Storm water Mana2ement: 1. A SFWMD Surface Water Management Permit or ERP must be obtained prior to Site Development Plan approval. Environmental: No stipulations EAC Meeting Agenda Item No. Be February 27, 2007 Page 35 of 69 Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT KAY DESELEM, A.I.C.P. DATE PRINCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: BARBARA S. BURGESON PRINCIP AL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE EAC Meeting Agenda Item No. Be February 27. 2007 Page 36 of 69 Page 8 018 WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE MARJORIE STUDENT-STIRLING ASSIST ANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Agenda Item No. se February 27, 2007 Page 37 of 69 Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF DECEMBER 6. 2006 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Rezone No. RZ-2005-AR-7271 Public Facilities Rezone Collier County Public Utilities Engineering Department Hole Montes, Inc. Agnoli, Barber & Brundage, Inc. Passarella and Associates, Inc. Engineering Consultant: Planning Consultant: Environmental Consultant: II. LOCATION: The project site is located on the south side of Manatee Road approximately Y2 mile east of Collier Boulevard in Section 10, Township 51 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels with the following zoning classification: ZONING DESCRIPTION N- MH Developed S- MH Undeveloped E- MH Developed w- RMF-16 (8) Undeveloped IV. PROJECT DESCRIPTION: The subject property is a 42.2::1: acre site located on the south side of Manatee Road between Skyline Drive and Sapphire Boulevard. It is owned by Collier County Water & Sewer District. The site is currently zoned Rural Agricultural (A). The property owner is seeking a rezone to the Public Use (P) zoning district EAC Meeting Agenda Item No. se February 27, 2007 Page 38 of 69 Page 2 of9 but has amended the zoning request to limit the uses to be allowed within that zoning district to Essential Services only. This petition was originally heard by the EAC on October 4, 2006. At that time the petitioner sought a rezoning to the Public Use district but had not offered to limit the proposed uses; thus at that time all uses permitted by right in that zoning district would have been allowed if the rezone was approved as requested. After hearing the concerns raised by the EAC on October 4, 2006, the petitioner amended the request to limit the proposed use to Essential Services only. If, at a later date the petitioner wants other uses that are other than Essential Services, then the petitioner would need to apply for and receive either rezoning or conditional use approval in compliance with the Land Development Code regulations in effect at that time. Public hearings would be required in either rezoning or Conditional Use approval. This site, with the current A zoning is also the subject of an SDP for County Aquifer Storage and Recovery (ASR) wells. Wells are a permitted use in the A zoning district, however, an EIS was required for the wells. In the interest of saving time and taxpayer money, the EIS that was written for the ASR wells SDP was submitted to, and accepted by, County review staff for this rezone. Some of the information in the EIS is specific to the wells; however, the wetlands and wildlife issues studied in the EIS are relevant to both the wells SDP and this rezone. The site plan in the EIS indicates only the existing structures and the well sites, not the Water Treatment Plant (or other essential service). Rezoning to the P zoning district is distinctly different from rezoning to a Planned Unit Development (PUD) zoning district. A petitioner seeking approval of a PUD would be required to provide a site plan (Master Plan) indicating where specific uses, roads, preserves and water management facilities would be placed. On the other hand, the P zoning district is what is commonly referred to as a "conventional" zoning district. In conventional zoning districts, a site plan is not required. If a site plan is provided at all, it is usually for illustrative purposes only and is not binding on the rezoning action. Site plan review and approval is conducted as an administrative function as part of the development order approval process. Specific information about the placement of structures and water management features is provided as part of that process, commonly known as the Site Development Plan (SDP) process. The Existing and Future Potable Water Service Areas Map of the Potable Water Sub-Element of the Public Facilities Element of the GrO\vth Management Plan, indicates that the subject site is the location of a proposed Water Treatment Plant. However it is important to note that a Water Treatment Plant is listed in Section 2.01.03 of the LDC as an Essential Service; however, the LDC further states that EAC Meeting Agenda Item No. se February 27,2007 Page 39 of 69 Page 3 of9 a Water Treatment Plant is required to be approved as a Conditional Use. Therefore, if the Water and Sewer District wishes to construct a Water Treatment Plant on the subject site, advertised public hearings would have to be held in accordance with the Conditional Use procedures of the LDC, even after the site has been rezoned to the P zoning district. As part of the zoning action a site plan is not required to indicate the location of proposed structures. The dimensional standards (setbacks, height limitations, etc.) of the P district are specified in the LDC (Section 4.02.00 Site Design Standards). No changes to the dimensional standards are proposed. If changes were proposed, variance approvals would need to be sought which also requires public hearings. According to the petitioner's projected time table, a Water Treatment Plant may not be required on this site for six years. During that time, Water Treatment Plant technology will almost certainly change. Having P zoning in place on the subject site will alert neighbors that essential services are planned and would be allowed as proposed to be limited by the petitioner (and perhaps further limited by the Board of County Commissioners should the petition be approved). If it is later confirmed by the County that this site would best serve Collier County citizens if it a Water Treatment Plant is constructed on site, advertised public notices would be sent and public hearings in compliance with the LDC for Conditional Use petitions would be conducted. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted by the Land Development Code (LDC). The requested rezone to Public Use District limits uses to essential services. The requested rezone furthers the goals and objectives of the Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. Based upon the above analysis, staff concludes this petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. EAC Meeting Agenda Item No. se February 27, 2007 Page 40 of 69 Page 4 of9 Conservation & Coastal Mana2ement 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 storm water 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 detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Objective 2.4 and Policy 2.4.1, the Florida Department of Environmental Protection (FDEP) shall be notified of development projects within Rookery Bay Aquatic Preserve watershed. A copy of the Environmental Impact Statement (EIS) will be forwarded to FDEP staff at Rookery Bay Aquatic Preserve. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Greater than fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserve areas. Selection of preservation areas are consistent with the criteria listed in Policy 6.1.1. 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. 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). EAC Meeting Agenda Item No. se February 27,2007 Page 41 of 69 Page 50f9 In accordance with Policy 6.2.6, required preservation areas have been identified. 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. Protective covenants for the preserve areas will be included on the Site Development Plan. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan submittal. A gopher tortoise relocation permit has been obtained to relocate gopher tortoises off-site. VI. MAJOR ISSUES: Stormwater Mana2ement: This project will be permitted by the South Florida Water Management District (SFWMD). Collier County is not allowed to self-permit. SFWMD is the permitting agency for all County projects involving surface water management. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. That having been noted, the following is a summary of the proposed workings of the stormwater management system. The petitioner proposes constructing dry retention areas to intercept the runoff from the existing tank yard and from the future development areas including the proposed 6 MG storage tank, well sites, and access driveway. The bottom of the retention areas will be at 5.0 NGVD, which is 1 foot above the probable wet season water table elevation of 4.0 NGVD (average elevation measured at on-site upland/wetland interface). Some of the existing facilities are lower than the proposed improvements, so accommodations will be made Environmental: Site Description: The proposed project includes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility in located in the NW comer of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. Natural elevations on-site range from around 5.4 feet NGVD to 3.7 feet NGVD. The seasonal high water level of 4.0 feet NGVD represents the average recorded EAC Meeting Agenda Item No. se February 27, 2007 Page 42 of 69 Page 6 of9 along the upland/wetland lines at the on-site wells. The dry season water table is estimated at an elevation 1.0 feet NGVD based on surrounding projects. Two soil types occur on the property, Oldsmar Fine Sand (Soil Map Unit 16) and Ft. Drum and Malabar, High, Fine Sands (Soil Map Unit 20). Both soils are listed as non-hydric by the Natural Resources Conservation Service (NRCS). Wetlands: A total of 4.46 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands have been identified on the property (EIS Exhibit C). These wetlands are composed of a single FLUCFCS type (FLUCFCS Code 6259, Hydric Pine Flatwoods, Disturbed) and are broken down according to the degree of exotic infestation within them. The project development will not have any direct impacts to SFWMD/Collier County jurisdictional wetlands. Exotics will be removed from these areas in accordance with County and State permitting requirements. Preservation Requirements: The property has a total of 37.68 acres of native vegetation. Native habitats on- site include palmetto prairie, pine flatwoods, cabbage plam and hydric pine flatwoods. Habitats not included as native vegetation include 1.05 acres of Brazilian pepper (FLUCFCS Code 422), 0.07 acre of disturbed land (FLUCFCS Code 740), a roadway (FLUCFCS Code 814), and the existing water storage facility (FLUCFCS Code 833). Portions of FLUCFCS Codes 422 and 740 do contain native habitat and have been used in determining the amount of native vegetation required for the site. A native vegetation map is provided as Exhibit J while Table 3 in the EIS provides a breakdown of the habitats on-site. In accordance with the Policy 6.1.1 of the Growth Management Plan - Conservation and Coastal Management Element, and Subsection 3.05.07 of the Land Development Code, a minimum of 15% (.15 x 37.68 acres = 5.65 acres) of native vegetation must be retained on-site. The proposed project has incorporated 5.65 acres of wetlands, upland buffers and uplands as native preserve within the development plan. Additionally, 1.70 acres of upland buffers and 2.39 acres of wetlands outside of the Collier County preservation area will be preserved for the SFWMD. A master site plan showing the location of the preserves on-site is included in the EIS as Exhibit I. Listed Species: EAC Meeting Agenda Item No. se February 27,2007 Page 43 of 69 Page 7 of9 A listed plant and animal species survey was conducted on July 30, 2004 and August 24, 2004, with additional observations made on April 14 and 21, 2003, August 7, 2003, and September 10, 2003. During the survey, one active and four inactive gopher tortoise burrows were identified. All the gopher tortoises were located in burrows in the existing spoil berm adjacent to the development area. No other listed species were observed during the surveys. After receiving authorization from the Florida Fish and Wildlife Conservation Commission (FFWCC) to test up to five tortoises for Upper Respiratory Tract Disease (URTD), a total of three gopher tortoises were successfully bucket trapped and tested in June and July, 2005. All tortoises tested negative (not infected) for URTD and were relocated off-site to the conservation area at Willow Run Quarry in accordance with FFWCC permit # WR06064a. Tortoises on-site were relocated at the request of Collier County Environmental Services Department in preparation for expansion of the water facility. All the tortoises on- site were located in spoil berms located immediately adjacent to the existing water facility and were relocated since suitable gopher tortoise burrowing habitat is not found elsewhere on-site. One Florida black bear telemetry point dated has been documented on the site. No telemetry points have occurred on the site since the one on February 3, 1993. VII. RECOMMENDATIONS: Staff recommends approval of approval of Rezone No. RZ-2005-AR-7271 "Public Facilities Rezone" with the following conditions: Storm water Mana2ement: 1. A SFWMD Surface Water Management Permit or ERP must be obtained prior to Site Development Plan approval. Environmental: No stipulations EAC Meeting Agenda Item No. se February 27, 2007 Page 44 of 69 Page80f9 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE ENVIRONMENT AL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT K.A Y DESELEM, A.I.c.P. DATE PRINCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE EAC Meeting Agenda Item No. se February 27, 2007 Page 45 of 69 Page 9 of9 WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE MARJORIE STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Agenda Item No. se February 27,2007 Page 46 of 69 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s): Collier County Public Utilities Engineering Department Applicant's Mailing Address: 3301 Tamiami Trail East. Building H. City: Naples State: FL Zip: 34112 Applicant's E-Mail Address: Aliciaabbott(ci)colliergov.net Applicant's Telephone: (239) 530-5335 Fax: (239) 530-5378 Name of Agent: Fred ReischL AICP Firm: Agnoli, Barber & Brundage, Inc. Agent's Mailing Address: 7400 Tamiami Trail North City: Naples State: FL Zip: 34108 Agent's Telephone: (239) 597-3111 Fax: (239) 566-2203 Agent's E-Mail Address: Reischl(a)abbinc.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR ST ANDARD REZONE - 4114/03 Agenda Item No. Be February 27,2007 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly 1iift1l7 47 of 69 ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A Mailing Address City State _ Zip Name of Civic Association: East Naples Civic Association (President - Ken Drum) Mailing Address: 8404 Mallow Lane City: Naples State: FL Zip: 34113 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). This property is owned by the Collier County Board of County Commissioners. Name and Address: NA Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 b. If the property is owned by a CORPORATION, list the officers and stoclCMldePsof 69 and the percentage of stock owned by each. Name and Address, and Office: N/A Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address: N/A Percentage of Interest 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: N/ A Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address: N/A Percentage of Ownership Date of Contract: f If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address: N/A APPLlCA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/] 4/03 Agenda Item No. se February 27, 2007 Page 49 of 69 g. Date subject property acquired [3J leased 0 03/09/83 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le2al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 1 0 Township: 51 Range: 26 Lot: Block: Subdivision: Plat Book_ Page #: Property J.D. #: 00732600008 Metes & Bounds Description: 4. Size of property: ft. X ft. = Total Sq. Ft. 1.722,798 Acres: 42.2 5. Address/2enerallocation of subject property: 1300 Manatee Road, Naples. FL 34112 6 . Adjacent zonin2 and land use: Zoning Land use N MH Henderson Creek Park South Subdivision APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 S MH Undeveloped Agenda Item [\lo. se February 27, 2007 Page 50 of 69 E MH Enchanting Shores Mobile Home Park w RMF-16 (8) Undeveloped Does the owner of the subject property own property contiguous to the subject property? No. If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book_Page #: Property I.D.#: Metes & Bounds Description: 7 . Rezone Request: This application is requesting a rezone from the A zoning district (s) to the P zoning district(s). Present Use of the Property: A pump station is located in the northwest quadrant of the propertv. The remainder is undeveloped. Proposed Use (or range of uses) of the property: The Permitted Uses of the P zoning district: specifically limited to: essential services. The Applicant retains the right to request Essential Service Conditional Uses through the Conditional Use process. 8. Evaluation Criteria: Pursuant to Section 10.03.05.G. of the Collier County Land Development Code, staffs 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. Standard Rezone Considerations (IDC Section 10.03.05. G.) 1. vVhether the proposed change Vvill be consistent with the goals. objectives, and policies andfilture land use map and the elements of the groVvth management plan. The proposed rezone is for public use for the health, safety and welfare of the citizens of Collier County, which is consistent with the GMP. APPLlCA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 Page 51 of 69 2. The existing land use pattern. The surrounding property is zoned for residential use (MH & RMF). Residential uses require infrastructure, including essential services, in order to meet concurrency requirements. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This rezone will technically create an isolated district (P), however, the P district exists as infrastructure to support the adjacent zoning districts and therefore, it will not be unrelated to nearby residential districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Existing district boundaries are logically drawn. A Water Treatment Plant is one of the possible uses of the subject site and could be approved as a Conditional Use in the existing (A) zoning district. However, a CU would put time constraints on the construction of the facility. A rezone to Public Use would allow construction of a Water Treatment Plant (as a Conditional Use with advertised public hearings), or other essential service facility, at a future date when public need requires it, . Also, it would allow potential developers of the adjacent vacant property to identify the potential uses of the site and plan accordingly. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessmy. There are changing conditions, however not necessarily in this immediate neighborhood. Development in this area of the County may require a new Water Treatment Plant or other essential service facility in the near future. The Potable Water Sub-Element of the GMP identifies this site as a location of a WTP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The Public Utilities Engineering Department believes that the required buffers will allow the visual screening of a Water Treatment Plant or other essential service facility from the neighbors. In addition, a 6-foot wall and an odor control unit is a part of this Collier County WTP, if that is what is eventually constructed. 7. Whether the proposed change ~ill 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. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -4/14/03 Agenda Item No. 8e February 27, 2007 A Water Treatment Plant will be staffed and there will be a limited number ofPage 52 of 69 workers entering and exiting the site. Other essential services will generate different volumes of traffic. The requested uses are limited to those that generate limited trips. If, at the time of SDP, County staff determines that a proposed use may generate a significant amount of trips, a TIS may be required. 8. TVhether the proposed change 11cill create a drainage problem. At the time of SDP approval, the plans will be required to meet LDC requirements for stormwater management; therefore, no drainage problem will be created. 9. FVhether the proposed change 11cill seriously reduce light and air to adjacent areas. Whichever type of government facility is developed, it will be required to meet the setbacks of the Public Use zoning district and will not reduce the circulation of air and the availability of light more than an agricultural operation or residential uses. The setbacks in the P district are the same as the most restrictive adjoining district. In this case, the most restrictive would be the RMF -16 district which requires a front yard of 30 feet, a side yard of 15 feet and a rear yard of 30 feet. 10. Whether the proposed change 11cill seriously affect property values in the adjacent area. A Market Study for Property Values was not required as a part of this petition. However, the Public Utilities Engineering Department believes that the required buffers and the essential service character of the facility will not cause adjacent property values to be affected. II. Whether the proposed change 11cill be a deterrent to the improvement or development of adjacent property in accordance lvith existing regulations. A Market Study for Property Values was not required as a part of this petition. However, the Public Utilities Engineering Department believes that the required buffers and the essential service character of the facility will not cause adjacent property values to be undevelopable in accordance with the existing regulations. 12. Whether the proposed change ltill constitute a grant of special privilege to an individual 011c71er as contrasted v.ith the public welfare. The proposed change is not a grant of special privilege. In fact, the rezone supports the public welfare by allowing an essential service to be provided. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property could be used as a Water Treatment Plant under the current A zoning if a Conditional Use is approved. (Approval of a CU requires the same protections to the public, in the form of public hearings, as a rezone.) However, a CU provides a time limitation for commencement of the use. The rezone to P will allow a Water Treatment Plant to be permitted as a Conditional Use (with advertised public APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -4/14/03 Agenda Item No. Be February 27,2007 hearings) as well as providing other essential service options, and providing n8tig~ W of 69 the public, that the site will contain some sort of essential service. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change is to provide for the essential service needs of County residents and is, therefore, not out of scale with the needs ofthe neighborhood or 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 LDC states that Water Treatment Plants are Conditional Uses in evelY zoning district. Therefore, advertised public hearings for a Conditional Use are required at any location for a WTP. Rezoning to P will alert neighbors to the possible uses of the property. 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. There are jurisdictional wetlands on site, however, the Utilities Department does not believe that the presence of the wetlands would prevent the development of the property for a Water Treatment Plant or other essential service. 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 [Code ch. 106, art. II], as amended. Because a Water Treatment Plant is a public facility which would affect the LOS of Collier County utilities, this rezone will have a positive impact on adequate public facilities. Other uses would also have a positive impact on the adequacy of other essential services. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. The Public Utilities Engineering Department believes that the rezoning of the subject site to Public Use is beneficial to the public health, by providing a site for a Water Treatment Plant or other essential service facility for the citizens and visitors to Collier County. 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. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 Agenda Item No. Be February 27,2007 10. Previous land use petitions on the subiect propertv: To your knowledge, has @~l:iHlcof 69 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. A copy ofthe pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8W' x II" 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 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 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; APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -4/14/03 Agenda Item No. se February 27,2007 h. A historical and archeological surveyor waiver application if property ig:>kIDareuof 69 within an area of historical or archaeological probability (as identified at pre- application meeting); i. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 j. 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. 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 APPLICA TJON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item ~~o. se February 27, 2007 Page 56 of 69 STA TEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: Collier Countv Public Utilities Engineering Department 2. MAILING ADDRESS: 3301 Tamiami Trail East. Building H. CITY: Naples STATE: FL ZIP: 34112 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1300 Manatee Road, Naples, FL 34112 4. LEGAL DESCRIPTION: Section: 10 Township: 51 Range: 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 00732600008 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRt\NCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 7. TOTAL POPULATION TO BE SERVED: APPLICATION FOR PUBLIC HEARING FOR ST ANIlARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 Page 57 of 69 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY 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 effluent 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. 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. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-4/14/03 Agenda Item No. se February 27, 2007 Page 5S of 69 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 20* X 5. Conceptual Site Plans 20* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Surveyor Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Electronic copy of all documents and plans 1 X 14. Application Fee = $6000.00 plus $25.00 per acre - X Comprehensive Plan Consistency Review = $750.00 Fire Code Review Fee = $100.00 Check shall be made payable to: Collier County Board of Commissioners 15. Letter of no objection from the United States Postal 1 X Service. 16. Other Requirements- * Additional Documents required for Long-Range Planning Reyiew. 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. Agnoli, Barber & Brundage, Inc., Agent Date APPLICA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 Page 59 of 69 AFFIDA VIT WelL being first duly sworn, depose and say that well amlare 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 mvner Wellfilrther authorize as ourlmy representative in any matters regarding this Petition. to act Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of 200_, by who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notmy Public) TRAFFIC IMPACT STATEMENT (TIS): APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 Aoenda Item No. se -February 27,2007 A TIS is required unless waived at the pre-application meeting. The TIS required may bcP~her::aof 69 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: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4, 5.1,5.2,7.2 and 7.3. A Major TIS 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. Planned/Proposed Roadway Improvement 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. Be February 27,2007 The following standards shall be used in preparing a TIS for submittal in conjunctioRa,QitN>1aof 69 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) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assi2nment: Provide a map 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. Existin2 Traffic: Provide a map 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 (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TeE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0- 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6 . Intersection Analvsis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Back2round 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 characteristics. APPLlCA TJON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/J 4103 Agenda Item No. se February 27,2007 8. Future Traffic: An estimate of the effects of traditional increases in traffic ~Ufl:mgof 69 from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) 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. Throu2h Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadwav Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasin2: 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 may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PIJBLlC HEARING FOR STANDARD REZONE - 4/14/03 ADDRESSING CHECKLIST -'ease complete the following and submit to the Addressing Section for Review. Not all items will applv to every proiect. Items in bold type e required. 1. Legal 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 ifmore than one) 3. Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIPI (SIP Insubstantial Change) o SNR (Street Name Change) o Vegetation/Exotic (Veg. Removal Permits) o Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) o PPL (Plans & Plat Review) o PSP (Preliminary Subdivision Plat) o FP (Final Plat) o LLA (Lot Line Adjustment) o BL (Blasting Permit) o ROW (Right-of-Way Permit) o EXP (Excavation Permit) o VRSFP (Veg. Removal & Site Fill Permit) 11. Please Check One: 0 Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name Phone Fax 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number Address Number Address Number Address Number Approved by Date APPLlCA T10NFOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 Page 64 of 69 APPLICANT'S AGENT'S NARRATIVE STATEMENT SENT VIA E-MAIL DECEMBER 5, 2006 Submitted by Dominick J. Amico, Jr., P.E. Agnoli, Barber, & Brundage, Inc. Public Utility Engineering Department's (PUED) desire in this [rezoning] project was to put the neighbors on notice that some day (8-10 years) there would be a water treatment plant built on this site. In order to achieve this notification in a public hearing type of atmosphere and have it run with the land so that this information is readily available in the public records, a Zoning petition of some sort was considered to be the best vehicle of notification. Normally, a Conditional Use (CU) petition would have been done on this site to allow the use without a rezone of the underlying base zoning (AG). This process was deemed unacceptable as the CU's only last for 2 years. Another choice would have been to file a PUD for this site, but unfortunately PUD's sunset in 5 years which is not long enough to meet the required time horizon The only remaining possible zoning choice was the Public (P) zoning. The problem with P zoning is that it allows too many uses such as parks, libraries, and other high traffic generators. [It was] therefore decided to limit the P rezone to "Essential Services" only to alleviate traffic concerns brought by Collier County (CC) Transportation and the neighborhood. Please note that even with an unlimited P zoning, a Water Treatment Plant (WTP) would still need to undergo a CU process prior to site development approval. There was a thought of limiting the P zoning on this site to only a WTP and related uses. The project planner, Kay Deselem indicated that this specific limitation was not possible. My thought would be that if this were done, it would tend to circumvent the need to someday go through the CU process to build a WTP which would be illegal. Therefore, in sun1mary, we are rezoning to Public limited to Essential Services. The Essential Services listed in the LDC do not generally generate traffic. The project will have the P designation on the official zoning atlas of the County and a CU will be needed before a WTP can be built there. This is the only process that achieves PUED's desires as stated above and would appear doable on this site and will last for a long enough time. An unlimited P rezone would likely not be approved by the Environmental Advisory Council (EAC) and likely the Collier County Planning Commission (CCPC) and would have strong objection from other County departments. APPLICANT'S AGENT'S NARRATIVE STATEMENT 12-5-06.doc Agenda Item No. Be February 27,2007 Page 65 of 69 ORDINANCE NO. 07 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINA.NCE 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 TO CHANGE THE ZONING CLASSIFICA TION OF THE SUBJECT REAL PROPERTY LOCATED AT 1300 MANATEE ROAD IN SECTION 10, TOWNSHIP 51 SOlITH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE PUBLIC USE (P) ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Fred Reischl, AICP, of Agnoli Barber & Brundage, Inc., representing Collier County Public Utilities Department, petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition Number RZ-2005-AR-7271. 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 Exhibit "A", which is incorporated herein and by reference made part hereof, located in Section 10, Township 51 South, Range 26 East, Collier County, Florida, is hereby changed from the Agricultural (A) zoning district to the Public Use (P) zoning district, subject to the conditions shown in Exhibit "B." The appropriate zoning atlas map or maps, as described in Ordinance 2004-41, as amended, the Collier County Land Development Code, are to be amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by supermajority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2007. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETrA, CHAIRMAN Appro and Ie - Agenda Item No. Be February 27, 2007 Page 66 of 69 l I ! LEGAL DESCRIPTION (O.R. BOOK 7071, PAGE 7887) PRACI10NAL. THE SOUTHEAST 1/4- OF THE NORTHEAST 1/4 OF SECnON 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNT'I', FLORIDA. EXCEP71NG THEREFROM THE NORTH 30 FEET. METES AND BOUNDS BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECnON 10, TOWNSHIP 5 t SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA. THENCE RUN N 01'57'50. E, ALONG THE WEST UHE OF SAID FRACnON FOR A DISTANCE OF 1340.25 FEET TO THE POINT OF INTERSECnON OF THE SOUTHERLY RIGHT OF WAY UHE OF MANATEE ROAD AND THE WCST UNE OF. SAID FRACnON. THENCE RUN S 89'16'39- E, ALONG THE SOUTH RIGHT OF WAY UNE OF MANATEE ROAD,BElNG 30 FEET'SOUTH OF AND' PARAL1.EL TO THE NORTH UNE OF SAID FRACnON, FOR A DISTANCE OF 1370.51 FrrT TO THE POINT OF INTERSEC710N OF THE SOUTHERLY RIGHT OF WAY UNE OF MANATEE ROAD AND THE EAST UNE OF SAID FRACnON. THENCE RUN S 01'59'18- ~ ALONG THE EAST UNE OF SAID FRAC710N, FOR A DISTANCE OF 1343.72 FEU TO THE. SOUTHEAST CORNER OF SAID FRACnON. .THENCE RUN N 89'OS'OO"W ALONe; THE SOUTH UNE OF SAID FRACnON, FOR A DISTANCE OF 1369.87 FEET TO THE P01NTOFBEGINNING~ CONTAINING 42.203 ACRES, MORE OR LESS. RZ-2005-AR-7271 EXHIBIT A Agenda Item No. se February 27, 2007 Page 67 of 69 PUBLIC FACILITIES REZONE RZ-2005-AR-7271 CONDITIONS OF APPROVAL 1. The uses allowed on this site are limited to the description found in the LDC Section 2.01.03 as further described below: Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); and 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings. 2. Structures shall not exceed an actual height of 60 feet, measured from the centerline of the road. 3. Structures shall maintain a 100 foot wide minimum setback on all sides. Conditions of Approval 1-26-07 EXHIBIT B Enchanting Shores Co-op, Inc. 17 Turquoise Ave. Naples, FL 34114 239-775-1221 www.enchantingshores.com Aaenda Item No. 8e ~February 27, 2007 Page 68 of 69 f1 [~ {~~ ~~:: ~ \~/ L~~ ~J C f; lOSS June 13,2005 ZO:~iNG OEPI\F-tH::ENT Ms Kay Deselem, Principal Planner Community Development and Environmental Services 2800 Horseshoe Drive Naples, FL 34104 RE: Rezone Petition # RZ-200oo5-AR-7271, Public Facilities Rezone Dear Ms Deselem, This letter follows the' neighborhood information meeting held on May 191h concerning the above referenced rezoning petition. As President of Enchanting Shores Co-op, Inc I wish to add the following comments to the record. I will be sending copies to the review board as well. Enchanting Shores Co-op, Inc is immediately across Manatee Rd to the north of the proposed rezone area There are approximately 26 homes, which back up to Manatee Rd. the length of the rezone area I wish for the reviewers to know that we are faced with a sports park being constructed behind Manatee Middle School just to our east. In view of this we are against any use of the proposed rezone that would add any vehicular traffic to Manatee Rd. ESe residents as well as those folks residing in Macro Shores Estates and the Riverwood Community use the sidewalk area of Manatee Rd. We also object to any modification, especially widening, of Manatee Rd. All three of the aforementioned communities are in close proximity to the rezone parcel Accordingly, we would be against uses such as communication towers, waste water treatment, fairgrounds, libraries, museums, parks, emergency medical, fire safety, traffic safety, heliport, administrative service facilities and resource recovery. . For the safety of our residents we respectfully request the review board to take this under advisement Also, we ask that any construction in that area be required to improve the drainage along Manatee Rd, whieh is presently a problem during hard rain. Likewise, we object to any use of chemicals that would emit odors, again, due to the proximity of Enchanting Shores. Lastly we would like to see a nice looking buffer area along Manatee Rd. instead of chain link fencing such as that presently where the water tanks are. We feel that such fencing is an eyesore and detrimental to our property values. Thank you for your time. SjjlY'L p~ --lis ' President - Enchanting Shores Co-op, Ine June 10, 2005 Agenda Item No. se February 27,2007 Page 69 of 69 Letter to Ms Kay Deselem - Principal Planner Cc: ESC Board of Directors Gil Riddell - ESC Property Manager Collier County Planning Commission Members Carol Smallwood - President Riverwood Homeowners Assn Doreen Martin - Marco Shores Estates Board Margie Hapke Public Information Coordinator - Public Utilities Division EXECUTIVE SUMMARY Agenda Item No. 9A February 27,2007 Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE PELICAN BAY SERVICES DIVISION BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 31, 2009 to the Pelican Bay Services Division Board. CONSIDERATIONS: This 11 member Board was established by Ordinance 2002-27, as amended, to provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in the Ordinance; recommend to the BCC an itemized budget, work programs, and priorities to the BCC in accordance with the adopted budget or budget amendments. The board will exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. A list of the current membership is included in the backup. Mr. Christopher F. Sutphin, representing Resident category, resigned on January 8, 2007. Ordinance 20026-5, Section Five reads: "Any member of the PBSD Board who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status, Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of such vacancy, or if a vacancy occurs by any other process, the Board of County Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person from among the unsuccessful candidate(s) vying for the position from the immediately preceding recommendatory balloting that received recommendation from the PBSD Board. In the event the PBSD Board should fail to provide its recommendation to the Board of County Commissioners within twenty days of the Board of County Commissioners being informed of "member's change in status, the Board of County Commissioners shall appoint the recent unsuccessful candidate that received the greatest number of votes among those unsuccessful candidates. In the event that there are no prior unsuccessful candidates available for appointment to the PBSD Board as provided herein, the vacant position shall be filled pursuant to the procedures of Collier county Ordinance No. 2001-55 including as may be amended or its successor ordinance. Below is the list ofthe 3 unsuccessful applicants vying for the position in 2005 and the votes they received during the 2005 balloting process: APPLICANT CATEGORY ~ .Q.lli! ELECTOR ADV. COMM. Mary Ann Womble Resident 576 2 Yes None Joan Sehdev Resident 424 2 Yes None Harry L. Coburn Resident 411 2 Yes None RECOMMENDATION: Mary Ann Womble FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint Mary Ann Womble, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 27,2007 Agenda Item No. 9A February 27. 2007 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9A ApPointment of member to the Pelican Bay Services DivIsion Board 2/21/20079.0000 AM Preps red By Sue Fils-on Executive Manager to the Bee Date Board of County Commissioners Bce Office 1/11120079:31 :41 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11121200710:57 AM Agenda Item No. 9A February 27,2007 Page 3 of 8 Memorandum To: Sue Filson Executive Manager Board of County Commissioners From: Barbara Smith, Administrative Assistant Pelican Bay Services Division Date: February 8, 2007 Subject: Residential Vacancy - Pelican Bay Services Division Board At the Pelican Bay Services Division Board Meeting yesterday, February 7, 2007, Mr. Donald Spanier moved, seconded by Mr. John Domenie Sutphin and approved unanimously, on a vote of 1010, to make the recommendation to the Board of County Commissioners for the appointment of Mrs. Mary Ann Womble to fill the residential vacancy on the Pelican Bay Services Division Board created by the resignation of Mr. Chris Sutphin. Mrs. Womble is the candidate with the next highest number of votes from the March 2005 balloting. If you have any questions or need anything further please contact me. Pelican Bay Services (- ./ (.-.) Agenda Item No. 9A February 27, 2007 Page 4 of 8 filson . _. From: Sent: To: Subject: J. Walter Cross [JWalter.CrosS@clerk.collier.f1.us] Monday, March 14, 2005 2:36 PM filson_s RE: Pelican Bay Sue: Heidi Ashton, representing the County Attorney's office and I, representing the Clerk of Courts, have completed the ballot count and are presenting to the Board of County Commissioners the following results: 1.) John J. Boland - 1030 2.) Christopher Sutphin - 976 3.) John Dominie - 934 4.) Maurice James Burke - 887 5.) Mary Anne Womble - 576 6.) Joan Sedhev - 424 7.) Harry L. Coburn - 411 I believe that you are going to prepare the executive summary for the BCC meeting. I will be present to answer any questions. Thanks for your help. J. Wal ter Cross Executive Assistant to the Clerk -----Original Message----- From: filson s [mailto:SueFilson@colliergov.net] Sent: Wednesday, February 23, 2005 11:11 AM To: J. Walter Cross; Dwight E. Brock; Weigel, David Subject: Pelican Bay Just a note to let you know that the BCC at yesterday's meeting approved the place and time for counting the ballots recommended by the Clerk as: BCC Chambers on Monday, March 14th at 2:00 p.m. Let me know if you have any questions. Thanks. 1 ( c I\genda Item No. 9A I February 27, 2007 Page 5 of 8, Pelican Bay Ballot Count - March 14. 2005 " I.) lohnl. Boland 1030 2.) Christopher Sutphin 976 3.) John Domeme 934 4.) Maurice James Burke 887 5.) Mary Ann Womble 576 6.) Joan Sehdev 424 7.) Harry L. Coburri 411 Total Residential Ballots mailed 6712 Number of Residential Ballots Returned 1495 I Agenda Item No. 9A February 27,2007 Page 6 of 8 ( Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Coleman J. Connell 566-2145 02114/06 03/31/10 4 Years 7024 Pelican Bay Boulevard 566-2145 Naples, FL 34108 E-Mail: concoll@ao1.com District: 2 Category: Resident Mr. David C. Nordhoff 03/25/03 03/31/07 4 Years V 8420 Abbington Circle #B 11 594-8420 Naples, FL 34108 E-Mail: District: 2 Category: Resident Ms. Annette M. Alvarez 398-1605 01109/07 03131/09 2 Years -.'. 2833 Inlet Cove Lane, W. 348-7065 "- Naples, FL 34120 E-Mail: aalvarez@watersideshops.com District: 5 Category: Commercia1lProperty Mr. Maurice James Burke OS/22/01 01/29/05 4 Years 5801 Glencove Drive, #508 598-3140 03/22/05 03/31/09 4 Years Naples, FL 34108 E-Mail: therightperson@msn.com District: 2 Category: Resident Mr. David J. Bramson 02/14/06 03/31/10 4 Years 353 Carlton Place 596-0464 Naples, FL 34108 E-Mail: davidbramson@earthlink.net District: 2 Category: Resident _.~ ~~<ClB~"",.~~t\Il'::t;;:"lo'~':~~C.G',,::.::Ett,;'(,7;.~~.~_"N.~""'i':~1!Ul'7i':"...~ICr.~."_tiCU.C:~:r.!-'::'-;:;'~'=':":'lW.i..~_':".:J2.~C:'-.:.;.~~r~~:~_; .:".:,!i,~,::::,;:~~;;~~~,::;r'=:C'1"3_ Wednesday, January 10, 2007 Page 1 of3 Agenda Item No. 9A February 27.2007 Page 7 of 8 (- Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. John J. Boland 03/22/05 03/31/09 4 Years 8420 Abbington Circle, Bl5 594-0131 Naples, FL 34108 E-Mail: jolmsusanboland@ao1.com District: 2 Category: Resident Mr. Donald Spanier 04/22/03 03/31/07 4 Years / 812 Pitchapple Lane 594-2851 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. John Domenie OS/22/01 01/29/05 4 Years 749 Bentwater Circle #201 566-3179 03/22/05 03/31/09 4 Years (' Naples, FL 34108 E-Mail: johandomenie@ao1.com District: 2 Category: Resident Mr. John Iaizzo 03/25/03 03/31/07 4 Years /' 6573 Marissa Loop, # 1902 592-0676 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. Ed Staros 598-6626 06/25/02 01120/06 4 Years 753 Brentwood Point 596-4561 02/14/06 03/31/10 4 Years Naples, FL 34110 E-Mail: ed.staros@ritzcarlton.com District: 2 Category: Commercial ( ;':].:.."'6'C-.::-:....;.:~~~;p,;~..?:-.-:.~,.~.nc.I.:..;:~.....:.~Woi:?:-:<.~ ~."'Z7:.~.;~'W.,':.;~.7:1!..r;;;..;~.::.'l~~:-.~:!!~':'!:ii'C)...::::::r~::7..~,-:-,";:.iA.~~.~..:,:':.~_::...~:s"~rc ';,-';".r~..c..:.,~-~"'f-.~:.",,}!',,~-;.i~.:?..~. Wednesday, January 10, 2007 Page 2 of 3 Agenda Item No. 9A February 27,2007 Page 8 of 8 Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Christopher F. Sutphin 596-1351 8720 Bay Colony Drive, #104 596-1351 Naples, FL 34108 ('t5 (In:eI E-Mail: chris@cfsbbs.com!..... ~ ~ District: 2 Category: Resident OS/22/01 03/22/05 01/29/05 03/31/09 4 Years 4 Years This 15 member committee was created by Ord. No. 90-111 and amencled by Ord. No. 91-22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in determining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District On 11/3198 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On April 11 , 2000, the BCC adopted Ord. No. 2000-22 reducing the membership from 13 members to 11 members. On 5128/02 the BCC adopted Ord. 2002-27 establishing the 11 member committee. Membership shall be 9 representative of the residential interests within the Unit and 2 shall be representative of the commercial & business interests within the unit. Terms will expire on March 31 Jay Cross, Executive Assistant to Clerk 732-2725 On 01/24/06 BCC adopted Ord. 2006-05, amending 2002-27 changing the name and appointment process, and including the restoration of the mangrove forest preserve to duties. FL STAT 125.01 Staff: Barbara Smith, Pelican Bay Services Division: 597-1749 i':":: :',."~'--;:,;.,~-~:r,i:'!.'I!-'-:::':".'_~:':':<L~':"i,'_;~_::~:';:~;::";:~::""~~.':"-.:~..:z'Z?::"'::::':'A"":4:7:nr,~~..,.:"C":",;<:;:"."':':":':';"~,"_,;:,'~'~-:.,::~-::r~:;:;;':I',:.;--!~atQ'i?a;; ::'.~;x:.~~~~~;~;~~~';lC';t! Wednesday, January 10, 2007 Page 3 of 3 EXECUTIVE SUMMARY Agenda Item No. 98 February 27,2007 Page 1 of 29 -- APPOINTMENT OF MEMBER(S) TO THE BA YSHORE BEAUTIFICA nON MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 3,2009, to the Bayshore Beautification MSTU Advisory Committee. CONSIDERA TIONS: The Bayshore Beautification MSTU Advisory Committee has 1 vacancy due to a resignation. This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. Mr. Raymond Perrine resigned on December 4, 2006. A press release was issued and resumes were received from the following 7 interested citizens: APPLICANT CATEGORY mg ELECTOR ADV. COMM. - Barbara A. Sage Does not reside within MSTU 4 Yes None Joseph Borgia, 5'" Resides within MSTU 4 Yes None David Allen Does not reside within MSTU 3 Yes None Karla Gibbs Resides within MSTU 4 Yes None David Woodworth Resides within MSTU 4 Yes None William Conrad WilIkomm Resides within MSTU 4 Yes None Alan Eugene Hubbard Does not reside with MSTU 4 Yes None COMMITTEE RECOMMENDATION: William Conrad Willkomm 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 27, 2007 - Agenda Item No. 9B FerJruary 27, 2007 Page 2 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 98 Item Summary: Meeting Date: Appointment of mernDer to the Bayshore Beautification MSTU Advisory Committee 2/21/2007 9 00 00 AM Prepared By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 2/6120076:45:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/151200712:15 PM Agenda Item No. 98 February 27,2007 Page 3 of 29 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: February 12,2007 SUBJECT: Bayshore Beautification MSTU Recommendation to the Board for filling vacant position. The Bayshore Beautification MSTIJ has received and reviewed seven applications by the prescribed deadline for its vacancy. Applicants were evaluated based on the potential contribution to the Committee. Three of the seven applicants (Barbara Sage, David Allen, Alan Eugene Hubbard) did not reside and/or owned a business within the Bayshore MSTU Boundaries. The applicant listed below meets the criteria required to be eligible for the committee and resides within the MSTU's district boundary. The Committee recommends the following applicant, William Conrad Willkomm for appointment to the vacant term as indicated below: TYPE OF TERM NAME APPOINTMENT EXPIRES W. Conrad Willkomm New March 3,2009. FIELD OF EXPERTISE/CATEGORY Resident of Naples 2<H- years. Presently owns - Law Office of Conrad Willcomm, PA Background - Graduated from Naples High School, University of Fla. University of Miami School of Law Community Activities - Past president of Bayshore Cultural Arts. Transportation Services Division All. Transportation Modes Department Memo- Sue Filson February 12,2007 Subject:: Bayshore MSTU - Recommendation for vacancy Agenda Item No. 9B February 27,2007 Page 4 of 29 The three applicants bellow meet the criteria required to be eligible for the committee and reside within the MSTU's district boundary as well. NAME Joseph Borgia Karla Gibbs David Woodworth FIELD OF EXPERTISE/CATEGORY Resident of Naples 21+ years. Presently owns Borgia's Ultra Modem Homes and Roofing Company. Background - Graduated Lely High School, 10 yrs. Continued education for state license - Building Contractor and State License Roofing Contractor, Ex- Deputy Sheriff. Community Activities - Coached Pal Football, YMCA & Little League Baseball for II years, Ran for East Naples Fire Commissioner this year. Resident of Naples 3+ years, Presently employed by Collier Enterprises. Background - BA Political Science, Minor Latin American Studies, Fluent Spanish, Basic Italian. Community Activities - None Resident of Naples 28 + years, Presently is an Agent - Sun Realty, LLC and Business Owner orv oice Box Services, Inc. Background - Bachelors of Forestry - Stephen F. Austin University, 1977), Masters in Education - University of Miarni. Classroom teacher Collier County Public Schools for 24+ years. Community Activities - None Please let me know if you need additional information. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 98 IAll>r~?z.. 20Q.l.02 4='~~ ~ 8\'iB MEMORANDUM DATE: January 2, 2007 Elections Office ~ ~ / Sue Filson, Executive Manage~ 4 j Board of County Commissioners TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BA YSHORE BEAUT MSTU ADV COMM v;/ ~f COMMISSION DISTRICT Barbara A. Sage 3515 Thomasson Drive Naples, FL 34112 vt Joseph Borgia 5th 2723 Riverview Drive Naples, FL 34112 r'~~/ vy/ o J David Allen 405 Leawood Circle Naples, FL 34104 Alan Eugene Hubbard 3051 Sandpiper Bay Circle, Suite 1-106 Naples, FL 34112 If"'" l/i t/}l/ v\ \ v\ /' LYv e' ~,' { Karla Gibbs 2670 Storter Avenue Naples, FL 34112 David Woodworth 2735 Lakeview Drive Naples, FL 34112 William Conrad Willkomm 4108 Cindy Avenue Naples, FL 34112 Thank you for your help. Agenda Item No. 98 February 27, 2007 Page 6 of 29 (- Bayshore Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Raymond Perrine - .erJ 775-3408 06/28/05 03/03/09 4 Years 405 Leawood Circle (f516r- ~AI\P 775-8539 Naples, FL 34104 ,1.' E-Mail: perrine. inc@comcast.net District: 3 Category: Commercial Property Owner Mr. Victor L. Brittain 04/27/04 03/03/05 1 Year 2779 Becca Avenue 793-3223 02/22/05 03/03/09 4 Years Naples, FL 34112 E-Mail: barecloset@aol.com District: 4 Category: Resident Mr. Thomas E. Finn 03/11/03 03/03/06 3 Years 3524 Windjammer Circle 793-2085 02/28/06 03/03/10 4 Years --" Naples, FL 34112 '--=~; E-Mail: Tfinnster@comcast.net District: 4 Category: Resident Mr. Maurice Gutierrez 263-0572 08/03/99 03/03/00 8 Months 2736 Shoreview Drive 774-7022 01/27/04 03/03/08 4 Years Naples, FL 34112 E-Mail: District: 4 Category: Resident Mr. Bill L. Neal 03/03/98 03/03/00 2 Years 4800 Yacht Harbor Drive, #822 774-6325 01/27/04 03/03/08 4 Years Naples, FL 34112 E-Mail: District: 4 Category: Resident Wednestky, March 01, 2006 Page 1 of2 ..../ c- C---.,. (~:< Agenda Item No. 9B February 27,2007 Page 7 of 29 Bayshore Beautification MSTU Advisory Committee Name Work Phone Home PIrone Term 2nd Term Appt'd DateRe-appt Exp. Date 2ndExpDate This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. Terms are 4 years. FL STAT 125.01 Staff: Tessie Sillery, Transportation Operations: 213-5840 ~, Wednesday, March 01, 2006 -.........., Page 2 of2 Agenda Item No. 98 February 27,2007 Page 8 of 29 MEMORANDUM DATE: January 2, 2007 TO: Tessie Sillery, Transportation] Ope'ons Sue Filson, Executive Manager · Board of County Commissione ~ FROM: RE: Bayshore Beautification MSTU 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: Barbara A. Sage 3515 Thomasson Drive Naples, FL 34112 Joseph Borgia 5th 2723 Riverview Drive Naples, FL 34112 David Allen 405 Leawood Circle Naples, FL 34104 Karla Gibbs 2670 Storter Avenue Naples, FL 34112 David Woodworth 2735 Lakeview Drive Naples, FL 34112 William Conrad Willkomm 4108 Cindy Avenue Naples, FL 34112 Alan Eugene Hubbard 3051 Sandpiper Bay Circle, Suite 1-106 Naples, FL 34112 ---~l , I Agenda Item No, 98 February 27, 2007 Please let me know, in writing, the recommendation for appointment of the advisory conurii'ttee 9 of 29 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 filson_s Page 1 of 1 Agenda Irem No. 9B February 27, 2007 Page 10 of 29 ~ From: barbara@cptcollier.org Sent: Thursday, December 28,2006 9:24 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/28/2006 9:24:08 AM. Name: lBarbaraA. Sage! Home Phone: 1239-417-55411 Home Address: 13515 Thomasson Dr.1 City: jNaple~ Zip Code: ~ .-- Phone Numbers Fax: 1239-263-79311 Business: 1239-263-83831 e-Mail Address: jbarb~cptcollier.or~ Work Place: !children's Advocacy Center of Collier Countyj How long have you lived in Collier County: ~ Have you ever been convicted of any offense against the law? ffi Are you a registered voter in Collier County? ~ Board / Committee Applied for: lBayshore Dr. beautification boardj Category: !Not indicated! Do you currently hold public offiice? ffi Do you currently or ever served on a Collier County Board or Committee? ffi Please list our communi activities: am on the annual gala committee for the second year at Children's Advocacy Center of Collie o. I am a volunteer with the Conservency ofSWF. I have organized and run a water aerobics o in Pelican Ba . -. Education: IBs Recreation and Youth Leadership from Michigan State University/ 12/28/2006 fitson_s Page 1 of2 Agenda Item 1'110. 98 February 27,2007 Page 11 of 29 Advisory Board Application From: JOSEPPI5@earthlink.net _ Sent: Monday, December 25. 2006 10:26 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/25/2006 10:26:07 AM. Name: ~OSEPH BORGIA 5TH! Home Phone: ~39-775-11321 Home Address: ~723 RIVERVIEW DRIV~ City: /NAPLEs! Zip Code:!Eill Phone Numbers Fax: t239-732-46631 Business: 1239-732-46631 e-Mail Address:~OSEPPI5@earthlink.ne~ Work Place: ISELF- BORGIA'S ULTRA MAODERN HOMES AND ROOFING! - How long have you lived in Collier County: !more than 151 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: trHE BA YSHORE BEAUTIFICA nON MSTU ADVISORY COMMITTE~ Category: /Not indicatedl Do you currently hold public offiice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: / FAX LETfER BUS. OWNER, COUCHED PAL FOOTBALL FOR 11 YEARS, OACHED AT YMCA AND LITTLE LEAGUE BASEBALL. ALSO RAN FOR AST NAPLES FIRE COMMISSONER THIS YEAR, EX DEPUTY SHERIFF RADUA TED LEL Y IllGH, 10 YRS. CONT. EDUCA nON FOR MY STATE LIe. mLDING CONTRA TOR,AND STATE LIC. ROOFING CONTRACTOR. 12/28/2006 ~ -. -4 _ D~c 25 06 lO:31a .. JOE BORGIA 239 -732-4SS3 p.2 Agenda Item No. 98 February 27, 2007 Page 12 of 29 BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE! DEe, 25. 2006 TOO WHOM IT CONCERNS; I JOSEPH BORGIA HAVE LIVED ON 2723 RlVERVIEW DR. OFF BA YSHORE IN THE SAME HOUSE FROM 1977 TO DATE. I HAVE A STATE CERT. BUILDING CONTRA TOR LJC. AND A STATE ROOFING LIC. I HAVE DONE BUILDING ALL MY LIFE, MY F AMlL Y OWNED CONSTUCTION BUS., AND HAS BEEN ACTIVE SINCE 1955. I WOULD BE A GREAT ASSET TO T~ BA YSHORE GA TEW A Y TRIANGLE. DUE TO ALL OF TIiE NEW IMPROVEMENTS THAT ARE IN ACTION NOW. I BY HOMES FIX THEM UP AND SELL THEM. I HAVE PROPERTIES IN NAPLES, LEE AND CHAROL TTE COuNTIES. WHEN I FIRST LIVED ON SA YSHORE IT WAS KELLY ROAD, WHAT THE ADVISORY BOARD HAS DONE, ALONG WI THE COUNTY COMM. IS F ANT ASTIC. I COULD SEE ANY FUTURE PROJECTS AND GIVE THE BA YSHORE COMM. PROFRSSIONAL ADVICE, W/ PRICE A.ND ALSO READ PLAN'S , AND SEEK THE BEST WAY TO IMPROVE WHAT HAS BEEN STARTED TO SAVE THE TAX PAYERS MONEY. I AM ALSO A DEPUTY SHERlFF FROM HURON COUNTY, OillO. MY UNCLE . WAS SHERIFF FOR 6 TERMS Al'.ro MAYOR. I WOULD GO UP IN THE SUMMERS OR WHEN I HAD TIME TO WORK FOR THE HURON COUNTY SHERIFFS' DEPT. LIKE I SAID, I HAVE LIVED OFf BA YSHORE FOR 30 YRS. I ALSO RAN FOR EAST NAPLES FIRE COMM. THIS YEAR I HA VE 5 PATENTS, OWNED A RESTAURANT, AND HAVE BEEN A BUILDER, ROOFER AND DE VLOPER IN EAST NAPLES. ) WOULD BE HONORED TO BE PART OF REDEVLOPING BA YSHORE AREA, BECAUSE YOU.HA VE DO~1E A SUPER JOB TO DA TE. COLLIER COUNTY EAST NAPLES HAS BEEN GREAT FOR ME FINANCIALLY, AND FOR MY F AMIL Y, SO I WOULD LOVE TO GIVE BACK TO MY HOME AND COMMUNITY,ALONG WI MY EXPERIENCE IN THE BUILDING AND REMODELfNG TO COME IN THE FUTRE. Dpc 25 06 10,31a JOE BORGIA 239 -732-4663 ~.3 /\genda Item No. 9B February 27. 2007 Page 13 of 29 . THAKS A LOT' ~.<j. . (' }\~fi";' ;'.",_ __.'~ ,. ',_ -.JeSEPI4'Ji6;mA ;+rr-.- 2723 RIVERVIEW DRIVE NAPLES. FL. 34112 775-1132 I FAX 732-4663 BORGIA'S ULTR MODERN HOMES . . DEC-19-2005 02:36P FRDM:( R GROJP OF NAPLES 239-263-1906 10:774361212 P.l Agenda Item No. 9B February 27,2007 Page 14 of 29 ~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) "....3602 <<~__t~..~ .' ".1Il'\ . . "', '"I. ~ 'z ""/ . -.: t' ..... r .:j' Application for Advisory Committees/Boards ~.me:J)t'\,~; rJ A II eN l..{o r I.1/ANJOod CI',-dt., HOll1e Phone: l19. Z (,1- 58.58 j '(10 1../ d4l..llerv e~rN~pks, W" Buslnels: ~crl RA.I a.-..l Fovd '-" l.,..c. Board or Committee AppliN for. M T"f; v-. - B.. 'f c"-or<. Category (if applicable): "gc...........:n 0.....,..,..../1" Enlnple: Commlal.. Dltf1tet, DeYdopw,IfIYI"",.....lbt, IIY pen.., ere. /" No No / Are you. registered voter In Collier County: Vel Do you curready hold public omee? Vel If HI, whit it Ihlt ornee? ~ Do you no!\' ..."e, or h... you .".r .."~ on I Collier County b.rd or eo....ltt..? v. I( yes. pleHe lilt the committees/bona: No V Please lilt your community 8cdvltle. (civic clubs, neilhborhood 8.soci.doa" eIC. and posldollalleld: 'i?o+-~ Cl... (,. ~-tJ... ~ (".I...t~ ~~ f~.'" . -( r:c ,,-'-J ,1......./ Da'~...4,.$ Education: ~~ f'{ S - ,tA ",,'.,. ,'~J.._..JIW Experience: -4 ",,,.,~ "lId iIIU' tItIiJJ1IfnttII iItf--- JltlfI f-I pmJMftt. TlIIIl/lllllktIJfM ..lII '-fill'WQr>dfnI tfI S R FII_, E.ucll"~ MVlDpr '- Iht BIJIII'IIII eo."" C_"""IHf'f, JJ(JI &III T_I."" TIlIIfI. NqltI, I't HI IZ. t!YOfl wI.."" plHlt.fU YO.' .""..""" ,,, (139) ?'4.].fJl IIr _U '" ll"tnl~""'ikM1I_. _ ",.U /#MIlo, 1101"","""," _III. ciliuM 6/ClIIJittr COWIlly. Advisory Board Application filson_s Page 1 of 1 Agenda Item No. 98 February 27,2007 Page 15 of 29 From: karla-.Qibbs@mac.com _ Sent: Monday, December 18,2006 12:37 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/18/2006 12:37:07 PM. Name: !Karla Gibb~ Home Phone: ~39 297-39611 Home Address: 12670 Storter A venuel City: lNaple~ Zip Code: !Hill Phone Numbers Fax: I Business: I e-Mail Address:~arlagibbs@ftlac.coml Work Place: !collier Enterprise~ __ 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: jsayshore Beautification MSTU Advisory Committee! Category: !Not indicatedj Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list your community activities: I Education: _ jsA Political Science, Minor Latin American Studies, Fluent Spanish, Basic Italian! 12/19/2006 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 341 J2 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 98 February 27,2007 Page 16 of 29 <<~ f1.!\' /~ I"' . . . -:-- - f~ Application for Advisory Committees/Boards Name: David Woodworth Home Pbone: 239-774-5060 Home Address: 2735 Lakeview Drive Zip Code: 34112 Fax No. 775-562-5700 Business Phone: 239-793-8642 e-mail address: dwoodworth@naplessunrealty.com Business: Agent (Sun Realty, LLC) and Business Owner (Voice Box Services, Inc.) Bayshore Beautification MSTU Advisory Committee Board or Committee Applied for: C t ('f l' bI) resident and property owner a egory I app lea e: Example: Commission District, Developer, environmentalist, lay penon, etc. 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 oftiee! Do you now serve, or have you ever served, on a Collier County board or eommittee! Ya Ifya, please list the rommittecslboards: No X Please list your community activities (civk clubs, neighborhood associations, de. and positions held: Education: Bachelor of Forestry (Stephen F. Austin University, 1977), Master of Education (University of Miami, 1979) Experience: classroom teacher, Collier County Public Schools (1979-1993) Everglades City School, Naples High School. and Shadowlawn Elementary School. Business Owner (1993-present) Voice Box Services. Real Estate Sales (1994-present) Blue Bill Prooerties (four vears) now with Sun Realty. LLC for over two years. p/etlse IlItadt tufY i1dditiotuIl infomtlllimlJ'flflfeel ~ Thb IIppiktItIimf IJu.Jd I1effll'tlltll'd<<llo &Ie FIbott, Exa::utive MfI1UI6t!I' 10 1M BotIrdDfColUrty ~ 3301 EIISt TtIIfUmi T1viJ, NapIG, FL 34112. lfJ'flfl "'It,pk<<seffIXJ'fIfl'l,ppIiaItiOlf UJ (239)774-36020' e-IfrIIi/ UJ su..fil~OIr:a('ollierI!Ol' nf?l TltIlllkJ'flflftJl' voburteeri"ll UJ serve 1M cJJJu1t6 DfOJlller 0lruI(y. 12!29/20J~ 17.02 FA~ Con-ad Willkom~_PA ~ 002/002 Agenda Item No, 98 February 27,2007 Page 17 of 29 Soard of County Commissioners 3301 Enl Tllmillmi Trait Nllples., FL 34112 (239) 774-BU" Far: (239) 774-360Z i(.~~t~T\\,J .' ,"\ '. '.,/ " , ~ ( ..... ~ \ . '.J , . -f .t.. ,. Application for Advisory Committees/Boards ,. Name: CON~A-o W\LL\4art""\~ ___ Home Plume: d3~... .3 'lce- aa5~ Home Addr"I:~1 c::fi? C - ~oY ~&.JUI; _---.Zip Code: 3l.\~J~ Pall NO~~lIl1i"ns PhoDe:~-5"'a.3 f:-mdl .dclress:C~~ ~~'t~\"Q.~';P-,~ - <:on- BlUineSlJ....Au.J aFF1.<.~ oF- Co.-J RM W\u..KCI"'I"'\~ ~ p. A , Bo.... ~mm~pplied lor:JiB'4~ ~ ~.-B~~ 'KS\U J),o"\~'1 - - CC:+Ho\ ,~ Catt:ory (if applicable); t.........: c-..II.... DUlrlcc. Dc...luper, eaylror.lllUIIIII.1, I.y p.mla, otto ./ No A.-e you. rectltered \loter in CoWer County: Yes Do yo'll curn:utly hold public oroce7 Y,S It so, ",bat ill that umttT f'o ./ Do )'Oil now II:rn, or have JOIl ,vcr ,,"ed. 1111 II Collier COllnty beard or CIIlmlllittn1 YII 11 )'01, P"" lilt tile .."ulllltl:811bo.rd.: No / Pie... IUt your community actl"itiel (civic clubs, ne' hborhood assoclaUonl, etc. Iud PQsiUons heJel: e; WI.; - \ \ Edllcation:N~LE~ \+\"'" ~~LI !.IN'~~ ~ oP- ~\QP. UN\"~n"'i CJ~ HI~' ..,Gl-+oc:s.. oP Lc..W · ~. rIIJ,"," /In.!' IIddirit>".II"I_.,iM ,,,,,.Jal IN"'''''.' Tld..,u.:8IMM ,Jo,_ItI".. p,rncrtWf ,,, SIIII fo";k"ff. ~"'iw MUlI/IIf" .. IIwIlN>'d ./c."".? C."~l:'J/. '~J Evl T_'-'I r,tUJ, !.;~ I'L U r J1. If]ll>II ...u/J. ~c f..: J'OI" "fIfJIIt:..... ", (7ft) 174 -JHJ ", _1IiI ~ .1WIi1_,rfi..a>JJim1J1'....d Tluuri )I0Il1'" ""burtft,;rq:,o .,1:,"", 1Ifl: elllufl$ "C~, C~, Al Hubbard 3051 Sandpiper Bay Circle Suite 1-106 Naples~ Florida 34112 239-213-9438 Fax 239-213-0737 bin1oickUilaol.com AI Hubbard(/i)m~n.com Agenda Item No. 98 February 27,2007 Page 18 of 29 ,......--- RECEIVED U ',; :1(., ---, ...~ ,'.\: ~ U ~_,/.,~~:.) I Soard cf County Gommissioners Delivered via e-mail to Ms. Lisa Resnick December 29~ 2006 Mrs. Sue Filson, Executive Director The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Ms. Filson: Thank you for your consideration of my background data for openings to the Collier C01U1ty Advisory Committee/Commission openings. My in-depth review of the requirements and proximity of my residence to the various requests provide me with one of two considerations: * H Creek Maintenance Dred' Advisory Committee * Bayshore Beautification MSTU Advisory Co ee Since there are budgetary issues involved in each, I have chosen and would appreciate consideration for the Bayshore Beautification MSTU Advisory Committee. The primary over-riding factor for me is the excitement involved in the GatewaylBayshore Triangle project~ in its entirety. Recognizing that there is only one vacancy available, compared to five in the Haldeman Creek project, I would still appreciate consideration for this opening. As you may see from my background, I do have experience in similar projects, although outside the U.S., and budgeting experiences that could be beneficial for either of these Committees. I believe you have in your possession the remainder of the experience, background, and education documents sent earlier in the week. Thank you for your consideration. Sincerely, AI Hubbard Mr. AI Hubbard Agenda Item No. 98 February 27, 2007 Paae 19 of 29 ; -. 3301 East Tamiami Trail Naples, FL 34112 Tel. (239) 774-8097 Fax (239) 774-3602 To: Mr, ~~~~ J~ ~a- oL.rc- ~l '-- C-uy' ~ Cl j'::'- .e.. t'V\.~ . f.k vJ; {l e-t-tOO s---<- ......J.. Jl$~ +- ~ 'f- b GJ-C_}c...' . Lisa Resnick, Administrative Aide Fax Fax: 239-213-0737 Phone: 239-213-9438 Date: 12/29/2006 Re: Advisory Board Application cc: o Urgent o For Review 0 Please Comment 0 Please Reply 0 Please Recycle . Comments: I am contacting you on behalf of Sue Filson, Executive Manager to the Board of County Commissioners. Ms. Filson received your Advisory Board application form, however it is incomplete. You must apply for a specific Advisory Board or Committee. Please choose an Advisory Board or Committee from the openings described below. Please contact me with questions at 239-774-8097 or by email atlisaresnick@collierQov.net. Thank you. < > Agenda Item No. 98 February 27,2007 Page 20 of 29 A.I Hubbard ~ Sudpfpel- &.y arde Saltc 1-106 N8pIer., Florida J.cll1 119-213-9008 Fat 139-Z13-n131 W-"'lbIo\li!__ AI RullMnlIilm_ RECEI\lE:D DFe 2820GB l30lJrct of C otJnly Commie- . ~1I/0lJel"3 Ddhwed via Fa to: 239.714.Jti02 Ms. Sue Filso~ Executive Director The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, F10ridn 34112 Dear Ms. Filson: Upon pc:rusa1 of the article in Monday, Deoom.bet 2S, Nqples DatI)! News, I determined it was time for me to become more active in the community in which I am home. I have lived in Naples for nine-yeats, full.ti.mc; and part-time prior. The publici7.ed open Ad\'isoty CommissionlCommitt.ee pos:i1ions are quite divergent and I am not certain in Ie'Vicwing them. what precise qualifications are required, or for which I may he qualified. in certain instances. At any rare, I offer whatever seniccs you and your associates, upon review of my aedentials enclOllCd with this Fax, may deJ:ennioe for which I would be best considered. if any. If my profile( II) do not particularly fit those being sought at this time, perhaps )'OU would Jc.eep the profile(s) in mind for future openings. What is not included in the pnfiles are the cities in which I have lived and a few of \"IY'hicb I participated in civic activities...(Marion. IN; N8JX2ViUe, IT..; Peoria, IL; Looisville, KY; Winne~ IL; Nonhbroot. IL; Lincolnshiret IL; Dallas. TX; Frisco, TX; Scottsdale, AZ.}. I recogni2e fully that the enclosed. documentation may well be quite an overload of information. but you might as well ~ the complete story. . .,' lH I t8 3:>\;l'd 31~I~JSS~ a~~gnH I~ LEL0E lZGC:1: 19:Ll 900~/10/€0 r. .0 Agenda Item l\Jo. 9B February 27, 2007 Page 21 of 29 Page 1 of3 Advisory Board Application eFonn Advisory Board Application . City Required . Postal Required . Email Required Please fiU out the following form to apply for a Collier County Board / Committee. Once you have filled out all the necessary fields, click the button below. Name: IAlan Eugene Hubbard Please type your name as it appears on your voters registration Home Address 13051 Sa~'piper B8Y CirCle, Suit81-106 City I Naples 134112 Zip Code Home Phone Fax: f239.21~9438 123~213-9450 Ex. 239-555-5555 Ex. 239-555-5555 Business Phone 1239-213-0737 Ex:. 239-555-5555 Important: E-mail address is required to receive a copy of your application. Email Address: lbigalnick@aol.com Place of E~loyment: fA! Hubbard Associates. Inc. How long have you lived in Collier County 1s-10 ..:1 Have you been convicted of any offense against the l.A"~,.t) '0.'0 vI Jc1 w: ., ..:.J http://gis.colliergov .netlwebsitelvision/bcc/advisorv RoaJ'd A nnlp.fn'l'm /n~f".lIlt ,,1:1....... ~ .... "'.. ,.... ^^, (l!/Z13 39t1d 3J.l;II8OSStl .a~anH l\;l L8L0E1ZE;EZ: ;:::S;:L t '380ZIHl/8i3 ~ " Agenda Item No. 98 February 27,2007 Page 22 of 29 Page 2 of3 Advisory Board Application eForm . Are you a registered voter in Collier County? I Yet ..:J Board or Committee Applied for~ ICheck Qu"lIfications Category: ( if Applicable) (Not indicated i.e., Commission District, Developer Environmentalist, Citizen At-Large, etc. Do you currently hold public office? fN03 Do you now serve, or have you ever served 00 a Collier County board or committee? . INO ~ Please list your community activities and positions held: .' ~~:~. Example: Civic clubs, neighborhood associations, etc. Education: as, MS ~'" Experience / Background hUp://gis.coIHergov.netlwebsitefvisionlbcc/advlMl'VRMM A ,,1\J...fl'\nntn..f'.... '" .._ . .. _.. __ 4. ~ IH/EB :m~d 31.11!2lOSS'Q' O::lii'SanH li;l L8L13Et~6e:~ -- 2:9:L t 90l3Z/te/813 ~ . Advisory Board ApplicatiOll eForm See Attached :!).... Einail Sue FilsOn J Reset I Any information provided to the Board of County Commissioners Office in connection with the Collier COtmty website shall become a public record and available to the public in accordance with Chapter 119. Florida Statlltes. The Board of County Commissioners Office shall be free to use such information on an unrestricted basis. Sue Filson, Executive Manager to the Board of County Commissoners 3301 East Tamiami Trail Naples. FL 34112 You may also fax your application to (239) 774-3602. http://gis..coIliergov_netlwebsitelvisionlbccladviMrv&lITdAnftI,..F^",,,m..f'.,.I. .....-. lilt 11>0 39'i1d 31VI~OSS\;;l GC:M3SnH 111 LEL0E tG6EG AC]enda Item No. 98 -February 27,2007 Page 23 of 29 Page 3 of3 GS:L t 9EH3&/10iE;~t.. 03/01/2086 17:52 23'32130737 AL HUBBARD ASSOCIATE AgendEi'Atmn 1961 Dm February 27, 2007 Page 24 of 29 "SUIJ(d ~nq J1Y~ JO[m.I ~~:)!:IP ~ SU8(d ~:{.-w pUE ~snq ~p:lW ~ 01 SOJfU8dwoo ~n:) ~ ~rnsuo~ SS'J.}:)OS peAoftr.' s;q pmqqt\H sam~~~~ . ~~~M~X3 · saopsuodroo ~\JApd.!OJ UO~ ~ OApdeo~"'"BO . ~~~ 'T-fd pue ~l.{S QOUB[9Q · ~3 jUl~OS'PlO · UOJJ!S~.lOJPU8 ~pMp ~JOJ ~OS~:J · 8aJllJOJdPW~JWV ~~Wk{ ~g · =QI8 P"'P!^0Jd ~;)J^IiiIS aql8uowy 'gwoorn, puB ~ ~snq 8t.qAnJdUl! ~~ pm3 ~~JO~ 8u?q~.r=.J8:) ~ ~~ ~~, put 'uo9v.m~ jUJPlI.lUW~ QUodmo VUO SMtUp pmqqnH ~PI~ ~ ~ ~A>>S uoptQ!~ ~ ptm 8ur-J{8RIOO s;JpJ^0ld .~ '~OOSSV pmQq{\H IV 'IYo.Id IAlIf1n& ~A JoI01IS BOHIV6tZ tIIK.PJ.IeU~ .~ Mr.i......"S 60r ~ -lU~fVIUf'l (s..o 6.UKtZi'la ~tMt ltltf~ 'IItdwN Olil" ~.'POS....."'" US ~III 'RJ8pOWV p.nrqqDB IV J......... ~aHIV . ~ .. ,. I Agenda Item No. 9B February 27,2007 Page 25 of 29 AI Hubbard .ck2rollDd * AI Hubbard holds Badldonof ScleDce ill AtcoDllbDgIMlU"ketingIRetailing; ....Dd... Muten of Sdeace III CoJ1M)l'at'e FiDance * AI Hub_rd fttired from Sean, Roebuck and Co. in Chleaao, JL as a FiuDcia.I 0f:6daI rouclud.inc a 3O-year sueeessfol fiDaIlciaJ careert iDdudiD& GeoenI Manager of 5-Operations Centers employIne alp to 450 etIlp16yeea, cited &II suausfu.1 contributor fol' UIltItaDdiag coatriboCioD to corporate pro&.. Hubbard enjoyed a saior marketin& posi1iou where tile eompany eatnasted m. IIJ'OUp with an S85 mIllioD b_ctget to aequfre new eustoDlen Dd improve wes and profits, the 110- of 'Whidl were exeeeded.. HlIbbard'. Qreer included Govel'lUDent Main OfIIeer for SeA,. FiII.aeial Semca OI'Z'*4tiOIl, iDdadiD& a Washillgfon, DC 10bbyiDg positi.OD for tIte corporate acquildioa of ",0 baDIdng ~n~ and AaJulIIdoD of Den-Wittert Reynolds Co., ud Coldwell Banker Real Estate c:oDlpallie&. * AI Hubbard and his fa:miIy in the 1970's to 1990'11 acquired five BaskbI-Robbiru la Cre8Dl stores in tlae Cldcago. Iliaois market, tur'IlJDc eaell from laekhuter pt:rlonaaaee to ontlbDdiag faeilitia, in ~es, margies, aad desip. Tltese smres uea acquired showed S3OO,ooo in grou reftD1IeS. At the time of their sale, the 1l'OIII aales esmeded 53,_,000. * AI Hubbard odIor AI Hubbanl..Alloda~ lDc.1w npneenttd several com,.ues 10 0ff- shore InsDI"UlCe fadBdel to _....p Variable Annuity Plans structured te sue the COlllp'nlc:s mllllou of dollan ill .........nee pnmita... outlays. · AI Hubbard was suttasful Presideat of two precious metaIa mining c:orpontiou. before eeasiJIg opentioDs .. precioRs metals aaiDiItt became ..pnt1tab1e. 1t AI Habbanl aadlor AI Hubbard Associates, lac. bas repra.ted . nomber ofvendM"S of various scrvica and produds to . variety of OOIBpu1c8 s~Urinl: III ftDaadaIaen1ces. · AI H..hhard.. ESealdft Diredoraf. FiDaDeial Sentiees T...d~ Corpobtioll (SOl(c).l}. converted. from rSOl(c)6) status, consiRia& ill esct'.8S .f 150 senior finucial esecutives. Hnbbard bas bad e.xperieDce with this organizatiou for some 3O-yean, servbIg on tbe Board 01 Directon and in every omcer posidob, includiBC President. · AI Hubbard is m\'olved in repJ'l.SelldDg ownl'l'l of lIigni1iaant land boldinp to dfJVeJopers aad CODStnldion eompaaies for the ecmstruetlotl 01 resorts in Me:&:ko. * AI Hubbard and/or .AI Hubbard AISociates.Int. are meorporated in the U.s.. Mexioo, and Gnnd Caymu. 1. AI Hubbard Associates, IDC. (A Tuas "C" Corporadoa) 2. Se~ del Oero., MX 3. Omega Investmeof Corporation, L TO ,. At &bbmU. ud parIIlers e.ttabl~hed a MlmaaI FIIIICl &:ompaay, ~mpJcte with Iep. representatioo, regulatory authority "DctIo., admiDiltndOD, aDd mU'keted to "rue toJ'l!ign investment limu.. Bt!9121 3!:)l;jd 31~IOOSS~ a~8nH 11;;1 LUl2lE:ll6E:C: lS:Ll 90121C:/l@!El2l 83/01/2006 17:52 2392136737 AL HUBBARD ASSOCIATE Agen~ JnY.:fIB February 27, 2007 Page 26 of 29 NDIIf.I ~...Gd.I.~ ~pP~ '~"K · "3S1I · N.OUV.:luwr ~l OJ fI'86l'l.~ ~pIIO;)...UftJ.as ~..O.:) . ~I OJ /.861 'Jot prapnpaO;)..........1IRS JaJtdP8J't . Dd.cI.....A\ .(.rpnJHII" 'luflu--o ..........l . JDJf1t..~ Jla;Jonl)"'UllHIIdInrlsw "'8;) QPlU::> . ~Jcud ...-o.....OUS ~A . sappa a.nQA.!I"'~ pLlKI . ~. "'1Q8it.(...~ . l:a(apn ...oaamH"'pll~ J!PU;) . ~ snon..U1\r"P).JOA\ 18!<J....1.!I . 9NDlV3dS QN:V SNOUV.:Jnfllld (66J .......Q '-1.....8 8S6l ~AJ1IJl~8 8pl.lOU w,.t8N: RAJ. ......~.N 1ND.1 'IIIp(l IJOIIIIU ~lp.loN: . oJatq:J AI~""4Y.)JO ....lNI....-:> . ~~~ IIQPSI........ ~ . ~O:)~~ aGtJUa~J ~....8N . Ipa1IO::> ~ ...:J..-t.r..'.....d~.. .~~~ . ~ JRd"....GPUJCJ. "~:t ?tIJ 1PDO::> ~ ....,.. JIPU::> . ~.t 1IMp1l~......::>.......0;) . .IJl'IID Iqq.IWW........:l ."P'-'l "~.aIO;) ~...~..... 0MIf AgopllpClllV ~ pIIO!J""-'1IJ · SNOlLVl"RUV IRIOpJlOd: .-+.pIl3UJ: PPl!I po eauod.lo;) --N Q~u~::> ~ CWJ.-~ruRa9 8a~~pp1l1RlJ.(~~ ~-ndUlO:) A..IoJ8fII1q~as ~.aocI.Io;:) U!8IJV ~"d paw JWm:1U~A09 ~ ~......ocI.ro;) dDO.l~~V RId~S-p.llO~ .Iaowo ~ ~~ J8Pwh'~ .....~.uod.Io::> 8S61'fi6l "0;:) PU8 'l:tllq~ ~ . 9OOt1illl61 A".lJAolilS 1IOJPIMIPU4 pa 'QJNano,:} . <IN.O.OllmDVU: Ull'C "I'#IOU ~JdDN 9(J/-/ ,.~ Mil ~ [StlC <8861 pupaI).r~.nra.(~ f'Cf.lu..!JI saws . ~~ ~~ IWJ...RIJ.f · 88611*P!Jq.I~""cl Juppm.o;> · .LNV~rmswro SDIAlI':IS 'lVDNVNLf 1IJ-a I'J1IOInd pI'I1qfrIH IY ;:0 ... Agenda Item No. 98 February 27,2007 Page 27 of 29 B""~ AI......... PNdpII Al Hnbbard ~l Servita Group .,.. Shd,8Da6, Sle.3!D ZIt/J1JoHSt fax 2>>121U731 ~r' ...'" CGlft Profile AL HUBBARD ASSOCIATES. INe. RODeu ~ aDd FiDodal Resource Senicet A. Locate FiDaDdal Resource for compania leekfDg growth or merger/HqDisttioD. B. lDtroduetioo to FUaaDdal Reaoun:e.. C. Preparatioa ofPnuDtadon to FiDaDcial Raoufte. D. P'reparatioD ofDoc:lUDeDbI for Flnandal M~I AU(uisitionlSale 1. BtlsiDal Plan 2. Pro-Forma 3. Use ofProeeeds -t. StateIaeDt of Rationale E. Co..~Cive Scnrica IDitial Publk otferia2 Serriees (Jp()) A. Lofate m~tR-ke..fDr "Bridp Fiunm.g" U. lM:ak hoper B~rlui Maker for Pablie Offering C. Loeate Proper Attorney ncl CPA D. PreparadoD ofBaaillea Plan for Attorney aDd erA E. Interlace wida AttOl'1ley F. Prepualioa of Scripts for "Road Show" G. Review P....pedus with Attorney 8Ild CPA ~-shore CaPital AeoulsltloD A. Locate Appropriate Caplbd Retource B. Preparation ofDoeumeata for Illveatmea.t Firm coDSkleratioD 1. !klti...... Plan 2. Pro-FOI'IIIa 3. Use ofl'roceeds 4. StatelDat of Rationale C. Locate Proper Off.....ore Attol1ley IDSW'BIlce .... Truitt A. OfC-sbon BlDiIlcss lDsurmaee Produds 1. Locate, IDteniew .It _iIt ia seIedioIl of IuUl'Dee Man8aen IJId UndenYriters Z. Privately Held Compaaies lIloM rewarded 3. Use oflllSURDfe PremiumI for IDvestmeDt. Best use of Premium Expense 4. I.vestDaent (Swap) at RoJl..Oven. Stoc!k Accumllladob, PmIicm Buy._ etc.. S. Locate Retlt-ll-c.pttve, a:adIor OwD-a.capdve 11IIUl'Utee CtlIDpPy IH,/ 89 39'\1d 31~I806S~ a~~gnH l~ L~L0nC:;bSC; C:;9:L1 9BG~i1e/~B 03/61/2066 17:52 AgencfMJ:l!m Mf.39E February 27, 2007 Page 28 of 29 239213El737 AL HUBBARD ASSOCIATE J1IlM8&Q.1dlU} 0I0J uoplll0D8 ~nI"'.S '.A.PB ~.pru;) 'ApaJs "r aOJIIIW .IoJ .........W .IOfUS 'P!M. ,-In::> Ot iJ~.IO!Id I'D JIA.Lm:)JO ~ oJ , ..og~ ~S .I0J 1.IMD3ft1D 183p;).~ po 1afIaJ~ U1Jfd ..... .10, ~ a-*qtaAI"o:) '11 ~ .uUO>>H bJcIn.orna 0' ba.JyUOfPiIIlO:) "5 ~mo.:> ptJlI"lf 'I!'l -p doquaPl P'" J1q:JapJ ~ UJ1I8dUlO':> ~mp~ "q ~.lapp.lMpv .. ~~"t 3wp.na0lJ1I() A20totnpt~ .........0.... T -.p.rns PUUOI.Iad Ot JuaidopMIQ nw: IIlHIf1ID8 "I :.rOJ N~...dlH .1OJNDA pn Dop~.1 "V "* '11080') '.w.dlllo~ 3O>UlnlM 'p.n:.> 'IDfJ 11.0 AgOJ lIa~....ckI ~QOS au ~~"'CIIO;) ~ .."Uf4 ~.qpt:)Olq ~qaqy.mtD.18 ~~l\lIJ "€ Ia~q ~ JIIIP'IBW "t $aApll~q .IOfllas Iupfng oJ If3-1Ci11S ~"P~q "r;mbpnou" "V J-~~~r.i (~~ .IOfPU8 'lDu1"'U 'p......d)~AIlJ ~ 'S . IJIlHQAAIIJ ~ OJ' (~ .....A()1l0lj oopGad 'uaAQ1lOlf ~S) ......... 1fS'Q .t; sa::JU~nm:up J81I.P!AI.PIl! "OJ .Aa1UO#V.u.PlI "t. S33~1~ ~PIll.lOJ DflJ1ld1llO:) Jnu~ IJIC3O"J oJ SJP!IOd aJrI p. .,...UV 3.I.oqt-JK) 11 ~1ll ~ paqqllJllV t*d . " 03/01/2086 17:52 2392130737 AL HUBBARD ASSOCIATE Agendll'AtlE!n Ml0/lJIll February 27,2007 Page 29 of 29 OJ.OOl'.laJ,Rllb M1P.l0J ~ !pAl ~JO lpUIIlI'J 'fI 'SllOlJ"'"'Vpe,d IIlp.A- pa ....aml1l03 .IoJ IaJndm03 ~s oJ I(lloIDPJ paw 'WI" 'tupq.Rw allp .IoJ IIOPftJllJlI "'lUaJUJ 110 ~... WlI "3111_~ pull p.I8QquH IV SPUllo.dltmt >>JlIi03 JYCUcl ptnr ~ ',paqqllH llJlM, SJWlIIUIOAll! ~UJ paw AJlS <<PM, .~ WpIponv p.rwqqon IV fijllid , ~, Agenda Item No. 9C February 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY REQUEST BOARD TO SET THE PLACE AND TIME FOR THE CLERK, WITH THE ASSISTANCE OF THE COUNTY ATTORNEY'S OFFICE, TO OPEN AND COUNT THE MAIL BALLOTS OF THE NOMINEES TO FILL THE V ACANCIES ON THE PELICAN BAY SERVICES DIVISION BOARD OBJECTIVE: To set the place and time to count the mail ballots for applicants seeking membership on the Pelican Bay Services Division Board. CONSIDERATIONS: This 11 member Board was established by Ordinance 2002-27 as amended. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of long-term community planning so that residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well being of the Pelican Bay Community. A list of the current membership is included in the backup. - The terms for David C. Nordhoff (resident), Donald Spanier (resident), and John Iaizzo (resident), will expire on March 31, 2007. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DISTRICT ELECTOR Martin S. F eins Resident 2 Yes George R. Metcalf, III - withdrew 1-25-07 Resident 2 Yes Robert A. Pendergrass Resident 2 Yes John Iaizzo Resident 2 Yes Anna M. Halikas Resident 2 Yes Theodore J. Raia Resident 2 Yes Donald Spanier Resident 2 Yes Michael Levy Resident 2 Yes Ordinance 2002-27, Section Eight, subsec. iii, states, "The mail ballots shall be cast directly with the Clerk. At the place and time stated in the notice of the balloting published by the Board of County Commissioners, the Clerk, with the assistance of the County Attorney's Office, shall open and count the ballots, which have been returned to the Clerk as of the date and time stated in such notice of balloting, in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any member of the public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. - THE PLACE AND TIME FOR COUNTING THE BALLOTS RECOMMENDED BY THE CLERK IS: The Clerk's Conference Room on the 5th floor in the Courthouse on Tuesday, March 6, 2007 at 2:00 p.m. Agenda Item No. 9C February 27,2007 Page 2 of 3 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners set the place and time to count the ballots as: The Clerk's Conference Room on the 5th floor in the Courthouse on Tuesday, March 6, 2007 at 2:00 p.m., and direct the County Attorney to prepare a resolution confirming the place and time. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 27, 2007 Item Number: Item Summary: Meeting Dale: Agenda Item No. 9C February 27, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9C Request Board to set the place and time for the Clerk with the assistance ot the County /-I.ttomeys Office to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay Services DivIsion Board 2/2712007900.00 ;,M Date Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCe Bee Office 216/20076:45:13 PM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 2115/200712:25 PM Agenda Item No. 90 February 27,2007 Page 1 of 3 From: muddj Sent: Friday, February 16,20079:21 AM To: ochs_l; bodinejudi; brock_m Subject: FW: Speed Zones FYI. Mary-Jo add an item to para 9 - Discussion of proper actions under Public Comment or Commissioner's comments at future Commissioner meetings. From: ColettaJim Sent: Friday, February 16/ 2007 7:55 AM To: DLCOMM Cc: mudd.J; weigeLd; 'Mayornaples@aol.com' Subject: FW: Speed Zones Fellow Commissioners: _. While I am not a supporter of Naples City Council reducing the Naples Bay boat speed limits, I must admit that in retrospect I have to agree with Mayor Barnett regarding issues of community concern being decided at the end of the BCC meeting under Commissioner's Comments. While we may well be within our legal rights to conduct the people's business without due notice, it doesn't serve our citizens well when decisions are made on the fly without due notice. I am requesting that a item be added to our February 27th BCC agenda under #9, Board of County Commissioners, for discussion and hopefully to give us direction for proper actions under Commissioner's comments at future Commissioner meetings. In order to stay within the Sunshine Laws this communique is intended to be a one way communication and no reply is warranted. Jim Coletta, Chairman Commissioner, District 5 ~ From: Mayorna ples@aol.com [ma ilto: Mayornaples@aol.com] Sent: Thursday, February 15/ 2007 3: 12 PM To: ColettaJim Cc: manager@naplesgov.com; council@naplesgov.com Subject: Speed Zones Dear Jim, Agenda Item No. 9D February 27,2007 Page 2 of 3 Thanks for the conversation we shared yesterday afternoon regarding the County's decision to draft a permit application to Florida Fish and Wildlife mimicking the City's current speed zones in Naples Bay that are already in place here. As we discussed this seemed to be a last minute item, never advertised, and no prior public knowledge that this was going to be an agenda item. I think we both agreed that this type of action taken, whether by the County or the City, doesn't do much for our respective leaders trying to work together, no matter what side of the issue one is on. We were both right that there would be negative feedback because of the way it was done, and I am hoping that there might be a way that you could get this reconsidered, at least to let us have some input. I think it would be beneficial for all concerned. I greatly appreciate your help, and regardless of the outcome I feel comfortable that you and I will continue our friendship and ability to continue to openly discuss issues, whether we agree on them or not. Sincerely, Bill Agenda Item No. 9E February 27,2007 Page 1 of 4 ."'~-,. EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER ADOPTING A RESOLUTION PERTAINING TO THE CITIZENS OF COLLIER COUNTY AND THEIR RIGHT TO THE USE OF ANY AND ALL COLLIER COUNTY FACILITIES (COMMISSIONER HENNING). OBJECTIVE: For the Board of County Commissioners to consider adopting a resolution pertaining to the citizens of Collier County and their right to the use of any and all Collier County Facilities. CONSIDERA TIONS: Through impact fees and property taxes, the citizens of Collier County essentially pay for the construction and maintenance of Collier County Parks and Recreation Facilities; therefore, the citizens should have, with due notice, the first right to use said County facilities. FISCAL IMPACT: There is no fiscal impact associated with this proposed resolution. .-. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this resolution. LEGAL CONSIDERATIONS: Legal considerations to be forthcoming from the County Attorney's office. RECOMMENDATION: That the Board of County Commissioners adopt the proposed resolution to ensure the citizens of Collier County are afforded the opportunities provided to them, through their own funding, as residents of Collier County. Prepared by: Commissioner Tom Henning February 21,2007 -- Item Number: Item Summary: Meeting Date: Agenda Item No. 9E February 27, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9E That tl1e Board of County Commissioners conSider adopting a reSolution pertaining to the citizens of Collier County and theIr right to the Lise of any and al! Collier County Facilities. 2/27120079:0000.!lM Date Prepa red By Sam Tucker Board of County Commissioners Executive Aide to the Bee Bce OffIce 2121120071:23:55 PM Sue Filson Date Approved By Board of County Commissioners Executive Manager to the BCe Bce OffIce 2/21/20072:08 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/21120074:17 PM Agenda Item No. 9E February 27,2007 Page 3 of 4 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO DETERMINE THAT THE CITIZENS OF COLLIER COUNTY DESERVE PRIORITY USE OF COLLIER COUNTY PARKS AND RECREATION FACILITIES. WHEREAS, the citizens of Collier County, whom, through impact fees, essentially paid for the construction of the North Collier Regional Park and all other County park facilities; and WHEREAS, the citizens of Collier County, whom, through property taxes and other miscellaneous fees essentially pay for the maintenance of all County-owned and operated parks and facilities, including the North Collier Regional Park; and WHEREAS, it has been determined that the citizens of Collier County are forced to take a back seat to soccer and softball tournaments and the use of these facilities at the North Collier Regional Park; and WHEREAS, the citizens of Collier County should be considered the priority user at the County facilities; and WHEREAS, with due notice, the citizens of Collier County should have first consideration of the use of Collier County facilities. NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The citizens of Collier County. whom funded the construction and continue to fund the maintenance of Collier Countv Parks and Recreational facilities should be 2iven first consideration. over non-residents. of usa2e of Collier County facilities. This Resolution adopted this motion, second and majority vote. day of , 2007, after ATTEST: DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: Assistant County Attorney Agenda Item No. 9E February 27,2007 Page 4 of 4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN 2 Agenda Item No. 10A February 27, 2007 Page 1 of 8 .- EXECUTIVE SUMMARY Report to the Board of County Commissioners on the blasting activities at the Jones Mine Commercial Excavation Site OBJECTIVE: To provide a report to the Board of County Commissioners (Board) on the blasting issues and complaints associated with Jones Commercial Mining Operation. CONSIDERATIONS: At the November 28, 2006 Board meeting, Mr. Joseph DiMurro, a neighbor to Jones Mine, under Public Petition 6A., voiced his concern with blasting at Jones Mine and the alleged damage to his residence. The Board requested the Engineering Services Department to provide a report to the Board at the second meeting in January. Mr. DiMurro requested that the report be presented at the February 27,2007 meeting. . 1. The Board approved Resolution 99-420 in November, 1999 and in doing so approved a Conditional Use (CU) approval for earth mining on the site referred to as the Jones Mine Site. A condition on the approval of the CU was "no blasting" will be permitted. - 2. On June 20, 2006 the Board approved excavating up to a depth of 60 feet or to the confining soil layer and to allow blasting of materials in an Agriculture (A) Zoning District. The hours of blasting were limited to 9:00 A.M. to 4:00 P.M. with a stipulation that blasting activities shall not exceed eight (8) times a month with a three (3) second maximum duration with a low volume and close blasting pattern to minimize noise and vibration. The County agreed to have one County Engineering Inspector on site at each blast occurrence to monitor the noise and the vibration level read by the seismograph. 3. The County does not issue Blasting Permits for commercial mines. Florida State Statute 552.03 stipulates that the State Fire Marshal shall have the sole and exclusive authority to promulgate standards, limits, and regulations regarding the use of explosives in conjunction with commercial mining activities. See attached letter. 4. After the Public Petition, the blasting contractor volunteered to reduce the amount of explosives per blast by 20-25%. Attached is a chart that identifies all the complaints the Engineering Services Department has received on blasting including the date, person registering the complaint, address, nature of complaint and action taken. Also attached is a Blasting Log that provides the date of blasting, the inspector on site providing the monitoring, the number of holes, charge per - hole, and the seismograph readings (vibration and air blast noise). All blasting activities to date Agenda Item NO.1 OA February 27,2007 Page 2 of 8 have been below the levels contained in the Code of Laws and Ordinances of Collier County Blasting Limitations. It is staff policy to investigate all blasting complaints and to instruct the blasting contractor to contact the complainant and conduct an investigation as well. In addition, staff advises the complainant to contact the State Fire Marshal, the agent regulating and controlling blasting operations for commercial blasting operations throughout the State. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: The Board of County Commissioners accept this Report and provide guidance to the County Manager, or his designee. Prepared by: Thomas E. Kuck, P.E., Engineering Director/County Engineer Item Number: Item Summary: Meeting Date; Agenda lIem No 10A Februarv 27.2007 Page3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOA Report to the Board of County Commissioners an the blasting actiVities at the Jones Mme Commerclai ExcavatIon site (Joseph K Scnrnltl, Administrator Community Development and Environmental Services) 2127/:00790000 AM Date Approved By Thomas E. Kuck. P.E. Community Development & Environmental Services COES Engineenng Setlfices Director COES Engineering ServIces 2/112007 1 :08 PM Date Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2113/20078:35 AM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 21131200710:54 AM Approved By Joseph K. 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CO 0) 0 ..- N M V It) ..- ~ ..- oc- ..- ..- ~ ..- ..- ..- N N N N N N Agenda Item NO.1 OA February 27, 2007 Page 6 of 8 TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE FIRE MARSHAL STATE OF FLORIDA December 27, 2006 Mr. Thomas E. Kuck, PE Engineering Services Director/County Engineer Collier County Government Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Kook: Thank you for your inquiry concerning the monitoring of blasting activities at commercial mines. Section 552.30(1), Florida Statutes, provides that the State Fire Marshal shall have the sole and exclusive authority to promulgate standards, limits, and regulations regarding the use of explosives in conjunction with construction materials mining activities. Such authority to regulate use shall include, directly or indirectly, the operation, handling, licensure, or permitting of explosives and setting standards or limits, including, but Dot limited to, ground vibration, frequency, intensity, blast pattern, air blast and time, date, occurrence, and notice restrictions. Section 552.30(2), Florida Statutes, states that the State Fire Marshal may by rule or formal agreement delegate to a county or municipality the monitoring and enforcement components of regulations governing the use of explosives by construction materials mining activities. A county can charge a fee pursuant to Section 522.30, Florida Statutes, only if a county has been delegated enforcement authority by written agreement with the Department. A review of the records in the Division reflect that no written agreement has been established between the State Fire Marshal and Collier County, therefore no delegation has been made to allow Collier County to engage in the monitoring and enforcement components of the regulation of the use of explosives by construction mining activities. Therefore, it would appear that Collier County may not engage in the regulation of any of the activities covered under Section 552.30, Florida Statutes. Any explosive use occurring within your county by person or company not primarily engaged in the commercial mining of limestone and sand suitable for production of construction aggregates, sand, cement, and road base materials remains subject to the provisions of Section 552.25, Florida Statutes. RANDALL W. NAPOLI. DIRECTOR DMSION OF STATE FIRE MARSHAL 200 EAST GAINES STREET. TALlAHASSEE, FLORIDA 32399.0340 . TEL 850-413-3601 . FAX 850..922-1235 . Be 293-3601 EMAlL . RANDAll. NAPOU@FLDfS.COM AFFIRMATlVEACTION. EOUAlOPPORnJNTlY EMPLOYER Agenda Item NO.1 OA February 27,2007 Page 7 of 8 Mr. Thomas E. Kuck December 20, 2006 Page Two Florida Administrative Code 69A-Z.024(l2) states that nothing in this rule shall impact a county's or municipality's authority to exercise whatever powers are not prohibited by Section 552.30, Florida Statutes. Please advise us if Collier County is requesting to enter into an agreement with the State Fire Marshal to engage in the monitoring and enforcement components of the regulation of the use of explosives by construction mining activities. If you have any questions, please feel free to contact Bureau Chief Jim Goodloe at 850.413.3620, or via o-maiI at iim.g;oodloe@fldts.com. Feb 19 07 11:438 Jones Mining Comp 2393041519 Agenda ItB~ NO.1 OA February 27, 2007 Page 8 of 8 RECEIVED ,UNTY M;: NAG~R 01=~ . -....", FE3 2 , 2007 fiLE JOSEPH DIMUlUlO 4920 20m STREET N.E. NAPLES, FL34120 (0 A February 19, 2007 VIA: U.S. Mail and e-mail IamesMudd@colliergov.net Mr. James Mudd. County Manager Collier CoUDty Government 3301 East Tamiami Trail Naples, FL 34112 Re: Jones Mining Company, u.c and Jones Mine, WIthdrawal of Public Petition and Other Complaints Dear Mr. Mudd: 1 hereby withdraw my previously filed public petition concerning Jones Mining Company, LLC aDd Jones Mine on Immokalee Road beard and contiJued by the County Commission at its Novembec 28, 2006 meeting. I also heRby withdraw any and all other complaints previously filed with various officials of Collier County concerning Jones Mining Company, UC and Jones Mine, including but not limited to AlMS 2465. It is my understllnding and belief that all the activities associated with the Jones Mining Company, LLC and Jones Mine's operations are in compliance with County and state regulations. Sincerely, c?~ tJ~ Joseph DiMurro Agenda Item NO.1 OB February 27, 2007 Page 1 of 31 EXECUTIVE SUMMARY Recommendation to award Work Order HS-FT-3785-07-03 in the amount of $2,846,000 to Hazen and Sawyer, P.C. (H&S), for professional engineering services to expand the North County Water Reclamation Facility (NCWRF) to 30.6 million gallons per day (MGD) maximum month average daily flow (MMADF), as Projects 739503 and 739504. OBJECTIVE: To obtain Board approval to award a work order to H&S under Fixed Term Utilities Engineering Contract (FTUEC) 05-3785, for professional design, permitting, bidding assistance, geotechnical services, contract administration, operations and maintenance training, operational support, and surveying services to expand the NCWRF from its current capacity of 24.1 MGD MMADF to the ultimate build out capacity of 30.6 MOD MMADF. The public purpose is to increase Collier County's wastewater treatment capacity and reliability to ensure the ability to meet the peak wastewater demands of Collier County's customers. CONSIDERATIONS: The NCWRF was last expanded to a total rated wastewater treatment capacity of 24.1 MGD MMADF in April 2005. The 2006 Annual Update & Inventory Report on Public Facilities as approved by the Board on January 24, 2007, prescribes that based on current and future growth and population projections, it is imperative that the NCWRF is expanded to 30.6 MGD MMADF and placed into service no later than December 2010 in order to adequately meet the wastewater treatment demands of our wastewater customers. This end state requires that design and permitting must commence in the second quarter of 2007. ,e'- Staff has selected H&S for this work under FTUEC 05-3785, which was competitively procured through an official Request for Proposal process. The final contract was approved by the Board on September 27, 2005, as Item 16 (C)(l4). All thirteen firms were competitively selected based on qualifications and experience. H&S was specifically selected for this project because they have successfully provided similar engineering services for the last two NCWRF expansions in 2001 and 2005, respectively, and for the NCWRF Flow Equalization Tanks project in 2004. H&S will utilize the same design team that has been on all of the County's projects for the last fifteen years which represents solid commitment and continuity. Their cooperation and engineering assistance helped the County to successfully meet or beat all of the milestones of the 2001 Florida Department of Environmental Protection's Consent Order. Their engineering efforts and teamwork certainly helped achieve the dissolution and release of the Consent Order in 2006, ten years in advance of the original release date. .- H&S is currently performing the NCWRF Capacity Analysis, Modernization, Maximization, Enhancement, and Optimization Study which will yield findings, conclusions, and recommendations that will form the conceptual basis for this proposed expansion project. They are also conducting the NCWRF Operational Readiness Study which will also be utilized in the planning and design of this expansion project. Therefore, H&S was selected for this work because they have surpassed the initialleaming curve of familiarity with the NCWRF, they have the most engineering experience with, and direct knowledge of the NCWRF, and are intimately familiar with the specific requirements needed to successfully perform and permit this proposed expansion based on their past and current services performed at the NCWRF. They have demonstrated teamwork, cooperation, and excellent customer service. Their experience and knowledge will result in a better engineering design product, a small learning curve, if any, to get familiarized with the facility and associated upgrade requirements, a best value, less expensive, and shorter design effort to accomplish the required services to expand the NCWRF to 30.6 MGD MMADF. Executive Summary Approve Work Order HS-FT-3785-07-03 Page 2 Aaenda Item NO.1 08 - February 27, 2007 Page 2 of 31 Staff has negotiated fees that are fair and reasonable, and are commensurate with current market conditions and most current rates in FTUEC 05-3785. Under the County's Purchasing Policy, all Work Orders for these services that exceed $200,000 must be approved by the Board. Staff recommends that the Board approve this Work Order which will exceed $200,000. Also Article 1.2 of FTUEC 05-3785 states "... that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County." This Work Order will comply with the specified maximum annual limit. Two previous unrelated Work Orders totaling $150,350 were awarded to H&S this year. This Work Order in the amount of $2,846,000, when combined with the previous two which total $150,350 will still result in total awarded Work Orders this year of $2,996,350, which is under the maximum limit of $3,000,000. This Work Order, full scope of services, associated fees, and time line are attached for reference. The required engineering services are intentionally divided into two phases: 1) this initial Work Order will include design, permitting, bidding assistance services, soil borings, and surveying services, and 2) a future second Work Order utilizing one of the other thirteen firms under FTUEC 05-3785 will be brought to the Board for approval for the construction engineering and inspection services during construction. Included will be detailed observation, contract administration, and additional services such as operational follow up services from the plant bum-in through the one year construction contractor's warranty period. This proposed project is consistent with the FY07 Water Capital Budget approved by the Board on June 6,2006, Item 10 B. FISCAL IMPACT: Funds in the amount of $2,000,000 are available in Project 73950 (413), NCWRF Expansion to 30.6 MGD MMADF. A budget amendment is necessary to transfer funds in the amount of $490,000 from Project 739492, (413) SCRWF Expansion to Project 739503 (413) and $356,000 from Wastewater User Fees Reserves (414) to Project 739504 (414). The source of funds are Wastewater Impact Fees (87.49% of total) and Wastewater User Fees (12.51 % of total), respectively. This distribution is allocated to the appropriate Impact Fees and User Fees to accurately reflect the appropriate areas being impacted by this work. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDA TIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Award Work Order HS-FT-3785-07-03 under Fixed Term Utilities Engineering Contract 05-3785 to Hazen and Sawyer, P.C., in the amount of$2,846,000. 2. Approve exceeding the individual Work Order limit of $200,000 per provisions of the Purchasing Policy. 3. Approve the necessary respective budget amendments. 4. Authorize the Chairman to sign the standard work order after approval by the County Attorney's Office. - PREPARED BY: Peter Schalt, PMP, Senior Project Manager, Public Utilities Engineering Department Item Number: Item Summary: Meeting Date: Agenda Item No. 10B February 27. 2007 Page 3 of 31 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 108 RecommendatIon to award Work. Order HS~FT -3785-07 -03 In the amount of $.2.846,000 to Hazen and Sawyer, P.C (H&S). for professional engineering services to expand the North County Water Reclamation Facility iNCWRF) to 30.6 million gallons per day IMGD) maximum month average dally flow (MMADF) as Project 73950 (Jim Delony, Administrator, Public Utilities) 2/27/2007900.00 AM Date Prepared By Peter Schalt, PMP Public Utilities Senior Project Manager Public Utilities Engineering 1/26/2007 3:36:47 PM Date App roved By Steve Carnell Administrative Services Purchasmg/General Svcs Director Purchasing 1129/2007 8:45 AM Date Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering 1/291200711:30AM Date Approved By G. George Yilmaz Public Utilities WasteWater Director WasteWater 211/200710:21 AM Date Approved By Jon Pratt PubliC Utilities Treatment Plant Superintendent Wa steW ater 2/1/200710:49 AM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities OperatIOns 211/20071:59 PM Date Approved By Lyn Wood Admimstrative Services Purchasmg Agent Purchasing 212/2007 1 :11 PM Date Approved By Roy B. Anderson. P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering 2/6120074:03 PM Date Approved By James W, DeLony Public Utilities Public Utilities Administrator Public Utilities Administration 217/2007 11 :22 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2113120072:06 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/16/20075:31 PM Date Approved By James V. Mudd Board of County CommiSSioners County Manager County Manager's Office 2/17/2007 10:33 AM WORK ORDER #HS-FT.3785-07-03 Agenda Item NO.1 08 February 27, 2007 Page 4 of 31 Agreement for Fixed Term Professional Engineering Services Dated September 27. 2005 (Contract #05-3785) This Work Order is for professional engineering services for work known as: (Title): NCWRF Expansion to 30.6 MGD MMADF (Reason for Proiect): To ensure adeauate compliant reliable capacity to meet the wastewater demands of Collier County's customers. referenced above, Work Order #HS-FT-3785-07-03 is assigned to Hazen and Sawyer, Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task 1 - Design Report Task 2 - Preliminary Design Task 3 - Final Design Task 4 - N/A Task 5 - Contract Administration Task 6 - N/A Task 7 - Additional Services: Permitting, Geotechnical, Surveying, Bidding, O&M Training. Operations Support Schedule of Work: Complete all work no later than 52 weeks from Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly raters) as enumerated in Schedule "A" of the Agreement), Fund 413.263613-73950 Task 1 LS Task 2 LS Task 3 LS Task 4 (List all Tasks) $ 187,000 Task 5 LS $1,130,000 Task 6 $ 830,000 Task 7 T&M $ N/A Total NTE $ 289,000 $ N/A $ 410,000 $2,846,000 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Peter Schalt, PMP, Senior Project Manager Date REVIEWED BY: Dr, George Yilmaz, PhD, Wastewater Director Date REVIEWED BY: William D. Mullin, P.E., PrinCipal Project Manager Date REVIEWED BY: Date Roy B. Anderson, P.E., Public Utilities Eng. Director REVIEWED BY: James W. DeLony, P.E., Public Utilities Div Administrator Date REVIEWED BY: Lyn Wood, Purchasing Contract Specialist Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: James Coletta, Chairman Deputy Clerk Approved as to Form and Legal Sufficiency: Hazen and Sawyer, P.C. Assistant County Attorney Date: ATTEST: (Corporate Secretary) By: By: Signature Type Name and Title Type Name and Title (or) .witnesses (2) (1 ) (2) Signature Signature Print Name Print Name Agenda Item NO.1 OB February 27,2007 Page 5 of 31 SCHEDULE A SCOPE OF SERVICE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF COUNTY PROJECT NOs. 739503, 739504 - CONTRACT NO. HS-FT-3785-07-03 Schedule A consists of the following phases: AO Description of Project A1 Design Report A.2 Preliminary Design A3 Final Design AA [Not Used] A.5 Construction Contract Administration A6 [Not Used] A.7 Additional Services A.O DESCRIPTION OF PROJECT A.0.1 Background The NCWRF is rated for a Maximum Month Average Daily Flow (MMADF) of 24.1 MGD. The expanded NCWRF contains two distinct biological treatment processes. The older (northern) portion of the plant includes a series of oxidation ditches that provide 9.6 MGD (MMADF) of treatment capacity. The newer (southern) portion of the plant contains 14.5 MGD (MMADF) of conventional aeration basins each in the two-stage Modified Ludzack-Ettinger (MLE) process for nitrogen removal. Both the "Oxidation-Ditch" plant and the "MLE" plant discharge into their respective sets of traveling bridge filters and chlorine contact basins to meet high-level disinfection reuse requirements. Reuse quality effluent is pumped by the Reuse Pump Station to reclaimed water customers. "Reject" water not meeting reuse standards is stored in reject ponds and/or disposed of down on-site deep injection wells. Solids removed from both portions of the plant are aerated, thickened, dewatered and hauled off-site to the Okeechobee landfill. NCWRF process facilities are summarized below: · Pretreatment Facility with four (4) mechanical screens and three (3) aerated grit chambers. · Three (3) Oxidation Ditches with mechanical and two floating surface aerators. · Twelve (12) Aeration Basins, each containing jet aeration systems in the anoxic zones and fine-bubble diffused aeration systems in the aerobic zones. The Aeration Basins are served by a Blower Building containing three (3) 300 hp and two (2) 150 hp multi- stage centrifugal blowers. · Nine (9) Secondary Clarifiers. J: ProsCollierWOH $-FT-3785-0 7-03 Page 1 of 26 Agenda item NO.1 OB February 27,2007 Page 6 of 31 . Four (4) Sludge Pump Stations (for return activated and waste activated sludge). . Twenty (20) traveling bridge effluent filters. . Five (5) Chlorine Contact Basins. . Hypochlorite Storage/Feed Facility. . Two (2) Aerated Sludge Holding Tanks. . Two (2) Aerated Sludge Feed Tanks. . A Dewatering Building with five (5) belt filter presses and ancillary equipment (polymer system, belt press feed pumps, wash water booster pumps). . Two compliance points for Orbal and two for MLE . Two chemical scrubbers and one biological unit for odor . No grease and septage side stream processing . Two Equalization Tanks . Two sludge feed tanks . Two reclaimed ponds . One reject pond . Two percolation ponds . Two Deep Injection Wells (DIW) . One ASR well (in construction) . Re-Use Pump Station . DIW Pump Station . North South IQ Interconnect . North-South Raw Interconnect A.O.2 Study to Maximize Plant Infrastructure (Ongoing) The CONSULTANT is conducting the Capacity Analysis, Maximization, Modernization, Enhancement, Optimization (CAMMEO) Study under a separate Work Order, Task 5 of the CAMMEO Study is a "Study to Maximize Plant Infrastructure". Given the changes in wastewater treatment technology since the older portion of the plant was constructed, the J:ProsCollierWOHS-FT-3785-07 -03 Page 2 of 26 Agenda Item NO.1 08 February 27, 2007 Page 7 of 31 purpose of the study is to evaluate the older portion of the plant to maXimize usage, performance and efficiency of plant infrastructure. The COUNTY requests that all available options for long-term improvements be considered and screened for reliability, sustainability and feasibility (technical and cost). The study is evaluating whether existing processes should be eliminated and replaced with alternate processes. Examples of process options being considered are as follows: . Example 1 Should one or more of the oxidation ditch/clarifier trains or a portion of the MLE activated sludge system be converted to a Membrane Bioreactor (MBR) process to provide some or all of the required build-out capacity? . Example 2 If one of the oxidation ditches is converted to an MBR process replaced per Example 1, can the remaining oxidation tanks be used for additional influent flow equalization, aerated sludge storage or reclaimed water storage? . Example 3 Is there a practical use for the Chlorine Building that was abandoned when the County converted from chlorine gas to sodium hypochlorite? . Example 4 Is there sufficient disinfection capacity when certain process changes are made? . Example 5 Are there alternative disinfection methods? . Example 6 Can air supplied for mixing and biological process be optimized? . Example 7 Is there flexibility built into the design to accommodate EPA and FDEP rule changes and permit modifications? . Example 8 Does RAS screening enhance treatment capabilities? Present-worth cost analyses of capital and O&M (power, chemicals, etc.) costs for the screened options will be performed to provide an economical comparison of each option against each other and against the baseline present conditions. The final recommendations from this study as accepted by the COUNTY will provide the conceptual Basis of Design for the NCWRF Expansion to 30.6 MGD MMADF. This conceptual Basis of Design shall then be further developed into detailed design criteria under Phase A.1 (Design Report) of this project, as described later herein. A.O.3 General This project includes engineering services for the pre-design, design, permitting, construction administration (partial), training, operational support and additional services for the North County Water Reclamation Facility Expansion to 30.6 MGD (MMADF). The work will be designed as a single bid package to consolidate construction. Construction substantial completion is scheduled for December 2010. CONSULTANT and sub-consultants will have a minimum of twenty years experience in the design and construction of Wastewater facilities in Florida. J:ProsCollierWOHS-FT-3785-07 -03 Page 3 of 26 Agenda Item NO.1 08 February 27,2007 Page 8 of 31 Note that the work encompassed by each phase will be dependent upon recommendations developed in preceding phases and fully approved by Wastewater Department staff, as accepted by the Board of County Commissioners of Collier County (herein after referred to as COUNTY). A more detailed discussion on each phase of this Scope of Services is presented below: A.O.4 Performance Measures The COUNTY has identified the following performance measures that shall govern the design, construction and implementation of the Expansion to 30.6 MGD MMADF project: 1. The plant will be designed to handle seasonal peak daily flows and maintain production of sustainable IQ water at the following compliance levels: a. Minimum of 75% of daily flows during 100% of calendar year providing water quality with no fecal coliform count; and b. Less than five fecal coliform counts for remaining 25% at each compliance point. 2. The site development and facilities will provide a system with the ability to equalize diurnal flows and to handle instantaneous peak flows of up to 60 MGD. Hydraulic profile of the entire system will be designed to handle equalized peak flows corresponding to a minimum of 30.6 MGD MMADF. 3. Each separate treatment component will have the ability to perform to its functionality independent of other treatment components. 4. Full automation and SCADA to provide instantaneous readings and adjustment capabilities for hydraulic flows, biochemistry, compliance, sidestreams, and equipment profiles and integrated dynamic modeling. The system - in full automation - will provide full treatment, IQ production, compliance with permit operating parameters and the flexibility to adjust to future permit conditions. 5. Provide ability for all flows to be directed manually or automatically. 6. Provide spill containment areas for all storage tanks (chemical and/or fuel). 7. The stormwater management system will be designed with incremental containment areas for sanitary sewer overflows (including manholes). 8. New and expanded facilities shall be designed with odor control measures (e.g., odor containment, collection and/or treatment) such that those facilities produce no off-site odors. 9. New and expanded facilities shall be designed to ensure they comply with the COUNTY's noise ordinance. 10. Operational safety is non-negotiable. New and expanded facilities will be designed to comply with federal, state and local safety regulations. J:ProsCollierWOHS-FT-3785-07 -03 Page 4 of 26 Agenda Item NO.1 08 February 27,2007 Page 9 of 31 11. Design all new facilities in accordance with Florida Building Code wind-loading criteria. The COUNTY has stated that new "critical" facilities and components should be designed to withstand Category 5 hurricane wind-loading. Critical new facilities and components will be jointly reviewed and identified by the CONSULTANT and the COUNTY. Wind-loading criteria in the Florida Building Code and other applicable standards are not identified by hurricane categories such as the Saphir-Simpson Scale (e.g., Categories 1 through 5). The CONSULTANT will review wind-loading criteria with the County during preliminary design, including those for "essential" facilities as defined by the Florida Building Code (e.g. - hospitals, water treatment facilities, etc.) and FEMA Design and Construction Guidance for Community Shelters (e.g., 200 mph wind gusts), in order to establish the required wind-loading design criteria to be used in final design of critical facilities. 12. Electrical power distribution systems for new and expanded facilities will be designed in accordance with EPA Electrical Class 1 Reliability standards and to be consistent with the electrical power distribution system reliability provided for the MLE Facility (Electrical Service No.2) under the most recent plant expansion. The electrical power distribution system associated with Electrical Service No. 1 will be retrofitted to meet equivalent reliability standards. 13. CONSULTANT will be responsible for ensuring the design is fully aligned with operations and maintenance long term sustainability. 14. CONSULTANT will provide continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the design, construction and warranty phase, through all seasons (high season, rainy season and IQ high demand season). 15. 0 & M manuals will be completed, approved and delivered before substantial completion of construction. A.O.5 The Project Will Specifically Address The Following Issues: A.O.5.1 Pretreatment Facilities Existin!:! Facilities The existing Pretreatment Facilities consist of a common influent chamber, four mechanical screens with one manual screen/bypass channel, four aerated grit chambers, and a flow distribution channel with motorized, flow-proportioned weir gates to distribute flow to Aeration Basins Nos. 1 through 7. A separate consultant is designing enhancements to the existing Pretreatment Facility (under a separate work order) to improve staffs ability to operate and maintain the grit removal system. Areas being evaluated include the following: · Measures to prevent bridging and compacting of grit in the grit chamber collection sump. Initial measures identified are the addition of booster pumping to increase reclaimed water pressure to the hopper flushing connection and the addition of a compressed air flushing connection. J: ProsCollierWOHS-FT-3785-0 7-03 Page 5 of 26 Aaenda Item NO.1 OB ~ February 27, 2007 Page 10 of 31 . Piping between the grit chamber hoppers and the grit pumps, as well as the grit pumps themselves, will be investigated to identify any areas prone to plugging. If any such areas are identified, piping revisions will be implemented. Proposed Facilities Under this proposed project, the following work is anticipated to provide adequate pretreatment capacity to for the Expansion to 30.6 MGD 1. Replacement of the manual screen in the bypass channel with a fifth mechanical screen and screenings compactor similar to Mechanical Screens Nos. 1 through 4. Note the COUNTY is currently replacing Mechanical Screens Nos. 1, 2 and 3 with new step-type screens and screenings compactors to match Mechanical Screen No. 4. This work to add Mechanical Screen No.5 will include structural and mechanical provisions to route compacted screenings from the new unit to the collection containers below. 2. Addition of Aerated Grit Chamber NO.5. Provisions were made during the construction of the existing Flow Equalization Diversion Box to construct the fifth grit chamber immediately north of Grit Chamber No.1. Construction will also include ancillary equipment such as a grit separator/classifier, related piping and ductwork to connect he new grit chamber to the existing Pretreatment/Sludge Holding Odor Control System. The scope includes the design and construction of a septage and grease treatment system at the NCWRF. The station will be located south of the MLE Aeration Basins treated liquid to the existing Pretreatment Building. The system capacity will be determined based on historical data and growth projections. CONSULTANT will be responsible for design and methodology of disposal and treatment of all liquid stream components being introduced into the Water Reclamation Facility A.O.5.2 Flow Equalization Facilities Existinq Facilities In addition to the consideration of maximum monthly wastewater flows for plant design, hourly flow patterns which represent variations in customer system utilization must also be considered. Historically in Collier County, hourly variations in wastewater flows have varied from a minimum of approximately 50 percent of the daily average in the early morning hours to approximately 180 percent of the daily average during peak hour periods. The existing Flow Equalization Facilities, which consist of a Pretreatment Diversion Structure, two 1.5 MG storage tanks (with mixing and aeration equipment, return pumping and piping and odor control, was placed into operation in January 2003. The flow equalization system is designed to 1) provide three million gallons of storage, 2) limit peak hour flows to approximately 115 percent of the daily average and 3) bleed captured and stored peak flow volume back to the treatment process during lower flow periods later in the evening and early morning hours. The Flow Equalization Facilities were designed to accommodate the planned Expansion to 30.6 MGD MMADF. J:ProsCollierWOHS-FT-3785-07 -03 Page 6 of 26 Agenda Item NO.1 OB February 27, 2007 Page 11 of 31 Proposed Facilities At the COUNTY's request, a third equalization tank will be provided under this expansion project to provide full flow equalization. The demolition of an existing steel ring digester will make land area available to construct the third 1.5 MG Equalization Tank. The piping modifications will allow for all 4.5 MG of stored sewage to be brought back to the headworks within a six hour period. Recommendations to optimize a automatic control will be implemented into the project's design and construction. A.O.5.3 Activated Sludge Processes Existing Facilities Secondary treatment is currently provided at the NCWRF through a series of seven aeration basins which are physically and functionally divided into two distinct groups. The first group, consisting of Aeration Basins 1 through 3, is oxidation ditches fitted with Envirex Orbal disk aerators. The basins are followed by five secondary clarifiers and associated return and waste sludge systems. The second group, consisting of Aeration Basins 4 through 7, are advanced secondary (fitted for nitrogen removal) plug flow activated sludge reactors utilizing diffused aeration. Each Aeration Basin is subdivided into four passes and configured in a two- stage Modified Lutzack-Ettinger (MLE) configuration. Each pass includes an anoxic zone for denitrification followed by an aeration (oxic) zone for BODs reduction. A jet mixing system (with internal submersible pumps) is provided in the anoxic zone of each pass with the capability of aeration (if the nitrogen removal mode is not selected). The aeration zone consists of fine bubble diffusers. Three submersible internal recycle sludge pumps (two operating, one spare) are located at the effluent end of each basin to return biomass to the beginning of that basin's anoxic zones. Proposed Facilities The current Preliminary Design Report ("North County Water Reclamation Facility Expansion to 30.6 MGD, Phase I and Phase 2 Program", January 2002, prepared by Hazen and Sawyer, P.C. in association with Hole Montes and Associates, Inc.) stated that the MLE facilities would be expanded by adding five aeration basin passes, two secondary clarifiers, and an additional RASIWAS pump station to serve the build-out expansion to 30.6 MGD MMADF. This preliminary design was based on influent BOD and TSS loadings of 300 mg/I and 350 mg/I, respectively. As a result of the ongoing CAMMEO Study, the Year 2002 Preliminary Design Report recommendations will be re-evaluated as follows: 1. Recent analysis conducted under the CAMMEO Study indicates that the Expansion to 30.6 MGD should be designed to accommodate an increase in influent BOD and TSS loadings of approximately 10 to 15 percent. The higher loading rates should be applied to the entire plant's activated sludge processes (existing and proposed). Based on applying the higher influent loading rates to the entire plant, the amount of new aeration basin passes will likely increase over that projected in the Year 2002 Preliminary Design Report. J:ProsCol/ierWOHS-FT-3785-07-03 Page 7 of 26 Agenda Item No.1 OB February 27,2007 Page 12 of 31 2. The ongoing CAMMEO Study is evaluating other activated sludge process options, including the use of Membrane Bioreactor technology. As such, the preliminary design of the activated sludge process facilities required to serve the Expansion to 30.6 MGD MMADF will be determined based on the results of the CAMMEO Study. A.O.5.4 Effluent Treatment Existinq Facilities The NCWRF effluent management system consists of traveling bridge filters, followed by chlorination using sodium hypochlorite. Reclaimed water meeting the above requirements is stored on site in reuse storage ponds. Reuse pumps distribute effluent to the reuse water service area. Excess reclaimed water can be disposed by two deep injection wells at the North County WRF. Effluent not meeting Part III reuse criteria is stored in reject storage ponds and pumped back to the preliminary treatment facility or to the deep injection wells. Twenty (20) traveling bridge filters (TBF) manufactured by Aqua-Aerobic Systems, Inc. are currently in operation at the NCWRF. Eight (8) filters serve the oxidation ditch process train, while twelve (12) filters serve the MLE process train. Five (5) chlorine contact basins are presently in service at the NCWRF. Two (2) chlorine contact tanks treat filtered effluent from the oxidation ditch process train, while three (3) chlorine contact tanks treat filtered effluent from MLE process train. Proposed Facilities The current Preliminary Design Report (January 2002) stated that the MLE facilities would be expanded by adding four traveling bridge filters and one chlorine contact tank to serve the build-out expansion to 30.6 MGD MMADF. As stated in A.OA.3 (Activated Sludge Processes), the ongoing CAMMEO Study is evaluating other activated sludge process options, including the use of Membrane Bioreactor technology. If membrane bioreactor technology were selected as the desired approach for the build-out expansion, and since MBR effluent meets reuse standards for total suspended solids without additional filtration, the scope of work for Effluent Filtration would change considerably. As such, the preliminary design of the effluent filtration facilities required to serve the Expansion to 30.6 MGD MMADF will be determined based on the results of the CAMMEO Study. At the COUNTY's request, the CONSULTANT will evaluate a means of secondary detected at the discharge of any of the primary disinfection chlorine contact basins. Proposed facilities will include provisions for secondary disinfection and associated piping and controls modifications. J:ProsCollierWOHS-FT-3785-07 -03 Page 8 of 26 Agenda Item NO.1 OB February 27,2007 Page 13 of 31 A.O.S.S Effluent Compliance Points Currently the NCWRF monitors three effluent compliance points, which are located at the discharge of Chlorine Contact Basin No.1, Chlorine Contact Basin No.2, and at the combined discharge of Chlorine Contact Basins Nos. 3 through 5. Under past projects, the COUNTY has sought to consolidate sampling points to simplify effluent monitoring. As the NCWRF has become, in practice, an Irrigation Quality (IQ) that if a single compliance point is not meeting reuse standards, the other points can remain in service and the COUNTY can maximize IQ water production to their reclaimed water customers. Under an ongoing work order, a separate consultant is evaluating the existing effluent disposal system, including the configuration of effluent piping, compliance valves, the Reclaimed Water Control Structure, effluent ponds, and the Deep Injection Well Pump Station, to identify means to provide a total of six compliance points for the build-out condition. Separate compliance points would be established for each of Chlorine Contact Basins Nos. 1, 2, 3, 4, 5 and 6. These enhancements will be designed and constructed by others under a separate project. A.O.S.6 Effluent Storage and Pumping ExistinQ Facilities The NCWRF treatment process produces reclaimed water for irrigation of golf courses and common areas. Reclaimed water is routed through a Reclaimed Water Control Structure to storage ponds. Reclaimed water from the storage ponds flows through the Reclaimed Water Screenings Structure to the Reclaimed Water Pump Station, which discharges to the distribution system at an operating pressure of 90 psig. Effluent in excess of reclaimed water demands can be discharged to two on-site deep injection wells. Effluent that does not meet reclaimed water requirements is diverted to a reject storage pond and then pumped back to the treatment units for reprocessing to reclaimed water standards. Reject water meeting secondary effluent standards can also be discharged to the deep injection wells. Proposed Facilities In order to serve the additional flows associated with the Expansion to 30.6 MGD MMADF, the following additional facilities will be required: . Additional Reclaimed Water Pumps · Additional Deep Injection Well Pumps New effluent management facilities will be designed in coordination with the additional effluent compliance points referenced in Section A.OA.5. J:ProsCollierWOHS-FT-3785-07-03 Page 9 of 26 Agenda Item NO.1 OB February 27, 2007 Page 14 of 31 A.O.5.7 Disinfection Existino Facilities Under ongoing, separate work orders, the existing centralized hypochlorite storage and pumping system is being replaced with two de-centralized systems, one to serve filtered effluent. Each system is being located near its respective chlorine contact basins to minimize lengths of piping runs. Each facility will consist of storage tanks within secondary containment structure and multiple chemical metering pump skids with one pump dedicated to each side of each contact basin. Proposed Facilities Storage tanks at each of the new systems have been sized to serve the Expansion to 30.6 MGD. The expansion will require new metering pump skids, piping and instrumentation and controls to serve the new chlorine contact basins. Space has been reserved in the initial system design to accommodate these "build-out" pump skids. A.O.5.S Solids Processing Existino Facilities The existing NCWRF solids process consists of the following facilities: . Two Aerated Sludge Holding Tanks (total volume 1.1 MG), constructed in Year 2005 . One additional Sludge Storage Tank (steel tank, formerly a package plant, then a "digester"), in service for more than 20 years, total volume 1.0 MG . Two Aerated Sludge Feed Tanks (formerly Gravity Thickeners) . Dewatering Building, including five (5) belt filter presses, a truck loading area, belt press washwater pumps, polymer storage/feed system, and office space Waste activated sludge from both the Oxidation Ditch and MLE activated sludge processes are pumped to the Aerated Sludge Holding Tanks (ASHT's) at a solids concentration of 0.8 % to 0.9 %. The ASHT's can be decanted to thicken the sludge to approximately 1.5% solids. The Aerated Sludge Holding Tanks were designed to provide a minimum of two days storage at a plant flow rate of 24.1 MGD MMADF. Thickened, aerated sludge from the ASHT's is pumped to the Aerated Sludge Feed Tanks, which serve as batch tanks to feed the belt filter presses. Each press employs a thickening zone prior to its dewatering zone and produces a sludge cake of approximately 15 % to 17% solids. Dewatered sludge is distributed through a series of screw conveyors to sludge hauling trucks which in turn haul the sludge to the Okeechobee landfill. J:ProsCo/lierWOHS-FT-3785-07 -03 Page 10 of 26 Agenda Item NO.1 OB February 27,2007 Page 15 of 31 Proposed Facilities The current Preliminary Design Report stated that the following facilities would be required for the Expansion to 30.6 MGD MMADF: · Two additional Aerated Sludge Holding Tanks similar to those constructed in Year 2005. These tanks would be accompanied by sludge transfer pumps, aeration blowers, decant pumps, and odor control facilities. These facilities would be located across the existing road and south of the existing Aerated Sludge Holding Tanks in an area currently occupied by a stormwater retention pond. · One (1) new belt filter press and appurtenances, to be installed inside the existing Dewatering Building in a location already reserved as Belt Filter Press No.6. The volume of the additional Aerated Sludge Holding Tanks will be dictated by several factors currently under evaluation in the ongoing CAMMEO Study: · Minimum required storage time. Since the COUNTY hauls dewatered sludge to the Okeechobee landfill, which does not receive sludge after 12:00 p.m. on Saturdays, there are two days each weekend on which the COUNTY does not dewater and haul sludge. Although the COUNTY is currently in the planning stages for long-term sludge stabilization/drying facilities near the COUNTY landfill property, an interim solution must be addressed under this Expansion to 30.6 MGD MMADF project. · Sludge production rates. The increase in influent BODrrSS loading rates discussed above in A.0.4.3 will result in a corresponding increase in sludge production. · Demolition of the existing steel Sludge Holding Tank. The existing steel tank has a total volume of approximately 1.0 MG and was refurbished in 1995. However, there are several facilities that serve these tanks that are either not fully functioning or not compliant with current codes or best engineering practices. Examples are listed below: 1. One of the two air blowers is not operable. 2. The electrical power distribution equipment is located in a room with floor elevation below flood level. 3. The steel tank is not covered and has no odor control system; therefore, decanting and thickening within the tank creates odor issues. The preliminary design of Aerated Sludge Holding Tanks required for the Expansion to 30.6 MGD MMADF will evaluate all of these issues in order to determine required sizing. A.O.5.9 Odor Control Facilities The NCWRF currently operates odor control systems for the following unit processes: · Pretreatment Building (wet scrubber, shared with Aerated Sludge Holding and Feed Tanks) J:ProsCollierWOHS-FT-3785-07-03 Page 11 of 26 Agenda Item NO.1 OB February 27,2007 Page 16 of 31 . Flow Equalization Facilities (wet scrubber) . Anoxic Zones of Aeration Basins 4 through 7 (biofiltration tower) . Sludge Holding and Feed Tanks (wet scrubber, shared with Pretreatment Facility) . Dewatering Building (sodium chlorite applied to feed sludge; and air dilution and dispersion via up-blast ventilators) . Under an ongoing work order, a separate consultant is evaluating and designing odor control measures throughout the NCWRF to identify and mitigate existing, untreated odor sources.. Engineering services for odor control improvements related to existing facilities will be addressed by others under a separate contract. This Work Order will only address odor control measures related to new facilities designed and constructed under the NCWRF Expansion to 30.6 MGD MMADF project. Facilities planned for the Expansion to 30.6 MGD MMADF project that would require odor treatment include the new Aeration Basins and the new Aerated Sludge Holding Tanks. A.O.5.10 Electrical Power Systems Electrical engineering services included under this Work Order are as follows: 1. Electrical power distribution, lighting, lighting protection, and control wiring for new facilities required for the NCWRF Expansion to 30.6 MGD (MMADF). New systems will be designed to meet EPA Class 1 Electrical Reliability standards. 2. An upgrade of the Electrical Service No. 1 and its associated power distribution system to meet EPA Class 1 Electrical Reliability standards. 3. Lightning protection upgrades to the Oxidation Ditch portion of the NCWRF. A.O.5.11 Control and Information Systems Instrumentation and controls services included under this Work Order are as follows: 1. Automation and integration of new facilities required for the NCWRF Expansion to 30.6 MGD (MMADF) into the existing SCADA system. 2. Upgrading the existing SCADA communication system from Data Highway to Ethernet. 3. Upgrade of equipment within the Operations Building Supervisory Control Room as required. J:ProsCollierWOHS-FT-3785-07-03 Page 12 of 26 Agenda Item NO.1 08 February 27, 2007 Page 17 of 31 A.O.5.12 Modernization Upgrades to Existing Facilities Under the CAMMEO Study, Task 2 includes a review existing facilities with plant operations and maintenance staff to identify areas that can be modernized and enhanced to improve treatment performance, operability and reliability. Examples of modernization improvements include additional automation through additional instrumentation and controls and replacement of under-performing or obsolete equipment or facilities. Improvements and upgrades identified in the CAMMEO Study will be incorporated into the design and construction of the Expansion to 30.6 MGD MMADF. A.O.6 Reliability Criteria On past expansions of the NCWRF, designs have been based on providing Class 1 Reliability Requirements set by the Florida Department of Environmental Protection (1989). As the NCWRF has become, in practice, an Irrigation Quality (IQ) Production Facility, the COUNTY has determined that the minimum FDEP Class 1 Reliability standards may not be adequate to provide the level of service expected by the COUNTY's reclaimed water customers. During the Preliminary Design phase of this Expansion to 30.6 MGD MMADF project, the CONSULTANT will provide a matrix of reliability criteria from the following sources in order to help the COUNTY establish new reliability criteria for the entire expanded facility: · FDEP Class 1 Reliability Requirements . Ten States Standards · Water Environment Federation Manual of Practice No.8 · Applicable reliability standards for drinking water treatment plants The new reliability criteria will be applied to all new and existing facilities to identify required sizing and quantity of new facilities so that the overall expanded facility provides for a "reliable" total capacity of 30.6 MGD MMADF. A.1. DESIGN REPORT A.1.1 Prepare Technical Memoranda CONSULTANT will prepare a series of draft technical memoranda presenting evaluations of existing process systems and expansion alternatives. Each memorandum will discuss advantages and disadvantages of proposed alternatives, along with recommended improvements. Evaluations will consist of capital cost, present worth and functional analyses, as applicable. Draft technical memoranda will be prepared for each of the following topics: A.1.1 Civil/Site Work/Paving, Grading and Drainage, Landscape/Irrigation & Yard Piping A.1.2 Hydraulic Profile A.1.3 Pretreatment (screenings and grit removal) A.1.4 Flow Equalization J:ProsCollierWOHS-FT-3785-07 -03 Page 13 of 26 A.1.5 A.1.6 A.1.7 A.1.8 A.1.9 A.1.10 A.1.11 A.1.12 A.1.13 A.1.14 A.1.15 Agenda Item NO.1 08 February 27,2007 Page 18 of 31 Activated Sludge Processes Effluent Filtration Disinfection Reclaimed Water Pumping/Transmission (and Reject Water Handling) Sludge Processing (Storage and Dewatering) Odor Control Improvements Septage and Grease Systems Electrical Systems Control and Information Systems Probable Opinion of Construction Cost Construction Sequencing and Probable Construction Schedule A.1.2 In-House QAlQC Reviews Each draft technical memorandum will receive an in-house QA/QC review prior to submittal to COUNTY. These reviews will consist of comments from senior level staff members to check for compliance with applicable codes and standards. A.1.3 Review with Owner Each draft technical memorandum will be distributed to COUNTY (eight copies), approximately two weeks prior to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing COUNTY input. It is anticipated that each draft technical memorandum will require one review meeting/workshop. A.1.4 Finalize Technical Memoranda Based on comments received from COUNTY, CONSULTANT will finalize each technical memorandum. Eight copies of each will be forwarded to OWNER for final acceptance. A.1.5 Prepare Draft Design Report CONSULTANT will prepare a draft design report containing a compilation of COUNTY accepted technical memoranda, along with additional information including, but not limited to, soil borings, subsurface explorations, and any other similar investigations necessary for establishing a baseline from which to proceed with the final design of the project. The draft design report will also include schematic layouts, sketches and design criteria with appropriate exhibits to clearly indicate the considerations involved, including applicable requirements of all governmental agencies having jurisdiction on the project, and setting forth CONSULTANT's recommendations for proceeding with the preliminary design of the project. Said report shall also include CONSULTANT's professional evaluation of COUNTY's project budget for this project based on the 30% level cost estimate. Eight (8) copies of the draft design report shall be submitted to COUNTY. A.1.6 Review with Owner Approximately two weeks after delivery of the draft design report to COUNTY, CONSULTANT will schedule up to two meetings with COUNTY to review and incorporate comments. J:ProsCoJ/ierWOHS-FT-3785-07 -03 Page 14 of 26 Agenda Item NO.1 08 February 27,2007 Page 19 of 31 A.1.7 Prepare Fi nal Design Report Based on results of the review meeting(s) with COUNTY, CONSULTANT will prepare a final design report. Eight (8) copies of the final design report will be submitted to COUNTY. A.1.8 Review and Final Acceptance By Owner CONSULTANT will meet once with COUNTY to establish agreement and acceptance of the recommendations made in the final design report. The accepted report will then serve as the basis of design, upon which the preliminary design documents will be based. An electronic copy will then be submitted to the COUNTY. A.1.9 Project Management CONSULTANT will provide all necessary work effort to perform management and administration of its project tasks throughout the duration of the project. A.2 PRELIMINARY DESIGN A.2.1 Prepare 60% Documents Upon receiving final acceptance of the Design Report from COUNTY, CONSULTANT will commence with the preparation of preliminary design contract documents (drawings and technical specifications) for the NCWRF Expansion to 30.6 MGD project. Documents will be prepared for the following proposed improvements and disciplines: A.2.1.1 A.2.1.2 A.2.1.3 A.2.1.4 A.2.1.5 A.2.1.6 A.2.1.7 A.2.1.8 A.2.1.9 A.2.1.10 A.2.1.11 A.2.1.12 A.2.1.13 A.2.1.14 A.2.1.15 A.2.1.16 A.2.1.17 A.2.1.18 Civil/Site Work/Paving, Grading and Drainage and Landscape/Irrigation Yard Piping Pretreatment (screenings and grit removal) Flow Equalization System Activated Sludge Biological Process(es) Tertiary Treatment Disinfection IQ Pumping/Transmission (and Reject Water Handling) Septage and Grease Treatment Systems Sludge Processing Odor Control Improvements Environmental Control and Operations Center Structural Design Architectural Design Electrical Design Control and Instrumentation System Design HVAC Design Plumbing Design Improvements shall be designed per the recommended expansion criteria as presented in the final design report developed under Phase A.1. J:ProsCollierWOHS-FT-3785-07-03 Page 15 of 26 ,...._-'-_.,---/_-,-~-"""._- - .----.,-___'l .. Agenda Item NO.1 OB February 27, 2007 Page 20 of 31 A.2.2 Cost Estimate (60% Completion Level) CONSULTANT will prepare cost estimates intended to provide COUNTY with an up to date progress estimate of projected probable construction costs. Eight (8) hard copies and an electronic copy of the estimates will be prepared and forwarded to COUNTY at the 60 percent design completion stage. A.2.3 Project Peer Review CONSULTANT will conduct a 60 percent completion stage project peer review to provide QA/QC of the contract documents and cost estimate prior to submittal to COUNTY. The review will be conducted by senior level personnel (internal Technical Review Committee) not involved in the day-to-day activities of the project to ensure a "fresh eyes" review. A.2.4 Reviews with Owner CONSULTANT will schedule review meetings/workshops with COUNTY to receive input at the 60 percent design completion stage of each bid package. CONSULTANT, based on comments received from COUNTY, will make subsequent revisions to the documents. This task does not include out of scope changes outside of the recommended expansion criteria developed in the final design report. A.3 FINAL DESIGN A.3.1 Preparation of Proposed Final Documents Based on input received from COUNTY at review meetings during the preliminary design phase (Task A.2) and associated design reviews CONSULTANT will prepare the proposed final (90%) contract documents. A.3.2 Project Peer Review CONSULTANT will conduct a 90 percent completion stage project peer review to provide QA/QC of the final contract documents and cost estimate prior to submittal to COUNTY. The review will include final interdisciplinary checks, general coordination and constructability issues, and will be conducted by senior level personnel (internal Technical Review Committee) not involved in the day-to-day activities of the project to ensure a "fresh eyes" review. A.3.3 Delivery of Proposed Final Documents CONSULTANT will furnish COUNTY with eight (8) hard copies and an electronic copy of proposed final contract documents and the 90% completion level detailed opinion of probable construction cost. A.3.4 Review and Revisions to the Proposed Final Contract Documents Approximately two (2) weeks after delivery of the proposed final contract documents to COUNTY, CONSULTANT will schedule a review meeting with COUNTY, so that any changes that may be necessary to meet the project's budgetary requirements can be incorporated. These revie'vvs do not include scope changes to the iecommended expansion criteria developed J:ProsCallierWOHS-FT-3785-07 -03 Page 16 of 26 Agenda Item No. 10B February 27,2007 Page 21 of 31 in the design report, but only reductions to the overall work effort as necessary to meet the project construction budget. A.3.5 Acceptance of Final Contract Documents One master set of originals and an electronic copy of the final (100% complete) contract documents, revised per items addressed under Phase A.3.4, will be forwarded to COUNTY for final acceptance prior to bid. The COUNTY will reproduce all necessary copies of contract documents required during the bidding process. A.4 (NOT USED) A.5 CONSTRUCTION CONTRACT ADMINISTRATION A.5.1 Pre-construction Conference and Progress Meetings Consult with COUNTY and Contractors as reasonably required and necessary with regard to construction of the Project. Consultation will include attendance at the pre-construction conference and monthly coordination meetings with COUNTY, the Resident Project Representative and the Contractor. A.5.2 Contract Interpretation and Clarifications Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations from the Contract Documents. Notify COUNTY of any such requested deviations or substitutions and when reasonably necessary, provide COUNTY with a recommendation concerning same. A.5.3 Shop Drawings Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data that Contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.5.4 Record Drawings Prepare and submit to COUNTY upon completion of construction of Project, five (5) sets of signed and sealed record drawings, one (1) set of reproducible record drawing mylars of the work constructed and electronically on AUTOCAD disks (current COUNTY version), including those changes made during the construction process, using information supplied by the Contractors and other data which can reasonably be verified by CONSULTANT's personnel. Construction engineering and inspection (CEI) services will be provided to the COUNTY by others under a separate Work Order. It is assumed that the CEI firm will update contract documents on a monthly basis and provide electronic and hard copies of contract document updates to the CONSULTANT throughout the construction period. It is further assumed that the CEI firm will provide a complete, signed and sealed set of as-built contract documents to the CONSULTANT for use in preparing reproducible and electronic record drawings. J:ProsCollierWOHS-FT-3785-07 -03 Page 17 of 26 Agenda Item NO.1 OB February 27, 2007 Page 22 of 31 A.6 [NOT USED] The COUNTY will procure Construction Engineering and Inspection services for this project from a separate firm under a separate Work Order. As such, this section of the Work Order is not used. A.7 ADDITIONAL SERVICES A.7.1 Construction Bid Services A.7.1.1 CONSULTANT will assist COUNTY in developing criteria and documentation associated with the prequalification of acceptable construction contractors prior to issuing the contract documents for bidding. A.7.1.2 CONSULTANT will assist COUNTY in securing bid and: A.7.1.3 Provide interpretation and clarification of Contract Documents during bidding; A.7.1.4 Attend pre-bid meeting with prospective bidders; A.7.1.5 Attend the bid opening, assist COUNTY in the preparation of the bid tabulation sheets and assist COUNTY in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; A.7.1.6 Assist COUNTY in evaluation bidder's previous experience, if necessary; A. 7 .1. 7 Prepare and issue addenda as appropriate to interpret or clarify contract documents. A.7.1.8 Provide COUNTY with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents. A.7.1.9 Provide COUNTY with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder (s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, A.7.1.10 Provide COUNTY with a recommendation to make a contract award, as necessary. A.7.1.11 In the case that construction bids exceed the final CONSULTANT'S estimate of probable construction cost by more than ten (10) percent, CONSULTANT will, at its expense, analyze the cause or causes of the overrun and provide suggestions to correct the same. J:ProsCollierWOHS-FT-3785-07 -03 Page 18 of 26 Agenda Item NO.1 OB February 27, 2007 Page 23 of 31 A.7.2 Operations Manual Update Update the existing NCWRF Operations Manual as follows: (a) Each section of the Operations Manual shall contain single-colored process schematics and diagrams for Operator reference. Isometric diagrams shall also be utilized when necessary to provide better understanding of the process. (b) Eight (8) draft copies of the Operation Manual shall be submitted to COUNTY for their review and comment. (c) Based upon review comments received, the Operations Manual will be updated. (d) Eight (8) copies of the final operations manual will be provided to COUNTY. The COUNTY has standardized on the AIIMax Task Manager (A TM) computerized maintenance management system (CMMS) for the scheduling of preventative and corrective maintenance tasks. The COUNTY will provide the CONSULTANT with an electronic copy (in Microsoft Excel format) of the maintenance database table. The CONSULTANT shall populate this template table with maintenance schedule and maintenance procedure data supplied in the detailed operation and maintenance manuals of all equipment furnished under this project. The CONSULTANT shall provide the COUNTY with an electronic copy of the populated maintenance data table. The COUNTY will update the AIIMax Task Manager software with the populated maintenance data table. A.7.3 Operator Training CONSULTANT will provide meetings with the facilities operational staff to review operational data, observe trends, and correlate system performance observations with collected operational data. This task will focus on optimizing system performance, and reduce operational costs. Training shall be furnished through verbal communications and through workshops held on site. Four workshops are assumed. A.7.4 Process Startup Assistance Provide one personnel experienced in plant startups to oversee the startup activities of the new treatment facilities on an as-needed basis. The responsibilities of the startup personnel may include: A. 7 .4.1 Review of Contractor's cleaning, testing, and startup procedures. A.7.4.2 Review and approval of Contractor's component and system tests. A. 7 A.3 Review designed system for operability and maintenance. A.7AA Coordinate initial operations with COUNTY and the Resident Project Representative. A.7A.5 Recommend to COUNTY the acceptance of equipment and/or systems. A.7A.6 Recommend and establish operating procedures for all systems and process. J:ProsCollierWOHS-FT-3785-07 -03 Page 19 of 26 Agenda Item NO.1 OB February 27.2007 Page 24 of 31 A.7.4.7 Review, observe and accept startup procedures to verify that proposed protocol is in conformance with the intent of the Contract Documents. A.7.4.8 Assist COUNTY in data collection and trending during and following startup for process control and completion of monthly operating reports. A.7.S Permitting Services A.7.5.1 CONSULTANT will prepare and submit construction permit applications pertaining to the NCWRF Expansion to 30.6 MGD. The scope of this project includes the following: A. 7 .5.1.1 Florida Department of Environmental Protection (FDEP) Environmental Resource Permit; note that the FDEP Permit to Construct is being addressed by another consultant under a separate work order. A.7.5.1.2 Collier County Development Services Site Development Plan (SDP) Amendment A. 7 .5.1.3 Initial application for South Florida Water Management District (SFWMD) dewatering permits required for construction. It is understood that Contractor will assume responsibility for transferring permit application to its name upon construction contract award. A. 7 .5.1.4 Initial application for Collier County Development Services building permits. It is understood that Contractor will assume responsibility for transferring permit application to its name upon construction contract award. A.7.5.2 CONSULTANT will meet with the jurisdictional agencies noted in Phase A. 7.4.1 to achieve issuance of necessary construction permits. It is assumed that the COUNTY shall pay all County permit fees by interdepartmental transfer; and COUNTY shall pay all other fees through a separate line item on this task order. If additional permits are required, CONSULTANT shall notify COUNTY to establish schedule for additional fees, as necessary. A.7.6 SURVEYING Surveying of the treatment facility area to establish baseline conditions for the Design Report and serve as control of hydraulic points and miscellaneous items during construction. A.7.7 LABORATORY TESTING AND GEOTECHNICAL SERVICES Laboratory testing and geotechnical work associated with the characterization of soils for structural design and laboratory testing of materials during construction. J:ProsCo/lierWOHS-FT-3785-07 -03 Page 20 of 26 Agenda Item NO.1 08 February 27,2007 Page 25 of 31 A.7.8 OPERATIONS SUPPORT CONSULTANT shall provide technical support to COUNTY, continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the design, construction and warranty phase, through all seasons (high season and IQ high demand season). A.7.9 REVIEW/COORDINATION WITH EMSIWWO FACILITY DESIGN The Emergency Management Systems/Wastewater Operations (EMS/WWO) Center is being designed by others under a separate contract. The facility will be located on the NCWRF site south of the MLE Aeration Basins. Under Phases A.1, A.2 and A.3, the CONSULTANT will provide engineering services for civil/site design surrounding the proposed EMS/WWO Facility. Under this Additional Services task, the CONSULTANT will participate in up to 4 workshops with the COUNTY and the EMS/WWO Operations Facility design consultant team to coordinate civil/site design issues and provide input regarding design and functionality of Wastewater Operations components of the combined use facility being designed constructed by others under a separate contract. CONSULTANT will also provide up to 80 hours of effort by senior staff to provide QA/QC reviews of design drawings for the Wastewater Operations component of the combined facility. ASSUMPTIONS 1. CONSULTANT will incorporate all PUED Utilities Standards where applicable. 2. Engineering design will be performance based to ensure full compliance, treatment and IQ production for each compliance train beginning with associated influent piping and ending with IQ delivery. 3. Compliance with County performance measures, including: a. The ability of all flows to be directed manually or automatically b. spill containment areas for all storage tanks (chemical and/or fuel) c. Stormwater management system to be designed with incremental containment areas for SSO's (including manholes) d. New facilities will be designed with odor containment and treatment systems to comply with the County's policy of no off-site odors e. Off-site noise from designed facilities not to exceed County noise ordinance f. Design shall include provisions to prevent off-site spills g. Operational safety is non-negotiable. Design shall be in accordance with federal, state and local safety standards. J:ProsCollierWOHS-FT-3785-07 -03 Page 21 of 26 Agenda Item No. 10B February 27,2007 Page 26 of 31 h. Critical components to be designed in accordance with essential facility design criteria included in the wind-loading section of the Florida Building Code, or to higher wind-loading criteria as described in Section A.OA.11 of this Agreement. i. Electrical power supply and distribution system design shall meet EPA Class 1 Reliability standards consistent with those employed in design of the NCWRF Expansion to 24.1 MGD MMADF project. j. Consulting engineer will be responsible for ensuring the design is fully aligned with operations and maintenance long term sustainability k. Consultant will provide continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the construction phase and after construction, through all seasons (high season, rainy season and IQ high demand season) I. 0 & M's to be completed, approved and delivered before substantial completion m. CEI services to be totally independent of Consultant END OF SCHEDULE A J:ProsCollierWOHS-FT-37 85-07-03 Page 22 of 26 Agenda Item NO.1 08 February 27,2007 Page 27 of 31 SCHEDULE B COMPENSATION SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF The compensation for basic engineering services provided under this work order shall be on a Lump Sum basis in the amount of $2,436,000.00. A cost breakdown by task for engineering services described in this Agreement follows: Description Lump Sum Fee Task 1 - Design Report $ 187,000.00 Task 2 - Preliminary Design $1,130,000.00 Task 3 - Final Design $ 830,000.00 Task 4 - (Not Used) --- Task 5 - Construction Contract Administration $ 289,000.00 Total - Labor and Expenses (Lump Sum) $2,436,000.00 Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor proposed substitution reviews shall be billed separately to COUNTY for contractor reimbursement in accordance with the construction contract documents. NOTE: It is noted that this scope of services assumes services are based upon 8-hour workdays, Monday through Friday, excluding COUNTY holidays. Should longer work hours, or weekend work hours, be requested by the construction contractor and approved by the COUNTY, an equitable adjustment to CONSULTANT's fee will be made which may include overtime rates. Should the construction period extend beyond the contract construction period, appropriate adjustment of services and fee shall be made by amendment to this Work Order. J:ProsCollierWOHS-FT-3785-07-03 Page 23 of 26 Agenda Item NO.1 OB February 27,2007 Page 28 of 31 SCHEDULE B COMPENSATION SCHEDULE B - ATTACHMENT B FEE SCHEDULE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF PROFESSIONAL CREDENTIALS FEE SCHEDULE Principal Chief Engineer Senior Project Manager Senior Design Engineer Senior Engineer Engineer Senior Designer Designer P.E. P.E. P.E. P.E. P.E. $175/hr $160/hr $140/hr $140/hr $120/hr $90/hr $95/hr $85/hr OTHER PROFESSIONAL Surveyor 2 person field crew 3 person field crew Geotechnical P.L.S. $75/hr $85/hr $95/rh $98/hr P.E. SUPPORT Administrative Assistant, Secretary Clerical, other support $62/hr $54/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories not listed here will be negotiated by the COUNTY and CONSUL TANT on a case-by-case basis. J:PrasCal/ierWOHS-FT-3785-07 -03 Page 24 af 26 Agenda Item NO.1 OB February 27,2007 Page 29 of 31 SCHEDULE B COMPENSATION SCHEDULE B - ATTACHMENT C SCHEDULE OF FEES FOR ADDITIONAL SERVICES NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF Time and Materials Description Not-to-Exceed Fee Task 6 - (Not Used) - Task 7 - Additional Services Task A.7.1 - Construction Bid Service $ 55,000.00 Task A.7.2 - Operations Manual Update $ 50,000.00 Task A.7.3 - Process Training $ 50,000.00 Task A.7.4 - Startup Assistance $ 50,000.00 Task A. 7.5 - Permitting $ 50,000.00 Task A.7.6 - Surveying $ 25,000.00 Task A.7.7 - Geotechnical Investigations $ 15,000.00 Task A.7.B - Operations Support $ 100,000.00 Task A.7.9 - Review/Coordination with $ 15,000.00 EMS/WWO Facility Design Total- Labor and Expenses (Not-to-Exceed) $ 410,000.00 END OF SCHEDULE B J: ProsCollierWOH S-FT-3785-07 -03 Page 25 of 26 Aaenda Item NO.1 OB ~ February 27, 2007 Page 30 of 31 SCHEDULE C PROJECT SCHEDULE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF The duration of major work tasks are summarized below: Description Completion Time from Notice-to- ProceedA Task 1 - Design Report 18 weeks Task 2 - Preliminary Design 31 weeks Task 3 - Final Design 54 weeks Task 4 - (Not (Used) N/A Task 5 - Construction Contract Administration 45 months Task 6 - (Not Used) N/A Task 7 - Additional Services Note A: Unless otherwise noted. A detailed project schedule is included as Schedule C, Attachment 1. The detailed schedule was prepared using Microsoft Project and provides durations, sequence, links between interdependent tasks, and identification of the project critical path. Schedule C, Attachment 1 will be updated on a regular basis to show progress and required adjustments as approved by the COUNTY. END OF SCHEDULE C J:ProsCollierWOHS-FT-3785-07 -03 Page 26 of 26 cor--..- 00("1') ^~- 0 '+- "'\10 -N"" E >. ClJ ClJ....Di .....roco -::JQ.. ro.... -0.0 eClJ ClJLL Di <( o Lt') en M t-- o Z .... c.> CII '0' ... Cl. >. .... c.> III U. c: Ou. ;0 Ill<( E2 ~2 c.> ClIO 0:::" Q:;2 1tj<C ~g ~.B c: c: 5 0 u Ul .c: c: t: ~ o >< zw CII E III Z .... c.> CII '0' ... Cl. .; :"':, ~ t " '. ~I :; ~I >- ... I 5 ~ ~I ,~ ~I .. g ..... - - ~ ... (; ..- ... (; "',' ".! (; ~ ... (; N ... (; ..- ... (; ".! (; I;~ ~II= r (; i ., , ::;1 ~ ~I'~' >- .... I' to I~~ I.. .. , - ..... - Ul o () I- Z W > W ..- ... (; ~ ... (; ~ ... (; N ... 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Q .;, C>:l ... M ,.:. U. en :I: 1-- a; "0 o III ... o ... ... U CII '0' I.. Do. "0 e.! '5 cr <I> ~ <: .2 U <C Agenda Item NO.1 OC February 27, 2007 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Davis Boulevard. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000. OBJECTIVE: To adopt a superseding resolution authorizing the condemnation of fee simple interests and/or perpetual or temporary easement interests necessary for the widening from four lanes to six lanes of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal (Project No. 60001). CONSIDERATIONS: This phase of the improvements to Collier Boulevard, from U.S. 41 to the Golden Gate Main Canal, will consist of widening the roadway from 4 lanes to 6 lanes, intersecting street improvements, signalized intersection, utility and canal improvements, lighting, sidewalks and bike lanes. Initial authorization for the purchase of right-of-way for the Collier Boulevard project was given by the Board of County Commissioners on December 13, 2005, under Resolution No. 2005-431. On June 20, 2006, the Board of County Commissioners adopted Resolution No. 2006-156 finding public purpose and necessity and authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of the improvements to Collier Boulevard. Since the adoption of the previous resolution authorizing condemnation and based upon several discussions with the County's design consultant engineer, CH2MHill, Inc., staff decided to attempt to reduce the right-of-way requirements necessitated by this project. The redesigned parcels reduced the right-of-way acquisition on several parcels and the overall right-of-way costs for the project. As a result of the redesign, a total cost savings of approximately $500,000 will be realized on this project. The construction of this important proj ect will commence in two phases. Phase One will be from U.S. 41 to Rattlesnake Hammock Road and all the necessary right-of-way will be acquired by April, 2007. Phase Two will be from Rattlesnake Hammock Road to Davis Boulevard and all the necessary right-of-way will be acquired by December, 2007. All additional lanes will be constructed in the existing median and can be added without acquiring the remaining parcels until December. Staff will identify all acquired and remaining parcels in the contractor bid specifications, but does not anticipate this split phasing to cause any additional financial costs. CH2MHill, Inc. completed their redesign in December of 2006 and provided staff with updated legal descriptions and sketches to support the new plans. In the meantime, appraisals have been completed and project notices have been sent to all property owners along the corridor. Many parcels, where the legal descriptions did not change, have already been purchased. Due to the design changes, two parcels have increased in size, while the size of many other temporary construction and driveway restoration easements have decreased. Other than those area Agenda Item NO.1 DC February 27,2007 Page 2 of 40 changes, the facts, findings and conclusions presented in the attached memorandum dated May 30, 2006, are still valid. The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. FISCAL IMPACT: Staff has acquired several parcels of property by negotiation and settlement. Staff will continue to negotiate settlements in good faith even after condemnation lawsuits have been filed. However, if condemnation proceedings are required in order to meet the schedule for the commencement of construction, the total cost of right-of-way acquisition for the project is estimated to be $5,000,000 (inclusive of the $2.35 million spent to date). This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee fund. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six-lane improvements to Collier Boulevard (Project No. 60001) are an integral part of Collier County's Growth Management Plan. RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachments: (I) Interoffice Memorandum dated May 30, 2006, from Jay Ahmad, P.E. to Norman E. Feder, AICP; (2) Condemnation Resolution with Exhibit A; (3) CH2MHill Technical Memorandum dated February 14,2007 prepared by Bill Gramer, P.E. Item Number: Item Summary: Meeting Date: Aoenda Item No. 10C . February 27.2007 Page 3 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C RecommenaatlOn to adoot a superseding resolution authorizing the condemnation of fee simple Interests and/or those perpetuai or temporary easement Inler.ests necessary for the constru:t1on of roadway. drainage and utility Improvements required for the six -lane expansion of Collier Boulevard from U.S 41 to the Golden Gate Main Canal (Capital Improvemenl Element No 86 Prolect No 60001 J Estimated fiscal Impact $5 000,000 00 (('>Jorman Feder, AdmInistrator, Transportation Services) 2/27120079.0000 AM Date Prepared By Lorraine Lantz Transportation Services Right Of Way Coordinator TECM-ROW 2/12/200712:33:15 PM Date Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TECM.ROW 2/12/20074:56 PM Date Approved By Tad Pluc Transportation Services Engineer Transportation Engineering and Construction 2/13120077:52 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 2/1412007 8:57 AM Date Approved By Lisa Taylor Transportation Services Management/Budget Analyst Transportation Administration 2114120071:25 PM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 2114120073:20 PM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2/14/20075:43 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 21151200710:09AM Date Approved By OM B Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15/20073:14 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/16/20074:27 PM Date Approved By James V. Mudd Board of County CommiSSIoners County Manager County Manager's Office 2/20/2007 10: 34 AM Agenda Item NO.1 OC February 27, 2007 Page 4 of 40 Co1tV:r Cou.nty - ~~ - TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Norman Feder, Transportation Administrator DATE: 5/30/06 FROM: Jay Ahmad, Director, TECM SUBJECT: Condemnation Resolution for Collier Boulevard from US 41 to the Golden Gate Main Canal Project No. 60001 On June 20, 2006, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to implement Capacity Improvements to Collier Boulevard from US 41 to the Golden Gate Main Canal. This project includes converting existing 4-1ane divided roadway to 6-lane divided arterial roadway from US 41 to Davis Boulevard and widening to an 8-lane arterial roadway from Davis Boulevard to the Golden Gate Main Canal. Bike lanes, sidewalk and pathway will be added throughout the project's length. Drainage and intersection improvements will be implemented. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided, and/or presentations made, to the Board. The county attorney's office has advised that the following criteria shall be considered, when adopting the condemnation resolution: I. Alternate Routes The need for additional north-south arterial capacity within Collier County for travel demands east of Airport-Pulling Road has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Livingston Road from Pine Ridge to Immokalee Road has been opened to 6-lanes of traffic in the past year. Future design plans will complete the widening of Collier Agenda Item NO.1 OC February 27,2007 Page 5 of 40 Boulevard from US 41 to Immokalee to 6-1ane roadway. Santa Barbara Boulevard will be improved to a 6-1ane roadway from Davis Boulevard to Painted Leaf Lane and will be extended from Davis Boulevard to Rattlesnake Hammock Road. To meet current and future capacity needs, the only viable alternative is to widen and improve Collier Boulevard at this time. 2. Safety Factors The design of the Collier Boulevard improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and related design manuals; the American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There were no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. 3. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (originally adopted in 1996 and updated in 1999) and the 2025 LRTP (adopted in 2001), the need for upgrading Collier Boulevard has been identified. The project improvements are consistent with current and future travel demand needs and the availability of financial resources. 4. Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Collier Boulevard from US 41 to Main Golden Gate Canal will have minimal environmental impacts. The project has been coordinated with both the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered Species Survey was conducted with negative findings. The project has also been coordinated with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey was conducted, and wetland areas Agenda Item NO.1 OC February 27,2007 Page 6 of 40 along the corridor were flagged. Impacts to these wetlands will be minimal and will be mitigated, as needed, through "mitigation banking". Evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds and developing the surface water management system. As a result, this project will use a combination of ex filtration system in the median and storm water ditch system. 5. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project includes a typical six-lane section with sidewalk on the east side, pathway on west site of the canal and bike lanes on both sides. The corridor is bounded on the east and west sides by residential developments, residential homes, golf courses, together with commercial properties and undeveloped lots. The road alignment will minimize the taking of additional right of way, and to provide for safe and efficient pedestrian and traffic flow. Construction on this two-year project is planned to commence in the 1 st Quarter of fiscal year 2007. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. Agenda Item NO.1 DC February 27,2007 Page 7 of 40 TECHNICAL MEMORANDUM CH2MHILL Collier Boulevard II - Widening Project (US 41 to Davis Boulevard) Right-Of-Way Evaluation-Justification Memo PREPARED FOR: Tad Pluc/Collier County Bill Gramer, P.E. Kevin Hendricks/Collier County File February 14, 2007 PREPARED BY: COPIES: DATE: Proiect need: Collier Boulevard, from US 41 to Davis Boulevard (7.50 -miles), has been identified as one of the most severely constrained north-south corridors in Collier County. Collier Boulevard is currently a 4-1ane urban roadway which serves as an arterial collector for residents and commercial travelers. The intersections of Collier Boulevard/Davis Boulevard, Collier Boulevard/Rattlesnake Hammock Road and Colleir Boulevard/US 41 have been documented as some of the busiest in Collier County and have high accident rates. In addition, Collier Boulevard traffic data show that Collier Boulevard also serves as a "haul" route for heavy trucking activities (e.g. agriculture, construction, dump truck hauling, etc.). The combination of existing residential development, local business and commercial use makes this 7.50 mile stretch of 4-1ane corridor a heavily congested roadway. The existing traffic counts indicate the facility already exceeds acceptable levels of service for the existing (pre-developed) roadway. This roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and many other public meetings. The Long Range Transportation Plan (LRTP) for Collier County has evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Traffic projections provided by the Collier County Traffic Operations Department for the 2025 traffic demand model show the existing roadway does not have sufficient capacity. The project improvements are consistent with current and near future travel demand needs. The Board of Collier County approved the six-Ianing of the Collier Boulevard project over its full length in 2002. Collier County's Traffic Planning Department has selected Collier Boulevard to be expanded to a 6-lane urban facility to relieve congestion and improve the overall safety of the corridor. The Collier Boulevard corridor has been almost completely developed. The corridor is bounded on the west side by residential communities, housing sub-divisions, strip malls, AVOIDANCE_ TMEMO_COLLlERI_ 04-25-06BG.DOC 164332 Agenda Item NO.1 OC February 27,2007 PROP R of 40 small business, golf courses, 2 schools and commercial properties. Very few vacant parcels exist along the west side of the corridor. The corridor is bounded in the east by the Henderson Canal, beyond which are residential communities, housing sub-divisions, a golf course, a church, a quarry and landscape nursery's. Collier Boulevard also functions as a collector-distributor facility to other east-west collector roads, such as: 1-75, Davis Boulevard, Rattlesnake Hammock Road, Sabal POalm Road, Grand Lely Drive, Lely Cultural Drive and US 41. As Naples continues to grow and develop new areas, additional traffic will continue to impact the collectors and arterial corridors. The Collier Boulevard Widening Project will relieve congestion, improve safety, and ultimately help balance the traffic nodal system planned by Collier County's Transportation Master Plan. Project Historv Collier Boulevard from US 41 to Davis Boulevard is bound to the west by existing development and to the east by the Henderson Canal. The Collier County Transportation Deparbnent and Real Property Division previously identified the need for Collier Boulevard to be widened as part of its long range goals and provided a "footprint" for the ultimate widening of Collier Boulevard many years ago when the 4-Lane Wideing Plans were developed by Johnson Engineering in 1990 (US 41 to Rattlesnake Hammock Road) and in 1995 (Rattlesnake Hammock Road to Davis Boulevard). The roadway stormwater treabnent was handled by means of an exfiltration system within the 44 foot median from Davis Boulevard south for 6.50 miles. This 44 Foot median was designed to accommodate the widening of Collier Boulevard from 4-1anes to 6-1anes within the median. The median however did not anticipate the need for dual left turn lanes from Collier Boulevard to certain intersecting cross streets. Nor did the exfiltration system extend the last mile of the project to US 41. Drainage treabnent and attenuation was provided in that I-mile section by means of a lateral ditch which ran adjacent to the east side of the corridor. This ditch drained into the Henderson Canal. It was determined early in the analysis that additional ROW would be needed at the major intersections and along the lateral ditch at the south end of the project to increase intersection capacity and provide sufficient treabnent for the new pavement at the south end of the project. Alternative Alignment Analvsis The objective of the alternative analysis process was to identify technically and environmentally sound alignment alternatives that are cost effective and acceptable to the community and Collier County. The process involved the use of aerial photography, survey, previous permitting and site development history, and transportation and traffic planning analysis to evaluate project alternatives. The alternative alignment analysis revealed 3 possible alternatives: 1. "No-Build" COLLIER II ROW_TECHNICALMEMO_21407WJG.DOC Agenda Item NO.1 OC February 27,2007 P80'" q of 40 2. Widen/Improve alternative corridors 3. Expand Collier Boulevard to a 6-1ane facility. Each of these 3 alternatives is summarized in the following section. "No Build" The "No-Build" alternative would rely on other transportation improvements nearby or system-wide to handle traffic flow that otherwise would utilize Collier Boulevard. The result of steadily increasing traffic being distributed to other corridors would only add congestion to those routes, leading to longer travel times. The additional congestion would lower travel speeds, lengthen vehicle queues, impair traffic flow, increase volume, and raise the risk and probability of vehicle accidents. Each of these impacts does not meet the long range transportation goals of Collier County and would not be a benefit to the traveling public. In fact, the widening of many of these roads is also included in the Long Range Transportation Plan and will be required in the future to handle growing traffic demands. As a result of this analysis, the "No-Build" alternative was not considered feasible for this project. Widen Alternative Corridors The Collier Boulevard corridor is one of only seven major north-south corridors in Collier County, and is the primary north-south corridor east of 1-75 and Logan Boulevard. The need for additional north-south arterial capacity within Collier County for travel demands east of 1-75 has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist to widening existing roadway facilities. The widening of many alternative north-south corridors has taken place in the past 5-10 years. To the west Goodlette Prank Road (7 miles west) is currently being widened to 6 lanes, Airport Pulling Road (5 miles west) has been widened to 6-lanes, Livingston Road (a new corridor - 4 miles west) was constructed to 6-1anes, 1-75 (3 miles west) is currently in the planning stages to be widened to 6-lanes and portions of Logan Boulevard (2 miles west) is being designed and constructed to improve capacity. To the east there are future plans to widen Wilson Boulevard, Everglades Boulevard and Desoto Boulevard. The improvements to east-west roadways intersecting Collier Boulevard, such as Davis Boulevard (currently under design), Rattlesnake Hammock Road (currently under construction, Sabal Palm (currently in developer planning), Grand Lely Drive, Lely Cultural and US 41 as well as the additional development activity along the corridor will place additional capacity demands on Collier Boulevard. To meet current and future capacity needs, the only viable alternative is to widen Collier Boulevard to six lanes at this time. Widen Collier Boulevard The alternative to widen Collier Boulevard was selected as the preferred alternative by Collier County's Transportation Planning Department. Collier Boulevard serves as the only north-south route for residences living in adjacent communities and commercial development and extremely high volumes of traffic commuting east-west add to the local COLLIER _II_ROW _ TECHNICALMEMO_21407WJG.DOC Agenda Item No. 10C February 27,2007 P<'lgP 1 () of 40 traffic. Collier Boulevard cannot sustain the high volume of traffic that exists in the current 4-1ane configuration. The projected traffic levels on Collier Boulevard (2010,2015,2025 and 2030) show a warrant to improve the corridor to a 6-1ane facility. The 6-lane widening will relieve the congestion on Collier Boulevard as well as adjacent facilities. The additional lanes will help reduce the risk of auto accidents and personal injury to the citizens of Collier County due to congestion and access management issues. The widerung of Collier Boulevard will also achieve the goals of Collier County's Transportation Planning Department and Traffic Operations Department to interconnect signal timing, improve operations, and provide pedestrian facilities (including sidewalks, pathways and bicycle facilities) as well as adding handicap accessibility features. The proposed project will ultimately afford the citizens of Collier County alternative corridor selections for commuting. Much of the right-of-way for the corridor was already owned by Collier County since the majority of the improvement will take place in the existing median. Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Collier Boulevard from US 41 to Davis Boulevard will result in less environmental impacts than a new corridor. Where the existing right-of-way was insufficient to accommodate the proposed intersection improvements, there was little choice but to either relocate portions of the existing canal along the east side of the road, or to acquire additional right-of-way along the west side of the existing right-of-way corridor. Factors against relocating portions of the existing canal included the length of time to obtain permits from the South Florida Water Managemment District, the cost of moving the canal itself, as well as the creation of less-than-desirable traffic "weave" around the left turn lanes through most of the corridor. The proposed project has been coordinated with the South Florida Water Management District. A Threatened and Endangered Species Survey was conducted and findings were negative. A wetland survey was conducted and wetland areas along the corridor were flagged. Refinements to the proposed ditch widening at the south end of the project resulted in no wetland impacts. The proposed roadway widening project did not result in any wetland impacts. The surface water drainage issues along this project have been coordinated with the South Florida Water Management District. The Environmental Resource Permit (ERP) for this project has been obtained from the SFWMD. The project will result in a net benefit to the existing surface water quality. Conclusion The 6-lane roadway corridor widening and adjacent development was previously well planned by Collier County, so widening the existing facility resulted in minimal need for additional ROW acquisition. There were no viable cost effective alternatives available which would result in the need for ~~ DnlAT ~~..~~'-'__ ~LV .L'\.\"J\I\' Cly"U;:'ll.1U.lL. COLLIER II ROW_ TECHNICALMEMO_21407WJGDOC Agenda Item NO.1 DC February 27, 2007 PRD'" 11 of 40 COLLIER II ROW_TECHNICALMEMO_21407WJG.DOC Aaenda Item NO.1 OC ~ February 27,2007 Page 12 of 40 RESOLUTION NO. 2007- A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE SIX LANING AND ASSOCIATED IMPROVEMENTS TO COLLIER BOULEVARD FROM U.S. 41 TO THE GOLDEN GATE MAIN CANAL. (CAPITAL IMPROVEMENT ELEMENT NO. 86, PROJECT NO. 60001). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004-71 therein establishing the Capita] Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2004-71; and WHEREAS, the six-lane section of Collier Boulevard from U.S. 41 to Golden Gate Main Canal (Project No. 60001) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, on June 20, 2006, the Board adopted Resolution No. 2006-156 authorizing the condemnation of property for the construction of the Collier Boulevard Project; and WHEREAS, severa] refinements in the project design have been made since Resolution No. 2006-156 was approved; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Coiiier County. Agenda Item NO.1 OC February 27,2007 Page 13 of 40 AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project. and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "An to wit: fee simple title interests and/or those perpetual easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this _ day of , 2007, after motion, second and majority vote supersedes and replaces Resolution No. 2006-156. A TrEST: DWIGIIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETI A, CHAIRMAN Approved as to fonn and legal sufficiency: tJ.~ t .0- fIeidi F. Ashton Assistant County Attorney -Page 2- PllO.IEX:'r IlOI IHEET N6015-S0U-00I 1011 OIF X Parcel 109 I (I LOT 10 o -JZ ! ~cc I I 1\ ~ i ( t5~~ j",1 :::!ot.O >0..... ZenVl o f- t5 LOT 1 1 \OJ< 8CLCL Lt) 0'1 I cc 8:: ........ .cc ~ ....Ill") [[)C'\j cc w ::; -J o U PARCEL 109 I 25' 7' S.E. II O.R. Book 2124 Page 160 I 1 FEE ~IMPLE INTeREST 1 1 LOT 12 LELY CULTURAL PARKWAY 120' R/W LELY RESORT PHASE TWO - PLAT S-OOK 18, - - P'A'G~ 40-40 - N ~ I Q 25 ~ 100 GRAPHIC SCALE >00 LINE U7 U8 E., BEARING S88'08'Jl"W N8S"01'48"E Agenda Item o. 10C February 2 , 2007 Page 4 of 40 Legal Description The East 25.00 leet at Lot 12, Edison Village, os recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described os tallows. Beginning at the southeast corner of said Lot 12, said point also being the intersection of the northerly right-aI-way line of Lely Cultural Parkway and the westerly right-of-way line of Collier Boulevard; thence South 88'OS' 3'" West. olong said northerly right-at-way J'ine, a distonce at 25.03 leet; thence leaving soid line North 00'50'44" East. 0 distance 01 204.05 leet, to the northerly line of said Lot 12; thence North 88'01 '4S" Eost, along said northerly line, 0 distance of 25.03 leet to 0 point on the westerly right-of-way line of Collier Baulevord; thence South 00'50'44" West along soid westerly right 01 way line, 0 distance of 204.10 feet to the POINT OF BEGINNING. Containing 5,102 square leet. more or less. EXHIBIT f1 Page-L of..Ja NOTES: 1. This is not a survey. 2. Bosis of beoring is the West line of County Rood 951 (CR. 951) being N 00'50'44" E, F"lorida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feel and decimals thereof. 6. Certificate of authorization L8 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. SE represents Sidewalk Easement. 16. P.UL represents Public Utility Easement. J1idi~f (,. J. H 'ArT, P: .M: O. 5834' v , . .' NOT VALl WITHOUT,TH( SIGNATURE' AND TH~ ORIGINAL RAIS~D SEAb OF. A.. FLORIDA LlC~NS~D SURVEYOR AND MAPP~R 'C I .., . This is NOT 8 Survey. Wi/.,Miller -.-==--- f'WtWf.~.~.""""',~~,~~ _.I>c. ....,.,............RnIIIfll:lf-B7...... ......,.,.,., ~...................- DlWlIIIG IlllEX IlOI IC-41 IEYr Mar 15, 2006 - 09:17:59 TOSBORNEIX:\SUR\conl~H bl...d\CH2I.AHiIJ\ 1C-41\lElY CULTURAL PARKWAV-LONECREEK DRIVE.dwg lLJ ,....;" 5 ''', ...J~U:> 50,.... o ZOO<n Ol-~ ~:5< 8n.n. LOT 10 25' Be I I I I I L.B.E. --i D.E. : 1 I I I I I I I 1 I 1 f-i 1 1 L4P 1 Parcel 709 I ~i ..-.. ~ lI) 0'> I a:: Us: '-'........ cia:: >. .....JlI) 1IlN a:: w ::::. ..J o U ~ ..J~ I ~a:: I I 1) ~ i ( LOT 11 25' L.B.E. & D.E. LOT 12 :., o .,: o N W .... ... o \I) o o z I I I ",I C!I "'1 ~I t: ~I ... . 10 .../ \I) :"'1 0 ~I 0 of Z o[ <nl I I 7' S.E. f OR. Book 2124 Page 160 I 1 Legal Description The West 8.00 feet of the Easterly 33.00 feet of lot 12, Edison Village, os recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida. being more particularly described os follows. Commencing at the southeast corner of said Lot 12, said point also being the intersection of the northerly right-of-way line of Lely Cultural Parkway and the westerly right-of"':woy line of Collier Boulevard; thence South 88'08'31" West, along said northerly right of way line, 0 distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88'08'31" West, along said line. a distance of 8.01 feet; thence leaving said line North 00'50'44" East, 0 distance of 204.04 feet to the northerly line of said Lot 12; thence North 88'01'48" East, along said northerly line, 0 distance of 8.01 feet; thence leaving said line South 00'50'44" West, 0 distance of 204.05 feet to the POINT OF BEGINNING. Containing 1,632 square feet, more or less. EXHIBIT A' ~ I) of2.t NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of COl.mty Rood 951 (C.R. 951) being N 00'50'44" E, Florido Stote Plane Coordinotes NAO B3/90, East Zone. 3. Subject to easements, reservotians ond restrictions of record. 4. Eosemenls shown hereon are per pial. unless otherwise noted. 5. Dimensions ore in feet and decimols thereof. 6. Certificate of authorization L8 43. 7. R/W represents Right-of-Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. OR. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. r.P.L.E. represents Florida Power &c Lighl Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents. Sidewalk Easemenl. 16. P.UE. represents Public Utility Easement. ~J? ).' PARCEL - - - -709-- POC 25.03' S88"08'31"W POB CULTURAL PARKWAY 120' R!W '.- o 25 LELY RESORT PHASE TWO - PlAT BOOK 18, - - PAGES' ~5"-40 - N :m 100 GRAPHIC SCALE I I TEMpORARY : CONSTRUC~ION EASEMENT.. DURATION I '!J YE~RS. i I I I 200 LINE U9 l40 .,,' ~J. ':' ,,' . p, :M.>eF',9Rjl:ft F;iJ?M) rLA. LlC. N . 5834 '. f . . ;, NOT VALID WITHOUT'THE: SIGNATURE AND THE ORIGINAL RAISED SEAL' 'Or' A I "tORIOA LlCENSE:D SUR.VEYOR AND MAPPER This is NOT a Survey. Wll$Mlller _-::=-==-.. ........,.~...........,...,.....~""...~~ _.h:. 110...,...... .....Anil:NIIHIP.,.... ........,..,.",............................. __ IIGX Illll IC-41 M.Yl E.. I'RDoIICf Illll .... H6015-S0U-00I 709 OT X Mac 09. 2006 - 10:22:01 TOSBORNElx:\SUR\call;o. bivd\CH2MH;II\ 1 C-41\LEL Y CULTURAL PARKWAY-LONECREEK ORIVE.dwg I 7' S.E. I O.R. Book 21241 Page 160 I I FEE SIrt1PLE INTER~ST LOT 10 I (I PARCEL 25 110 W r--)" c.:>........ :3:.:1 50:e o z(Il(f1 ol-t; !!!:3<( 8o..Q" LOT 11 25' L.B.E. & D.E. POB I I I I I I ___________J LOT 12 LELY CULTURAL PARKWAY 120' R/W l..ELY RESORT PHASE TWO PU>.T BOOK 18, _ 2'9E~ !5~ --------- Lt') (]) I 0::: 2;:: "- ciO::: >. -'Lt') CDN 0::: W ::J -' o u ~ N ~ I I LINE 25 50 '00 200 L41 GRAPHIC SCALE L42 CH2MHrLL 3/06 SKETCH'" DESCRIPTION OF PARCEL 110 A PORTION OF Parcel 110 (j -,Z I <to::: :z <t . UO I ;:: ( BEARING S88"01'48"W N88"0 l' 48" E QlIl fI.E: IC-41 I'RlIoIECr IIlll IHEEl' N6015-S0U-00l 110 OIF X E., Agenda Item o. 10C February 2 , 2007 Page 6 of 40 Legal Description The East 25.00 feet of Lot 11, Edisan Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the sOutheost corner of said Lot 1 1, said point also lying on the westerly right-of-way line of Collier Boulevard; thence South 88'01'48" Wesl along the southerly line of said Lot 1 1, 0 distance of 25.03 feet; thence leoving soid line North 00'50'44" Eost, 0 distance of 226.01 feet to the northerly line of said Lot 11; thence North 88'01 '48" East. along said northerly line. q distance of 25.03 feet to the northeast corner of said Lot 11 and a point an said westerly right-of-way line; thence South 00'50'44" West along the westerly right of way line of soid Collier Boulevard, 0 distance of 226.01 feet to the POINT OF BEGINNING. Contoining 5,650 squore feet, mare or less. EXHIBIT ,)) ~3 01....21. NOTES: ,. This is no! a survey. 2. Basis of bearing is the West line of Caunty Road 951 (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. J. Subject to easements. reservations and restrictions of record. 4, Easements shawn hereOn ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6, Certificate of outhorizatian LB 43. 7. R/W represents Right-of-Way. 8. P,O.8. represents Point of 8eginning. 9. P.O.C. represents Point of Commencemen 10. OR. represents Official Records. 1,. LBE represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. FPLE represents Florida Power & Light Eosement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Eosement. 16. P. V.E. represents Public Utility E.asement. -; ,'J I J' ,. ... DAVID J. HYATT, .S.Mi ( TI;iE FiRM) FLA. LlC. NO. 5 34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL Q'F'II. FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi,.Mlller -~==-.. MwNI'lI.~.""","""""',"""""~,~~ _,tic. _....,..................."...... .......... /let .......,....... --....._ Mer 13. 2006 - 14: 19:29 TOSBORNEIX:\SUR\ collier blvd\ CH2MHill\ 1C-4 1\LEL Y CULTURAL PARKWAY-LONECREEK DRIVE.dwg _ IIIllElC NCIl lC-41 IIlVl Parcel 710 I I I I I I I I I LOT 10 I I I I I L41 1 I 25' L.B.E. PARCEL I &: D.E. r 710 =-1 0 ql cO ~I w wr-ir--. N , N NI ... 5"'1 ;:1 ... w ~ -'~1O LOT 11 , , I 50,,- ... "I b 0 ... ", 1:> 0 Z(IlU1 ~I Z o w 11) ~5~ b bl 0 01 8 a.. a.. Z U11 8' L4~ I I I 1 I I t-i I 1 I I , I I I I I I ' I I I I ____________J : I LOT 12 I 25.0.3 I S88'01'48"W I 7' S.E. O.R. Book 2124, Poge 160 , I (I t{) m I Q: 2~ '- act: > . -'t{) roN Q: w :::J -' o u l-J (j -'~ I <(ct: :z <( . uO I ~ ( ....... LELY CULTURAL PARKWAY 120' R/W LEL Y RESORT PHASE TWO PLAT BOOK 18. ~~~~ ----------- N ~ I o 25 so IOD GRAPHIC SCALE TEMPORARY CONSTRUCTION EASEMENT DURATION ~ YEARS. I 200 LINE L4.3 L44 BEARING 588'01 '48"W N88'0' '48"E Agenoa Item o. 10C February 2 , 2007 Page 1 of 40 Legal Description The westerly 8.00 feet of the easterly .3.3.00 feet of Lol 11. Edison Villoge. os recorded in Plot Book 4.3, pages 75 through 77 of the Public Records of Collier County. F'lorido, being more particularly described os follows. Commencing at the southeost corner of said Lot 1 1, said point also lying on the westerly right-of-way line of Collier Boulevard; thence South 88"01 '48" West, along the southerly line of soid Lot 11. a distance of 25.0.3 feet to the POINT OF BEGINNING; thence continue South 88'01'48. West, olong soid line. 0 distonce of 8.01 feet; thence leoving said line North 00'50'44" East, 0 distonce of 226.0' feet to the northerly line of soid Lot 11: thence North 88"01 '48" Eost, olong soid northerly line, 0 distonce of B.01 feet: thence leoving said line South 00'50'44" West, 0 distance of 226.01 feet to the POINT OF' BEGINNING. Containing 1,808 square feet, more or less. EXHIBIT A Page....ti:... of ,~11 - NOTES: ,. This is not 0 survey. 2. Bosis of beoring is fhe West line of County Rood 951 (CR. 951) being N 00'50'44" E. Florida State Plane Coordinates NAD 8J/90, East ZOM. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. p.o.e. represents Point of Beginning, 9. P.O.C. represents Point of Cammencemen TO. O.R. represents Official Records.' 1 1. L.BE represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power de Light Easement. 14. DE represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. -~' l.~ J.dd; 'Il E., DAVID J. H 'ATT, .S.M. (FOR TI;lt FIRM) FLA. LIC. O. 58.34 ,e i. NOT VALID WITHOUT THE SIGNA TURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WI/../lle, _~~-r-:.._ ........-.-...........--.-- _.m. IIQI....,......... .................,.,..,. .........,.,.. .............. -........- IllYI M:),IICf lQ IHEEf N6015-SQU-00l 710 OF X .... IIIEll NOll IC-41 ~or 13, 2006 - 14: 17:49 TOSBORNElx:\SUR\collier blvd\CH2~HlI1\ 1 C-4 '\LELY CULTURAL PARKWAY-lON(CREEK ORIVE.dwg (/'). ~ """> 0"1- Cl I <t~_ WO_ ::;0 CD(/') Q?>-~ 0:::5< ~o..a.. i I I I I I I I I I I ----------~- LONE CREEK DRIVE 50' -R/W ----TRAcT-H--- LOT 10 wri,.... (.)........ :5~1 :::!otD 15' >0.... ZCD(/) 25' o~~ !C):5< & 8 a.. a.. PARCEL 111 LOT 11 LOT 12 N '.- o 2~ ~ TOO GRAPHIC SCALE Revised bearing direction Parcel 1 11 POB I I FEE SIMPLE 'NTER'ST 7' S.E. I O.R. Book 2124, Po ge 1 60 I ~ ~ I c") en I cr u:: """, cicr >. ....JU") CIlN cr W :J ..J o U I lJ I :: -I' <(cr Z <(. UO o BEARING S88'01'48"W NOO'50'44"E S89'09'16"E N88'01'48" E Agenaa Item o. 10C February 2 , 2007 Page 8 of 40 Legal Description A portion of Lot 10, Edison Village, os recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the nOrtheast corner of said Lot 10 said point also being the westerly right-of-way line of Collier Boulevard; thence South 00'50'44" West along the westerly right of way of Collier Boulevard, a distance of 225.31 feet to the southeast carner of said Lot 10: thence South 88'01 '48" West along the south line of said Lot 10, a distance of 25.03 feet; thence leaving said south line North 00'50'44" East, a distance of 32.02 feet; thence South 89'09' 16" East, a distance of 10.00 feet: thence North 00"50'44" East, a distance of 193.78 feet to the northerly line of said Lot 10: thence North 88'01 '48" East along said northerly line, a distance of 15.02 feet to the POINT OF BEGINNING. Containing 3,698 square feet, more or less. EXHIBIT A ~ ..~ of.Jl::L NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Eosements shown hereon are per plat, unless otherwise noted. 5. Dimensions Ore in feet and decimals thereof. 6. Cerlificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. OR. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.LL represents Florida Power &, Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.UL represents Public Utility Easement. ,~,...(, ;! ;~ } I 200 LINE L45 L46 ~47 L48 LINE TABLE LENGTH 25.03 32.02 10.00 15.02 ..1,.... . 1 '~ :,';' ,c.. ," .....1 DAVID J. HY. T, .M' (FOf!JI;IE fIRM) FLA LlC. N . 5834' .. . . , . NOT VALID WITHOUT TRE- SIGNATURE AND THE ORIGINAL RAISED SEAL OF:";.i! 'FLORIDA LICENSED SURVEYOR AND MAPPER .. This is NOT a Survey. WlI.Mlller _"::,r.;::=-_ 1'InIIn.~.~."""', LMMIpIAfcMIc*. ~~ _tic. ..,....,.....SIIl . __,..... MEIHIl1."" ........, . ,. ,..,.,.... ...... ........_ llMIIIO INDEX lID: IC-41 PRO.lEC1' lID: IIUl' N6015-S0U-OOI III aT X llElIl 0.3/06 111 Feb 21. 2006 - 14:21 :49 TOSBORNEIX:\SUR\ colher blvd\CH2MHill\SK & D\LEL Y CUL TURA" PARKWAY-LONECREEK DRIVE.dwg III . ~o>n 0"1- :l::'::.'.. WO_ ~O CDlIl ~>-t5 ~~a: III t5~f::: :s I -''''<0 >8.... ZCDVl o....t5 !!l:s< 8 a.. a.. , I I I I I I I I I I I I I I , I __________..1- LONE CREEK DRIVE 50' -R/W TRACT-H--- LOT 10 Parcel 711A I I (! ) r 'I (i S;: ...J'-. I '-. I <( Cl:: I g~ II ~ 8 I CON - I ~ ~ :_~ k Ib I~ o Z 25' POC 25.03 588"01 '48"W POB 7' S.E. O.R. Book 2124! Page 1 60 I TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. I 200 LINE L49 LSO L51 LS2 LINE TABLE LENGTH 8.01 32.42 8.00 32.03 PARCEL 711A 8' L4, I I , I LOT 11 I I ~ 25' L.8.E.-i : & D.E. I I I , I I I I I I I I I I I I I I I I , I I I I I LOT 12 I I I I I I I I I + N I 50 100 GRAPHIC SCALE IJ- o 25 CIlD l'UI IC-41 BEARING 588"01 '48"W NOO'SO'44"E 589'09' 1 6" E SOO'SO'44"W E., del o. 1 DC February 2 , 2007 Page 1 of 40 Legal Description A portion of Lot 10, Edison Village, os recorded in Plot Book 43, poges 76 through 77 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the Southeast corner of said Lot 10 said point also lying on the westerly right-at-way line of Collier Boulevard; thence South 88"01'48" West, along the southerly line at said Lot 10, 0 distance of 25.03 feet to the POINT OF BEGINNING: thence continue South 88'01'48" West, along said line, 0 distance of 8.01 feet; thence leaving said line North 00'50'44" East. 0 distance of 32.42 feet: thence South 89'09'16" East. 0 distance of 8.00 feet; thence South 00'50'44" West, 0 distance of 32.03 feet to the POINT OF BEGINNING. Containing 258 square feet, more or less. EXHIBIT A PageJL 01..21 NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E. Florida State Plane Coordinates NAD 83/90, East Zane. 3. Subject to easements, reservations and restrictions of record. 4. Easements shawn hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificote of authorization LB 43. 7. R/W represents Right-of-Way. 8, P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen /0. OR. represents Officiol Records. 1,. L.8E represents Landscape Buffer Eosement. 12. U.F:.. represents Utility F:.asement. 13. F.P.L.F:.. represents Florida Power &- Light F:. asement. 14. DE represents Drainage Easement. 15. S.F:.. represents Sidewalk F:.asement. 76. P.U.F:.. represents Public Utility Easement. iiJi},. 'M:, (FOR' ;THE FIRM) FLA. LlC. N . 583 .'." . " ~;' NOT VALID WITHOUT THF:. SIGNA TURF:. AND THF:. ORIGINAL RAISED SEAL OF Ai FLORIDA LlCF:.NSF:.D SURVF:.YOR AND MAPPF:.R This is NOT a Survey. Wi_Millet _~t.#J:... ,..,.....ap.n.~.....,.,....~......~~ _,he, _....,...... Mm. ....,.....~...... ........,..". ............... _____ Mar 13. 2006 - 13:58:58 TOSBORNr/X:\SUR\callier blvd\CH2MHill\ lC-41\lrLY CULTURAL PARKWAY-LONrCRrEK DRIVE.dwg ..... INIl!X IlllI IC-41 IlI.YI l'lIlloll!m' IlllI ItlEEI' N6015-S0U-OOI 711A t:IIf X I I I I I I J I I I I I I , I I __________-1_ Vl. ~0lP') OP')- ~'-'=.!. WO_ ::<0 CXll/l ~l-t5 Q::S< ~a..a.. LONE CR~EK DRIVE 50' R/W ---TRACTH L54 - - - - -25'-cEt:E: & D.E. Ol P') P') Ol w,..-)/'.. ~..~ ...1'-'=<0 50.... o ZCXl(/) o~~ \!l:s< 8c..c.. LOT 10 w '.. ... o U1 b o z LOT 11 25' & LOT 12 N Parcel 711 B ~OB ~ -, ~ U1 bI go I I I TE~PORARY ! CONSTRUCTION EAS~MENT DURA TIO~,3 YEARS. I I I 15' w '.. .. o U1 b o z 7' S.L I O.R. Book 2124, '? ~ j (J) I 0::: U:;; ........"- ciO:: > -1lfl CI:lC'\j 0::: W :J -1 o U I , r1 I BEARING N89'09" 1 6" W N88"0 l' 48" E Agenda Item , 10C February 2 ,2007 Page 2 of 40 Legol Description A portion of Lot 10. Edison Village.' os recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida. being more particularly described os follows. Commencing at the northeast corner of said Lot 10 said point also lying on the westerly right-of-way line of Collier Boulevard; thence South 88'01'48" West along the north line of said Lot 1 D. 0 distance of 15.02 feet to the POINT OF BEGINNING; thence leoving said line South 00'50'44" West, 0 distance of 193.78 feet: thence North 89'09'16" West, 0 distance of 8.00 feet; thence North 00'50'44" Eost, o distance of 193.39 feet to the northerly line of soid Lot 10; thence North 88'01'48" East along said northerly line. 0 distance of 8.01 feet to the POINT OF BEGINNING. Containing 1.548 square feet, more or less. EXHI~IT A Page-LU NOTES: t. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" E, PIorida State Plane Coordinates NAD 83/90, East Zotle. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet ond decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 7 t. LBE represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.LE represents PIorido Power &: Light Easement. 14. D.E. represents Drainage Easement. 15. SE represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HY.. FLA LlC. N.. 5834 . . '.. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF; A ELORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi.Mlller -~~.=-. ............................,.,.........~. ~~~ _.he. D>>....,._...."...,,...,.........,.,,..~..I'&r ...,."........... ............- PRa.Ef IlOI SHEEI' N6015-S0U-OOl 711B (If X _ lIGll IlOI lC-41 IlE.Vl Mar 1.3, 2006 - 13:49:42 TOS80RNEIX:\SUR\co1lier blvd\CH2MHill\ lC-41\LELY CULTURAL PARKWAY-LONECRtEK ORIVE.dwg ,-J I 200 direction :;; -1"- <to::: Z <t- UO o I ~ I LINE l53 L54 03/06 E., 4 N Parcel 716 I I : TEMPORARY I o STRUCTION EASEMENT D RATION 3 YEAR~T 5 I I I l \ " ro' p.u.E. L77 SEQUOIA DRIVE TRACT NSi4S'19"E 272.3S' o 0:: ~ -' :::> o CD (f) :s: 0' o l5 ::::E <t 0:: 0:: w Vi L78 w . . ... ~o 01/1 Nb a ______ 1 PARCEL 716 I~- ~~, i P.U.E. I I I I I I I I I I I I SSi48'19"W (/1 ~"'''' 0"'- 0",,1 L:io- :::!,o- CD (/1 ~I-w crS~ ~c..c.. (/1 LOT 6 " Legal Description A portion of Tract A, Sequoia Drive, Sierra Meadows, less the easterly .30.00 feet, os recorded in Plot Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the southeast corner of said Tract A, Sequoia Drive, said point also being the intersection of the westerly right-of-way line of Collier Boulevard and the southerly right-of-way line of Sequoia Drive; thence South 87'48'19" West, along the south line of said Tract A, Sequoia Drive, 0 distance of 30.04 feet to the POINT OF BEGINNING; thence continue South 87'48'19" West, along said southerly right-of-way line, 0 distance of 20.0.3 feet; thence leaving said line North 00'50'44" East, 0 distance of 24..37 feet; thence South 87'48'19" West. 0 distonce of 282.40 feet; thence North Ocr50'44" East. 0 distance of 20.02 feet: thence North 8748'19" Eost, 0 distance of 10.02 feet; thence South 00'50'44" West, 0 distonce of 6.00 feet; thence North 87'48'19" East, 0 distonce of 272..38 feet: thence North 00'50'44" East, 0 distance of .38..39 feel to 0 point on the North Right-of-Woy line of Troct A, Sequoia Drive; thence North 87'48'19" East, along said northerly right-of-way line, 0 distonce of 20.03 feet: thence South 00'50'44" West, 0 distance of 76.78 feet to the POINT OF BEGINNING. Containing 5.549 square feet more or less. EXHIBIT Ii Pa~ ~ of 81 Li NE TABLE LINE LENGTH BEARING L75 20.03 S87'4S'19"W L76 24..37 NOO'50'44" L77 10.02 N87'48'19"E L78 6.00 SD0'50'44"W L79 38..39 NOO'50'44"E Revised per CH2MHILL design chonges 12/06 Revised per CH2MHILL design changes 12/06 Revised per CH2MHILL design changes 07/06 ~- 2S ~ 100 CRAPHIC SCALE Rev Rev I 200 E., Ii II I I 25' L.B.E. II & O.E. II II II II II :YTroct K II II I I I I I I I ) I / I I I I I I , 6.5' S.E. I AS DESCRIBED I~ O.R. BOOK 233~, PAGE 1786 I 30' ~ POC .30.04' ;::"~9"W i ;~~ IV -0::0 -'uo 6~- u ;: -'........ <to:: Z <t" Uo o w .... ... o tl1 b o NOTES: 1. This is not a survey. 2. 8asis of bearing is the West line of Coun ty Rood 951 (C.R. 951) being N 00'50'44" E:, Florida Stote Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservotions and restrictions of record. 4. E:osements shown hereon ore per plot, unless otherwise noted, 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization L8 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.D.C. represents Point of Commencemen 10. O.R. represents Official Records. 1,. L. 8. E:. represents Landscape 8uffer E:asement. 12. U.E:. represents Utility Easement. rJ. FP.LE represents Florida Power & Light Easement. 14. D.E:. represents Drainage Easement. 15. S.f:. represents Sidewalk Easement. 16. P.UE represents Public Utility E:asemen/. 'W,,: t{, ~~;~: ~_~~\' F1RM)!,f FLA. LlC. O. 5 4. .' i,;:, NOT VALID WITHOUT THE SIGNATURE AND':;j,THE ORIGINAL RAISED SEAL' OF A FLORIDA LlCtNsm SURVEYOR ANDMAPPEf ".: ,~ '.- - r-",.\:C it:. This is NOT:"aSurvey.: WlI.Miller -~:.;:..-=-.. , ......,.............................~.........~~ _,11e. ..,...,......IlIl .............IIIJf4I11..............1"u .............. _.......... Ell I'MlCll' NO: .., N6015-S0U-OOI 716 ar X Mar 09, 2006 - 15: 1 4:.36 TOSBORNE!X:\SUR\collier blvd\CH2MHlil\ 1 C-41\Lone Creek Dr - RettIe-snoke Hommock.dwg llIIMIG IIIlIX NO: IC-41 Parcel 517 ------------- ---------- --- --- - _.- - -- - - -- ---- ---- - - -.- - - - -- _____.J AgenCla Irern o. 10C February 2 , 2007 Page of40 RATTLESNAKE_ HAMMOCK R~AD 3'.4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 6. Certificate af autharization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Cammencemen 10. OR. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.[. represents Utility Easement. 13. FP.LL represents narida Pawer &- Light Easement. 14. DE represents Drainage Easement. 15. 5E represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. EXHIBIT II Page~ of.&1. cf1. LOT .3 uu__ ___'!:Q~L N8/48'19"E 272..38' -' S8,['lil:J~'1I_~7~.1a:- ------ --l~;'~~~. PARCEL & D.E. 51 7 Perpetual" Non-Exclusive Slope Easement LOT 4 SIERRA MEADOWS PLAT BOOK 39 PAGES 11-13 l 24' ACCESS EASEMENT AS DESCRIBED IN Io.R. BOOK 2909, PAGE 1531 ---------- ---------, -, I I I r r------------l--~;;;-- Legal Description The North 11,00 feet less the East 75.00 feet of Lot 4, Sierra Meadows, os recorded in Plot Book pages 11 through 1.3 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the northwest corner of said Lot 4. said point olso lying on the southerly right-of-way line of Rattlesnake Hammock Rood; thence North 8/48' 19" East along said southerly right-of -way line, a distance of 272..38 feet to 0 point on the West line of the East 75.00 feet of Lot 4; thence South 00'50'44" West along said line, 0 distance of 11.02 feet; thence leaving said line South 8/48'19" West. 0 distance of 272..38 feet to the westerly line of said Lot 4; thence North 00'50'44" East along said westerly line, 0 distance of 11.02 feet to the POINT OF BEGINNING, Containing 2,996.18 square feel. more or less. N ~- 25 50 100 GRAPHIC SCALE UNE L170 L171 BEARING SOO'50'44"W NOO'50'44" E I 200 ) I I I I I I I I I I I I : i ri(i ~ I I t[) I en I I I I 3: 2~ I ~?r- I 00:: <50 j~ l/O U I )~ I :VTroct K " : ! Iw '", '" I~ ,b ,: .39, NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 95' (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless 0 therwise noted, 5. Dimensions ore in feel and decimals thereof. 'ATT, ,S.M. (FOR THE FIRM) O. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, Wi/.Mil/'f -~._. ,...........~. an.,-. ~AnItIMr. ~...~ -,~ .trCII..,... ....JIl......,.....JG.IIf/1."..,. .........11.- ......,.... ....... .............. PIlCWICl' MOo IHEEl' N6015-SDU-OOl 517 OfF X _ IIlElC NO; lC-41 M.\I: Mor 09, 2006 - 15:14:..36 TOSBORNE!X:\SUR\ccllier blvd\CH2MHUI\ 1::-41\Lone Creek Dr - Roltlesnoke Hommock.dwg Parcel 717 --------------- ----- -------- --- ------- --...- . ..--... ---... ---- ----- ..---- ---.... , ___..,J .10C February 2 ,2007 Page 2 of 40 POC RATTLESNAKE_HAMMOCK R~AD 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 PIIDlIC1' NClI III!I.T N6015-SDU-OOl 717 f1F X SOO'50'44" W ~:~~~~___m_______-______ mpo'Er---------- I"- -l----S8~.g'-W 2-=7-i1..J~ 25' L.B.E. PARCEL de D.E. 717 _____..,.J LOT 4 LOT 3 SIERRA MEADOWS PLAT BOOK 39 PAGES 1 1 - 1 3 l 24' ACCESS EASEMENT AS DESCRIBED IN IO.R. BOOK 2909, PAGE 1531 ________ _________1 ., I I I r - i - - - - - - - - - - - - r - -LOT 5 Legal Description The South 5.00 feet of the North 1 6.00 feet less the East 75.00 feet of Lot 4, Sierra Meadows. os recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the northwest corner of said Lot 4, said point also lying on the southerly right-of-way line of Rattlesnake Hammock Rood; thence South 00'50'44" West along the west line of said Lot 4, a distance of 11.02 feet to the POINT OF BEGINNING; thence North 8748'19" East, 0 distance of 272.38 feet to 0 point on the West line of the Eost 75.00 feet of Lot 4; thence South 00'50'44" West along said line, 0 distance of 1 1.02 feet; thence leaving said line South 8748'19" West, 0 distance of 272.38 feet to the westerly line of said Lot 4; thence North 00'50'44" East along said westerly line, o distonce of 11.02 feet to the POINT OF BEGINNING. Containing 1,361.90 square feet, more or less. w- I TEMPORARY CONSTRUCTION EASEMENT DURATION ,,~ YEARS. .... Q 2!o so tOO GRAPHIC SCALE I 200 LINE L174 L175 E" I : i ri(1 ::' I I l/"J I Ol I I I I == 8Z I ~~ I cin:: <50 j~ ~o ,L-J i iVTroct K !! I i.~ o ILtl d5 !z NOTES: /. This is not a survey. 2. Basis of bearing is the West line of County Rood 95/ (C.R. 951) being N 00'50'44" E. Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to eosements. reservotians and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. ... , 5. Dimensions are in feet and decimols thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 1,. L.8.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. /3. F.P.L.E. represents Florida Power de Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.UL represents Public Utility Easement. EXHIBIT A Page.Ji.L of 6)? .M. (FOR THE FIRM) FLA. LlC. NO. 58 4 NOT VALID WITHDUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, WI/.Miller -~==-. """",~.~."""".~An:MMM.~"'~ _.n;. _..... .... ""*.......~. If- ..,..",...... ................ _.......... -.a INIIIX NClI lC-41 RlVl Mol'" 09. 2006 - 15:14:36 TOSBORNEIX\SUR\collier blvd\CH2MHill\ lC-41\Lol"1e Creek Or - Rattlesnake Hommock.dwg TRACT C TRACT R- 1 I .-1 TRACT B I I ,--1 7' I I I I I I I , P.U.E. PARCEL 118 20' 20' TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 0:: w ::J -l o u iy ---------------~ ~ :J TRACT H ------ RA ITLESNAKE .tl~M~K _ R.96L - - - 100' R/W TRACT G LOT 4_ _ _ _ _ _ --------- I SIERRA : MEADOWS I PLAT BOOK 39 I PAGES 11 - 13 I I I N I .., .00 GRAPHIC SCALE IJ- o 25 Parcel 118 FEE 81M l LE 'NTERE~T PO~ ~ I l- I ([) Gl I cr:. 2,;: ......... ciO:: >. -'([) CDN Iw ..... ... I~ ,b o !z I 200 LINE L79 L80 L8' L82 LINE TABLE LENGTH 20.00 47.41 20.00 47.39 I I ( -l~ I <1:0:: Z <1:' UO o l/- I BEARING N89'09"6"W NOO'50'44"[ 589'05'50"[ SOO'50'44"W Agenda Itemo. 10C February 2 , 2007 Page 4 of 40 Legal Description A portion of Tract A, Naples Lakes Shopping Center, as recorded in Plot Book 36, poges 98 through 99 of the Public Records of Callier County, Florida, being more particularly described os follows. Beginning at the northeast corner of said Tract A, said point also lying on the westerly right-of -way line of Collier Boulevard; thence South 00'50'44" West, along said westerly right-of-way, a distance of 47.39 feet; thence leaving said line, North 89'09'1 er West, a distance of 20.00 feet; thence North 00'50'44" East. 0 distance of 47.41 feet to the north line of said Tract A; thence South 69'05'50" East along said northerly line, a distance of 20.00 feet to the POINT OF BEGINNING. Containing 948 square feet, more or less. NOTES; 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and res t rict ions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificcte of authorization L8 43. 7. R/W represents Right-Of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. represents Official Records. 1,. L.8.E. represents Landscape 8uffer Eosement. 72. UE. represents Utility Easement. 13. FP.L.E. represents Florida Power & Light Easement. 14. DE represents Drainage Easement. 75. S.E. represents Sidewalk Easement. 16. P.UE. represents Public Utility Easement. , 7. L.E. repersents Landscape Easement. EXHIBIT A PagelL of.Il1. f!J( DAVID J HYA , P.S.M. (FOR. THE FIRM) FLA Li . NO. 5834 NOT VALID WITHOUT THE SIGNA TURE AND THE ORIGINAL RAISED SEAL OFA FLORIDA LiCENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi,."illsf -~~-:=.... ,.,.,..,..~.~...,..,...~ArtMIIaII.~~ _.he:. ..,Mr~.... JIll...,..........,......... ........,.,. ,.,....,...... -.......- Mar 15, 20(l6 - 09:25:09 TOS30RNE1X:\SUR\collie.~ bivd\CH2MHil!\' C-4i\ "Joples lakes Shopping Center.dwg IWMIlI IIIIX ICI: IC-41 IIfVl PlIDoECl' ICI: IHEEr N6015-S0U-OOl lIB OF X I TEMPORARY CONSTRUCTION EASEMEN1 DURATION ,-3 YEARS. Parcel 718 ~. ~~~_,C I ._/ ., - - 70L - - - - - L~._.. I / /TRACT B I I I / / I ~ ~/ : I I r--17' P.U.E, I '1 I I I I I I 851 PARCEL 718 8' 20' L8i3 I I I L.E.--, i- ~ I I l~ ~~ d~ ci 0:: > .. Ig ffi ~ : I:i. 0:: 1 W / ::J I ...J I 8 iy _______________J~ TRACT H _ _ :J ------ TRACT A NAPLES LAKES SHOPPING CENTER PLAT .BOOK .36 PAGES 98-99 RATILESNAKE J:l~MMOCK_R.9~ --- 100'R/W TRACT G LOT 4 ---------------, SIERRA : MEADOWS I PLAT BOOK .39 I PAGES 11-13 I I I N ~- o 2~:SO 100 GRAPHIC SCALE I 200 liNE L8.3 L84 L8S L86 LINE TABLE LENGTH 8.00 47.42 8.00 47.41 Revised distance in description 03/06 I I ~ ...J~ I <0:: z <- UO o ~- I BEARING N89'09' 1 6"W NOO'SO'44"E 589'05'50" E SOO'SO'44"W Agenda Item . 1 DC February 2 , 2007 Page 2 of 40 Legal Description A portion ot Tract A, Naples Lokes Shopping Center, os recorded in Plot Book 36, pages 98 through 99 of the Public Records of COllier County, Florida, being more particularly described os fOllOWS. Commencing at the northeast corner of said Tract A, said point also lying on the westerly right-of-way line of Collier Boulevord; thence North 89'05'50" West along the northerly line of said Tract A, 0 distance of 20.00 feet to the POINT OF BEGINNING; thence leaving said line South 00"SO'44" West, 0 distance of 47.41 feet; thence North 89'09'16" West, 0 distance ot 8.00 feel; thence North 00"SO'44" East, o distonce of 47.42 feet to the northerly line of soid Tract A; thence South 89'OS'50" East along said northerly line, 0 distance of 8.00 feet to the POINT OF BEGINNING. Containing 379 square feet, more of less. EXHIBITL Page~ of.1Q. NOTES: 1. This is not 0 svrvey. 2. Basis of bearing is the Wesf line of Covnty Road 951 (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.D.B. represents Point of Beginning. 9. P.O.C. repr/tsents Point of Camm/tncement. 10. D.R. repr/ts/tnls Official Records. ,1. L.B.E. represents Landscape Buffer Easement. 12. U. E. represents Utility Easement. 13. F.P.LE represents Florida Power &: Lighf casement. 14. DE represents Drainage Easement. 15. S.E. represents Sid/twolk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. u .. I..:" ;.. T.~. . (r::OR- THE FIRM) FLA. LlC. N . 5834.. './ c, "" ,:,;' NOT VALID WITHOUT'THE SIGNATuRE AND THE ORIGINAL RAISED stAb Of-:/H.Iil(ORIDA LiCENSED SURVEYOR AND MAPPER' " This is NOT a Survey. WII..,lle, -=,~r.::.... ,....",.. .,....,..........,..,... ~NfIkiII . ~~ -,"'" _....,......_....,...~. ,.... ......... JIIu .......... ....... .........._ I'IIlloIICf IIllII IHIEr N6015-S0U-OOI 718 lII" X Mar 14, 2006 - 08:29:.39 TOSBORNEIX:\SUR\collier bl\ld\CH2M~jll\ lC-41\Noples Lokes Shopping Center,dwg __ IIIll!X ID IC-41 IllVl I I EXHI~Il~ A 1: Page...LP- of ';;/'7 I I I Parcel 119 I I TRACT C I I I 1_. TRACT R-1 " " I POB I SIGN EAS~MENT O.R. BOOK 3151 PAGE 3 12 I I FEE SIMPLE INTEREST I , ~E' 20' I I ~ I U") OJ I I I'~ 2~ I 15:s c:i 0::; : '8 ~ ~ : Iz 0::; I W I :J I ....J I 8 i~ ---------------~ ~ TRACT H J ------- TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 RATTLESNAKE .tl~MMOCK_R.96!L- - - - ---,-00' R/W TRACT G _ _ _ _ _ _ !:.O]' _4_ _ _ _ _ _ I SIERRA I MEADOWS I PLAT BOOK 39 PAGES 11-1:3 I I N ~- o 25 ~ 100 GRAPHIC SCALE I 200 LINE L87 L88 L89 L90 L91 LINE TABLE LENGTH 20.00 13.88 5.00 10.00 18.23 TMO/1965 I I ~ ....J~ I <(0::; z <( - UO o l/- I BEARING N89'Os'sO" W NOO'sO'44" E S89'09' 16" E N89'09' 16"W N00"50'44" E Agenoa ITem ( o. 10C February 2 , 2007 Legal Descripr,on p ~ f 40 A portion of Tract B, Naples Lakes ShOppiR~e 0 Center, os recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the northeast corner of said Tract B, said point also being the intersection of the southerly right-aI-way line 0.1 Tract R-1 and the westerly right-of-way line of Collier Boulevard; thence South 00'50'44" West. along said westerly right-of-way line, 0 distance of 165.19 feet to the southeasterly corner of Tract 8; thence North 89'05'50" West, along the southerly line of said Tract B, o distance of 20.00 feet; thence leaving said south line, North 00'5D'44" East, 0 distonce of 13.88 feet; thence South 89'09' 1 6" East, o distonce of 5.00 feet; thence North 00'50'44" East, 0 distance of 145.00 feet; thence North 89'09'16" West. 0 distance of 10.00 feet; thence North 00'50'44" Eost. 0 distance of 18.23 feet to the southerly right-of -way line of soid Tract R-1 ond the point of curve of 0 non tongent curve to the right, of which the radius point lies South 09'36'04" West, 0 radial distance of 48.00 feet ond hoving 0 chord beoring of South 6.3'37'42" East. 0 chord distance of 27.70 feet; thence southeasterly olong said southerly right-of-woy ond the ore, through 0 centrol ongle 01 33'32'48", 0 distonce of 28.10 feet to the POINT OF' BEGINNING. Containing 2,797 square feet. more of less. NOTES: 7. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (CR. 957) being N 00'50'44" E, Florida State Plone Coordinates NAD 83/90. Easl Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. represents Official Records. 1 7. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. DE represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 76. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. ..,/ .,~;}..;:. / / j'~" j, ,:'; ~~ ( :4TT. . .Ii (FOR, ,THE:' FIRM) FLA. LlC. O. .5834(. '..' ", .... :; NOT VALID WITHOUT THE SIGNATURt AND THE ORIGINAL RAISED SEAL. OF, AI FLORIDA LICENSED SURVEYOR AND MAPPER" . This is NOT a Survey, WiI.Miller --=':'#=-- ,..".....~.~......,...~An::IllIIc*.~~ _.ne. .....,....._. ,...............,... ........,.,.. ........ ...... ..........- Mar 14, 2006 - 08:29:39 TOS80RNE!X:\SUR\colfier blvd\CH2MHiH\ 1 C-41\Naptes Lakes Shopping Center,dwg ..... INIIIlC IIOl IC-41 IllVl PIIloIICI' IIOl IHEEr N6015-S0U-OOI 119", X Parcel 719 ~ ~:-~ I SIGN EASEMENT O,R, 800K 31'1 PAGE 3212 8' IS' I I rR~5:~tKL}9~~] - I P. .3120 I :--17' P.U.E, I I I I I I I TRACT 8 941 I I I I I I : I I I i ,.; ~ I I~ 0:: I Ib U 3:: I 0 ......." : I z c:i 0:: I > . I -1lf'l I CON I 0:: i I ~ I 0 I U ------~,:::--~~~~ ------ TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 RATTLESNAKE .t:l~MMOCK_R.9~ - - - 100' R/W TRACT G _ ___ __ ':.0]' _4:.._ __ __, SIERRA I MEADOWS I PLAT 800K ~9 PAGES 1 I -113 I I I I r1 -1~ I <0:: Z 2)0 o l/- I TEMPO~ARY I I C NSTRUCTlON EASEMENT DURA TION J YEARS. l'IIDoIICl' IIll IHIE1' N601~-SOU-OOl 719 Off X LINE TABLE N LINE LENGTH L92 5.00 L9.3 13.88 ~ I I L94 8.00 L95 13.87 0 25 SO 100 200 L96 5.00 GRAPHIC SCALE L97 8.00 REVISED TO ADD F.P.L,E. 03/06 TMO/1965 E" Agenda Item . 10C Legal Description February 2 , 2007 A portion of Tract 8, Naples Lakes' shof?>Ulge 2 of 40 Center, os recorded in Plat 8aok 36, pages 98 through 99 of the Public Records of Collier County, Floddo, being more particularly described os follows. Commencing at the southeast corner of said Tract 8, said point being on the westerly right-of-way line of Collier Boulevard; thence North 89'05'50" West, olong the southerly line of said Tract 8, 0 distance of 20.00 feet to the POINT OF BEGINNING; thence continue North 89'05'50" West, along said southerly line, 0 distance of 8.00 feet: thence leaving said line North 00'50'44" East, 0 distance of 13,87 feet; thence South 89'09' I 6" East, 0 distance of 5.00 feet: thence North 00'50'44" East, 0 distence of 145.00 feet; thence South 89'09' 16" Eest, 0 distance of 8.00 feet; thence South 00'50'44" West, 0 distance of 145,00 feet; thence North 89'09' I 6" West, a distance of 5.00 feet; thence South 00'50'44" West, 0 distance of 13.8a feet to the POINT OF BEGINNING. Containing t ,271 square feet, more of less, EXHI~'TL Pege.1't.. of 9.f7 NOTES: 1. This is not 0 survey, 2. 8asis of beoring is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 8J/90, East Zone, J. Subject to easeml/nts, resllrvations and rllstrictions of record, 4. Easements shown hl/reon ore per plot, unless otherwise noted. 5, D/mllnsions ore in feet and decimals thereof. . 6. Certificate of authorization LB 4J. 7. R/W represents Right-of-Way. 8. p.o.e. represents Point of 8eginning. 9, P.O.C. represents Point of Commencement. 10. O.R, represents Official Records. 1 7. L.8.E. represents Landscape 8u"lIr Easement. 12. U,E, represents utility Easement. tJ. F.P,L.E. represents Florida Power &< Light Easement. 14. D,E. represents Drainage Easement. 15. S.t:. represents Sidewalk Easement. 15. P.U.E. represents Public Utility Eosllment. 17, L.E. repersents Landscape Easement. DAVID J. Hym .THE FIRM) FLA. LlC. NlJ.5 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LlCENStD SURVEYOR AND MAPPER This is NOT a Survey. WI,."III., _~J::o... ".,..........,.............,.. .~~ .1/WelIf1IIIIl ~ ~h> ......,.... MIfJIJ. ................". .... ..........".,................ ............- IllVIIlIIO IIlIlC IIll IC-41 RItYI Mer 14, 2006 - 06:29:39 TOSBORNEIX:\SUR\coW.r blvd\CH2MHill\ 1C-41\Nepl.. Lek.. Sheppin9 Center.dwg I I I I I I I I I I I I :--' 7' I I I TRACT C P.U.E. " ,TRACT 'R-l 1_ - _~,L - --- I /f?ARCEL I / / 120 ~/ I I I I I I I I I TRACT 8 20' I I I I I I I I I I , I J I I I I I I I r I I i I I I ----------------~~ :J ------- NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A Parcel 120 FEE k'MPLE INTlEREST I L I I I I ~r1 ~ I -JZ I ~ ~Cl:: I I I <( - I Cl:: I U 0 ~~ I ;? I >. ~ -JiJ) I [DN I ~ I o U 25' POB I I W ''<t ,. r:7l Ib I: I I ~ RATTLE~~ !::IAMMOC~_ROAD I - - - 100' R/W I EXHIB~ A PageJ1i. of J J N I _ I o 25 50 '00 200 CRAPHIC SCA.LE CHORD BRC. N63'37'42"W N45"9'39"E .>\ t:llUel Lt: I O. 10C February 2 , 2007 Legal Description P;:Joe of 40 The easterly 25.00 feet of Tract R-l, NoPfEiS Lakes Shopping Center, os recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the southeast corner of said Tract R- 1. said point also being the intersection of the southerly right-or-way line of Tract R-l and the westerly right-of-way line of Collier Boulevard and the beginning of o curve to the left, of whiCh the radius point lies South 43'08'32" West, 0 rOdial distonce of 48.00 feet and hoving 0 chord beoring of North 63'37'42" West. 0 chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R-l ond the arc, through 0 central angle of ,3,3',32'48", 0 distance of 28.10 feet; thence leoving said line North 00'50'44" East, 0 distance of 38.61 feet to the northerly right-of-way line of soid Troct R-l and 0 point of curve of 0 non tongent curve to the left, of which the rodius point lies North 2751"5" West, 0 radial distance of 48.00 feet and hoving 0 chord beoring of North 45'19',39" East, 0 chord distonce of 35.68 feet; thence . northeasterly along said northerly right-of-way line and the arc, through 0 central angle of 43'38'09", 0 distonce of 36.56 feet to the westerly right-of-way of soid Collier Boulevord: thence South 00'50'44" west along said line, a distance of 76.00 feet to the POINT OF BEGINNIING. Containing 1,312 squore feet, more 'of less. NOTES: ,. This is not 0 survey, 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, cost Zone. 3. Subject to easements, reservations and restrictions of record. 4. casements shown hereon are per plot, unlesS otherwise noted. 5. Dimensions ore in feet ond decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. repres"nts Official Records. 1 ,. L.BE represents Landscape Buffer casement. 12. U.E. represents Utility Easement. 13. '.P.L. c. represents Florida Power clc Lighf Easement. 14. DE represents Drainage Easement. 15. SE represents Sidewalk Easement. 16. P.UE. represents Public Utility Easement. i 7. L.E. repersents Landscape Easement. r.o' , . (F'O~nHtFIRM) 'LA LlC. N 5834,' ,'i". NOT VALID WITHOUT THe SIGNATURE AND THE ORIGINAL RAISED SEAL'O~ A, ,'FLORIDA L1CENS[D SURVEYOR AND MAPPER This is NOT a Survey. WiI.Miller _-='==-M ........~.~..".,........,...~.~~ _,K #lO...,.........,." . ........... ~. .... .......,.,.., .......,......, ........- IIIWlINlI NlEll NO: 1C-41 IlEYI I'ROoI!m MOl SHEEr N6015-S0U-001 120 Of X Mar i4, 2006 - 08;29:39 TOS80RNEIX:\SUR\collier blvd\CH2M~ill\ 1C-41\Napies Lakes ShoPpin9 Center.dwg I I I I I I I I I I I I I :--1 7' I 1 I TRACT C P.U,E. TRACT B 20' II I" I I I L.E.--1 I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A 11 I I ---------------~~ _:J .------ L 1 D . t' Agenda Item o. 10C ego escnp Ion ') A portion of Tract R-1, Naples Lakes Sfi$Ill;Pry ~ ,2007 I Center, OS recorded in Plot Book 36, pages ~ge 9 of 40 through 99 of the Public Records of Collier County, Florida, being more particularly described os I follows. I Commencing at the northeast corner of Tract B of I said Naples Lakes Shopping Center, said point also being the intersection of the .southerly right-of-way line of Tract R-1 and the westerly right-of-way I line of Collier Boulevard and the beginning of 0 I curve to the left, of which the radius point lies South 43'08'32" West, 0 radial distance of 48.00 feet and having 0 chord bearing of North 63'37'42" Wes!. 0 chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R-1 and the ore, through 0 central angle of I 33'32'48", 0 distance of 28.10 feet to the POINT 'OF BEGINNING and the beginning of 0 curve to the . left, of which the radius point lies South 09'35'54" I West, 0 radial distance of 48.00 feet and having 0 I I chord bearing of North 84'4S'47" West, 0 chord I r1 distance of 7.33 feet; thence westerly along said r1 southerly right-of-way line and the arc, through 0 central angle of 08'45'22". 0 distance of 7.34 feet; thence North 89'09'17" West, along said 'I : right-of-way line, 0 distance of 29.51 feet; thence leaving said line North 44'09'1 r; West, 0 distance I I of 7.33 feet; thence North 00'50'44" East, 0 ....... 3: distance of 28.82 feet to the northerly U; <i ~ right-of-way line of said Troct R-1; thence South 01 I Z I 89'09' 11' East, along said northerly right of way d: I CS g I line, 0 distance of 22.71 feet to 0 point of curve '-"aU' "0:::3: I ~ I to the left having 0 radius of 48.00 feet, a central ..... l/ angle of 23'41 '58", and a chord bearing of North 78'59'43" East, 0 chord distonce of 19,71 feet; > _ thence easterly along the northerly right-of-way as i!3: ~~~8;f f::~~ t~~~:e R;0~t~ngO't~~'4a;.~ ~e:;~t~nce of ffi I distance of 38.61 feet to the POINT OF BEGINNING. :::i c5 Containing 1,442 square feet, more or less. U NOT~S: 1. This is not a survey. Parcel 720 I I I I ~EMPOAARY ........lWAY ~TORAT1ON ~jMeNT IllURAT!ON: 3 VEAA~ PARCEL 720 POC IPOB ~ I I L.i ..... ~ I~ Ib I~ I I ~ EXHIBI+ 11 Page-4 of &"7 RATTLESNAKE HA~M.9~_BQf.o - - -'00' R/W N '..- o 25 -'II 100 GRAPHIC SCALE CURVE C8 Cl0 C11 Rev 1) RADIUS 48.00' 48.00' 48.00' I 200 LINE L99 L100 L101 L1 02 L103 LINE TABLE LENGTH 29.51 7.33 28.82 22.71 38.61 BEARING N89'0 '17'W N44'09'16"W NOO'SO' 44" E 589'09'17'( SOO'50'44"W 2. Basis of bearing is the West line of County Road 951 (CR. 951) being N 00'50'44" ~, Florida State Plane Coordinates NAD 83/90. ~ast Zone. 3. Subject to easements, reservations and restrictions of record. 4. ~asements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. CerUficate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Cammencemen/. 10. OR. represents Official Records. 11. L.8L represents Landscape Buffer Easement. 12. U.E. represents Utility ~asement, 13. F.P.L.~. repr/tsents Florida Power &. Light ~asement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents. Public,Utility ~osement. 17. L.E. repersents, Londscope".Easement. l~",';i.( , . :;, ~- / ,,-~' :~., f '~J~':"'" 'C .". I. if. ,. DAVID J. HY. ,Po'. /,(fo&' T-HE ;;~M) FLA. LlC. N 5834'" .. .l,~.' NOT VALID WITHOUT Ti;~ S'GNArDR~ AND THE ORIGINAL RAIS~D S~A( OF' A ~ fLORIDA . LlC~NSED SURV~YOR AND MAPP~R ,.~. This is NOT a Survey, WI/.Mlller -~~~.. ,..,....~.........~.~~.~~ ~tlc. _....,_...KtI.........~...................,................ ................ CMI n.e IC-41 PIIloImf NO: IHEEl' N6015-S0U-OOI 720 f1F X 11M llMIIlliI INDEX NO: IC-41 Mar 14, 2006 - 08:29:39 TOS80RNEIX:\SUR\eollier blvd\CH2MHirl\ 1 C-4 1\Naples lakes Shopping Center.dwg CURVE TABLE LENGTH TANGENT CHORD 28.10' 14.47 27.70' 7.34' 3.67 7.33' 19.85' 10.07 19.71' per County Comment CHORD BRG. NS . 7'42"W N84'46'47"W N7 ' 9'4.3"E 03/0S E" "ACT 0 J Parcel 121 I I I I I I I I I I I I I I' I I , I I Fe~ SIMPlE 'iEREST I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A + 3M ~ o 25 50 100 GRAPHIC SCALE 200 E" CID flU: lC-41 Agenda Item o. 10C February 2 ,2007 Legal Description p f 40 The East 25.00 feet of Tract C and the s~JW 0 5.00 feet of the East 25.00 feet of Tract D. Naples Lakes Shopping Center, as recorded in Plat Book 36. pages 98 through 99 of the Public Records of Collier County, Florida, being more particulorly described as follows. Beginning at the Southeast corner of. Tract C of said Noples Lokes Shopping Center, said point also being the intersection of the northerly right-of-way line of Tract R-l and the westerly right-of-way line of Collier Boulevard ond the beginning of a curve to the right, of which the radius point lies North 66'29'27" West, a radial distance of 48.00 feet and having a chord bearing of South 45'19'39" West, a chard distance of 35.68 feet; thence southwesterly along the northerly right-of-way line of Tract R- 1 ond the ore, through a central angle of 43'38'09". a distance of .36.56 feet; thence leaving said line North 00'50'44" East, a distance of 256.42 feet to the northerly line of the south 5.00 feet of said Trod 0; thence South 89'06'00. East along said line, a distance of 25.00 feet to the westerly right-of-way line of Callier Boulevard; thence Soulh 00'50'44" Wesl along said line, a distance of 230.94 feel to the POINT OF BEGINNING. Containing 6.174 square feel, more or less. EXHIBIT A PageL of.-:21. NOTES: ,. This is nof 0 survey. 2. 80sis of beadng is the West line of County Rood 95 T (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements. reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in teet and decimals thereof. 6. Certificate of outhoriza/ion LB 43. 7. R/W represents Right-at-Way. 8. P.O.B. represents Poinl of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. represents Official Records. T ,. L.B.E. represents Landscape Buffer Easement. 12. U[ represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.u.r::. represents Public Utility Easement. 17. L.E. repersents Landscope Easement. . ~;: j . .... :!, .J... '" ~ . ,. (FOR;;'rHtif~f5M) ':-" :~ ,'....' ,c'. ,~. NOT VALID WITHOUT TRE SIGNA/lIRe' AND THE ORIGINAL RAISED stAL or A FLORIDA LlCENSE:D SURVEYOR AND MAPPE:R:'l'fJ-!.l/'" This is NOT a-:Sui-vey, WlI.Miller -~==-- ~.---..~........,...~ArcMIdI.~~ _iIc. MlO..,... Uta>>................,..,.... ~ ..... ......... ..... .......... "lUX:!' NCIl INiEI' N6015-S0U-OOl 121 Clf' X MY: !.lor 14, 2006 - 08:29:.39 TOSBORNElx:\SUR\coJlier blvd\CH2MHill\ lC-41\Noples Lakes Shopping Center,dwg __ IIlIX NCIl lC-41 Parcel 721 I I I ~ i i i! I (! 10' F.P.L.E. i : ~ ~ ! O.R. BOOK 3600,+ (! I P 1952-1954 r-j.J , ....... I 3: I 11ff.... :;:; l;i~ OJ z d:: 130 u I 0 '-' 3: I ~~ l/ 0:: W I ~ I TRACT J ;,., l ~ ~ "" ~ * b ltl ~ I oj L/') N .... '..t- ..t- o L/') b o z NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A I EXHIBIT "A PageJL of ,f) 7 N ~- o 2~ ~ 100 GRAPHIC SCALE I 200 CURVE C12 C13 Rev 1) E., Agenda Item o. 10C February 2 , 2007 Legal Description P f 40 The West 8.00 feet of the East 33.00 feeta~e 0 Tract C and the South 5.00 feet of the West 8.00 feet of the East 33.00 feet of Tract D, Naples Lakes Shopping Center, os recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the sOutheast corner of Tract C of said Naples Lakes Shopping Center, said point also being the intersection of the northerly right-of-way line of Tract R-1 and the westerly right-of-way line of Collier Boulevard and the beginning of 0 curve to the right, of which the radius point lies North 66'29'21' West, 0 radial distance of 48.00 feet and having 0 chord bearing of South 45', 9'39" West, 0 chord distance of 35.68 feet; thence southwesterly along the northerly right-of-way line of said Tract R-l and the ore, through 0 central angle of 43'38'09", 0 distance of 36.56 feet to the POINT OF BEGINNING; and the beginning of a curve to the right, of whiCh the radius point lies North 22'51' 16" West, a radial distance of 48.00 feet and having 0 chord bearing of South 72" t 1 '29" West, 8.44 feet; thence westerly along the northerly right-of-way fine of said Tract R- 1 and the ore, through 0 central angle of 10'05'30", 0 d',stance of 8.45 feet; thence leaving said line North 00"50'44" East. 0 distance of 259.13 feet to the northerly fine of the sauth 5.00 feet of said Tract D; thence South 89'06'00" East along said northerly line, 0 distance of 8.00 feet; thence leaving said line South 00"50'44" West, 0 distance of 256.42 feet to the POINT OF BEGINNING. Containing 2,063 square feet, more or less. NOTES: ,. This is nof 0 survey. 2. Basis of bearing is the West fine of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 1 ,. L.BE represents Landscape Buffer Easement. 12. UE represents Utility Easement. 1 J. F.P.L.E. represents Florida Power &: Light Easement. 14. DE. represents Drainage Easement. 15. S.E. represents Sidewalk. Easement. 16. P.UL represents Public .Utility Easement. 17. L.E. repersents.J,L~ndscape. Easement. I:;:':{.,/J . ,.. ~ ' ~ ~ ;.,) ".:-' DAVID J. HY. TT, . .M/ (foR.;il;ii:F.fRM) FLA. Lie. N . 5834' 'p. "'~'~' NOT VALID WITHOUT THE: SICNAT,l!jRE AND THE ORIGINAL RAISED SEAL onA 'FLORIDA LiCENSED SURVEYOR AND MAPPER.' . This is NOT a Survey, WI_Millet _~r.==-M ,..,....,.,...,.~..".,....~NdIa:rIII.~_~ _,ioc. .....,..... ......,............".. .........,.,. ". ~........ ......,.,..... Uor 14, 2006 - 08:29:.19 TOS80RNEIX:\SUR\collier blvd\CH2MHin\ 1 C-41\Noples LOkU S,",opping Center.dwg _ NIEX NlII IC-.lI lllVl eM) I'I.rI IC-41 I'lIOIICI' NlII IHIIEI' N6015-S0U-OOl 72J at X ;: I '0.1 ~ 0,,", ",q Or-; ~-I I I TRACT D Z: I I IlL 10' F.P.L.E. ': O.R. BOOK 3600,+ P 1952-1954 , I i: I r~~ I 'I--.J Parcel 723 FUTURE DEVELOPMENT DE, AE. ME, 20' NAPLES LAKES COUNTRY CLUB PLAT BOOK .33 PAGES 8-15 N 589'06 '00" E .. C 2~ ~ 100 GRAPHIC SCALE I 200 /"r'-uHlS.-58'' ~. ..,. I - , 10' I.E. ::; ! O.R. SOOK 3058, PAGE 3228 .; -10 ci:i~ 1-1..; u"o( <(' . ~:~ '" I~ I , LINE L114 L115 BEARING NOO'50'44"E NOO'54'1 2" E P.U.E. TRACT C legol Description A portion of Tract R-l of Naples lakes Shapping Center, os recorded in Plot Sook 35, pages 98 through 99 of the Public Records of Collier County, Florida, being more porticularly described as follows, Begmning ot the southeast corner of Tract R-l of soid Naples lakes Shopping Center, said POint also lying on the westerly right-of-way line of Caliler Boulevard, and the beginning of 0 curve to the left, of which the radius point lies South 28'40'49" West, 0 radial distance of 27.54 feet; thence westerly along soid southerly line of Troct R- 1 and the arc. through a central angle 01 28'00'35". 0 distance of 13.46 feet, and being subtended by a chord having a bearing of North 75'19'28" West and a distMce of 13.33 feet; thence North 89'06'00" West along said southerly line. a distance 01 17.05 feet; thence leaving said line North 00'50'44" East, a distance 01 12.00 feet; thence North 89'06'00" West, a distance of 109.58 feet to the point of curve of a non tangent curve 10 the left, of which the radius point lies South 00'54'01. West. a radiol distance of 60.00 feet; thence southwesterly along the ore, through a central angle at 89'59'48", a distance of 94.24 feet. and being subtended by 0 chord having 0 bearing of South 45'54'07" West and a distance of 84.85 feet; thence North 00'54'12" East, a distance of 14.00 feet to a paint of curve to the right having a radius of 60.00 leet and a central angle of 89'59'48"; thence nartheasterly along the ore a distance of 94.24 feet. and being subtended by a chord having a bearing of North 45'54 '06" East and a distance of 84.85 feet; thence South 89'06'00" East, 0 distonce of 1.39.57 feel to 0 point on the westerly right-of-way line of said Collier Boulevard; thence Sauth 00'50'44" West along said line, 0 distance of 29.17 feet to the POINT OF BEGINNING. Agenaa Ilem o. 10C ~ FetDruary 2 ,2007 I Page of 40 I : TEMPORARY I ONSTRUCTIBN EASEMENT "9:' :DURATIDN -p- YEA,S. SOO'50'44"W I P~f! ~ ~ 13:1 U3: -!'-.. I '-" '-.. <( a:: I cia:: Z I ~~ I cS~ ~~ L-J I l.E.-1 I I I I I I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 00'50'44" W, Florido State Plone Coordinates NAD 83/90, East Zone. 3. Subject to eosements, reservations ond restr"ctions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet ond decimals thereof. 6. Certificate of outhorization LB 43. 7. R/W represents Right-of-Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. D.R. represents Officio I Records. 11. l.B.E. represents Londscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P LE. represents Florida Power & light Eosement. 14. D.E. represents Droinoge Easement. 15. S.E. represents Sidewalk Eosement. 15. P.U.E. represents Public Uti:ity Eosement. EXHIBIT-.A-c 17. A.E. repersents Access Eosement. Page-19- 0f3l Cantaining 3,167 square leet mare or iess. CURVE TABLE CURVE RADIUS DELTA lEN GTH TANGENT CHORD CHORD BRG. C14 27.54' 28'00'35" 13.46' 6.87 13.33' N75'19' B"W C28 60.00' 89'59'48" 94.24' 60.00 84.85' S45'54'07'W C29 60.00' 89'59'48" 94.24' 60.00 84.85' N45'54'06" Rev:sed per CH2MHlll Revised per CH2MHlll 12/06 11/06 E., . . .M. (FOR THE FIRM) FLA. Lie. N . 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, WiI.Miller -~~~.. l'Inwt.fr9t-I,~,""""'.~NdI/tItia .~~ _i>c. ...,....,.....IIlIl . .... ~.....,.".. .........,.,. hi ..,.,.... . ...... _'*-'Iw_ CMl fU: lC-41 PIICloEr IllII IHIEf N6015-SQU-OOl 723 Oft X lIMIIG IIIEIl IllII lC-41 !lEY: Mar 14, 2006 - 05:29"39 TOS80RNElx:\ SUR\ collier blvd\ CH2MHill\ 1 C-41\Nopfes L(Jkes Shopp'I"g CenteLdw9 I II I :L- 20' L.B.E.--, I ~.J I' NAPLES LAKES 5' S;c:.---II COUNTRY CLUB ) I PLAT BOOK 33 / I PAGES 8-15 / L.B.E. II // L.LJ .:;: __- __ __ ___n__ n_ _ _~O~~:~~l~/~ b a, ~ ~ ~ : ~ j r1 en I I I ~ I I I 2.:= := ~ "- ...J"- ': ;... c:i c:r ~ c:r bO! ::Ju, (30 ~ ~~ W~_ N I S ~~-------[----[----::'''''-~-~~w -7 - <5 ...J..... ( ~ ~ - - - - - - - to' -f>'5' U.$- ~ ... <J:). I -- /----~_-- ______n_~:.-. "'8. ~~ I POB N -.-- - - - - I 5S ...; ,0 ..., ---L CUE...J I /~ 15' WATERLINE bN ~,~ I .. . 8 I ._ I """'" D~~'oUpRJ~NT z t~E~ : . o 2" "0 CRAPH:; SCALE 200 DE. AE, ME, ! I EXHIBIT..L ~O af~ Parcel 725 FUTURE OEVELOPMENT DE, AE, ME, TEMPORARY CONSTRUCTION EASEMENT DURATION -3 YEARS. PARCEL ~ 725 o' .0 ,......, ~8 ( A.E. & P.S.U.E.) TRACT R '{)5'4(j"C z:3~- \1'ol\lER1'olESS ~R\VE Legal Description A portion of Tract R, Inverness Club Drive, Naples Lakes Country Club, os recorded in Plot Book 33, pages 8 through 15 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the southeast corner of Tract R of said Naples Lakes Country Club, said point also being the intersection of the westerly right-ai-way line 01 Collier Boulevard and the southerly right-of-way line of Inverness Club Drive, and the beginning 01 a curve to the left, of which the radius point lies North 89'09'16" West, a rodial distance 01 25.00 leet and having a chord bearing of North 44'07'31" West. 35.34 leet; thence northwesterly along said southerly right-ai-way line for the following 2 courses and the arc, through 0 centrol angle of 89'56'30", 0 distance 01 39.24 leet; thence North 89'05'46" West, 0 distance of 15.03 feel; thence leaving said line North 00'50'44" East, 0 distance of 23.00 feet; thence North 89'05'46" West, 0 distance of 230.40 leet; thence North 00'50'44" East, 0 distance of 17.00 feet: thence South 89'05'46" East, 0 distance of 230.40 feet; thence North 00'50'44" East, 0 distance of 8.00 feet; thence South 89'05'46" East, 0 distance of 40.00 feet to 0 point on the westerly right-of-way line 01 said Collier Boulevard; thence South 00'50'44" West along said line. 0 distance of 72.97 feet to the POINT OF BECINNING. Containing 5,970 square feet or 0.' 371 acres, more or less. Rev Revised per CH2MHILL design changes Rev Revised per CH2MHILL design changes Rev Revised per CH2MHILL 04/06 Rev Revised per County Comments 04/06 Revised per CH2MHILL 04/06 12/06 12/06 Agenda Item t o. 10C FebruafJ{ 2 . 2007 Pagj3 of40 I NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line 01 County Rood 95' (C.R. 951) being S 00'50'44" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3, Subject to easements, reservations and restrictions 01 record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-ai-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point 01 Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. , 2. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. , 6. P.U.E. represents Publ'lc Utility Easement. 17. P.S.U.E. repersents Private specific vse Easement , 8. C.U.E. repersents County Utility Easement , 8. A.E. repersents Access Easement T, lfS. (FOR THE FIRM) FLA. Lle.:N 583 - . NOT VALID WITHOUT THE SIGNA TURf: AND THf ORIGINAL RAISf:D SEAL OF A FLORIDA UCfNSf:D SURVEYOR AND MAF?PfR This iSiNOT a Survey. WII.MiIlB' -~:.;::=-.. .I"IlnwlI.~.~.""""'.~"""""'~~ ~tlc. .....,,.,.IUJo..................,.,.... ......,. 'w ....,..., ...... .........._ IWl.IICT IQ IHIET N6015-S0U-OOI 725 01 X DMlINII INDD IQ IC-41 Ilf.Vl Mar 14. 2006 - 08:29:39 TOSBORNElx:\SUR\calli" blvd\CH2'-1Hill\ lC-41\Nopl.. La... Shappin9 Center.dw9 TRACT E TRACT H TRACT A CLUB ESTATES DRIVE 1 00' R/W (A.E. &. U.E.) w . 'ool' Oool' o. '0 0, _0 o Z 60' I I . _.J Vl W 1--0 ~"loo Vl",1 wooo 0.... ~CDVl -'....w u5~ 'j!ll.o.. I- TRACT E Parcel 726 r- :~ r1~ -1........ I I <: cr I 'I ~ 0 Uo V lI) en I cr U~ '-'........ cicr >. -1lI) CDN cr w ::J -1 o U ~ I I I I ~ORIVEWAr ~ESTPRATlON EASEMEJI'lT ~TlON: 3 v.~S 4 N ~ o 25 50 \00 GRAPHIC SCALE EXHIBIT ,A PageL of..& 200 LINE 11 19 L120 BEARING N89"09' 1 6"W S89'09'16"E CURVE RADIUS DELTA C1B 50.00' 90"00'00" C 19 50.00' 90'00'00" CH2ldHILL 4, 06 SKETCH & DESCRIPTION OF PARCEL 726 A PORTION OF CHORD BRG. N44'09'1 f5'w N4S'SO '44" E E" QlD FUll lC-4,1 MloIECI' MOl IHEEI' N6015-S0U-OOl 726 ~ X llE.Y: Agenda Item February Page o.10C 7. 2007 4 of 40 Legal Description The East 60.00 feet of Tract A, Club Estates Drive, The Club Estates, os recorded in Plot Book 31, Pages 78- 80 of the Public Records of COllier County, Florida, being more particularly described os follows. Beginning at the intersection of the southerly right-of-way line of Club Estates Drive ond the westerly right-of-way line of COllier Boulevard ond the beginning of 0 ourve to the left, of which the radius point lies North 89'09' 1 8" West, 0 radial distance of 50.00 feet and having 0 chord bearing of North 44'09" 6" West, 0 chord distance of 70.71 feet; thence northwesterly along the south right-of-way line 01 said Club Estates Orive and the ore, through 0 central angle of 90'00'00", 0 distance of 78.54 feet; thence North 89'09'16" West along said southerly right-of-way line, a distance of 1 0.00 feet; thence leaving said line North 00'50'44" East, 0 distance of 100.00 feet to the northerly right-of-way line of said Club Esates Drive; thence South 89'09'10' East along said northerly line, a distance of 10.00 feet to the point of curve to the left having 0 radius of 50.00 feet, a central angle of 90'00'00", and having a chord bearing of Narth 45'50'44" East, 0 chord distance of 70.71 feet; thence northeasterly along said northerly line and the ore, 0 distance of 78.54 feet to the westerly right-of-way line of said Collier Boulevard; thence South 00'50'44" West along said westerly right -of -way line, 0 distance of 200.00 feet to the POINT OF BEGINNING. Containing 7,07.3 squore feel, more or Jess. NOTES: ,. This is not 0 survey. 2. Bosis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" ~, nar;do Stott! Plane Coordinates NAD 83/90, ~ost Zone. 3. Subject to easements, reservotia.ns and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certilicate of authorization LB 43. 7, R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. represents Officiol Records. 1 t. L.B.!:. represents Landscape Buffer ~asement. 12. UE represents Utility Easement. 13. F.P.L.E. represents Florida Power .& Light Eosement. 14. DE represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.[. represet1ls'fubfic Utilify Easement. 1'1 . t): ., ,.) .~- (,' , .'~ ,.',' ;::;:. C':'f" , IfQlff Tr(~ F!RM) FLA. LlC. NO. 58 .. " ,",' ,\':: NOT VALID WITHOUT> THe: SIGNA'TURE AND THE ORIGINAL RAISED SEAl!. OF,A, IfLORIDA LICENSED SURVEYOR AND MAPP~R 'f 'v .. This is NOT a Survey, Wi,.lfiller _~;.o:.-=-~ ..........~.~..........~........~~ _.m .xI'..,....... _. ....1'larbto1lMllHdEf . ,.,... ~.,.. ................ ............ IllNIG laX IIllI lC-41 Apr 07, 2006 - 11 :39:033 TOS80RNEIX:\SUR\r;ollier blvd\CH2MHi!~ 1 C-41\Club Estates Drive-Dcvis.dwg 011 ... -' 8CD<o0 3NQ) t5ui5,}, ~>-o" [2g:CDcry WZI-W J:5:S~ !:aua.a. i u ~ co :::l -' Uro ...(;:;", 5-N l:l",~ -'8w ~CDl:l gciif ~ci cry W -' ~ + N I ~ P(18 ' (I I :i~ I I Z I , <C 0 I u 2 ( TRACT GC3 TRACT C19 . ~I "... ........ NO ,:;; bl - ~i L122 Lu .'..t- ......... I"l" .0 0ll'J "'b o Z ~ "'. ......... " "1 O. ll'J0 b'" o ~-, )f121 ! PARCEL : _ ___J 727 U.E. I OR SO OK 1988 I PAGE 230 UNPLATTED a:: w :J i 8 ~ I ~ 2~!lO 100 GRAPHIC SCALE I 200 poc ---. l{) 01 I a:: U3: '-"" cia:: > . ...Jl{) CDN LINE L 121 L122 Parcel 727 SEARING NB9'09'16"W S89'09' 16" E E., Agenda Item February Legal Description Page A portion Section 10, Township 50 South, Range 26 East, Collier County Florida, being more porticularly described os follows. ~o. 10C 7, 2007 5 of 40 + Commencing at the southeast corner of Naples Heritage Golf & Country Club, Phose One, os recorded in Plot Soak 26, pages 73-80 of the Public Records of COllier County, Florida, said point also lying on the westerly right-of-woy line of Collier Boulevard; thence South 00'50'44" West along said westerly right-of-way line, 0 distance of 1312.77 feet to the POINT OF 8EGINNING thence continue South 00"50'44" West along said westerly right -of -way line, 0 distance of 80.37 feet; thence leaving soid line North 89'09'16" West, 0 distance of 40.00 feet; thence North 00"50'44" East, a distance of 80.37 feet; thence South 89'09' 16" East, 0 distance of 40.00 feet to the POINT OF SEGINNING. Containing 3,215 square feet. more or less. EXHIBIT A Page !J9- of...2Z. TEMPORARY DRIVEWAY RESTORATION EASEMENT ;ouAATlON:3~S . NO TrS: 7. This is not 0 survey. 2. Basis of bearing is the West line of Counfy Rood 951 (C.R. 951) being N 00'50'44" r, Florida State Plane Coordinotes NAD 83/90, East Zone. 3. Sllbject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted, 5. Dimensions ore in feet and decimals thereof. 6. Certificate of ollthorization LB 43. 7, R/W represents Right-at-Woy. 8. P.O.B. represents Point ot Beginning. 9. P.O.C. represents Point of Commencement. 70. O.R. represents Official Records. 71. L.B.E. represents Landscape Buffer Easement. 72. U.E. represents Utility Eosement. 73. F.P.L. E. represents Florida Power &: Light Easement. 74. DE represents Drainage Easement. 75. S.E. represents Sidewalk Easement. 16. P. U. E. represen ts .Pllblic Utility Ease men t. '.1 'J { ,~ft/; .~/'} "\ ,,- I ('/0/1': d' L " .:,. .~, ':~ (Jl' DAVID J. H IilTT, '. ,~: (~OR;iTH!J ~rM) ~~T ~~'ID ~iT~OU~ iAB SIG~'i'{jRi AND THE ORIGINAL RAISED sEAt; OF A F'L9.RIDA LlCrNSED SURVEYOR AND MAPPEf/, I " 1 i ,I." This is NOT a Survey. WlI.Mllle, _"'='==-M ,...".... ~............"..,... .~"".... ~c...IIt* -..... 111>>_" >>_...... "'*"'.....".,.,.. ........,.,., ..,.,..".. .... .......... ~ NO! lHEI' N6015-S0U-OOl 727 or X IlIWlIIO IIIlEX NO! lC-41 MY! Apr 05, 2005 - 08:17:20 TOSBORNEIX:\SUR\collier blvc\CH2MH;11\ lC-41\Club Estol.. Dr;v.-aov;s.dwg ~ u.. -' 8!Il<.Oo 3NQJ WU~l ~ 0'" ~>-Of"- a::g:!IlV) lUZ......W :Z::J::i~ (/lOa.if. wU ...J a. ~ o ~I >-1 TRACT RW1 l- I TRACT C19 L125 10' F.P .L.E. OR BOOK 1767\;:(j ~ PAGE 1417__\ :i :i C::::::_:-- tInt:::] I I u ~ PARCEL 728 U') Ol 1 e:: u~ '-'''-.., cia:: I :J en CDN e:: I ~ -1 i 8 ~ I lD :J ...J Uo ~~- 0-"" ~~lXl -,ow <(o~ z!Il<( o . a. ;::::a:: <(. zO (fJ w -' ~ UNPLATTED 1M ...- o 2$:KI 100 GRAPHIC SCALE LINE L123 L124 L125 L126 I 200 Parcel 728 LINE TABLE LENGTH 34.00 58.66 34.00 58.66 I I. ~ -1"-.., <l:a:: z <l:- UO o BEARING N89'09'16"W NOO'50'44"E S89'09' 16" E SOO' 50' 44" W I I POC I SOO'SO'44"W 17.28' I P(/I V I (1 I I Agenda Item February Page o. 10C 7, 2007 6 of 40 Legal Description A portion Section 10, Township 50 South, Range 26 East, Collier County Florida, being more porticulorly described os follows. Commencing at the southeast corner of Naples Heritage Golf & Country Club, Phose One, os recorded in Plot Book 26, pages 73-80 of the Public Records of Collier County, Florida, said point also lying on the westerly right-of-way line of Collier Boulevard; thence South 00'50' 44" West along said westerly right-af-way line, a distance of 17.28 feet to the POINT OF BEGINNING thence continue South 00'50'44" West along said westerly right-of-way line, 0 distance of 58.66 feet: thence leaving said line North 89'09' 16" West, o distance of 34.00 feet; thence North O{)50'44" East. a distance of 58.66 feet., thence South 89'09' 1 6" East, a distance of 34.00 feet to the POINT OF BEGINNING. Containing 1,994 square feet, mare or less. EXHIBIT A PageM of-"L TEMPORARY DRIVEWAY RESTORATION EASEMENT 'DURATlON: 3 YEARS ' "- - ., \ NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and dec::ima/s thereof. 6. Certificate of outhorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. g. P.O.C. represents Point of Commencement. 10. OR. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. UL represents utility Eosement. 13. F.P.LL represents Florida Power & Light Eosement. 14. DE. represents Drainage Easement. 15. S.E. represents Sidewolk Easement. 16. P.U.E. represents Public Utility Easement. J. H TT. .S.M. (FOR THE FIRM) FLA. Lie. O. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi/.Mlller -~=-.=-- l"limln.~.~.......,..~~..,..,.,...~c-brb WItmIlIot'. re Sil:lCl,.,......If1D. ~ RwM~."'" ~4'" ..,..., ....... --""'JIa JIIlDllECT NO: IHEEl' N6015-S0U-OOl 728 01 X ~ NlEX NO: IC-41 Il!Y: Apr 05, 2006 - 08~17:20 TOSBORNElx:\SUR\collier blvd\CH2MHW\ lC-41\Club Estotes Dri...e-Doyis.dwg Parcel 729 TRACT GC6 N !KJ 100 GRAPHIC SCALE NAPLES HERITAGE GOLF & COUNTRY CLU8 PHASE ONE PLAT BOOK 26 PAGES 73-80 t,;.- o 2. I 200 EXHIBIT A Page~ of..dZ NAPLES HERITAGE QRIVE (60' R;W, C.U.E.. o.!;,) TRACT R TEMPORARY CONSTRUCTION EASEMENT DURA nON -.3 YEARS. Legal Description .. . A portion Tract R. Naples Hentage Drive, Naples Hentage Golf & Country Club, Phose One, os recorded in Plot Book 26. Pages 73-80 of the Public Records of Collier County Florida, being more particularly described os follows. Beginning at the southeasterly corner of said Tract R, said point also lying on the south right-of-way line of Naples Heritage Drive, and the beginning of 0 curve to the left. of which the radius point lies South 50'18' 19" West, 0 radial distance of 50.00 feet and hoving 0 chord bearing of North 59'49'25. West, 0 chord distonce of 34.41 feet; thence northwesterly along said south right-aI-way line and the ore, through 0 central ongle of 40'1 S'29., 0 distonce of 35.1.3 feet; thence leaving said line North 00'SO'44" East, 0 distonce of 26.6S feet; thence North 89'09'1 f:' West, 0 distance of 99.89 feet; thence North 00'50'44" East, a distance of 24.00 feet; thence South 89'08'58" East, 0 distonce of 10.00 feet; thence South 00'50'44" West, 0 distance of 8.00 feet; thence South 89'08'58" East, 0 distance of 104.89 leet; thence North 00'SO'44. East, 0 distonce of 8.00 feet; thence South 69'06'S6" Eost, 0 distance of 15.00 feet to 0 point on the eosterly line said Tract R; thence South 00'50'44" West olong said easterly line, 0 distance of 67.49 feet to the POINT OF BEGINNING. Containing .3.259 square feet or 0.0748 acres, more or less. Rev Rev Rev Revised per CH2MHILL Revised per CH2MHILL Revised per CH2MHILL Revised per CH2MHILL 01/07 12/06 , 1/06 04/06 rl ~ I U") ()) I 0:: 2~ '- ciO:: > ' ...JU") CON a::: w :J -l o U o '" U l- ~ l- NOTES: ,. This is not 0 survey. Agenda Item o. 10C Febr~ary 2 , 2007 'lage of 40 I I I I r1 -l~ I <to:: Z <to UO o I - ( 2. 8asis of bearing is the West line of County Rood 951 (C.R. 951) being 5 00'50'44" W, Florida State Plone Coordinates NAD 83/90. East Zone. .3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot. unless otherwise noted, 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Record~,__- 11. L.B.E. represents Londscape"8uffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E, represents Drainage Easement. , 5. S.E. represents Sidewolk Easement. 16. P.U.E. represents Public Utility Easement. 17. C.U.E. represents County ytility Easement DAVID J. H , FLA. LlC. . 5834' . NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA' LICENSED SURVEYOR AND MAPPER . This is NOT a Survey. Wi'-Miller -""=,"..#.=-- ,..,...............,.........".,...,.~AI'cHMII.~~ _tic:. .., My........ . ..... ........ ....."". ,.,.. ........,. Pel ....... . ....... ............. PIDIICI' IICll .... --. IIlIll IICll IllVl N6015-S0U-ODl 729 ar X lC-41 Apr 06, 2005 - 08:17:2Q TOSBORNEIX:\SUR\coWter blvd\CH2MHill\ 1C-41\Clvb Estates Qri....e-Dovis.dwQ LINE TABLE LINE LENGTH BEARING L 128 9.30 SOcr50'44"W L129 19.03 N89'09'16"W L130 19.03 S89'09'16"E L131 8.00 SOO'50'44"W L132 47.35 SOcrSO'44"W L134 57..31 NOcr50'44"E .___ I CEDAR HAMMOCK- - - T} PLAT BOOK 32 I PAGES 91 -108 {110' .B.E. --------.----- -I- ______~_______ ~ I POC 10' C.C.C.BL I:: i~ TRACT o Il() i~ NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 26 PAGES 7.3-80 TRACT M L1.31 L1 I I r! I I ... I") PARCEL 730 {---------- 10' C.C.C.B.E. TRACT C9 I I ~I gl I If) Ol I 0:: 23:: '-- cio:: >" -ILf) CD", 0:: I L:! -I i 8 1EMPORARY~AV RESTORATION EASEMENT 'DURATION: 3 YE!'RS : 4 N 1_ - o 25 50 100 GRAPHIC SCALE I 200 Parcel 730 RW3 3:: -1'-- <to:: z <t ' (.)0 o I lJ I EXHIBIT A Page.i2i. ofJ21.. CURVE C22 C2.3 CH2MHlLL 4 06 SKETCH & DESCRIPTION OF PARCEL 730 A PORTION OF ! I r1 I CHORD BRG. N7~'24'01"W N75'04'S7"E Agenda Item February Legal Descriptian p A portian Tract M, Naples Heritage Golf & cou~~ Club, Phase One, os recorded in Plot Book 26, Pages 73-80 of the Public Records of Collier County Florida, being more particularly described os follows. O. 10C 7. 2007 8 of 40 Beginning at the northeast corner of Tract C8, Naples Heritage Golf & Country Club, Phase One, os recorded in Plat Book 26, poges 73-80 of the Public Records of Collier County, Florida; thence South 00'50'44" West along the west line of said Tract C8, a distance of 9.30 feet; thence leaving said line North 89"09'16" West, 0 distance of 19.0.3 feet; thence North 00'50'44" East, a distance of 57.31 feet; thence Sauth 89'09' 16" Eosl. 0 distance of 19.03 feet ta 0 point on the East line of said Tract M; thence alang said eost line for the following 3 courses Sauth Ocr50'44" West, 0 distonce of 8.00 feet to the point of curve of 0 non tangent curve to the lefl. of which the radius point lies North 00'45'3'" East, 0 rodiol distance of 25,00 feet and having 0 Chord beoring of North 75'04'51 East, a chord distance of 13.51 feet; thence easterly along the ore, through 0 central angle of 31'20'51", 0 distance of 13.68 feet; thence South 00'50'44" West, 0 distance af 47.35 feet to a point an the northerly line of said Tract CS and the point of curve of 0 non tangent curve to the left, of which the rodius point lies South .32'16'3.3" West, 0 radial distance of 25.00 feet and having 0 chord bearing of North 73'24'01" West, 0 chord distance of 13.51 feet; thence westerly along the arc. through 0 centrol angle of 31'20'4S", 0 distance of 13.68 feet to the POINT OF BEGINNING. Containing 1 ,642 square feet, more or less. NOTES; ,. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 8.3/90, Easl Zone. 3. Subject 10 easemenfs, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore in feet ond decimols thereof. 6. Certificate of aufhorization LB 43. 7. R/W represents Right-or-Way. 8. P.D.8. represents Point of Beginning. 9. P.D.C. represents Point of Commencement. 10. O.R. represents Officio I Records. 1,. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.PLE. represents Florida Power & Light fasement. 74. D.E. represents Drainage Easement. 75. SE represents Sidewalk Easement. 16. P.UL represents Public Utility Easement. 17. C.C.C.B.E. represents Callier County Conservotion Buffer Easement , P. . . (FOR THE FIRM) FLA. LlC. N . 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, WiI.Mlller _~==-M ".",.,.,.~.~ ,~."""~.T"""""IbI'Iew..tn WJo_.tlc: *"...,._..IllIl......""'*-~.,... ~./'lu ...........IM-eIr---*'__ PIIDoIECf NllI IHEEI' N6015-SDU-OOl 730 ~ X _ NlIX NllI lC-41 ICY: Apr 06, Z006 - 08: 17:20 TOSBORNE!X:\SUR\colher b!vd\CH2MHil!\ 1 C-41\CJub Estoles Oriye-Oovis.dwg Parcel 7.31 I I I r1r1 J ~ ',~~ I I ~ - I i :~ jv"~ i 20' L.B.E. -l L~ en N I I I 0.:: 10' T.C.E. : I I OR BOOK 3990 --rI Ie-- ...J8~ I PAGE 2786 I I I I TRACT G-19 I I 1!~ CEDAR HAMMOCK I I I PLAT BOOK .32 I I PAGES 91-'08 I I I I PARCEL hi ______j_____2~~_0 50' U.E. OR BOOK 2706 PAGES 2677-2682 -r--- -1--- - -- - ---L . -----r---------- TRACT L-6 '. . TRACT B-' 10' L.B.E. POB 24.26' I NOO' 50' 44" E '----POC ! I I I r----------------l I I I NAPLES HERITAGE GOLF & I ! COUNTRY CLUB : I PHASE ONE I I PLAT BOOK 26 I I PAGES 73-80 I I TEMPORARY DRIVEWAY RESTORATION EASEMENT ',OUAATION:3 y~S . N .....1 I o 2!l $0 100 200 GRAPHIC SCALE LINE TABLE LENGTH 40.28 45.05 49.73 74.22 LINE L135 L136 L137 L138 BEARING N89'09" 6"W N00'50'44" E N 4'56'0 "E S00'50'44"W Revised to odd T.C.E. 04/06 Agenda Item February Page o.10C 7, 2007 9 of 40 Legal Description A portion Tract G-' 9, Cedar Hammock, os recorded in Plot Book 32, Pages 91 - , 08 of the Public Records of Collier County Florida, being more particularly described os follows. Commencing at the southeast corner of Cedar Hammock, os recorded in Plot Book 32, pages 91 - , 08 of the Public Records of Collier County, Florida, said point also lying on the westerly right-of-way line of .Collier Boulevard; thence North 00'50'44" East. along said westerly right-at-way line, 0 distance of 24.26 feet to the POINT OF BEGINNING; thence leaving said line North 89'09'16" West, 0 distance of 40.28 feet; thence North 00'50'44" East, 0 distance of 45.05 leet; thence North 54'56 '09" East, 0 distance of 49.73 teel to 0 point on the the westerly right-ai-way line Collier Boulevard; thence South 00'50'44" West along said westerly right-at-way line, 0 distance of 74.22 teet to the POINT OF BEGINNING. Containing 2,402 square leet, more or less. EXHIBIT A . .. ~&LR ~ NOTES: 1. This is not 0 survey. 2. Bosis of bearing is fhe West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted, 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning, 9. p.o.e. represents Point of Commencement. 10. OR. represents Official Records. 1,. L.B.E. repreSents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida' Power ere Light Easement. 14. DE represents Drainage Easement. 75. S.E. represents Sidewalk Easement, 16. P.U.E:. represents Public Utility Easement. 17. T.C.E. represents Temporary Construction Easement. DAVID J. H, 'ATT, : .M., (FijR~;THE:. FIRM) FLA. LIC. O. 5834 . '.' 'I',' ,,,... .. . NOT VALID WITHOUT ''THe. SICNATURE AND THE ORIGINAL RAISED' StACOF:," k'FLORIDA LICENSED SURVEYOR AND MAPPtR< :',\' . ' '~t!~. 'd .'. -f'- This is NOT a Survey. E" WI/.Mlller _~~'~N l'IMwt.f:IlIlI'lMl'I.fcd::t*ifII.~.~~.~~ _,ne. .....,..........,. ,.,...,..,........".. .........,. .......,. ...... ................ PIIlolECI' NIlI IHIIl' N6016-S0U-OOl 731 Off X ....... IIIllDC NIlI lC-41 111M Apr 06. 2006 - 08;17,20 TOS80RNElx:\SUR\collier blvd\CH2MHHI\ lC-41\Club Estotes Drive-Dovis.dwg CEDAR HAMMOCK PLAT BOOK .32 PAGES 91-108 Parcel 732 ~ TRACT L-7 TRACT 10' TRACT F-4 TRACT L-6 CURVE TABLE CURVE RADI US DELTA LENGTH TANGENT CHORD CHORD 8RG. C24 50.00' 53'07'48" 46.36' 25.00 44,72' N25'43' 11"W C32 543,62' 13'1 '5 " 125,54' 63.05 125,26' N82'26'3'''W C34 523,00' 13'2 '4'5' 122.58' 61.57 122.30' S82'32'26"[ Legal Description A portion Tract A, Cedar Hammock, OS recorded in Plot Book 32, Pages 91 -108 of the Public Records of Collier County Florida. being more particularly described os follows. Beginning at the sautheost corner of said Tract A. said point also being the intersection of the westerly right-of-way line of Collier Baulevard and the southerly right-of-way line of Cedar Hammock Boulevard and the beginning of 0 curve to the left, of which the radius point lies North 89'09'16" West, 0 radiol distance of 5D.00 feet and having a chord bearing of North 25'43' 1'" West, 0 chord distance of 44.72 feet; thence northwesterly along said southerly right-of-woy line of said Cedar Hammock Boulevard and the ore, through 0 central ongle of 53'07'48", a distance of 46.36 feet; thence leaving said line Narth 00'50'44" Eost, a distonce of 26.02 feet; thence North 89"09' 16" West, 0 distonce of .30.00 feet; thence North 00'50'44" East. 0 distance of 6.38 feet; thence North 89'09'16" West, 0 distance of 26.34 feet to the point of curve of a non tangent curve to the right, of which the radius point lies North 00'56'.33" East, 0 radial distance of 543.62 feet, and being subtended by 0 chord having 0 bearing of North 82'26'3'" west and 0 distance of 125,26 feet; thence westerly along the ore, through 0 central angle of 13'13'52", 0 distance of : 25.54 feet; thence North 14" 0'25" East, 0 distance of 20.62 feet to the point of curve of 0 non tangent curve to the left, of which the radius point lies North 14'10'25" East, 0 rodial distance of 523.00 feet, and being subtended by 0 chord hoving 0 bearing of South 82'32'26" East and 0 distance of 122.30 feet; thence easterly along the ore, through 0 central ongle of 13"25'43", 0 distance of 122.58 feet: thence South 89'09'16" Eost, 0 distance of 74.50 feet to the westerly right-of-way line of Collier Boulevard; thence South 00'50'44" West along said westerly Right-of-Way line, 0 distance of 93.00 feet to the POINT OF BEGINNING. Contoining 5, t 93 square feet or 0.'192 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A Rev ~URR~l~~~er C~HJLL YE~~~. Page21 of~ Rev 2) Revised per CH2MHILL 12/D6 Rev 1) Revised per CH2MHILL 1, /06 CH2MHILL 4/06 SKETCH & DESCRIPTION OF PARCEL 732 A PORTION OF SECTION 3, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA tMK COO(: _ 1M aICEIl 1m CAD n..E: GCSOO TMO DJH lC-41 N I m ~ f- Agenda Item February 2 Page I I I (! I (1 .--... I I I I / " u") (J) I a:: 83: ........ cia:: >, ...Ju") alN 3: ...J........ <ea:: Z <e . UO o I I I. o o .-i en a:: w :J --' o ~-W'(l ~~ U . ,., 0 "'>1". W" 1I1 b~~ b U) '" I I bNaJl pos o f- Z U ~ f- I lJ ! ;; LINE L139 l140 BEARING N89'09'16"W NOO'50'44"E NOTES: 1, This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 00'50'44" W, Florida Stote Plane Coordinates NAD 83/90, Eost Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shcwn hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization lB4J:' 7. R/W represents Right-of-:Way. 8. P,O,B. represents Point of Beginning. 9. D-E. represe.nts Drainoge Eosement, 10. L.M,E. represents Lake Mointenance Easement. 11. C.U.E, represents County Utility Easement. ~t Vw'Y\fI DAVID J. HYATT.lJp. (FOR THE FIRM) FLA. Lie. NO. (/33 ", NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISro SEAL OF A FLORIDA LlCENSE:D SURVEYOR AND MAPPER This is NOT a Survey, Wi/.Miller -""='==-- ,...,...,..~.~.an.,.n.~~.T~~ _.ilc;. PlWECl' NO: N6015-S0U-OO 1 3JlI'''''"",,,, I'JO . __ I'trttt""" .".. ~ . ~ ,...,..... ...... ........GI OFX Apr 06. 2006 - 08~ 17',20 rOSBORNE1x\ SUR.\collier bIVd\CH2MHill\' C-41\Club Estates Drive-Dovis.dwg IHEET 732 _ INDEX NO: lC-41 o.10C ,2007 of 40 N I '00 III.\Il Agenda Item No. 100 February 27, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street and Woodcrest Drive from ImmokaIee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000 OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or perpetual or temporary easement interests necessary for the expansion and construction Woodcrest Drive, Massey Street and a loop road connection to the existing Tree Farm Road (Project No. 60171 ). CONSIDERATIONS: Roadway improvements are for the construction and expansion of Woodcrest Drive, Massey Street and a loop road to connect to the existing Tree Farm Road. An aerial map of the project is attached depicting the project corridor and the remaining right-of-way acquisition parcels. Staff anticipates receiving as donations, most of the necessary parcels of right-of-way through compliance with Developer Contribution Agreements and purchasing through negotiated settlement three parcels. This project is expected to go to construction during calendar year 2008; therefore, the right-of-way parcels must be purchased before that time, In order to satisfy time commitments, the right-of-way department must begin preliminary acquisition work. Adoption of the attached Resolution will provide staff with the Board's authorization to secure title work, obtain independent real estate appraisals, and to negotiate for the purchase of the required right-of-way. FISCAL IMP ACT: Staff estimates the total cost to acquire the necessary right-of-way may run as high as $1,200,000, However, this figure is only an estimate, In the event that condemnation can be avoided, and all of the impacted right-of-way can be purchased through negotiated settlements, at or near market value for the property required, the total right-of-way cost is estimated to be $1,000,000 and will be funded by the Transportation Supported Gas Tax Fund and the Road Impact Fee Fund, Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: The expansion of Tree Farm Road and Woodcrest Drive (Project No. 60171) is an integral part of Collier County's Growth Management Plan. RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution; 2, Authorize its Chairman to execute same on behalf of the Board; and 3, Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachment: (1) Gift and Purchase Resolution; (2) Right-of-way Acquisitions for Project 60171 Map Item Number: Item Summary: Meeting Date: Agenda Item NO.1 00 February 27, 2007 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction 01 roadway, drainage and utility Improvements required for the extensIOn of Tree Farm Road from Davila Street to Massey Street and Wooacrest Drive trom Immokalee Road to Tree Farm Road (Project No. 60171). Estimated flscallmpacl $1,200,000.00 (Norman Feder, Administrator, Transportation Services) 2/27/2007900:00 AM Date Prepared By Lorraine Lantz Transportation Services Right Of Way Coordinator TECM-ROW 216120075:10:47 PM Date Approved By Najeh Ahmad Transportation Services Oi rector Transportation Engineering & Construction Management 21121200711:09 AM Date Approved By Lisa Taylor Transportation Services ManagemenUBudget Analyst Transportation Administration 2112120073:39 PM Date App roved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TECM-ROW 2/12120074:56 PM Date Approved By Nick Casalanguida Transportation Services Project Manager Transportation Planning 2114/2007 9:48 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 2115/2007 1 :04 PM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2115120072:40 PM Date Approved By Pat Lehnhard Transportation Services Executive Secret.ary Transportation Services Admin 2115/20072:54 PM Date Approved By OMB Coordinator County Managers Office Administrative Assistant Office of Management & Budget 2115120073:12 PM Date Approved By Michael Smykowski County Manager's Office Management & BUdget Director Office of Management & Budget 2116/20074:43 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 21201200710:21 AM .-".......... ROW Acquisitions For Project 60171 Agenda Item NO.1 00 February 27, 2007 "Page 3 of 7 \' ~~; 1 , . \"'4~ ",_ I " ~. '\ l \ i '--......gUARTZ IN Agenda Item NO.1 00 February 27,2007 Page 4 of 7 RESOLUTION NO. 2007. A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND AND/OR EASEMENTS FOR THE CONSTRUCTION OF A 2-LANE SEGMENT OF WOODCREST DRIVE FROM IMMOKALEE ROAD TO TREE FARM ROAD AND THE CONSTRUCTION OF A 2-LANE SEGMENT OF TREE FARM ROAD FROM DAVILA STREET TO MASSEY STREET. WHEREAS, roadway improvements consisting of the 2-laning of Woodcrest Drive extending south from Immokalee Road to Tree Farm Road for approximately one mile and the 2-laning of Tree Farm Road extending east from Davila Street to Massey Street for approximately one-half mile (hereinafter referred to as the "Project") are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County; and WHEREAS, the Project is a part of Collier County's official Road Network, and is a part of the long range plan for transportation infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the Project is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objecti yes of the Growth Management Plan for Collier County. 3. It is necessary and in the best interest of Collier County for the Board to acquire right-of-way and storm water retention sites in either fee simple or as special purpose easements within the project corridor identified on Exhibit "A" (attached hereto by reference made a part hereof) as best suits the needs of the project; and County Staff is hereby authorized and directed to acquire said right-of-way and stormwater retention sites by either gift or purchase, 4. The Board hereby directs the County Manager or his designee to use independent appraisal reports and/or internal compensation estimates ("in-house" appraisals) as the basis for making purchase offers to property owners. 5. The Board hereby authorizes the County Manager or his designee to approve right-of-way and stormwater retention site purchases where the property owner has agreed to sell the required land -Page 1- Agenda Item NO.1 00 February 27,2007 Page 5 of 7 rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value. 6. The Board hereby authorizes its Chairman, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements for right-of-way and/or storm water retention sites where the property owner has agreed to sell the required land rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. Said settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 8. Where the property owner agrees to convey a necessary interest in real property to the County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon the proper execution by the property owner of such legal instruments as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, and to others who may possess an equitable interest in the subject right-of-way parcels or storm water retention sites, in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this _ day of second and maJority vote. . 2007, after motion, A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Clerk JAMES COLETTA, CHAIRMAN -Page 2- Approved as to fonn and Je~td:icirC>~ Heidi F. Ashton Assistant County Attorney .- Agenda Item No, 10D February 27,2007 Page 6 of 7 -Page 3- ROW Acquisitions For Project 60171 Agenda Item No. 100 February 27, 2007 ''Page 7 of 7 '\ ~); 1 , \ \ 14~' . I ..... - ..... EXHIBIT p~ of Agenda Item No. 10E February 27,2007 Page 1 of 83 EXECUTIVE SUMMARY To seek Board approval of a State Infrastructure Bank Loan Agreement in the amount of $12,000,000, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter into and execute these agreements with the Florida Department of Transportation to be used for the I-75/Immokalee Road Interchange Loop Project. OBJECTIVE: The objective is to approve the State Infrastructure Bank Loan agreement to fund the I-75/Immokalee Road Interchange Loop Project as part of the I-75 six laning that is programmed to start by late spring/early summer. In addition, the Board is being asked to approve the amended lump sum agreement that was originally approved by the Board last May but has been revised to have the loan sent directly to FDOT District One instead of having FDOT send us the money and then have us forward it back to FDOT. CONSIDERATION: Over the last two years the County has been working with the Florida Department of Transportation (FDOT) to construct an eastbound to northbound loop and to construct six lanes on Immokalee Road under the 1-75 overpass. The original intent of this project was to include these improvements in the Immokalee Road designlbuild project, which is now underway, but ultimately that was not approved by the Federal Highway Administration (FHW A) who wanted the FDOT to do the project. Based on this direction from FHW A, the project is now included in the I-75 design/build construction project that is projected to begin within the next three months. The total construction cost of the Interchange improvements is now estimated to be $25 million (not including right-of-way costs) but the County previously negotiated the cost that will not exceed $16,521,450 no matter how the bid comes in (and this sum is reiterated in the amended lump sum agreement). The County's portion of the project is funded in the five year work program based on a State Infrastructure Bank Loan that has been obtained by staff for $12,000,000 at 2% interest to be paid back over five years starting in 2009. The overall cost of this project was also offset from a $4.9 million TRIP grant, $2,5 million from FHW A and the donation of a little more than four acres of right-of-way from the development at the southeast quadrant ofl-75 and Immokalee Road, The State Infrastructure Bank loan payment will be made to District One by the FDOT Central office for use on the project and the County will pay the $4,521,450 difference to an escrow account to meet the negotiated cost identified in the original and amended Locally Funded Agreement. The original Lump Sum Agreement was approved in May of 2006 and now we are following up with the State Infrastructure Bank loan to proceed with the project. The amended Lump Sum Agreement is also included so that we do not go through an extra step where we receive the $12,000,000 from Tallahassee only to turn it around and send it to District One to do the project. '-, The bids for 1-75 are due on February 23,2007 and all indications from FDOT are that they will receive a good bid and will proceed with the I-75 design/build project which includes I Agenda Item NO.1 OE February 27. 2007 Page 2 of 83 the design and construction of the I-75/Immokalee Road loop along with the six laning under the I - 7 5 overpass. FISCAL IMPACT: The County portion of this project is $16,521,450 and the funding is programmed in this fiscal year and is coming from the State Infrastructure Bank Loan, impact fees and gas taxes. GROWTH MANAGEMENT: This project is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan, RECOMMENDATION: That the Board approve the State Infrastructure Bank Loan Agreement, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter into and execute the agreements with the Florida Department of Transportation to fund and build the I-75/Immokalee Road Loop project. Prepared by: Donald L. Scott, Director, Transportation Planning Attachments: 1) SIB Agreement, 2) FDOT's Interchange Operations Study to be attached to the SIB agreement, 3) Amended Locally Funded Agreement, 4) Resolution 2 Item Number: Item Summary: Meeting Date: Agenda l1em NO.1 DE February 27, 2007 Page 3 of 83 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E To seek Board approval of a State Infrastruclure Bank Loan Agreement In the amount of 512,000,000, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter mto and execute these agreements with the Florida Department of Transportation to be used for the 1.75/lmmokalee Road Interchange Loop Project. (Norman Feder. Administrator, Transportation Services) 2/27/20079:00,00 AM Date Approved By Donald L. Scott Transportation Services Transportation Planning Director Transportation Planning 2113/200710;56 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin, 2/13/20073:43 PM Date Approved By Scott R. Teach County Attorney Assistant County Attorney County Attorney Office 2/14/200711:11 AM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2114120075;16 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 2115/200710:11 AM Date App roved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15120073:15 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 2116/200710:10 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2120/20075:06 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20120077:52 PM Agenda Item No. 10E February 27, 2007 Page 4 of 83 1-75/IMMOKAlEE ROAD (CR 846) INTERCHANGE OPERATIONAL ANALYSIS REPORT COllIER COUNTY, FLORIDA FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT ONE APRIL 2005 Agenda Item No. 10E February 27, 2007 Page 5 of 83 TABLE OF CONTENTS 1.0 INTRODUCTION ............................................................................................................. 1 1,1 PURPOSE OF STUDy"...,.,."..,..."..,..,.....,....,.,.....,.., ............,.".,..".....,......,.... ........ .........",." ,1 1.2 PROJECT LOCATION,..",.....,..,."....,..,.,..,..,..,..".,.. ........ ......,.,.".,..."..,...,.."" ........'.... .........".1 1,3 EXISTING INTERCHANGE CONFIGURATION ................... ....,....., ................ ........,................3 2.0 ALTERNATIVE IMPROVEMENT CONCEPTS ............................................................... 5 2,1 ALTERNATIVE 1 CONFIGURATION.................,.........,....,.. .................................. ..,.'....... .......5 2.2 ALTERNATIVE 2 CONFIGURATION,........,.... '..,.,..,.,...."...... ........... ........ ....,..". ..,......"..".... ..,5 2,3 ALTERNATIVE 3 CONFIGURATION......,....."....,..,....,... ............,....,..,..."....,... ..............."",.".6 2.4 ALTERNATIVE 4 CONFIGURATION,....,..,....,.."..,......, ..................,......,.,...,.. ......... .............",.6 2,5 PROPOSED TYPICAL SECTION UNDER 1-75........................,..,..............................,........,..11 3.0 1-75 MAINLINE TRAFFIC OPERATIONS .....................................................................12 3.1 2004 MAl NLINE OPERATIONS............ .......................,..........,........,..........,.....,.................. ...12 3,2 2014 MAl N LI NE OPERATIONS...........,.......................................................,................,......... 16 3.3 2024 MAl NLI NE OPERATIONS....................................,........,.........................,...................... 17 4.0 PRELIMINARY CONSTRUCTION COST ESTIMATES AND RIGHT OF WAY REQU IREMENTS.......................................................................................................... 19 5.0 RECOMMENDED ALTERNATiVE............. ................. .................. ..... ............... ..... ....... 24 6.0 1-75 RAMP TERMINAL INTERSECTION OPERATIONS ............................................. 26 6.1 2004 INTERSECTION OPERATIONS ......... ..... ............,....,..... ........... .............,....,........... ......26 6,2 2014 I NTERSECTION OPERATIONS..,..,..,..,.."......"..,.,..,... ..... ........ ......... ......... ....,'...,..,." ..28 6.3 2024 INTERSECTION OPERATIONS....."..........,.,.,.. ...,.... ..... ,......., ......., ......................""".,30 7.0 SUMMARY.. ........... ............... .................. ... .................. ......... .............. ......... ........... ......32 LIST OF FIGURES FIG URE 1-1: PROJ ECT LOCA TI ON.. .. . .. , ....... . . . .. .. .., . .. .. .. .. .. .. .. .. .. , . . .. ,.. . .. , . . .. .. .. . .. .. .. .. .. .. , .. ... . .. .2 FIGURE 1-2: EXISTING INTERCHANGE...,..................,....................,........... ...............,..... .....4 FIGURE 1-3: EXISTING TYPICAL SECTION..........,....,....................,........................,..............3 FIGURE 2-1 : ALTERNATIVE 1...,.........,...........,...... ,..........,...................,................,........, ....7 FIGURE 2-2: ALTERNATIVE 2.....",.".,....",.....".,.",.,......,.......,..",."..,..".,.,..,..,......"."........8 FI GURE 2-3: ALTERNATIVE 3...........,....,..................................................,..,.., .. ... ... .. .. .. .. .. ..9 FIGURE 2-4: ALTERNATIVE 4."...., ,..,',.,....""....",..,.""..""",..,..., .."".." '..." '.,.,.",..""... ...1 0 FIGURE 2-5: PROPOSED TYPICAL SECTION""""..,.",.,.....,........,....".,....,.........,...,."...".., ,11 FIGURE 3-1: 2004 DESIGN HOUR VOLUMES.",.....,...,.........,.....,........".."..,.....""..,...,.", ....13 FIGURE 3-2: 2014 DESIGN HOUR VOLUMES...",.,......",.""..".."...,...."...,..,.,...,.....,..,."",. ..14 FIGURE 3-3: 2024 DESIGN HOUR VOLUMES,.,.......,..."""",..",...,..".".",...",......"....""..,. ..15 Agenda Item No. 10E February 27,2007 Page 6 of 83 LIST OF TABLES TABLE 3-1: YEAR 2004 PEAK HOUR MERGE AREA OPERATIONS- HCS ANALYSIS SUMMARy.........,....... .................. .........,.. .......... ..,...........,.. ..12 TABLE 3-2: YEAR 2014 PEAK HOUR MERGE AREA OPERATIONS- HCS ANALYSIS SUMMARY,. .... ".. .,.,....", ,. "". .,.. .." .,..,.". ... .",... ".., ..., ...."..." ,.17 TABLE 3-3: YEAR 2024 PEAK HOUR MERGE AREA OPERATIONS- HCS ANALYSIS SUMMARY, ........,................................,..........,........., ..,........ ..17 TABLE 4-1: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE- ALTERNATIVE 1,. ....... ..... ." .".... ..... ",. ,.,...,. ." ."" '" ... """. ,..",....., ",.".. "" .". ,.20 TABLE 4-2: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE- ALTERNATIVE 2.."".".,.,.,.""",.,..,.,."",.,...",."..",.,.,.,.."".",.",......""...,.,.,. ,21 TABLE 4-3: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE- ALTERNATIVE 3."....,......."............ ..,..,......,...,.",....."".,."".....,.,....,.."""",. ,22 TABLE 4-4: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE- ALTERNATIVE 4."...,.........".,...........,............,..,........,...,."."...... n..."..".....,. ,23 TABLE 5-1 : ALTERNATIVES EVALUATION MATRIX. ,.. ,.."" .,.... .... '" ."". ........."" ...... .."., ,....24 TABLE 6-1: 2004 PEAK HOUR RAMP TERMINAL INTERSECTION OPERATIONS - EXISTING GEOMETRy................,.........,.........,...,....................."..,............,.. .27 TABLE 6-2: 2014 PEAK HOUR RAMP TERMINAL INTERSECTION OPERATIONS COMPARiSON,..".....,.",.",....,...,.."...,....,..",."". ,.,.,..,."" ...",. ..29 TABLE 6-3: 2024 PEAK HOUR RAMP TERMINAL INTERSECTION OPERATIONS COMPARiSON,........",....,.........",....""."".,...."....",........." ......31 11 Agenda Item No, 10E February 27, 2007 SECTIOl\Rage 7 of 83 INTRODUCTION 1.0 INTRODUCTION 1.1 PURPOSE OF STUDY The Florida Department of Transportation (FDOT) District One is requesting approval of a proposed geometric improvement at the Immokalee Road interchange on Interstate 75 (1-75) in Collier County. The 1-75/lmmokalee Road interchange is currently experiencing congestion during the peak periods and this congestion is expected to increase in the future as residential and commercial development continues to occur in Collier County. Consequently, there exists a need to provide some additional capacity at this interchange to improve the current peak period traffic operations as well as future year peak hour traffic operations, The purpose of this Interchange Operational Analysis Report (IOAR) is to document the process that was used to identify the recommended geometric improvement concept for the I-75/Immokalee Road interchange, Included in this IOAR is a discussion of the existing I-75/Immokalee Road interchange configuration, an operational analysis of four alternative geometric improvement concepts, documentation of preliminary construction cost estimates and right-of-way requirements for the four alternative concepts and a recommendation regarding which of the four alternative improvement concepts should be implemented at this location, 1.2 PROJECT LOCATION The I-75/Immokalee Road interchange is located in the northern portion of Collier County. This interchange is located at milepost 60.448 and is the northemmost interchange in Collier County. The 1-75/Immokalee Road interchange is approximately 4,3 miles north of the I-75/Pine Ridge Road interchange and approximately 4,0 miles south of the I-75/Bonita Beach Road interchange in southern Lee County, Immokalee Road is an east-west arterial that extends from US 41 on the west to east of the Collier/Hendry County line on the east. The closest north/south roadway to the I-75/Immokalee Road interchange is Northbrooke Drive (located approximately 0.25 miles east of the northbound 1-75 on-/off-ramps). Figure 1-1 illustrates the location of the existing 1- 75/Immokalee Road interchange and the existing interchange spacing along 1-75. There is an existing canal located on the north side of Immokalee Road. This canal parallels the roadway until it reaches the vicinity of the southbound 1-75 off-ramp where it turns northward and extends for a distance of approximately 1,650 feet. At this point, the canal turns eastward and crosses under 1-75, After crossing 1-75, the canal turns southward and follows the alignment of the northbound 1-75 on-ramp until it approaches Immokalee Road. At this point, the canal once again follows an east-west orientation. There are existing residential and commercial developments located in the northeast and northwest quadrants of the interchange, immediately adjacent to the canal. The southeast and southwest quadrants of the interchange are currently undeveloped, however, Collier County has recently approved the proposed Tarpon Bay Plaza development. This approved development is located in the southeast quadrant of the interchange. 1 Wf'-(",) OOCO ..-O~ .N 0 o _@Z Zf'-.-.O N~""" E >-C5'G 2 CoM':::;) -::It'""Q ro'-uo -o..oUJo:: CQ)Ulf- Q)LL Z OJ ...... <( 4: . , . J , ~ I . I . , . I L :...-. ).. . I- I'.~ {tI ~.,. -""0 ., I~:~ . I . I . . .' . 'W :-~t"l ,:'~'i;,2~'\.., t,~tr '. 'w . : . = .:! ~ ... 0 ~ - ... ~ ..... 0 N - "t) i:o.. CO .... I 0 .... Q:: ~ - Q) ::l Q) 0) ~ ~ l:: ~ Cts Cts ~ .t: 0 ~ E ~ oS .s ......... I.t') r-..... ..!. " -i III l) It c: :I :I 0 .c:: o U l;,) U ... III CIJ t .! Q';I :::: _..s .oJ 0 .- " 'l:l s:: III I .B 0 It CIJ ~ I -: -: is: L ::e ::e CIJ (:) .., t: J ... ... it - - Agenda Item No. 10E February 27, 2007 SECTIO~ge 9 of 83 INTRODUCTION 1.3 EXISTING INTERCHANGE CONFIGURATION I-75 is currently a four-lane limited access freeway north and south ofImmokalee Road with a current posted speed limit ono mileslhour (mph), Immokalee Road in the vicinity of the interchange is currently a four-lane divided arterial with a posted speed limit of 45 mph. The existing 1-75/lmmokalee Road interchange configuration is a diamond interchange with single lane on-ramps and single lane off-ramps in all four quadrants. Both of the 1-75 ramp terminal intersections are signalized and there is approximately 500 feet between these two signalized intersections, Figure 1-2 illustrates the existing 1-75/lmmokalee Road interchange, The single lane northbound and southbound off-ramps widen out to provide 850-foot dual left- turn and dual right-turn lanes, Dual left-turn lanes are also provided for the eastbound Immokalee Road to northbound 1-75 movement while a single left-turn lane is provided for the westbound Immokalee Road to southbound 1-75 movement. The eastbound left-turn lanes extend back to the west a distance of approximately 1,155 feet from the southbound 1-75 ramp terminal intersection. The westbound left-turn lane extends back to the east a distance of approximately 150 feet from the northbound 1-75 ramp terminal intersection. The ImmokaleeRoadIN orth brooke Drive intersection is located approximately 1,200 feet east ofthe southbound 1-75 ramp terminal intersection and is also currently signalized. Single lane left-turn and right-turn lanes are provided on Immokalee Road in both the eastbound and westbound directions at this intersection. Figure 1-3 illustrates the existing typical section for Immokalee Road underneath 1-75. Currently, there are four 12-foot through lanes (two in each direction), two 11.5-foot left-turn lanes in the eastbound direction, one 1l,5-foot left-turn lane in the westbound direction and a six-foot raised median separating the left-turn lanes, The 1-75 bridge over Immokalee Road is a three-span bridge with a 99-foot center span and two 37.5-foot end spans, There is also a sidewalk located on the south side ofImmokalee Road immediately adjacent to the bridge pier, I' 37.5 . l 99' T 37.5 . It. IMMOKAL.EE ROAD 95,5 . 12' 12' 11.5' 11.5'1 6' 11.5' 12' 12' ~~'I~I~ Figure 1-3: Existing Typical Section Immokalee Road Under 1-75 Looking West 3 LL/t'-C'J OOCO ~O~ .N 0 o -0 Z~...- E >>Q.J Q.J....OJ .....cucu -::::lo.. cu.... -0.0 ,-Q.J (jjLL OJ <( ~ J III ~ ~ ~ () II: ~ ~ ~ ~ i: III S w Cl: :> '" iL .. .. '" ::. .. u ~ :::: .. u -.J ~ :? <t ~ 8 zt: '" O~ )- t::r ~. i z~ 3: cr::w W~N I-~;; Z>-~:;:: _t<t"'''''' ., (f)C~~ ~~ii~~ _>OCI'JOJ .J -u:-- ~ ~ ..,- Agenda Item NO.1 OE February 27, 2007 SECTIO~ag~ 11 of 83 ALTERNATIVE IMPROVEMENT CONCEPTS 2.0 ALTERNATIVE IMPROVEMENT CONCEPTS Four alternative interchange improvement concepts were developed to alleviate the existing peak period congestion levels at the 1-75/1mmokalee Road interchange, These alternative improvement concepts are described in the following sections. It should be noted that none of the alternative improvement concepts include any geometric modifications to the southbound 1-75 off-ramp or the southbound 1-75 on-ramp. 2.1 ALTERNATIVE 1 CONFIGURATION Alternative 1 provides a single lane loop ramp with a 230-foot radius for the eastbound Immokalee Road to northbound 1-75 movement. The design speed associated with this loop ramp is 30 mph, This loop ramp joins the northbound 1-75 mainline approximately 200 feet south of the northbound 1-75 bridge over Immokalee Road and adds an additional access point to the 1-75 mainline. The provision of this loop ramp requires the widening of this existing bridge. A 1,350 -foot parallel acceleration lane and a 300-foot taper are provided with this ramp to allow the loop ramp vehicles to accelerate from 30 mph to 70 mph, Due to the length of this on-ramp, the westbound Immokalee Road to northbound 1-75 ramp gore is shifted 100 feet north of its current location, This northern shift in gore location impacts the width of the shoulder on the northbound 1-75 bridge over the canal. Consequently, this bridge would also be widened to the outside and a lO-foot outside shoulder would be provided, The provision of this loop ramp also requires a shift of the existing northbound 1-75 off-ramp. The existing signalized intersection on the east side of the interchange is shifted approximately 300 feet further to the east and the existing northbound 1- 75 off-ramp gore is shifted approximately 100 feet further south, With the eastward relocation of the signalized intersection on the east side of the interchange, the total length that can be provided between the two ramp terminal intersections for the single westbound left-turn is approximately 700 feet. A I" = 300' scale concept drawing depicting Alternative 1 is provided in Figure 2-1. 2.2 ALTERNATIVE 2 CONFIGURATION Altemative 2 provides a single lane loop ramp with a 320-foot radius for the eastbound Immokalee Road to northbound 1-75 movement. The design speed associated with this loop ramp is 35 mph. This loop ramp joins the northbound 1-75 mainline approximately 300 feet south of the northbound 1-75 bridge over Immokalee Road and adds an additional access point to the 1-75 mainline, The provision of this loop ramp requires the widening of this existing bridge. A 1,230- foot parallel acceleration lane and a 300-foot taper are provided with this ramp to allow the loop ramp vehicles to accelerate from 35 mph to 70 mph, Since the loop ramp in Alternative 2 joins the 1-75 mainline 100 feet further south of the location where the Alternative I loop ramp joins the 1-75 mainline and a slightly shorter acceleration lane is required with the 35 mph loop, the location of the gore for the existing northbound 1-75 on-ramp (serving the westbound Immokalee Road traffic) would remain unchanged. This would eliminate the need for any outside widening ofthe northbound 1-75 bridge over the canal. The provision of a 320-foot radius loop ramp in the southeast quadrant of the interchange will also require a shift of the existing northbound 1-75 off-ramp, The existing signalized intersection 5 Agenda Item NO.1 OE February 27,2007 SECTIOl5lag~ 12 of 83 ALTERNATIVE IMPROVEMENT CONCEPTS on the east side of the interchange is shifted approximately 450 feet further to the east and the existing northbound 1-75 off-ramp gore is shifted approximately 630 feet further to the south, A 1" = 300' scale concept drawing depicting Alternative 2 is provided in Figure 2-2, 2.3 ALTERNATIVE 3 CONFIGURATION Alternative 3 provides a single lane loop ramp with a 320-foot radius for the eastbound Immokalee Road to northbound 1-75 movement. The design speed of this loop ramp is 35 mph. Unlike Alternative 2, this loop ramp does not join the northbound 1-75 mainline south of the existing bridge over Immokalee Road. Instead, this loop ramp runs parallel to the northbound 1- 75 mainline and crosses over Immokalee Road on a separate structure. Approximately 400 feet north of this new bridge, a realigned westbound Immokalee Road to northbound 1-75 on-ramp merges with the loop ramp, The resulting single lane on-ramp accommodating both eastbound and westbound Immokalee Road traffic merges with the northbound 1-75 mainline similar to the existing condition, however, the northbound 1-75 on-ramp gore is shifted 100 feet north of its current location, This northern shift in gore location impacts the width of the shoulder on the northbound 1-75 bridge over the canal. Consequently, this bridge would need to be widened to the outside and a 10-foot outside shoulder would be provided. This bridge widening is the same as the widening previously discussed with Alternative 1. The existing signalized intersection on the east side of the interchange is shifted approximately 520 feet to the east of its current location and the existing northbound 1-75 off-ramp gore is shifted approximately 680 feet to the south of its current location. This alternative does not add any additional access points to the northbound 1-75 mainline, A I" = 300' scale concept drawing depicting Alternative 3 is provided in Figure 2-3. 2.4 ALTERNATIVE 4 CONFIGURATION Alternative 4 provides a single lane loop ramp with a 230-foot radius for the eastbound Immokalee Road to northbound 1-75 movement. The design speed of this loop ramp is 30 mph, Similar to Alternative 3, this loop ramp runs parallel to the northbound 1-75 mainline and crosses over Immokalee Road on a separate structure. Approximately 400 feet north of this new structure, a realigned westbound Immokalee Road to northbound 1-75 on-ramp merges with the loop ramp. The resulting single lane on-ramp accommodating both eastbound and westbound Immokalee Road traffic merges with the northbound 1-75 mainline similar to the existing condition, however, the northbound 1-75 on-ramp gore is shifted 100 feet north of its current location. This northern shift in gore location impacts the width of the shoulder on the northbound 1-75 bridge over the canal. Consequently, this bridge would need to be widened to the outside and a I O-foot outside shoulder would be provided. The existing signalized intersection on the east side of the interchange is shifted approximately 350 feet to the east of its current location, while the existing northbound 1-75 off-ramp gore is shifted approximately 160 feet to the south of its current location, As is the case with Alternative 3, Alternative 4 does not add any additional access points to the northbound 1-75 mainline, AI" = 300' scale concept drawing depicting Alternative 4 is provided in Figure 2-4. 6 Uj1'-(,,) 0000 ~o '0 ~ ,,";J~ := >. Q) <ii"'0l _CUCU - ::l11. ~~ C(J) (J)LL Ol <( ~ :~i e ... () .. '7 ~ N .. l: ... Q. S IE I, ~n q~ ~3~ It: ... 1111, ~ ~ IE Cl lIfO~ III ~ Cl Cl ~ ~ l: Cl .. ... ~ .. ... ~ ... c: ... >- z w :;; >- w>-~ ;;:~u. a..u:.O l?O~ Z~I i=Il? ~<.9O: x5:o w w wl?lI) >~O Of-o.. :;;~O Wxo:: o::wo.. I >- ::i 0:: >- W > ~WO 0<.9"" <(0..J 05:= o::c:>::; I " -.J ~ '" <r:: 0 (.J Zt: '" O~ ~ ,. I- tr~ 3: Z~ ~ O::~ WZN f- W~ (.J<O Zr~ _t:<< :;z"e "'", __ ~O -J ~u:. ~ ~< 00. ,. ~::E 0< ~I- .. '" ~ '" ! :~l ~ t Ii ~ a ~ ~ LllI'-C'0 ~a 0000 e ... i:: ~ -. ,<",,"0,- OIl Cl g ,N 0 2: 3 " o --q- () 1I::z: ... zS:i""" ~Q,~ E ~~ .,j ~ Cl 'lID ~ 2('0('0 01 - Q -:::lo... Cl ('0'- " "'0.0 II c(l) t (l)lJ.. Cl OJ <( t '" :>0 g ~ ... <> ~ f- Z W >- as>-~ =<~cL ~~~ Z ' I i=5:<,2 ~<.:JO: Xii:Cl W LlJ w<.:J", >~O Of-o. :;:~O ii!1iSg: --1::; <:(~ Zt O~_ ~ ~~ ~ Z~ ;: 0:::'" wiN r--~~ ~ Z>-f'i:- -~<:~~ ZOO"., ~~~~ -> , .J zi:;)(;j ~. ~~:: o<(UJ<( _I-f-lo- :;; o " z ~ ,., :~i ~ N ! Q WI'-M l'l1l.Q. II! III OOCO e ... ~~= ~'- 0 i: II. Cl (') C) 'II Q Cl :.. 2 Q 'I ~ ~ E ';, Ul =n Ul,-OJ ~ II! ~ _corn -::lQ.. 'II"~ rn'- III g -0..0 . eUl Q (!)LL t OJ <( ~ ~ .. .. ~ ... ~ .. f- Z ~ >- w>-~ ;;:~u. D....{.o (!)o..:. ~":'I f-I(!) ~(!)a:: xa::o w w wl'J(J) >~o Of-a. ::;;~o wxc: C:Wa. I ---1:;: :> <C 0 () Z= Z O~ ::; >- >- t:t~ ;: ;: Z~ ;: 0:::1" WZN I-- w- UO Z;..::; :': _!:c( ~ 2",0 ~a: N ,. _>0 '" ..Jz~ '" ~ ~< e 00. . g~ x 0< ~ ->- J;(X)'Z/I-IIH) f ;r. ~ :~; ! Cl ~ ~ ~ Wt--n ~U 0000 a ... j:1..1l ..,-0,,- 'I g ~ .01 0 ;:... ... o -CD () II: t ~ zS;j..- ~I..~ E >,a.l oilS;: 'ICl- (l)'-Ol 01 Cl _coco Cl -::Jo.. ~ CO..... Cl -aD t c:a.l Q)LL O'l <1: ... .. ~ 8 &I: ~ .... ~ u f- Z W >- a5>-~ ~L:. ~~~ z~:r: >=:r:<2 ~<.9O:: Xii::Cl W UJ w<.9tfl >~o Of-Q :;;~o ~~ii: ---1~ <C: z~ o~. ~ tr~ ~ z~ ~ o::~ WZN r- ~~ ., z~~::: Z.u;o~~ ~~~~ ->-i ,-. .J Zw..Mtol ~, ~~=; o<(W< ..-f-r-l.:.. :; o u Z Agenda Item No. 10E February 27, 2007 SECTIO~ag~ 17 of 83 ALTERNATIVE IMPROVEMENT CONCEPTS 2.5 PROPOSED TYPICAL SECTION UNDER 1-75 Figure 2-5 illustrates the proposed typical section for Immokalee Road underneath 1-75, The proposed typical section provides six 12-foot through lanes (three in each direction), one 11.5- foot left-tum lane (in the westbound direction) and a four-foot raised median underneath the center span. The 2: 1 side slope underneath the end span on the south side of Immokalee Road will be removed to provide a single IS-foot travel lane that will provide access to the loop ramp as well as a six-foot paved sidewalk (with two feet of clearance on both sides), This will require the construction of a retaining wall, Two design variances were identified during the development of the interchange improvement concepts, A design variance will be required for the 15.5-foot median width since Section 2.2 of the Plans Preparation Manual (PPM) states that a minimum median width of 19.5 feet may be used on arterial reconstruction projects where existing curb locations are fixed due to severe right-of-way constraints and the design speed is 45 mph. A second design variance will be required for the shoulder widths, Due to the location of the existing piers and the desire to provide three through lanes in each direction under the center span, there is insufficient width remaining to provide 10- foot outside shoulders, 3n' 99 ' T 37.5 . ') I 15.5" ...... 10' r~. I 12 ' 12' 12' . . 11.5 . 12 . 12 ' 12 . ......... I I I I " ... ... . i~ t t t ~ I ... w I I Q en <t IMMOKALEE ROAD *A variance will be needed for the 2-foot minimum shoulder widths. **A variance will be needed for the 15.5-foot minimum median width. ***A 6-foot sidewalk is provided with a 2-foot clearance on both sides Figure 2-5: Proposed Typical Section Immokalee Road Under 1-75 Looking West 11 Agenda Item No.1 OE February 27, 2007 SECTIOlQag~ 18 of 83 1-75 MAINLINE TRAFFIC OPERATIONS 3.0 1-75 MAINLINE TRAFFIC OPERATIONS The four alternatives described in Section 2.0 were analyzed to determine the projected operating conditions on the northbound 1-75 mainline, Peak hour level of service analyses were conducted for the northbound 1-75 merge areas using the 2000 Highway Capacity Software (HCS), The HCS analyses were conducted for the years 2004, 2014 and 2024 using the peak hour volumes documented previously in the FDOT's May 3, 2001 I-75/Immokalee Road Planning Interchange Study Final Technical Memorandum, Figures 3-1, 3-2 and 3-3 provide the 2004,2014 and 2024 peak hour volumes, respectively, The following sections discuss the results of the 1-75 mainline traffic operations analyses. 3.1 2004 MAINLINE OPERATIONS Northbound 1-75 merge area analyses were conducted for 2004 for the four alternatives to provide an estimate of the levels of service that would be expected to occur if the interchange improvement was already implemented. These analyses were conducted with the two existing northbound 1-75 mainline lanes. The results of the 2004 northbound 1-75 merge area operations analysis are summarized in Table 3-1. The density in the merge area as well as the level of service associated with the estimated density is provided in Table 3-1 along with the merge area volume-to-capacity (v/c) ratio. The vlc ratio is a ratio of the volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp and the maximum desirable volume that can be accommodated in these two lanes. Table 3-1: Year 2004 Peak Hour Merge Area Operations - HCS Analysis Summary Merge Area Maximum LOS VRI2 EB Immokalee Rd. to NB 1-75 4.600 D WB Immokalee Rd. to NB 1-75 4,600 F EB Immokalee Rd. to NB 1-75 4,600 D WB Immokalee Rd. to NB 1-75 4,600 F EB & WB Immokalee Rd. to NB 1-75 4,600 F EB & WB Immokalee Rd. to NB 1-75 4.600 F Actual VR12 = The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars / hour). Maximum VR12 = The maximum desirable volume that can be accommodated in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars / hour). Ratio = (Actual VR12) / (Maximum VR12) Density = The estimated density in the merge influence area (expressed in passenger cars / mile / lane), LOS = Level of Service 12 Wt'-C") OOCO ~o j) '-"",,-r- C>-UJ 2roro -::lD... ~..a ,-UJ (j)LL OJ <{ z+ +- 888'€ €06'€ ---. COOo Oc-')-.:T ......C'\J. Lop '--9 rg9 ...... a^!JO a>tooJq4l.JON ~~l 90~~ 9 -. LP~. iti NCOl.C) I'--.:TCO ......N ...... coco O-.:T co c-')~ 9L-1 +-690'€ lPl'€ ---. "'0 ro o 0::<0' Q)"=::t Q)oo roO:: ~() 0_ E E ...... ~l t8p 889 ~ti 'i c-')...... I'-N COc-') ...... ~ <l.I == = -= ;;.. '"' = = == = .!2,11 ~ M ~ ..... ~ <:> <:> f'l - I f"l <l.I '"' = ~ r.z Wt'-(V) OOCO ,.-0,- + i~~ z ..... . -::lo... ~.D c(]) (])LL 0) .a:: 8APO 8>100JQLllJON I'-C'?I'- L.{')OON LL(~~ ...... L.{')...... ...... +- 9~ ~~l r (;9 ~ L9~ ~ iii 9 ~ ---+ NOOO L6~. C'?om N<'O....... ...... I'- L.{') ......N <.oC'? '" ~ 00<.0 e NN = o. 1'-. -= ;;;.. ;... = 0 .... .... = ,~ '" '1' ~ Cl ...... '1' +- 88L'17 +-L88'8 .... :> N N I 9L-1 ... ~ ;... = 170L'17 -+ 880'17 -+ .~ .... ......~ <.00 ~C'? ...... "'0 co o ~<O Q)~ Q)co co~ ~o 0_ E E ~l ~L9 $<[/ ~ti 1'-1'- C'? ...... ......L.{') N WI'-C') OOCO ~- o :.r.. .....N E ~Q) 2roro -::lo... ro'- -o..c c Q) Q)LL CJ') <( z+ N('I")('I") O~..- L8~l NO)N ..- ~08 8A!JO 8)jOOJQQJJON ~~l.. .89l lOlJ iti 08 ----. 817lT "-0)('1") 0)('1")0 NO) ('I") ..- ..- OSg'g 90S'9 --+ 9L-1 <08' L ~ '/ '\ ?I!J ,\, ..- "0 CO o CX:co Q)~ Q)OO cocx: ...:x: 0 0_ E E ~l.. 8/;>< 8S0'L ~ ti 'i L{) 0) 0..- CD I'-- N ..-l6S'17 888'17 --+ '" <lol := :; '0 > l.< = Q == - .~ '" V') <lol Q ..... .". N Q N ('01 , ('01 <lol l.< = I:lI ~ Agenda Item NO.1 OE February 27, 2007 SECTIOlQag~ 22 of 83 1-75 MAINLINE TRAFFIC OPERATIONS Table 3-1 indicates that the first northbound 1-75 merge area in Alternatives 1 and 2 is projected to operate at Level of Service D with average densities of 28.5 passenger cars/mile/lane (pc/mi/ln) and 29.2 pc/milln, respectively. The second 1-75 merge area is projected to operate at Level of Service F with an average density of 34,8 pc/mi/ln for both Alternatives 1 and 2, Although the estimated density is within the Level of Service D range, the volume of traffic on the 1-75 mainline in the ramp influence area exceeds the maximum desirable volume that can be accommodated by approximately 2.0%. Table 3-1 also indicates that Level of Service F operations would be expected to occur for the one northbound 1-75 merge area present with Alternatives 3 and 4, There is only a minor difference in the merge area density projected to occur with Alternative 3 and 4 compared to the merge area density projected to occur with Alternatives 1 and 2. An analysis of the existing northbound 1-75 on-ramp also indicates that Level of Service F conditions are occurring. In summary, all of the mainline vehicles traveling northbound on 1-75 as well as all of the Immokalee Road vehicles that access northbound 1-75 experience Level of Service F conditions after all ofthe on-ramp traffic has merged with the mainline regardless of the number of on-ramps provided or the design speed of the loop ramp, This result is due to the lack of adequate capacity on the existing 1-75 mainline to accommodate current peak hour traffic volumes, 3.2 2014 MAINLINE OPERATIONS The 2014 northbound 1-75 merge area operations analysis was conducted assuming three mainline lanes on 1-75, The design of the six-lane improvement on 1-75 from Golden Gate Parkway (in Collier County) to Daniels Parkway (in Lee County) is currently underway and construction is scheduled for Fiscal Year 2008/2009. The results ofthe 2014 northbound 1-75 merge area analysis are summarized in Table 3-2 Both the first and second merge areas are projected to operate at Level of Service C in 2014 with Alternatives 1 and 2. The average density in the second merge area is estimated to be 26.0 pc/mi/ln for both Alternatives 1 and 2. Level of Service C operations are also expected to occur in the single merge area associated with Alternatives 3 and 4. If a 1 ,275-foot acceleration lane is provided for this on-ramp the average density in the merge area is estimated to be 27.9 pc/mi/ln (a 7% increase compared to the average density estimated for the second merge area in Alternatives 1 and 2). 16 Agenda Item NO.1 OE February 27,2007 SECTIOPfag~ 23 of 83 1-75 MAINLINE TRAFFIC OPERATIONS Table 3-2: Year 2014 Peak Rour Merge Area Operations - RCS Analysis Summary Merge Area Maximum LOS VR12 EB Immokalee Rd. to NB 1-75 4,600 C WB Immokalee Rd, to NB 1-75 4,600 C EB Immokalee Rd. to NB 1-75 4,600 C WB Immokalee Rd. to NB 1-75 4,600 C EB & WB Immokalee Rd. to NB 1-75 4,600 C EB & WB Immokalee Rd, to NB 1-75 4,600 C Actual VR12 = The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour). Maximum VR12 = The maximum desirable volume that can be accommodated in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour). Ratio = (Actual VR12) I (Maximum VR12) Density = The estimated density in the merge influence area (expressed in passenger cars I mile I lane). LOS = Level of Service 3.3 2024 MAINLINE OPERATIONS The 2024 northbound 1-75 merge area operations analysis was also conducted assuming three mainline lanes on 1-75, The results of the 2024 northbound 1-75 merge area analysis are summarized in Table 3-3. Table 3-3: Year 2024 Peak Rour Merge Area Operations - RCS Analysis Summary Merge Area Maximum LOS VR12 EB Immokalee Rd. to NB 1-75 4,600 C WB Immokalee Rd. to NB 1-75 4,600 0 EB Immokalee Rd. to NB 1-75 4,600 C WB Immokalee Rd. to NB 1-75 4,600 0 EB & WB Immokalee Rd. to NB 1-75 4,600 0 4,600 C* EB & WB Immokalee Rd. to NB 1-75 4,600 0 C* Actual VR12 = The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour). Maximum VR12 = The maximum desirable volume that can be accommodated in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour). Ratio = (Actual VR12) I (Maximum VRd Density = The estimated density in the merge influence area (expressed in passenger cars I mile I lane). LOS = Level of Service 17 Agenda Item NO.1 OE February 27, 2007 SECTIOp:l~~ 24 of 83 1-75 MAINLINE TRAFFIC OPERATIONS The first merge area (i.e., the eastbound Immokalee Road to northbound 1-75 loop ramp) is projected to operate at Level of Service C in 2024 with both Alternatives 1 and 2. The average densities in the merge area are estimated to be 26.5 pc/mi/ln and 27.2 pc/mi/ln for Alternatives 1 and 2, respectively. The second merge area (i.e., the westbound Immokalee Road to northbound 1-75 ramp) is projected to operate at Level of Service D with an average density of 30.5 pc/mi/ln for both Alternatives 1 and 2. Table 3-1 also indicates that the one northbound 1-75 merge area provided with Alternatives 3 and 4 is projected to operate at Level of Service D in 2024. Although the estimated value for the merge area density (33.1 pc/mi/ln) is within the Level of Service D density range, the volume of traffic estimated to be traveling in lanes 1 and 2 in the ramp influence area exceeds the maximum desirable volume that can be accommodated by approximately 2,0%. A detailed review of the HCS analysis of Alternatives 3 and 4 indicates that the volume in lanes 1 and 2 is estimated to be 2,461 pc/hr. Since the total volume on the northbound 1-75 mainline upstream ofthe on-ramp is 4,013 pc/hr, the HCS analysis indicates that only 1,552 pc/hr will be traveling in lane 3 (i.e" the lane closest to the median). The HCS analysis also indicates that the total volume in lanes 1 and 2 immediately downstream of the on-ramp is estimated to be 4,699 pc/hr or approximately 2,350 pclhr/ln. Page 23-4 of the 2000 Highway Capacity Manual indicates that the maximum service flow rates for Level of Service C and Level of Service E on a 70 mph freeway are 1,770 pc/hr/ln and 2,400 pclhr/ln, respectively, The results of the HCS analysis suggest that 2,461 vehicles on northbound 1-75 will choose to experience Level of Service F in the merge area while only 1,552 vehicles will choose to experience Level of Service C. Since the northbound 1-75 mainline upstream and downstream of the on-ramp is operating at Level of Service C and D, respectively and an additional 200 pc/hr could travel in lane 3 and still allow this lane to operate at Level of Service C, it appears that the HCS analysis has overestimated the amount of congestion in the merge area. If the volume in lane 3 is 1,752 pc/hr then the volume in lanes 1 and 2 upstream and downstream of the on-ramp would be 2,261 pc/hr and 4,499 pclhr, respectively, and the merge area density would be equal to 31.5 pc/milln. This volume distribution would result in Level of Service D operations for lanes 1 and 2 ofthe 1-75 mainline (in the merge area) and Level of Service C operations for lane 3 of the 1-75 mainline, Although the results of the HCS analysis conducted for Alternatives 3 and 4 appear to have overestimated the amount of congestion that would occur in the merge area, a second HCS analysis was conducted for these two alternatives assuming a two-lane northbound on-ramp. The two-lane northbound on-ramp analysis was conducted due to the following: . The 2030 Ultimate Improvement Concept for the I-75/Immokalee Road interchange includes a two-lane northbound 1-75 on-ramp; . The 2024 peak hour volume estimated for the northbound 1-75 on-ramp is 2,248 pc/hr. This volume exceeds the approximate capacity of a single lane ramp with a free flow speed between 40 mph and 50 mph. The results of the two-lane on-ramp analysis indicate that Level of Service C operations are projected to occur in the merge area with an average density of 24.2 pc/milln, This average density is slightly lower than the average densities estimated for the loop ramp merge with Alternatives 1 and 2. 18 Agenda Item NO.1 OE February 27,2007 SECTIO~~€! 25 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES 4.0 PRELIMINARY CONSTRUCTION COST ESTIMATES AND RIGHT OF WAY REQUIREMENTS Preliminary construction cost estimates were developed for the four alternative interchange improvement concepts, Construction quantities were first estimated for the following items: · Clearing and Grubbing (acres); · Roadway Excavation (cubic yards); · Embankment (cubic yards); · Full Depth Asphalt Pavement (square yards) · Asphalt Shoulders (square yards) · Milling (square yards) · Overlay (tons) · Bridge Demolition (square feet) · Bridge Construction (square feet) · Retaining Walls {square yards) · Barrier Walls (linear feet) · Guardrail (linear feet) · Curb and Gutter (linear feet) The construction quantities were then multiplied by current unit prices obtained from District One and added together, This subtotal was multiplied by 30% and used as an estimate for maintenance of traffic and mobilization. The maintenance of traffic and mobilization costs were added to the construction quantity cost and this subtotal was then multiplied by 1.15 to account for the cost of contingencies. Tables 4-1 through 4-4 provide summaries of the construction quantities, unit prices and construction costs estimated for Alternatives 1 through 4, respectively, The total construction cost is estimated to range between approximately $3.23 million (Alternative 1) and approximately $4.91 million (Alternative 3), Preliminary right-of-way requirements were also estimated for the four alternative interchange improvement concepts, The number of acres of right-of-way required to construct the interchange are summarized below: * Alternative 1 - 3,32 acres * Alternative 2 - 9.55 acres * Alternative 3 - 10.74 acres * Alternative 4 - 4.04 acres It should be noted that the amount of right-of-way required for drainage purposes (i.e., attenuation, treatment) was not estimated as a part of this study; however, the construction of the loop ramp in the southeast quadrant of the interchange will allow the infield area of the loop ramp to be utilized as a stormwater pond. 19 Agenda Item NO.1 OE February 27, 2007 SECTIO~atl€} 26 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES Table 4-1: Preliminary Conceptual Construction Cost Estimate - Alternative 1 Construction Item Quantity Unit Price Cost Clearing and Grubbing 9.63 acres $8,500,00 $81,855 Roadway Excavation 22,419 c.y $3,00 $67,257 Embankment 40,154 C.Y $5,00 $200,770 Full Depth Asphalt Pavement 17,473 S.Y. $25,00 $436,831 Asphalt Shoulders 8,062 S.Y. $13.00 $104,803 Milling 29,263 S.Y, $4.00 $117,053 Overlay 1,609 Tons ! $65,00 $104,616 Bridge 4,980 S.F $120.00 $597,600 Bridge Demolition 1,530 S.F. $20.00 $30,600 M.S,E, Walls 11,725 S.Y. $25,00 ! $293,125 Barrier Wall 2,200 L.F. $45.00 $90,000 Guardrail (Remove & Reset) 1,100 L.F. $10.00 $11,000 Curb and Gutter 1,200 L.F, $20.00 $24,000 Sub- Total $2,159,510 Maintenance of Traffic 15% $323,927 Mobilization 15% $323,927 ! Sub- Total $2,807,000 Contingencies 15% I $421,000 TOTAL I $3,228,000 20 Agenda Item NO.1 OE February 27,2007 SECTIOlll~1i 27 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES Table 4-2: Preliminary Conceptual Construction Cost Estimate - Alternative 2 Construction Item Quantity Unit Price Cost Clearing and Grubbing 15.5 acres $8,500.00 $131,750 Roadway Excavation 23,045 c.y $3.00 $69,135 Embankment 68,734 C. Y $5,00 $343,670 Full Depth Asphalt Pavement 19,667 S.Y. $25.00 $491,675 Asphalt Shoulders 9,501 S,y. $13,00 $123,515 Milling 29,263 S,Y, $4,00 $117,053 Overlay 1,609 Tons $65.00 $104,616 Bridge 3,420 S,F $120,00 $410,400 Bridge Demolition 1,140 S,F. $20.00 $22,800 M,S.E. Walls 16,075 S,y. $25,00 $401,875 Barrier Wall 2,000 L.F, $45.00 $99,000 Guardrail (Remove & Reset) 1,100 L.F, $10,00 $11 ,000 Curb and Gutter 1,200 L.F, $20,00 $24,000 Sub- Total $2,350,489 Maintenance of Traffic 15% $352,573 Mobilization 15% $352,573 Sub- Total $3,056,000 Contingencies I 15% $458,000 TOTAL I ! $3,514,000 21 Agenda Item NO.1 OE February 27,2007 SECTIOlSlag€} 28 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES Table 4-3: Preliminary Conceptual Construction Cost Estimate - Alternative 3 Construction Item Quantity U nit Price Cost I Clearing and Grubbing 27.75 acres $8,500,00 $235,875 Roadway Excavation 37,419 c.y $3.00 $112,257 Embankment 93,644 C.Y $5.00 $468,220 Full Depth Asphalt Pavement 23,890 S.Y. $25.00 $597,254 Asphalt Shoulders 12,881 S.Y. $13.00 I $167,453 Milling 26,800 S,Y. $4.00 $107,200 Overla y 1,474 Tons $65.00 $95,810 Bridge 7,260 S.F $120,00 $871,200 Bridge Demolition 390 S.F, $20.00 $7,800 M.S,E. Walls 16,075 S,Y. $25.00 $401,875 Barrier Wall 4,152 L.F, $45.00 $186,840 Guardrail (Remove & Reset) 1,100 L.F. $10.00 $11,000 ! Curb and Gutter 1,200 L.F, $20.00 $24,000 Sub-Total $3,286,784 Maintenance of Traffic 15% $493,018 Mobilization 15% I $493,018 Sub- Total ! $4,272,820 Contingencies 15% I $640,923 I TOTAL I I $4,913,743 22 Agenda Item No, 10E February 27,2007 SECTIOlllatl~ 29 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES Table 4-4: Preliminary Conceptual Construction Cost Estimate - Alternative 4 Construction Item Quantity U nit Price Cost Clearing and Grubbing 15.35 acres $8,500.00 $130,475 Roadway Excavation 35,011 C,Y $3,00 $105,033 Embankment 77,998 C.Y $5.00 $389,990 Full Depth Asphalt Pavement 20,772 S,y. $25,00 $519,310 Asphalt Shoulders 10,882 S,Y, $13,00 $141,467 Milling 26,800 S,Y. $4,00 $107,200 Overlay I 1,474 Tons $65,00 $95,810 Bridge 7,260 S,F $120.00 $871,200 Bridge Demolition 390 S,F. $20.00 $7,800 M.S,E. Walls 12,525 S,y. $25.00 $313,125 Barrier Wall 4,052 L.F, $45.00 $182,340 Guardrail (Remove & Reset) 1,100 L.F. $10.00 $11,000 Curb and Gutter i 1,200 L.F. $20,00 $24,000 Sub- Total $2,898,750 Maintenance of Traffic 15% $434,813 Mobilization 15% ! $434,813 Sub- Total $3,768,000 Contingencies 15% I $565,000 . TOTAL : $4,333,000 23 Agenda Item NO.1 OE February 27,2007 SECTIO~ag~ 30 of 83 RECOMMENDED ALTERNATIVE 5.0 RECOMMENDED ALTERNATIVE A comparative evaluation was conducted for the four alternative interchange improvement concepts. As discussed in Section 3,0 of this report, acceptable levels of service are projected to occur on the northbound 1-75 mainline with all four of the alternative concepts. Consequently, the comparative evaluation was conducted based on the following evaluation criteria: . Number of new access points provided on the northbound 1-75 mainline; . Approximate shift in the northbound 1-75 off-ramp and on-ramp gore locations; . Estimated total construction cost; and . Estimated right-of-way required for interchange construction, The specific values for each of the evaluation criteria are summarized in Table 5-1. Table 5-1: Alternatives Evaluation Matrix No. of New Estimated Construction ROW Alternative Access Points Shift in Gore Provided 1 Locations2 Cost Requirements NB off-ramp 1 1 (100 f1. south) $3,228,000 3,32 acres NB on-ramp (100 f1. north) NB off-ramp 2 1 (630 f1. south) $3,514,000 9.55 acres NB on-ramp (No shift req' d) NB off-ramp 3 0 (680 f1. south) $4,913,743 10,74 acres NB on-ramp (100 f1. north) NB off-ramp 4 0 (160 f1. south) $4,333,000 4.04 acres NB on-ramp (100 f1. north) 1 On the northbound 1-75 mainline. No additional access points are provided on the southbound 1-75 mainline. 2 For the northbound 1-75 on-toff-ramp ramps. No shifts in gore locations are required for the southbound on-/off- ramps. As indicated in the table, one additional access point (i.e., on-ramp) would be provided on the northbound 1-75 mainline with Alternatives 1 and 2 while no additional access points would be provided on the northbound I -75 mainline with Alternatives 3 and 4. Although the HCS analysis results indicate that the implementation of an additional on-ramp is not expected to result in an unacceptable level of service on 1-75, the additional on-ramp does have the potential to increase the turbulence on the mainline (especially in the outside through lane), In addition, even though an acceleration lane of adequate length can be provided for the loop ramp vehicles to accelerate from the design speed of the loop (either 30 mph or 35 mph) to the design speed of the mainline (70 mph), the potential does exist for on-ramp vehicles to attempt to merge into the outside through lane on the 1-75 mainline at speeds significantly lower than the mainline vehicle speeds, thus, increasing the potential for accidents to occur, 24 Agenda Item No.1 OE February 27, 2007 SECTIOPla:g~ 31 of 83 RECOMMENDED ALTERNATIVE Alternatives 3 and 4 offer the potential for minimizing the turbulence experienced by 1-75 mainline vehicles and provide additional time and distance for loop ramp vehicles to accelerate prior to merging with the mainline vehicles. With Alternatives 3 and 4, the distance between the point of tangency (PT) of the loop ramp and the beginning of the physical gore on the 1-75 mainline is approximately 1,700 feet and 1,600 feet, respectively, A comparison of the construction cost estimates and right-of-way requirements associated with Alternatives 3 and 4 indicates that Alternative 4 is estimated to cost approximately $581,000 less to construct than Alternative 3 and require approximately 6.7 less acres of right-of-way, Since both the right-of-way requirements and construction costs are lower with Alternative 4 than with Alternative 3, and there are no appreciable differences between these two alternatives with respect to the future traffic operations on the 1-75 mainline, it is recommended that Alternative 4 be approved by the Federal Highway Administration (FHW A). 25 Agenda Item NO.1 OE February 27, 2007 SECTIORag~ 32 of 83 1-75 RAMP TERMINAL INTERSECTION OPERATIONS 6.0 1-75 RAMP TERMINAL INTERSECTION OPERATIONS Additional traffic operations analyses were conducted for the Recommended Alternative (Alternative 4) to document the impact that the proposed interchange improvements are projected to have on Immokalee Road. The traffic operations analyses were conducted for both ramp terminal intersections as well as the Immoka1ee RoadlNorthbrooke Drive intersection using the SYNCHRO and SimTraffic software, Analyses were conducted for the following years and interchange configurations: . Year 2004 - Existing Diamond Interchange Configuration with Existing Immokalee Road Laneage . Year 2014 - Existing Diamond Interchange Configuration with Immokalee Road Improvements . Year 2014 - Recommended Loop Ramp Alternative with Immokalee Road Improvements . Year 2024 ~ Existing Diamond Interchange Configuration with Immokalee Road Improvements . Year 2024 - Recommended Loop Ramp Alternative with Immokalee Road Improvements The 2014 and 2024 analyses were conducted for both the existing diamond interchange configuration as well as the recommended loop ramp alternative to document the differences in traffic operations (i.e., capacity, delay, level of service) projected to occur with the proposed improvement. The 2014 and 2024 analyses were conducted assuming that Immokalee Road would be widened to six lanes both east and west ofthe ramp terminal intersections, Final design plans have already been prepared for the portion ofImmokalee Road from Airport-Pulling Road to the southbound 1-75 on-/off-ramps while the six-laning of Immokalee Road from the northbound 1-75 on-/off- ramps to CR 951 is planned to be a design-build project and will be advertised later this year. The 2014 and 2024 analyses conducted for the recommended loop ramp alternative also include six through lanes (three lanes in each direction) between the 1-75 ramp terminal intersections (i,e" under the 1-75 bridge) as depicted previously in Figure 2-5. The 2014 and 2024 analyses conducted for the diamond interchange configuration do not include six through lanes between the ramp terminal intersections. Due to the locations of the existing bridge piers, there is insufficient space available underneath 1-75 to provide any additional through lanes on Immokalee Road. The following sections discuss the results of these traffic operations analyses, 6.1 2004 INTERSECTION OPERATIONS The 2004 peak hour SYNCHRO and SimTraffic analyses conducted for the existing diamond interchange are summarized in Table 6-1. The volume-to-capacity (v/c) ratios, average delays (expressed in terms of seconds/vehicle) and levels of service estimated with the use of the SYNCHRO software are included in Table 6-1. The SYNCHRO analysis results indicate that the west side of the interchange is operating at Level of Service C with a v/c ratio of 0.65 and an average delay of 25.8 seconds/vehicle while the east side of the interchange is operating at Level of Service B with a v/c ratio of 0.74 and an average delay of 18.4 seconds/vehicle, 26 Wf'-C") ooro .,;:......&;;:: '- o ~ zU'l . ,:0; "- _"~o E >'o):~ 2miItl<C - :::l Ql. ffi CI:l1sLlJa.. ~(l)U'lO illLL Z OJ 0 <!: ~ U LlJ U'l c:: LlJ f- = -l <C = :E c:: LlJ f- a.. :E <C c:: lJ'l I"- , - ~ J. .... Q,j S Q Q,j o CJ) = ... .... '" .~ ~ I '" ::: .:: .... C'J J. Q,j Q., o = .:: .... ~ Q,j '" J. Q,j .... ::: - -; ::: .s J. Q,j Eo-< Q., S C'J ~ J. = Q ::I:: .::c C'J Q,j c.. "T C C N - , \0 Q,j ::c C'J Eo-< V) o ()<(, a:l' a:l I a:lUJa:lO' , . a:l ...J Q) "0 ~en III E E :J V) .~ ~ ftj c: c( C.) lE III Q) ""0 I- ,- EV) .- .... 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OJ ~ c co~ N Q) :5 .9 ~ ~ C")~ 0) c CIl .r:::. tl a:l Iii E CJ) ;S "'It_ cO 0 .... Q) "0 '00 1i5 "'It Q) ..... :s: c:i Q) :5 c o "0 u~ ::J 13 .f: CO Q) U'i Co N ~ .a ~ :g~ c:i-g ::J o .c 1i5 CIl W r-- N .' , i I L{) L{) .L{)CO. 00 .... c: CI) E CI) > o :!: .c: .c: .c: .c: ..... 1'llC.) ~ ..... ~..... ~ ..... C.) ...J ..... ::li..c: ~ ~..c: 0 -'..c: ''''''''..c: I'll ...J '+- .... g 0 Q) .... g -'M. 0 - 0 .3 ~ 0:: a...J ~ 0:: ~ s~' a .3 ~ a ~ a:l a:l a:l ~ g: a:l a:l c( a:l a:lc( ~ a:l a:lc( q W UJ UJ UJ a:l :> S: S: a:l Z Z a:l CJ) CJ) a:l E; W ~ Z V) . Agenda Item NO.1 OE February 27,2007 SECTIOlllagtl 34 of 83 1-75 RAMP TERMINAL INTERSECTION OPERATIONS The SYNCHRO input and output data was automatically exported into the SimTraffic software and this software was used to simulate the 2004 peak hour interchange operations. SimTraffic is a stochastic model that randomly assigns vehicles to the study area roadway network prior to the beginning of the simulation time period. Consequently, it is recommended that SimTraffic be run multiple times using different initial network "loadings" and the simulation output data should be averaged to eliminate the potential for obtaining biased (skewed) results based on a single abnormal initial network loading. The 2004 peak hour simulation analysis was conducted seven times using different random seed numbers to "generate" different initial study area network vehicle loadings. The total delays (expressed in hours) and average vehicle delays (expressed in seconds/vehicle) estimated from each of the seven SimTraffic simulations were averaged and these average values are provided in Table 6-1. Since SimTraffic does not provide level of service as part of its output, the levels of service were determined based on the average vehicle delay criteria documented on page 16-2 of the 2000 Highway Capacity Manual. Table 6-1 indicates that the average overall intersection delays estimated from the SimTraffic analysis are very close to the average overall intersection delays estimated from the SYNCHRO analysis for both the west side and east side of ramp tenninal intersections, However, it should be noted that although the analysis results indicate that the ramp terminal intersections are operating at acceptable levels of service, recent peak hour field reviews conducted during peak season indicate that this interchange is experiencing larger delays than those summarized in Table 6-1. 6.2 2014 INTERSECTION OPERATIONS The 2014 peak hour SYNCHRO and SimTraffic analyses conducted for the diamond interchange configuration and the recommended loop ramp interchange are summarized in Table 6-2, The SYNCHRO analysis results indicate that the west side ramp terminal intersection is projected to operate at Level of Service D with an average overall delay of 37.8 seconds/vehicle for the diamond interchange configuration and at Level of Service C with an average overall delay of 29.5 seconds/vehicle for the recommended loop alternative. The SYNCHRO analysis results also indicate that there is a more significant difference in the projected operations at the east side ramp tenrunal. This intersection is projected to operate at Level of Service C with an overall average delay of 25.9 seconds/vehicle with the diamond interchange and at Level of Service B with an overall average delay of 12.4 seconds/vehicle with the recommended loop alternative. The SimTraffic analysis results provided in Table 6-2 indicate that even larger differences in overall average delay are projected to occur with these two interchange configurations. 28 LlJI'-C") OOCO ..,..,.0'0 n :<) E;'O) O)L..OJ _cuco -::lo... COL.. -0.0 cO) <lJlL OJ < 00 o u. <( . c ' u u u W W W ' ,. ..J = o '" .i: ~ c.. e o u CI) :s! '~co 1>.00 C)1'll "'" Il;'tii~~go::i E I'll EW ::l 00 III ~ I'll C <( U S I'll ... 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"": .... c;; - >- , <0 0 cO o::i o::i , cO , , . 0 ..- M III <(~ N ..- .... <0 .... L{') N r) CIl 3: ~ "iii; '. c ~ ~ I>> co "'" N 0) ..- <:) -- , c:i , . , ~ I'll 0 Q) co N ll'5 C"i oi o::i ll'5 .c I-Q .... .... u ... .$ .E 00 a. 0 , <( I <( , <( <( <( W 0 W . , . 0 ...I 0 ..J CI) "C tili; ~ en "'" "Ill; <0 ~ ~ co "": .... - >- , C"i , , <<i M oi N c.ci , , . III <(~ r) 0 L{') L{') It') . E I'll E W ::l (,) .2 00 <0 <0 co N <0 III >'lO li~ , , , C')"'" , co ~ , , . . ~ 0:: 0 0:0 0 0 I'll C <( 00 0 0 , U CO U W <( , 1XI , , , 0 W Q ...I ; 0:: :J: (,) III "C ~ lii til i;' I'-: "'" I>> 1'-:<0 co C'? ~ <:) 00- >- , ..- ll'5 M col . , ~ , , I oi 0) .n III <(~ C') ..- N L{')L{') .... "'" L{') It') III 3: I (,) ,2 I ~I~ co L{') 0 0) >'lO , I D::! "": , . , , , r-- ~ , 0:: 00 0 0 0 0 I .c .c .c .c - u u u (J c 2 . I'll = ::l 1': I'll - I'll - I'll CIl = ::l E Q) ... OJ ~ = .s:::. 0 = .s:::. ~ Q) ... Q) OJ Q) I OJ E .s:::. .s:::. ...J~ c:: ... ...J I- a. Q. ...J 0:: Q. ...Jo:: Q. ~ CO I- a. COco ~ CD ~ co CD ~ CO CD CD 0 W CD <(, ~I~ ~ Z rJ)rJ) W W z :!E 1XI 1XI 1XI 1XI W 3: z 00 '..... . r) .n r) .... N It') (,) 1XI co ..j. .... ..,. ai .... U a. E ~ 1XI 1U ~ E 0., N C C'l .... Q) E Q) > an 0 It') E c:i ::l ~ "0 Q) U 1U m a. Q) en ~ an ro oi c.J N 'iji >- .s:::. a. Q) .... E co .~ c:i C Q) E Q) > 0 E ::l :l ~ ~ "0 c: W ::l > 0 .a 0, iil ro Q) Q) .s:::. I- Agenda Item No. 10E February 27,2007 SECTIO~cfg~ 36 of 83 1-75 RAMP TERMINAL INTERSECTION OPERATIONS 6.3 2024 INTERSECTION OPERATIONS Table 6-3 summarizes the 2024 peak hour SYNCHRO and SimTraffic analyses conducted for the diamond interchange and the recommended loop ramp alternative. The SYNCHRO analysis results indicate that the diamond interchange west side ramp terminal intersection is projected to operate at Level of Service E overall with an average vehicle delay of 56,0 seconds/vehicle while the east side ramp terminal intersection is projected to operate at Level of Service D overall with an average vehicle delay of 50.5 seconds/vehicle. Although the overall Level of Service on the east side ofthe interchange is D, the following four movements are projected to operate at Level of Service E or F: . Eastbound left-turn (LOS F); . Westbound through (LOS E); . Northbound left-turn (LOS F); and . Northbound right-turn (LOS E) In contrast, the loop ramp alternative is projected to result in Level of Service D operations overall for the west side ramp terminal intersection and Level of Service B operations overall for the eastside ramp terminal intersection, The overall average vehicle delays are projected to be 51.2 seconds/vehicle and 14.1 seconds/vehicle for the west side and east side respectively. It should also be noted that the overall v/c ratios for the diamond interchange ramp terminal intersections are estimated to be equal to or greater than 1.00. This indicates that the diamond interchange is at or over capacity. Any additional increases in traffic volume wi11likely result in significant operational problems (i.e., large increases in delay, long vehicle queues) occurring at this interchange. The overall v/c ratios for the loop ramp alternative are estimated to be 0,99 (west side) and 0.68 (east side). This indicates that the loop ramp alternative offers the potential to accommodate additional increases in traffic volume above the level projected for the year 2024, The SimTraffic analysis results also indicate that four movements on the east side of the diamond interchange are projected to operate at Level of Service E or F in 2024. Only one movement on the east side of the interchange (the northbound left-turn) is projected to operate at Level of Service E or F in 2024 with the loop ramp alternative. Lastly, the loop ramp alternative is projected to result in significantly less total delay than the diamond interchange within the interchange area. The total delay estimated for the diamond interchange is 158.0 hours while the total delay estimated for the loop ramp alternative is 82.6 hours. This represents almost a 48% reduction in total hours of vehicle delay. 30 un-- ("') 0000 ..,-,..0'0 ("') }: .~ OJ m'-OJ _roro - ::lll. ro'- -o.D c(l) (l)LL OJ <t: ._- I:lS = '1$ r... 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Q) en oS en .~ c::i c Q) E Q) > o E :::l :j:5 c:("O 0::: C W 5 ~1jl ctl Q) (/) 1: I- Agenda Item NO.1 OE February 27, 2007 SECTIOlQag~ 38 of 83 SUMMARY 7.0 SUMMARY The interchange improvements provided with Alternative 4 are not expected to result in any negative impacts to the 1-75 mainline operations and will not add any new access points on the mainline. The provision of a loop ramp in the southeast quadrant of the 1-75/1mmokalee Road interchange is expected to have a significant positive impact on the traffic operations at the ramp terminal intersections, This improvement will facilitate the six-laning of 1mmokalee Road underneath 1-75 without the need for constructing a new bridge and therefore, represents an extremely cost-effective interchange improvement that should be implemented. 32 Agenda Item NO.1 OE February 27,2007 Page 39 of 83 RESOLUTION NO. 2007 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLJER COUNTY, FLORIDA, IN SUPPORT OF ENTERING INTO THE STATE INFRASTRUCTURE BANK LOAN AGREEMENT AND THE AMENDED LUMP SUM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE I-75/IMMOKALEE ROAD INTERCHANGE LOOP PROJECT WHEREAS, the 1-75/lmmokalee Road interchange experiences extensive delays at its current design; and WHEREAS, the implementation of the 1-75/Immokalee Road Interchange Loop improvements will help alleviate existing and future congestion at this interchange providing for a free flow eastbound Immokalee to northbound 1-75 movement as well as six through lanes on Immokalee Road under 1-75; and WHEREAS, the Collier County Board of County Commissioners are interested in seeing the 1-75/lmmokalee Road Interchange Project move forward as part ofthe 1-75 six lane improvement project; and WHEREAS, the Board finds that it is in the public interest for the County to enter into the State Infrastructure Bank Loan agreement and the amended Lump Sum Agreement pursuant to the terms and conditions contained in those agreements; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The Board of County Commissioners approve the State Infrastructure Bank Loan Agreement and the Amended Locally Funded Agreement with the Florida Department of Transportation and authorizes its Chairman, James Coletta, to execute both Agreements. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA , Deputy Clerk By: James Coletta, Chairman Approved as to form and legal sufficiency: Scott Teach Assistant County Attorney Agenda Item NO.1 OE February 27, 2007 FM # 42065~~4Jlof 83 COLLIER COUNTY FIRST AMENDMENT TO LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVMENT When signed by COLLIER COUNTY (hereinafter, "COlJNTY") and the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") in the places provided below, the following shall constitute the I st AMENDMENT to the LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR I-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVEMENT for FM # 420655 1 52 (hereinafter, "AGREEMENT"). A. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the Agreement. B. Except as expressly or by necessary implication modified hereby, all provisions of the Agreement shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the Agreement and the provisions hereo f, the latter shall prevail. C. The following WHEREAS clauses are added after the 2nd WHEAREAS clause in the original AGREEMENT: a. WHEREAS, this Agreement is sanctioned pursuant to Florida Statutes 334.044 and 339,12(2005), and the COUNTY has authority to enter into this Agreement and fund the COUNTY'S portion of the PROJECT costs, as agreed herein, which shall be incurred by the DEPARTMENT; b, WHEREAS, in order for the COUNTY to contribute to the construction costs funding portion the DEPARTMENT and the COUNTY have entered into a STATE INFRASTRUCTURE BANK LOAN AGREEMENT (hereinafter, "SIB LOAN"); and c. WHEREAS, the COUNTY wishes to assign to the DEPARTMENT all invoicing and payment rights under the SIB LOAN for construction performed by the DEPARTMENT as it relates solely to the DEP AR TMENT'S partial recovery of construction costs funding portion of the PROJECT; and d. WHEREAS, a Lump Sum Locally Funded Agreement is needed and required to define the specific contributions to be made by each party, and to clarify that regardless of the ultimate cost of the PROJECT and regardless of the ultimate cost of the I-75 @ Immokalee Overpass Interchange of the PROJECT, the COUNTY's contribution hereunder is limited to (a) the sum of SIXTEEN MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($16,521,450,00); and D. Paragraph a in section 1 of the original AGREEMENT is deleted in its entirety and replaced Agenda Item No. 10E February 27, 2007 FM # 420655atl~zmlof 83 1st AMENDMENT TO LFA w/COLLIER COUNTY Page 2 of3 with the following: a. The COUNTY agrees to a non-refundable lump sum payment to the Department in the amount of SIXTEEN MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($16,521,450.00) as full payment for the cost of the I-75 @ Immokalee Overpass Interchange Improvement project FM No, (420655 I 5201) to be paid to the DEPARTMENT. Payment of the lump sum shall consist of two parts: a TWELVE MILLION DOLLARS ($12,000,000,.00) loan reassignment as detailed below and an escrow account deposit payment of FOUR MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($4,521,450,00) as detailed in paragraphs b and c below: (1) Upon execution of the State Infrastructure Bank Loan (hereinafter, "SIB LOAN") for TWELVE MILLION DOLLARS ($12,000,000,.00) between the COUNTY and the DEPARTMENT, the COUNTY shall assign all of its rights to the proceeds of the SIB LOAN and assigns and transfers to the DEPARTMENT the right to receive all disbursements of the SIB LOAN in accordance with the terms of the SIB LOAN Agreement The COUNTY shall submit whatever forms and documents are reasonably required by the DEPARTMENT in order to effect the release of said proceeds of the SIB LOAN. The DEPARTMENT shall provide a copy of all such forms and documents to the COUNTY. The SIB LOAN agreement is hereby incorporated into this agreement upon execution of the SIB LOAN (2) The COUNTY shall assign to the DEPARTMENT all invoicing and payment rights under the SIB LOAN for construction performed by the DEPARTMENT as it relates solely to the DEPARTMENT'S partial recovery of construction costs funding portion of the PROJECT. E, Paragraph b in section 1 of the original AGREEMENT is deleted in its entirety and replaced with the following: b. The remaining sum of FOUR MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($4,521,450.00) shall be deposited by the COUNTY into an interest bearing escrow account (hereinafter, "ESCROW ACCOUNT") in the name of the Florida Department of Transportation with the Department of Financial Services, Division of Treasury and in accordance with the terms and conditions of the Memorandum of Agreement (hereinafter, "MOA") executed by the DEPARTMENT, the COUNTY and the Department of Financial Services, The MOA is incorporated into and made part of this Agreement. F. Paragraph c in section I of the original AGREEMENT is deleted in its entirety and replaced with the following: c. Interest from the ESCROW ACCOUNT shall be left in the account to cover future funding needs for completion of the PROJECT, ACKNOWLEDGED AND AGREED TO: Agenda Item NO.1 OE February 27,2007 FM # 420655atJe2m.of 83 1st AMENDMENT TO LFA w/COLLIER COUNTY Page 3 of3 COLLIERCOUNTY, FLORIDA ATTEST CLERK (Seal) Date TITLE Print Name Date Collier County Attorney Legal Review: By: Date ATTEST STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXECUTIVE SECRETARY (Seal) Print Name Date Availability of Funds Approval: By Date By: DISTRlCT SECRETARY OR DESIGNEE DISTRICT ONE Print Name Date Fla. Dept. of Trans. Legal Review: By: Date Agenda Item No, 10E February 27,2007 Page 43 of 83 EL T Comments 01/29/2007 STATE OF FLORIDA DEP ARTMENT OF TRANSPORT A TION AND COLLIER COUNTY, FLORIDA STATE-FUNDED ST ATE INFRASTRUCTURE BANK LOAN AGREEMENT Catalog of State Financial Assistance (CSFA): 55.020 Contract Number: Financial Project Number: 420655-2-58-01 State of Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 Agenda Item No. 10E February 27, 2007 Page 44 of 83 Agenda Item NO.1 OE February 27,2007 Page 45 of 83 STATE INFRASTRUCTURE BANK LOAN AGREEMENT CONTENTS PAGE ARTICLE I - DEFINITIONS...,.....,.... ,..." ..,..,...,..... ,.....",.. '...,...., ......,.. .,...'., ..... ,......",. ..,....",..., ......,.,., 2 1.01, WORDS AND TERMS, ........,..,..,.' ..........',..".., ...., ..........,.',. ,...,.....,. ......,.. '.... ,. ,....... ......,...,2 1.02, CORRELATIVE WORDS....", ......",.........,.,'........ ,.......,.., ,. ....... ,........"..... .........".,....,...,....3 ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS ..............,...............,.......... 4 2.01. GENERAL WARRANTIES, REPRESENTATIONS AND COVENANTS. ..,...........,........,.4 2.02. TAX WARRANTIES, REPRESENTATIONS AND COVENANTS. ................................... 5 2.03. LEGAL AUTHORlZA TION. ........,..,.....",.. ..,..,..............."........,......,..""............,.""........" 9 2.04. AUDIT AND MONITORING REQUIREMENTS.....................................................,........ 10 ARTICLE III - LOAN REPAYMENT ACCOUNTS ............................................................................. 12 3.01. LOAN REPAYMENT ACOUNT..... ........ .......... ...., ..... ....... ........................... .................... 12 ARTICLE IV - THE PROJECT........... ...,..... ,.,.,..,......,. ......... ..... .........,........", ,....... ....,...... ..,................ 12 4.01. PROJECT CHANGES."...,..,., ...."...................".. ..,. ...........,.......,.........".." ..............,.. ....... 12 4.02. PERMITS AND APPROVALS, .... ........... .......... .................. ........................... ......... .......... 12 4.03. PROJECT SCHEDULE AND INDEBTEDNESS. ............................................................., 13 4.04, OFFICIAL INTENT..,.,. ..".. ,.. .....", .., ,.......".,.." ,...., ...., ,. ...".. ..,..".... ...,. ,..., '.."" ..., '. ..,,'...,.. 13 ARTICLE V - RATE COVENANTS AND USE OF TRANSPORTATION SYSTEM ......................... 13 5.01. COVENANT NOT TO IMPAIR LIEN, ...., .............. ........................,.. ................................ 13 5.02. NO FREE SERVICE. .................... ........... .......... .......... ................... ............ .................... '.. 13 5.03. COLLECTION OF PLEDGED REVENUES.....................................,..............................., 13 ARTICLE VI - DEFAULTS AND REMEDIES.......... ........ ,.. ........................................................ ....... 13 6.01. EVENTS OF DEFAULT. ............... ......... ............ ......... ......... ,........,.................,................, 13 6.02, REMEDIES..",.............,..............,...........,.,..,........, ,................,....,...,..,....,....,..,..,..". ......... 14 6.03. REMEDIES NOT EXCLUSIVE; DELAY AND WAIVER. ...............................................15 ARTICLE VII - THE PLEDGED REVENUES.......... ............ ..... ........... .................. .......... ........ ........... 15 7,01. SUPERlORITY OF THE PLEDGE TO THE DEPARTMENT, ................,........,...............,15 7,02, ADDITIONAL DEBT OBLIGATIONS................... .................................................... .....,. 16 ARTICLE VIII - GENERAL PROVISIONS.... ........... ....... ............. ....... ............................ ........ ........ ,.. 16 8,01. DISCHARGE OF OBLIGATIONS..."...........,.. ...........'......... ...,......". ......... ...........,......,.... 16 8 ,02. RESERVED. ......,..".., ....,........,...",.." ......,....,...,..,..........."...........,.,....." '........... ............... 16 8.03, ASSIGNMENT OF RIGHTS UNDER AGREEMENT, ................,.....................................16 8.04, AMENDMENT OF AGREEMENT................................................................. ................... 17 8.05, ANNULMENT OF AGREEMENT, ...."................,.,........,......,.,.."..,.,.........,.........,.........., 17 Agenda Item NO.1 OE February 27, 2007 Page 46 of 83 8.06. SUSPENSION AND TERMINATION, ...,..,..................,................,..............................,....17 8,07, SEVERABILITY CLAUSE,.. .,.. .,...."........ ...., .",. ..".,....... .,..",......",....",..,..,. .........,.......... 17 8,08 . APPROPRIATION,..".... ......,.......................".......,..............."....."....,......",.......,.... .......... 18 ARTICLE IX - INSURANCE,....."..,.....""",...............,.".........,..,.....,.....".....".............,......"",....,.".., 18 ARTICLE X - DETAILS OF FINANCING .... ..,................................................................................... 18 10,01. PRINCIPAL AMOUNT OF LOAN. ................................................................................... 18 10.02. FINANCING RATE, ..............,.............. ,.............................. ................... ....... ......... ....,...... 19 10.03. LOAN DISBURSEMENTS .......... ............ ,.. ..... .... ......... .... .................................., .............. 19 10,04, LOAN PAyMENTS............................ ..................................... ............. ......... .................... 20 ARTICLE XI - MISCELLANEOUS............... ........................................ ............ ...... ...................... ...... 20 11.01. THIRD PARTY AGREEMENTS ............., ........ .......... ......... ,........ .......... ........................... 20 11.02. COMPLIANCE WITH CONSULTANT'S COMPETITIVE NEGOTIATON ACT............. 20 11.03. DISADV ANT AGED BUSINESS ENTERPRISE (DB E) POLICY AND OBLIGATION.... 20 11,04. DISCRIMINATORY VENDOR..... ....... ................ ........... ....... ....... ............ ........................ 21 11.05, EQUAL EMPLOYMENT OPPORTUNITY. ,............................................,......,................. 21 11.06. PROHIBITED INTERESTS. ...... ......,.... ....,............................... ....... ,....... ......... ............ ..... 21 11,07. ENVIRONMENTAL POLLUTION. ...................... ....... ,.. ......... ,...., ............ .................. .....22 11.08. NO OBLIGATION THIRD PARTIES............ ........... ................... ............. .........................22 11.09. WHEN RIGHTS AND REMEDIES NOT WAIVED .......................................................... 22 11.10, BONUS OR COMMISSION......,........ ....................................................................,.......... 22 ILl 1. USE AND MAINTENANCE OF PROJECT............................................,.......................... 22 11,12, INDEMNITY. ............................................... ,................ ......................,.... ............. ............ 23 11.13, PLANS AND SPECIFICATIONS ...................................................................................... 23 11.14, PROJECT COMPLETION, AGENCY CERTIFICATION ..................,.......................,...... 23 11.15, THIRD PARTY BENEFICIARy...... ..... .....,.......... ..... ..,........ ........................... ....... ,......... 23 11,16, ENTIRE AGREEMENT.... .................. ,........... ....... ...,.. ....... ..... ....... ....... ...... ....... ..............,23 11.17. NOTICES.... .........................,.............. ,.................. ...,.................................... .................... 24 ARTICLE XII - EXECUTION OF AGREEMENT. .........................................,.................................... 25 EXHIBITS 11 Agenda Item No, 10E February 27, 2007 Page 47 of 83 STATE-FUNDED STA TE INFRASTRUCTURE BANK LOAN AGREEMENT THIS AGREEMENT is dated as of and is by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (the "Department") and COLLIER COUNTY, FLORIDA (the "Agency"), existing as a political subdivision under the laws of the State of Florida. WITNESSETH: WHEREAS, pursuant to Section 339.55, Florida Statutes (the "State Act"), the Department is authorized to make loans to governmental units and private entities to finance or refinance the construction, reconstruction, and improvement of transportation facilities that are on the State Highway System or that provide for increased mobility on the State's transportation system or provide intermodal connectivity with airports, seaports, rail facilities, and other transportation terminals; and WHEREAS, in accordance with the provisions of the State Act, the Department has responsibility for the performance of various activities in connection with such loans; and WHEREAS, the Agency has made application for the fmancing of the Project (as hereinafter defmed), through a loan made under and pursuant to the State Act, and the Department has determined that the Project meets all requirements for a loan and has agreed to make a loan to the Agency for the fmancing of the Project as set forth in this Agreement (the "Loan"); and WHEREAS, in accordance with the provisions of Sections 215.57 - 215.83 (the "State Bond Act") and that certain Resolution of the Division of Bond Finance of the State Board of Administration of Florida (the "Division"), dated March 30, 2004, as supplemented and amended from time to time (the "Resolution"), the Division is authorized to issue bonds (the "Bonds") on behalf of the Department to fund loans pursuant to the State Act and to refund Bonds; and WHEREAS, the Loan and all payments of principal and interest thereon, including prepayments, and all proceeds thereof, have been or are intended to be pledged and assigned under the Resolution as security for the payment of principal of, premium, if any, and interest on the Bonds; NOW, THEREFORE, in consideration of the Department making the loan to the Agency, in the principal amount and pursuant to the covenants hereinafter set forth, and intending to be legally bound by this Agreement, the Department and the Agency agree as follows: Agenda Item NO.1 OE February 27, 2007 Page 48 of 83 ARTICLE I - DEFINITIONS 1.01. WORDS AND TERMS. In addition to the words and terms elsewhere defined in this Agreement, the following words and terms shall have the meanings set forth below, Any terms used in this Agreement not defmed below or elsewhere herein shall have the definition given such term in the Agency's Composite Gas Tax Revenue Bond Resolution No 2003-89, as amended, adopted February 25, 2003, (1) "Agreement" or "Loan Agreement" shall mean this loan agreement and all exhibits and schedules attached hereto. (2) "Agreement Date" means the date first written above, (3) "Applicable Tax-Exempt Bonds" shall mean Tax-Exempt Bonds, the proceeds of which are allocated to the Loan. (4) "Authorized Representative" shall mean the official or officials of the Agency authorized by ordinance or resolution to sign documents associated with the Loan. (5) "Bond Counsel Opinion" means an opinion signed by an attorney or firm of attorneys, selected by the Division of Bond Finance, the Department or the designee of either, of recognized standing and experience in the field of municipal bonds whose opinions are generally accepted by purchasers of municipal bonds, (6) "Capitalized Interest" shall mean a finance charge that accrues on Loan proceeds from the time of disbursement. Capitalized Interest is financed as part of the Loan principal. (7) "Code" shall mean the Internal Revenue Code of 1986, the Treasury Regulations (whether temporary or final) under that Code or the statutory predecessor of that Code, and any amendments of or successor provisions to, the foregoing and any official rulings, announcements, notices, procedures and judicial determinations regarding any of the foregoing, all as and to the extent applicable. (8) "Constitutional Gas Tax" means the two-cent fuel tax imposed pursuant to Article XII, Section 9(c), Florida Constitution, and Sections 206.41 and 206.47, Florida Statutes, (9) "Defeasance Obligations" means, to the extent permitted by law, direct non- callable obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States and including advance refunded tax-exempt bonds fully secured by non-callable direct obligations of the United States of America, non-callable obligations guaranteed by the United States of America, or "stripped" interest payment obligations of debt obligations of the Resolution Funding Corporation. (10) "Financing Rate" shall mean the charges, expressed as a percent per annum, imposed on the unpaid principal of the Loan as set forth herein, 2 Agenda Item NO.1 OE February 27, 2007 Page 49 of 83 (11) "Five Cents Local Option Gas Tax" means the fIrst 5-cents of the local option gas tax levied and received by the Agency pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by a supplement to this Loan Agreement, any additional local option gas tax received by the Agency pursuant to Section 336.025(1)(b), Florida Statutes, and pledged by the Agency pursuant to such supplement. (12) "Gas Tax Ordinances" means the ordinances enacted from time to time by the Agency which impose the gas taxes included in the definition of Pledged Revenues, including but not limited to, Ordinance No. 80-50 of the Agency, enacted on June 3, 1980; Ordinance No. 80-51 of the Agency, enacted on June 3, 1980; Ordinance No, 99-40 of the Agency, enacted on May 25, 1999; Ordinance No. 93-48 of the Agency, enacted on August 3-1993, as amended by Ordinance No, 2001-26 of the Agency, enacted on May 8, 2001; each as amended and supplemented from time to time. (13) "Gas Tax Revenues" means the moneys received by the Agency from the proceeds of the following non ad-valorem taxes: the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax, the Constitutional Gas Tax and any other gas tax imposed and/or received by the Agency which is specifically pledged hereunder by the Agency pursuant to a supplement to this Loan Agreement. (14) "Impact Fees" means all the Agency's impact fees imposed pursuant to the Agency's Impact Fee Ordinance at Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida at the rates imposed by Schedule One relating to Road Impact Fee Rates. (15) "Loan" shall mean the loan made to the Agency pursuant to this Agreement and the State Act in the initial principal amount of $12,000,000. (16) "Loan Application" shall mean the completed form which provides all information required to support obtaining the Loan, (17) "Loan Payment" shall mean the periodic loan payment due from the Agency. (18) "Ninth Cent Gas Tax" means the tax of one-cent per gallon on motor fuel and special fuel imposed by the Agency pursuant to Section 336,021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes as provided by the Gas Tax Ordinances. (19) "Parity Obligations" mean the Collier County, Florida Gas Tax Revenue Bonds, Series 2003; the Collier County, Florida Gas Tax Revenue Bonds, Series 2005 and any Additional Bonds (as defined in the Revenue Bond Resolution) issued on a parity therewith pursuant to the terms of the Revenue Bond Resolution and Article VII herein. (20) "Pledged Revenues" shall mean (A) the Gas Tax Revenues and (B) the Impact Fees. (21) "Project" shall mean the state capital outlay project financed by this Loan, consisting of all labor, materials, and equipment to construct the eastbound Immokalee to I-75 northbound loop and four to six lane widening on Immokalee Road within the limited access 3 Agenda Item NO.1 OE February 27, 2007 Page 50 of 83 right of way under the 1-75 overpass known as the Immokalee/I-75 Loop project and as more fully described in the Loan Application, in accordance with applicable law and the summary specifications included in Exhibit D, for the following contracts: Immokalee/I-75 Loop project.The Project is in agreement with the planning documentation accepted by the Department effective March 2006 and the documentation is attached in Exhibit D, (22) "Revenue Bond Resolution" means the Agency's Composite Gas Tax revenue Bond Resolution No 2003-89, as amended, adopted February 25,2003, (23) "Senior Revnue Obligations" means the the following debt obligations: (a) $96,255,000 Collier County, Florida Gas Tax Revenue Bonds, Series 2005; (b) $ Collier County, Florida Gas Tax Revenue Bonds, Series _; (c) Additional obligations issued pursuant to Section 7,02 herein with a lien on the Gas Tax Revenues that is senior to the lien of this Loan Agreement on the Gas Tax Revenues; and (d) Any refunding obligations issued to refund the obligations identified above, provided that for each fiscal year during the remaining repayment period of this Loan, the debt service payments on such refunding obligations shall not exceed the debt service payments that would have been due on the refunded obligations but for the refunding. (24) "Seventh Cent Gas Tax" means the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206,87, Florida Statutes, and allocated to Agency pursuant to the provisions of subsection (1 )(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes, (25) "Six Cents Local Option Gas Tax" means the first 6-cents of the local option gas tax levied and received by the Agency pursuant to Section 336,025(1)(a), Florida Statutes, plus, to the extent provided by a supplement to this Loan Agreement, any additional local option gas tax received by the Agency pursuant to Section 336.025(1 )(a), Florida Statutes, and pledged by the Agency pursuant to such supplement. (26) "State" means the State of Florida. (27) "State fiscal Year" shall mean the period commencing on July I of each year and ending on June 30 of the succeeding year. (28) "State Infrastructure Bank" or "SIB" means the State-funded State Infrastructure Bank created pursuant to Section 339,55, Florida Statutes. (29) "Tax-Exempt Bonds" means Bonds the interest on which is intended on their date of issuance to be excludable from gross income of the holders thereof for federal income tax purposes, 4 Agenda Item No. 10E February 27,2007 Page 51 of 83 1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural and the word "person" shall include departments and associations, including public bodies, as well as natural persons. Capitalized, undefined words herein shall have the same meaning given to them in the Revenue Bond Resolution. ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. GENERAL WARRANTIES, REPRESENTATIONS AND COVENANTS. The Agency warrants, represents and covenants that: (1) The Agency has full power and authority to enter into this Agreement and to comply with the provisions hereof and shall initiate and prosecute to completion all proceedings necessary to enable the Agency to provide the necessary funds for repayment of the Loan. (2) The Agency currently is not the subject of bankruptcy, insolvency, or reorganization proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or enjoin it from entering into, or complying with, this Agreement. (3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity, before any court or public body, pending or, to the best of the Agency's knowledge, threatened, which seeks to restrain or enjoin the Agency from entering into or complying with this Agreement, or which enjoins or seeks to enjoin the assessment, collection or transfer of the Pledged Revenues. (4) All permits, real property interests, and approvals required as of the date of this Agreement have been obtained for construction and use of the Project. The Agency knows of no reason why any future required permits or approvals are not obtainable, (5) The Agency shall undertake the Project on its own responsibility, to the extent permitted by law. (6) To the extent permitted by law, the Agency shall release and hold harmless the State, its agencies, the Department, and each of their respective officers, members, and employees from any claim arising in connection with the Agency's actions or omissions in the Agency's planning, engineering, administrative, and construction activities financed by the Loan or its operation of the Project. (7) All Agency representations to the Department, pursuant to the Loan Application and this Agreement, were and are true and accurate as of the date the Loan Application and this Agreement were each executed by the Agency, The financial information delivered by the Agency to the Department was current and correct as of its date. Since the date of such financial information, there has not been any material adverse change in the [mancial condition or revenues and expenditures of the Agency, or in the collection of the Pledged Revenues. The 5 Agenda Item NO.1 OE February 27, 2007 Page 52 of 83 Agency shall comply with all applicable State and Federal laws, rules, and regulations. To the extent that any assurance, representation, or covenant requires a future action, the Agency shall take such action as is necessary for compliance, (8) The Agency shall adhere to accepted governmental accounting principles established by the Governmental Accounting Standards Board. As part of its bookkeeping system, the Agency shall keep accounts of the Project separate from all other accounts and it shall keep accurate records of all expenditures relating to the Project, the Pledged Revenues and Loan disbursement receipts. (9) Pursuant to Section 216.347 of the Florida Statutes, the Agency shall not use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State agency. (10) The Agency agrees to construct and/or acquire the Project or cause the Project to be constructed and/or acquired materially in accordance with the plans, specifications and time schedules set forth or referenced in the Loan Application. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of the Agency are excepted. If for any reason construction or acquisition is not completed as scheduled, there shall be no resulting diminution or delay in the Loan Payment unless consented to by the Department in writing. (11) The Agency covenants that this Agreement is entered into for the purpose of constructing, acquiring, refunding, or refinancing the Project which will in all events serve a public purpose, The Agency covenants that it will, under all conditions, complete and operate the Project to fulfill the public need. (12) The Agency shall submit to the Department such data, reports, records